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What determines the disciplinary charter of the armed forces of the Russian Federation. Disciplinary Charter of the Armed Forces of the Russian Federation - file n1.doc

To achieve maximum efficiency in military activities army, it is necessary to develop a set of rules that would cover all areas, allowing each soldier to determine his rights and powers in each specific situation. This understanding was reached even under Peter I; it is not for nothing that he is considered the founder of the introduction of military regulations. Although, in fairness, it should be noted that the history of military regulations in Tsarist Russia goes back all the way to the 16th century, when, by order of Ivan the Terrible, the Boyarsky verdict on stanitsa and guard service was adopted. The modern Russian army, as the successor to the Soviet army, has taken the following types of regulations as the basis for its regulations:

Since 2015, there have been some changes in the structure of the charter. Thus, by Decree of the President of the Russian Federation, a charter for the military police was established. The serviceman's regulations are considered his fundamental law. Thanks to the presented classification, the document clearly establishes the legal norms of communication between military personnel, defines the standards of drill training, touches on all issues of the daily life of a military man, and also establishes standards for the performance of official activities of garrison or guard duty.

The main directions of the provisions of the DU

Being an integral part of the military regulations, the disciplinary regulations of the RF Armed Forces are considered a legal document for all categories of military personnel.

Discipline in the army is the main foundation on which all the mobility and defense capability of the armed forces rests. Its concept for a serviceman is quite specific, and therefore is defined in a separate document.

Any soldier is obliged to carry out his activities within the limits of the regulations, and discipline presupposes compliance with the required subordination when communicating with each other. Deviation from the norms is considered hazing and is punished in accordance with the law. A disciplinary charter is necessary not only to determine the degree of responsibility for offenses. Encouragement of citizens in the service is carried out according to the provisions of the mentioned charter; a separate chapter has been allocated for this in the edition. By defending his rights, a serviceman can file a complaint against an illegal action by his command. The document contains detailed description procedure for filing an application, appeal or complaint.

Military personnel and senior military cadets are required to obey the regulations educational institutions under the authority of the Ministry of Defense. In those executive authorities where service is provided, citizens are subject to military regulations, these are the bodies of the Ministry of Internal Affairs, the FSB or the Ministry of Emergency Situations. Persons in the reserves again fall under the provisions of the current regulations after they are called up for mobilization or for training fees. A civilian holding a position on the military staff list, in terms of the issues discussed in the charter, is equal to military personnel.

Incentives for military personnel

It is known that timely rewards are an excellent motivation for self-improvement, therefore the unit commander is obliged to recognize distinguished soldiers, and he is given certain powers to do this. If he believes that someone who has proven himself the best side If a military man deserves more than he himself can reward, he submits a petition to higher authorities.

The reasons for encouragement are excellent performance in military and physical training, professionalism demonstrated during exercises, courage, valor and service to the Fatherland during a combat mission. All awards have their own specific status, so different types of incentives are divided into groups. Thus, the drastic measures are as follows:

  • cancellation of a previously imposed penalty;
  • public announcement of gratitude;
  • gratitude to parents, superiors (at the place of previous work);
  • certificate, gift or prize;
  • assignment of an extraordinary title;
  • delivery of personalized weapons.

Articles 21-25 of the DU of the RF Armed Forces determine the powers of commanders of all structural units, since these rights are very limited. This norm is relevant, rather, for the command than for the subordinate. The squad leader can declare general or personal gratitude. His competence is not limited to this, since he is allowed to remove previously imposed penalties. The company sergeant major has the same rights.

The company commander, in addition to the specified measures, can provide official letter to close relatives of the soldier as a message of success in military service. Full list Only the division commander has the right to apply measures. This is exactly the same example when the command of one structure writes a petition for an award to the authorities of a higher rank.

Incentives are made not only for one military man. They are assigned to the entire unit during a combat operation, during exercises, based on the average. The type of reward depends on how exactly the soldier performed. However, it should be remembered that for a single case it is attached to the award only once. The removal of a disciplinary sanction completely ensures a single reward. This means that a soldier with a penalty cannot count on rehabilitation and gratitude at the same time. A citizen has the right to earn other types of bonuses on a general basis.

Responsibility measures for military personnel

The third chapter of the charter discusses multifaceted situations in which an undisciplined military man is awarded one of the types of disciplinary responsibility. The presented articles cover all illegal actions caused by a violation of discipline, but in which there are no violations of the law. Otherwise, administrative or criminal liability will be imposed on the soldier. When determining the degree of guilt, all available mitigating circumstances must be taken into account.

During the process of bringing charges, a military man has the right to defend himself independently, providing the necessary evidence of his innocence. This does not exclude the use of professional legal assistance. This article applies to absolutely all types of disciplinary violations. Even if guilt is proven, humiliation, violence or other physical harshness should not be used against a citizen. Every disciplinary offense has a statute of limitations. The maximum reaches one year. Disciplinary action must be taken within the specified period, since it cannot be executed later.

When carrying out investigative actions, to establish the involvement of a serviceman, collect evidence and determine the degree of his guilt, the following preliminary measures are used:

  • detention;
  • delivery;
  • inspection;
  • removal from all or individual functional responsibilities.

The algorithm for applying these measures is presented as a separate appendix after all chapters of the disciplinary charter of the Armed Forces.

The main measure of responsibility for violation of discipline is disciplinary action. To clearly distinguish this type of penalty from punishment for an administrative offense, we list all possible options development of events for the offender.

  • Reprimand or severe reprimand. It can be entered into a personal file and long time serve as a “dark spot” on the military’s record. However, cases of an oral reprimand without documentary recording cannot be ruled out.
  • In military units, an effective measure of re-education is the cancellation of dismissal. Let us note that this is not an arbitrariness of the command, but an established clause of Article 53 of the disciplinary charter.
  • Deprivation of some insignia.
  • Reduction in position or rank, as well as a consolidated measure for more serious offenses.
  • Arrest.

Disciplinary Charter of the Armed Forces of the Russian Federation. Military discipline. Rewards and disciplinary sanctions. Disciplinary, administrative and criminal liability of military personnel.

Disciplinary Charter of the Armed Forces of the Russian Federation

This Charter defines the essence of military discipline, the responsibilities of military personnel to comply with it, types of incentives and disciplinary sanctions, the rights of commanders (superiors) to apply them, as well as the procedure for submitting and considering appeals (proposals, applications and complaints).

1. Military discipline there is strict and precise observance by all military personnel of the order and rules established by the laws of the Russian Federation, general military regulations of the Armed Forces of the Russian Federation (hereinafter referred to as general military regulations) and orders of commanders (chiefs).

2. Military discipline is based on the awareness of each military personnel of military duty and personal responsibility for the defense of the Russian Federation. It is built on a legal basis, respect for the honor and dignity of military personnel.

The main method of instilling discipline in military personnel is persuasion. However, this does not exclude the possibility of using coercive measures against those who are dishonest in fulfilling their military duty.

3. Military discipline obliges each military personnel:

Be faithful to the Military Oath (obligation), strictly observe the Constitution of the Russian Federation, the laws of the Russian Federation and the requirements of general military regulations;

Perform your military duty skillfully and courageously, conscientiously study military affairs, take care of state and military property;

Unquestioningly carry out assigned tasks in any conditions, including at the risk of life, and endure difficulties with fortitude military service;

Be vigilant and strictly maintain state secrets;

Maintain the rules of relationships between military personnel defined by general military regulations, strengthen military camaraderie;

Show respect to commanders (superiors) and each other, observe the rules of military greeting and military courtesy;

Conduct yourself with dignity in public places, not to allow oneself and to restrain others from unworthy actions, to help protect the honor and dignity of citizens;

Comply with the norms of international humanitarian law in accordance with the Constitution of the Russian Federation.

Promotions

17. Incentives are an important means of educating military personnel and strengthening military discipline.

The commander (chief), within the limits of the rights defined by this Charter, is obliged to reward subordinate military personnel for special personal merits, reasonable initiative, diligence and distinction in service.



19. The following types of incentives may be applied to military personnel:

Removal of previously applied disciplinary action;

Declaration of gratitude;

A message to the homeland (at the place of residence of the serviceman’s parents or persons in whose care he was) or to the place of the serviceman’s previous work (study) about his exemplary performance of military duty and about the incentives received;

Rewarding with a certificate, valuable gift or money;

Awarding a personal photograph of a serviceman, taken with the military banner of the military unit unfurled;

Assigning privates (sailors) the military rank of corporal (senior sailor);

Early assignment to the next military rank, but not higher than the military rank provided by the state for the occupied military position;

Assignment of the next military rank one step higher than the military rank provided by the state for the occupied military position;

Awarding the badge of excellence;

Entering the name of a distinguished serviceman in the Book of Honor of a military unit (ship) (Appendix No. 2);

Awarding with registered bladed weapons and firearms.

47. Military personnel are involved in disciplinary liability for a disciplinary offense, that is, an unlawful, guilty action (inaction), expressed in a violation of military discipline, which, in accordance with the legislation of the Russian Federation, does not entail criminal or administrative liability.

Behind administrative offenses military personnel bear disciplinary liability in accordance with this Charter, with the exception of administrative offenses for which they are held liable on a general basis. At the same time, administrative punishments in the form of administrative arrest, correctional labor cannot be applied to military personnel, and to sergeants, foremen, soldiers and sailors undergoing military service on conscription, and to cadets of military educational institutions vocational education before concluding a contract with them for military service, also in the form of an administrative fine.

Disciplinary action

54. A disciplinary sanction is a measure of responsibility established by the state for a disciplinary offense committed by a military personnel, and is applied to prevent the commission of disciplinary offenses.

The following types of disciplinary sanctions may be applied to a military personnel:

Rebuke;

Severe reprimand;

Deprivation of regular dismissal from a military unit or from a ship to shore;

Deprivation of an excellent student badge;

Warning about incomplete professional compliance;

Reduction in military rank;

Reduction in military rank by one step;

Reduction in military rank by one step with a reduction in military position;

Early dismissal from military service due to failure to fulfill the terms of the contract;

Expulsion from a military educational institution of vocational education;

Deduction from military training;

Disciplinary arrest.

From Article 81....If during the proceedings it turns out that the disciplinary offense contains elements of a crime, the commander of the military unit, in accordance with the legislation of the Russian Federation, initiates criminal case, notifies the military prosecutor and the head of the military investigative body of the Investigative Committee under the Prosecutor's Office of the Russian Federation.

dated November 10, 2007 No. 1495

"ABOUT APPROVAL
COMMON MILITARY CHARTERS OF THE ARMED FORCES
RUSSIAN FEDERATION"

In accordance with Article 4 of the Federal Law of May 31, 1996 No. 61-FZ “On Defense”, in order to bring the general military regulations of the Armed Forces of the Russian Federation into conformity with the legislation of the Russian Federation, I decree:

    1. Approve the attached:
  • Charter of the internal service of the Armed Forces of the Russian Federation;
  • Disciplinary Charter of the Armed Forces of the Russian Federation;
  • Charter of garrison and guard services of the Armed Forces of the Russian Federation.
    2. To recognize as invalid:
  • Decree of the President of the Russian Federation of December 14, 1993 No. 2140 “On approval of general military regulations of the Armed Forces of the Russian Federation” (Collection of acts of the President and
  • Government of the Russian Federation, 1993, No. 51, art. 4931); subparagraph “a” of paragraph 2 of the Decree of the President of the Russian Federation of March 10, 1997 No. 197 “On invalidating the Decree of the President of the Russian Federation of June 12, 1992 No. 620 “On Education” Border Troops Russian Federation" and amendments to some decrees of the President of the Russian Federation" (Collection of Legislation of the Russian Federation, 1997, No. 11, Art. 1298);
  • Decree of the President of the Russian Federation of June 30, 2002 No. 671 “On amendments to the general military regulations of the Armed Forces of the Russian Federation” (Collected Legislation of the Russian Federation, 2002, No. 27, Art. 2676); paragraph 4 of Appendix No. 1 to Decree of the President of the Russian Federation of November 19, 2003 No. 1365 “On amendments and invalidation of certain acts of the President of the RSFSR and the President of the Russian Federation in connection with the improvement of public administration in the field of security of the Russian Federation” (Collection of Legislation of the Russian Federation, 2003, No. 47, Art. 4520);
  • paragraph 1 of Appendix No. 1 to Decree of the President of the Russian Federation of August 3, 2005 No. 918 “On amendments and invalidation of certain acts of the President of the Russian Federation” (Collected Legislation of the Russian Federation, 2005, No. 32, Art. 3274).
Moscow Kremlin
President of Russian Federation
November 10, 2007
V. Putin
№ 1495

DECREE
PRESIDENT OF THE RUSSIAN FEDERATION

dated July 29, 2011 No. 1039

"About making changes
to Decree of the President of the Russian Federation of November 10, 2007 No. 1495
and in the charters approved by this Decree"

1. Introduce into the Decree of the President of the Russian Federation of November 10, 2007 No. 1495 “On approval of general military regulations of the Armed Forces of the Russian Federation” (Collected Legislation of the Russian Federation, 2007, No. 47, Art. 5749; 2008, No. 43, Art. 4921; 2011, No. 4, Article 572; No. 18, Article 2595) and the following changes to the charters approved by this Decree:

a) paragraph four of paragraph 1 of the Decree should be stated as follows:
"Charter of garrison, commandant and guard services of the Armed Forces of the Russian Federation.";

b) in the Charter of the Internal Service of the Armed Forces of the Russian Federation:
the second paragraph of Article 13 and the first paragraph of Article 95 after the word “garrison” should be supplemented with the word “commandant”; from the second paragraph of Article 239 the words “and within the local garrison” should be deleted; paragraph three of article 263, paragraph two of article 277, article 280, paragraph three of article 283, paragraph fourteen of article 286, paragraph one of article 290, article 330, paragraph two of article 365, paragraphs three and four of article 376, paragraph one of article 377, paragraph 14 Appendix No. 2 and paragraph 18 of Appendix No. 3, after the word “garrison”, add the word “commandant”;

c) in the Disciplinary Charter of the Armed Forces of the Russian Federation:

paragraph twelve of Article 50, after the word “garrison”, add the word “commandant”;

Paragraph twelve of Article 51 shall be stated as follows:
"the chief of the garrison, the assistant chief of the garrison for the organization of garrison service, the military commandant of the garrison, the duty officer of the garrison (military commandant's office) - to military personnel when performing garrison, commandant and (or) guard services; temporarily located in the garrison; located outside the location of the military unit, place service (outside the garrison in which they perform military service) without identification documents and (or) the right to stay outside the location of the military unit, place of service (in this garrison);

in article 75: the first paragraph after the words “Chiefs of garrisons,” add the words “assistants to the chiefs of garrisons for the organization of garrison service,”; paragraph “a” after the word “garrison” should be supplemented with the word “commandant”; paragraph four of Article 76 after the words “(port, airport)” shall be supplemented with the words “assistant to the head of the garrison for the organization of garrison service”;

in Appendix No. 6:

in paragraph 2: in paragraph four, after the words “military commandant of the garrison”, add the words “assistant to the chief of the garrison for the organization of garrison service”; in paragraph six, after the word “garrison”, add the word “commandant”; paragraph three of paragraph 6 after the word “garrison” should be supplemented with the word “commandant”; paragraph one of paragraph 4 and paragraph 5 of Appendix No. 7 after the word “garrison” should be supplemented with the word “commandant”.

2. Paragraphs three - seventh, ninth, twelfth and thirteenth subparagraph "c" of paragraph 24 of the appendix to Decree of the President of the Russian Federation of January 14, 2011 No. 38 "Issues of the activities of the Investigative Committee of the Russian Federation" (Collected Legislation of the Russian Federation, 2011, No. 4 , Article 572) shall be declared invalid.

3. This Decree comes into force from the date of its signing.

President of Russian Federation
D. Medvedev
Moscow Kremlin
July 29, 2011
№ 1039

MINISTER OF DEFENSE OF THE RUSSIAN FEDERATION

ORDER

dated January 13, 2008 N 7

ABOUT THE COMMON MILITARY REGULATIONS OF THE ARMED FORCES OF THE RUSSIAN FEDERATION

Decree of the President of the Russian Federation of November 10, 2007 N 1495 approved:
Charter of the internal service of the Armed Forces of the Russian Federation;
Disciplinary Charter of the Armed Forces of the Russian Federation;
Charter of garrison and guard services of the Armed Forces of the Russian Federation.

I order:

1. Deputy Ministers of Defense of the Russian Federation, heads of services of the Ministry of Defense of the Russian Federation, commanders-in-chief of branches of the Armed Forces of the Russian Federation, commanders of troops of military districts, fleets, branches of troops of the Armed Forces of the Russian Federation, heads of main and central departments of the Ministry of Defense of the Russian Federation until July 1, 2008 . submit, in the prescribed manner, applications for amendments to the regulatory legal acts of the Ministry of Defense of the Russian Federation.

2. The General Staff of the Armed Forces of the Russian Federation (Office of the Chief of Communications of the Armed Forces of the Russian Federation) ensure the distribution of general military regulations of the Armed Forces of the Russian Federation (hereinafter referred to as general military regulations) to the officials specified in paragraph 1 of this Order - before March 31, 2008, in military command and control bodies and troops (forces) - until July 1, 2008.

3. Deputy Ministers of Defense of the Russian Federation, heads of services of the Ministry of Defense of the Russian Federation, commanders-in-chief of the branches of the Armed Forces of the Russian Federation, commanders of regional troops, troops of military districts, fleets, branches of the Armed Forces of the Russian Federation, heads of main and central departments of the Ministry of Defense of the Russian Federation, commander formations, formation commanders, military units and heads (leaders) of organizations of the Armed Forces of the Russian Federation:

a) ensure the creation of a current reserve of general military regulations at the rate of 30% of the received number of copies;

b) organize the study of general military regulations:
as they enter the troops (forces) by all subordinate officers, warrant officers and midshipmen;
soldiers, sailors, sergeants and foremen during scheduled training hours, self-training, in preparation for internal, garrison and guard duty;
in the military educational institutions professional education of the Ministry of Defense of the Russian Federation to the extent established by the guidelines for planning the educational process;

c) organize the acceptance of tests on knowledge of the main provisions of general military regulations:
for officers, warrant officers and midshipmen - until August 1, 2008;
for soldiers, sailors, sergeants and foremen in terms of general, official and special duties of military personnel - monthly;
for cadets of district training centers, training military units, schools for warrant officers and midshipmen, courses for training junior lieutenants - upon graduation;

d) take into account military personnel’s knowledge of the requirements of general military regulations in everyday life when appointing them to higher military positions and sending them to study.

4. Recognize as invalid the Order of the Minister of Defense of the Russian Federation of 1993 N 600, the directive of the Minister of Defense of the Russian Federation of 1994 N D-23.

DISCIPLINARY CHARTER OF THE ARMED FORCES OF THE RUSSIAN FEDERATION

This Charter defines the essence of military discipline, the responsibilities of military personnel to comply with it, types of incentives and disciplinary sanctions, the rights of commanders (superiors) to apply them, as well as the procedure for submitting and considering appeals (proposals, applications and complaints).

The disciplinary regulations govern military personnel of military command and control bodies, military units, ships, enterprises, organizations of the Armed Forces of the Russian Federation, including military educational institutions of professional education of the Ministry of Defense of the Russian Federation (hereinafter referred to as military units).

The Disciplinary Regulations apply to military personnel of other troops, military formations, bodies and military units of the federal fire service, as well as to citizens called up for military training (hereinafter referred to as military personnel).

Civilian personnel holding military positions are guided by the provisions of the Disciplinary Charter in relations with military personnel.

Chapter 1. General provisions

1. Military discipline is strict and precise observance by all military personnel of the order and rules established by the laws of the Russian Federation, general military regulations of the Armed Forces of the Russian Federation (hereinafter referred to as general military regulations) and orders of commanders (chiefs).

2. Military discipline is based on each serviceman’s awareness of military duty and personal responsibility for the defense of the Russian Federation. It is built on a legal basis, respect for the honor and dignity of military personnel.

The main method of instilling discipline in military personnel is persuasion. However, this does not exclude the possibility of using coercive measures against those who are dishonest in fulfilling their military duty.

3. Military discipline obliges every serviceman:

be faithful to the Military Oath (obligation), strictly observe the Constitution of the Russian Federation, the laws of the Russian Federation and the requirements of general military regulations;

perform your military duty skillfully and courageously, conscientiously study military affairs, take care of state and military property;

to unquestioningly carry out assigned tasks in any conditions, including at the risk of life, to steadfastly endure the difficulties of military service;

be vigilant, strictly keep state secrets;

support the rules of relationships between military personnel determined by general military regulations, strengthen military camaraderie;

show respect to commanders (superiors) and each other, observe the rules of military greeting and military courtesy;

behave with dignity in public places, prevent yourself and restrain others from unworthy actions, help protect the honor and dignity of citizens;

comply with the norms of international humanitarian law in accordance with the Constitution of the Russian Federation.

4. Military discipline is achieved:

instilling in military personnel moral, psychological, combat qualities and conscious obedience to commanders (superiors);

knowledge and compliance by military personnel with the laws of the Russian Federation, other regulatory legal acts of the Russian Federation, the requirements of general military regulations and the norms of international humanitarian law;

the personal responsibility of each serviceman for the performance of military service duties;

maintaining internal order in a military unit (unit) by all military personnel;

clear organization of combat training and full coverage of personnel;

daily demands of commanders (superiors) towards subordinates and control over their performance, respect for the personal dignity of military personnel and constant care for them, skillful combination and correct use measures of persuasion, coercion and social influence of the collective;

creation in the military unit (unit) of the necessary conditions for military service, life and a system of measures to limit the dangerous factors of military service.

5. The commander and deputy commander for the military unit (unit) are responsible for the state of military discipline educational work, who must constantly maintain military discipline, demand that subordinates observe it, encourage the worthy, and strictly but fairly punish the negligent.

6. In order to maintain military discipline in a military unit (unit), the commander is obliged to:

study the personal qualities of subordinates, support the rules of relationships between them defined by general military regulations, unite the military team, strengthen friendship between military personnel of different nationalities;

know the state of military discipline and the moral and psychological state of personnel, achieve a common understanding by subordinate commanders (chiefs) of the requirements, tasks and methods of strengthening military discipline, manage their activities to strengthen military discipline and the moral and psychological state of personnel, teach the practice of applying incentives and disciplinary penalties;

immediately eliminate identified violations of the rules of service and resolutely suppress any actions that may harm the combat effectiveness of the military unit (unit);

organize legal education, carry out work to prevent crimes, incidents and misdeeds;

to educate subordinate military personnel in the spirit of strict compliance with the requirements of military discipline and high performance, to develop and maintain their self-esteem, consciousness of military honor and military duty, to create in the military unit (unit) an intolerant attitude towards violations of military discipline, to ensure, on the basis of publicity, their legal and social protection;

analyze the state of military discipline and the moral and psychological state of subordinate military personnel, timely and objectively report to the superior commander (chief) about violations, and immediately about crimes and incidents.

Respect for the personal dignity of military personnel, concern for their legal and social protection is the most important responsibility of the commander (chief).

7. The commander (chief) must know the needs and requests of subordinates, seek their satisfaction, avoid rudeness and humiliation of the personal dignity of subordinates, serve as an example of strict compliance with the laws of the Russian Federation, other regulatory legal acts of the Russian Federation and the requirements of general military regulations, be an example of morality and honesty , modesty and fairness.

8. The activity of the commander (chief) in maintaining military discipline is assessed not by the number of offenses in the military unit (unit), but by his exact compliance with the laws of the Russian Federation, other regulatory legal acts of the Russian Federation and the requirements of general military regulations, the full and effective use of his disciplinary power and the performance of their duties in order to establish internal order and timely prevent violations of military discipline. Not a single violator of military discipline should escape responsibility, but not a single innocent person should be punished.

The commander (chief), who did not provide the necessary conditions for compliance with the statutory order and the requirements of military discipline, and who did not take measures to restore them, bears responsibility for this.

The commander (chief) does not bear disciplinary liability for offenses committed by his subordinates, except for cases where he concealed the offense or did not take the necessary measures within the limits of his powers to prevent offenses and bring the perpetrators to justice.

Each serviceman is obliged to assist the commander (chief) in restoring order and maintaining military discipline. A serviceman bears responsibility for evading assistance to the commander (superior).

9. The right of the commander (chief) to give orders and the duty of the subordinate to obey unquestioningly are the basic principles of unity of command.

In the event of open disobedience or resistance of a subordinate, the commander (chief) is obliged to take all coercive measures established by the laws of the Russian Federation and general military regulations, up to and including detaining and bringing the offender to justice as provided for by the legislation of the Russian Federation, in order to restore order and military discipline. In this case, weapons can only be used in a combat situation, and in peacetime conditions - in exceptional cases that cannot be delayed, in accordance with the requirements of Articles 13 and 14 of the Internal Service Charter of the Armed Forces of the Russian Federation.

10. Only direct superiors can apply rewards and disciplinary sanctions (with the exception of disciplinary arrest). In addition, the superiors specified in Articles 75-79 of this Charter have the right to apply disciplinary sanctions.

Disciplinary arrest for a serviceman committing gross disciplinary offenses specified in Appendix No. 7 is imposed by decision of the judge of the garrison military court.

The right to send materials about a gross disciplinary offense to the garrison military court to make a decision on applying disciplinary arrest to a serviceman belongs only to the commander of the military unit.

The right to apply for disciplinary arrest against a serviceman is granted to commanders (chiefs) from the squad commander and above.

The disciplinary power granted to subordinate commanders (chiefs) always belongs to higher commanders (chiefs).

11. Commanders (chiefs), whose positions are not mentioned in this Charter (Appendix No. 1), in relation to the military personnel subordinate to them, enjoy disciplinary power in accordance with the military rank provided for by the state for the military position held:

a) junior sergeant, sergeant, foreman of the 2nd article and foreman of the 1st article - by the authority of the squad commander;

b) senior sergeant and chief sergeant - by the authority of the deputy platoon commander;

c) foreman and chief petty officer, warrant officer and midshipman, senior warrant officer and senior midshipman - by the authority of the foreman of the company (team);

d) junior lieutenant, lieutenant and senior lieutenant - by the authority of the platoon (group) commander;

e) captain and captain-lieutenant - by the authority of the company commander (combat boat, ship of 4th rank);

f) major, lieutenant colonel, captain 3rd rank and captain 2nd rank - by the authority of the battalion commander;

g) colonel and captain of the 1st rank - by the authority of the commander of the regiment (ship of the 1st rank), brigade;

h) major general and rear admiral - by the authority of the division commander;

i) lieutenant general and vice admiral - by the authority of the corps (squadron) commander;

j) colonel general and admiral - by the authority of the commander of the army (flotilla);

k) general of the army, admiral of the fleet and Marshal of the Russian Federation - by the authority of the commander of the troops of the military district, front, fleet.

When temporarily performing duties (positions) in the service, commanders (chiefs) exercise disciplinary power according to the military position announced in the order.

12. Deputy (assistant) commanders of military units (units), senior assistants to ship commanders, in relation to the military personnel subordinate to them, enjoy disciplinary power one level lower than the rights granted to their immediate superiors.

On ships where there is a chief mate and an assistant commander, the latter enjoys disciplinary power one step below the rights granted to the chief mate.

13. Officers from the deputy regiment commander and below, when on a business trip with units or commands as their superiors, as well as when performing an independent task specified in the order of the commander of a military unit outside the location of their military unit, enjoy disciplinary power one step higher than the rights of the position military position.

Military personnel appointed as team leaders in the above cases enjoy disciplinary authority: sergeants and foremen - the authority of the company (team) foreman; foreman, chief petty officer, warrant officer, senior warrant officer and midshipman, senior midshipman - by the authority of the platoon (group) commander; warrant officers, senior warrant officers and midshipmen, senior midshipmen holding positions of platoon (group) commanders - by the authority of the company commander.

14. Officers - commanders of educational units in military educational institutions of vocational education of the Ministry of Defense of the Russian Federation (hereinafter referred to as military educational institutions of vocational education) and military training units in relation to persons subordinate to them enjoy disciplinary power one level higher than the rights of their military position.

15. The Minister of Defense of the Russian Federation in relation to military personnel of the Armed Forces of the Russian Federation exercises disciplinary power in the full scope of the rights defined by this Charter.

16. Deputy Ministers of Defense of the Russian Federation, commanders-in-chief of branches of the Armed Forces of the Russian Federation and their equals enjoy disciplinary power one step lower than the rights granted to the Minister of Defense of the Russian Federation.

Civilian personnel of the Armed Forces of the Russian Federation holding military positions in relation to military personnel enjoy disciplinary power in accordance with their regular military position.

Chapter 2. Incentives

General provisions

17. Incentives are an important means of educating military personnel and strengthening military discipline.

The commander (chief), within the limits of the rights defined by this Charter, is obliged to reward subordinate military personnel for special personal merits, reasonable initiative, diligence and distinction in service.

In the event that the commander (chief) believes that the rights granted to him are not enough, he can apply for incentives for distinguished military personnel with the authority of a higher commander (chief).

18. For courage and courage shown in the performance of military duty, exemplary leadership of troops and other outstanding services to the state and the Armed Forces of the Russian Federation, for high performance in combat training, excellent mastery of new types of weapons and military equipment commanders (chiefs) from the regiment commander (ship of the 1st rank), their equals and higher, commanders of individual battalions (ships of the 2nd and 3rd rank), commanders of individual military units, who, in accordance with Article 11 of this Charter, use the disciplinary power of the battalion commander, have the right to petition on the nomination of military personnel subordinate to them for awarding state awards of the Russian Federation, the Certificate of Honor of the President of the Russian Federation, departmental insignia, as well as for encouragement in the form of declaring their gratitude from the President of the Russian Federation (article as amended by Decree of the President of the Russian Federation of October 23, 2008 N 1517 - see previous edition).

19. The following types of incentives may be applied to military personnel:

removal of previously applied disciplinary sanction;

announcement of gratitude;

a message to the homeland (at the place of residence of the serviceman’s parents or persons in whose care he was) or to the place of the serviceman’s previous work (study) about his exemplary performance of military duty and about the incentives received;

awarding a certificate, valuable gift or money;*19.1.4)

awarding a personal photograph of a serviceman, taken with the military banner of the military unit unfurled;

assignment to privates (sailors) of the military rank of corporal (senior sailor);

early assignment of the next military rank, but not higher than the military rank provided by the state for the occupied military position;

assignment of the next military rank one step higher than the military rank provided by the state for the occupied military position;

awarding an excellent student badge;

entering the name of a distinguished serviceman in the Book of Honor of a military unit (ship) (Appendix No. 2);

awarding with registered cold steel and firearms.*19.1.11)

Incentives applied to soldiers, sailors, sergeants and petty officers

20. The following incentives apply to soldiers, sailors, sergeants and foremen:

b) declaration of gratitude;

c) a message to the homeland (at the place of residence of the serviceman’s parents or persons in whose care he was) or to the place of the serviceman’s previous work (study) about his exemplary performance of military duty and about the incentives received;

d) awarding a certificate, valuable gift or money;

e) awarding a personal photograph of a serviceman taken with the military banner of the military unit unfurled;

f) assignment of the military rank of corporal (senior sailor);

g) early assignment to sergeants (foremen) of the next military rank, but not higher than the military rank provided for by the state for the military position held;

h) assignment to sergeants (foremen) of the next military rank one step higher than the military rank provided by the state for the military position held, up to and including senior sergeant (chief foreman);

i) awarding an excellent student badge;

j) entering in the Book of Honor of a military unit (ship) the names of distinguished soldiers, sailors, sergeants and foremen.

All types of incentives specified in this article, with the exception of those provided for in paragraph “c,” are applied to military personnel performing military service under a contract in the positions of soldiers, sailors, sergeants and foremen.

The rights of commanders (chiefs) to apply incentives to the soldiers, sailors, sergeants and foremen subordinate to them

21. The squad commander, deputy platoon commander, company (team) foreman and platoon (group) commander have the right:

a) remove disciplinary sanctions previously applied by them;

b) express gratitude.

22. The commander of a company (combat boat, ship of 4th rank) has the right:

b) express gratitude;

23. The battalion commander has the right:

a) remove disciplinary sanctions previously applied by him, remove disciplinary sanctions in the cases specified in Article 35 of this Charter;

b) express gratitude;

c) report to the homeland (at the place of residence of the serviceman’s parents or persons in whose care he was) or to the place of the serviceman’s previous work (study) about his exemplary performance of military duty and about the incentives received.

The commander of a separate battalion (ship of the 2nd and 3rd rank), as well as the commander of a separate military unit, who, in accordance with Article 11 of this Charter, enjoys the disciplinary power of the battalion commander, in addition, have the right to apply incentives provided for in paragraphs "d" - "k" of Article 24 of this Charter.

24. The commander of a regiment (ship of 1st rank) has the right:

a) remove disciplinary sanctions previously applied by him, remove disciplinary sanctions in the cases specified in Article 35 of this Charter;

b) express gratitude;

c) report to the homeland (at the place of residence of the serviceman’s parents or persons in whose care he was) or to the place of the serviceman’s previous work (study) about his exemplary performance of military duty and about the incentives received;

d) reward with a certificate, valuable gift or money;

e) award a personal photograph of a serviceman taken with the military banner of the military unit unfurled;

e) assign military rank corporal (senior sailor);

g) assign the next military rank to sergeants (foremen) ahead of schedule, but not higher than the military rank provided for by the state for the military position held;

h) assign to sergeants (foremen) the next military rank one step higher than the military rank provided by the state for the military position held, up to and including senior sergeant (chief foreman);

i) award an excellent student with a badge;

j) enter the names of distinguished soldiers, sailors, sergeants and foremen in the Book of Honor of a military unit (ship).

25. The commander of a division, commander of a corps (squadron), commander of an army (flotilla), commander of troops of a military district, front, fleet, their equals and superiors in relation to the soldiers, sailors, sergeants and foremen subordinate to them have the right to apply incentives to the full extent of this Charter .

Incentives applied to warrant officers and midshipmen

26. The following incentives apply to warrant officers and midshipmen:

a) removal of a previously applied disciplinary sanction;

b) declaration of gratitude;

c) rewarding with a certificate, valuable gift or money;

d) entering in the Book of Honor of the military unit (ship) the names of distinguished warrant officers and midshipmen;

e) early assignment of the military rank of senior warrant officer and senior midshipman, provided for by the state for the military position held;

f) assignment of the military rank of senior warrant officer and senior midshipman one step higher than the military rank provided by the state for the military position held.

The rights of commanders (chiefs) to apply incentives to subordinate warrant officers and midshipmen

27. The platoon (group) commander, company commander (combat boat, ship of 4th rank) and battalion commander have the right:

b) express gratitude.

28. The commander of a separate battalion (ship of the 2nd and 3rd rank), as well as the commander of a separate military unit, who, in accordance with Article 11 of this Charter, enjoys the disciplinary power of the battalion commander, the commander of a regiment (ship of the 1st rank), the commander of a division, the commander of a corps (squadron), in addition, they have the right to apply the incentives specified in Article 26 of this Charter, with the exception of those provided for in paragraphs “d” and “f”.

29. The commander of the army (flotilla), the commander of the troops of the military district, the front, the fleet, their equals and superiors, in relation to the warrant officers and midshipmen subordinate to them, have the right to apply incentives in the full scope of this Charter.

Incentives applied to officers

30. The following incentives apply to officers:

a) removal of a previously applied disciplinary sanction;

b) declaration of gratitude;

c) awarding a diploma, valuable (including personalized) gift or money;

d) entering the names of distinguished officers in the Book of Honor of the military unit (ship);

e) early assignment of the next military rank, but not higher than the military rank provided by the state for the military position held;

f) assignment of the next military rank one step higher than the military rank provided for by the state for the military position held, but not higher than the military rank of major, captain of the 3rd rank, and to a military personnel with an academic degree and (or) academic rank holding a military teaching position composition in a military educational institution of professional education, not higher than the military rank of colonel, captain 1st rank;

g) awarding with registered cold steel and firearms.

31. In military educational institutions of professional education, in addition to the incentives listed in Article 30 of this Charter, the names of students and cadets who graduated from a military educational institution of higher professional education with the medal “For excellent completion of a military educational institution of higher professional education of the Ministry” are also applied to the Honor Board. Defense of the Russian Federation" or who received a diploma with honors after graduating from a military educational institution of secondary vocational education.

Rights of commanders (chiefs) to apply incentives to officers subordinate to them

32. The commander of a company (combat boat, ship of 4th rank) and the commander of a battalion have the right:

a) remove disciplinary sanctions previously applied by them, remove disciplinary sanctions in the cases specified in Article 35 of this Charter;

b) express gratitude.

The commander of a separate battalion (ship of rank 2 and 3), as well as the commander of a separate military unit, who, in accordance with Article 11 of this Charter, enjoys the disciplinary power of the battalion commander, in addition, have the right to apply incentives provided for in paragraphs “c” and “d” of Article 33 of this Charter.

33. Commander of a regiment (ship of the 1st rank), commander of a division, commander of a corps (squadron), commander of an army (flotilla), commander of troops of a military district, front, fleet, commander-in-chief of a branch of the Armed Forces of the Russian Federation, Deputy Ministers of Defense of the Russian Federation and their equals have right:

a) remove disciplinary sanctions previously applied by them, remove disciplinary sanctions in the cases specified in Article 35 of this Charter;

b) express gratitude;

c) reward with a certificate, valuable gift or money;

d) enter the names of distinguished officers in the Book of Honor of the military unit (ship).

The incentives provided for in paragraphs “d” and “f” of Article 30 of this Charter can be applied by officials who have the right to confer military ranks in accordance with the legislation of the Russian Federation.

Procedure for applying incentives

34. Commanders (chiefs) can apply incentives both in relation to an individual serviceman and in relation to the entire personnel of a military unit (unit).

For one distinction, a serviceman can be promoted only once.

When determining the type of incentive, the nature of the merits, diligence and distinction of the serviceman, as well as his previous attitude towards military service are taken into account.

35. A military serviceman who has a disciplinary sanction can be rewarded only by removing the previously applied sanction. The right to lift a disciplinary sanction belongs to the commander (chief) by whom the sanction was applied, as well as to his direct superiors, who have no less disciplinary power than him.

The right to lift disciplinary sanctions specified in Articles 75-79 of this Charter belongs to the direct commander (chief), who has disciplinary power no less than the commander who applied the penalty.

Only one disciplinary sanction can be removed from a serviceman at a time.

The commander (chief) has the right to lift a disciplinary sanction only after it has played its educational role and the serviceman has corrected his behavior by exemplary performance of military duty.

36. The removal of a disciplinary sanction - disciplinary arrest - is carried out by the commander of a military unit, if the serviceman does not commit a new disciplinary offense: for soldiers and sailors - no earlier than three months after the execution of the decision of the judge of the garrison military court on the appointment of a disciplinary arrest; from sergeants and foremen - no earlier than six months; from warrant officers and midshipmen - no earlier than a year later.

Removal of a disciplinary sanction - reduction in military rank (position) - from soldiers, sailors, sergeants and foremen is carried out no earlier than six months from the date of its application.

Soldiers, sailors, sergeants and foremen are restored to their previous military rank only when they are appointed to the appropriate military position.

Removal of a disciplinary sanction - reduction in military rank - from warrant officers, midshipmen and officers is carried out no earlier than one year from the date of its application.

A disciplinary sanction - reduction in military position - can be removed from a serviceman without simultaneously reinstating him to his previous position.

The removal of a disciplinary sanction - a warning about incomplete official compliance - is carried out no earlier than one year from the date of its application.

37. Encouragement - an announcement of gratitude - is applied both to an individual serviceman and to the entire personnel of a military unit (unit).

38. Encouragement - a message to the homeland (at the place of residence of the serviceman’s parents or persons in whose care he was) or to the place of the serviceman’s previous work (study) about his exemplary performance of military duty and about the incentives received - applies to military personnel undergoing military service on call. In this case, a letter of commendation is sent to the serviceman’s homeland (at the place of residence of the serviceman’s parents or persons in whose care he was raised) or to the place of his previous work (study) with a message about his exemplary performance of military duty and about the incentives received.

39. Encouragement - awarding a diploma, a valuable gift or money - is applied to all military personnel, while the diploma is awarded to both individual military personnel and the entire personnel of a military unit (unit), as a rule, at the end of the training period (academic year), with upon dismissal from military service, as well as when summing up the results of a competition.

40. Encouragement - awarding a personal photograph of a serviceman, taken with the combat flag of a military unit unfurled - applies to soldiers, sailors, sergeants and foremen.

The serviceman in respect of whom this incentive is applied is awarded two photographs (soldiers are photographed in full dress uniform, with weapons) with text on the back: to whom it was awarded and for what.

41. Incentives - assignment of the military rank of corporal, senior sailor; assignment of the next military rank ahead of schedule, but not higher than the military rank provided by the state for the occupied military position; assignment of a military rank one step higher than the military rank provided for by the state for the military position held, but not higher than the military rank of major, captain 3rd rank, and to a military personnel with an academic degree and (or) academic rank holding a military position as a faculty member in the military educational institution of vocational education, not higher than the military rank of colonel, captain 1st rank - are applied to military personnel for special personal merit.

42. Encouragement - awarding an excellent student badge - is announced by order of the commander of a military unit and is applied to soldiers, sailors, sergeants and foremen who were excellent students during one period of training, as well as to cadets of military educational institutions of professional education who were excellent students in during the academic year.

43. Encouragement - entering the names of distinguished military personnel into the Book of Honor of a military unit (ship) - is announced by order of the commander of the military unit and is applied in relation to:

soldiers, sailors, sergeants and foremen of the last period of training, undergoing military service upon conscription, who have achieved excellent performance in combat training, who have shown impeccable discipline and high consciousness during service - before dismissal from military service (cadets and students of military educational institutions of vocational education - upon completion of training);

military personnel undergoing military service under a contract, for impeccable service in the Armed Forces of the Russian Federation, as well as all military personnel who particularly distinguished themselves in the performance of their military duty - during the entire period of their military service.

When an order is announced to be included in the Book of Honor of a military unit (ship), the serviceman is presented with a certificate of commendation signed by the commander of the military unit (ship). The entry in the Book of Honor of a military unit (ship) of the name of a serviceman undergoing military service upon conscription is, in addition, reported to his homeland (at the place of residence of the serviceman’s parents or persons under whose care he was) or to the place of the serviceman’s previous work (study).

44. Encouragement - awarding registered cold steel and firearms - is an honorary award for distinguished officers for special personal services to the state and the Armed Forces of the Russian Federation.

Awarding with registered weapons is carried out in accordance with the legislation of the Russian Federation.

45. Incentives are announced in front of the formation, at meetings or conferences of military personnel, in an order or in person.

The announcement of orders to encourage or reward distinguished military personnel is usually carried out in a solemn atmosphere.

Simultaneously with the announcement of the order of encouragement, military personnel, as a rule, are presented with certificates, valuable gifts or money, personal photographs of military personnel taken with the combat flag of the military unit unfurled, merit badges, and the text of the message to their homeland is read out (at the place of residence of the serviceman’s parents or persons , under whose care he was) or at the place of the serviceman’s previous work (study) about the exemplary performance of his military duty.

46. ​​A military serviceman is considered not to have disciplinary sanctions after they are lifted by the relevant commander (superior) or after one year has passed from the date of application of the last penalty, unless another disciplinary sanction was applied to him during this period.

Chapter 3. Disciplinary responsibility of military personnel

47. Military personnel are subject to disciplinary liability for a disciplinary offense, that is, an unlawful, guilty action (inaction), expressed in a violation of military discipline, which, in accordance with the legislation of the Russian Federation, does not entail criminal or administrative liability.

For administrative offenses, military personnel bear disciplinary liability in accordance with this Charter, with the exception of administrative offenses for which they are liable on a general basis. At the same time, administrative punishments in the form of administrative arrest, correctional labor cannot be applied to military personnel, and to sergeants, foremen, soldiers and sailors undergoing military service upon conscription, to cadets of military educational institutions of vocational education until a contract for military service is concluded with them also in the form of an administrative fine.

A serviceman is subject to disciplinary liability only for that disciplinary offense for which his guilt has been established.

A serviceman who has committed an unlawful action (inaction) intentionally or through negligence is found guilty of committing a disciplinary offense.

The guilt of a serviceman brought to disciplinary liability must be proven in the manner prescribed by federal laws and established by the decision of the commander (chief) or entered into legal force by order of a military court judge.

Bringing a serviceman to disciplinary liability does not relieve him from performing his duties, for failure to perform which a disciplinary sanction was applied.

Circumstances that mitigate, aggravate and exclude disciplinary liability, as well as those taken into account when imposing a disciplinary sanction, are determined by the Federal Law “On the Status of Military Personnel.”

48. A military serviceman subject to disciplinary liability has the right to give explanations, present evidence, and use the legal assistance of a defense attorney from the moment the judge of the garrison military court makes a decision to order a judicial review of materials about a gross disciplinary offense, and in the event of detention in connection with the commission of a gross disciplinary offense - from the moment of detention, at the end of the proceedings, familiarize yourself with all materials about the disciplinary offense, appeal the actions and decisions of the commander who is bringing him to disciplinary liability. A serviceman against whom proceedings are being conducted based on materials about a gross disciplinary offense also has the right to participate in the judicial review of these materials.

49. A military serviceman cannot be brought to disciplinary liability after one year from the date of committing a disciplinary offense, including in the case of refusal to initiate or terminate a criminal case against him, but if there are signs of a disciplinary offense in his actions (inaction).

The execution of a disciplinary sanction must begin before the expiration of the statute of limitations for bringing to disciplinary liability. If the execution of a disciplinary sanction is not started within the specified period, then it is not executed.

When bringing a serviceman to disciplinary liability, humiliation of his personal dignity, causing him physical suffering and showing rudeness towards him are not allowed.

50. When bringing a serviceman to disciplinary liability, the circumstances of his commission of a disciplinary offense are clarified and evidence is collected.

Evidence when bringing a serviceman to disciplinary liability is any factual data on the basis of which the commander (chief), considering materials about a disciplinary offense, establishes the presence or absence of circumstances in which the serviceman committed a disciplinary offense.

The following are accepted as evidence:

explanations of the serviceman subject to disciplinary liability;

explanations of persons who know the circumstances that are important for the correct resolution of the issue of bringing a serviceman to disciplinary liability;

conclusion and explanations of a specialist;

documentation;

indications of special technical means;

evidence.

The commander (chief), considering materials about a disciplinary offense, evaluates the evidence according to his inner conviction, based on a comprehensive, complete and objective study of all the circumstances of the commission of a disciplinary offense in their totality. The use of evidence obtained in violation of the legislation of the Russian Federation is not permitted.

The commander (chief) reviewing materials about a disciplinary offense is obliged to take the necessary measures to ensure the safety of material evidence and documents before making a decision based on the results of considering materials about a disciplinary offense.

The procedure for the return, transfer and destruction of material evidence is determined by the laws of the Russian Federation, other regulatory legal acts of the Russian Federation, this Charter (Appendix No. 6) and the Charter of the garrison, commandant and guard services of the Armed Forces of the Russian Federation (paragraph supplemented by Decree of the President of the Russian Federation of July 29, 2011 N 1039 - see previous edition).

51. In order to suppress a disciplinary offense, establish the identity of the violator, as well as prepare materials about a disciplinary offense and ensure their timely and correct consideration, the following measures may be applied to a military personnel to ensure the production of materials about a disciplinary offense:

delivery;

detention;

personal search, search of things carried by a serviceman, search of a vehicle;

seizure of things and documents;

temporary suspension from performance of official and (or) special duties;

suspension from driving;

medical examination.

The following have the right to apply these measures:

commanders (chiefs) from the company commander, their equals and higher - to military personnel subordinate to them in service;

duty officer at a military unit - to military personnel, junior or equal in military rank, serving in the same military unit with him, in urgent cases;

the chief of the garrison, the assistant chief of the garrison for the organization of garrison service, the military commandant of the garrison, the duty officer at the garrison (military commandant's office) - to military personnel when performing garrison, commandant and (or) guard duty; temporarily in garrison; located outside the location of a military unit, place of service (outside the garrison in which they are serving in military service) without identification documents and (or) the right to stay outside the location of a military unit, place of service (in a given garrison) (paragraph as amended by the Decree of the President of the Russian Federation Federation dated July 29, 2011 N 1039 - see previous edition);

heads of military communications on modes of transport, heads of military highways and military commandants of a railway (water) section and station (port, airport) - to military personnel while traveling along communications routes;

officials of the military automobile inspection of the garrison - to military personnel - drivers of vehicles of military units who have committed a disciplinary offense and (or) violation of the requirements of regulatory legal acts in the field of ensuring road safety;

a senior serviceman - to a junior serviceman in case of violation of military discipline by the latter in the case specified in Article 79 of this Charter.

The procedure for applying measures to ensure proceedings based on materials about a disciplinary offense is specified in Appendix No. 6.

52. When a serviceman commits a disciplinary offense, the commander (superior) may limit himself to reminding the serviceman of his duties and military duty, apply to him measures to ensure proceedings based on materials about the disciplinary offense, and, if necessary, subject him to disciplinary liability. At the same time, he must take into account that the penalty applied as a measure of strengthening military discipline and education of military personnel must correspond to the severity of the offense committed and the degree of guilt established by the commander (chief) as a result of the proceedings.

Remarks, censure, criticism of behavior or indications of omissions in service expressed by a commander (superior) to a subordinate orally or in writing are not disciplinary sanctions.

53. For the purpose of public condemnation of a military personnel who has committed a disciplinary offense or violated the norms of international humanitarian law, by decision of the commander (chief), the following may be considered and discussed: soldiers and sailors - at meetings of personnel; sergeants and foremen - at meetings of sergeants and foremen; warrant officers and midshipmen - at meetings of warrant officers and midshipmen; officers - at officer meetings.

Chapter 4. Disciplinary sanctions

General provisions

54. Disciplinary action is a measure of responsibility established by the state for a disciplinary offense committed by a military serviceman, and is applied to prevent the commission of disciplinary offenses.

The following types of disciplinary sanctions may be applied to a military personnel:

severe reprimand;

deprivation of regular dismissal from a military unit or from a ship to shore;

deprivation of an excellent student badge;

warning about incomplete professional compliance;

reduction in military rank;

reduction in military rank by one step;

reduction in military rank by one step with a reduction in military position;

early dismissal from military service due to failure to fulfill the terms of the contract;

expulsion from a military educational institution of vocational education;

deduction from military training;

disciplinary arrest.

Disciplinary sanctions applied to soldiers, sailors, sergeants and petty officers

55. The following types of disciplinary sanctions may be applied to soldiers, sailors, sergeants and foremen:

a) reprimand;

b) severe reprimand;

c) deprivation of the next dismissal from a military unit or from a ship to shore;

d) deprivation of the badge of excellence;

e) warning about incomplete official compliance;

f) reduction in the military position of corporal (senior sailor) and sergeant (foreman);

g) reduction in the military rank of corporal (senior sailor) and sergeant (sergeant major);

h) reduction in military rank with reduction in the military position of corporal (senior sailor) and sergeant (sergeant major);

i) early dismissal from military service due to failure to fulfill the terms of the contract;

j) disciplinary arrest.

All types of disciplinary sanctions specified in this article are applied to soldiers, sailors, sergeants and foremen undergoing military service under conscription, with the exception of those provided for in paragraphs “e” and “i”, and for those undergoing military service under a contract - with the exception of those provided for in paragraph "V".

For female military personnel undergoing military service as soldiers, sailors, sergeants and foremen, the disciplinary sanction provided for in paragraph “j” of this article is not applied.

In addition to the disciplinary sanctions specified in this article (with the exception of the disciplinary sanction provided for in paragraph “i”), cadets of military educational institutions of vocational education may be subject to a disciplinary sanction - expulsion from the military educational institution of vocational education.

The rights of commanders (chiefs) to apply disciplinary sanctions to the soldiers, sailors, sergeants and foremen subordinate to them

56. The squad commander, deputy platoon commander, company (team) foreman and platoon (group) commander have the right:

b) deprive soldiers and sailors of their next discharge from the location of a military unit or from a ship to shore.

57. The commander of a company (combat boat, ship of 4th rank) has the right:

a) issue a reprimand and severe reprimand;

c) warn about incomplete performance of soldiers and sailors.

58. The battalion commander has the right:

a) issue a reprimand and severe reprimand;

b) deprive soldiers, sailors, sergeants and foremen of their next discharge from a military unit or from a ship to shore;

c) warn about incomplete service compliance of soldiers, sailors, sergeants and foremen.

The commander of a separate battalion (ship of the 2nd and 3rd rank), as well as the commander of a separate military unit, who, in accordance with Article 11 of this Charter, uses the disciplinary power of the battalion commander, in addition, have the right to apply disciplinary sanctions provided for in paragraphs “e” - “g” of the article 59 of this Charter.

59. The commander of a regiment (ship of 1st rank) has the right:

a) issue a reprimand and severe reprimand;

b) deprive soldiers, sailors, sergeants and foremen of their next discharge from a military unit or from a ship to shore;

c) warn about incomplete service compliance of soldiers, sailors, sergeants and foremen;

d) deprive an excellent student of the badge;

e) reduce the military ranks of corporals, senior sailors, sergeants and foremen;

f) reduce the military rank of corporals, senior sailors, sergeants and foremen by one step from senior sergeant, chief petty officer and below, including a reduction in military rank;

g) early dismissal from military service due to failure to fulfill the terms of the contract of soldiers, sailors, sergeants and foremen.

60. The division commander, corps (squadron) commander, army (flotilla) commander and commander of the military district, front, fleet and their equals in relation to the soldiers, sailors, sergeants and foremen subordinate to them have the right to apply disciplinary sanctions to the full extent of this Charter.

Disciplinary sanctions applied to warrant officers and midshipmen

61. The following types of disciplinary sanctions may be applied to warrant officers and midshipmen:

a) reprimand;

b) severe reprimand;

e) early dismissal from military service due to failure to fulfill the terms of the contract;

f) disciplinary arrest.

The penalty provided for in paragraph "e" of this article is not applied to female military personnel serving as warrant officers and midshipmen.

The rights of commanders (chiefs) to apply disciplinary sanctions to warrant officers and midshipmen subordinate to them

62. The platoon (group) commander, company commander (combat boat, rank 4 ship), battalion commander have the right to issue a reprimand and severe reprimand.

63. The commander of a regiment (ship of 1st rank) has the right:

a) issue a reprimand and severe reprimand;

64. The division commander and corps (squadron) commander have the right:

a) issue a reprimand and severe reprimand;

c) reduce in military rank.

65. The commander of an army (flotilla) has the right:

a) issue a reprimand and severe reprimand;

b) warn about incomplete official compliance;

c) reduce in military rank;

d) early dismissal from military service due to failure to fulfill the terms of the contract.

66. The commanders of the troops of the military district, front, fleet and their peers in relation to the warrant officers and midshipmen subordinate to them have the right to apply disciplinary sanctions to the full extent of this Charter.

Disciplinary sanctions applied to officers

67. The following types of disciplinary sanctions may be applied to junior and senior officers:

a) reprimand;

b) severe reprimand;

c) warning about incomplete official compliance;

d) reduction in military rank;

e) early dismissal from military service due to failure to fulfill the terms of the contract.

68. The following types of disciplinary sanctions may be applied to senior officers:

a) reprimand;

b) severe reprimand;

c) warning about incomplete official compliance;

d) reduction in military rank.

The rights of commanders (chiefs) to apply disciplinary sanctions to officers subordinate to them

69. The company commander (combat boat, rank 4 ship) and the battalion commander have the right to issue a reprimand and severe reprimand.

The commander of a separate battalion (ship of the 2nd and 3rd rank), as well as the commander of a separate military unit, who, in accordance with Article 11 of this Charter, uses the disciplinary power of the battalion commander, in addition, have the right to warn about incomplete performance.

70. The regiment commander (ship of the 1st rank) and the division commander have the right:

a) issue a reprimand and severe reprimand;

b) warn about incomplete official compliance.

71. The commander of a corps (squadron) and the commander of an army (flotilla) in relation to junior and senior officers have the right:

a) issue a reprimand and severe reprimand;

b) warn about incomplete official compliance.

In relation to senior officers, the corps (squadron) commander has the right to issue a reprimand and severe reprimand, and the army (flotilla) commander, in addition, warns about incomplete service compliance.

72. Commanders of troops of a military district, front, fleet and their equals have the right:

in relation to junior and senior officers:

a) issue a reprimand and severe reprimand;

b) warn about incomplete official compliance;

c) demote officers from battalion commanders, equals and lower in military rank;

d) early dismissal from military service due to failure to fulfill the terms of the contract of officers from company commanders, commanders of combat boats and ships of rank 4, their peers and below;

in relation to senior officers:

a) issue a reprimand and severe reprimand;

b) warn about incomplete official compliance.

73. Deputy Ministers of Defense, commanders-in-chief of branches of the Armed Forces of the Russian Federation and their equals, in addition to the rights granted to the commander of the troops of a military district, front, fleet and their equals, have the right:

a) demote in military positions officers from deputy regiment commanders, senior assistant commanders of ships of the 1st rank, their peers and below;

b) early dismissal from military service due to failure to fulfill the terms of the contract of officers from battalion commanders, their equals and below.

Disciplinary sanctions applied to citizens called up for military training

74. Disciplinary sanctions may be applied to citizens called up for military training in full, with the exception of those provided for in paragraphs “c” and “d” of Article 55, paragraph “d” of Article 61 and paragraph “e” of Article 67 of this Charter. In addition, a disciplinary sanction may be applied to them - deduction from military training.

Application of disciplinary sanctions in special cases

75. Chiefs of garrisons, assistant chiefs of garrisons for the organization of garrison service, senior naval commanders and military commandants of garrisons have the right to apply disciplinary sanctions to military personnel serving in a garrison or temporarily staying in a garrison in the following cases (paragraph supplemented by Decree of the President of the Russian Federation dated July 29, 2011 N 1039 - see previous edition):

a) when the disciplinary offense concerns violation of the rules for performing garrison, commandant or guard duty (the paragraph was supplemented by Decree of the President of the Russian Federation of July 29, 2011 N 1039 - see the previous edition);

b) when a disciplinary offense was committed outside the location of a military unit;

c) when a disciplinary offense was committed while on vacation, a business trip or in a garrison guardhouse.

Heads of military communications on modes of transport, heads of military highways and military commandants of a railway (water) section and station (port, airport) have the right to apply disciplinary sanctions to military personnel for committing disciplinary offenses while traveling along communications routes.

76. In relation to military personnel who have committed disciplinary offenses in the cases specified in Article 75 of this Charter, superiors enjoy the following disciplinary rights:

the chief of the garrison and the senior naval commander - by the authority granted to him by his main regular military position;

the head of military communications on modes of transport and the head of the military highway - by authority in accordance with the military rank provided by the state for the military position held (Article 11 of this Charter);

military commandant of the garrison, military commandant of the railway (water) section and station (port, airport), assistant to the chief of the garrison for the organization of garrison service - an authority one level higher than the rights granted to them in accordance with the military rank provided for by the state for the military position held (paragraph supplemented by Decree of the President of the Russian Federation dated July 29, 2011 N 1039 - see previous edition).

77. The commanders who applied penalties in accordance with Articles 75 and 76 of this Charter inform the commanders of the military units in which the military personnel who committed disciplinary offenses are serving in military service, and make a corresponding note on the vacation ticket, travel certificate or order.

Upon arrival at the place of permanent military service, a military serviceman is obliged to report to his immediate superior about the application of a disciplinary sanction to him.

A serviceman who fails to report a penalty applied to him bears disciplinary liability for this.

78. When performing duties jointly by military personnel who are not subordinate to each other, if their service relationship is not determined by the commander (chief), the superior of them in military position, and in the case of equal positions, the senior in military rank, is the superior and enjoys the disciplinary power granted to him by occupied military position or military rank.

79. If a junior serviceman violates military discipline in the presence of a senior serviceman, the senior serviceman is obliged to give the junior serviceman a reminder and, if it does not take effect, may apply other measures established by general military regulations, up to and including delivering him to the military commandant’s office of the garrison.

Procedure for applying disciplinary sanctions

80. Only those disciplinary sanctions that are determined by this Charter, correspond to the military rank of the serviceman and the disciplinary authority of the commander (chief) who makes the decision to bring the offender to disciplinary liability can be applied to a military personnel who has committed a disciplinary offense.

81. The decision by the commander (chief) to apply a disciplinary sanction to a subordinate serviceman is preceded by a trial.

The proceedings are carried out in order to identify the perpetrators, identify the causes and conditions that contributed to the commission of a disciplinary offense.

The proceedings, as a rule, are conducted by the immediate commander (superior) of the serviceman who committed the disciplinary offense, or by another person appointed by one of the direct commanders (superiors). In this case, the serviceman appointed to conduct the proceedings must have a military rank and military position not lower than the military rank and military position of the serviceman who committed the disciplinary offense.

In the cases specified in Article 75 of this Charter, the proceedings are conducted by the head of the garrison, the senior naval commander, the military commandant of the garrison, the head of military communications on modes of transport, the head of military roads, the military commandant of the railway (water) section and station (port, airport) or persons appointed by them.

The proceedings, as a rule, are conducted without the preparation of written materials, except for cases where the commander (chief) has demanded that the materials of the proceedings be submitted in writing.

The materials of the proceedings on gross disciplinary offenses are documented only in writing.

During the proceedings it must be established:

event of a disciplinary offense (time, place, method and other circumstances of its commission);

the person who committed the disciplinary offense;

the serviceman’s guilt in committing a disciplinary offense, the form of guilt and the motives for committing a disciplinary offense;

data characterizing the personality of the serviceman who committed a disciplinary offense;

the presence and nature of the harmful consequences of a disciplinary offense;

circumstances excluding disciplinary liability of a serviceman;

circumstances mitigating disciplinary liability and circumstances aggravating disciplinary liability;

the nature and degree of participation of each of the military personnel in the commission of a disciplinary offense by several persons;

reasons and conditions that contributed to the commission of a disciplinary offense;

other circumstances that are important for the correct resolution of the issue of bringing a serviceman to disciplinary liability.

The commander (chief) has the right to decide to punish a serviceman who has committed a disciplinary offense using his own authority or, within up to 10 days, to submit to a superior commander (chief) the materials of the investigation on the commission of a disciplinary offense by the serviceman for a decision to be made.

When a serviceman commits a gross disciplinary offense (Appendix No. 7) or upon receiving information about its commission, the immediate commander (chief) of the serviceman is obliged to immediately report this in the prescribed manner to the commander of the military unit.

The commander of a military unit decides to conduct an investigation into the commission of a gross disciplinary offense and appoints someone responsible for its conduct.

The investigation into the fact that a serviceman has committed a gross disciplinary offense ends with the drawing up of a protocol (Appendix No. 8). When conducting proceedings regarding the commission of a gross disciplinary offense by a group of military personnel, a protocol is drawn up in relation to each of these military personnel.

The protocol, along with the materials of the proceedings, is provided for review to the serviceman who has committed a gross disciplinary offense, after which it is sent to the commander of the military unit for consideration. The commander (chief) or the person who conducted the proceedings sends a proposal to the commander of the military unit regarding the period of disciplinary arrest that would be appropriate to assign to the serviceman, or to apply another type of disciplinary sanction to him.

The commander of a military unit is obliged, within up to two days, to review the protocol and materials on the commission of a gross disciplinary offense and make a decision either to send them to the garrison military court, or to apply another disciplinary sanction to the serviceman as provided for in this Charter.

In cases where the circumstances of a serviceman committing a gross disciplinary offense are established by a previously conducted audit, inspection or administrative investigation or materials on an administrative offense, a hearing by the commander of the military unit may not be ordered. If a trial is not scheduled, the commander of the military unit appoints an officer to draw up a protocol and determines the period for its preparation, which should not exceed three days.

If during the proceedings it turns out that the disciplinary offense contains signs of a crime, the commander of the military unit, in accordance with the legislation of the Russian Federation, initiates a criminal case, notifies the military prosecutor and the head of the military investigative body of the Investigative Committee of the Russian Federation (paragraph as amended, entered into force on 15 January 2011 by Decree of the President of the Russian Federation dated January 14, 2011 N 38 - see previous edition).

82. When imposing a disciplinary sanction, the nature of the disciplinary offense, the circumstances and consequences of its commission, the form of guilt, the personality of the serviceman who committed the disciplinary offense, and circumstances mitigating and aggravating disciplinary liability are taken into account.

The severity of the disciplinary sanction increases if the disciplinary offense was committed while on combat duty (combat service) or while performing other official or special duties, while intoxicated, or if its consequence was a significant violation of internal order.

83. The application of a disciplinary sanction to a military personnel who has committed a disciplinary offense is carried out within 10 days from the day when the commander (chief) became aware of the disciplinary offense committed (not counting the time for conducting proceedings, proceedings in a criminal case or in a case of an administrative offense , the time of illness of the serviceman, his being on a business trip or leave, as well as the time he performed a combat mission), but before the expiration of the statute of limitations for bringing the serviceman to disciplinary liability.

A serviceman who considers himself innocent has the right to file a complaint within 10 days from the date of application of the disciplinary sanction.

84. The application of a disciplinary sanction to a serviceman who is part of a daily detachment (on combat duty), for a disciplinary offense committed by him during service, is carried out after a change from the detachment (combat duty) or after replacing him with another military personnel.

85. The application of a disciplinary sanction to a serviceman who is in a state of intoxication, as well as obtaining any explanations from him, are carried out after he has sobered up. In this case, detention may be applied to the serviceman (Appendix No. 6), after which a decision is made to bring him to disciplinary liability.

86. It is prohibited to apply several disciplinary sanctions for the same disciplinary offense, or to combine one punishment with another, or to apply a punishment to the entire personnel of the unit instead of punishing the direct culprits.

87. If a commander (chief), due to the gravity of a disciplinary offense committed by a subordinate, considers the disciplinary power granted to him to be insufficient, he initiates a petition to apply a disciplinary sanction to the perpetrator by the authority of a superior commander (chief).

The petition is drawn up in the form of a report and submitted to a higher commander (chief) within 10 days from the day it became known about the disciplinary offense committed.

A commander (chief) who has exceeded the disciplinary authority granted to him bears responsibility for this.

88. A superior commander (chief) does not have the right to cancel or reduce a disciplinary sanction applied by a subordinate commander (chief) due to the severity of the penalty, unless the latter exceeded the authority granted to him.

A superior commander (chief) has the right to cancel a disciplinary sanction applied by a subordinate commander (chief) if he considers that this sanction does not correspond to the gravity of the disciplinary offense committed, and to apply a more severe disciplinary sanction.

89. A military serviceman to whom a disciplinary sanction has been applied for an offense committed is not exempt from criminal and financial liability.

Procedure for execution of disciplinary sanctions

90. A disciplinary sanction is carried out, as a rule, immediately, and in exceptional cases - no later than the expiration of the statute of limitations for bringing a military serviceman to disciplinary liability. After the statute of limitations has expired, the collection is not executed, but a record of it is retained in the service card. In the latter case, the person through whose fault the applied penalty was not executed bears disciplinary liability.

The decision of the judge of the garrison military court to impose disciplinary arrest is executed immediately.

The execution of a disciplinary sanction when filing a complaint is not suspended unless there is an order from a higher commander (chief) to cancel it, and in the case of a disciplinary arrest - a decision of a higher judicial body.

Early termination of the execution of a disciplinary sanction is carried out in the manner established by the legislation of the Russian Federation.

91. The disciplinary sanctions applied are announced:

soldiers and sailors - in person or in front of the ranks;

to sergeants and foremen - in person, at a meeting or in front of a formation of sergeants or foremen;

for warrant officers and midshipmen - in person, at a meeting of warrant officers or midshipmen, as well as at a meeting of warrant officers, midshipmen and officers;

officers - in person or at a meeting (senior officers - in the presence of senior officers, senior officers - in the presence of senior officers).

In addition, disciplinary sanctions may be announced in an order.

It is prohibited to announce disciplinary sanctions to commanders (superiors) in the presence of their subordinates.

When a disciplinary sanction is announced to a serviceman, the reason for the punishment and the essence of the disciplinary offense are indicated.

92. Disciplinary sanctions - reprimand, severe reprimand - are announced to a military personnel in the manner specified in Article 91 of this Charter.

93. Disciplinary sanction - deprivation of the next dismissal from the location of a military unit or from a ship to shore - is applied to military personnel undergoing military service upon conscription, and means a prohibition on leaving a military unit for seven days without official necessity (going from a ship to shore) , including participating in collective (as part of a unit) visits to cultural and leisure institutions and recreational facilities located outside the military camp.

94. Disciplinary arrest is an extreme measure of disciplinary action and consists of keeping a serviceman in isolation in a garrison or military (ship) guardhouse.

Disciplinary arrest is applied to a military serviceman only in exceptional cases and only for a gross disciplinary offense committed by him. If a gross disciplinary offense is an administrative offense, then disciplinary arrest can be applied only in the case where the Code of the Russian Federation on Administrative Offenses provides for administrative punishment in the form of administrative arrest for such an administrative offense.

Disciplinary arrest is imposed for a period of up to 30 days for one or more gross disciplinary offenses. If a gross disciplinary offense is an administrative offense, then the period of disciplinary arrest is established within the period of administrative arrest established for such an administrative offense by the Code of the Russian Federation on Administrative Offences.

Disciplinary arrest for several gross disciplinary offenses is imposed by absorbing a less severe disciplinary sanction with a more severe one, or by partially or completely adding up the terms of arrest within the period established by the legislation of the Russian Federation.

Disciplinary arrest for a gross disciplinary offense committed while serving a disciplinary arrest is imposed by partial or complete addition of the terms of arrest. In this case, the continuous period of stay of the serviceman under disciplinary arrest should not exceed 45 days.

The term of disciplinary arrest includes the period of detention of the military man (if such a measure to ensure the proceedings on the materials of the disciplinary offense was applied to the military man) in connection with his commission of a disciplinary offense for which disciplinary arrest was imposed.

While serving a disciplinary arrest, a serviceman cannot be excluded from the lists of personnel of a military unit in connection with dismissal from military service (expulsion from military training or the end of military training), except in the case of a military medical commission declaring him unfit for military service, and the serviceman , performing military service under a contract in a military position for which the state provides for a military rank up to and including chief petty officer, and a military serviceman undergoing military service by conscription, also with the exception of the case where he is recognized by a military medical commission as limitedly fit for military service.

Disciplinary arrest does not apply to officers, military personnel who have not taken the Military Oath (who have not taken an obligation), military personnel under 18 years of age, and female military personnel.

Disciplinary arrest is carried out only in relation to a military personnel who, for health reasons, can be held under disciplinary arrest.

The time spent serving a disciplinary arrest is not counted towards the period of military service.

The list of gross disciplinary offenses and the procedure for executing disciplinary arrest ordered by the judge of the garrison military court are set out in Appendix No. 7 to this Charter.

95. Disciplinary action - deprivation of the badge of excellence - is announced by order of the commander of the military unit and is carried out in relation to: soldiers and sailors - in front of the formation of the military unit; sergeants and foremen - in front of the line of sergeants and foremen.

96. Disciplinary sanction - a warning about incomplete official compliance - is applied once during the stay of a serviceman performing military service under a contract in his regular military position.

After a year after the application of this disciplinary sanction, the commander (chief), within up to 30 days, makes a decision (petition) to remove this disciplinary sanction or, if the serviceman has not corrected his behavior by exemplary performance of military duty and the sanction did not play its educational role, to reduce this serviceman in a military position or his early dismissal from military service in accordance with the established procedure.

A serviceman may be subject to reduction in military position or early dismissal from military service before the expiration of this disciplinary sanction in the event of systematic violation of the performance of official and (or) special duties.

97. Disciplinary sanction - reduction in military position - is applied to all military personnel, is announced by order of the commander of a military unit and is executed without the consent of the serviceman to move to a lower military position.

98. Disciplinary action - reduction in the military rank of corporal (senior sailor) and sergeant (sergeant major), including reduction in military position - is announced by order of the commander of the military unit.

For a serviceman to whom a disciplinary sanction has been applied - a reduction in military rank by one step - when the penalty is announced, the time for replacing the corresponding insignia is determined. It is prohibited to tear off shoulder straps, cut off stripes and other actions that humiliate the personal dignity of a serviceman.

99. Disciplinary sanction - early dismissal from military service due to failure to comply with the terms of the contract - is applied to a soldier serving under a contract for his failure to fulfill the terms of the contract and is carried out without his consent.

If at the time of early dismissal the serviceman has not served fixed time military service by conscription, he is sent to perform military service by conscription with crediting two months of military service under a contract for one month of military service by conscription.

100. Disciplinary sanction - expulsion from a military educational institution of vocational education - is applied to cadets of a military educational institution of vocational education for one or more gross disciplinary offenses committed by them upon the recommendation of the head of the military educational institution of vocational education by order of the commander (chief) to whom such a right is granted.

101. Disciplinary sanction - deduction from military training - is applied to citizens called up for military training for one or more gross disciplinary offenses committed by them and is announced by order of the commander of the military unit in which the citizen called up for military training is undergoing military training.

In this case, the time spent at military training for a citizen called up for military training is not counted.

Chapter 5. Accounting for rewards and disciplinary sanctions

102. Immediate commanders (chiefs) must report to the command on the use of incentives and disciplinary sanctions:

for soldiers, sailors, sergeants and foremen - to company commanders and their equals daily;

for warrant officers, midshipmen and officers (except for senior officers) - to commanders of military units weekly;

for commanders of military units, as well as senior officers - to the higher headquarters (military command body) monthly.

103. Records of rewards and disciplinary sanctions are kept in all divisions and military units.

All incentives and disciplinary sanctions provided for by this Charter, including incentives announced by the commander (chief) to all personnel of a military unit (unit), are entered into the service card (Appendix No. 3) no later than within seven days.

When a disciplinary sanction is lifted from a serviceman, a note is made on the service card, in the corresponding column of the “Disciplinary sanctions” section, about when and by whom the sanction was lifted.

If a disciplinary sanction applied to a serviceman (except for those provided for in Article 36 of this Charter) is not lifted after the expiration of a year and during this period he does not commit another disciplinary offense, a note is made in the corresponding column of the section “Disciplinary sanctions” that after the expiration of the period of punishment removed.

Service cards are maintained:

a) in a company - for soldiers and sergeants;

b) at the headquarters of a military unit - for officers and warrant officers;

c) on ships of 1st and 2nd rank: for sailors and foremen - in combat units, services and individual teams; for officers and midshipmen - assistant ship commander;

d) on ships of the 3rd rank - as an assistant to the ship’s commander for the entire personnel of the ship;

e) on combat boats and ships of rank 4 - at the division headquarters for all personnel of the division.

Service cards for commanders of military units and formations, as well as for senior officers, are maintained at a higher headquarters (military command authority).

104. Each entry in the service card for soldiers, sailors, sergeants and foremen must be certified by the commander of the company (relevant unit), for officers and warrant officers - by the chief of staff of the military unit, for commanders of military units, formations and senior officers - by the chief of a higher headquarters (organ military administration).

105. Commanders of battalions, regiments, ships and their peers are required to periodically review service cards to verify the correct application of incentives and penalties. Every serviceman, once every six months, as well as before moving or transferring to a new duty station, must be familiarized with his service card under a personal signature.

When a service member is moved or transferred, the service card is sent to the new duty station, and a record is made on it about the total number of incentives and disciplinary sanctions, which is certified by the official seal of the military unit.

When a serviceman is assigned the military rank of warrant officer, midshipman, first officer rank, as well as the first rank of senior officer or senior officer, a new service card is created for him, in which disciplinary sanctions previously applied to the serviceman are not entered, but only incentives are entered, except for incentives in the form of withdrawal previously applied penalty. The previous service card is destroyed.

Chapter 6. About appeals (proposals, statements or complaints)

106. Military personnel have the right to apply in person, as well as send written appeals (proposals, statements or complaints) to state bodies, local government bodies and officials in the manner prescribed by the laws of the Russian Federation, other regulatory legal acts of the Russian Federation and this Charter.

A serviceman who became aware of facts of theft or damage to military property, illegal expenditure Money, abuses, deficiencies in the maintenance of weapons and military equipment or other facts of damage to the Armed Forces of the Russian Federation, is obliged to report this to the immediate commander (chief), and also send a written appeal (proposal) to eliminate these shortcomings or a statement (complaint) to a higher commander ( boss).

Written appeals sent to military personnel and military unit officials are presented in the form of a report.

107. Officials of a military unit must be attentive to received requests (proposals, statements or complaints). They are personally responsible for their timely consideration and action.

Officials of the military unit are obliged to consider the received appeal (proposal, application or complaint) and, if it is considered justified, immediately take measures to implement the proposal or satisfy the request of the person who submitted the appeal (proposal, application or complaint), identify and eliminate the reasons that caused it , as well as use the information contained in the appeal (proposal, statement or complaint) to study the state of affairs in the military unit (unit).

108. A serviceman files a complaint against illegal actions (inaction) of a commander (superior) or other military personnel, a violation of the rights and freedoms established by the laws of the Russian Federation, dissatisfaction with his required types of allowance to the immediate commander (superior) of the person whose actions he is appealing, and if the person filing the complaint does not know through whose fault his rights were violated, the complaint is filed on command.

The serviceman who submitted the appeal (proposal, application or complaint) is not exempted from carrying out orders and his official and special duties.

109. A serviceman who has submitted an appeal (proposal, application or complaint) has the right:

submit additional materials or apply for their request by the commander (chief) or the body considering the appeal (proposal, application or complaint);

get acquainted with documents and materials related to the consideration of his application (proposals, applications or complaints), if this does not affect the rights, freedoms and legitimate interests of other persons and if these documents and materials do not contain information containing state or other secrets protected by federal law;

receive a written response on the merits of the questions raised in the appeal (proposal, application or complaint) or a notification about forwarding the written appeal (proposal, application or complaint) to other bodies or officials whose competence includes resolving these issues;

file a complaint against a decision taken on an appeal (proposal, application or complaint) or against actions (inaction) in connection with the consideration of an appeal (proposal, application or complaint) in administrative and (or) judicial proceedings in accordance with the legislation of the Russian Federation;

apply for termination of consideration of the appeal (proposal, application or complaint).

110. It is prohibited to submit an appeal (proposal, statement or complaint) while on combat duty (combat service), while in service (with the exception of appeals (proposals, statements or complaints) submitted during a survey of military personnel), on guard, on watch, as well as in a different outfit and in classes.

111. It is prohibited to prevent military personnel from submitting an appeal (proposal, statement or complaint) and subject him to punishment, persecution or disadvantage in service for this. The commander (chief) who is guilty of this, as well as the serviceman who filed a knowingly false statement (complaint), is held accountable in accordance with the legislation of the Russian Federation.

112. During a survey of military personnel, an appeal (suggestion, statement or complaint) can be stated orally or submitted in writing directly to the person conducting the survey.

Military personnel who were absent from the survey for any reason may submit an appeal (suggestion, application or complaint) in writing directly to the commander (chief) who conducted the survey.

113. Personal reception of military personnel in military units is carried out by the commander of the military unit and his deputies.

Information about the place of reception, as well as the days and hours established for reception, is brought to the attention of military personnel in the prescribed manner.

Upon personal reception, the serviceman presents a document proving his identity.

If an appeal (proposal, statement or complaint) contains issues the resolution of which is not within the competence of an official of a military unit, the serviceman is given an explanation of where and in what order he should apply.

During a personal reception, a serviceman may be denied further consideration of an appeal (proposal, application or complaint) if he was previously given an answer on the merits of the questions posed in it.

114. If an appeal (proposal, application or complaint) contains issues that are not within the competence of an official of a military unit, then the official who received the appeal (proposal, application or complaint), no later than seven days from the date of registration, sends it to the relevant body or the relevant official whose competence includes resolving the issues raised, and notifies the serviceman who sent the appeal (proposal, application or complaint) about this.

It is prohibited to forward an appeal (proposal, statement or complaint) for consideration to those bodies or officials whose actions are being appealed. In such cases, the appeal is returned to the serviceman with an explanation of his rights to appeal the relevant decisions or actions (inaction) to the court in the prescribed manner.

115. An appeal (proposal, statement or complaint) is considered resolved if all the questions raised in it are considered, the necessary measures are taken on it and comprehensive answers are given in accordance with the legislation of the Russian Federation.

Refusal to satisfy the requests set out in the appeal (proposal, statement or complaint) is brought to the attention of the serviceman who submitted it with reference to the laws of the Russian Federation, other regulatory legal acts of the Russian Federation and (or) general military regulations, indicating the reasons for the refusal and explaining the procedure for appealing the decision made.

116. All appeals (proposals, statements or complaints) are subject to mandatory consideration within 30 days from the date of registration.

In exceptional cases, as well as when in order to resolve an appeal (proposal, application or complaint) it is necessary to conduct a special inspection, request additional materials or taking other measures, the period for resolving the appeal (proposal, application or complaint) may be extended by the commander of the military unit, but not more than 30 days, with notification of this to the serviceman who submitted the appeal (proposal, application or complaint).

117. When considering an appeal (proposal, application or complaint), disclosure of the information contained in it, as well as information relating to privacy serviceman, without his consent. The submission of this appeal (proposal, application or complaint) to the body or official whose competence includes resolving the issues raised in it does not constitute disclosure of information contained in an appeal (proposal, application or complaint).

118. Commanders of military units are required to conduct an internal audit of the status of work on consideration of requests (proposals, statements or complaints) at least once a quarter. To conduct such an inspection, a commission is created by order of the relevant commander (chief). Based on the results of the commission’s work, a analytical report, which is stored together with materials on organizing work with requests (proposals, statements or complaints) in the affairs of a military unit.

119. Appeals (proposals, statements or complaints) received by a military unit are registered within a period of no more than three days in the Book of Written Appeals (proposals, statements or complaints) of the military unit (Appendix No. 4) and are mandatory reported to the commander of the military unit and/or the relevant official.

During a personal reception, the content of an oral appeal (proposal, statement or complaint) is entered into the personal reception card (Appendix No. 5), and a written appeal (proposal, statement or complaint) is registered in the prescribed manner.

A book of records of written requests (proposals, statements or complaints) and personal reception cards are maintained and stored at the headquarters of the military unit (military command authority).

120. A record book of written requests (proposals, statements or complaints) and personal reception cards are presented to verify the timeliness and correctness of execution decisions made: to the commander of a military unit - monthly, to inspectors (verifiers) - at their request.

The book of written requests (proposals, statements or complaints) must be numbered, laced, sealed with a mastic seal and certified by the commander of the military unit.

Appendix No. 1

to the Disciplinary Regulations

Armed Forces

Russian Federation

(to article 11)

COMPARATIVE TABLE OF DISCIPLINARY RIGHTS BY TYPICAL MILITARY POSITIONS OF MILITARY SERVICEMEN OF THE ARMED FORCES OF THE RUSSIAN FEDERATION

Military positions

Ship positions

Squad leader, crew leader,
calculation

Part-commander

Deputy Platoon Leader

Company sergeant, battery,
air squadrons

Foreman of a team, group, tower,
batteries

Platoon commander

Group commander, turrets

Company commander, battery,
air unit, separate platoon

Commander of a combat boat, ship
4 ranks, batteries, warhead
(services) of a ship of 2nd and 3rd rank

Commander of a battalion, division,
air squadrons, separate company
(batteries)

Commander of Ship Division 4
rank, combat unit (service)
1st rank ship

Commander of a separate battalion
(division, air squadron)

Ship commander 2nd and 3rd rank,
division of ships of rank 3

Commander of a regiment, brigade

Commander of a 1st rank ship

Division commander, separate
brigade, district chief
training center

Commander of a division, brigade
ships

Corps commander

Squadron commander

Army commander

Flotilla Commander

Commander of military forces
district, front

Fleet Commander

Appendix No. 2

to the Disciplinary Regulations

Armed Forces

Russian Federation

(to articles 19, 20, 24,

26, 30, 33, 43)

BOOK OF HONOR OF A MILITARY UNIT (SHIP)

1. The Book of Honor of a military unit (ship) (hereinafter referred to as the Book of Honor) is kept in all regiments (on ships of the 1st rank), in a separate military unit (on ships of the 2nd and 3rd ranks), as well as in the headquarters of divisions of combat boats (ships of the 4th rank ).

2. Military ranks, surnames, first names and patronymics of military personnel are entered in the Book of Honor as an incentive in accordance with this Charter.

Entry into the Book of Honor is carried out by order of the commander of the military unit (ship). The Book of Honor contains a photograph of a serviceman and outlines a summary of his achievements or feat.

3. The storage location of the Book of Honor is determined by the commander of the military unit (ship), so that it corresponds to its significance and provides the opportunity for personnel to familiarize themselves with it.

Appendix No. 3

to the Disciplinary Regulations

Armed Forces

Russian Federation

(to Article 103)

Front side

Service card

Company (team) of the military unit _______________________

4. Since what year in military service ________________________________

Promotions

Type of promotion

When applied (date and
order number)

Rewarded by whom

Reverse side

Disciplinary action

Separate sheet

Reference list

Appendix No. 4

to the Disciplinary Regulations

Armed Forces

Russian Federation

(to Article 119)

LEDGER

written requests (proposals, statements or complaints)

______________________________________________________________

(conventional name of a military unit, military command body)

date
pos-
stupid-
le-
nia

Brief
containing-
discussion
expansions
(offered
marriages,
declared
nia or
complaints)

Who should -
is considered
looking
appeals
(suggested
tions, statements
lenition or
complaints)

Term
is-
floor-
Not-
nia

Accepted by
treatment
(suggested
nyu, statement
laziness or
complaint) re-
sewing and yes-
and his
ideas

Date and number
answer to
appeal
(suggested
statement, statement
burning or burning
forehead) or
its transfer
resations

The thing is
which
hemmed
document
cops

Appendix No. 5

to the Disciplinary Regulations

Armed Forces

Russian Federation

(to Article 119)

Personal reception card

Front side

Surname ______________________________________________________

Name Patronymic name __________________________________________________

Address _________________________________________________________

Date of receipt ___________________________________________________

Who held the reception _____________________________________________________

(position, surname, first name, patronymic)

A written request has been accepted. Sent to _____________________

_________________________________ "__" _________________ 20__

Registration number ______________________________

Reverse side

A note on the results of the reception (the request was granted, the request was refused, the necessary explanations were given, an order was issued, etc.) ________________________________________________________________

________________________________________________________________

________________________________________________________________

Note:

________________________________________________________________

Appendix No. 6

to the Disciplinary Regulations

Armed Forces

Russian Federation

(to articles 50, 51, 79, 85)

PROCEDURE FOR APPLICATION OF MEASURES TO ENSURE PRODUCTION ON MATERIALS ABOUT DISCIPLINARY OFFENSE

1. Delivery, that is, forced transportation, of a serviceman is carried out to the office premises of a military unit or military commandant’s office.

Delivery must be made as soon as possible.

2. Detention, that is, short-term restriction of freedom, can be applied to a military serviceman in exceptional cases, if this is necessary to establish the identity of the offender, prepare materials about a gross disciplinary offense and ensure their timely and correct consideration.

The commander of the military unit in which the serviceman is undergoing military service (military training) is notified of the detention of a serviceman. At the request of a detained serviceman, the defense attorney is notified of his whereabouts as soon as possible, and at the request of a serviceman serving under a contract, the relatives indicated by him are also notified.

The period of detention of a serviceman is calculated from the moment of his delivery, and for a serviceman in a state of intoxication - from the time of his sobering up and should not exceed three hours, and if disciplinary arrest can be applied to the serviceman - 48 hours.

A detained serviceman may be released before the expiration of this period by the commander of the military unit (chief of the garrison, military commandant of the garrison).

A detained serviceman is kept in an isolated room of a military unit or military commandant's office or in a garrison or military (ship) guardhouse.

The period of detention is counted towards the period of disciplinary arrest, detention in a disciplinary military unit, or imprisonment for a certain period if they are applied to a serviceman on grounds related to his detention.

The officials who carried out the detention immediately report this to the commander of the military unit in which the detained serviceman is undergoing military service (military training), so that he can make a decision on the further detention of the detained serviceman or on his release.

If a detained serviceman complains about poor health or if there are obvious signs of illness (injury), the on-duty paramedic (doctor) is called, who conducts a medical examination of the detainee and gives an opinion on the possibility of keeping him in a room (cell) for detainees. If necessary, the detained serviceman is provided with medical assistance.

3. Personal search, search of things carried by a serviceman, and search of a vehicle, that is, an examination of things (vehicle) carried out without violating the structural integrity of things (vehicle), are carried out if necessary in order to detect objects of a disciplinary offense or objects , used in its commission, or objects that retained traces of a disciplinary offense.

A personal search, search of things carried by a serviceman, and search of a vehicle are carried out by officials of a military unit (garrison) on the premises (on the territory) of a military unit or military commandant's office in the presence of at least two witnesses. In this case, a personal search is carried out by a person of the same sex as the person being searched and in the presence of two witnesses of the same sex.

The inspection of the vehicle is carried out in the presence of an official of the military unit to which the vehicle belongs. In urgent cases, an inspection of the vehicle may be carried out in the absence of the specified official.

4. Seizure of things that were objects of a disciplinary offense or objects used in its commission, or objects that retained traces of a disciplinary offense, and (or) documents that have the value of evidence when bringing a serviceman to disciplinary liability and found at the scene of the commission of a disciplinary offense or when carrying out a personal search, search of things carried by a serviceman, and (or) search of a vehicle, it is carried out in the presence of at least two witnesses.

If necessary, seized items and (or) documents are packed and sealed at the place of seizure.

Seizure of things and (or) documents is carried out by officials of the military unit (garrison).

Seized items and (or) documents (physical evidence) are stored in places determined by the commander of the military unit or the head of the garrison (military commandant of the garrison) until the case of committing a gross disciplinary offense is considered. Wherein:

things and documents that have not been withdrawn from circulation are subject to return to their legal owner, and if it is not established, they are transferred to the ownership of the state in accordance with the legislation of the Russian Federation;

items withdrawn from circulation are subject to transfer to the appropriate organizations or are destroyed;

documents that are physical evidence remain in the materials on the disciplinary offense for the entire period of storage of these materials or are transferred to interested parties in accordance with the legislation of the Russian Federation;

confiscated orders, medals, breastplates for honorary titles of the Russian Federation, the RSFSR and the USSR must be returned to their legal owner, and if it is not established, transferred to the Administration of the President of the Russian Federation;

confiscated items subject to rapid deterioration, alcoholic and alcohol-containing products are subject to destruction in accordance with the legislation of the Russian Federation;

seized firearms and cartridges for it, other weapons, as well as ammunition are stored in the manner determined by the Minister of Defense of the Russian Federation.

5. Temporary suspension from the performance of official and (or) special duties may be applied to a military serviceman in cases where a disciplinary offense committed by a military personnel prevents him from performing his official duties or the performance of military service duties by other military personnel, or when the military serviceman’s performance of official and (or) special duties interferes (may interfere) with a comprehensive, complete, objective and timely clarification of the circumstances of his commission of a disciplinary offense, the identification of the reasons and conditions that contributed to its commission.

The temporary removal of a serviceman from the performance of official and (or) special duties is immediately reported in accordance with the established procedure to the commander (chief) who has the right of appointment to this military position.

Temporary suspension from the performance of official and (or) special duties is formalized by order of the commander of a military unit and is carried out for a period of no more than until a decision is made based on the results of consideration of materials about a disciplinary offense, and in the case of a disciplinary sanction - no more than until the end of execution of the disciplinary sanction.

6. Removal from driving a vehicle is applied to a serviceman if there are sufficient grounds to believe that this serviceman is intoxicated or has committed another gross disciplinary offense related to driving or operating a vehicle. Suspension from driving a vehicle is applied until the reason for the suspension is eliminated.

A military personnel who is suspended from driving a vehicle and in respect of whom there are reasonable grounds to believe that he is intoxicated shall be subject to a medical examination for intoxication in accordance with paragraph 7 of this appendix.

An official of a military unit or garrison who has suspended a serviceman from driving a vehicle is obliged to ensure the safety of this vehicle until the end of the suspension. The procedure for storing vehicles from which military personnel are removed from driving is determined by the Charter of the garrison and guard services of the Armed Forces of the Russian Federation.

7. A medical examination is carried out in order to detect special signs on the soldier’s body, traces of an offense, bodily injuries and (or) identify a state of intoxication.

Medical examination and registration of its results are carried out in the manner established by regulatory legal acts of the Russian Federation.

8. If necessary, when carrying out a personal search, examination of things carried by a serviceman, search of a vehicle and (or) when confiscating things and documents, photography and filming, video recording and (or) other established methods of recording material evidence may be used.

9. A protocol is drawn up on the application of a measure to ensure proceedings against a serviceman based on materials about a disciplinary offense, with the exception of the measure specified in paragraph 5 of this appendix.

The protocol is signed by the person who compiled it and the military serviceman to whom these measures were applied, and in the case of the participation of witnesses or other persons in the application of such measures - also by these persons.

If a serviceman refuses to sign the protocol, a corresponding entry is made in it. The protocol is attached to the materials about the disciplinary offense.

Protocol on the application of measures to ensure production

based on materials about disciplinary offense

about a disciplinary offense applied to a military personnel)

"__" __________ 20__ "__" h. "__" min. _________________________________

__________________________________________________________________

(place of drawing up the protocol)

(military position, military rank, surname, initials of the person,

who drew up the protocol)

in accordance with Article 28.7 of the Federal Law "On the Status

military personnel" and Article 51 of the Disciplinary Charter of the Armed Forces

The forces of the Russian Federation have drawn up this protocol on the use

measures to ensure proceedings based on disciplinary materials

misconduct of a military personnel.

Information about the soldier:

1. Military position _____________________________________________________

2. Military rank ________________________________________________

3. Last name, first name, patronymic ________________________________________

__________________________________________________________________

4. Year and place of birth __________________________________________

__________________________________________________________________

5. Real or conditional name of the military unit _______

__________________________________________________________________

6. Place of residence (registration) ________________________________

__________________________________________________________________

__________________________________________________________________

7. Marital status _____________________________________________________

8. Identity document, ____________________________

(Title of the document,

__________________________________________________________________

series, number, when and by whom issued)

due to _______________________________________________

(time, place and reasons (motives)

__________________________________________________________________

drawing up a protocol)

__________________________________________________________________

__________________________________________________________________

That is, his actions contain

the offense under Article 28.5

Description of action: _______________________________________________

__________________________________________________________________

__________________________________________________________________

__________________________________________________________________

At ______________________________________________________________

(name of measures to ensure production based on materials

about a disciplinary offense)

at ________________________________________________________________

in the presence ____________________________________________________

(military ranks, surnames and initials

__________________________________________________________________

persons present)

__________________________________________________________________

discovered and seized: _____________________________________________

(list of items or documents seized

__________________________________________________________________

during a personal search, search of things and (or)

__________________________________________________________________

vehicle, with an exact indication of their quantity, measure,

__________________________________________________________________

weight or individual characteristics, as well as the condition of clothing,

__________________________________________________________________

presence or absence of bodily injuries detected

__________________________________________________________________

during a medical examination)

Note on additional events __________________

__________________________________________________________________

(use of photography, filming, video recording or other established

__________________________________________________________________

fixation methods)

Signatures of those present: _____________________________________________

______________________________________

On the application of measures to ensure production to a military personnel

based on materials about a disciplinary offense, ________________ was reported

__________________________________________________________________

(military position, military rank, surname, initials of commander

__________________________________________________________________

military unit, garrison commander, military commandant

_________________________________________________________________,

garrison)

who made the decision on __________________________________________

(decision made by an authorized person)

__________________________________________________________________

Serviceman "__" _______ 20__ at "__" hours "__" min.

sent to ______________________________________________________

(name of military unit or place of detention

detained serviceman)

Comments to the protocol _____________________________________________________

__________________________________________________________________

military personnel or an indication of their absence)

The protocol has been read, this information is recorded correctly, rights and

responsibilities, as well as the possibility of appealing the application of measures

ensuring proceedings based on materials about a disciplinary offense

in the manner established by the legislation of the Russian Federation and

by this Charter (Chapter 6), explained, I received a copy of the minutes

__________________________________________________________________

(signature of the serviceman in respect of whom the protocol was drawn up,

or a sign indicating refusal to sign)

"__" _________ 20__

__________________________________________________________________

(signature of the person who compiled the protocol)

"__" _________ 20__

__________________________________________________________________

(signature of the person who made the decision to apply to the serviceman

measures to ensure proceedings based on disciplinary materials

misdemeanor)

"__" _________ 20__

Applications: 1. ___________________________________________________

2. ___________________________________________________

3. ___________________________________________________

4. ___________________________________________________

Appendix No. 7

to the Disciplinary Regulations

Armed Forces

Russian Federation

(to articles 10, 80, 81)

LIST OF GROSS DISCIPLINARY OFFENSE. PROCEDURE FOR EXECUTION OF DISCIPLINARY ARREST

1. Gross disciplinary offenses include:

violation of the statutory rules of relations between military personnel;

unauthorized abandonment of a military unit or a place of military service established outside a military unit by military personnel undergoing military service upon conscription (with the exception of officers);

failure to appear on time for service without good reason upon dismissal from a military unit or from a ship to shore, upon appointment, transfer, as well as from a business trip, vacation or medical institution;

the absence of a serviceman performing military service under a contract, or an officer performing military service by conscription, in a military unit or a place of military service established outside a military unit without good reason for more than four hours in a row during the established daily duty time;

evasion of military service duties;

violation of the rules of combat duty (combat service);

violation of border guard rules;

violation of the statutory rules of guard duty;

violation of the statutory rules for performing internal service;

violation of the statutory rules of patrolling in the garrison;

violation of security service rules public order and ensuring public safety;

intentional destruction, damage, damage, illegal expenditure or use of military property;

destruction or damage due to negligence of military property;

violation of the rules for preserving military property entrusted for official use, resulting in its loss or damage through negligence;

violation of the rules for handling weapons, ammunition, radioactive materials, explosives or other substances and objects that pose an increased danger to others, military equipment or rules for the operation of military equipment, which through negligence resulted in harm to human health, destruction, damage or loss of military property or other harmful consequences;

violation of the rules for driving or operating vehicles, which through negligence resulted in harm to human health, damage to military property or other harmful consequences;

performance of military service duties while intoxicated, as well as a serviceman’s refusal to undergo a medical examination for intoxication;

failure by the commander, within his competence, to take the necessary measures to prevent or suppress a disciplinary offense committed by a serviceman subordinate to him, to bring the serviceman to disciplinary liability for committing a disciplinary offense or to eliminate the causes and conditions that contributed to its commission, as well as the concealment by the commander of information about the commission by a subordinate to him in the service of a military man a crime, an administrative offense or a disciplinary offense;

an administrative offense for which a military serviceman bears disciplinary liability in accordance with the Code of the Russian Federation on Administrative Offences.

2. The execution of disciplinary arrest is entrusted to:

soldiers, sailors, sergeants and foremen - to the foreman of a company (team);

warrant officers and midshipmen - to military personnel of equal military rank or officers appointed by the commander of a military unit (chief of the garrison).

In military administration bodies and military educational institutions of vocational education, disciplinary arrest is carried out by a person appointed by the relevant commander.

3. Persons entrusted with the execution of disciplinary arrest are obliged to first check the availability of free places in the guardhouse, check the documents necessary for registering a serviceman in the guardhouse, and, if necessary, request accompanying persons (escorts).

4. Before being sent to the guardhouse, all military personnel subject to disciplinary arrest are confiscated according to an inventory of the money and things they have that are not supposed to be in the guardhouse. The list of things that military personnel subject to disciplinary arrest are allowed to have in the guardhouse is defined in Appendix No. 14 to the Charter of the Garrison and Guard Services of the Armed Forces of the Russian Federation.

Orders, medals and bars with order ribbons, as well as badges, are handed over by arrested military personnel for storage to the headquarters of the military unit or to the military commandant's office of the garrison.

When sent to a guardhouse, military personnel subjected to disciplinary arrest must be dressed in clean, serviceable everyday (field) uniform. In addition, they must have a towel, handkerchiefs, and personal hygiene products with them.

Before being sent to the guardhouse, all those arrested undergo a medical examination, and, if necessary, sanitary treatment (washing in a bathhouse) and disinfection of uniforms, which is noted by the doctor in the medical record book.

5. The procedure for the reception, detention and release of military personnel subject to disciplinary arrest is set out in the Charter of the garrison and guard services of the Armed Forces of the Russian Federation.

Appendix No. 8

to the Disciplinary Regulations

Armed Forces

Russian Federation

(to Article 81)

Protocol

about gross disciplinary offense

"__" ______ 20__ city _____________________________

(place of drawing up the protocol)

I, _______________________________________________________________

(military position, military rank, last name, first name, patronymic

person who compiled the protocol)

drew up this protocol in that the serviceman

__________________________________________________________________

(information about the serviceman: code name of the military unit

__________________________________________________________________

(organizations); military position, military rank, last name, first name,

__________________________________________________________________

surname; year and place of birth; place of residence (registration),

__________________________________________________________________

Family status; information about the identity document

__________________________________________________________________

(series, number, when and by whom issued); other information about the military personnel,

__________________________________________________________________

including: have you previously been subject to disciplinary action?

__________________________________________________________________

responsibility, when and by whom)

Eyewitnesses: __________________________________________________________

(positions, places of military service, military ranks,

__________________________________________________________________

surnames, names and patronymics of persons who know the circumstances,

__________________________________________________________________

important for the correct solution to the issue of attracting

__________________________________________________________________

military man)

Circumstances of committing a gross disciplinary offense:

__________________________________________________________________

(date, time, place and other circumstances of the commission of gross

disciplinary offense)

Evidence confirming the existence of a gross event

disciplinary offense and guilt of the serviceman:

__________________________________________________________________

(listing of evidence: explanations of the serviceman,

__________________________________________________________________

subject to disciplinary liability, explanations

__________________________________________________________________

eyewitnesses, conclusion and explanations of a specialist, documents,

_________________________________________________________________,

indications of technical means, material evidence, etc.)

That is, he committed

gross disciplinary offense under Article 28.5

Federal Law "On the Status of Military Personnel".

To a military man ___________________________________________________

(military rank, surname and initials)

clarified the rights and obligations provided for

legislation of the Russian Federation and general military regulations.

Explanations of a serviceman who committed gross disciplinary action

misdemeanor: _______________________________________________________

__________________________________________________________________

__________________________________________________________________

Mitigating or aggravating circumstances: ________________________

__________________________________________________________________

__________________________________________________________________

Causes and conditions that contributed to the commission of gross

disciplinary offense: _______________________________________

__________________________________________________________________

__________________________________________________________________

Information on the measures taken to ensure production according to

materials about gross disciplinary offense: ____________________

__________________________________________________________________

__________________________________________________________________

Other information: ___________________________________________________

__________________________________________________________________

__________________________________________________________________

Attached to the protocol: ________________________________________

(list of documents and things attached

__________________________________________________________________

to the protocol)

Serviceman's signature ________________________________________________

(or sign refusal note)

Signature of the person who compiled the protocol ______________________________

I received a copy of the protocol __________________________________________

(signature of a serviceman, regarding

which the protocol was drawn up)

"__" ________ 20__

The decision of the commander of the military unit (chief of the garrison, military

garrison commandant): _________________________________________________

"__" ________ 20__

military unit

Commander of a military unit (chief of the garrison, military commandant

garrison) ________________________________________________________________

(military rank, signature, surname)

Notes: 1. A serviceman has the right to demand that explanations and comments on the contents of the protocol be included in the protocol, as well as to state the reasons for his refusal to sign it.

2. Appendices to the protocol may be: a report on the fact that a serviceman has committed a gross disciplinary offense, explanations of the serviceman, explanations of eyewitnesses and other persons, a service reference for the serviceman, a certificate of medical examination and other documents containing information about the gross disciplinary offense.

Ivan the Terrible became the first ruler under whom the Disciplinary Charter was introduced. This is an administrative document that established boundaries legal status guard duty soldier, including fair rights, equal responsibilities, and incentives and penalties. The events date back to the 14th century, when on the territory modern Russia earned the remote control. With the development of a democratic society, the principles of military service also changed, which became a good reason for the adoption of a new document. Thus, on November 10, 2007, by Decree of the President of the Russian Federation, the Disciplinary Charter of the Armed Forces of the Russian Federation came into legal force.

Remote control action

According to the current version of the document as amended in 2011, the Disciplinary Charter is the main document establishing the powers of officers, a list of rewards and penalties, as well as acceptable penalties. In addition, the procedure for submitting reports and requests to the heads of military units and units is fixed.

The charter applies to the following categories of persons:

  • conscript and contract military personnel;
  • VNZ cadets under the auspices of the Ministry of Defense;
  • military personnel transferred to the reserve, after their reinstatement in service.

It should also be taken into account that this set of rules is subject to personnel of both stationary military formations and mobile units. Articles apply to ships and air transport located within Russia or beyond its borders. In addition, temporarily formed military units whose service is carried out in other states are subject to the requirements of the Disciplinary Charter of the Russian Federation.

Basic concepts and provisions

DU defines the concept of discipline as mandatory rules and requirements, and liability is provided for their violation. At the same time, the emphasis is on the fact that the soldier himself must follow these rules, realizing the importance of his service and the importance of order. This awareness can be achieved in several ways:

  • persuasion (theoretical classes are conducted, examples from history are given);
  • coercion (use of a system of penalties and restrictions).

As a rule, the most effective method is the carrot and stick method. In addition, it is allowed to use physical methods of persuasion with soldiers (this concerns physical education and increasing loads, and not brute force).

According to general provisions DU, every military man is obliged:

  • follow general federal laws, as well as local and departmental regulations (including regulations and orders);
  • undergo training in good faith;
  • if it is necessary to participate in hostilities, it is imperative to behave courageously and selflessly (for this, faith in one’s destiny is instilled and in the fact that every soldier can change the outcome of the operation);
  • maintain state secrets;
  • adhere to subordination and respectful attitude towards management.

Important! The charter is valid not only within the military formation, but also during civilian life.

Main articles

The document consists of 120 articles, each of which forms its own requirements, rights and obligations. All norms are collected in chapters, of which there are 6 in the document.

Table No. 1 “Articles of the Disciplinary Charter and their designation”

Chapter titles
General provisionsThis section contains the basic concepts that the remote control operates with. Here you can find:
the name of the titles, as well as the procedure for their assignment;
ways to establish discipline;
duties and rights of commanders;
freedom rights of soldiers, they must be taken into account during theoretical and practical classes, as well as psychological preparation
Reward systemIncentives are announced to the military personnel for the purpose of his education, as well as improving the state of discipline. In addition to the procedure for applying incentives, this section describes qualifications different types incentives, and to whom they can be awarded. There are separate groups for officers and soldiers serving on ships and aircraft, for civilian staffing units and military
Categories of disciplinary responsibilitySoldiers and officers, depending on the act committed, may be held liable for the following types of liability:
disciplinary (for violation of the charter);
administrative;
criminal;
civil
It is typical that the violator can act both as a military man and as a civilian during the consideration of the case. This chapter contains types of suppression and disciplinary punishments, as well as possible evidence of illegal actions and methods for collecting them.
The following types of penalties may be applied to military personnel (Chapter 4)This section describes not only the procedure for assigning a sanction, but also its execution. It is also established that all types of sanctions are applied depending on the place of service, rank and position. However, regardless of the punishment, all cases of disciplinary action must be entered into the citizen’s personal file.
Rules for recording punishments and rewardsIn this chapter you can familiarize yourself with the validity periods of the applied sanctions, as well as the consequences of their assignment for the violator. It is also established that each military formation must have a separate journal to record all facts of violations and encouragement
Procedure for filing reports and complaintsThese can be personal oral appeals or a written report. As a rule, it is necessary to take into account the subordination, that is, the appeal is transferred to the immediate superior, and only after his resolution it goes further to the addressee, but this is not a mandatory condition

In addition, the adopted management document contains the forms of the main reporting documents and tables.

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