I want to serve as reserve officers. Russian weapons. What is the procedure for reinstating an officer into military service?

In February 2018, he was discharged from military service into the reserve at his own request, paragraph 6, article 51, Federal Law 53 on military duty and military service from the post of deputy unit commander for work with personnel. I want to return to military service. Military rank...

17 September 2018, 13:20, question No. 2108084 Alexander, Yeniseisk

300 price
question

the issue is resolved

How to deal with an unpaid military mortgage upon reinstatement?

The situation is this: I purchased an apartment for military mortgage using a bank loan. Resigned with 10 years of service calendar years. After 9 months, she was reinstated in service in another unit in 2017. If I understand correctly, it should have been after...

What is the procedure for reinstating an officer into military service?

Hello! How is the officer reinstatement process going now? I want to be reinstated into military service, rank of lieutenant colonel, 39 years old, university education: engineering and technical, communications. Thank you

April 18, 2017, 04:04, question No. 1611728 Alexander, Petropavlovsk-Kamchatsky

Who is the administrative defendant in a claim for reinstatement of a serviceman to military service?

Hello, please tell me who to indicate as an administrative defendant in the administrative statement of claim about the reinstatement of a serviceman to military service? An order for early dismissal signed by the commander of the troops. Order on...

Are reserve officers entitled to allowances upon reinstatement?

Hello! Husband finished military academy in 2007, according to distribution he ended up in Khabarovsk region, served there for 3 years and resigned due to general medical conditions, worked in civilian life for 5 years and this year was reinstated to service under a contract - is he entitled to allowances?

I am an officer, I was dismissed from the army without providing the required property

Good afternoon, dear lawyers! I am an officer, graduated from college in 2010, at the end of the first contract I decided to resign from the ranks of the Armed Forces, since I served in the Far North region, I am entitled to food rations, the opportunity to receive during...

500 price
question

the issue is resolved

Receiving the rank of officer at the military department

Hello at this moment I am a 4th year student at the South Russian State Polytechnic University named after. Platov I study at military department, and here’s the actual question, a law has been passed stating that the title is awarded only with the highest full...

03 September 2016, 18:37, question No. 1366030 Dmitry, Rostov-on-Don

Military service of an officer and biased attitude of command

Hello, my name is Anton. I am an officer of the Russian Armed Forces with the rank of major. I have a problem in my service, they are trying to “eat” me, although things are not going badly for me and even better than for other officers. Now the commander has given an ultimatum: -go on vacation and take...

Restoring an officer's rank while studying at the military department at Osh State University?

I am contacting you with this question: can I restore military rank reserve officer, the fact is that I studied at a university federal significance at the military department, a university of federal significance: the former Osh State University of T., SGEI at Batgu, when I registered...

Reinstatement after dismissal

I want to be called up again! resigned of his own free will in 2009! captain. Chechnya 1995

Reinstatement in military service if there is a position

Good afternoon. Reserve officer, 27 years of service, age - 50 years, Candidate of Sciences, Chernobyl veteran. Dismissed in 2010 due to OSH. In 2015, the Federal Law on conscription and military service was amended, in which the age limit for military service was increased....

18 February 2016, 22:18, question No. 1150112 Sergey Vladimirovich, Krasnodar

Is it possible for a military personnel to study at a civilian university?

Good afternoon. The problem is this. I am a military man. I have been doing military service under contract since 2011. The total duration of military service under a contract is 5 years. Education - secondary specialized (graduated from the Military Institute). IN...

In the case of illegal dismissal from military service of a serviceman before he acquired the right to a pension for length of service or without providing him with living quarters, he, on the basis of clause 2 of Art. 23 Federal Law“On the status of military personnel” is subject to reinstatement in service in the previous (or with his consent - equal or not lower) position with compensation for all losses caused and compensation for moral damage.

At the same time, recognizing a serviceman as unfit for military service due to health reasons or reaching the age limit for military service cannot serve as an obstacle to making such a decision.

In the case when dismissal of a serviceman who served under a contract , produced at legally, but the procedure for dismissal of a serviceman established by the Regulations on the Procedure for Military Service has been violated, a decision should be made not to reinstate the serviceman in military service, but only to cancel the order to remove this person from the lists personnel military unit, restoration of directly violated rights and compensation for damage.

In this case, the period during which the violated rights were restored must be included in the period of military service by imposing on the relevant official the obligation to change the date of exclusion of the serviceman from the lists of personnel of the military unit.

If the serviceman himself does not raise the issue of this restoration, a decision is made only to eliminate the violation.

Full restoration of the violated rights of a serviceman dismissed from military service without payment involves his reinstatement in the lists of unit personnel until all amounts due are paid.

How to recover after dismissal due to organizational and staffing measures (OSM)?

In connection with the reform carried out in the Armed Forces in last years, many military personnel were dismissed early, before the expiration of their contracts, due to organizational and staffing events (OSM).

Dismissal according to the OSH occurs in cases where:

1. There is a reduction in the position held and there is no possibility of appointment to a similar one;

2. The military rank of the position held is reduced;

3. The period of being at the disposal of the unit’s command has expired, etc.

To be reinstated in the army after dismissal under this article, there should be no obstacles - you need to contact the military registration and enlistment office, pass a commission and perform other actions similar to concluding a new contract.

However, it must be remembered that upon dismissal due to general military training, a serviceman is entitled to certain guarantees and benefits. If they were not provided, or the dismissal was carried out with violations and it can be proven in court, the serviceman is subject to mandatory reinstatement in service with payment of compensation for the entire period of illegal dismissal.

Reinstatement due to breach of contract

There is a common misconception , that dismissal for violation of contract terms is possible only if there is a certain number of penalties and reprimands. However, any violation of the charter or legal requirements may be regarded as NUS and serve as a reason for dismissal. In essence, dismissal under the NUC is a disciplinary measure, and the commander has the right (but not the obligation) to apply this measure at your own discretion.

If it so happens that a serviceman was dismissed from the army in connection with the NUC, it will be quite problematic for him to be reinstated in service, since this wording is very broad and can imply both minor violations of service and serious offenses. To be reinstated, you must go to court, where you will have to prove the unlawfulness of the dismissal. If you disagree with the court's decision, you can file cassation appeals to higher authorities.

Sometimes dismissal due to NUC is confused with dismissal due to service inconsistency, but the latter is a fundamentally different basis for excluding a serviceman from the lists of unit personnel. To determine the service discrepancy of a serviceman, his official certification is carried out; the serviceman must be informed of the decision of the certification commission, which is recorded with his signature.

If you disagree with the decision, you may not sign the commission’s official conclusion and contact the military prosecutor’s office. Recovering from dismissal due to non-compliance will be quite problematic, so it is better to prevent exclusion from the lists on this basis.

Is it possible to recover after being fired for health reasons?

Sometimes the question arises of how to reinstate yourself in the army after dismissal due to limited fitness for health reasons. If, after undergoing a course of treatment and improving his health, a serviceman wishes to return to the army, he needs to go to the military hospital at the place of military registration in order to conduct a second commission. In this case, it is not recommended to involve independent licensed medical institutions.

Instructions

Dismissal from military service can occur due to various circumstances. It is on these circumstances that the possibility and procedure for the restoration of a former military man depends. service. In cases where we are talking about unjustified or illegal dismissal, as well as dismissal carried out in violation of the norms of the Federal Law "On Military Duty and Military Service", reinstatement to service carried out in court.

In such circumstances of dismissal, file a claim for reinstatement with the local judicial authorities, attaching to the claim a justification for the illegality or groundlessness of the dismissal. Based on the court decision, the dismissal order is canceled and the citizen is reinstated to military service. service with mandatory compensation for losses incurred for the entire period of non-fulfillment of duties.

In the case where there was a dismissal at your personal request, or due to staff reduction, reinstatement is not made. At the same time, the legislation and practice of military recruitment service the possibility of concluding a new contract is allowed, provided that the age limit for military service has not been reached at the time of dismissal.

Finally, the third probable reason for dismissal is a violation by the serviceman himself of the terms of the contract, on the basis of which the dismissal was carried out. Usually in such cases we are talking about violation of the service regime, non-compliance with the rules internal regulations, the reason may also be a crime committed, an outstanding criminal record, etc. This is exactly the case when the path to recovery is closed, since to return to service a new contract will be required, and personnel services extremely rarely agree to conclude one with a serviceman discharged under such negative circumstances.

Sources:

• military reinstatement

If you were fired at the initiative of your employer and you do not agree with this, then in some cases work You can return it and get compensation for the whole time forced downtime. Terminating the employment relationship in unilaterally, the employer must comply with all rules and complete all documents in accordance with regulations Labor Code Russian Federation.

You will need

• -statement
• -copies of documents on the basis of which you were fired or laid off
• - work record book and its copy

Instructions

An employer may terminate an employment relationship on its own initiative in cases provided for by labor legislation. If the employee is not suitable for the position held; violates discipline; lost trust, which applies only to financially responsible persons; divulges official secrets.

In all cases of termination employment contract the employer must draw up an act of violation, a written reprimand with punishment, written explanation from the offender. All documents are signed by the commission created to consider this violation and the violator. If this procedure is not carried out before dismissal, then the dismissal is considered illegal.

Come to the military commissariat where you are registered with the military. If you are deregistered due to age or other reasons, contact the one to which you belong at your place of residence and. A complete list of military registration and enlistment offices can be found on the website of the Ministry of Defense of the Russian Federation. You must have a passport with you, as well as a military ID or other documents that remain with you as evidence of service.

Write a statement stating that you wish to enter military service under a contract. It is drawn up according to the sample that will be given to you on the spot. At the same time, you can indicate as your preferred branch of the military in which you are most attracted. It does not have to be the same as the experience you had in your previous service. But keep in mind that the highest probability is that you will be assigned to the position in which you have experience and knowledge.

Pass a medical examination. It is carried out in three stages, and the first of them is controlled by specialists from the regional military commissariat. The check will be carried out on general state health, as well as fitness for military service.

When your candidacy is approved, discuss all the details of the contract and assignment to the unit by the commissioner. At this point, before signing the contract, you should reconsider your decision to return to . After all, according to Russian legislation to terminate the contract you will have to have more compelling reasons than own wish.

Video on the topic

Sources:

• Official website of the Ministry of Defense of the Russian Federation
• how to re-enter military service

It happens that after leaving work, after some time a person realizes that the place he left was not so bad. Or at new position everything turned out not to be as promised at the interview. And then the decision is made to return to the previous job.

Instructions

If you decide to return to your old place of work, call your former colleagues. Ask them if your position is available. If the vacancy is closed, ask to see if there are similar positions in other departments.

If there is a vacancy, no matter in your department or another, call your . Say that at the new place of work everything seemed completely different from what you expected, praise his ability to organize the work process and ask if you can go back. Explain that you are aware of the available positions and that you are ready to start working as soon as possible.

Tell us that in your new job you have mastered new skills, developed a client base, discovered profitable suppliers, etc. Let the manager make sure that by hiring you back, he will acquire a more qualified employee for the same salary.

Very often, employers prefer to hire employees they already know rather than look for new ones. Ask former boss recommend you to the head of another department if there are no vacancies in yours. A person who does not come from “outside” is looked at differently. It turns out to be a priority when there are candidates who have not been recommended by anyone.

If you have been invited for an interview at old job, dress in a business suit. And it doesn’t matter that everyone you meet there is familiar to you. Employers should once again make sure that you made the right choice, so show them that you are a responsible and collected person, a professional who will cope well with the most difficult tasks.

Due to various life circumstances, officers in the reserve may express a desire to be reinstated in military service. The likelihood of a positive decision depends on the reasons for leaving the reserve, the state of health, the age of the applicant, the level of his physical fitness, the time that has passed since dismissal, and the availability of a vacant position to be filled. It is possible to talk about reinstatement in the army only in case of wrongful dismissal; in all other cases, it is appropriate to talk about concluding a new contract.

Reinstatement of a reserve officer in the RF Armed Forces

Reinstatement of a reserve officer to military service is impossible if he reaches the age limit for service, but it is quite possible in situations where he was previously dismissed for:

• organizational events;
• family circumstances;
• state of health.

It is worth understanding that, in a legal sense, the officer will not be reinstated; he has the right to enter into a new contract if the reasons that led to the previous dismissal are eliminated.

The requirements for a candidate to conclude a contract are the same:

• absence of a criminal record and no current criminal proceedings against the candidate for service;
• acceptable age and physical training, provided for by the standard for each age group;
• absence of diseases specified in the medical list of admission to service.

The procedure is approved by regulatory documentation. The first step will be a visit to the military registration and enlistment office, where the reserve officer is registered with the military. You must have a passport and all documents related to service in the Armed Forces. A diploma of education and a certificate of retraining, if available, will not be superfluous. In accordance with the sample presented at the stand, you should write a statement indicating personal data and wishes for the conditions of service. If there are vacancies corresponding to your education, rank and previously held position, you will be asked to undergo a medical commission (at your place of residence and a specialized medical examination), and pass. If the officer meets all the requirements of the vacancy, then the issue of concluding a contract will be resolved positively. Be prepared for a long wait, the duration of which depends on:

• speed of passing the medical examination;
• deadlines for receiving a response to a request for a clean criminal record;
• whether there is a need for intradepartmental movement of documents.

Employment may be refused on the same grounds as when concluding the first contract.

Reinstatement after dismissal due to a medical condition or health condition

If an officer was previously dismissed due to organizational arrangements due to the reduction of his position and the impossibility of providing him with a similar one, reinstatement is possible in another unit where there is a vacancy that does not contradict the candidate’s track record.

Note! The benefits provided for will be canceled in case of re-recruitment.

If a military man’s health has improved after dismissal and he wants to continue serving in the Armed Forces, the soldier has the right to undergo the Military Medical Examination. If doctors lift health restrictions, there are no obstacles to concluding a contract.

You should not present the conclusion of independent examinations to the IHC; it is better to submit an extract from the departmental medical institution where the officer underwent treatment or rehabilitation.

Is it possible to recover in connection with NUC?

Unfortunately, the likelihood of returning to service after dismissal due to contract violations is extremely low due to the fact that this reason is considered discreditable. It will be difficult for the officer to prove that he violated the provisions of the contract, because he was not fired for family reasons, or the dismissal according to the National Code took place due to personal hostile relations with the commander. Even if these justifications are true, personnel department employees will decide what is more important for the unit: the officer’s exclusive knowledge and skills or his quarrelsome nature. When dismissing, you should always take into account the likelihood of returning to service, and try to maintain a decent appearance of your record. Dismissal due to a warning about incomplete suitability for the position held closes the path to the army with an almost 100% guarantee.

Return to the army after illegal dismissal

In case of wrongful dismissal, the officer should take legal action. If the judicial authority establishes violations related to the dismissal of a military man before the right to receive a pension or without providing him with housing in a legal manner, then he must be reinstated in the lists of the unit by a court decision. The Ministry of Defense must eliminate violations regarding the provision of the right to housing and pensions, and pay the amount not received Money, and compensate for moral damage. Dismissal for medical reasons or due to the age limit for service will not become an obstacle to the restoration of the military’s rights to housing and pensions. A serviceman who has been dismissed due to non-compliance with the terms of the contract or as a result of a penalty imposed due to incomplete performance should follow the same scheme.

Important! Resolving the issue through the court will take quite a lot of time, but if the military man wins, he will be compensated for all material damage and moral damage.

If it can be proven that there was no violation of the contract on the part of the military man, or it turns out that the imposed penalty was declared unlawfully, he will be reinstated in service in the prescribed manner.

The personnel department may commit violations, as a result of which the court makes a decision to include the officer in the lists of the unit without reinstating him in his position.

Violation of the dismissal procedure

Exists arbitrage practice to restore the rights of a serviceman in the event of dismissal on legal grounds in violation of the resignation procedure. The court's ruling cancels the order, orders the elimination of violations, and compensation for damage resulting from this. The period required to restore rights is included in the period of service by changing the date of exclusion from the list of personnel.

Dismissal without pay

In this case, it is necessary to reinstate the officer who has not received full payment on the unit list until all due payments have been made.