Age limit for military service. The age limit for military service in the Russian Federation

Article content:

As soon as the conscription campaign for military service in the army starts in our country, statements of various public people begin to sound about the need to extend the term of military service to 18 months. They began to be exaggerated with greater force when the deputies of the State Duma developed a bill, the content of which notes the need to extend the period of military service.

What explains the need?

  • the army is not fully staffed with junior military personnel;
  • in connection with the demographic hole in the 90s, there will be much fewer draftees in the military registration and enlistment office, since they do not exist in nature at all;
  • for training a specialist in military affairs, one year is a very short time.

But whoever studied the defense plan until 2016, which was approved by V. Putin, knows that the service life will not change. And if you look through all the documents related to the reform of the army until 2020, then there is also no information about increasing the term of military service. The President also opposes this decision. Therefore, an increase in the service life in 2017-2018 is not expected. More than that, all deferrals from military service will not be changed and will continue to be granted under the same conditions.

Law extending the age limit for officers in military service

Russia has a strong legal base for military affairs. All legal statuses of the military are enshrined and regulated by law. The legislation of the Russian Federation clearly and unambiguously regulates all aspects of military life.

But times are changing, and with it the requirements for the army are changing. Therefore, from time to time it is necessary to cancel or adopt new laws, to make amendments to existing ones.

A law has been adopted to extend the age limit for military service for officers. This bill was adopted relatively long ago. Restrictions on the age of service of officers play a large role in shaping the composition of the army. The main idea of ​​the bill is as follows: the physical qualities of a serviceman decline after a certain age, this is badly reflected in the service.

Soldiers in old age in the army occupy mostly high ranks. They have the rank of colonel and above. Since these ranks are very necessary in the formation of the Russian army, it is impossible for them to be occupied by a person who cannot physically cope with these loads.

This is the main reason for the introduction of the bill. No matter how hard a soldier tries, the nature of aging cannot be deceived, and the military does not show their weakness under any circumstances. Therefore, if this law had not been adopted, many military leaders would not have resigned on time.

Of course, we can say that they have vast experience, a good theoretical reserve, knowledge of the introduction of combat, but nothing can replace physical training. Therefore, the government passed this law, which limits the age of service in the army to 60 years.

This year, the President of Russia adopted amendments to military legislation.

What exactly are these changes or additions?

  • generals and admirals of the Russian army may be in the service up to 65 years;
  • middle management retires at the age of 60;
  • colonels and captains remain in military service until the age of 55.

From this it becomes clear that the terms of resignation have shifted by five years. But this is not the only amendment to the law, another change was adopted.

If a soldier has reached the age of retirement, he has the opportunity to extend his service in the army for five years. This amendment can only be used by admirals and generals of the Russian army. This means that they can remain in the army until the age of 70 if an additional contract is concluded with them. The extension of the contract is coordinated with government agencies. Therefore, one desire to extend the service for the general will not be enough.

The adoption of these amendments will not change the algorithm for early retirement for military personnel. Upon reaching the required number of years, any soldier has the right to retire with all privileges and payments.

The Russian government has adopted the latest amendments to military laws for several reasons.

  1. Life expectancy in the Russian Federation has increased, so it is not effective to retire a senior military officer with extensive work experience at the age of 55.
  2. As mentioned earlier, the generals have a very wide experience in work and a large stock of knowledge, so this must be used when training the younger generation.
  3. The government is focusing on those people who wish to join the army for a long period.

Thus, it became clear that the period of military military service until 2020 would not be attracted, and the law adopted by the Government of Russia on extending the age limit for officers in the service is aimed at the effective use of experienced military personnel.

Article 1

Introduce the following amendments to Federal Law No. 53-FZ of March 28, 1998 "On Military Duty and Military Service" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 1998, No. 13, Art. 1475; 2010, No. 11, Art. 1176):

1) in Article 49:

a) point 1 shall be stated in the following wording:

"1. The age limit for military service is established for:

Marshal of the Russian Federation, General of the Army, Admiral of the Fleet, Colonel General, Admiral - 65 years;

lieutenant general, vice admiral, major general, rear admiral - 60 years;

colonel, captain of the 1st rank - 55 years;

a serviceman with a different military rank - 50 years.";

b) clause 3 shall be stated in the following wording:

"3. With military personnel who have reached the age limit for military service, a new contract for military service may be concluded in the manner determined by the Regulations on the procedure for military service:

having the military rank of Marshal of the Russian Federation, general of the army, admiral of the fleet, colonel general, admiral - until they reach the age of 70 years;

having a different military rank - until they reach the age of 65 years.";

2) Paragraph 1 of Article 53 shall be stated as follows:

"1. Citizens in the reserve are divided into three categories:

Article 2

1. This Federal Law shall enter into force one hundred and eighty days after the day of its official publication.

2. Servicemen who have entered into a new contract for military service for an indefinite period (before the age limit for military service) in accordance with subparagraph "a" of paragraph 5 of Article 38 of the Federal Law of March 28, 1998 N 53-FZ "On Military Duty" and military service" before the date of entry into force of this Federal Law, and military personnel who have entered into a new contract for military service before the age limit for military service in accordance with paragraph 6 of Article 38 of the said Federal Law before the date of entry into force of this Federal Law, upon reaching the age limit for military service established by paragraph 1 of Article 49 of the Federal Law of March 28, 1998 N 53-FZ "On Military Duty and Military Service" in the wording that was in force before the date of entry into force of this Federal Law, has the right to retire from the military service by age - upon reaching the age limit for staying on military service.

3. Servicemen who have reached the age limit for military service and who have entered into a new contract for military service in accordance with paragraph 3 of Article 49 of the Federal Law of March 28, 1998 N 53-FZ "On military duty and military service" before the date of entry into force of this Federal Law, has the right to retire from military service by age - upon reaching the age limit for military service, established by paragraph 1 of Article 49 of the Federal Law of March 28, 1998 N 53-FZ "On military duty and military service" in the wording that was in force before date of entry into force of this Federal Law.

President of the Russian Federation V. Putin

Military personnel are subject to dismissal on the grounds provided for in Art. 51 FZ No. 53 of March 28 1998 "On the military ..." (hereinafter - the Law).

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Among other grounds, the Law provides for dismissal upon reaching a certain age.

Legislation

Legislative regulation is carried out:

Normative act For which categories is the age limit regulated?
Law military personnel
Federal Law No. 40 dated April 3. 1995 “On federal…” (hereinafter – Federal Law No. 40) FSB officers
Federal Law No. 342 dated November 30. 2011 “About the service…” Employees of the Ministry of Internal Affairs
Federal Law No. 141 dated May 23, 2016 “On Service…” Employees of the State Fire Service and the Ministry of Emergency Situations
Federal Law No. 79 of July 27, 2004 “On the State ...” civil servants

Definitions

Dismissal upon reaching the age limit - the procedure for the annulment of a contract with a military man or an employment contract with a civil servant due to the employee reaching a certain age, provided for by the relevant federal law.

basic information

Special federal laws establish provisions on the age of citizens, upon reaching which labor relations are terminated.

Basically, the age limit depends on the special military rank. For example, Art. 16.1. Federal Law No. 40 sets the age limit for FSB employees:

Employment principles

Based on Part 1 of Art. 2 of the Law, military service is recognized as a special type of federal public service.

And this means that the subjects of the Russian Federation are not entitled to establish their own conditions, terms, place and procedure for performing military service. All this is determined at the federal level.

Basic principles of employment of military personnel:

  • the right to conclude a contract is given not only to citizens of the Russian Federation, but also to foreigners who meet all other requirements (part 1 of article 32 of the Law);
  • a citizen choosing to serve under a contract has the right to choose the type of military formation (the requirement does not apply to conscripts);
  • after the conclusion of the contract, the military may be transferred to another locality or another branch of the military in the manner prescribed by Art. 44 of the Law and Decree of the President of the Russian Federation No. 1237 of 16 September. 1999 “Questions…” (hereinafter referred to as the Decree);
  • in relation to each military man upon reaching a certain length of service, disability or other pension grounds, the issue of assigning a pension is considered in accordance with the Law of the Russian Federation No. 4468-1 of February 12. 1993 "About the pension...".

Termination of employment relationship

Termination of labor relations is carried out in the manner prescribed by Section 7 of the Law (Art. 50 - Art. 51.1.).

Main nuances:

  • senior officers are dismissed by the President of the Russian Federation, the rest - in the manner prescribed by the Decree;
  • the procedure for dismissal upon reaching the age limit provides for dismissal, in other cases - to the reserve or with military registration;
  • the contract can be terminated, including ahead of schedule (part 3 of article 51 of the Law - for example, for family reasons or when the VVK is recognized as limited fit).

Foundations

In Art. 51 of the Law indicates the grounds for the occurrence of which dismissal is carried out:

  • reaching the maximum age for military service;
  • expiration of the contract or term of military service;
  • assignment to the military within the framework of the military military service of the fitness category “D” or “B”;
  • deprivation of military rank in the manner determined by Art. 48 of the Law;
  • due to loss of trust;
  • upon entry into legal force of a court verdict on the imposition of a military punishment in the form of imprisonment (including conditional) for an intentional act;
  • in case of expulsion from a military educational organization or an educational organization that has a military department (Article 20, Article 20.2 of the Law);
  • in the event of the entry into force of a court verdict depriving a military man of holding certain positions;
  • election of a military deputy of the State Duma or a deputy of the legislative body of a constituent entity of the Russian Federation;
  • termination of Russian citizenship and acquisition of a foreign one.

Timing

In addition to the general grounds, there are also reasons for the appearance of which early dismissal is carried out:

  • OShM (organizational and staff activities);
  • transition from military service to the Department of Internal Affairs, the Russian Guard, the State Border Service, the establishment of the penitentiary system;
  • in connection with non-fulfillment of the requirements of the concluded contract;
  • in case of refusal of admission to the state. secret;
  • upon entry into force of a court verdict on conditional conviction for a crime committed through negligence;
  • upon failure to pass the probationary period in the manner prescribed by Art. 34.1. Law;
  • in case of non-compliance with the requirements specified in Part 7 of Art. 10 and Art. 27.1. Federal Law No. 76 of May 27, 1998 “On the status of ...” (for example, when carrying out military business activities, when receiving income from publications and speeches, if they are directly related to military service);
  • in connection with the transfer to the federal civil service;
  • in case of refusal to undergo mandatory chemical and toxicological examinations for the presence of narcotic substances in the body.

Based on paragraph 12 of Art. 34 of the Decree, dismissal on the grounds for which it is not required to obtain mandatory consent to dismissal is carried out by the command of the corresponding military unit without a report from the serviceman.

Other grounds for which consent to dismissal is required require the provision of a report.

So, by virtue of paragraph 3 of Art. 34 of the Decree, a military man who has reached the age limit, if he wishes to conclude a new contract in the manner prescribed by Part 3 of Art. 49 of the Law, must submit a report on the command of the official who decides personnel matters, no later than 6 months. before the expiration of the current contract.

Below is a sample report:

Dismissal upon reaching the age limit

Part 1 Art. 49 of the Law regulates the age limit, depending on the military rank:

Exceptions

The military is granted the right to conclude a new contract already upon reaching the above age, up to the achievement of:

What are the payments

A military man, upon dismissal by age, has the right to apply for:

  • lump sum allowance;
  • financial assistance;
  • bonus payments;
  • payments upon recognition as unfit according to the results of the VVK.

Lump sum

Based on part 3 of Art. 3 FZ No. 306 of November 7. 2011 “On monetary ...” (hereinafter - Federal Law No. 306), the amount of the lump sum payment depends on the length of service under the contract:

  • if less than 20 years old, an allowance in the amount of 2 salaries is paid;
  • if over 20 years - in the amount of 7 salaries.

In accordance with part 5 of the same article, if the military was awarded the state award of the Russian Federation during the period of service, the amount of the allowance is increased by another 1 salary.

Part 4 of the same article indicates the grounds for non-payment of benefits, in particular, upon dismissal:

  • by a court verdict of deprivation of liberty;
  • upon deprivation of military rank;
  • in connection with expulsion from a military educational organization, etc.

Other payments

If at the time of termination of the contract the military man filled a certain position, and a bonus was awarded to him, it will be paid along with the monetary allowance for the current month of service.

The amount of bonuses and the procedure for their payment are regulated by the provisions of the Order of the Ministry of Defense No. 2700 of December 30. 2011 “On Approval…” .

Based on clause 77 of this Order, the amount of the bonus cannot be more than 3 salaries.

Contractors, in general, are paid a bonus in the amount of no more than 25% of the salary in any particular month (including the month of dismissal).

Material aid

The military is provided with annual material assistance, the amount of which cannot be higher than the official salary assigned for the rank and position.

To receive assistance, a report is submitted to the commander with the appropriate petition. If this year has already received a mat. assistance, upon dismissal, it will not be paid.

Recognized as unfit

If the VVK is recognized as unfit for military service, dismissal is carried out on the basis specified in paragraph “c” of Part 1 of Art. 51 of the Law.

In this case, the following payments are accrued:

  • unpaid at the time of recognition of monetary allowance in the manner approved by Art. 2 FZ No. 306;
  • compensation for unused vacation;
  • payment of sick leaves;
  • allowance in the amount of 2 or 7 salaries - depending on the length of service under the contract;
  • premium (if any);
  • mat. assistance (if it has not yet been paid in the current year).

The question of the age limit for military service has been raised at the legislative level for several years now. But it is precisely on the indicator of the age limit of military personnel that their career largely depends, as well as the prospects of a person who gives the best years of his life to the service of the Motherland.

That is why the state chose to take a truly serious and responsible step towards the formation of a professional army. And although the debate about the age threshold will continue to disturb the public, it is worth understanding the state of this issue today.

What does age limit mean?

Legislation on conscription and military service has existed since the distant 1988. Federal Law No. 53 talks about the features of service, and also pays attention to such a concept as the age limit for military service. This issue is discussed in more detail in Article 49.

This norm contains exact figures that regulate the maximum age of being in the army.

There are regulations that directly affect restrictions on the fact of being in the ranks of the armed forces. These norms are discussed in more detail in the regulation on the order of service, which was fixed by his decree on September 16, 1999, the President of Russia. This document has the number 1237, and it is valid today.

All of the above provisions will regulate the issues of signing contracts with military personnel, as well as the nuances of signing contracts with persons who are already directly approaching the age limit for military service.

What is the age limit for military service?

To date, when determining the age limit for military service, the legislator has linked directly with the rank to which a citizen has risen.

Back in 2014, the age of a serviceman was increased by 5 years, but the officer retained the right to leave the ranks of the armed forces with the right to maintain a pension even before the age limit.

At the same time, the age of the stock was increased.

If it becomes necessary to call ensigns into the ranks of army officers, then their age can reach a maximum of 50 years, depending on the specific specialization.

As for the lower officers, then these citizens can serve up to the age of 60.

As for persons who are in the rank of major, as well as captains of the second and third ranks, they are called up before the age of 65 years.

Colonels and captains of the 1st rank are called up until the age of 65, and the highest officer reserve even up to 70 years.

Separate provisions apply to female military personnel. If they are in the reserve in the officer rank, they will be called up to 50 years.

If a serviceman has approached the age limit over the years of his work, then he can still count on signing a new contract. However, only certain citizens can count on it.

  • Marshals of the Russian Federation.
  • Fleet admirals.
  • Army Generals.
  • Colonel General.

These persons have the right to sign a contract until the age of 70. If we are talking about other military personnel, then these citizens can sign contracts up to the age of 65 years.

Article 49 age limit for military service

Article 49 of Federal Law 64 of April 2, 2014 talks about what provisions touched on the issue of the age limit. Thus, in accordance with paragraph 1 of this regulatory legal act, the age limit for military service is established only for certain categories of citizens.

These are marshals, admirals of the fleet, colonel generals, whose age cannot exceed 65 years.

  1. Vice admirals and major generals under 60.
  2. Colonels and captains of the 1st rank up to 55 years old.
  3. Lieutenants in military rank up to 50 years.

The second paragraph of this normative legal act contains provisions on women whose age in military service is set at 45 years.

If military personnel have reached the age limit in accordance with this article, but wish to enter into a new contract, o they have every right to retire from military service due to age may enter into a new contract, if this implies, again, age.

A new contract may be concluded with persons in accordance with the third paragraph of the article who have a military rank:

  • Marshals.
  • Generals.
  • Admirals.
  • Colonel generals.

An agreement is reached with these people until the age of 70.

With persons who have a double military rank, this age cannot exceed 65 years

Age restrictions

Thus, Article 49 of Federal Law No. 53 provided for the following age restrictions.

  1. 65 years is the age of conclusion of an agreement for marshals, generals, admirals, colonel generals.
  2. 60 years is the deadline for lieutenant generals, vice admirals, rear admirals, major generals.
  3. 55 years is the deadline for colonels and captains of the first rank.
  4. 50 years for other army ranks.

What caused the restrictions

Many military personnel still cannot understand why such restrictions appeared. From the point of view of the legislator, this is explained by the fact that there is more logic in such a decision. For example, dismissing a general who has reached the age of 55 on the basis that he has already reached a certain age is unreasonable. Especially if at the age of 55 a man is perfectly built, feels good, and most importantly, is important for the Russian army.

It also seems unreasonable to dismiss a 50-year-old colonel or doctor of science from a military academy only on the basis of reaching a certain age.

However, a completely different thing happens in a situation where, at the age of 65, a commander independently takes off his shoulder straps and decides to retire.

It is already quite difficult for a person at the age of 65 to be at the landfills, as well as to carry out any physical labor.

But if a person sits only in the office, spends time behind papers with discussions, then at the age of 65 he will feel great in the service.

Therefore, in matters of assigning restrictions, certain limits were established that take into account not only the age, but also the type of activity of each serviceman. After all, people who carry out physical activity are quickly exhausted, in contrast to people who are engaged in office and paper work.

Legislative changes

The latest changes in legislation took place in 2014, when Federal Law No. 53 saw the light of day. However, it is planned to review this issue more meticulously in the near future and create a new legal act that will be entirely devoted to this issue.

Reasons for change

When preparing this legal act, the Ministry of Defense took into account only one reason.

Today, a special system of selection, contract service, and training of future fighters operates in the ranks of the armed forces.

All officers want to see in their branches and units not only military personnel, but also professionals and people who are motivated for long military service, and not those who joined the army just because they did not find themselves in the civil service.

Candidates for military personnel very often see in serving the Motherland only the possibility of obtaining an apartment, as well as a new way of earning. Military service is not seen as a goal, a perspective and a profession.

It is a well-known practice that at the age of 30 a man decides to enlist as a soldier only because he cannot earn enough money as a civilian. With the increase in the maximum age of service, a person who, at the age of 30, has come to the idea that he wants to connect his life with military service, can reach a pension, and most importantly, have time to receive it.

Service time extension

President of the Russian Federation Vladimir Putin proportionally increased the age of a serviceman to 65 years.

The head of state explained that the introduction of such a condition would increase the age limit for military service.

In addition, such a measure will make it possible to adjust the composition and ranks of citizens, as well as to prepare professionals in the best possible way for a long, and most importantly, professional activity.

Features of women's service

Women who serve in the armed forces of the Russian Federation were also touched upon by the issue of changing the age limit. Now, for ladies, the age limit for military service, which is not determined by rank, will be 45 years.

However, if a woman wants to continue working, while she is important for military service, then she, of course, can stay and continue her activities until she considers it necessary to resign.

Seniority

Length of service is understood as a special type of continuous and seniority, which will involve the accrual of pension remuneration, also combined with certain benefits and increases. These benefits and increases will be commensurate with the number of years worked.

Also, the legislation of the Russian Federation strictly defined categories of persons who, by virtue of their professional duties, being in a certain position, and also in accordance with working conditions, may be entitled to the calculation of a pension that will correspond to the concept of seniority.

A complete list of such persons, including military personnel, can be found on the website of the pension fund, as well as in the relevant regulatory legal acts that are able to answer this question.

Pension amount

On the territory of the Russian Federation, there is an opportunity to become a military pensioner, without even taking into account the link to age. They retire at the age of about 40, and some military personnel even earlier.

However, today the situation is rapidly changing, and military personnel arrive at their place until their venerable age. This is done so that the serviceman is useful to the army for as long as possible, and so that the size of the pension is as large as possible for the life and maintenance of the elderly.

In order to get such a necessary general experience for military personnel, you will need to work in certain military structures for up to 20 years, and sometimes even more.

If there was a disability, as well as deaths, then such a circumstance will serve as the basis for calculating pensions both for the disabled and for the relatives of the deceased serviceman.

The size of the pension provision will also be directly affected by the amount of the monetary allowance itself, which the serviceman disposed of. The amount of monetary allowance will consist of several indicators at once. This is a salary, as well as other payments that were due to a particular soldier.

If a citizen expects that he will retire upon reaching the age limit, then he will be able to count on the largest possible pension. This means that he received the maximum length of service, so the amount of his monetary allowance can reach up to 95%, which will not affect life in any way, also in the social status of a serviceman.

On the contrary, if a serviceman retires when he has not yet reached the age limit, but has received an average length of service, then the amount of his pension will be average, it may equal 50 or 60% of the available monetary allowance, which, naturally, will not have the best effect on his social status.

Also, in addition to the basic pension provision, if a serviceman fits into any category of citizens that were specified in Articles 38, 17, 24, 45 of Federal Law 4468, he can count on receiving an allowance, as well as an increase in pension.

If a soldier continues to work as they say “in civilian life”, even after reaching a respectable age, then also may qualify for an additional insurance pension. However, for this, the relevant conditions must be met, for example, retirement age, length of service and the required amount. This will provide a good increase to the pension in the form of second payments.

What to do when you reach

What to do if the serviceman has reached the age limit, and then does not know what to do?

He can no longer remain in military service. For example, the activity of a serviceman was associated with physical labor and, unfortunately, took a lot of work and physical strength. Therefore, there are no more reasons to remain in military service.

What to do in this case? If the length of service allows, as well as the age limit of a soldier, it is necessary to quit. Yes exactly. Dismissal implies that a citizen retires due to reaching the age limit.

But what to do next? And then, you can go and safely draw up a military pension. A citizen deserved it, having received a certain length of service, and also, having reached a certain age. Now, a citizen can safely go to get a second civilian specialty. Indeed, this is not prohibited by law, and no one can take away your military pension from the law.

How to proceed in this matter? In fact, everything is extremely simple. A serviceman is arranged under a regular employment contract, and is also registered with the Pension Fund. The funds are transferred to his insurance account.

This means that upon dismissal from work, a citizen can count on a small pension, which the pension fund accrues to him already for having a citizen employment. This will be a small, but very tangible increase in the existing pension.

Today, it would seem, the servicemen are placed in harsh conditions. Their length of service was increased, because of this, citizens, instead of the accepted period of military service, must carry out their service for a longer time.

Also, the age limit has increased. Perhaps for those who carried out their activities in offices and other premises, this is good news. After all, now they can be in the service for a long time, thereby not being bored at home, receiving good money.

However, there are also downsides. For example, people whose activities were directly related to physical activity, now, unfortunately, can no longer perform work at the same level. And physical activity will have a bad effect on their health.

In this case, of course, the legislator leaves an individual approach and allows each citizen to reserve the right to a military pension in accordance not only with the maximum age reached, but also in accordance with the type of activity in which he was engaged.

Thus, persons who carry out their activities indoors will retire much later than persons who have been directly involved in hostilities, often visited the training grounds.

Also, it is important to realize that military retirement is not a sentence. A citizen retains the right to continue his labor activity, but not within the framework of military service, but, for example, within the framework of other activities in civilian life.

For example, the implementation of civic activities, opening your own business, as well as a device under an employment contract. Thus, even in old age, you can try to start a new life, which will be marked by a new work activity, new prospects and career growth.

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