The Federal Law “On Military Duty and Military Service" allows a citizen to conclude a contract with the Ministry of Defense, which provides for military service and the procedure for its passage. This document comes into force immediately after its signing and ceases to be effective from the moment the military men conclude another similar contract, as well as its exclusion from the lists of the military unit. The relations of the parties related to the performance of the contract service are regulated by special laws, regulations, as well as regulatory and legislative state legal acts.
Contract: required information
The document includes the following points:
-
voluntary entry into military service;
- an indication of the term of service;
- conscientious fulfillment of the terms of the contract, as well as all general, official and special duties;
- observance of the rights of the soldier and his family, receiving compensation and social guarantees.
Some difficulties are caused by the legal nature of the contract under which contract service is carried out, since participants in military-service relations, which are also of a property nature, for example, providing cash and other types of allowances, are not subject to civil law, including civil liability. Based on this, it can be concluded that in this case, the parties who entered into such a contract cannot be sanctioned as if they violate a civil law contract.
Regarding labor relations, the leadership of the federal executive body, which provides for military service, has the right to independently indicate the specific duties and rights of the soldier, due to the specifics of performing military service in a certain territory.
Differences between contract and employment contract
1. The normative basis of an employment contract is the Labor 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 conclusion of the contract is limited to the age of 18 to 40 years.
3. The contract is concluded strictly for a specified period.
4. An employment contract provides for stricter requirements for persons voluntarily entering the military service. First of all, a citizen must meet the professional psychological and medical requirements for certain military specialties, he must have a sufficient level of education, as well as good physical fitness.
From all of the above, we can conclude that the military contract is not part of the employment contract. This is a special agreement that has an administrative and legal basis with a clear indication of the mutual rights and obligations of participants.
Types of contracts
Upon initial admission, an initial contract is drawn up, which is concluded with a citizen who had not previously been in the state forces in contract service. There is a special provision on contract service, on the basis of which new agreements are concluded with the military. The reason for this may be the expiration of the old contract, the transfer of a soldier from the federal executive body to the Ministry of Defense, as well as the temporary suspension of military service.
In addition, contract service in the army can be regulated by short-term contracts that are concluded to perform special one-time tasks during emergency situations, such as large-scale natural disasters, holding special state events, restoring security, peace and constitutional order in the country, and much more. Of particular note are contracts that are concluded with servicemen who have reached the age limit and who wish to continue to be in service. These can be both original contracts and new ones.
If military personnel undergo training at military educational institutions of vocational, secondary or higher education, post-graduate studies or doctoral studies, the contract service is concluded with them for the entire duration of the training, as well as for 5 years after its completion. Such contracts may be primary and new.
Dates of military contracts
The contract service has a specific period during which the military must clearly fulfill all the obligations specified in the contract. After the time specified in the contract expires, and also in the absence of reasons for its further extension, the contractor must be dismissed and on the same day removed from the lists of the personnel of the indicated military unit.
For the first time, the contract is:
- with a soldier undergoing draft military service, or with a citizen who enters a military position providing for the rank of sailor, soldier, sergeant or foreman for a period of 3 years;
- with a citizen of another state who enters a military position with the rank of sailor, soldier, sergeant or foreman for a period of 5 years;
- with a serviceman or citizen applying for the position of midshipman, ensign or officer for a period of 5 years;
- with a serviceman who receives higher military education (for the entire period of training and for 5 years after its completion, while the general regulation of contract service can reach 10 years);
- with a citizen who has undergone special training in the higher military center and enters the post of officer for a period of 3 or 5 years;
- the first contract may be concluded for a shorter period with a member of the conscripted service, provided that the total duration of his stay in the troops is 3 or 5 years.
Conditions of a contract
The main conditions include the following:
1) a citizen is obliged to remain in military service for the period established by the contract;
2) the military personnel must strictly observe the job description of the contract service, which is regulated by legislative and other regulatory documents;
3) a soldier has the right to benefits, guarantees and compensations, as well as the observance of rights (of his and his family members);
4) the specifics of military service are carefully prescribed in the contract and include the terms, the procedure for the assignment and removal of military ranks, as well as the movement and promotion of a soldier on the career ladder. Contract service in the army is considered to be ended on the day the contract expires.
Early termination of the contract
Early termination of the contract is possible in the following cases:
- significant or systematic violations;
- failure to comply with the terms of the contract;
- organizational and staffing activities;
- transition to service in the Ministry of Internal Affairs and other executive bodies;
- for health;
- for family reasons;
- the need for constant care for relatives who need it for health reasons;
- caring for a minor child who is raised without another parent;
- empowerment of a serviceman with the authority of a senior public official;
- obtaining a deputy mandate;
- court conviction.
Requirements for applicants for contract service
A citizen who enters into contract military service must communicate freely in the state language, and also meet certain requirements. A medical examination of applicants is carried out in accordance with the “Regulation on military medical examination”, on the basis of which a conclusion is issued on the suitability of a given citizen for military service. Professional-psychological selection is carried out by specialists who make a conclusion on the suitability of a citizen for military service. These requirements are established by the heads of federal executive bodies or the Minister of Defense. An order for contract service can be drawn up only after all the necessary procedures and activities have been carried out, on the basis of which a positive decision is made on this candidate.
Reasons for refusing to enter the contract service
There are several main reasons:
- lack of vacant posts that correspond to the specialty and preparation of the candidate;
- negative decision based on the results of competitive selection;
- non-compliance with requirements;
- conviction, serving a sentence, unexpunged or outstanding conviction;
- court decision depriving the right to hold a military post.
It should be noted that any citizen who was refused to sign a contract on contract service has the right to appeal this decision to a higher authority, prosecutor's office or court.
Application for contract service
The following information must be indicated in the application:
- Name of citizen, date of birth and place of residence;
- name of the body with which it is supposed to conclude an agreement;
- estimated life.
In addition to the application, it is necessary to present an identity document and confirming citizenship, as well as a completed and signed special application form, an autobiography written in any form, certified copies of the work book and documents confirming a particular education. In addition, marriage and birth certificates (if any) are required.
Contractual material support for military personnel
1. Monetary allowance and additional payments for seniority, qualifications, work with classified materials, special conditions of service, fulfillment of risk-related tasks, special achievements, qualification level of information and physical training, as well as annual financial assistance in the amount of one salary.
2. Annual compensation of travel on both sides for the servicemen of the Far North.
3. Food, clothing and housing.
4. Personal insurance.
5. Social guarantees in the field of education.
6. Payment of lifting allowance when moving to a new duty station.
7. Social benefits for tasks in emergency situations and during armed conflicts.
8. Payment of a lump sum upon dismissal from service.
9. Conducting free diagnosis and treatment.
10. Free prosthetics.
11. Provision of essential drugs.
Contract service 44-FZ
The regulation on the establishment of the Federal Contract Service entered into force from the beginning of 2014. This law defines the mechanisms for creating such a service. The main directions of reforming the public procurement system are personnel changes: the creation of a contract service by a customer, the appointment of a contract manager and procurement control commissions. Each contract service employee must have a professional or higher education in procurement, which will allow him to fulfill his duties in a quality manner.
What is a contract service for? The purpose of this innovation is to responsibly and professionally implement the entire procurement cycle, from its planning to the achievement of a specific result. The customer himself must take care of creating the contract service, he also has the right to approve the structure of this unit and its number.
The regulatory framework governing the activities of the contract service of a budget institution
- Constitution.
- Federal Law No. 44-FZ.
- Civil law.
- Budget legislation.
- Other regulatory legal documents.
Procedure
The full procurement cycle includes:
- planning;
- determination of the supplier, contractor and contractor;
- conclusion of an agreement;
- fulfillment of the terms of the contract;
- claim work.
The provision on the contract service offers three models of its organization: with a structural unit, without it or the appointment of a single
contract manager. According to Law No. 44-FZ, the contract service must be created by customers with an annual procurement volume of more than 100 million rubles. If such a unit is not formed, the responsibility of the customer is the appointment of a contract manager - an official who will be responsible for the implementation of each contract and the procurement.
The provision on the contract service, the sample of which contains clear step-by-step instructions, allows to achieve maximum efficiency in the performance by the parties of their obligations under a specific contract. This law promotes the transparency of trade relations between the customer, intermediary and contractor.