Judgments regarding constant combat readiness. The right of military personnel to additional rest and combat readiness of the military unit. The concept of elite troops

Question:

Hello. I serve in the 15th separate motorized rifle brigade of military unit 90600 (Roshchinsky village, Samara region). The brigade is one hundred percent on a contract basis, in accordance with article 221 of the internal charter and article 11 of the Federal Law "On the status of military personnel" (verbatim) clause 3.1. Servicemen doing military service in formations and military units of permanent readiness, transferred in accordance with the established procedure for recruitment by military personnel undergoing military service under a contract (hereinafter referred to as formations and military units of permanent readiness), additional rest in accordance with paragraphs 1 and 3 of this article is not provided !

The question is - am I entitled to monetary compensation for involvement in events held without limiting the total duration of weekly service time (3 months field trip)? And the second question - if I am not entitled to monetary compensation, then is this not a violation of my Constitutional right in accordance with paragraph 2.3 (discrimination), paragraph 5 of Article No. 37 of the Constitution Russian Federation, Since, for example, a contractor in exactly the same position in a regular brigade receives (!) This monetary compensation instead of providing additional days of rest for being involved in events held without limiting the total duration of the weekly duty time. I am looking forward to your answer.

Sincerely, Contract based sergeant Toiganbaev Marat Zakirzhanovich

AnswerHead of the Supervision Department of the Main Military Prosecutor's Office, Major General of Justice Alexander Nikitin:

Having considered your application, we inform the following. Since February 5, 2013, you have been doing military service under a contract in military unit 90600 as commander of the 1st squad of a medical platoon. In accordance with paragraph 3.1 of Article 11 of the Federal Law of May 27, 1998 No. 76-FZ "On the Status of Military Personnel" and Article 221 of the Charter of the Internal Service of the Armed Forces of the Russian Federation, military personnel serving in formations and military units of permanent readiness transferred in the prescribed manner for recruitment by military personnel undergoing military service under a contract, additional rest in case they are involved in the performance of military service duties on working days in excess of the established duration of weekly service time, as well as participation in events held without limiting the total duration of weekly service time, is not provided.

In connection with the foregoing, there are no grounds for providing you with additional days of rest, and, consequently, for paying monetary compensation for these days.
As one of the additional payments to servicemen, Part 18 of Article 2 of the said Federal Law provides for a monthly allowance for special conditions of military service, which is set at up to 100 percent of the salary for a military post. The rules for its payment to military personnel serving under a contract are determined by Decree of the Government of the Russian Federation of December 21, 2011 No. 1073.
In particular, this monthly allowance is provided to military personnel serving in formations (military units, subunits) of special (special) purpose, and to other specified categories of military personnel. The specified allowance is paid to military personnel of military unit 90600, including you.

Thus, paragraph 3.1 of Article 11 of the Federal Law "On the Status of Military Personnel" cannot be considered as violating the constitutional rights of the applicant, since when determining the amount of the monetary allowance of military personnel, it involves taking into account the special conditions of service in formations and military units of constant readiness, related, inter alia, with the need to perform military service duties outside the established weekly duty hours.

A similar position is set out in the ruling of the Constitutional Court of the Russian Federation dated December 9, 2014 No. 2743-O "On the complaint of citizen I.A. Markov about the violation of his constitutional rights by paragraph 3.1 of Article 11 of the Federal Law" On the status of military personnel ".

Events recent years prove the correctness of the ancient Greek proverb: "If you want peace, prepare for war." Working out the worst of the scenarios for the development of events, it is possible to check the combat readiness of the troops, as well as send a signal to a potential enemy or an unfriendly neighbor. A similar result was achieved by the Russian Federation after a series of military exercises.

The concern of the United States of America and NATO is explained by the fact that combat readiness in Russia is directed not at one of the worst scenarios, but at several: the Russian army, for the sake of peace in its country, is ready for war in any direction.

Definition

Combat readiness is a state of the Armed Forces in which various army units and subunits are able to prepare in an organized manner and in a short time and engage in combat with the enemy. The task set by the military leadership is being carried out by any means, even with the help of nuclear weapons. Troops in combat readiness (BG) having received the necessary weapons, military equipment and other materiel, ready at any moment to repel an enemy attack and, following orders, use weapons of mass destruction.

Plan for bringing to BG

In order for the army to be put on alert, the headquarters is developing a plan. The commander of the military unit supervises this work, and the result is approved by the senior commander.

The BG plan includes:

• the procedure and methods for notifying military personnel of the Armed Forces and officers for collection;
• their location is indicated;
• actions of a duty officer and in a military unit;
• actions of the commandant service in the areas of concentration of personnel and military equipment.

Start

Alert for each level begins with a signal received by the duty officer of the military unit. Further, using the “Cord” system, telephone or siren installed in each military unit, the duty units and the commander are notified to the duty unit. Having received a signal, the information is clarified, and then with the help of a voice command: “Company, rise! Alarm, alarm, alarm! ”- duty units notify all personnel of the start of the operation. After that, the command is given: “The collection is announced” - and the military personnel are sent to the units.

Those who live outside the military unit receive the collection command from messengers. It is the duty of the driver-mechanics to come to the park. There, the attendants give out the keys to the boxes with the cars. Drivers are required to prepare all the necessary equipment before the officers arrive.

The loading of army property is carried out by personnel in accordance with the combat crew. Having prepared, under the supervision of seniors, all the necessary equipment for dispatch to the place of deployment, the personnel are waiting for the arrival of officers and ensigns who are responsible for transporting the property of the military unit. Those who are not logged in are sent to the collection point.

Degrees of combat readiness

Depending on the situation, the BG can be:

• Permanent.
• Increased.
• In a state of military danger.
• Complete.

Each degree has its own events in which military personnel take part. Their clear awareness of their duties and ability to quickly complete tasks testifies to the ability of subunits and groups of troops to act in an organized manner in situations that are critical for the country.

What is needed for a BG?

Combat readiness is affected by:

• combat and field training of subunits, officers and staffs;
• organization and maintenance of the army in accordance with the requirements of the combat regulations;
• the staffing of army units and units with the necessary weapons and equipment.

The ideological education of personnel and their awareness of their duties is of great importance for achieving the necessary

Standard BG

Permanent combat readiness is the state of the Armed Forces, in which subunits and units are concentrated in a permanent location and are engaged in daily activities: a strict daily routine is followed, high discipline is maintained. Part is engaged in scheduled maintenance of equipment and training. Conducted classes are coordinated with the schedule. The troops are ready at any moment to move to the highest degree of BG. For this, dedicated units and subunits are on round-the-clock duty. All activities are going according to plan. Special warehouses are provided for the storage of material and technical means (ammunition, fuel and lubricants). Machines have been prepared, which at any moment, if necessary, can carry out their export to the area of ​​\u200b\u200bdeployment of a unit or unit. The combat readiness of this degree (standard) provides for the creation of special reception points for the loading and removal of military personnel and officers to places of mobilization.

Increased BG

Increased combat readiness is such a state of the Armed Forces, in which units and subunits are ready to act in a short period of time to repel a military danger and carry out combat missions.

With increased combat readiness, the following measures are provided:

• cancellation of vacations and layoffs;
• reinforcement of the outfit;
• implementation of round-the-clock duty;
• return to the location of part of the units;
• checking all available weapons and equipment;
• acquisition of ammunition for combat training equipment;
• checking alarms and others;
• preparation of archives for delivery;
• officers and warrant officers are equipped with weapons and ammunition;
• officers are transferred to the barracks position.

After checking the BG of a given degree, the readiness of the unit for probable changes in the regime is determined, the amount of material reserves, weapons and vehicles necessary for the given level for the export of military personnel and officers to the places of mobilization are checked. Increased combat readiness is used mainly for training purposes, since functioning in this mode is expensive for the country.

Third degree of readiness

In the mode of military danger, combat readiness is such a state of the Armed Forces in which all equipment is withdrawn to a reserve area, and army units and subunits raised on alert in a short time come out to perform tasks. The functions of the army in the third degree of combat readiness (the official name of which is “military danger”) are the same. BG begins with the announcement of the alarm.

This degree of combat readiness is characterized by:

• All types of troops are withdrawn to the point of concentration. Each unit or formation is located in two prepared areas at a distance of 30 km from the permanent deployment point. One of the districts is considered secret and is not equipped with engineering communications.
• According to the laws of wartime, there is an additional staffing of personnel with cartridges, grenades, gas masks, anti-chemical packages and individual first-aid kits. All the necessary units of any military branches receive at the points of concentration. In the army of the Russian Federation tank forces after arriving at the place designated by the command, they are refueled and equipped with ammunition. Other types of units also receive everything they need.
• The dismissal of persons whose term of service has expired is cancelled.
• The work on the reception of new conscripts is stopped.

Compared with the two previous levels of combat readiness, this degree is characterized by large financial costs.

Full combat readiness

In the fourth degree of BG, army units and formations of the Armed Forces are in a state of the highest combat readiness. This regime provides for measures aimed at the transition from a peaceful situation to a military one. To fulfill the task set by the military leadership, a complete mobilization of personnel and officers is being carried out.

With full combat readiness, the following are provided:

• Round-the-clock duty.
• Implementation of combat coordination. This event consists in the fact that all units and formations in which personnel reductions were made are staffed again.
• Using an encrypted coded or other classified communication, orders are given to military personnel and officers. Commands may also be given in writing and delivered by courier. If orders are given orally, they must be followed by written confirmation.

Combat readiness depends on the situation. BG can be carried out sequentially or bypassing intermediate degrees. Full readiness can be declared in the event of a direct invasion. After the troops are put on combat readiness of the highest degree, a report is made by the commanders of units and formations to higher authorities.

When else is the fourth level of readiness carried out?

Full combat readiness in the absence of a direct invasion is carried out in order to check one or another district. Also, this degree of BG announced may indicate the beginning of hostilities. Checking full combat readiness is carried out in very rare cases. This is due to the fact that the state spends a lot of money to finance this level. A nationwide declaration of full combat readiness can be carried out with the aim of a global check of all units. In each country, according to the security rules, only a few units can be constantly in the fourth level of the BG: border, anti-missile, anti-aircraft and radio engineering. This is due to the fact that in the current conditions a strike can be delivered at any moment. These troops are constantly focused on the right positions. Like ordinary army units, these units are also engaged in combat training, but in case of danger, they are the first to act. Especially in order to respond to aggression in time, the budget of many countries provides funding for individual army units. The rest in this mode, the state is not able to support.

Conclusion

The effectiveness of checking the readiness of the Armed Forces to repel an attack is possible if secrecy is observed. Traditionally, combat readiness in Russia is under close scrutiny Western countries. According to European and American analysts, conducted by the Russian Federation, always end with the appearance of Russian special forces.

The collapse of the Warsaw Pact and the advancement of NATO forces to the east are considered by Russia as a potential threat, which means they are the reason for the subsequent adequate military activity of the Russian Federation.

The Constitutional Court of the Russian Federation composed of Chairman V.D. Zorkin, judges K.V. Aranovsky, A.I. Boytsova, N.S. Bondar, G.A. Gadzhieva, Yu.M. Danilova, L.M. Zharkova, G.A. Zhilina, S.M. Kazantseva, M.I. Cleanrova, S.D. Knyazev, A.N. Kokotova, L.O. Krasavchikova, S.P. Mavrina, N.V. Melnikova, Yu.D. Rudkina, N.V. Selezneva, O.S. Khokhryakova,

after hearing the conclusion of Judge Oh.C. Khokhryakova, who conducted a preliminary study of the complaint of citizen I.A. Markov, installed:

1. According to Article 11 of the Federal Law of May 27, 1998 No. 76-FZ “On the Status of Military Personnel”, the total duration of the weekly service time of military personnel serving under a contract, with the exception of the cases specified in paragraph 3 of this article, should not exceed the normal duration weekly working hours established by federal laws and other regulatory legal acts of the Russian Federation; the involvement of these military personnel in the performance of military service duties in excess of the established duration of weekly service time in other cases is compensated by rest of the corresponding duration on other days of the week; if it is impossible to provide the specified compensation, the time of performing military service duties in excess of the established duration of weekly service time is summed up and provided to military personnel in the form of additional days of rest, which can be added to the main vacation at the request of these military personnel; the procedure for recording service time and granting additional days of rest is determined by the Regulations on the procedure for performing military service (paragraph 1); combat duty (combat service), exercises, cruises of ships and other events, the list of which is determined by the Minister of Defense of the Russian Federation (the head of another federal executive body in which military service is provided for by federal law), are carried out, if necessary, without limiting the total duration of weekly service time; additional days of rest, compensating military personnel for participation in these events, are not counted towards the main and additional holidays and are provided in the manner and on the conditions determined by the Regulations on the procedure for military service; contracted military personnel participating in events that are held, if necessary, without limiting the total duration of weekly service time, at their request, instead of providing additional days of rest, monetary compensation may be paid in the amount of a monetary allowance for each additional day of rest required; the procedure and conditions for the payment of monetary compensation are established by the head of the federal executive body in which military service is provided for by federal law (clause 3).

At the same time, the same article provides that servicemen who are doing military service in formations and military units of constant readiness, transferred in accordance with the established procedure for recruitment by military personnel undergoing military service under a contract, additional rest in accordance with paragraphs 1 and 3 of this article is not provided (paragraph 3.1). The constitutionality of this legal provision is disputed in the complaint of citizen I.A. Markov, who served under a contract with the rank of senior warrant officer in military unit 6832, which, as follows from the materials submitted, since January 1, 2007, belongs to military units of constant readiness, transferred to the recruitment of military posts by military personnel undergoing military service under a contract.

In 2003-2012 I.A. Markov, being on business trips in the Chechen Republic, the Republic of Ingushetia and the Republic of Dagestan, took part in hostilities (the total period of his participation in hostilities was 445 days). On October 14, 2013, he was early dismissed from military service on the grounds provided for by subparagraph "b" of paragraph 3 of Article 51 of the Federal Law of March 28, 1998 No. 53-FZ "On military duty and military service" (for health reasons - due to with the recognition by the military medical commission of limited fit for military service), and from November 1, 2013, he was excluded from the lists of personnel of the military unit.

Believing that upon dismissal, the settlement with him was not made in full - monetary compensation was not paid in exchange for providing additional days of rest for the period of being on business trips and participating in hostilities, I.A. Markov applied to the commander of military unit 6832 with a statement on the calculation and payment of this compensation, but his application was denied.

The Arkhangelsk Garrison Military Court by a decision of January 21, 2014, left unchanged by the appeal ruling of the Northern Naval Military Court of March 19, 2014, refused I.A. Markov in satisfying the application to challenge the actions of the commander of the military unit related to the issuance of an order to exclude him from the lists of personnel of the military unit without providing monetary allowance in full and with the refusal to pay the said compensation. By the decision of the judge of the Northern Naval Military Court dated May 21, 2014, I.A. Markov was denied the transfer of his cassation appeal for consideration in a session of the court of cassation.

The court rulings, in particular, stated that in accordance with paragraph 3.1 of Article 11 of the Federal Law “On the Status of Military Personnel” and Article 221 of the Charter of the Internal Service of the Armed Forces of the Russian Federation (approved by Decree of the President of the Russian Federation of November 10, 2007 No. 1495), a military person, serving in formations and military units of constant readiness, transferred in the prescribed manner to recruitment by military personnel serving under a contract, additional rest if they are involved in the performance of military service duties on working days in excess of the established duration of weekly service time, as well as participation in events held without limiting the total duration of weekly service time are not provided; since military unit 6832 was classified as a permanent readiness unit on January 1, 2007, there are no grounds for granting I.A. Markov additional days of rest, and therefore, the possibility of paying monetary compensation for these days is also excluded; in addition, I.A. Markov, having applied to the court on January 9, 2014, missed both the general limitation period provided for by Article 196 of the Civil Code of the Russian Federation in respect of a claim for payment of compensation for the period from 2003 to January 9, 2011, and the period for appeal established by Article 256 of the Code of Civil Procedure of the Russian Federation to the court with a statement challenging the actions of an official; he did not provide any evidence of valid reasons for missing this deadline.

According to the applicant, paragraph 3.1 of Article 11 of the Federal Law "On the Status of Military Personnel" allows for inequality of military personnel, since it puts those of them who do military service in formations and military units of constant readiness in a worse position compared to other categories of military personnel in matters of exercising the right for additional rest or receiving monetary compensation instead of granting additional days of rest when called to perform military service duties in excess of the established duration of weekly service time, and thus contradicts Articles 2, 7, 19 (parts 1 and 2), 45 (part 1), 55 , 59 (parts 1 and 2) and 71 (paragraphs "c" and "m") of the Constitution of the Russian Federation.

2. The Constitutional Court of the Russian Federation in its decisions, in particular in the decisions of December 26, 2002 No. 17-P, of May 17, 2011 No. 8-P and of March 21, 2013 No. 6-P, noted that military service, concluding a contract on the passage of which, a citizen exercises the constitutional right to freely dispose of his abilities for work and to choose the type of activity, is a special type of public service directly related to ensuring the defense of the country and the security of the state and, therefore, carried out in the public interest, and persons who perform military service perform constitutionally significant functions.

The special nature of military service separate species federal civil service is due to its specific purpose - to protect the state sovereignty and territorial integrity of the Russian Federation, ensure the security of the state, repel an armed attack and perform tasks in accordance with the international obligations of the Russian Federation, which, according to the first part of Article 26 of the Federal Law of May 27, 1998 No. 76-FZ "On the status of military personnel", is the essence of military duty, which predetermines the content of the general, official and special duties of military personnel.

Accordingly, the goals of maintaining the combat capability of military units on high level, the fulfillment of tasks to ensure the defense of the country and the security of the state, the possibility of introducing special rules of service that are different from those provided for other categories of civil servants, including in terms of exercising the right to rest by military personnel, is also predetermined.

At the same time, in accordance with Articles 59 (part 2) and 71 (paragraphs "m" and "t") of the Constitution of the Russian Federation, the legal regulation of relations related to military service, the federal legislator is obliged to ensure a balance between constitutionally protected values, public and private interests, while observing the principles of justice, equality and proportionality arising from the Constitution of the Russian Federation, and the norms introduced by it must meet the criteria of certainty, clarity, unambiguity and consistency with the system of current legal regulation.

2.1. The right of everyone to rest, enshrined in the Constitution of the Russian Federation (Article 37, part 5), which includes the right to leisure and reasonable limitation of the working day provided for in Article 24 of the Universal Declaration of Human Rights, is designed to guarantee the restoration of the human body after the stress associated with work (service ), which not only ensures the further effective performance of the labor (service) duties assigned to the person, but also the preservation of the physical and mental health of the person, the intellectual and moral development of the individual. The right to rest also creates prerequisites for the realization of other human rights and freedoms, in particular the right to health protection, the right to education, the right to participate in the activities of public associations, rights in the field of physical culture and sports, etc.

Being aimed at providing every citizen with the opportunity to restore the ability to productive labor or other socially useful activities through which the right to work is realized, the constitutional right to rest has a universal character, and features of military service, although they allow the establishment of special rules (mechanisms) for the implementation of this rights, however, do not imply its excessive and uncompensated limitation.

2.2. Formations and military units of constant readiness are staffed by servicemen who have entered into a contract for military service and thereby voluntarily began to carry out the corresponding professional activity. The service duties of military personnel of constant readiness formations and units are aimed at achieving special results in combat training, which allows them to immediately begin to fulfill the tasks assigned to them at any time.

Thus, in itself, the consolidation of increased requirements for this category of military personnel, due, among other things, to the intensity of combat training activities and entailing certain features of the exercise of the right to rest, as well as the establishment of special rules and forms of compensation for them when performing military service duties outside the established duration of weekly working hours, i.e. when engaging in military service duties in excess of the established duration of weekly service time, as well as participating in events that are held, if necessary, without limiting the total duration of weekly service time, which differ from the rules and forms of compensation that are provided for other categories of military personnel, does not mean a violation their rights and cannot be regarded as a limitation of their rights inconsistent with the requirements of the Constitution of the Russian Federation.

Determining the forms of compensation for military personnel of increased loads, if they need to perform their duties of military service outside the established duration of weekly service time, is the prerogative of the legislator and the executive authorities authorized by him, which can provide appropriate monetary payments for military units performing special tasks as compensation (for example, an increase in salary, a special allowance or additional payment as part of a monetary allowance, etc.) or other grants in exchange for additional days of rest, however, due to the universal nature of the constitutional right to rest, they are not entitled to, regulating the service time and rest time of military personnel undergoing military service under a contract, introduce rules that would provide for the performance of military service duties beyond the established duration of weekly duty hours without any compensation.

The presence of state authorities exercising powers in the sphere of military service, the obligation in one form or another to compensate military personnel for the performance of military service duties outside the established duration of weekly service time, has previously been noted by the Constitutional Court of the Russian Federation in its decisions. So, in relation to the legal situation related to ensuring the right of a serviceman to compensation for the performance of military service duties in excess of the established duration of weekly service time during a business trip, the Constitutional Court of the Russian Federation indicated that the exclusion from the List of events that are carried out if necessary without limiting the total duration weekly duty time of military personnel (approved by order of the Minister of Defense of the Russian Federation dated November 10, 1998 No. 492), clause 8, which provided for being on official business trips among the indicated activities, does not in itself mean that the involvement of military personnel undergoing military service under a contract to performance of military service duties in excess of the established duration of weekly service time may be carried out without appropriate compensation (Determination of June 24, 2014 No. 1366-O).

3. In order to create necessary conditions in order to exercise the right to rest by persons undergoing military service under a contract, the federal legislator in Article 11 of the Federal Law "On the Status of Military Personnel" provided for a number of guarantee provisions that fix the total duration of weekly service time and determine the mechanism for granting them additional days of rest, as in the case of attracting to the performance of military service duties in excess of the established duration of weekly duty time, and with their participation in combat duty (combat service), exercises, ship cruises and other events held, if necessary, without limiting the total duration of weekly duty time, establishing in case of participation in such events, also the possibility of paying, at the request of a serviceman, instead of providing additional days of rest, monetary compensation in the amount of a monetary allowance for each additional day of rest required (paragraphs 1 and 3).

As an exception to the above rules, military personnel serving in formations and military units of constant readiness, transferred in the prescribed manner to recruitment by military personnel undergoing military service under a contract, in accordance with paragraph 3.1 of this article, additional rest in accordance with paragraphs 1 and 3 of this article is not provided . At the same time, by virtue of the first paragraph of clause 4 of the same article, the military personnel of these formations and military units are provided with at least one day of rest every week; in accordance with paragraph two of this paragraph, rest days are provided to military personnel on weekends and holidays, and when they are involved in military service duties on these days, rest is provided on other days of the week.

3.1. Paragraph 3.1 of Article 11 of the Federal Law “On the Status of Military Personnel” disputed by the Applicant was introduced by Federal Law No. 29-FZ of 26 April 2004 “On Amendments to Certain Legislative Acts of the Russian Federation”, aimed units of constant readiness by military personnel undergoing military service under a contract, and to improve the combat readiness of these formations and military units, and in fact - to implement the provisions of the Federal Target Program "Transition to recruiting military personnel serving under a contract, a number of formations and military units" on 2004-2007, approved by the Decree of the Government of the Russian Federation of August 25, 2003 No. 523.

In order to compensate for the specified category of military personnel, additional restrictions and burdens due to the nature of military service in formations and military units of constant readiness, including those related to participation in events held without limiting the total duration of weekly service time, the same Federal Law, paragraph 4 of Article 13 Federal Law "On the Status of Servicemen" was supplemented by a provision according to which such servicemen were additionally paid a differentiated allowance for special conditions of combat training in the amount established by the Minister of Defense of the Russian Federation (the head of another federal executive body in which military service is provided for by federal law), in in the manner determined by the Government of the Russian Federation.

Thus, for this category of military personnel, special shape compensation in connection with the performance of their duties of military service outside the established duration of weekly service time, which differs from the compensation provided in accordance with paragraph 1 of Article 11 of the Federal Law "On the Status of Military Personnel" to a military serviceman who is serving under a contract when called to perform duties military service in excess of the established duration of weekly service time, and from the compensation provided for in paragraph 3 of this article for participation in events held if necessary without limiting the total duration of weekly service time.

The choice of this form of compensation, due to the peculiarities of military service in formations and military units of constant readiness and related to the discretion of the federal government bodies that carry out the legal regulation of military service, cannot be considered as arbitrary and contrary to the constitutional principle of equality.

3.2. Federal Law No. 122-FZ of August 22, 2004 “On Amending the Legislative Acts of the Russian Federation and Recognizing Some Legislative Acts of the Russian Federation as Invalid in Connection with the Adoption of Federal Laws “On Amendments and Additions to the Federal Law “On general principles organizations of legislative (representative) and executive bodies of state power of the constituent entities of the Russian Federation” and “On the general principles of organization local government in the Russian Federation”, namely paragraph 6 of its Article 100, paragraph 4 of Article 13 of the Federal Law “On the Status of Servicemen” was reworded and no longer contained a mention of a special compensatory mechanism for military personnel of permanent readiness military units.

At the same time, paragraph 3 of Decree of the Government of the Russian Federation of December 26, 2005 No. 808 “On the procedure and amount of payment of monetary compensation instead of the annual provision of sanatorium treatment and organized recreation and instead of granting the right to free travel to the place of use of the main vacation and back, as well as the payment of allowances for special conditions of combat training to military personnel serving under a contract in formations and military units of permanent readiness "provided for the payment of a differentiated allowance for special conditions of combat training, the specific amount of which was established by the Minister of Defense of the Russian Federation (the head of another federal executive body, in which the law provides for military service) depending on the complexity, volume and importance of the tasks performed.

Order of the Ministry of Internal Affairs of the Russian Federation of February 2, 2004 No. 56 "On the establishment of a monthly allowance for special conditions of combat training certain categories servicemen of the internal troops of the Ministry of Internal Affairs of Russia” determined the amount of the monthly allowance for special conditions of combat training for servicemen of the internal troops of the Ministry of Internal Affairs of Russia (which included the applicant). This order, as follows from its content, was issued in pursuance of Article 13 of the Federal Law “On the Status of Military Personnel” and Decree of the Government of the Russian Federation of August 25, 2003 No. , a number of formations and military units "for 2004-2007", which confirms the identity of the allowance established by him with the differentiated allowance for special conditions of combat training.

Thus, the legal regulation that was in force in the period 2004-2011 provided for compensation for military personnel serving under a contract in formations and military units of constant readiness, when performing military service duties outside the established duration of weekly service time, by establishing and paying them a differentiated allowance for special conditions for combat training. This allowance, as indicated in the response to the request of the Constitutional Court of the Russian Federation, received from military unit 6832, was paid monthly to I.A. Markov in the period from January 1, 2007 to December 31, 2011 in the amount of 3,300 rubles.

3.3. In connection with the comprehensive reform of the monetary allowance of military personnel carried out in 2011-2012 and the entry into force on January 1, 2012 of the Federal Law of November 7, 2011 No. systems of monetary allowance with an ordered set of additional payments, coefficients and allowances for the monetary allowance of military personnel, by-laws that established allowances for special conditions of combat training, have become invalid. Meanwhile, the approach of the legislator, in which the specifics of military service under the contract, including the special conditions of service in formations and military units of constant readiness (related, among other things, to the need to perform military service duties outside the established duration of weekly service time), are subject to account when determining the size of their monetary allowance, has not changed.

So, in accordance with Part 2 of Article 2 of the Federal Law “On the Monetary Allowance of Military Personnel and the Provision of Separate Payments to Them”, the monetary allowance of a serviceman undergoing military service under a contract consists of a monthly salary in accordance with the assigned military rank (salary according to military rank), a monthly salary in accordance with the military position held (salary for a military position), which constitute the monthly salary of a serviceman (monetary salary), and from monthly and other additional payments (additional payments), and in accordance with part 34 of the same article, in addition to the payments provided for by it The President of the Russian Federation and (or) the Government of the Russian Federation may establish other payments depending on the complexity, volume and importance of the tasks performed by military personnel.

As one of the additional payments to military personnel, part 18 of Article 2 of the said Federal Law provides for a monthly allowance for special conditions of military service, which is set at up to 100 percent of the salary for a military post and the rules for paying which to military personnel undergoing military service under a contract are approved by a decree of the Government of the Russian Federation. Federation of December 21, 2011 No. 1073. The specified monthly allowance is provided, in particular, to military personnel serving in formations (military units, subdivisions) of special (special) purpose, in reconnaissance formations (military units, subdivisions) according to the list approved by the state body , etc. The materials additionally received by the Constitutional Court of the Russian Federation indicate that I.A. also received such an allowance. Markov - in the amount of 100 percent of the salary for a military position (17,500 rubles), and in general, his monetary allowance as a result of the reform of the system of monetary allowances for military personnel increased almost 2.5 times.

In addition, as can be seen from the complaint and the court decisions attached to it, the right to receive monetary compensation in return for I.A. Markov associates with participation in hostilities during business trips to the territory North Caucasus region Russian Federation. Meanwhile, for the participation of a serviceman in combat operations, the legislation on military service provides for special compensation payments in an increased amount on the basis of special regulations. Thus, certain categories of military personnel, including military personnel of the internal troops of the Ministry of Internal Affairs of Russia, who are serving under a contract and seconded to the territory of the North Caucasus region of Russia, by Decree of the Government of the Russian Federation of December 29, 2011 No. 1174 “On additional payments to certain categories of military personnel and employees Federal Executive Bodies" (as it was enshrined in the earlier Decree of the Government of the Russian Federation dated February 9, 2004 No. 65 "On Additional Guarantees and Compensations to Military Personnel and Employees of Federal Executive Bodies Participating in Counter-Terrorist Operations and Ensuring Law and Order and Public Safety in the Territory North Caucasian region of the Russian Federation"), additional payments are provided for the monetary maintenance. In accordance with the certificates of the Ministry of Internal Affairs of the Russian Federation and military unit 6832 on the composition of the allowance of I.A. Markov in 2012, for the performance of tasks as part of the Joint Group of Forces on the territory of the North Caucasus region of Russia, for each month of his stay on a business trip, he was paid an additional allowance in an amount comparable to his monthly allowance.

Therefore, there is no reason to believe that with the abolition of the differentiated allowance for special conditions of combat training, the applicant's situation worsened and that the specifics of military service in a permanent readiness military unit remained unaccounted for in the new system of monetary allowances for servicemen.

4. Thus, paragraph 3.1 of Article 11 of the Federal Law “On the Status of Servicemen” cannot in itself be considered as violating the constitutional rights of the applicant, since, both in the system of provisions of normative legal acts that have become invalid and in the system of current legal regulation, when determining the size of the monetary allowance of military personnel, it involves taking into account the special conditions of service in formations and military units of constant readiness, related, among other things, to the need to perform military service duties outside the established duration of weekly service time.

The resolution of the question of the extent to which the allowance for special conditions of service and other payments established by the current regulatory legal acts, provided to military personnel serving in formations and military units of permanent readiness, compensate for the abolition of the differentiated allowance for special conditions of combat training, as related to the verification the validity of the amounts of these payments provided for by these regulatory legal acts, is not within the competence of the Constitutional Court of the Russian Federation.

Based on the foregoing and guided by Article 36, paragraph 2 of Article 43 and part one of Article 79 of the Federal Constitutional Law "On the Constitutional Court of the Russian Federation", the Constitutional Court of the Russian Federation determined:

1. Recognize the complaint of citizen Markov Ivan Aleksandrovich as not subject to further consideration in a session of the Constitutional Court of the Russian Federation, since the resolution of the issue raised by the applicant does not require the issuance of the final decision provided for by Article 71 of the Federal Constitutional Law "On the Constitutional Court of the Russian Federation" in the form of a resolution.

2. The ruling of the Constitutional Court of the Russian Federation on this complaint is final and not subject to appeal.

Document overview

According to the Law on the Status of Military Personnel, contract soldiers may be called upon to perform military service duties in excess of the established weekly duty hours. This is compensated by rest of an appropriate duration on other days of the week. In case of impossibility of such compensation, additional days of rest are provided. Additional days of rest are also compensated for participation in events that are held if necessary without limiting the total duration of the weekly service time. Instead, compensation may be paid. However, the specified additional rest is not provided to those who serve in formations and military units of constant readiness, transferred to recruitment by contract soldiers.

The constitutionality of these provisions was challenged by a citizen who served in one of these military units and who was denied compensation in exchange for additional days of rest. In his opinion, the above norms allow for the inequality of servicemen.

The Constitutional Court of the Russian Federation did not accept the complaint for consideration, while explaining the following.

For contract soldiers who serve in formations and military units of constant readiness, increased requirements have been established, entailing certain features of the exercise of the right to rest. This is due, among other things, to the intensity of combat training activities.

The legal regulation that was in force in 2004-2011 provided for a differentiated allowance for such military personnel for special conditions of combat training. The applicant received it monthly.

In 2011-2012 a comprehensive reform of the monetary allowance of military personnel was carried out. But even now, when determining the amount of monetary allowance, special conditions of service in formations and military units of constant readiness are taken into account, including the need to perform military service duties outside the established duration of weekly service time.

So, for contract soldiers, a monthly allowance is provided for special conditions of military service (up to 100% of the salary for a military position). The applicant also received this allowance. At the same time, as a whole, as a result of the reform, his monetary allowance increased by almost 2.5 times.

Consequently, there are no grounds to believe that with the abolition of the differentiated allowance for special conditions of combat training, the applicant's situation worsened. And that the features of service in a military unit of constant readiness remained unaccounted for in the new system of monetary allowances for military personnel.

AND COMBAT READINESS OF THE MILITARY UNIT
HE. COASTAL
Beregovoy O.N., lieutenant colonel of justice, assistant commander of military unit 3025 for legal work - head of the legal service.
In this article, the author would like to dwell on such points as:
1. Actions of commanders (chiefs) in the event of the exclusion of military personnel who have the right to provide a significant number of additional days of rest from the lists of personnel of the unit.
2. Peculiarities of providing rest to servicemen who are doing military service under a contract in military units of constant readiness.
When conducting military operations and counter-terrorist operations on the territory of the Chechen Republic, the military personnel involved in their conduct arose the right to provide a significant number of additional days of rest. Upon dismissal from military service, these servicemen on the basis of paragraph 16 of Art. 34 Regulations on the procedure for military service on the day of exclusion from the lists of personnel of the unit must be fully provided with the established monetary allowance, food and clothing provision. Before carrying out all the necessary calculations with the servicemen, they are not excluded from the lists of personnel of the military unit without their consent, i.e. before being excluded from the lists of personnel of the unit, they need to provide all the "accumulated" additional days of rest. At the same time, a serviceman, while holding his position, will not actually perform his official duties, and since the participation in the counter-terrorist operation is mainly taken by company-level servicemen, the absence, for example, of a company commander, will greatly affect the combat readiness of the company, and hence the military unit .
According to the author, the way out of this situation can be:
firstly, drawing up a schedule for providing additional days of rest to the specified military personnel during the period of military service, taking into account the combat readiness of the military unit;
secondly, an indication in the order of enrolling the specified serviceman at the disposal of the commander of the military unit on the basis of paragraph 1 of Art. 14 and sub. "and" paragraph 2 of Art. 13 of the Regulations on the procedure for passing military service due to the impossibility of timely exclusion of a serviceman dismissed from military service from the lists of personnel of a military unit - before his exclusion. This will allow the officer appointed to the position of the specified serviceman, placed at the disposal, to take over the affairs and position and actually begin to perform official duties.
However, at the same time, it is necessary that the issue of social protection of the serviceman being placed at the disposal be resolved, since his monetary allowance will be reduced (and when serving in military units of constant readiness, the decrease will be significant). This issue has not yet been resolved, therefore, dismissed military personnel who have a significant number of unused additional days of rest do not write reports on the surrender of cases and positions and withdrawal, which affects the combat readiness of the military unit.
In accordance with the instructions of the President of the Russian Federation of November 16, 2001 N K-1556, the Government of the Russian Federation of November 20, 2001 N MK-P4-6726S, the decision of the Government of the Russian Federation "On the progress of ensuring the implementation of the military reform" of November 21, 2002 g. N 43, in pursuance of the Decree of the Government of the Russian Federation "On the federal target program" Transition to the recruitment of military personnel serving under the contract, a number of formations and military units for 2004 - 2007 "of August 25, 2003 N 523 a number of military units from January 1, 2004, they switched to a new form of acquisition.
In order to develop the legal regulation of the right to rest for military personnel serving in formations and military units of constant readiness, transferred in the prescribed manner to the recruitment of military personnel undergoing military service under a contract (hereinafter referred to as formations and military units of constant readiness), the Federal Law "On amendments to certain legislative acts of the Russian Federation" dated April 26, 2004 N 29-FZ, which introduced, in particular, amendments and additions to the Federal Law "On the status of military personnel" dated May 27, 1998 N 76-FZ.
In accordance with the changes made, military personnel serving in formations and military units of constant readiness, transferred in the prescribed manner to recruitment by military personnel undergoing military service under a contract, additional rest in accordance with paragraphs 1 and 3 of Art. 11 of the Federal Law "On the Status of Servicemen" is not provided.
Analyzing Art. 11 of the Federal Law "On the status of military personnel", it is possible to determine the provisions on the basis of which military personnel serving in formations and military units of constant readiness will be provided with days of rest:
1) the total duration of the weekly service time of military personnel serving under a contract in formations and military units of permanent readiness, with the exception of cases when they are involved in activities carried out without limiting official working time, must not exceed the normal duration of weekly working time established by federal laws and other regulatory legal acts of the Russian Federation;
2) the involvement of military personnel undergoing military service under a contract in formations and military units of constant readiness to perform military service duties in excess of the established duration of weekly service time is not compensated by rest of the appropriate duration on other days of the week, and they are not provided with additional days of rest, attached at will a soldier for the main vacation;
3) military personnel undergoing military service under a contract in permanent readiness formations and military units perform duties when on combat duty (combat service), participating in exercises, ship cruises and other events held without limiting the total duration of weekly service time, without providing rest compensating military personnel for participation in these events;
4) military personnel serving under a contract in formations and military units of constant readiness are provided with at least one day of rest every week, but at least 6 days of rest per month, i.e. for them, in fact, a six-day working week is established;
5) days of rest are provided to military personnel on weekends and holidays, and if they are involved in these days to perform military service duties, rest is provided on other days of the week.
As one of the options for solving the dilemma of ensuring the constant combat readiness of a military unit and respecting the right of military personnel to rest, it is possible to propose drawing up a schedule for providing military personnel with days of rest throughout the week, while at least 70 - 80% of the personnel of the military unit will perform duties daily.
When drawing up the schedule, one should take into account the presence of military personnel in daily duty, on combat duty, on vacation, business trips, and for treatment.
If, however, a smaller number of days of the week is used to provide days of rest, then the number of personnel performing official and special duties will decrease sharply (when providing days of rest on Saturday and Sunday - about 30%). This will entail a decrease in the degree of combat readiness of the military unit, which is by no means permissible.
Based on the real participation of military personnel serving under contract in permanent readiness formations and military units in counter-terrorist operations and other activities carried out without limitation of service time, which often have a significant temporary extension, their right to rest will be significantly limited. Therefore, in our opinion, purposeful activity of the commanders of these formations and military units is necessary to observe the rights of military personnel established by law to rest, since the established differentiated monthly allowance for special conditions of combat training cannot fully compensate for the rest of military personnel.
LINKS TO LEGAL ACTS

FEDERAL LAW dated April 26, 2004 N 29-FZ
"ON INTRODUCING AMENDMENTS TO CERTAIN LEGISLATIVE ACTS OF THE RUSSIAN FEDERATION"
(adopted by the State Duma of the Federal Assembly of the Russian Federation on March 26, 2004)
FEDERAL LAW dated May 27, 1998 N 76-FZ
"ON THE STATUS OF MILITARY SERVICE"
(adopted by the State Duma of the Federal Assembly of the Russian Federation on March 6, 1998)
ORDER of the President of the Russian Federation dated November 16, 2001 N K-1556
Decree of the President of the Russian Federation of September 16, 1999 N 1237
"ISSUES OF MILITARY SERVICE"
(together with the "REGULATION ON THE PROCEDURE FOR MILITARY SERVICE")
DECISION of the Government of the Russian Federation of August 25, 2003 N 523
"ABOUT THE FEDERAL TARGET PROGRAM "TRANSITION TO MANNING WITH MILITARY SERVICE SERVICE UNDER A CONTRACT, A NUMBER OF FORMATIONS AND MILITARY UNITS" FOR 2004-2007"
DECISION of the Government of the Russian Federation of November 21, 2002 N 43
"ON THE PROGRESS OF ENSURING THE IMPLEMENTATION OF THE MILITARY REFORM"
ORDER of the Government of the Russian Federation dated November 20, 2001 N MK-P4-6726S
Law in the Armed Forces, N 11, 2004

The concept of combat and mobilization readiness.

combat readiness- this is such a state of the Armed Forces in which they are able at any time and in the most difficult conditions of the situation to repel and frustrate enemy aggression, no matter where it comes from and no matter what means and methods are used for this, including nuclear weapons.

combat readiness- this is the ability of subunits and units to be put on alert in the shortest possible time, at any time of the day, at any climatic conditions and circumstances and under the threat of the use of weapons of mass destruction by the enemy.

Bringing a military unit to the highest degree of combat readiness is carried out by those commanders (chiefs) who have been granted this right by the Minister of Defense of the Republic of Kazakhstan.

Measures when bringing to the highest degree of combat readiness are divided into: combat educational.

Bringing a military unit to the highest degree of combat readiness is carried out in order to prepare it for the performance of a combat mission. At the same time, all the personnel of the military unit with their assigned weapons, military equipment and other materiel are brought to the area of ​​concentration.

The procedure for bringing a military unit to the highest degree of combat readiness is determined by a plan developed by the headquarters under the direct supervision of the commander of the military unit and approved by the senior commander (chief).

It should provide for:

Who has the right to bring a part v the highest levels of combat readiness, the procedure for notifying units, as well as notifying and gathering officers and military personnel of the Armed Forces;

Actions of the officer on duty at the military unit and other persons of the daily duty;

The assembly area of ​​the military unit, assembly points of units and the procedure for withdrawing personnel and military equipment to them;

Organization of a commandant's service at the exit to the assembly area or to the concentration area.

The combat readiness check is carried out in order to check the training of subunits, the ability of the command and control bodies of the unit to ensure the implementation of measures when the unit is brought to the highest degree of readiness or the unit (subunit) leaves for exercises, in case of a natural disaster, to extinguish a fire and solve other tasks. Wherein military unit(subdivision) acts according to the developed plan with the established restrictions.

All military personnel must know the procedure for the actions of a military unit (subunit) when bringing to the highest degree of combat readiness, insofar as it concerns them.

In all cases, when declaring the highest levels of combat readiness, personnel must act quickly and in an organized manner, observing camouflage.

Basic requirements for combat readiness:

Constant readiness of subunits and units to perform combat missions on time;

Maintaining high military discipline in the unit and subdivision;

High moral and psychological state of the personnel;

High field training of personnel;

Serviceability of weapons, military equipment, their constant readiness for combat use.

Combat readiness is achieved:

1. Organization and maintenance of troop service in strict accordance with the requirements of combat regulations.

2. Careful planning of combat and mobilization readiness and timely introduction of the necessary changes and clarifications into the plan.

3. High combat and field training of the personnel of subunits, officers and staffs.

4. Staffing of formations, units and subunits with weapons, military and automotive equipment and supplies material resources, their proper maintenance, operation and storage.

5. Purposeful work on the ideological education of military personnel and instilling high moral qualities in all personnel. Carrying out systematic training in action of subunits and units according to the established levels of combat readiness and their management, extremely clear knowledge of duties by all personnel.

There are four levels of combat readiness in the Armed Forces of the Republic of Kazakhstan:

combat readiness - "CONSTANT" ;

combat readiness - « INCREASED» ;

Combat readiness - "WAR DANGER" ;

combat readiness - "FULL".

Combat readiness "PERMANENT"- this is such a state of the Armed Forces, subunits and units, in which the troops are at the point of permanent deployment, are engaged in daily activities, are kept according to the states and peacetime tables and are able to move to the highest degree of combat readiness in a timely manner.

Dedicated units and subunits are on combat duty and carry out tasks according to plans.

6. In the units and headquarters, round-the-clock duty is carried out, formations and units of all branches of the armed forces are on combat duty with dedicated forces.

7. Military equipment, weapons, are kept in constant combat readiness in accordance with the norms and procedures established by the order, directives of the Ministry of Defense of the Republic of Kazakhstan.

8. Material and technical means are stored in warehouses or on vehicles in readiness for issuance and export to areas of concentration in formations and units of a reduced composition.

9. Ammunition, fuels and lubricants and other material and technical means are stored in warehouses in accordance with the established procedure.

10. The equipment of the reception points for personnel and equipment is kept ready for loading and removal to the mobilization area.

Combat readiness "INCREASED"- this is an intermediate state between constant combat readiness and the state of military danger, introduced to carry out a number of measures aimed at reducing the time for bringing formations and units to the highest degree of combat readiness to perform their tasks.

With this degree of combat readiness:

At the headquarters of all levels and military registration and enlistment offices, a round-the-clock duty of generals and officers from among the leadership is established.

Security and defense are being established in the garrison of important facilities, headquarters and command posts, additional posts are being set up, and patrols are being organized.

Formations, units and subunits located at the training grounds and in the areas of the exercise are returning to their garrisons.

By additional order, personnel are called from vacations and business trips.

Armament and Combat vehicles brought into combat.

The registered staff, passing the training camp, automotive equipment supplied from the national economy, are detained in the troops until further notice.

The dismissal of persons who have served their terms of service is suspended.

Troop stocks of material and technical means are loaded into combat vehicles and vehicles.

Excess inventory (over movable) logistical funds, barracks, educational equipment and property are being prepared for transfer.

The time for bringing headquarters, formations and institutions to combat readiness "increased" is set no more than 4 hours.

Combat readiness "WAR DANGER"- this is a state in which formations, units and subunits withdrawn to concentration areas are quickly brought to the performance of tasks in accordance with their intended purpose. Bringing units and formations to combat readiness "Military danger" is carried out on combat alert.

Formations and units of constant readiness and command and control units of communications, security and service units are understaffed according to wartime states and are made ready to perform combat missions, and the reduced staff, personnel and newly formed ones are taken from the reserve by the organizational core and are preparing for mobilization.

With this degree of combat readiness:

1. Formations, units of all branches of the armed forces go to the area of ​​​​concentration on alert (for each formation, unit, institution, 2 areas are prepared, remote no closer than 25-30 km from the point of permanent deployment, one of which is secret (not equipped in engineering terms) .

2. The end time of the exit from military camps from the moment of declaring combat readiness should not exceed:

Out of combat readiness "Constant"

Out of combat readiness "Increased"

3. The time for bringing formations, units in concentration areas into readiness for implementation is set:

a) without understaffing to wartime states:

Out of combat readiness "Constant"

Out of combat readiness "Increased"

b) with understaffing to wartime states - no more than 12 hours.

4. The time of receipt, organized core and deployment of the personnel reception point (PPLS) and the equipment reception point (PPT) should not exceed 8 hours.

5. All types of weapons and military equipment are brought into readiness for combat use.

6. Personnel are issued with cartridges, grenades, steel helmets, gas masks, dosimeters, anti-chemical packages and individual first aid kits.

7. The dismissal of persons who have served the established terms of active service and the next call for young replenishment is suspended.

combat readiness "FULL" - this is the state of the highest readiness of formations and units withdrawn to designated areas that have completed the entire range of measures to transfer from a peaceful to a military position, including full mobilization and direct preparation for combat operations, ensuring an organized entry into battle and the successful completion of the task received.

With this degree of combat readiness:

1. At command posts, full shifts of combat crews are on duty around the clock.

2. Formations and units of reduced strength, personnel and newly formed units are staffed according to wartime states, combat coordination is carried out and are brought to full combat readiness.

3. Formations and units are being prepared for the performance of tasks for their operational mission.

4. Time to bring connections and parts of constant readiness

"Full"- install:

a) without staffing to wartime states.

Out of combat readiness "Constant"

Out of combat readiness "Increased"

b) with understaffing to wartime states from combat readiness

"Constant"- no more than 12 hours

5. Terms of deployment to wartime states and bringing to combat readiness "Full"- formations, units and institutions of reduced composition, personnel and newly formed ones are determined by mobilization plans.

combat readiness "Increased", "Military danger", "Full" in the Armed Forces, it is introduced by the Ministry of Defense or on its behalf by the Chairman of the Chiefs of Staff Committee.

Bringing troops to various levels of combat readiness, depending on the situation, can be carried out sequentially or immediately to the highest, bypassing the intermediate ones. On alert "War Danger", "Full" troops are brought in on alert.

In case of a sudden attack on the territory of the Republic of Kazakhstan, the right to put subordinate troops on alert "Full" is submitted to the Minister of Defense of the Republic of Kazakhstan, the commanders of formations, formations and units, in the areas of deployment and in the zone of responsibility of which the attack was carried out, with an immediate report to the authority.