Ministry of Justice of the Russian Federation

"Absent without leave" is not included in the seniority

I have been serving in the Far Eastern Military District since 1975, and I have never violated the Disciplinary Regulations. In December 1999, I left my post without permission and traveled to Ukraine to visit my parents for a month, for valid reasons, as evidenced by the documents I submitted later. I am currently preparing to retire from the military, but I have been informed that the time spent away from my post will not be included in my military service record, nor will it be counted towards my state service record, which would entitle me to a monthly pension supplement.

Please explain whether this is a real situation and whether it is legal. Does the service in harsh climatic conditions count, and how is it carried out according to the law?

Lieutenant-Captain N. SAMOKHVALOV.

Razdolnoye settlement-1

Primorsky Krai

The period of military service that does not count towards the length of service required to qualify for a monthly supplement to the state pension is the period of unauthorized absence from a military unit or place of military service for more than 10 days, regardless of the reason for the absence, and is therefore not included in the calculation of the pension. This provision is regulated by clause 6 of the Instruction on the procedure for applying in the central military administration bodies of the Armed Forces of the Russian Federation Decree of the Government of the Russian Federation No. 1233 of November 11, 1999 (developed in accordance with the Federal Law "On Military Duty and Military Service", "On the Status of Military Personnel" and Decrees of the President of the Russian Federation No. 1237 of September 16, 1999). "Questions of military service", No. 1366 of October 15, 1999 "Questions of military service on conscription").

The terms of continuous service for officers serving in areas with severe climatic conditions are determined by the Decree of the Council of Ministers of the USSR No. 445 of April 6, 1988 "On the service of military personnel of the Ministry of Defense of the USSR, the State Security Committee of the USSR and the Ministry of Internal Affairs of the USSR in areas of the USSR with severe climatic conditions and in Soviet troops temporarily stationed abroad" (Order of the Minister of Defense of the USSR No. 150 of May 5, 1988).

According to the List of Areas in the USSR with Difficult Climatic Conditions, the terms of continuous service for officers are 3, 5, and 10 years.

When calculating the monthly supplement to the state pension for officers, the period of their continuous service in areas with harsh climatic conditions is undoubtedly taken into account upon submission of relevant supporting documents.

If you serve "for that guy"

I am combining my duties as a full-time employee with the duties of a full-time vacant position. Please explain the procedure for temporarily assuming military duties, the payment I am entitled to, and the law that regulates my rights and obligations.

Senior Lieutenant D. DENISENKO.

Moshkovo settlement

Novosibirsk region

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Due to official necessity, a military serviceman may be temporarily assigned to the next equal or higher military position that he holds:

- a vacant (unoccupied) military position - with his consent (temporary performance of the position);

- a non-vacant (occupied) military position - in the event of a temporary absence of the military personnel holding the position, or the removal of the military personnel holding the position.

In such cases, the serviceman is relieved of his duties in his current military position, but he is not relieved of his current military position.

The continuous period of temporary performance of duties in a military position that the serviceman does not hold should not exceed:

- six months in the case of performing duties in a vacant military position;

- four months in the case of performing duties in a vacant military position.

This is regulated by Article 12 of the Regulations on the Procedure for Military Service (Decree of the President of the Russian Federation No. 1237 dated September 16, 1999).

In case of temporary combination of positions in accordance with Article 13 of the order of the Minister of Defense of the Russian Federation ? Since 1998, a serviceman is entitled to an additional payment of 50 percent of the basic salary for the entire period of replacement. At the same time, there are no restrictions on payments for replacement periods.

Who is entitled to leave

A military serviceman is undergoing military service by conscription. At what distance from his place of residence can he serve, and is it taken into account that he has a three-year-old child? Please tell us how he is granted leave, taking into account these circumstances.

Major Vladimir BERBENTSEV.

Boguchar city

Voronezh Region

Currently, military service is carried out in accordance with the Regulations on the Procedure for Military Service (Decree of the President of the Russian Federation No. 1237 of September 16, 1999), and the previously valid Decree of the President of the Russian Federation No. 1237 of September 16, 1999). 4 of 4.01.1999 "Issues of military service" is no longer valid. In accordance with the above-mentioned Regulation, military service is carried out on a conscription basis (Article 2) in areas and branches of the armed forces determined by the commissions of military commissariats in accordance with the existing allocation.

A conscripted military serviceman may be transferred to a new place of military service from one military unit to another (including one located in a different area) within the Armed Forces of the Russian Federation, other troops, military formations, or bodies, due to family circumstances, including if he has a child in his care (Article 15).

It should be noted that conscripted military personnel may be assigned to perform tasks in armed conflicts (to participate in combat operations) during peacetime only on a voluntary basis and only if their military service has lasted at least 12 months.

The procedure for granting leave to conscripted military personnel is regulated by Chapter 7 of the Regulations. Conscripted military personnel may be granted the following types of leave:

one basic leave - 20 days (soldier, sailor), 30 days (sergeant and warrant officer), as well as an additional leave. The duration of a conscript's basic leave may be increased as a reward or reduced as a punishment for up to five days, as determined by the military regulations. Leaves are granted at any time of the year, taking into account the need to alternate periods of use and ensure the combat readiness of the military unit.

Conscripted military personnel who have benefits (Article 12 of the Regulations) can take their main leave at a time convenient for them.

By the decision of the commander of a military unit, conscripts are also granted additional leave, but in cases of personal circumstances: a serious state of health or the death (death) of a close relative (spouse, father, mother...) or a fire or other natural disaster that has befallen the family or close relatives,

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in other exceptional circumstances where the presence of a military member in the family is necessary.

The circumstances for which such leave is granted must be documented. The duration of a leave of absence for personal reasons granted to a serviceman is 10 days and is extended by the number of days required for travel by land (water, air) to and from the place of use of the leave.

How to get a supplement to your pension

Military commissariats are military administration bodies. According to the Regulations on Military Commissariats approved by Presidential Decree No. 1372 dated October 15, 1999, the military commissar has the authority of a deputy head of the relevant local government body for defense matters.

Are the civilian personnel working at the military registration and enlistment office considered to be civil servants, and if so, please explain their rights and benefits regarding the establishment, payment, and recalculation of the monthly supplement to the state pension?

Lyubov POPOVA, a member of the Russian Army.

Belomorsk city,

Republic of Karelia

By order of the Minister of Defense of the Russian Federation ? 614 of December 28, 1999, registered with the Ministry of Justice of the Russian Federation for ? 2066 of 28.01.2000 "On the establishment, payment and recalculation of the amount of the monthly supplement to the state pension for civilian personnel of the Armed Forces of the Russian Federation who held state positions of the Federal state service" established certain benefits and rights of civilians, including those working in military enlistment offices.

According to this order of the Minister of Defense of the Russian Federation, the relevant Instruction on the procedure for applying the Decree of the Government of the Russian Federation No. 1233 of November 11, 1999, in the central military administration bodies of the Armed Forces of the Russian Federation, has been approved, which regulates the relevant benefits and payments for the civilian personnel of the Armed Forces of the Russian Federation. The full text of the above-mentioned documents was published in Rossiyskaya Gazeta on February 17, 2000.

At the same time, it should be noted that monthly supplements to the state pension for civilian personnel of military administration bodies are paid upon dismissal from these positions.

The recalculation of previously assigned pensions for this category of persons is based on the monetary remuneration established as of April 1, 1997, in accordance with the Regulations. The unreceived amounts of monthly supplements resulting from the recalculation are to be paid within two years, starting from January 1, 2000.

The following documents are provided to the commissions for calculating the length of public service that entitles to a monthly supplement to the state pension:

- a standard application form;

- certificate of the monthly salary;

- certificate of periods of public service (employment);

- a certificate from the social security authorities confirming the assigned (early-issued) pension;

- copies of orders of the head of the military administration body on appointment (admission) to the civil service, dismissal (dismissal) from office;

- copies of the employment record book and other documents confirming the length of public service;

~ certificate from the organizational and mobilization body confirming that the military administration body belongs to the Armed Forces of the Russian Federation.

Within 14 days of the application being registered, a decision is made regarding the relevant benefits and payments.

How does the service start?

I studied at the 42nd Naval School in Kronstadt from 1997 to 1998, was in barracks, mastered a military specialty, and after graduation worked on the Navy's support vessels. I was drafted into the Russian Armed Forces at my own request. Can the time spent studying at a military educational institution be counted as part of my military service?

Private Alexander Petrov.

Petrozavodsk,

Republic of Karelia

The procedure for military service is determined by the Federal Law "On Military Duty and Military Service" ? 53-FZ dated March 28, 1998. The term of military service is set at 24 months for conscripts (Article 38).

The beginning of military service for citizens is considered to be the day of departure from the military commissariat of the subject of the Russian Federation to the place of military service. At the same time, the duration of military service during training in a military educational institution of professional education may be counted as part of the period of military service on the basis of two months of military service in the specified educational institution for one month of military service on the basis of conscription (Article 35). This circumstance is taken into account when dismissing from military service (Article 51).

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