Leadership positions involve high responsibility and are especially important for the formation of the army. Therefore, it is unacceptable that such duties lie with a serviceman who is unable to perform them due to poor health or poor physical training. To control the timely departure of pensioners, the government introduced a law that provides for an age limit for staying on military service. Reasons for this restriction physiological features human body. The experience accumulated over the years, high theoretical training, combat tactics are the undeniable advantages of high ranks. However, old age takes away the strength and energy of the strongest warrior, and in fact poor physical shape is unacceptable for the defender of the Motherland.
The firmness of character and perseverance that is inherent in every high-ranking military man is another reason for strictly limiting the age limit for military service. Not everyone is ready to leave their personnel, come to terms with age, recognize the inevitable old age.
If there were no law, the owners of shoulder straps would not leave their post in a timely manner. age limit stay in military service In 2014, amendments were made to the Federal law on the service of contract soldiers.
In accordance with the new rules, the achievement of the age limit for military service for senior ranks occurs at 65 years.
What is the age limit for military service?
Thus, in order to reveal the candidate's readiness for this kind of activity, his personality is subjected to comprehensive checks, which follow one after another for reasons of expediency. 1) First of all, a candidate for an employee position Federal Service security of Russia is subjected to psychophysiological research. Verification involves the study of the mental state of a person (the level of intellectual development, moral stability, conflict, adequacy, type of thinking, personal psychotype, etc.).
P.). The candidate also undergoes special tests that reveal the facts of the use of narcotic, toxic and alcoholic substances. A medical check includes an analysis of the general condition of the body and its suitability for service in the ranks of the FSB of the Russian Federation.
The legal status of employees of the bodies of the FSB of Russia
We will talk about the age threshold for staying in military positions in this review. The legal framework that determines the age limit for service in the army Age restrictions in the armed forces Renewal of the contract with an age-related soldier Subscribe to our channel in Yandex.Zen! Subscribe to the channel The legal framework that determines the age limit for service in the army military service and military service" dated March 28, 1998 No. 53-FZ.
Putin set the maximum age for service in the FSB
These include:
Representatives of middle management ranks can hold their position up to 60 years:
- lieutenant general;
- major general;
- vice admiral;
- rear admiral.
Colonels, as well as captains of the first rank, have the right to remain in the service up to 55 years, military personnel of other military ranks - only up to 50 years. For contractors who serve in the bodies, other age restrictions may be assigned.
Changes in military legislation Prior to the entry into force of amendments to the Federal Law concerning military service, the age limit was lower by five years, that is, the highest ranks could not hold office after reaching the age of sixty. However, the changes did not affect all the defenders of the Motherland.
Putin signed the law on the age limit for serving in the FSB
The procedure for maintaining and storing personal files of military personnel and civilian personnel of federal security service bodies is determined by the head of the federal executive body in the field of security and should not contradict the law Russian Federation. (Part seven was introduced by Federal Law No. 468-FZ of December 30, 2015) For servicemen of the federal security service, the age limit for military service is set for: a) army general, fleet admiral, colonel general, admiral - 60 years; b) lieutenant general, vice admiral, major general, rear admiral - 55 years; c) colonel, captain of the 1st rank, lieutenant colonel, captain of the 2nd rank, major, captain of the 3rd rank - 50 years; d) military personnel with a different military rank - 45 years; e) female military personnel - 45 years. (part in ed. federal law dated 06/23/2014 N 159-FZ) (see.
Service under the contract in the FSB. regulatory requirements, salary
Also amended the law "On military duty and military service", establishing that the first contract for the passage of military service is with a soldier who is doing military service by conscription, or a citizen entering military service in a military position for which the state provides a military rank soldier, sailor, foreman, for two years or for three years at the choice of a citizen (currently only for three years). “These changes are aimed at increasing the attractiveness of military service under a contract for citizens undergoing military service by conscription, in particular, they are given the opportunity to choose whether to undergo one year of military service by conscription or two years of military service under a contract,” the press release says. Kremlin services.
Contracted military personnel (except conscripted military personnel), as well as federal state civil servants and employees appointed to the positions of military personnel, are employees of the FSB of Russia State civil servants and employees of the FSB of Russia are referred to as "persons of civilian personnel." An employee of the FSB of Russia may be a citizen of the Russian Federation: - who does not have citizenship (nationality) of a foreign state; - capable of fulfilling the duties assigned to him by his personal and professional qualities, age, education and state of health; Law on the FSB; Order of the FSB of Russia dated April 5, 2010 No.
The maximum age of service in the bodies of the FSB of Russia
It, along with the SVR, FSO, FSTEC and the Special Objects Service, belongs to the state security forces. This means that the Federal Security Service is empowered to carry out preliminary investigation, operational-search activities, inquiry, intelligence activities and the search for individuals.
It should be noted that the FSB is directly subordinate to the President of the Russian Federation, which leads to significant freedom of the department in the process of implementing its functions. Service in the FSB Today, service in the FSB is the most popular area where thousands of citizens want to work. But the problem is that it is more difficult to get a place in this body than, for example, in the police.
Is there an increase in the age limit for military service?
This is due to several main factors: - First, a person must have a specific temperament. Have special business and moral qualities, taking into account the specifics of the work of the FSB.
Areas of activity It should be noted that the contract service in the FSB of Russia has several main areas, namely: - Combating organized crime. - The fight against terrorism. - Intelligence activities. - Border activities. - Activities aimed at ensuring information security. These directions are basic. It is in their sphere that the FSB realizes its functions.
Counterintelligence activities One of the main areas of work of the Federal Security Service is counterintelligence. This activity has been developing for many years on the basis of methods and experience gained from the once existing KGB. The effectiveness of this branch of the FSB is the demonstrative detention and subsequent disclosure of a CIA agent who operated on the territory of Russia - Ryan Fogle.
What is the age limit for military service?
Age limit for military service
On the dismissal of military personnel who have reached the age limit for military service, see Article 2 of Federal Law No. 64-FZ of April 2, 2014.
Marshal of the Russian Federation, General of the Army, Admiral of the Fleet, Colonel General, Admiral - 65 years;
lieutenant general, vice admiral, major general, rear admiral - 60 years;
colonel, captain of the 1st rank - 55 years;
a serviceman with a different military rank - 50 years.
(Clause 1 as amended by Federal Law No. 64-FZ of April 2, 2014)
(see text in previous)
2. For female military personnel, the age limit for military service is set at 45 years.
2.1. For servicemen undergoing military service in the bodies, other federal laws may establish a stay in military service other than that provided for by this article. The provisions on the age limit for military service contained in such federal laws shall apply in the cases provided for by this Federal Law, with the exception of the provisions of paragraphs 1 and 2 of this Article, as well as in other cases established by federal laws and other regulatory legal acts of the Russian Federation.
(Clause 2.1 was introduced by Federal Law No. 159-FZ of June 23, 2014)
Servicemen who have reached the age limit for military service and who have entered into a new contract for military service in accordance with paragraph 3 of Article 49 of this document before the date of entry into force of the Federal Law of 04/02/2014 N 64-FZ, have the right to retire from military service due to age - upon reaching the age limit for military service established by this document in the wording that was in force until the date of entry into force of the Federal Law of 04/02/2014 N 64-FZ (Part 3 of Article 2 of the Federal Law of 04/02/2014 N 64-FZ).
3. With military personnel who have reached the age limit for military service, a new contract for military service may be concluded in the manner determined by the Regulations on the procedure for military service:
having the military rank of Marshal of the Russian Federation, general of the army, admiral of the fleet, colonel general, admiral - until they reach the age of 70 years;
having a different military rank - until they reach the age of 65 years.
(Clause 3 as amended by Federal Law No. 64-FZ of April 2, 2014)
(see text in previous)
Article 16.1. Service in the Federal Security Service
(Introduced by Federal Law No. 280-FZ of December 25, 2008)
Employees of federal security service organs are guided in their official activities by federal laws and cannot be bound by the decisions of political parties, public associations and other organizations.
Servicemen of the federal security service bodies shall perform military service in accordance with the legislation of the Russian Federation on the performance of military service, taking into account the specifics established by this Federal Law, due to the specifics of the duties they perform. When exercising operational and service activities, employees of federal security service bodies are subordinate only to their immediate and direct superior. Upon receipt of an order or instruction that is contrary to federal law, an employee of federal security service organs must be guided by federal law.
Employees of the federal security service in their official activities are required to comply with the code of ethics and official conduct of employees of the federal security service, approved by the head of the federal executive body in the field of security. For violation of the provisions of this code, employees of federal security service bodies shall be liable in accordance with the legislation of the Russian Federation.
(Part three was introduced by Federal Law No. 241-FZ of July 18, 2011)
The number of servicemen and civilian personnel of federal security service organs is established by the President of the Russian Federation.
The powers of officials of federal security service bodies to approve official regulations, apply incentives and disciplinary sanctions in relation to military personnel subordinate to them, as well as to confer military ranks, appoint and dismiss military personnel (with the exception of military personnel replacing the positions of senior officers) are established by the head of the federal executive body in the field of security.
Model official regulations for military positions are approved by the head of the federal executive body in the field of security.
(Part six was introduced by Federal Law No. 468-FZ of December 30, 2015)
For servicemen and civilian personnel of federal security service bodies, personal files are drawn up. The procedure for maintaining and storing the personal files of servicemen and civilian personnel of federal security service bodies is determined by the head of the federal executive body in the field of security and must not contradict the legislation of the Russian Federation.
(Part seven was introduced by Federal Law No. 468-FZ of December 30, 2015)
For servicemen of federal security service bodies, the age limit for military service is established for:
a) army general, fleet admiral, colonel general, admiral - 60 years;
b) lieutenant general, vice admiral, major general, rear admiral - 55 years;
c) colonel, captain of the 1st rank, lieutenant colonel, captain of the 2nd rank, major, captain of the 3rd rank - 50 years;
d) military personnel with a different military rank - 45 years;
e) female military personnel - 45 years.
Military added five years
Federal Law of June 23, 2014 N 159-FZ)
(see text in previous)
Military personnel and civilian personnel of the federal security service are prohibited from taking part in the management of organizations on their own or through proxies (with the exception of participation in the management of a non-profit organization on a gratuitous basis, if this is due to the solution of tasks of operational and service activities, or participation in a general meeting of members of a non-profit organization) engage in entrepreneurial activities, as well as assist individuals and legal entities in carrying out such activities. Employees of federal security service organs are prohibited from combining military service in federal security service organs (federal state civil service or work in federal security service organs) with other paid activities, except for scientific, teaching and other creative activity, with the exception of cases when it is provided for by the legislation of the Russian Federation and (or) is necessary to solve the tasks of operational and official activities.
(as amended by Federal Law No. 241-FZ of July 18, 2011)
(see text in previous)
Military personnel and civilian personnel of federal security service bodies may receive awards, honorary and other titles of political parties, public associations and other organizations in the manner determined by the head of the federal executive body in the field of security.
Thoughts of lawyers aloud
The maximum term of military service under the contract has been increased
Servicemen under the contract of the Armed Forces of the Russian Federation have increased the maximum period of military service. Legislatively, the issue of the terms of stay in the ranks was fixed by the Federal Law of the Russian Federation of April 2, 2014 N 64-FZ “On Amendments to Articles 49 and 53 of the Federal Law “On Military Duty and Military Service”.
If a serviceman in the military rank of colonel and his equal is set the age limit of 55 years, then other categories of servicemen, including sergeants, junior and middle-level officers, have been increased to 50 years. But statutory the maximum period of stay in military service does not exclude the extension of the contract for military personnel on the recommendation of attestation commissions military units over the age limit.
The law establishes a transitional period and the possibility of dismissal for willing military personnel from military service with all the rights provided for by the legislation in the old version.
Article 49
1. The age limit for military service is established for:
Marshal of the Russian Federation, General of the Army, Admiral of the Fleet, Colonel General, Admiral - 65 years;
lieutenant general, vice admiral, major general, rear admiral - 60 years;
colonel, captain of the 1st rank - 55 years;
a serviceman with a different military rank - 50 years.
2. For female military personnel age limit for military service established 45 years.
2.1. For servicemen doing military service in the bodies, other federal laws may establish a different age than that provided for by this article, the age limit for military service. The provisions on the age limit for military service contained in such federal laws shall apply in the cases provided for by this Federal Law, with the exception of the provisions of paragraphs 1 and 2 of this Article, as well as in other cases established by federal laws and other regulatory legal acts. Russian Federation.
3. With military personnel who have reached the age limit for military service, a new contract for military service may be concluded in the manner determined by the "Regulations" on the procedure for military service:
having the military rank of Marshal of the Russian Federation, general of the army, admiral of the fleet, colonel general, admiral - until they reach the age of 70 years;
having a different military rank - until they reach the age of 65 years.
Legal advice under Art. 49 of the Law on military duty and military service
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The subprogram "State Housing Certificates" for 2004-2010, which is part of the Federal Target Program "Housing" for 2002-2010.
Subprogram participants
Participants of the subprogram can be (according to paragraph 5 of the Rules for the issuance and sale of state housing certificates as part of the implementation of the subprogram "Fulfillment of state obligations to provide housing for categories of citizens established by federal law" of the Federal Target Program "Housing" for 2002 - 2010, approved by the Decree Government of the Russian Federation of March 21, 2006 N 153) the following categories of citizens of the Russian Federation: military personnel subject to dismissal from military service upon reaching the age limit for military service, or for health reasons, or in connection with organizational and staffing activities, the total duration of military whose service in calendar terms is 10 years or more;
RULES
registration of military personnel subject to dismissal from military service, and citizens dismissed from military service to the reserve or retired and service in the internal affairs bodies in need of obtaining housing or improving living conditions in the chosen permanent place of residence
APPROVED
Government Decree
Russian Federation
of September 6, 1998 N 1054
II. Grounds for recognition as needing housing or improving living conditions in the chosen permanent place of residence
6. Those in need of obtaining residential premises or improving housing conditions in the chosen permanent place of residence at the expense of the federal budget are recognized:
a) citizens who have completed military service under a contract in the Armed Forces of the Russian Federation, federal executive bodies in which military service is provided for by federal law, the armed forces and other military units of the CIS member states with which the relevant agreements have been concluded, and those discharged from military service into the reserve or retired, who arrived and entered the military register at their chosen permanent place of residence, or who remained to live at their former place of service until they receive housing in their chosen permanent place of residence, who have the total duration of military service is 10 years or more in calendar terms, as well as employees of the penitentiary system who have served in institutions with special conditions for economic activity of the Ministry of Internal Affairs of the Russian Federation or the Ministry of Justice of the Russian Federation for 10 years or more in calendar terms, dismissed on the following grounds :
upon reaching the age limit for military service;
for health;
in connection with organizational and staff activities;
Internet Address: Recognized as in need of accommodation or improvement of living conditions in the chosen permanent residence
The question of the age limit for military service has been raised at the legislative level for several years now. But it is precisely on the indicator of the age limit of military personnel that their career largely depends, as well as the prospects of a person who gives the best years of his life to the service of the Motherland.
That is why the state chose to take a truly serious and responsible step towards the formation of a professional army. And although the debate about the age threshold will continue to disturb the public, it is worth understanding the state of this issue today.
What does age limit mean?
Legislation on conscription and military service has existed since the distant 1988. Federal Law No. 53 talks about the features of service, and also pays attention to such a concept as the age limit for military service. This issue is discussed in more detail in Article 49.
This norm contains exact figures that regulate the maximum age of being in the army.
There are regulations that directly affect restrictions on the fact of being in the ranks of the armed forces. These norms are discussed in more detail in the regulation on the order of service, which was fixed by his decree on September 16, 1999, the President of Russia. This document has the number 1237, and it is valid today.
All of the above provisions will regulate the issues of signing contracts with military personnel, as well as the nuances of signing contracts with persons who are already directly approaching the age limit for military service.
What is the age limit for military service?
To date, when determining the age limit for military service, the legislator has linked directly with the rank to which a citizen has risen.
Back in 2014, the age of a serviceman was increased by 5 years, but the officer retained the right to leave the ranks of the armed forces with the right to maintain a pension even before the age limit.
At the same time, the age of the stock was increased.
If it becomes necessary to call ensigns into the ranks of army employees, then their age can reach a maximum of 50 years, depending on the specific specialization.
As for the lower officers, then these citizens can serve up to the age of 60.
As for persons who are in the rank of major, as well as captains of the second and third ranks, they are called up before the age of 65 years.
Colonels and captains of the 1st rank are called up until the age of 65, and the highest officer reserve even up to 70 years.
Separate provisions apply to female military personnel. If they are in the reserve in the officer rank, they will be called up to 50 years.
If a serviceman has approached the age limit over the years of his work, then he can still count on signing a new contract. However, only certain citizens can count on it.
- Marshals of the Russian Federation.
- Fleet admirals.
- Army Generals.
- Colonel General.
These persons have the right to sign a contract until the age of 70. If we are talking about other military personnel, then these citizens can sign contracts up to the age of 65 years.
Article 49 age limit for military service
Article 49 of Federal Law 64 of April 2, 2014 talks about what provisions touched on the issue of the age limit. Thus, in accordance with paragraph 1 of this regulatory legal act, the age limit for military service is established only for certain categories of citizens.
These are marshals, admirals of the fleet, colonel generals, whose age cannot exceed 65 years.
- Vice admirals and major generals under 60.
- Colonels and captains of the 1st rank up to 55 years old.
- Lieutenants in military rank up to 50 years.
The second paragraph of this normative legal act contains provisions on women whose age in military service is set at 45 years.
If military personnel have reached the age limit in accordance with this article, but wish to enter into a new contract, o they have every right to retire from military service due to age may enter into a new contract, if this implies, again, age.
A new contract may be concluded with persons in accordance with the third paragraph of the article who have a military rank:
- Marshals.
- Generals.
- Admirals.
- Colonel generals.
An agreement is reached with these people until the age of 70.
With persons who have a double military rank, this age cannot exceed 65 years
Age restrictions
Thus, Article 49 of Federal Law No. 53 provided for the following age restrictions.
- 65 years is the age of conclusion of an agreement for marshals, generals, admirals, colonel generals.
- 60 years is the deadline for lieutenant generals, vice admirals, rear admirals, major generals.
- 55 years is the deadline for colonels and captains of the first rank.
- 50 years for other army ranks.
What caused the restrictions
Many military personnel still cannot understand why such restrictions appeared. From the point of view of the legislator, this is explained by the fact that there is more logic in such a decision. For example, dismissing a general who has reached the age of 55 on the basis that he has already reached a certain age is unreasonable. Especially if at the age of 55 a man is perfectly built, feels good, and most importantly, is important for the Russian army.
It also seems unreasonable to dismiss a 50-year-old colonel or doctor of science from a military academy only on the basis of reaching a certain age.
However, a completely different thing happens in a situation where, at the age of 65, a commander independently takes off his shoulder straps and decides to retire.
It is already quite difficult for a person at the age of 65 to be at the landfills, as well as to carry out any physical labor.
But if a person sits only in the office, spends time behind papers with discussions, then at the age of 65 he will feel great in the service.
Therefore, in matters of assigning restrictions, certain limits were established that take into account not only the age, but also the type of activity of each serviceman. After all, people who carry out physical activity are quickly exhausted, in contrast to people who are engaged in office and paper work.
Legislative changes
The latest changes in legislation took place in 2014, when federal law number 53 saw the light of day. However, it is planned to revise more meticulously in the near future this question, and create a new legal act that will be entirely devoted to this issue.
Reasons for change
When preparing this legal act, the Ministry of Defense took into account only one reason.
Today in the ranks armed forces valid special system selection, contract service, as well as the training of future fighters.
All officers want to see in their branches and units not only military personnel, but also professionals and people who are motivated for long military service, and not those who joined the army just because they did not find themselves in the civil service.
Candidates for military personnel very often see in serving the Motherland only the possibility of obtaining an apartment, as well as a new way of earning. Military service is not seen as a goal, a perspective and a profession.
It is a well-known practice that at the age of 30 a man decides to enlist as a soldier only because he cannot earn enough money as a civilian. With the increase in the maximum service age, a person who, at the age of 30, has come to the idea that he wants to connect his life with military service, can reach a pension, and most importantly, have time to receive it.
Service time extension
President of the Russian Federation Vladimir Putin proportionally increased the age of a serviceman to 65 years.
The head of state explained that the introduction of such a condition would increase the age limit for military service.
In addition, such a measure will make it possible to adjust the composition and ranks of citizens, as well as to prepare professionals in the best possible way for a long, and most importantly, professional activity.
Features of women's service
Women who serve in the armed forces of the Russian Federation were also touched upon by the issue of changing the age limit. Now, for ladies, the age limit for military service, which is not determined by rank, will be 45 years.
However, if a woman wants to continue working, while she is important for military service, then she, of course, can stay and continue her activities until she considers it necessary to resign.
Seniority
Length of service is understood as a special type of continuous and seniority, which will involve the accrual of pension remuneration, also combined with certain benefits and increases. These benefits and increases will be commensurate with the number of years worked.
Also, the legislation of the Russian Federation strictly defined categories of persons who, by virtue of their professional duties, being in a certain position, and also in accordance with working conditions, may be entitled to a pension calculation that will correspond to the concept of seniority.
A complete list of such persons, including military personnel, can be found on the website of the pension fund, as well as in the relevant legal acts who are able to answer this question.
Pension amount
On the territory of the Russian Federation, there is an opportunity to become a military pensioner, without even taking into account the link to age. They retire at the age of about 40, and some military personnel even earlier.
However, today the situation is rapidly changing, and military personnel arrive at their place until their venerable age. This is done so that the serviceman is useful to the army for as long as possible, and so that the size of the pension is as large as possible for the life and maintenance of the elderly.
In order to get such a necessary general experience for military personnel, you will need to work in certain military structures for up to 20 years, and sometimes even more.
If there was a disability, as well as deaths, then such a circumstance will serve as the basis for calculating pensions both for the disabled and for the relatives of the deceased serviceman.
The size of the pension provision will also be directly affected by the amount of the monetary allowance itself, which the serviceman disposed of. The amount of monetary allowance will consist of several indicators at once. This is a salary, as well as other payments that were due to a particular soldier.
If a citizen expects that he will retire upon reaching the age limit, then he will be able to count on the largest possible pension. This means that he received the maximum length of service, so the amount of his monetary allowance can reach up to 95%, which will not affect life in any way, also in the social status of a serviceman.
On the contrary, if a serviceman retires when he has not yet reached the age limit, but has received an average length of service, then the amount of his pension will be average, it may equal 50 or 60% of the available monetary allowance, which, naturally, will not have the best effect on his social status.
Also, in addition to the basic pension provision, if a serviceman fits any category of citizens that were indicated in Articles 38, 17, 24, 45 of Federal Law 4468, he can count on receiving an allowance, as well as an increase in pension.
If a soldier continues to work as they say “in civilian life”, even after reaching a respectable age, then also may qualify for an additional insurance pension. However, for this, the relevant conditions must be met, for example, retirement age, length of service and the required amount. This will provide a good increase to the pension in the form of second payments.
What to do when you reach
What to do if the serviceman has reached the age limit, and then does not know what to do?
He can no longer remain in military service. For example, the activity of a serviceman was associated with physical labor and, unfortunately, took a lot of work and physical strength. Therefore, there are no more reasons to remain in military service.
What to do in this case? If the length of service allows, as well as the age limit of a soldier, it is necessary to quit. Yes exactly. Dismissal implies that a citizen retires due to reaching the age limit.
But what to do next? And then, you can go and safely draw up a military pension. A citizen deserved it, having received a certain length of service, and also, having reached a certain age. Now, a citizen can safely go to get a second civilian specialty. Indeed, this is not prohibited by law, and no one can take away your military pension from the law.
How to proceed in this matter? In fact, everything is extremely simple. A serviceman is arranged under a regular employment contract, and is also registered with the Pension Fund. The funds are transferred to his insurance account.
This means that upon dismissal from work, a citizen can count on a small pension, which the pension fund accrues to him already for having a citizen employment. This will be a small, but very tangible increase in the existing pension.
Today, it would seem, the servicemen are placed in harsh conditions. Their length of service was increased, because of this, citizens, instead of the accepted period of military service, must carry out their service for a longer time.
Also, the age limit has increased. Perhaps for those who carried out their activities in offices and other premises, this is good news. After all, now they can be in the service for a long time, thereby not being bored at home, receiving good money.
However, there are also downsides. For example, people whose activities were directly related to physical activity, now, unfortunately, can no longer perform work at the same level. And physical activity will have a bad effect on their health.
In this case, of course, the legislator leaves an individual approach and allows each citizen to reserve the right to a military pension in accordance not only with the maximum age reached, but also in accordance with the type of activity in which he was engaged.
Thus, persons who carry out their activities indoors will retire much later than persons who have been directly involved in hostilities, often visited the training grounds.
Also, it is important to realize that military retirement is not a sentence. A citizen retains the right to continue his labor activity, but not within the framework of military service, but, for example, within the framework of other activities in civilian life.
For example, the implementation of civic activities, opening your own business, as well as a device under an employment contract. Thus, even in old age, you can try to start new life, which will be marked by a new labor activity, new perspectives and career growth.
Article content:
As soon as the conscription campaign for military service in the army starts in our country, statements of various public people begin to sound about the need to extend the term of military service to 18 months. They began to exaggerate with greater force when the development of deputies appeared State Duma draft law, the content of which notes the need to extend the period of military service.
What explains the need?
- the army is not fully staffed with junior military personnel;
- in connection with the demographic hole in the 90s, there will be much fewer draftees in the military registration and enlistment office, since they do not exist in nature at all;
- for training a specialist in military affairs, one year is a very short time.
But whoever studied the defense plan until 2016, which was approved by V. Putin, knows that the service life will not change. And if you look through all the documents related to the reform of the army until 2020, then there is also no information about an increase in the term of military service. The President also opposes this decision. Therefore, an increase in the service life in 2017-2018 is not expected. More than that, all deferrals from military service will not be changed and will continue to be granted under the same conditions.
Law extending the age limit for officers in military service
Russia has a strong legal base for military affairs. All legal statuses military are enshrined and regulated by law. The legislation of the Russian Federation clearly and unambiguously regulates all aspects of military life.
But times are changing, and with it the requirements for the army are changing. Therefore, from time to time it is necessary to cancel or adopt new laws, to make amendments to existing ones.
A law was adopted to extend the age limit for officers in military service. This bill was adopted relatively long ago. Restrictions on the age of service of officers play a large role in shaping the composition of the army. the main idea the bill is as follows: physical qualities servicemen decline after a certain age, this reflects badly on the service.
Soldiers in old age in the army occupy mostly high ranks. They have the rank of colonel and above. Since these titles are very necessary in the formation Russian army, it is impossible for them to be occupied by a person who physically cannot cope with these loads.
This is the main reason for the introduction of the bill. No matter how hard a soldier tries, the nature of aging cannot be deceived, and the military does not show their weakness under any circumstances. Therefore, if this law had not been adopted, many military leaders would not have resigned on time.
Of course, we can say that they have vast experience, a good theoretical reserve, knowledge of the introduction of combat, but nothing can replace physical training. Therefore, the government passed this law, which limits the age of service in the army to 60 years.
This year, the President of Russia adopted amendments to military legislation.
What exactly are these changes or additions?
- generals and admirals of the Russian army may be in the service up to 65 years;
- middle management retires at the age of 60;
- colonels and captains remain in military service until the age of 55.
From this it becomes clear that the terms of resignation have shifted by five years. But this is not the only amendment to the law, another change was adopted.
If a soldier has reached the age of retirement, he has the opportunity to extend his service in the army for five years. This amendment can only be used by admirals and generals of the Russian army. This means that they can remain in the army until the age of 70 if an additional contract is concluded with them. The extension of the contract is consistent with government agencies. Therefore, one desire to extend the service for the general will not be enough.
The adoption of these amendments will not change the algorithm for early retirement for military personnel. Upon reaching the required number of years, any soldier has the right to retire with all privileges and payments.
The Russian government has adopted the latest amendments to military laws for several reasons.
- Life expectancy in the Russian Federation has increased, so it is not effective to retire a senior military officer with extensive work experience at the age of 55.
- As mentioned earlier, the generals have a very wide experience in work and a large stock of knowledge, so this must be used when training the younger generation.
- The government is focusing on those people who wish to join the army for a long period.
Thus, it became clear that the period of military military service until 2020 would not be attracted, but the law, adopted by the Government Russia on the extension of the age limit for officers in the service is sent to effective use experienced military personnel.
The army is the rear and defense of the country, as it ensures a peaceful life for the people. The state is interested in strong defenders of the Motherland. All details are controlled by legislative documents. Military science is based on a strong legal base, where everything is provided for in detail. The law specifies the age limit for military service.
concept
The length of service of military personnel depends on the availability of various advantages:
- length of service determines earnings: the longer the length of service, the higher the wages;
- some titles can only be obtained after a specific age has come;
- if the service was long, then the pension will be high.
All questions about age restrictions are determined by 53 FZ, art. 49. The law specifies when a member of the armed forces may retire, as well as the period of holding a particular position. Such limits also apply to leaders who carry out political or scientific work. When this period is over, you need to retire. And if the employee does not agree to do this, then dismissal follows.
What does age limit mean?
The "Law on military duty and military service" was adopted along with the military legislation. Time frames are important in organizing the composition of an army. Soldiers must be physically fit and in good health. But with age, there is a decrease in these necessary qualities that affect the performance of duties.
Many elderly contractors reach the rank of colonel, commander, general. Leadership positions require a lot of responsibility. Therefore, it is impossible for the duties to lie with the employee who cannot perform them due to poor health. To control the transition of people to retirement, a law was introduced that approves the age limit for military service.
What caused the restrictions?
The main reason for the introduction of restrictions are the physiological characteristics of people. Rich experience, broad theoretical training, knowledge of combat tactics are invaluable advantages of servicemen. But with the onset of old age, a person has less strength and energy, and a military man should not have insufficient physical training.
Another reason for limiting the age of service is the firmness of character and perseverance that all senior military ranks have. Not every person can leave the personnel, accept his age, the onset of old age. If there were no such law, then military personnel could not retire for a long time.
Age restrictions
In 2014, a change was made to the age limit for military service. Under the new rules, senior officials must retire at age 65. These include:
- marshals of the Russian Federation;
- admirals;
- generals;
- colonel generals.
Article 49 includes other rules. You can work in middle management positions up to 60 years:
- lieutenant generals;
- major generals;
- vice admirals;
- rear admirals.
Colonels and captains of the first level can work up to 55 years, and persons of other ranks - up to 50 years. For contractors serving in the bodies, other rules may be established.
Legislative changes
Prior to the changes, the age limit for military service was 5 years less. It turns out that the highest ranks should have been in office until the age of 60.
But the changes did not occur for all the defenders of the country. For example, the age limit for military service in the FSB and SVR is 45 years. This rule has been in place for many years. An extension to 50 is under discussion. In other cases, the age limit for military service does not change. Women can work until the age of 45.
Reasons for change
The change in the "Law on military duty and military service" is connected with insufficiently accurate ideas about reality. Previously, the average age parameters of men were smaller compared to today, when medicine is developed. It is unlikely that a commander at the age of 50 will not be able to do his job with high quality.
It also takes into account the fact that the elderly military have rich experience and a lot of knowledge in the organization of service. Experienced employees do their job correctly, and also prepare a new generation for quality performance.
Service time extension
There is another change in the law. When the age limit for military service has been reached, a person can serve for some more time. You can extend the activity up to 5 years. This advantage applies to higher ranks. It requires not only desire, but also the fulfillment of several conditions:
- coordination with management;
- passing certification;
- the highest rank in his unit.
During the certification, physical and theoretical training is determined. This is usually difficult for older employees. If there is no successful completion of the test, the contract cannot be renewed.
Features of women's service
Now not only men, but also women are in the military service. Representatives of the weaker sex are also in demand in various specialties. They are valued for stress resistance, excellent work, discipline, responsibility. And without these qualities it is impossible to serve in the army.
By law, women are considered equal participants in military affairs with men. The exceptions include some circumstances of life, for example, the birth and upbringing of children. Ladies cannot hold positions with high risk and complex workloads.
But even though there is no gender discrimination between the military, there is still one difference. Women can serve only up to 45 years, which is prescribed by law. They cannot extend this period, since the Federal Law does not say anything about this.
Seniority
According to the law, a serviceman can receive a service pension in 2 cases:
- if, upon dismissal, he has an experience of 20 years or more: this rule applies to employees in the Ministry of Internal Affairs, the fire service, and penitentiary bodies;
- if at the time of dismissal there are 45 years, and the entire length of service is 25 years.
When these conditions are met, you can retire. If a person does not fall under these requirements, then the length of service is credited to the entire length of service. Then the military passes according to the general law.
Pension amount
If a military man has been in office for 20 years or more, then his pension payments will be equal to ½ of his income, which was given to him during the service. This also applies to those persons whose experience is 25 years, of which 12.5 have taken up work in the military sphere or the Ministry of Internal Affairs.
If the term exceeds 20 years, then 3% of the amount is charged for each year. With a mixed length of service (for example, 12.5 years in the military, and the rest of the time in another area), 1% is charged for each year. The amount of the pension consists of:
- position salary;
- salary by rank;
- seniority bonuses;
- indexation payments;
- compensation.
Monetary allowance does not include allowances for service in highlands, remote areas, special conditions. The law states that the amount cannot be less than 100% of the main part of the old-age pension. Basic indicators are approved by the Government of the Russian Federation and laws. Even if the length of service has been worked out, the serviceman still has the right to pay an old-age pension.
Military personnel can receive a pension for years of service, as well as for old age. When calculating the amount of old-age benefits, the PFR does not take into account the time spent in military service. If it took place in special conditions, then a preferential option for calculating amounts is used. For example, if the military was a participant in hostilities, then the month is calculated as 3. This applies to service in the North Caucasus.
The law also indicates other cases when a pension is calculated according to special rules. Those who served in an unfavorable climate, for example, in the Far North, have benefits. Because of this, the size of pensions for each soldier may differ.
Age limit for military service
1. With military personnel who have reached the age limit for military service and who have expressed a desire to continue military service, a contract may be concluded for a period of up to 10 years inclusive, but not more than they reach the age of 65 years.
2. The age limit for military service is set:
a) for the Marshal of the Russian Federation, general of the army, admiral of the fleet, colonel general, admiral - 60 years;
b) for lieutenant general, vice admiral, major general, rear admiral - 55 years;
c) for a colonel, captain of the 1st rank - 50 years;
d) for a serviceman with a different military rank - 45 years;
e) for a female soldier - 45 years.
3. A serviceman who has reached the age limit for military service, in order to conclude a new contract, submits a report on command to an official who has the right to make a decision on concluding a contract with the specified serviceman, at least six months before the expiration of the current contract.
Decisions on the conclusion of contracts with military personnel who have reached the age limit for military service, on the term of a new contract or on the refusal to conclude a contract are made:
a) for senior officers, as well as officers appointed to military positions for which the state provides military ranks senior officers - by the President of the Russian Federation;
b) for colonels, captains of the 1st rank, as well as officers appointed to military positions for which the state provides for the military ranks of colonel, captain of the 1st rank - by the head of the federal executive body in which military service is provided;
c) for military personnel with a military rank up to lieutenant colonel, captain of the 2nd rank inclusive, - by officials who have the right to appoint these military personnel to their military positions.
4. If the relevant official decides to conclude a contract with a serviceman who has reached the age limit for military service and the period of its validity, the specified contract is signed by the commander (chief), who is granted the right to sign new contracts.
5. The decision to conclude a contract with a serviceman who has reached the age limit for military service is made taking into account his business qualities, as well as his state of health.
If necessary, the specified serviceman may be sent to undergo the IHC.
The conclusion of the VVK must be received by the official who has the right to decide on the conclusion of the contract, not less than four months before the end of the term of military service of the specified serviceman.
6. The head of the federal executive body, which provides for military service, has the right to determine the categories of specialists with whom contracts can be concluded when they reach the age limit for military service.
7. For a serviceman who is doing military service in the position of the head of a federal executive body in which military service is provided for, who has reached the age limit for military service and who wishes to continue military service, the term of military service may be extended by the President of the Russian Federation, but not more than age 65 years.
8. The age limit for the military personnel of the foreign intelligence agencies of the Russian Federation to be in military service is established by the head of an independent foreign intelligence agency of the Russian Federation or by the head of the federal executive body, the structure of which includes the foreign intelligence agency of the Russian Federation, in the manner determined by the President of the Russian Federation, but cannot be less than the age limit established by the commented Federal Law (Article 17 of the Federal Law "On Foreign Intelligence").
Decree of the President of the Russian Federation "Issues of military service" dated September 16, 1999 N 1237 determined that the director of the Foreign Intelligence Service of the Russian Federation, the heads of federal executive bodies, which include the foreign intelligence agencies of the Russian Federation, when establishing the age limit for staying on the military service of military personnel of these bodies should be guided by the Decree of the President of the Russian Federation "On the procedure for establishing the age limit for the military personnel of the foreign intelligence bodies of the Russian Federation" dated April 21, 1996 N 574 (p. 2).
Decree of the President of the Russian Federation of April 21, 1996 N 574 determined that the establishment of the age limit for military service for military personnel of the foreign intelligence agencies of the Russian Federation is carried out by extending the period of their stay in military service.
Foreign intelligence agencies include not only the Foreign Intelligence Service of the Russian Federation, but also intelligence agencies that are structurally part of a particular ministry or department (for example, intelligence agencies General Staff Armed Forces of the Russian Federation, etc.).
9. The right to make a decision on the extension of the period of stay in the military service of military personnel of the foreign intelligence agencies of the Russian Federation who have reached the age limit established by the commented Federal Law is granted:
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.
10. Prolongation of the period of stay in military service by the relevant officials should be carried out taking into account the qualifications, business and moral qualities, and the state of health of the serviceman.
11. The decision to extend the period of stay in military service is implemented by concluding with each of the servicemen who have reached deadline stay in military service, a contract for military service for a period of one year, three years or five years in the manner prescribed by departmental regulatory legal acts.
12. Letter No. а6-1082 of March 18, 2003, No. а6-1082, issued by the Main State Legal Department of the President of the Russian Federation "On the issue of concluding contracts for military service with military personnel who have reached the age limit for military service", provides the following clarifications.
The procedure for concluding a new contract with military personnel, including those with military ranks of senior officers, as well as those appointed to military positions for which the state provides for military ranks of senior officers, who have reached the age limit for military service and who have expressed a desire to continue military service, is determined by Art. 49 of the Federal Law "On military service and military service" and Article 10 of the Regulations on the procedure for military service, approved by Decree of the President of the Russian Federation "Issues of military service" dated September 16, 1999 N 1237.
Decisions on the conclusion of contracts with senior officers, as well as officers appointed to military positions for which the state provides for the military ranks of senior officers who have reached the age limit for military service, on the term of a new contract or on the refusal to conclude a contract are made by the President of the Russian Federation.
The specified military personnel who have reached (reaching) the age limit for military service, for the conclusion of a new contract, submit a report on command with an appeal to the President of the Russian Federation on the decision to conclude a contract with them, at least six months before the expiration of the current contract.
If the President of the Russian Federation decides to conclude a contract with these military personnel and its validity period, the specified contract is signed by the commander (chief), who is granted the right to sign new contracts.
According to paragraph 1 of Art. 38 of the said Federal Law, the period of military service for servicemen undergoing military service under a contract is determined by the period specified in the contract for military service. In accordance with paragraph 3 of Art. 3 of the Regulations on the procedure for passing military service, the term of military service expires for military personnel undergoing military service under a contract on the corresponding month and date last year term of the contract or on the corresponding day of the last month of the term of the contract, if the contract was concluded for a period of up to one year.
Based on this requirement, paragraph 7 of Art. 9 of the Regulations on the procedure for passing military service, it is determined that with a serviceman whose term of the previous contract ends, a new contract is concluded on the day following the day the term of the previous contract expires.
Thus, according to general rule the report and materials on the conclusion of a new contract with military personnel must be received by the President of the Russian Federation in such a way that the conclusion of a new contract in accordance with the order of the President of the Russian Federation is carried out by the relevant official on the day following the expiration date of the previous contract.
However, in a number of cases, the order of the President of the Russian Federation on the conclusion of a contract with a serviceman who has reached the age limit for military service is issued later than the expiration of the term of the previous contract for this serviceman. In these cases, when concluding a new contract with a serviceman, it is necessary to be guided by paragraph 4 of Art. 32 of the Federal Law "On Military Duty and Military Service", in accordance with which the contract for military service terminates from the day the military serviceman concludes another contract for military service, the serviceman is excluded from the lists of the military unit, as well as in other cases established by federal laws.
Based on the provisions of paragraph 4 of Art. 32, Art. 49 of the Federal Law "On Conscription of Military Service" and Art. 10 of the Regulations on the Procedure for Passing Military Service, a contract with a serviceman in these cases should be concluded not from the date of expiration of the previous contract, but from the date of entry into force of the relevant order of the President of the Russian Federation.
