I work as a personnel officer at a car company. The team is mostly men, most of us are registered with the military. Two young drivers are planning to apply to the military registration and enlistment office in order to sign a contract with the Ministry of Defense to stay in the mobilization human reserve. This is the first time I've encountered such a situation. Please tell us, will the conclusion of this contract somehow affect the work of employees? Is there anything required from HR? What documents will have to be drawn up and how long can the procedure last?
In order to answer your question, first of all, you need to understand what a stock is and what types of stock are established.
In accordance with Art. 51.2 of the Federal Law of March 28, 1998 No. 53-FZ "On military duty and military service" (hereinafter referred to as the Law on Conscription) mobilization reserve of the Armed Forces of the Russian Federation (hereinafter referred to as the Armed Forces of the Russian Federation) created to staff formations, military units for the period of mobilization deployment.
The stock consists of:
1. Mobilization human reserve.
Mobilization manpower reserve (hereinafter referred to as the reserve)- citizens who are in the reserve and have duly concluded a contract on staying in the mobilization human reserve (hereinafter referred to as the reserve contract). This concept was introduced on January 1, 2013 by the Federal Law of December 30, 2013 No. 288-FZ.
2. Mobilization human resource.
Mobilization human resource - citizens who are in the reserve and are not part of the reserve.
Your employees who are in the reserves of the RF Armed Forces may enter the mobilization human reserves of the RF Armed Forces. This is done only on a voluntary basis by concluding a contract on staying in the reserve. The procedure for entering the reserve, staying in it and exclusion from it is determined by the Law on military duty, other federal laws, as well as the Regulations on the procedure for the stay of citizens of the Russian Federation in the mobilization human reserve, which entered into force on September 15, 2015, approved. Decree of the Government of the Russian Federation of 03.09.2015 No. 933 (hereinafter referred to as the Regulation on being in reserve), and other legal acts of the Russian Federation.
Our Reference: Stock Composition
Citizens in the reserve are divided into three categories:
Note:
- All female citizens who are in the reserve belong to the third category. Officers with military ranks remain in the reserve until they reach 50 years of age, the rest - up to 45 years.
- Age set 30 September 2014
The admission and stay of an employee in the mobilization human reserve can be divided into several stages, in each of which the employer is involved to some extent.
Stage 1. Submission by the employee of an application for the desire to conclude a contract on staying in the mobilization human reserve
An employee who has expressed a desire to conclude a contract independently submits an application to the department for municipal formation of the military commissariat of a constituent entity of the Russian Federation (hereinafter - the department of the military registration and enlistment office) where he is registered with the military, or in a military unit (clause 9 of the Regulations on staying in reserve). Together with the application, the citizen presents a document proving his identity and Russian citizenship, as well as other documents established by the Regulations on staying in the reserve.
Please note that two of the documents submitted by the employee to the military registration and enlistment office must be issued by you (the employer). This is a copy of the work book and job description from the last place of work.
Document 1. Copy of work book.
The employee responsible in your organization for maintaining work books, based on a written application from the employee (example 1) must make a copy of his work book. Deadline - no later than three working days from the date of submission of the application (Clause 7 of the Rules for the maintenance and storage of work books, approved by Decree of the Government of the Russian Federation of April 16, 2003 No. 225). In the same application, the employee may indicate the need to draw up a job description.
Example 1. Application for issuance of a copy of a work book and job description
How to make a copy of a work book?
Step 1. Make photocopies of each sheet of the original work book, including the title and reverse sides of the first cover sheet, on which certification notes about the changes and additions made can be made.
Step 2 Sheets numbered, stitched and sealed with the seal of the organization.
Step 3 On the first sheet, make the inscription "Copy", and on the last put down:
- confirmation inscription "Correct";
- the position of the person who certified the copy;
- signature decoding (initials, surname);
- certification date (clause 3.26 GOST R 6.30-2003 "Unified system of organizational and administrative documents. Requirements for paperwork", approved by the resolution of the State Standard of Russia dated 03.03.2003 No. 65-st).
Example:
Document 2. Service characteristic.
This is an official document containing a review of the official, scientific and other activities of an employee, including an assessment of his business, psychological and moral qualities.
Service characteristics are written on the letterhead of the organization (institution) in any form from a third party. Its text, as a rule, is compiled by the head of the structural unit (immediate supervisor), and approved by the head of the organization, sealing his signature (example 2).
Usually, in the text of the service characteristic, three parts are conventionally distinguished:
- surname, name and patronymic of the employee, date and place of birth; information about education (where, when and what educational institutions graduated, academic degree and title); composition of the reserve (military rank of the reserve); the position held at the time of writing the characteristics and the date of appointment to it; other positions in the organization and other personal data;
- assessment of professional skills and competence; business (for the leader) and personal qualities; work experience and practical skills; performance; completeness and quality of performance of official duties; ability to organize personal working time and adapt to innovations; psychological qualities, relationships with colleagues and clients, etc.;
- conclusions and purpose of the characteristic.
Example 2. Service record for admission to the mobilization human reserve
In the same time...
... the employee's disagreement with the content of the job description cannot be the subject of an individual labor dispute, since it does not affect the application of labor legislation and other regulatory legal acts containing labor law norms.
At the same time, an employee who regards the information set out in the job description as discrediting his honor and dignity or business reputation has the right to apply to the court with an appropriate statement of claim. The dissemination of information discrediting the honor and dignity of citizens or the business reputation of citizens and legal entities should be understood as the publication of such information in the press, broadcast on radio and television, demonstration in newsreel programs and other media, distribution on the Internet, as well as using other means of telecommunication. communications, presentation in official characteristics, public speeches, statements addressed to officials, or communication in one form or another (including oral) to at least one person.
Communication of such information to the person to whom they concern cannot be recognized as dissemination of such information if the person who communicated them took sufficient confidentiality measures so that this information would not become known to third parties. (paragraph 2, paragraph 7 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of February 24, 2005 No. 3 “On judicial practice in cases of protecting the honor and dignity of citizens, as well as the business reputation of citizens and legal entities”).
Stage 2. Passing a medical examination and a commission for the selection of candidates for the mobilization manpower reserve
If the application is positively considered in the military registration and enlistment office department, the employee will be sent for a medical examination and a commission for the selection of candidates for the reserve (hereinafter referred to as the selection committee). A medical examination and commission of an employee, as a rule, takes place in the premises of the military registration and enlistment office department, where he is called by a summons. It can be handed over by both employees of the department of the military registration and enlistment office (military registration desk), and the employer on behalf of the department of the military registration and enlistment office (Subparagraph “g”, paragraph 32 of the Regulations on military registration, approved by Decree of the Government of the Russian Federation of November 27, 2006 No. 719).
For the period of medical examination and passing of the selection commission, employees are released from work with the preservation of their permanent place of work and the payment of average earnings. They are reimbursed for expenses related to renting (sub-renting) housing and paying for travel from their place of residence (work) and back, as well as travel expenses (Clause 1, Article 7 of the Law on Conscription).
At the same time, military transportation documents for traveling to the place of conclusion of the contract are provided to the candidate only once during his stay in the reserve.
In order to comply with these guarantees, you must, on the basis of the subpoena, issue an order to release the employee from work with the retention of his place and reimbursement of expenses in accordance with the Rules for compensating expenses incurred by organizations and citizens of the Russian Federation in connection with the implementation of the Federal Law "On military duty and military service" , approved Decree of the Government of the Russian Federation of December 1, 2004 No. 704 (hereinafter - the Rules for reimbursement of expenses) (example 3). In such an order, the employer gives instructions to the heads of structural divisions to comply with the requirements of labor legislation.
Example 3. Order on release from work while maintaining a place of permanent work
Stage 3. Conclusion by the employee of a contract on staying in the mobilization human reserve
An employee recognized by the selection committee as meeting the requirements for enrollment in the reserve, on the basis of an order from the military registration and enlistment office department, will be sent to a military unit to conclude a contract.
The first contract is for three years. A new contract may be concluded for three years, five years, or for the period up to the age limit for being in the reserve (second category reserve).
For the duration of the performance of duties related to the conclusion of the contract, the employee is released from work with the preservation of his place and the payment of average earnings. He is reimbursed for expenses related to renting accommodation and business trips.
The department of the military registration and enlistment office provides the candidate with military transportation documents to the destination and back. Based on the instructions of the department of the military registration and enlistment office (by analogy with the order in example 3) the employer issues an order.
And what will it be?
The employer is obliged to notify employees of calls (summons) to the military registration and enlistment office and ensure the possibility of their timely appearance at the place indicated by the military registration and enlistment office, including during the period of mobilization.
Failure to notify employees by the head or other official of the organization responsible for military registration work about their summons to the military registration and enlistment office on a summons, as well as failure to provide them with the opportunity to appear on time when summoned on the agenda of the military registration and enlistment office, entails the imposition of an administrative fine in the amount of 500 to 1000 rubles. (Article 21.2 of the Code of Administrative Offenses of the Russian Federation).
Stage 4. Involving a reservist in certification, passing a qualifying exam and military training
While in the reserve, an employee may be involved in certification, passing a qualification exam and military training. Certification is carried out for the purpose of a comprehensive and objective assessment of the reservist, determining his purpose, compliance with the military position held and the prospects for further stay in the reserve. The reservist is certified three months before the expiration of the term of stay in the reserve.
A qualifying examination is conducted to make a decision on awarding a reservist a class qualification in the relevant specialty. Reservists take such an exam as needed, but at least once every three years.
Please note: an employee has the right to apply for admission to the reserve directly to the military unit.
After considering the candidacy of the applicant, the commander of the unit may send him for selection and paperwork to the department of the military registration and enlistment office, in which this employee is registered with the military. A request is made for this citizen addressed to the head of the military registration and enlistment office, which must be signed by the unit commander.
Then the reservist candidate goes through all the established stages of entering the reserve: consideration of the issue in the military registration and enlistment office department, medical examination, selection committee, conclusion of a contract. It must be taken into account that the performance of the duties of a reservist is carried out in accordance with the regulatory legal acts of the Russian Federation, as well as with the official regulations.
You should know
The expenses incurred by the organization in connection with the stay of their employees in the mobilization human reserve are compensated from the federal budget. To do this, you should contact the military registration and enlistment office
The reservist is obliged to appear at the military unit within the time period specified in the mobilization order, agenda and (or) order of the military commissariat, to perform duties in the corresponding military position.
Reservists are involved in operational, mobilization and combat training during military training. The total duration of military training, in which a reservist is involved, cannot exceed 24 months.
For all these periods, the employer issues an order according to the example 3 a form on the release of an employee from work while maintaining his place and average salary, as well as on reimbursement of other expenses (for housing, travel and business trips).
At the same time, all expenses incurred by the employer in connection with the stay of employees in the mobilization human reserve are compensated from the federal budget. To receive such compensation, you need to contact the military registration and enlistment office.
The employer also needs to know that employees in the reserve have the right to receive professional and additional professional education in military professional educational organizations or military higher education organizations without charging them tuition fees. (Clause 5.2, Article 19 of the Federal Law of May 27, 1998 No. 76-FZ “On the Status of Military Personnel”).
Summary
The employer must:
- draw up the documents necessary for an employee to apply for a contract;
- provide guarantees and compensations provided for by law, including dismissal from work with retention of the position and payment of average earnings for certain periods, as well as reimbursement of established expenses.
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As part of the reserve of the Russian Armed Forces, mobilization manpower reserve. Inclusion in the reserve will be carried out on a voluntary basis, under a contract.
Currently mobilization reserve The Russian army is 700 thousand people and consists mainly of retired conscripts, said Army General Nikolai Makarov, Chief of the General Staff of the RF Armed Forces.
According to him, the Ministry of Defense maintains plans to maintain the mobilization reserve. The number of contractors in the coming years will increase to maintain the combat capability of the army under any conditions.
The deputies of the State Duma considered in the first reading the bill, which radically changes the system of stay of Russian citizens in the reserve. As one of the authors of the document, Chairman of the State Duma Defense Committee Viktor Zavarzin, explained to the correspondent, we are talking about the creation in Russia professional mobilization human reserve, which the army command, the leadership of the Foreign Intelligence Service and the FSB will call under their banners during the war, major exercises or emergencies.
No one is going to forcibly drive people who have already served in the army into the barracks. To tear them away from home and work for a long time - too. The bill provides voluntary entry of reserve troops into the reserve army. It might look like this. Before leaving the army, the commander will offer the demobilized conscript to sign a contract, according to which yesterday's fighter undertakes to return to duty from time to time. Another way is to recruit contract reservists through military registration and enlistment offices.
To interest a person in "extracurricular" service, he will be paid monthly a certain amount. According to lawmakers, depending on the military specialty and army rank of a person, it can be 5-7 thousand rubles a month. According to the deputies, after a significant increase in army salaries in 2012, financial indicators are likely to be reviewed.
During the training period, the reservists will keep them average salary on a citizen. In addition, they will receive money like regular contractors. For such people, they also want to introduce additional payments, in particular, the regional coefficient and the monthly allowance for continuous stay in the reserve. The main thing is that the wallet of the "partisan" will be replenished regardless of whether he is working or is currently in a military unit.
Today, a soldier and a reserve officer are called into service about once every three years. Collections last no more than two months. It makes no sense to increase their duration - otherwise a person will simply be fired from a civilian job. But it is necessary to call reservists for retraining more often. The authors of the bill hope that financial preferences will arouse the interest of Russians in the mobilization service. So, there will be an opportunity to select really the best specialists there.
According to the document, for conclusion mobilization contract while you can count on:
- former soldiers-sergeants and warrant officers-midshipmen under the age of 42;
- junior officers up to and including the captain, not older than 47 years;
- majors, lieutenant colonels and corresponding naval officers - up to 52 years;
- colonels and captains of the 1st rank - up to 57 years old.
A qualification has also been established for graduates of military departments of civilian universities. Service contract for mobile reserve they will be banned from signing 15 years after being enlisted in the reserve and awarded the rank of lieutenant. As with active military personnel, the first "partisan" contract is designed for 3 years, the next - for 5 years.
Form a personnel in Russia mobile reserve deputies propose in several stages, and to begin with the creation of a second front for the Armed Forces. According to lawmakers, by January 1, 2012, it is realistic for the army and navy to recruit 4,300 reservists, and at the final stage in 2014 to have 8,600 professional reserves. Then, they say in the State Duma, the turn will come to recruiting a personnel reserve in the FSB and the Foreign Intelligence Service.
Well, and those soldiers and sergeants who, before being fired, do not want to sign a contract for service in mobilization reserve, will be included in the so-called mobilization resource. Staying there will not bring additional money to people. They will still remain liable for military service, but they will be called to army training less often than reservists. And in the event of an emergency, such people will be put under arms in the second place.
Yuri Gavrilov
In chapter
At the end of November, people in Russia started talking about creating a human reserve in case of a global war. Head of the Main Organizational and Mobilization Directorate (GOMU) of the Russian Defense Ministry, Deputy Chief of the General Staff of the RF Armed Forces Vasily Smirnov said that in the near future it is planned to create an institute of contract reservists. The general said that the issue of changing the concept of training citizens in the reserve is being actively worked out, at the same time a new system of training "reserves" is being created. How things are today with the mobilization reserve in the Russian army, how realistic are the plans of the military to create a new institution of reservists, the correspondent of Our Version understood.
According to the new plans, servicemen who have completed their conscription service and signed a contract for further service in the reserve will be able to become reservists. The services of "reserves" will be needed in case of war, when the reservists will have to quickly replenish the composition of the regular army. It is planned that the soldiers of the reserve will receive money for their readiness to immediately defend the Motherland in peacetime.
According to the forecasts of representatives of the Ministry of Defense, this institution will begin to operate in 2016. Amendments to the relevant regulations are currently being prepared. According to optimistic experts, the creation of the institution of reservists will not only solve the issue of mobilization, but may also serve as an impetus for abandoning the conscription system. And the problems with mobilization readiness are serious today - more than a year ago, the Ministry of Defense reduced the number of military commissariats in Russia by more than 20 times. Thus, the old system of mobilization was practically buried, which was completely tied to the work of these local military authorities. However, nothing new was created. As a result, according to experts, after the completion of the next reform, our army will not be able to ensure the country's defense in the event of a serious war, even on its own territory. This is based on the experience of recent military conflicts, which clearly shows that today not a single army in the world has sufficient potential to wage serious wars only with personnel.
The military understands this too. It is no coincidence that, in addition to units of constant readiness, more than 60 brigade storage bases were created. As planned, these bases will be storage facilities for military equipment; clothing, weapons and ammunition are stored nearby in the district warehouses. During the mobilization period, such bases will be deployed to wartime states at the expense of the mobilization reserve. Where this reserve will suddenly appear is still unclear.
Experts believe that a participant in such exercises, Colonel of the Reserve Evgeny Agafonov, shared his impressions of these events with Our Version: “It seemed that everything was done for show, it was supposed to hold training camps - they simulated their conduct. True, no one really knew what to do with the reservists. At best, adults cut off from work and families were “loaded” with political studies, the situation worsened even more during the collapse of the army, when such gatherings turned into gatherings that turned into mass drinking parties. One way or another, the reservists returned home without strengthening their military training in any way. At the same time, millions of state rubles were senselessly spent on such maneuvers.
The last time a major mobilization exercise was held in Russia was in 2008, as part of the Stability-2008 command post exercise. Then, as the military stated, for the first time in the post-Soviet period, an entire formation was deployed due to the call of reservists. To deploy a tank division, 10 thousand people were called up, mainly from the Perm Territory. Then the tankers even made a march from Perm to the Totsky training ground near Orenburg. The exercises were officially recognized as successful. However, it remained behind the scenes that the division was formed for almost three months, and such promptness for modern wars, to put it mildly, is insufficient. Also, nothing was mentioned about the funds spent and the titanic efforts of the employees of the military registration and enlistment offices, who for several months, day and night, literally caught reservists at the entrances. Nothing was reported about the level of training of the reservists. As we managed to find out, such storekeepers participated in the training camp, who did not take up arms, did not sit at the levers of tanks for several decades. It is not surprising that after the "successful" exercise, this division ceased to exist.
In the course of the current reform, new ideas on how to revive the mobilization system appear regularly. Initially, high-ranking generals announced plans to form a personnel reserve institute from among the reduced young officers who did not have time to earn a pension and receive other social guarantees from the state. There were about 60,000 of them. However, these plans were soon forgotten. Today, a unique situation has developed in the Ministry of Defense, when the role of the personnel reserve is actually performed by officers reduced as a result of the military reform. The so-called freelancers, whom the Ministry of Defense cannot fire due to lack of housing. These military personnel receive part of the allowance, while they are not assigned official duties, but in the event of war they will be required to take up arms. According to the most approximate data, there are about 100 thousand of them in the Ministry of Defense today.
According to experts, the institution of contract reservists, which the military proposes to create in 2016, is a direct copy of the American “first-level reserve”. In America, retired officers and specialists of the branches of the armed forces train once a year for a month as part of their reserve units and units of the National Guard. Plus, they participate in major exercises twice a year for two weeks. For this they are paid money and provided with all the benefits that are due to those who serve the state.
As Alexander Khramchikhin, head of the analytical department of the Institute of Political and Military Analysis, told Our Version, today there are more questions than answers in the situation with the creation of the institution of contract reservists in the Russian army. An attempt to copy the American system will most likely crash against Russian reality, since it requires strict control over the funds allocated for the maintenance of reservists and a responsible approach to their training. In addition, this system is not the most effective today, even among the Americans it fails, which was clearly shown by the war in Iraq, where regular units were head and shoulders above the reserve ones. For Russia, the principle of the militia army of Switzerland is more suitable, a significant part of which are trained reservists - former conscripts who are annually called up for training from the reserve. Or a close, in fact, Israeli version, where after the end of regular service, all privates and officers are called up annually for reservist training for up to 45 days, the expert believes. As a result, the Israeli army has 445 thousand people at its disposal, ready at any moment to carry out any combat mission together with personnel units.
It is still unknown on what specific principle the institution of contract reservists will be created in Russia, but it is obvious that, since the Russian military leadership plans to purchase the most modern weapons and equipment in the coming years, reservists should also be a match for it. This automatically puts forward higher requirements for their training, now their training should not be carried out on a case-by-case basis, but regular meetings and exercises are necessary. Military experts have calculated that the approximate cost of maintaining contract reservists will be 1-1.5 billion rubles a year. This is the minimum amount that will keep them in good shape and will not let them lose their qualifications. As a result, these funds will ensure the deployment of a mobilization reserve of 100,000 to 200,000 in case of war. At the same time, in peacetime, the reserve military should receive incentive payments of at least 8-10 thousand per month.
However, there is no certainty that this state of affairs will suit everyone, for example, employers, because the reservist will be obliged to disappear from his workplace several times a year, and it is not a fact that they will not try to fire such an employee at the first opportunity.
The military department was seriously concerned about the mobilization capabilities of the country. According to Vasily Smirnov, Deputy Chief of the General Staff, the Defense Ministry has developed a draft law that will radically change the system of Russian citizens being in the reserve.
The generals are in no hurry to publish their proposals in detail. But it is known that we are talking about the creation in Russia of a completely new structure - a mobilization reserve. Relatively speaking, this will be the second front that the army command will call under its banner during the war, major exercises or emergencies. In addition, units may appear in the Armed Forces where former conscripts will serve on a temporary basis.
The military are not going to forcibly drive them into the barracks, nor are they going to tear them away from home and work for a long time. The bill provides for the voluntary entry of reserve troops into the reserve army. It might look like this. Before leaving the army, the commander will offer the demobilized conscript to sign a contract, according to which yesterday's fighter undertakes to return to duty from time to time.
In order to interest a person in service in the reserve, the Ministry of Defense will pay a certain amount to the reservist every month. How many exactly - the generals have not yet specified. The main thing is that they want to replenish the purse of the storekeeper, regardless of whether he is working at the moment or is in a military unit.
The size of the army remuneration and the term of the contract, apparently, will depend on the military specialty and qualifications of the reservist. People with professions in short supply in the army, say, operators of air defense anti-aircraft missile systems, will probably be paid more. Repairmen or drivers, most likely, less. But the latter will not have to leave their families for a long time for army retraining. Mastering the "steering wheel" of a new military truck or armored personnel carrier is still easier than delving into the intricacies of the electronic brain of an air defense system. It is possible that with some categories of former soldiers it will not be necessary to conclude a contract at all. Why pay money to an ordinary shooter if his fire and tactical skills are easy to restore at short-term military training camps.
Considering that "technological" positions in the troops will soon be occupied by pro soldiers, the recruitment of their civilian backups for service in the reserve will be handled by military registration and enlistment offices. In our reserve army of successful businessmen and rich people there are only a few. Therefore, the generals hope that the material interest and traditionally benevolent attitude towards the army of yesterday's soldiers will force a considerable number of experienced military experts to respond to the initiative of the Ministry of Defense. They plan to call them for retraining only once a year. So the reservists are not in danger of losing their jobs. Moreover, according to the current legislation, it is forbidden to dismiss such employees. This ban will certainly remain in the new document. As well as the obligation of employers to pay the average monthly salary to subordinates who temporarily retired from the army.
A fundamentally new moment in the life of the reservists may be their temporary service at some objects of the Ministry of Defense. They are not expected in ordinary garrisons. After the transfer of all military units to the category of constant readiness, divisions and brigades were one hundred percent staffed with conscripts and contract soldiers.
However, in some places, instead of reduced regiments, bases for storing weapons and military equipment were left. This arsenal will be used during the deployment of the Armed Forces in a threatening period. However, in order for armored vehicles to drive and fire after a long "hibernation", rockets take off into the air, and planes take to the skies, all this economy must be maintained in a combat-ready state. They want to entrust such a task to the reservists.
As Vasily Smirnov noted, in the staff of each storage base there are 6 military positions and several civilian ones. The General Staff sees no point in appointing military professionals there - they are needed in the line units. Completing the bases with recruits is more expensive for yourself: clumsy soldiers will only spoil the equipment. But keeping experienced reserve specialists on a rotational basis is just that.
Another mobilization innovation could be the involvement of former soldiers in the elimination of the consequences of man-made disasters and natural disasters.
The leadership of the Ministry of Defense originally wanted to present a fresh look at the organization of army service and the preparation of a mobilization reserve in two new laws - on military service and on military duty. However, the desire of the generals to separate conscription and service issues did not find support. As a result, the State Duma will consider a single bill.
The formation of a reserve is a common practice in leading Western countries. Its staff in Germany, France, Great Britain and the United States exceeds the size of the armed forces. For example, in America the role of the "second front" is played by the National Guard. In addition, the army and air force have their own manpower reserves. In the Department of the Navy, the reserve is divided between the Marine Corps and the Coast Guard.
Americans serve in the reserve voluntarily, without fail signing a contract with the military.
Meanwhile
It is possible that the deputies will have questions about the mobilization initiatives of the General Staff. Moreover, among the legislators there are supporters of other options for the formation of a military reserve. Including - by the type of Belarusian. The following scheme of preparing a "second front" has been practiced in this country for 6 years now. They recruit not former military personnel, but draft youth. It is enough for a person to write an application to the military registration and enlistment office with a detailed explanation of the reasons for the impossibility of performing regular service as a soldier. Then get a certificate of good health from the doctors. If the applicant's arguments in the commissariat are considered weighty, he will be enrolled in the mobilization reserve. Service there takes place virtually without interruption from the main work. A conscript within a year, two or three years (the period depends on his education and level of military training) is called to study in a military specialty in one of the army units. Then comes the stage of a long stay in the reserve with episodic retraining at military training camps.
The diagram looks attractive. However, there is a serious argument against its introduction into Russian practice. Neighbors introduced service in the reserve due to an excess of conscripts who can be put into active service. In our country, as you know, there are always not enough recruits.
Citizens on the reserve
1. Citizens who are in the reserve of the Armed Forces of the Russian Federation, the reserve of the Foreign Intelligence Service of the Russian Federation, the reserve of the Federal Security Service of the Russian Federation may enter the mobilization manpower reserves of the Armed Forces of the Russian Federation, other troops, military formations and bodies on a voluntary basis by concluding a contract on being on reserve in accordance with this Federal Law.
2. The procedure for entering the reserve, staying in the reserve and exclusion from the reserve is determined by this Federal Law, other federal laws, the Regulations on the procedure for the stay of citizens of the Russian Federation in the mobilization manpower reserve and other regulatory legal acts of the Russian Federation.
3. Citizens who are in the reserve are reservists and have the rights and obligations established by this Federal Law, other federal laws and other regulatory legal acts of the Russian Federation.
reserve contract
1. The contract for the stay in the reserve is concluded between a citizen and on behalf of the Russian Federation - the Ministry of Defense of the Russian Federation or other federal executive body in which military service is provided for by this Federal Law, represented by the commander (chief) of the military unit in writing according to the standard form in the manner , determined by the Regulations on the procedure for the stay of citizens of the Russian Federation in the mobilization manpower reserve, and provides for the preparation of a citizen for military service for mobilization and the performance of military service duties by him in cases provided for by this Federal Law.
2. The contract on staying in the reserve fixes the voluntary admission of a citizen to the reserve, the period during which the citizen undertakes to stay in the reserve, and the terms of the contract on staying in the reserve.
3. The terms of the contract on staying in the reserve include the obligation of a citizen to stay in the reserve during the period established by the contract on staying in the reserve, to conscientiously fulfill the duties of a reservist established by this Federal Law, other federal laws and other regulatory legal acts of the Russian Federation, as well as the right a citizen to observe his rights and the rights of his family members, including the receipt of social guarantees and compensations established by federal laws and other regulatory legal acts of the Russian Federation.
4. The contract on staying in the reserve comes into force from the date of its signing by the relevant official in accordance with the Regulations on the procedure for the stay of citizens of the Russian Federation in the mobilization human reserve and terminates in the cases and in the manner established by Article 57.8 of this Federal Law.
5. The conclusion of a contract on staying in the reserve, its termination, as well as other relations associated with it, are regulated by this Federal Law, other federal laws, the Regulations on the procedure for the stay of citizens of the Russian Federation in the mobilization manpower reserve and other regulatory legal acts of the Russian Federation.
6. The contract on staying in the reserve provides for the condition that the federal budget funds spent on military or special training of the reservist are subject to reimbursement in the event of termination of the contract on staying in the reserve on the basis provided for in subparagraph "d" or "e" of paragraph 1 or subparagraph "b" or "c" of paragraph 2 of Article 57.8 of this Federal Law, as well as the amount of funds to be reimbursed.
Term of the reserve contract
1. The first reserve contract is concluded for a period of three years.
2. A new reserve contract may be concluded for a period of three years, five years, or for a shorter period - until the age limit for being in the reserve.
3. The age limit for being in the reserve corresponds to the age limit for being in the reserve, established for citizens from the reserve of the second category.
Conclusion of a reserve contract
1. The first contract on staying in the reserve may be concluded with a citizen who does not have citizenship (nationality) of a foreign state:
a) those who are in the reserve, who have previously completed military service and have a military rank:
- a soldier, sailor, sergeant, foreman, ensign and warrant officer - under the age of 42;
- junior lieutenant, lieutenant, senior lieutenant, captain, lieutenant commander - under the age of 47;
- major, captain of the 3rd rank, lieutenant colonel, captain of the 2nd rank - under the age of 52;
- colonel, captain of the 1st rank, - under the age of 57;
b) who completed training under the military training program for reserve officers at the military department at the federal state educational institution of higher professional education within fifteen years after being transferred to the reserve with the assignment of the military rank of officer.
2. A citizen entering the reserve must meet the requirements for citizens entering military service under a contract.
3. A contract on staying in the reserve cannot be concluded with a citizen:
a) having a deferment from conscription for military service for mobilization or exemption from military training;
b) in relation to whom an inquiry or preliminary investigation is being conducted or a criminal case in respect of which has been submitted to the court;
c) having an unexpunged or outstanding conviction for committing a crime;
d) who refused to go through the procedure for issuing access to state secrets or who was denied access to state secrets, if the performance of official duties by him in a military position, for which a citizen can be assigned to a military unit (may be assigned to a special formation) for conscription for military service for mobilization, is associated with the use of information constituting a state secret;
e) having citizenship (nationality) of a foreign state.
4. A contract on staying in a reserve may be concluded with a citizen who is in the state civil service of the Russian Federation, provided that he meets the requirements established by this Federal Law, and if the stay in the reserve does not cause restrictions and prohibitions related to the state civil service of the Russian Federation, determined by the Federal Law of July 27, 2004 N 79-FZ "On the state civil service of the Russian Federation".
Reservist Certification. qualifying exam
For the purpose of a comprehensive and objective assessment of the reservist, determining his purpose, compliance with the military position he holds and the prospects for his further stay in the reserve, an attestation and qualification examination of the reservist is carried out in the manner determined by the Regulations on the procedure for the stay of citizens of the Russian Federation in the mobilization human reserve.
Stay in reserve
The reservist performs military duty in accordance with this Federal Law and other regulatory legal acts of the Russian Federation.
Duties and Responsibilities of a Reservist
1. The reservist is obliged to appear at the military unit within the time period specified in the mobilization order, agenda and (or) order of the military commissariat, to perform duties in the corresponding military position.
2. The reservist also performs other duties established by the Regulations on the procedure for the stay of citizens of the Russian Federation in the mobilization manpower reserve.
3. In case of failure to fulfill the duties of a reservist, a citizen who is in the reserve is subject to disciplinary, administrative and criminal liability in accordance with the legislation of the Russian Federation.
Grounds for exclusion from the reserve
1. A citizen is subject to exclusion from the reserve:
a) by age - upon reaching the age limit for being in the reserve;
b) upon the expiration of the term of the reserve contract;
c) for health reasons - in connection with the recognition of him by the military medical commission as unfit or partially fit for military service;
d) in connection with the deprivation of his military rank;
e) in connection with the entry into force of a court verdict on the appointment of a reservist punishment in the form of deprivation of liberty or deprivation of liberty on probation;
f) in connection with the termination of citizenship of the Russian Federation or the acquisition of citizenship (nationality) of a foreign state;
g) in connection with the emergence of grounds for deferment from conscription for military service for mobilization or exemption from military training.
2. A citizen may be prematurely excluded from the reserve:
a) in connection with organizational and staff activities;
b) in connection with his failure to fulfill the terms of the contract on staying in the reserve;
c) in connection with the refusal of access to state secrets or the deprivation of the said access;
d) in connection with entering the service of the Investigative Committee of the Russian Federation, bodies and institutions of the Prosecutor's Office of the Russian Federation and appointment to the position of a judge.
3. A citizen who is in the reserve has the right to early exclusion from the reserve:
(a) in connection with a material and/or persistent breach in relation to his terms of the reserve contract;
b) for family reasons:
- in connection with the need for constant care for a father, mother, wife, sibling, sister, grandfather, grandmother or adoptive parent who, for health reasons, in accordance with the conclusion of the federal institution of medical and social expertise at their place of residence in permanent outside care (assistance, supervision), in the absence of other persons obliged by law to support these citizens;
- in connection with the need to care for a child under the age of 18, whom the reservist is raising without the mother of the child;
- in connection with the need to fulfill the duties of a guardian or custodian of a minor sibling or a minor sibling in the absence of other persons obliged by law to support these citizens.
4. A citizen who is in the reserve, according to the conclusion of the attestation commission, may be excluded from the reserve ahead of schedule at his own request if he has good reasons.