Officers in the reserve, due to various life circumstances, may express a desire to be reinstated in military service. The probability of a positive decision depends on the reasons for joining the reserve, the state of health, the age of the applicant, the level of his physical fitness, the time elapsed after the dismissal, and the availability of a vacant position to be filled. It is possible to talk about reinstatement in the army only in case of wrongful dismissal, in all others it is appropriate to talk about concluding a new contract.

Reinstatement of a reserve officer in the RF Armed Forces

Reinstatement of a reserve officer military service impossible if he reaches the age limit for service, but it is quite likely in situations where he was previously dismissed for:

It should be understood that in the legal sense, the officer will not be reinstated in the service, he has the right to conclude a new contract if the reasons that led to the previous dismissal are eliminated.

The requirements for a candidate to conclude a contract are the same:

  • the absence of a criminal record and the current criminal proceedings against a candidate for service;
  • acceptable age and physical training, provided by the standard for each age group;
  • lack of diseases specified in the medical list of admission to the service.

The procedure is approved by the regulatory documentation. The first step will be a visit to the military registration and enlistment office, where the reserve officer is registered with the military. You must have a passport and all documents related to service in the Armed Forces with you. A diploma of education and a certificate of retraining, if any, will not be superfluous. In accordance with the sample presented at the stand, you should write an application, indicating personal data and wishes for the conditions of service. If there are vacancies corresponding to education, rank and previous position, you will be asked to pass a medical commission (at the place of residence and a specialized IHC), pass. If the officer meets all the requirements of the vacancy, then the issue of concluding a contract will be resolved positively. Get ready for a long wait, the duration of which depends on:

  • the speed of passing the medical examination;
  • the timing of receipt of a response to a request for a lack of criminal record;
  • the need for intradepartmental movement of documents.

Recruitment may be refused on the same grounds as upon the conclusion of the first contract.

Recovery after dismissal for OSHM or health reasons

If the officer was previously dismissed in connection with organizational events due to the reduction of his position and the inability to provide him with a similar one, reinstatement is possible in another part where there is a vacancy that does not contradict the candidate's track record.

Note! Benefits provided for in case of re-employment will be cancelled.

If the state of health of the military has improved after the dismissal, and he wants to continue serving in the ranks of the Armed Forces, the soldier has the right to undergo the VVK. If health restrictions are lifted by doctors, there are no obstacles to concluding a contract.

It is not necessary to present the conclusion of independent examinations to the VVK, it is better to transfer an extract from the departmental medical institution where the officer underwent treatment or rehabilitation.

Is it possible to recover due to NUK

Unfortunately, the likelihood of returning to the service after dismissal due to breach of contract is extremely low due to the fact that this reason is considered to be discrediting. It will be difficult for an officer to prove that he violated the provisions of the contract, because he was not fired for family reasons, or the dismissal by the NUK took place due to personal hostile relations with the commander. Even if these justifications are true, the personnel department will decide what is more important for the unit: whether the officer has exclusive knowledge and skills or his quarrelsome nature. When dismissing, you should always take into account the likelihood of returning to the service, and try to maintain a dignified appearance of your track record. Dismissal in connection with a warning about incomplete compliance with the position held closes the road to the army with almost a 100% guarantee.

Return to the army after illegal dismissal

In case of wrongful dismissal, the officer should apply to the court. If judicial authority if violations are established related to the dismissal of the military before the right to receive pensions or without providing him with housing in a legal manner, then he must be restored to the lists of the unit by a court decision. The Ministry of Defense must eliminate violations in terms of granting the right to housing and a pension, pay the amount of unreceived Money and compensate for moral damages. Dismissal for medical reasons or due to the onset of the age limit for service will not become an obstacle to the restoration of the rights of the military to housing and pension provision. The same scheme should be followed by a serviceman who was fired due to non-compliance with the terms of the contract or as a result of a penalty imposed related to incomplete service compliance.

Important! The solution of the issue through the court will take a lot of time, but in case of victory, the military will be compensated for all material damage and moral damage.

If it is possible to prove that there was no violation of the contract by the military, or it turns out that the penalty imposed was declared unlawful, he will be reinstated in the service in the prescribed manner.

Violations may be committed by the personnel unit, as a result of which the court decides to include the officer in the lists of the unit without reinstating him in his position.

Violation of the order of dismissal

There is a judicial practice to restore the rights of a serviceman in the event of legal dismissal in violation of the resignation procedure. The court ruling cancels the order on, prescribes to eliminate the violations, and compensate for the damage resulting from this. The period required for the restoration of rights is included in the term of service by changing the date of exclusion from the list of personnel.

Dismissal without calculation

In this case, it is necessary to restore the officer who did not receive a full calculation in the list of the unit before the amount of all due payments has been made.

Safety Russian Federation largely depends on the reserve officers who have successfully served for the benefit of the state and sent to the reserve. Only officers who have fully served Russia can form the Reserve of the RF Armed Forces.

Reserve officers of the RF Armed Forces: what you need to know?

Each citizen has the opportunity to obtain the military rank of officer only if he successfully completes training at a military department in a certain specialty, and then fulfills the corresponding duty to his homeland. At the same time, the officer is successfully enlisted in the reserve.

Every citizen liable for military service who has decided to devote himself to the full-fledged service of Russia must receive certain skills and successfully pass training course. A mandatory stage is the special fees of the military. Other fees are not included in the scope of duties of officers of the Russian Federation.

Service in the army as a reserve officer becomes possible only after a successful health check and admission to study and labor activity. To do this, the military commissar calls up officers for military service. Reserve officers must receive the first summons and immediately go through all necessary examinations at the doctors, after which - go to the military commissar with the provision of a full package of established documentation in order to make a final decision on the possibility of military service in Russia. With a favorable development of the situation, the citizen receives an order and leaves for the place where he should serve.

If a person liable for military service receives a summons and does not appear at draft events and a medical examination, he becomes a military service evader. In this case, the legislation of the Russian Federation provides for the possibility of bringing to administrative or criminal liability.

What do officers of the Reserve Armed Forces of the Russian Federation need to know?

Currently, every citizen who has acquired the rank of lieutenant and above can find a job in the Ministry of Defense of the Russian Federation. Contract service as a reserve officer has numerous differences compared to other options. This is due to the peculiarity of the defense of the Motherland.

Important differences:

  • reserve officers are sent to units constant readiness And air force RF;
  • junior and senior officers always consists only of those citizens who have successfully completed higher education institutions or special courses with mandatory completion military department;
  • citizens who have already worked in the relevant military ranks have the right to successful employment;
  • the minimum age for employment is 18 years, the maximum is 40 years.

All of the above requirements are imposed on women of the officer rank, therefore, it is not possible to note differences from the requirements for men. This is directly related to all positions liable for military service, including doctors and special services.

Submission of the established package of documents with the appropriate rank (reserve officer) at the reception point, employees can select a suitable list of vacancies. Citizens preliminarily determine the regions of interest in Russia, so moving to another region is not always required. It is mandatory to conduct a consultation conversation with a future employee, who must understand the features of returning to service or employment. Compliance with the qualifications and title of the employee becomes mandatory, therefore, to special requirements refer to the appropriate level of professional training.

How are reserve officers trained in military departments?

Universities offer special courses for the training of reserve officers. The corresponding courses can only be taken at military departments that have received state permission from the Ministry of Defense of the Russian Federation. For men, all specialties are available, for women - separate areas. For maximum efficiency, in any case, regular military training is organized, which allows you to acquire not only theoretical, but also practical knowledge.

Reserve officer may be reinstated

Every military citizen of the Russian Federation can serve successfully with the possibility of further return to military service. The same applies to reserve officers. For a successful and quick return to military service, you need to know how to do it right.

Ways to reinstate military service for reserve officers:

  • appear at the military registration and enlistment office and submit a report on the resumption of service in the ranks Russian Army in the position of interest;
  • litigation for reinstatement. This option has a minimum level of productivity. However, the method is suitable for illegal dismissals.

Most of the time, reinstatement becomes an easy task that just needs to be approached in the right way given the circumstances.

COMPOSITION OF THE MILITARY RESERVE

Reserve and retired military personnel

Serve what you have to lose..

Article 112timing

1. Persons who missed the procedural period established by federal law for reasons recognized by the court as valid, the missed period may be restored.

See previous edition

2. An application for the restoration of a missed procedural term shall be submitted to the court in which the procedural action was to be performed and considered in a court session. Unless otherwise provided by this Code, the persons participating in the case are notified of the time and place of the court session, but their failure to appear is not an obstacle to resolving the issue posed to the court.

3. Simultaneously with the filing of an application for the restoration of the missed procedural period, the necessary procedural action must be performed (a complaint is filed, documents are submitted), in respect of which the period has been missed.

See previous edition

4. Application for the restoration of the missed procedural deadline for filing a cassation complaint, presentation, respectively, to the presidium of the supreme court of the republic, the regional court, the court of the city of federal significance, the court of the autonomous region, the court autonomous region, the district (naval) military court, established by the second part of Article 376 of this Code, is filed with the court that considered the case in the first instance.

Missed procedural deadline for filing a cassation complaint, presentation to the Judicial Collegium Supreme Court of the Russian Federation, established by the second part of Article 376 of this Code, and the missed procedural time limit, established respectively by the second part of Article 391.2 and the second part of Article 391.11 of this Code, may be restored by a judge of the Supreme Court of the Russian Federation.

The missed procedural time limit, established respectively by part two of Article 376, part two of Article 391.2 and part two of Article 391.11 of this Code, can be restored only in exceptional cases when the court recognizes valid reasons for missing it due to circumstances that objectively exclude the possibility of filing a cassation or supervisory appeal in the established period (serious illness of the person filing the complaint, his helpless state, etc.), and these circumstances took place within a period not later than one year from the date of entry into force of the appealed court decision.

The Eastern Military District is recruiting reserve officers for military service

See previous edition

5. A court ruling on the restoration or refusal to restore the missed procedural term may be appealed.

RESERVE OF THE ARMED FORCES OF THE RUSSIAN FEDERATION

The ranks (categories) of the reserve of those liable for military service are indicated in the military ID of a citizen transferred to the reserve. According to article 51.2 federal law"ABOUT military service and military service" for the mobilization deployment of the Armed Forces of the Russian Federation, other troops, military formations and bodies, a reserve of the Armed Forces of the Russian Federation, a reserve of the Foreign Intelligence Service of the Russian Federation, a reserve of the Federal Security Service of the Russian Federation are created, which are intended to staff formations, military units of the Armed Forces of the Russian Federation, other troops, military formations and bodies, as well as special formations during the period of mobilization, bringing them to combat readiness and in war time. The reserve is subdivided into mobilization manpower reserve and mobilization manpower. The mobilization manpower reserve includes citizens who are in the reserve and have entered into an established contract on staying in the mobilization manpower reserve. The mobilization human resource consists of citizens who are in the reserve and are not part of the reserve. The mobilization manpower reserves of the Armed Forces of the Russian Federation, other troops, military formations and bodies are created by the President of the Russian Federation on the proposal of the relevant federal executive body and are formed according to the territorial principle.

Recruitment process for a reserve officer

COMPOSITION OF THE MILITARY RESERVE

The reserve of the Armed Forces of the Russian Federation is created from among the citizens of:

  1. dismissed from military service with enrollment in the reserve of the Armed Forces of the Russian Federation;
  2. successfully completed training at military departments at federal state educational organizations higher education by programs military training reserve officers, military training programs for sergeants, foremen of the reserve or military training programs for soldiers, reserve sailors and graduates of these educational organizations;
  3. those who have not completed military service due to exemption from conscription for military service;
  4. those who have not completed military service in connection with the granting of deferrals from conscription for military service or the cancellation by the conscription commission of a constituent entity of the Russian Federation of the decision of a lower conscription commission upon reaching the age of 27 years;
  5. not subject to conscription for military service upon reaching the age of 27 years;
  6. those who have not completed military service by conscription, without legal grounds, in accordance with the conclusion of the conscription commission upon reaching the age of 27 years;
  7. dismissed from military service without military registration and subsequently put on military registration in military commissariats;
  8. who have completed alternative civilian service;
  9. females with a military specialty.

The reserve of the Foreign Intelligence Service of the Russian Federation and the reserve of the Federal Security Service of the Russian Federation are created in the manner determined by this Federal Law, other federal laws and other regulatory legal acts Russian Federation.

A citizen who has successfully completed training under the military training program for reserve officers at the military department at the federal state educational organization higher education, upon enrollment in the reserve, the Minister of Defense of the Russian Federation assigns the military rank of officer.

A citizen who has successfully completed his studies at the military department at the federal state educational organization of higher education under the military training program for sergeants, foremen of the reserve, when enrolled in the reserve, the military commissar assigns the military rank of sergeant or foreman.

A citizen who has successfully completed his studies at the military department at the federal state educational organization of higher education under the military training program for soldiers, sailors of the reserve, when enrolled in the reserve, the military commissar assigns the military rank of private or sailor.

A citizen who has not completed military service due to exemption from conscription for military service or the granting of a deferment, as well as a citizen deprived of military rank by court decision, simultaneously with enrollment in the reserve by a military commissar or an official of another body that carries out military registration, is assigned a military rank of private or sailor.

A citizen in the reserve undergoes a medical examination to determine his category of fitness for military service in accordance with the Schedule of Diseases.

Citizens serving in the internal affairs bodies, the State Fire Service, institutions and bodies of the penitentiary system, customs bodies of the Russian Federation in the positions of ordinary (junior) and commanding personnel, the military registration specialty is established by the Minister of Defense of the Russian Federation in agreement with the heads of these bodies and institutions.

CITIZENS STAYING IN THE RESERVE ARE SUBDICATED INTO THE FOLLOWING CATS OF THE RESERVE:

Female citizens who are in the reserve belong to the third category: those who have military ranks of officers remain in the reserve until they reach the age of 50, and the rest - until they reach the age of 45. A citizen who is in the reserve and has reached the age limit for being in the reserve or who is recognized as unfit for military service for health reasons in accordance with the procedure established by the Federal Law "On Military Duty and Military Service" is transferred by the military commissariat or other body that maintains military records into retirement and removed from the military register.

Conscription of reserve officers for military service - is it legal?

Tibet 13-04-2005 18:07

Good day, dear participants of the forums! I want to read your opinion, preferably reasoned, on the following points of the question.

Conscription of reserve officers for military service - is it legal?

1 The reserve officer is in the reserve. In accordance with paragraph 4 of article 12 of the Law of the Russian Federation "On Defense" and paragraph 20 of article 2 of the Law of the Russian Federation "On mobilization training and mobilization in the Russian Federation", the reserve is created to replenish the Armed Forces of the Russian Federation for mobilization and in wartime. That is, the call of reserve officers to Peaceful time Is this a violation of the law?

2 When called up, an officer goes to serve under a contract, and according to the law, a contract is a voluntary matter. It turns out that the officer has the right not to sign it?

3 Contract service is, as I understand it, work. But according to the Constitution, a citizen has the right to free choice of profession and type of activity. How does this compare with the requirements of military commissars to sign contracts?

4 Often, when calling up officers, there is a reference to the order of the Minister of Defense to call up a specific person. In accordance with Article 14 of the Law "On Defense", the competence of the Minister of Defense does not include the conscription of citizens for military service. In accordance with paragraph 1 of Article 32 of the Federal Law "On Military Duty and Military Service", the Ministry of Defense has the right to conclude only contracts for military service. Does that mean it's illegal?

5 met in judicial practice cases of the illegality of conscription of reserve officers in peacetime? What are the chances of winning such a case?

Thank you all in advance for your reply.

Vovan Lawer 14-04-2005 08:56

Colleague, as a rule, there is a call for military service of cadets of higher military institutions, who are simply not issued diplomas of higher military education until they sign a contract with the Minister of Defense.
I have never encountered the call of officers already enrolled in the reserve, describe the situation in more detail.

Vsevolod 14-04-2005 09:01

Well, if you mean people like me - jackets after the military department, then what can I say ... They call and are very active. Including sent on business trips to fraternal Chechnya. In general, everything is like a whole life.

——————
Guys let's be friends!

Tibet 14-04-2005 17:08

The call of reserve officers enrolled in the reserve after graduating from military departments. Does it make sense to sue the military registration and enlistment office, relying on the illegality of the very fact of calling a reserve officer?

Vovan Lawer 14-04-2005 17:23quote:Originally posted by Tibet:
The call of reserve officers enrolled in the reserve after graduating from military departments. Does it make sense to sue the military registration and enlistment office, relying on the illegality of the very fact of calling a reserve officer?

Of course it's worth it.

The ranks of the reserve conscripts.

A reserve officer who has not completed active military service can be called up until the age of 27, that is, on a general basis. But the call should also be carried out on a general basis, and not with the procedural violations indicated by you at the beginning of this message.
Naturally, it is not worth suing if a contract is signed with the Ministry of Defense. Because in this case, everything is regulated by this very contract.

Tibet 14-04-2005 19:36

The contract with the Ministry of Defense was signed.
But I found the following on the Internet: "Opponents from military registration and enlistment offices usually justify the legitimacy of conscripting graduates of military departments by the fact that when concluding a contract with the RF Ministry of Defense on military training under the training program for reserve officers, the citizen gave an obligation to serve as an officer for two years by decree of the President of the Russian Federation, and therefore he has the right to be called up for military service. However, the citizen nevertheless gave the obligation to serve two years, not by any decree of the President of the country, but only by a motivated one."
That is, the emphasis is on the fact that the very fact of calling up reserve officers is illegal. Therefore, I would like to hear reasoned opinions on this matter.

SBZ 14-04-2005 23:39

Tibet
Look at the Law on military duty and military service, it describes the procedure for conscripting reserve officers who graduated from the military departments of civilian universities

Vsevolod 15-04-2005 05:09quote:Originally posted by SBZ:
Tibet
Look at the Law on military duty and military service, it describes the procedure for conscripting reserve officers who graduated from the military departments of civilian universities

Gee! Even the school military instructor made us this law, not only to teach, but to take notes. The basics of conscription legislation ...

——————
Guys let's be friends!

SBZ 15-04-2005 17:38

Vsevolod
"Gee! This law, even a school military instructor, forced us not only to learn - to take notes."
did the right thing

Cyril 82 06-05-2005 18:01

No one pulls anyone to the military department. Enough nurses dissolve, about: we are fluffy and in the army. If you are fit for military service, then you don’t have to go to the military commissar, if you don’t want to, anyway, there is a deferment from the army for the duration of your studies. Moreover, after graduating from high school, you go as a simple soldier for only a year, and as an officer for two. If you want to get two stars on your shoulder and not serve in the army, then this is another topic. In this case, buy yourself a camouflage and four stars with shoulder straps, and go show off. Or do you have a different goal - an excuse from the army, because earlier reserve officers were usually not taken into the army, but remember that officers have less excuses for health reasons than if they went into the army as a simple soldier. I understand that the current state of the army is not a fountain, people see what a dermocratic society we have and know that they will face all the problems of society in a concentrated form during service. I hope it's real weak people refuse to serve in the army through bribes and other excuses from the army; tens and hundreds, and they will give a worthy rebuff).

Surenam 11-05-2005 18:03

Male citizens enrolled in the reserve with the assignment of the military rank of officer, called up for military service, have the status of military personnel undergoing military service under a contract.
IN standard form the contract states that the citizen "voluntarily gives obligations ...".
IMHO: When calling up reserve officers from among those who graduated from universities, in most cases one should write "gives obligations under the pressure of force majeure circumstances" or "gives obligations in fulfilling a recklessly concluded contract."

SBZ 12-05-2005 18:21

Surenam
"IMHO: When calling up reserve officers from among those who graduated from universities, in most cases it would be necessary to write "gives obligations under the pressure of force majeure circumstances" or "gives obligations in fulfilling a recklessly concluded contract."
no one forces you to study at the military department and sign a contract with the Moscow Region

Army and reserve officers

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Author: house (—.riss-telecom.ru)
Date: long time ago

I am a jacket.
After graduating from the institute, he worked for a year and a half at a design institute, then he thundered for two years in the railway troops. First, as a platoon commander, then for "exemplary" service, he was taken away from the personnel to the headquarters, as an engineer-surveyor.
I won’t say that I got awesome benefits from the army, but I won’t say that I spent these two years in vain. If it were not for the army, I would not have become a leader, I would not have been able to manage people as now.
When I served (1989-1991), young career officers who had just graduated from military schools almost immediately filed reports for dismissal. There was no one to serve. In our company there was only a company commander, a political officer and one platoon commander (I), there were not enough deputy commanders and two platoon officers.
Now, I don't know. As he quit, he was never even attracted to the training camp.

Toyota Mark II, 1998
Honda Civic, 1996

From experience. Personal. (Not from the papers)!
1. With a "ptzhzhak" "across the river" I went more than once (I'm a special forces signalman, according to the first VUS, but it was a long time ago).
He graduated from our NETI. Walked, ran, swam ... like everyone else. But he repaired radio equipment ... Song! Everywhere, in any conditions! No words ... Special! (I was a sergeant then). Respect for the man! We met after the demobilization, I myself came to the OFFICER, but ... we got lost ... Life ...

Reserve officers up to what age are called up?

There was another "jacket", thieves ... I will not write anything. Probably in a different way it is more useful to someone, or still brings something!
Hope…

3. Three cases in my personal life, during the period of my officerhood.

My younger friends in physical education:
... D. Mish, officer, I don’t know how to trade, there is no work, help, I want to serve! ....
(These are jackets). And all three of them went on release into obligatory service, without desire. They served and wanted to return.
I just know the guys and their families well!
Everyone is serving. All men are happy! Despite periodic business trips to an area with a difficult operational situation!
And they are satisfied. They are accepted in the circle of regular officers. Deeds! The officers became real!

So I don't think it's possible to generalize. In each case, everything is different.
Someone will pay taxes, someone thinks that he should serve!

There is nothing worse in our life to serve something! Service, imprisonment, duty ... But, in any case, "departure", a man is checked for a "man"! No matter how much those who have not experienced this talentedly and humanitarianly whistled about anything!

What about "barracks"? They give invaluable experience, to be a man! It's worth it! You can't buy this for any money. There, a lot becomes transparent: empty chatterboxes, peacocks, and real people - everything becomes visible, as if in the palm of your hand! Deeds done and words spoken.

Sincerely, to the majority of readers!

Author: Trofim (Krasnodar) (—.tander.ru)
Date: long time ago

I am a jacket, I recently served in the Caucasus on conscription for the prescribed period.

Not a fountain, especially after a citizen and a decent salary.
When he came, the salary was 2200 with rations (2001)
and before that it was even worse, the patches were not paid for several months,
lived on rations (they gave out food).

Regular officers were dumped in batches, to the Czech Republic or transferred to
warm places (all for grandmas). While I served there, THREE changed !!! brigade commander, they will receive a general and dump them in a warm place (for example, the military commissar of a certain region).

With such an attitude of PERSONNEL officers to the service, you don’t feel any particular desire to serve, like I’m here by mistake for two years, you just have to pull the strap ... the attitude of the cadre officers is condescending, like you’re only fit to fly in outfits in two days (sometimes less often), because e. barrel plug. There is a catastrophic shortage of officers, you plow from 8 to 20, there is also a barracks position and much more ...
They urgently began to fill the ranks of junior officers with jackets, i.e. for 1 personnel approximately 3.5 pidges.
Several times there were training grounds, it is impossible to look at the equipment without tears, it has long worked out its resource, the authorities force them to repair it at their own expense, because. if you hand it over to the Rembat, then they will immediately take it apart for spare parts and you will get it back, and then they will hang all this on you, so EVERYTHING is repaired according to the principle - not caught, not a thief.
And so is the whole team.
Although there was a lot of cool, of course, you can command, but THIS IS NOT A FIGHTABLE ARMY - IMHO

And about the fact that half a year on business trips and the second highest, then
for a pidge it's 1 in 1000, it's just AWESOME luck 🙁

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According to the decree of the President of the Russian Federation, the Ministry of Defense has drawn up several basic approaches to the process of selecting contract military personnel.

The selection of personnel is carried out on the basis of a clear step-by-step system for searching for the necessary candidates for service; the training of future officers, as a rule, is carried out in special higher educational institutions. Traditionally, service as a contract officer correlates with his starting qualification and always implies the potential for further professional growth.

search technology

The procedure for selecting applicants for contract service contains three main sequential phases:

  • preliminary;
  • starting;
  • toughened.

During the selection of officers, stationary and mobile points are involved, as well as directly military units, military commissariats.

initial stage

During the preliminary selection, the following tasks are solved:

  • the military-professional orientation of the candidate is carried out;
  • the applicant for contract service undergoes a medical examination;
  • the personal data of a Russian citizen are being studied;
  • psychological testing is carried out.

A candidate can also be tested independently on the website of the Russian Ministry of Defense. After that, the officials conduct a personal conversation with the applicant for enrollment in the list of contract employees within the stationary or mobile application acceptance point.

The results obtained at this stage are sent to military authorities for further analysis.

Tougher selection

All candidates who have passed the first two stages of selection can proceed to the advanced stage.

The procedure for the restoration to the service of reserve officers

It includes the following components:

  • assessment of the citizen's trustworthiness;
  • in-depth medical examination;
  • additional psychological and physical testing;
  • formal procedures - a personal file of an applicant for service is formed, if necessary, a contract officer receives access to relevant information that has the status of a state secret.

After the applicant is deemed fit to pass contract service, he is sent to pre-training. After that, he signs the corresponding agreement and becomes a full member of the Armed Forces of the Russian Federation.

Service order

The day when the agreement (contract) enters into force is considered to be the beginning of the service of a military officer. The conclusion of the first contract is allowed to citizens of Russia, whose age ranges from 18 to 35 years.

Contract employees are entitled to annual leave, the duration of which, depending on subjective circumstances, varies from 30 to 45 calendar days.

The duration of military service is regulated by the conditions specified in the contract, respectively, when the contract expires, the officer has the right to issue a dismissal.

A serviceman under a contract may be dismissed early due to the following circumstances:

  • reduction of his position (if he does not agree to issue an official transfer to another workplace);
  • during the liquidation of the military unit where he serves;
  • in connection with various organizational and staff activities;
  • when the soldier was declared unfit to continue service for health reasons.

If desired, the officer, upon the expiration of the contract, can conclude a new contract and continue serving for a specified period of time.

Deadlines for conscription

Unlike citizens who are not in the reserve and do not have an officer's rank, the conscription of reserve officers is not determined by strict time frames and the inevitability of conscription of all 100% of reserve officers who have no grounds for release or for deferment from conscription for military service.

The call for military service of reserve officers is carried out within the time limits established by the President of the Russian Federation (clause 2, article 25 of the Federal Law "On military duty and military service"). Currently, the call-up of reserve officers for military service is carried out on the basis of the Decree of the President of the Russian Federation "On the call-up of reserve officers for military service in 2000-2005" dated April 10, 2000 N 660. According to subpara. "a", paragraph 1 of this Decree, annually up to 15 thousand citizens are called up for military service who have graduated from state, municipal or state-accredited non-state educational institutions of higher education in the relevant areas of training (specialties). vocational education enrolled in the reserve with the assignment of the military rank of an officer and not entitled to exemption or deferment from conscription for military service, including up to 5 thousand citizens - immediately after graduation from these educational institutions, in military registration or civilian specialties related to the corresponding military - accounting specialties, according to the plan developed annually by the Ministry of Defense of the Russian Federation.

Thus, the decisive factor in the call for military service of reserve officers in a particular military registration and enlistment office is the assignment for the call of reserve officers, which the military commissar receives.

Annual plans for the call-up of reserve officers by service of the Armed Forces, branches of service, main and central departments of the Ministry of Defense of the Russian Federation, military districts and other federal executive bodies, based on their applications, are developed by the Main Directorate of Personnel of the Ministry of Defense of the Russian Federation.

Brings to the military commissariats of the constituent entities of the Russian Federation the assignment to call up reserve officers in military registration specialties and distributes the candidates selected for the call from among the reserve officers according to the received assignment for the call to the personnel department of the military district.

Stages and types of conscription for military service of reserve officers

According to paragraph 2 of Art. 26 of the Federal Law "On Military Duty and Military Service", the conscription of reserve officers includes three stages:

In addition, the specifics of conscription for military service of reserve officers is that such a conscription can be implemented:

Conscription for military service immediately after graduating from universities;

Conscription for military service at another time, according to the plan for the implementation of the assignment for conscription.

Medical examination of reserve officers

Medical examination of reserve officers when they are called up for military service is carried out in accordance with the Regulations on the military medical examination (approved by Decree of the Government of the Russian Federation of February 25, 2003 N 123) and Art. 205-215 Instructions on the procedure for conducting a military medical examination in the Armed Forces of the Russian Federation, approved by order of the Minister of Defense of the Russian Federation "On the procedure for conducting a military medical examination in the Armed Forces of the Russian Federation" dated August 20, 2003 N 200.

Examination of reserve officers is carried out by order of the military commissar of the district by the military medical commission of the military commissariat of the district. The conclusions of the military medical commission are recorded in the book of minutes of the meetings of the military medical commission and, in addition:

In relation to persons recognized as fit for military service, fit for military service with minor restrictions - to the medical examination card of a citizen in reserve;

In relation to persons declared unfit for military service - in a certificate of illness, which is sent for approval to the regular military medical commission of the military district;

In relation to persons recognized as partially fit for military service, temporarily unfit for military service, a medical examination card of a citizen in reserve is filled out, which is sent for approval to the regular military medical commission of the military commissariat of the constituent entity of the Russian Federation.

Reserve officers called up for military service (if there is an order of the Minister of Defense of the Russian Federation on conscription for military service), but not yet sent to the place of service and who have filed complaints about their state of health, are sent by the military commissar for examination to the garrison or hospital military medical commissions.

Question: I am a reserve officer, I have a disease that, according to column 1 of the Schedule of Diseases, "pulls" for category "B". And according to this column, citizens are examined when they are called up for military service. Can I qualify for an exemption from conscription for health reasons?

Answer: According to sub. 15 p. 84 of the Instructions on the procedure for conducting a military medical examination in the Armed Forces of the Russian Federation, approved by order of the Minister of Defense of the Russian Federation of August 20, 2003 N 200, you, as a reserve officer, will be examined in another column, in column III of the Schedule of diseases. The criteria for determining the eligibility category for different columns do not match, and your eligibility for exemption from conscription for military service will be known only after the doctors determine your eligibility for military service.

Conscription for military service of reserve officers immediately after graduation

The head of the military department at the university, after receiving the assignment to call up citizens from among the students who have been trained under the training program for reserve officers who graduate from the university, conducts a preliminary selection of candidates for conscription for military service. Lists are compiled for the selected candidates, which are sent to the military commissariat of the district at the location educational institution. Citizens who do not have the right to deferment are subject to selection.

The military commissioner of the district at the location of the educational institution of the citizens indicated in the list sends for a medical examination in order to determine the category of fitness for military service. Citizens are subject to medical examination as reserve officers.

The military commissar of the district, in relation to citizens who do not have the right to deferment from conscription for military service, makes a decision on their conscription for military service.

For citizens selected by the military commissar of the district for conscription for military service, the head of the military department draws up the necessary documents (draft material) and sends them to the military commissariat of the constituent entity of the Russian Federation. The list of documents is determined by the personnel departments of the military districts. After verification of the submitted documents by the military commissar of the subject of the Russian Federation, they are sent to the personnel department of the military districts in the prescribed manner.

The personnel department of the military district distributes the received documents for reserve officers in accordance with the order of the Main Personnel Directorate according to the types of Armed Forces, types of troops, main and central departments of the Ministry of Defense of the Russian Federation and federal executive bodies, in which, according to the decree of the President of the Russian Federation, reserve officers are called up ; compiles personal lists, which are approved by the commander of the troops of the military district and, together with service cards, are sent to the appropriate personnel bodies.

Directorates (departments) of personnel of branches of the Armed Forces, branches of service, main and central offices The Ministries of Defense of the Russian Federation prepare four copies of draft orders of the Minister of Defense of the Russian Federation on the conscription of reserve officers for military service and, after the first copies of these projects are approved by the respective commanders-in-chief (chiefs), submit all copies to the Main Personnel Directorate. At the same time, draft orders for the conscription of reserve officers - graduates of universities, together with service cards, must be submitted 2 months before graduation.

Directorates (departments) of personnel of branches of the Armed Forces, branches of service, main and central directorates of the Ministry of Defense of the Russian Federation extracts from the orders of the Minister of Defense of the Russian Federation on the conscription of reserve officers for military service are sent no later than 7 days after receiving orders to the personnel departments of military districts and military commissariats of the constituent entities of the Russian Federation, indicating the conditional names of military units and the points of their deployment, where these officers are to be sent, as well as to the personnel bodies of military districts, fleets, armies, flotillas, associations and formations, at the disposal of which the officers called up for military service are enlisted.

The military commissariats of the subjects of the Russian Federation extracts from the orders of the Minister of Defense of the Russian Federation on the conscription of reserve officers for military service must be brought to the attention of subordinate military commissariats: for reserve officers from among university graduates - no later than 15 days before graduation, and for other reserve officers - in within 5 days after receipt of extracts from orders.

Heads of military departments of universities, together with invited representatives of the heads of administrations of districts, cities and military commissariats, orders of the Minister of Defense of the Russian Federation to call up reserve officers - graduates of universities for military service are announced in a solemn atmosphere.

A reserve officer called up for military service immediately after graduation must arrive at the military commissariat of the district no later than 3 days after graduation to receive a vacation ticket and an order to leave for the place of service.

If within a month after graduation from an educational institution a citizen who received an extract from the order of the Minister of Defense of the Russian Federation is not seconded to the place of military service for various reasons, his personal file with an extract from the order on his conscription is sent within 5 days to the military commissariat of the district at the place of residence of the officer. This officer is seconded to the place of military service by the military commissar of the district at his place of residence in the prescribed manner.

These officers who are not seconded within a month after graduating from higher educational institutions to the place of service without a good reason, lose the right to receive leave before being seconded to the place of service.

Such good reasons are:

Being on treatment, serious health condition or death (death) close relative a reserve officer called up for military service (spouse, father (mother), father (mother) spouse, son (daughter), sibling (sister) or a person who was raised by a reserve officer);

fire or something disaster that befell the family or close relative of a reserve officer.

Reserve officers called up for military service are issued two copies of the order to leave for the place of military service at the military commissariat of the district. The commander of the military unit sends the second copy with a mark on the arrival of the called-up officer to the military commissariat of the district, which seconded him.

The considered order of conscription for military service of reserve officers immediately after graduation contains a number of controversial positions.

Subparagraph "b" of paragraph 1 of Art. 22 of the Federal Law "On military duty and military service" defines legal facts, in the presence of which, along with age parameters, a citizen falls into a specific category - the category of citizens subject to conscription for military service:

Graduation from a state, municipal or state-accredited program in the relevant areas of training (specialties) of a non-state educational institution higher professional education;

Enrollment in the reserve with the assignment of the military rank of officer.

These legal facts must take place before the start of conscription for military service. This is evidenced by other legislative norms. A citizen who has successfully completed his studies at the military department of a university can receive the military rank of lieutenant only after graduating from an educational institution (subparagraph "b", paragraph 2, article 21 of the Regulation on the procedure for military service (approved by Decree of the President of the Russian Federation of September 16, 1999 No. N 1237).

As mentioned above, the call for military service of a reserve officer includes three stages:

Appearance for a medical examination;

Appearance to the military commissar to make a decision on conscription for military service;

Appearance at the military registration and enlistment office and obtaining an order for departure to the place of military service.

Thus, conscription for military service, or rather, the first of the indicated measures of conscription for military service - an appearance for a medical examination, should take place only after the citizen graduates from the university and enrolls him in the reserve with the assignment of the military rank of officer.

Really this condition defined by law is not respected. Military conscription activities are beginning to be carried out in relation to students who are not included in the category of citizens subject to military conscription. Two of the three stages of conscription for military service (a medical examination and the adoption by the military commissar of a decision on conscription for military service) are carried out in relation to students who have not graduated from the university and are not enrolled in the reserve with the assignment of the military rank of officer.

According to p.p. 26 and 27 of the Instructions for the preparation and conduct of activities related to the conscription of citizens of the Russian Federation enlisted in the reserve with the assignment of the military rank of officer (Appendix N 2 to the order of the Minister of Defense of the Russian Federation of September 6, 1999 N 400), even before dispatch by the head of the military department required documents(conscription material) to the military commissariat of the constituent entity of the Russian Federation, students undergo a medical examination as reserve officers. In the same period, the military commissar of the district at the location of the educational institution, in relation to citizens who do not have the right to deferment from conscription for military service, makes a decision on their conscription for military service.

In connection with the foregoing, there is a need to bring some of the provisions of the said order of the Minister of Defense of the Russian Federation into line with legislative norms.

Conscription of reserve officers for military service at other times, according to the plan for the implementation of the assignment for conscription

A reserve officer who is not called up for military service immediately after graduation is called to the military registration and enlistment office after receiving an extract from the order of the Minister of Defense of the Russian Federation with a summons of the established form. This order must be communicated to the reserve officer within 5 days after the receipt by the military enlistment office of an extract from the order.

The reserve officer is called to the military registration and enlistment office as necessary, determined by the annual assignment for the call of reserve officers for military service.

After receiving the assignment to call up reserve officers, the military commissar of the district and the head of the 3rd branch of the military commissariat assess the availability and quality characteristics of reserve officers to be called up, and the possibility of completing the task. Accounting documents are selected for reserve officers subject to conscription.

In order to conduct targeted work on selected candidates for conscription, a list of reserve officers to be called up for military service is drawn up, based on the assignment for conscription. IN this list includes all reserve officers who have military specialties specified in the draft assignment, as well as those with a civilian specialty related to the military specialty for which the draft assignment was received.

Reserve officers who have the right to deferment (release) and who are not subject to conscription this year for various reasons are included in the list of reserve officers under the age of 27 who are entitled to exemption and deferment from conscription.

On the reserve officers selected for military service, personal files are selected for preliminary study. Reserve officers are identified who are or have been brought to criminal or administrative liability, are under investigation, are registered in tuberculosis, psychiatric, dermatovenerological, narcological dispensaries, as well as those entitled to exemption and deferment from conscription for military service.

The military commissar during the conversation studies Family status, health status and other issues affecting the decision to call for military service. The results of the conversation are reflected in the study sheet of the candidate for the call. With regard to the reserve officer, one of the following decisions is made:

On conscription for military service;

On granting a deferment from conscription for military service;

On exemption from conscription for military service;

On exemption from military duty.

The decision of the military commissar in relation to the reserve officer is recorded in the study sheet, which is signed by the military commissar, certified by the official seal and filed in the personal file of the reserve officer, and also entered in the book of decisions of the military commissar on conscription of reserve officers for military service.

If a decision is made to call up a specific reserve officer for military service, he is given two copies of the order to leave for the place of military service.

Questions:

1. I am a reserve officer. In February of this year, they were called to the military registration and enlistment office (supposedly for registration). After a personal conversation, the head of the department for work with reserve officers said that in June I would definitely be called up. Is this oral statement considered a decision of the draft board on conscription? If not, what should that solution look like? IN this moment there is an order from the Minister of Defense and they are trying to hand me a summons. Should my name be on this order? Or does it just say how many people to summon? Until what date can a reserve officer be called up (until June 30, as a soldier, or all year round)?

2. I am graduating from a university, passed the department, and an order from the Minister of Defense for conscription comes out in relation to me. But I have the right to deferral (in my case - for work). What happens in this case? Is the order for my conscription completely canceled, or will it "hang" over me, and I will be called in case my deferment runs out? At the military registration and enlistment office they say something like: as soon as an order comes to them, I will have to write a report on the cancellation of the order, or something like that. Please explain exactly what is happening and how it is technically done.

Answer: The algorithm for the selection and conscription of a reserve officer is defined in Ch. III Instructions (Appendix N 2 to the order of the Minister of Defense of the Russian Federation of September 6, 1999 N 400). The decision of the military commissar in relation to the reserve officer is not only announced to him orally, but also recorded in the study sheet, which is signed by the military commissar, certified by the official seal and filed in the personal file of the reserve officer, and also entered in the book of decisions of the military commissar on conscription of reserve officers for military service . If desired, the citizen in respect of whom the decision was made, he is given a copy of this decision (clause 6, article 28 of the Federal Law "On military duty and military service").

The orders of the Minister of Defense of the Russian Federation, by which reserve officers are awarded the officer rank, contain the surnames, first names, patronymics of specific citizens who have been awarded the military rank of officer. The orders do not contain instructions that these citizens who have been awarded an officer's rank are subject to conscription in a specific period of time, for example, in July of such and such a year. Such orders also contain a norm, determined by law, that these citizens are subject to conscription for military service in accordance with applicable law. The current legislation also provides for the granting of a delay. If, on the day the military commissar makes a decision regarding a particular reserve officer, this officer presents him with documents confirming the right to a deferment from conscription, the military commissar will be obliged to grant him a deferral.

There is no strictly defined period of conscription for military service of reserve officers during the year. Decree of the President of the Russian Federation dated April 10, 2000 N 660 determined only total up to 15 thousand reserve officers subject to conscription for military service annually. The expiration of the deferment from conscription does not yet mean that a reserve officer will definitely be called up for military service. In such cases, everything will be determined by the plan for calling up reserve officers, which the military commissar has at that time and which is drawn up at the General Staff for each year based on the needs of the Ministry of Defense of the Russian Federation for officers of specific specialties.

Question: How, after all, should graduates of military departments with the assigned officer ranks serve? It is very difficult to get an unambiguous answer to this question in the Federal Law "On Military Duty and Military Service" (in some places one thing is said, in others it is completely different). By conscription, by contract (on a voluntary basis), according to presidential decrees, by decision of military commissars?

Answer: The federal law "On military duty and military service" establishes only two options for citizens to perform military service in Russia: by conscription and in voluntary(by contract). This is determined by paragraph 2 of Art. 2 of this Law.

According to sub. "b" paragraph 1 of Art. 22 of this Law, graduates of military departments who have been awarded an officer rank, aged 18 to 27 years, are included in the category of persons who are subject to conscription for military service (regardless of their desire). Need, i.e. the specific number of reserve officers who must be called up for military service during the year is currently determined by the Decree of the President of the Russian Federation "On the call of reserve officers for military service in 2000-2005" dated April 10, 2000 N 660 - annually up to 15 thousand .

The decision to call up a particular reserve officer for military service is made by the military commissar (clause 1, article 28 of the above-mentioned Law).

In the event of illegal dismissal from military service of a serviceman before he acquires the right to a pension for long service or without providing him with housing, he, on the basis of paragraph 2 of Art. 23 of the Federal Law "On the Status of Servicemen" is subject to reinstatement in the service in the previous (or with his consent - equal or not lower) position with compensation for all losses incurred and compensation for non-pecuniary damage.

At the same time, the recognition of a serviceman as unfit for military service for health reasons or the achievement of the age limit for military service cannot serve as an obstacle to making such a decision.

In that case when dismissal of a serviceman who served under a contract , produced on legal grounds, but violated the procedure for dismissal of a serviceman established by the Regulations on the procedure for military service, a decision should be made not to reinstate the serviceman in military service, but only to cancel the order to exclude this person from the lists of personnel of the military unit, to restore directly violated rights and damages.

At the same time, the period during which the violated rights were restored is subject to inclusion in the term of military service by imposing on the corresponding official the obligation to change the date of exclusion of the serviceman from the lists of personnel of the military unit.

If the serviceman himself does not raise the issue of this restoration, a decision is made only to eliminate the committed violation.

The full restoration of the violated rights of a serviceman dismissed from military service without making a calculation involves restoring him in the lists of personnel of the unit until the moment of payment of all amounts due.

How to recover after dismissal due to organizational and staff activities (OSHM)?

In connection with the reform carried out in the Armed Forces in last years, many military personnel were dismissed ahead of schedule, before the expiration of their contracts, in connection with organizational and staff activities (OSHM).

Dismissal by OSHM occurs in cases where:

1. There is a reduction in the position held and there is no possibility of appointment to a similar one;

2. The military rank is reduced according to the position held;

3. The period of being at the disposal of the command of the unit has expired, etc.

To be reinstated in the army after dismissal under this article, there should be no obstacles - you must contact the military registration and enlistment office, go through a commission and perform other actions similar to concluding a new contract.

However, it must be remembered that upon dismissal by OSHM, a serviceman is entitled to certain guarantees and benefits. If they were not provided, or the dismissal was committed with violations and it will be possible to prove this in court, the serviceman is subject to mandatory reinstatement in the service with payment of compensation for the entire period of illegal dismissal.

Recovery for breach of contract

There is a common misconception that dismissal for violation of the terms of the contract is possible only if there is a certain number of penalties and reprimands. However, any violation of the charter or legal requirements may be regarded as NUS and serve as a reason for dismissal. In essence, NUS dismissal is a disciplinary measure, and the commander has the right (but not the obligation) to apply this measure at his discretion.

If it so happened that a serviceman was dismissed from the army in connection with the NUS, it will be quite problematic for him to be reinstated in the service, since this wording is very extensive and can mean both minor violations of service and serious offenses. To restore, you must go to court, where you will have to prove the illegality of the dismissal. If you do not agree with the decision of the court, you can file cassation complaints with higher authorities.

Sometimes dismissal in connection with NUK is confused with dismissal due to service inconsistency, however, the latter is a fundamentally different basis for excluding a serviceman from the lists of personnel of the unit. In order to determine the service discrepancy of a serviceman, his official certification is carried out, the serviceman must be informed of the decision of the certification commission, which is recorded by his signature.

In case of disagreement with the decision, you can not sign the official conclusion of the commission and contact the military prosecutor's office. It will be quite problematic to recover after dismissal for non-compliance, so it is better not to allow exclusion from the lists on this basis.

Is it possible to recover after being fired for health reasons?

Sometimes the question arises of how to reinstate in the army after dismissal due to limited fitness for health reasons. If, after undergoing a course of treatment and improving his health, a soldier wants to return to the army, he needs to contact the military hospital at the place of military registration in order to conduct a re-commission. It is not recommended to involve independent licensed medical institutions in this case.