What is the age limit for military service? What is the age limit for military service? Age limit for recovery in military service.

A law that increases the age limit for military service.

The maximum period of service for all military personnel has been extended by five years. It's not only about army and naval professionals, but also about military representatives of other law enforcement agencies. To raise their service-age bar, State Duma deputies have adjusted the 49th and 53rd articles of the federal law "On conscription and military service." Senators approved these changes, and the President of the Russian Federation approved.

The end of the service biography of a person in Russia is rigidly tied to his military rank. In the highest priority position is the highest officer corps. Marshals, generals of the army and admirals of the fleet, colonel generals and admirals are now permitted by law to serve not up to 60 years, as it was until recently, but up to 65. The presence in the ranks of lieutenant generals and vice admirals, major generals and counter- admirals are limited to 60 years. Five years less than the maximum age of service for colonels and captains of the 1st rank. All the rest of the regular military, including soldiers and sergeants - contract soldiers, are threatened with parting with epaulettes at the age of 50. True, the same law provides for the extension of service after reaching the maximum age for military professionals. The military in the rank of marshal to colonel-general can now sign their last contract up to 70 years, other servicemen - up to 65.

At the same time, the age qualification of the so-called vaults changed, which, if necessary, form a second front for the army. It is possible to call up under the banner of "reserve" soldiers and warrant officers, depending on their military specialty, from 35 to 50 years. Junior officers - from 50 to 60 years old, majors and lieutenant colonels - from 55 to 60 years old. For colonels at the time of "H" they set the upper bar at 50-65 years, for generals and marshals at 65-70.

There is undoubtedly the logic in such a decision. To dismiss a 55-year-old general, a division commander, only on the grounds that it is at least unreasonable for him for many years. It looks just as unreasonable to "run away" a 50-year-old colonel, doctor of science and professor from the military academy. Another thing is when the same divisional commander takes off shoulder straps at sixty. In such years, it is difficult to wander around training grounds and exercises even for a strong man. And many military colonels and naval caperangs, whom you rarely find in your office, will probably quit with relief at 55. When you have a long and hard service behind you, all the army benefits have been "recruited" before retirement, it’s time to think about rest. Moreover, the new age practice did not abolish the officer's right to retire before the age limit. For example, a colonel, if he so wishes, can take off his shoulder straps at the age of fifty.

But the signing of a "extra-urgent" contract, according to the Ministry of Defense, must be accompanied by an attestation recommendation. No one will add what is called an automatic five-year plan. You serve conscientiously, you have good professional skills and career prospects, you have maintained good health, which means that you can stay in the ranks for some time. If you do not meet these requirements, go to civilian life.

While preparing this law, the Ministry of Defense pursued another goal. A new system of selection, training and contract service is gaining momentum in the army. The officers want to see in their units not just military professionals, but people motivated for a long and conscientious service.

And candidates for army pros, in addition to an apartment and earnings, also want to have an official perspective. Besides, what's the point of recruiting a soldier, for example, a 30-year-old man, if he does not have a military pension. With the increase in the maximum age of contract service to 50 years, a soldier and a sergeant can already apply for it.

Servicemen are subject to dismissal on the grounds provided for in Art. 51 ФЗ № 53 dated 28 March 1998 "On military ..." (hereinafter - the Law).

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

Legislation

Legislative regulation is carried out:

Definitions

Dismissal upon reaching the age limit is a procedure for canceling a contract with a military man or an employment contract with a civil servant due to the employee reaching a certain age as 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 carrying out 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 who chooses service under a contract has the right to choose a type of military formation (the requirement does not apply to conscripts);
• after the conclusion of the contract, the military can be transferred to another locality or another branch of the military in the manner established by Art. 44 of the Law and the Decree of the President of the Russian Federation No. 1237 of 16 Sept. 1999 "Questions ..." (hereinafter - the Decree);
• in relation to each soldier, upon reaching a certain length of service, the onset of 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 12 Feb. 1993 "On pension ...".

Termination of employment

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

The main nuances:

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

Foundations

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

• reaching the maximum age for military service;
• expiration of the contract or term of military service;
• assignment to the military within the framework of the IHC of the category of fitness "D" or "B";
• deprivation of military rank in the manner determined by Art. 48 of the Law;
• due to loss of trust;
• upon the entry into legal force of a court verdict on the imposition of a military sentence in the form of imprisonment (including a conditional one) for a deliberate act;
• in case of expulsion from a military educational organization or an educational organization in which there is a military department (Art. 20, Art. 20.2. Law);
• in case of entry into force of a court verdict on the deprivation of a military man to hold certain positions;
• election of a military man as a 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.

The timing

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

• OSHM (organizational and staff activities);
• transition from military service to the Department of Internal Affairs, Rosgvardia, State Border Guard Service, the establishment of the penal 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 by negligence;
• in case of failure to pass the probationary period in the manner prescribed by Art. 34.1. The 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 ..." (for example, when the military carries out entrepreneurial activities, when receiving income from publications and speeches, if such are directly related to military service);
• in connection with the transfer to the federal civil service;
• upon refusal to undergo compulsory chemical and toxicological studies for the presence of narcotic substances in the body.

On the basis of clause 12 of Art. 34 of the Decree, dismissal on those grounds on which there is no requirement for mandatory demand for consent to dismissal is carried out by the command of the corresponding military unit without a report from the soldier.

Other grounds on which consent to dismissal is required involves the provision of a report.

So, by virtue of paragraph 3 of Art. 34 of the Decree, a soldier 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 at the command of an official deciding personnel issues, no later than 6 months. before the expiration of the current contract.

Below you can find a sample report:

Dismissal upon reaching the age limit

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

Exceptions

The military was given the right to conclude a new treaty already upon reaching the above age, up to reaching:

What are the payments

A soldier, upon dismissal due to age, has the right to apply for:

• lump-sum allowance;
• material assistance;
• bonus payments;
• payments upon recognition as unfit according to the results of the IHC.

Lump sum

Based on Part 3 of Art. 3 FZ No. 306 of 7 Nov. 2011 "On monetary ..." (hereinafter - Federal Law No. 306), the size of the lump sum depends on the length of service under the contract:

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

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

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

• by a court verdict on imprisonment;
• 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, a military man filled a certain position, and a bonus was accrued 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 governed by the provisions of the Order of the Ministry of Defense No. 2700 dated 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 help

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

To receive assistance, a report is submitted to the commander with a corresponding petition. If the mate has already been received in the current year. assistance, upon dismissal it will not be paid.

Recognized as unfit

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

In this case, the specified payments are charged:

• unpaid by the time of recognition monetary allowance in the manner approved by Art. 2 ФЗ № 306;
• compensation for unused vacation;
• sick leave payment;
• an allowance in the amount of 2 or 7 salaries - depending on the length of service under the contract;
• bonus (if it was charged);
• mat. assistance (if it has not yet been paid in the current year).

ConsultantPlus: note.

On the dismissal of military personnel who have reached the age limit for military service, see article 2 of the Federal Law of 02.04.2014 N 64-FZ.

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

1 as amended. Federal Law of 02.04.2014 N 64-FZ)

(see text in previous)

2.1. For servicemen doing military service in the bodies, other federal laws may establish a stay in military service other than that provided for in this article. The provisions on the age limit for military service contained in such federal laws shall be applied in the cases provided for by this Federal Law, with the exception of the provisions of Clauses 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 the Federal Law of 23.06.2014 N 159-FZ)

ConsultantPlus: note.

Servicemen who have reached the age limit for military service and have entered into a new contract on military service in accordance with paragraph 3 of Article 49 of this document before the entry into force of the Federal Law of 02.04.2014 N 64-FZ, have the right to resign from military service by age - upon reaching the age limit for military service established by this document as amended up to the date of entry into force of the Federal Law of 02.04.2014 N 64-FZ (Part 3 of Article 2 of the Federal Law of 02.04.2014 N 64-FZ).

(Clause 3 as amended by Federal Law dated 02.04.2014 N 64-FZ)

(see text in previous)

Article 49. Age limit for military service

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 old;

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

Colonel, Captain 1st Rank - 55 years old;

a serviceman with a different military rank - 50 years.

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

2.1. For servicemen doing military service in the bodies, other federal laws may establish a different than that provided for by this article, the maximum age of stay in military service. The provisions on the age limit for military service contained in such federal laws shall be applied in the cases provided for by this Federal Law, with the exception of the provisions of Clauses 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.

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;

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

Article 18. Social support for employees of the federal security service

(see text in previous

Servicemen of the federal security service bodies from among highly qualified specialists in the length of service for the appointment of a pension and the calculation of the percentage allowance for the length of service may be counted the length of service before enlisting in military service in the manner determined by the head of the federal executive body in the field of security.

(as amended by Federal Law of 30.06.2003 N 86-FZ)

(see text in previous

The time spent by employees of the federal security service bodies of special tasks in special services and organizations of foreign states, in criminal groups shall be credited to the length of service on a preferential basis for assigning a pension, conferring military rank and calculating the percentage increase for length of service in the manner determined by the Government of the Russian Federation.

For civilian personnel of the federal security service, official salaries (tariff rates) are set with a 25 percent increase for work in the federal security service.

(Part three as amended by Federal Law of 07.05.2002 N 49-FZ)

(see text in previous

Part four is excluded. - Federal Law of 07.05.2002 N 49-FZ.

(see text in previous

Servicemen of federal security service bodies while on duty in rural areas have the right to travel by passing transport (except for personal) upon presentation of their service card.

(Part four as amended by Federal Law of 22.08.2004 N 122-FZ)

(see text in previous

Servicemen of the federal security service bodies, ensuring the safety of transport facilities, have the right to travel on trains, on river, sea and air vessels within the serviced facilities without purchasing travel documents exclusively when performing official duties related to ensuring the safety of these facilities.

(Part five as amended by Federal Law of August 22, 2004 N 122-FZ)

(see text in previous

Employees of federal security services using personal vehicles for official purposes are paid monetary compensation in the manner and amount established by the Government of the Russian Federation.

For servicemen of the federal security service, the installation of telephones at the place of residence is carried out at the current tariffs within a period not exceeding one year from the date of submission of the application.

(as amended by Federal Law of August 22, 2004 N 122-FZ)

(see text in previous

Parts eight through nine are no longer valid. - Federal Law of August 22, 2004 N 122-FZ.

(see text in previous

The time spent by military personnel of the federal security service bodies on treatment in connection with wounds, contusions or mutilations received by them in the line of duty is not limited only if there is undeniable data on the possibility of restoring the ability to perform military service.

Part eleven is no longer valid. - Federal Law of August 22, 2004 N 122-FZ.

(see text in previous

Civilian personnel of federal security service bodies, as well as children under the age of 18, persons from among civilian personnel have the right to medical assistance in military medical organizations of the federal security service bodies, carried out at the expense of funds allocated from the federal budget for the maintenance of federal security service bodies ...

1. With military personnel who have reached the age limit for military service and have expressed a desire to continue military service, a contract may be concluded for up to 10 years inclusive, but not exceeding the age of 65.
2. The age limit for military service is established:
a) for Marshal of the Russian Federation, general of the army, admiral of the fleet, colonel-general, admiral - 60 years;
b) for lieutenant general, vice admiral, major general, rear admiral - 55 years;
c) for a colonel, captain of the 1st rank - 50 years old;
d) for a serviceman with a different military rank - 45 years;
e) for a female soldier - 45 years.
3. A soldier who has reached the age limit for military service, in order to conclude a new contract, submits, on command, a report to an official who has the right to make a decision on concluding a contract with the specified serviceman, at least six months before the expiration of the current contract.
Decisions on concluding contracts with military personnel who have reached the age limit for military service, on the term of a new contract or on refusal to conclude a contract are made:
a) for senior officers, as well as officers appointed to military positions for which the state provides for the military ranks of senior officers - by the President of the Russian Federation;
b) for colonels, captains of the 1st rank, as well as officers appointed to military positions for whom the state provides for the military ranks of colonel, captain of the 1st rank - by the head of the federal executive body in which military service is provided;
c) for servicemen with a military rank up to lieutenant colonel, captain of the 2nd rank inclusive, - by officials who have the right to appoint these servicemen to their military posts.
4. If the relevant official decides to conclude a contract with a serviceman who has reached the age limit for military service, and the term of its validity, the said contract is signed by the commander (chief), who is granted the right to sign new contracts.
5. The decision to conclude a contract with a serviceman who has reached the age limit for military service is made taking into account his business qualities, as well as his state of health.
If necessary, the specified soldier can be sent to pass the IHC.
The conclusion of the IHC must go to the official who has the right to make a decision on the conclusion of the contract, at least four months before the end of the military service of the said soldier.
6. The head of the federal executive body, which provides for military service, has the right to determine the categories of specialists with whom contracts can be concluded when they reach the age limit for military service.
7. For a serviceman who is doing military service in the position of the head of the federal executive body in which military service is provided, who has reached the age limit for military service and wants to continue military service, the term of military service may be extended by the President of the Russian Federation, but not exceeding his achievement age 65.
8. The age limit for military service of the personnel of the foreign intelligence agencies of the Russian Federation is established by the head of an independent foreign intelligence agency of the Russian Federation or the head of the federal executive body, which includes the foreign intelligence agency of the Russian Federation, in the manner determined by the President of the Russian Federation, but cannot be less than the age limit established by the commented Federal Law (Article 17 of the Federal Law "On Foreign Intelligence").
Decree of the President of the Russian Federation "Issues of military service" dated September 16, 1999 N 1237 determined that the director of the Foreign Intelligence Service of the Russian Federation, heads of federal executive bodies, which include the foreign intelligence agencies of the Russian Federation, when setting the maximum age of stay on the military service of the military personnel of these bodies should be guided by the Decree of the President of the Russian Federation "On the Procedure for Establishing the Age Limit for Military Service Personnel of the Foreign Intelligence Bodies of the Russian Federation" dated April 21, 1996 N 574 (paragraph 2).
Decree of the President of the Russian Federation of April 21, 1996 N 574 determined that the establishment of the maximum age for military service of military personnel of the personnel of foreign intelligence agencies of the Russian Federation is carried out by extending the period of their stay in military service.
Foreign intelligence agencies include not only the Foreign Intelligence Service of the Russian Federation, but also intelligence agencies that are structurally part of a particular ministry or department (for example, intelligence agencies of the General Staff of the Armed Forces of the Russian Federation, etc.).
9. The right to make a decision on extending the period of stay in military service of military personnel of the foreign intelligence agencies of the Russian Federation who have reached the age limit established by the commented Federal Law is granted:
- the Minister of Defense of the Russian Federation;
- Director of the Foreign Intelligence Service of the Russian Federation;
- Director of the Federal Security Service of the Russian Federation.
10. The extension of the period of stay in military service should be carried out by the relevant officials taking into account the qualifications, business and moral qualities, and the state of health of the serviceman.
11. The decision to extend the period of stay in military service is implemented by concluding with each of the servicemen who have reached the maximum period of stay in military service, a military service contract for a period of one, three years or five years in the manner prescribed by departmental regulatory legal acts.
12. Letter of the Main State Legal Directorate of the President of the Russian Federation "On the issue of concluding contracts on military service with servicemen who have reached the age limit for military service" dated March 18, 2003 N a6-1082, the following clarifications are given.
The procedure for concluding a new contract with military personnel, including those with the military ranks of senior officers, as well as those appointed to military positions, for which the state provides for the military ranks of senior officers who have reached the age limit for military service and have expressed a desire to continue military service, is determined by Art. 49 of the Federal Law "On Military Service and Military Service" and Art. 10 of the Regulations on the procedure for passing military service, approved by the Decree of the President of the Russian Federation "Issues of passing military service" dated September 16, 1999 N 1237.
Decisions on the conclusion of contracts with senior officers, as well as officers appointed to military positions, for which the state provides for the military ranks of senior officers who have reached the age limit for military service, on the term of a new contract or on refusal to conclude a contract are made by the President of the Russian Federation.
These servicemen who have reached (are reaching) the age limit for military service, to conclude a new contract, submit on command a report with an appeal to the President of the Russian Federation on the decision to conclude a contract with them, at least six months before the expiration of the current contract.
In the event that the President of the Russian Federation decides to conclude a contract with these servicemen and the duration of its validity, the said contract is signed by the commander (chief), who is given the right to sign new contracts.
According to paragraph 1 of Art. 38 of the said Federal Law, the duration of military service for military personnel performing military service under a contract is determined by the period specified in the contract for military service. In accordance with paragraph 3 of Art. 3 of the Provisions on the procedure for performing military service, the term of military service expires for military personnel doing military service under a contract, on the corresponding month and day of the last year of the term of the contract, or on the corresponding day of the last month of the term of the contract, if the contract was concluded for a period of up to one year.
Based on this requirement, clause 7 of Art. 9 of the Regulations on the procedure for military service, it is determined that with a soldier whose term of the previous contract expires, a new contract is concluded on the day following the day of the expiration of the term of the previous contract.
Thus, as a general rule, the report and materials on the conclusion of a new contract with military personnel must be received by the President of the Russian Federation in such a way that the conclusion of a new contract in accordance with the order of the President of the Russian Federation is carried out by the relevant official on the day following the day of the expiration of the previous contract. ...
However, in a number of cases, the order of the President of the Russian Federation on the conclusion of a contract with a serviceman who has reached the age limit for military service is issued later than the expiration of this serviceman's previous contract. In these cases, when concluding a new contract with a serviceman, it is necessary to be guided by paragraph 4 of Art. 32 of the Federal Law "On Military Duty and Military Service", according to which a contract on military service is terminated from the day a serviceman concludes another contract on military service, the serviceman is excluded from the lists of a military unit, as well as in other cases established by federal laws.
Based on the provisions of paragraph 4 of Art. 32, art. 49 of the Federal Law "On Military Duty to Military Service" and Art. 10 of the Regulations on the procedure for military service, a contract with a serviceman in these cases should be concluded not from the date of the expiration of the previous contract, but from the date of entry into force of the corresponding order of the President of the Russian Federation.

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

How are things in 2017

Today, the 53rd law continues to operate in the country, regulating the passage of service and other issues related to military service. It was adopted back in March 1998.

In April 2014, it was amended by another federal regulation No. 64. In particular, in the new edition of Articles 49 and 53, increased terms of military service are given.

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

• Ministry of Internal Affairs, etc.

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

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

• marshals;
• generals of the army;
• admirals;
• Colonel Generals.

Up to 60 can serve in the ranks of the Armed Forces:

• major generals;
• lieutenant generals;
• rear admirals.

The permissible age of stay in the Russian army was extended to 55:

• colonels;
• captains of the 1st rank.

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

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

Applicable standards for persons in stock

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

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

• junior officers;
• majors;
• lieutenant colonels.

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

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

At the same time, the innovations do not abolish the right of servicemen to retire from the armed forces upon reaching a certain age. The same colonel has the ability to leave the service at the age of 50.

At the same time, for those who went to serve on a contract, it is important to have career prospects. After all, for example, when a 30-year-old enters a private, he probably wants to subsequently receive a military pension, which, given the old standards, was an unattainable task. Now he retains every chance of reaching 50 and securing higher payments for himself.

Women

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

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

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