How to resign from military service of your own free will? Part 1: good reasons.

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Published: 05/09/2017

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Any person who wants to serve in the army, sooner or later, may face the fact that he will have to quit his job in order to sign a contract with the RF Armed Forces or the RF Ministry of Internal Affairs and undergo further service.

In our article we will answer the most important questions that our readers may have and describe in detail the process of dismissal when subsequently entering military service under a contract.

• Legislation
• Dismissal procedure and procedure
• Payments to a resigning employee
• Is the job retained for an employee who gets a contract?

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Is it possible for a contract serviceman to resign at his own request?

Article 51 of the law on conscription and military service stipulates many reasons for dismissal. The first paragraph indicates reasons that apply to all military personnel. In addition, specifically for contract workers, there are clauses 2, 3 and 6. Dismissal at one’s own request is regulated only by the sixth clause.

It states that an employee can resign of his own free will with the approval of the certification commission and if there is a good reason. The problem is that “good reasons” are not defined in any way. This gives the commander freedom to decide, so everything depends on his attitude.

For your information

To resign at will, you must first draw up a report indicating good reasons for such a decision. After this, the commander sends the military man to the certification commission, which analyzes the materials transferred to it. The commission's conclusion is not binding; the final decision is made by the commander.

Many people mistakenly believe that the category of valid reasons includes only family circumstances, which are described in paragraph 3. Here is a short list of them:

1. Inability for a family member to live with the employee. This usually happens when serving in an area with a harsh climate or when changing location when a spouse cannot move with the military.
2. Due to the need to care for an incapacitated relative. Health problems must be confirmed by a medical examination. In this case, there must be no other relatives capable of caring for the family member.
3. If necessary, care for a child under 18 years of age when there is no other parent (mother/father).
4. Because of the need to care (be a guardian) for a minor sibling when there are no other relatives who could do so.

However, it is not. It is not for nothing that these reasons are presented separately. Yes, because of them it is easiest to achieve dismissal, but the sixth implies precisely other circumstances that are not included in any of the paragraphs of Article 51. It is to assess the “degree of respect” that an attestation commission is created.

Among the arguments of military personnel, the following arguments are often given:

• the inability to support a family on the allowance that a military man receives;
• evasion of the spouse from raising children, when the contract worker does not get a divorce, but the wife is not deprived of parental rights, that is, the reason for dismissal for family reasons is not sufficient;
• wife's pregnancy.

In practice, there is a case when the commission approved the dismissal for the reason that service in the position did not allow the effective use of the level of education (transfer to another position was impossible).

Important

A reason that does not allow a serviceman to comply with the terms of the contract may be considered valid.

At the same time, the “respectfulness” of the reasons is assessed based on the personality of the contractor, as well as his family and financial situation. Therefore, the same reasons may be considered valid for some military personnel, but not for others. Of course, the commission must evaluate the reasons by correlating them with the personality of the serviceman, and not with himself or society.

Valid reasons and grounds for termination of a contract

Law No. 53-FZ establishes 3 categories of dismissal from the Armed Forces:

1. Circumstances beyond the control of the parties: expiration of the contract, the age limit of the serviceman, health conditions that do not allow him to serve.
2. Command initiative: loss of trust, commission of a criminal act and imprisonment, acquisition of another citizenship, gross violation of contract terms by a serviceman, court verdict banning military positions.
3. Initiative of a serviceman (at his own request).

Valid reasons for voluntary dismissal are listed in Art. 51 of Law No. 53-FZ: in paragraphs. 3 and 6 - for contract soldiers and in paragraph 4 - for conscripts.

The Plenum of the Supreme Court of the Russian Federation analyzed the results of court proceedings on this issue and summarized them in 2014 with its Resolution No. 8. The following circumstances are recognized as valid grounds for the dismissal of a contract serviceman at his own request:

1. A health condition that does not allow you to fully perform contractual duties. The proof is the conclusion of the military medical commission.
2. Change of place of residence of the family (wife, children) for objective reasons. The reason may be the lack of adequate living conditions for the family at the place of service, the birth of a child and the lack of conditions for his upbringing, marriage, etc.
3. The need to care for close relatives. These include wife, children, parents. To recognize such a reason, a medical examination conclusion is required.
4. Transfer to another position or new duty station with a demotion.
5. Significant and periodic violation of the terms of the contract by the command (read about the procedure and consequences of dismissing a serviceman for non-compliance with the terms of the contract here).
6. Inconsistency of the proposed position with the received military education.

When performing military service, the presence of supervised minor children, obtaining the status of a single father, the presence of 2 or more own children or a child with a disability under the age of 3 years is recognized as valid reasons.

A valid reason for dismissal from military service is considered to be election to elected bodies (local or federal), obtaining citizenship of another state, or employment in government bodies.

Features and procedure for dismissing a serviceman at his own request

All actions of a serviceman upon dismissal at his own request are regulated by laws and the Charter. To achieve dismissal, you need to follow this procedure:

1. The report is written in two copies. There are no strict requirements for it; free form is allowed.

The report must indicate the reason for voluntary dismissal. The reason (or reasons) must be described in detail and a compelling justification must be given as to why it is no longer possible to serve. Copies of all documents that will prove the existence of reasons for dismissal must be attached to the report. They could be:

• medical examination results;
• new registration of the spouse if she has changed her place of residence;
• the result of a medical examination of an incapacitated relative;
• papers proving the presence of a child who needs to be taken care of, and the absence of other relatives capable of taking on this responsibility.

The report might look like this:

Example

To the commander ___________

________________ (FULL NAME)

military unit No.______

Report

I ask __________________________________________________________________________ (write rank, full name and position) to dismiss me or send a petition to higher authorities for my dismissal from the Armed Forces of the Russian Federation. The reason for my leaving the service is ___________________ (describe in detail the reason for dismissal, preferably even several reasons).

At the same time, I refuse a medical examination by a military medical commission (you can, on the contrary, write that I ask you to send me for an examination).

Position, rank Signature Explanation

date

An attachment with copies of all documents that confirm the existence of a valid reason must be attached to the report separately.

2. Both copies indicate the number of the incoming document and the time of its acceptance into circulation. All this is written in the combat unit, and not by the employees themselves. One copy remains in the archive, the second is given to the military.

According to Article 106 of the Disciplinary Charter, as well as paragraphs 12, 13 of Article 31 of the Regulations on Military Service, a combat unit cannot refuse to consider a military officer’s application, not give official processing to the document, or not register it upon admission.

The second copy of the report will be useful to substantiate the charges in court. It is evidence of illegal actions on the part of management and will be used in legal proceedings.

3. According to Article 116 of the Disciplinary Charter, the report must be considered within 30 days, after which a decision must be made in writing and sent to the employee.

For your information

The report has no statute of limitations. Therefore, if a written response has not been received from the commander within a month, then it is necessary to go to court with a complaint about the inaction of the authorities. The issue can also be resolved through the garrison prosecutor.

4. The commander must present a report to the certification commission. It includes military lawyers and doctors, the unit commander and other officers (depending on the situation). Along with the report, you must provide other documents that prove the military has a valid reason.

5. The commission’s tasks include examining all the employee’s documents and conducting an investigation. The military man's arguments must be listened to. The main goal of the commission is to determine whether the reasons for dismissal are really compelling enough. The whole process takes no more than 7 days, but sometimes the verification takes 2 weeks.

6. The certification commission makes a decision in writing. All documents that were involved in the case must be signed by the military commander in accordance with Order of the Ministry of Defense No. 100 of 04/06/2002.

7. The conclusion of the certification commission is not a reason for dismissal. The final decision is made by the employee's commander. The commission protocol is just a list of arguments that must be taken into account by the boss.

8. The final decision is made by the commander or higher authorities. At the same time, the deadlines are not regulated in any way; it is understood that the decision must be made within a reasonable time. If the military man thinks that the commander is deliberately delaying, then he can go to court or the prosecutor's office.

Information

Before the decision to dismiss, the contract employee is obliged to follow the orders of his superiors and perform his service as usual. The entire process from the day the report is written to the receipt of the result can take more than one month, besides, management often deliberately delays the process, so you need to be patient and write complaints about inaction. After dismissal, payments are due, which are described below.

The procedure for dismissal from the RF Armed Forces

Federal Law No. 53 of March 28, 1998 provides for the procedure for dismissal from military service at the end of the contract, the reasons for this are specified in Article 51:

• reaching the service age limit;
• expiration of the contract;
• recognition as limitedly fit for military service or unfit for this;
• deprivation of military rank;
• loss of trust;
• deprivation of liberty or the right to occupy certain positions on the basis of a court decision;
• election to legislative bodies as a deputy;
• termination of Russian citizenship.

The law does not allow foreigners to serve in the RF Armed Forces. However, dual citizenship is not considered grounds for dismissal. But its presence may prevent the continuation of work in individual military units.

It is possible to dismiss a serviceman early, based on the provisions of Article 51 of Federal Law No. 53. There is a list of reasons why the contract may be terminated.

The process of dismissal from service is quite simple; in short, it boils down to the following:

• writing a report;
• collection of necessary documents by the unit commander or other responsible employee;
• conducting an interview with a candidate for dismissal;
• provision of documents confirming the exclusion from the personnel of a specific military unit.

Dismissal is not always associated with termination of military service. Sometimes it is impossible to transfer a citizen from one unit to another. For example, if it belongs to a different branch of the military. Thus, you must first dismiss, and then submit documents to the military registration and enlistment office to sign a new contract.

To do this, you will need a passport and military ID. A reference from a previous place of service can speed up the process of signing a new contract.

Unit command actions

It is necessary to provide procedural rules for the dismissal of a military personnel at the end of the contract. If everything is not done properly, the decision can be appealed in court. Then the serviceman must be reinstated and paid the money due under the contract.

1. collect data on service, calculate length of service and familiarize the serviceman with the data to clarify whether there will be any objections. It is worth paying close attention to the calculation of length of service, since service in some troops is considered 1:1.5 or 1:2. More on this below;
2. conduct a conversation with the serviceman and write down its main points. The data is signed by both parties.

If the unit commander wants to extend the contract, he must notify of his decision three months before the expiration of the current one. Dismissal of a female military personnel is not permitted during pregnancy or while on maternity leave. The contract is automatically extended for the period of incapacity until the child is 1.5 years old.

Payments to a military personnel upon dismissal at his own request

A pension is granted only upon dismissal due to length of service. Therefore, former military personnel who left the service of their own free will can count on a one-time allowance, bonus and financial assistance.

One-time benefit

Its value depends on length of service and other merits:

• 2 monthly salaries are given to people who have served less than 20 years;
• 7 salaries – for those who served 20 years;
• One more salary may be added if the military man has awards;

Prize

It can be paid for special merits or simply as praise for the conscientious performance of one's official duties. The size depends on the will of the commander. Typically 1, 2 or 3 months' salary is paid. The bonus does not affect the amount of the lump sum benefit.

Material aid

In accordance with the order of the Ministry of Defense under number 2700, a former military man may be provided with financial assistance in the form of an annual payment. Its size must be at least one month’s salary of the employee. The amount of financial assistance depends on the rank and position.

Legislative basis for the dismissal of a military personnel

Federal Law No. 53 “On military duty in military service,” adopted back in 1998, establishes general provisions for the fulfillment of this duty by citizens. The concept of “dismissal” can be applied not only to contract employees who carry it out on the basis of a separate document concluded between the parties. The same term also applies to conscripts, however, it is usually the termination of the agreement with contract soldiers that raises questions.

According to Art. 50 Federal Law No. 53, military personnel are dismissed:

• to the reserve (if they have reached a certain age, they may be called up for military training in the future);
• retired (have reached the reserve age limit or have serious health problems and are declared unfit for service).

The procedure for dismissal of officers up to the rank of colonel or captain 1st rank is determined by Decree of the President of the Russian Federation dated September 16, 1999 No. 1237.

In Art. 51 Federal Law 53 specifies the grounds for dismissal of military personnel from military service; they can be divided into three main groups:

• for reasons beyond the control of the parties (expiration of the term, reaching the age limit, health status);
• at the will of the command (for guilty actions, in case of loss of trust);
• at the initiative of the employee.

Thus, there is no separate article for dismissal from military service under a contract; all grounds for termination of a contract are listed in one article of Federal Law 53. Early dismissal from military service under a contract at the citizen’s own request is possible if there are good reasons.

In addition, the relationship between the parties is regulated by the Regulations on the Procedure for Military Service, approved by Presidential Decree No. 1237 in 1999.