All military personnel are concerned about the housing issue. There is an opinion that after being fired, having 10 years of service or more, they have the right to be provided with housing from the state or have the right not to return the money taken to buy an apartment or house on the site, then these people are very mistaken and do not know the legislation of our country. Alas, only those military personnel who are dismissed on preferential terms have such rights. They include: health problems, circumstances related to the family that prevent them from continuing to serve, OSHM, and if a participant in the state program becomes entitled to an additional payment on a military mortgage.

So, what are “additional funds”?

The exact purpose of using these funds is not indicated in our legislation, but it is believed that this money will be used to pay off the military mortgage, for previously taken money to purchase an apartment or house on the site. For this money, no one has ever reported, they can go to any of your needs, but then you will have to pay the interest on the loan on your own monthly according to the schedule. Also, do not forget that the bank to which you pay funds has the right to change the interest rate to the usual one, because you have already been discharged from the register of the state military mortgage program.

Problems that a soldier may encounter when concluding a military mortgage agreement.

As in any other area, military mortgages have many pitfalls that you will have to face. When buying property on your own, many problems can arise. One of the most common is an incorrectly assembled package of documents. Therefore, military personnel often use the services of different companies that help them in the transaction.

Services of our company.

Our company is engaged in assistance in obtaining a military mortgage for military personnel. We are very interested in helping former military men get mortgages and find highly liquid housing for them. We provide services such as:

• Consultation – we will tell you the main details of obtaining a mortgage
• assistance in the collection and verification of documents - we will check the availability of all necessary documents for applying for a mortgage
• we will participate in the transaction itself
• we will officially register your transaction
• we guarantee control over the repayment of your military mortgage by the state

After your left application, our company immediately takes up the registration of a military mortgage for you, and you can immediately start choosing an apartment or house on the site.

"Military moving" constantly draws the attention of all military personnel!

Dismissal with a length of service of 10 to 20 years without serious problems with the fulfillment of obligations for an apartment purchased under a military mortgage or a house on a site is possible only on “preferential” grounds!

Only with a “preferential” basis does the military have the right to cash!

Unfortunately, until now, many servicemen with 10 calendar years of service think that, when they leave, for example, they receive housing rights from the state, or at least they do not have to return the money they took to buy an apartment on a military mortgage, but only have to close the mortgage credit.

If the grounds for exclusion from the part are “preferential”, such as: age limit, OShM, state of health, valid family circumstances, the NIS participant has the “right” to accumulate and make additional payments on military mortgages.

Those. what is credited by the state to the account of the participant in Rosvoenipoteka or paid for housing under the CZhZ agreement does not need to be returned. According to the new procedure, the encumbrance in favor of the Russian Federation is removed upon receipt by Rosvoenipoteka of information from the registrar sent in part.

In the case of obtaining a military mortgage, that is, buying an apartment / house on a site on a military mortgage during participation in the system, and dismissal with more than 10 calendars of service, it is on preferential grounds that the former participant can pay off the balance of the debt with the so-called additional funds (also known as "dopas"). are paid, based on how many years the serviceman has left up to 20 in calendar terms ( calculation is made up to the month and day). The calculation is based on the cumulative contribution on the military mortgage on the date of dismissal from military service.

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Important! If additional funds are not enough to repay the debt to the bank in full, the outstanding balance falls on the shoulders of the borrower himself, that is, the former participant in the NIS.

As practice shows, if a dismissal occurs with a length of service of 10 - 12 calendars, the amount of additional payments is enough to fully pay off the creditor and remove the burden (pledge). But already with a length of service of 15 years, most likely there will not be enough additional funds to fully pay for the Military Mortgage. This is due to the fact that, for the first few years, the military mortgage loan mostly repays interest, and the body of the loan, that is, the principal debt, practically does not decrease. Because of this, paradoxical as it may sound, the winners are not those who have served more, but those who have retired earlier. They will most likely have no military mortgage debt.

Use of additional funds upon dismissal

Earlier in the text it is indicated “may repay”, we will explain this in more detail. Additional funds do not have a purpose strictly prescribed by law for their use, but it is understood that they will be directed specifically to repay the mortgage, if any.

Again, no one needs to account for the use of the additional funds received. In this regard, some former NIS participants who have received “additional passes” send them to other purposes not related to the solution of the housing issue. In our opinion, such use of funds is erroneous.

While the remainder mortgage loan For military mortgages, former NIS participants repay on their own, monthly, according to the payment schedule. Do not forget that after deleting the state program from the register, the bank can change the lending rate to "civilian". encumbrance (pledge) The bank will withdraw only the full settlement of the mortgage.

Military mortgage upon dismissal under an article not related to preferential and 10 years of service

Upon dismissal with more than 10 years of service under items that are not related to preferential terms, the “right” of the serviceman does not come, that is, all the amounts available or accounted for in the nominal savings account in Rosvoenipotek must be returned to the country's budget.

If the residential premises have already been purchased, the former participant must return everything that was provided to him under the loan agreement concluded with Rosvoenipoteka. It will be necessary to return according to a schedule designed for 10 years (this is the maximum time), including accrued interest.

It is possible to return the entire debt to the state in a one-time payment, without stretching the process of removing the encumbrance (collateral) in favor of the Russian Federation. In addition, the former participant should not forget about the military mortgage lender - the bank. The debt to the bank will also need to be repaid in full from your own pocket.

Dismissal from military service is carried out in accordance with Federal legislation and the Charter of military personnel. Internal army regulations, decrees and amendments to them make their own adjustments, so the procedure for dismissal from military service changes regularly. A soldier should know his rights and obligations in the light of recent changes in legislation.

The procedure for dismissal from military service

You can leave the service in the Armed Forces of the Russian Federation for three reasons: transfer to the reserve, retirement, and upon conviction in a criminal case. If the conclusion of the VVK is received on recognizing a citizen as limited fit for service and before reaching the maximum allowable age, then the wording "dismissal to the reserve" is considered. If a citizen is recognized as unfit for combat or reaching the upper age limit, dismissal occurs according to the wording "retirement".

Any measure of punishment under the Criminal Code of the Russian Federation automatically leads to the termination of military service, information on the case is entered into the military ID. The basis for dismissal from military service may be personal motives, which a citizen is obliged to report in an explanatory report to the commander and provide strong evidence of the need for his decision. An application for early dismissal of one's own free will may be rejected without giving reasons.

A soldier must be warned by the command six months before the termination of the contract or reaching retirement age. The unit commander is obliged to determine whether the citizen will be dismissed and on what grounds. The state of health, the presence of claims to the performance of duties, the provision of housing, personal attitude to continue service, length of service should be considered. After the final decision on dismissal is made, the service documents are sent to the personnel department to calculate the material payments due to the citizen.

If necessary, the serviceman is sent to the military medical commission. The resulting conclusion serves as an objective basis for terminating the contract and assigning a category of payments, uniform and regular, in some cases - a disability group. If the next vacation is preserved or there are overtime for duty, then all debts to the dismissed person must be repaid before the release order is issued.

The terms of dismissal from military service are calculated from the moment of certification of an employee under a contract or a future pensioner. For four months, a standard certification is carried out, then a month later, based on the results, the serviceman is informed of the decision of the command. There is a procedure for a personal conversation, to which specialists from the personnel, economic and legal services can be invited. The interview is recorded, controversial issues are discussed and a summary is issued on the conditions for terminating the contract. All formalities are observed, then the protocol of the interview is kept in the personal file of the person being retired or retired.

A presentation of a standard form is issued, signed by the direct commander and authorized members of the commission. The submission is supported by a package of documents required for consideration by the personnel department. It includes copies of the certification sheet, the interview and the conclusion of the IHC (if any). In the case of a personal desire to leave the army, a report is submitted with a reasoned explanation of the reasons. The period of work of the personnel department on the received documents should not exceed two months, after which a dismissal order is issued.

If the dismissed person does not agree with the conclusions of the interview, then he has the right to display his opinion in the minutes of the conversation. The grounds for the dismissal of a serviceman are regulated by law and are not subject to other interpretations. If a dispute arises, then the consideration is held in the garrison military court or in pre-trial proceedings. The law allows the possibility of dismissal from military service to appeal within the prescribed period.

Dismissal of military pensioners

A military pensioner has the right to retire after 20 years of service. The procedure for passing the dismissal procedure coincides with the rules for extending contract service. Six months before the term of service, the future pensioner gives his consent to dismissal or submits a report with a request to extend the contract. The commander considers possible options and makes a decision, after which a formal conversation is held. The decision of the command is explained to the applicant, he has the right to reflect his opinion in the minutes of the conversation and write a report addressed to the commander.

Upon retirement, documents are sent to the personnel department, where payments are calculated. The service pension is appointed by the Ministry of Defense, two months are allotted for approval. The retirement of military personnel is considered completed after the issuance of the order. The pensioner transfers the received statutory documents to Pension Fund at the place of registration for making one-time and regular transfers.

Dismissal of conscripts

The end of the service of conscripts can occur for two main reasons: the end of active service or for health reasons ahead of schedule. In the first case, the dismissal occurs by order of the commander, after the corresponding presidential decree on demobilization. At the end of military service, military personnel are sent for registration to the military commissariats at the place of residence. The immediate supervisor, no later than one day before departure at the destination, is obliged to check the accompanying documents and conduct an explanatory conversation with subordinates.

Military personnel who have passed an examination due to illness in a military medical commission are considered free from service upon establishing limited fitness or unsuitability for combat duty. The day of official registration of the VVK protocol is considered the last day of service. The military ticket puts a mark on the early termination of service, indicates the reasons and the number of the order. The command may consider personal reasons for which a soldier can be dismissed ahead of schedule. The list of such reasons is given in the legislation, the issue is considered in each such case by a special commission.

Illegal dismissal of military personnel

Dismissal from military service can be appealed if the soldier does not agree with the reasons and procedure for the procedure. You can appeal the dismissal order within 3 months. Such cases are considered by military courts after the acceptance of the statement of claim. The main violations of the Federal Law "On the status of military personnel" include the dismissal of an employee under a contract until the length of service without his consent, before acquiring the right to pension provision. It is impossible to dismiss from the service if a citizen has a length of service of more than 10 years and is not provided with housing.

The dismissal of servicemen without housing happens in a number of cases, if the command has good reasons. However, you should apply to a military court for reinstatement. Until the trial, the command retains the opportunity to provide housing to the dismissed person, while the defendant can justify his unwillingness to reinstate him in his position. Often the court makes a compromise decision: to provide housing, but not to restore the service.

Exclusion from the list of personnel is prohibited from applying to pregnant women, which is a flagrant violation of the law. It is possible to challenge the decision to dismiss if, on the day the order was issued, the due payments were not calculated and material support was not received. Such an order has no effect and will be canceled by the garrison court of first instance or the military court of the locality in which the dismissed person lives. A serviceman has the right to raise before the court the issue of reinstating him in his previous position, compensating for moral damage or eliminating violations related to his exclusion from the list of personnel of the unit.

10 days are allotted for judicial consideration, the applicant and the representative of the defendant must appear at the hearings, absence is not allowed. If the court satisfies the applicant's requirements, then he can apply for reimbursement of the costs associated with paying for the services of a defense lawyer (if there is a contract), court costs and state duty. Having adopted a decision on unlawful dismissal from military service, the court obliges the defendant to return the plaintiff to the service from that moment, despite the prescribed cassation appeal period.

Severance pay upon dismissal of military personnel

A one-time allowance upon dismissal of a serviceman is issued to those who served under the contract at the time of termination of the contract. For those who have served less than 20 years, the payment will be two official salaries. With full length of service (20 years), a single payment is seven salaries. The salary consists of two parts: by rank and by position. For example, an ordinary contract service has a minimum salary of 15 thousand rubles. Upon termination of the contract, he will receive a severance pay of 30 thousand rubles.

In case of disciplinary violations reflected in the personal file, the allowance may be reduced. The reasons are of various properties: from non-fulfillment official duties, deprivation of title, conviction of the court or transfer to another department (Ministry of Internal Affairs, customs, tax service). And, conversely, if there are awards and incentives, it increases, which should be displayed in the output documents. For example, a soldier or officer who has an honorary title or order will receive another salary upon dismissal.

Legislative regulation of obtaining a military mortgage upon dismissal

A military mortgage upon dismissal has its own characteristics and depends on the reason for the dismissal of a soldier, as well as length of service.

Who is entitled to a military mortgage: the legislative framework

Not everyone can get a mortgage loan right away. What does our legislation say about this? Federal Law "On the status of military personnel" Article 15 defines the prerogative of the military to housing. Here we are talking about the provision of subsidies. But you can get your own property a little faster when applying for a loan. If you serve under a contract and at the same time do not have your own housing, then you have the right to arrange it on a mortgage. All these nuances are regulated by the law "On Military Mortgage". So, the loan is due to the following subjects, participants of the NIS:

• citizens of the Russian Federation who graduated from the university and were accepted to the place after 1.01.2005;
• officers who came from the reserve;
• service until January 2005;
• ensigns and midshipmen who have served at least 3 years;
• subjects who graduated from HPE from January 2005 to January 2008 and earned the title of officer during their studies;
• those citizens whose duration of service is less than three years, but they managed to become officers after January 2008;
• soldiers, sailors, sergeants or foremen who signed the deal after January 1, 2005 and have more than 3 years of military experience at the time of application.

Other factors cannot affect the prerogative of appearing in housing loans for military personnel (family, number of children, registration). The main conditions under the law are membership in the NIS and the duration of service for at least 3 years.

Features of a military mortgage upon dismissal of a soldier

OSHM abbreviation

Everything happens in the working life of a citizen. It is possible to close an enterprise or liquidate it, declare it bankrupt, reduce the number of staff, under which a person suddenly falls. The same is true in the military service. What to do next and what consequences to expect if a serviceman is fired in 2018 under the OSHM and the military mortgage remains underpaid?

Consequences of repaying a soft loan for a military man dismissed from the army under OSHM:

1. A military mortgage and dismissal after 10 years of service will not bring much trouble to the borrower, since he has already fulfilled his duty to the Fatherland and, moreover, does not leave of his own free will, but at the OSHM. That is, he does not return any money to the state spent by the latter to cover the costs of buying an apartment for a serviceman. He has the right to receive an additional cash payment in the amount that he was able to collect on savings in the event of his service up to twenty years. However, do not flatter yourself, the amount of these additional funds, as a rule, does not make it possible to repay the loan in full. For its part, the state has already fulfilled all its obligations. As a result, the former soldier is left alone with the bank to solve financial issues.
2. A military man who has served less than ten years will be obliged to pay all compensation that he has taken advantage of from the state. The dismissed serviceman undertakes to pay the balance of the loan debt to the banking organization in accordance with the concluded agreement. Otherwise, creditors (the bank and the state) have the right to apply to the judicial authority and recover from the debtor financial resources(usually there is a sale of the purchased housing, lenders take their parts and, if any amount remains, then it is transferred to the borrower).

Thus, it is necessary to think carefully before applying for a specialized mortgage. Since it is not known whether the borrower will be able to serve ten years. But it is after the expiration of this period that the losses will be minimal for the person being credited (again, in a situation of dismissal for preferential reasons - OSHM, state of health).

Voluntary dismissal

A military mortgage upon dismissal of one's own free will places a heavy burden on the shoulders of the borrower. This is the situation when really, with the possibility of another way out, you should not do this. A NIS participant is excluded without any prerogatives and saving of savings for him. All benefits and accruals allocated under the state project are subject to mandatory return to the state treasury in full. The former soldier becomes a debtor of "Rosvoenipoteka" and credit institution which have a wide range of benefits. The debtor may be left completely without a roof over his head, as the housing will be used to eliminate debts.

If the property has not been purchased, then all the accumulated money is simply transferred back to the state account. Upon re-conclusion of the contract, the serviceman may be reinstated in his rights. However, this will not be possible if the dismissal from office arose due to a defamatory article.

Dismissal due to the end of the contract

Here, as in previous situations, seniority is important. If the serviceman quit at the end of the contract, but the total duration of his work was not 20 years, then he loses all advantages. He is not provided with a subsidy for the initial payment of a housing loan and payment of interest, and if there was one, he returns the money received for all time to the state. All funds accumulated by him on the NIS deposit are liquidated.

A completely different alignment with a military mortgage after 20 years of service. The accumulated money is non-refundable, the employee has the right to dispose of it at his discretion. If housing has not yet been fully paid for, then the former military man makes additional payments on his own. Bank claims are liquidated together with the full repayment of the loan.

Many people naively believe that, having served the coveted decade, the military has the right to quit at the end of the contract and at the same time retain all the benefits. Dismissal after 10 years of service and a military mortgage will turn out to be an unpleasant result if the dismissal does not take place on benefits - OSHM, the soldier's well-being. In such a situation, there are no additional payments on the military mortgage, but on the contrary, the accumulated finances are not paid. You remain indebted to the credit institution for the principal loan and the military department to pay your monthly interest and down payment.

Dismissal for health reasons

Dismissal for health reasons is considered a preferential basis, therefore, even if there is an underpaid military mortgage, there should be no negative points. So, if a soldier served for a period of suspension from work for more than 10 years, then he is entitled to the accumulated NIS funds and additional payments on military mortgages upon dismissal for each year that does not reach twenty years. But if these finances were not enough to pay the loan, then the balance has to be repaid on its own.

In a situation of dismissal before reaching ten years of service, the employee will receive only the funded part. The rest of the debt will also have to be liquidated independently.

Unfitness for service is confirmed exclusively by the certificate of the VVK.

Dismissal in connection with the transfer to a new duty station

Sometimes it is impossible for a soldier to transfer to another duty station without being fired. And here difficulties arise in the presence of a mortgage loan and the absence of the necessary years of experience. The way out of the situation is the soonest possible registration by the NIS participant at a new location. In the meantime, this has not happened, you still have to pay out of your own pocket (the state and the bank).

Other reasons for the dismissal of a soldier

In addition to the above reasons for dismissal, there are the following:

1. The onset of the age limit.
2. The death of a serviceman or his recognition as unknown disappeared.
3. Other reasons.

Upon reaching the age of 45, the military is dismissed from service. And if by this time his experience was 10 years or more, then he retains the benefits of subsidies and mortgages. If less than 10 years, then he undertakes to pay the mortgage payments made by the state and liquidate the remaining loan already without any help from a banking institution.

In the event of the death of a serviceman or his recognition as missing without a trace, the family is paid accumulative amounts and additional funds to them. The remaining debt is paid by the widow (spouse) independently.

Does the length of a borrower's tenure affect military mortgage repayment?

The length of the service life of the military has an impact on both the very possibility of obtaining a loan, and the process of repaying the loan. You can apply for a loan only after three years of experience and not earlier. The term of service affects the return or the possibility of non-return of funds provided by the state for the repayment of the down payment and the payment of monthly payments.

Thus, those who have served less than 10 years and who have been removed from service not on preferential grounds, that is, if the military left the service at their own will, are returned to the state.

Servicemen with more than 20 years of experience and those dismissed on benefits, if the experience exceeds a decade, will not return money to the military department. Their length of service does not affect the repayment of loan obligations to a credit institution.

How is the loan repaid after dismissal from military service

For military personnel, there are special methods for liquidating credit obligations. Subjects removed from the ranks of the Armed Forces on preferential grounds and having a length of service at that time of 10 years, liquidate the loan with the accumulated finances on a special deposit. If this money is not enough, then the rest of the amount is paid out of your own pocket.

Military personnel who have not served up to the indicated period make payments from their own funds, and plus repay the debt to the military department for the previously provided benefits.

What happens if the soldier does not pay the mortgage on time

If a serviceman for one reason or another does not pay the housing loan taken, then its collection is possible by force. Real estate is pledged to the state and a banking institution until the debtor completely liquidates the loan. As a rule, the borrower is first evicted from the apartment, then the real estate is sold, and the money from the transaction is used to pay off obligations. The remaining funds are given to the retired serviceman.

Methods and reasons for dismissal from military service

Dismissal from military service is in many ways similar to the usual termination of the contract, but at the same time it is regulated by special provisions of the Law "On Military Service", and not only by the Labor Code. For example, it is not so easy for a serviceman who works under a contract to quit before the expiration of the contract - the quitter must provide confirmation that such termination of the employment relationship is forced. Dismissal from military service will primarily differ depending on whether a person works under a contract or is drafted into the army.

Possible dismissal options

Any dismissal from military service is possible in several ways. Each is chosen from them depends on what is the reason for leaving and additional circumstances. So, a dismissed person can leave military service:

• in stock. Whether it is dismissal at the end of the contract or the dismissal of a serviceman of his own free will, in any case, he is supposed to be transferred to the reserve. Where they live, the dismissed are attached to the military commissariat, where they must be constantly registered. For such citizens, military personnel are regularly retrained. At the same time, if a person left the army due to health, age, or due to the imposition of a judicial punishment, he is not referred to the reserve;
• resign. Now the soldier is leaving work forever, as he leaves the service for health reasons or because of reaching the age limit for military service;
• an order to dismiss on the basis of a court decision that has entered into force, if a person has been convicted under a criminal article.

Also, dismissal from the army is possible in several ways. Each specific case has its own characteristics and is applied individually for each situation:

• 2 times a year, the Minister of Defense signs the Order on the dismissal of soldiers who are in active service;
• dismissal at the end of the contract. If the employee does not plan to leave, then he must, six months before the end date, indicate his desire to extend the contract. Often such contracts are concluded for an average of 10 years. If the employee did not express a desire and the deadlines have passed, then a dismissal order should be automatically prepared when the contract expires;
• voluntary dismissal from military service. If a person works under a contract, then there must be serious grounds for dismissing a soldier before the end of the contract. Each such case must be considered on a case-by-case basis.

Grounds for the dismissal of a soldier

Article 51 defines the grounds for dismissal from military service (Law "On Military Service"). The list is quite wide and, first of all, explains how to quit military service under a contract or leave of your own free will from military service in the army (by the way, in this case, the death of one of the close relatives while serving in the army or during performance of his official duties, if he was in military service).

The main reasons why a soldier has the right to quit at will:

• health problems. In this case, a conclusion of a medical examination must be mandatory. If there is a provision of such a document together with a report, then in without fail it must be indicated that the serviceman is ready to undergo an additional independent examination. Valid health problems include: diseases of the cardiovascular system, respiratory system and musculoskeletal system, AIDS, cancer, mental disorders, tuberculosis, vision problems;
• the presence of a minor child, for which the second parent, for any reason, cannot or does not want to follow;
• death of a close relative;
• illness of a close relative who needs to be looked after;
• inability to support a family on the salary of a military man. In this case, not a subjective view on this issue is taken into account, but a very specific objective indicator: it takes into account living wage for each family member and, accordingly, for the whole family and then compared with the military salary (this applies to contract employees);
• the presence of higher education, which differs from the specifics of the work of the military. If a military man wants to work in his specialty, then he has the right to leave military service;
• failure to comply with the terms of the contract. In this case, most often we are talking about payments and bonuses that were originally provided for by the terms of the contract. But here the procedure is as follows: first, the serviceman must submit a report to the leadership with a request to resolve the situation. If there is no reaction, then only then can he write a letter of resignation, referring to this reason.

In addition, the legislation also provides for the grounds on which an employee can be dismissed against his will. These grounds are specified in Art. 51 of the Law "On military service".

So, the main reasons for dismissal under article 51:

• - dismissal of a serviceman due to the age limit;
• - dismissal of a serviceman at the end of the contract;
• - due to health problems;
• - Loss of trust in management. Then the employee could be seen in violation of confidentiality, because of which he could lose access to military secrets;
• - loss of rank. Most often occurs due to a conviction by a court under a criminal article;
• - breach of contract. If the employee refused to move to another location or transfer to another position, when this is provided for by the terms of the contract. Also, such grounds include refusal to perform their duties, provide information about their income (as well as the income of family members), travel outside the Russian Federation without the permission of the commander;
• due to violations of discipline and requirements. At the same time, at least two violations for different offenses are required (several penalties for the same offense are not taken into account). It may not be getting VPD on vacation. A travel document is a prerequisite for the movement of a soldier. Without it, any moves are considered illegal and are equated with a violation of discipline and the terms of the contract.

If there is a dismissal at the end of the contract, then there are no special subtleties. The dismissal order is prepared in advance on the basis of the expiration of the fixed-term employment contract. An entry in the labor is made in accordance with standard norms: the basis for terminating the employment contract, the date and number of the order are indicated.

Dismissal from military service occurs according to a clearly established plan in accordance with the following sequence:

1. Submitting a resignation letter. A military officer must do this not 14 days in advance, like all other citizens who are dismissed in accordance with the norms of the Labor Code, but a month before the expected date of dismissal.
2. The report is similar in structure to the usual letter of resignation, but has some features. It is important not only to indicate the reason for dismissal in the report, but also to provide documents confirming the really significant importance of this reason.
3. The report is considered by a special commission, all circumstances are taken into account and a decision is made. Usually, the Law provides for 14 days for this, but, as practice shows, such a decision is made in 7-10 days.
4. After that, the employee is still finalizing until the date indicated in the report. On the day of dismissal, all documents are issued to him.

Retirement payouts

Payments to military personnel upon dismissal are usually larger in size than to other citizens of the Russian Federation. Even if this is a dismissal at the end of the contract, the payments are still provided. At the same time, their size depends on the average monthly salary, taking into account the additional payment for the title.

If an employee is forced to leave work for health reasons, then he is paid additional insurance assistance - its amount is determined in each case by an individually specialized commission, depending on each specific case and, above all, based on future prospects - whether the serviceman will still be able to work or not (fit, partially or not fit for service at all).

In all other cases, upon dismissal, an allowance in the amount of two salaries is paid. If an employee has served for more than 20 years, then 7 salaries. For conscripts or contract employees - one monthly salary.

If a serviceman is an orphan (conscript) or had state awards during his service, then assistance may be increased. But if a serviceman had some disciplinary sanctions during his service, then in this case the payment of benefits may be reduced or completely canceled.

Additional features

According to the legislation, dismissal from military service has various additional features:

Of course, the norms of this Law cannot contradict the Labor Code in many respects, but nevertheless, for military personnel, they are of priority, and when resolving any labor disputes, the first reference is to the Law “On Military Service”.

Military mortgage and dismissal after 10 years of service

Hello! I have a house on a military mortgage, 8 calendar years of service, if I quit due to illness, category D “not fit” or B “limited fit” the injury was received during military service, will the house remain in this case?

Clarification of the client

Lawyers Answers (13)

If the length of service is less than 10 years, then the military mortgage upon dismissal is subject to return. In order not to return and quit due to illness, you need to serve for more than 10 years, that is, in your case, another 2 years

Have a question for a lawyer?

The house will remain in any case, but who will pay the mortgage depends on the grounds for dismissal.

If you are dismissed in category "B", then with such length of service, you will have to pay on your own.

If you are dismissed in category “D”, then the length of service does not matter and the state will pay by repaying the loan and paying you additional savings

THE RUSSIAN FEDERATION
THE FEDERAL LAW
ON THE STORAGE AND MORTGAGE SYSTEM OF HOUSING
PROVISION FOR MILITARY PERSONNEL
…
Article 15
1. Repayment of a targeted housing loan is carried out by an authorized federal body if the participant of the accumulative mortgage system who has received the target housing loan has the grounds specified in Article 10 of this federal law, as well as in the cases specified in Article 12 of this Federal Law.
2. In case of early dismissal of a member of the savings and mortgage system from military service, if he does not have the grounds provided for in paragraphs 1, 2 and 4 of Article 10 of this Federal Law, starting from the day of dismissal, interest is accrued on a targeted housing loan at the rate established by the agreement on the provision of a targeted housing loan. At the same time, the retired participant of the accumulative mortgage system is obliged to return the amounts paid by the authorized federal body in repayment of the targeted housing loan, as well as to pay interest on this loan in monthly installments within a period not exceeding ten years. Interest income on a targeted housing loan is investment income. Interest is accrued on the amount of the balance of the debt on the targeted housing loan.

According to paragraph "D" - the mortgage is extinguished by Rosvoenipoteka, regardless of length of service

Article 10
The basis for the emergence of the right to use the savings recorded on the participant's personal savings account, in accordance with this Federal Law, is:
1) the total duration of military service, including on a preferential basis, twenty years or more;
(Clause 1 as amended by Federal Law No. 324-FZ of December 4, 2007)
2) dismissal of a serviceman whose total duration of military service is ten years or more:
a) upon reaching the age limit for military service;
b) for health reasons - in connection with the recognition of him by the military medical commission as partially fit for military service;
(clause "b" as amended by the Federal Law of 04.12.2007 N 324-FZ)
c) in connection with organizational and staff activities;
d) for family reasons provided for by the legislation of the Russian Federation on military duty and military service;
3) exclusion of a participant in the accumulative mortgage system from the lists of personnel of a military unit in connection with his death or death, recognition of him as missing in the manner prescribed by law, or declaration of his death;

Clarification of the client

Does it matter how the injury occurs? during military service or military injury

I have a house on a military mortgage, 8 calendar years of service, if I quit due to illness category D "not fit" or B "limited fit" injury received during military service, will the house remain in this case?
Nicholas

The house will remain yours in any case. There are only options with the payment of a mortgage, if you quit under paragraph B, then you will have to pay the mortgage, and if under paragraph D, then the state will pay for the mortgage.

At the same time, if you cannot pay off the mortgage on your own, then the house may be levied in court.

I'm sorry. According to D, a colleague is right.

only the reason for dismissal matters, but how the injury was received does not matter ..

It doesn't matter how the injury was received. Here it plays a role in which category you are recognized. B or D. The house will remain, but you will have to pay if they recognize it according to B. Therefore, you need to decide: either serve another 2 years or there is a risk that you will have to pay

And this is decided by the VVK, we lawyers cannot make such a verdict ... You should talk to the doctors ..

Regarding this, there is article 66 of the Regulations "On military medical examination"

Good afternoon! You are currently a member of the NIS and the state will pay off the military mortgage on its own while you serve.

length of service 8 calendar years, if I quit due to illness category D "unfit"
Nicholas

B "Limited"
Nicholas

In this case, with a length of service - 8 years - and upon dismissal in category "B" - the state will not reimburse the mortgage for you, i.e. after dismissal on "B" - you will continue to pay the mortgage on your own. Now, if you had a length of service of 10 calendars and were fired according to "B" - then - yes - the RF Ministry of Defense would pay off the mortgage for you. Thus, I recommend that you still go through the VVK, the conclusion of which will be brought to you and, based on the conclusion, make a decision on further actions. Sincerely.

No mortgage. Matters for insurance and lump sum payments

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Early retirement from military service

Having signed a contract and being assigned to a unit, the military is not always satisfied with the conditions of service. Until the expiration of the document, the law does not allow him to leave the army simply because he changed his mind about serving. The current circumstances and lack of knowledge of legal norms lead to the fact that the serviceman is ready to be dismissed under any article, without thinking about the consequences.

The law provides for the possibility of early dismissal from military service under a contract. It is enough to find out what grounds for its termination exist, and to use this information correctly. Legal literacy also helps to avoid those cases when exclusion from the military ranks occurs illegally at the initiative of the command.

Let's consider for what reasons, established by law, you can stop serving while on a contract, and what should be the procedure for dismissal. Knowing the legal nuances and typical violations of the rights of military personnel will allow you to leave the ranks of the Armed Forces competently and without negative consequences.

When is early termination possible?

Legislative norms giving the right to early dismissal from military service are detailed in Federal Law No. 53.

According to Article 51, terminate the agreement with the Moscow Region ahead of schedule a soldier can:

• own initiative;
• commander's decision;
• the fault of the circumstances.

Once in the conditions under which the military is forced to leave the service (clause 1, article 51), he does not have to choose the “article” of dismissal.

A person who:

• declared unfit for health reasons, in accordance with the conclusion of the VVK;
• cannot continue to work in his position due to restrictions imposed by doctors, and there is no other position in the Moscow Region for him;
• found guilty under a criminal article, deprived of liberty, military rank or the opportunity to continue to hold his post;
• committed intentional guilty acts and sentenced to probation;
• committed illegal acts, as a result of which he lost the trust of the management.

Also, those officers, ensigns and midshipmen who have changed their citizenship are excluded from the army.

A military man can leave ahead of schedule on his own initiative only in exceptional cases (clause 3, art. 51).

In addition to desire, objective reasons are needed to explain the need for dismissal.

They can become:

• unwillingness to serve after the end of the contract, or the retirement age approved for the rank of the military or its gender has come;
• the impossibility to continue serving in the existing conditions (when the rights of the military man prescribed in the contract are infringed, and the duties of the Defense Ministry in relation to him are not fulfilled);
• the presence of a level of physical health that prevents the performance of current duties in full (recognition of the military as limited fit according to the conclusion of the VVK);
• the need to leave the service associated with family difficulties;
• obtaining an elected or high government post (election as a deputy, appointment to a position in the Federation Council, and so on).

Special mention should be made of personal circumstances that may be taken into account by the commission upon dismissal. Their number is not only limited, but strictly regulated by law.

To use one of these grounds, the soldier will have to document that:

• a member of his family, according to the conclusions of doctors, cannot live in the place of service of a fighter;
• his other half was transferred by the military department to a position in another locality;
• one of the close relatives needs constant care, and there is no one to carry it out, except for the military.

Other family circumstances cannot be a reason for dismissal. The maximum that can be obtained to solve them is an additional vacation.

Regardless of who initiated the withdrawal, the early dismissal of a military man is always associated with the approval of the command. The presence of a reason only creates objective prerequisites for termination of service.

The final decision must be made by the commander on the basis of the available information and the conclusions of the commissions.

Legal norms allow the commander, on his own initiative, to dismiss an army team member when:

• change in the staffing table (if the position of a military man is abolished according to the OSHM);

• unsatisfactory conclusions of the attestation commission on the results of the fighter's tests;
• achievement by a fighter of the age recognized as the limit for service;
• expiration of the contract;
• systematic or gross violations of the terms of service (NUK);
• the desire of the army to go to serve in departmental or state structures;
• the presence of a court verdict that determined the actions of the military careless, but appointed a suspended criminal sentence;
• refusal of the army man from drug testing;
• the presence of an administrative offense committed by a military man under the influence of narcotic, toxic and other drugs;
• obtaining foreign citizenship from a private fighter or termination of citizenship of the Russian Federation.

The rights available under the law allow the leadership to remove objectionable subordinates from the army, having picked up the necessary grounds. Although the dismissal procedure is quite clear and organized in such a way as to avoid unauthorized and unreasonable decisions in this matter, the experience and conceit of some commanders provoke them to disregard the law.

A competent military lawyer can limit such permissiveness of the leadership if the soldier wants to challenge the illegal decision of the commander. To prove the groundlessness of exclusion from the ranks of the Armed Forces will help knowledge of the procedure for dismissal and the possibility of appealing against unlawful orders of command.

Compliance with the procedures, on the contrary, will protect against the possibility of challenging the dismissal by the second party.

Dismissal procedure

The procedure described in Presidential Decree No. 1237 and the conditions set out in Article 23 of the Federal Law No. 76 explain how a contracted serviceman can retire early.

Contract soldiers who joined the army, in return for military service, should remember that in case of early dismissal, they can be sent to conscription service before the end of his term.

To initiate a layoff:

1. The military should write a report addressed to the commander, setting out the reason for leaving (the reason for the need to terminate the service should be described in detail with reference to the article of the law).
2. The fighter needs to have on hand the documents that substantiated the specified reason (if the military decided to leave for health reasons, he can file a report based on the results of medical examinations, and the commander in this case is obliged to send him to the VVK on his own).
3. A person liable for military service needs to have a conversation with the leadership, where the commander finds out the circumstances that force the soldier to leave the Armed Forces, and also offers possible options for continuing the service, taking into account the information received (after that, a document is drawn up reflecting the content and results of the negotiations).
4. The commander collects documents (personal file, report, conversation sheet, etc.), sends them to the certification commission, after which it decides whether it is possible to release the army man from service.
5. It is required to obtain a decision from the commission, the commander must familiarize the military man applying for dismissal with it.
6. If the decision is positive, the head issues an order in part, and starts the procedure for expelling a military man from the RF Armed Forces, determining its period.
7. During the specified time, the contractor is obliged to calculate (give him the money due, resolve issues on food, clothing and housing), and prepare documents for transfer to the commissariat at the place of future residence of the serviceman.
8. The established period ends with the exclusion of the serviceman from the lists of personnel of the unit.

The procedure for early dismissal initiated by the head of the military is similar. If the consent of the army man is not required, then there is no need for only one thing - in the report of the dismissed person.

The timing of exclusion from the lists of personnel depends on the date of issuance of the dismissal order. From the moment the extract from him arrives at the military unit, no more than a month is given for the exclusion of the specified army man from the personnel.

There are rare cases when during this period a fighter is:

• on treatment in a hospital;
• in maternity leave;
• on parental leave;
• in a military campaign;
• in captivity;
• in the guardhouse or under the control of the commander for the offense committed.

Early dismissal cannot be formalized in such a way that the period of exclusion from the lists of personnel falls on a date that is later than the date the contract ends.

Consequences of dismissal

Early dismissal from the army does not have any special consequences if the article under which the serviceman was expelled from the ranks of the Armed Forces is not related to violations of the order of service.

Reduction of the position (OSHM), termination of the contract due to age or health condition retains for the army man all social guarantees and payments that he deserved at the time of dismissal.

In addition, it is impossible to forcibly dismiss a military man on the above grounds if:

• he has not yet served the period required before the appointment of a pension;
• the issue of housing provision has not been resolved, and the serviceman is on the lists of those in need.

The right to receive an apartment from the state is legally assigned to those whose service life exceeds 10 years.

If the dismissal is made on the grounds related to the guilty actions of the military, he receives only what is due at the time of leaving the DD, losing all additional compensation, benefits and benefits.

Despite this, fighters are often fired under the NUK, provoking them to an administrative or disciplinary violation, fabricating personal cards, and sometimes even in the absence of any penalties, simply "under the article." Some citizens, desperate to achieve dismissal, write a report on themselves, indicating the reason for the NUK, while they consciously believe that they will somehow manage without compensations and benefits.

Such a hasty decision can lead to very disastrous consequences in the civilian world.

For such military personnel, the possibilities are practically closed:

• continue the service, if such a desire arises;
• get a job in a law enforcement or military department;
• get a position in government structures.

Sometimes this becomes an obstacle even when applying for a job in private firms, for example, related to security activities.

Military lawyers advise:

• if the service has become a burden, it is better to choose another reason for its termination, or to endure until the end of the contract;
• challenge the decision of the attestation commission or the order of the commander with higher authorities or a military court if the serviceman considers his dismissal unlawful;
• apply directly to the military prosecutor's office when, in the process of service, the commander allows himself to violate existing laws and the rights of the army.
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Military service gives the defenders of our Motherland many privileges, one of which is a mortgage with very, very favorable lending conditions. The fact is that for payments on such a mortgage, state transfers are attracted directly from the government. A serviceman registers with the NIS, after 3 full years he can receive a state. subsidies to buy housing without waiting for seniority. The main point of NIS is a military mortgage upon dismissal, the features and nuances of which we will consider in this article, since the conditions for interrupting service after 10 or 20 years can vary significantly.

A military mortgage is often used after dismissal (this is the most reasonable option with an adequate service life), since during the service, certain funds are transferred to the personal account of each defender of the Motherland, the intended purpose of which is the purchase of a home. However, you can use this privilege only if certain conditions are met, which are clearly regulated by law. It all depends on the length of service and the specific reason for dismissal before the expiration of the contract, for example: for health reasons, due to personnel changes or just like that, on their own.

Which of the military personnel can use the benefit

According to Law No. 117-FZ (since 2004), the following categories can use accumulative capital after the end of service:

• who have served for more than 20 years, that is, after full service;
• dismissed after 10 years of the contract on preferential terms.

Grounds for benefits for a period of up to 20 years:

• dismissal for health reasons;
• the maximum allowable age for service;
• difficult family circumstances;
• regular measures (the main ones: reduction of a unit or replacement with another composition, impossibility of maintaining an existing post by a military man, recognition as unfit for a specific position, disagreement with accepting another, lower post with a lower salary);
• death;
• missing.

In the case of the tragic last two points, the relatives of the serviceman can use the savings in the future.

How can you get money

If a serviceman, according to the above conditions, is entitled to receive payments from Rosvoenipoteka, after the appearance of an order to dismiss him, he must write a report addressed to the unit commander on the transfer of money from his savings account.

The commander provides information about the applicant to the authorities, which then transfer it to Rosvoenipoteka.

There, it is considered in 30 days, after which the serviceman can already receive funds from his account. He should also receive additional funds to buy your own home, but only if you are no longer the owner of any other housing, does not participate in the social contract. hiring.

Important: if the length of service exceeds 20 years, NIS funds can be used for any needs, and not just for housing. The same applies to those who have served 10 years, who are dismissed on preferential terms.

If a soldier retires from service after 10 years, for example, for health reasons, he can use the savings on the account, but the remaining amount of the mortgage loan will have to be paid on his own. True, he can take advantage of monetary compensation and retains a favorable interest rate.

The following resources are provided to assist in the purchase of housing:

• targeted housing loan accumulated on the employee's individual account and transferred to the bank upon purchase;
• monthly payments to the current account of the bank that issued the mortgage, in the amount of one twelfth of the savings contributions;
• additional funds paid on a one-time basis, the amount is calculated taking into account the funded contribution and the number of days underserved before reaching the twenty-year period.

Dismissal for other reasons. What about mortgages?

If, for any reason, the military decided to quit without serving 20 years, after 10, without any preferential grounds, or even earlier, he will owe the state a decent amount if he managed to buy his own apartment. We will have to return all the money spent from the savings account and the amount of the subsidy that was used to repay the mortgage, and the term for repayment of the targeted housing loan is given to him for ten years, a specific payment schedule is established. Preferential loan conditions are also abolished, so that further payments will have to be made at the standard refinancing rate of the Central Bank. At the same time, real estate is in double pledge: from the state and from a credit institution.

If the former military man cannot pay all the funds, a court will follow, and the apartment will be subject to sale. The funds received from the sale will be used to pay off the debt on the loan, payments to Rosvoenipoteka and legal costs. If as a result of all payments money remains, they will go to the account of the resigned. If the funds are not enough, the person remains in debt.

Agree, in this case the situation is extremely unpleasant, which is why experts recommend taking a military mortgage only after seniority, however, given the constant rise in real estate prices, not everyone wants to take advantage of this advice.

Pitfalls of military mortgages

Due to the serious pitfalls described above of such a seemingly profitable military mortgage, not all of our military personnel decide to use this privilege until the length of service, because it is difficult to imagine what can happen in many years, perhaps an unforeseen dismissal will follow, for example, for health reasons, and You will have to pay everything on your own, also repaying debts to the state. Previously, there was a system for providing ready-made apartments, where the scheme was somewhat more transparent. When deciding to buy housing on a military mortgage, you need to take into account all the risks, otherwise no health will be enough to pay off huge debts later. If you are not confident in your abilities, it is better to use these conditions at the end of the contract, that is, after 20 or 10 (with benefits) years.

First of all, this is the right to receive free medicines and medical care for the entire period of service. Moreover, if a citizen needs treatment in a hospital or hospital, then it is carried out at the expense of the state. Even in the case when a referral for treatment to another locality, outside the military unit, is required.

Provision of housing upon dismissal from service

A contractor in need of housing can choose any form of providing residential real estate, which is carried out at the expense of budgetary funds. Depending on the specific situation and the form of housing, housing for servicemen transferred to the reserve is provided on the basis of applicable standards. The provision of housing for citizens discharged from military service is enshrined in legislation, in accordance with the reasons for termination of service. For example, apartments for the military in Rostov-on-Don are available in the leased residential complex "Suvorovsky".

All about military law

* crediting the time of military service to continuous work experience in accordance with Article 10 of this Federal Law, taken into account when paying benefits for social insurance, a one-time remuneration for length of service, a percentage increase in wages, the provision of social guarantees related to length of service, if the interval between the day of dismissal from military service and the day of employment (admission to an educational institution) did not exceed one year, and combat veterans on the territory of other states, to veterans who performed military service duties in a state of emergency and in armed conflicts, and to citizens whose total duration of military service on a preferential basis is 25 years or more, regardless of the duration of the break;

Payments to military personnel upon dismissal

The reasons why they can be dismissed, both of their own free will and for health reasons, as a disciplinary punishment, upon reaching a certain age, are specified in Article 51 of the Federal Law "On military duty and military service" in the latest edition, adopted on July 4 2020.

The state rarely changes the order and amount of cash payments upon dismissal and exclusion from the lists of personnel of the military unit of a serviceman. As of March 1, 2020, upon dismissal and exclusion from the lists of personnel of a military unit, a serviceman is entitled to the following cash payments:

What are the benefits of the military, if there was a dismissal from the army for health reasons

• who is being contacted
• paper name
• information about the personal data of a soldier
• reason for leaving
• list of documents confirming the state of the body
• annex to the report of the petition, with a request to send his personal file for consideration to the military commissariat
• references to the stipulated legislation in this case
• contractors indicate data from the concluded contract
• the material condition of the employee is indicated, in terms of housing received or the need to purchase it

What payments are due to a soldier upon dismissal

Many military people are concerned about their fate after the end of their service. First of all, they are worried about the question, if I quit, will I be left without a livelihood until I find a new job? Therefore, the state determined financial assistance upon dismissal, which allows such a person to painlessly integrate into civilian life.

List of benefits for military personnel under contract and their families in 2020

Vacation is extended by the number of days on the way to the place of rest. Also, its duration can be increased by up to 15 days when serving in harsh climatic conditions or conditions associated with a risk to life. In addition, these categories of military personnel are entitled to compensation for travel expenses to places of rest by any means of transport. If personal transport is involved, then the cost of gasoline is subject to compensation.

What is required after 10 years in the army

Those. what is credited by the state to the account of the participant in Rosvoenipoteka or paid for housing under the CZhZ agreement does not need to be returned. According to the new procedure, the encumbrance in favor of the Russian Federation is removed upon receipt by Rosvoenipoteka of information from the registrar sent in part.

How much do they pay in the Russian army on conscription and contract

And how much do they pay in the army to soldiers undergoing contract service and taking part in hostilities? The amount of allowance in this case depends on the region in which the hot spot is located, as well as the conditions of service. Given the absence of military conflicts over the past few years, it is very difficult to determine the exact salary of contractors. However, if we take the experience of previous periods, then the largest allowance was paid to contract servicemen who fought in Chechnya. In addition to increased wages, with participation in hostilities, a year of service is counted as one and a half.

The prescribed benefits upon dismissal from military service - what is it

Within a month from the date of the official appeal of retired military citizens, free places are being provided for their children in existing general education and preschool institutions, summer camps of a health-improving type without the need to wait in line.

Benefits for contract servicemen: how the state helps the military

1. Payment of monetary compensation for service on weekends in the preparation of any events or as otherwise necessary. In this case, the military is paid money in exchange for additional free days.
2. Increasing the length of vacation in accordance with the length of service. Every 5 years, 5 days are added, and when serving in the Far North, 15 days are added.
3. The right to receive free medical care in special departmental health care institutions.
4. The payment of lifting allowances upon arrival at a new duty station, the money is paid to the military personnel themselves and their families. In addition, the officer himself and his family members are guaranteed payment for travel to the place of service or to the place of vacation.
5. The military, three years after entering the service under the contract, is given the right to receive free higher and secondary specialized education, you can study at any state university or technical school. As a rule, officers who wish to master a specialty useful for service are sent for training.
6. Shortened retirement. When serving under a contract, it is only 20 years. If a soldier retires after 20 years of service or more, he receives a severance pay of 7 salaries. If the term is less than 20 years, then the severance pay is 2 salaries.

The procedure for the dismissal of a soldier for health reasons

During the examination, the commission proceeds from the data on the state of health of the employee at the time of the examination and makes a decision on limited suitability only if the state of health of the person does not change even after a set of medical measures.

What you need to know before joining the military

• if you have a pregnant wife, her pregnancy is more than 180 days and the marriage is officially registered, she can receive a one-time allowance - 24,565 rubles;
• if you have a child under three years of age, until the end of your service or until the child is three years old, support can be issued monthly allowance- 10 528 rubles.

Get compensation and benefits

• in whose name the report is being submitted;
• document's name;
• military personal data;
• grounds for dismissal from service;
• a list of attached documents indicating a deterioration in health status;
• references to legislative acts regulating the issue of dismissal for health reasons;
• data on the contract (for contractors);
• information about the housing received or about the need to improve housing conditions.