Some problems of extending the status of military personnel to citizens in the reserve were previously considered in the articles by K.V. Fateeva*(1) and S.V. Kornishina * (2). These authors raised questions about the imperfection of the status of citizens in the reserve, mediated by the imperfection of the legislation regulating it. In particular, these authors found that citizens in the reserve "do not carry out military service in the full sense, and the status of military personnel cannot be extended to them in its entirety ... in relation to them, we can only talk about certain rights, duties and partially - Responsibility of military personnel in the cases and in the manner provided for federal laws and other regulatory legal acts Russian Federation"*(3).
The topic raised by K.V. Fateev and S.V. Kornishin, is today one of the most relevant. For this reason, the issues of the status of citizens in the reserve need a detailed study, and the norms of the legislation containing its elements need significant changes and additions.
In this article, the author will consider one of the issues of extending the status of military personnel to citizens in the reserve - the assignment military ranks.
As stated in Art. 24 Provisions on the order of passage military service, approved by Decree of the President of the Russian Federation of September 16, 1999 N 1237, citizens in the reserve may be awarded the first and next military ranks. At the same time, a military rank may be awarded to a citizen in the reserve if the specified citizen is assigned or can be assigned to a military unit (intended or may be assigned to a special formation) for conscription for military service for mobilization to a position for which the military staff time, a military rank is provided that is equal to or higher than the military rank assigned to a citizen who is in the reserve, and the next military rank, in addition, after the expiration of the established period of stay in the previous military rank. At the same time, a military rank may be awarded to a citizen who is in the reserve after he has passed military training and passed the relevant tests, or in an attestation procedure.
Recall that the terms for being in the reserve in the following military ranks are set:
a) private or sailor - five months;
b) junior sergeant or foreman of the 2nd article - one year;
c) sergeant or foreman of the 1st article - two years;
d) senior sergeant or chief foreman - three years;
e) ensign or midshipman - three years;
f) junior lieutenant - two years;
g) lieutenant - three years;
h) senior lieutenant - three years;
i) captain or captain-lieutenant - four years;
j) major or captain of the 3rd rank - five years;
k) lieutenant colonel or captain of the 2nd rank - six years.
A citizen who is in the reserve of the Armed Forces of the Russian Federation, if he has experience in a specialty related to military registration, the first military rank of an officer may be awarded by the Minister of Defense of the Russian Federation in an attestation procedure:
a) having a higher education professional education, - lieutenant;
b) having a secondary vocational education - junior lieutenant.
The next military rank to a citizen who is in the reserve of the Armed Forces of the Russian Federation may be awarded:
a) to a soldier, sailor, sergeant, foreman, warrant officer and midshipman:
- up to the foreman or the chief ship foreman inclusive - by the military commissar;
- up to and including senior warrant officer or senior midshipman - by the military commissar of a constituent entity of the Russian Federation;
b) to an officer: up to and including a colonel or captain of the 1st rank - by the Minister of Defense of the Russian Federation.
The next military rank may be awarded to a citizen who is in the reserve of the Armed Forces of the Russian Federation:
a) up to and including the senior lieutenant - with a positive attestation;
b) from a captain or lieutenant commander to a colonel or captain of the 1st rank inclusive - when he passes military training for a position corresponding to the next military rank and passes the relevant tests or in an attestation procedure if he has work experience in a specialty related to military registration (military service in the respective officer positions).
Of course, all of the above is expedient to some extent, but how legitimate - remains a question, which the author of the article will try to answer.
To do this, consider a few very important points.
First, according to paragraph 2 of Art. 13 of the Federal Law "On the System public service of the Russian Federation" dated May 27, 2003 N 58-FZ one of the general conditions for the assignment, retention of class ranks, diplomatic ranks, military and special ranks is the preservation of the assigned class rank, diplomatic rank, military and special rank upon release from a substituted federal state position service or dismissal from the federal civil service.It follows that military ranks upon dismissal from military service are preserved, i.e. remain unchanged.
Secondly, according to paragraph 2 of Art. 1 of the Regulations on the procedure for performing military service, military service includes appointment to a military position, assignment of a military rank, certification, dismissal from military service, as well as other circumstances (events) that, in accordance with the law, determine the legal status of servicemen. It follows from this that the assignment of a military rank is an element of military service only and cannot exist outside of military service.
Thirdly, in support of the above paragraph 1 of Art. 22 of the Regulations on the procedure for passing military service states that the next military rank is assigned to a soldier on the day of the expiration of his military service in the previous military rank, if he occupies a military position (position) for which the state provides for a military rank equal to or higher than military rank given to a soldier. Thus, for the assignment of a military rank, several conditions must be present:
- the presence of the status of a military man;
- the actual occupation of a military position for which the state provides for a military rank equal to or higher than the military rank assigned to a soldier;
- expiration of military service in the previous military rank.
Only in the presence of the above circumstances or conditions can a citizen be assigned both the first and the next.
However, in accordance with paragraph 1 of Art. 2 of the Federal Law "On the status of military personnel" dated May 27, 1998 N 76-FZ, citizens called up for military training are not military personnel. According to paragraph 2 of Art. 2 of the said Federal Law, citizens called up for military training are subject to the status of military personnel in the cases and in the manner provided for by federal laws and other regulatory legal acts of the Russian Federation. Clause 27 of the Regulations on conducting military training, approved by Decree of the Government of the Russian Federation of May 29, 2006 N 333, clarifies that citizens called up for military training are subject to the status of military personnel in cases and in the manner prescribed by the legislation of the Russian Federation in the field of defense .
Citizens called up for military training perform only some of the duties assigned to military personnel, which is due to the appointment of military training.
The above norm should reflect the limited nature of the extension of the status of military personnel to citizens called up for military training, since only military personnel who perform a special type of federal public service - military service can have it in full. This confirms, in particular, the fact that social guarantees and compensations are provided only to military personnel due to the special nature of the duties assigned to them * (4).
In accordance with paragraph 15 of the Regulations on conducting military training, citizens undergoing military training are considered to be performing military service duties. Thus, they do not perform military service, but only perform the duties of military service, and the status of military personnel cannot be extended to them in full.
With regard to citizens called up for military training, we can only talk about certain rights, duties and, in part, about the responsibility of military personnel in the cases and in the manner provided for by federal laws and other regulatory legal acts of the Russian Federation.
Fourth, according to paragraph 6 of Art. 22 of the Regulations on the procedure for passing military service, the term of military service in the assigned military rank includes the time spent in military service. In the specified period, the following is counted:
a) the time of a break in military service in the event of unreasonable prosecution of a serviceman, illegal dismissal of a serviceman from military service and his subsequent reinstatement in military service;
b) the time of suspension of military service;
c) holding time.
The question arises, how can the time spent in the reserve be counted in the period of military service in the assigned military rank?
As stated above, the period of military service in the assigned military rank includes the time spent in military service. Thus, the time spent in the reserve is equated to the time spent in military service. Meanwhile, according to paragraph 2 of Art. 2 of the Federal Law "On military service and military service" dated March 28, 1998 N 53-FZ military service is carried out: by citizens - on conscription and on a voluntary basis (under contract); foreign citizens- under a contract in military positions to be replaced by soldiers, sailors, sergeants and foremen in the Armed Forces of the Russian Federation, other troops and military units. However, citizens who are in the reserve do not do military service either by conscription or on a voluntary basis (under contract), they only perform some duties of military service and only during the period of military training.
Fifth, in connection with the foregoing, the norm of paragraph 29 of the Regulations on the conduct of military training, which states that the time spent on military training is included in the total duration of the military service of a citizen, also seems unlawful.
The duration of military service is component length of service, which is calculated in a calendar and preferential manner, the total time spent by a serviceman in military service, taken into account when resolving various issues of military service, as well as when providing social guarantees to servicemen, citizens discharged from military service, and members of their families.
However, the time of passing military training is not the time spent by a serviceman in military service, therefore the rule that the time of passing military training is counted in the total duration of military service is logically incorrect and illegal.
Thus, the above arguments indicate that Art. 24 of the Regulations on the procedure for passing military service contradicts other provisions of the legislation regulating the issue of conferring military ranks, which is a legal conflict.
From the above, we can conclude that the regulatory legal acts regulating military service, the procedure for its passage, as well as some issues of citizens being in the reserve and passing military training, contain serious errors regarding the offset of the time of military training in the total duration of military service. service and the assignment of military ranks to citizens in the reserve. The assignment of military ranks is, as we found out, an element of military service. Only if you have the status of a serviceman and have completed military service is it possible to talk about conferring a military rank on a citizen.
As for the offset of the time of military training in the total duration of military service, we have established above that military service and military training are different legal phenomena that give rise to different legal consequences, so one cannot enter into the other.
During the Soviet period national history military service was divided into active military service and military service in the reserve. Those liable for military service, who were called up for military training, did military service in the reserve. In this regard, there were no questions about the legality of conferring military ranks on citizens who served in the reserve.
With the adoption in 1993 of the Law of the Russian Federation "On Military Duty and Military Service", a distinction was introduced between military service: military service by conscription - as the performance of military duty and military service through voluntary admission (under contract) - as the fulfillment of constitutional duty on defense of the Fatherland. The call for military training and the passage of military training during the period of stay in the reserve for citizens who did military service on conscription and under a contract were attributed to the performance of military duty by citizens of the Russian Federation.
At present, as mentioned above, the military duty of citizens of the Russian Federation provides, in particular, for conscription for military training and their passage during the period of stay in the reserve * (5). Thus, the passage of military training by citizens in the reserve is not a form of military service, but a form of military duty.
R.A. Zakirov,
senior lieutenant of justice,
candidate legal sciences
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*(1) Fateev K.V. About military charges and legal status citizens who are in reserve during the passage of military training // Law in the Armed Forces. 2008. No. 8.
*(2) Kornishin S.V. Is it possible to consider citizens called up for military training as military personnel? // Ros. justice. 1999. No. 12.
*(3) Ibid.
*(4) Fateev K.V. Decree. op.
*(5) See paragraph 1 of Art. 1 and Art. 54 of the Federal Law "On military duty and military service".
1. The next military rank is assigned to a serviceman on the day of the expiration of his military service in the previous military rank, if he occupies a military position (position), for which the state provides for a military rank equal to or higher than the military rank assigned to the serviceman.
By Decree of the President of the Russian Federation of March 19, 2007 N 364, paragraph 2 of Article 22 of this Regulation is set out in a new edition, which comes into force on January 1, 2008.
2. For military service in the following military ranks, terms are established:
private, sailor - five months;
junior sergeant, foreman 2 articles - one year;
sergeant, foreman of the 1st article - two years;
senior sergeant, chief foreman - three years;
warrant officer, midshipman - three years;
junior lieutenant - two years;
lieutenant - three years;
senior lieutenant - three years;
captain, captain-lieutenant - four years;
major, captain of the 3rd rank - four years;
lieutenant colonel, captain 2nd rank - five years.
3. The military rank of a senior officer may be awarded to a serviceman after at least two years of his military service in the previous military rank and at least one year in the military position (position) held, subject to replacement by senior officers.
The terms of military service in the military rank of Colonel General (Admiral) and General of the Army (Admiral of the Fleet) are not established.
Decree of the President of the Russian Federation No. 364 of March 19, 2007 amended paragraph 4 of Article 22 of this Regulation, which shall enter into force on January 1, 2008.
4. The term of military service in the military rank of lieutenant for military personnel undergoing military service under a contract who graduated from the military educational institution By full-time training with a period of five years or more is set to two years.
5. The term of military service of military personnel in the assigned military rank is calculated from the day the military rank was awarded.
6. The term of military service in the assigned military rank includes the time spent in military service.
In the specified period, the following is counted:
a) the time of a break in military service in the event of unreasonable prosecution of a serviceman, illegal dismissal of a serviceman from military service and his subsequent reinstatement in military service;
b) the time of suspension of military service;
c) holding time.
7. When a serviceman is appointed to the highest military position (position) at the same time, and if simultaneous registration is impossible - from the date of appointment to the highest military position (position), he is assigned the next military rank if his term of service in the previous military rank has expired, provided that that for this military position (position) the state provides for a military rank equal to or higher than the military rank assigned to a soldier.
In this case, the military rank of a senior officer is assigned subject to the requirements of paragraph 3 of this article.
8. A serviceman who has the military rank of an officer and is successfully studying full-time in a military educational institution, postgraduate course, military doctoral studies, the next military rank up to lieutenant colonel, captain of the 2nd rank, inclusive, is assigned on the day of the expiration of his military service in the assigned military rank, regardless of military position (position), which he held before entering the specified educational institution, postgraduate course, military doctoral studies.
9. A serviceman who has the military rank of an officer, who, before entering a military educational institution, postgraduate course, military doctoral studies, held a military position (position), for which the state provides for the military rank of colonel, captain of the 1st rank or higher officer, the next military rank up to colonel, captain Rank 1 inclusive is assigned in accordance with the military position (position) occupied before entering the specified educational institution, postgraduate course, military doctoral studies after the expiration of the length of service in the assigned military rank.
10. The next military rank to a soldier may be awarded ahead of schedule for special personal merits, but not higher than the military rank provided by the state for the military position (position) he occupies.
11. A serviceman whose term of military service in the assigned military rank has expired, for special personal merits, may be awarded a military rank one step higher than the military rank provided by the state for his military position (position), but not higher than the military rank of major, captain 3 rank.
12. The military rank of corporal (senior sailor) may be awarded as a reward for special personal merit to a soldier holding a military position for which the state provides for the military rank of private (sailor).
13. The military rank of junior sergeant (foreman of the 2nd article) is assigned to a private (sailor) who fills a military position for which the state provides for the military rank of junior sergeant (foreman of the 2nd article) and above, after the expiration of his military service in the previous military rank, as well as a serviceman who has successfully completed training in a training military unit under the training program for sergeants (foremen).
14. While serving a sentence in the form of a restriction in military service or arrest, a serviceman cannot be awarded the next military rank.
15. The time of serving a sentence in the form of restriction in military service or arrest is not included in the term of military service in the assigned military rank.
Finally found one developed by the political department of the Ministry of Defense and recommended for Armed Forces ritual of celebrating one of the main events in the life of any soldier - washing the assignment of the next ( extraordinary) military rank.
(for more than 20 years of service, I have not seen any options, but more and more home-grown ones ... but in any business there must be order!)
I am sure it will be perfect for officers of the Civil Defense Troops and the Ministry of Emergency Situations, the Internal Troops and the Ministry of Internal Affairs, the Border Troops and the FSB-MGB, Railway Troops Ministry of Railways, as well as all employees of any "power" structure who wear epaulettes on their shoulders and regularly change stars, rhombuses, etc. for them.
Orderholding an officer meeting with the agenda
"Assignment of the next military rank"
1. An officer who has been awarded the next military rank, must:
- appoint the place, time of the officer's meeting and the uniform ( preferably everyday, but if the officer is a high-ranking commander or immediate superior, then subordinates can also wear front dress as a sign of respect);
- invite to the meeting of officers whom he wishes ( his immediate superior and officers of his structural unit - of course);
- Appoint a moderator for the meeting preferably an officer in a lower military rank and, if possible, a light drinker);
- arrive half an hour before the appointed time at the appointed place in dress uniform clothes ( shoulder straps and stars - according to the military rank in which the officer served before being awarded the next rank);
- check the menu layout, product yield, uvar, availability of dishes ( and definitely - faceted glass ), spoons, forks, table setting;
- upon the arrival of the officers of your unit and other officers - to meet them, while showing them where the places for smoking, cleaning shoes, washing, etc. are located;
- upon arrival of the chiefs from the commander of the unit and above, give the command: " Comrade officers! and report: " Comrade Colonel! Officers such a division assembled for an officers' meeting. Commander such a division (job title) lieutenant colonel Ivanov";
- accompany the chief to the place of honor at the head of the table and give the command: " Comrade officers! Please to the table";
- Take a seat to the right of your immediate superior.
2. The officers who arrived at the officers' meeting are required to observe silence and be always ready for action.
3. The immediate superior of the officer who was awarded the rank, must (if there is no more senior commander or chief):
- check the presence of a faceted glass, accessories (stars), alcoholic beverages and the state of health of your subordinate;
- in the ensuing silence, personally pour a full glass to the subordinate vodka(!), lower the stars into it according to the assigned rank.
4. The officer who has been awarded the rank takes a combat stance, raises his glass to chest level and reports: " Comrade Colonel! Comrade officers! Commander such a division (job title) lieutenant colonel Ivanov. I introduce myself on the occasion of conferring another military rank of colonel on me.". Having drunk vodka to the bottom, he puts down a glass, takes out stars from his mouth, takes a military stance and reports:" Colonel Ivanov". The chief announces: " Our regiment has arrived! Get your clothes in order". At this command, two officers in a lower rank screw one next star on both epaulettes directly on the shoulders of the officer, then each of the officers present at the celebration personally pours into his dishes vodka(!) Exactly as much as he respects and honors the "newly baked" colonel. Everyone drinks first toast arbitrarily, clinking glasses to the bottom ( but without toasts and comments).
Second toast for congratulations is given to the boss.
Third toast also announces the chief: " Comrade officers! For those who are not with us". Officers drink silently, standing, without clinking glasses, to the bottom.
Further, the chief transfers the right to conduct an officer meeting leading.
fourth toast (collective) he provides to all officers in the military rank in which the hero of the occasion was previously. They characterize the officer in turn, make complaints and claims, if any, announce the shortcomings that need to be eliminated and prevented in the new rank and conclude - do they release it in a new quality or not Release from the team of lieutenant colonels".
Fifth toast (collective) is granted to all officers in a military rank equal to the new rank of the hero of the occasion. They characterize the officer in turn, make complaints and claims, if any, announce the shortcomings that need to be eliminated and prevented in the new rank and conclude - whether they accept it in a new capacity or not. After that, one of the officers who is in rank the longest announces a collective decision and proposes a toast: " Adopt a Colonel".
Further, the leader gives toasts to the officers in turn, depending on the position, rank, age.
Note:
If the officer who was awarded the rank is a non-drinker, he is allowed to replace vodka with low-alcohol drinks.
Vodka can be replaced by other people present with other drinks only after the third toast.
Abridged version
Comrade officers! Lieutenant Colonel Ivanov.
I introduce myself on the occasion of conferring another military rank of "colonel" on me! (sometimes added - "Order of the Minister No. ... dated ...")A full glass of vodka (250 grams) with 3 stars at the bottom is drunk to the bottom, the stars are not swallowed (!), but remain in the mouth, after which they are carefully and accurately spat out onto a previously prepared shoulder strap or onto a shoulder strap on one of the shoulders.
Comrade officers! Colonel Ivanov.
Military ranks
1. Article 46 of the Federal Law establishes the following composition of military personnel and military ranks:
|
Compositions of military personnel |
Military ranks |
|
|
military |
shipborne |
|
|
Soldiers, sailors, sergeants, foremen |
corporal Lance Sergeant staff Sergeant foreman |
senior sailor foreman 2 articles foreman 1st article chief foreman chief ship sergeant major |
|
Ensigns and midshipmen |
ensign Senior Warrant Officer |
senior midshipman |
|
junior officers |
Ensign lieutenant senior lieutenant |
Ensign lieutenant senior lieutenant lieutenant commander |
|
senior officers |
lieutenant colonel colonel |
captain 3rd rank captain 2nd rank captain 1st rank |
|
senior officers |
major general lieutenant general colonel general army General |
rear admiral vice admiral fleet admiral |
|
Marshal of the Russian Federation |
||
2. Before the military rank of a serviceman serving in a guards military unit, on a guards ship, the word "guards" is added.
The words "justice" or "medical service" are added to the military rank of a serviceman or citizen who is in the reserve, having a military registration specialty of a legal or medical profile, respectively.
To the military rank of a citizen who is in the reserve or retired, the words "reserve" or "retired" are added, respectively.
3. The seniority of military ranks and compositions of military personnel is determined by the sequence of their enumeration in Article 46 of the Federal Law: from the military rank "private" ("sailor") to a higher one and from the composition of "soldiers, sailors, sergeants, foremen" to a higher one.
Military and naval military ranks corresponding to each other are considered equal.
4. Military ranks are assigned to servicemen personally.
Military rank can be first or next.
5. The form and content of submissions, forms of other documents and orders for the conferment of military ranks, as well as the procedure for their execution and submission (with the exception of senior officers) are established by the head of the federal executive body or federal state body in which military service is provided.
The procedure for conferring the first military rank
1. The first military ranks are:
a) for the composition of "officers" - junior lieutenant, lieutenant;
b) for the composition of "ensigns and midshipmen" - ensign, midshipman;
c) for the composition of "soldiers, sailors, sergeants, foremen" - private, sailor, sergeant, foreman of the 1st article.
2. The military rank of lieutenant is awarded:
a) to a serviceman who does not have the military rank of an officer, or to a serviceman who has the military rank of junior lieutenant, regardless of the period of military service in this military rank, who graduated from a higher or secondary military educational institution - upon graduation from the specified educational institution;
a.1) a citizen who graduated from a federal state educational organization of higher education and completed training under the program military training in the military training center at this educational organization - on the day following the day of issuing the order on graduation from the specified educational organization;
b) a citizen who has successfully completed the military training program for reserve officers for military department at the federal state educational organization of higher education and graduated from the specified educational organization - when enrolling in the reserve;
c) a citizen (serviceman) who does not have the military rank of an officer, who has higher education, related to the corresponding military specialty, and entered the military service under a contract for a military position, for which the state provides for the military rank of an officer - upon appointment to the corresponding military position;
d) to a serviceman who does not have the military rank of an officer, who is doing military service under a contract, who has a higher education related to the corresponding military specialty, and who is appointed to a military position for which the state provides for the military rank of an officer - upon appointment to the corresponding military position;
e) to a citizen who is in the reserve, who does not have the military rank of an officer, who has a higher education - upon completion of military training and after passing the relevant tests;
f) a serviceman who does not have the military rank of an officer who is serving under a contract in the Foreign Intelligence Service of the Russian Federation, the Federal Security Service of the Russian Federation, the Federal Security Service of the Russian Federation or the Main Directorate for Special Programs of the President of the Russian Federation - in the manner determined by the heads of these bodies , upon completion of training under the training program as part of study group or at the same time as entering military service, subject to subsequent training during the first year of service.
3. The military rank of junior lieutenant is awarded:
a) a serviceman who has completed courses for the training of junior officers, who has a secondary general education, - upon graduation from the specified educational institution;
b) to a citizen (serviceman) who does not have the military rank of an officer, who has a secondary vocational education related to the corresponding military specialty, and who entered the military service under a contract for a military position for which the state provides for the military rank of an officer - upon appointment to the corresponding military job title;
c) a serviceman who does not have the military rank of an officer, who is doing military service under a contract, who has a secondary vocational education related to the corresponding military specialty, and who is appointed to a military position for which the state provides for the military rank of an officer - upon appointment to the corresponding military position;
d) to a citizen who is in the reserve, who does not have the military rank of an officer, who has a secondary vocational education - upon completion of military training and after passing the relevant tests;
e) to a serviceman who does not have the military rank of an officer, who is serving under a contract in the Foreign Intelligence Service of the Russian Federation, the Federal Security Service of the Russian Federation, the Federal Security Service of the Russian Federation or the Main Directorate of Special Programs of the President of the Russian Federation - in the manner determined by the heads of these bodies , upon completion of training in a training program as part of a training group or simultaneously with entry into military service, subject to subsequent training during the first year of service.
4. The military rank of ensign (warrant officer) is assigned to:
a) to a serviceman who has graduated from a military educational institution that trains military personnel in the military registration specialties of ensigns (warrant officers), who has a secondary general education - upon graduation from the specified educational institution;
b) a citizen (serviceman) who does not have the military rank of warrant officer (warrant officer), who has a higher or secondary vocational education related to the corresponding military specialty, and who entered military service under a contract for a military position for which the state provides for the military rank of warrant officer (warrant officer) ), - upon appointment to an appropriate military position;
c) a serviceman who does not have the military rank of warrant officer (midshipman), who is doing military service under a contract, who has a higher or secondary vocational education related to the corresponding military specialty, and who has been appointed to a military position for which the state provides for the military rank of warrant officer (midshipman), - upon appointment to the corresponding military position;
d) a serviceman who does not have the military rank of ensign (midshipman) who is serving under a contract in the Foreign Intelligence Service of the Russian Federation, the Federal Security Service of the Russian Federation, the Federal Service of the National Guard Troops of the Russian Federation, the Federal Security Service of the Russian Federation or the Main Directorate of Special Programs of the President Russian Federation - in the manner determined by the heads of these bodies, upon completion of training under the training program as part of a training group or simultaneously with entering military service, subject to subsequent training during the first year of service.
4.1. The military rank of sergeant (foreman of the 1st article) is assigned to:
a) to a citizen who has successfully completed the military training program for sergeants, foremen of the reserve at the military department at the federal state educational organization of higher education and graduated from the federal state educational organization of higher education - upon enrollment in the reserve;
b) a citizen who has successfully completed the military training program for sergeants, foremen of the reserve in a military educational organization of higher education and graduated from a federal state educational organization of higher education - upon enrollment in the reserve.
5. The military rank of private is assigned:
a) to a citizen who does not have a military rank, called up for military service - upon departure from the military commissariat to the place of military service;
b) to a citizen who does not have a military rank and is enrolled in the reserve - upon enrollment in the reserve;
c) a citizen who does not have a military rank and entered the military service under a contract - upon enrollment in the lists of personnel of a military unit;
d) to a citizen who does not have a military rank, enrolled in a military educational institution - when enrolling in the specified educational institution;
e) to a citizen who has successfully completed training under the military training program for reserve soldiers at the military department at the federal state educational organization of higher education and graduated from the federal state educational organization of higher education - upon enrollment in the reserve;
f) a citizen who has successfully completed training under the military training program for reserve soldiers in a military educational organization of higher education and graduated from a federal state educational organization of higher education - upon enrollment in the reserve.
6. The military rank of a sailor is awarded to:
a) to a serviceman called up for military service - when enrolled in the lists of personnel of a military unit, where the state provides for the military rank of sailor;
b) a citizen who entered the military service under a contract who does not have a military rank - when enrolled in the lists of personnel of a military unit, where the state provides for the military rank of a sailor;
c) to a citizen who does not have a military rank, enrolled in a military educational institution - when enrolling in the specified educational institution, where the state provides for the military rank of a sailor;
d) a citizen who has successfully completed training under the military training program for reserve sailors at the military department at the federal state educational organization of higher education and graduated from the federal state educational organization of higher education - upon enrollment in the reserve;
e) to a citizen who has successfully completed training under the military training program for reserve sailors in a military educational organization of higher education and graduated from a federal state educational organization of higher education - upon enrollment in the reserve.
7. Upon entering the military service of a citizen who is serving or has served in the internal affairs bodies of the Russian Federation, other law enforcement agencies, the prosecutor's office of the Russian Federation, Investigative Committee Russian Federation or in the federal firefighting service and having a special rank (class rank of a prosecutor), he may be awarded a military rank equal to his special rank (class rank of a prosecutor) in the procedure for re-certification (attestation) determined by the head of the federal executive body or federal state body in which military service is provided.
The procedure for conferring the next military rank
1. The next military rank is assigned to a serviceman on the day of the expiration of his military service in the previous military rank, if he occupies a military position (position), for which the state provides for a military rank equal to or higher than the military rank assigned to the serviceman.
1.1. The next military rank is not assigned to a soldier:
a) at the disposal of the commander (chief);
b) if he is involved as an accused in a criminal case or a criminal case is initiated against him - until the criminal prosecution is terminated;
c) during the period of the proceedings on the fact of committing a gross disciplinary offense by him - until a disciplinary sanction is applied to the serviceman;
d) during the period of verification of the reliability and completeness of information on income, expenses, property and liabilities of a property nature, compliance with the requirements for official conduct in relation to him - until a penalty is applied to the military person;
e) submitted for early dismissal from military service on the grounds provided for in subparagraphs "e" - "h", "l", "m" of paragraph 1 and subparagraphs "c" - "e.2", "h" - "l" paragraph 2 of Article 51 of the Federal Law;
e) before the expiration of the period during which he is considered to have:
- disciplinary sanction in the form of a warning about incomplete official compliance, reduction in military position, reduction in military rank by one step, reduction in military rank by one step with a reduction in military position;
- disciplinary sanction applied for committing a gross disciplinary offence;
g) until the end of serving a criminal sentence in the form of restriction in military service or arrest;
h) until the repayment or removal of his criminal record;
i) before the end of the test period when he enters military service under a contract;
j) whose military service has been suspended.
1.2. In the event that a serviceman, in accordance with the procedure established by the Code of Criminal Procedure of the Russian Federation, is recognized as having the right to rehabilitation, or if the disciplinary sanction applied to a serviceman, specified in subparagraph "e" of paragraph 1.1 of this article, was canceled (except for the case if, after the cancellation the commander (chief) of the said disciplinary sanction, he applied another disciplinary sanction from among those specified in subparagraph "e" of paragraph 1.1 of this article), or if, after the investigation or verification specified in subparagraph "c" or "d" of paragraph 1.1 of this article, the serviceman was not held accountable, a military rank is assigned to a serviceman from the date of expiration of his military service in the previous military rank.
1.3. If the disciplinary sanction specified in subparagraph "e" of paragraph 1.1 of this article is removed or the conviction is removed or extinguished, the military rank is assigned to a military person from the day the disciplinary sanction is removed or the conviction is removed or extinguished.
1.4. The term of military service in the assigned military rank does not include the time of serving a criminal sentence in the form of restriction in military service or arrest, as well as the time (periods) that, in accordance with the Federal Law, is not counted in the term of military service (during the period of probation when entering the military contract service).
2. For military service in the following military ranks, terms are established:
- private, sailor - five months;
- junior sergeant, foreman 2 articles - one year;
- sergeant, foreman of the 1st article - two years;
- senior sergeant, chief foreman - three years;
- warrant officer, midshipman - three years;
- junior lieutenant - two years;
- lieutenant - three years;
- senior lieutenant - three years;
- captain, captain-lieutenant - four years;
- major, captain of the 3rd rank - four years;
- lieutenant colonel, captain 2nd rank - five years.
3. The military rank of a senior officer may be awarded to a serviceman after at least two years of his military service in the previous military rank and at least one year in the military position (position) held, subject to replacement by senior officers.
The terms of military service in the military rank of Colonel General (Admiral) and General of the Army (Admiral of the Fleet) are not established.
4. The term of military service in the military rank of lieutenant for military personnel undergoing military service under a contract who graduated from a military educational institution in full-time education with a five-year term and above is two years.
5. The term of military service of military personnel in the assigned military rank is calculated from the day the military rank was awarded.
6. The term of military service in the assigned military rank includes the time spent in military service.
In the specified period, the following is counted:
a) the time of a break in military service in the event of unreasonable prosecution of a serviceman, illegal dismissal of a serviceman from military service and his subsequent reinstatement in military service;
b) the time of suspension of military service;
c) holding time.
7. When a serviceman is appointed to the highest military position (position) at the same time, and if simultaneous registration is impossible - from the date of appointment to the highest military position (position), he is assigned the next military rank if his term of service in the previous military rank has expired, provided that that for this military position (position) the state provides for a military rank equal to or higher than the military rank assigned to a soldier.
In this case, the military rank of a senior officer is assigned subject to the requirements of paragraph 3 of this article.
8. A serviceman who has the military rank of an officer and is successfully studying full-time in a military educational institution, postgraduate course, military doctoral studies, the next military rank up to lieutenant colonel, captain of the 2nd rank, inclusive, is assigned on the day of the expiration of his military service in the assigned military rank, regardless of military position (position), which he held before entering the specified educational institution, postgraduate course, military doctoral studies.
9. A serviceman who has the military rank of an officer, who, before entering a military educational institution, postgraduate course, military doctoral studies, held a military position (position), for which the state provides for the military rank of colonel, captain of the 1st rank or higher officer, the next military rank up to colonel, captain Rank 1 inclusive is assigned in accordance with the military position (position) occupied before entering the specified educational institution, postgraduate course, military doctoral studies after the expiration of the length of service in the assigned military rank.
10. The next military rank to a soldier may be awarded ahead of schedule for special personal merits, but not higher than the military rank provided by the state for the military position (position) he occupies.
11. A serviceman whose term of military service in the assigned military rank has expired, for special personal merits, may be awarded a military rank one step higher than the military rank provided for by the state for his military position, but not higher than the military rank of major or captain of the 3rd rank, and soldier who has degree and/or academic title who holds the military position of a pedagogical worker in a military professional educational organization or a military educational organization of higher education or a researcher in a military professional educational organization, a military educational organization of higher education or a scientific organization - not higher than the military rank of colonel or captain of the 1st rank.
12. The military rank of corporal (senior sailor) may be awarded as a reward for special personal merit to a soldier holding a military position for which the state provides for the military rank of private (sailor).
13. The military rank of junior sergeant (foreman of the 2nd article) is assigned to a private (sailor) who fills a military position for which the state provides for the military rank of junior sergeant (foreman of the 2nd article) and above, after the expiration of his military service in the previous military rank, as well as a serviceman who has successfully completed training in a training military unit under the training program for sergeants (foremen).
The rights of officials to confer military ranks
1. Military ranks are assigned to military personnel:
a) senior officers - by the President of the Russian Federation on the proposal of the head of the federal executive body or the federal state body in which military service is provided;
b) a colonel, captain of the 1st rank - the head of the federal executive body or the federal state body in which military service is provided;
c) other military ranks - by officials determined by the head of the federal executive body in which military service is provided.
The military commissar assigns to citizens called up for military service the military rank of private, and to citizens in the reserve - from private (sailor) to senior warrant officer (senior midshipman), inclusive.
Powers of officials Federal Service security of the Russian Federation for the assignment of military ranks, with the exception of the military ranks of senior officers, are established by the director of the Federal Security Service of the Russian Federation.
1.1. The powers of officials of the military prosecutor's office and military investigative bodies of the Investigative Committee of the Russian Federation to confer military ranks are established by the Federal Law "On the Prosecutor's Office of the Russian Federation" and Federal Law of December 28, 2010 N 403-FZ "On the Investigative Committee of the Russian Federation".
2. Officials have the right to confer military ranks on servicemen under their direct subordination.
A higher official enjoys all the rights to confer military ranks granted to lower commanders (chiefs).
3. Assigning the first military rank of an officer, the military rank of an officer ahead of schedule, one step higher than the military rank provided by the state for the military position held, as well as the military rank to military personnel who are successfully studying full-time education in a military educational institution, postgraduate studies, military doctoral studies, up to and including the colonel (captain of the 1st rank) is made by the head of the federal executive body or the federal state body in which military service is provided.
Assignment of the first military rank of private (sailor) or sergeant (foreman of the 1st article) to citizens who have successfully completed training in the relevant military training programs at military departments at federal state educational organizations of higher education or at military educational organizations of higher education and graduated from federal state educational organizations higher education, produced by the military commissar when enrolling in the reserve.
4. Assignment of military ranks to warrant officers (midshipmen), sergeants (foremen) ahead of schedule, as well as the assignment of regular military ranks one step higher than the military rank provided for the full-time military position: warrant officers (midshipmen) - not higher than the military rank of senior warrant officer (senior warrant officer) ), sergeants (foremen) - not higher than the military rank of foreman (chief ship foreman), - is carried out by officials who have the right to assign these military ranks.
Terms of stay in military ranks, the rights of officials to confer military ranks and the procedure for conferring military ranks to citizens in the reserve
1. Citizens in the reserve may be awarded the first and next military ranks, but not higher than the military rank of colonel or captain of the 1st rank.
2. A citizen who is in the reserve, a military rank may be awarded if the specified citizen is assigned or can be assigned to a military unit (intended or may be assigned to a special formation) for conscription for military service for mobilization to a position for which the wartime staff a military rank is provided that is equal to or higher than the military rank assigned to a citizen who is in the reserve, and the next military rank, in addition, after the expiration of the established period of stay in the previous military rank. At the same time, a military rank can be awarded to a citizen who is in the reserve after he has passed military training and passed the relevant tests, or in an attestation procedure.
3. To stay in the reserve in the following military ranks, the terms are established:
a) private or sailor - five months;
b) junior sergeant or foreman of the 2nd article - one year;
c) sergeant or foreman of the 1st article - two years;
d) senior sergeant or chief foreman - three years;
e) ensign or midshipman - three years;
f) junior lieutenant - two years;
g) lieutenant - three years;
h) senior lieutenant - three years;
i) captain or captain-lieutenant - four years;
j) major or captain of the 3rd rank - five years;
k) lieutenant colonel or captain of the 2nd rank - six years.
4. By decision of the Minister of Defense of the Russian Federation (Director of the Foreign Intelligence Service of the Russian Federation, Director of the Federal Security Service of the Russian Federation), a citizen who is in the reserve, with high professional training and extensive work experience in a specialty applicable to military service, who has the military rank of officer, the period of stay in military rank may be reduced.
5. A citizen who is in the reserve of the Armed Forces of the Russian Federation, if he has experience in a specialty related to military registration, the first military rank of an officer may be awarded by the Minister of Defense of the Russian Federation in an attestation procedure:
a) having higher education - lieutenant;
b) having a secondary vocational education - junior lieutenant.
6. The next military rank to a citizen who is in the reserve of the Armed Forces of the Russian Federation may be awarded:
a) to a soldier, sailor, sergeant, foreman, warrant officer and midshipman:
- up to the foreman or chief ship foreman inclusive - by the military commissar;
- up to and including senior warrant officer or senior midshipman - military commissar;
b) an officer:
- the paragraph became invalid as of November 29, 2009. - Decree of the President of the Russian Federation of November 29, 2009 N 1363;
- up to colonel or captain of the 1st rank inclusive - by the Minister of Defense of the Russian Federation.
7. The next military rank may be awarded to a citizen who is in the reserve of the Armed Forces of the Russian Federation:
a) up to and including the senior lieutenant - with a positive attestation;
b) from a captain or lieutenant commander to a colonel or captain of the 1st rank inclusive - when he passes military training in a position corresponding to the next military rank and passes the relevant tests or in an attestation procedure if he has work experience in a specialty related to military registration (military service in the respective officer positions).
8. The procedure for conducting attestation for the assignment of military ranks to citizens who are in the reserve of the Armed Forces of the Russian Federation is determined by the Minister of Defense of the Russian Federation.
9. A citizen deprived of a military rank is conferred by the military commissar simultaneously with military registration the military rank of private.
10. Citizens who are in the reserve of the Foreign Intelligence Service of the Russian Federation and the Federal Security Service of the Russian Federation are assigned the next military ranks in an attestation procedure, taking into account the possibility of their further use in military positions.
The rights of officials in conferring military ranks, the procedure for conferring military ranks and conducting attestation of these citizens are determined respectively by the director of the Foreign Intelligence Service of the Russian Federation and the director of the Federal Security Service of the Russian Federation.
The order of restoration in military rank
1. A citizen deprived of a military rank, after the removal or cancellation of a criminal record, may be reinstated in the previous military rank by an official entitled to assign this military rank, at the request of a citizen, if there is a positive response from the internal affairs body of the Russian Federation and the decision of the commission of the military commissariat.
2. A citizen's application for reinstatement in military rank is considered by the military commissar no later than within a month from the date of its receipt by the military commissariat.
If there are grounds for the restoration of a citizen in the previous military rank, the military commissar draws up a submission on the restoration of a citizen in a military rank.
The restoration of a citizen in a military rank in this case can be carried out by order of an official who has the right to assign this military rank, in relation to the procedure for its assignment.
3. A citizen deprived of his military rank due to unlawful conviction shall be restored to his former military rank after the decision on his rehabilitation comes into force from the date of deprivation of his military rank.
A citizen whose military rank has been restored enjoys the rights and benefits established by federal laws and other regulatory legal acts of the Russian Federation, in accordance with the restored military rank.
Regulations on the procedure for military service for military service in the following military ranks from January 1, 2008, the following terms are established:
Private, sailor - five months;
Junior sergeant, foreman 2 articles - one year;
Sergeant, foreman of the 1st article - two years;
Senior sergeant, chief foreman - three years;
Ensign, midshipman - three years;
Junior lieutenant - two years;
Lieutenant - three years;
Senior lieutenant - three years;
Captain, lieutenant commander - four years;
Major, captain of the 3rd rank - four years;
Lieutenant colonel, captain 2nd rank - five years.
Passage of military service in military ranks increased by one year.
For example, almost similar terms were established by the Regulations on the service of command and commanding staff Red Army, approved by the decision of the Central Executive Committee and the Council of People's Commissars USSR September 22, 1935, by Regulations for the passage military service officers, generals and admirals Soviet army and the Naval Forces, approved by the Decree of the Council of Ministers of the USSR of April 25, 1955 N 818-490s (Order of the Minister of Defense of the USSR of April 29, 1955 N 0100), the Regulations on military service officers Armed Forces of the USSR, approved by the Decree of the Council of Ministers of the USSR of March 18, 1985 N 240 (Order of the Minister of Defense of the USSR of April 6, 1985 N 100).
At the same time, I would like to note that the Regulations on Service in the Internal Affairs Bodies of the Russian Federation, approved by the Decree of the Supreme Council of the Russian Federation of December 23, 1992 N 4202-I (as amended on April 1, 2005) (Article 23, ), also provides for similar periods of service in ranks.
2. The form and content of submissions, the forms of other documents and orders for the conferment of military ranks, as well as the procedure for their execution and submission (with the exception of senior officers) are established by the head of the federal executive body in which military service is provided.
In accordance with the Instructions for organizing military service by officers and warrant officers (midshipmen) in the Armed Forces of the Russian Federation, approved by order of the Minister of Defense of the Russian Federation of September 30, 2002 N 350, in order to ensure the timely assignment of the next military rank to a serviceman, the submission is issued no later than two months before the expiration of his military service in the previous military rank and is sent to an official who has the right to confer the corresponding military rank, so that the order to confer a military rank to a military serviceman is issued by the day of the expiration of his military service in the previous military rank from indicating in the order the date of conferring a military rank.
In exceptional cases, it is allowed to issue orders of the relevant officials after the expiration date of the military service of a serviceman in the previous military rank, indicating in the order the date of conferring the military rank.
The submission for the assignment to an officer of the next military rank after the expiration of his military service in the previous military rank is drawn up on a standard form in the form in accordance with Appendix No. 7 to the specified Instruction.
Representation for the assignment to a soldier of a military rank ahead of schedule or one step higher than the military rank provided for by the state for a military position, as well as for the assignment of the first military rank of an officer or ensign, midshipman (with the exception of military personnel to whom the military rank of officer or ensign (midshipman) is assigned after completion of relevant military educational institutions, ensign schools, etc.), is drawn up on a standard form in the form in accordance with Appendix No. 3 to the above Instructions.
In the submission on the appointment of a serviceman to the highest military position (position), a petition may be indicated for the simultaneous assignment of another military rank to him if his term of service in the previous military rank has expired, provided that the state provides for a military rank for this military position (position), equal to or higher than the military rank assigned to a soldier.
In accordance with the instructions of the Main Directorate of Personnel of the Ministry of Defense of the Russian Federation, it is necessary to adhere to the following criteria when submitting military personnel for the assignment of regular military ranks ahead of schedule: a serviceman holds a position (positions) with a staff category higher than the assigned military rank for at least one year and has served in the assigned military rank for at least half of the deadline. The selection of officers for the assignment of the next military rank is carried out ahead of schedule, first of all, from among the military personnel of the military level, directly related to combat duty, training and education of personnel, work on equipment (85% of all represented). When submitting to the assignment of the next military rank ahead of time military personnel of women, in the upper part of the submission, indicate in pencil the last name, first name, patronymic of the husband, his position and the name of the organization (department).
Petitions for the conferment of a military rank ahead of schedule are recommended to be initiated, as a rule, no more than 2 times during the entire period of the military service of a soldier: once each as part of junior and senior officers.
A serviceman whose term in the previous military rank has expired may be awarded by the Minister of Defense for special personal merit a military rank one step higher than the military rank provided by the state for his military position, but not higher than the military rank of major.
In accordance with the instructions of the Main Directorate of Personnel of the Ministry of Defense of the Russian Federation, it is necessary to submit for the assignment of a military rank one step higher than military personnel who have served at least two established terms in the assigned military rank. In this case, the serviceman must hold the last position for at least one year.
When conferring a military rank one step higher than "colonel" to military personnel who have an academic degree or academic rank, occupying military positions of professors and teachers in a military educational institution of vocational education, the military must be in the position of professors and teachers for at least 1 year.
When a serviceman is presented for the assignment of the first military rank of officer, ensign (midshipman), the following is issued: a service card in three copies, a numbered record card and a duly certified copy of a document confirming vocational education.
Upon entering the military service of a citizen who is or has served in the internal affairs bodies, institutions and bodies of the penitentiary system, in the customs bodies of the Russian Federation or in the federal bodies of the tax police and has a special rank, he is assigned a military rank by a commander (chief) with the right to assign the appropriate military rank, after recertification. Recertification is carried out by the certification commission of the military unit in which a citizen with a special rank entered military service, taking into account his official purpose, business and moral and psychological qualities, military or special training, service experience in the manner prescribed by the Instruction on the procedure for organizing and conducting certification officers and warrant officers (warrant officers) of the Armed Forces of the Russian Federation, approved by order of the Minister of Defense of the Russian Federation of April 6, 2002 N 100. This serviceman is issued a submission for the assignment of the appropriate military rank in the order of re-certification on a form of the established sample in the form in accordance with Appendix N 3 to the specified instruction.
The military rank of lieutenant is awarded to:
a) to a serviceman who does not have the military rank of an officer, who has graduated from a higher or secondary military educational institution - upon graduation from the specified educational institution;
b) a citizen who has successfully completed training under the training program for reserve officers at a military department at a state, municipal or state-accredited non-state educational institution of higher professional education in the relevant areas of training (specialties) - upon graduation from the specified educational institution;
c) to a citizen (serviceman) who does not have the military rank of an officer, who has a higher professional education related to the corresponding military specialty, and who entered the military service under a contract for a military position for which the state provides for the military rank of an officer - upon appointment to the corresponding military job title;
d) to a serviceman who does not have the military rank of an officer, who is doing military service under a contract, who has a higher professional education related to the corresponding military specialty, and who is appointed to a military position for which the state provides for the military rank of an officer - upon appointment to the corresponding military position;
e) to a citizen who is in the reserve, who does not have the military rank of an officer, who has a higher professional education - upon completion of military training and after passing the relevant tests;
f) a serviceman who does not have the military rank of an officer, who is serving under a contract in the Foreign Intelligence Service of the Russian Federation, the Federal Security Service of the Russian Federation, the Federal Security Service of the Russian Federation or the Service of Special Facilities under the President of the Russian Federation - in the manner determined by the heads of these bodies , upon completion of training in a training program as part of a training group or simultaneously with entry into military service, subject to subsequent training during the first year of service.
The military rank of junior lieutenant is awarded to:
a) to a serviceman who has completed courses for the training of junior officers, who has a secondary (complete) general education - upon graduation from the specified educational institution;
b) to a citizen (serviceman) who does not have the military rank of an officer, who has a secondary vocational education related to the corresponding military specialty, and who entered the military service under a contract for a military position for which the state provides for the military rank of an officer - upon appointment to the corresponding military job title;
c) a serviceman who does not have the military rank of an officer, who is doing military service under a contract, who has a secondary vocational education related to the corresponding military specialty, and who is appointed to a military position for which the state provides for the military rank of an officer - upon appointment to the corresponding military position;
d) to a citizen who is in the reserve, who does not have the military rank of an officer, who has a secondary vocational education - upon completion of military training and after passing the relevant tests;
e) to a serviceman who does not have the military rank of an officer, who is doing military service under a contract in the Foreign Intelligence Service of the Russian Federation, the Federal Security Service of the Russian Federation, the Federal Security Service of the Russian Federation or the Special Objects Service under the President of the Russian Federation - in the manner determined by the heads of these bodies , upon completion of training in a training program as part of a training group or simultaneously with entry into military service, subject to subsequent training during the first year of service.
The military rank of warrant officer (midshipman) is assigned to:
a) to a serviceman who has graduated from a military educational institution that trains military personnel in the military registration specialties of ensigns (warrant officers), who has a secondary (complete) general education - upon graduation from the specified educational institution.
In accordance with the Regulations on the schools of warrant officers (midshipmen) of the Armed Forces of the Russian Federation, approved by order of the Minister of Defense of the Russian Federation of December 27, 2004 N 452, cadets who graduate from schools are appointed to military positions, which, in accordance with the state, are subject to replacement by warrant officers. The military rank of ensign is assigned to a cadet upon graduation;
b) a citizen (serviceman) who does not have the military rank of warrant officer (warrant officer), who has a higher or secondary vocational education related to the corresponding military specialty, and who entered military service under a contract for a military position for which the state provides for the military rank of warrant officer (warrant officer) ), - upon appointment to an appropriate military position;
c) a serviceman who does not have the military rank of warrant officer (midshipman), who is doing military service under a contract, who has a higher or secondary vocational education related to the corresponding military specialty, and who has been appointed to a military position for which the state provides for the military rank of warrant officer (midshipman), - upon appointment to the corresponding military position;
d) to a serviceman who does not have the military rank of warrant officer (midshipman), who is serving under a contract in the Foreign Intelligence Service of the Russian Federation, the Federal Security Service of the Russian Federation, the Federal Security Service of the Russian Federation or the Special Objects Service under the President of the Russian Federation - in the manner determined by heads of these bodies, upon completion of training under the training program as part of a study group or simultaneously with entry into military service, subject to subsequent training during the first year of service.
The military rank of private is assigned to:
a) to a citizen who does not have a military rank, called up for military service - upon departure from the military commissariat of a constituent entity of the Russian Federation to the place of military service;
b) to a citizen who does not have a military rank and is enrolled in the reserve - upon enrollment in the reserve;
c) a citizen who does not have a military rank and entered the military service under a contract - upon enrollment in the lists of personnel of a military unit;
d) to a citizen who does not have a military rank, enrolled in a military educational institution - when enrolling in the specified educational institution.
The military rank of a sailor is assigned to:
a) to a serviceman called up for military service - when enrolled in the lists of personnel of a military unit, where the state provides for the military rank of sailor;
b) a citizen who entered the military service under a contract who does not have a military rank - when enrolled in the lists of personnel of a military unit, where the state provides for the military rank of a sailor;
c) to a citizen who does not have a military rank, enrolled in a military educational institution - when enrolling in the specified educational institution, where the state provides for the military rank of a sailor.
When entering the military service of a citizen who is or has served in the internal affairs bodies of the Russian Federation, other law enforcement agencies or in the State Fire Service of the Ministry of the Russian Federation for Civil Defense, emergencies and liquidation of consequences of natural disasters and having a special rank, he may be awarded a military rank equal to his special rank, in the procedure for recertification, determined by the head of the federal executive body in which military service is provided.
3. Analyzing the specified norm, we can conclude that modern order the assignment of regular military ranks, as well as the procedure that was enshrined in the Law of the Russian Federation "On Military Duty and Military Service" of 1993, were significantly changed compared to the procedure provided for in the Russian Federation, the USSR until 1993.
The current legislation excludes one of the essential conditions for conferring a title - a positive attestation. Thus, the obligatory assignment of a military rank to a serviceman in the event of the expiration of his military service in the previous military rank and his occupation of the corresponding position, regardless of the military discipline of this serviceman, the quality of his performance of his duties, the level of his vocational training, i.e. of the five functions of the system of military ranks (reflection of merit, authority, military and special qualifications of a serviceman, his service record and official position), the first two and partially the third have been lost.
The basis for conferring another military rank to a serviceman is the expiration of his military service in the previous military rank, and the condition is that the state must provide for a military rank for the military position (position) held, equal to or higher than the military rank assigned to the serviceman.
4. Thus, such indicators of a serviceman's performance as military discipline, the level of his professional training, are currently not criteria that affect the term for conferring the next military rank to a serviceman, which, according to the authors of the commentary, does not seem quite correct.
5. The next military rank is assigned to a soldier on the day of the expiration of his military service in the previous military rank, if he occupies a military position (position), for which the state provides for a military rank equal to or higher than the military rank assigned to the soldier.
6. The military rank of a senior officer may be awarded to a serviceman after at least two years of his military service in the previous military rank and at least one year in the military position (position) held, subject to replacement by senior officers.
The terms of military service in the military rank of Colonel General (Admiral) and General of the Army (Admiral of the Fleet) are not established.
The period of military service in the assigned military rank includes the time spent in military service.
7. When a serviceman is appointed to the highest military position (position) at the same time, and if simultaneous registration is impossible, from the date of appointment to the highest military position (position), he is assigned the next military rank, if his term of service in the previous military rank has expired, provided that for this military position (position), the state provides for a military rank equal to or higher than the military rank assigned to a military man.
A serviceman who has the military rank of an officer and is successfully studying full-time in a military educational institution, postgraduate course, military doctoral studies, the next military rank up to lieutenant colonel, captain of the 2nd rank inclusive is assigned on the day of the expiration of his military service in the assigned military rank, regardless of military position (position), which he held before entering the specified educational institution, postgraduate course, military doctoral studies.
A serviceman who has the military rank of an officer, who, before entering a military educational institution, postgraduate course, military doctoral studies, held a military position (position), for which the state provides for the military rank of colonel, captain of the 1st rank or senior officer, the next military rank up to colonel, captain of the 1st rank inclusive is assigned in accordance with the military position (position) occupied before entering the specified educational institution, postgraduate course, military doctoral studies after the expiration of the length of service in the assigned military rank.
The next military rank to a soldier may be awarded ahead of schedule for special personal merits, but not higher than the military rank provided by the state for the military position (position) he occupies.
A serviceman whose term of military service in the assigned military rank has expired, for special personal merits, may be awarded a military rank one step higher than the military rank provided by the state for his military position (position), but not higher than the military rank of major, captain 3rd rank.
The military rank of corporal (senior sailor) may be awarded as a reward for special personal merit to a soldier holding a military position for which the state provides for the military rank of private (sailor).
The military rank of junior sergeant (foreman of the 2nd article) is assigned to a private (sailor) who fills a military position for which the state provides for the military rank of junior sergeant (foreman of the 2nd article) and above, after the expiration of his military service in the previous military rank, as well as to a soldier, successfully completed training in a training military unit under the training program for sergeants (foremen).
8. While serving a sentence in the form of restriction in military service or arrest, a serviceman may not be awarded the next military rank. The time of serving a sentence in the form of restriction in military service or arrest is not included in the term of military service in the assigned military rank.
Military ranks are assigned to military personnel:
a) senior officers - by the President of the Russian Federation on the proposal of the head of the federal executive body in which military service is provided;
b) colonel, captain of the 1st rank - the head of the federal executive body in which military service is provided;
c) other military ranks - by officials determined by the head of the federal executive body in which military service is provided.
The military commissar of a constituent entity of the Russian Federation assigns the military rank of private to citizens called up for military service.
The powers of officials of the Federal Security Service of the Russian Federation to confer military ranks, with the exception of the military ranks of senior officers, are established by the director of the Federal Security Service of the Russian Federation.
Officials have the right to assign military ranks to servicemen who are directly subordinate to them.
A higher official enjoys all the rights to confer military ranks granted to lower commanders (chiefs).
Assignment of the first military rank of an officer, the military rank of an officer ahead of schedule, one step higher than the military rank provided by the state for the military position held, as well as the military rank to military personnel who are successfully studying full-time education in a military educational institution, postgraduate studies, military doctoral studies, up to colonel (captain of the 1st rank) inclusively is made by the head of the federal executive body in which military service is provided.
Assignment of military ranks to warrant officers (warrant officers), sergeants (foremen) ahead of schedule, as well as the assignment of regular military ranks one step higher than the military rank provided for the current military position: warrant officers (warrant officers) - not higher than the military rank of senior warrant officer (senior warrant officer), to sergeants (foremen) - not higher than the military rank of foreman (chief ship foreman), - is carried out by officials who have the right to assign these military ranks.
9. In accordance with the order of the Minister of Defense of the Russian Federation "On the powers of officials of the Armed Forces of the Russian Federation to appoint officers and warrant officers (warrant officers) to military positions, release them from military positions, dismissal from military service and assign them military ranks" dated December 11 2004 N 410 military ranks to officers and ensigns (midshipmen) are assigned to:
Up to lieutenant colonel, captain of the 2nd rank inclusive - deputy ministers of defense of the Russian Federation, chiefs of services of the Ministry of Defense of the Russian Federation, chief of the Office of the Minister of Defense of the Russian Federation, commanders-in-chief of the branches of the Armed Forces of the Russian Federation, commanders of military districts (fleets), commander of the troops of the Command special purpose, commanders of the military branches of the Armed Forces of the Russian Federation, heads of the main and central departments of the Ministry of Defense of the Russian Federation, who have the right to issue orders on personnel, heads of military educational institutions for which the state provides for the military ranks of colonel general, admiral and above;
Up to major, captain of the 3rd rank inclusive - commanders (commanders) of formations and their equals, heads of main and central departments of the Ministry of Defense of the Russian Federation, heads (heads) of organizations of the Armed Forces of the Russian Federation who have the right to issue orders on personnel, heads of military educational institutions for which the state provides for the military ranks of lieutenant general, vice admiral and above;
Up to the captain, lieutenant commander inclusive - commanders of formations and their equals, heads (heads) of organizations of the Armed Forces of the Russian Federation, who have the right to issue orders on personnel, heads of military educational institutions for which the state provides for the military ranks of major general, counter- admiral and above.
Orders on personnel have the right to issue:
Minister of Defense of the Russian Federation;
Deputy Ministers of Defense of the Russian Federation;
Heads of services of the Ministry of Defense of the Russian Federation;
Chief of Staff of the Minister of Defense of the Russian Federation;
Commanders-in-Chief of the Armed Forces of the Russian Federation;
Commanders of the troops of military districts, fleets;
Commanders of the armed forces of the Armed Forces of the Russian Federation;
Heads of the main and central departments, who are directly subordinate to personnel bodies;
Commanders of armies and their equal formations, having personnel bodies directly subordinated;
Commanders of brigades, divisions, corps and equal formations to them, having personnel bodies directly subordinated;
military chiefs educational institutions higher professional education;
commanders military units, chiefs (heads) of organizations of the Armed Forces of the Russian Federation, for which the state provides for the military ranks of colonel, captain of the 1st rank, having personnel bodies directly subordinate.
10. The legislation provides for cases of preferential calculation of length of service for the assignment of the next military rank.
The Law of the Russian Federation "On Additional Guarantees and Compensations to Military Personnel Performing Military Service in the Territories of the Transcaucasian States, the Baltic States and the Republic of Tajikistan, as well as Performing Tasks to Protect the Constitutional Rights of Citizens in a State of Emergency and in Armed Conflicts" of January 21, 1993 N 4328 -I and the instructions of the Main Directorate of Personnel of the Ministry of Defense of the Russian Federation "On preferential conditions for calculating military service (service) in military (special) ranks" dated June 2, 2000 N 173/3/12222 determined to be counted from August 1, 1999 by military personnel, employees of the internal affairs bodies of the Russian Federation, employees of the State Fire Service of the Ministry of the Russian Federation for Civil Defense, Emergencies and Disaster Relief and employees of the penitentiary system of the Ministry of Justice of the Russian Federation the time of direct participation in counter-terrorism operas on the territory of the North Caucasus region of the Russian Federation during the period of military service (service) in military (special) ranks on preferential terms - one month of military service (service) for three months.
