of May 29, 2014 No. 8
About practice of application by courts of the legislation on conscription, military service and the status of the military personnel
For the purpose of ensuring unity of practice of application by courts of the legislation on conscription, military service and the status of the military personnel, and also considering arising at courts by consideration of this category put questions, the Plenum of the Supreme Court of the Russian Federation, being guided by article 126 of the Constitution of the Russian Federation, Articles 9, 14 Federal constitutional Laws of February 7, 2011 No. 1-FKZ "About courts of law in the Russian Federation", decides to make the following explanations:
1. Owing to article 7 of the Federal constitutional Law of June 23, 1999 No. 1-FKZ "About public vessels of the Russian Federation", article 18 of the Code of administrative legal proceedings of the Russian Federation (further - KAS Russian Federation), article 25 of the Civil Procedure Code of the Russian Federation (further - the CCP of the Russian Federation) and article 4 of the Federal Law of December 1, 2006 No. 199-FZ "About legal proceedings on materials about gross minor offenses in case of application to the military personnel of disciplinary arrest and about execution of disciplinary arrest" the cases connected with protection of the violated and (or) disputed rights, freedoms and interests of the military personnel, the citizens undergoing military charges protected by the law, from actions (failure to act) of bodies of military management, military officials and the decisions made by them, are jurisdictional to public vessels.
The persons discharged from military service, the citizens who underwent military charges, the citizens staying in mobilization human reserve, having the right to dispute in public vessels of action (failure to act) of bodies of military management, military officials and the decisions made by them which violated the rights, freedoms and the interests of specified persons protected by the law during passing of military service, military charges, stay in mobilization human reserve (for example, cases on administrative actions for declaration of persons discharged from military service on recovery on military service, etc.).
Cases on the administrative offenses specified in parts 1 and 2 of article 23.1 of the Russian Federation Code of Administrative Offences (further - the Code of the Russian Federation on Administrative Offences) and made by the military personnel and citizens called on military charges are considered by judges of garrison public courts.
To judges of public vessels also cases on the administrative offenses made by the military personnel which are considered according to the procedure, stipulated in Item 3 parts 1 of article 30.1 Code of the Russian Federation on Administrative Offences are jurisdictional. In such cases cognizance of consideration of claims to resolutions shall be determined by cases on administrative offenses by the place of making of offense, but not the location of relevant organ on behalf of which the official constitutes the protocol or issues the decree on the case of the administrative offense according to the procedure provided by part 3 of Article 28.6 and article 29.10 Code of the Russian Federation on Administrative Offences.
Cases on claims to the military personnel, persons discharged from military service for compensation of the damage caused by them in case of fulfillment of duties of military service on the bases established by Articles 8, 9 Federal Laws of July 12, 1999 No. 161-FZ "About financial responsibility of the military personnel" are jurisdictional to public vessels.
Judges of garrison public courts perform legal proceedings on materials about gross minor offenses in case of application to the military personnel of disciplinary arrest and about execution of disciplinary arrest.
Owing to part 4 of article 7 of the Federal constitutional Law "About Public Vessels of the Russian Federation" to the public vessels deployed outside the territory of the Russian Federation all civil, administrative and criminal cases which are subject to consideration by courts of law are jurisdictional if other is not established by the international treaty of the Russian Federation.
2. In case of adoption of administrative actions for declaration and actions for declaration to production of court it must be kept in mind that as administrative claimants (claimants) the military personnel, citizens passing or last military charges, the citizens staying or staying in mobilization human reserve and persons discharged from military service, bodies of military management and military officials, and can act as administrative defendants (defendants) - bodies of military management and military officials, and also the military personnel, citizens passing or last military charges, the citizens staying or staying in mobilization human reserve and persons discharged from military service (for example, on the bases, the established Federal Law "About Financial Responsibility of the Military Personnel").
Military personnel are the citizens of the Russian Federation who do not have nationality (citizenship) of foreign state who pass military service in the Armed Forces of the Russian Federation and in internal troops of the Ministry of Internal Affairs of the Russian Federation (further - other troops), in technical, road-building military forming in case of federal executive bodies and in rescue military forming of the federal executive body authorized on the solution of tasks in the field of civil defense (further - military forming), Russian Foreign Intelligence Service, bodies of the Federal Security Service, bodies of the state protection and federal body of ensuring mobilization preparation of public authorities of the Russian Federation (further - bodies), military divisions of Federal fire service and the special forming created on wartime, and also citizens, having nationality (citizenship) of foreign state, and foreign citizens who pass military service in the Armed Forces of the Russian Federation and military forming.
In the cases provided by the Federal Laws and regulatory legal acts of the President of the Russian Federation, the military personnel can pass military service not on military positions in the organizations performing activities for the benefit of defense of the country and safety of the state and the federal state educational organizations of the higher education determined by the President of the Russian Federation. Owing to Article 19 of the Regulations on procedure for the passing of military service approved by the Presidential decree of the Russian Federation of September 16, 1999 No. 1237, as defendants (interested persons) in claims and statements of the military personnel passing military service not on military positions can act as heads of the relevant organizations (for example, concerning dismissal), and bodies of military management, military officials (for example, concerning dismissal from military service).
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