Age limit for military service. Dismissal upon reaching the age limit

The army is the rear and defense of the country, as it ensures a peaceful life for the people. The state is interested in strong defenders of the motherland. All nuances are regulated by legislative documents. Military science is based on a strong legal base, where everything is provided for in detail. The law specifies the age limit for military service.

concept

The length of service of military personnel depends on the availability of various advantages:

length of service determines earnings: the longer the length of service, the higher the wages;
some titles can only be obtained after a specific age has come;
if the service was long, then the pension will be high.

All questions about age restrictions are determined by 53 FZ, art. 49. The law specifies when a member of the armed forces may retire, as well as the period of holding a particular position. Such limits also apply to leaders who carry out political or scientific work. When this period is over, you need to retire. And if the employee does not agree to do this, then dismissal follows.

What does age limit mean?

The "Law on military duty and military service" was adopted along with the military legislation. Time frames are important in organizing the composition of an army. Soldiers must be physically fit and in good health. But with age, these necessary qualities decrease, which affects the performance of duties.

Many elderly contractors reach the rank of colonel, commander, general. Leadership positions require a lot of responsibility. Therefore, it is impossible for the duties to lie with the employee who cannot perform them due to poor health. To control the transition of people to retirement, a law was introduced that approves the age limit for military service.

What caused the restrictions?

The main reason for the introduction of restrictions are the physiological characteristics of people. Rich experience, broad theoretical training, knowledge of combat tactics are invaluable advantages of servicemen. But with the onset of old age, a person has less strength and energy, and a military man should not have insufficient physical training.

Another reason for limiting the age of service is the firmness of character and perseverance that all senior military ranks have. Not every person can leave the personnel, accept his age, the onset of old age. If there were no such law, then military personnel could not retire for a long time.

Age restrictions

In 2014, a change was made to the age limit for military service. Under the new rules, senior officials must retire at age 65. These include:

marshals of the Russian Federation;
admirals;
generals;
colonel generals.

Article 49 includes other rules. You can work in middle management positions up to 60 years:

lieutenant generals;
major generals;
vice admirals;
rear admirals.

Colonels and captains of the first level can work up to 55 years, and persons of other ranks - up to 50 years. For contractors serving in the bodies, other rules may be established.

Legislative changes

Prior to the changes, the age limit for military service was 5 years less. It turns out that the highest ranks should have been in office until the age of 60.

But the changes did not occur for all the defenders of the country. For example, the age limit for military service in the FSB and SVR is 45 years. This rule has been in place for many years. An extension to 50 is under discussion. In other cases, the age limit for military service does not change. Women can work until the age of 45.

Reasons for change

The change in the "Law on military duty and military service" is connected with insufficiently accurate ideas about reality. Previously, the average age parameters of men were smaller compared to today, when medicine is developed. It is unlikely that a commander at the age of 50 will not be able to do his job with high quality.

It also takes into account the fact that the elderly military have rich experience and a lot of knowledge in the organization of service. Experienced employees do their job correctly, and also prepare a new generation for quality performance.

Service time extension

There is another change in the law. When the age limit for military service has been reached, a person can serve for some more time. You can extend the activity up to 5 years. This advantage applies to higher ranks. It requires not only desire, but also the fulfillment of several conditions:

coordination with management;
passing certification;
the highest rank in his unit.

During the certification, physical and theoretical training is determined. This is usually difficult for older employees. If there is no successful completion of the test, the contract cannot be renewed.

Features of women's service

Now not only men, but also women are in the military service. Representatives of the weaker sex are also in demand in various specialties. They are valued for stress resistance, excellent work, discipline, responsibility. And without these qualities it is impossible to serve in the army.

By law, women are considered equal participants in military affairs with men. The exceptions include some circumstances of life, for example, the birth and upbringing of children. Ladies cannot hold positions with high risk and complex workloads.

But even though there is no gender discrimination between the military, there is still one difference. Women can serve only up to 45 years, which is prescribed by law. They cannot extend this period, since the Federal Law does not say anything about this.

Seniority

According to the law, a serviceman can receive a service pension in 2 cases:

if, upon dismissal, he has an experience of 20 years or more: this rule applies to employees in the Ministry of Internal Affairs, the fire service, and penitentiary bodies;
if at the time of dismissal there are 45 years, and the entire length of service is 25 years.

When these conditions are met, you can retire. If a person does not fall under these requirements, then the length of service is credited to the entire length of service. Then the military passes according to the general law.

Pension amount

If a military man has been in office for 20 years or more, then his pension payments will be equal to ½ of his income, which was given to him during the service. This also applies to those persons whose experience is 25 years, of which 12.5 have taken up work in the military sphere or the Ministry of Internal Affairs.

If the term exceeds 20 years, then 3% of the amount is charged for each year. With a mixed length of service (for example, 12.5 years in the military, and the rest of the time in another area), 1% is charged for each year. The amount of the pension consists of:

position salary;
salary by rank;
seniority bonuses;
indexation payments;
compensation.

Monetary allowance does not include allowances for service in highlands, remote areas, special conditions. The law states that the amount cannot be less than 100% of the main part of the old-age pension. Basic indicators are approved by the Government of the Russian Federation and laws. Even if the length of service has been worked out, the serviceman still has the right to pay an old-age pension.

Military personnel can receive a pension for years of service, as well as for old age. When calculating the amount of old-age benefits, the PFR does not take into account the time spent in military service. If it took place in special conditions, then a preferential option for calculating amounts is used. For example, if the military was a participant in hostilities, then the month is calculated as 3. This applies to service in the North Caucasus.

The law also indicates other cases when a pension is calculated according to special rules. Those who served in an unfavorable climate, for example, in the Far North, have benefits. Because of this, the size of pensions for each soldier may differ.

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

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

Legislation

Legislative regulation is carried out:

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

Definitions

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

basic information

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

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

Employment principles

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

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

Basic principles of employment of military personnel:

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

Termination of employment relationship

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

Main nuances:

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

Foundations

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

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

Timing

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

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

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

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

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

Below is a sample report:

Dismissal upon reaching the age limit

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

Exceptions

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

What are the payments

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

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

Lump sum

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

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

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

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

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

Other payments

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

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

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

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

Material aid

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

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

Recognized as unfit

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

In this case, the following payments are accrued:

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

Will there be an increase in the age limit for citizens in military service in the near future? This question worries many, and we will try to give an answer in this article.

How are things going in 2017

To date, the country continues to operate the 53rd law, which regulates the passage of service and other issues related to military duty. It was adopted in March 1998.

In April 2014, it was amended by another federal normative act number 64. In particular, the new wording of Articles 49 and 53 provides for extended periods of military service.

These amendments extended the term of stay in the army by 5 years. This rule applies not only to military personnel, but also to representatives of other law enforcement agencies equated to them:

Ministry of Internal Affairs, etc.

In accordance with this norm, the duration of official activity directly depends on what kind of rank a citizen has. It goes without saying that the officers were in the most advantageous position.

So, up to 65 years of age they have the right to remain in positions:

marshals;
army generals;
admirals;
colonel generals.

Up to 60 can serve in the Armed Forces:

major generals;
lieutenant generals;
rear admirals.

The allowable age of being in the Russian army was extended to 55:

colonels;
captains of the 1st rank.

Previously, the holders of the last titles worked only up to 50 years.

At the same time, the new law provides for the possibility for everyone to conclude another contract after reaching the maximum allowable age. In particular, holders of higher ranks on its basis can remain in the army for another 5 years, that is, up to 70, while the rest of the officers and generals are lower in rank - up to 65.

Current regulations for persons in reserve

The same 64th Federal Law changed the age limits for those who are in the reserve. Now, in accordance with it, privates, as well as warrant officers from the reserve, are allowed to be recruited for military service from the age of 35 to 50.

At the same time, from 50 to 60, the following can be called:

junior officers;
majors;
lieutenant colonels.

In turn, colonels in the reserve are now from 50 to 65 years old, and senior officers - up to 70.

In principle, such an approach is undoubtedly justified. It is difficult to call expedient the dismissal from the service of a general who has reached the age of 55 only because of his age. The specificity of his duties as a whole will allow him to fulfill his duties without difficulty for a long time.

At the same time, innovations do not cancel the right of military personnel to retire from the armed forces upon reaching a certain age. The same colonel has the ability to leave the service as early as 50 years old.

At the same time, for those who went to serve under a contract, it is important to have career prospects. After all, for example, when a 30-year-old enters the ranks, he probably wants to subsequently receive a military pension, which, under the old standards, was an unattainable task. Now he has every chance to serve to 50 and secure higher payouts.

Women

For women today, the maximum age of their service in the army is noticeably lower. Moreover, in this case, it does not matter to what rank the representative of the weaker sex has grown, one way or another, she will retire at the age of 45. This norm remains in force, and there is no reason to think that anything will change in the near future.

It is worth noting that such an approach violates the constitutional rights of women, since men, having the opportunity to be in the ranks of the RF Armed Forces for a longer time, also get more chances to rise to significant ranks.

However, the law leaves a loophole for female soldiers. In particular, after they reach the age limit, they have the right to sign a contract and stay for another 5 years in the army. Moreover, during this period they will receive promotions and new titles.

Every year, recruits to the army are worried about one single question: “Will the term of military service be extended?”. In fact, the excitement about this cannot be called unfounded. The Defense Committee of the State Duma has repeatedly put forward for discussion its proposal to increase the period of military service. The motive for bringing this question was the catastrophic shortage of ordinary soldiers in military units. In addition to the lack of personnel, the State Duma Committee on Defense is seriously concerned about the fact that a one-year military service cannot provide a sufficient quantity and quality of all the opportunities necessary to train real specialists. But the President of Russia rejected the proposal put forward by the legislators regarding military service. During a meeting of the collegium of the Ministry of Defense, Putin made a categorical dismissal of the increase in service life.

Is it possible to increase the retirement age for military personnel in 2018

In this situation, the resolution on the execution of an updated contract with personnel and the term of this contract is made by the following officials:

In relation to the highest officers and positions equated to them - the Supreme Commander-in-Chief of the country.
In relation to colonels, captains of the 1st rank and positions equivalent to them - the commanding staff of the federal executive body of the region in which service is supposed to be carried out.
With regard to military personnel in lieutenant colonel and captain ranks of the 2nd rank and below, the decision is made by those officials who have the right to appoint the listed military personnel to their positions.

A positive resolution on the execution of an updated contract with an age-old serviceman is adopted taking into account not only his practical qualities, but also his state of health.

Age limit for military service

Vladimir Shamanov also raised the issue that too many cases of evasion from receiving a summons have been recorded at the moment. According to him, the issue of legal liability, which should be under any circumstances, has not been fully resolved, so he and his team will probably deal with this soon.

Attention

As a result of the discussions held, a decision was made to raise the draft age in the Russian Federation in the future from 27 to 30 years. Thus, according to Vladimir Shamanov, many dodgers may lose interest as such in avoiding receiving a subpoena.

Apparently, as a result of this, they will have to immediately come to the military registration and enlistment office in order to agree to repay their civic duty to their dearly beloved and dear Motherland.

Military service in 2018

However, military pensions are calculated somewhat differently. So, in accordance with the current legislation, not only the military, but also other citizens who served in some units can apply for a military pension.
Military pension is divided into three types:

By the fact of having a certain experience.
By having a disability.
On the loss of a breadwinner. Assigned to family members of a military man who died in the line of duty.

According to the latest rumors, the state plans to increase the number of years that you need to serve in order to count on a military pension.
However, it remains to be seen whether these rumors are true. What you need to know The legislator does not establish a difference in the position of a serviceman to determine the required length of service upon retirement.

Conscription age in Russia in 2018

To receive a military pension, a person must have at least twenty years of service. Otherwise, a pension can be assigned on the basis of a mixed accrual procedure. Citizens under the age of 45 with a length of service of 25 years, half of which is military or other equivalent service, will have the right to a pension.
Legal framework The pension provision of the military is determined in accordance with several legal acts:

Some provisions of the Constitution that speak of the need for pensions for certain categories of citizens.
Federal Law "On pensions for persons who have served in the military, service in the internal affairs bodies".

Putin allowed to increase the age limit for officers

June 2017 at 5:44 pm Subject: Welfare The issue of extending the service limits for officers can be resolved positively, but the problem should be properly studied. This was announced on Thursday, June 15, by Russian President Vladimir Putin during a direct line.

Info

If you mean the term of service on conscription, then it will not be reviewed. And if we talk about the service life of officers, then you need to think about it.

I know that many officers would like to see their service life extended. It is necessary to study, to approach the issue seriously, having analyzed all the pros and cons, but in general this is possible, ”Lenta.ru quotes Vladimir Putin as saying.

Article 49. Maximum age for military service

Age limits for serving in the RF Armed Forces At present, Russian President Vladimir Putin and Russian Defense Minister Sergei Shoigu are going to throw all their efforts into optimizing the training of conscript soldiers. In addition, the Government plans to apply measures that will help increase the popularity of contract service. At the same time, military personnel have the right to choose for themselves the term of service - either one year (conscript service) or two years (contract service). Also, by decree of the President, the age limits for professional military service were extended.

Increasing the lower limit of seniority for military personnel from 2018

If necessary, it is now possible to call up privates and ensigns to the army up to 35, 45 and 50 years old, depending on the military specialty. The lower officers of the reserve can be called up to 50, 55 and 60 years.

Important

Reserves in the rank of major, lieutenant colonels and captains of the 2nd and 3rd ranks are called up to 55, 60 and 65 years, depending on the rank. Colonels and captains of the 1st rank are called up to 60 and 65 years old, and the highest officer reserve up to 65 and 70 years old.

Female reserve servicemen in the officer rank are called up to 50 years old, and the remaining ones - up to 45 years old. In addition, if a serviceman has approached the age limit for military service, a fresh contract can still be signed with him:

with marshals of the Russian Federation, army generals, fleet admirals, colonel generals, admirals - up to 70 years;
with military personnel in other ranks - up to 65 years.

Age limit for military service

1. With military personnel who have reached the age limit for military service and who have expressed a desire to continue military service, a contract may be concluded for a period of up to 10 years inclusive, but not more than they reach the age of 65 years.

2. The age limit for military service is set:

a) for the Marshal of the Russian Federation, general of the army, admiral of the fleet, colonel general, admiral - 60 years;

b) for lieutenant general, vice admiral, major general, rear admiral - 55 years;

c) for a colonel, captain of the 1st rank - 50 years;

d) for a serviceman with a different military rank - 45 years;

e) for a female soldier - 45 years.

3. A serviceman who has reached the age limit for military service, in order to conclude a new contract, submits a report on command to an official who has the right to make a decision on concluding a contract with the specified serviceman, at least six months before the expiration of the current contract.

Decisions on the conclusion of contracts with military personnel who have reached the age limit for military service, on the term of a new contract or on the refusal to conclude a contract are made:

a) for senior officers, as well as officers appointed to military positions for which the state provides for the military ranks of senior officers, by the President of the Russian Federation;

b) for colonels, captains of the 1st rank, as well as officers appointed to military positions for which the state provides for the military ranks of colonel, captain of the 1st rank - by the head of the federal executive body in which military service is provided;

c) for military personnel with a military rank up to lieutenant colonel, captain of the 2nd rank inclusive, - by officials who have the right to appoint these military personnel to their military positions.

4. If the relevant official decides to conclude a contract with a serviceman who has reached the age limit for military service and the term of its validity, the specified contract is signed by the commander (chief), who is granted the right to sign new contracts.

5. The decision to conclude a contract with a serviceman who has reached the age limit for military service is made taking into account his business qualities, as well as his state of health.

If necessary, the specified serviceman may be sent to undergo the IHC.

The conclusion of the VVK must be received by the official who has the right to make a decision on the conclusion of the contract, at least four months before the end of the term of military service of the specified serviceman.

6. The head of the federal executive body, which provides for military service, has the right to determine the categories of specialists with whom contracts can be concluded when they reach the age limit for military service.

7. For a serviceman who is doing military service in the position of the head of a federal executive body in which military service is provided for, who has reached the age limit for military service and who wishes to continue military service, the term of military service may be extended by the President of the Russian Federation, but not more than age 65 years.

8. The age limit for the military personnel of the foreign intelligence agencies of the Russian Federation to be in military service is established by the head of an independent foreign intelligence agency of the Russian Federation or by the head of the federal executive body, the structure of which includes the foreign intelligence agency of the Russian Federation, in the manner determined by the President of the Russian Federation, but cannot be less than the age limit established by the commented Federal Law (Article 17 of the Federal Law "On Foreign Intelligence").

Decree of the President of the Russian Federation "Issues of military service" dated September 16, 1999 N 1237 determined that the director of the Foreign Intelligence Service of the Russian Federation, the heads of federal executive bodies, which include the foreign intelligence agencies of the Russian Federation, when establishing the age limit for staying on the military service of military personnel of these bodies should be guided by the Decree of the President of the Russian Federation "On the procedure for establishing the age limit for the military personnel of the foreign intelligence bodies of the Russian Federation" dated April 21, 1996 N 574 (p. 2).

Decree of the President of the Russian Federation of April 21, 1996 N 574 determined that the establishment of the age limit for military service for military personnel of the foreign intelligence agencies of the Russian Federation is carried out by extending the period of their stay in military service.

Foreign intelligence agencies include not only the Foreign Intelligence Service of the Russian Federation, but also intelligence agencies that are structurally part of a particular ministry or department (for example, intelligence agencies of the General Staff of the Armed Forces of the Russian Federation, etc.).

9. The right to make a decision on the extension of the period of stay in the military service of military personnel of the foreign intelligence agencies of the Russian Federation who have reached the age limit established by the commented Federal Law is granted:

Minister of Defense of the Russian Federation;

Director of the Foreign Intelligence Service of the Russian Federation;

Director of the Federal Security Service of the Russian Federation.

10. Prolongation of the period of stay in military service by the relevant officials should be carried out taking into account the qualifications, business and moral qualities, and the state of health of the serviceman.

11. The decision to extend the term of military service is implemented by concluding with each of the servicemen who have reached the maximum term of military service, a contract for military service for a period of one year, three years or five years in the manner prescribed by departmental regulatory legal acts.

12. Letter No. а6-1082 of March 18, 2003, No. а6-1082, issued by the Main State Legal Department of the President of the Russian Federation "On the issue of concluding contracts for military service with servicemen who have reached the age limit for military service", provides the following clarifications.

The procedure for concluding a new contract with military personnel, including those with military ranks of senior officers, as well as those appointed to military positions for which the state provides for military ranks of senior officers, who have reached the age limit for military service and who have expressed a desire to continue military service, is determined by Art. 49 of the Federal Law "On military service and military service" and art. 10 of the Regulations on the procedure for military service, approved by Decree of the President of the Russian Federation "Issues of military service" of September 16, 1999 N 1237.

Decisions on the conclusion of contracts with senior officers, as well as officers appointed to military positions for which the state provides for the military ranks of senior officers who have reached the age limit for military service, on the term of a new contract or on the refusal to conclude a contract are made by the President of the Russian Federation.

The specified military personnel who have reached (reaching) the age limit for military service, for the conclusion of a new contract, submit a report on command with an appeal to the President of the Russian Federation on the decision to conclude a contract with them, at least six months before the expiration of the current contract.

If the President of the Russian Federation decides to conclude a contract with these military personnel and its validity period, the specified contract is signed by the commander (chief), who is granted the right to sign new contracts.

According to paragraph 1 of Art. 38 of the said Federal Law, the period of military service for servicemen undergoing military service under a contract is determined by the period specified in the contract for military service. In accordance with paragraph 3 of Art. 3 of the Regulations on the Procedure for Passing Military Service, the term of military service expires for military personnel serving under a contract on the corresponding month and day of the last year of the contract term, or on the corresponding day of the last month of the contract term, if the contract was concluded for a period of up to one year.

Based on this requirement, paragraph 7 of Art. 9 of the Regulations on the procedure for passing military service, it is determined that with a serviceman whose term of the previous contract ends, a new contract is concluded on the day following the day the term of the previous contract expires.

Thus, as a general rule, the report and materials on the conclusion of a new contract with military personnel must be received by the President of the Russian Federation in such a way that the conclusion of a new contract in accordance with the order of the President of the Russian Federation is carried out by the relevant official on the day following the expiration date of the previous contract .

However, in a number of cases, the order of the President of the Russian Federation on the conclusion of a contract with a serviceman who has reached the age limit for military service is issued later than the expiration of the term of the previous contract for this serviceman. In these cases, when concluding a new contract with a serviceman, it is necessary to be guided by paragraph 4 of Art. 32 of the Federal Law "On Military Duty and Military Service", in accordance with which the contract for military service terminates from the date the military serviceman concludes another contract for military service, the serviceman is excluded from the lists of the military unit, as well as in other cases established by federal laws.

Based on the provisions of paragraph 4 of Art. 32, art. 49 of the Federal Law "On Conscription of Military Service" and Art. 10 of the Regulations on the Procedure for Passing Military Service, a contract with a serviceman in these cases should be concluded not from the date of expiration of the previous contract, but from the date of entry into force of the relevant order of the President of the Russian Federation.