The serviceman is at the disposal of the unit commander. Is it obligatory to go to shooting practice classes and perform exercises when available?

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My wife is a border guard serviceman. In August of this year, I was put on hold due to job cuts.

Question: is she (my wife), being at her disposal, obligated to go to shooting practice classes and perform exercises?

Lawyers' answers

Irina Nikolayevna(08/22/2013 at 23:44:15)

Good evening!

in accordance with Article 42 of the Federal Law "On military duty and military service”, a serviceman may perform military service in non-military positions if he is at the disposal of the commander in connection with the conduct of general combat operations for no more than 6 months.

The status of a military serviceman fully applies to persons at disposal, with the exception of the assignment of official duties to them. However, enlistment does not give the serviceman the right to ignore the service time regulations established in the military unit and the orders given by the commander; he remains entrusted with general and special duties of military personnel, for the failure of which he is responsible. The commander has the right to involve a military serviceman in order to participate in activities aimed at maintaining the military unit in combat readiness. That. Your spouse must take target practice classes.

Zhvakina Veronika Alekseevna(08/22/2013 at 19:11:47)

Hello, unfortunately there are no military lawyers on this forum. However, perhaps I can help you. Look at this article http://www.lawmix.ru/comm/3815/

It’s better for you to ask your question here: http://urist-help.com/index.php?topic=27.60. I hope I helped you at least a little. Good luck.

Zubkov Sergey Vasilievich(08/22/2013 at 19:29:08)

Dear Anonymous. In accordance with Article 42, Clause 4 of the Federal Law "On Military Duty and Military Service" dated March 28, 1998 No. 53-FZ, a military serviceman may perform military service outside of positions if he is at the disposal of the commander in connection with organizational and staffing measures. As you can see, while in service, the status of a military serviceman is preserved. According to the Charter of the Internal Service of the Armed Forces of the Russian Federation, approved by the Decree of the President of the Russian Federation of November 10, 2007, the general duties of a military serviceman include:

to be faithful to the Military Oath, to selflessly serve one’s people, courageously, skillfully, not sparing one’s blood and life itself, to defend the Russian Federation, to fulfill one’s military duty, to endure hardships with fortitude military service;

strictly comply with the Constitution and laws Russian Federation, fulfill the requirements of military regulations;

constantly acquire military professional knowledge, improve your training and military skills;

be honest, disciplined, brave, and show reasonable initiative when performing military duty;

unquestioningly obey commanders (superiors) and protect them in battle, protect the Battle Banner of the military unit;

to value military camaraderie, not sparing one’s life, to rescue comrades from danger, to help them in word and deed, to respect the honor and dignity of everyone, to avoid rudeness and bullying towards oneself and other military personnel, to restrain them from unworthy acts;

observe the rules of military politeness, behavior and performance of military greetings, always be in uniform, clean and neatly dressed;

be vigilant, strictly maintain military and state secrets.

Based on the analysis of responsibilities, we can definitely say: yes, I am obliged. Shooting and other exercises (eg obstacle course) are not job duties.

Good luck and respect to the military. Sergey. My answer is your feedback.

Vladimir Ivanovich(08/22/2013 at 19:37:39)

Good evening!

Issues of military service are regulated by the following regulations - 1) Federal Law "On Military Duty and Military Service"; 2) Regulations on the procedure for military service, approved by Decree of the President of the Russian Federation of September 16, 1999 N 1237.

In accordance with these regulations, military personnel enlisted have a different from the general legal status, which is as follows. 1. Military personnel enrolled in the command are not subject to job responsibilities provided for by general military regulations and regulations. Wherein, current legislature does not contain a direct prohibition on the involvement of military personnel assigned to the order to perform special duties (involvement in combat duty (combat service), assignment to daily subsistence and garrison detachments, involvement in liquidation of the consequences of natural disasters and in other emergency circumstances). 2. Military personnel enlisted at the disposal of commanders (superiors) are not responsible for offenses related to failure to perform or improper performance of official duties, since military personnel enlisted at the disposal do not hold military positions and are not assigned official duties, they cannot be held accountable for failure to perform or improper performance of official duties. 3. For military personnel enlisted, a procedure for providing monetary allowances is established that differs from the general procedure.

Thus, if your wife, a military serviceman, who is at disposal due to a subsequent reduction in her position, refuses to go to shooting practice, liability cannot be applied to her because on this moment it is not subject to military regulations.

Article 36. Peculiarities of service when reducing positions in internal affairs bodies. Enrollment of an employee of internal affairs bodies at the disposal of a federal body executive power in the field of internal affairs, its territorial body or division

1. When positions are reduced in internal affairs bodies, legal relations with the employee of internal affairs bodies filling the reduced position continue in the following cases:

(as edited by the Federal

(see text in previous editors)

(as edited by the Federal Law of July 2, 2013 N 185-FZ)

(see text in previous editors)

2. When reorganizing the federal executive body in the field of internal affairs, its territorial body or subdivision, or changing their structure, legal relations with an employee of the internal affairs bodies holding a position in the federal executive body in the field of internal affairs, its territorial body or subdivision may be terminated in case of reduction of positions in internal affairs bodies.

3. Upon abolition (liquidation) of a territorial body of the federal executive body in the field of internal affairs or a unit, legal relations with an employee of the internal affairs bodies holding a position in the territorial body of the federal executive body in the field of internal affairs or unit may be continued in the following cases:

1) providing the employee, taking into account his level of qualifications, education and length of service in the internal affairs bodies (length of service) or length of service (experience) in his specialty, the opportunity to fill another position in the internal affairs bodies;

(as edited by the Federal Law of July 2, 2013 N 185-FZ)

(see text in previous editors)

2) sending an employee to training in additional professional programs.

(as edited by the Federal Law of July 2, 2013 N 185-FZ)

(see text in previous editors)

4. An employee of internal affairs bodies, in case of refusal of another position offered to him for filling in internal affairs bodies, or from being sent for training in additional professional programs, is relieved of the position being filled and dismissed from service in internal affairs bodies. In this case, the contract with the employee is terminated in accordance withclause 11 of part 2 of article 82

(as edited by the Federal Law of July 2, 2013 N 185-FZ)

(see text in previous editors)

5. In case of abolition (liquidation) of a territorial body of the federal executive body in the field of internal affairs or a division or reduction of positions in internal affairs bodies, the head of the federal executive body in the field of internal affairs or an authorized head notifies the writing employee of the internal affairs bodies about the upcoming dismissal from service in the internal affairs bodies no later than two months before his dismissal.

6. Within the period specified in parts 5 of this article, the federal executive body in the field of internal affairs, its territorial body, division may conduct an extraordinary certification of employees of internal affairs bodies in accordance with Article 33 present Federal Law. Based on the results of the extraordinary certification, employees may be offered other positions for replacement through transfer.

7. The preferential right to fill a position in the internal affairs bodies, other things being equal, is granted to an employee of the internal affairs bodies who has more than good results professional activity, qualifications, level of education, longer duration length of service (length of service) in internal affairs bodies or length of service (experience) in the specialty, or for an employee admitted to government secret on an ongoing basis.

(as edited by the Federal Law of July 2, 2013 N 185-FZ)

(see text in previous editors)

8. The head of the federal executive body in the field of internal affairs or an authorized head, at the request of an employee of the internal affairs bodies, expressed in writing, has the right to terminate the contract with him and dismiss him from service in the internal affairs bodies before the expiration of the notice period established part 5 of this article.

9. To resolve the issue of the conditions for further service by an employee of the internal affairs bodies in the internal affairs bodies or on its termination, the President of the Russian Federation, the head of the federal executive body in the field of internal affairs or an authorized head may release the employee from the position he is filling in the internal affairs bodies. An employee released from the position being replaced may be placed at the disposal of the federal executive body in the field of internal affairs, its territorial body or division. At the same time, the legal status (status) and guarantees established by this Federal Law are preserved social protection employee and legal relations related to service in internal affairs bodies, with the exception of the employee’s performance of duties and vesting him with rights that are established by the job regulations (job description).

10. The placement of an employee of the internal affairs bodies at the disposal of the federal executive body in the field of internal affairs, its territorial body or division is allowed in following cases:

1) abolition (liquidation) of a territorial body of a federal executive body in the field of internal affairs or a division or reduction of a position filled by an employee in internal affairs bodies;

2) release of an employee from the position being filled in the internal affairs bodies in connection with transfer to another position in the internal affairs bodies;

3) carrying out the procedure for dismissing an employee from service in internal affairs bodies;

4) termination of the employee’s suspension of service in the internal affairs bodies;

5) sending an employee in accordance withpart 3 of article 65 of this Federal Law for medical examination (examination);

6) failure by an employee to fulfill more than four months in a total of twelve months of official duties due to temporary disability (except for cases where the legislation of the Russian Federation provides for more long terms the employee is undergoing treatment, including in connection with an injury or other damage to health (disease) received while performing his official duties);

7) sending an employee on a business trip for a period of more than one year, including abroad (including sending an employee to participate in activities to maintain or restore international peace and safety), and the period of employment at the end of the business trip, provided forclause 5 of part 11 this article;

(see text in previous editors)

8) reinstatement of the employee who previously held this position;

10.1. An employee of the internal affairs bodies sent on a business trip for a period of more than one year, including abroad (including sending an employee to participate in activities to maintain or restore international peace and security), and who has expressed a desire to continue serving in the internal affairs bodies after the end of the trip specified in paragraph 7 of part 10 of this article, at his request, a previously filled position in the internal affairs bodies is provided, and in its absence, another equivalent position at the previous one or, with his consent, at another place of service.

11. An employee of internal affairs bodies may be at the disposal of the federal executive body in the field of internal affairs, its territorial body or unit for next term:

2) during the period necessary for the transfer of cases by position, but not more than one month - in the case provided forclause 2 of part 10 this article;

3) during the period necessary to complete medical examination(examinations), but not more than two months - in the case provided forclause 5 of part 10 this article;

4) during a period of temporary disability, but not more than one year - in the case provided forclause 6 of part 10 this article;

6) during parental leave until the child reaches the age of three years and the period necessary for employment, but not more than two months after the end of said leave - in the case provided forclause 1 of part 10 of this article.

12. An employee of the internal affairs bodies, enlisted at the disposal of the federal executive body in the field of internal affairs, its territorial body or division, before being appointed to another position in the internal affairs bodies or dismissed from service in the internal affairs bodies, carries out instructions from the head of the federal executive body in sphere of internal affairs or an authorized manager or official duties for a previously filled position.

13. An employee of internal affairs bodies assigned to the federal executive body in the field of internal affairs, its territorial body or division is subject to the duty time regime established by this Federal by law

14. Incentive measures may be applied to an employee of the internal affairs bodies, enlisted at the disposal of the federal executive body in the field of internal affairs, its territorial body or division, and may be subject to disciplinary action provided for by this Federal by law

15. The time spent by an employee of the internal affairs bodies at the disposal of the federal executive body in the field of internal affairs, its territorial body or division is counted in calendar calculations in the length of service (length of service) in the internal affairs bodies, in the length of service for the assignment of a special rank.

16. Monetary allowance an employee of internal affairs bodies during the period of being at the disposal of the federal executive body in the field of internal affairs, its territorial body or division is paid in ok provided for by the legislation of the Russian Federation.

17. The period of stay of an employee of internal affairs bodies at the disposal of the federal executive body in the field of internal affairs, its territorial body or division does not count periods of temporary incapacity for work and being on vacation provided for by this Federal Law.

18. The head of the federal executive body in the field of internal affairs or an authorized manager, within the period established for an employee of the internal affairs bodies to be at the disposal of the federal executive body in the field of internal affairs, its territorial body or division, after notifying the employee of the reduction or possible termination contract and dismissal from service in the internal affairs bodies decides the issue of transferring the employee to another position in the internal affairs bodies in accordance with Article 30 of this Federal Law or on termination of a contract with him in accordance with Article 82 of this Federal Law.

19. The placement of an employee of the internal affairs bodies at the disposal of the federal executive body in the field of internal affairs, its territorial body or division is formalized by order of the head of the federal executive body in the field of internal affairs or an authorized head.

20. Order the placement of an employee of internal affairs bodies at the disposal of the federal executive body in the field of internal affairs, its territorial body or subdivision and the procedure for placing the employee at the disposal of the federal executive body in the field of internal affairs, its territorial body or subdivision are established by the federal executive body in the field of internal affairs .

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The responsibilities of a serviceman in military service and at his disposal (behind the staff) are a “dark forest” that one can study for a very long time, but never realize anything. In today's article we will try to analyze the main responsibilities of a military man, what he has rights to and what he does not. Let us also pay attention to the laws that state this, as well as their application in practice.

Responsibilities of a military man in service and at his disposal

Initially, you need divide responsibilities into three different categories , which imply the specifics of responsibilities and their importance:

General responsibilities;
Job responsibilities;
Special duties.

Take a good look on the order in which the responsibilities are arranged. By reading the article, you will understand why they are spelled out this way and not otherwise.

1. Only the commander can give orders to a soldier .

This means that the closest direct commander has the right to assign a military man to guard duty, to daily duty, and to assign tasks.

2. After a serviceman is removed from the staff, his official duties are automatically removed.

General duties remain in effect until the military man is removed from the unit’s lists.
Special duties are assigned as needed. That is, you can be assigned to combat duty, daily duty or garrison duty when required. The number of special duties is regulated by the commander. For each military man it varies, based on combat and physical training fighter, as well as his qualities and characteristics.

3. Starting from the first day of enrollment, payments for work with information stop.

When joining daily or garrison duties, a military man undertakes to work with documents that are state secrets. A military officer does not have the right to work with such documents, so he may be removed from the special duties mentioned above.

4. A military man on duty does not have the right to join the unit.

Usually those military personnel who, in military position, are not lower than the company commander or are equal to the commander, join the outfit. Based on this, it can be noted that the serviceman who is at the disposal does not have a position, accordingly, he cannot join the outfit.

5. Lack of rights to join the guard.

A military man at his disposal does not have the right to take over guard duty, because usually at such a crucial moment one of the officers with a subordinate unit takes over the post. Also, a serviceman does not have the right to own a weapon (we will write about this below), and when stepping up to stand guard, a weapon is required.

6. Mandatory surrender of weapons at the command of the commander.

Commander in mandatory gives the command to military personnel (behind the staff) to hand over weapons to the warehouse. It is forbidden to step into someone else's arms with someone else's weapon, as this may be illegal and there may be harmful consequences when shooting from a weapon that registered to another military man.
Also, we have already mentioned above that special duties are rarely assigned to military personnel, since they do not have a position, and therefore do not have the right to join the outfit.

7. It is imperative to strictly observe the Constitution of the Russian Federation and the laws of the Russian Federation, the requirements of general military regulations, unquestioningly carry out the orders of commanders and follow all recommendations and instructions from higher officials.

8. Follow all instructions and maintain discipline without violating the rights of other military personnel.

9. Follow a daily routine , which will be entered into a certain school period.

The daily routine includes:

1. Timely construction;
2. Lunch;
3. Planned departure from military service.

Also, this point can be called compliance with wartime, which is regulated by the commander.

10. Mandatory daily attendance at work.

According to the Disciplinary Charter of the Armed Forces of the Russian Federation, Appendix No. 7, clause 1, gross violation of regulations includes absence from duty, military or officer, for more than four hours, the appointed time for conducting daily services. Many manage to reduce the time spent on duty to a minimum and appear only for the morning formation and after lunch. For some companies this rule works, but if every serviceman does this, then no one will fulfill their duties, and accordingly, no one will work either.
Therefore, we strongly do not recommend “leaking” from service and trying to deceive the commander and more senior officials. Now this is punishable, as this is a violation of the Disciplinary Charter of the RF Armed Forces, Appendix No. 7, paragraph 1.

11. A serviceman at his disposal is obliged to appear for duty at the allotted time and not violate the “ten” rule.

Probably, many military personnel know what the “ten” rule is, which haunts many.
The "ten" rule means that a military man does not have the right not to appear for service for more than ten days without important reasons justifying his absence. He may refer to the fact that he has health problems or some family circumstances. But! Even if this is true, and not the usual reluctance to work, then confirmation of the words is necessary. That is, the serviceman must notify the commander that he is ill, but upon arrival for duty, he must provide a certificate from a doctor, which will confirm the fact that the serviceman actually had an illness.
This is reminiscent of the doctor's note many of us brought to school after long absence. only, if at school - this was the norm, then in military service for a person who was absent from work for more than ten days, a criminal case may be opened .
Let's discuss the fact How will the punishment be expressed?

1) Restriction on military service for a term of up to two years, or detention in a disciplinary military unit for a term of up to two years, or imprisonment for a term of up to three years;

2) Imprisonment for up to five years.

NOTE! The only thing that can save a serviceman is ignorance of this point and committing absenteeism for a period of ten to thirty days for the first time and due to existing circumstances that have a good reason.

Punishment for failure to fulfill general duties

According to the Resolution of the Plenum Supreme Court RF No. 3 of April 3, 2008 “On the practice of courts considering criminal cases of evasion of conscription for military service and military or alternative civil service”, paragraph 13, if a military man serves poorly, appears once every ten days (right here refers to the game of "ten"), then he may be subject to liability and may face exclusion from military service for a certain period, indicated and agreed upon by the court and the commander. The term will depend on the severity of the serviceman's offense (beyond the state).
That is why you need to perform your duties flawlessly and not try to deceive anyone, despite the fact that officers and commanders are very busy, they primarily monitor how you carry out your general duties. Always remember that you must be responsible for all actions and words, and in the military world - bear criminal and legal liability!

Based on the foregoing, we can conclude that duties of a military personnel at disposal , not so scary, and somehow transcendental. Main activities of the military:

1. Come to the morning formation;
2. Show up for work after lunch;
3. Perform general duties (which include maintaining discipline, and this is morning formation, lunch and general duties).

As you can see, the circle is closing. If you ask: " What then is included in general responsibilities? ?”, then the answer will be: “Whatever the commander assigns.”
As they say: “Everything ingenious is simple!”

The most important thing is not to try to “dodge your responsibilities”; on the contrary, try to perform the tasks assigned to you efficiently and please the commander. In this way, you will be able to delay your dismissal from the RF Armed Forces and gain time.

You were placed at the disposal (for the staff) of the commander of the military unit. The question immediately arises, what duties should a soldier perform at his disposal (behind the staff). Do they have the right to assign him to a detail, send him on business trips, and in general, what he is obliged to do and what he is not required to do? No military legislation specifically states what duties a serviceman must perform at his disposal (behind the staff).

As it says wise saying: “Come back to earth if your brain is clouded and your heart is empty. Only by returning to the beginning can we see the path.” Therefore, let's begin to deal with this issue from the very beginning. According to Article 13, Clause 1 of Decree of the President of the Russian Federation No. 1237 of September 16, 1999 “Issues of military service” “Regulations on the procedure for military service”:

To resolve issues of further military service, military personnel undergoing military service under a contract can be placed at the disposal, as a rule, of the nearest direct commander (chief) who has the right to issue orders, an official who has the right to appoint to the military position that is filled by the specified military man .

It follows that only the commander of the military unit in which he is stationed (behind the staff) and no one else has the right to give orders to a military personnel. Questions immediately arise: what orders does he have the right to give to the military personnel at his disposal (behind the staff)? Can I put him on guard or as a brigade duty officer? Assign to perform duties for vacant position while she's free? What duties must I perform?

According to the Air Force of the Russian Federation, from the first day of service, a serviceman is required to perform general, official and special duties. After a serviceman is transferred to the command (for the staff) of the commander of a military unit, his official duties are automatically removed. That is, as a result, general and special responsibilities remain. General duties apply to the serviceman up to and including his removal from the unit’s lists. But the performance of special duties, which include combat duty (combat service), daily and garrison duties, etc. still a big question.

From the first day of enrollment, payments for work with information constituting state secrets cease. A serviceman serving in a military service other than in a military position cannot, in principle, be allowed access to information constituting a state secret. The access he has is suspended from the day of enlistment. As you know, serving on a daily basis, as a unit on duty, an assistant to a unit on duty, etc. involves working with documents containing information constituting state secrets. When certain commands are received, these individuals are required to open certain packets with one or two zeros. If a serviceman enlisted in the order is suspended, his permission to work with such documents is suspended. As a result, when a certain command is received, the specified packages of documents cannot be opened. Consequently, the failure of a combat mission, for which no one will be held responsible except the commander who gave the order to assign a serviceman to the detachment. And he definitely doesn’t need it.

Another very important point, which prohibits putting in the outfit. For example, the Garrison Duty Officer is appointed from among the officers of the military units of the garrison in a military position not lower than the commander of a company (battery) and their equals. From this it can be seen that only military personnel who are in a position not lower than that required for this outfit can be appointed to the outfit. In the Charter internal service The Armed Forces of the Russian Federation and the Charter of the garrison, commandant and guard services of the Armed Forces of the Russian Federation, this point affects some types of outfits. And since the serviceman is at his disposal, he does not have a position and, as a result, he cannot be assigned to a detachment!!! Military rank in in this case does not matter, but the position held matters, because it is written in black and white: “...appointed from among the officers in a military position not lower than such and such a position and equal to them.”

Regarding the issue of weapons to a military personnel at the disposal (depending on the state). Many officers are immediately given the command to hand over their weapons to the warehouse. And it is forbidden to enter the outfit with someone else’s weapon, because it must be officially and documented. If they give you something else, and it accidentally fires, or worse, you will have to use it to kill. Then the prosecutor’s office will come and figure out who it is assigned to, how it was maintained, etc., maybe it’s all rusted and shoots itself. Who wants to answer these questions in the place of the Coordination Committee. Yes, even if your pistol has not yet been handed over, then the commander will probably think many times before putting you in a squad with a weapon. You definitely won’t be put on guard, because this is a very responsible unit and an officer should only take over with his subordinate unit.

If all these arguments do not help you convince your commander not to put you on a detachment, and as a result you will tactically correctly maneuver from assignments or trips on a business trip, due to the fact that you are officially and documented ill or complained about your health and morale during a divorce. psychological instability. And the commander will try to deprive you of your EDV or bring your dismissal under the NUC, then there are 2 options. Or collect evidence base and go to court on this issue, or hold out until the moment when you are officially recognized as dismissed from the RF Armed Forces, due to the end of your term of service in accordance with Art. 13. clause 2 of Decree of the President of the Russian Federation No. 1237 of September 16, 1999 “Issues of military service” “Regulations on the procedure for military service”. In this case, a report on dismissal must already be written, for example, according to the OSHM, then they will not let you down for dismissal according to the NUC.

Regarding how a serviceman on duty (behind the staff) should come to military service. The general duties do not stipulate that a serviceman on duty (behind the staff) is obliged to come for military service. But, there is a big BUT... In Article 1. General duties of military personnel, paragraph 16 of the Internal Service Charter, it is written:

Strictly observe the Constitution of the Russian Federation and the laws of the Russian Federation, the requirements of general military regulations, unquestioningly carry out the orders of commanders (superiors);

Be disciplined...

Each training period, the unit commander issues an order to introduce duty time regulations, namely the daily routine, according to which military personnel are guided in their daily work activities, that is, at what time of day to come to formations, leave for lunch and from military service. It follows from this that, according to the first point, you are obliged to carry out the order of the unit commander and comply with the duty time regulations. And if you “hammer the bolt” on the formation, then the second point of this article comes into force, namely, according to the Disciplinary Charter of the Armed Forces of the Russian Federation, Appendix No. 7, paragraph 1 to the rough disciplinary offenses include the absence of a serviceman performing military service under a contract, or an officer performing military service by conscription, in a military unit or a place of military service established outside a military unit without good reason for more than four hours in a row during the established daily duty time. And for systematic violation of the daily routine, disciplinary punishments may be applied, in accordance with clauses 61, 67 and 68 of the Disciplinary Charter of the Armed Forces of the Russian Federation. That is, first they will reprimand, then severe reprimand, then a warning about incomplete official compliance, and then they can be fired according to the NUC. Therefore, it is better to come, first every day for formation in the morning and after lunch, then you can only come every day in the morning, then you begin to reduce this moment to a minimum. At first they will scold you, but then everyone will get used to it, and they will begin to forget, due to their own workload in military service, and now you will calmly come only on Mondays for formation. But if your commander follows the principle and wants you to be on the territory of the unit every day according to the daily routine, and you need to leave the territory of the military unit for personal reasons, then Military ingenuity will come to the rescue.

About the “game of ten”. If a contract soldier does not appear for duty for less than ten days, then a criminal case cannot be opened against him, because according to the Criminal Code Article 337:

3. Unauthorized abandonment of a unit or place of service, as well as failure to appear on time without good reason for service lasting more than ten days, but not more than one month, committed by a military serviceman undergoing military service by conscription or under a contract, is punishable by a restriction on military service for a period of time. up to two years, or detention in a disciplinary military unit for a term of up to two years, or imprisonment for a term of up to three years.

4. Acts provided for in part three of this article, lasting more than one month, are punishable by imprisonment for a term of up to five years.

Note. A serviceman who has committed the acts provided for in this article for the first time may be released from criminal liability if his unauthorized abandonment of the unit was the result of a combination of difficult circumstances.

The Criminal Code of the Russian Federation does not stipulate what kind of criminal punishment in connection with failure to report for service for less than 10 days by a contract soldier, which means that there is no criminal punishment for such an act. That is, only disciplinary punishments, which were described above, can be applied to a contract serviceman for absence from military service for less than ten days. But don’t be mistaken that if you just came to military unit once every ten days and walked along it, that means that’s it, “we played ten.” This was not the case, because this moment is not a fact of your performance of official duties. According to the Resolution of the Plenum of the Supreme Court of the Russian Federation No. 3 of April 3, 2008 “On the practice of courts considering criminal cases of evasion of conscription for military service and military or alternative civil service” paragraph. 13 in cases where a military serviceman illegally staying outside the unit (place of duty) temporarily appears at the location of the unit (place of duty) without the intention of beginning to perform the duties of military service and does not actually begin to perform them or is detained by authorities for committing another offense and when this hides from them the fact that he has the status of a military serviceman, or after notifying the command of his location, he does not carry out the orders given to him and thereby continues to evade the duties of military service, the period of unauthorized absence is not interrupted. Therefore, you need to come to the formation, defend it, listen to the complaints of the unit commander, plus show yourself as much as possible to your colleagues and former commanders, and that’s it, consider that you “played the mark.”

So, based on all of the above, the maximum that normal commanders will require of you is to come to the formation and perhaps be sent on a business trip that is not related to job responsibilities(for example, for young replenishment).

If you do not want to resign from the RF Armed Forces yet and your length of service in calendar terms is ten years or more, then you can delay your dismissal from the RF Armed Forces and play for time.