of May 27, 1998 No. 76-FZ
About the status of the military personnel
Accepted by the State Duma of the Russian Federation on March 6, 1998
Approved by Council of the Russian Federation on March 12, 1998
This Federal Law according to the Constitution of the Russian Federation determines the rights, freedoms, obligations and responsibility of the military personnel, and also bases of state policy in the field of legal and social protection of the military personnel, the citizens of the Russian Federation discharged from military service and members of their families.
1. The status of the military personnel is set of the rights, freedoms guaranteed by the state and also obligations and responsibility of the military personnel established by this Federal Law, the Federal constitutional Laws, the Federal Laws and other regulatory legal acts of the Russian Federation.
2. The military personnel has rights and freedoms of man and citizen with some restrictions established by this Federal Law, the Federal constitutional Laws and the Federal Laws.
Obligations on preparation for the armed protection and the armed protection of the Russian Federation which are connected with need of implicit accomplishment of objectives for any conditions, including with risk for life are assigned to the military personnel. Due to the special nature of the obligations assigned to the military personnel social guarantees and compensations are provided to them.
Features of the status of the military personnel passing military service in wartime during mobilization, during fulfillment of duties of military service in the conditions of emergency state and in case of armed conflicts are regulated by the Federal constitutional Laws, the Federal Laws and other regulatory legal acts of the Russian Federation.
3. The documents proving their identity and nationality, and also identity documents and legal status of the military personnel are issued to the military personnel.
The procedure for issue to the military personnel of the specified documents and financing of the actions connected with their issue is determined by the Government of the Russian Federation.
4. The military personnel has the right to storage, carrying, application and use of weapon according to the procedure, determined by the Federal constitutional Laws, the Federal Laws and other regulatory legal acts of the Russian Federation.
5. Public authorities of the Russian Federation, public authorities of subjects of the Russian Federation (further public authorities), federal state bodies, local government bodies and the organizations have the right to establish within the powers additional social guarantees and compensations by the serviceman, to the citizens of the Russian Federation (further - citizens) discharged from military service and members of their families.
1. The military personnel passes military service under the contract or military service according to the Federal Law of March 28, 1998 No. 53-FZ "About conscription and military service" (further - the Federal Law "About Conscription and Military Service").
Treat the military personnel:
the officers, ensigns and warrant officers, cadets of the military professional educational organizations and military educational organizations of the higher education, sergeants and foremen, soldiers and sailors passing military service under the contract (further - the military personnel passing military service under the contract);
the paragraph the fourth ceased to be valid since January 1, 2010
the sergeants, foremen, soldiers and sailors undergoing military service, cadets of the military professional educational organizations and military educational organizations of the higher education to the conclusion of the contract with them on passing of military service (further - the military personnel undergoing military service).
Terms of the contract about passing of military service are determined by the Federal constitutional Laws, the Federal Laws and other regulatory legal acts of the Russian Federation.
2. Citizens (foreign citizens) acquire the status of the military personnel from the beginning of military service and lose it with the termination of military service.
On the citizens called on military charges, and the citizens staying in mobilization human reserve (further - reserve), the status of the military personnel extends in cases and procedure which are provided by this Federal Law, the Federal Laws and other regulatory legal acts of the Russian Federation.
3. For the citizens who were passing military service in military units of Armed Forces of USSR, other military forming of USSR and the State Parties of the Commonwealth of Independent States before acceptance of the specified military forming under jurisdiction of the Russian Federation and passed to military service into troops or other military forming, the organizations of other states which were earlier part of USSR the social guarantees and compensations provided by this Federal Law, the Federal Laws and other regulatory legal acts of the Russian Federation on condition of the conclusion and ratification in accordance with the established procedure of the corresponding international treaties of the Russian Federation remain.
4. The status of the military personnel passing military service in the territories of the states which are not specified in Item 3 of this Article and also the military personnel sent to armed forces of the specified states according to the procedure of military cooperation is determined according to international treaties of the Russian Federation.
5. Social guarantees and compensations which are provided by this Federal Law, the Federal constitutional Laws and the Federal Laws are established:
to military personnel and members of their families;
to the citizens discharged from military service in the Armed Forces of the Russian Federation, other troops, military forming and bodies, the Joint Armed Forces of the State Parties of the Commonwealth of Independent States and members of their families;
to the citizens discharged from military service in Armed Forces of USSR, border, internal and railway troops, troops of civil defense, bodies and troops of state security, other military forming of USSR and members of their families.
Compensations if other is not established by this Federal Law, other Federal Laws, concern to members of families of the military personnel, the citizens discharged from military service to whom the specified social guarantees extend:
minor children;
children are more senior than 18 years which became disabled people before achievement of age by them 18 years;
the children aged up to 23 years studying in the educational organizations for full-time courses;
persons which are dependent on the military personnel.
The social guarantees and compensations provided by this Federal Law and the Federal Laws for the military personnel and members of their families can be extended to other persons and members of their families by presidential decrees of the Russian Federation.
5.1. Social guarantees and compensations which are provided by this Federal Law, the Federal constitutional Laws and the Federal Laws for the military personnel and members of their families are provided to the citizens staying in the voluntary forming provided by the Federal Law of May 31, 1996 No. 61-FZ "About defense" (further - the citizens staying in voluntary forming), and to members of their families in cases and procedure which are provided by this Federal Law, other Federal Laws.
To members of families of the citizens staying in voluntary forming on which the specified social guarantees and compensations extend if other is not established by this Federal Law, other Federal Laws, belong:
spouse (spouse);
minor children;
children are more senior than 18 years which became disabled people before achievement of age by them 18 years;
the children aged up to 23 years studying in the educational organizations for full-time courses;
persons which are dependent on the citizens staying in voluntary forming.
6. To the military personnel and citizens discharged from military service, to veterans of the Great Patriotic War and combat veterans in the territories of other states, to veterans of military service, and also veterans, the acting as military service in the conditions of emergency state and in case of armed conflicts, the Federal constitutional Laws, the Federal Laws and other regulatory legal acts of the President of the Russian Federation and the Government of the Russian Federation establish additional social guarantees and compensations.
7. Legal and social guarantees to the minor citizens studying in the general education organizations and the professional educational organizations realizing the additional general education programs which are intended for training of minor citizens for military service are regulated by the Federal Laws and other regulatory legal acts of the Russian Federation.
8. For the military personnel captured or as hostages, and also interned in the neutral countries, the status of the military personnel remains. Public authorities and military command shall take measures for release of the specified military personnel according to rules of international law.
In case of unknown absence of the military personnel behind them the status of the military personnel before their recognition in the procedure established by the law remains it is unknown absent or announcements the dead.
For the specified military personnel remain material and other types of providing which are paid (are issued) to the spouses or other members of families of the military personnel living together with them, according to the procedure, determined by the Government of the Russian Federation, before complete clarification of circumstances of capture or as hostages, internment of the military personnel or their release or before their recognition in the procedure established by the law is unknown absent or announcements the dead.
9. The military personnel, citizens discharged from military service and the members of their families having the right to social guarantees and compensations according to this Federal Law use the social guarantees and compensations established for citizens by the Federal constitutional Laws, the Federal Laws and other regulatory legal acts of the Russian Federation. If specified persons at the same time have the right to the same social guarantee and compensation on several bases, then the social guarantee and compensation on one basis, except as specified, especially provided by the Federal constitutional Laws, the Federal Laws and other regulatory legal acts of the Russian Federation are provided to them at their choice.
1. For the military personnel this Federal Law installs single system of legal and social protection, and also material and other types of providing taking into account the held military positions, the given military ranks, the general duration of military service including in preferential calculation, the carried-out tasks, conditions and procedure for passing of military service by them.
2. Legal protection of the military personnel, the citizens discharged from military service and members of their families is function of the state and provides fixing in the laws and other regulatory legal acts of the rights, social guarantees and compensations of specified persons and other measures of their social protection, and also legal mechanism of their realization.
3. Social protection of the military personnel, the citizens discharged from military service and members of their families is function of the state and provides:
realization of their rights, social guarantees and compensations by public authorities, federal state bodies, bodies of military management and local government bodies;
enhancement of mechanisms and institutes of social protection of specified persons;
protection of their life and health, and also other measures directed to creation of the living conditions and activities corresponding to nature of military service and its role in society.
4. Implementation of measures of legal and social protection of the military personnel, the citizens discharged from military service and members of their families is assigned to public authorities, federal state bodies, local government bodies, federal courts of the general jurisdiction, law enforcement agencies within their powers, and also is obligation of commanders (chiefs) (further - commanders). Realization of the rights of the military personnel, the citizens discharged from military service and members of their families according to the Federal constitutional Laws, the Federal Laws and other regulatory legal acts of the Russian Federation can be also promoted by public associations.
5. Nobody has the right to limit the military personnel, citizens discharged from military service and members of their families in the rights and freedoms guaranteed by the Constitution of the Russian Federation and this Federal Law. Officials of public authorities, federal state bodies, local government bodies and organizations, and also the commanders guilty of non-execution of obligations on realization of the rights of the military personnel, the citizens discharged from military service, and members of their families, bear responsibility according to the Federal Laws and other regulatory legal acts of the Russian Federation.
During the implementing of conscription, the conclusion with the military personnel of the contract on passing of military service, and also in case of dismissal of the military personnel from military service the state guarantees obligation fulfillment, provided by this Federal Law, the Federal Laws and other regulatory legal acts of the Russian Federation.
5.1. The Ministry of Defence of the Russian Federation together with the federal executive body performing functions on development and realization of state policy and normative legal regulation in the sphere of work and social protection of the population, federal executive bodies and federal state bodies in which the Federal Law provides military service performs the organization, carrying out and consideration of results of annual monitoring of social and economic and legal status of the military personnel, the citizens discharged from military service, and members of their families according to the procedure, determined by the Government of the Russian Federation.
6. Control of execution of this Federal Law is exercised by public authorities, federal state bodies, law enforcement agencies and bodies of military management.
Supervision of execution of this Federal Law is exercised by the Prosecutor General of the Russian Federation and prosecutors subordinated to it.
1. The legal basis of the status of the military personnel are the Constitution of the Russian Federation, the Federal constitutional Laws, this Federal Law, the Federal Laws and other regulatory legal acts of the Russian Federation, and also rule of international law and the international agreements of the Russian Federation.
1.1. The decisions of interstate bodies made based on provisions of international treaties of the Russian Federation in their interpretation contradicting the Constitution of the Russian Federation are not subject to execution in the Russian Federation. Such contradiction can be established according to the procedure, determined by the Federal constitutional Law.
2. Legal and social guarantees the serviceman, including measures of their legal protection, and also material and other types of providing, provided by this Federal Law, cannot be cancelled or reduced the Federal Laws and other regulatory legal acts of the Russian Federation differently as by introduction of amendments and amendments to this Federal Law.
1. The military personnel is under protection of the state. Nobody has the right to interfere with office activities of the military personnel, except for persons authorized on that by the Federal constitutional Laws, the Federal Laws and other regulatory legal acts of the Russian Federation, and also the Charter of internal service of the Armed Forces of the Russian Federation, the Disciplinary charter of the Armed Forces of the Russian Federation, the Charter of garrison and guard services of the Armed Forces of the Russian Federation (further all-army regulations).
2. The insult of the military personnel, violence and threat of use of violence, infringement of their life, health, honor, advantage, the dwelling, property, and equally in other actions (failure to act) violating and violating them the rights in connection with execution of obligations of military service by them attract responsibility according to the Federal Laws and other regulatory legal acts of the Russian Federation.
3. The military personnel can be detained or subjected to arrest, including as authority punishment, only on the bases and according to the procedure which are provided by the Federal Laws, all-army regulations and other regulatory legal acts of the Russian Federation.
Bodies of military management, bodies of military prosecutor's office and military investigating authorities of the Investigative Committee of the Russian Federation are immediately notified on detention of the military personnel out of arrangement of military unit in which they pass military service.
1. The right to liberty of movement is exercised by the military personnel taking into account need of maintenance of combat readiness of military units by them and ensuring timeliness of arrival to the place of military service.
Rules of movement of the military personnel in arrangement of military unit, their departure out of limits of garrison in the territory of which they pass military service are determined by all-army regulations, the Ship charter of Navy. The procedure for departure of the military personnel out of limits of the territory of the Russian Federation is determined by the Federal Laws and other regulatory legal acts of the Russian Federation.
2. The military personnel passing military service under the contract has the right to change of the place of military service, including to the transfer to other area, according to the contracts signed by them, taking into account conditions of passing of military service, the state of health of the military personnel and members of their families (based on the conclusion of the military-medical commission) and on other bases established by Regulations on procedure for passing of military service.
3. The military personnel passing military service under the contract in case of dismissal from military service has the right to the choice of the permanent residence in any settlement of the Russian Federation or in other state according to the Federal Laws, other regulatory legal acts of the Russian Federation and international treaties of the Russian Federation.
4. The military personnel is the citizens passing military service under the contract, and living together with them the members of their families who are not provided with premises in settlements in which military units are located (the organizations, organizations, bodies), in which the specified military personnel citizens passes military service, or in nearby settlements has the right to be registered at the place of residence to addresses of these military units (the organizations, organizations, bodies). In the cases determined by federal executive bodies and (or) federal state bodies in which the Federal Law provides military service the specified military personnel citizens are registered to addresses of other military units (the organizations, organizations, bodies) which are located in settlements in which the specified military personnel citizens passes military service, or in nearby settlements.
5. Removal from registration accounting at the place of residence to addresses of military units (the organizations, organizations, bodies) of persons registered to these addresses along with the cases provided by the Federal Laws is performed also based on the statement of the commander (the chief, the head) of military unit (the organization, organization, body) or other representative by it persons in the following cases:
the translation of the military personnel - the citizens passing military service under the contract, to the new place of military service and their exception of lists of staff of military unit (the organization, organization, body), except for the translation for passing of military service in certain regions of the Russian Federation, settlements and areas of the Russian Federation, the specified in paragraph one of Item 20 of article 15.2 of this Federal Law, or the direction for passing of military service outside the territory of the Russian Federation;
dismissal of the military personnel - the citizens passing military service under the contract from military service and their exception of lists of staff of military unit (the organization, organization, body), except as specified, if after dismissal from military service citizens continue to stay on the registry as persons in need in premises in federal executive body or federal state body in which the Federal Law provides military service, or the body or organization authorized by them;
providing the military personnel - the citizens passing military service under the contract, and (or) members of their families in the place of passing of military service of the specified military personnel citizens or in nearby settlements premises under the agreement of social hiring or in property free of charge, to the employment contract of office premises or the employment contract of premises in the hostel according to this Federal Law or other regulatory legal acts of the Russian Federation, the laws or other regulatory legal acts of subjects of the Russian Federation, regulatory legal acts of local government bodies;
acquisition by the military personnel - the citizens passing military service under the contract and (or) members of their families, including at the expense of own means, premises in property (share in the property right to premises) in the place of passing of military service of the specified military personnel citizens or in nearby settlements;
removal by federal executive body or federal state body in which the Federal Law provides military service, or authorized by them body or organization of the citizens discharged from military service, and (or) members of their families from accounting as persons in need in premises, exception of the military personnel - the citizens passing military service under the contract, and (or) members of their families from the list needing specialized premises;
provision to the citizens discharged from military service and (or) members of their families of premises under the agreement of social hiring or in property free of charge according to this Federal Law or other regulatory legal acts of the Russian Federation, the laws or other regulatory legal acts of subjects of the Russian Federation, regulatory legal acts of local government bodies;
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