Some problems of extending the status of military personnel to citizens in the reserve were previously considered in the articles by K.V. Fateeva*(1) and S.V. Kornishina * (2). These authors raised questions about the imperfection of the status of citizens in the reserve, mediated by the imperfection of the legislation regulating it. In particular, these authors found that citizens in the reserve "do not perform military service in the full sense, and the status of military personnel cannot be extended to them in its entirety ... in relation to them, we can only talk about certain rights, duties and partially - the responsibility of military personnel in the cases and in the manner provided for by federal laws and other regulatory legal acts of the Russian Federation "* (3).
The topic raised by K.V. Fateev and S.V. Kornishin, is today one of the most relevant. For this reason, the issues of the status of citizens in the reserve need a detailed study, and the norms of the legislation containing its elements need significant changes and additions.
In this article, the author will consider one of the issues of extending the status of military personnel to citizens in the reserve - the assignment of military ranks.
As stated in Art. 24 of the Regulations on the procedure for military service, approved by Decree of the President of the Russian Federation of September 16, 1999 N 1237, citizens in the reserve may be awarded the first and next military ranks. At the same time, a military rank may be awarded to a citizen in the reserve if the specified citizen is assigned or can be assigned to a military unit (intended or may be assigned to a special formation) for conscription for military service for mobilization to a position for which the military staff time, a military rank is provided that is equal to or higher than the military rank assigned to a citizen who is in the reserve, and the next military rank, in addition, after the expiration of the established period of stay in the previous military rank. At the same time, a citizen who is in the reserve can be awarded a military rank after he has passed military training and passed the relevant tests, or in an attestation procedure.
Recall that the terms for being in the reserve in the following military ranks are set:
a) private or sailor - five months;
b) junior sergeant or foreman of the 2nd article - one year;
c) sergeant or foreman of the 1st article - two years;
d) senior sergeant or chief foreman - three years;
e) ensign or midshipman - three years;
f) junior lieutenant - two years;
g) lieutenant - three years;
h) senior lieutenant - three years;
i) captain or captain-lieutenant - four years;
j) major or captain of the 3rd rank - five years;
k) lieutenant colonel or captain of the 2nd rank - six years.
A citizen who is in the reserve of the Armed Forces of the Russian Federation, if he has experience in a specialty related to military registration, the first military rank of an officer may be awarded by the Minister of Defense of the Russian Federation in an attestation procedure:
a) having a higher professional education - a lieutenant;
b) having a secondary vocational education - junior lieutenant.
The next military rank to a citizen who is in the reserve of the Armed Forces of the Russian Federation may be awarded:
a) to a soldier, sailor, sergeant, foreman, warrant officer and midshipman:
- up to the foreman or the chief ship foreman inclusive - by the military commissar;
- up to and including senior warrant officer or senior midshipman - by the military commissar of a constituent entity of the Russian Federation;
b) to an officer: up to and including a colonel or captain of the 1st rank - by the Minister of Defense of the Russian Federation.
The next military rank may be awarded to a citizen who is in the reserve of the Armed Forces of the Russian Federation:
a) up to and including the senior lieutenant - with a positive attestation;
b) from a captain or lieutenant commander to a colonel or captain of the 1st rank inclusive - when he passes military training for a position corresponding to the next military rank and passes the relevant tests or in an attestation procedure if he has work experience in a specialty related to military registration (military service in the respective officer positions).
Of course, all of the above is expedient to some extent, but how legitimate - remains a question, which the author of the article will try to answer.
To do this, consider a few very important points.
First, according to paragraph 2 of Art. 13 of the Federal Law "On the system of public service of the Russian Federation" dated May 27, 2003 N 58-FZ, one of the general conditions for the assignment, retention of class ranks, diplomatic ranks, military and special ranks is the preservation of the assigned class rank, diplomatic rank, military and special rank upon dismissal from a substituted position in the federal civil service or dismissal from the federal civil service. It follows from this that military ranks are retained upon dismissal from military service, i.e. remain unchanged.
Secondly, according to paragraph 2 of Art. 1 of the Regulations on the procedure for performing military service, military service includes appointment to a military position, assignment of a military rank, attestation, dismissal from military service, as well as other circumstances (events) that, in accordance with the law, determine the legal status of servicemen. It follows from this that the assignment of a military rank is an element of military service only and cannot exist outside of military service.
Thirdly, in support of the above paragraph 1 of Art. 22 of the Regulations on the procedure for passing military service states that the next military rank is assigned to a soldier 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 military rank given to a soldier. Thus, for the assignment of a military rank, several conditions must be present:
- the presence of the status of a military man;
- the actual occupation of a military position for which the state provides for a military rank equal to or higher than the military rank assigned to a soldier;
- expiration of military service in the previous military rank.
Only in the presence of the above circumstances or conditions can a citizen be assigned both the first and the next.
However, in accordance with paragraph 1 of Art. 2 of the Federal Law "On the status of military personnel" dated May 27, 1998 N 76-FZ, citizens called up for military training are not military personnel. According to paragraph 2 of Art. 2 of the said Federal Law, citizens called up for military training are subject to the status of military personnel in the cases and in the manner provided for by federal laws and other regulatory legal acts of the Russian Federation. Clause 27 of the Regulations on conducting military training, approved by Decree of the Government of the Russian Federation of May 29, 2006 N 333, clarifies that citizens called up for military training are subject to the status of military personnel in cases and in the manner prescribed by the legislation of the Russian Federation in the field of defense .
Citizens called up for military training perform only some of the duties assigned to military personnel, which is due to the appointment of military training.
The above norm should reflect the limited nature of the extension of the status of military personnel to citizens called up for military training, since only military personnel who perform a special type of federal public service - military service can have it in full. This confirms, in particular, the fact that social guarantees and compensations are provided only to military personnel due to the special nature of the duties assigned to them * (4).
In accordance with paragraph 15 of the Regulations on conducting military training, citizens undergoing military training are considered to be performing military service duties. Thus, they do not perform military service, but only perform the duties of military service, and the status of military personnel cannot be extended to them in full.
With regard to citizens called up for military training, we can only talk about individual rights, duties and, in part, about the responsibility of military personnel in the cases and in the manner provided for by federal laws and other regulatory legal acts of the Russian Federation.
Fourth, according to paragraph 6 of Art. 22 of the Regulations on the procedure for passing military service, the term of military service in the assigned military rank includes the time spent in military service. In the specified period, the following is counted:
a) the time of a break in military service in the event of unreasonable prosecution of a serviceman, illegal dismissal of a serviceman from military service and his subsequent reinstatement in military service;
b) the time of suspension of military service;
c) holding time.
The question arises, how can the time spent in the reserve be counted in the period of military service in the assigned military rank?
As stated above, the period of military service in the assigned military rank includes the time spent in military service. Thus, the time spent in the reserve is equated to the time spent in military service. Meanwhile, according to paragraph 2 of Art. 2 of the Federal Law "On military duty and military service" dated March 28, 1998 N 53-FZ military service is carried out: by citizens - by conscription and on a voluntary basis (under contract); 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 and military formations. However, citizens in the reserve do not do military service either by conscription or on a voluntary basis (under contract), they only perform some duties of military service and only during the period of military training.
Fifth, in connection with the above, the norm of paragraph 29 of the Regulations on the conduct of military training, which states that the time of military training is counted in the total duration of the military service of a citizen, also seems unlawful in connection with the foregoing.
The duration of military service is an integral part of the length of service, which is the total time of a serviceman in military service, calculated on a calendar and preferential basis, taken into account when resolving various issues of military service, as well as when providing social guarantees to servicemen, citizens dismissed from military service, and members of their families.
However, the time of passing military training is not the time spent by a serviceman in military service, therefore the rule that the time of passing military training is counted in the total duration of military service is logically incorrect and illegal.
Thus, the above arguments indicate that Art. 24 of the Regulations on the procedure for passing military service contradicts other provisions of the legislation regulating the issue of conferring military ranks, which is a legal conflict.
From the above, we can conclude that the regulatory legal acts regulating military service, the procedure for its passage, as well as some issues of citizens being in the reserve and passing military training, contain serious errors regarding the offset of the time of military training in the total duration of military service. service and the assignment of military ranks to citizens in the reserve. The assignment of military ranks is, as we found out, an element of military service. Only if you have the status of a serviceman and have completed military service is it possible to talk about conferring a military rank on a citizen.
As for the offset of the time of military training in the total duration of military service, we found above that military service and military training are different legal phenomena that give rise to different legal consequences, so one cannot enter into the other.
In the Soviet period of national history, military service was divided into active military service and military service in the reserve. Those liable for military service, who were called up for military training, did military service in the reserve. In this regard, there were no questions about the legality of conferring military ranks on citizens who served in the reserve.
With the adoption in 1993 of the Law of the Russian Federation "On Military Duty and Military Service", a distinction was introduced between military service: military service by conscription - as the performance of military duty and military service through voluntary admission (under contract) - as the fulfillment of constitutional duty on defense of the Fatherland. The call for military training and the passage of military training during the period of stay in the reserve for citizens who did military service on conscription and under a contract were attributed to the performance of military duty by citizens of the Russian Federation.
At present, as mentioned above, the military duty of citizens of the Russian Federation provides, in particular, for conscription for military training and their passage during the period of stay in the reserve * (5). Thus, the passage of military training by citizens in the reserve is not a form of military service, but a form of military duty.
R.A. Zakirov,
senior lieutenant of justice,
PhD in Law
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*(1) Fateev K.V. On military training and the legal status of citizens in reserve during military training // Law in the Armed Forces. 2008. No. 8.
*(2) Kornishin S.V. Is it possible to consider citizens called up for military training as military personnel? // Ros. justice. 1999. No. 12.
*(3) Ibid.
*(4) Fateev K.V. Decree. op.
*(5) See paragraph 1 of Art. 1 and Art. 54 of the Federal Law "On military duty and military service".
The State Duma adopted in the first reading a bill allowing officers in the reserve to receive regular military ranks without restrictions. According to the bill, citizens in the reserve of the Armed Forces of the Russian Federation will be able to receive not two, as now, but six or more regular military ranks. Thus, one of the authors of the document, the first deputy chairman of the Duma Committee on Defense, Alexei Sigutkin, believes, being in the reserve, it will be possible to go from lieutenant to colonel and above.
Recall that under the current legislation (the law of the Russian Federation "On military duty and military service"), the next military ranks can be assigned to citizens who are in the reserve, only no more than two times. At the same time, a soldier, sailor, sergeant, foreman, warrant officer and midshipman could rise to the rank of foreman, chief ship foreman, inclusive of military commissar; or up to senior warrant officer, senior warrant officer, inclusive, military commissar of a constituent entity of the Russian Federation. Officers - up to major, captain of the 3rd rank inclusive - commander of the military district; or up to the colonel, captain of the 1st rank inclusive - by the Minister of Defense of the Russian Federation.
The document, which is being considered by the deputies, also proposes another innovation - to allow the provision of regular military ranks in the reserve, even if the candidate for an increase in military training has not passed. True, as the developers note, this is possible if the education, qualifications and work experience of a citizen in the reserve meets the requirements that apply to candidates for filling a military position provided for by wartime states.
Where are reserve officers trained?
The main source of accumulation of reserve officers is military departments. Military offices appeared in Russia in 1926, when pre-conscription training was introduced by the decision of the Soviet government for the training of command and engineering personnel at civilian universities and technical schools. Experience showed that military offices converted into departments could graduate mid-level reserve commanders, and in 1930 higher non-military training was introduced. In 1937-1939, the nature of training at the military departments changed again - they switched to the training of single fighters.
During the Great Patriotic War, all the activities of the military departments were subject to the requirement of universal compulsory military training, they became the training centers of the district military commissariats. In 1944, reserve officers were again trained at military departments.
By 1990, there were 441 educational institutions in the Soviet Union that trained reserve officers. With the collapse of the USSR, military training of students was discontinued in a number of universities and in all secondary specialized educational institutions. By 2008-2009, military departments are planned to remain only in 30-35 civilian universities in Russia.
You are a reserve officer if:
-
you have signed a contract for the training program for reserve officers, graduated from the military department at a university, completed military training camps, successfully graduated from the university itself, and you have been awarded an officer rank;
- you are demobilized from the ranks of the armed forces in the rank of officer.
After graduating from a military department and a university, the rank of officer is usually awarded. Reserve officers are called up for military service for a period of 2 years.
The material was prepared by the online editors of www.rian.ru based on information from the RIA Novosti Agency and other sources
1. 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.
By Decree of the President of the Russian Federation of March 19, 2007 N 364, paragraph 2 of Article 22 of this Regulation is set out in a new edition, which comes into force on January 1, 2008.
2. For military service in the following military ranks, terms are established:
private, sailor - five months;
junior sergeant, foreman 2 articles - one year;
sergeant, foreman of the 1st article - two years;
senior sergeant, chief foreman - three years;
warrant officer, midshipman - three years;
junior lieutenant - two years;
lieutenant - three years;
senior lieutenant - three years;
captain, captain-lieutenant - four years;
major, captain of the 3rd rank - four years;
lieutenant colonel, captain 2nd rank - five years.
3. The military rank of a senior officer may be awarded to a serviceman after at least two years of his military service in the previous military rank and at least one year in the military position (position) held, subject to replacement by senior officers.
The terms of military service in the military rank of Colonel General (Admiral) and General of the Army (Admiral of the Fleet) are not established.
Decree of the President of the Russian Federation No. 364 of March 19, 2007 amended paragraph 4 of Article 22 of this Regulation, which shall enter into force on January 1, 2008.
4. The term of military service in the military rank of lieutenant for military servicemen undergoing military service under a contract who graduated from a military educational institution in full-time education with a five-year term and above is two years.
5. The term of military service of military personnel in the assigned military rank is calculated from the day the military rank was awarded.
6. The term of military service in the assigned military rank includes the time spent in military service.
In the specified period, the following is counted:
a) the time of a break in military service in the event of unreasonable prosecution of a serviceman, illegal dismissal of a serviceman from military service and his subsequent reinstatement in military service;
b) the time of suspension of military service;
c) holding time.
7. When a serviceman is appointed to the highest military position (position) at the same time, and if simultaneous registration is impossible - from the date of appointment to the highest military position (position), he is assigned the next military rank if his term of service in the previous military rank has expired, provided that that for this military position (position) the state provides for a military rank equal to or higher than the military rank assigned to a soldier.
In this case, the military rank of a senior officer is assigned subject to the requirements of paragraph 3 of this article.
8. A serviceman who has the military rank of an officer and is successfully studying full-time in a military educational institution, postgraduate course, military doctoral studies, the next military rank up to lieutenant colonel, captain of the 2nd rank, inclusive, is assigned on the day of the expiration of his military service in the assigned military rank, regardless of military position (position), which he held before entering the specified educational institution, postgraduate course, military doctoral studies.
9. A serviceman who has the military rank of an officer, who, before entering a military educational institution, postgraduate course, military doctoral studies, held a military position (position), for which the state provides for the military rank of colonel, captain of the 1st rank or higher officer, the next military rank up to colonel, captain Rank 1 inclusive is assigned in accordance with the military post (position) held before entering the specified educational institution, postgraduate course, military doctoral studies after the expiration of the length of service in the assigned military rank.
10. 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.
11. 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, captain 3 rank.
12. The military rank of corporal (senior sailor) may be awarded as a reward for special personal merit to a soldier holding a military position for which the state provides for the military rank of private (sailor).
13. The military rank of junior sergeant (foreman of the 2nd article) is assigned to a private (sailor) who fills a military position for which the state provides for the military rank of junior sergeant (foreman of the 2nd article) and above, after the expiration of his military service in the previous military rank, as well as a serviceman who has successfully completed training in a training military unit under the training program for sergeants (foremen).
14. While serving a sentence in the form of a restriction in military service or arrest, a serviceman cannot be awarded the next military rank.
15. The time of serving a sentence in the form of restriction in military service or arrest is not included in the term of military service in the assigned military rank.
Finally, I found a ritual developed by the political department of the Ministry of Defense and recommended for the Armed Forces to celebrate one of the main events in the life of any serviceman - washing the assignment of the next ( extraordinary) military rank.
(for more than 20 years of service, I have not seen any options, but more and more home-grown ones ... but in any business there must be order!)
I am sure it will be perfect for officers of the Civil Defense Troops and the Ministry of Emergency Situations, the Internal Troops and the Ministry of Internal Affairs, the Border Troops and the FSB-MGB, the Railway Troops of the Ministry of Railways, as well as all employees of any "power" structure who wear shoulder straps and regularly change stars for them , diamonds, etc.
Orderholding an officer meeting with the agenda
"Assignment of the next military rank"
1. An officer who has been awarded the next military rank, must:
- appoint the place, time of the officer's meeting and the uniform ( preferably everyday, but if the officer is a high-ranking commander or immediate superior, then subordinates can also wear front dress as a sign of respect);
- invite to the meeting of officers whom he wishes ( his immediate superior and officers of his structural unit - of course);
- Appoint a moderator for the meeting preferably an officer in a lower military rank and, if possible, a light drinker);
- arrive half an hour before the appointed time at the appointed place in full dress ( shoulder straps and stars - according to the military rank in which the officer served before being awarded the next rank);
- check the menu layout, product yield, uvar, availability of dishes ( and definitely - faceted glass ), spoons, forks, table setting;
- upon the arrival of the officers of your unit and other officers - to meet them, while showing them where the places for smoking, cleaning shoes, washing, etc. are located;
- upon arrival of the chiefs from the commander of the unit and above, give the command: " Comrade officers! and report: " Comrade Colonel! Officers such a division assembled for an officers' meeting. Commander such a division (position) lieutenant colonel Ivanov";
- accompany the chief to the place of honor at the head of the table and give the command: " Comrade officers! Please to the table";
- Take a seat to the right of your immediate superior.
2. The officers who arrived at the officers' meeting are required to observe silence and be always ready for action.
3. The immediate superior of the officer who was awarded the rank, must (if there is no more senior commander or chief):
- check the presence of a faceted glass, accessories (stars), alcoholic beverages and the state of health of your subordinate;
- in the ensuing silence, personally pour a full glass to the subordinate vodka(!), lower the stars into it according to the assigned rank.
4. The officer who has been awarded the rank takes a combat stance, raises his glass to chest level and reports: " Comrade Colonel! Comrade officers! Commander such a division (position) lieutenant colonel Ivanov. I introduce myself on the occasion of conferring another military rank of colonel on me.". Having drunk vodka to the bottom, he puts down a glass, takes out stars from his mouth, takes a military stance and reports:" Colonel Ivanov". The chief announces: " Our regiment has arrived! Get your clothes in order". At this command, two officers in a lower rank screw one next star on both shoulder straps directly on the shoulders of the officer, then each of the officers present at the celebration personally pours into his dishes vodka(!) Exactly as much as he respects and honors the "newly baked" colonel. Everyone drinks first toast arbitrarily, clinking glasses to the bottom ( but without toasts and comments).
Second toast for congratulations is given to the boss.
Third toast also announces the chief: " Comrade officers! For those who are not with us". Officers drink silently, standing, without clinking glasses, to the bottom.
Further, the chief transfers the right to conduct an officer meeting leading.
fourth toast (collective) he provides to all officers in the military rank in which the hero of the occasion was previously. They characterize the officer in turn, make complaints and claims, if any, announce the shortcomings that need to be eliminated and prevented in the new rank and conclude - do they release it in a new quality or not Release from the team of lieutenant colonels".
Fifth toast (collective) is granted to all officers in a military rank equal to the new rank of the hero of the occasion. They characterize the officer in turn, make complaints and claims, if any, announce the shortcomings that need to be eliminated and prevented in the new rank and conclude - whether they accept it in a new capacity or not. After that, one of the officers who is in rank the longest announces a collective decision and proposes a toast: " Adopt a Colonel".
Further, the leader gives toasts to the officers in turn, depending on the position, rank, age.
Note:
If the officer who was awarded the rank is a non-drinker, he is allowed to replace vodka with low-alcohol drinks.
Vodka can be replaced by other people present with other drinks only after the third toast.
Abridged version
Comrade officers! Lieutenant Colonel Ivanov.
I introduce myself on the occasion of conferring another military rank of "colonel" on me! (sometimes added - "Order of the Minister No. ... dated ...")A full glass of vodka (250 grams) with 3 stars at the bottom is drunk to the bottom, the stars are not swallowed (!), but remain in the mouth, after which they are carefully and accurately spat out onto a previously prepared shoulder strap or onto a shoulder strap on one of the shoulders.
Comrade officers! Colonel Ivanov.