The contract is for a year after the age limit of the Ministry of Internal Affairs. Termination of service in internal affairs bodies
Chapter 12. Termination of service in internal affairs bodies
Article 80. Grounds for termination of service in internal affairs bodies
Service in the internal affairs bodies is terminated in the following cases:
1) dismissal of an employee of internal affairs bodies;
2) death (death) of an employee of internal affairs bodies, recognition of an employee of internal affairs bodies in the prescribed manner as missing and (or) declaring him dead.
Article 81. Dismissal from service in internal affairs bodies
1. An employee of the internal affairs bodies is dismissed from service in the internal affairs bodies due to the termination or termination of the contract.
2. An employee of the internal affairs bodies who suspended service in the internal affairs bodies in accordance with Article 37 of this Federal Law, has the right to resign from service in internal affairs bodies on the grounds provided for in Article 82
Article 82. Grounds for termination or termination of the contract
1. The contract is terminated, and an employee of the internal affairs bodies may be dismissed from service in the internal affairs bodies:
1) upon expiration of the fixed-term contract;
2) upon reaching the employee age limit stay in service in the internal affairs bodies, established by Article 88 of this Federal Law.
2. The contract may be terminated, and an employee of the internal affairs bodies may be dismissed from service in the internal affairs bodies:
1) by agreement of the parties;
2) at the initiative of the employee;
3) in connection with a change in the terms of the contract and the employee’s refusal to continue serving in the internal affairs bodies;
4) according to length of service giving the right to receive a pension;
5) in connection with the inconsistency of the employee with the position being filled in the internal affairs bodies - on the basis of the recommendation of the certification commission;
6) in connection with a gross violation of official discipline;
7) in connection with repeated violation of official discipline if the employee has disciplinary action, imposed in writing by order of the head federal body executive power in the field of internal affairs or an authorized manager;
8) for health reasons - on the basis of the conclusion of the military medical commission about limited suitability for service in internal affairs bodies and the inability to perform official duties in accordance with the position being filled in the absence of the possibility of promotion;
9) in connection with the reinstatement of an employee who previously filled this position in the internal affairs bodies (in the event of the refusal of the employee filling this position to be transferred to another position in the internal affairs bodies in accordance with paragraph 5 of part 5 or paragraph 5 of part 7 of the article 30 of this Federal Law);
10) in connection with expulsion from an educational organization higher education federal executive body in the field of internal affairs;
11) in connection with the reduction of a position in the internal affairs bodies, replaced by an employee;
12) due to the expiration of the employee’s tenure at the disposal of the federal executive body in the field of internal affairs, its territorial body or division;
13) in connection with an employee’s refusal without good reason to serve in special conditions in accordance with part 1 of article 35
14) in connection with the employee’s refusal to be transferred to a lower position in the internal affairs bodies in order to execute a disciplinary sanction;
15) due to violation of the terms of the contract by the employee;
16) in connection with violation of the terms of the contract by an authorized manager;
17) at the initiative of an employee in the cases provided for in Article 37 of this Federal Law;
18) in connection with the transfer of an employee to public service other type;
19) in connection with the appointment of an employee to a public position Russian Federation;
20) due to the employee’s failure to comply with the restrictions and prohibitions established by federal laws;
21) in connection with the termination of an employee’s access to information constituting state and other secrets protected by law, if the performance of official duties requires access to such information;
3. The contract is subject to termination, and the employee of the internal affairs bodies is subject to dismissal from service in the internal affairs bodies:
1) in connection with illness - on the basis of the conclusion of a military medical commission about unfitness for service in internal affairs bodies;
2) in connection with the recognition of an employee as incompetent or partially capable by a court decision that entered into legal force;
4) in connection with the termination of citizenship of the Russian Federation or the acquisition of citizenship (nationality) of a foreign state;
5) in connection with the submission by an employee of forged documents or deliberately false information when entering service in the internal affairs bodies, as well as in connection with the submission by an employee of forged documents or deliberately false information during his service in the internal affairs bodies, confirming his compliance with the requirements of the legislation of the Russian Federation Federation in terms of the conditions for filling the corresponding position in the internal affairs bodies, if this does not entail criminal liability;
6) in connection with an employee’s refusal to transfer to another position in the internal affairs bodies in order to eliminate circumstances related to the direct subordination or control of employees who are in a relationship of close kinship or affinity, in accordance with the legislation of the Russian Federation;
7) in connection with an employee’s conviction for a crime; in connection with the termination of criminal prosecution against him due to the expiration of the statute of limitations, in connection with the reconciliation of the parties (except for criminal cases of private prosecution), as a result of an amnesty act, in connection with active repentance, except in cases where at the time of termination of the contract and dismissal from service in the internal affairs bodies, the criminality of the act previously committed by him is eliminated by criminal law;
8) in connection with the call of an employee to military service or referral to an alternative civil service replacing it;
9) in connection with the commission of an offense that discredits the honor of an employee of the internal affairs bodies;
10) in connection with a violation by an employee mandatory rules when concluding a contract;
11) due to the expiration of the period established by Part 5 of Article 37 of this Federal Law for the resumption of service in internal affairs bodies;
12) in connection with an employee’s refusal, without good reason, to be transferred to an equivalent position in the rotation order in accordance with Part 12 of Article 30 of this Federal Law;
7. Termination of a contract on the basis provided for in paragraph 8 or 12 of part 2 of this article is carried out on the initiative of one of the parties to the contract. At the same time, termination of the contract on the initiative of the head of the federal executive body in the field of internal affairs or an authorized head is allowed only if it is impossible to transfer or the employee of the internal affairs bodies refuses to be transferred to another position in the internal affairs bodies.
8. If there are simultaneously several grounds for termination or termination of the contract provided for in Part 1, paragraphs 1, , , , , , and 16 of Part 2 and paragraphs 1 and 3 of Part 3 of this article, the contract is terminated or terminated on one of these grounds at the employee’s choice internal affairs bodies.
9. In the event of detection of violations of the legislation of the Russian Federation committed when making a decision to terminate (terminate) a contract, or in the event of identification (emergence) of new circumstances related to the termination or termination of the contract, the basis on which the relationship with the employee of the internal affairs bodies was terminated or the contract is terminated may be changed by order of the head of the federal executive body in the field of internal affairs or an authorized head.
10. Termination of a contract on the grounds provided for in paragraph 8 of part 2 and paragraph 1 of part 3 of this article is carried out in accordance with the conclusion of the military medical commission. If an employee of the internal affairs bodies has signs of permanent disability, he is sent to an institution medical and social examination to determine permanent disability and (or) establish the fact of disability. The procedure for determining permanent disability of an employee is determined by the Government of the Russian Federation.
11. A contract with an employee of internal affairs bodies convicted of a crime is terminated after the court verdict enters into legal force. If on the day the court verdict came into force the employee was in custody, the contract is terminated from the day the employee was actually taken into custody.
Article 82.1. Dismissal due to loss of confidence
1. An employee of internal affairs bodies is subject to dismissal due to loss of confidence in the event of:
1) failure by an employee of internal affairs bodies to take measures to prevent and (or) resolve a conflict of interest to which he is a party;
2) failure by an employee of internal affairs bodies to provide information about his income, expenses, property and property-related obligations, as well as about income, expenses, property and property-related obligations of his spouse and minor children, or the provision of knowingly false or incomplete information;
3) participation of an employee of internal affairs bodies on a paid basis in the activities of the management body of a commercial organization, with the exception of cases established by federal law;
4) carrying out business activities by an employee of internal affairs bodies;
5) entry of an employee of internal affairs bodies into the management bodies, trustee or supervisory boards, other bodies of foreign non-profit non-governmental organizations and their structural divisions operating on the territory of the Russian Federation, unless otherwise provided by an international treaty of the Russian Federation or the legislation of the Russian Federation;
6) violations by an employee of internal affairs bodies, his wife (husband) and minor children in cases provided for by Federal Law No. 79-FZ of May 7, 2013 “On the prohibition of certain categories of persons from opening and having accounts (deposits) and storing cash cash and valuables in foreign banks located outside the territory of the Russian Federation, to own and (or) use foreign financial instruments", a ban on opening and having accounts (deposits), storing cash and valuables in foreign banks located outside the territory of the Russian Federation, own and (or) use foreign financial instruments.In this case, the concept of “foreign financial instruments” is used in the meaning defined by the specified Federal Law.
2. An employee of the internal affairs bodies, filling the position of a manager (chief), who became aware of the emergence of a personal interest in a subordinate employee of the internal affairs bodies, which leads or may lead to a conflict of interest, is subject to dismissal due to loss of confidence in the event of failure to take measures to preventing and (or) resolving conflicts of interest.
Article 83. Termination of contract by agreement of the parties
The contract may be terminated at any time by agreement of the parties to the contract with the simultaneous release of the employee of the internal affairs bodies from the position being filled and his dismissal from service in the internal affairs bodies in the manner prescribed by this Federal Law.
Article 84. Termination of a contract and dismissal from service in the internal affairs bodies at the initiative of an employee of the internal affairs bodies
1. An employee of internal affairs bodies has the right to terminate a contract and resign from service in internal affairs bodies on his own initiative before the expiration of the contract, submitting a report on this in the prescribed manner one month before the date of dismissal.
2. Before the expiration of the notice period for termination of the contract and dismissal from service in the internal affairs bodies, an employee of the internal affairs bodies has the right to withdraw his report in writing at any time. In this case, the contract with the employee is not terminated and dismissal from service is not made unless another employee or citizen is invited to fill the position filled by this employee in the internal affairs bodies and (or) there are legal grounds to refuse such an employee or citizen appointment to this position.
3. Upon expiration of the notice period for termination of the contract and dismissal from service in the internal affairs bodies, an employee of the internal affairs bodies has the right to stop performing official duties, provided that he complies with the requirements provided for in Part 7 of Article 89 of this Federal Law.
4. With the consent of the head of the federal executive body in the field of internal affairs or an authorized manager, the contract may be terminated and an employee of the internal affairs bodies may be dismissed from service in the internal affairs bodies before the expiration of the notice period for termination of the contract and dismissal from service, but not earlier fulfillment by the employee of the requirements provided for in Part 7 of Article 89 of this Federal Law.
5. If a report on termination of a contract and dismissal from service in the internal affairs bodies is submitted by an employee of the internal affairs bodies due to the impossibility of further performance of official duties (enrollment in educational organization, election (appointment) to a public office of the Russian Federation, to a position of state or municipal service in accordance with paragraphs 1 - 4 and 6 of part 1 of Article 37 of this Federal Law), the head of the federal executive body in the field of internal affairs or an authorized head is obliged to terminate the contract and dismiss the employee from service within the period specified in the report, taking into account the time required to transfer cases and make final payments to the employee.
6. Upon termination, at the initiative of an employee of the internal affairs bodies, of a fixed-term contract provided for in paragraphs 3 and 4 of part 5 of Article 22 of this Federal Law, the employee is obliged to reimburse the federal executive body in the field of internal affairs for training costs, with the exception of cases of termination of the contract for one of the following reasons:
1) the conclusion of the military medical commission on the impossibility of residence for a family member of an employee medical indications in the locality in which the employee serves in the internal affairs bodies, and the inability to transfer the employee to serve in another locality;
2) the need for constant care for a father, mother, spouse, son (daughter) or adoptive parent who, for health reasons, in accordance with the conclusion of the medical and social examination body at their place of residence, requires constant outside care (assistance, supervision), or who have reached retirement age, or are disabled people of group I or II, in the absence of the possibility of care from other persons obligated by law to support these citizens;
3) the need to care for a child under the age of 18, whom the employee is raising without a mother (father);
4) state of health (illness) - on the basis of the conclusion of a military medical commission on limited suitability (unfitness) for service in internal affairs bodies and on the inability to perform official duties in accordance with the position being filled.
7. If, after the expiration of the notice period for termination of the contract and dismissal from service in the internal affairs bodies, the contract is not terminated and the employee of the internal affairs bodies does not insist on dismissal, the contract continues on the same terms.
8. An employee of internal affairs bodies does not have the right to terminate a contract on his own initiative during the period of service in internal affairs bodies under the special conditions provided for in Article 35 of this Federal Law.
Article 85. Termination of a contract on the initiative of the head of the federal executive body in the field of internal affairs or an authorized head
1. Termination of a contract on the initiative of the head of the federal executive body in the field of internal affairs or an authorized head and dismissal from service in internal affairs bodies on the grounds provided for in paragraph 5, , , , or 13 of part 2 of Article 82 of this Federal Law are permitted subject to notification about this to an employee of the internal affairs bodies within the period established by part 2 of this article.
2. The contract is terminated and the employee of the internal affairs bodies is dismissed from service in the internal affairs bodies:
3. With the consent of an employee of the internal affairs bodies, the contract may be terminated before the expiration of the deadlines established by part 2 of this article.
Article 86. Termination of a fixed-term contract due to its expiration
1. A fixed-term contract is terminated upon expiration of its validity period, of which the employee of the internal affairs bodies must be notified in writing no later than seven working days before the expiration of the specified period.
3. Upon expiration of the previous fixed-term contract, a new fixed-term contract may be concluded with an employee of the internal affairs bodies.
Article 87. Termination of a contract due to violation of mandatory rules during its conclusion
Termination of a contract due to a violation of the mandatory rules established by this Federal Law and other federal laws during its conclusion, if such a violation precludes the possibility of further replacement by an employee of the internal affairs bodies of a position and service in the internal affairs bodies, is carried out in the following cases:
1) concluding a contract with a citizen in violation of a court verdict that has entered into legal force depriving this citizen of the right to occupy certain positions in internal affairs bodies or engage in certain activities;
2) concluding a contract with a citizen providing for the performance of official duties that are contraindicated for him for health reasons in accordance with the conclusion medical organization issued before the conclusion of the contract;
3) concluding a contract with a citizen who does not have a document on education and (or) qualifications, if the performance of official duties provided for in the contract requires special knowledge in accordance with the legislation of the Russian Federation;
4) in other cases provided for by the legislation of the Russian Federation.
Article 88. Termination of contract upon reaching the age limit for service in the internal affairs bodies
1. The age limit for serving in internal affairs bodies is:
1) for an employee of internal affairs bodies who has the special rank of police general of the Russian Federation, colonel general of police, colonel general internal service or Colonel General of Justice - 65 years;
2) for an employee of internal affairs bodies who has the special rank of lieutenant general of police, lieutenant general of internal service, lieutenant general of justice, major general of police, major general of internal service or major general of justice - 60 years;
3) for an employee of internal affairs bodies with the special rank of police colonel, internal service colonel or justice colonel - 55 years old;
4) for an employee of internal affairs bodies with another special rank - 50 years.
Article 85. Termination of a contract on the initiative of the head of the federal executive body in the field of internal affairs or an authorized head
1. Termination of a contract on the initiative of the head of the federal executive body in the field of internal affairs or an authorized head and dismissal from service in the internal affairs bodies are permitted subject to advance notification of this to the employee of the internal affairs bodies.
2. The contract is terminated and the employee of the internal affairs bodies is dismissed from service in the internal affairs bodies:
1) no earlier than two months from the date of notification of termination of the contract - on the basis provided for in paragraph 8, 9 or 11 of part 2 of Article 82 of this Federal Law;
2) no earlier than two weeks from the date of notification of termination of the contract - on the basis provided for in paragraph 5, 12, 13 or 15 of part 2 of Article 82 of this Federal Law.
3. With the consent of an employee of the internal affairs bodies, the contract may be terminated before the expiration of the deadlines established by part 2 of this article.
4. Termination of a contract on the initiative of the head of the federal executive body in the field of internal affairs or an authorized manager during the period of temporary incapacity for work of an employee of the internal affairs bodies or while he is on vacation or on a business trip is not allowed.
Article 86. Termination of a fixed-term contract due to its expiration
1. A fixed-term contract is terminated upon expiration of its validity period, of which the employee of the internal affairs bodies must be notified in writing no later than seven working days before the expiration of the specified period.
2. The fixed-term contract provided for in clauses 2, 3 and 7 of part 5 of article 22 of this Federal Law is terminated upon the occurrence of an event with which its termination is associated.
3. Upon expiration of the previous fixed-term contract, a new fixed-term contract may be concluded with an employee of the internal affairs bodies.
Article 87. Termination of a contract due to violation of mandatory rules during its conclusion
Termination of a contract due to a violation of the mandatory rules established by this Federal Law and other federal laws during its conclusion, if such a violation precludes the possibility of further replacement by an employee of the internal affairs bodies of a position and service in the internal affairs bodies, is carried out in the following cases:
1) concluding a contract with a citizen in violation of a court verdict that has entered into legal force depriving this citizen of the right to occupy certain positions in internal affairs bodies or engage in certain activities;
2) concluding a contract with a citizen providing for the performance of official duties that are contraindicated for him for health reasons in accordance with the conclusion of a medical organization issued before the conclusion of the contract;
3) concluding a contract with a citizen who does not have an education document, if the performance of official duties provided for in the contract requires special knowledge in accordance with the legislation of the Russian Federation;
4) in other cases provided for by the legislation of the Russian Federation.
Article 88. Termination of a contract upon reaching the age limit for serving in the internal affairs bodies
1. The age limit for serving in internal affairs bodies is:
1) for an employee of internal affairs bodies who has the special rank of police general of the Russian Federation, colonel general of police, colonel general of internal service or colonel general of justice - 65 years;
2) for an employee of internal affairs bodies who has the special rank of lieutenant general of police, lieutenant general of internal service, lieutenant general of justice, major general of police, major general of internal service or major general of justice - 60 years;
3) for an employee of internal affairs bodies with the special rank of police colonel, internal service colonel or justice colonel - 55 years old;
4) for an employee of internal affairs bodies with another special rank - 50 years.
2. When an employee of the internal affairs bodies reaches the age limit for serving in the internal affairs bodies, the contract is terminated and the employee is dismissed from service in the internal affairs bodies, except for the cases provided for by this Federal Law.
3. With an employee of the internal affairs bodies who has reached the age limit for serving in the internal affairs bodies, who has a positive final certification and meets the health requirements for employees of the internal affairs bodies in accordance with the conclusion of the military medical commission, with his consent and on his report, he may a new contract must be concluded annually, but not more than for five years after reaching the age limit for serving in the internal affairs bodies.
4. The procedure for concluding a new contract with an employee of internal affairs bodies who holds a position of senior command and has reached the age limit for serving in internal affairs bodies is established by the President of the Russian Federation.
Article 89. Procedure for dismissal from service in internal affairs bodies and exclusion from the register of employees of internal affairs bodies
1. Termination or dissolution of a contract with an employee of internal affairs bodies, his dismissal from service in internal affairs bodies and exclusion from the register of employees of internal affairs bodies are carried out by the head of the federal executive body in the field of internal affairs or an authorized head.
2. The procedure for submitting employees of internal affairs bodies for dismissal from service in internal affairs bodies and the procedure for processing documents related to the termination or termination of a contract, dismissal from service and exclusion from the register of employees of internal affairs bodies are determined by the head of the federal executive body in the field of internal affairs. .
3. An employee of the internal affairs bodies, filling a position of senior management, is dismissed from service in the internal affairs bodies by order of the head of the federal executive body in the field of internal affairs after being released from office by decree of the President of the Russian Federation.
4. An employee of internal affairs bodies who has the special rank of police colonel, colonel of internal service or colonel of justice is dismissed from service in internal affairs bodies by order of the head of the federal executive body in the field of internal affairs. In this case, the date of dismissal of the employee is established by order of the authorized manager, taking into account the provisions of Part 12 of this article.
5. For an employee of the internal affairs bodies, dismissed from service in the internal affairs bodies, a statement is issued containing information about the grounds for dismissal, length of service (length of service) in the internal affairs bodies, age, state of health of the employee, whether he has rights to receive social benefits guarantees depending on the grounds for dismissal, as well as other information, the list of which is determined by the federal executive body in the field of internal affairs.
6. In the event of the death of an employee of the internal affairs bodies, he is declared missing in the prescribed manner and (or) declared dead by the personnel unit of the federal executive body in the field of internal affairs, a conclusion is drawn up containing information about the employee’s family members and other persons, entitled to receive social guarantees in accordance with the legislation of the Russian Federation.
7. An employee of the internal affairs bodies, dismissed from service in the internal affairs bodies, is obliged to hand over the weapons assigned to him, other property and documents to the appropriate unit of the federal executive body in the field of internal affairs, its territorial body, unit, and his service ID and badge with personal number to the relevant personnel department.
8. On the last day of service of an employee of the internal affairs bodies, the authorized manager or, on his behalf, another official is obliged to issue this employee a work book and make final payments to him.
9. If on the last day of service in the internal affairs bodies, an employee of the internal affairs bodies does not receive a work book for reasons beyond the control of the authorized manager, the employee is sent a notice of the need to appear for the work book or agree to have it sent by mail. From the date of sending the specified notification, the authorized manager is released from liability for delay in issuing work book.
10. Upon a written request from a citizen who has not received a work book after dismissal from service in the internal affairs bodies, the authorized manager is obliged to issue it or send it by registered mail with a notification of personal delivery to the addressee and a list of the contents within three working days from the date of the citizen’s application.
11. A citizen dismissed from service in internal affairs bodies must be excluded from the register of employees of internal affairs bodies no later than one month from the date of issuance of the dismissal order.
12. Dismissal from service in the internal affairs bodies of an employee of the internal affairs bodies during the period of his temporary incapacity for work, while on vacation or on a business trip is not allowed.
13. A deceased (deceased) employee of the internal affairs bodies who was recognized as missing in the established order or declared dead is excluded from the register of employees of the internal affairs bodies from the date of death (death) or the entry into force of a court decision recognizing the employee as missing or declaring him dead .
Article 90. Burial and honoring
1. Guarantees for the burial of a deceased (deceased) employee of the internal affairs bodies, a citizen dismissed from service in the internal affairs bodies on the grounds provided for in paragraph 2 of part 1, paragraph 8 or 11 of part 2 or paragraph 1 of part 3 of Article 82 of this Federal Law are established by legislative and other regulatory legal acts Russian Federation.
2. The procedure for paying honors at burial and the procedure for enrolling an employee of internal affairs bodies forever in the register of employees of internal affairs bodies are determined by the federal executive body in the field of internal affairs.
Client clarification
IN this moment I was refused by the OK Ministry of Internal Affairs to issue a referral to the IHC. Do I have the right to request a referral to VVC?
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Lawyers' answers (9)
- 9.3 rating
- expert
received
fee 33%Lawyer
Chat- 7.1 rating
Good afternoon In your case, the contract is terminated and no extension is provided.
Federal Law of November 30, 2011 N 342-FZ (as amended on July 3, 2016) “On service in the internal affairs bodies of the Russian Federation and amendments to certain legislative acts of the Russian Federation” (as amended and supplemented, came into force on 07/15/2016) Article 82. Grounds for termination or termination of the contract
1. The contract is terminated, and an employee of the internal affairs bodies may be dismissed from service in the internal affairs bodies:
1) upon expiration of the fixed-term contract;
2) upon the employee reaching the age limit for serving in internal affairs bodies, established by Article 88 of this Federal Law.
2. The contract may be terminated, and an employee of the internal affairs bodies may be dismissed from service in the internal affairs bodies:
1) by agreement of the parties;
2) at the initiative of the employee;
3) in connection with a change in the terms of the contract and the employee’s refusal to continue serving in the internal affairs bodies;
4) according to length of service giving the right to receive a pension;
5) in connection with the inconsistency of the employee with the position being filled in the internal affairs bodies - on the basis of the recommendation of the certification commission;
6) in connection with a gross violation of official discipline;
…
4) for an employee of internal affairs bodies with another special rank - 50 years.Was the lawyer's response helpful? + 0 - 0
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fee 42%Lawyer, Yaroslavl
Chat- 9.3 rating
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fee 25%Lawyer, Barnaul
Chat- 10.0 rating
In your case, the contract is terminated and no extension is provided.
Kashina NadezhdaMy colleague is not entirely right, in the sense that extending the contract is possible by concluding a contract beyond the age limit.
As indicated by Ruslan Grigoriev, an extension is possible on the basis of Article 88 of the Federal Law of November 30, 2011 N 342-FZ “On service in the internal affairs bodies of the Russian Federation and amendments to certain legislative acts of the Russian Federation.”
At the same time, you have the right to apply for a contract beyond the age limit, subject to the requirements of paragraph 3 of Article 88 of the Federal Law.
You do not belong to the positions of senior management.
The president
Russian Federation
D.MEDVEDEV
Moscow Kremlin
March 1, 2011
N 253SCROLL
POSITIONS OF SENIOR MANAGEMENT STAFF
IN THE INTERNAL AFFAIRS BODIES OF THE RUSSIAN FEDERATION,
IN THE BUREAU FOR THE COORDINATION OF COMBATING ORGANIZED CRIME
AND OTHER DANGEROUS TYPES OF CRIMES IN THE TERRITORIES
STATES - PARTICIPANTS OF THE COMMONWEALTH OF INDEPENDENTS
STATES AND THEIR RELEVANT
POSITIONS OF SPECIAL RANKSFrom Major General (my note)
Article 88. Termination of a contract upon reaching the age limit for serving in the internal affairs bodies
1. The age limit for serving in internal affairs bodies is:
1) for an employee of internal affairs bodies who has the special rank of police general of the Russian Federation, colonel general of police, colonel general of internal service or colonel general of justice - 65 years;
2) for an employee of internal affairs bodies who has the special rank of lieutenant general of police, lieutenant general of internal service, lieutenant general of justice, major general of police, major general of internal service or major general of justice - 60 years;
3) for an employee of internal affairs bodies with the special rank of police colonel, internal service colonel or justice colonel - 55 years old;
4) for an employee of internal affairs bodies with another special rank - 50 years.2. When an employee of the internal affairs bodies reaches the age limit for serving in the internal affairs bodies, the contract is terminated and the employee is dismissed from service in the internal affairs bodies, except for the cases provided for by this Federal Law.
3. With an employee of the internal affairs bodies who has reached the age limit for serving in the internal affairs bodies, who has a positive final certification and meets the health requirements for employees of the internal affairs bodies in accordance with the conclusion of the military medical commission, with his consent and on his report, he may a new contract must be concluded annually, but not more than for five years after reaching the age limit for serving in the internal affairs bodies.
4. The procedure for concluding a new contract with an employee of internal affairs bodies who holds a position of senior command and has reached the age limit for serving in internal affairs bodies is established by the President of the Russian Federation.
I also attach judicial practice in a situation similar to yours.
Sincerely! G.A... Kuraev
- Supreme Court dismissal is extreme~.docx
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Lawyer, Moscow
ChatHello, in your case there is no contract extension
Federal Law of November 30, 2011 N 342-FZ
(as amended on 07/03/2016)
“On service in the internal affairs bodies of the Russian Federation and amendments to certain legislative acts of the Russian Federation”
(with amendments and additions, entered into force on July 15, 2016)
Article 22. Types and duration of the contract
5. A contract for a specific period (hereinafter referred to as a fixed-term contract) is concluded:
10) with an employee of internal affairs bodies who has reached the age limit for serving in internal affairs bodies - for the period determined in accordance with Article 88 of this Federal Law;These are the grounds for your holiday, so everything is legal.
11. An employee of internal affairs bodies who is dismissed from service in internal affairs bodies on the grounds provided for in Part 1, paragraph 1, 2, 3, 4, 8, 9, 11, 13, 16, 17, 18, 19 or 21 of Part 2 or clause 6, 11 or 12 of part 3 of article 82 of this Federal Law, at his request, vacations provided for by the legislation of the Russian Federation are provided.
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Client clarification
The fact that an employee of internal affairs bodies must be notified 6 months in advance about dismissal and must be provided with all allotted vacations I know. In my case, I was notified of the termination of the contract 30 days before reaching the age limit. The next leave before the expiration of the contract and the age limit was granted to me by an employee of the OK Ministry of Internal Affairs. It's about that when I reached the age limit, I was in hospital and upon recovery, since the new calendar year had arrived, I submitted a report on leave for 2016, which was approved. Due to the fact that earlier in 2013 I suffered serious harm to my health while performing official duties, I am forced to undergo treatment. In such a situation, are the actions of the OK Ministry of Internal Affairs legal?
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fee 33%Lawyer
Chat- 7.1 rating
Svetlana, in accordance with Federal Law dated November 30, 2011 N 342-FZ (as amended on July 3, 2016) “On service in the internal affairs bodies of the Russian Federation and amendments to certain legislative acts of the Russian Federation,” the decision to send to the IHC falls within the competence of your supervisor. If you have been on sick leave for more than 4 months during the year, you have the right to request a referral to the VVC.
Article 65. Release of an employee of internal affairs bodies from performing official duties due to temporary incapacity for work
1. The release of an employee of internal affairs bodies from performing official duties due to temporary disability is carried out on the basis of a conclusion (a certificate of exemption from performing official duties due to temporary disability) of a medical organization of the federal executive body in the field of internal affairs, and in the absence of such a medical organization at the place service, place of residence or other location of an employee - another medical organization of the state or municipal health care system.
2. The form and procedure for issuing a certificate of exemption from official duties due to temporary disability are approved by a joint order of the federal executive body exercising the functions of developing public policy and legal regulation in the field of healthcare, and the federal executive body in the field of internal affairs.
3. If an employee of the internal affairs bodies was released from official duties due to temporary incapacity for a total of more than four months within twelve months, he may be sent to medical examination(examination) in military medical commission to resolve the issue of his suitability for further service in the internal affairs bodies or the continuation of treatment. In this case, the employee may be placed at the disposal of the federal executive body in the field of internal affairs.
4. The time an employee of the internal affairs bodies spends under treatment in connection with an injury or other damage to health (disease) received in the performance of official duties is not limited. An employee who has received an injury or other damage to health (disease) is sent for a medical examination (examination) to a military medical commission upon completion of treatment or depending on the determined outcome of the injury or other damage to health (disease).Was the lawyer's response helpful? + 0 - 0
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received
fee 42%Lawyer, Yaroslavl
Chat
received
fee 42%
Lawyer, Yaroslavl
Chat
Hello! According to Part 3 of Art. 83 Federal Law of November 30, 2011 N 342-FZ
(as amended on 07/03/2016)
With an employee of the internal affairs bodies who has reached the age limit for serving in the internal affairs bodies, who has a positive final certification and meets the health requirements for employees of the internal affairs bodies in accordance with the conclusion of the military medical commission, with his consent and according to his report a new contract can be concluded annually, but no more than five years after reaching the age limit for serving in the internal affairs bodies.
Thus, the contract cannot be extended beyond the age limit and is of an express nature, namely on the basis of a report.
Since you did not submit a report on the contract extension, the OK inspector turns out to be right.
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