GVP answers: Additional payments to military personnel. Constant combat readiness Parts of the Russian Federation's constant combat readiness list

The concept of combat and mobilization readiness.

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

Combat readiness- this is the ability of units and units to be brought to combat readiness in the shortest possible time, at any time of the day, under any climatic conditions and circumstances and under the threat of the enemy using weapons of mass destruction.

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

Activities for bringing to the highest levels of combat readiness are divided into: combat educational.

Bringing a military unit to the highest levels of combat readiness is carried out in order to prepare it for a combat mission. At the same time, all personnel of the military unit with the weapons assigned to them are withdrawn to the concentration area, military equipment and other material means.

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

It should provide:

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

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

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

Organization of commandant service when entering the assembly area or concentration area.

Combat readiness testing is carried out in order to check the training of units, the ability of the unit's control bodies to ensure the implementation of measures when bringing the unit to the highest levels of readiness or when the unit (unit) enters exercises, in the event of a natural disaster, to extinguish a fire and solve other problems. In this case, the military unit (unit) acts in accordance with the developed plan with established restrictions.

All military personnel must firmly know the procedure for the actions of a military unit (unit) when bringing them to the highest levels of combat readiness, as far as they are concerned.

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

Basic requirements for combat readiness:

Constant readiness of units and units to carry out combat missions on time;

Maintaining high military discipline in the unit;

High moral and psychological state of personnel;

High field training of personnel;

The serviceability of weapons and military equipment, their constant readiness for combat use.

Combat readiness is achieved:

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

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

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

4. The completeness of formations, units and subunits with weapons, combat and automotive equipment and supplies of material assets, their correct maintenance, operation and storage.

5. Purposeful work on the ideological education of military personnel and instilling high moral qualities in all personnel. Conducting systematic training in the operation of units and units according to the established degrees of combat readiness and their management, an extremely clear knowledge of the responsibilities of all personnel.

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

Combat readiness - "CONSTANT" ;

Combat readiness - « INCREASED" ;

Combat readiness - "MILITARY DANGER" ;

Combat readiness - "FULL."

Combat readiness “CONSTANT”- this is a state of the Armed Forces, units and units in which the troops are at a point of permanent deployment, are engaged in daily activities, are maintained according to peacetime staff and time sheets and are able to move to the highest levels of combat readiness within the established time limits.

The allocated units and subunits are on combat duty and carry out missions according to plans.

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

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

8. Material and technical means are stored in warehouses or on vehicles in readiness for issue and removal to areas of concentration in formations and reduced-strength units.

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

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

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

At this level of combat readiness:

At headquarters of all levels and military registration and enlistment offices, 24-hour duty is established for generals and officers from among the leadership.

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

Formations, units and subunits located at training grounds and training areas return to their garrisons.

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

Armament and Combat vehicles are put into combat mode.

Enlisted personnel undergoing training and automotive equipment supplied from the national economy are detained in the troops until further notice.

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

Military stocks of material and technical means are loaded into combat vehicles and motor transport.

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

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

Combat readiness "MILITARY DANGER"- this is a condition in which formations, units and subunits withdrawn to areas of concentration short time are led to perform tasks in accordance with their purpose. Bringing units and formations into combat readiness “Military Danger” is carried out on a combat alert.

Formations and units of permanent readiness and control bodies of communications, security and service units are re-staffed according to wartime standards and are made ready to carry out combat missions, and reduced personnel, personnel and newly formed ones are accepted from the reserve organizational core and prepared for mobilization.

At this level of combat readiness:

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

2. The time for leaving military camps from the moment of declaration of combat readiness should not exceed:

Out of combat readiness "Constant"

Out of combat readiness "Increased"

3. The time for bringing formations and units in concentration areas into readiness for execution is established:

a) without additional staffing to wartime staff:

Out of combat readiness "Constant"

Out of combat readiness "Increased"

b) with additional staffing to wartime levels - no more than 12 hours.

4. The time for receiving, organizing the core and deploying a personnel reception point (PRPS) and equipment reception point (PRT) should not exceed 8 hours.

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

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

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

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

At this level of combat readiness:

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

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

3. Formations and units are prepared to perform tasks for their operational purpose.

4. Time to bring connections and units into constant readiness

"Full"- install:

a) without staffing to wartime levels.

Out of combat readiness "Constant"

Out of combat readiness "Increased"

b) with additional staffing to wartime levels from combat readiness

"Constant"- no more than 12 hours

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

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

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

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

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

after hearing the conclusion of judge O.S. Khokhryakova, who, on the basis of Article 41 of the Federal Constitutional Law “On the Constitutional Court of the Russian Federation,” conducted a preliminary study of the complaint of citizen I.A. Markov, installed:

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

At the same time, the same article provides that military personnel undergoing military service in formations and military units of permanent readiness, transferred in the prescribed manner to be recruited by military personnel undergoing military service under a contract, are not provided with additional rest in accordance with paragraphs 1 and 3 of this article (paragraph 3.1). The constitutionality of this legal provision is disputed in the complaint of citizen I.A. Markov, who served under a contract with the rank of senior warrant officer in military unit 6832, which, as follows from the presented materials, since January 1, 2007 belongs to military units of permanent readiness, transferred to filling military positions with military personnel serving under contract.

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

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

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

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

According to the applicant, paragraph 3.1 of Article 11 of the Federal Law “On the Status of Military Personnel” allows for inequality of military personnel, since it puts those who serve in military formations and military units of permanent readiness in a worse position compared to other categories of military personnel in matters of exercising the right for additional rest or receipt of monetary compensation instead of providing an additional day of rest when involved in military service duties in excess of the established duration of weekly service time, and thereby contradicts Articles 2, 7, 19 (parts 1 and 2), 45 (part 1), 55 , 59 (parts 1 and 2) and 71 (points “c” and “m”) of the Constitution of the Russian Federation.

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

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

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

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

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

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

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

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

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

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

3. In order to create the necessary conditions for the exercise of the right to rest by persons undergoing military service under a contract, the federal legislator in Article 11 of the Federal Law “On the Status of Military Personnel” provided for a number of guarantee provisions that fix the total duration of weekly service time and determine the mechanism for providing them additional days of rest both in the case of being involved in military service duties in excess of the established duration of weekly duty time, and when they participate in combat duty (combat service), exercises, ship voyages and other events carried out, if necessary, without limiting the total duration of weekly duty time , establishing, in case of participation in such events, also the possibility of paying, at the request of a serviceman, instead of providing an additional day of rest, monetary compensation in the amount of salary for each additional day of rest required (paragraphs 1 and 3).

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

3.1. Clause 3.1 of Article 11 of the Federal Law “On the Status of Military Personnel”, contested by the applicant, was introduced by Federal Law of April 26, 2004 No. 29-FZ “On Amendments to Certain Legislative Acts of the Russian Federation”, aimed at creating a legislative basis for the transition to manning formations and military units of permanent readiness with military personnel serving under contract, and for improving the combat readiness of these formations and military units, and in fact - for the implementation of the provisions of the Federal Target Program “Transition to the recruitment of military personnel serving under contract for a number of formations and military units” on 2004-2007, approved by Decree of the Government of the Russian Federation of August 25, 2003 No. 523.

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

Thus, for this category of military personnel, it was introduced special shape compensation in connection with their performance of military service duties beyond the established duration of weekly service time, which differs from the compensation provided in accordance with paragraph 1 of Article 11 of the Federal Law “On the Status of Military Personnel” to a military serviceman performing military service under a contract when recruited to perform duties military service in excess of the established duration of weekly service time, and from the compensation provided for in paragraph 3 of this article for participation in events carried out, if necessary, without limiting the total duration of weekly service time.

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

3.2. Federal Law No. 122-FZ of August 22, 2004 “On Amendments to Legislative Acts of the Russian Federation and Recognizing Certain Legislative Acts of the Russian Federation as Invalid in Connection with the Adoption of Federal Laws “On Amendments and Additions to the Federal Law “On general principles organization of legislative (representative) and executive bodies of state power of the constituent entities of the Russian Federation" and "On the general principles of the organization of local self-government in the Russian Federation", namely paragraph 6 of Article 100, paragraph 4 of Article 13 of the Federal Law "On the Status of Military Personnel" was set out in the new edition and no longer contained any mention of a special compensation mechanism for military personnel of permanent readiness military units.

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

Order of the Ministry of Internal Affairs of the Russian Federation dated February 2, 2004 No. 56 “On the establishment of a monthly allowance for special conditions of combat training separate categories military personnel of the internal troops of the Ministry of Internal Affairs of Russia” determined the size of the monthly allowance for special conditions of combat training for military personnel of the internal troops of the Ministry of Internal Affairs of Russia (which included the applicant). This order, as follows from its contents, was issued in pursuance of Article 13 of the Federal Law “On the Status of Military Personnel” and Decree of the Government of the Russian Federation dated August 25, 2003 No. 523 “On the Federal Target Program “Transition to recruitment of military personnel serving under contract” , a number of formations and military units" for 2004-2007", which confirms the identity of the allowance he established with the differentiated allowance for special conditions of combat training.

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

3.3. In connection with the comprehensive reform of the monetary allowance of military personnel carried out in 2011-2012 and the entry into force on January 1, 2012 of the Federal Law of November 7, 2011 No. 306-FZ “On the monetary allowance of military personnel and the provision of separate payments to them”, adopted with the aim of forming a new pay systems with an orderly set of additional payments, coefficients and bonuses to the pay of military personnel, by-laws that established bonuses for special conditions of combat training, have lost force. Meanwhile, the legislator’s approach, in which the specifics of military service under contract, including special conditions of service in formations and military units of permanent readiness (related, among other things, to the need to perform military service duties beyond the established duration of weekly service time), is subject to taken into account when determining the amount of their monetary allowance has not changed.

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

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

In addition, as can be seen from the complaint and the court decisions attached to it, the right to receive monetary compensation in exchange for the days of rest of I.A. Markov associates with participation in hostilities during business trips to the territory of the North Caucasus region of the Russian Federation. Meanwhile, for the participation of a serviceman in combat operations, the legislation on military service provides for special compensation payments in an increased amount on the basis of special regulations. Thus, for certain categories of military personnel, including military personnel of the internal troops of the Ministry of Internal Affairs of Russia, undergoing military service under a contract and sent to the territory of the North Caucasus region of Russia, by Decree of the Government of the Russian Federation of December 29, 2011 No. 1174 “On additional payments to certain categories of military personnel and employees federal executive authorities" (as was enshrined in the previously effective Decree of the Government of the Russian Federation of February 9, 2004 No. 65 "On additional guarantees and compensation for military personnel and employees of federal executive authorities participating in counter-terrorism operations and ensuring law and order and public safety in the territory North Caucasus region of the Russian Federation") additional payments are provided in addition to the salary. In accordance with certificates from the Ministry of Internal Affairs of the Russian Federation and military unit 6832 on the composition of I.A.’s allowance. Markov in 2012, for performing tasks as part of the United Group of Forces in the North Caucasus region of Russia, for each month of his stay on a business trip, he was paid an additional allowance in an amount comparable to his monthly allowance.

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

4. Thus, paragraph 3.1 of Article 11 of the Federal Law “On the Status of Military Personnel” cannot in itself be considered as violating the constitutional rights of the applicant, since - both in the system of provisions of normative legal acts that have lost force, and in the system of current legal regulation - when determining the amount of pay for military personnel, it involves taking into account the special conditions of service in formations and military units of permanent readiness, including those related to the need to perform military service duties beyond the established duration of weekly service time.

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

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

1. Recognize the complaint of citizen Ivan Aleksandrovich Markov as not subject to further consideration at a meeting of the Constitutional Court of the Russian Federation, since to resolve the issue raised by the applicant it is not necessary to issue a final decision in the form of a resolution provided for in Article 71 of the Federal Constitutional Law “On the Constitutional Court of the Russian Federation”.

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

Document overview

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

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

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

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

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

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

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

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

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

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

Combat readiness

combat And educational.

— combat readiness — "CONSTANT" ;

— combat readiness — « INCREASED" ;

— combat readiness — "MILITARY DANGER" ;

— combat readiness — "FULL."

At this level of combat readiness:

Forum for mutual legal assistance of military personnel

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

- out of combat readiness "Constant"

- out of combat readiness "Increased"

Out of combat readiness "Constant"

Out of combat readiness "Increased"

Combat readiness "FULL"

At this level of combat readiness:

"Full"- install:

- out of combat readiness "Constant"

- out of combat readiness "Increased"

"Constant"- no more than 12 hours

"Full"

Combat readiness

"Full"

2nd study question

Or “Company (battalion) - rise”, "Collection announced."

Is it the rest chny

Degrees of combat readiness

The concept of combat and mobilization readiness.

Combat readiness- this is a state of the Armed Forces in which they are capable at any moment and in the most difficult conditions of the situation to repel and thwart enemy aggression, no matter where it comes from and no matter what means and methods are used for this, including nuclear weapon.

Combat readiness- this is the ability of units and units to be brought into combat readiness in the shortest possible time, at any time of the day, under any climatic conditions and circumstances and under the threat of the enemy using weapons of mass destruction.

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

Activities for bringing to the highest levels of combat readiness are divided into: combat And educational.

Bringing a military unit to the highest levels of combat readiness is carried out in order to prepare it for a combat mission. At the same time, the entire personnel of the military unit with the weapons, military equipment and other material resources assigned to them is withdrawn to the concentration area.

It should provide:

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

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

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

- organization of commandant service when entering the assembly area or concentration area.

Combat readiness testing is carried out in order to check the training of units, the ability of the unit's control bodies to ensure the implementation of measures when bringing the unit to the highest levels of readiness or when the unit (unit) goes on exercises, in the event of a natural disaster, to extinguish a fire and solve other problems.

Units on constant combat readiness receive special attention

In this case, the military unit (unit) acts in accordance with the developed plan with established restrictions.

All military personnel must firmly know the procedure for the actions of a military unit (unit) when bringing them to the highest levels of combat readiness, as far as they are concerned.

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

Basic requirements for combat readiness:

— constant readiness of units and units to carry out combat missions on time;

— maintaining high military discipline in the unit;

— high moral and psychological state of personnel;

— high field training of personnel;

— serviceability of weapons and military equipment, their constant readiness for combat use.

Combat readiness is achieved:

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

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

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

4. The completeness of formations, units and subunits with weapons, combat and automotive equipment and supplies of material assets, their correct maintenance, operation and storage.

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

— combat readiness — "CONSTANT" ;

— combat readiness — « INCREASED" ;

— combat readiness — "MILITARY DANGER" ;

— combat readiness — "FULL."

Combat readiness “CONSTANT”- this is a state of the Armed Forces, divisions and units in which the troops are at a point of permanent deployment, are engaged in daily activities, are maintained according to peacetime staff and time sheets and are able to move to the highest levels of combat readiness within the established time limits.

The allocated units and subunits are on combat duty and carry out missions according to plans.

At this level of combat readiness:

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

8. Material and technical means are stored in warehouses or on vehicles in readiness for issue and removal to areas of concentration in formations and reduced-strength units.

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

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

At this level of combat readiness:

— In headquarters of all levels and military registration and enlistment offices, 24-hour duty is established for generals and officers from among the management personnel.

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

— Formations, units and subunits located at training grounds and in training areas return to their garrisons.

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

— Weapons and military equipment are brought into combat condition.

— Enlisted personnel undergoing training, automobile equipment supplied from the national economy, are detained in the troops until further notice.

— Dismissal of persons who have served their terms of service is suspended.

— Military supplies of material and technical equipment are loaded into combat vehicles and vehicles.

— Excess stocks (extra mobile) of material and technical equipment, barracks funds, training equipment and property are being prepared for transfer.

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

Combat readiness "MILITARY DANGER"- this is a state in which formations, units and subunits withdrawn to areas of concentration are quickly brought to completion of tasks in accordance with their purpose. Bringing units and formations into combat readiness “Military Danger” is carried out on a combat alert.

At this level of combat readiness:

2. The time for leaving military camps from the moment of declaration of combat readiness should not exceed:

- out of combat readiness "Constant"

- out of combat readiness "Increased"

3. The time for bringing formations and units in concentration areas into readiness for execution is established:

a) without additional staffing to wartime staff:

Out of combat readiness "Constant"

Out of combat readiness "Increased"

b) with additional staffing to wartime levels - no more than 12 hours.

4. The time for receiving, organizing the core and deploying a personnel reception point (PRPS) and equipment reception point (PRT) should not exceed 8 hours.

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

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

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

At this level of combat readiness:

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

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

3. Formations and units are prepared to perform tasks for their operational purpose.

4. Time to bring connections and units into constant readiness

"Full"- install:

a) without staffing to wartime levels.

- out of combat readiness "Constant"

- out of combat readiness "Increased"

b) with additional staffing to wartime levels from combat readiness

"Constant"- no more than 12 hours

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

2nd study question

“Actions of personnel upon signals to bring a military unit (unit) to the highest levels of combat readiness”

Orders to introduce the highest levels of combat readiness to troops are given:

- in writing, with their delivery by courier or with transmission via encryption (coded) and secret communications;

— established signals (commands), with their transmission through automated control, warning and communication systems;

— orally in personal communication, followed by written confirmation.

When checking the reality of the worked out plans for mobilization and bringing to a level of combat readiness, restrictions are introduced:

— troops are withdrawn to concentration areas (unplanned areas), operational areas are not used.

— personnel are not called back from business trips or vacations.

— reactivation of weapons and military equipment in long-term storage, bringing batteries into working condition are carried out in the minimum quantity necessary to perform inspection tasks.

- supplies intended for mobilization from the storage point are removed in minimal quantities, determined by the person performing the inspection.

— practical supply of mobile resources is carried out in the amounts established for these checks.

The unit duty officer, having received a signal to bring the unit to various degrees of combat readiness, communicates the received signal to all units and the unit commander using the signal installed in the unit (via the “Cord” system, by telephone or siren signal).

Unit duty officers, having received a signal to put them on alert, clarify it with the unit duty officer and then raise the personnel by voice “Company (battalion) rise - ALARM, ALARM, ALARM” or “Company (battalion) - rise”, and after waiting for the personnel to rise, announce "Collection announced." In the daytime, upon receipt of a signal, all personnel are called to the units. At night, after the personnel have risen, messengers are sent for military personnel living outside the military unit. Driver mechanics and drivers, under the guidance of senior officers, go to the park, receive the keys to the boxes and cars from the park duty officer, open the boxes and independently prepare the equipment before the officers arrive.

Personnel departing according to the combat crew for loading property, under the command of senior officers, leaves for warehouses and waits for the arrival of officers or warrant officers responsible for the removal of property.

Is it the rest chny The personnel not included in the combat crew depart to the assembly area (point).

Degrees of combat readiness

The concept of combat and mobilization readiness.

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

Activities for bringing to the highest levels of combat readiness are divided into: combat And educational.

It should provide:

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

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

- organization of commandant service when entering the assembly area or concentration area.

Combat readiness testing is carried out in order to check the training of units, the ability of the unit's control bodies to ensure the implementation of measures when bringing the unit to the highest levels of readiness or when the unit (unit) goes on exercises, in the event of a natural disaster, to extinguish a fire and solve other problems. In this case, the military unit (unit) acts in accordance with the developed plan with established restrictions.