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The document ceased to be valid since May 29, 2014 according to Item 52 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of May 29, 2014 No. 8

RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE RUSSIAN FEDERATION

of February 14, 2000 No. 9

About some questions of application by courts of the legislation on conscription, military service and the status of the military personnel

(as amended on on February 6, 2007)

During military reform in the Russian Federation particularly important become compliance with law about conscription, military service and the status of the military personnel, and also the judicial protection of the rights and freedoms of citizens, including military personnel and members of their families guaranteed by the Constitution of the Russian Federation.

The studying of court practice which is carried out by the Supreme Court of the Russian Federation showed that the number of the cases on the statements and claims connected with violation of the law about social legal protection of the military personnel considered by courts, the citizens discharged from military service and members of their families is considerable. The vast majority of such statements and claims is satisfied with courts that demonstrates violation of the rights of specified persons.

For the purpose of ensuring the correct and uniform application of the legislation on conscription, military service and the status of the military personnel the Plenum of the Supreme Court of the Russian Federation decides to make to courts the following explanations:

1. According to the Federal Laws "About the Status of the Military Personnel" and "About Conscription and Military Service" military personnel are the citizens passing military service in the Armed Forces of the Russian Federation, other troops, military forming and bodies specified in article 2 of the Federal law "About Conscription and Military Service". Also the military personnel attached in accordance with the established procedure to federal bodies of the government, other state bodies and organizations, public authorities of subjects of the Russian Federation, the international organizations according to international treaties of the Russian Federation, to the state unitary enterprises which property is in federal property, to joint-stock companies which hundred percent of shares is in federal property and which perform work for the benefit of defense of the country and safety of the state, to other companies, organizations and the organizations if it is provided by the Federal Law, and also according to article 2 of the Federal law "About the Status of the Military Personnel" the citizens undergoing military charges has the status of the military personnel. The military personnel - foreign citizens has the status of the military personnel with some restrictions established by the law.

Persons serving in other state militarized bodies and forming based on other laws and regulatory legal acts, the having special ranks similar or similar with military ranks are not military personnel and have no their status.

2. According to article 10 of the Federal law "About the Status of the Military Personnel" the right to work is exercised by the military personnel by means of passing of military service by them. Therefore in case of permission of cases on claims or claims courts need to mean that procedure for passing of military service, in particular the conclusion of the contract on passing of military service, the termination of its action, revenues to military service and dismissal from it, appointment to military positions and release from military positions, disciplinary and the financial responsibility of the military personnel, and also other legal relationship having specific nature in the conditions of military service are regulated by the Federal Laws and other regulatory legal acts (including departmental) determining procedure for passing of military service and the status of the military personnel.

Regulations of the labor law can be applied to the legal relationship connected with passing of military service only in cases when about it there is direct specifying in the law. So, according to Item 9 of article 10 of the Federal law "About the Status of the Military Personnel" the military personnel of the woman and military personnel raising children without father (mother) use social guarantees and compensations according to the Federal Laws and other regulatory legal acts on protection of family, motherhood and the childhood.

3. According to article 7 of the Federal constitutional Law "About Public Vessels of the Russian Federation", article 25 and part 3 of article 254 CCP of the Russian Federation to public vessels, except for the cases referred to cognizance of the Supreme Court of the Russian Federation all civil cases about protection of the violated and (or) disputed rights, freedoms and interests of the military personnel of the Armed Forces of the Russian Federation, other troops, military forming and bodies, the citizens undergoing military charges protected by the law, against actions (failure to act) of bodies of military management, military officials and the decisions made by them are jurisdictional. To other courts of law and magistrate judges such cases are not jurisdictional.

To public vessels civil cases in claims and statements for contest of decisions, actions (failure to act) of other state or municipal authorities, legal entities or physical persons, and also the civil cases in claims and petitions from citizens which do not have the status of the military personnel, except for the citizens discharged from military service (who underwent military charges) are in the territory of the Russian Federation not jurisdictional if they appeal or dispute actions (failure to act) of bodies of military management, military officials and the decisions made by them which violated them the rights, freedoms and the interests protected by the law during passing of military service by them, military charges (for example, the cases on claims and petitions from citizens discharged from military service, on recovery on military service, about collection not issued cash and other types of allowance as their rights are violated during passing of military service by them).

4. By preparation of the specified civil cases for legal proceedings it is necessary to consider that the existing civil procedural legislation provides distinctions according to the procedure of hearing of cases, following from the public and private-law relations in this connection the correct establishment of nature of legal relationship of the parties is of particular importance.

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