Law "On Military Service and Military Duty": description, features
Every citizen knows what he represents.a military service. But are all the inhabitants of Russia aware of the Federal Law "On Military Service and Military Duty"? The main provisions of this bill will be presented in the article.
That the Federal Law "on military service andmilitary duty "speaks about the very concept of a military type service According to the bill, this is a special type of state duty performed by Russian citizens who do not have foreign citizenship at the same time.How exactly should the service be carried out? According to the law, ordinary citizens - on a voluntary basis or on conscription , and foreign subjects - under the contract.
The service is carried out in the following instances:
- the armed forces of the Russian Federation;
- the Russian National Guard;
- engineering and other military formations;
- rescue teams;
- bodies of Russian foreign intelligence;
- instances of the Russian Federal Security Service;
- Investigative Committee of the Russian Federation and in some other instances and bodies.
The Federal Law "On Military Duty and Military Service" considers military duty as a combination of the following elements:
- Military records.
- Call for service.
- Preparation for military service.
- Stay in stock.
- Service on call.
- Military charges.
The Law "On Military Service and Military Duty"regulates also the processes that must occur during the mobilization period. Thus, in wartime, the military service of Russian citizens must be determined by federal or federal constitutional laws. Normative acts related to mobilization processes, as a rule, provide for:
- call for service during wartime, martial law or mobilization;
- the passage of special training and direct service.
Citizens of the Russian Federation can be exempted from militaryduties only in exceptional cases, prescribed in the relevant federal laws. It is worth noting and the possibility of implementing an alternative (civil) service in exchange for the military.
The Law "On Military Service and Military Duty" regulates also the process of organizing military records. All Russian citizens should be subject to accounting, except for:
- persons serving sentences in places of deprivation of liberty;
- persons released from military service;
- persons who are already carrying military service.
The entire order of military registration is regulatedsubmitted by the federal law approved by the Government of the Russian Federation. Records must be made by military commissariats at the place of residence of citizens. Sometimes the commissariats can have their own structural units. All the powers of the military committees can be transferred to local self-government bodies. In this case, we will talk about the so-called primary military registration.
The military commissariats are obliged to collect the following information about each registered citizen:
- name, patronymic and surname;
- marital status;
- Date of Birth;
- education of a citizen;
- place of work;
- the 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 here it is worth highlight the following:
- gaining knowledge in the field of defense;
- patriotic education;
- training on the basics of military service;
- training in the accounting and military specialties of sailors, soldiers, sergeants and sergeants.
Every citizen who is expected to serve in themilitary structures, must have basic knowledge in the field of defense and military affairs. The acquisition of knowledge should be carried out in educational organizations as part of the secondary education program.
About the call to the service
The Law "On Military Duty and Military Service" regulates the entire recruitment process. So, according to the bill under consideration, the following categories of citizens are subject to military conscription:
- males from 18 to 27 years;
- persons in reserve;
- persons who are on the military register, or persons who are not on the lists, but who are required to be registered.
The following categories of citizens have the right to release from military service:
- persons already performing military service;
- Persons recognized as having limited access to service for health reasons.
The following persons are not subject to military service:
- having a previous conviction - outstanding or not discharged;
- serving sentences;
- in respect of which a criminal case has been initiated.
Individual categories of citizens may bea so-called postponement from military service was received. Here it is necessary to distinguish persons studying in higher educational institutions, citizens who bring up two or more children, as well as citizens engaged in constant care for a close relative.
Federal Law of Russia "On Military Dutyand military service "also regulates military service on a contract basis.This is a contract concluded between a citizen and the Ministry of Defense of Russia.The contract must contain provisions on the voluntariness of the citizen's admission to the service, as well as on the timing of military service.
The contract comes into legal force from the day of itssigning. He stops his action on the day of excluding a serviceman from special lists. The conclusion of the contract is governed by the Federal Law in question, various provisions and normative acts.
The military service under the contract can andforeigner. For this it is necessary to undergo a special medical examination. A foreigner who enters the service must have a good command of the Russian language and correspond to 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 servicemen. Thus, a person performing military duties must:
- take part in hostilities, fulfill their duties in an emergency or martial law;
- to participate in the maintenance of international peace and security;
- perform their basic duties;
- To carry out combat duty, to perform duties in the composition of the daily outfit;
- execute orders or orders issued by the commander;
- be on a business trip;
- be, if necessary, on treatment;
- to undergo military training;
- go to the place of military service, and perform many other duties.
About the 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 it is a question of higher officers, then dismissalcan only be carried out by the President of Russia. As a rule, military personnel are retired to the reserve - except for those who are retired due to health reasons. What servicemen do not have the right to be dismissed with subsequent registration? Here it is worth highlighting:
- dismissed in resignation;
- women, dismissed or expelled from military professional organizations;
- foreign citizens;
- Persons in respect of whom the judicial sentence on the imposition of punishment entered into force;
- Persons who chose to permanently reside abroad when they leave the country.
And what should be the grounds for dismissal? Here it is worth highlighting types of layoffs:
- according to the age;
- after the expiry of the term of service under the contract or on conscription;
- due to poor health;
- in connection with the deprivation of the military rank obtained earlier;
- because of the loss of confidence of higher ranks.
Thus, the Federal Law of Russia "On Military Duty and Military Service" fixes a sufficiently large number of moments associated with layoffs.
About the Armed Reserve
And what is the reserve in the ranks of the armyRussian Federation? The bill in question speaks in this case of the so-called mobilization deployment of all military formations of the Russian Federation in the necessary cases.Under the reserve is meant the human mobilizationreserve. This reserve includes citizens who have signed an agreement with the Ministry of Defense to stay in 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 the enrollment in the reserveshould occur from the number of persons discharged from military service, as well as from the number of citizens who successfully graduated from military higher education institutions.