Submitting a report on dismissal at the end of a serviceman’s contract: registration rules and sample

A serviceman can submit a report for dismissal at the end of the contract if he does not want to continue serving in units of the Russian Armed Forces. After completion of service, you can receive various payments, which are regulated by current legislation.

You can leave the military unit only after signing a report by higher management. Termination of the contract is not grounds for leaving the place of service. It is worth considering in more detail the features of dismissal from the RF Armed Forces.

When is the contract considered completed?

Contract soldiers are accepted into the ranks of the Russian army for the following periods:

  • One year;
  • Three years;
  • Five years;
  • Ten years;
  • period limited by age limit (from 45 years);
  • indefinite period (up to 45 years);
  • less than 12 months in cases of emergency.

When is the subsidy available for military personnel?

Upon expiration of the period for which the agreement was drawn up, the military unit is removed from the lists. The exclusion process occurs simultaneously with the onset of the last day of service, except in the following cases:

  • being on maternity leave or childcare leave;
  • stay in hospital treatment;
  • participation in long swimming;
  • disappearance before being declared missing or dead;
  • capture by enemy troops, hostage-taking, participation in an armed conflict on the territory of another state;
  • being in custody in a guardhouse or under the supervision of the unit command.

Important : dismissal after the expiration of the contract is applied when there are no other grounds for leaving (committing disciplinary offenses, being declared unfit for service in the armed forces).

Payments and benefits for contract workers

Reasons

There are two types of service in Russia:

  • urgent or forced. It is compulsory for every male citizen to pass upon reaching 18 years of age. Under special circumstances provided for in current legislation, a man may receive a deferment or go into the reserves due to unfitness for health reasons;
  • contractual A man performs military duties on the basis of a concluded contract, which specifies all the conditions, as well as the grounds under which the document can be cancelled.

Expert opinion

Korolev Igor Yakovlevich

Lawyer with 10 years of experience. Specializes in criminal law. Knows everything about the law.

A person’s performance of military service and performance of duties is strictly regulated at the legislative level. Among the main documents it is worth highlighting Federal Laws No. 53, No. 76, No. 306 and others.

A contract signed between the parties may be terminated due to its expiration, that is, the serviceman is relieved of his obligations to fulfill the conditions stipulated by the previously concluded contract. The procedure for canceling a contract itself involves a number of activities that are mandatory for each of the parties.

The reasons why a contract may be terminated are presented in Art. 51 Federal Law No. 53. Among them are:

  • violation of the conditions specified in the contract;
  • the soldier's own desire. This paragraph also includes family circumstances, for example, an urgent move, the need to care for a relative with a serious illness;
  • the serviceman’s poor health condition, which will be confirmed by relevant documents after passing a military medical commission;
  • military personnel reaching the age limit;
  • expiration of the contract;
  • other circumstances beyond the control of the parties, as well as provided for in Part 2 of Art. 51 Federal Law No. 53.

If there are circumstances provided for by current legislation, the contract may be terminated.

Consequences of ending the contract

The end of a contractual relationship inevitably entails consequences for the serviceman. The length of service required to receive housing benefits and cash benefits is interrupted. What is a contract soldier who served in the Russian army entitled to after his release to civilian life?

Payments to disabled people with military injuries in Russia: features and size in 2018

"Severance pay" for the military

The command of the unit makes payments upon the dismissal of a colleague in the form of:

  • 2 salaries when the service life is less than 20 years;
  • 7 salaries if you exceed 20 years of service.

To the specified one-time benefit, another amount of one salary is added to those who have been awarded an honorary title or state awards.

Effective performance of their duties and a conscientious attitude guarantee that military contractors receive an additional bonus in the amount of three salaries.

How to write a report correctly: requirements for form and content

It is necessary to correctly draw up a resignation report. Some military units have special forms, but they are not mandatory. Therefore, a soldier can write everything himself using an A4 sheet.

It is required that the report be drawn up without errors or blots.
Their presence is considered a reason for refusing to accept documents for termination of the contract. Here are the basic requirements for a resignation letter:

  • handwritten or typewritten;
  • the contents of a clear request to dismiss, indicating the date and reason;
  • the presence of a personal signature of the serviceman.

According to current legislation, contract soldiers can resign from the RF Armed Forces without paying the penalties provided for in the contract if the reason for this is valid.

However, the decision to accept the application is made by a special commission. She must make sure that circumstances do not allow her to fulfill her military obligations in full.

Expert opinion

Irina Vasilyeva

Civil law expert

If a serviceman has sufficient length of service, he can indicate in the report the need to provide him with housing, referring to Federal Law-117. The law allows you to receive a municipal apartment or payment from the NIS to purchase real estate.

What to do if the dismissal procedure is violated?

In practice, some military personnel face delays in the dismissal procedure. The order is prepared late, or exclusion from the lists of personnel occurs untimely. What actions should be taken in this case:

  1. Contact the unit commander;
  2. If the issue is not resolved, contact the higher command;
  3. Next to the military prosecutor's office.

What pension do military wives receive after their death?

If upon dismissal there were violations of the law in terms of providing housing or making payments, you need to prepare an application to the military court. An appeal against a dismissal order occurs within 3 months.

Writing sample

A sample report on dismissal from the RF Armed Forces at the end of the contract is as follows:

  • in the upper right corner the full name, position and rank of the unit commander are indicated;
  • Below is the full name, position and rank of the serviceman;
  • the text of the report, which sets out the request for dismissal from service, indicating the period and reason;
  • a list of attached documents;
  • date and signature.

The application may include a conclusion from a medical commission declaring him unfit for service, confirmation of family problems, and so on. If a citizen does not attach anything, then there is no need to draw up an inventory.

It is recommended to draw up the report in two copies so that the applicant has one of them with a mark on the acceptance and registration of the second. This will prevent the problem of HR employees losing the document.

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What payments are due to those dismissed from the RF Armed Forces?

Expert opinion

Kovalev Evgeniy Andreevich

Lawyer with 6 years of experience. Specialization: family law. Extensive experience in document examination.

Payments to military personnel are regulated by Federal Law No. 306-FZ of November 7, 2011. His third article talks about mandatory payments and social compensation upon dismissal, taking into account a number of factors.

In accordance with Art. 11 of the Labor Code of the Russian Federation, military personnel are not subject to the general norms of civil labor legislation.

The size of the lump sum payment is determined by the category of the serviceman:

  1. Citizens who have served under a contract for less than 20 years and go into the reserves at the end of the period of conscription service are shown a payment of 2 salaries.
  2. Military personnel whose service life at the end of the contract exceeds 20 years can count on payment of 8 salaries.

Also, the amount of benefits will differ for different ranks and positions, although the procedure for calculating it is always the same. When dismissing persons who have Russian or Soviet awards, the military unit must pay them an additional bonus equal to one salary.

In accordance with clause 1 of the Rules for the payment of financial assistance to military personnel, enshrined in Government Resolution No. 993, military personnel must be paid financial assistance annually, the amount of which is equal to one salary.

However, it is not paid automatically and can only be received by those citizens who submit a corresponding report to their commanders.

If a military man is dismissed at the end of the year, and at the same time he is on vacation, the end of which falls on the next year, then the payment can be received only after the end of the vacation. For example, an officer submits a letter of resignation and goes on leave until January 2021. Then the payment of financial assistance will be counted for 2021.

Military personnel who have served 20 years or more on the day the contract ends (Article 13 of the Law of the Russian Federation of February 12, 1993 No. 4468-I) can retire. Also keep in mind that those who have not reached retirement age will receive a salary for another year.

But this applies only to those who were dismissed due to age, health and general medical conditions (you can find out how dismissal from the RF Armed Forces for health reasons occurs here). This is stated in paragraph 18 of Resolution of the Council of Ministers - Government of the Russian Federation dated September 22, 1993 No. 941. So those who quit at the end of the contract are not entitled to such payment.

Before writing a report, it is important to study all the consequences of leaving military service: is it possible to choose another basis for dismissal, which will provide greater benefits, what will happen to the right to housing for military personnel, etc.

A serviceman can submit a report for dismissal at the end of the contract if he does not want to continue serving in units of the Russian Armed Forces. After completion of service, you can receive various payments, which are regulated by current legislation.

You can leave the military unit only after signing a report by higher management. Termination of the contract is not grounds for leaving the place of service. It is worth considering in more detail the features of dismissal from the RF Armed Forces.

  • 1 How many months before dismissal from military service does it apply?
  • 2 How to write a report correctly: requirements for form and content
  • 3 Writing sample
  • 4 Can it be withdrawn?

What it is

The dismissal of a serviceman at the end of the contract is the termination of his duties to perform the functions provided for in the agreement. It consists of a number of activities (payment of benefits, activation of benefits).

You can break off a relationship before you retire. But the majority have as their goal to resign so that they can immediately receive a military pension - only in this case they use the largest amount of benefits due to them.

Military personnel are transferred to the reserve or retire (reaching the age limit, that is, a pension, or being declared unfit).

Basic concepts, legislation

There is conscription (forced) and contract service. The timing of the first is clearly regulated by law. This is the responsibility of citizens, so it does not provide almost any privileges (except for disability payments if this happened in the service and the like).

Basic laws on this issue: Federal Law No. 53 “On Military Duty...”, Federal Law No. 76 “On the Status of a Military Personnel” (Article 23), “Regulation on the Procedure for Passing...” No. 1237, Federal Law No. 306 “On Monetary Allowance...” , Orders No. 2700 “On the Procedure for Providing ...” and No. 100 “On the Organization ...” (Articles 22, 23, 25).

Report on dismissal from military service upon expiration of the contract (download)

To the commander of military unit 00000

I ask for your petition to the higher command for the dismissal of me, Lieutenant Colonel of Justice Ivanov I.I., in accordance with sub. "b" clause 1 art. 51 of the Federal Law of the Russian Federation of March 28, 1998 No. 53-FZ “On Military Duty and Military Service” upon expiration of the contract.

I ask you to leave me in the queue to receive housing (housing subsidy) for permanent residence at my last place of service - Moscow (or at my chosen place of residence - Moscow).*

Please send me to a military medical commission.

"__" December 201__

* It should be noted that military personnel who began military service before 1998, when leaving military service with a total duration of military service of 20 years or more at the end of the contract, do not have the right to be provided with living quarters only at the place of military service, read here.

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