THE LAW IS ON YOUR SIDE

Please explain the legality of the action of the commander of our unit on the order of the Ministry of Defense of the Russian Federation, which refers to the reduction of the status of female military personnel, and their dismissal for organizational and staff measures. I signed the contract under item "a", and I was not even offered another job when I was reduced. I am the breadwinner of a 7-year-old son, and there is no way to get another job in the garrison.

I've been in the army since 1989, hoping to get a housing certificate, but now I don't know what to do...

Guards senior sailor G. LASKIN.

Olenegorsk city

Indeed, the Minister of Defense of the Russian Federation issued an order (1998), which excluded from September 1, 1998 the possibility of female military personnel serving in certain military positions. At the same time, the order stated that if it was impossible to place the above-mentioned female servicemen in other positions, they should be dismissed in accordance with subclause "a" of clause 2 of Article 51 of the Federal Law of the Russian Federation "On Military Duty and Military Service".

However, despite the fact that according to this order, dismissal is made under a" preferential " article, this document is discriminatory in relation to female military personnel and contradicts the Constitution of the Russian Federation (1993), which states that "the state guarantees equality of human and civil rights regardless of gender... men and women have equal rights and freedoms and equal opportunities to exercise them" (Article 19). In addition, in accordance with Decree of the President of the Russian Federation No. 763 of May 23, 1996 "On the procedure for publication and entry into force of Acts of the President of the Russian Federation, the Government of the Russian Federation and normative acts of Federal Executive Bodies" (paragraphs 8-10, 12), all departmental normative acts affecting the rights and freedoms of citizens or having an interdepartmental nature These laws come into force within 10 days after state registration with the Ministry of Justice of the Russian Federation (i.e., only after passing a legal expert examination conducted by the Ministry of Justice). In this case, this order of the Ministry of Defense of the Russian Federation shows that it did not pass state registration with the Ministry of Justice.

It is clear from the letter that you had previously signed a contract with the Ministry of Defense of the Russian Federation under clause "a" of Part 1 of Article 33 of the Law of the Russian Federation "On Military Duty and Military Service "(1993), i.e. a contract on military service in the personnel of the Armed Forces of the Russian Federation, in connection with which the unit to continue your service in the Russian Armed Forces.

It follows from the above that you have the right to appeal to the court against the actions of officials of the Ministry of Defense of the Russian Federation and seek recognition of the fact of issuing the order of the Ministry of Defense of the Russian Federation (1998) as illegal.

It should be noted that after being dismissed for organizational and staff measures, female military personnel should apply to the local employment agency, where they will be paid unemployment benefits (this is often forgotten, but the amount of benefits, especially in the first months, is significant), as well as to the military enlistment office for receiving benefits, which are paid within 12 months. months in the amount of the military rank salary, regardless of receiving unemployment benefits. The payment of this allowance is determined by the Decree of the Government of the Russian Federation No. 941 of September 22, 1993.

THE SOLDIER WANTS TO CONTINUE HIS SERVICE...

I am a private of the Russian Armed Forces. Served for one year. I wish to serve under contract. I do not know how to sign a contract with another military unit if there are no vacancies in my unit. I would like to know the addresses of military units located on the Caspian and Azov-Black Sea coasts. My specialty is radar and communications.

Private Evgeny Portsev.

Karachev, Bryansk region

In accordance with Article 34 of the Federal Law of the Russian Federation "On Military Duty and Military Service" (1998), a contract for military service may be concluded by military personnel serving on conscription who have served for at least 12 months. However, entering into a contract with another military unit (especially if this unit is of a different type of the Russian Armed Forces) is difficult, since a serviceman needs to sign a contract with the commander of another unit and then transfer to it. In practice, military personnel usually enter into a contract either in their own unit or in a higher (lower) unit.

As for the addresses of the military units mentioned in the letter, you should contact the organizational and mobilization Department of the Russian Navy (103175, Moscow, K-175), which has information about which coastal units of the Navy need such specialists.

In your case, it is advisable for the remaining year of service to find a vacant position in the unit that suits you at your location, and after leaving for the reserve, be called up to this unit to serve in it under a contract.

A RESERVED APARTMENT WON'T HURT

Transferred to a new job. In the old place, I have housing that I handed over by armor through KECH (without paying me) to a serviceman of the unit where I served earlier. What documents are required to pay for sublease of housing at a new place of service? How can I resolve the issue of obtaining housing at a new duty station with the lowest risk of losing housing at the old one?

Major Mikhail Polyakov.

Tula city

The procedure for payment of monetary compensation for renting (subleasing) residential premises to military personnel of the Armed Forces of the Russian Federation is provided for in clause 3 of Article 15 of the Federal Law of the Russian Federation " On the Status of Military Personnel "(1998), Government Decree No. 604 of June 26, 1995, and Order of the Ministry of Defense of the Russian Federation No. 150 of April 21, 1997.

In accordance with paragraph 5 of the Instruction (Appendix No. 2 to the Order of the Ministry of Defense of the Russian Federation No. 150 of 1997), in order to receive this compensation, military personnel submit a report in the order of subordination indicating the place of temporary residence and the amount of actual costs for renting (subleasing) residential premises. The following documents are attached to the report:: 1) a copy of the lease agreement for residential premises (subject to its conclusion in writing); 2) a certificate of the military unit on the composition of the family;

3) an extract from the order of the commander of the military unit on enlisting a serviceman in the lists of personnel of the military unit. At the same time, in accordance with Article 15 of the Federal Law "On the Status of Military Personnel" and the provisions of the housing legislation of the Russian Federation, a serviceman is obliged to hand over housing at the old place of service only after providing him with housing at the new place of service. When transferring to a new duty station, military personnel who are being booked for living quarters are provided with official living quarters or dormitories.

THE CLAIM IS VALID

On May 29, 1998, he was dismissed due to illness; on June 4, 1998, the military commissariat at the place of residence prepared and sent documents to the Military Insurance Company in connection with the establishment of the 2nd disability group. He received insurance coverage 4.5 months later (October 22, 1998). Was the Military Insurance Company obligated to pay me a fine for each day of delay?

Retired Senior Ensign Alexander Yavorsky.

city-Nytva, Perm region

In accordance with clause 4 of Article 11 of the Federal Law of the Russian Federation "On compulsory life and health insurance of military personnel, citizens called up for military training, ordinary members of the Internal Affairs bodies of the Russian Federation and employees of Federal Tax Police bodies" dated March 28, 1998, the insurer pays insurance amounts within 15 days from the date of receipt of the documents required to make a decision on the specified payment. At the same time, in the event of an unjustified delay in the payment of the required amounts by the insurer, the insurer pays the insured person a fine of 1 percent of the insured amount for each day of delay out of its own funds.

In connection with the above, you need to file a claim with the Military Insurance Company, and in case of refusal to solve your problem, contact the judicial authorities.

HOUSING FOR DIVORCED PEOPLE-ON AN EXCEPTIONAL BASIS

Please advise us how to resolve the following situation.

The couple divorced three years ago. My ex-husband has been in Tajikistan as part of the peacekeeping forces for 4 years. He was released from his apartment more than two months ago. Now he needs a certificate that he has passed the living space. He is not going to live in the garrison (Chernorechye settlement, Samara region). The apartment is 3-room, registered 3 people.

Major V. SHARAEV.

Roshchinsky settlement, Volzhsky district

Samara region

As follows from the letter, the serviceman needs a certificate provided for in Appendix No. 3 to Article 27 of the Order of the Ministry of Defense No. 275 of 1975. However, in the described case, it can only be issued to him if his wife herself continues to serve in this unit. A serviceman who has dissolved a marriage, in accordance with the explanations of the GlavKEU of the Ministry of Defense of 1985 N 147/2/22537, does not acquire the right to receive another living space in the usual way. Only by way of special exception, at the request of the housing commission and the command, in accordance with the decisions of the district commanders (first Deputy Defense Ministers of the Russian Federation), these military personnel may be granted other living space. They can also solve their housing problem by joining the HBC (after obtaining the permission of the above-mentioned persons). In the above-mentioned cases, the following documents are attached to the request of the command addressed to the Commander of the district troops (First Deputy Minister of Defense of the Russian Federation):: 1) report of the serviceman on command; 2) copy of the certificate of division (deprivation) of living space; 3) certificate of survey of housing conditions.

Answers to questions from Orientir readers were prepared by the Air Force's legal Adviser, Major of Justice L. KLIMAKOV

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