of July 12, 1999 No. 161-FZ
About financial responsibility of the military personnel
Accepted by the State Duma on June 22, 1999
Approved by the Federation Council on June 25, 1999
This Federal Law establishes conditions and the extent of liability of the military personnel for the damage caused by them in case of fulfillment of duties of military service to property of military unit and also determines procedure for compensation of the caused damage.
For the purposes of this Federal Law the following basic concepts are applied:
military personnel is the military personnel undergoing military service or to the contract in the Armed Forces of the Russian Federation and in troops of national guard of the Russian Federation, rescue military forming of the federal executive body authorized on the solution of tasks in the field of civil defense, Russian Foreign Intelligence Service, bodies of the Federal Security Service, bodies of the state protection, bodies of military prosecutor's office, military investigating authorities of the Investigative Committee of the Russian Federation, federal body of ensuring mobilization preparation of public authorities of the Russian Federation, military divisions of Federal fire service and the special forming created on wartime and also the citizens called on military charges including the citizens staying in mobilization human reserve;
military units - bodies of military management, consolidation, connection, military units, military forming, military divisions, special forming, bodies of military prosecutor's office, military investigating authorities of the Investigative Committee of the Russian Federation, other bodies and the organizations in which the military personnel passes (passed) military service, military charges;
property of military unit (further also - property) - the real and personal estate, including arms, the military and special equipment, special means, money (money), cash documents, securities, forms of documents of the strict reporting, other appliances which are property of the Russian Federation and assigned to military unit;
commanders (chiefs) are commanders (chiefs, heads) of military units, their deputies, commanders (chiefs, heads) of structural divisions of military units and their deputies;
direct valid loss (further - damage) - loss or reduction of cash property, deterioration in condition of the specified property, expenses which the military unit made or shall make for recovery, property acquisition, the costs for treatment in the medical organizations of the military personnel who was affected by intentional actions of other military personnel made by military unit, excessive money payments including compensation of the damage caused by the military personnel to the third parties and also the penalties (penalties, penalty fee) paid by military unit and compensations in connection with wrongful acts (failure to act) of the military personnel.
1. The military personnel bears liability only for the damage caused on their fault.
2. The military personnel who caused damage not in case of fulfillment of duties of military service bears civil responsibility according to the civil legislation of the Russian Federation.
3. Involvement of the serviceman to liability for the damage caused to this military personnel owing to execution of the order (order) of the commander (chief), obligatory for it, other lawful actions (lawful failure to act) including made in condition of justifiable defense during detention of person who committed crime or administrative offense for delivery to authorities and (or) suppression of possibility of making by it new crime or administrative offense in emergency condition, owing to the actions (failure to act) connected with reasonable office risk owing to the actions performed concerning property of military unit according to special instructions of regulatory legal acts and also for the damage caused owing to force majeure, including as a result of physical compulsion of the serviceman is not allowed if owing to such coercion he could not direct the actions (failure to act).
Day of detection of damage it is necessary to consider day when the commander (chief) learned or shall learn about availability of the material damage caused to the military personnel.
The current of term of involvement of the serviceman to financial responsibility stops for pre-judicial production and (or) legal proceedings.
The current of term of involvement of the serviceman to financial responsibility proceeds next day after day of pronouncement of the resolution on refusal in initiation of legal proceedings, resolutions on the termination of criminal case (criminal prosecution) or the introduction of sentence (resolution) of court on criminal case in legal force.
For compensation by the serviceman passing military service under the contract, damage with payment by installments of payment, stipulated in Item the 6th article 8 of this Federal Law, the current of term of involvement of the serviceman to financial responsibility is interrupted. The current of term of involvement of the serviceman to financial responsibility in the specified case begins again from the date of, the next payment following behind day of delay of payment, proceeding from the commitment letter of the serviceman about voluntary compensation of damage.
Commanders (chiefs) who did not take necessary measures for compensation by perpetrators of the damage caused to military unit are brought to financial responsibility according to this Federal Law within one year from the date of the expiration calculated by the rules provided by paragraphs the first - the fifth this Item.
1. If other is not established by this Federal Law, for the damage caused on imprudence in case of fulfillment of duties of military service, the military personnel bears financial responsibility in the following sizes:
the military personnel undergoing military service - in the amount of the damage caused by them, but no more than two salaries on military position;
the military personnel passing military service under the contract - in the amount of the damage caused by them, but no more than one salary of monthly monetary pay and one monthly length-of-service allowance;
the citizens called on military charges - in the amount of the damage caused by them, but no more than one salary on the military position provided by staff of military unit on which the citizen fulfills duties during passing of military charges (further - salary on the military position provided by staff of military unit) and one salary on military rank of the citizen called on military charges.
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
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