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Parts of the permanent combat readiness payment. What are the levels of combat readiness of the Russian Armed Forces?

Constitutional Court Russian Federation as part of the 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. Cleandrova, S.D. Knyazeva, 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 O.S. Khokhryakova, who, on the basis of Article 41 of the Federal Constitutional Law “On the Constitutional Court of the Russian Federation,” 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 undergoing military service under the contract, except for the cases specified in paragraph 3 of this article, should not exceed the normal duration of weekly working hours established by federal laws and other regulations legal acts Russian Federation; the involvement of these military personnel in the performance of military service duties beyond 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 said compensation the time spent 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 leave at the request of these military personnel; the procedure for recording service time and providing additional days of rest is determined by the Regulations on the procedure for military service (clause 1); combat duty (combat service), exercises, ship voyages 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 activities, are not counted towards the main and additional leave and are provided in the manner and under the conditions determined by the Regulations on the procedure for military service; military personnel undergoing military service under a contract, participating in events that are carried out if necessary without limiting the total duration of weekly service time, at their request, instead of providing an additional day of rest, monetary compensation in the amount of salary for each additional day of rest provided may be paid; 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 military personnel undergoing military service in formations and military units of permanent readiness, transferred in the prescribed manner to be recruited by military personnel undergoing military service under a contract, are not provided with additional rest in accordance with paragraphs 1 and 3 of this article (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 presented materials, since January 1, 2007 belongs to military units of permanent readiness, transferred to filling military positions with military personnel serving under contract.

In 2003-2012 I.A. Markov, while 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 in 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 recognition by the military medical commission as limitedly fit for military service), and from November 1, 2013, excluded from the lists of personnel of the military unit.

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

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

The court decisions, in particular, indicated 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 internal service Armed Forces of the Russian Federation (approved by Decree of the President of the Russian Federation of November 10, 2007 No. 1495) military personnel serving in formations and military units of permanent readiness, transferred in the prescribed manner to be recruited by military personnel serving under contract, additional rest in case of recruitment they are not allowed to perform military service duties on weekdays in excess of the established duration of weekly service time, as well as participate in events held without limiting the total duration of weekly service time; since military unit 6832 has been classified as permanent readiness units since January 1, 2007, there are no grounds for providing I.A. Markov additional days of rest, and therefore the possibility of paying monetary compensation for these days is excluded; in addition, I.A. Markov, having applied to the court on January 9, 2014, missed both the general limitation period provided for in Article 196 of the Civil Code of the Russian Federation in relation to the claim for payment of compensation for the period from 2003 to January 9, 2011, and the deadline established by Article 256 of the Civil Procedure Code of the Russian Federation to the court with an application to challenge 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 who serve in military formations and military units of permanent readiness in a worse position compared to other categories of military personnel in matters of exercising the right for additional rest or receipt of monetary compensation instead of providing an additional day of rest when involved in military service duties in excess of the established duration of weekly service time, and thereby contradicts Articles 2, 7, 19 (parts 1 and 2), 45 (part 1), 55 , 59 (parts 1 and 2) and 71 (points “c” and “m”) of the Constitution of the Russian Federation.

2. The Constitutional Court of the Russian Federation in its decisions, in particular in resolutions of December 26, 2002 No. 17-P, May 17, 2011 No. 8-P and March 21, 2013 No. 6-P, noted that military service, by concluding a contract on the completion of which, a citizen exercises the constitutional right to freely dispose of his abilities to work and to choose the type of activity, which represents a special type civil 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 performing military service perform constitutionally significant functions.

The special nature of military service as a separate type The federal public service is determined by 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 carry out tasks in accordance with international obligations of the Russian Federation, which, according to part one of Article 26 of the Federal Law of May 27, 1998 No. 76-FZ “On the status of military personnel,” constitutes the essence of military duty, which determines the content of general, official and special duties of military personnel.

Accordingly, the goals of maintaining combat effectiveness military units on high level, fulfillment of tasks to ensure the defense of the country and the security of the state predetermines the possibility of introducing special rules of service that differ from those provided for other categories of civil servants, including regarding the exercise by military personnel of the right to rest.

At the same time, in carrying out, in accordance with Articles 59 (Part 2) and 71 (clauses “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 fairness, 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 also includes the right to leisure and a reasonable limitation of the working day provided for in Article 24 of the Universal Declaration of Human Rights, is intended to guarantee the restoration human body after the stress associated with work (service), which not only ensures the further effective performance of the labor (official) duties assigned to the person, but also the preservation of the person’s physical and mental health, 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, the right to education, the right to participate in activities public associations, rights in the field physical culture and sports, etc.

Being aimed at providing every citizen with the opportunity to restore the ability to perform productive work or other socially useful activities through which the right to work is realized, the constitutional right to rest is universal in nature, and the 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 restriction.

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

Thus, in itself, the establishment 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 implementation of the right to rest, as well as the establishment for them of special rules and forms of compensation when performing military service duties outside the established duration of weekly service time, i.e. when involved in the performance of military service duties in excess of the established duration of weekly service time, as well as participation in events that are carried out if necessary without limiting the total duration of weekly service time, which differ from those rules and forms of compensation that are provided for other categories of military personnel, does not mean a violation their rights and cannot be considered as their restriction inconsistent with the requirements of the Constitution of the Russian Federation.

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

The presence of public authorities exercising powers in the field of military service, the obligation in one form or another to compensate military personnel for performing military service duties beyond the established duration of weekly service time, has already been previously noted by the Constitutional Court of the Russian Federation in its decisions. Thus, in relation to the legal situation related to ensuring a serviceman’s right to compensation for his 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 activities that are carried out if necessary without limiting the total duration weekly service time of military personnel (approved by order of the Minister of Defense of the Russian Federation dated November 10, 1998 No. 492), paragraph 8, which included being on business trips among the specified activities, does not in itself mean that the involvement of military personnel serving under contract in the performance of military service duties beyond the established duration of weekly service time may be carried out without appropriate compensation (Definition of June 24, 2014 No. 1366-O).

3. In order to create the necessary conditions for the exercise of 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 providing them additional days of rest both in the case of being involved in military service duties in excess of the established duration of weekly duty time, and when they participate in combat duty (combat service), exercises, ship voyages and other events carried out, 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 an additional day of rest, monetary compensation in the amount of salary for each additional day of rest required (paragraphs 1 and 3).

As an exception to these rules, military personnel undergoing military service in formations and military units of permanent readiness, transferred in the prescribed manner to be recruited 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 are not provided . Moreover, by virtue of the first paragraph of paragraph 4 of the same article, military personnel of the specified formations and military units are provided with at least one day of rest weekly; 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. Clause 3.1 of Article 11 of the Federal Law “On the Status of Military Personnel”, contested by the applicant, was introduced by Federal Law No. 29-FZ of April 26, 2004 “On Amendments to Certain legislative acts Russian Federation", aimed at creating a legislative basis for the transition to manning formations and military units of permanent readiness with military personnel serving under contract, and at improving the combat readiness of these formations and military units, and in fact - at implementing the provisions of the Federal target program "Transition to recruitment of military personnel serving under contract for a number of formations and military units" for 2004-2007, approved by Decree of the Government of the Russian Federation of August 25, 2003 No. 523.

In order to compensate this category of military personnel for additional restrictions and burdens due to the nature of military service in formations and military units of permanent readiness, including those associated with participation in events conducted without limiting the total duration of weekly service time, the same Federal Law, paragraph 4 of Article 13 The Federal Law “On the Status of Military Personnel” was supplemented by a provision according to which such military personnel were additionally paid a differentiated bonus for special conditions 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 the manner determined by the Government of the Russian Federation.

Thus, for this category of military personnel, a special form of compensation was introduced in connection with their performance of military service duties beyond the established duration of weekly service time, which differs both 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 personnel undergoing military service under a contract, when engaged in military service duties 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 carried out, 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 permanent readiness and falling within the scope of 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 Amendments to Legislative Acts of the Russian Federation and Recognizing Certain 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 organization of legislative (representative) and executive bodies of state power of the constituent entities of the Russian Federation" and "On the general principles of the organization of local self-government in the Russian Federation", namely paragraph 6 of Article 100, paragraph 4 of Article 13 of the Federal Law "On the Status of Military Personnel" was set out in the new edition and no longer contained any mention of a special compensation mechanism for military personnel of permanent readiness military units.

At the same time, paragraph 3 of the 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 payment of an allowance for special conditions of combat training to military personnel undergoing military service 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 dated February 2, 2004 No. 56 “On the establishment of a monthly allowance for special conditions of combat training for certain categories of military personnel of the internal troops of the Ministry of Internal Affairs of Russia” determined the size of the monthly allowance for special conditions of combat training for military personnel of the internal troops of the Ministry of Internal Affairs of Russia (to which the applicant also belonged to). This order, as follows from its contents, 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 dated August 25, 2003 No. 523 “On the Federal Target Program “Transition to recruitment of military personnel serving under contract” , a number of formations and military units" for 2004-2007", which confirms the identity of the allowance he established 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 contract in formations and military units of permanent readiness when performing military service duties beyond the established duration of weekly service time by establishing and paying them a differentiated bonus 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. 306-FZ “On the monetary allowance of military personnel and the provision of separate payments to them”, adopted with the aim of forming a new pay systems with an orderly set of additional payments, coefficients and bonuses to the pay of military personnel, by-laws that established bonuses for special conditions of combat training, have lost force. Meanwhile, the legislator’s approach, in which the specifics of military service under contract, including special conditions of service in formations and military units of permanent readiness (related, among other things, to the need to perform military service duties beyond the established duration of weekly service time), is subject to taken into account when determining the amount of their monetary allowance has not changed.

Thus, 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 performing military service under a contract consists of a monthly salary in accordance with the assigned military rank (salary according to military rank), monthly salary in accordance with the military position held (salary for military position), which constitute the monthly salary of a military personnel (salary), and from monthly and other additional payments ( additional payments), and according to 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 bonus for special conditions of military service, which is established in the amount of up to 100 percent of the salary for a military position and the rules for the payment of which to military personnel performing 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, units) for special (special) purposes, in reconnaissance formations (military units, units) according to the list approved by the state body , etc. 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 salary as a result of the reform of the military salary system 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 exchange for the days of rest of I.A. Markov associates with participation in hostilities during business trips to the territory of the North Caucasus region of the 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, for certain categories of military personnel, including military personnel of the internal troops of the Ministry of Internal Affairs of Russia, undergoing military service under a contract and sent 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 authorities" (as was enshrined in the previously effective Decree of the Government of the Russian Federation of February 9, 2004 No. 65 "On additional guarantees and compensation for military personnel and employees of federal executive authorities participating in counter-terrorism operations and ensuring law and order and public safety in the territory North Caucasus region of the Russian Federation") additional payments are provided in addition to the salary. In accordance with certificates from the Ministry of Internal Affairs of the Russian Federation and military unit 6832 on the composition of I.A.’s allowance. Markov in 2012, for performing tasks as part of the United Group of Forces in 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.

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

4. Thus, paragraph 3.1 of Article 11 of the Federal Law “On the Status of Military Personnel” 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 lost force, and in the system of current legal regulation - when determining the amount of pay for military personnel, it involves taking into account the special conditions of service in formations and military units of permanent readiness, including those related to the need to perform military service duties beyond the established duration of weekly service time.

Resolution of the question of the extent to which the allowance for special conditions of service established by the current regulatory legal acts and other payments provided to military personnel serving in formations and military units of permanent readiness compensate for the abolition of a differentiated allowance for special conditions of combat training, as related to 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 above 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 Ivan Aleksandrovich Markov as not subject to further consideration at a meeting of the Constitutional Court of the Russian Federation, since to resolve the issue raised by the applicant it is not necessary to issue a final decision in the form of a resolution provided for in Article 71 of the Federal Constitutional Law “On the Constitutional Court of the Russian Federation”.

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 can be called upon to perform military service duties beyond the established duration of weekly service time. This is compensated by rest of the appropriate duration on other days of the week. If such compensation is not possible, an additional day of rest is provided. An additional day of rest also compensates for participation in events that are carried out if necessary without limiting the total duration of weekly service time. Compensation may be paid instead. However, this additional rest is not provided to those who serve in formations and military units of permanent readiness transferred to be staffed by contract soldiers.

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

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

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

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

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

Thus, contract soldiers are provided with a monthly bonus for special conditions of military service (up to 100% of the salary for a military position). The applicant also received this allowance. Moreover, in general, as a result of the reform, his monetary allowance increased by almost 2.5 times.

Consequently, there is no reason to believe that with the abolition of the differentiated allowance for special conditions of combat training, the applicant’s position worsened. And that the features of service in a military unit of permanent readiness remained unaccounted for in the new system of monetary allowances for military personnel.

AND COMBAT READINESS OF THE MILITARY UNIT
HE. COASTAL
Beregovoi O.N., Lieutenant Colonel of Justice, assistant commander of military unit 3025 legal work- head of legal service.
In this article, the author would like to dwell on such points as:
1. Actions of commanders (superiors) when excluding military personnel entitled to a significant number of additional days of rest from the lists of unit personnel.
2. Features of providing rest to military personnel undergoing military service under a contract in military units of permanent readiness.
When conducting combat operations and counter-terrorism operations on the territory of the Chechen Republic, the military personnel involved in their conduct arose the right to be provided with a significant number of additional days of rest. Upon dismissal from military service, the specified military personnel on the basis of clause 16 of Art. 34 of the 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 support. Until all necessary settlements are made with the military personnel, they are not excluded from the lists of personnel of the military unit without their consent, i.e. Before being removed from the lists of unit personnel, they must be provided with all the “accumulated” additional days of rest. At the same time, the serviceman, while occupying his position, will not actually perform official duties, and since participation in the counter-terrorism operation is mainly taken by company-level military personnel, the absence, for example, of a company commander will greatly influence the combat readiness of the company, and therefore the military unit .
According to the author, a way out of this situation could 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 the enlistment of the specified serviceman at the disposal of the commander of the military unit on the basis of clause 1 of Art. 14 and sub. "and" clause 2 of Art. 13 of the Regulations on the procedure for completing military service in connection with 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 assigned to the position of the specified military personnel released to the disposal to take over the affairs and position and actually begin to perform the duties of the position.
However, at the same time, it is necessary that the issue of social protection of the serviceman being transferred be resolved, since his monetary allowance will be reduced (and when serving in military units of permanent readiness, the reduction will be significant). This issue has not currently been resolved, therefore, discharged military personnel who have a significant number of unused additional days of rest do not write reports on the transfer of affairs and positions and transfer to disposal, which affects the combat readiness of the military unit.
In accordance with the instructions of the President of the Russian Federation dated November 16, 2001 N K-1556, the Government of the Russian Federation dated November 20, 2001 N MK-P4-6726S, the decision of the Government of the Russian Federation “On the progress of ensuring implementation military reform" dated November 21, 2002 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 contract in a number of formations and military units for 2004 - 2007" dated August 25, 2003. N 523, a number of military units switched to a new form of recruitment from January 1, 2004.
In order to develop the legal regulation of the right to rest for military personnel serving in formations and military units of permanent readiness, transferred in the prescribed manner to be recruited by military personnel undergoing military service under a contract (hereinafter referred to as formations and military units of permanent 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, changes and additions to the Federal Law "On the Status of Military Personnel" dated May 27, 1998 N 76-FZ.
In accordance with the amendments, military personnel serving in formations and military units of permanent readiness, transferred in the prescribed manner to be recruited by military personnel undergoing military service under a contract, receive additional rest in accordance with paragraphs 1 and 3 of Art. 11 of the Federal Law “On the Status of Military Personnel” 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 undergoing military service in formations and military units of permanent readiness will be provided with days of rest:
1) the total duration of weekly service time of military personnel undergoing military service under a contract in formations and military units of permanent readiness, with the exception of cases of their involvement in events carried out without limiting official working hours, should 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 permanent readiness to perform the duties of military service in excess of the established duration of weekly service time is not compensated by rest of the corresponding duration on other days of the week, and they are not provided with additional days of rest, added at will serviceman for main leave;
3) military personnel undergoing military service under a contract in formations and military units of permanent readiness, perform duties while on combat duty (combat service), participating in exercises, ship voyages and other events carried out without limiting the total duration of weekly service time, without providing rest , compensating military personnel for participation in these events;
4) military personnel undergoing military service under a contract in formations and military units of permanent readiness are provided with at least one day of rest weekly, but not less than 6 days of rest per month, i.e. a six-day working week is actually established for them;
5) days of rest are provided to military personnel on weekends and holidays, and when they are involved in the performance of military service duties on these days, 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 rest days throughout the week, while at least 70 - 80% of the personnel of the military unit will perform duties every day.
When drawing up a schedule, you should take into account the presence of military personnel on daily duty, on combat duty, on vacation, on business trips, and for treatment.
If you use fewer days of the week to provide rest days, then the number of personnel performing official and special duties will sharply decrease (when providing rest days on Saturday and Sunday - about 30%). This will entail a decrease in the level of combat readiness of the military unit, which is under no circumstances acceptable.
Based on the actual participation of military personnel serving under contract in formations and military units of permanent readiness, in counter-terrorism 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, targeted activity by the commanders of these formations and military units is necessary to comply with 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 AMENDMENTS TO SELECTED 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 of May 27, 1998 N 76-FZ
"ON THE STATUS OF MILITARY SERVICEMEN"
(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 "REGULATIONS ON THE ORDER OF MILITARY SERVICE")
DECREE of the Government of the Russian Federation of August 25, 2003 N 523
"ABOUT THE FEDERAL TARGET PROGRAM "TRANSITION TO MANIFESTING WITH MILITARY PERSONNEL PASSING MILITARY SERVICE UNDER CONTRACT IN A NUMBER OF FORMATIONS AND MILITARY UNITS" FOR 2004 - 2007"
DECISION of the Government of the Russian Federation dated November 21, 2002 N 43
"ON THE PROGRESS OF ENSURING THE IMPLEMENTATION OF 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

Against the backdrop of massive calls for world peace, almost every state is constantly developing its military-industrial complex. After the Second World War, two superpowers took absolute leadership in the political arena: the USA and the USSR, whose successor was modern Russia. Over the seventy-year period, no direct armed conflict arose between these countries, but relations often entered a rather aggravated phase.

That is why it is advisable to periodically check the military potential of the armed forces. This is achieved by organizing exercises or combat drills, but there is also a political subtext, since any test of the level of combat readiness of the RF Armed Forces is regarded by a potential enemy as an aggressive step. At the same time, such events are aimed at demonstrating the capabilities of the Armed Forces and their readiness to take active action, which should significantly reduce the ardor of presumptuous “partners.”

It is necessary to soberly assess the situation in the world associated with the constant expansion of the NATO military bloc. It is gratifying to understand that the US worries are not unfounded, because the success of the Russian Aerospace Forces during its implementation showed a high degree of preparedness of military personnel, as well as superiority in many positions domestic technology ahead of their Western counterparts.

Concept of combat readiness

Each of us has probably heard about the degree of combat readiness, but the direct understanding of the basic term is sometimes quite far from the truth. Combat readiness is determined by the state of the armed forces at the current moment to mobilize and complete the assigned task in the conditions of real battles with the enemy.

In wartime, a high degree of combat readiness is important for all units and subunits. The tasks must be accomplished in all possible ways, for which the use of equipment, weapons, nuclear weapons or weapons of mass destruction.

Bringing to combat readiness

The process of bringing the armed forces to a state of combat readiness is proceeding according to plan. The regulatory document for personnel and commanding personnel, as well as for officials, is the manual on combat training in the RF Armed Forces, which includes the corresponding order of the Ministry of Defense, a collection of standards that discusses combat training in the RF Armed Forces, and standards for physical training. This should also include a drill manual, a manual on methods and means of camouflage, rules for using PPE, behavior when using MP weapons, and, finally, textbooks for officials.

The leadership of bringing into combat readiness rests with the unit commander. The plan spells out methods for alerting personnel, signals and locations, determines the actions of the daily squad and all duty officers, and appoints the leadership of the commandant service.

The signal to put on combat readiness is received by the HF duty officer. The command is then transmitted, using available warning systems, to the unit commander or, alternatively, to unit duty officers. Be sure to carry out the command clarification procedure.

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The raising of a company on alarm is assigned by the unit commander and announced by the unit on duty. All soldiers are informed about the start of a certain operation and a general gathering is announced. If a citizen does not live on the territory of a military unit, he will receive a collection order from the messenger. Drivers of military equipment are required to arrive at the park, where they will have to prepare their vehicles before the appointed time.

Often, a stay at the place of deployment involves the transportation of certain property. These works are assigned to the personnel, where the chief is appointed from among those senior in rank. After successful preparatory measures, it is necessary to wait for the officers. Military personnel not included in the combat crew must independently arrive at the assembly point.

Constant combat readiness

The degree of combat readiness depends on external factors. First of all, this is the level of threat of violation of state borders. It should be noted that for each level of readiness a set of measures is clearly prescribed, which covers the entire chain of command in the army. This is the only way to achieve high efficiency to reduce the response time to a threat.

Statistics show that the quality of combat readiness depends on the preparedness of military personnel and their field training. The professionalism of the officers also has a direct impact. Here it is most appropriate to mention the implementation of all points of the combined arms regulations. Not on last place and logistics support of the unit. When fully staffed, the unit can be easily brought to any level of readiness.

One of the approved degrees of aircraft readiness in which a unit can remain in Peaceful time, - constant combat readiness. All units are geographically located in a stationary location, general activities are carried out as usual. There is no need to talk about maintaining proper discipline, since it must be present in any military unit. Weapons and ammunition are stored in specially equipped warehouses, and equipment may be subject to scheduled maintenance. But we should not forget about the possibility of transferring the unit to a state with a higher degree of readiness.

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Increased

The state of a unit in which it conducts planned activities, but at any moment can carry out a real combat mission, is called increased readiness. There are some standard activities for this degree. They are appointed by the command of the unit, based on external conditions and internal structure.

  • Vacations and dismissals, as well as transfers to reserve, are not temporarily assigned.
  • Daily outfit intensifies personnel.
  • A 24-hour duty regime is established.
  • The availability of weapons and equipment is regularly checked.
  • Officers are issued weapons and ammunition.
  • All military personnel, without exception, are transferred to barracks status.

In a state of heightened combat readiness, a unit must react not only to the expected actions of the enemy, but also be prepared for a sudden change in his plans. But in fairness, it should be noted that some can remain in such a status only during exercises. In reality, either the foreign policy situation becomes more complicated, or everything returns to a peaceful course. Staying in a state of high alert for a long time is fraught with significant financial costs.

Military threat and complete BG

Military danger arises in the maximum permissible conflict without active combat operations. At the same time, the armed forces are redeployed in such a way that the equipment is withdrawn to alternative areas, but in general the unit performs its main function. Military units rise upon an alarm and can be sent to carry out strategic tasks. The third degree of readiness is characterized by standard activities.

219. The distribution of time in a military unit is carried out in such a way as to ensure its constant combat readiness and create conditions for conducting organized combat training of personnel, maintaining military discipline and internal order, education of military personnel, promotion of their cultural level, comprehensive household services, timely rest and meals.

The total duration of weekly service time for military personnel performing military service under a contract, except for the cases specified in paragraph three of this article, should not exceed the duration of weekly working time established by federal laws and other regulatory legal acts of the Russian Federation. The length of service time for military personnel undergoing military service upon conscription is determined by the daily routine of the military unit.

Combat duty (combat service), exercises, ship voyages and other events, the list of which is determined by the Minister of Defense of the Russian Federation, are carried out if necessary without limiting the total duration of weekly duty time.

Military personnel undergoing military service upon conscription, as well as military personnel undergoing military service under a contract in military professional educational organizations, military educational organizations higher education and training military units are provided with at least one day of rest weekly. The rest of the military personnel performing military service under a contract are provided with at least one day of rest weekly, but not less than six days of rest per month.

220. 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.

Military personnel undergoing military service under a contract, involved in the performance of military service duties on working days in excess of the established duration of weekly service time, as well as for events carried out without limiting the total duration of weekly service time, are provided as compensation with rest on other days of the week by the decision of the military commander units (subdivisions), taking into account the need to maintain combat readiness and the interests of the service.

(see text in the previous edition)

If it is impossible to provide as compensation to military personnel undergoing military service under a contract, rest of the appropriate duration on other days of the week, the time of performance of military service duties on weekdays in excess of the established duration of weekly service time, on weekends and holidays, taking into account the time required for the military personnel to arrive at place of duty from the place of residence and back, as well as the time of participation in events carried out without limiting the total duration of weekly service time, are summed up and provided to the specified military personnel in the form of an additional day of rest, which can be added to the main leave. The specified time (in hours and days) is recorded by the unit commander in a journal, the accuracy of the entries in which is confirmed weekly by the signature of the serviceman.

Military personnel undergoing military service under a contract, participating in events that are carried out if necessary without limiting the total duration of weekly service time, at their request, instead of providing an additional day of rest, may be paid monetary compensation in the amount of salary for each additional day of rest required. The procedure and conditions for payment of monetary compensation are established by the Minister of Defense of the Russian Federation.

Information on the number of additional days of rest, payments of monetary compensation instead of providing additional days of rest added to the main leave, is submitted by the unit commander to the headquarters of the military unit.

(see text in the previous edition)

222. The distribution of time in a military unit during the day, and according to some provisions during the week, is carried out by the daily routine and regulations of service time.

The daily routine of a military unit determines the timing of the implementation of basic activities daily activities, study and life of personnel of units and the headquarters of a military unit.

The service time regulations for military personnel performing military service under a contract, in addition to the daily routine, establish the timing and duration of the performance of daily activities by these military personnel arising from the duties of military service.

The daily routine and regulations of service time are established by the commander of a military unit or formation, taking into account the type and type of troops of the Armed Forces, the tasks facing military unit, time of year, local and climatic conditions. They are developed for the period of training and can be specified by the commander of a military unit (formation) for the duration of combat firing, field trips, exercises, maneuvers, ship voyages, combat duty (combat service), service in daily duty and other events, taking into account the specifics of their implementation .

The daily routine and regulations of service time are in the documentation of the daily work order, as well as in the headquarters of the military unit and in the offices of the units.

223. The daily routine of a military unit must include time for morning physical exercise, morning and evening toilet, morning examination, training sessions and preparation for them, changing special (work) clothing, cleaning shoes and washing hands before meals, eating, weapon care and military equipment, educational, cultural, leisure and sports work, informing personnel, listening to the radio and watching television, receiving patients at the medical center, as well as time for the personal needs of military personnel (at least two hours), an evening walk, an evening check-in and at least eight hours for sleep.

The intervals between meals should not exceed seven hours.

After lunch, there should be no classes or work for at least thirty minutes.

224. The regulation of service time for military personnel undergoing military service under a contract should provide for the time of their arrival at and departure from service, break time for meals (lunch), independent preparation (at least four hours), daily preparation for classes and time for physical training (total duration of at least three hours per week).

When determining the duty time regulations, the need for military personnel to fulfill job responsibilities in accordance with the daily routine, as well as carrying out activities aimed at maintaining the military unit (unit) in constant combat readiness.

The regulation of service time when serving on daily duty is determined by general military regulations and relevant instructions.

Round-the-clock duty in a military unit (unit) of officers, warrant officers and midshipmen, as well as sergeants and foremen doing military service under a contract, not included in the daily duty, can be introduced only in exceptional cases for a limited time by the commander of the troops of a military district, front, fleet , army.

225. Every week, usually on Saturday, the regiment holds a park and maintenance day for the purpose of servicing weapons, military equipment and other military property, re-equipping and improving parks and educational facilities, putting military camps in order and performing other work. On the same day, general cleaning of all premises is usually carried out, as well as washing of personnel in the bathhouse.

In addition, in order to maintain weapons and military equipment in constant combat readiness, the regiment holds park weeks and park days with the involvement of all personnel.

Park weeks, park and park-economic days are carried out according to plans developed by the regiment headquarters together with the deputy regiment commanders for armament and logistics and approved by the regiment commander. Extracts from the plans are communicated to the departments.

On rest days, it is allowed to rise later than usual, at an hour set by the commander of the military unit; morning physical exercises are not carried out.

  • Level of combat training of personnel;
  • Level of moral and psychological training of military personnel;
  • Preparedness of commanders and staffs for upcoming hostilities;
  • The technical condition of standard military equipment and weapons and its compliance with modern requirements;
  • Level of staffing of the formations;
  • Availability of material reserves of any kind for combat operations.

Activities to maintain combat readiness

Below is a list internal events in the Armed Forces to maintain combat readiness:

  • Constant combat training in all types of training:
    • Drill;
    • Tactical training;
    • Physical training;
    • Fire training;
    • Engineering training;
    • Chemical preparation;
    • And other types of training;
    • Combat coordination classes.
  • Conducting command post exercises (operational training);
  • Conducting military exercises;
  • Moral and psychological educational work with personnel;
  • Social and legal work with personnel and crime prevention in the military environment;
  • Work on personnel motivation (financial incentives and career prospects);
  • Maintenance of military equipment and weapons;
  • Constant control of counterintelligence agencies;
  • Periodically conducting drill reviews of military units;
  • Periodic inspection of the combat readiness of formations and military units;
  • Maintaining the required level of material reserves of any plan for combat operations.

External conditions affecting combat readiness

The combat readiness of the Armed Forces, regardless of state affiliation, depends on the following external factors:

  • Sufficient financing of the military budget;
  • A positive image of the Armed Forces in the public consciousness, in order to attract candidates for military service;
  • Systematic rearmament of troops modern types weapons and equipment;
  • The economic capabilities of the state to conduct long-term full-scale fighting;
  • Capabilities and state of the state’s transport system

Degrees of combat readiness

The armed forces of various states establish their own list levels of combat readiness. They correspond to various modes of functioning of units and military units - from which they can begin to carry out a combat mission within a certain time frame, established in a documentary manner and enshrined in the service instructions of each serviceman for his position. With each subsequent degree of combat readiness, the time required to be ready to conduct combat operations is reduced. Higher degree of combat readiness means that a specific formation is ready to immediately begin combat operations.
For example, in the USSR Armed Forces there were 4 degrees combat readiness:

  1. Constant- represented the normal daily functioning of military units and formations in peacetime, engaged in combat training and organization of close security, garrison and guard service.
  2. Increased- characterized the following events: full collection of personnel, replenishment of personnel, checking the condition of equipment and weapons, combat coordination classes, preparation for redeployment, preparation of material reserves and transport.
  3. Military danger- activities carried out after the announcement of a combat alert: departure of formations to the concentration area, receipt of provisions and communications equipment, ammunition and protective equipment, organization of outpost security.
  4. Full- moving troops to positions, receiving combat missions, deploying fire weapons, organizing commandant service and combat security.

The names of the established degrees of combat readiness were always indicated in capital letters and did not bow down.

Practical meaning of the introduction levels of combat readiness has two reasons:

  1. The order of measures for the phased deployment of troops, necessary for the deployment of troops, the mobilization of those liable for military service, the preparation of material reserves necessary for combat operations, the reactivation of military equipment and weapons located in warehouses, etc.
  2. The fact is that the Armed Forces of any state are unable, regardless of any change in the external or internal political situation, to keep both personnel in constant tension and to mobilize financial and material resources for this.

Specifics of levels of combat readiness for certain types of troops

In the modern era, due to the presence of weapons of mass destruction and means of delivery of warheads in many states, which provide the possibility of sudden large-scale use capable of causing irreparable damage to a combat unit in a matter of minutes, ground units, aviation and navy must be constantly ready to begin hostilities. In order to ensure this, modern armed forces of almost all countries in the world provide for the maintenance of troops to a degree constant combat readiness, which, in turn, is ensured thanks to the constant staffing of troops with personnel, weapons, ammunition and other means necessary for the speedy entry into hostilities and the performance of combat missions.
But in order to ensure complete security of the state, for some types of troops there are special degrees of combat readiness, in which the periods of phased deployment and the period of readiness for combat operations are extremely compressed, and for them there is actually no gradation according to levels of combat readiness- since they are constantly in full combat readiness:

  • Duty Officer
  • Garrison duty officer
  • Unit duty officer
  • Chief of the Guard
  • Patrol Chief
  • Duty Assistant to the Military Commandant
  • Checkpoint officer
  • Company/battery duty officer

The concept of elite troops

For the purpose of describing any troops as being at a higher level of combat readiness than others armed forces, in modern journalism the stable phrase “ elite troops».
TO elite troops it is customary to refer to:

Eg:
  • 45th Separate Guards Regiment for Special Purposes, etc.;
  • Military formations protecting heads of state in some states:
    • Iraqi Republican Guard, etc.;
  • Formations of carrier-based aviation;
  • Formations
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