How to terminate a contract for a serviceman at his own request, in what order does dismissal take place, what payments are due to a serviceman

It is known that military personnel often live purely according to their own internal rules, which have little correlation with what is customary in civilian life. There, relations with the employer are regulated by the Labor Code, but in the army they rely on it only partially. So their dismissal does not happen at all like from a regular job. How to terminate a contract in the army? Let's find out.

Not everyone understands the difference between contract service and regular work. But dedicating oneself to military service imposes both a number of advantages and a number of restrictions.

Valid reasons for dismissal from contract service

The process of dismissing a citizen engaged in military activities under a contract is labor-intensive and complex. The case is referred to the certification commission, which can accept or reject the application.

It consists of the commander, his deputies, officers of the military unit, a military doctor and lawyers. It is impossible to simply quit with only one desire. You need to have good reasons.

A complete list of valid reasons is provided for by the Federal Law of the Russian Federation. The reason for dismissal must be supported by evidence by presenting documents.

The final decision to terminate the contract is made by the commander based on the conclusion of the commission. Only he can reject or sign the report. If the reason for leaving is not indicated in the report, the citizen’s contract may be officially terminated for failure to comply with its terms.

What to consider

If a serviceman decides to terminate the contract of his own free will, then he must know what points to pay attention to.
Including, if a final decision is made to terminate the contract, then it is required to draw up a report and send it to the unit command. The residential premises occupied by the serviceman during his service must be vacated and handed over. This must be done after the command of the unit has decided to sever the labor relationship. If a contract worker violates the procedure established regarding the vacancy of official housing, then a forced eviction procedure will be applied. Lawyers note that currently a contract soldier can express his desire to terminate the contract if valid reasons arise. The decision is also made by the certification commission. The main significance assigned to it is to determine whether the reasons for dismissal are valid or not. The legislation does not contain a list of such reasons. Therefore, every serviceman who wants to terminate a contract ahead of schedule can indicate in the application the existence of a situation that has arisen in his life. After considering the report, the said authority makes its decision. The commission's verdict is subjective.

When writing a report, it is important to take into account the experience of other contract workers who previously managed to terminate a contract on this basis. The report is reviewed within a month, after which a response is sent. It is expressed in writing. If a situation arises that a contractor does not agree with the decision made, then he has the right to appeal to the military prosecutor’s office or a garrison court to protect his rights.

What happens if you break your contract in the army?

Contract service in the army has become an increasingly popular form of work in recent years, thanks to this, new jobs are created and the burden on conscripts is reduced. Usually, the pay for military personnel under a contract is quite decent, allowing them to lead a decent existence, and social security for themselves and their families is also at a high level.

All the benefits of such a service are identical for all regions of the country; narrowing of rights is not allowed and leads to a tribunal. On the contrary, in some regions, increased conditions imposed by local authorities are possible.

Despite all the advantages of such work, this is an employment relationship, which means that there are often reasons for its termination. They are objective or subjective in nature and force contract workers to contact management with a request to terminate the relationship.

The scope is special, because these are specific employment contracts, and the reasons for their termination by agreement of the parties are also of an unusual nature. You also need to know what will happen if you break your contract in the army .

Important! The legislative features of this procedure sometimes prevent ordinary citizens from carrying out their plans. If you are unable to resolve this issue on your own, or it requires urgency, it is better to contact a lawyer. A professional in these matters will solve your problem inexpensively and quickly.

Who does the law apply to?

For all those who were not included in the previous bill and did not manage to quit before January 7, 2021. Service members who have had their three-year or five-year contracts automatically renewed and have already served 18 months from the renewal date can write a letter of resignation.

Expert opinion

Kuzmin Sergey Yaroslavovich

Lawyer with 8 years of experience. Specializes in the field of civil law. Legal expert.

Military personnel who signed a contract before the end of the special period and have already served 24 months, also write a report. Well, of course, if you want.

If you want to remain in the Armed Forces of Ukraine, this does not concern you.

Grounds for terminating a contract

The legislation does not provide an exhaustive list of reasons why a person liable for military service may apply for termination of employment relations. This means that the exemplary reasons indicated in the regulations are of the nature of the most common cases, but other, more subjective ones may also occur.

This is important to know: Application for benefits at the birth of a child

If we take into account the experience of military personnel who have undergone this procedure, the following basic options can be distinguished:

non-fulfillment or improper fulfillment of the terms of the contract is the simplest reason. Here, any systematic or gross violation on the part of the command is enough to leave work;
financial insufficiency - if objectively current earnings are not enough to provide for yourself or your family (here you will need to indicate exactly what expenses force you to look for a better place);
family circumstances or health problems - the need to care for a relative, one’s own illness and the need for urgent or long-term treatment;
lack of room for promotion is a specific reason. If a contract soldier argues that he can apply for a higher position, but there are no vacancies, the command may release him - and in the event of a dispute, the court will also side with the soldier. The problem lies precisely in the evidence base;
election of a person liable for military service to government bodies.

Other reasons could be any reason that affects the employee and prevents him from fully performing the assigned tasks. For example, the death of another soldier who was a loved one has a subjective effect on the soldier, but management must take into account his psychological state and possible consequences.

Also, religious beliefs, newly acquired or original, which do not allow serving, are accepted as weighty arguments.

Any of the listed reasons must be indicated in the appropriate report on termination of the employment contract. Of course, there must also be a correct argument as to why the above reasons make further performance of duties impossible at all or for a long time - after all, management can offer long-term leave if it does not want to lose valuable personnel.

Davydov Dmitry Stanislavovich

Deputy Head of the Military Commissariat

Interesting! Most of those wishing to terminate the contract “stumble” precisely when drawing up the application. The inability to argue well enough is the main reason. Therefore, contacting a lawyer is the best solution.

Consequences of termination of the contract

Firstly, this basis, provided for by law, automatically deprives you of the opportunity to claim a large severance pay; for example, in the event of dismissal at the initiative of the employer, it may be larger. Also, your social package terminates immediately after the dismissal order is issued, regardless of the originally intended period.

Therefore, do not agree to proposals to do this procedure “retroactively,” as is popular in many cases. If the employer asks you to work more shifts to find a replacement, discuss the conditions in detail, and also invite a lawyer.

Do not forget that official housing should also be vacated before the actual dismissal - you will not be given time to look for a new place of residence. If this condition is not met, the employer has the full right to forcibly evict the entire family, because the living space in this case is owned by the state.

Therefore, if you have filed a report and expect to fight for termination, it is better to immediately find temporary housing. Otherwise, you can end up with a lot of problems from your own decision - of course, if you are not planning to move, and you already know how things stand with this issue.

The report is submitted with the relevant documents directly to the boss - it is better to ensure that this document is registered and request that the copy be certified with identical dates to the original. This is important for calculating deadlines - the fact is that, by law, management gives a response to such a request no later than 30 days later.

Missing the appropriate deadlines may become the basis for financial liability - the employee may demand compensation for damages for waiting beyond what is required. Obviously, the response to the report may also be negative - but in this case it must contain a reasoned objection to the arguments of the person liable for military service as to why he wants to leave the service.

Of course, the lack of an answer or disagreement with it does not give you grounds to decide this issue yourself - unauthorized abandonment of assigned duties in this area is criminal liability. Don’t take risks, you will receive compensation for illegal actions, but their nature must be determined by the court.

Contact the military prosecutor's office or tribunal to challenge the actions of the command - here you can act independently; the law does not provide for the mandatory involvement of a lawyer. However, its presence will greatly facilitate the task - as statistics show, such disputes are usually not won on their own.

You must also be completely confident that you are eligible, so do not apply without prior consultation.

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.

Payments due to a resigning employee

If the serviceman did not commit any violations upon termination of the contract, he is entitled to the following monetary compensation:

A benefit paid in one lump sum. The amount will be calculated based on the period spent in the ranks of the RF Armed Forces. If a citizen has served for less than 20 years, he will receive no more than two salaries. In cases where this period exceeds 20 years, the person is entitled to 7 salaries. Another salary may be added to the final amount if the contract worker received state awards.
The bonus is given for conscientious fulfillment of obligations under the contract. Its size can be up to a quarter of the salary.
A payment transferred annually in the amount of at least one salary.

The final amount that a person will receive upon termination of obligations depends on their rank and position.

Sample report writing

The report is drawn up in free form, but sometimes management provides forms.

The document should contain the following:

Full name and rank of unit commander;
Full name and rank of the serviceman;
request to be excluded from the workforce at your own request;
date and signature.

Only after signing the report and providing a complete package of documents is the serviceman considered dismissed. He cannot leave the place of duty after the end of the contract if he does not have the appropriate permission in his hands.

Requirements for preparing a report

The Disciplinary Charter regulates the execution of any appeal in the form of a written report. This document replaces the statement that the employee draws up upon dismissal. The legislation does not contain any mandatory requirements for the text component of the appeal, so a sample report is not required; it can be drawn up in free form. When presenting your position in writing, it is necessary to indicate a number of important points that will allow you to identify the document as an appeal to the command:

Full name and position of commander, military unit number.
Full name and position of the contractor.
Request for early termination of the contract at your own request with reference to the relevant article of the legislative act.
A valid reason for dismissal from military service. It is necessary to pay special attention to this point, since the thoroughness of the argumentation of the position, together with documentary evidence, will play a decisive role when considering the issue. It is necessary to specify as much as possible the circumstances that impede the further fulfillment of the obligations assumed.
A request to submit a report for consideration by the certification commission.
List of documentary evidence attached to the report.
Date and signature of the contractor.

Important! The document should be drawn up in two copies. Both papers are registered in the office. One copy is given to the command, the second copy is kept by the contractor. It will serve as evidence in court if a citizen is faced with inaction and delay in the process of considering the request.

A serviceman has no right to refuse to submit a written appeal. The report cannot fail to be registered and submitted to the commission for consideration. Submitting such written appeals to the command is the inalienable right of a contractor. The period for reviewing the report is one month. It can be extended by decision of the commander for another 30 days, but the contractor must be notified of this. After the period has expired, the service member must receive a response in writing. If you disagree with the commission's decision, you can file a complaint in court.

Can a contract employee resign early?

According to Art. 51 Federal Law of the Russian Federation No. 53 early retirement from military service is possible:

at your own request;
at the initiative of the commander;
due to circumstances that arise that do not depend on the will of the employee and his command.

Federal Law of the Russian Federation No. 53 establishes methods of dismissal from service:

in reserve until reaching the age limit;
resign upon being declared unfit for service or reaching the age limit.

also possible to terminate military service due to a criminal conviction. Data about this is entered into the military ID and personal file.

You can find out more about the grounds for resigning here.

What does it mean

The contract is concluded on a voluntary basis. Any resident of the country, regardless of gender, can join the army.

There are common cases when soldiers who have completed their military service are offered to work for hire. An agreement called the “Contract” is concluded between the parties.

A contract is a written document concluded between a citizen of the Russian Federation and the Ministry of Defense. The agreement has legal force. A contract is concluded between the parties in a certain form and strictly according to the rules, they are spelled out in the regulations. The contract specifies the time period and conditions under which the citizen is obliged to serve. The document clearly states the responsibilities of the two parties. The contract must specify the rights of the contract employee, possible compensation and the right to enjoy certain benefits.

The agreement is considered valid when the signature of the senior management is affixed. The conclusion and termination of the contract is controlled and regulated by federal law. Under certain circumstances, the contract can be terminated early. After the expiration of the term, the contract can be extended. To get into contract service, it is enough to contact the military registration and enlistment office at the place of registration, where a special commission has been organized to consider the candidate, which checks the candidate’s data and his suitability.

Grounds for terminating a contract

non-fulfillment or improper fulfillment of the terms of the contract is the simplest reason. Here, any systematic or gross violation on the part of the command is enough to leave work;
financial insufficiency - if objectively current earnings are not enough to provide for yourself or your family (here you will need to indicate exactly what expenses force you to look for a better place);
family circumstances or health problems - the need to care for a relative, one’s own illness and the need for urgent or long-term treatment;
lack of room for promotion is a specific reason. If a contract soldier argues that he can apply for a higher position, but there are no vacancies, the command may release him - and in the event of a dispute, the court will also side with the soldier. The problem lies precisely in the evidence base;
election of a person liable for military service to government bodies.

How to quickly leave the army for a contract employee: procedure

Early dismissal of junior officers is carried out by the commander-in-chief of the branch of the Armed Forces of the Russian Federation, the commander of the troops of the military district, and officials equal to or higher than them. The procedure for dismissing a military personnel is regulated in Decree of the President of the Russian Federation No. 1237 and in Art. 23 Federal Law of the Russian Federation No. 76.

Collection of necessary documents for early dismissal depending on the grounds for dismissal (medical report from the Military Medical Commission, certificates of the health status of a relative, etc.).
Writing a report addressed to the unit commander indicating the reasons for leaving with references to regulations.
Conducting a conversation with the commander about the reasons for dismissal and drawing up a protocol, which is then attached to the personal file. It reflects information:

reasons for termination of service;
military experience;
medical report from the IHC;
need for housing;
requests from the person leaving.

The unit commander begins collecting documents to determine the total length of military service of the retiring person. The final value is announced to the subordinate. If there are no objections, all documents are transferred to the certification commission.
The commission reviews the documents received and makes a decision within seven days. It is not final, but advisory in nature. The result is recorded on the serviceman’s attestation sheet.
Based on the report and decision of the commission, the commander makes a decision on dismissal or refusal.
If the decision is positive, the unit commander draws up an order, the procedure for removing the citizen from the lists of the Armed Forces begins, and issues of monetary, material, and housing support are resolved.
An order is passed to remove the serviceman from the lists of the military unit.
On the last day of service, the serviceman is paid the required payments and compensations, and documents are issued.

When terminating service at the end of the contract, drawing up a report is not necessary.

It has been established who has the right to dismiss a serviceman:

senior officers are dismissed by presidential decrees;
colonels, captains of the 1st rank, employees transferring to serve in internal affairs bodies - heads of bodies in which military service is provided;
other military personnel - officials who are authorized to appoint military personnel to military positions;
early dismissal of junior officers is carried out by the commander-in-chief of the branch of the RF Armed Forces, the commander of the troops of the military district.

How to delay dismissal from the RF Armed Forces and buy time at your disposal

Sooner or later, all officers are faced with the process of dismissal from the RF Armed Forces. But there’s no desire for a civilian job yet, and they haven’t decided on a job yet, and someone just wants to take a break from service, at the same time for a longer time and, receiving almost a full monetary allowance for it, so it’s necessary to delay (delay, delay, delay) time before final dismissal and exclusion from the list of the unit. How to do it???

You will be called for interviews with the personnel department of your unit, which take place in three stages, let's call them: 1) preliminary, 2) main, 3) final. They do not take place all at once, but at different periods of time and depend on many factors, namely, if you have served for 10 years or more and are leaving due to general training, age limit or illness, then all the cards are in your hands, and if less than 10 years , then the personnel officers will quickly fire you and exclude you from the lists of the unit, but if you are just a little short of 10 years, then in this case you need to do everything possible and impossible to reach 10 years, and then you act according to plan.

And the plan is this: firstly, it is necessary, under any pretext (illness, business trip, no work, etc.), not to show up for 1) a preliminary conversation with personnel officers and delay this moment longer, this is one of your trump cards, because without spending time with you They do not have the right to dismiss the conversation. But everything has a reasonable framework, so sooner or later you will have to come to 1) a preliminary conversation, where he will have a “nice” conversation with you about dismissal from the RF Armed Forces, whether you are provided with housing, whether you want to serve (who is dismissed under the general military training), and whether you want to pass the military and military examination etc. and at the end they will offer to sign the conversation sheet, which you must, but will not be obliged to sign, if something does not suit you and is not plausible, no matter how the personnel officers put pressure.

In parallel with the conversation sheet, you will have to write a notice of dismissal, where you write that you want to serve (whoever is fired under the General Staff Order) and if, of course, you really want to serve, otherwise they will suddenly find a place. Just don’t agree to a lower position, or an equivalent or higher one. Write that you want to undergo the IVC, and if you do not have housing, then the fun begins in prolonging the time spent at your disposal, then write that you are not provided with housing.

Now you can choose what you want, either an apartment in one of the regions of Russia, or a one-time cash payment for the purchase or construction of residential premises, or public housing construction. After this conversation you will be fired, but worry, dismissal does not mean exclusion from the list, these are two completely different concepts. You will be fired and placed at the disposal of the unit commander, where you will remain until you are fully supported and removed from the unit’s lists, and this can last a very long time, it all depends on you and other important factors. After this, you can come to work once every 10 days, but it’s easier and better every morning on Monday, then “bribes will be smooth” from you, and then you can gradually dissolve over time...

Then you will be called to 2) the main conversation, where they will again have a second conversation, where they will clarify all the same questions (suddenly you changed your mind), which you answer as before, and at the same time they will clarify whether you are registered on the computer as homeless and Are all the documents for the apartment ready?

If everyone is ready, then until 3) the final conversation they will not touch you, and if not, they will try to “cut off the oxygen,” namely, they will stop paying money. But don’t worry, there are no hopeless situations, this is all illegal, so feel free to go to the military court and write a statement to the court on the DD and they will pay you everything. You have practically received an apartment, which means that the time has come for 3) the final conversation where you will be excluded from the unit’s lists and sent to civilian life to “raise agriculture.” There they will offer to write a report on the exclusion of the unit from the lists under their dictation, but under no circumstances do not write it, despite the threats of personnel officers and their whining, but write: “Please send me to undergo military military training in the military unit ..... (hospital) " No one will talk to you (draw up a conversation sheet) until you receive the IVC results.

After this, you will still be called to 3) a final conversation, where, again, the personnel officers will offer to write a report on the exclusion of the unit from the lists under their dictation, but under no circumstances write it, despite their threats, but again write your own. You can vary the writing of the report yourself, it all depends on what time of year you are excluded from the unit’s lists, since it is best to write a report for retraining of a serviceman before this, but remember retraining takes place only 2 times a year, namely February-May and September-December, therefore, if you feel that it “smells something hot,” then in January or August write a report for retraining of a military man and attach to it photocopies of a certificate of higher education and an officer’s identification card, but if you find yourself in a period of time when retraining is already goes, then write in this video a report on exclusion from the lists of the unit, and until you pass it, you will not be excluded from the lists of the unit. After completing retraining, write a report on your main vacation, but if you are undergoing retraining remotely, then HR staff may send you on vacation during retraining. There’s nothing you can do about it, because, according to Order No. 95 of the RF Ministry of Defense dated March 18, 2009, they have the right to do this. The only thing you have the right to do is choose what time you go on vacation during retraining, because it has three periods during which teachers come and you are required to be present, and between these periods you can safely go on vacation. But if you were excluded from the lists of the unit without retraining the serviceman, then feel free to go to court, there have been such cases, and the military court made a decision in favor of the serviceman!!! After retraining and basic leave, personnel officers easily exclude you from the unit’s lists, but that’s not the case...

The fun begins. Until you have been provided with all types of required clothing and financial allowances, you do not have the right to be excluded from the list of the military unit. But they will definitely not provide you with clothing allowance, because it still needs to be found and, moreover, issued according to the size and in the specified clothing certificate (statement) indicate the amount of property issued to you. Write a report to the unit commander to receive clothing in connection with the exclusion from the unit’s lists, and be sure to write in it that you do not agree to be replaced with other items. After the unit commander signs the report, go to the head of the clothing service of your military unit and, together with the report signed by the commander, submit another report to the head of the unit's clothing service to receive clothing property, in connection with your exclusion from the lists of the unit's personnel. Then go to the clothing warehouse and get what you have, and wait for the rest and periodically contact the clothing service and find out if you haven’t brought anything else, and if you have brought it, then receive and write a report addressed to the commander of the military unit with a request to explain to you the reason for the non-issuance of clothing property. In addition, a transition to a new form of clothing took place, you understand the hint, you can imagine so much and compost the brains of the head of the clothing warehouse that he will be lost “in three pines” for a long time.

First, once again write a report addressed to the commander with a request not to exclude you from the lists of unit personnel until you are fully provided with all types of allowances. Come to work once a week on Mondays and submit a report addressed to the unit commander, which was indicated above, to unclassified records management. And don’t forget to take a photocopy of the reports if the case suddenly comes to a military court. They will tell you that you must be paid within a month after the unit receives an extract from the order to exclude the unit from the lists, but that is their problem. In addition, it has become fashionable for some heads of clothing warehouses to issue one, without a copy, invoice for going to the warehouse with a place for one of your (general) signatures (at the bottom) under the list of property received. Your actions are as follows: sign the boxes for what you received and put the date and signature next to the property received. Simply cross out the remaining columns.

PS If senior management prohibits personnel officers from registering your “inconvenient” reports, then you can safely send them by registered mail with notification. Be sure to make photocopies of all reports, if possible, have two witnesses sign them (for a military court).

request not to exclude you from the lists of unit personnel until you are fully provided with all types of allowances. Come to work once a week on Mondays and submit a report addressed to the unit commander, which was indicated above, to unclassified records management. And don’t forget to take a photocopy of the reports if the case suddenly comes to a military court. They will tell you that you must be paid within a month after the unit receives an extract from the order to exclude the unit from the lists, but that is their problem. In addition, it has become fashionable for some heads of clothing warehouses to issue one, without a copy, invoice for going to the warehouse with a place for one of your (general) signatures (at the bottom) under the list of property received. Your actions are as follows: sign the boxes for what you received and put the date and signature next to the property received. Simply cross out the remaining columns.

What payments are due?

One-time benefit.

less than 20 years – two salaries;
over 20 years – seven salaries.

The amount of one salary consists of monthly payments for the position held and military rank. Regulated by Federal Law of the Russian Federation No. 306-FZ and Order of the Ministry of Defense of the Russian Federation No. 2700.

Award for conscientious performance of duties. Up to 25% of salary, no more than 3 salaries per year.

Material aid. Paid annually to military personnel in need of assistance in the amount of one salary, in accordance with clause 22 of Art. 2 Federal Law of the Russian Federation No. 306-FZ. Upon dismissal, you can receive this payment if it was not issued in the current calendar year.

Compensation for unused vacation. Upon dismissal, a citizen has the right to receive payments for the remaining days of vacation. The amount of compensation for one day is: the amount of payments for the last year divided by the number of days of this year. The result obtained is multiplied by the number of days of unused vacation.

Compensation for clothing allowance. A serviceman receives clothing allowance once a year (RF PP No. 390). If it was not received at the time of dismissal, the citizen may be paid compensation equal to the amount of the value of the unissued items.

A complete list of such grounds is given in paragraph 4 of Art. 3 Federal Law of the Russian Federation No. 306-FZ.

What to do if they don’t fire you and you don’t want to serve?

Reasons for refusing to dismiss a serviceman may be:

refusal to recognize the grounds for termination of service as valid;
incomplete set of documents for recognition of the basis;
failure by the certification commission to recognize the reasons for dismissal on the initiative of the commander as sufficient.

In case of refusal of dismissal and an unauthorized delay in reviewing documents or issuing an order, the serviceman may appeal to the court or the military prosecutor's office.

The procedure for dismissing military personnel differs from the procedure for terminating employment relations and is regulated by separate regulations. Leaving the Armed Forces is possible only for valid reasons ; the initiators can be a serviceman or his commander. The choice of basis is important for maintaining benefits and future employment.

So their dismissal does not happen at all like from a regular job. How to terminate a contract in the army? Let's find out.

We are drawing up a report for dismissal from the ranks of the RF Armed Forces
The procedure for considering a report on the dismissal of a military personnel
Grounds for terminating a contract in the army
Payments due to a military personnel upon dismissal One-time payment
Award for conscientious performance of duties during service
Benefit issued when a military person is declared unable to serve for health reasons

Not everyone understands the difference between contract service and regular work. But dedicating oneself to military service imposes both a number of advantages and a number of restrictions.

Basic requirements for candidates

Today, military service in Russia is considered very prestigious. For this reason, many go to serve in various troops in different professions. First of all, candidates who decide to join the army must meet all established standards. Failure to meet these requirements may result in refusal to serve under the contract. The main criteria are good professional training, psychological and physical health.

In a leadership position, it is necessary to have a high level of professionalism and higher education. To determine the suitability of a candidate, an attestation commission is organized, which conducts a medical examination and professional selection activities. Based on the results of this commission, the candidate can be accepted or rejected; in this case, there is practically no contract service.

We are drawing up a report for dismissal from the ranks of the RF Armed Forces

Expert opinion

Kuzmin Sergey Yaroslavovich

Lawyer with 8 years of experience. Specializes in the field of civil law. Legal expert.

At the moment, you can terminate a contract in the army at your own request only if there are good reasons for this. In this case, a special certification commission will consider the possibility of dismissal.

It should be noted that the list of such reasons is not listed anywhere by law, so when dismissing, it is worth writing in the report about the real reasons that prompted you to interrupt your service. And they will be considered by the commission at its discretion.

The report requires the following information:

Personal data of the person undergoing military service;
The resignation letter itself;
State the reason;
Information about the military unit to which the contract soldier is assigned;
Full name of the commander to whom the petition is being written;
Length of service;
Is service housing used?
Request for provision of payments and benefits upon dismissal.

The procedure for considering a report on the dismissal of a military personnel

If you decide to terminate your contract in the army, then you should know what will happen after this.

After submitting the report, you will need to rent out the previously provided housing if it is approved. Failure to comply with the requirement may result in forced eviction.

According to the law, the report itself can be considered for 30 days; the military man will be notified in writing of the decision.

It should be noted that as such there is no practice of dismissal at will, but it is unlikely that they will retain a military man against his will. If the person who submitted the report does not agree with the decision of the commission, then he can try to challenge it in the military garrison court or the military prosecutor's office.

Grounds for terminating a contract in the army

A positive decision on whether it will be possible to terminate a contract in the army is formed on the basis of valid reasons for termination of service. So, you can be fired if:

The terms of the contract are grossly violated. Moreover, there must be proven systematic violations on the part of the serviceman;
The military salary he receives does not allow him to adequately provide for himself and his family;
For family reasons (to care for seriously ill close relatives with whom it is not possible to live nearby, if it is impossible to provide for the duties of a guardian and some other reasons);
Due to the state of health, the verdict on this is made by a medical commission;
The religious views of the military man changed during his service and, in accordance with them, he can no longer serve in the army;
The serviceman believes that his current position does not fully reveal his potential, and a promotion cannot be expected;
If a close military relative died, which made further service impossible;
When moving to the highest elected position, occupying a high position in public administration;
Other valid reasons at the discretion of the certification commission.

Reasons for terminating a contract in the army

Dismissal of a contract employee is possible on the basis of valid (preventing service) reasons:

failure to comply with the terms of the agreement (significant systematic violation);
low financial security, which does not allow meeting the needs of the family, lack of other income (assessed by the minimum wage in the region);
marital status (need to care for a relative, child, desire to live with family, fulfillment of guardianship duties);
deterioration of health (with the provision of a certificate from a medical commission confirming the disease);
religion incompatible with military service;
inability to fully use potential and knowledge in the service, while the highest position is impossible;
death of a relative (military), for this reason exemption from service;
election to elective positions and other grounds.

Payments due to a military man upon dismissal

We have explained how you can resign from the army under a contract; now we will look at what preferences are available when leaving service.

For faithful and good service in the Armed Forces of Russia, the performance of military duties, and upon dismissal, the state provides a number of incentive payments for the serviceman and his family.

One-time payment

The amount that a soldier will be paid depends on his length of service. So, if a military man has given up to 20 years to his homeland, he will be paid a one-time benefit in the amount of 2 times his monthly salary. However, if a military man has served for more than 20 years, then he can count on a significantly more generous remuneration of 7 salaries.

Award for conscientious performance of duties during service

This opportunity to encourage contract military personnel appeared in 2011, when Resolution No. 993 came into force.

The size of this bonus consists of a number of factors, according to the assessment of the military’s performance during military service. Its maximum amount is 3 months' salary.

Benefit issued when a military person is declared unable to serve for health reasons

If a serviceman’s health has deteriorated significantly and he cannot serve in the future, then he should submit a report to the command. After this, he will undergo a military medical commission, which will make a conclusion about how much the identified diseases interfere with further service.

If declared unfit, a military man can count on another benefit, the amount of which depends on length of service:

Up to 10 years – 5 salaries;
10-15 – 10 salaries;
15-20 – 15 salaries;
20 and more – 20 salaries.

However, all payments may be deprived if a military man leaves for an unjustifiable reason, for example, due to a gross violation of the terms of the contract.

How to terminate a contract in the army at your own request? Contract military personnel, in fact, do not quite belong to the standard concept of “employee”, since their relations with the employer are regulated by the Labor Code of the Russian Federation only partially (in those aspects that are not specified in any special acts and regulations on military service).

That is why questions and disputes often arise regarding the responsibilities, capabilities and rights of an employee. In many ways, these concepts are different compared to civilians, both in terms of limitations and benefits.

For example, the question often arises among employees about how to terminate a contract in the army at their own request. Legal protection of military personnel is one of our areas of activity.

Termination of the contract unilaterally

At the initiative of the customer

Be sure to include the ability to terminate the contract unilaterally in the text of the contract. The reasons for unilateral termination must be justified. This may include the actions of the supplier when he:

entered inaccurate information about himself or the product into the application (for example, the country of origin is indicated as Japan, but Chinese equipment was supplied)
shipped a low-quality product
did not start work or does not do it quickly enough (will not be able to replace hot water supply pipes by the beginning of the heating season)

If an examination is carried out, there must be a conclusion that the delivered goods are of inadequate quality. The reasons for terminating the contract must be sufficiently compelling, and the customer is obliged to pay for partially delivered goods or work performed, even if the termination of the contract occurs on his initiative. Further actions are regulated by parts 12-15 of Article 95 of Law No. 44.

After making a decision to terminate the contract, the customer sends information about this to the Unified Information System within three working days (See also: “Electronic document flow in procurement”). The supplier is sent a registered letter or an electronic message about this indicating comments. The supplier is given ten days to eliminate the defects. If this does not happen, the decision comes into force. If the deficiencies are corrected, the customer cancels his decision.

Deficiencies can only be corrected once. In case of repeated violation of the terms of the contract, the customer will not cancel his own decision.

Possible consequences! Based on part 16 of Art. 95 of Law No. 44, information about the organization with which the contract was terminated at the initiative of the customer will be included in the RNP. The customer also has the right to compensation for damage incurred under Part 23 of the same article.