53-FZ "On military duty and military service." Duration of military service for military personnel serving on conscription or under contract

Today, the Russian military are respected and respected by most of the world community. Effective organization and constant updating of the army system ensure the recruiting of new recruits not only from among conscripts obliged to carry out military service, but also soldiers of contract soldiers.

FZ 53 on military duty and military service

Legislative rationale for military service

Service in the ranks of the Russian army is the sacred duty of any young man. The concept of military service is defined as a form of public service, a special type of military duties performed by citizens of the Russian Federation, as well as by foreign persons.

The fundamental document, including with regard to military service, is the Constitution of the Russian Federation, declaring its duty to the Fatherland. The norms and rules of the organization of the Russian army are regulated by Federal Law 53 “On Military Duty and Military Service”, the regulation on the procedure for military service, and other federal acts.

Types of service

Service can be carried out on the basis of a general appeal (mandatory), as well as in a voluntary form. The period of military service for military personnel serving on conscription or under contract has its own differences and features.

For soldiers, sailors, sergeants, foremen, and officers, service is possible both on a general basis and on the basis of a contract. The military, serving only by contract, include midshipmen, warrant officers. The top military leadership has no right to work in the army on contractual terms. The term of military service in the Russian Federation depends not only on the type of military duties, but also on many other circumstances.

military service reform

Age of draftees

A conscript is a citizen who has reached a certain age, necessary for sending him into the ranks of soldiers.

The age sufficient for sending male citizens to the army is regulated in article 22 of Federal Law 53. Male persons from 18 years old and up to 27 years old are called up for military service in the Russian army. After a man turns 27, he is no longer a conscript.

Female persons in Russia are not called up for compulsory military service. In the army, girls can only serve on a voluntary basis.

Young men assigned to military service must meet the following requirements:

  • must be registered with the military registration and enlistment office;
  • do not stay in stock;
  • not exempt from military duty.

At the same time, the state can at any time (with significant need) call in the service of those who are in the reserve of the Armed Forces of the Russian Federation.

Dates of the draft company

Organization of the call is an important and responsible event. Military duty in the Russian Federation is implemented in accordance with the Order of the President of the Russian Federation. The procedure is carried out within the time prescribed by law. The call is organized twice a year:

  • from the beginning of spring (from April to July);
  • in the autumn-winter period (from October to December inclusive).

Depending on the federal district of Russia, the timing of the draft may differ and be set at the discretion of the military leadership of the region. In the Far North and other areas equivalent to it, the period of mobilization of conscripts has been significantly reduced.

During the spring campaign, residents of the regions where sowing is underway are exempted from conscription for this time. During the autumn events for the areas involved in harvesting and involved in the harvesting of the fields, the draft time is postponed to the end of October and until the end of the calendar year.

military service in the Russian Federation

The procedure for enlistment in military service

A serious commission is created to implement the draft company, headed by a representative of the regional administration and a military commissioner. In addition, the commission includes a medical expert, a representative of the internal affairs bodies, a delegate from the education department, an authorized representative of the employment service department, and a secretary.

Following the meeting, for each candidate one of the following conclusions is adopted:

  • conscription;
  • distribution to alternative service in the civil field;
  • deferral of conscription;
  • full exemption from military service (from conscription);
  • crediting to stock.

What period of conscription military service will be assigned to a soldier enlisted in the military, is determined in accordance with the law.

Reasons for exemption

The procedure for the release of a candidate from the army is justified by the following reasons:

  1. Based on the conclusion of the medical commission that decides on the suitability of young people for military service.
  2. On the basis of the order, according to which the soldier has already served in the military or alternative unit and resigned in accordance with the established terms.
  3. Based on a document on military service in a foreign country.

In addition, other weighty arguments in favor of exempting a citizen from military draft are appropriate. Among these circumstances include: the presence of a potential soldier of a scientific degree, outstanding conviction, for example. Also, you can not call the arrested or staying in places of detention.

Relatives of the heroes of Russia (sons, brothers) who died during the performance of their duties are also exempted from military service.

military duty in the Russian Federation

Deferral conditions

By law, there are situations in which a certain extension of the period of military service is possible. To get a respite, it is important that certain conditions are met:

  • the candidate’s status is “temporarily unfit” for service (release up to 12 months);
  • fulfilling the duties of looking after and caring for the elderly or sick relatives;
  • the implementation of educational functions as a guardian for children under 18 years of age;
  • subject to the sole upbringing of a small child (single father);
  • the presence of two or more minor children at the time of the call (including taking into account the long gestation period of the wife with the second baby);
  • raising a disabled child up to 3 years old;
  • work in the specialty in power structures, fire organization, in the customs service;
  • conducting electoral activities to receive state or municipal posts;
  • passing training in an educational institution (upon receipt of secondary education - a delay of about 20 years); deferment of study, as a rule, is given only once;
  • finding at the time of mobilization of recruits outside the territory of Russia.

Contracted military service

Voluntary service involves military duty under a contract. Under the terms of the agreement, a citizen agrees to serve in the agreed military unit for a specified period. The written agreement comes into force from the moment of its conclusion and is canceled on the last day of the indicated period of military service. The contract with the serviceman, at his request, may be extended or a new one concluded.

Service under the contract does not involve passing a draft committee. However, for military personnel who wish to join the Armed Forces of the Russian Federation under a contract, certain requirements are imposed:

  • a soldier must be a native speaker of the state language;
  • comply with medical indicators for health reasons;
  • own professional, personal qualities for the chosen military sphere;
  • have a certain level of education;
  • have good physical fitness.

Candidates for military service on a contract basis are approved by the commission of the military commissariat. All controversial issues and conclusions on the applicants are carried out in strict accordance with the legislative norms of the Russian Federation.

Article 38 fz 53

Women in military service

The fair sex is not subject to a general appeal. However, the girl can serve in the army on the basis of a contract.

Among the girls applying for service in the Armed Forces of the Russian Federation, as well as among men, the selection is carried out. In the ranks of the Russian army can get women who meet the following criteria:

  • the girl must be of legal age, the age limit is 40 years;
  • have a higher, secondary special or secondary education (depending on the position for which he is applying);
  • to have physical health;
  • pass a test for psychological stability;
  • pass all required standards.

The Russian Ministry of Defense has developed a special list of duties for women that they can fulfill under the contract.

girls in the army

Regulation of terms of military service

How to determine the expected life? The duration of military service is carried out within the framework strictly established by law, including Federal Law 53 “On Military Duty and Military Service”.

In the history of Russia, the period of service in the army has changed many times, either in the direction of increasing the duration, then in the direction of shortening the terms. In the beginning of the 90s, they were called up for service for a year and a half. Later terms were increased. And until 2007, the period for a draftee was 2 years.

After the reform of the term of military service, those liable for military service were able to serve much less. For persons of military age and for volunteering citizens, the period of mandatory stay in the armed forces will be different.

The period of military service

It is worth recalling once again what the terms are regulated. Currently, the timing of the military duties of citizens is approved in Art. 38 FZ 53. Duration of service is determined by various conditions and circumstances:

  • for persons without an officer rank and called up to duty before 01.01.2007, duration - 24 months;
  • for those citizens who were called up after January 1 and through December 31, 2007 - 18 months.

Citizens going to the Armed Forces of the Russian Federation after 01/01/2008 should only serve 12 months.

The term of compulsory military service is currently one year. For citizens serving on a voluntary basis, the period depends on the conditions specified in the contract.

The beginning of service in the army is counted from the moment of assignment to the conscript of the rank of private. For servicemen who are in the rank - the day of signing the order to be sent to the appropriate unit. Contractors begin to incur duties from the moment specified in the contract.

The termination of service occurs at the time the deadlines established by the framework of the law. The date is postponed in exceptional cases: due to a soldier being treated in a hospital, while performing duties on the territory of a foreign country, being held captive, declared missing, etc.

duration of military service for military personnel who are in military service by conscription or contract

Dates of Contractors

In the legislation, there are differences in terms between the contracting parties who first entered into the contract and those who re-renegotiate or draw up new contracts.

For those who are first drawn up as a sergeant, foreman, sailor, under a contract, they will need to serve at least 2 years. At the conclusion of a new contract, the period of military service can be established as 3 years, and from 5 to 10 years.

The contract can also be executed with students of military educational and professional institutions, after which the contract can be extended for another 5 years.

For officers of the Russian army and citizens of foreign states (officers), the duration is longer - from 5 years. In this case, after the completion of the deadline, a foreign citizen is subject to dismissal.

With conscripts who have expressed a desire to work under the contract during emergency situations, including during an emergency, an agreement can be concluded for a period of up to a year (subject to the expiration of 11 months of mandatory military service).

Conditions for concluding a contract with military personnel

Not every soldier can count on contract work. To execute a contract, a number of conditions must be observed. Usually, with a soldier with whom a contract has already been concluded (in the absence of claims to his work), the contract is renewed again.

For draftees who wish to switch to a contract type of service, it is necessary to serve at least six months. Otherwise, registration under a contract of employment will not work (Article 38 of the Federal Law 53).

With the military in reserve, it is possible to conclude a voluntary agreement if they have a university diploma in military specialty. The same applies to citizens who have the higher professional education necessary for army work.

With persons who have reached the age limit of military service, a contract can be concluded for various terms from one year to ten years. A soldier with the maximum length of service is not required to enter into a new contract, and can go on a well-deserved rest by age.

Special circumstances when considering service life

Sometimes, due to certain circumstances, military personnel commit a number of unlawful acts, which include:

  • disciplinary offenses;
  • unauthorized excommunication from a military unit (more than 10 days).

For such acts, the offender shall be punished by arrest. The convicted person is sent to a disciplinary military unit to serve his time.

The period of stay in the correctional institution, as well as the time of absence from the unit without the permission of the military leadership (in a self-willed way) is not included in the military service (some cases are an exception).

Source: https://habr.com/ru/post/E15612/


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