Federal Law "On Military Duty and Military Service" allows citizens to sign a contract with the Defense Ministry, which provides for military service and the procedure for its passage.This document shall come into force immediately upon its signing and shall cease to have effect from the date of the military of another such contract, and its exclusion from the lists of the military unit.Relationship of the parties associated with the passage of contract service, are governed by special laws, regulations, and regulatory and legislative government regulations.
Contract: Required information
document includes the following items:
- voluntary enlistment;
- an indication of the period of service;
- conscientious performance of the contract, as well as all general, special and official duties;
- the rights of servicemen and their families, compensation and social guarantees.
Some difficulty is the legal nature of the contract, by which the contract service, as the participants of military service relationship, which are also proprietary in nature, such as providing money and other allowances are not subject to civil law, including the rules of civil lawresponsibility.On this basis, we can conclude that in the present case, the parties who have signed such a contract, may not apply such sanctions as in violation of a civil contract.
Regarding labor relations, management of the federal executive body, which provides for military service, free to identify specific duties and rights of military personnel due to the peculiarities of military service in a particular area.
Differences between the contract and the employment contract
1. normative framework of the employment contract of the Labour Code, and the contract is subject to the Federal Law "On Military Duty and Military Service" as well as other legislative and regulatory acts.
2. The contract is limited to between 18 and 40 years.
3. The contract is strictly for a certain period.
4. The employment contract provides for more stringent requirements to persons who voluntarily join the military.First of all, a citizen must comply with professional psychological and medical requirements for certain military specialties, it must have a sufficient level of education as well as good physical preparation.
From all of the above it can be concluded that the military is not part of the contract of employment.This is a special agreement which has administrative and legal framework, with a clear indication of the mutual rights and obligations of participants.
Types of contracts
first pass is made the original contract that is a citizen, previously held at government troops in the service contract.There is a special provision of the service contract, under which the military to sign new contracts.The reason for this can be the expiry of the old contract, translating soldier from the federal executive body in the Ministry of Defence, as well as the temporary suspension of military service.
addition, the contract military service can be controlled by short-term contracts, which are for special one-off jobs in times of emergency, such as large-scale natural disasters, conducting special state events, the restoration of security, peace and constitutional order in the countryand much more.Of particular note are the contracts that are concluded with the servicemen who have reached the age limit and willing to continue to be in the ranks.It can be as original agreement and the new.
If soldiers are trained in military educational institutions of vocational education, secondary or higher education, postgraduate or doctoral studies, service contract with them is all the training, as well as 5 years after its completion.Such agreements may be primary and the new.
Terms military contracts
service contract has a fixed term, during which the soldiers should be clearly perform all the duties prescribed in the contract.After the time specified in the contract and there are no grounds for its further extension, contractor should be dismissed and that day is excluded from the list of the personnel of the said military unit.
first contract is:
- to servicemen who are performing military service conscription, or a citizen who goes to the military post, providing the title of a sailor, a soldier, a sergeant or a sergeant for a period of 3 years;
- a citizen of another state, which goes to the military post in the rank of a sailor, a soldier, a sergeant or a sergeant for a period of 5 years;
- with military or citizen applying for warrant officer, warrant officer or officer for a period of 5 years;
- a military that gets the highest military education (for the whole period of study, and for 5 years after its completion, with the general rules of contract service can be up to 10 years);
- with the citizen, specially trained in the higher military center and comes to the position of an officer for a period of 3 or 5 years;
- with conscripts the first contract may be concluded for a shorter period on the condition that the total duration of his stay in the army will be 3 or 5 years.
Contract Terms
The basic conditions include the following provisions:
1) a citizen is obliged to be on duty for the period specified in the contract;
2) The military should be strictly enforced job description service contract, which is governed by the laws and other regulations;
3) The soldier is entitled to benefits, guarantees and compensations, as well as respect for the rights (and their family members);
4) particular military service carefully prescribed in the contract and include dates, order of assignment and withdrawal of military ranks, as well as the movement of fighters and promotion through the ranks.Contract military service shall be deemed terminated on the day of expiry of the contract.
Early termination of the contract
prematurely terminate the contract possible in the following cases:
- significant or systematic violations;
- failure to comply with conditions of the contract;
- organizational and staffing measures;
- transition to the service in the Interior Ministry and other executive agencies;
- for health reasons;
- for family reasons;
- need constant care for relatives who need it for health reasons;
- care of a minor child who is brought up without the other parent;
- soldier vesting powers of the highest official of the state party;
- receive parliamentary mandate;
- guilty verdict.
Requirements for applicants to contract service
citizen who comes to contract military service should be free to communicate in the national language, as well as to meet certain requirements.Medical examination of applicants is carried out according to the "Regulations on military-medical examination" on the basis of which issued an opinion on the suitability of the citizen to military service.Professional-psychological selection is carried out by experts who make a determination on the citizen aptitude for military service.These requirements are set by the heads of federal executive authorities and the Minister of Defence.The order of the service contract can be drawn up only after all the necessary procedures and activities on the basis of which shall be made positive decision on the candidate.
reasons for refusing admission to contract service
main reasons are several:
- no vacancies that match specialty and training of the candidate;
- negative decision on the results of competitive selection;
- non-compliance;
- a conviction or a sentence, unwithdrawn or outstanding conviction;
- judgment on deprivation of the right to hold a military post.
It should be noted that any citizen who refused to sign the agreement on contract service, has the right to appeal this decision to a higher authority, prosecutor's office or the court.
Application for admission to the contract service
The statement must specify the following information:
- citizen name, date of birth and place of residence;
- name of the body, which is expected to conclude the contract;
- presumptive lifetime.
addition to the statements required to present proof of identity and proof of citizenship, as well as a completed and signed a questionnaire, an autobiography, written in any form, certified copies of labor books and documents confirming a particular education.In addition, the required certificate of marriage and the birth of children (if any).
Financial provision of contract
1. Pay and additional payments for seniority, qualifications, work with classified materials, special conditions of service, the implementation of risk-related tasks, special achievements, the qualification level of information and physical training, as well as the annualfinancial assistance in the amount of one salary.
2. Annual compensation for travel in both directions for the military of the Far North.
3. The food, clothing and housing.
4. Personal insurance.
5. Social guarantees in the sphere of education.
6. installation allowance when moving to a new duty station.
7. Social benefits in the performance of tasks in extreme conditions and in times of armed conflict.
8. Payment of a lump sum upon separation from service.
9. Conduct a free diagnosis and treatment.
10. Free dentures.
11. Provision of necessary medicines.
Service Contract 44-FZ
Regulation on the establishment of the Federal Service Contract entered into force since the beginning of 2014.This law defines mechanisms for creating such a service.The main areas of reform of the public procurement system are personnel changes: the creation of a customer service contract, contract manager and the appointment of committees to control procurement.Each employee contract service must have professional or higher education in the area of procurement, which will allow him to perform his duties qualitatively.
Why do you need service contract?The purpose of this innovation is to responsibly and professionally implement the entire procurement cycle, from planning through its concrete results.On the establishment of the service contract shall be their own client, he also has the right to approve the structure of the department and its population.
regulatory framework governing the activities of contract service budget institution
- Constitution.
- Federal Law №44-FZ.
- civil law.
- budget legislation.
- Other normative legal documents.
Procedure
complete procurement cycle includes:
- planning;
- definition of suppliers, contractors and artist;
- conclusion of the contract;
- performance of the contract;
- handling complaints.
Regulations on contract service offers three models of its organization: a structural unit, without the appointment of a single contract or a manager.According to the Law №44-FZ, contract service should create customers with annual purchases of more than 100 million rubles.If such a unit was not set up to the customer to control the appointment of the contract - the official who will be responsible for the execution of each contract and procurement.
Regulations on contract service, a model of which provides clear step instructions, to achieve maximum efficiency in the execution by the parties of their obligations under a particular contract.This law promotes the transparency of trade relations between the customer, intermediary and executor.
