The State Duma adopted in the first reading a bill allowing officers in the reserve to receive regular military ranks without restrictions. According to the bill, citizens in the reserve of the Armed Forces of the Russian Federation will be able to receive not two, as now, but six or more regular military ranks. Thus, one of the authors of the document, the first deputy chairman of the Duma Committee on Defense, Alexei Sigutkin, believes, being in the reserve, it will be possible to go from lieutenant to colonel and above.
Recall that under the current legislation (the law of the Russian Federation "On military duty and military service"), the next military ranks can be assigned to citizens who are in the reserve, only no more than two times. At the same time, a soldier, sailor, sergeant, foreman, warrant officer and midshipman could rise to the rank of foreman, chief ship foreman, inclusive of military commissar; or up to senior warrant officer, senior midshipman inclusive military commissar of the subject Russian Federation. Officers - up to major, captain of the 3rd rank inclusive - commander of the military district; or up to the colonel, captain of the 1st rank inclusive - by the Minister of Defense of the Russian Federation.
The document, which the deputies are considering, also proposes another innovation - to allow the provision of regular military ranks in the reserve, even if the candidate for promotion has not passed military training. True, as the developers note, this is possible if the education, qualifications and work experience of a citizen in the reserve meets the requirements that apply to candidates for filling a military position provided for by wartime states.
Where are reserve officers trained?
The main source of accumulation of reserve officers is military departments. Military offices appeared in Russia in 1926, when pre-conscription training was introduced by the decision of the Soviet government for the training of command and engineering personnel at civilian universities and technical schools. Experience showed that military offices converted into departments could graduate mid-level reserve commanders, and in 1930 higher non-military training was introduced. In 1937-1939, the nature of training at the military departments changed again - they switched to the training of single fighters.
During the years of the Great Patriotic War all the activities of the military departments were subordinated to the requirement of universal compulsory military training, they became the training centers of the district military commissariats. In 1944, reserve officers were again trained at military departments.
By 1990 there were 441 educational institution where reserve officers were trained. With the collapse of the USSR in a number of universities and in all secondary specialized educational institutions military training students were discontinued. By 2008-2009, military departments are planned to remain only in 30-35 civilian universities in Russia.
You are a reserve officer if:
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you have signed a contract for the training program for reserve officers, graduated from the military department at a university, completed military training camps, successfully graduated from the university itself, and you have been awarded an officer rank;
- you are demobilized from the ranks of the armed forces in the rank of officer.
After graduating from a military department and a university, the rank of officer is usually awarded. Reserve officers are called up for military service for a period of 2 years.
The material was prepared by the online editors of www.rian.ru based on information from the RIA Novosti Agency and other sources
Provisions on the order of passage 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 degree or academic title who occupy military positions of the teaching staff in a military educational institution of vocational education, the soldier must be in the position of the teaching staff for at least 1 year.
When a serviceman is presented for the assignment of the first military rank of an officer, ensign (warrant officer), the following is issued: a service card in three copies, a numbered record card and a duly certified copy of a document confirming professional 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 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.
The military rank of junior lieutenant is awarded to:
a) 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 assignment of regular military ranks, as well as the procedure that was enshrined in the Law of the Russian Federation "On military service and military service" in 1993, were significantly changed in comparison with 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 soldier who has the military rank of officer and is successfully studying in full-time training in a military educational institution, postgraduate studies, 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 the military position (position) that 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.
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.
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, Emergency Situations and Elimination of Consequences of Natural Disasters and employees of the penitentiary system of the Ministry of Justice of the Russian Federation the time of direct participation in counter-terrorism operations in 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.
Story: graduated from the military department and received the military rank of lieutenant of the reserve in 2012, at the beginning of 2013 he received a military ID of a reserve officer at the military registration and enlistment office. I have an excellent testimonial from the military department, all exams during training and graduation passed with excellent marks.When I was at the military registration and enlistment office, I asked the head of the department for registering reserve officers (I don’t remember exactly what this department is called), then - lieutenant colonel, whether the military rank of "senior lieutenant" will be awarded to me 3 years after the military rank of "lieutenant" is awarded. I referred to article 24 of the Regulations on the procedure for performing military service ( Article 24):
3. To stay in the reserve in the following military ranks, the terms are established:
…
h) senior lieutenant - three years;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;And also to the fact that my father, also a reserve officer, was awarded the military rank of “senior lieutenant” in the late 80s 3 years after being awarded the rank of “lieutenant” and without going through the training camp.
The lieutenant colonel replied that without going through military training on this moment assignment of the next ranks to reserve officers is not carried out. Hence the first question - is it true that 1. the assignment of the next rank to reserve officers, including the title of "senior lieutenant", is carried out only after passing the training camp?
Then I asked him about the military training camp, and he answered me that even when passing the training camp, the rank is awarded only if I receive a positive motivated reference from the head of the training camp and an indication that I am worthy of the next military rank. It is not clear how well the leadership of the military training camps of officers who pass them can evaluate in 2-3 weeks and make a positive decision. In this regard, the question arises: 2. How difficult is it to get a positive reference with a referral for the assignment of the next military rank during the training camp? What is the proportion of citizens who receive a positive reference What is the practice on this issue
Now I am a student of the magistracy and therefore I am exempted from fees. But in the summer I will have time, and I am ready to go to the training camp. 3. Is it possible to go to the training camp, being a student (that is, as if forgetting about it and not telling the military registration and enlistment office). In case this is found out in the GUK MO, can it have Negative consequences in the form of a refusal to assign another title?
There are also additional restrictions on passing fees: for example, citizens cannot be called up for them more often than once every 3 years. 4. Is it possible to violate them of your own free will, that is, to come to the draft board and ask for training, even if less than 3 years have passed since the previous ones?
In order to receive the next rank, the fees must be completed in a position for which the desired rank is required according to the staffing table. The lieutenant colonel assured me that the rank of "senior lieutenant" would be easy to obtain in this way, and then it might be more difficult with positions. 5. What are the practical limits to growth in military rank for reserve officers? Is it possible in practice to obtain the ranks of "major", "lieutenant colonel" and "colonel" in this way?
Please be as careful as possible when answering. practices and practical opportunities, because the regulatory legal acts on this issue I have already studied quite well on my own and can almost work as a lawyer in this specialization. :) Thank you all in advance for your answers!
Added after 17 minutes
Yes, in addition to question 2. Is it difficult to pass tests and exams at the training camp at a level that would be enough to award the next title?
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 - 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 "* (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 of military ranks.
As stated in Art. 24 of the Regulations on the procedure for 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 professional education - a 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 federal law"About 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 duty and military service" dated March 28, 1998 N 53-FZ military service is carried out: by citizens - by 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, it can be concluded that in the normative legal acts, regulating military service, the procedure for its passage, as well as some issues of being citizens 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 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".
