The maximum age of service in the army of officers. The age limit for military service has been increased. Will there be an increase

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, according to family circumstances or upon recognition of the VVK 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 of stay 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 effect a court verdict on the appointment of a military sentence in the form of imprisonment (including conditional) for an intentional act;
in case of expulsion from the military educational organization or educational institution that has 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

Apart from common 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 state award RF 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 was filling 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).

Article 1

Include in the Federal Law of March 28, 1998 N 53-FZ "On military duty and military service" (Collection of Legislation Russian Federation, 1998, N 13, art. 1475; 2010, N 11, art. 1176) the following changes:

1) in Article 49:

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

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

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

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

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

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

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

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

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

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

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

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

Article 2

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

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

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

President of the Russian Federation V. Putin

Leadership positions involve high responsibility and are especially important for the formation of the army. Therefore, it is unacceptable that such duties lie with a serviceman who is unable to perform them due to poor health or poor physical training. To control the timely departure of pensioners, the government introduced a law that provides for a maximum age for military service. Reasons for this restriction physiological features human body. The experience accumulated over the years, high theoretical training, combat tactics are the undeniable advantages of high ranks. However, old age takes away the strength and energy of the strongest warrior, and in fact poor physical shape is unacceptable for the defender of the Motherland.

Article 16.1. service in the federal security service

The firmness of character and perseverance that is inherent in every high-ranking military man is another reason for strictly limiting the age limit for military service. Not everyone is ready to leave their personnel, come to terms with age, recognize the inevitable old age.

If there were no law, the owners of shoulder straps would not leave their post in a timely manner. Age limit for military service In 2014, changes were made to the Federal Law on the Service of Contract Soldiers.
In accordance with the new rules, the achievement of the age limit for military service for senior ranks occurs at 65 years.

What is the age limit for military service?

Thus, in order to reveal the candidate's readiness for this kind of activity, his personality is subjected to comprehensive checks, which follow one after another for reasons of expediency. 1) First of all, a candidate for the position of an employee of the Federal Security Service of Russia is subjected to psychophysiological studies. Verification involves the study of the mental state of a person (level intellectual development, moral stability, conflict, adequacy, type of thinking, personal psychotype, etc.
P.). The candidate also undergoes special tests that reveal the facts of the use of narcotic, toxic and alcoholic substances. A medical check includes an analysis of the general condition of the body and its suitability for service in the ranks of the FSB of the Russian Federation.

The legal status of employees of the bodies of the FSB of Russia

We will talk about the age threshold for staying in military positions in this review. The legal framework that determines the age limit for service in the army Age restrictions in the armed forces Renewal of the contract with an age-related soldier Subscribe to our channel in Yandex.Zen! Subscribe to the channel The legal framework that determines the age limit for service in the army Features of serving in the country's troops are regulated by the law "On military duty and military service" dated March 28, 1998 No. 53-FZ.

Art.

Putin set the maximum age for service in the FSB

These include:

marshal of the Russian Federation;
admiral;
general;
colonel general.

Representatives of middle management ranks can hold their position up to 60 years:

lieutenant general;
major general;
vice admiral;
rear admiral.

Colonels, as well as captains of the first rank, have the right to remain in the service up to 55 years, military personnel of other military ranks - only up to 50 years. For contractors who serve in the bodies, other age restrictions may be assigned.

Changes in military legislation Prior to the entry into force of amendments to the Federal Law concerning military service, the age limit was lower by five years, that is, the highest ranks could not hold office after reaching the age of sixty. However, the changes did not affect all the defenders of the Motherland.

Putin signed the law on the age limit for serving in the FSB

The procedure for maintaining and storing personal files of military personnel and civilian personnel of bodies federal service security is determined by the head of the federal executive body in the field of security and should not contradict the legislation of the Russian Federation. (Part seven was introduced by Federal Law No. 468-FZ of December 30, 2015) For servicemen of the federal security service, the age limit for military service is set for: a) army general, fleet admiral, colonel general, admiral - 60 years; b) lieutenant general, vice admiral, major general, rear admiral - 55 years; c) colonel, captain of the 1st rank, lieutenant colonel, captain of the 2nd rank, major, captain of the 3rd rank - 50 years; d) military personnel with a different military rank - 45 years; e) female military personnel - 45 years. (Part as amended by Federal Law No. 159-FZ of June 23, 2014) (see

Service under the contract in the FSB. regulatory requirements, salary

Also amended the law "On military duty and military service", establishing that the first contract for the passage of military service is with a soldier who is doing military service by conscription, or a citizen entering military service in a military position for which the state provides a military rank soldier, sailor, foreman, for two years or for three years at the choice of a citizen (currently only for three years). “These changes are aimed at increasing the attractiveness of military service under a contract for citizens undergoing military service by conscription, in particular, they are given the opportunity to choose whether to undergo one year of military service by conscription or two years of military service under a contract,” the press release says. Kremlin services.
Contracted military personnel (except conscripted military personnel), as well as federal state civil servants and employees appointed to the positions of military personnel, are employees of the FSB of Russia State civil servants and employees of the FSB of Russia are referred to as "persons of civilian personnel." An employee of the FSB of Russia may be a citizen of the Russian Federation: - who does not have citizenship (nationality) of a foreign state; - capable of fulfilling the duties assigned to him by his personal and professional qualities, age, education and state of health; Law on the FSB; Order of the FSB of Russia dated April 5, 2010 No.

The maximum age of service in the bodies of the FSB of Russia

It, along with the SVR, FSO, FSTEC and the Special Objects Service, belongs to the state security forces. This means that the Federal Security Service is empowered to carry out preliminary investigation, operational-search activities, inquiry, intelligence activities and the search for individuals.

It should be noted that the FSB is directly subordinate to the President of the Russian Federation, which leads to significant freedom of the department in the process of implementing its functions. Service in the FSB Today, service in the FSB is the most popular area where thousands of citizens want to work. But the problem is that it is more difficult to get a place in this body than, for example, in the police.

Is there an increase in the age limit for military service?

This is due to several main factors: - First, a person must have a specific temperament. Have special business and moral qualities, taking into account the specifics of the work of the FSB.

Areas of activity It should be noted that the contract service in the FSB of Russia has several main areas, namely: - Combating organized crime. - The fight against terrorism. - Intelligence activities. - Border activities. - Activities aimed at ensuring information security. These directions are basic. It is in their sphere that the FSB realizes its functions.

Counterintelligence activities One of the main areas of work of the Federal Security Service is counterintelligence. This activity has been developing for many years on the basis of methods and experience gained from the once existing KGB. The effectiveness of this branch of the FSB is the demonstrative detention and subsequent disclosure of a CIA agent who operated on the territory of Russia - Ryan Fogle.

Article 49

What is the age limit for military service?

Age limit for military service

ConsultantPlus: note.

On the dismissal of military personnel who have reached the age limit for military service, see Article 2 of Federal Law No. 64-FZ of April 2, 2014.

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

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

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

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

a serviceman with a different military rank - 50 years.

(Clause 1 as amended by Federal Law No. 64-FZ of April 2, 2014)

(see text in previous)

2. For female military personnel, the age limit for military service is set at 45 years.

2.1. For servicemen undergoing military service in the bodies, other federal laws may establish a stay in military service other than that provided for by this article. The provisions on the age limit for military service contained in such federal laws shall apply in the cases provided for by this Federal Law, with the exception of the provisions of paragraphs 1 and 2 of this Article, as well as in other cases established by federal laws and other regulatory legal acts of the Russian Federation.

(Clause 2.1 was introduced by Federal Law No. 159-FZ of June 23, 2014)

ConsultantPlus: note.

Servicemen who have reached the age limit for military service and who have entered into a new contract for military service in accordance with paragraph 3 of Article 49 of this document before the date of entry into force of the Federal Law of 02.04.2014 N 64-FZ, have the right to retire from military service due to age - upon reaching the age limit for military service established by this document in the wording that was in force until the date of entry into force of the Federal Law of 04/02/2014 N 64-FZ (Part 3 of Article 2 of the Federal Law of 04/02/2014 N 64-FZ).

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

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

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

(Clause 3 as amended by Federal Law No. 64-FZ of April 2, 2014)

(see text in previous)

Article 16.1. Service in the Federal Security Service

(Introduced by Federal Law No. 280-FZ of December 25, 2008)

Employees of federal security service organs are guided in their official activities by federal laws and cannot be bound by decisions political parties, public associations and other organizations.

Servicemen of the federal security service bodies shall perform military service in accordance with the legislation of the Russian Federation on the performance of military service, taking into account the specifics established by this Federal Law, due to the specifics of the duties they perform. When exercising operational and service activities, employees of federal security service bodies are subordinate only to their immediate and direct superior. Upon receipt of an order or instruction that is contrary to federal law, an employee of federal security service organs must be guided by federal law.

Employees of the federal security service in their official activities are required to comply with the code of ethics and official conduct of employees of the federal security service, approved by the head of the federal executive body in the field of security. For violation of the provisions of this code, employees of federal security service bodies shall be liable in accordance with the legislation of the Russian Federation.

(Part three was introduced by Federal Law No. 241-FZ of July 18, 2011)

The number of servicemen and civilian personnel of federal security service organs is established by the President of the Russian Federation.

The powers of officials of federal security service bodies to approve official regulations, apply incentives and disciplinary sanctions in relation to military personnel subordinate to them, as well as to confer military ranks, appoint and dismiss military personnel (with the exception of military personnel replacing the positions of senior officers) are established by the head of the federal executive body in the field of security.

Model official regulations for military positions are approved by the head of the federal executive body in the field of security.

(Part six was introduced by Federal Law No. 468-FZ of December 30, 2015)

For servicemen and civilian personnel of federal security service bodies, personal files are drawn up. The procedure for maintaining and storing the personal files of servicemen and civilian personnel of federal security service bodies is determined by the head of the federal executive body in the field of security and must not contradict the legislation of the Russian Federation.

(Part seven was introduced by Federal Law No. 468-FZ of December 30, 2015)

For servicemen of federal security service bodies, the age limit for military service is established for:

a) army general, fleet admiral, colonel general, admiral - 60 years;

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

c) colonel, captain of the 1st rank, lieutenant colonel, captain of the 2nd rank, major, captain of the 3rd rank - 50 years;

d) military personnel with a different military rank - 45 years;

e) female military personnel - 45 years.

(see text in previous)

Military personnel and civilian personnel of the federal security service are prohibited from taking part in the management of organizations on their own or through proxies (with the exception of participation in the management of a non-profit organization on a gratuitous basis, if this is due to the solution of tasks of operational and service activities, or participation in a general meeting of members of a non-profit organization) engage in entrepreneurial activities, as well as assist individuals and legal entities in the implementation of such activities. Employees of bodies of the federal security service are prohibited from combining military service in bodies of the federal security service (federal state civil service or work in bodies of the federal security service) with other paid activities, except for scientific, teaching and other creative activities, except in cases where this is provided for by the legislation of the Russian Federation. Federation and (or) necessary to solve the problems of operational activities.

(as amended by Federal Law No. 241-FZ of July 18, 2011)

(see text in previous)

Military personnel and civilian personnel of federal security service bodies may receive awards, honorary and other titles of political parties, public associations and other organizations in the manner determined by the head of the federal executive body in the field of security.

Article 49

ConsultantPlus: note.

On the dismissal of military personnel who have reached the age limit for military service, see Article 2 of Federal Law No. 64-FZ of April 2, 2014.

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

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

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

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

a serviceman with a different military rank - 50 years.

(Clause 1 as amended by Federal Law No. 64-FZ of April 2, 2014)

(see text in previous)

2. For female military personnel, the age limit for military service is set at 45 years.

(Clause 2.1 was introduced by Federal Law No. 159-FZ of June 23, 2014)

ConsultantPlus: note.

The age limit for being in the state civil service: what should be remembered by the personnel officer

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

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

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

(Clause 3 as amended by Federal Law No. 64-FZ of April 2, 2014)

(see text in previous)

Article 16.1. Service in the Federal Security Service

(Introduced by Federal Law No. 280-FZ of December 25, 2008)

Employees of federal security service organs are guided in their official activities by federal laws and cannot be bound by the decisions of political parties, public associations and other organizations.