Report on the dismissal of a serviceman at his own request: sample 2021

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:

military unit No.______

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

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.

Expert opinion

Semenov Vyacheslav Denisovich

Practitioner lawyer with 8 years of experience. Specialization: criminal law. Member of the Bar Association.

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.

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.

Is it possible to resign from the army on your own initiative?

In most cases, the term “dismissal” refers specifically to military personnel hired under a contract. It is also possible to use it in relation to citizens undergoing military service, but this happens extremely rarely. However, both contract soldiers and conscripts can resign at will . There is a legislative basis for this.

The first law that is worth paying attention to is Federal Law No. 53 “On Military Duty and Military Service.”

• Contract servicemen can resign at their own request on the basis of paragraphs 3 and 6 of Article 51 of the Federal Law of March 23, 1998 No. 53-FZ “On Military Duty and Military Service.”
• Conscripts are guided by paragraph 4 of the same article 51.

These standards reflect the reasons why such an initiative may be approved. We'll look at them next.

You also need to pay attention to the norms of paragraphs. 1 and 2 tbsp. 51 - they list when employees are dismissed on the initiative of the command or on a mandatory basis. This is not formalized as voluntary dismissal, but such situations can be organized.

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.

How to write a report on financial assistance to military personnel under contract

Every Russian military personnel, including employees of the Ministry of Internal Affairs, has the right to count on receiving financial assistance from the state. This type of incentive is an important privilege for citizens who take up military service to defend their homeland. The Russian government constantly takes care of military personnel who have to face various trials and tribulations in their line of duty. That is why the work of military personnel and employees of the Ministry of Internal Affairs is well paid, those liable for military service are provided with additional monetary incentives, bonus payments for conscientious service, and financial assistance.

It is worth noting that only those citizens who serve for the benefit of their homeland under a contract are entitled to receive this benefit. That is, military personnel undergoing compulsory military service should not count on receiving such benefits. The maximum amount of monetary incentives can reach 3 salaries, and the amount of the serviceman’s earnings for the entire year is taken into account.

How to write a letter of resignation from the army?

As a general rule, a report from a serviceman is required if the dismissal occurs on his initiative or requires his consent. In other cases, the command dismisses him by order without a report.

This is stated in paragraph 12 of Art.

34 of the Procedure for Military Service (Presidential Decree of September 16, 1999 No. 1237).

However, in practice, a report may be asked to be written regardless of the circumstances of the dismissal.

Article 51 of the Law on Military Service No. 53-FZ specifies all the reasons for dismissal. Paragraph 1 indicates the reasons for all military personnel, paragraphs. 2, 3 and 6 - for those who serve under a contract, paragraph 4 - for conscripts.

For example, a serviceman may be dismissed for the following reasons:

• age;
• deprivation of military rank;
• health status (you can find out how dismissal from the RF Armed Forces for health reasons occurs here);
• initiative of the serviceman himself, if there are good reasons.

This also includes the end of the contract or a court verdict.

Read about how to fill out a report when dismissing a serviceman at the end of a contract.

The report must indicate:

1. Full name of the superior serviceman in whose name the document was drawn up, his rank and position.
2. Personal information of the person asking for resignation.
3. Grounds for filing a report.
4. Estimated date of departure.
5. Date of preparation of the document.
6. Soldier's signature.

There are no strict forms for drawing up a report, but there is a sample in each part.

Expert opinion

Semenov Vyacheslav Denisovich

Practitioner lawyer with 8 years of experience. Specialization: criminal law. Member of the Bar Association.

To the regiment commander, Lieutenant Colonel L.N. Smirnov, from the brigade commander of the 1st motorized rifle regiment, Captain S.M. Erofeev, March 15, 2019.

I ask you to petition the higher command for the dismissal of me, capital Sergei Maksimovich Erofeev, from military service at my own request in connection with sub. "b" clause 1 art. 51 of the Federal Law “On Military Duty and Military Service” of March 6, 1998 No. 53-FZ.

The reason for my dismissal was the expiration of the contract. Housing is provided according to the standards established by law. I refuse to undergo a medical examination upon dismissal.

Please send your personal file for military registration to the military registration and enlistment office in Tver.

March 15, 2021.

At your own request

If the initiative comes from a serviceman, then the report must indicate the reason for such a desire. This could be the death of a relative, or the need to raise a minor in the absence of a second parent. In any case, the certification commission must recognize the reason as valid.

Read this article about the conditions and procedure for voluntary dismissal from the RF Armed Forces.

By age limit

The nuances of dismissal of a serviceman due to reaching the age limit are regulated by Federal Law No. 53. In this case, the age limit is set based on rank:

• colonel generals, admirals, marshals, generals - 65 years;
• rear and vice admirals, major generals and lieutenant generals - 60 years;
• colonels and captains of the 1st rank - 55 years;
• other titles – 50 years;
• for female members – 45 years.

Persons who wish to continue serving after reaching the age limit have every right to do so. Those who are supposed to serve until 65 can extend their service life by another 5 years, and other categories - up to 65 years.

The report is written either by hand or typed on a computer. If for some reason the serviceman was not provided with housing by the time he reached the service age limit, he has the right to write in the report that he does not give his consent to dismissal until he is provided with housing or a housing subsidy.

For health

If a report is written for health reasons, then a medical report is required, which is attached to the report and confirms the health problems. Usually, before such a report, the serviceman undergoes a full examination and receives an appropriate conclusion.

By length of service in reserve

In this case, after dismissal, the serviceman can count on a long-service pension and an additional salary. A report on such dismissal can be written if there is a sufficient number of years of service, but the service age limit has not yet been reached.

When drawing up a report, the length of service should be indicated as the reason, and also the calendar length of service and preferential calculation should be entered below.

For organizational and staffing measures (OSM)

This type of dismissal is provided in the following cases:

1. There is a reduction in staff, and it is not possible to provide the serviceman with a job in a position suitable to his rank, and the serviceman himself refuses to take a lower position.
2. Changing the structure of a military unit, its optimization and reorganization, which involve changes in the staff.
3. Renaming positions when changing the nomenclature in the lists.

It is possible to resign under the general managerial qualification if it is impossible to move to a position suitable for your rank. You must write in your report about your disagreement. If you do not write a report, you can be fired without it, if an equal position cannot be provided, and the employee does not agree to a higher or lower one.

At the end of the contract with the RF Armed Forces

The duration of the contract is stated in the contract itself. That is, in this case it is not necessary to write a report.

As we already noted at the beginning of the article, a report is required to be drawn up only in cases where the serviceman’s consent to dismissal is required. If this is not required, an order from the command is sufficient - there is no need to draw up a report. This is exactly the case when the contract expires. But in practice, such reports are often asked to be drawn up.

Read more about how to correctly write a report when leaving the reserve or leaving the army and how long before the end of military service the document is written.

From the ranks of conscript service

In most cases, the reason for dismissal of a serviceman from military service can only be the end of his term of service. But there are some cases when dismissal is possible early , according to Art. 51 Federal Law No. 53-FZ, clause 4:

• A father or sibling died while performing military duties.
• The conscript is the guardian or trustee of siblings who are left without parental care in the absence of other relatives.
• The conscript has more than two children or one child with disabled status.
• A sharp deterioration in health was recorded, and the conscript was declared unfit to perform military duties by the commission.
• Judgment of a court or military tribunal. If a conscript should be arrested and cannot be sent to a disciplinary battalion.

Due to non-compliance with the terms of the contract

If a serviceman has violated the terms of the contract that was concluded with him upon entering the service, then the command has the right to sever relations with him. But in this case, the report and the dismissal person’s own initiative do not matter, since the initiative comes precisely from the command.

The reasons may be the following:

1. Serious breach of discipline.
2. Crime or administrative offense.
3. Inconsistency with the position held after an inspection by the certification commission.

Each case is considered individually, and not every time the terms of the contract are violated, a request for dismissal follows.

What payments are due?

Current legislation establishes that a full settlement must be made with a person. The organization is obliged to issue:

• wages, the amount of which will correspond to the time worked;
• bonuses for fulfilling one’s official obligations based on the results of a quarter or calendar year worked;
• severance pay if dismissal is due to deterioration in health.

Important! The amount of the benefit largely depends on the length of service of the police officer. If it is less than 10 years, then the benefit is equal to 5 monthly salaries, and if it exceeds 20 years, it increases to 20 salaries.

Vacation pay

Article 127 of the Labor Code of Russia regulates that upon termination of an employment contract, a person must be paid monetary compensation for all vacation days that he did not have time to use. The amount of compensation depends on the person’s average earnings.

Important! The police officer can submit a report on the provision of previously unused vacation days with aftercare. In such a situation, the contract terminates on the last day of rest.

Article 127 of the Labor Code of the Russian Federation “Exercising the right to leave upon dismissal of an employee”

Payment terms

Current legislation establishes that full payment must be made on the last working day, that is, at the time of issuance of all documents. If for some reason the police officer was unable to personally appear for the money, then the manager is obliged to send the appropriate notification about the need to receive it or express a request for it to be sent to a specific bank account or card.

Important! If the policeman decides to exercise his right to rest, then the payment must be made on the last working day, that is, just before the start of the vacation.

Sick leave payment

If the employee of the Ministry of Internal Affairs was not paid compensation for sick leave at the time of termination of the contract, then this must be done at the time of dismissal. Sick leave is calculated according to the standard plan, that is, including all sick days in the calculation. These funds must be transferred to the employee’s account no later than the day specified in the documents.

What to do if not accepted?

He has the same right if the report was accepted, but they do not give it any further action, and within a month there is still no decision or order of dismissal.

It is much more difficult for a military member to resign than for a civilian employee. This is especially true for reporting at your own request. You can’t just quit; you need a valid reason that can be documented.

The end of the contract is one of the grounds for leaving military service. If a serviceman does not plan to continue serving in military units of the Russian Federation, he can submit a report for dismissal upon completion

Expert opinion

Semenov Vyacheslav Denisovich

Practitioner lawyer with 8 years of experience. Specialization: criminal law. Member of the Bar Association.

As a general rule, a citizen performing military service does not have the right to unilaterally refuse to perform his duties. But if there are compelling reasons, dismissal on your own

Very high demands are placed on the health status of certain categories of citizens. At times, when the condition worsens, it is not possible to perform the usual work. State

More about me and our team here and contact us here.

Service in the Armed Forces of the Russian Federation is carried out under a contract and in accordance with Federal Law No. 53-FZ dated March 28, 1998 (hereinafter referred to as Federal Law No. 53-FZ). A serviceman may resign from military service at his own request, including early termination of a contract if there are valid reasons.

1. Grounds recognized as valid for dismissal
2. Submitting a report to the commander
3. Form and details of the dismissal report
4. Features of the dismissal of military personnel without housing
5. Date of dismissal from service
6. Calculation upon dismissal of a military personnel
7. Mistakes made when dismissing a military personnel

Sample and contents of a contract report

After submitting the application, you will need to undergo a medical examination, where a health verdict will be made. The conclusion of the medical board will determine which troops the soldier is fit for and whether he is fit at all. The eligibility categories for contract service are no different from those for conscript service.

• having a valid criminal record;
• the person was sentenced to imprisonment;
• the presence of administrative liability for the use of psychotropic and narcotic substances;
• the presence of a trial (until its completion).

We recommend reading: What documents are needed when drawing up a deed of gift?

Grounds recognized as valid for dismissal

Dismissal due to reaching the age limit or expiration of the contract does not require the submission of supporting documents. At the same time, at the time of submitting the report, the candidate must undergo a medical examination (to exclude future claims from the person).

When sending a report for early dismissal, the employee must carefully outline and confirm the validity of the reasons for dismissal. Reasons that do not allow a serviceman to perform his duties in full are recognized as valid.

The list of grounds for the possibility of early dismissal is given in Art. 51 Federal Law No. 53-FZ.

Early dismissal is considered to be before the end of the existing contract.

We prepare the report correctly

The report must be formatted correctly. When writing, you must provide the following information:

• full name, position and rank of the officer who commands the unit and in whose name the document is being submitted;
• full name, position and rank of the officer who decided to terminate the official relationship and who submits the report;
• grounds for filing a document and terminating the contract;
• expected date of dismissal;
• date of document preparation;
• officer's personal signature.

The reason for termination of service must be supported by documents. For example, if an officer can no longer serve for health reasons, then he must attach a medical report to the report. If you do not provide sufficient evidence of the need for dismissal, the command may refuse to terminate the contract.

Important! Unlike employment contracts, which, as a rule, are of an open-ended nature, contracts with military personnel are concluded for a specific period - 3, 5 or 10 years. The validity period of the document is not automatically extended; this occurs at the request of the officer. Therefore, if he decides to end his service after the end of the temporary period of the contract, there is no need to justify the reason for dismissal.

The main condition for termination of service relations due to expiration of the contract is written notification from the command officer of the decision made 3 months before the expected date of dismissal. This period is necessary for management to consider the report and find a replacement for the person leaving. Management has no right to refuse.

Own wish

This should be indicated in the report. The decision on dismissal is made by the certification commission. It is more difficult for a military personnel to terminate a contract on their own initiative than for a civilian employee. The commission may consider that the reason is not valid enough and deny the officer his request. Therefore, the reason must be clearly indicated in the report and supported by documents.

Submitting a report to the commander

The decision to dismiss a military officer is made by a higher-ranking military commander based on the person’s report and the decision of the certification commission. The serviceman reports his intention to retire early to his immediate commander in a report. The procedure for contacting a higher official or commander is established in Chapter.

6 of the Disciplinary Charter of the Armed Forces of the Russian Federation. Features of handling:

• Persons who submitted a report must receive a written response. The refusal to satisfy the request is communicated to the Supreme Court, stating the reasons and references to legislative norms.
• An unsatisfactory decision on the report may be challenged in court.
• The commander to whom the report is submitted has no right to interfere with the appeal.

The review of the report is carried out within 30 days, calculated from the day of registration of the report in the book of written appeals. The review period is extended by the commander due to the need to carry out additional activities, requests, and information verification.

The serviceman is additionally informed about the extension of the period provided by the norms for response.

The procedure for submitting a report upon dismissal from other services

Service in the penal system, the Federal Penitentiary Service and the Ministry of Emergency Situations can be carried out on the basis of a fixed-term contract or an employment agreement. If a specialist works under an employment contract, the general rules of the Labor Code of the Russian Federation apply to submit an application and dismissal - two-week work, full payment of payments, filling out a work book.

If an employee is serving under a contract, the report is submitted taking into account the following nuances:

• when an employee is dismissed from the penal system or from the Federal Penitentiary Service, a report is submitted one month in advance;
• upon dismissal from the Ministry of Emergency Situations, the general rules of a two-week warning apply;
• in order to retain all the benefits and benefits upon early termination of a contract, employees of the penal system, the Federal Penitentiary Service or the Ministry of Emergency Situations must confirm the valid reasons for dismissal;
• It is allowed to transfer an employee from a contract to an employment contract in the same department - the grounds for such a transfer are established by the internal regulations of the services.

Note! The list of valid reasons and grounds for dismissal in the services of the Ministry of Emergency Situations, the Federal Penitentiary Service and the Penitentiary Service is practically no different from similar circumstances for the Armed Forces of the Russian Federation. In particular, restrictions on service may be established for medical reasons, the presence of family circumstances, or a violation of the terms of the contract on the part of the command.

The review of the report takes place through the immediate head of the unit or military unit. Instead of an attestation commission, a conversation may be held with the employee, during which the valid reasons for the decision to dismiss are established. The one-month period set for reviewing the report is used to transfer cases and positions to other specialists or newly hired employees.

Form and details of the dismissal report

In the document flow of the RF Armed Forces, a form of written appeal to the commander is used - a report. The document has a free form and is drawn up similarly to a civil application.

The report is drawn up in 2 copies, one of which remains with the military officer to confirm the fact of the appeal.

What to do after writing a paper about leaving military service?

The report must be written in two copies. It is submitted to the combat unit, where on one document they put the registration number of the incoming document and give it to the serviceman, and on the second they write the same thing, but leave it in the unit.

They are obliged to register the report; they have no right not to accept it or not to give it a go.

After reviewing the report, the certification commission draws up minutes of the meeting, which are then handed over to the unit commander with attachments. Next comes the termination of the contract and settlement with the serviceman.

Features of the dismissal of military personnel without housing

Persons who have served for more than 10 years and are dismissed due to general occupational injury, reaching the maximum length of service, or health conditions, are given the opportunity to purchase housing in a locality chosen by the military at their discretion (Article 23 of the Federal Law of May 27, 1998 No. 76-FZ).

If the law is violated, the employee has the right to challenge the dismissal in a judicial body. The person is reinstated in the ranks of the RF Armed Forces with payment of the required allowance. Dismissal without provision of housing is permitted only in cases of voluntary consent of the person. At the same time, the military registration and enlistment offices supervising persons dismissed from service assume the responsibility for provision.

Under what conditions can you resign unilaterally?

There are a number of reasons why the dismissal of a military personnel becomes possible. The following circumstances serve as the basis:

1. Transfer to service in the internal affairs bodies (subparagraph “b”, paragraph 2, article 51). You can also resign if you transfer to agencies involved in the fight against drug trafficking, the State Fire Service and structures of the penal system. The customs authorities of the Russian Federation are also included in this list.
2. Termination of citizenship of the Russian Federation (subparagraph “l”, paragraph 1, article 51). This may include obtaining a passport of another state (subparagraph “m”, paragraph 1, article 51).
3. Deterioration of health (subparagraphs “c”, “d”, paragraph 1, article 51). Dismissal at one's own request is possible if the military medical commission has recognized a particular applicant as partially fit for military service. The exception is the persons specified in subsection. "g" clause 1 art. 51 (you can find out how dismissal from the RF Armed Forces for health reasons occurs here).
4. Impossibility for a family member to live at the place of service (subparagraph “c”, paragraph 3, article 51). If a close relative of a military man, for medical reasons, cannot live in the locality where the service takes place, then the report on dismissal at his own request is approved. This option is available provided that it is not possible to transfer the serviceman to another unit with suitable conditions.
5. The need for constant care for a close relative who is weak or ill (subparagraph “c”, paragraph 3 of Article 51). This category includes father, mother, husband/wife, sibling, grandmother, grandfather or adoptive parent.
   In this case, the need for constant care must be confirmed through a conclusion issued by the federal institution of medical and social examination at the place of residence of the sick relative. It is also necessary to confirm the absence of other persons capable of caring for family members.
6. The need to care for a child (sub-clause “c” of paragraph 3 of Article 51). The son or daughter to be cared for must be under 18 years of age. A prerequisite for dismissal for this reason is the absence of the other parent. That is, the serviceman must raise the child himself.
7. Forced change of the spouse’s place of residence (subparagraph “c” of paragraph 3 of Article 51). If a serviceman's wife is forced to move, then there is grounds for voluntary dismissal.
8. The need to act as a guardian for a sister or brother (subparagraph “c”, paragraph 3 of Article 51). In this case, the relative must be under 18 years of age. If a military member is forced to become a trustee, he can resign at his own request. But you must be the only relative capable of caring for your brother or sister.

If a serviceman has other valid reasons why he wants to terminate his duties early, then dismissal can be approved through a positive conclusion from the certification commission.

Date of dismissal from service

The military personnel is listed in the ranks of the RF Armed Forces until the day the order is issued excluding the person from the lists of the unit’s personnel. The day of dismissal is considered to be the date of receipt of the extract from the order to the military (military) unit and registration of the document.

An example of incorrect determination of the date of dismissal

A notice was sent to a higher authority regarding the dismissal of military officer Major R. for health reasons.

The dismissal order was dictated to the military unit by telephone message. Based on the data on the order, dismissal was made and settlement was made with the military commander R.

The order arrived at the unit 14 days later. The military officer challenged the dismissal and was reinstated, despite his health condition preventing continued service.

The dismissal was made on the day the order was received.

Deadlines

The dismissal of a serviceman occurs after the end of the contract, the publication of the corresponding order and his exclusion from the lists of personnel of the military unit. This will be the day the citizen ends his military service.

Removal from the lists of a unit must be carried out on the day of expiration of the period of military service. In paragraph 11 of Art. 38 Federal Law No. 53-FZ lists cases when a person is excluded from the lists of a unit for another period:

• maternity leave;
• child care up to three years old;
• hospital treatment;
• staying on a long voyage;
• being held captive or hostage;
• participation in an armed conflict on the territory of another country;
• being under arrest.

That is, in these cases, the serviceman is excluded from the unit’s lists later.

One of the grounds for dismissal of a serviceman is the end of the contract. The procedure for exemption from military duties is strictly regulated; on the last day of service, the resigning person receives cash payments and documents.

In the future, a citizen can count on the benefits provided, such as obtaining housing, a military pension, and preferential rights in employment.

Calculation upon dismissal of a military personnel

Upon dismissal, the military personnel receives a full payment in part:

1. Monetary allowance due to a/c. Allowance paid for an incomplete month is calculated proportionally.
2. Compensation in exchange for clothing allowance.
3. Compensation in exchange for food supplies.

Depending on the length of service, the employee receives severance pay. For less than 20 years of service, the payment is 2 salaries (according to rank and position), over 20 years - 7 salaries. Persons nominated for a state award are paid one additional salary. Military personnel with more than 20 years of service are provided with pension payments.

Is it possible to withdraw?

The period for consideration of a dismissal report is 10 days, so you need to hurry if you have decided to continue serving. It is also possible to contact the commander of the military unit directly to clarify whether he signed the report, and also ask to reject it.

Thus, today it is possible to resign from service at your own request, but you must take into account the consequences of this decision. If the length of service is less than 10 years, then payments will be minimal. Moreover, you will have to return the money spent from the NIS to pay off the debt on the military mortgage (if it was issued).

If you have more than 10 years of experience, you can receive compensation from the NIS, as well as 5 salaries. If the service is more than 20 years, then all the money accumulated in the NIS is provided to the serviceman. He also receives 7 salaries and other payments that are due to him by rank. At the same time, the right to receive a military pension is retained.

Mistakes made when dismissing a military personnel

According to the findings of the Supreme Court of the Russian Federation, an illegally dismissed serviceman who applied for compensation for moral damage has the right to compensation. Cancellation of the order of dismissal with reinstatement in the lists of the unit is carried out by the immediate superior.

Question No. 1. How is the deadline for service and contracting determined?

Expert opinion

Semenov Vyacheslav Denisovich

Practitioner lawyer with 8 years of experience. Specialization: criminal law. Member of the Bar Association.

For senior commanders, for whom a limit of 65 years is established, a contract is allowed for another 5 years, the rest of the military personnel have the opportunity to extend the contract up to 65 years.

Question No. 2. How is service carried out after the expiration of the contract if the condition for the provision of housing is not met in relation to the military personnel?

The military officer is not dismissed until his obligations are fulfilled; he is on the unit’s list without paying bonuses.

As you know, the norms of the Labor Code of the Russian Federation do not apply to military personnel. Despite this, representatives of the Armed Forces also have circumstances in which it is necessary to leave the service. Dismissal in this case is carried out in accordance with the Charter and federal legislation of the Russian Federation.

Regardless of the reason for leaving, a serviceman must draw up a report on dismissal from military service. Next, the features of compiling this document will be described in more detail, as well as the key reasons for the dismissal of military personnel.

Privilege

The amount of cash payments and benefits depends on length of service, awards, rank and is determined individually for each resigning employee. It is determined on the basis of Federal Law No. 306-FZ “On monetary allowances for military personnel...”.

What payments are due?

Upon dismissal on this basis, a serviceman is entitled to financial assistance in the form of payments:

In the absence of penalties, additional payments are made:

• a bonus for conscientious performance of duties in the amount of three salaries;
• annual financial assistance;
• bonus in the amount of one salary if there are awards;
• compensation payments for overtime and unused vacations.

Housing

Issues of providing military personnel with housing are regulated by Art. 15 Federal Law No. 76-FZ “On the status of military personnel.” After dismissal, the citizen must vacate the service apartment within three months.

Citizens dismissed after the expiration of their contract can count on assistance from the state in resolving their housing issue if they meet two criteria:

• recognized as needy and registered with the body in which they serve before dismissal;
• have a service life of more than 20 years.

Help is provided by:

• free transfer of housing ownership;
• providing housing to those in need under a social tenancy agreement;
• allocation of funds for the purchase or construction of housing - cash subsidies.

Military pension

Benefits for those who were discharged from the army after a period of service

Expert opinion

Antonov Viktor Sergeevich

Practicing lawyer with 8 years of experience. Specialization: military law. Recognized legal expert.

Military experience is included in the total length of service. A person dismissed at the end of the contract can count on benefits for further employment:

• obtaining a civilian specialty before dismissal;
• priority in receiving free education;
• priority at the labor exchange for employment;
• return to your previous position (if possible).

How to write a report correctly: form and content

Reasons for dismissal may be different, namely:

This list can also include the completion of a contract or military service, as well as a court decision to impose punishment in the form of imprisonment or a ban on holding military positions for a certain period.

In any case, the procedure for dismissing a serviceman involves writing a report and submitting the compiled document to your commander. The report must indicate the rank and full name of the superior military personnel in whose name the document is being drawn up.

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In addition, the personal data of the serviceman, the name of the document, and the grounds are also stated. The date of the expected departure, the address of the commissariat to which the case will be transferred and a list of attached acts are indicated. At the end, the serviceman must indicate the date and put his own signature.

Making a report

The report is written by the applicant in his own hand, just like a regular resignation letter.

There are required fields to fill out.

The step-by-step instructions for filling out look like this:

• at the top, in the right corner, indicate the details of the person to whom the application is addressed;
• in the middle of the sheet you need to write the name of the document, in this case - a report;
• the text sets out a request with a petition to the command leadership for dismissal;
• when indicating the reasons for dismissal, it is advisable to refer to an article of the law;
• copies of the conclusion of the medical commission are attached to the report;
• outlines the consent (refusal) to undergo the military examination and calculation of length of service;
• the provision (or lack of provision) with residential premises is noted;
• indicate the address of the commissariat where to send your personal file;
• the list contains the documents required upon dismissal;
• at the end the date, signature, full name are affixed. applicant, his position, rank.

Like any other application document, the report should be written in two copies, since the applicant must retain a document with a mark of acceptance and registration.

Samples of writing a report:

Whether the service life will be extended or terminated - a decision on this is made six months before its end.

When three months remain before the end of the service, this decision is brought to the attention of the contractor. Conducting a conversation with him is also mandatory.

The following documents are additionally attached to the application for a discharged serviceman, signed directly by the commander (other authorized person):

• certification sheet (copy);
• sheet of the conversation conducted (copy);
• a copy of the IHC conclusion (if necessary);
• report (if the basis for dismissal presupposes its existence).

A discharged serviceman must receive in his hands: a passport, a military ID, a service record card, a professional psychological selection card, a prescription, a travel document (travel to the destination), and a reference.

Writing samples

In order to correctly draw up the document, it is advisable to use a sample report on the dismissal of a contract serviceman or another suitable template.

No strict forms were established for writing an appeal, so each applicant draws up a report in any order. The main condition is that the application must be made in writing.

In addition, the reason why the soldier leaves the service must be valid. Just a desire to leave the Armed Forces will not be enough - compelling reasons are required for this.

At your own request

Like other types of reports, this document is submitted to the boss. It must indicate a request addressed to the commander to petition his superiors.

The statement must contain the phrase “at your own request”

. It is also necessary to indicate the reason for termination of the contract.

The command will analyze these deadlines when deciding whether to accept or refuse. In this case, it is necessary to refer to paragraph 6 of Article 51. Federal Law. It is advisable that the report appendix contains documents that act as evidence of the listed reasons.

At the end of the report, the position, military rank, as well as the signature and date are indicated.

For non-compliance with the contract

Dismissal due to non-compliance with the terms of the contract is carried out solely on the initiative of the command. The report in this case is usually drawn up by decision of the employer.

The decision is justified for the following reasons:

• the serviceman behaved unlawfully while on duty;
• the employee regularly violated military regulations;
• the military man is constantly in conflict with his superiors and colleagues;
• the military personnel committed actions that resulted in damage to the unit’s property.

In this case, the report is also drawn up in any order. However, it states the reason for leaving the Armed Forces.

At the same time, a separate note is entered into the serviceman’s personal file, which can be used to accurately determine the reason for the employee’s dismissal. This reason often has negative consequences for a military man, because his military career in the future becomes almost impossible.

By age limit

When a military man reaches the age of 45, he also needs to draw up a report on his dismissal from military service.

However, in this case it is possible to leave the service only if the continuous service of an employee of the RF Armed Forces is at least 25 years, and the period of service itself is 12 and a half years. As for law enforcement officers, their length of service is 20 years. The report in this case is drawn up in a standard way.

The document must necessarily contain the phrase “due to reaching the age limit.” The completed paper is handed over to the authorities.

For health

In this type of report, the serviceman is also required to indicate the reason for dismissal “for health reasons.” It must be documented. This requires a photocopy of a certificate or medical certificate of illness, which was received at a medical institution.

This addition is mentioned in the list of applications. A report drawn up due to poor health is a valid basis for approving the dismissal of an employee.

Wrote a report on the contract how to refuse

Date: Fri, 2006-11-24, I finished my contract and reached the age limit for military service, no. Forum » Legal assistance to military personnel and members of their families » Military service » Sample report on dismissal. Can I not go to service if they signed a report on my retirement and a report on the absence from service of a contract serviceman. If a former student initiates termination of the contract, he has the right to interrupt the execution of the contract.

Sample report on the dismissal of a contract serviceman. Russian President Vladimir Putin gave a number of instructions following a large press conference that took place on December 23, 2021, the press service reported.

Terms of consideration

As a rule, review of documents takes one month . However, in some cases the period may be extended if additional verification of the facts presented is required. For example, a panel may be convened to determine that an employee is unfit for future service.

In this case, the period can be increased by no more than one more month. In any of the listed cases, representatives of the commission study the reasons that were indicated in the report, after which they listen to the report of the serviceman.

After this, the commission draws up a protocol of the decision and provides it to the serviceman. The final decision regarding the dismissal of a subordinate rests with the unit commander.

Expert opinion

Semenov Vyacheslav Denisovich

Practitioner lawyer with 8 years of experience. Specialization: criminal law. Member of the Bar Association.

In the event that a serviceman signed a contract at the time of enlistment in military service, this document must be terminated in the event of dismissal.

Termination is carried out in the following order:

• the serviceman sends a petition to his superiors;
• the commander makes a decision on the resignation of a subordinate from service;
• a commission is assembled to make a final decision;
• a conversation is held with the employee about the timing of dismissal;
• an act is drawn up stating that the employee is notified of all the nuances of the procedure;
• The commander is preparing a dismissal order.

On the specified date the contract is officially terminated.

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Is it possible to withdraw and how to do it?

The document must indicate that the serviceman has changed his mind about resigning from the ranks of the RF Armed Forces. If all actions are performed correctly, the contract with the employee is not terminated and dismissal from military service is not carried out. At the same time, it is important that another employee is not invited to a position in the authorities.

The dismissal of citizens who are employed by the Ministry of Internal Affairs of the Russian Federation is regulated in accordance with special federal legislation. If you compare it with the Labor Code of the Russian Federation, you can find many similarities in it. However, the code is not the main standard that regulates this issue.

Drawing up a report on dismissal from military service is the most important feature of removing a serviceman from duty. In order for the dismissal to go smoothly, the preparation of the report must be approached with all responsibility. In the process of drawing up the document, it is important to take into account the reason for dismissal, and you also need to attach additional documents.

When dismissal is impossible

Current legislation, in particular Art. 35 of the Federal Law “On Service in the Department of Internal Affairs” regulates a number of situations when an employee cannot leave service on his own initiative. An employee will not be able to resign if during this period there is a martial law or a state of emergency, a counter-terrorism operation is being carried out or an armed conflict has arisen, or measures are being taken to eliminate the consequences of an emergency situation.

If an employee of the Ministry of Internal Affairs refuses to fulfill the obligations specified in the contract, he will be dismissed in accordance with paragraphs. 13th century 82.