Law on military service. Federal law on conscription and military service
Type of document
Law
Host body
The State Duma Federal Assembly RF
Acceptance date
28.03.1998
06.03.1998
Number
53-FZ
Date in the Ministry of Justice
Number in the Ministry of Justice
Document's name
FEDERAL LAW of March 28, 1998 N 53-FZ
(as amended on 21.07.98)
"ON MILITARY DUTY AND MILITARY SERVICE"
(adopted by the State Duma of the Federal Assembly of the Russian Federation on March 6, 1998)
Publication source
This document has not been published in this form.
The original text of the document was published in editions
"Collection of Legislation of the Russian Federation", 30.03.98, N 13, art. 1475,
"Rossiyskaya Gazeta", N 63-64, 04/02/98.
Information about the publication of documents that create this edition
(link type "Given in the EDITION"), see the help for these documents.
Document note
RUSSIAN FEDERATION
THE FEDERAL LAW
ON MILITARY DUTY AND MILITARY SERVICE
(as amended by Federal Law No. 117-FZ of 21.07.98)
Real the federal law carries out legal regulation in the field military service and military service in order to implement citizens Russian Federation constitutional duty and obligation to defend the Fatherland.
Section I. GENERAL PROVISIONS
Article 1. Conscription
1. Conscription of citizens of the Russian Federation (hereinafter referred to as citizens) provides for:
military registration;
compulsory preparation for military service;
conscription;
military service by conscription;
stay in reserve;
call for military training and passing military training during the period of stay in the reserve.
2. During the period of mobilization, during the period of martial law and in wartime, the military duty of citizens is determined by federal constitutional laws, federal laws, other regulatory legal acts of the Russian Federation and also provides for:
conscription for military service on mobilization, during martial law and in wartime;
military service during the period of mobilization, during martial law and in wartime;
military training during martial law and in wartime.
3. Citizens are released from the performance of military duty only on the grounds provided for by this Federal Law.
4. Citizens have the right to fulfill their constitutional duty to defend the Fatherland by voluntarily entering military service in the manner prescribed by this Federal Law.
5. Citizens have the right to replace military service with alternative civilian service in accordance with the Constitution of the Russian Federation and federal law.
6. The fulfillment of military duty by citizens is ensured within their competence by state authorities, other state bodies and institutions, local self-government bodies, organizations, regardless of organizational - legal forms and forms of ownership (hereinafter referred to as organizations) and their officials.
7. Compensation for expenses incurred by organizations and citizens in connection with the implementation of this Federal Law shall be carried out at the expense of the federal budget in the manner determined by the Government of the Russian Federation.
Article 2. Military service. military personnel
1. Military service is a special type of federal public service performed by citizens in the Armed Forces of the Russian Federation, as well as in the border troops of the Federal Border Service of the Russian Federation, in internal troops Ministry of Internal Affairs of the Russian Federation, in the Railway Troops of the Russian Federation, troops federal agency government communications and information under the President of the Russian Federation, civil defense troops (hereinafter referred to as other troops), engineering and technical and road construction military formations under federal executive authorities (hereinafter referred to as military formations), the Service foreign intelligence of the Russian Federation, bodies of the Federal Security Service of the Russian Federation, bodies of the Federal Border Service of the Russian Federation, federal bodies of government communications and information, federal bodies state protection, the federal body for ensuring mobilization training of state authorities of the Russian Federation (hereinafter referred to as bodies) and special formations created for wartime.
2. Citizens do military service by conscription, as well as on a voluntary basis (under contract).
3. Citizens performing military service are military personnel and have a status established by federal law.
4. Information about military personnel is entered into their personal files and documents military registration, the maintenance and storage of which are carried out in the manner prescribed by legislative and other regulatory legal acts of the Russian Federation.
Article 3 Legal basis military duty and military service
The legal basis for military duty and military service is the Constitution of the Russian Federation, this Federal Law, other federal laws and other regulatory legal acts of the Russian Federation in the field of defense, conscription, military service and the status of military personnel, international treaties of the Russian Federation.
Article 4
1. Heads, other officials (employees) of organizations responsible for military registration work, officials of local self-government bodies responsible for military registration work are obliged to:
notify citizens about calls (summons) of military commissariats of districts, cities without district division, other municipal (administrative-territorial) formations (hereinafter referred to as military commissariats) or other bodies that carry out military registration;
provide citizens with the possibility of timely appearance on calls (summons) of military commissariats or other bodies that carry out military registration;
send, within two weeks, at the request of military commissariats or other bodies that carry out military registration, the information necessary for entering into military registration documents about citizens entering the military registration, being on the military registration, as well as not being, but obliged to be on the military registration.
2. The heads of organizations that operate residential premises, officials (employees) of these organizations responsible for military registration work, are obliged to report within two weeks to military commissariats or other bodies that carry out military registration, information about changes in the composition of citizens permanently residing or staying for more than three months, who are or are required to be registered with the military.
3. Bodies of internal affairs, within their competence, are obliged to:
send, within two weeks, at the request of military commissariats or other bodies that carry out military registration, information about citizens who are on military registration to be entered in military registration documents;
search and if available legal grounds to detain citizens who evade military registration, conscription for military service or military training, military service or military training;
send within two weeks to the military commissariats or other bodies that carry out military registration, information on cases of identifying citizens who are not registered, but are obliged to be on military registration, as well as information on persons who have received citizenship of the Russian Federation and are subject to military registration.
4. The civil status registration authorities are obliged to report to the military commissariats or other bodies that carry out military registration, within two weeks, information on amendments to the civil status acts of citizens who are or are required to be on military registration.
5. Bodies of inquiry and bodies of preliminary investigation are obliged within two weeks to inform the military commissariats or other bodies that carry out military registration about the initiation or termination of criminal cases against citizens who are or are obliged to be registered with the military, or about sending these criminal cases to the court.
6. federal courts within two weeks, they inform the military commissariats or other bodies that carry out military registration:
on the initiation or termination of criminal cases by them against citizens who are or are required to be registered with the military;
about those who entered legal force sentences in relation to citizens who are or are obliged to be registered with the military, with the direction to the military commissariats or other bodies that carry out military registration, military documents of citizens sentenced to compulsory labor, corrective labor, restriction of liberty, arrest or imprisonment.
7. Bodies of the state medical service - social expertise are obliged, within two weeks, to report to the military commissariats or other bodies that carry out military registration, information on the recognition of disabled citizens who are or are required to be on military registration.
Article 5
1. For a medical examination, medical examination and medical examination of citizens when registering for military service, conscription or entering military service under a contract, conscription for military training, medical transfer examination of citizens previously recognized as limited fit for military service for health reasons, as well as for the implementation of other activities related to the conscription or entry of citizens into military service under a contract and conscription for military training, executive authorities in the Russian Federation and local governments are obliged to ensure the provision of equipped territories and premises, medicines, medical equipment, tools, property, transport, to involve in the implementation of these events necessary doctors- specialists, middle medical staff, other professionals and technical workers.
2. Citizens participating in measures to ensure the fulfillment of military obligations by citizens or the entry of citizens into military service under a contract, for the time of participation in these events at their place of permanent job paid average earnings, they are reimbursed for expenses related to renting (sub-renting) housing and paying for travel to another locality and back, as well as travel expenses.
Article 6
1. Citizens for the period of a medical examination, medical examination or treatment to resolve issues of their military registration, mandatory preparation for military service, conscription or voluntary entry into military service, conscription for military training, as well as for the duration of their execution of other duties related to military registration, mandatory training for military service, conscription or voluntary entry into military service and conscription for military training, are exempted from work or study, retaining their place of permanent work or study and payment of average earnings or scholarships at the place of permanent work or study in the amount of not more than 10 times the minimum wage, they are reimbursed for the costs associated with hiring (sub-renting) housing and paying for travel from the place of residence (work, study) and back, as well as travel expenses.
2. Citizens are exempted from work or study for the period of military training, retaining their place of permanent work or study and payment of average earnings or stipends at the place of permanent work or study in the amount of not more than 10 minimum wages. They are also paid a salary for a military position provided for by the state of a military unit, a ship, an institution, an organization of the Armed Forces of the Russian Federation, other troops, military formations and bodies (hereinafter referred to as a military unit), a salary for a military rank and travel expenses are reimbursed for the time spent on the road .
Article 7. Liability of Citizens and Officials for Violation of this Federal Law
1. In case of non-appearance of citizens at the place and time specified in the agenda of the military commissariat or other body conducting military registration without good reason, as well as in other cases established by this Federal Law, they are held liable in accordance with the legislation of the Russian Federation.
2. Valid reasons for the non-appearance of a citizen on the agenda of the military commissariat or other body that carries out military registration, subject to documentary confirmation of the reason for the non-appearance, are:
illness or injury of a citizen associated with disability;
serious condition health of father, mother, wife, husband, son, daughter, sibling, sister, grandfather, grandmother or adoptive parent of a citizen or participation in a funeral specified persons;
an obstacle that arose as a result of force majeure, or another circumstance that does not depend on the will of the citizen;
other reasons recognized as valid by the draft commission, the commission for the initial military registration (by the military commissar - for citizens called up for military service from the reserve) or by the court.
3. Doctors - specialists participating in a medical examination, medical examination and medical examination of citizens in connection with their military registration, conscription for military service or voluntary entry into military service, conscription for military training, members of draft commissions, officials of state bodies authorities, local self-government bodies and organizations that contribute by their actions to citizens evading military duty or illegal conscription of citizens for military service, as well as preventing citizens from performing military duty or not fulfilling the duties established by legislative and other regulatory legal acts of the Russian Federation, are held accountable provided by the legislation of the Russian Federation.
Section II. MILITARY RECORD
Article 8
1. Citizens are required to be on military registration, with the exception of citizens:
released from military duty in accordance with this Federal Law;
performing military service or alternative civilian service;
serving a sentence of imprisonment;
females who do not have a military-account specialty;
permanently residing outside the Russian Federation.
The procedure and features of the military registration of citizens serving in the internal affairs bodies, institutions and bodies of the penal system and federal tax police bodies are determined by the Government of the Russian Federation. (as amended by Federal Law No. 117-FZ of July 21, 1998) (see the text in the previous edition)
2. Military registration of citizens is carried out at their place of residence by military commissariats. In settlements where there are no military commissariats, primary military registration is carried out by local governments.
3. Military registration of citizens with military ranks of officers and who are in the reserve of the Foreign Intelligence Service of the Russian Federation and bodies of the Federal Security Service of the Russian Federation is carried out by these bodies in the same manner as determined by this Federal Law.
4. Documents of military registration must contain the following information about a citizen:
surname, name and patronymic;
Date of Birth;
place of residence;
marital status;
education;
place of work;
fitness for military service for health reasons;
professional suitability for training in military registration specialties and for military service in military positions;
basic anthropometric data;
performing military service or alternative civilian service;
passing military training;
possession foreign languages;
availability of military and civil specialties;
the presence of the first sports category or sports title;
initiation or termination of a criminal case against a citizen;
having a criminal record;
reservation of a citizen who is in reserve, for a state authority, local government or organization for the period of mobilization and in wartime.
5. The collection, storage, use and dissemination of information contained in military registration documents are carried out in accordance with federal law.
6. The procedure for military registration of citizens is determined by this Federal Law and the Regulations on military registration, approved by the Government of the Russian Federation.
7. Bodies of state power, bodies of local self-government, organizations and their officials perform the duties of organizing and maintaining military registration of citizens in accordance with this Federal Law and the Regulations on military registration.
8. Citizens permanently residing outside the Russian Federation and who have expressed a desire to perform military service by conscription in military positions filled by soldiers, sailors, sergeants and foremen in the Armed Forces of the Russian Federation, other troops, military formations and bodies, can be put on military registration in military commissariats on the territory of the Russian Federation in the manner determined by the Regulations on military registration, subject to the conclusion and ratification by the Russian Federation of the relevant international treaties.
Article 9
1. The initial military registration of male citizens is carried out in the period from January 1 to March 31 in the year they reach the age of 17 years by a commission for military registration of citizens created in a district, city without district division or another municipal equal to them (administratively - territorial) formation.
2. Officials of organizations or educational institutions are obliged to provide citizens working or studying in these organizations or institutions with the possibility of timely appearance on the agenda of the military commissariat for military registration.
3. In the event that citizens subject to military registration do not work or study, upon receipt of the summons from the military commissariat, they are obliged to personally arrive at the military commissariat at the place of residence for initial military registration.
4. The initial military registration of female citizens after they have received a military registration specialty, as well as of persons who have received citizenship of the Russian Federation, is carried out by the military commissariat throughout the calendar year.
5. The commission for the registration of citizens for military registration is approved by the head of the local self-government body (local administration) in the following composition:
the military commissar of a district, a city without district division or another municipal (administrative-territorial) entity equal to them (hereinafter referred to as the military commissar) or a deputy military commissar - the chairman of the commission;
specialist in professional psychological selection;
commission secretary;
doctors are specialists.
6. The commission for the registration of citizens for military registration is obliged to organize medical examination citizens, determine their suitability for military service for health reasons, take measures for the professional psychological selection of citizens to determine their suitability for training in military registration specialties and decide on putting a citizen on military registration or submit the issue of enlistment to the reserve for consideration by the draft commission a citizen recognized as partially fit for military service, or the issue of exemption from military duty of a citizen recognized as unfit for military service.
7. The chairman of the commission for placing citizens on military registration or, on his behalf, the secretary of the commission is obliged to announce to the citizens the decision of the commission and explain their duties on military registration.
Article 10
1. In order to ensure military registration, citizens are obliged to:
be on military registration at the place of residence in the military commissariat, in locality where there are no military commissariats - in local governments, and citizens who have military ranks of officers and are in the reserve of the Foreign Intelligence Service of the Russian Federation and bodies of the Federal Security Service of the Russian Federation - in these bodies;
show up at set time and place on call (summon) to the military commissariat or other body that carries out military registration, at the place of residence or place of temporary stay;
upon dismissal from military service to the reserve of the Armed Forces of the Russian Federation, appear within two weeks from the date of their exclusion from the lists of personnel of the military unit to the military commissariat or other body that carries out military registration at the place of residence for military registration;
report within two weeks to the military commissariat or other body that carries out military registration at the place of residence about a change in marital status, education, place of work or position, place of residence within the district, city without district division or other municipality;
to be removed from military registration when moving to a new place of residence or place of temporary stay (for a period of more than three months), as well as when leaving the Russian Federation for a period of more than six months, and to register for military registration within two weeks upon arrival at a new place of residence, place temporary stay or return to the Russian Federation;
carefully store a military ID (a temporary certificate issued in exchange for a military ID), as well as a certificate of a citizen subject to conscription for military service. In case of loss of these documents, within two weeks, contact the military commissariat or other body that carries out military registration at the place of residence to resolve the issue of obtaining documents to replace the lost ones.
2. Citizens subject to conscription for military service, leaving during the period of conscription for a period of more than three months from their place of residence, must personally report this to the military commissariat or other body that carries out military registration at the place of residence.
3. Citizens also perform other duties established by the Regulations on military registration.
Section III. COMPULSORY AND VOLUNTARY TRAINING
CITIZEN TO MILITARY SERVICE
Article 11. Mandatory preparation of a citizen for military service
1. Mandatory preparation of a citizen for military service provides for:
obtaining basic knowledge in the field of defense;
training on the basics of military service in a state, municipal or non-state educational institution of secondary (full) general education, educational institution of primary vocational and secondary vocational education and at educational centers of organizations;
military - patriotic education;
training in military - registration specialties of soldiers, sailors, sergeants and foremen in the direction of the military commissariat;
medical examination and medical examination;
carrying out medical and recreational activities.
2. Mandatory training of citizens for military service is carried out in the manner determined by the Government of the Russian Federation.
Article 12
State educational standards general and vocational education provides for the acquisition by citizens of basic knowledge about the defense of the state, about the military duty of citizens, as well as the acquisition of skills in the field of civil defense.
Article 13. Training of citizens on the basics of military service in educational institutions secondary (complete) general education, educational institutions of primary vocational and secondary vocational education and at educational centers of organizations
1. Before being called up for military service, male citizens are trained in the basics of military service in state, municipal and non-state educational institutions of secondary (complete) general education, educational institutions of primary vocational and secondary vocational education during the last two years of study.
Training of citizens in the basics of military service is carried out by full-time teachers of these educational institutions in accordance with state educational standards.
The training of citizens on the basics of military service provides for training sessions with them at the end last year learning.
2. Citizens who have reached the age of 16, working in organizations and who have not undergone training in the basics of military service in the educational institutions specified in paragraph 1 of this article, are involved in classes in the basics of military service at training centers created in organizations by local governments in the manner established by the Government of the Russian Federation.
3. Financing of the training of citizens in the basics of military service is carried out in the manner established by the Government of the Russian Federation, at the expense of the federal budget.
Article 14. Military - patriotic education of citizens
1. The Government of the Russian Federation, executive authorities of the constituent entities of the Russian Federation and local governments, together with the Ministry of Defense of the Russian Federation, federal executive authorities in which military service is provided for by this Federal Law, and officials of organizations are required to systematically carry out work on military-patriotic education citizens.
2. Citizens who have been trained in military-patriotic youth and children's associations are given a preferential right to be enrolled in their chosen military schools, provided they meet all the requirements for entering military educational institutions of vocational education.
The training received by citizens in military-patriotic youth and children's associations is taken into account by the draft commissions when determining the type and type of troops of the Armed Forces of the Russian Federation, as well as other troops, military formations and bodies in which they will perform military service.
The regulations on the said associations are approved by the Government of the Russian Federation.
3. Financing of activities for the military-patriotic education of citizens is carried out at the expense of the federal budget. Additional financing of this activity can be carried out at the expense of the budgets of the constituent entities of the Russian Federation, local budgets and extra-budgetary funds with the consent of the owners of these funds.
Article 15
1. Training of citizens in the military specialties of soldiers, sailors, sergeants and foremen in public associations and educational institutions of primary vocational and secondary vocational education is carried out in the manner established by the Government of the Russian Federation.
The specified training is received by male citizens who have reached the age of 17, including students of educational institutions of primary vocational and secondary vocational education, in which such training is integral part professional educational program.
Students (pupils) of other educational institutions do not receive training in the military registration specialties of soldiers, sailors, sergeants and foremen.
The number of citizens to be trained in the military specialties of soldiers, sailors, sergeants and foremen is determined by the Ministry of Defense of the Russian Federation.
2. A citizen who has mastered the complex military specialty of a soldier, sailor, sergeant, foreman included in the list determined by the Government of the Russian Federation, when called up for military service, has the right to choose the type and type of troops of the Armed Forces of the Russian Federation, other troops, military formations and bodies taking into account the real need for such specialists.
3. Financing and educational and material support of the associations and institutions indicated in paragraph 1 of this article shall be carried out by the Ministry of Defense of the Russian Federation on a contractual basis at the expense of the federal budget.
Article 16
1. A citizen, upon initial registration for military registration, is subject to a medical examination by doctors - specialists: a general practitioner, surgeon, neuropathologist, psychiatrist, ophthalmologist, otorhinolaryngologist, dentist, and, if necessary, doctors of other specialties.
If it is impossible to obtain a medical opinion on the fitness of a citizen for military service for health reasons, the commission for the registration of citizens for military registration sends him to an outpatient or inpatient medical examination in medical institution located on the territory of the subject of the Russian Federation in which he lives.
2. If necessary, a citizen may be sent to a medical institution located on the territory of the constituent entity of the Russian Federation in which he lives, for medical and recreational activities in accordance with the legislation of the Russian Federation on the protection of the health of citizens.
3. Financing of a medical examination, medical examination and medical and recreational activities related to the performance of military duty by citizens is carried out in the manner determined by the Government of the Russian Federation, at the expense of the federal budget.
Article 17. Voluntary preparation of a citizen for military service
1. Voluntary preparation of a citizen for military service provides for:
engaging in military applied sports;
additional training educational programs aimed at military training of underage citizens, in educational institutions of secondary (complete) general education, as well as in military bands of the Armed Forces of the Russian Federation, other troops, military formations and bodies (hereinafter referred to as military bands);
training under the training program for reserve officers at military departments at a state, municipal or state-accredited non-state educational institution of higher professional education in the relevant areas of training (specialties).
2. Voluntary training of citizens for military service is carried out in the manner determined by the Government of the Russian Federation.
Article 18
1. Citizens subject to conscription for military service have the right to engage in military applied sports in public associations, educational institutions, sports clubs and sections, regardless of their departmental affiliation.
2. Citizens who, in accordance with the established procedure, have been assigned the first sports category or sports title in military applied sports, enjoy the right of priority when enrolling in military schools or have the right to choose, when called up for military service, the type and type of troops of the Armed Forces of the Russian Federation, other troops, military formations and bodies in accordance with sports training these citizens and taking into account the real need for them.
Article 19
1. Educational institutions of secondary (complete) general education with additional educational programs aimed at military training of underage citizens are Suvorov military schools, Nakhimov military - maritime schools and military - musical schools created by the Government of the Russian Federation. The Government of the Russian Federation has the right to create other educational institutions of secondary (complete) general education with additional educational programs aimed at military training of underage citizens. Regulations on these educational institutions are approved by the Government of the Russian Federation.
2. Training in additional educational programs aimed at military training of underage citizens is also carried out in military bands. The regulation on students of military bands is approved by the Minister of Defense of the Russian Federation or the head of the relevant federal executive body, in which this Federal Law provides for military service.
3. Minor citizens - orphans, as well as minor citizens left without parental care, entering the educational institutions specified in paragraph 1 of this article, or military bands, are enrolled in them without exams based on the results of an interview and a medical examination.
Article 20
1. A citizen who is a full-time student in a state, municipal or state-accredited non-state educational institution of higher professional education in the relevant areas of training (specialties), who is fit for military service for health reasons and meets the requirements established by this Federal Law, has the right to conclude with the Ministry of the Defense of the Russian Federation, a contract on training under the training program for reserve officers at the military department at this educational institution and on conscription military service after receiving the military rank of officer. The specified contract provides for the obligation of a male citizen to perform military service by conscription in the manner established by this Federal Law. A citizen undergoing training under the reserve officer training program is paid an additional scholarship in the manner and amount determined by the Government of the Russian Federation at the expense of the federal budget.
2. A citizen who has not concluded a contract provided for in paragraph 1 of this article cannot study at a military department at state, municipal or state-accredited non-state educational institutions of higher professional education in the relevant areas of training (specialties).
3. Training of citizens under the training programs for reserve officers at military departments at state, municipal or state-accredited non-state educational institutions of higher professional education in the relevant areas of training (specialties) is carried out in the manner determined by the Government of the Russian Federation. These programs may provide for the training of female citizens.
4. The Ministry of Defense of the Russian Federation, in agreement with the state, municipal or state-accredited in the relevant areas of training (specialties) non-state educational institution of higher professional education, selects and appoints the teaching staff of the military department at this educational institution.
5. Male citizens studying in reserve officer training programs undergo training camps or internships provided for in reserve officer training programs. The specified training fees or internships are equated to military fees.
Article 21
1. The Ministry of Defense of the Russian Federation and federal executive bodies in which this Federal Law provides for military service:
participate in the development of a list of military - accounting specialties and military - applied sports;
develop, together with the federal executive body for health care, requirements for the state of health of citizens called up or entering military service, as well as those undergoing military service;
develop, together with the federal executive body for education, state educational standards, programs and methods for preparing citizens for military service;
participate in the creation, financing and material and technical support of educational institutions of secondary (full) general education, educational institutions of primary vocational and secondary vocational education, educational institutions of secondary (complete) general education with additional educational programs aimed at military training of underage citizens, military departments at state, municipal or state-accredited in the relevant areas of training (specialties) non-state educational institutions of higher professional education, as well as organizations that train citizens for military service on a contractual basis.
2. The selection of citizens subject to conscription for military service, as well as candidates for military service under a contract in the Armed Forces of the Russian Federation, other troops, military formations and bodies to perform special duties of military service is carried out in the manner determined by the Government of the Russian Federation.
Section IV. CALL FOR MILITARY SERVICE
Article 22. Citizens subject to conscription for military service
1. Subject to conscription for military service:
a) male citizens aged 18 to 27 years who are or are required to be registered with the military and are not in the reserve (hereinafter referred to as citizens who are not in the reserve);
b) male citizens aged 18 to 27 years who have graduated from state, municipal or state accredited non-state educational institutions of higher professional education in the relevant areas of training (specialties) and enrolled in the reserve with the assignment of the military rank of officer (hereinafter - citizens enrolled in reserve with the assignment of the military rank of officer).
2. Citizens who, in accordance with this Federal Law, are exempted from the performance of military duty, conscription for military service, citizens who have been granted a deferment from conscription for military service, as well as citizens who are not subject to conscription for military service, are not called up for military service.
3. The conscription of citizens for military service is carried out on the basis of decrees of the President of the Russian Federation.
4. The decision to call up citizens for military service can be taken only after they reach the age of 18 years.
5. Male citizens enrolled in the reserve with the assignment of the military rank of an officer, called up for military service, have the status of military personnel undergoing military service under a contract. Features of their military service are determined by this Federal Law and the Regulations on the procedure for military service, approved by the President of the Russian Federation.
Article 23
1. Citizens are exempt from conscription for military service:
a) recognized as unfit or partially fit for military service for health reasons;
b) those who are or have completed military service in the Russian Federation;
c) who are or have completed alternative civilian service;
d) who have completed military service in another state;
e) having an academic degree of Candidate of Science or Doctor of Science;
f) in case of death (death) of the father, mother, brother, sister in connection with the performance of military service duties by them.
2. Citizens are not subject to conscription for military service:
a) serving a sentence in the form of compulsory labor, corrective labor, restriction of freedom, arrest or imprisonment;
b) having an unexpunged or outstanding conviction for committing a crime;
c) in respect of whom an inquiry or preliminary investigation is underway or a criminal case in respect of which has been submitted to the court.
Article 24
1. A deferment from conscription for military service is granted to citizens:
a) recognized in accordance with the procedure established by this Federal Law as temporarily unfit for military service for health reasons - for a period of up to one year;
b) busy with the constant care of the father, mother, wife, brother, sister, grandfather, grandmother or adoptive parent, if there are no other persons obliged by law to support these citizens, and also provided that the latter are not fully supported by the state and are in need for health reasons in accordance with the conclusion of the public service body of medical and social expertise at the place residence of citizens called up for military service, in permanent outside care (assistance, supervision) or are disabled of the first or second group, have reached the retirement age in old age or have not reached the age of 18;
c) having a child brought up without a mother;
d) having two or more children;
e) having a child under the age of three;
f) whose mother (father) in addition to them has two or more children under the age of eight or has been disabled since childhood and brings them up without a husband (wife);
g) those who entered work in their specialty immediately after graduating from educational institutions of higher professional education on a full-time basis in state organizations, the list of which is determined by the Government of the Russian Federation - for the duration of this work;
h) graduated from state, municipal or state-accredited in the relevant areas of training (specialties) non-state educational institutions of higher professional education and serving in the internal affairs bodies, institutions and bodies of the penal system, federal tax police and customs authorities of the Russian Federation, and also studying in educational institutions said bodies or graduated from these educational institutions and received special titles - for the duration of service in these bodies. (as amended by Federal Law No. 117-FZ of July 21, 1998) (see the text in the previous edition)
2. The following citizens also have the right to receive a deferment from military service:
a) students of full-time education in state, municipal or state-accredited in the relevant areas of training (specialties) non-state educational institutions of primary vocational, secondary vocational or higher professional education - for the period of study.
The right to the specified deferment from conscription for military service is granted no more than two times (for obtaining vocational education of this or more high level in any two of specified types educational institutions).
Citizens have the right to a deferment to receive vocational education in case of re-entry into educational institutions of vocational education given level, as well as in cases of a single use of academic leave or a single transfer to another educational institution of vocational education of a given level, if the previously indicated deferment was granted to them no more than once;
b) receiving postgraduate professional education full-time education in state, municipal or state-accredited in the relevant areas of training (specialties) non-state educational institutions of higher professional education and scientific institutions who are licensed to operate educational activities for educational programs of postgraduate professional education, - for the period of training and defense of qualification work;
c) having a higher pedagogical education and permanently working in pedagogical positions in state, municipal or having state accreditation in the relevant areas of training (specialties) non-state rural educational institutions - for the duration of this work;
d) permanently working doctors in countryside, - for the duration of this work;
e) to whom this right is given on the basis of decrees of the President of the Russian Federation.
3. Citizens enrolled in the reserve with the assignment of the military rank of officer are subject to a deferment from conscription for military service on the grounds provided for in subparagraphs "a", "b", "c", "g" and "h" of paragraph 1 and subparagraphs " b", "c", "d" and "e" of paragraph 2 of this article.
Article 25
1. Conscription for military service of citizens who are not in the reserve is carried out twice a year from April 1 to June 30 and from October 1 to December 31 on the basis of decrees of the President of the Russian Federation with the following exceptions:
a) citizens living in certain regions of the Far North, the list of which is determined by the General Staff of the Armed Forces of the Russian Federation, are called up for military service from May 1 to June 30;
b) citizens living in rural areas and directly employed in sowing and harvesting work are called up for military service from October 15 to December 31;
c) citizens who are teaching staff of educational institutions are called up for military service from May 1 to June 30.
2. The conscription for military service of citizens enrolled in the reserve with the assignment of the military rank of officer is carried out within the time limits established by the President of the Russian Federation.
Article 26
1. Conscription for military service of citizens who are not in the reserve includes:
appearance for a medical examination and a meeting of the draft board;
appearance at the military commissariat for sending to the place of military service and being at the military commissariat before being sent to the place of military service.
The conscription for military service of these citizens is organized by the head of the local self-government body together with the military commissar and is carried out by the conscription commission, which is created in each district, city without district division, other municipality by decision of the head of the local self-government body (hereinafter - the conscription commission).
2. Conscription for military service of citizens enrolled in the reserve with the assignment of the military rank of officer includes:
appearance for a medical examination and to the military commissar to make a decision on conscription for military service;
appearance at the military commissariat and receipt of an order for departure to the place of military service.
The conscription for military service of these citizens is organized and carried out by the military commissar.
3. Citizens are summoned to events related to conscription for military service by subpoenas of the military commissariat.
4. The procedure for conscription of citizens for military service is determined by this Federal Law, other federal laws, decrees of the President of the Russian Federation, the Regulations on conscription for military service, approved by the Government of the Russian Federation and other regulatory legal acts of the Russian Federation.
Article 27
1. The composition of the draft board includes:
deputy head of the local self-government body - chairman of the commission;
military commissar - deputy chairman of the commission;
commission secretary;
a doctor in charge of medical examination of citizens subject to conscription for military service;
representative of the relevant internal affairs body;
representative of the relevant education authority.
2. Representatives of other bodies and organizations may be included in the draft commission.
Article 28
1. When conscripting citizens who are not in the reserve, the conscription commission is charged with organizing a medical examination of these citizens and making one of the following decisions regarding them:
about conscription for military service;
on assignment to alternative civilian service;
on granting a deferment from conscription for military service;
on exemption from conscription for military service;
on enrollment in the reserve;
for exemption from military service.
When calling for military service of citizens enrolled in the reserve with the assignment of the military rank of officer, these duties are assigned to the military commissar.
2. In the event of citizens evading conscription for military service, the draft commission or the military commissar sends the relevant materials to the prosecutor at the place of residence of these citizens to resolve the issue of bringing them to justice in accordance with the legislation of the Russian Federation.
3. When making a decision on conscription for military service of citizens who are not in the reserve, the conscription commission determines the type and type of troops of the Armed Forces of the Russian Federation, other troops, military formations and bodies in which these citizens will perform military service.
4. The conscription commission is also responsible for organizing a medical examination of citizens who have expressed a desire to enter military educational institutions of vocational education, and making a decision on sending them to take competitive entrance exams or on refusing to do so.
5. The conscription commission (military commissar - for citizens called up for military service from the reserve) makes appropriate decisions on the basis of this Federal Law, other federal laws, the Regulations on conscription for military service and other regulatory legal acts of the Russian Federation.
6. The chairman of the draft commission (military commissar) announces the decision to the citizen in respect of whom it was made, and, at the request of the citizen, gives him a copy of the decision.
7. The decision of the draft board may be appealed by a citizen to statutory of the Russian Federation, the period from the day the citizen receives a copy of the said decision to the draft commission of the corresponding subject of the Russian Federation or to the court, and the decision of the military commissar - to the military commissar of the corresponding subject of the Russian Federation or to the court. The citizen's complaint must be considered within five days from the date of its receipt by the draft commission of the corresponding subject of the Russian Federation or the military commissar of the corresponding subject of the Russian Federation. In this case, the implementation of the decision of the draft commission or the military commissar is suspended until the decision is made by the draft commission of the corresponding subject of the Russian Federation, the military commissar of the corresponding subject of the Russian Federation or the court decision enters into legal force.
Article 29
1. By the decision of the head of the executive authority of the constituent entity of the Russian Federation, a draft commission of the constituent entity of the Russian Federation is created, which includes:
deputy head of the executive authority of a constituent entity of the Russian Federation - chairman of the commission;
military commissar of a constituent entity of the Russian Federation - deputy chairman of the commission;
commission secretary;
doctors - specialists involved in the medical examination and medical examination of citizens;
representative of the internal affairs body of the constituent entity of the Russian Federation;
representative of the executive authority of the constituent entity of the Russian Federation by education.
Representatives of other bodies and organizations of the subject of the Russian Federation may be included in the draft commission of a constituent entity of the Russian Federation.
2. The draft commission of the subject of the Russian Federation:
organizes medical checkup citizens who are not in the reserve, called up for military service, before sending them to the place of military service, as well as a control medical examination of citizens who have received exemption from conscription for military service for health reasons, and citizens who have declared disagreement with the conclusions on their suitability to military service based on the results of a medical examination;
provides methodological guidance to the activities of recruitment commissions;
checks the correctness of granting citizens deferrals and exemptions from conscription for military service;
controls the validity of sending citizens for military service in the types and branches of the Armed Forces of the Russian Federation, other troops, military formations and bodies;
considers complaints of citizens called up for military service against decisions of draft commissions.
3. The draft commission of the subject of the Russian Federation has the right to cancel the decisions of lower draft commissions.
4. The decision of the draft commission of the subject of the Russian Federation on the complaint of a citizen may be appealed by him to the court within the period established by the legislation of the Russian Federation from the date of receipt of a copy of the said decision. The decision of the draft board is suspended until the entry into force of the court decision.
Article 30. Medical examination and medical examination of citizens subject to conscription for military service
1. Citizens subject to conscription for military service undergo a medical examination by medical specialists: a general practitioner, surgeon, neuropathologist, psychiatrist, ophthalmologist, otorhinolaryngologist, dentist, and, if necessary, doctors of other specialties.
If it is impossible to give a medical opinion on the fitness of a citizen for military service on the spot, the specified citizen is sent for an outpatient or inpatient medical examination to a medical institution located on the territory of the subject of the Russian Federation in which he lives.
2. Doctors in charge of the medical examination of citizens subject to military service, based on the results of the medical examination, issue an opinion on the suitability of these citizens for military service in the following categories:
A - fit for military service;
B - fit for military service with minor restrictions;
B - limited fit for military service;
G - temporarily unfit for military service;
D - not fit for military service.
3. The procedure for organizing and conducting a medical examination of citizens subject to conscription for military service is determined by the Regulations on military medical examination, approved by the Government of the Russian Federation.
4. In agreement with the commander (chief) of a military unit (military medical institution), military doctors-specialists may be involved in the medical examination of citizens subject to conscription for military service.
5. Financing of a medical examination and medical examination of citizens subject to conscription for military service is carried out in the manner determined by the Government of the Russian Federation, at the expense of the federal budget.
Article 31. Obligations of citizens subject to conscription for military service
1. Citizens who are not in the reserve, subject to conscription for military service, are obliged to appear on the agenda of the military commissariat for a medical examination, a meeting of the conscription commission or to be sent to a military unit for military service, and also to be in the military commissariat until sent to the place of passage military service.
2. Citizens subject to conscription for military service are required to receive summonses from the military commissariat against receipt. Summons are handed to citizens by employees of the military commissariat or at the place of work (study) of the citizen by leaders, other officials (employees) of organizations responsible for military registration work, as well as officials of local governments responsible for military registration work. The summonses must indicate the legal consequences of citizens' failure to comply with the requirements set forth in them.
If it is impossible to serve summons to citizens subject to conscription for military service by the specified employees, managers or officials, ensuring their arrival at events related to conscription for military service is entrusted to the relevant internal affairs bodies on the basis of a written request from the military commissar.
3. Male citizens enrolled in the reserve with the assignment of the military rank of an officer are required to appear on the agenda of the military commissariat for a medical examination, as well as to the military commissar to make a decision on conscription for military service and receive an order for departure to the place of military service.
4. In the event that a citizen fails to appear without good reason on the agenda of the military commissariat for events related to conscription for military service, the specified citizen is considered to be evading military service and is held liable in accordance with the legislation of the Russian Federation.
Section V. ENTRY OF CITIZENS FOR MILITARY SERVICE
UNDER THE CONTRACT
Article 32
1. A contract for military service is concluded by a citizen with the Ministry of Defense of the Russian Federation or the federal executive body, in which this Federal Law provides for military service, in writing by standard form in the manner determined by the Regulations on the procedure for military service.
2. The contract for the passage of military service fixes the voluntary entry of a citizen into military service, the period during which the citizen undertakes to perform military service, and the terms of the contract.
3. The terms of the military service contract include the obligation of a citizen to perform military service in the Armed Forces of the Russian Federation, other troops, military formations or bodies within the period established by the contract, to conscientiously fulfill all general, official and special duties of military personnel established by legislative and other normative legal acts of the Russian Federation, as well as the right of a citizen to observe his rights and the rights of his family members, including receiving benefits, guarantees and compensations established by legislative and other regulatory legal acts of the Russian Federation that determine the status of military personnel and the procedure for military service.
4. The military service contract shall enter into force from the date of its signing by the relevant official in accordance with the Regulations on the procedure for military service and shall cease to be valid from the day the serviceman concludes another contract for military service, the serviceman is excluded from the lists of the military unit in the event that specified in paragraph 6 of this article, as well as in other cases established by federal laws.
5. The conclusion of a contract for military service, its termination, as well as other relations associated with it, are governed by this Federal Law, the Regulations on the procedure for military service, as well as legislative and other regulatory legal acts of the Russian Federation that determine the procedure for military service and the status of the military.
6. Servicemen appointed to the post of Minister of Defense of the Russian Federation, heads of federal executive bodies in which military service is provided for by this Federal Law, perform military service in the corresponding position without concluding a contract for military service. The contract for military service, which was concluded by military personnel prior to their appointment to the specified position, ceases to be valid. The said servicemen retain the status of servicemen undergoing military service under a contract.
After the said servicemen are released from their posts, they enter into a new military service contract or are dismissed from military service on the grounds and in the manner determined by this Federal Law and the Regulations on the Procedure for Performing Military Service.
Article 33
1. A citizen entering military service under a contract must meet the medical and professional-psychological requirements of military service for specific military specialties. To determine the compliance of a citizen with the established requirements, a medical examination and measures for professional psychological selection are carried out.
2. Medical examination of citizens is carried out in accordance with the Regulations on the military medical examination. Based on the results of a medical examination, a conclusion is issued on the citizen's fitness for military service in accordance with paragraph 2 of Article 30 of this Federal Law. A citizen recognized as fit for military service or fit for military service with minor restrictions may be accepted for military service under a contract.
3. Activities for professional psychological selection are carried out by specialists in professional psychological selection in the manner determined by the Regulations on the procedure for military service. According to the results of professional psychological selection one of the following conclusions is made on the professional suitability of a citizen for military service under a contract in specific military positions:
recommended in the first place - the first category;
recommended - the second category;
it is recommended conditionally - the third category;
not recommended - the fourth category.
A citizen classified by the results of professional psychological selection to the fourth category of professional suitability cannot be accepted for military service under a contract.
4. A citizen entering military service under a contract, in addition to the requirements specified in paragraph 1 of this article, must also meet the requirements for the level of:
education;
vocational training;
physical training.
5. The requirements provided for by paragraphs 3 and 4 of this article are established by the Minister of Defense of the Russian Federation or the head of the federal executive body in which military service is provided for by this Federal Law.
Article 34
1. The contract on military service has the right to conclude:
military personnel whose previous military service contract ends;
conscripted military personnel who have served for at least 12 months;
citizens in the reserve;
male citizens who are not in the reserve, graduated from state, municipal or having state accreditation in the relevant areas of training (specialties) non-state educational institutions of higher professional education;
female citizens who are not in the reserve;
other citizens in accordance with the regulatory legal acts of the President of the Russian Federation.
Citizens enrolled in military educational institutions of professional education enter into a contract for military service in accordance with paragraph 2 of Article 35 of this Federal Law.
2. Citizens aged 18 to 40 have the right to conclude the first contract for military service.
3. The selection of candidates for military service under a contract from among citizens who are not in military service is carried out by military commissariats, and from among military personnel - by military units in the manner established by the Regulations on the procedure for military service.
4. Determining the compliance of citizens with the requirements established for those entering the military service under the contract is assigned to the commissions of the military commissariats for the selection of candidates entering the military service under the contract.
Determining the compliance of military personnel with the requirements established for those entering military service under a contract is entrusted to the attestation commissions of military units.
Representatives of the military units for which the selection is being carried out may take part in the work of commissions of military commissariats for the selection of candidates entering military service under a contract.
A copy of the decision of the commission must be issued to the citizen at his request within three days from the date of the decision.
5. The grounds for refusing to conclude an appropriate contract with a candidate entering military service under a contract are:
the absence in the Armed Forces of the Russian Federation, other troops, military formations and bodies of vacant military positions in accordance with the candidate’s training profile or the military registration specialty received by him;
the decision of the attestation commission of the military unit, approved by the commander (chief) of the military unit, on the conclusion of a contract for military service with another candidate based on the results of competitive selection;
the decision of the commission of the military commissariat or the attestation commission of the military unit on the non-compliance of the candidate entering the military service under the contract with the requirements established by this Federal Law.
A military service contract cannot be concluded with citizens who have been convicted and sentenced, who are under investigation or preliminary investigation or whose criminal case has been brought to court, citizens who have an unexpunged or outstanding conviction for committing crimes, as well as with citizens who have served a sentence of imprisonment.
6. The commander (chief) of the military unit makes a decision to conclude a new contract for military service or to refuse to conclude it with a military serviceman under contract, no later than three months before the expiration of the current contract.
7. If a citizen is refused to conclude a contract for military service, he has the right to appeal this decision to a higher authority, prosecutor's office or court.
Article 35 Conclusion of contracts for military service with citizens studying in military educational institutions of vocational education
1. Military educational institutions of vocational education have the right to enter:
citizens who have not completed military service - aged 16 to 22;
citizens who have completed military service and conscripted military personnel - until they reach the age of 24;
servicemen undergoing military service under a contract - in the manner determined by the Minister of Defense of the Russian Federation or the head of the federal executive body in which military service is provided for by this Federal Law.
Citizens entering military educational institutions of vocational education must meet the requirements established for citizens entering military service under a contract.
Citizens enrolled in military educational institutions of vocational education are appointed to the military positions of cadets, trainees or other military positions in the manner determined by this Federal Law, the Regulations on the procedure for military service and other regulatory legal acts of the Russian Federation.
2. Citizens who have not completed military service, when enrolled in military educational institutions of vocational education, acquire the status of conscripted military personnel and conclude a contract for military service when they reach the age of 18, but not earlier than they complete their first course of study in specified educational institutions.
Military servicemen undergoing military service under a contract, when enrolling in military educational institutions of vocational education, conclude a new contract for military service.
Citizens who have completed military service under a contract, as well as those who are undergoing or have completed military service by conscription, when enrolling in these educational institutions, enter into a contract for military service before the start of training.
Servicemen who refuse to conclude a contract for military service in the manner prescribed by this Federal Law are subject to expulsion from military educational institutions of vocational education.
3. Conscripted military personnel who are not enrolled in military educational institutions of vocational education are sent for further military service in the manner determined by the Regulations on the procedure for military service.
4. Male military personnel expelled from military educational institutions of vocational education for indiscipline, poor progress or unwillingness to study, as well as those who refused to conclude a contract for military service, if by the time they were expelled from these educational institutions they had reached the age of 18 years, did not serve the established term of military conscription services and do not have the right to be discharged from military service, to be released or deferral from conscription for military service, are sent for conscription military service.
In this case, the term of military service for military personnel includes:
the duration of military service by conscription before entering a military educational institution of vocational education;
the duration of military service under a contract before entering a military educational institution of vocational education at the rate of two months of military service under a contract for one month of military service by conscription;
the duration of military service during training in a military educational institution of vocational education at the rate of two months of military service in the specified educational institution for one month of military service by conscription.
Male military personnel expelled from military educational institutions of vocational education who have not reached the age of 18 are dismissed from military service and sent to the military commissariat for military registration and are subsequently called up for military service on a general basis. In the event of the dismissal of these persons on the grounds provided for in this paragraph, the duration of military service by conscription shall include the duration of military service while studying at a military educational institution of vocational education at the rate of two months of military service in the indicated educational institution for one month of military service by conscription .
5. Female servicemen expelled from military educational institutions of professional education are dismissed from military service:
who do not have a military registration specialty, - without military registration;
having a military - registration specialty - with enrollment in the reserve and direction to the military commissariat at the place of residence for military registration.
6. The curricula of military educational institutions of vocational education should provide for the acquisition by students of both military registration specialties and civilian specialties, the list of which is approved by the Government of the Russian Federation.
Section VI. MILITARY SERVICE
Article 36
1. The procedure for performing military service is determined by this Federal Law, other federal laws, the Regulations on the procedure for performing military service and other regulatory legal acts of the Russian Federation.
2. Features of military service during the introduction state of emergency and martial law, as well as in conditions of armed conflicts, are determined by federal constitutional laws, federal laws, the Regulations on the procedure for performing military service and other regulatory legal acts of the Russian Federation.
3. Citizens perform military service on conscription in the Armed Forces of the Russian Federation, bodies and border troops of the Federal Border Service of the Russian Federation, in the internal troops of the Ministry of Internal Affairs of the Russian Federation, in the Railway Troops of the Russian Federation and the troops of the Federal Agency for Government Communications and Information under the President of the Russian Federation .
Citizens are sent to other troops, military formations and bodies for military service by conscription in accordance with the decree of the President of the Russian Federation after completing the military positions occupied by military personnel undergoing military service by conscription in the Armed Forces of the Russian Federation, other troops and bodies specified in paragraph one of this paragraph.
4. Features of the performance of military service by servicemen in respect of whom a guilty verdict has been passed and who have been sentenced are determined by the Criminal Code of the Russian Federation, the Criminal Executive Code of the Russian Federation, legislative and other regulatory legal acts of the Russian Federation.
Article 37
1. A serviceman, as well as a citizen undergoing military training, are considered to be performing military service duties in the following cases:
a) participation in hostilities, performance of tasks in a state of emergency and martial law, as well as in armed conflicts;
b) performance official duties;
c) carrying out combat duty, combat service, service in the garrison attire, performing duties as part of the daily attire;
d) participation in exercises or cruises of ships;
e) execution of an order or order given by the commander (chief);
f) being on the territory of a military unit during the working hours established by the daily routine or at other times, if this is due to official necessity;
g) being on a business trip;
h) being on treatment, going to the place of treatment and back;
i) following to the place of military service and back;
j) undergoing military training;
k) being in captivity (with the exception of cases of voluntary surrender), in the position of a hostage or internee;
l) missing without a trace - until the serviceman is declared missing in accordance with the procedure established by law or declared dead;
m) protection of life, health, honor and dignity of a person;
n) rendering assistance to internal affairs bodies, other law enforcement agencies in protecting the rights and freedoms of man and citizen, protecting law and order and ensuring public safety; (as amended by Federal Law No. 117-FZ of July 21, 1998) (see the text in the previous edition)
o) participation in the prevention and elimination of the consequences of natural disasters, accidents and catastrophes;
p) commission of other actions recognized by the court as committed in interests of the individual, society and the state.
2. A serviceman or a citizen undergoing military training shall not be recognized as dead (deceased), injured (wounded, traumatized, contused) or ill in the performance of military service duties, if this was the result of:
a) unauthorized stay outside the location of a military unit or a place of military service established outside a military unit, with the exception of cases provided for by subparagraphs "l", "m", "n", "o", "p" and "r" of paragraph 1 of this articles;
b) voluntarily bringing oneself into a state of narcotic or toxic intoxication;
c) the commission by him of an act recognized in accordance with the established procedure as socially dangerous.
3. Commanders (chiefs) are prohibited from issuing orders (orders) and instructions that are not related to the performance of military service duties or aimed at violating the legislation of the Russian Federation.
The commanders (chiefs) who gave the said orders (orders) and orders are held accountable in accordance with the legislation of the Russian Federation.
Article 38
1. The term of military service is established:
for conscripted military personnel - 24 months;
for military personnel who graduated from state, municipal or having state accreditation in the relevant areas of training (specialties) non-state educational institutions of higher professional education, undergoing military service on conscription - 12 months;
for military personnel with the military rank of officer and called up for military service - 24 months;
for servicemen undergoing military service under a contract - for the period specified in the contract for military service.
2. For conscripted military personnel, one day of participation in hostilities or performance of tasks in armed conflicts, as well as one day of being in medical institutions as a result of injuries, contusions, injuries or illnesses received during participation in these actions or conflicts, is counted as two days of military service by conscription.
3. The first contract for military service is:
a) with those entering the military service for a military position, for which the state provides for the military rank of a soldier, sailor, sergeant, foreman - for three years;
b) with those entering the military service for a military position for which the state provides for the military rank of ensign, midshipman or officer - for five years;
c) with a serviceman studying at a military educational institution of vocational education - for the period of study at the specified educational institution and five years of military service after its completion.
4. A conscripted military serviceman may enter into a first military service contract for a shorter period, provided that the total duration of his military service on conscription and under the first contract is three years or five years in accordance with subparagraphs "a" and "b" of paragraph 3 of this article.
5. A new military service contract may be concluded by a serviceman for a period of three years, five years, ten years, or for the period of study at a military educational institution of vocational education and five years of military service after its completion.
6. A contract for military service may be concluded with a serviceman for a shorter period - before the onset of age limit his time in military service.
7. With a citizen who is in the reserve and has expressed a desire to enter military service under a contract during a period of emergency (liquidation of the consequences of natural disasters, implementation of measures of a state of emergency, restoration constitutional order and other emergencies), a military service contract may be concluded for a period of six months to one year.
8. A serviceman who has done military service under a contract and entered a military educational institution of higher professional education, as well as enrolled in postgraduate or military doctoral studies, concludes a contract for military service for the period of study at the specified educational institution, in postgraduate or military doctoral studies and five years military service after graduation.
9. Servicemen who have the academic degree of Candidate of Science or Doctor of Science and have reached the age limit for military service are given a preferential right when concluding a contract with them for military service in the manner established by paragraph 3 of Article 49 of this Federal Law.
10. The beginning of military service is considered:
for citizens who are not in the reserve, called up for military service - the day of departure from the military commissariat of a constituent entity of the Russian Federation to the place of military service;
for citizens called up for military service from among those who graduated from state, municipal or having state accreditation in the relevant areas of training (specialties) non-state educational institutions of higher professional education and enrolled in the reserve with the assignment of the military rank of an officer - the day of departure to the place of military service indicated in the order of the military commissariat;
for citizens called up for military service immediately after graduating from state, municipal or state-accredited non-state educational institutions of higher professional education in the relevant areas of training (specialties) who have been awarded the military rank of officer, the day of departure on leave provided by the military commissariat upon completion of these educational institutions;
for citizens who entered military service under a contract - the day the contract for military service comes into force;
for citizens who have not completed military service or who have completed military service earlier and entered military educational institutions of vocational education, the date of enrollment in these educational institutions.
11. The end of military service is the date of exclusion of a serviceman from the lists of personnel of a military unit.
A serviceman must be excluded from the lists of personnel of a military unit on the day of the expiration of his military service, unless:
soldier is on inpatient treatment;
a female soldier is on maternity leave or parental leave;
a conscripted military serviceman, at his request, remains in a military unit until the day of departure vehicle carrying out individual or organized transportation of military personnel transferred to the reserve;
the soldier participates in the campaigns of ships;
a soldier is in captivity, in the position of a hostage or interned;
a serviceman is missing without a trace - until he is declared missing in the manner prescribed by law or declared dead;
soldier is under investigation
as well as in other cases established by the Regulations on the procedure for performing military service.
12. The following are not counted in the period of military service:
time of stay in a disciplinary military unit and the time of serving a disciplinary sanction in the form of arrest;
the time of unauthorized abandonment of a military unit or place of military service, regardless of the reasons for abandonment, lasting more than 10 days.
For a serviceman released from a disciplinary military unit, subject to his impeccable military service, the time spent in a disciplinary military unit may be included in the term of his military service in accordance with the Regulations on the procedure for military service.
Article 39. Military uniform and insignia of servicemen
1. Military uniforms and insignia are established for servicemen.
The military uniform and insignia for military ranks of the military personnel of the Armed Forces of the Russian Federation, other troops, military formations and bodies are approved by the President of the Russian Federation.
Insignia by types of the Armed Forces of the Russian Federation, types of troops and services, specific military formations according to their functional purpose, personalized insignia, as well as wearing rules military uniform clothing and insignia are determined by the Minister of Defense of the Russian Federation, the head of the relevant federal executive body in which military service is provided for by this Federal Law.
2. A serviceman has the right not to wear a military uniform outside the location of the military unit, on vacation, on dismissal or vacation.
3. The military uniform and insignia of servicemen are protected by the Patent Law of the Russian Federation.
Uniform and insignia of non-military employees of federal executive authorities, executive authorities of constituent entities of the Russian Federation, local governments, organizations, members public associations cannot be similar to the military uniform and insignia of military personnel.
Federal executive authorities, executive authorities of the constituent entities of the Russian Federation change the uniform and insignia of their employees who are not military personnel, or introduce new ones after their agreement with the Ministry of Defense of the Russian Federation.
The wearing of military uniforms and insignia of servicemen by citizens who do not have the right to do so is prohibited and entails liability in accordance with the legislation of the Russian Federation.
4. Departmental insignia of servicemen are determined by the Minister of Defense of the Russian Federation, the head of the relevant federal executive body in which military service is provided for by this Federal Law.
Article 40. Military oath
1. A serviceman who entered military service for the first time, or a citizen who did not undergo military service and was called up for military training for the first time, is taken a military oath before State flag Russian Federation and the Battle Banner of a military unit.
2. Approved next text Military oath:
"I, (last name, first name, patronymic), solemnly swear allegiance to my Fatherland - the Russian Federation.
I swear to sacredly observe the Constitution of the Russian Federation, to strictly comply with the requirements of military regulations, orders of commanders and superiors.
I swear to fulfill my military duty with dignity, to courageously defend the freedom, independence and constitutional order of Russia, the people and the Fatherland."
Article 41
1. The military oath is taken:
upon arrival of a serviceman to the first place of military service after undergoing initial military training, the period of which should not exceed two months;
upon arrival of a citizen to the first place of military training.
Before taking the Military Oath:
a serviceman cannot be involved in the performance of combat missions (participation in hostilities, combat duty, combat service, guard duty) and tasks during the introduction of a state of emergency and in armed conflicts;
military personnel may not be assigned weapons and military equipment;
may not be imposed on a soldier disciplinary action in the form of an arrest.
2. Taking the military oath is carried out in the manner determined by the general military regulations of the Armed Forces of the Russian Federation.
Article 42. Military posts
1. A serviceman performs military service in a military position, except for the cases specified in paragraphs 4 and 5 of this article.
A serviceman may hold only one military position (position).
2. Each military position (position) must correspond to one military rank.
3. A single list of military positions to be filled by senior officers in the Armed Forces of the Russian Federation, other troops, military formations and bodies, and the total number of military positions to be filled by colonels, captains of the 1st rank in the Armed Forces of the Russian Federation, other troops, military formations and bodies are approved by the President of the Russian Federation.
Lists of other military posts are approved in the manner determined by the Minister of Defense of the Russian Federation or the head of the relevant federal executive body in which military service is provided for by this Federal Law.
The lists of military positions define military positions that can be filled by female military personnel, civilian personnel or are replaced on a competitive basis.
4. A serviceman may perform military service other than in military positions in the following cases:
being at the disposal of the commander (chief) - no more than three months;
being at the disposal of the commander (chief) in connection with the conduct of organizational and staff activities - no more than six months;
being at the disposal of the commander (chief) in connection with the initiation of a criminal case against a serviceman - until a decision is made on the criminal case;
secondment to the bodies, organizations and institutions specified in paragraph 1 of Article 44 of this Federal Law;
in other cases established by the Regulations on the procedure for performing military service.
Article 43. Appointment to military posts, release from military posts
1. Appointment to military positions and dismissal from military positions are carried out:
military personnel for whom the state provides for the military ranks of senior officers - by decrees of the President of the Russian Federation;
the rest of the military - in the manner prescribed by the Regulations on the procedure for military service.
2. A serviceman may be entrusted with the temporary performance of duties in a military position that he does not hold, with his release from the performance of duties in his military position - for a period determined by the Regulations on the procedure for performing military service.
3. A serviceman performing military service under a contract shall have the right to propose his candidacy for consideration by the relevant attestation commission for appointment to a vacant or vacant military position.
4. Carrying out a planned replacement of military personnel undergoing military service under a contract in the regions of the Far North and equivalent areas, areas with adverse climatic or environmental conditions, as well as in military units who are outside the Russian Federation is carried out in accordance with the Regulations on the procedure for performing military service.
The terms of military service in the indicated regions, localities and military units are determined by the Government of the Russian Federation.
Article 44. Secondment and transfer of military personnel
1. Servicemen may be seconded to federal state authorities, other state bodies and institutions, state authorities of the constituent entities of the Russian Federation, international organizations in accordance with the international treaties of the Russian Federation, to state unitary enterprises whose property is in federal ownership, joint-stock companies, 100 percent of whose shares are in federal ownership and which perform work in the interests of national defense and state security.
The procedure for secondment of military personnel, the specifics of their military service are determined by the Regulations on the procedure for military service. The total number of seconded military personnel and the procedure for their provision allowance and other types of allowances, as well as the peculiarities of secondment of military personnel of the Federal Security Service of the Russian Federation, foreign intelligence agencies and federal state security agencies are determined by the President of the Russian Federation.
2. Servicemen, in the manner determined by the Regulations on the procedure for performing military service, may be transferred for further military service:
from the Armed Forces of the Russian Federation to the federal executive body in which this Federal Law provides for military service;
from the federal executive body, in which this Federal Law provides for military service, to the Armed Forces of the Russian Federation;
from one federal executive body, in which this Federal Law provides for military service, to another federal executive body, in which this Federal Law provides for military service.
Article 45. Suspension of military service
Military personnel elected by deputies State Duma of the Federal Assembly of the Russian Federation, deputies of legislative (representative) bodies of constituent entities of the Russian Federation, heads of executive bodies of state power of constituent entities of the Russian Federation, deputies of representative bodies of local self-government and heads of municipalities and exercising these powers on a permanent basis, as well as military personnel exercising the powers of members of the Federation Council of the Federal Assembly of the Russian Federation, military service in their position is suspended for the entire term of their powers in these bodies with the termination of the contract on their military service and the offset of the period of suspension of military service in the length of service of the serviceman.
From the date of termination of the grounds for suspension of military service, military personnel enter into a new contract for military service or are dismissed from military service on the grounds and in the manner provided for by this Federal Law.
Article 46
1. In the Armed Forces of the Russian Federation, other troops, military formations and bodies, the following compositions of military personnel and military ranks are established:
Soldiers, sailors, ordinary sailor
sergeants, corporal senior sailor
foremen junior sergeant foreman 2 articles
sergeant foreman 1 article
senior sergeant chief foreman
foreman chief ship
foreman
Ensign Ensign midshipman
and midshipmen senior warrant officer senior midshipman
Officers:
junior officers junior lieutenant junior lieutenant
lieutenant lieutenant
senior lieutenant senior lieutenant
captain captain lieutenant
senior officers major captain 3rd rank
lieutenant colonel captain 2nd rank
colonel captain 1st rank
senior officers major general rear admiral
lieutenant general vice admiral
colonel general admiral
General of the Army Admiral of the Fleet
Marshal of the Russian Federation
2. Before the military rank of a serviceman serving in a guards military unit, on a guards ship, the word "guards" is added.
3. To the military rank of a serviceman who has a military registration specialty of legal or medical profile, the words "justice" or "medical service" are added respectively.
4. To the military rank of a citizen who is in the reserve or retired, the words "reserve" or "retired" are added, respectively.
5. For persons who are not military personnel, it is prohibited to introduce special ranks or class ranks similar to military ranks.
Article 47. Assignment of military ranks
1. Military ranks are assigned to military personnel:
senior officers - by the President of the Russian Federation;
up to a colonel or captain of the 1st rank inclusive - by officials in accordance with the Regulations on the procedure for performing military service.
The terms of military service in military ranks and the procedure for their assignment are determined by the Regulations on the procedure for performing military service.
2. The next military rank is assigned to a serviceman on the day of the expiration of his military service in the previous military rank, if he occupies a military position (position), for which the state provides for a military rank equal to or higher than the military rank assigned to the serviceman.
3. A soldier who has the military rank of an officer and is successfully studying full-time in a military educational institution of higher professional education, as well as in postgraduate or military doctoral studies, the next military rank up to lieutenant colonel or captain 2nd rank inclusive is assigned on the day of the expiration of his military service in previous military rank, regardless of the military position (position) that he held before entering the specified educational institution.
4. The next military rank to a soldier may be awarded ahead of schedule for special personal merits, but not higher than the military rank provided by the state for the military position (position) he occupies.
5. A serviceman whose term of military service in the assigned military rank has expired, for special personal merits, may be awarded a military rank one step higher than the military rank provided by the state for his military position (position), but not higher than the military rank of major or captain 3 rank.
6. Upon entering the military service of a citizen who is serving or has served in the internal affairs bodies, institutions and bodies of the penal system or other law enforcement agencies, he is awarded a military rank in the manner determined by the Regulations on the procedure for military service. (as amended by Federal Law No. 117-FZ of July 21, 1998) (see the text in the previous edition)
Article 48
1. A serviceman, as well as a citizen who is in the reserve or retired, may be deprived of his military rank only by a court verdict for committing a grave or especially grave crime.
2. A citizen deprived of a military rank, after the removal or cancellation of a criminal record, may be reinstated in the previous military rank by an official who has the right to assign this military rank in accordance with the Regulations on the procedure for military service.
3. A conscripted military serviceman may be reduced in military rank, as well as reinstated in his former military rank in the manner determined by the Disciplinary Charter of the Armed Forces of the Russian Federation.
Article 49
1. The age limit for military service is established for:
Marshal of the Russian Federation, Army General, Fleet Admiral, Colonel General, Admiral - 60 years;
lieutenant general, vice admiral, major general, rear admiral - 55 years;
colonel, captain of the 1st rank - 50 years;
a serviceman with a different military rank - 45 years.
2. For female military personnel, the age limit for military service is set at 45 years.
3. With military personnel who have reached the age limit for military service, a contract for military service may be concluded for a period of up to 10 years in the manner determined by the Regulations on the procedure for performing military service, but not more than they reach the age of 65 years.
Section VII. DISMISSAL FROM MILITARY SERVICE
Article 50. General provisions for dismissal from military service
1. Dismissal from military service of senior officers is carried out by the President of the Russian Federation, and military personnel in military ranks up to colonels, captains of the 1st rank inclusive - in the manner established by the Regulations on the procedure for military service.
2. Servicemen are retired from military service to the reserve, and servicemen who have reached the age limit for being in the reserve by the time they are discharged from military service or are recognized as unfit for military service, to retire.
Article 51. Grounds for dismissal from military service
1. A serviceman is subject to dismissal from military service:
a) by age - upon reaching the age limit for military service;
b) upon expiration of the period of military service by conscription or the term of the contract;
c) for health reasons - in connection with the recognition of him by the military medical commission as unfit for military service;
d) in connection with the recognition by the military medical commission of limited fit for military service of a serviceman who is doing military service under a contract in a military position for which the state provides for a military rank up to and including senior warrant officer or senior midshipman, or undergoing military service by conscription;
e) in connection with the deprivation of his military rank;
f) in connection with the entry into force of a court verdict on imposing a sentence of imprisonment on a serviceman;
g) in connection with expulsion from a military educational institution of vocational education.
2. A serviceman performing military service under a contract may be early dismissed from military service:
a) in connection with organizational and staff activities;
b) in connection with the transfer to the service in the internal affairs bodies, institutions and bodies of the penal system, federal tax police bodies or customs bodies of the Russian Federation; (as amended by Federal Law No. 117-FZ of July 21, 1998) (see the text in the previous edition)
c) in connection with his failure to fulfill the terms of the contract. Soldier retired from this reason, at the time of dismissal, who has not completed his term of military service by conscription, is sent for military service by conscription with enrollment of two months of military service under a contract for one month of military service by conscription;
d) in connection with the refusal of access to state secrets or the deprivation of the said access;
e) in connection with the entry into force of a court verdict on imposing a suspended sentence on a serviceman.
3. A serviceman doing military service under a contract has the right to early dismissal from military service:
a) in connection with a significant and (or) systematic violation of the terms of the contract in relation to him;
b) in connection with his recognition by the military medical commission as partially fit for military service;
c) by family circumstances:
in connection with the impossibility of residence of a family member of a military medical indications in the area in which the serviceman is doing military service, and in the absence of the possibility of transferring the serviceman to a new place of military service, favorable for the residence of the specified family member;
in connection with a change in the place of military service of the husband - a military man (wife - a military man), associated with the need to move the family to another locality;
in connection with the need for constant care for a father, mother, wife, husband, brother, sister, grandfather, grandmother or adoptive parent who, for health reasons, in accordance with the conclusion of the public service medical and social examination body at their place of residence in permanent outside care (assistance, supervision) or who are invalids of the first or second group or persons who have reached the retirement age due to old age or have not reached the age of 18, in the absence of other persons obliged by law to support these citizens;
in connection with the need to care for a child under the age of 18, whom a serviceman is raising without a mother (father);
d) in connection with the exercise of his powers as a member of the Federation Council of the Federal Assembly of the Russian Federation;
e) in connection with his election as a deputy of the State Duma of the Federal Assembly of the Russian Federation, a deputy of the legislative (representative) body of a constituent entity of the Russian Federation, head executive body state power of a constituent entity of the Russian Federation or a deputy of a representative body of local self-government or the head of a municipality and the exercise of these powers on an ongoing basis.
A serviceman dismissed from military service on the grounds provided for in subparagraphs "a", "d" and "e" of this paragraph shall be subject to the rights and benefits provided for by the legislation of the Russian Federation on the status of military personnel for servicemen dismissed from military service in connection with organizational - regular activities.
4. A serviceman who does not have the military rank of an officer and who is doing military service by conscription has the right to early dismissal from military service if he has the circumstances provided for by subparagraph "e" of paragraph 1 of Article 23 and subparagraphs "b", "c", " d", "e" and "e" of paragraph 1 of Article 24 of this Federal Law.
5. A serviceman who has the military rank of an officer and is doing military service by conscription has the right to early dismissal from military service if he has the circumstances provided for in subparagraph "e" of paragraph 1 of Article 23 and subparagraphs "a", "b" and "c "Clause 1 of Article 24 of this Federal Law.
6. A serviceman performing military service under a contract, upon the conclusion of an attestation commission, may be dismissed from military service ahead of schedule on own will if he has good reason.
7. The deceased (dead) serviceman is excluded from the lists of personnel of the military unit with next day after the day of death or death, and a serviceman, in the manner prescribed by law, recognized as missing or declared dead - after the day the relevant court decision enters into legal force.
Section VIII. RESERVE OF THE ARMED FORCES OF THE RUSSIAN FEDERATION,
FOREIGN INTELLIGENCE SERVICES OF THE RUSSIAN FEDERATION, FEDERAL
SECURITY SERVICES OF THE RUSSIAN FEDERATION
Article 52
1. The reserve of the Armed Forces of the Russian Federation is created from among the citizens of:
dismissed from military service with enrollment in the reserve;
those who have completed training under the training program for reserve officers at military departments at state, municipal or state-accredited non-state educational institutions of higher professional education in the relevant areas of training (specialties);
those who have not completed military service due to exemption from conscription for military service;
those who have not completed military service in connection with the provision of deferrals upon reaching the age of 27 years;
not called up for military service for any other reason;
who have completed alternative civilian service;
females with a military specialty.
The reserve of the Foreign Intelligence Service of the Russian Federation and the Federal Security Service of the Russian Federation is created in the manner determined by this Federal Law, other federal laws and other regulatory legal acts of the Russian Federation.
2. A citizen who has successfully completed training under the reserve officer training program at a military department at a state, municipal or state-accredited non-state educational institution of higher professional education in the relevant areas of training (specialties), simultaneously with enrollment in the reserve, is awarded the military rank of officer by the Minister of Defense of the Russian Federation .
Soldiers, sailors, sergeants, foremen, warrant officers and midshipmen of the reserve who have received higher professional or secondary professional education in a civilian specialty, related in the profile of training of the corresponding military - registration specialty, by the Minister of Defense of the Russian Federation may be awarded the military rank of reserve officer after their certification in accordance with the procedure determined by the Regulations on the procedure for military service.
3. To a citizen who has not completed military service due to exemption from conscription for military service or granting him a deferment, as well as to a citizen deprived of his military rank by a court decision, simultaneously with enrollment in the reserve by a military commissar or an official of another body that maintains military records, conferred the rank of private or sailor.
4. A citizen who is in reserve undergoes a medical examination to determine his fitness for military service in accordance with the Regulations on military medical examination.
5. For citizens serving in internal affairs bodies, institutions and bodies of the penal system, federal bodies of the tax police and customs bodies of the Russian Federation, the military registration specialty is established by the Minister of Defense of the Russian Federation in agreement with the heads of these bodies. (as amended by Federal Law No. 117-FZ of July 21, 1998) (see the text in the previous edition)
Article 53. Composition of stock
1. Citizens in the reserve are divided into three categories:
|
Stock compositions |
Age of citizens |
||
|
the first |
second |
third |
|
Soldiers, sailors, sergeants,
foremen, warrant officers and
midshipmen up to 35 years old up to 45 years old up to 50 years old
Junior officers up to 45 years old up to 50 years old up to 55 years old
Majors, captains of the 3rd rank,
lieutenant colonels,
captains of the 2nd rank under 50 years old up to 55 years old up to 60 years old
Colonels, captains of the 1st rank up to 55 years old up to 60 years old
Senior officers under 60 under 65
2. 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.
3. 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 this Federal Law, is transferred by the military commissar or an official of another body that maintains military records, into retirement and removed from the military accounting.
Article 54
1. To prepare for military service, citizens who are in the reserve may be called up for military training.
Conducting military training for other purposes is not allowed.
2. The duration of military training, the place and time of their conduct are determined by the Ministry of Defense of the Russian Federation or the federal executive body in which military service is provided for by this Federal Law.
3. The duration of the military muster may not exceed two months. The total duration of military training, to which a citizen is involved during his stay in the reserve, cannot exceed 12 months.
4. The frequency of conscription of citizens for military training cannot be more than once every three years.
Article 55
1. Female citizens are exempted from military training.
2. The following are also exempt from military dues:
a) citizens reserved for public authorities, local authorities and organizations for the period of mobilization and in wartime;
b) employees of internal affairs bodies, institutions and bodies of the penitentiary system, federal bodies of the tax police and customs authorities of the Russian Federation; (as amended by Federal Law No. 117-FZ of July 21, 1998) (see the text in the previous edition)
c) civilian personnel of the Armed Forces of the Russian Federation, other troops, military formations and bodies, as well as internal affairs bodies, institutions and bodies of the penal system, federal tax police bodies and customs bodies of the Russian Federation; (as amended by Federal Law No. 117-FZ of July 21, 1998) (see the text in the previous edition)
d) flight and technical staff, as well as workers and employees of aviation and railway transport, directly carrying out and providing transportation or engaged in the maintenance and repair of aircraft (helicopters), airfield equipment, rolling stock and railway transport devices;
e) floating composition of ships navy, as well as the floating composition of the river fleet and the fleet of the fishing industry - during the navigation period;
f) citizens directly engaged in sowing and harvesting - during the period of such work;
g) citizens who are teaching staff of educational institutions;
h) citizens studying full-time and part-time (evening) forms of education in educational institutions;
i) citizens studying by correspondence in educational institutions - for the period of examination and credit sessions and writing thesis;
j) citizens discharged from military service - within two years from the date of transfer to the reserve;
k) citizens who have three or more minor children;
l) citizens who have a deferment from conscription for military service on the grounds provided for in Article 24 of this Federal Law, with the exception of the grounds provided for in subparagraphs "d" and "e" of paragraph 1 of this article;
m) citizens staying outside the Russian Federation;
n) members of the Federation Council of the Federal Assembly of the Russian Federation, deputies of the State Duma of the Federal Assembly of the Russian Federation, deputies of legislative (representative) bodies of constituent entities of the Russian Federation, heads of executive bodies of state power of constituent entities of the Russian Federation, as well as deputies of representative bodies of local self-government or heads of municipalities who exercise their powers on a permanent basis.
3. The military commissar has the right to release a citizen from conscription for military training if there are good reasons.
Article 56
1. The procedure for passing military training by citizens in the reserve is determined by the Regulations on the conduct of military training, approved by the Government of the Russian Federation.
2. Material support for citizens undergoing military training is carried out at the expense of the federal budget in the manner and in the amount determined by the Regulations on military training.
Article 57
1. Citizens who are in the reserve, the next military ranks may be awarded on the proposal of the official who led military fees, only after passing military training and passing tests established by the Minister of Defense of the Russian Federation, but not more than twice during the stay of these citizens in the reserve:
a) to a soldier, sailor, sergeant, foreman, warrant officer and midshipman:
up to foreman, chief ship foreman inclusive - military commissar;
up to senior warrant officer, senior midshipman inclusive - military commissar of a constituent entity of the Russian Federation;
b) an officer:
up to major, captain of the 3rd rank inclusive - by the commander of the troops of the military district;
up to colonel, captain of the 1st rank inclusive - by the Minister of Defense of the Russian Federation.
2. Citizens who are in the reserve and do not have the military rank of officer, who have successfully passed tests under the training program for reserve officers during military training, may be awarded the military rank of officer by the Minister of Defense of the Russian Federation.
3. Employees of internal affairs bodies, institutions and bodies of the penal system, federal bodies of the tax police, customs bodies of the Russian Federation, as well as persons dismissed from service in these institutions and bodies, who are in reserve, are assigned military ranks by the Minister of Defense of the Russian Federation in an attestation order, taking into account their special ranks. (as amended by Federal Law No. 117-FZ of July 21, 1998) (see the text in the previous edition)
4. Citizens who are in the reserve of the Foreign Intelligence Service of the Russian Federation and the Federal Security Service of the Russian Federation are awarded military ranks in the manner established by the regulatory legal acts of the Russian Federation.
Section IX. FINAL PROVISIONS
Article 58
Regulatory legal acts adopted by the High Command of the United Armed Forces of the Commonwealth of Independent States prior to the formation of the Armed Forces of the Russian Federation, by the High Command of the Border Troops of the Commonwealth of Independent States prior to the formation of the Border Troops of the Russian Federation on issues regulated by this Federal Law shall remain in force to the extent not contradicting this Federal law.
Article 59
Citizens who have been exempted from conscription for military service or who have been granted a deferment from conscription for military service in accordance with the USSR Law "On General Military Duty" and the Law of the Russian Federation "On Military Duty and Military Service" enjoy the said exemptions and deferrals until expiration of their validity or until the disappearance of their grounds. Citizens serving in internal affairs bodies, institutions and bodies of the penal system on the day this Federal Law enters into force, for the duration of service in these institutions and bodies, also have the right to deferment from military service. (as amended by Federal Law No. 117-FZ of July 21, 1998) (see the text in the previous edition)
Article 60
Military service contracts concluded prior to the entry into force of this Federal Law shall be valid for the periods for which they were concluded.
Article 61
The duration of the active military service of a serviceman until March 1, 1993 is included in the total duration of his military service.
Article 62
Military personnel and citizens who are in the reserve or who are retired retain military ranks that are not provided for by this Federal Law and were previously assigned to them.
Article 63
Propose to the President of the Russian Federation and instruct the Government of the Russian Federation to bring their regulatory legal acts in line with this Federal Law.
Article 64
In connection with the adoption of this Federal Law, to recognize as invalid:
Law of the Russian Federation "On military duty and military service" (Bulletin of the Congress of People's Deputies of the Russian Federation and Supreme Council Russian Federation, 1993, N 9, art. 325);
Decree of the Supreme Council of the Russian Federation "On the Procedure for Enacting the Law of the Russian Federation "On Military Duty and Military Service" dated February 11, 1993 N 4457-1 (Bulletin of the Congress of People's Deputies of the Russian Federation and the Supreme Council of the Russian Federation, 1993, N 9, 326);
Decree of the Supreme Council of the Russian Federation "On certain measures related to the implementation of the Law of the Russian Federation "On military duty and military service" dated May 19, 1993 N 4983-1 (Bulletin of the Congress of People's Deputies of the Russian Federation and the Supreme Council of the Russian Federation, 1993, N 24, article 859);
Decree of the Supreme Council of the Russian Federation "On Amendments to the Decrees of the Supreme Council of the Russian Federation" On the Procedure for Enacting the Law of the Russian Federation "On Defense" and "On the Procedure for Enacting the Law of the Russian Federation "On Military Duty and Military Service" dated July 23, 1993 g. N 5506-1 (Bulletin of the Congress of People's Deputies of the Russian Federation and the Supreme Council of the Russian Federation, 1993, N 32, item 1270);
Approved
Federation Council
March 12, 1998
(as amended by Federal Laws No. 117-FZ dated July 21, 1998,
dated 07.08.2000 N 122-FZ, dated 07.11.2000 N 135-FZ, dated 12.02.2001 N 15-FZ,
dated 12.02.2001 N 16-FZ, dated 19.07.2001 N 102-FZ, dated 13.02.2002 N 20-FZ,
dated 05/21/2002 N 56-FZ, dated 06/28/2002 N 75-FZ, dated 07/25/2002 N 112-FZ,
dated 25.07.2002 N 113-FZ, dated 25.07.2002 N 116-FZ, dated 30.12.2002 N 186-FZ,
No. 27-FZ of 22.02.2003, No. 86-FZ of 30.06.2003, No. 141-FZ of 11.11.2003,
dated 22.02.2004 N 4-FZ, dated 22.04.2004 N 20-FZ, dated 26.04.2004 N 29-FZ,
dated 19.06.2004 N 53-FZ, dated 29.06.2004 N 58-FZ,
as amended by Federal Law No. 186-FZ of December 23, 2003)
This Federal Law exercises legal regulation in the field of military duty and military service in order to fulfill the citizens of the Russian Federation of the constitutional duty and obligation to protect the Fatherland, as well as the legal regulation of the entry into military service and military service in the Russian Federation of foreign citizens (as amended by the Federal Law of 11.11.2003 N 141-FZ, see the text in the previous edition).
Section I. GENERAL PROVISIONS
Article 1. Conscription
1. Conscription of citizens of the Russian Federation (hereinafter referred to as citizens) provides for:
- military registration;
- Compulsory training for military service;
- conscription for military service;
- military service on conscription;
- stay in reserve;
- call for military training and passing military training during the period of stay in the reserve.
2. During the period of mobilization, during the period of martial law and in wartime, the military duty of citizens is determined by federal constitutional laws, federal laws, other regulatory legal acts of the Russian Federation and also provides for:
- conscription for military service for mobilization, during martial law and in wartime;
- military service during the period of mobilization, during martial law and in wartime;
- military training during martial law and in wartime.
3. Citizens are released from the performance of military duty only on the grounds provided for by this Federal Law.
4. Citizens have the right to fulfill their constitutional duty to defend the Fatherland by voluntarily entering military service in the manner prescribed by this Federal Law.
5. Citizens have the right to replace military service with alternative civilian service in accordance with the Constitution of the Russian Federation and federal law.
6. The performance of military duty by citizens is ensured within their competence by public authorities, other state bodies and institutions, local governments, organizations, regardless of organizational and legal forms and forms of ownership (hereinafter - organizations) and their officials.
7. Compensation for expenses incurred by organizations and citizens in connection with the implementation of this Federal Law shall be carried out at the expense of the federal budget in the manner determined by the Government of the Russian Federation.
Article 2. Military service. military personnel
1. Military service - a special type of federal public service performed by citizens in the Armed Forces of the Russian Federation, as well as in the border troops, in the internal troops of the Ministry of Internal Affairs of the Russian Federation, in the civil defense troops (hereinafter referred to as other troops), engineering and technical and road -construction military formations under the federal executive authorities (hereinafter referred to as military formations), the Foreign Intelligence Service of the Russian Federation, bodies federal service security, the federal body for special communications and information, the federal bodies of state protection, the federal body for providing mobilization training of state authorities of the Russian Federation (hereinafter referred to as bodies), military units of the State Fire Service of the Ministry of the Russian Federation for Civil Defense, Emergencies and Elimination of Consequences of Natural Disasters and special formations created for wartime, as well as by foreign citizens in the Armed Forces of the Russian Federation, other troops, military formations and bodies (as amended by Federal Laws of July 25, 2002 N 116-FZ, 11.11.2003 N 141-FZ, dated 06.29.2004 N 58-FZ, see the text in the previous edition).
2. Military service is carried out:
- citizens - by conscription and on a voluntary basis (under contract);
- by foreign citizens - under a contract in military positions to be replaced by soldiers, sailors, sergeants and foremen in the Armed Forces of the Russian Federation, other troops, military formations and bodies (clause 2 as amended by Federal Law of 11.11.2003 N 141-FZ, see text in previous edition).
3. Citizens (foreign citizens) performing military service are military personnel and have a status established by federal law
4. Citizens (foreign citizens) performing military service are subject to mandatory state fingerprint registration in accordance with the legislation of the Russian Federation (clause 4 was introduced by Federal Law No. 135-FZ of 07.11.2000, as amended by Federal Law No. 29 of 26.04.2004 -FZ, see the text in the previous edition).
5. Information about military personnel is entered into their personal files and military registration documents, the maintenance and storage of which are carried out in the manner established by legislative and other regulatory legal acts of the Russian Federation.
Article 3. Legal basis for military duty and military service
The legal basis for military duty and military service is the Constitution of the Russian Federation, this Federal Law, other federal laws and other regulatory legal acts of the Russian Federation in the field of defense, military duty, military service and the status of military personnel, international treaties of the Russian Federation.
Article 4
1. Heads, other officials (employees) of organizations responsible for military registration work, officials of local self-government bodies responsible for military registration work are obliged:
- notify citizens about calls (summons) of military commissariats of districts, cities without district division, other municipal (administrative-territorial) formations (hereinafter referred to as military commissariats) or other bodies that carry out military registration;
- provide citizens with the possibility of timely appearance on calls (summons) of military commissariats or other bodies that carry out military registration;
- send, within two weeks, at the request of military commissariats or other bodies that carry out military registration, the information necessary for entering into military registration documents about citizens entering military registration, being on military registration, as well as not being, but obliged to be on military registration.
2. The heads of organizations that operate residential premises, officials (employees) of these organizations responsible for military registration work, are obliged to report within two weeks to military commissariats or other bodies that carry out military registration, information about changes in the composition of citizens permanently residing or staying for more than three months, who are or are required to be registered with the military.
3. Bodies of internal affairs, within their competence, are obliged to:
- send, within two weeks, at the request of military commissariats or other bodies that carry out military registration, information about citizens who are registered with the military to be entered into military registration documents;
- to search for and, if there are legal grounds, to detain citizens who evade military registration, conscription for military service or military training, military service or military training;
- send within two weeks to the military commissariats or other bodies that carry out military registration, information on cases of identifying citizens who are not registered, but are obliged to be on military registration, as well as information on persons who have received citizenship of the Russian Federation and are subject to military registration.
4. The civil status registration authorities are obliged to report to the military commissariats or other bodies that carry out military registration, within two weeks, information on amendments to the civil status acts of citizens who are or are required to be on military registration.
5. Bodies of inquiry and bodies of preliminary investigation are obliged within two weeks to inform the military commissariats or other bodies that carry out military registration about the initiation or termination of criminal cases against citizens who are or are obliged to be registered with the military, or about sending these criminal cases to the court.
6. Federal courts, within two weeks, report to the military commissariats or other bodies that carry out military registration:
- on the initiation or termination of criminal cases by them against citizens who are or are required to be registered with the military;
- on sentences that have entered into force against citizens who are or are required to be registered with the military, with the direction to the military commissariats or other bodies that carry out military registration, military documents of citizens sentenced to compulsory labor, corrective labor, restriction of liberty, arrest or deprivation freedom.
7. Public service bodies medical and social expertise are obliged, within two weeks, to report to the military commissariats or other bodies that carry out military registration, information on the recognition of disabled citizens who are or are required to be on military registration.
Article 5
1. To conduct a medical examination, medical examination and medical examination when registering for military service, conscription or entering military service under a contract, conscription for military training, medical re-examination, previously recognized as limited fit for military service for health reasons, as well as for the implementation other activities related to conscription or entry into military service under a contract and conscription for military training, executive authorities in the Russian Federation and local governments are obliged to ensure the provision of equipped territories and premises, medicines, medical equipment, tools, property, transport, attract for carrying out the specified activities of the necessary medical specialists, nursing staff, other specialists and technical workers (as amended by the Federal Law of November 11, 2003 N 141-FZ, see the text in the previous edition).
2. Citizens participating in activities to ensure the fulfillment of military duty or entry into military service under a contract, for the time of participation in these activities at their place of permanent work, are paid average earnings, they are reimbursed for expenses associated with hiring (sub-hiring) housing and paying for travel to another locality and back, as well as travel expenses (as amended by Federal Law No. 141-FZ of November 11, 2003, see the text in the previous edition).
Article 6
1. Citizens for the period of a medical examination, medical examination or treatment to resolve issues of their military registration, mandatory preparation for military service, conscription or voluntary entry into military service, conscription for military training, as well as for the duration of their execution of other duties related to military registration, mandatory training for military service, conscription or voluntary entry into military service and conscription for military training, are exempted from work or study, retaining their place of permanent work or study and payment of average earnings or scholarships at the place of permanent work or study in the amount of not more than 1,000 rubles, they are reimbursed for the costs associated with hiring (sub-renting) housing and paying for travel from their place of residence (work, study) and back, as well as travel expenses (as amended by Federal Law No. 07.08.2000 122-FZ, see the text in the previous edition).
2. Citizens are exempted from work or study for the duration of military training, retaining their place of permanent work or study and payment of average earnings or scholarships at the place of permanent work or study in the amount of not more than 1,000 rubles. They are also paid a salary for a military position provided for by the state of a military unit, a ship, an institution, an organization of the Armed Forces of the Russian Federation, other troops, military formations and bodies (hereinafter referred to as a military unit), a salary for a military rank and travel expenses are reimbursed for the time spent on the road (as amended by Federal Law No. 122-FZ of August 7, 2000, see the text in the previous edition).
Article 7. Liability of Citizens and Officials for Violation of this Federal Law
1. In case of non-appearance of citizens at the place and time specified in the agenda of the military commissariat or other body conducting military registration without good reason, as well as in other cases established by this Federal Law, they are held liable in accordance with the legislation of the Russian Federation.
2. Valid reasons for the non-appearance of a citizen on the agenda of the military commissariat or other body that carries out military registration, subject to documentary confirmation of the reason for the non-appearance, are:
- illness or injury of a citizen associated with disability;
- the serious state of health of the father, mother, wife, husband, son, daughter, brother, sister, grandfather, grandmother or adoptive parent of a citizen or participation in the funeral of these persons;
- an obstacle that has arisen as a result of force majeure, or another circumstance that does not depend on the will of the citizen;
- other reasons recognized as valid by the draft commission, the commission for the initial military registration (by the military commissar - for citizens called up for military service from the reserve) or by the court.
3. Specialist doctors participating in medical examinations, medical examinations and medical examinations of citizens in connection with their military registration, conscription for military service or voluntary entry into military service, conscription for military training, members of draft commissions, officials of state bodies authorities, local self-government bodies and organizations that contribute by their actions to citizens evading military duty or illegal conscription of citizens for military service, as well as preventing citizens from performing military duty or not fulfilling the duties established by legislative and other regulatory legal acts of the Russian Federation, are held accountable provided by the legislation of the Russian Federation.
Section II. MILITARY RECORD
Article 8
1. Citizens are required to be on military registration, with the exception of citizens:
- exempted from performance of military duty in accordance with this Federal Law;
- performing military service or alternative civilian service;
- serving a sentence of imprisonment;
- women who do not have a military registration specialty;
- Permanently residing outside the Russian Federation.
The procedure and features of the military registration of citizens serving in the internal affairs bodies, the State Fire Service of the Ministry of the Russian Federation for Civil Defense, emergencies and elimination of consequences of natural disasters, institutions and bodies of the penitentiary system and bodies for control over the turnover drugs and psychotropic substances are determined by the Government of the Russian Federation (as amended by Federal Laws No. 117-FZ of July 21, 1998, No. 116-FZ of July 25, 2002, and No. 86-FZ of June 30, 2003, see the text in the previous version).
2. Military registration of citizens is carried out at their place of residence by military commissariats. In settlements where there are no military commissariats, primary military registration is carried out by local governments.
3. Military registration of citizens who have military ranks of officers and who are in the reserve of the Foreign Intelligence Service of the Russian Federation and the Federal Security Service of the Russian Federation, is carried out by these bodies in the same manner as determined by this Federal Law (as amended by Federal Law of 06/30/2003 N 86-FZ, see the text in the previous edition)
4. Documents of military registration must contain the following information about a citizen:
- surname, name and patronymic;
- Date of Birth;
- place of residence;
- marital status;
- education;
- place of work;
- fitness for military service for health reasons;
- professional suitability for training in military registration specialties and for military service in military positions;
- basic anthropometric data;
- military service or alternative civilian service;
- passing military training;
- knowledge of foreign languages;
- the presence of military registration and civilian specialties;
- the presence of the first sports category or sports title;
- initiation or termination of a criminal case against a citizen;
- having a criminal record;
- reservation of a citizen who is in reserve, for a state authority, local government or organization for the period of mobilization and in wartime.
5. The collection, storage, use and dissemination of information contained in military registration documents are carried out in accordance with federal law.
6. The procedure for military registration of citizens is determined by this Federal Law and the Regulations on military registration, approved by the Government of the Russian Federation.
7. Bodies of state power, bodies of local self-government, organizations and their officials perform the duties of organizing and maintaining military registration of citizens in accordance with this Federal Law and the Regulations on military registration.
8. Citizens permanently residing outside the Russian Federation and who have expressed a desire to perform military service by conscription in military positions filled by soldiers, sailors, sergeants and foremen in the Armed Forces of the Russian Federation, other troops, military formations and bodies, can be put on military registration in military commissariats on the territory of the Russian Federation in the manner determined by the Regulations on military registration, subject to the conclusion and ratification by the Russian Federation of the relevant international treaties.
Article 9
1. The initial military registration of male citizens is carried out in the period from January 1 to March 31 in the year they reach the age of 17 by a commission for military registration of citizens created in a district, city without district division or another municipal (administrative- territorial) formation.
2. Officials of organizations or educational institutions are obliged to provide citizens working or studying in these organizations or institutions with the possibility of timely appearance on the agenda of the military commissariat for military registration.
3. In the event that citizens subject to military registration do not work or study, upon receipt of the summons from the military commissariat, they are obliged to personally arrive at the military commissariat at the place of residence for initial military registration.
4. The initial military registration of female citizens after they have received a military registration specialty, as well as persons who have received citizenship of the Russian Federation, is carried out by the military commissariat throughout the calendar year.
5. The commission for the registration of citizens for military registration is approved by the head of the local self-government body (local administration) in the following composition:
- the military commissar of a district, a city without district division or another municipal (administrative-territorial) entity equal to them (hereinafter referred to as the military commissar) or a deputy military commissar - the chairman of the commission;
- specialist in professional psychological selection;
- secretary of the commission;
- medical specialists.
6. The commission for placing citizens on military registration is obliged to organize a medical examination of citizens, determine their fitness for military service for health reasons, take measures for the professional psychological selection of citizens to determine their suitability for training in military specialties and make a decision on placing a citizen on military registration or to submit for consideration by the draft commission the issue of enrolling in the reserve a citizen recognized as partially fit for military service, or the issue of exemption from military duty of a citizen recognized as unfit for military service.
7. The chairman of the commission for placing citizens on military registration or, on his behalf, the secretary of the commission is obliged to announce to the citizens the decision of the commission and explain their duties on military registration.
Article 10
1. In order to ensure military registration, citizens are obliged to:
- be registered at the place of residence in the military commissariat, in a settlement where there are no military commissariats, - in local governments, and citizens who have military ranks of officers and are in the reserve of the Foreign Intelligence Service of the Russian Federation and the Federal Security Service of the Russian Federation, - in the indicated bodies (as amended by the Federal Law of June 30, 2003 N 86-FZ, see the text in the previous edition);
- appear at the appointed time and place on a call (summon) to the military commissariat or other body that carries out military registration, at the place of residence or place of temporary stay;
- upon dismissal from military service to the reserve of the Armed Forces of the Russian Federation, appear within two weeks from the date of their exclusion from the lists of personnel of the military unit to the military commissariat or other body that carries out military registration at the place of residence for military registration;
- report within two weeks to the military commissariat or other body that carries out military registration at the place of residence about a change in marital status, education, place of work or position, place of residence within the district, city without district division or other municipality;
- be removed from military registration when moving to a new place of residence or place of temporary residence (for a period of more than three months), as well as when leaving the Russian Federation for a period of more than six months, and get on military registration within two weeks upon arrival at a new place of residence, place of temporary stay or return to the Russian Federation;
- carefully store a military ID (a temporary certificate issued in exchange for a military ID), as well as a certificate of a citizen subject to conscription for military service. In case of loss of these documents, within two weeks, contact the military commissariat or other body that carries out military registration at the place of residence to resolve the issue of obtaining documents to replace the lost ones.
2. Citizens subject to conscription for military service, leaving during the period of conscription for a period of more than three months from their place of residence, must personally report this to the military commissariat or other body that carries out military registration at the place of residence.
3. Citizens also perform other duties established by the Regulations on military registration.
Section III. COMPULSORY AND VOLUNTARY TRAINING
CITIZEN TO MILITARY SERVICE
Article 11. Mandatory preparation of a citizen for military service
1. Mandatory preparation of a citizen for military service provides for:
- obtaining basic knowledge in the field of defense;
note:
In accordance with paragraph 7 of Article 14 of the Law of the Russian Federation of July 10, 1992 N 3266-1, military training in civilian educational institutions can be carried out only on an optional basis with the consent of students and (or) their parents (legal representatives).
- training on the basics of military service in a state, municipal or non-state educational institution of secondary (complete) general education, an educational institution of primary vocational and secondary vocational education and at training centers of organizations;
- military-patriotic education;
- training in military specialties of soldiers, sailors, sergeants and foremen in the direction of the military commissariat;
- medical examination and medical examination;
- Carrying out medical and recreational activities.
2. Mandatory training of citizens for military service is carried out in the manner determined by the Government of the Russian Federation.
Article 12
State educational standards for general and vocational education provide for the acquisition by citizens of basic knowledge about the defense of the state, about the military duty of citizens, as well as the acquisition of skills in the field of civil defense.
Article 13
1. Before being called up for military service, male citizens are trained in the basics of military service in state, municipal and non-state educational institutions of secondary (complete) general education, educational institutions of primary vocational and secondary vocational education during the last two years of study.
Training of citizens in the basics of military service is carried out by full-time teachers of these educational institutions in accordance with state educational standards.
The training of citizens in the basics of military service provides for training sessions with them at the end of their last year of study.
2. Citizens who have reached the age of 16, working in organizations and who have not undergone training in the basics of military service in the educational institutions specified in paragraph 1 of this article, are involved in classes in the basics of military service at training centers created in organizations by local governments in the manner established by the Government of the Russian Federation.
3. Financing of the training of citizens in the basics of military service is carried out in the manner established by the Government of the Russian Federation, at the expense of the federal budget.
Article 14. Military-patriotic education of citizens
1. The Government of the Russian Federation, executive authorities of the constituent entities of the Russian Federation and local governments, together with the Ministry of Defense of the Russian Federation, federal executive authorities in which military service is provided for by this Federal Law, and officials of organizations are required to systematically carry out work on military-patriotic education citizens.
2. Citizens who have been trained in military-patriotic youth and children's associations are given a preferential right to be enrolled in their chosen military schools, provided they meet all the requirements for entering military educational institutions of vocational education.
The training received by citizens in military-patriotic youth and children's associations is taken into account by draft commissions when determining the type and type of troops of the Armed Forces of the Russian Federation, as well as other troops, military formations and bodies in which they will perform military service.
The regulations on the said associations are approved by the Government of the Russian Federation.
3. Financing of activities for the military-patriotic education of citizens is carried out at the expense of the federal budget. Additional financing of this activity can be carried out at the expense of the budgets of the constituent entities of the Russian Federation, local budgets and extra-budgetary funds with the consent of the owners of these funds.
Article 15
1. Training of citizens in the military specialties of soldiers, sailors, sergeants and foremen in public associations and educational institutions of primary vocational and secondary vocational education is carried out in the manner established by the Government of the Russian Federation.
This training is received by male citizens who have reached the age of 17, including students of educational institutions of primary vocational and secondary vocational education, in which such training is an integral part of the professional educational program.
Students (pupils) of other educational institutions do not receive training in the military specialties of soldiers, sailors, sergeants and foremen.
The number of citizens to be trained in the military specialties of soldiers, sailors, sergeants and foremen is determined by the Ministry of Defense of the Russian Federation.
2. A citizen who has mastered the complex military specialty of a soldier, sailor, sergeant, foreman included in the list determined by the Government of the Russian Federation, when called up for military service, has the right to choose the type and type of troops of the Armed Forces of the Russian Federation, other troops, military formations and bodies taking into account the real need for such specialists.
3. Financing and educational and material support of the associations and institutions indicated in paragraph 1 of this article shall be carried out by the Ministry of Defense of the Russian Federation on a contractual basis at the expense of the federal budget.
Article 16
1. A citizen, upon initial military registration, is subject to a medical examination by specialist doctors: a general practitioner, surgeon, neuropathologist, psychiatrist, ophthalmologist, otorhinolaryngologist, dentist, and, if necessary, by doctors of other specialties.
If it is impossible to obtain a medical opinion on the fitness of a citizen for military service for health reasons, the commission for registering citizens for military registration sends him for an outpatient or inpatient medical examination to a medical institution located on the territory of the subject of the Russian Federation in which he lives.
2. If necessary, a citizen may be sent to a medical institution located on the territory of the constituent entity of the Russian Federation in which he lives, to carry out medical and recreational activities in accordance with the legislation of the Russian Federation on the protection of the health of citizens.
Clause 3 of Article 16 in terms of financing medical examinations and health-improving measures at the expense of the federal budget was suspended from January 1 to December 31, 2004 by Federal Law No. 186-FZ of December 23, 2003.
3. Financing of a medical examination, medical examination and medical and recreational activities related to the performance of military duty by citizens is carried out in the manner determined by the Government of the Russian Federation, at the expense of the federal budget.
Article 17. Voluntary preparation of a citizen for military service
1. Voluntary preparation of a citizen for military service provides for:
- engaging in military-applied sports;
- training in additional educational programs aimed at military training of underage citizens in educational institutions of secondary (complete) general education, as well as in military bands of the Armed Forces of the Russian Federation, other troops, military formations and bodies (hereinafter referred to as military bands);
- training under the training program for reserve officers at military departments at a state, municipal or state-accredited non-state educational institution of higher professional education in the relevant areas of training (specialties).
2. Voluntary training of citizens for military service is carried out in the manner determined by the Government of the Russian Federation.
Article 18
1. Citizens subject to conscription for military service have the right to engage in military-applied sports in public associations, educational institutions, sports clubs and sections, regardless of their departmental affiliation.
2. Citizens who, in accordance with the established procedure, have been assigned the first sports category or sports title in a military applied sport, enjoy a priority right when enrolling in military schools or have the right to choose, when called up for military service, the type and type of troops of the Armed Forces of the Russian Federation, other troops, military formations and bodies in accordance with the sports training of these citizens and taking into account the real need for them.
Article 19
1. Educational institutions of secondary (complete) general education with additional educational programs aimed at military training of underage citizens are Suvorov military schools, Nakhimov naval schools and military music schools created by the Government of the Russian Federation. The Government of the Russian Federation has the right to create other educational institutions of secondary (complete) general education with additional educational programs aimed at military training of underage citizens. Regulations on these educational institutions are approved by the Government of the Russian Federation.
2. Training in additional educational programs aimed at military training of underage citizens is also carried out in military bands. The regulation on students of military bands is approved by the Minister of Defense of the Russian Federation or the head of the relevant federal executive body, in which this Federal Law provides for military service.
3. Minor citizens-orphans, as well as minor citizens left without parental care, entering the educational institutions specified in paragraph 1 of this article, or military bands, are enrolled in them without exams based on the results of an interview and a medical examination.
Article 20
1. A citizen who is a full-time student in a state, municipal or state-accredited non-state educational institution of higher professional education in the relevant areas of training (specialties), who is fit for military service for health reasons and meets the requirements established by this Federal Law, has the right to conclude with the Ministry of the Defense of the Russian Federation, a contract on training under the training program for reserve officers at the military department at this educational institution and on conscription military service after receiving the military rank of officer. The specified contract provides for the obligation of a male citizen to perform military service by conscription in the manner established by this Federal Law. A citizen undergoing training under the reserve officer training program is paid an additional scholarship in the manner and amount determined by the Government of the Russian Federation at the expense of the federal budget.
2. A citizen who has not concluded a contract provided for in paragraph 1 of this article cannot study at a military department at state, municipal or state-accredited non-state educational institutions of higher professional education in the relevant areas of training (specialties).
3. Training of citizens under the training programs for reserve officers at military departments at state, municipal or state-accredited non-state educational institutions of higher professional education in the relevant areas of training (specialties) is carried out in the manner determined by the Government of the Russian Federation. These programs may provide for the training of female citizens.
4. The Ministry of Defense of the Russian Federation, in agreement with the state, municipal or state-accredited in the relevant areas of training (specialties) non-state educational institution of higher professional education, selects and appoints the teaching staff of the military department at this educational institution.
5. Male citizens studying in reserve officer training programs undergo training camps or internships provided for in reserve officer training programs. The specified training fees or internships are equated to military fees.
Article 21
1. The Ministry of Defense of the Russian Federation and federal executive bodies in which this Federal Law provides for military service:
- participate in the development of a list of military registration specialties and military applied sports;
- develop, together with the federal executive body for health care, requirements for the state of health of citizens called up or entering military service, as well as those undergoing military service;
- develop, together with the federal executive body for education, state educational standards, programs and methods for preparing citizens for military service;
- participate in the creation, financing and logistics of educational institutions of secondary (full) general education, educational institutions of primary vocational and secondary vocational education, educational institutions of secondary (complete) general education with additional educational programs aimed at military training of underage citizens, military departments at state, municipal or state-accredited in the relevant areas of training (specialties) non-state educational institutions of higher professional education, as well as organizations that train citizens for military service on a contractual basis.
2. The selection of citizens subject to conscription for military service, as well as candidates for military service under a contract in the Armed Forces of the Russian Federation, other troops, military formations and bodies to perform special duties of military service is carried out in the manner determined by the Government of the Russian Federation.
Section IV. CALL FOR MILITARY SERVICE
Article 22. Citizens subject to conscription for military service
1. Subject to conscription for military service:
a) male citizens aged 18 to 27 years who are or are required to be registered with the military and are not in the reserve (hereinafter referred to as citizens who are not in the reserve);
b) male citizens aged 18 to 27 years who have graduated from state, municipal or state accredited non-state educational institutions of higher professional education in the relevant areas of training (specialties) and enrolled in the reserve with the assignment of the military rank of officer (hereinafter - citizens enrolled in reserve with the assignment of the military rank of officer).
2. Citizens who, in accordance with this Federal Law, are exempted from the performance of military duty, conscription for military service, citizens who have been granted a deferment from conscription for military service, as well as citizens who are not subject to conscription for military service, are not called up for military service.
3. The conscription of citizens for military service is carried out on the basis of decrees of the President of the Russian Federation.
4. The decision to call up citizens for military service can be taken only after they reach the age of 18 years.
5. Male citizens enrolled in the reserve with the assignment of the military rank of an officer, called up for military service, have the status of military personnel undergoing military service under a contract. Features of their military service are determined by this Federal Law and the Regulations on the procedure for military service, approved by the President of the Russian Federation.
Article 23. Exemption from conscription for military service. Citizens not subject to conscription for military service (as amended by Federal Law No. 102-FZ of July 19, 2001, see the text in the previous edition)
1. Citizens are exempt from conscription for military service:
a) recognized as unfit or partially fit for military service for health reasons;
b) those who are or have completed military service in the Russian Federation;
c) who are or have completed alternative civilian service;
d) who have completed military service in another state;
e) e) excluded. (Federal Law No. 102-FZ of July 19, 2001, see the text in the previous edition)
2. Citizens have the right to exemption from conscription for military service:
a) having the stipulated state system attestation of the scientific degree of candidate of science or doctor of science;
b) being sons (siblings):
- servicemen who died (deceased) in connection with the performance of their duties of military service, and citizens who underwent military training, who died (deceased) in connection with the performance of their duties of military service during the period of military training;
- citizens who died as a result of injury (wounds, injuries, contusions) or diseases received in connection with the performance of their duties of military service, after dismissal from military service or after the end of military training (clause 2 was introduced by Federal Law of 19.07.2001 N 102- FZ).
3. Citizens are not subject to conscription for military service:
a) serving a sentence in the form of compulsory labor, corrective labor, restriction of freedom, arrest or imprisonment;
b) having an unexpunged or outstanding conviction for committing a crime;
c) in respect of whom an inquiry or preliminary investigation is underway or a criminal case in respect of which has been submitted to the court.
Article 24
1. A deferment from conscription for military service is granted to citizens:
a) recognized in accordance with the procedure established by this Federal Law as temporarily unfit for military service for health reasons - for a period of up to one year;
b) engaged in constant care for the father, mother, wife, brother, sister, grandfather, grandmother or adoptive parent, if there are no other persons obliged by law to support these citizens, and also on condition that the latter are not fully supported by the state and for health reasons, in accordance with the conclusion of the body of the state service of medical and social expertise at the place of residence of citizens called up for military service, need constant outside care (assistance, supervision) or are disabled of the first or second group, have reached retirement age due to old age or have not reached age 18;
c) having a child brought up without a mother;
d) having two or more children;
e) having a child under the age of three;
f) whose mother (father) in addition to them has two or more children under the age of eight or has been disabled since childhood and brings them up without a husband (wife);
g) those who entered work in their specialty immediately after graduating from educational institutions of higher professional education on a full-time basis in state organizations, the list of which is determined by the Government of the Russian Federation - for the duration of this work;
h) graduated from state, municipal or state-accredited in the relevant areas of training (specialties) non-state educational institutions of higher professional education and serving in the internal affairs bodies, the State Fire Service of the Ministry of the Russian Federation for Civil Defense, Emergency Situations and Elimination of Consequences of Natural Disasters, institutions and bodies of the penitentiary system, bodies for control over the circulation of narcotic drugs and psychotropic substances and customs bodies of the Russian Federation, as well as those studying in educational institutions of these bodies or who graduated from these educational institutions and received special titles - for the period of service in these bodies ( as amended by Federal Laws No. 117-FZ of 21.07.1998, No. 116-FZ of 25.07.2002, No. 86-FZ of 30.06.2003, see the text in the previous edition);
i) having a wife whose gestational age is at least 26 weeks (clauses "i" were introduced by Federal Law No. 20-FZ of April 22, 2004);
j) elected deputies of the State Duma of the Federal Assembly of the Russian Federation, deputies of the legislative (representative) bodies of state power of the subjects of the Russian Federation, senior officials of the subjects of the Russian Federation (heads of the highest executive bodies of state power of the subjects of the Russian Federation), deputies of representative bodies of local self-government or heads of municipalities and exercising their powers on a permanent basis - for the term of office in these bodies (clause "k" was introduced by Federal Law No. 53-FZ of 19.06.2004);
k) registered in accordance with the legislation of the Russian Federation on elections as candidates for positions filled through direct elections or for membership in bodies (chambers of bodies) of state power or local self-government bodies - for a period up to the day of official publication (promulgation) overall results elections inclusive, and in case of early withdrawal - until the day of withdrawal inclusive (clause "l" was introduced by Federal Law No. 53-FZ of 19.06.2004).
2. Citizens have the right to receive a deferment from conscription for military service (as amended by the Federal Law of June 19, 2004 N 53-FZ, see the text in the previous edition):
The provision of the first paragraph of subparagraph "a" of paragraph 2 of Article 24, on the basis of which citizens studying full-time in non-state educational institutions of higher professional education that do not have state accreditation are not granted the right to receive a deferment from military service for the duration of training, recognized as not contradicting the Constitution of the Russian Federation (Resolution Constitutional Court RF of October 21, 1999 N 13-P).
a) full-time students in:
- state, municipal or state-accredited non-state educational institutions of basic general and secondary (complete) general education, - for the period of study, but until the said citizens reach the age of 20 years;
- state, municipal or state accredited in the relevant areas of training (specialties) non-state educational institutions of primary vocational, secondary vocational and higher professional education, - for the period of study, but not more than the standard terms for mastering the main educational programs.
The right to a deferment from military service for vocational education provided for by this subparagraph is reserved for citizens in the event of their repeated admission to an educational institution of the same level (provided that they have studied no more than three years in a previous educational institution of the same level) or a single transfer to an educational institution of the same level, as well as in the case of a single use of their academic leave.
The right to a deferment from conscription for military service provided for by this subparagraph does not apply to citizens expelled from educational institutions for violation of their charters or internal regulations.
Citizens have the right to take advantage of the deferment from military service provided for by this subparagraph no more than two times (for obtaining education of this and higher levels) (clause "a" in the wording of the Federal Law of 13.02.2002 N 20-FZ, see the text in previous edition)
b) receiving postgraduate vocational education in full-time education in state, municipal or state-accredited in the relevant areas of training (specialties) non-state educational institutions of higher vocational education and scientific institutions that have licenses to conduct educational activities in educational programs of postgraduate vocational education - for time of training and defense of qualification work;
c) having a higher pedagogical education and permanently working in pedagogical positions in state, municipal or having state accreditation in the relevant areas of training (specialties) non-state rural educational institutions - for the duration of this work;
d) permanently working as doctors in rural areas - for the duration of this work;
e) to whom this right is given on the basis of decrees of the President of the Russian Federation.
3. Citizens enrolled in the reserve with the assignment of the military rank of officer are subject to a deferment from conscription for military service on the grounds provided for in subparagraphs "a", "b", "c", "g", "h", "k" and "l" of paragraph 1 and subparagraphs "b", "c", "d" and "e" of paragraph 2 of this article (as amended by the Federal Law of June 19, 2004 N 53-FZ, see the text in the previous edition).
Article 25
1. Conscription for military service of citizens who are not in the reserve is carried out twice a year from April 1 to June 30 and from October 1 to December 31 on the basis of decrees of the President of the Russian Federation with the following exceptions:
a) citizens residing in certain regions of the Far North or certain areas equivalent to regions of the Far North are called up for military service from May 1 to June 30 or from November 1 to December 31. The list of these regions and localities, as well as the terms for conscription for military service of citizens living in these regions and localities, are determined by the General Staff of the Armed Forces of the Russian Federation (clause "a" as amended by Federal Law No. 4-FZ of February 22, 2004, see . text in the previous edition);
b) citizens living in rural areas and directly employed in sowing and harvesting work are called up for military service from October 15 to December 31;
c) citizens who are teaching staff of educational institutions are called up for military service from May 1 to June 30.
2. The conscription for military service of citizens enrolled in the reserve with the assignment of the military rank of officer is carried out within the time limits established by the President of the Russian Federation.
Article 26
1. Conscription for military service of citizens who are not in the reserve includes:
- Appearance for a medical examination and a meeting of the draft board;
- Appearance at the military commissariat to be sent to the place of military service and stay at the military commissariat before being sent to the place of military service.
The conscription for military service of these citizens is organized by the head of the local self-government body together with the military commissar and is carried out by the conscription commission, which is created in each district, city without district division, other municipality by decision of the head of the local self-government body (hereinafter - the conscription commission).
2. Conscription for military service of citizens enrolled in the reserve with the assignment of the military rank of officer includes:
- Appearance for a medical examination and to the military commissar to make a decision on conscription for military service;
- Appearance at the military commissariat and receipt of an order for departure to the place of military service.
The conscription for military service of these citizens is organized and carried out by the military commissar.
3. Citizens are summoned to events related to conscription for military service by subpoenas of the military commissariat.
4. The procedure for conscription of citizens for military service is determined by this Federal Law, other federal laws, decrees of the President of the Russian Federation, the Regulations on conscription for military service, approved by the Government of the Russian Federation and other regulatory legal acts of the Russian Federation.
Article 27
1. The composition of the draft board includes:
- deputy head of the local self-government body - chairman of the commission;
- military commissar - deputy chairman of the commission;
- secretary of the commission;
- a doctor in charge of the medical examination of citizens subject to conscription for military service;
- a representative of the relevant internal affairs body;
- a representative of the relevant education authority;
2. Representatives of other bodies and organizations may be included in the draft commission.
Article 28
1. When conscripting citizens who are not in the reserve, the conscription commission is charged with organizing a medical examination of these citizens and making one of the following decisions regarding them:
- on conscription for military service;
- on assignment to alternative civilian service;
- on granting a deferment from conscription for military service;
- on exemption from conscription for military service;
- on enrollment in the reserve;
- on exemption from military duty.
When calling for military service of citizens enrolled in the reserve with the assignment of the military rank of officer, these duties are assigned to the military commissar.
2. In the event of citizens evading conscription for military service, the draft commission or the military commissar sends the relevant materials to the prosecutor at the place of residence of these citizens to resolve the issue of bringing them to justice in accordance with the legislation of the Russian Federation.
3. When making a decision on conscription for military service of citizens who are not in the reserve, the conscription commission determines the type and type of troops of the Armed Forces of the Russian Federation, other troops, military formations and bodies in which these citizens will perform military service.
4. The conscription commission is also responsible for organizing a medical examination of citizens who have expressed a desire to enter military educational institutions of vocational education, and making a decision on sending them to take competitive entrance exams or on refusing to do so.
5. The conscription commission (military commissar - for citizens called up for military service from the reserve) makes appropriate decisions on the basis of this Federal Law, other federal laws, the Regulations on conscription for military service and other regulatory legal acts of the Russian Federation.
6. The chairman of the draft commission (military commissar) announces the decision to the citizen in respect of whom it was made, and, at the request of the citizen, gives him a copy of the decision.
7. The decision of the draft commission may be appealed by a citizen within the period established by the legislation of the Russian Federation from the day the citizen receives a copy of the said decision to the draft commission of the corresponding subject of the Russian Federation or to the court, and the decision of the military commissar - to the military commissar of the corresponding subject of the Russian Federation or to the court. The citizen's complaint must be considered within five days from the date of its receipt by the draft commission of the corresponding subject of the Russian Federation or the military commissar of the corresponding subject of the Russian Federation. In this case, the implementation of the decision of the draft commission or the military commissar is suspended until the decision is made by the draft commission of the corresponding subject of the Russian Federation, the military commissar of the corresponding subject of the Russian Federation or the court decision enters into legal force.
Article 29
1. By the decision of the head of the executive authority of the constituent entity of the Russian Federation, a draft commission of the constituent entity of the Russian Federation is created, which includes:
- Deputy head of the executive authority of the constituent entity of the Russian Federation - chairman of the commission;
- military commissar of a constituent entity of the Russian Federation - deputy chairman of the commission;
- secretary of the commission;
- medical specialists involved in the medical examination and medical examination of citizens;
- a representative of the internal affairs body of a constituent entity of the Russian Federation;
- representative of the executive authority of the constituent entity of the Russian Federation by education;
- a representative of the relevant body of the federal state employment service (in terms of issues related to alternative civilian service) (the paragraph was introduced by Federal Law No. 113-FZ of 25.07.2002).
Representatives of other bodies and organizations of the subject of the Russian Federation may be included in the draft commission of a constituent entity of the Russian Federation.
2. The draft commission of the subject of the Russian Federation:
- organizes a medical examination of citizens who are not in the reserve, called up for military service, before sending them to the place of military service, as well as a control medical examination of citizens who have received exemption from conscription for military service for health reasons, and citizens who have declared disagreement with conclusions on their fitness for military service based on the results of a medical examination;
- provides methodological guidance to the activities of recruiting commissions;
- checks the correctness of granting citizens deferrals and exemptions from conscription for military service;
- controls the validity of sending citizens for military service in the types and branches of the Armed Forces of the Russian Federation, other troops, military formations and bodies;
- considers complaints of citizens called up for military service against decisions of draft commissions.
3. The draft commission of the subject of the Russian Federation has the right to cancel the decisions of lower draft commissions.
4. The decision of the draft commission of the subject of the Russian Federation on the complaint of a citizen may be appealed by him to the court within the period established by the legislation of the Russian Federation from the date of receipt of a copy of the said decision. The decision of the draft board is suspended until the entry into force of the court decision.
Article 30. Medical examination and medical examination of citizens subject to conscription for military service
1. Citizens subject to conscription for military service undergo a medical examination by specialist doctors: a general practitioner, surgeon, neuropathologist, psychiatrist, ophthalmologist, otorhinolaryngologist, dentist, and, if necessary, by doctors of other specialties.
If it is impossible to give a medical opinion on the fitness of a citizen for military service on the spot, the specified citizen is sent for an outpatient or inpatient medical examination to a medical institution located on the territory of the subject of the Russian Federation in which he lives.
2. Doctors in charge of the medical examination of citizens subject to military service, based on the results of the medical examination, issue an opinion on the suitability of these citizens for military service in the following categories:
A - fit for military service;
B - fit for military service with minor restrictions;
B - limited fit for military service;
G - temporarily unfit for military service;
D - not fit for military service.
3. The procedure for organizing and conducting a medical examination of citizens subject to conscription for military service is determined by the Regulations on military medical examination, approved by the Government of the Russian Federation.
4. In agreement with the commander (head) of a military unit (military medical institution), military medical specialists may be involved in the medical examination of citizens subject to conscription for military service.
5. Financing of a medical examination and medical examination of citizens subject to conscription for military service is carried out in the manner determined by the Government of the Russian Federation, at the expense of the federal budget.
Article 31. Obligations of citizens subject to conscription for military service
1. Citizens who are not in the reserve, subject to conscription for military service, are obliged to appear on the agenda of the military commissariat for a medical examination, a meeting of the conscription commission or to be sent to a military unit for military service, and also to be in the military commissariat until sent to the place of passage military service.
2. Citizens subject to conscription for military service are required to receive summonses from the military commissariat against receipt. Summons are handed to citizens by employees of the military commissariat or at the place of work (study) of the citizen by leaders, other officials (employees) of organizations responsible for military registration work, as well as officials of local governments responsible for military registration work. The summonses must indicate the legal consequences of citizens' failure to comply with the requirements set forth in them.
If it is impossible to serve summons to citizens subject to conscription for military service by the specified employees, managers or officials, ensuring their arrival at events related to conscription for military service is entrusted to the relevant internal affairs bodies on the basis of a written request from the military commissar.
3. Male citizens enrolled in the reserve with the assignment of the military rank of an officer are required to appear on the agenda of the military commissariat for a medical examination, as well as to the military commissar to make a decision on conscription for military service and receive an order for departure to the place of military service.
4. In the event that a citizen fails to appear without good reason on the agenda of the military commissariat for events related to conscription for military service, the specified citizen is considered to be evading military service and is held liable in accordance with the legislation of the Russian Federation.
Section V. ENTERING THE MILITARY SERVICE UNDER THE CONTRACT
(as amended by Federal Law No. 141-FZ of November 11, 2003, see the text in the previous edition)
Article 32
1. A contract for military service is concluded by a citizen (foreign citizen) with the Ministry of Defense of the Russian Federation or the federal executive body, in which this Federal Law provides for military service, in writing in a standard form in the manner determined by the Regulations on the procedure for performing military service (as amended by Federal Law No. 141-FZ of November 11, 2003, see the text in the previous edition)
2. The military service contract stipulates the voluntary admission of a citizen (foreign citizen) to military service, the period during which the citizen (foreign citizen) undertakes to perform military service, and the terms of the contract (as amended by Federal Law No. 141 of 11.11.2003 -FZ, see the text in the previous edition).
3. The terms of the military service contract include the obligation of a citizen (foreign citizen) to perform military service in the Armed Forces of the Russian Federation, other troops, military formations or bodies within the period established by the contract, to conscientiously fulfill all general, official and special duties of military personnel, established by legislative and other regulatory legal acts of the Russian Federation, as well as the right of a citizen (foreign citizen) to observe his rights and the rights of his family members, including receiving benefits, guarantees and compensations established by legislative and other regulatory legal acts of the Russian Federation that determine the status of military personnel and the procedure for passing military service (as amended by the Federal Law of November 11, 2003 N 141-FZ, see the text in the previous edition).
4. The military service contract shall enter into force from the date of its signing by the relevant official in accordance with the Regulations on the procedure for military service and shall cease to be valid from the day the serviceman concludes another contract for military service, the serviceman is excluded from the lists of the military unit in the event that specified in paragraph 6 of this article, as well as in other cases established by federal laws.
5. The conclusion of a contract for military service, its termination, as well as other relations associated with it, are governed by this Federal Law, the Regulations on the procedure for military service, as well as legislative and other regulatory legal acts of the Russian Federation that determine the procedure for military service and the status of the military.
6. Servicemen appointed to the post of Minister of Defense of the Russian Federation, heads of federal executive bodies in which military service is provided for by this Federal Law, perform military service in the corresponding position without concluding a contract for military service. The contract for military service, which was concluded by military personnel prior to their appointment to the specified position, ceases to be valid. The said servicemen retain the status of servicemen undergoing military service under a contract.
After the said servicemen are released from their posts, they enter into a new military service contract or are dismissed from military service on the grounds and in the manner determined by this Federal Law and the Regulations on the Procedure for Performing Military Service.
Article 33(as amended by Federal Law No. 141-FZ of November 11, 2003, see the text in the previous edition)
1. A citizen (foreign citizen) entering military service under a contract must be proficient in the state language of the Russian Federation, as well as comply with the medical and professional-psychological requirements of military service for specific military specialties. To determine the compliance of a citizen with the established requirements, a medical examination and measures for professional psychological selection are carried out (as amended by the Federal Law of November 11, 2003 N 141-FZ, see the text in the previous edition).
2. Medical examination of citizens (foreign citizens) is carried out in accordance with the Regulations on military medical examination. Based on the results of a medical examination, a conclusion is issued on the suitability of a citizen (foreign citizen) for military service in accordance with paragraph 2 of Article 30 of this Federal Law. A citizen (foreign citizen) recognized as fit for military service or fit for military service with minor restrictions can be accepted for military service under a contract (as amended by Federal Law No. 141-FZ of November 11, 2003, see the text in the previous edition).
3. Activities for professional psychological selection are carried out by specialists in professional psychological selection in the manner determined by the Regulations on the procedure for military service. Based on the results of professional psychological selection, one of the following conclusions is made on the professional suitability of a citizen (foreign citizen) for military service under a contract in specific military positions (as amended by Federal Law No. 141-FZ of November 11, 2003, see the text in the previous edition):
- recommended in the first place - the first category;
- recommended - the second category;
- it is recommended conditionally - the third category;
- not recommended - the fourth category.
A citizen (foreign citizen) classified according to the results of professional psychological selection to the fourth category of professional suitability cannot be accepted for military service under a contract (as amended by the Federal Law of November 11, 2003 N 141-FZ, see the text in the previous edition).
4. A citizen (foreign citizen) entering military service under a contract, in addition to the requirements specified in paragraph 1 of this article, must also meet the level requirements (as amended by Federal Law No. 141-FZ of November 11, 2003, see previous edition):
- education;
- professional training;
- physical training.
5. The requirements provided for by paragraphs 3 and 4 of this article are established by the Minister of Defense of the Russian Federation or the head of the federal executive body in which military service is provided for by this Federal Law.
Article 34
1. The contract on military service has the right to conclude:
- military personnel whose previous military service contract ends;
- conscripted military personnel who have served for at least 6 months (as amended by the Federal Law of February 12, 2001 N 15-FZ, see the text in the previous edition);
- citizens in the reserve;
- male citizens who are not in the reserve, graduated from state, municipal or having state accreditation in the relevant areas of training (specialties) non-state educational institutions of higher professional education;
- female citizens who are not in the reserve;
- other citizens in accordance with the regulatory legal acts of the President of the Russian Federation.
Citizens enrolled in military educational institutions of professional education enter into a contract for military service in accordance with paragraph 2 of Article 35 of this Federal Law.
A contract for military service is also entitled to be concluded by foreign citizens legally located on the territory of the Russian Federation (the paragraph was introduced by Federal Law No. 141-FZ of November 11, 2003).
2. The first contract for the passage of military service has the right to conclude:
- citizens aged 18 to 40;
- foreign citizens aged 18 to 30 years (clause 2 as amended by the Federal Law of November 11, 2003 N 141-FZ, see the text in the previous edition).
3. The selection of candidates for military service under a contract from among citizens who are not in military service and foreign citizens is carried out by military commissariats, and from among military personnel - by military units in the manner established by the Regulations on the procedure for military service (as amended by the Federal Law of November 11, 2003 N 141-FZ, see the text in the previous edition).
4. Determining the compliance of citizens (foreign citizens) with the requirements established for those entering military service under a contract is entrusted to the commissions of military commissariats for the selection of candidates entering military service under a contract (as amended by Federal Law No. 141-FZ of November 11, 2003, see text in previous edition).
Determining the compliance of military personnel with the requirements established for those entering military service under a contract is entrusted to the attestation commissions of military units.
Representatives of the military units for which the selection is being carried out may take part in the work of commissions of military commissariats for the selection of candidates entering military service under a contract.
A copy of the commission's decision must be issued to a citizen (foreign citizen) at his request within three days from the date of the decision (as amended by Federal Law No. 141-FZ of November 11, 2003, see the text in the previous edition).
5. The grounds for refusing to conclude an appropriate contract with a candidate entering military service under a contract are:
- the absence in the Armed Forces of the Russian Federation, other troops, military formations and bodies of vacant military positions in accordance with the candidate's training profile or the military registration specialty received by him;
- the decision of the attestation commission of the military unit, approved by the commander (chief) of the military unit, on the conclusion of a contract for military service with another candidate based on the results of competitive selection;
- the decision of the commission of the military commissariat or the attestation commission of the military unit on the non-compliance of the candidate entering the military service under the contract with the requirements established by this Federal Law.
A military service contract cannot be concluded with citizens who have been convicted and sentenced, who are under investigation or preliminary investigation or whose criminal case has been brought to court, citizens who have an unexpunged or outstanding conviction for committing offences, serving sentences of imprisonment. A contract cannot be concluded with citizens who have been deprived for a certain period of time by a court decision that has entered into force of the right to occupy military positions during the specified period (as amended by Federal Law No. 112-FZ of 25.07.
6. The commander (chief) of the military unit makes a decision to conclude a new contract for military service or to refuse to conclude it with a military serviceman under contract, no later than three months before the expiration of the current contract.
7. In case of refusal to a citizen (foreign citizen) to conclude a contract for military service, he has the right to appeal against this decision to a higher authority, prosecutor's office or court (as amended by Federal Law No. 141-FZ of 11.11. editions).
Article 34.1. Test for military service under contract (Introduced by Federal Law No. 29-FZ of April 26, 2004)
1. For those who entered the military service under a contract for military positions to be replaced by soldiers, sailors, sergeants and foremen (with the exception of those studying in military educational institutions of vocational education), in order to verify their compliance with the requirements of federal laws, general military regulations and other regulatory legal acts Russian Federation, which determine the general, official and special duties of military personnel, a three-month probation is established.
The period of probation does not include periods when the serviceman was actually absent from the military unit or place of military service.
2. Until the end of the probation period, the next military rank is not assigned to a serviceman.
3. If during the period of probation, commanders (chiefs) find that a serviceman does not meet the requirements of federal laws, general military regulations and other regulatory legal acts of the Russian Federation that determine the general, official and special duties of military personnel, he is recognized as a commander (chief) of a military unit passed the test and is dismissed from military service (sent for military service by conscription) on the grounds established by this Federal Law.
4. After the expiration of the probation period, the serviceman is considered to have passed the probation and continues military service.
Article 35 Conclusion of contracts for military service with citizens studying in military educational institutions of vocational education
1. Military educational institutions of vocational education have the right to enter:
- citizens who have not completed military service - aged 16 to 22;
- citizens who have completed military service and conscripted military personnel - until they reach the age of 24;
- servicemen undergoing military service under a contract - in the manner determined by the Minister of Defense of the Russian Federation or the head of the federal executive body in which military service is provided for by this Federal Law.
Citizens entering military educational institutions of vocational education must meet the requirements established for citizens entering military service under a contract.
Citizens enrolled in military educational institutions of vocational education are appointed to the military positions of cadets, trainees or other military positions in the manner determined by this Federal Law, the Regulations on the procedure for military service and other regulatory legal acts of the Russian Federation.
2. Citizens who have not completed military service, when enrolled in military educational institutions of vocational education, acquire the status of conscripted military personnel and conclude a contract for military service when they reach the age of 18, but not earlier than they complete their first course of study in specified educational institutions.
Military servicemen undergoing military service under a contract, when enrolling in military educational institutions of vocational education, conclude a new contract for military service.
Citizens who have completed military service under a contract, as well as those who are undergoing or have completed military service by conscription, when enrolling in these educational institutions, enter into a contract for military service before the start of training.
Servicemen who refuse to conclude a contract for military service in the manner prescribed by this Federal Law are subject to expulsion from military educational institutions of vocational education.
3. Conscripted military personnel who are not enrolled in military educational institutions of vocational education are sent for further military service in the manner determined by the Regulations on the procedure for military service.
4. Male military personnel expelled from military educational institutions of vocational education for indiscipline, poor progress or unwillingness to study, as well as those who refused to conclude a contract for military service, if by the time they were expelled from these educational institutions they had reached the age of 18 years, did not serve the established term of military conscription services and do not have the right to be discharged from military service, to be released or deferral from conscription for military service, are sent for conscription military service.
In this case, the term of military service for military personnel includes:
- the duration of military service on conscription before entering a military educational institution of vocational education;
- the duration of military service under a contract before entering a military educational institution of vocational education at the rate of two days of military service under a contract for one day of military service by conscription );
- the duration of military service during training in a military educational institution of vocational education at the rate of two days of military service in the specified educational institution for one day of military service on conscription editions).
Male military personnel expelled from military educational institutions of vocational education who have not reached the age of 18 are dismissed from military service and sent to the military commissariat for military registration and are subsequently called up for military service on a general basis. In the event of the dismissal of these persons on the grounds provided for in this paragraph, the duration of military service by conscription shall include the duration of military service while studying at a military educational institution of vocational education at the rate of two days of military service in the indicated educational institution for one day of military service by conscription (as amended by Federal Law No. 29-FZ of April 26, 2004, see the text in the previous edition).
5. Female servicemen expelled from military educational institutions of professional education are dismissed from military service:
- who do not have a military registration specialty, - without military registration;
- having a military registration specialty, - with enrollment in the reserve and direction to the military commissariat at the place of residence for military registration.
6. Excluded (Federal Law of May 21, 2002 N 56-FZ, see the text in the previous edition).
Section VI. MILITARY SERVICE
Article 36
1. The procedure for performing military service is determined by this Federal Law, other federal laws, the Regulations on the procedure for performing military service and other regulatory legal acts of the Russian Federation.
2. Features of military service during the introduction of a state of emergency and martial law, as well as in the conditions of armed conflicts, are determined by federal constitutional laws, federal laws, the Regulations on the procedure for performing military service and other regulatory legal acts of the Russian Federation.
3. Citizens perform military service by conscription in the Armed Forces of the Russian Federation, border agencies and border troops, in the internal troops of the Ministry of Internal Affairs of the Russian Federation (as amended by Federal Laws of 30.06. FZ, see the text in the previous edition).
Citizens are sent to other troops, military formations and bodies for military service by conscription in accordance with the decree of the President of the Russian Federation after completing the military positions occupied by military personnel undergoing military service by conscription in the Armed Forces of the Russian Federation, other troops and bodies specified in paragraph one of this paragraph.
4. Features of the performance of military service by servicemen in respect of whom a guilty verdict has been passed and who have been sentenced are determined by the Criminal Code of the Russian Federation, the Penitentiary Code of the Russian Federation, legislative and other regulatory legal acts of the Russian Federation.
Article 37
1. A serviceman, as well as a citizen undergoing military training, are considered to be performing military service duties in the following cases:
a) participation in hostilities, performance of tasks in a state of emergency and martial law, as well as in armed conflicts
Military personnel who are foreign citizens participate in the performance of tasks under martial law, as well as in armed conflicts in accordance with generally recognized principles and norms international law, international treaties of the Russian Federation and the legislation of the Russian Federation (the paragraph was introduced by Federal Law of November 11, 2003 N 141-FZ);
b) performance of official duties;
c) carrying out combat duty, combat service, service in the garrison attire, performing duties as part of the daily attire;
d) participation in exercises or cruises of ships;
e) execution of an order or order given by the commander (chief);
f) being on the territory of a military unit during the working hours established by the daily routine or at other times, if this is due to official necessity;
g) being on a business trip;
h) being on treatment, going to the place of treatment and back;
i) following to the place of military service and back;
j) undergoing military training;
k) being in captivity (with the exception of cases of voluntary surrender), in the position of a hostage or internee;
l) missing without a trace - until the serviceman is declared missing in accordance with the procedure established by law or declared dead;
m) protection of life, health, honor and dignity of a person;
n) rendering assistance to internal affairs bodies, other law enforcement agencies in protecting the rights and freedoms of man and citizen, protecting law and order and ensuring public safety (as amended by Federal Law No. 117-FZ of 21.07.1998, see the text in the previous edition);
o) participation in the prevention and elimination of the consequences of natural disasters, accidents and catastrophes;
p) commission of other actions recognized by the court as committed in the interests of the individual, society and the state.
On the procedure for applying paragraph 2 of Article 37, see Resolution of the Plenum of the Supreme Court of the Russian Federation of February 14, 2000 N 9.
2. A serviceman or a citizen undergoing military training shall not be recognized as dead (deceased), injured (wounded, traumatized, contused) or ill in the performance of military service duties, if this was the result of:
a) unauthorized stay outside the location of a military unit or a place of military service established outside a military unit, with the exception of cases provided for by subparagraphs "l", "m", "n", "o", "p" and "r" of paragraph 1 of this articles;
b) voluntarily bringing oneself into a state of narcotic or toxic intoxication;
c) the commission by him of an act recognized in accordance with the established procedure as socially dangerous.
3. Commanders (chiefs) are prohibited from issuing orders (orders) and instructions that are not related to the performance of military service duties or aimed at violating the legislation of the Russian Federation.
The commanders (chiefs) who gave the said orders (orders) and orders are held accountable in accordance with the legislation of the Russian Federation.
Article 38
1. The term of military service is established:
- for conscripted military personnel - 24 months;
- for military personnel who graduated from state, municipal or having state accreditation in the relevant areas of training (specialties) non-state educational institutions of higher professional education, undergoing military service on conscription - 12 months;
- for military personnel with the military rank of officer and called up for military service - 24 months;
- for military personnel undergoing military service under a contract - for the period specified in the contract for military service.
2. Has expired. - Federal Law of April 26, 2004 N 29-FZ (see the text in the previous edition)
3. The first contract for military service is:
a) with a citizen entering military service in a military position for which the state provides for the military rank of a soldier, sailor, sergeant, foreman - for three years (as amended by Federal Law of November 11, 2003 N 141-FZ, see the text in previous edition);
b) with a foreign citizen entering military service in a military position, for which the state provides for the military rank of a soldier, sailor, sergeant, foreman - for five years (clause "b" was introduced by Federal Law of November 11, 2003 N 141-ФЗ) ;
c) with a citizen entering military service in a military position, for which the state provides for the military rank of ensign, midshipman or officer - for five years (as amended by Federal Law No. 141-FZ of 11.11. );
d) with a serviceman studying at a military educational institution of vocational education - for the period of study at the specified educational institution and five years of military service after its completion.
4. A conscripted military serviceman may enter into a first military service contract for a shorter period, provided that the total duration of his military service on conscription and under the first contract is three years or five years in accordance with subparagraphs "a" and "b" of paragraph 3 of this article.
With a military conscript who has expressed a desire to enter military service under a contract during a period of emergency (liquidation of the consequences of natural disasters, the implementation of measures of a state of emergency, the restoration of constitutional order and other emergencies) or to participate in activities to maintain or restore international peace and security, not earlier than one month before the expiration of the term of military service, a contract for military service for a period of six months to one year may be concluded (the paragraph was introduced by Federal Law No. 16-FZ of February 12, 2001).
5. A new contract for military service may be concluded by a serviceman who is a citizen for a period of three years, five years, ten years, or for the period of study at a military educational institution of vocational education and five years of military service after its completion (as amended by the Federal Law of 11.11.2003 N 141-FZ, see the text in the previous edition).
After the expiration of the first contract, military personnel who are foreign citizens are dismissed from military service on the grounds and in the manner determined by this Federal Law and the Regulations on the procedure for performing military service (the paragraph was introduced by Federal Law of November 11, 2003 N 141-FZ).
6. A military service contract may be concluded with a serviceman for a shorter period - until the age limit for his military service.
7. With a citizen who is in the reserve and has expressed a desire to enter military service under a contract during a period of emergency (liquidation of the consequences of natural disasters, implementation of measures of a state of emergency, restoration of constitutional order and other emergencies) or to participate in activities to maintain or restore international peace and security, a military service contract can be concluded for a period of six months to one year (as amended by Federal Law No. 15-FZ of February 12, 2001, see the text in the previous edition).
8. A serviceman who has done military service under a contract and entered a military educational institution of higher professional education, as well as enrolled in postgraduate or military doctoral studies, concludes a contract for military service for the period of study at the specified educational institution, in postgraduate or military doctoral studies and five years military service after graduation.
9. Servicemen who have the academic degree of Candidate of Science or Doctor of Science and have reached the age limit for military service are given a preferential right when concluding a contract with them for military service in the manner established by paragraph 3 of Article 49 of this Federal Law.
10. The beginning of military service is considered:
- for citizens who are not in the reserve, called up for military service - the day of departure from the military commissariat of a constituent entity of the Russian Federation to the place of military service;
- for citizens called up for military service from among those who graduated from state, municipal or having state accreditation in the relevant areas of training (specialties) non-state educational institutions of higher professional education and enrolled in the reserve with the assignment of the military rank of officer, - the day of departure to the place of military service, specified in the order of the military commissariat;
- for citizens called up for military service immediately after graduating from state, municipal or state-accredited in the relevant areas of training (specialties) of non-state educational institutions of higher professional education, who were awarded the military rank of officer, - the day of departure on leave provided by the military commissariat upon completion of these educational institutions;
- for citizens (foreign citizens) who entered military service under a contract - the day the contract for military service comes into force (as amended by Federal Law No. 141-FZ of November 11, 2003, see the text in the previous edition);
- for citizens who have not completed military service or who have completed military service earlier and entered military educational institutions of vocational education, the date of enrollment in these educational institutions.
11. The end of military service is the date of exclusion of a serviceman from the lists of personnel of a military unit.
A serviceman must be excluded from the lists of personnel of a military unit on the day of the expiration of his military service, unless:
- the soldier is on inpatient treatment;
- a female soldier is on maternity leave or parental leave;
- a conscripted military serviceman, at his request, remains in the military unit until the day of dispatch of the vehicle that carries out individual or organized transportation of military personnel transferred to the reserve;
- a soldier participates in the campaigns of ships;
- a soldier is in captivity, in the position of a hostage or interned;
- a serviceman is missing - until he is declared missing in the manner prescribed by law or declared dead;
- the soldier is under investigation,
as well as in other cases established by the Regulations on the procedure for performing military service.
12. The following are not counted in the period of military service:
- time of stay in a disciplinary military unit and the time of serving a disciplinary sanction in the form of arrest;
- the time of unauthorized abandonment of a military unit or place of military service, regardless of the reasons for abandonment, lasting more than 10 days.
For a serviceman released from a disciplinary military unit, subject to his impeccable military service, the time spent in a disciplinary military unit may be included in the term of his military service in accordance with the Regulations on the procedure for military service.
Article 39. Military uniform and insignia of servicemen
1. Military uniforms and insignia are established for servicemen.
The military uniform and insignia for military ranks of the military personnel of the Armed Forces of the Russian Federation, other troops, military formations and bodies are approved by the President of the Russian Federation.
Rank insignia according to the types of the Armed Forces of the Russian Federation, branches of service and services, specific military formations according to their functional purpose, personalized insignia, as well as the rules for wearing military uniforms and insignia are determined by the Minister of Defense of the Russian Federation, the head of the relevant federal executive body, in which this Federal Law provides for military service.
2. A serviceman has the right not to wear a military uniform outside the location of the military unit, on vacation, on dismissal or vacation.
3. The military uniform and insignia of servicemen are protected by the Patent Law of the Russian Federation.
The uniform and insignia of non-military employees of federal executive bodies, executive authorities of constituent entities of the Russian Federation, local governments, organizations, members of public associations cannot be similar to the military uniform and insignia of military personnel.
Federal executive authorities, executive authorities of the constituent entities of the Russian Federation change the uniform and insignia of their employees who are not military personnel, or introduce new ones after their agreement with the Ministry of Defense of the Russian Federation.
The wearing of military uniforms and insignia of servicemen by citizens who do not have the right to do so is prohibited and entails liability in accordance with the legislation of the Russian Federation.
4. Departmental insignia of servicemen are determined by the Minister of Defense of the Russian Federation, the head of the relevant federal executive body in which military service is provided for by this Federal Law.
Article 40. Military oath and obligation (as amended by Federal Law No. 141-FZ of November 11, 2003, see the text in the previous edition)
1. A serviceman who is a citizen who entered military service for the first time, or a citizen who did not do military service and was called up for military training for the first time, is sworn in before the State Flag of the Russian Federation and the Battle Banner of the military unit (as amended by the Federal Law of 11.11. 2003 N 141-FZ, see the text in the previous edition)
2. The following text of the Military Oath is approved:
"I, (last name, first name, patronymic), solemnly swear allegiance to my Fatherland - the Russian Federation.
I swear to sacredly observe the Constitution of the Russian Federation, to strictly comply with the requirements of military regulations, orders of commanders and superiors.
I swear to fulfill my military duty with dignity, to courageously defend the freedom, independence and constitutional order of Russia, the people and the Fatherland."
3. A serviceman who is a foreign citizen, who entered the military service in the Russian Federation for the first time, gives an obligation.
The following commitment text is approved:
"I, (last name, first name, patronymic), undertake to comply with the Constitution of the Russian Federation, strictly comply with the requirements of military regulations, orders of commanders and superiors, adequately fulfill military duty" (clause 3 was introduced by Federal Law of November 11, 2003 N 141-ФЗ)
Article 41 (as amended by Federal Law No. 141-FZ of November 11, 2003, see the text in the previous edition)
1. Taking the military oath (taking an obligation) is carried out (as amended by the Federal Law of November 11, 2003 N 141-FZ, see the text in the previous edition):
- upon arrival of a serviceman to the first place of military service after passing the initial military training, the period of which should not exceed two months;
- upon arrival of a citizen to the first place of military training.
Before taking the military oath (taking the obligation) (as amended by the Federal Law of November 11, 2003 N 141-FZ, see the text in the previous edition):
- a serviceman cannot be involved in the performance of combat missions (participation in hostilities, combat duty, combat service, guard duty) and tasks during the introduction of a state of emergency and in armed conflicts;
- weapons and military equipment cannot be assigned to a serviceman;
- a disciplinary sanction in the form of arrest cannot be imposed on a serviceman.
2. Taking the military oath (taking an obligation) is carried out in the manner determined by the general military regulations of the Armed Forces of the Russian Federation (as amended by Federal Law No. 141-FZ of November 11, 2003, see the text in the previous edition).
Article 42. Military posts
1. A serviceman performs military service in a military position, except for the cases specified in clause 4 of this article (as amended by Federal Law No. 75-FZ of June 28, 2002, see the text in the previous edition).
A serviceman may hold only one military position (position).
2. Each military position (position) must correspond to one military rank.
3. A single list of military positions to be filled by senior officers in the Armed Forces of the Russian Federation, other troops, military formations and bodies, and the total number of military positions to be filled by colonels, captains of the 1st rank in the Armed Forces of the Russian Federation, other troops, military formations and bodies are approved by the President of the Russian Federation.
Lists of other military posts are approved in the manner determined by the Minister of Defense of the Russian Federation or the head of the relevant federal executive body in which military service is provided for by this Federal Law.
The lists of military positions define military positions that can be filled by female military personnel, military personnel - foreign citizens, civilian personnel or are replaced on a competitive basis
4. A serviceman may perform military service other than in military positions in the following cases:
- being at the disposal of the commander (chief) - no more than three months;
- being at the disposal of the commander (chief) in connection with the organizational and staff activities - no more than six months;
- being at the disposal of the commander (chief) in connection with the initiation of a criminal case against a serviceman - until a decision is made on the criminal case;
- secondment to the bodies, organizations and institutions specified in paragraph 1 of Article 44 of this Federal Law;
- in other cases established by the Regulations on the procedure for military service.
Article 43. Appointment to military posts, release from military posts
1. Appointment to military positions and dismissal from military positions are carried out:
- military personnel for whom the state provides for the military ranks of senior officers - by decrees of the President of the Russian Federation;
- other military personnel - in the manner prescribed by the Regulations on the procedure for military service.
2. A serviceman may be entrusted with the temporary performance of duties in a military position that he does not hold, with his release from the performance of duties in his military position - for a period determined by the Regulations on the procedure for performing military service.
3. A serviceman performing military service under a contract shall have the right to propose his candidacy for consideration by the relevant attestation commission for appointment to a vacant or vacant military position.
4. Carrying out a planned replacement of military personnel undergoing military service under a contract in the regions of the Far North and areas equated to them, areas with adverse climatic or environmental conditions, as well as in military units located outside the Russian Federation, is carried out in accordance with the Regulations on the procedure for passing military service.
The terms of military service in the indicated regions, localities and military units are determined by the Government of the Russian Federation.
Article 44. Secondment and transfer of military personnel
1. Military personnel may be seconded to federal state authorities, other state bodies and institutions, state authorities of the constituent entities of the Russian Federation, international organizations in accordance with international treaties of the Russian Federation, state unitary enterprises whose property is in federal ownership, joint-stock companies, 100 percent of the shares of which is federally owned and which perform work in the interests of national defense and state security.
The procedure for secondment of military personnel, the specifics of their military service are determined by the Regulations on the procedure for military service. The total number of seconded military personnel and the procedure for providing them with monetary allowance and other types of allowance, as well as the specifics of the secondment of military personnel of the bodies of the Federal Security Service of the Russian Federation, foreign intelligence bodies and federal state security bodies are determined by the President of the Russian Federation.
2. Servicemen, in the manner determined by the Regulations on the procedure for performing military service, may be transferred for further military service:
- from the Armed Forces of the Russian Federation to the federal executive body in which this Federal Law provides for military service;
- from the federal executive body, in which this Federal Law provides for military service, to the Armed Forces of the Russian Federation;
- from one federal executive body, in which military service is provided for by this Federal Law, to another federal executive body, in which military service is provided for by this Federal Law.
Article 45. Suspension of military service
Military personnel serving under a contract, elected deputies of the State Duma of the Federal Assembly of the Russian Federation, deputies of the legislative (representative) bodies of state power of the subjects of the Russian Federation, senior officials of the subjects of the Russian Federation (heads of the highest executive bodies of state power of the subjects of the Russian Federation), deputies of representative bodies of local self-government and the heads of municipalities and exercising the indicated powers on a permanent basis, as well as military servicemen undergoing military service under a contract, exercising the powers of members of the Federation Council of the Federal Assembly of the Russian Federation, military service in their position is suspended for the entire term of their powers in these bodies with the termination the validity of the contract on their military service and offsetting the period of suspension of military service in the length of service of a serviceman (as amended by Feder 19.06.2004 N 53-FZ, see the text in the previous edition).
From the date of termination of the grounds for suspension of military service, military personnel enter into a new contract for military service or are dismissed from military service on the grounds and in the manner provided for by this Federal Law.
Article 46
1. In the Armed Forces of the Russian Federation, other troops, military formations and bodies, the following compositions of military personnel and military ranks are established:
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2. Before the military rank of a serviceman serving in a guards military unit, on a guards ship, the word "guards" is added.
3. The words "justice" or "medical service" are added to the military rank of a serviceman with a military registration specialty of a legal or medical profile, respectively.
4. To the military rank of a citizen who is in the reserve or retired, the words "reserve" or "retired" are added, respectively.
5. For persons who are not military personnel, it is prohibited to introduce special ranks or class ranks similar to military ranks.
Article 47. Assignment of military ranks
1. Military ranks are assigned to military personnel:
- senior officers - by the President of the Russian Federation;
- up to a colonel or captain of the 1st rank inclusive - by officials in accordance with the Regulations on the procedure for military service.
The terms of military service in military ranks and the procedure for their assignment are determined by the Regulations on the procedure for performing military service.
2. The next military rank is assigned to a serviceman on the day of the expiration of his military service in the previous military rank, if he occupies a military position (position), for which the state provides for a military rank equal to or higher than the military rank assigned to the serviceman.
3. A soldier who has the military rank of an officer and is successfully studying full-time in a military educational institution of higher professional education, as well as in postgraduate or military doctoral studies, the next military rank up to lieutenant colonel or captain 2nd rank inclusive is assigned on the day of the expiration of his military service in previous military rank, regardless of the military position (position) that he held before entering the specified educational institution.
4. The next military rank to a soldier may be awarded ahead of schedule for special personal merits, but not higher than the military rank provided by the state for the military position (position) he occupies.
5. A serviceman whose term of military service in the assigned military rank has expired, for special personal merits, may be awarded a military rank one step higher than the military rank provided by the state for his military position (position), but not higher than the military rank of major or captain 3 rank.
6. When entering the military service of a citizen who is serving or who has served in the internal affairs bodies, the State Fire Service of the Ministry of the Russian Federation for Civil Defense, Emergencies and Disaster Relief, institutions and bodies of the penitentiary system or other law enforcement agencies, military the rank is assigned to him in the manner determined by the Regulations on the procedure for performing military service (as amended by Federal Laws of 07.21.1998 N 117-FZ, of 07.25.2002 N 116-FZ, see the text in the previous edition).
Article 48
1. A serviceman, as well as a citizen who is in the reserve or retired, may be deprived of his military rank only by a court verdict for committing a grave or especially grave crime.
2. A citizen deprived of a military rank, after the removal or cancellation of a criminal record, may be reinstated in the previous military rank by an official who has the right to assign this military rank in accordance with the Regulations on the procedure for military service.
3. A conscripted military serviceman may be reduced in military rank, as well as reinstated in his former military rank in the manner determined by the Disciplinary Charter of the Armed Forces of the Russian Federation.
Article 49
1. The age limit for military service is established for:
- Marshal of the Russian Federation, General of the Army, Admiral of the Fleet, Colonel General, Admiral - 60 years;
- lieutenant general, vice admiral, major general, rear admiral - 55 years;
- colonel, captain of the 1st rank - 50 years;
- a serviceman with a different military rank - 45 years.
2. For female military personnel, the age limit for military service is set at 45 years.
3. With military personnel who have reached the age limit for military service, a contract for military service may be concluded for a period of up to 10 years in the manner determined by the Regulations on the procedure for performing military service, but not more than they reach the age of 65 years.
Section VII. DISMISSAL FROM MILITARY SERVICE
Article 50. General provisions for dismissal from military service
1. Dismissal from military service of senior officers is carried out by the President of the Russian Federation, and military personnel in military ranks up to colonels, captains of the 1st rank inclusive - in the manner established by the Regulations on the procedure for military service.
2. Servicemen are retired from military service to the reserve, and servicemen who have reached the age limit for being in the reserve by the time they are discharged from military service or are recognized as unfit for military service, to retire.
Article 51. Grounds for dismissal from military service
1. A serviceman is subject to dismissal from military service:
a) by age - upon reaching the age limit for military service;
b) upon expiration of the period of military service by conscription or the term of the contract;
c) for health reasons - in connection with the recognition of his military medical commission unfit for military service;
d) for health reasons - in connection with the recognition by the military medical commission of limited fit for military service of a military serviceman who is serving under a contract in a military position for which the state provides for a military rank up to foreman or chief ship foreman inclusive, or undergoing military service by conscription (as amended by Federal Laws No. 75-FZ of June 28, 2002, No. 186-FZ of December 30, 2002, see the text in the previous edition);
e) in connection with the deprivation of his military rank;
f) in connection with the entry into force of a court verdict on imposing a sentence of imprisonment on a serviceman;
g) in connection with expulsion from a military educational institution of vocational education;
h) in connection with the entry into force of a court verdict depriving a serviceman of the right to hold military positions for a certain period (clause "h" was introduced by Federal Law No. 112-FZ of 25.07.2002);
i) in connection with the election of a conscripted military serviceman as a deputy of the State Duma of the Federal Assembly of the Russian Federation, a deputy of the legislative (representative) body of state power of a subject of the Russian Federation, a senior official of a subject of the Russian Federation (head of the highest executive body of state power of a subject of the Russian Federation ), a deputy of a representative body of local self-government or the head of a municipality and the exercise of these powers on an ongoing basis (clauses "i" were introduced by Federal Law No. 53-FZ of 19.06.2004)
2. A serviceman performing military service under a contract may be early dismissed from military service:
a) in connection with organizational and staff activities;
b) in connection with the transfer to the service in the internal affairs bodies, the State Fire Service of the Ministry of the Russian Federation for Civil Defense, Emergencies and Disaster Relief, institutions and bodies of the penitentiary system, bodies for controlling the circulation of narcotic drugs and psychotropic substances or the customs authorities of the Russian Federation (as amended by Federal Laws No. 117-FZ of 21.07.1998, No. 116-FZ of 25.07.2002, No. 86-FZ of 30.06.2003, see the text in the previous wording);
c) in connection with his failure to fulfill the terms of the contract (as amended by Federal Law No. 29-FZ of April 26, 2004, see the text in the previous edition);
d) in connection with the refusal of access to state secrets or the deprivation of the said access;
e) in connection with the entry into force of a court verdict on imposing a suspended sentence on a serviceman, as well as in connection with the entry into force of a court verdict depriving a serviceman of the right to hold military positions for a certain period (as amended by the Federal Law of 07/25/2002 N 112-FZ, see the text in the previous edition);
f) as having failed the test (clause "e" was introduced by Federal Law No. 29-FZ of April 26, 2004).
2.1. Military personnel who have entered into a contract for military service during the period of military service by conscription, subject to dismissal from military service on the grounds provided for in subparagraphs "c" and "f" of paragraph 2 of this article, and at the time of dismissal who have not served their term of military service by conscription, sent for military service by conscription. At the same time, the duration of military service under the contract is counted by him in the period of military service by conscription at the rate of two days of military service under the contract for one day of military service by conscription (clause 2.1 was introduced by Federal Law of 04.26.2004 N 29-FZ).
3. A serviceman doing military service under a contract has the right to early dismissal from military service:
a) in connection with a significant and (or) systematic violation of the terms of the contract in relation to him;
b) for health reasons - in connection with the recognition by the military medical commission as partially fit for military service (with the exception of the persons specified in subparagraph "d" of paragraph 1 of this article);
- (clause "b" as amended by the Federal Law of 06/28/2002 N 75-FZ, see the text in the previous edition).
c) for family reasons:
- in connection with the impossibility of residence of a family member of a serviceman for medical reasons in the area in which the serviceman is doing military service, and in the absence of the possibility of transferring the serviceman to a new place of military service favorable for the residence of the specified family member;
- in connection with a change in the place of military service of the husband-serviceman (wife-serviceman), related to the need to move the family to another locality;
- in connection with the need for constant care for the father, mother, wife, husband, brother, sister, grandfather, grandmother or adoptive parent, who are in need for health reasons in accordance with the conclusion of the state service of medical and social expertise at their place of residence in a permanent outsider care (assistance, supervision) or who are invalids of the first or second group or persons who have reached retirement age due to old age or have not reached the age of 18, in the absence of other persons obliged by law to support these citizens;
- in connection with the need to care for a child under the age of 18, whom a soldier is raising without a mother (father);
d) in connection with the exercise of his powers as a member of the Federation Council of the Federal Assembly of the Russian Federation;
e) in connection with his election as a deputy of the State Duma of the Federal Assembly of the Russian Federation, a deputy of the legislative (representative) body of state power of a constituent entity of the Russian Federation, the highest official of a constituent entity of the Russian Federation (head of the highest executive body of state power of a constituent entity of the Russian Federation) or a deputy of a representative body of local self-government or the head of the municipality and the exercise of these powers on an ongoing basis (as amended by Federal Law No. 53-FZ of June 19, 2004, see the text in the previous edition).
3.1. Upon dismissal from military service on the grounds provided for in subparagraphs "a", "d" and "e" of paragraph 3 of this article, and citizens dismissed from military service on these grounds, the rights and benefits provided for by the legislation of the Russian Federation on the status military personnel for military personnel upon dismissal from military service in connection with organizational and staffing activities and citizens dismissed from military service on this basis (as amended by Federal Laws of 06.28.2002 N 75-FZ, of 04.26.2004 N 29-FZ, see . text in the previous edition).
4. A serviceman who does not have the military rank of an officer and is doing military service by conscription has the right to early dismissal from military service if he has the circumstances provided for by subparagraph "b" of paragraph 2 of Article 23 and subparagraphs "b", "c", " d", "e" and "e" of Clause 1 of Article 24 of this Federal Law (as amended by Federal Law No. 102-FZ of July 19, 2001, see the text in the previous edition).
5. A serviceman who has the military rank of an officer and is doing military service by conscription has the right to early dismissal from military service if he has the circumstances provided for in subparagraph "b" of paragraph 2 of Article 23 and subparagraphs "a", "b" and "c "Clause 1 of Article 24 of this Federal Law (as amended by Federal Law No. 102-FZ of July 19, 2001, see the text in the previous edition).
6. A serviceman performing military service under a contract, at the conclusion of the attestation commission, may be dismissed from military service ahead of schedule at his own request if he has good reasons.
7. A deceased (deceased) serviceman is excluded from the lists of personnel of a military unit from the day after the day of death or death, and a serviceman, in accordance with the procedure established by law, recognized as missing or declared dead - after the day the relevant court decision enters into legal force.
Section VIII. RESERVE OF THE ARMED FORCES OF THE RUSSIAN FEDERATION,
FOREIGN INTELLIGENCE SERVICE OF THE RUSSIAN FEDERATION, FEDERAL SECURITY SERVICE OF THE RUSSIAN FEDERATION
Article 52
1. The reserve of the Armed Forces of the Russian Federation is created from among the citizens of:
- Dismissed from military service with enrollment in the reserve;
- who have successfully completed training under the training program for reserve officers at military departments at state, municipal or state-accredited non-state educational institutions of higher professional education in the relevant areas of training (specialties) and graduated from these educational institutions (as amended by Federal Law of 22.02.2003 N 27 -FZ, see the text in the previous edition);
those who have not completed military service due to exemption from conscription for military service;
- those who have not completed military service in connection with the provision of deferrals upon reaching the age of 27 years;
- not called up for military service for any other reason;
- completed alternative civilian service;
- female, having a military registration specialty.
The reserve of the Foreign Intelligence Service of the Russian Federation and the Federal Security Service of the Russian Federation is created in the manner determined by this Federal Law, other federal laws and other regulatory legal acts of the Russian Federation.
2. A citizen who has successfully completed training under the reserve officer training program at a military department at a state, municipal or state-accredited non-state educational institution of higher professional education in the relevant areas of training (specialties), simultaneously with enrollment in the reserve, is awarded the military rank of officer by the Minister of Defense of the Russian Federation .
Soldiers, sailors, sergeants, foremen, warrant officers and midshipmen of the reserve who have received higher professional or secondary professional education in a civilian specialty, related to the training profile of the corresponding military registration specialty, by the Minister of Defense of the Russian Federation may be awarded the military rank of reserve officer after they have been attested in accordance with the procedure determined by the Regulations on the procedure for military service.
3. To a citizen who has not completed military service due to exemption from conscription for military service or granting him a deferment, as well as to a citizen deprived of his military rank by a court decision, simultaneously with enrollment in the reserve by a military commissar or an official of another body that maintains military records, conferred the rank of private or sailor.
4. A citizen in the reserve undergoes a medical examination to determine his fitness for military service in accordance with the Regulations on military medical examination.
5. Citizens serving in the internal affairs bodies, the State Fire Service of the Ministry of the Russian Federation for Civil Defense, Emergencies and Disaster Relief, institutions and bodies of the penitentiary system, bodies for controlling the circulation of narcotic drugs and psychotropic substances and the customs authorities of the Russian Federation, the military registration specialty is established by the Minister of Defense of the Russian Federation in agreement with the heads of these bodies (as amended by Federal Laws of July 21, 1998 N 117-FZ, of July 25, 2002 N 116-FZ, of June 30, 2003 N 86-FZ, see the text in the previous edition).
Article 53. Composition of stock
1. Citizens in the reserve are divided into three categories:
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2. 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.
3. 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 this Federal Law, is transferred by the military commissar or an official of another body that maintains military records, into retirement and removed from the military accounting.
Article 54
1. To prepare for military service, citizens who are in the reserve may be called up for military training.
Conducting military training for other purposes is not allowed.
2. The duration of military training, the place and time of their conduct are determined by the Ministry of Defense of the Russian Federation or the federal executive body in which military service is provided for by this Federal Law.
3. The duration of the military muster may not exceed two months. The total duration of military training, to which a citizen is involved during his stay in the reserve, cannot exceed 12 months.
4. The frequency of conscription of citizens for military training cannot be more than once every three years.
Article 55
1. Female citizens are exempted from military training.
2. The following are also exempt from military dues:
a) citizens reserved for public authorities, local authorities and organizations for the period of mobilization and in wartime;
b) employees of the internal affairs bodies, the State Fire Service of the Ministry of the Russian Federation for Civil Defense, Emergency Situations and Elimination of Consequences of Natural Disasters, institutions and bodies of the penitentiary system, bodies for controlling the circulation of narcotic drugs and psychotropic substances and customs bodies of the Russian Federation ( as amended by Federal Laws No. 117-FZ of 21.07.1998, No. 116-FZ of 25.07.2002, No. 86-FZ of 30.06.2003, see the text in the previous edition);
c) civilian personnel of the Armed Forces of the Russian Federation, other troops, military formations and bodies, as well as internal affairs bodies, the State Fire Service of the Ministry of the Russian Federation for Civil Defense, Emergencies and Disaster Relief, institutions and bodies of the penitentiary system, bodies for control over the circulation of narcotic drugs and psychotropic substances and the customs authorities of the Russian Federation (as amended by Federal Laws of 21.07.1998 N 117-FZ, of 25.07.2002 N 116-FZ, of 30.06.2003 N 86-FZ, see. text in the previous edition);
d) flight and technical staff, as well as workers and employees of aviation and railway transport, directly carrying out and providing transportation or engaged in the maintenance and repair of aircraft (helicopters), airfield equipment, rolling stock and railway transport devices;
e) the floating composition of the ships of the navy, as well as the floating composition of the river fleet and the fleet of the fishing industry - during the navigation period;
f) citizens directly engaged in sowing and harvesting - during the period of such work;
g) citizens who are teaching staff of educational institutions;
h) citizens studying full-time and part-time (evening) forms of education in educational institutions;
i) citizens studying by correspondence in educational institutions - for the period of examination and credit sessions and writing a thesis;
j) citizens discharged from military service - within two years from the date of transfer to the reserve;
k) citizens who have three or more minor children;
l) citizens who have grounds for deferment from conscription for military service, provided for in subparagraphs "a", "b", "c", "f", "g", "h", "i", "k" and "l" "Clause 1 and Clause 2 of Article 24 of this Federal Law (clause "m" as amended by Federal Law No. 53-FZ of June 19, 2004, see the text in the previous wording);
m) citizens staying outside the Russian Federation;
n) members of the Federation Council of the Federal Assembly of the Russian Federation (clause "o" as amended by Federal Law No. 53-FZ of June 19, 2004, see the text in the previous edition);
o) citizens who have completed alternative civilian service (clause "p" was introduced by Federal Law No. 113-FZ of July 25, 2002).
3. The military commissar has the right to release a citizen from conscription for military training if there are good reasons.
Article 56
1. The procedure for passing military training by citizens in the reserve is determined by the Regulations on the conduct of military training, approved by the Government of the Russian Federation.
2. Material support for citizens undergoing military training is carried out at the expense of the federal budget in the manner and in the amount determined by the Regulations on military training.
Article 57
1. Citizens in the reserve may be awarded the next military ranks on the proposal of the official in charge of military training, only after passing military training and passing tests established by the Minister of Defense of the Russian Federation, but not more than twice during the stay of these citizens in the reserve :
a) to a soldier, sailor, sergeant, foreman, warrant officer and midshipman:
- up to the foreman, the chief ship foreman inclusive - as a military commissar;
- up to senior warrant officer, senior midshipman inclusive - military commissar of a constituent entity of the Russian Federation;
b) an officer:
- up to major, captain of the 3rd rank inclusive - by the commander of the troops of the military district;
- up to colonel, captain of the 1st rank inclusive - by the Minister of Defense of the Russian Federation.
2. Citizens who are in the reserve and do not have the military rank of officer, who have successfully passed tests under the training program for reserve officers during military training, may be awarded the military rank of officer by the Minister of Defense of the Russian Federation.
3. Employees of the internal affairs bodies, the State Fire Service of the Ministry of the Russian Federation for Civil Defense, Emergencies and Disaster Relief, institutions and bodies of the penitentiary system, bodies for controlling the circulation of narcotic drugs and psychotropic substances, customs authorities Russian Federation, as well as persons dismissed from service in these institutions and bodies, military ranks are assigned by the Minister of Defense of the Russian Federation in an attestation procedure, taking into account the special ranks they have (as amended by Federal Laws of 07.21.1998 N 117-FZ, .2002 N 116-FZ, dated 06/30/2003 N 86-FZ, see the text in the previous edition).
4. Citizens who are in the reserve of the Foreign Intelligence Service of the Russian Federation and the Federal Security Service of the Russian Federation are awarded military ranks in the manner established by the regulatory legal acts of the Russian Federation.
Section IX. FINAL PROVISIONS
Article 58
Regulatory legal acts adopted by the High Command of the United Armed Forces of the Commonwealth of Independent States prior to the formation of the Armed Forces of the Russian Federation, by the High Command of the Border Troops of the Commonwealth of Independent States prior to the formation of the Border Troops of the Russian Federation on issues regulated by this Federal Law shall remain in force to the extent not contradicting this Federal law.
Article 59
Citizens who have been exempted from conscription for military service or who have been granted a deferment from conscription for military service in accordance with the USSR Law "On General Military Duty" and the Law of the Russian Federation "On Military Duty and Military Service" enjoy the said exemptions and deferrals until expiration of their validity or until the disappearance of their grounds. Citizens serving in the internal affairs bodies, the State Fire Service of the Ministry of the Russian Federation for Civil Defense, Emergencies and Disaster Relief, institutions and bodies of the penitentiary system on the day of entry into force also have the right to deferment from military service. of this Federal Law, for the period of service in these institutions and bodies (as amended by the Federal Laws of July 21, 1998 N 117-FZ, of July 25, 2002 N 116-FZ, see the text in the previous edition).
Article 60
Military service contracts concluded prior to the entry into force of this Federal Law shall be valid for the periods for which they were concluded.
Article 61
The duration of the active military service of a serviceman until March 1, 1993 is included in the total duration of his military service.
Article 62
Military personnel and citizens who are in the reserve or who are retired retain military ranks that are not provided for by this Federal Law and were previously assigned to them.
Article 63
Propose to the President of the Russian Federation and instruct the Government of the Russian Federation to bring their regulatory legal acts in line with this Federal Law.
Article 64
In connection with the adoption of this Federal Law, to recognize as invalid:
- Law of the Russian Federation "On military duty and military service" (Bulletin of the Congress of People's Deputies of the Russian Federation and the Supreme Council of the Russian Federation, 1993, No. 9, Art. 325);
- Decree of the Supreme Council of the Russian Federation "On the Procedure for Enacting the Law of the Russian Federation "On Military Duty and Military Service" dated February 11, 1993 N 4457-1 (Bulletin of the Congress of People's Deputies of the Russian Federation and the Supreme Council of the Russian Federation, 1993, N 9 , item 326);
- Decree of the Supreme Council of the Russian Federation "On certain measures related to the implementation of the Law of the Russian Federation "On military duty and military service" dated May 19, 1993 N 4983-1 (Bulletin of the Congress of People's Deputies of the Russian Federation and the Supreme Council of the Russian Federation, 1993, No. 24, item 859);
- Decree of the Supreme Council of the Russian Federation "On Amendments to the Decrees of the Supreme Council of the Russian Federation" On the Procedure for Enacting the Law of the Russian Federation "On Defense" and "On the Procedure for Enacting the Law of the Russian Federation "On Military Duty and Military Service" dated July 23 1993 N 5506-1 (Bulletin of the Congress of People's Deputies of the Russian Federation and the Supreme Council of the Russian Federation, 1993, N 32, item 1270);
- Federal Law "On the Introduction of Amendments and Additions to the Law of the Russian Federation "On Military Duty and Military Service" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 1995, No. 18, Art. 1597);
- The Federal Law "On Amendments to the Law of the Russian Federation "On Military Duty and Military Service" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 1996, No. 20, Art. 2322).
Article 65
This Federal Law shall enter into force on the day of its official publication.
The president
Russian Federation
B. YELTSIN
Moscow Kremlin
March 28, 1998
N 53-FZ
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In the Russian Federation, all men are required to do military service, with the exception of those who are not liable for military service due to poor health. The call-up procedure and other aspects are specified in Federal Law No. 53.
Description of the law
The federal law "On military duty and military service" was adopted by members of the State Duma on March 6, 1998. 6 days after its adoption, the bill was approved by the Federation Council (March 12). Law 53 entered into force on March 28, 1998.
This legislative act executes the legal regulation in the field of military service and military duties. The issuance of a law is necessary in order to implement Russian men constitutional duty and obligation to defend the motherland. Also, Federal Law No. 53 carries out legal regulation in relation to foreign citizens who can enter military service on the territory of Russia.
The law under consideration consists of 9 sections and 65 articles:
- The 1st section stipulates general provisions law;
- Section 2 regulates the nuances of military registration;
- Section 3 contains aspects related to voluntary training for the army;
- section number 4 - determines the principles and conditions for conscripting men to serve in the military;
- Section 5 establishes the rules for entering military service on the basis of a contract;
- section number 6 - contains the norms and process of military service;
- Section 7 establishes the reasons and procedure for dismissal from the army;
- section 8 - characterizes the reserve of the Armed Forces;
- section 8.1 - establishes the norms for the mobilization of manpower reserves of the Armed Forces;
- The 9th section reflects the final provisions of the legislative act.
Legal regulation of military affairs is carried out by:
- this Federal Law No. 53;
- Russian Constitution:
- defense laws.
According to this bill, military service includes:
- citizens of the Russian Federation called to serve on a voluntary or contract basis;
- citizens of other states.
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According to the legislation of the Russian Federation, military service is a federal public service, which is performed by citizens of Russia and persons of foreign states.
The Federal Legislative Act contains many aspects and nuances regarding the conditions, procedures, terms of military service and the procedure for registering. For a detailed study of the bill "On military duty and military service" you can download its latest version at
Recent changes to Federal Law No. 53
Over time, changes, additions and amendments are made to each legislative act (with the exception of resolutions on the budget for the coming year). Members of the State Duma are making changes in order to make the law relevant at the present time.
Federal Law No. 53 was improved and it was repeatedly amended, amended and supplemented. Into the bill last changes were submitted on December 28, 2016. Innovations affected 51 articles.
Art 51 p 1
The article is devoted to the grounds for exemption from military service. The grounds for dismissal are:
- age - according to the law, a man who has reached the age limit for being in a military body is subject to release from duties;
- the deadline for the end of military service has come (under a contract or on conscription);
- unsatisfactory state of health leads to unsuitability for military service (only a military medical commission has the right to issue a conclusion on the state of health);
- deprivation of military rank;
- the serviceman has lost the confidence of a person in the highest rank and authorized to draw up an act of dismissal.
In 1 p 51 articles made an addition to subparagraph "d1". The additions relate to the definition of foreign financial instruments and read: “In this case, the concept of “foreign financial instruments” is used in the meaning defined by the said Federal Law.
1 article 53 of the law
This article is about conscription procedure:
- compulsory service training;
- call;
- serving in office;
- stay in reserve.
This article was amended in 2004 and 2005 and remains unchanged in the latest version.
Article 2 F No. 53
According to the provisions of Article 2 of this Law, men may serve in:
- Armed Forces of the Russian Federation;
- Troops national guard Russia;
- Engineering and technical;
- Road-building military formations;
- Rescue military formations;
- Foreign Intelligence Service;
- Bodies of state protection;
- Bodies of the Investigative Committee.
The 2nd article has undergone changes many times, but in the last edition it was not corrected.
Every citizen knows what military service is. But do all the inhabitants of Russia know the Federal Law "On military service and military duty"? The main provisions of this bill will be presented in the article.
Military service
What does the Federal Law "on military duty" say about the very concept of military-type service? According to the bill, this is a special type of public service performed by Russian citizens who do not have foreign citizenship. How exactly should the service be carried out? According to the law, ordinary citizens - on a voluntary basis or by conscription, and foreign nationals - on a contract basis.
The service is carried out in the following instances:
- armed forces of the Russian Federation;
- Russian National Guard;
- engineering and technical and other military formations;
- rescue formations;
- Russian foreign intelligence agencies;
- instances of the Russian federal security service;
- Investigative Committee of the Russian Federation and in some other instances and bodies.
Military duty
The Federal Law "On military duty and military service" considers military duty as a combination of the following elements:
- Military account.
- Service call.
- Preparation for military service.
- Stay in stock.
- Conscription service.
- Military fees.
The Law "On military service and military duty" also regulates the processes that must take place during the mobilization period. Thus, in wartime, the military service of Russian citizens should be determined by federal or federal constitutional laws. Regulations related to mobilization processes, as a rule, provide for:
- call for service during wartime, martial law or mobilization;
- passage special education and direct service.
Citizens of the Russian Federation may be exempted from military duty only in exceptional cases prescribed in the relevant federal laws. It is worth noting the possibility of performing alternative (civilian) service instead of military service.
military registration
The Law "On military service and military duty" also regulates the process of organizing military registration. All must be accounted for Russian citizens, with the exception of:
- women;
- persons serving sentences in places of deprivation of liberty;
- persons released from military service;
- persons already serving in the military.
The entire procedure for military registration is regulated by the presented federal law, approved by the Government of the Russian Federation. Accounting should be carried out by military commissariats at the place of residence of citizens. Sometimes commissariats may have their own structural subdivisions. All powers of military commissars can be transferred to local governments. In this case we will talk about the so-called primary military registration.
Military commissariats are required to collect the following information about each registered citizen:
- name, patronymic and surname;
- marital status;
- Date of Birth;
- citizen education;
- place of work;
- degree of fitness for military service and some other data.
On the preparation of a citizen for service
The Federal Law "On Military Duty and Military Service" also regulates the process of preparing citizens for military service. In particular, it is worth highlighting the following:
- obtaining knowledge in the field of defense;
- patriotic education;
- training in the basics of military service;
- training in registration and military specialties of sailors, soldiers, foremen and sergeants.
Every citizen who is expected to serve in military structures must have basic knowledge in the field of defense and military affairs. The acquisition of knowledge should be carried out in educational organizations within the framework of the secondary education program.
On the call to service
The Law "On military duty and military service" regulates the entire process of conscription. Thus, according to the draft law under consideration, the following categories of citizens are subject to military conscription:
- males from 18 to 27 years;
- persons in reserve;
- persons who are registered with the military, or persons who are not on the lists, but are obliged to be registered.
The following categories of citizens have the right to exemption from military service:
- persons already performing military service;
- persons recognized as limited fit for service for health reasons.
Not subject to military service the following persons:
- having a criminal record - outstanding or not withdrawn;
- serving a sentence;
- against whom a criminal case has been initiated.
Certain categories of citizens can receive the so-called deferment from military service. Here it is worth highlighting persons studying in higher educational institutions, citizens raising two or more children, as well as citizens engaged in the constant care of some close relative.
Contract service
The Federal Law of Russia "On Military Duty and Military Service" also regulates the performance of military service under a contract. What is a contract? This is an agreement concluded between a citizen and the Ministry of Defense of Russia. The contract must contain provisions on the voluntary entry of a citizen into the service, as well as on the timing of military service.
The contract comes into force from the date of its signing. It ceases to operate on the day the serviceman is excluded from the special lists. The conclusion of the contract is regulated by the Federal Law in question, various provisions and regulations. 
A foreigner can also perform military service under a contract. To do this, you must pass a special medical examination. A foreigner entering the service must have a good command of the Russian language and comply with a special psychological selection.
On the performance of duties
The Federal Law of the Russian Federation "On military duty and military service" regulates the main duties of military personnel. Thus, a person performing military duties must:
- take part in hostilities, perform their duties in a state of emergency or martial law;
- participate in the maintenance of international peace and security;
- perform their main duties;
- carry out combat duty, perform duties as part of a daily outfit;
- carry out instructions or orders given by the commander;
- be on a business trip;
- be, if necessary, on treatment;
- undergo military training;
- go to the place of military service, as well as perform many other assigned duties.
About dismissal
The Federal Law of the Russian Federation "On military duty and military service", namely its seventh section, regulates the procedure for dismissal from service. What should be highlighted here? 
If a we are talking about senior officers, the dismissal can only be carried out by the President of Russia. As a rule, military personnel are retired - with the exception of those who retire for health reasons. Which military personnel do not have the right to dismissal with subsequent registration? It is worth highlighting here:
- retired;
- females dismissed or expelled from military professional organizations;
- foreign citizens;
- persons in respect of whom a court verdict on sentencing has entered into force;
- persons elected upon dismissal permanent place residence abroad.
What should be the grounds for dismissal? Here it is worth highlighting the types of layoffs:
- according to the age;
- upon expiration of the term of service under a contract or on conscription;
- because of bad condition health;
- in connection with the deprivation of a previously received military rank;
- due to the loss of confidence of higher ranks.
Thus, the Federal Law of Russia "On military duty and military service" establishes enough a large number of layoffs.
About armed reserve
And what is the reserve in the ranks of the army of the Russian Federation? The bill under consideration says this case on the so-called mobilization deployment of all military formations of the Russian Federation in the cases necessary for that. 
The reserve means the human mobilization reserve. This reserve includes citizens who have concluded an agreement with the Ministry of Defense on staying in the reserve. On the proposal of the President of the Russian Federation or a separate federal body, the military reserve will have to be assembled and formed on a territorial basis.
It is also worth noting that enrollment in the reserve should occur from among persons discharged from military service, as well as from among citizens who have successfully completed their studies in military higher education organizations.
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