The question of the age limit for military service This is not the first year that it has been raised at the legislative level. But it is precisely on the indicator of the age limit of military personnel that their career largely depends, as well as the prospects of a person who gives the best years of his life to the service of the Motherland.
That is why the state chose to take a truly serious and responsible step towards the formation of a professional army. And although the debate about the age threshold will continue to disturb the public, it is worth understanding the state of this issue today.
What does age limit mean?
Legislation on conscription and military service has existed since the distant 1988. Federal Law No. 53 talks about the features of service, and also pays attention to such a concept as the age limit for military service. This issue is discussed in more detail in article 49.
This norm contains exact figures that regulate the maximum age of being in the army.
There are regulatory legal regulations, which directly affect the restrictions on the fact of being in the ranks of the armed forces. These norms are discussed in more detail in the regulation on the order of service, which was fixed by his decree on September 16, 1999, the President of Russia. This document has the number 1237, and it is valid today.
All of the above provisions will regulate the issues of signing contracts with military personnel, as well as the nuances of signing contracts with persons who are already directly approaching the age limit for military service.
What is the age limit for military service?
To date, when determining the age limit for military service, the legislator has linked directly with the rank to which a citizen has risen.
Back in 2014, the age of a serviceman was increased by 5 years, but the officer retained the right to leave the ranks of the armed forces with the right to maintain a pension even before the age limit.
At the same time, the age of the stock was increased.
If it becomes necessary to call ensigns into the ranks of army employees, then their age can reach a maximum of 50 years, depending on the specific specialization.
As for the lower officers, then these citizens can serve up to the age of 60.
As for persons who are in the rank of major, as well as captains of the second and third ranks, they are called up before the age of 65 years.
Colonels and captains of the 1st rank are called up until the age of 65, and the highest officer reserve even up to 70 years.
Separate provisions apply to female military personnel. If they are in the reserve in the officer rank, they will be called up to 50 years.
If a serviceman has approached the age limit over the years of his work, then he can still count on signing a new contract. However, only certain citizens can count on it.
- Marshals Russian Federation.
- Fleet admirals.
- Army Generals.
- Colonel General.
These persons have the right to sign a contract until the age of 70. If we are talking about other military personnel, then these citizens can sign contracts up to the age of 65 years.
Article 49 age limit for military service
Article 49 of Federal Law 64 of April 2, 2014 talks about what provisions touched on the issue of the age limit. Thus, in accordance with paragraph 1 of this regulatory legal act, the age limit for military service is established only for certain categories of citizens.
These are marshals, admirals of the fleet, colonel generals, whose age cannot exceed 65 years.
- Vice admirals and major generals under 60.
- Colonels and captains of the 1st rank up to 55 years old.
- Lieutenants in military rank up to 50 years.
The second paragraph of this normative legal act contains provisions on women whose age in military service is set at 45 years.
If military personnel have reached the age limit in accordance with this article, but wish to enter into a new contract, o they have every right to retire from military service due to age may enter into a new contract, if this implies, again, age.
A new contract may be concluded with persons in accordance with the third paragraph of the article who have military rank:
- Marshals.
- Generals.
- Admirals.
- Colonel generals.
An agreement is reached with these people until the age of 70.
With persons who have a double military rank, this age cannot exceed 65 years
Age restrictions
Thus, Article 49 of Federal Law No. 53 provided for the following age restrictions.
- 65 years is the age of conclusion of an agreement for marshals, generals, admirals, colonel generals.
- 60 years is the deadline for lieutenant generals, vice admirals, rear admirals, major generals.
- 55 years is the deadline for colonels and captains of the first rank.
- 50 years for other army ranks.
What caused the restrictions
Many military personnel still cannot understand why such restrictions appeared. From the point of view of the legislator, this is explained by the fact that there is more logic in such a decision. For example, dismissing a general who has reached the age of 55 on the basis that he has already reached a certain age is unreasonable. Especially if at the age of 55 a man is perfectly built, feels good, and most importantly, is important for the Russian army.
It also seems unreasonable to dismiss a 50-year-old colonel or doctor of science from a military academy only on the basis of reaching a certain age.
However, a completely different thing happens in a situation where, at the age of 65, a commander independently takes off his shoulder straps and decides to retire.
It is already quite difficult for a person at the age of 65 to be at the landfills, as well as to carry out any physical labor.
But if a person sits only in the office, spends time behind papers with discussions, then at the age of 65 he will feel great in the service.
Therefore, in matters of assigning restrictions, certain limits were established that take into account not only the age, but also the type of activity of each serviceman. After all, people who carry out physical activity are quickly exhausted, in contrast to people who are engaged in office and paper work.
Legislative changes
The latest changes in legislation took place in 2014, when Federal Law No. 53 saw the light of day. However, it is planned to review this issue more meticulously in the near future and create a new legal act that will be entirely devoted to this issue.
Reasons for change
When preparing this legal act, the Ministry of Defense took into account only one reason.
Today in the ranks armed forces there is a special system of selection, contract service, as well as the training of future fighters.
All officers want to see in their branches and units not only military personnel, but also professionals and people who are motivated for long military service, and not those who joined the army just because they did not find themselves in the civil service.
Candidates for military personnel very often see in serving the Motherland only the possibility of obtaining an apartment, as well as a new way of earning. Military service is not seen as a goal, a perspective and a profession.
It is a well-known practice that at the age of 30 a man decides to enlist as a soldier only because he cannot earn enough money as a civilian. With the increase in the maximum service age, a person who, at the age of 30, has come to the idea that he wants to connect his life with military service, can reach a pension, and most importantly, have time to receive it.
Service time extension
President of the Russian Federation Vladimir Putin proportionally increased the age of a serviceman to 65 years.
The head of state explained that the introduction of such a condition would increase the age limit for military service.
In addition, such a measure will make it possible to adjust the composition and ranks of citizens, as well as to prepare professionals in the best possible way for a long, and most importantly, professional activity.
Features of women's service
Women who serve in the armed forces of the Russian Federation were also touched upon by the issue of changing the age limit. Now, for ladies, the age limit for military service, which is not determined by rank, will be 45 years.
However, if a woman wants to continue working, while she is important for military service, then she, of course, can stay and continue her activities until she considers it necessary to resign.
Seniority
Length of service is understood as a special type of continuous and seniority, which will involve the accrual of pension remuneration, also combined with certain benefits and increases. These benefits and increases will be commensurate with the number of years worked.
Also, the legislation of the Russian Federation strictly defined categories of persons who, by virtue of their professional duties, being in a certain position, and also in accordance with working conditions, may be entitled to a pension calculation that will correspond to the concept of seniority.
A complete list of such persons, including military personnel, can be found on the website of the pension fund, as well as in the relevant regulatory legal acts that are able to answer this question.
Pension amount
On the territory of the Russian Federation, there is an opportunity to become a military pensioner, without even taking into account the link to age. They retire at the age of about 40, and some military personnel even earlier.
However, today the situation is rapidly changing, and military personnel arrive at their place until their venerable age. This is done so that the serviceman is useful to the army for as long as possible, and so that the size of the pension is as large as possible for the life and maintenance of the elderly.
In order to get such a necessary general experience for military personnel, you will need to work in certain military structures for up to 20 years, and sometimes even more.
If there was a disability, as well as deaths, then such a circumstance will serve as the basis for calculating pensions both for the disabled and for the relatives of the deceased serviceman.
The size of the pension provision will also be directly affected by the amount of the monetary allowance itself, which the serviceman disposed of. The amount of monetary allowance will consist of several indicators at once. This is a salary, as well as other payments that were due to a particular soldier.
If a citizen expects that he will retire upon reaching the age limit, then he will be able to count on the largest possible pension. This means that he received the maximum length of service, so the amount of his monetary allowance can reach up to 95%, which will not affect life in any way, also in the social status of a serviceman.
On the contrary, if a serviceman retires when he has not yet reached the age limit, but has received an average length of service, then the amount of his pension will be average, it may equal 50 or 60% of the available monetary allowance, which, naturally, will not have the best effect on his social status.
Also, in addition to the basic pension provision, if a serviceman fits into any category of citizens that were specified in Articles 38, 17, 24, 45 of Federal Law 4468, he can count on receiving an allowance, as well as an increase in pension.
If a soldier continues to work as they say “in civilian life”, even after reaching a respectable age, then also may qualify for an additional insurance pension. However, for this, the relevant conditions must be met, for example, retirement age, length of service and the required amount. This will provide a good increase to the pension in the form of second payments.
What to do when you reach
What to do if the serviceman has reached the age limit, and then does not know what to do?
He can no longer remain in military service. For example, the activity of a serviceman was associated with physical labor and, unfortunately, took a lot of work and physical strength. Therefore, there are no more reasons to remain in military service.
What to do in this case? If the length of service allows, as well as the age limit of a soldier, it is necessary to quit. Yes exactly. Dismissal implies that a citizen retires due to reaching the age limit.
But what to do next? And then, you can go and safely draw up a military pension. A citizen deserved it, having received a certain length of service, and also, having reached a certain age. Now, a citizen can safely go to get a second civilian specialty. Indeed, this is not prohibited by law, and no one can take away your military pension from the law.
How to proceed in this matter? In fact, everything is extremely simple. A serviceman is arranged under a regular employment contract, and is also registered with the Pension Fund. The funds are transferred to his insurance account.
This means that upon dismissal from work, a citizen can count on a small pension, which the pension fund accrues to him already for having a citizen employment. This will be a small, but very tangible increase in the existing pension.
Today, it would seem, the servicemen are placed in harsh conditions. Their length of service was increased, because of this, citizens, instead of the accepted period of military service, must carry out their service more long time.
Also, the age limit has increased. Perhaps for those who carried out their activities in offices and other premises, this is good news. After all, now they can be in the service for a long time, thereby not being bored at home, receiving good money.
However, there are also downsides. For example, people whose activities were directly related to physical activity, now, unfortunately, can no longer perform work at the same level. And physical activity will have a bad effect on their health.
In this case, of course, the legislator leaves an individual approach and allows each citizen to reserve the right to a military pension in accordance not only with the maximum age reached, but also in accordance with the type of activity in which he was engaged.
Thus, persons who carry out their activities indoors will retire much later than persons who have been directly involved in hostilities, often visited the training grounds.
Also, it is important to realize that military retirement is not a sentence. A citizen retains the right to continue his labor activity, but not within the framework of military service, but, for example, within the framework of other activities in civilian life.
For example, carrying out civic activities, opening own business, also, a device under an employment contract. Thus, even in old age, you can try to start new life, which will be marked by a new labor activity, new perspectives and career growth.
Age limit for military service
1. With military personnel who have reached the age limit for military service and who have expressed a desire to continue military service, a contract may be concluded for a period of up to 10 years inclusive, but not more than they reach the age of 65 years.
2. The age limit for military service is set:
a) for the Marshal of the Russian Federation, general of the army, admiral of the fleet, colonel general, admiral - 60 years;
b) for lieutenant general, vice admiral, major general, rear admiral - 55 years;
c) for a colonel, captain of the 1st rank - 50 years;
d) for a serviceman with a different military rank - 45 years;
e) for a female soldier - 45 years.
3. A serviceman who has reached the age limit for military service, in order to conclude a new contract, submits a report on command to an official who has the right to make a decision on concluding a contract with the specified serviceman, at least six months before the expiration of the current contract.
Decisions on the conclusion of contracts with military personnel who have reached the age limit for military service, on the term of a new contract or on the refusal to conclude a contract are made:
a) for senior officers, as well as officers appointed to military positions for which the state provides for the military ranks of senior officers, by the President of the Russian Federation;
b) for colonels, captains of the 1st rank, as well as officers appointed to military positions for which the state provides for the military ranks of colonel, captain of the 1st rank - by the head of the federal executive body in which military service is provided;
c) for military personnel with a military rank up to lieutenant colonel, captain of the 2nd rank inclusive, - by officials who have the right to appoint these military personnel to their military positions.
4. If the relevant official decides to conclude a contract with a serviceman who has reached the age limit for military service and the term of its validity, the specified contract is signed by the commander (chief), who is granted the right to sign new contracts.
5. The decision to conclude a contract with a serviceman who has reached the age limit for military service is made taking into account his business qualities, as well as his state of health.
If necessary, the specified serviceman may be sent to undergo the IHC.
The conclusion of the VVK must be received by the official who has the right to decide on the conclusion of the contract, not less than four months before the end of the term of military service of the specified serviceman.
6. The head of the federal executive body, which provides for military service, has the right to determine the categories of specialists with whom contracts can be concluded when they reach the age limit for military service.
7. For a serviceman who is doing military service in the position of the head of a federal executive body in which military service is provided for, who has reached the age limit for military service and who wishes to continue military service, the term of military service may be extended by the President of the Russian Federation, but not more than age 65 years.
8. The age limit for the military personnel of the foreign intelligence agencies of the Russian Federation to be in military service is established by the head of an independent foreign intelligence agency of the Russian Federation or by the head of the federal executive body, the structure of which includes the foreign intelligence agency of the Russian Federation, in the manner determined by the President of the Russian Federation, but cannot be less than the age limit established by the commented Federal Law (Article 17 of the Federal Law "On Foreign Intelligence").
Decree of the President of the Russian Federation "Issues of military service" dated September 16, 1999 N 1237 determined that the director of the Foreign Intelligence Service of the Russian Federation, the heads of federal executive bodies, which include the foreign intelligence agencies of the Russian Federation, when establishing the age limit for staying on the military service of military personnel of these bodies should be guided by the Decree of the President of the Russian Federation "On the procedure for establishing the age limit for the military personnel of the foreign intelligence bodies of the Russian Federation" dated April 21, 1996 N 574 (p. 2).
Decree of the President of the Russian Federation of April 21, 1996 N 574 determined that the establishment of the age limit for military service for military personnel of the foreign intelligence agencies of the Russian Federation is carried out by extending the period of their stay in military service.
Foreign intelligence agencies include not only the Foreign Intelligence Service of the Russian Federation, but also intelligence agencies that are structurally part of a particular ministry or department (for example, intelligence agencies of the General Staff of the Armed Forces of the Russian Federation, etc.).
9. The right to make a decision on the extension of the period of stay in the military service of military personnel of the foreign intelligence agencies of the Russian Federation who have reached the age limit established by the commented Federal Law is granted:
Minister of Defense of the Russian Federation;
Director of the Foreign Intelligence Service of the Russian Federation;
Director of the Federal Security Service of the Russian Federation.
10. Prolongation of the period of stay in military service by the relevant officials should be carried out taking into account the qualifications, business and moral qualities, and the state of health of the serviceman.
11. The decision to extend the term of military service is implemented by concluding with each of the servicemen who have reached the maximum term of military service, a contract for military service for a period of one year, three years or five years in the manner prescribed by departmental regulatory legal acts.
12. Letter No. а6-1082 of March 18, 2003, No. а6-1082, issued by the Main State Legal Department of the President of the Russian Federation "On the issue of concluding contracts for military service with servicemen who have reached the age limit for military service", provides the following clarifications.
The procedure for concluding a new contract with military personnel, including those with military ranks of senior officers, as well as those appointed to military positions for which the state provides for military ranks of senior officers, who have reached the age limit for military service and who have expressed a desire to continue military service, is determined by Art. 49 of the Federal Law "On military service and military service" and art. 10 of the Regulations on the procedure for military service, approved by Decree of the President of the Russian Federation "Issues of military service" of September 16, 1999 N 1237.
Decisions on the conclusion of contracts with senior officers, as well as officers appointed to military positions for which the state provides for the military ranks of senior officers who have reached the age limit for military service, on the term of a new contract or on the refusal to conclude a contract are made by the President of the Russian Federation.
The specified military personnel who have reached (reaching) the age limit for military service, for the conclusion of a new contract, submit a report on command with an appeal to the President of the Russian Federation on the decision to conclude a contract with them, at least six months before the expiration of the current contract.
If the President of the Russian Federation decides to conclude a contract with these military personnel and its validity period, the specified contract is signed by the commander (chief), who is granted the right to sign new contracts.
According to paragraph 1 of Art. 38 of the said Federal Law, the period of military service for servicemen undergoing military service under a contract is determined by the period specified in the contract for military service. In accordance with paragraph 3 of Art. 3 of the Regulations on the procedure for passing military service, the term of military service expires for military personnel undergoing military service under a contract on the corresponding month and date last year term of the contract or on the corresponding day of the last month of the term of the contract, if the contract was concluded for a period of up to one year.
Based on this requirement, paragraph 7 of Art. 9 of the Regulations on the procedure for passing military service, it is determined that with a serviceman whose term of the previous contract ends, a new contract is concluded on the day following the day the term of the previous contract expires.
Thus, as a general rule, the report and materials on the conclusion of a new contract with the military must be received by the President of the Russian Federation in such a way that the conclusion of a new contract in accordance with the order of the President of the Russian Federation is carried out by the relevant official on the day following the expiration date of the previous contract .
However, in a number of cases, the order of the President of the Russian Federation on the conclusion of a contract with a serviceman who has reached the age limit for military service is issued later than the expiration of the term of the previous contract for this serviceman. In these cases, when concluding a new contract with a serviceman, it is necessary to be guided by paragraph 4 of Art. 32 of the Federal Law "On Military Duty and Military Service", in accordance with which the contract for military service terminates from the date the military serviceman concludes another contract for military service, the serviceman is excluded from the lists of the military unit, as well as in other cases established by federal laws.
Based on the provisions of paragraph 4 of Art. 32, art. 49 of the Federal Law "On Conscription of Military Service" and Art. 10 of the Regulations on the Procedure for Passing Military Service, a contract with a serviceman in these cases should be concluded not from the date of expiration of the previous contract, but from the date of entry into force of the relevant order of the President of the Russian Federation.
1. With military personnel who have reached the age limit for military service and who have expressed a desire to continue military service, a contract may be concluded for a period of up to 10 years inclusive, but not more than they reach the age of 65 years.
2. The age limit for military service is set:
a) for the Marshal of the Russian Federation, general of the army, admiral of the fleet, colonel general, admiral - 60 years;
b) for lieutenant general, vice admiral, major general, rear admiral - 55 years;
c) for a colonel, captain of the 1st rank - 50 years;
d) for a serviceman with a different military rank - 45 years;
e) for a female soldier - 45 years.
3. A serviceman who has reached the age limit for military service, in order to conclude a new contract, submits a report on command to an official who has the right to make a decision on concluding a contract with the specified serviceman, at least six months before the expiration of the current contract.
Decisions on the conclusion of contracts with military personnel who have reached the age limit for military service, on the term of a new contract or on the refusal to conclude a contract are made:
a) for senior officers, as well as officers appointed to military positions for which the state provides for the military ranks of senior officers, by the President of the Russian Federation;
b) for colonels, captains of the 1st rank, as well as officers appointed to military positions for which the state provides for the military ranks of colonel, captain of the 1st rank - by the head of the federal executive body in which military service is provided;
c) for military personnel with a military rank up to lieutenant colonel, captain of the 2nd rank inclusive, - by officials who have the right to appoint these military personnel to their military positions.
4. If the relevant official decides to conclude a contract with a serviceman who has reached the age limit for military service and the term of its validity, the specified contract is signed by the commander (chief), who is granted the right to sign new contracts.
5. The decision to conclude a contract with a serviceman who has reached the age limit for military service is made taking into account his business qualities, as well as his state of health.
If necessary, the specified serviceman may be sent to undergo the IHC.
The conclusion of the VVK must be received by the official who has the right to decide on the conclusion of the contract, not less than four months before the end of the term of military service of the specified serviceman.
6. The head of the federal executive body, which provides for military service, has the right to determine the categories of specialists with whom contracts can be concluded when they reach the age limit for military service.
7. For a serviceman who is doing military service in the position of the head of a federal executive body in which military service is provided for, who has reached the age limit for military service and who wishes to continue military service, the term of military service may be extended by the President of the Russian Federation, but not more than age 65 years.
8. The age limit for the military personnel of the foreign intelligence agencies of the Russian Federation to be in military service is established by the head of an independent foreign intelligence agency of the Russian Federation or by the head of the federal executive body, the structure of which includes the foreign intelligence agency of the Russian Federation, in the manner determined by the President of the Russian Federation, but cannot be less than the age limit established by the commented Federal Law (Article 17 of the Federal Law "On Foreign Intelligence").
Decree of the President of the Russian Federation "Issues of military service" dated September 16, 1999 N 1237 determined that the director of the Foreign Intelligence Service of the Russian Federation, the heads of federal executive bodies, which include the foreign intelligence agencies of the Russian Federation, when establishing the age limit for staying on the military service of military personnel of these bodies should be guided by the Decree of the President of the Russian Federation "On the procedure for establishing the age limit for the military personnel of the foreign intelligence bodies of the Russian Federation" dated April 21, 1996 N 574 (p. 2).
Decree of the President of the Russian Federation of April 21, 1996 N 574 determined that the establishment of the age limit for military service for military personnel of the foreign intelligence agencies of the Russian Federation is carried out by extending the period of their stay in military service.
Foreign intelligence agencies include not only the Foreign Intelligence Service of the Russian Federation, but also intelligence agencies that are structurally part of a particular ministry or department (for example, intelligence agencies of the General Staff of the Armed Forces of the Russian Federation, etc.).
9. The right to make a decision on the extension of the period of stay in the military service of military personnel of the foreign intelligence agencies of the Russian Federation who have reached the age limit established by the commented Federal Law is granted:
- Minister of Defense of the Russian Federation;
- Director of the Foreign Intelligence Service of the Russian Federation;
- Director of the Federal Security Service of the Russian Federation.
10. Prolongation of the period of stay in military service by the relevant officials should be carried out taking into account the qualifications, business and moral qualities, and the state of health of the serviceman.
11. The decision to extend the term of military service is implemented by concluding with each of the servicemen who have reached the maximum term of military service, a contract for military service for a period of one year, three years or five years in the manner prescribed by departmental regulatory legal acts.
12. Letter No. а6-1082 of March 18, 2003, No. а6-1082, issued by the Main State Legal Department of the President of the Russian Federation "On the issue of concluding contracts for military service with servicemen who have reached the age limit for military service", provides the following clarifications.
The procedure for concluding a new contract with military personnel, including those with military ranks of senior officers, as well as those appointed to military positions for which the state provides for military ranks of senior officers, who have reached the age limit for military service and who have expressed a desire to continue military service, is determined by Art. 49 of the Federal Law "On military service and military service" and art. 10 of the Regulations on the procedure for military service, approved by Decree of the President of the Russian Federation "Issues of military service" of September 16, 1999 N 1237.
Decisions on the conclusion of contracts with senior officers, as well as officers appointed to military positions for which the state provides for the military ranks of senior officers who have reached the age limit for military service, on the term of a new contract or on the refusal to conclude a contract are made by the President of the Russian Federation.
The specified military personnel who have reached (reaching) the age limit for military service, for the conclusion of a new contract, submit a report on command with an appeal to the President of the Russian Federation on the decision to conclude a contract with them, at least six months before the expiration of the current contract.
If the President of the Russian Federation decides to conclude a contract with these military personnel and its validity period, the specified contract is signed by the commander (chief), who is granted the right to sign new contracts.
According to paragraph 1 of Art. 38 of the said Federal Law, the period of military service for servicemen undergoing military service under a contract is determined by the period specified in the contract for military service. In accordance with paragraph 3 of Art. 3 of the Regulations on the Procedure for Passing Military Service, the term of military service expires for military personnel serving under a contract on the corresponding month and day of the last year of the contract term, or on the corresponding day of the last month of the contract term, if the contract was concluded for a period of up to one year.
Based on this requirement, paragraph 7 of Art. 9 of the Regulations on the procedure for passing military service, it is determined that with a serviceman whose term of the previous contract ends, a new contract is concluded on the day following the day the term of the previous contract expires.
Thus, as a general rule, the report and materials on the conclusion of a new contract with the military must be received by the President of the Russian Federation in such a way that the conclusion of a new contract in accordance with the order of the President of the Russian Federation is carried out by the relevant official on the day following the expiration date of the previous contract .
However, in a number of cases, the order of the President of the Russian Federation on the conclusion of a contract with a serviceman who has reached the age limit for military service is issued later than the expiration of the term of the previous contract for this serviceman. In these cases, when concluding a new contract with a serviceman, it is necessary to be guided by paragraph 4 of Art. 32 of the Federal Law "On Military Duty and Military Service", in accordance with which the contract for military service terminates from the date the military serviceman concludes another contract for military service, the serviceman is excluded from the lists of the military unit, as well as in other cases established by federal laws.
Based on the provisions of paragraph 4 of Art. 32, Art. 49 of the Federal Law "On Conscription of Military Service" and Art. 10 of the Regulations on the Procedure for Passing Military Service, a contract with a serviceman in these cases should be concluded not from the date of expiration of the previous contract, but from the date of entry into force of the relevant order of the President of the Russian Federation.
Leadership positions involve high responsibility and are especially important for the formation of the army. Therefore, it is unacceptable for such duties to be the responsibility of a serviceman who is unable to perform them due to poor health or poor physical fitness. To control the timely departure of pensioners, the government introduced a law that provides for a maximum age for military service. Reasons for such a restriction The main reason that prompted the government to decide on the official introduction of restrictions was the physiological characteristics of the human body. The experience accumulated over the years, high theoretical training, combat tactics are the undeniable advantages of high ranks. However, old age takes away the strength and energy of the strongest warrior, and in fact poor physical shape is unacceptable for the defender of the Motherland.
Article 16.1. service in the federal security service
The firmness of character and perseverance that is inherent in every high-ranking military man is another reason for strictly limiting the age limit for military service. Not everyone is ready to leave their personnel, come to terms with age, recognize the inevitable old age.
If there were no law, the owners of shoulder straps would not leave their post in a timely manner. Age limit for military service In 2014, changes were made to the Federal Law on the Service of Contract Soldiers.
In accordance with the new rules, the achievement of the age limit for military service for senior ranks occurs at 65 years.
What is the age limit for military service?
Thus, in order to reveal the candidate's readiness for this kind of activity, his personality is subjected to comprehensive checks, which follow one after another for reasons of expediency. 1) First of all, a candidate for the position of an employee of the Federal Security Service of Russia is subjected to psychophysiological studies. Verification involves the study of the mental state of a person (the level of intellectual development, moral stability, conflict, adequacy, type of thinking, personal psychotype, etc.).
P.). The candidate also undergoes special tests that reveal the facts of the use of narcotic, toxic and alcoholic substances. A medical check includes an analysis of the general condition of the body and its suitability for service in the ranks of the FSB of the Russian Federation.
The legal status of employees of the bodies of the FSB of Russia
We will talk about the age threshold for staying in military positions in this review. The legal framework that determines the age limit for service in the army Age restrictions in the armed forces Renewal of the contract with an age-related soldier Subscribe to our channel in Yandex.Zen! Subscribe to the channel The legal framework that determines the age limit for service in the army Features of serving in the country's troops are regulated by the law "On military duty and military service" dated March 28, 1998 No. 53-FZ.
Art.
Putin set the maximum age for service in the FSB
These include:
- marshal of the Russian Federation;
- admiral;
- general;
- colonel general.
Representatives of middle management ranks can hold their position up to 60 years:
- lieutenant general;
- major general;
- vice admiral;
- rear admiral.
Colonels, as well as captains of the first rank, have the right to remain in the service up to 55 years, military personnel of other military ranks - only up to 50 years. For contractors who serve in the bodies, other age restrictions may be assigned.
Changes in military legislation Prior to the entry into force of amendments to the Federal Law concerning military service, the age limit was lower by five years, that is, the highest ranks could not hold office after reaching the age of sixty. However, the changes did not affect all the defenders of the Motherland.
Putin signed the law on the age limit for serving in the FSB
The procedure for maintaining and storing the personal files of servicemen and civilian personnel of the federal security service bodies is determined by the head of the federal executive body in the field of security and must not contradict the legislation of the Russian Federation. (Part seven was introduced by Federal Law No. 468-FZ of December 30, 2015) For servicemen of the federal security service, the age limit for military service is set for: a) army general, fleet admiral, colonel general, admiral - 60 years; b) lieutenant general, vice admiral, major general, rear admiral - 55 years; c) colonel, captain of the 1st rank, lieutenant colonel, captain of the 2nd rank, major, captain of the 3rd rank - 50 years; d) military personnel with a different military rank - 45 years; e) female military personnel - 45 years. (Part as amended by Federal Law No. 159-FZ of June 23, 2014) (see
Service under the contract in the FSB. regulatory requirements, salary
Also amended the law "On military duty and military service", establishing that the first contract for military service is with a soldier who is doing military service by conscription, or a citizen who enters military service in a military position for which the state provides a military rank soldier, sailor, foreman, for two years or for three years at the choice of a citizen (currently only for three years). “These changes are aimed at increasing the attractiveness of military service under a contract for citizens undergoing military service by conscription, in particular, they are given the opportunity to choose whether to undergo one year of military service by conscription or two years of military service under a contract,” the press release says. Kremlin services.
Contracted military personnel (except for conscripted military personnel), as well as federal state civil servants and employees appointed to the positions of military personnel, are employees of the FSB of Russia State civil servants and employees of the FSB of Russia are referred to as "persons of civilian personnel." An employee of the FSB of Russia may be a citizen of the Russian Federation: - without citizenship (nationality) foreign state; - capable in his personal and professional qualities, age, education and state of health to fulfill the duties assigned to him: - corresponding to the qualification requirements for professional knowledge and skills necessary for the performance of official duties, which are established for each specific position by the director of the FSB of Russia (Article 16 of the Law on the FSB; order of the FSB of Russia dated April 5, 2010 No.
The maximum age of service in the bodies of the FSB of Russia
It, along with the SVR, FSO, FSTEC and the Special Objects Service, belongs to the state security forces. This means that the Federal Security Service is empowered to carry out preliminary investigation, operational-search activities, inquiry, intelligence activities and the search for individuals.
It should be noted that the FSB is directly subordinate to the President of the Russian Federation, which leads to significant freedom of the department in the process of implementing its functions. Service in the FSB Today, service in the FSB is the most popular area where thousands of citizens want to work. But the problem is that it is more difficult to get a place in this body than, for example, in the police.
Is there an increase in the age limit for military service?
This is due to several main factors: - First, a person must have a specific temperament. Have special business and moral qualities, given the specifics of the work of the FSB.
Areas of activity It should be noted that the contract service in the FSB of Russia has several main areas, namely: - Combating organized crime. - The fight against terrorism. - Intelligence activities. - Border activities. - Activities aimed at ensuring information security. These directions are basic. It is in their sphere that the FSB realizes its functions.
Counterintelligence activities One of the main areas of work of the Federal Security Service is counterintelligence. This activity has been developing for many years on the basis of methods and experience gained from the once existing KGB. The effectiveness of this branch of the FSB is the demonstrative detention and subsequent disclosure of a CIA agent who operated on the territory of Russia - Ryan Fogle.
Article 49
What is the age limit for military service?
Age limit for military service
ConsultantPlus: note.
On the dismissal of military personnel who have reached the age limit for military service, see Article 2 of Federal Law No. 64-FZ of April 2, 2014.
1. The age limit for military service is established for:
Marshal of the Russian Federation, General of the Army, Admiral of the Fleet, Colonel General, Admiral - 65 years;
lieutenant general, vice admiral, major general, rear admiral - 60 years;
colonel, captain of the 1st rank - 55 years;
a serviceman with a different military rank - 50 years.
(Clause 1 as amended by Federal Law No. 64-FZ of April 2, 2014)
(see text in previous)
2. For female military personnel, the age limit for military service is set at 45 years.
2.1. For servicemen undergoing military service in the bodies, other federal laws may establish a stay in military service other than that provided for by this article. The provisions on the age limit for military service contained in such federal laws shall apply in the cases provided for by this Federal Law, with the exception of the provisions of paragraphs 1 and 2 of this Article, as well as in other cases established by federal laws and other regulatory legal acts of the Russian Federation.
(Clause 2.1 was introduced by Federal Law No. 159-FZ of June 23, 2014)
ConsultantPlus: note.
Servicemen who have reached the age limit for military service and who have entered into a new contract for military service in accordance with paragraph 3 of Article 49 of this document before the date of entry into force of the Federal Law of 02.04.2014 N 64-FZ, have the right to retire from military service due to age - upon reaching the age limit for military service established by this document in the version that was in force until the date of entry into force of the Federal Law of 04/02/2014 N 64-FZ (Part 3 of Article 2 of the Federal Law of 04/02/2014 N 64-FZ).
3. With military personnel who have reached the age limit for military service, a new contract for military service may be concluded in the manner determined by the Regulations on the procedure for military service:
having the military rank of Marshal of the Russian Federation, General of the Army, Admiral of the Fleet, Colonel General, Admiral - until they reach the age of 70;
having a different military rank - until they reach the age of 65 years.
(Clause 3 as amended by Federal Law No. 64-FZ of April 2, 2014)
(see text in previous)
Article 16.1. Service in the Federal Security Service
(Introduced by Federal Law No. 280-FZ of December 25, 2008)
Employees of federal security service organs are guided in their official activities by federal laws and cannot be bound by the decisions of political parties, public associations and other organizations.
Servicemen of the federal security service bodies shall perform military service in accordance with the legislation of the Russian Federation on the performance of military service, taking into account the specifics established by this Federal Law, due to the specifics of the duties they perform. When exercising operational and service activities, employees of federal security service bodies are subordinate only to their immediate and direct superior. Upon receipt of an order or instruction that is contrary to federal law, an employee of federal security service organs must be guided by federal law.
Employees of federal security service bodies in their official activities must comply with the code of ethics and official conduct of employees of federal security service bodies, approved by the head of the federal executive body in the field of security. For violation of the provisions of this code, employees of federal security service bodies shall be liable in accordance with the legislation of the Russian Federation.
(Part three was introduced by Federal Law No. 241-FZ of July 18, 2011)
The number of servicemen and civilian personnel of federal security service organs is established by the President of the Russian Federation.
The powers of officials of the federal security service to approve official regulations, apply incentives and disciplinary sanctions in relation to military personnel subordinate to them, as well as to confer military ranks, appoint and dismiss military personnel (with the exception of military personnel replacing the positions of senior officers) are established by the head of the federal executive body in the field of security.
Model official regulations for military positions are approved by the head of the federal executive body in the field of security.
(Part six was introduced by Federal Law No. 468-FZ of December 30, 2015)
Personal files are drawn up for servicemen and civilian personnel of federal security service organs. The procedure for maintaining and storing the personal files of servicemen and civilian personnel of the federal security service bodies is determined by the head of the federal executive body in the field of security and must not contradict the legislation of the Russian Federation.
(Part seven was introduced by Federal Law No. 468-FZ of December 30, 2015)
For servicemen of federal security service bodies, the maximum age for military service is established for:
a) army general, fleet admiral, colonel general, admiral - 60 years;
b) lieutenant general, vice admiral, major general, rear admiral - 55 years;
c) colonel, captain of the 1st rank, lieutenant colonel, captain of the 2nd rank, major, captain of the 3rd rank - 50 years;
d) military personnel with a different military rank - 45 years;
e) female military personnel - 45 years.
(see text in previous)
Military personnel and civilian personnel of federal security service organs are prohibited from taking part in the management of organizations on their own or through authorized persons (with the exception of participation in the management of a non-profit organization on a gratuitous basis, if this is due to the solution of tasks of operational and service activities, or participation in a general meeting of members of a non-profit organization) engage in entrepreneurial activities, as well as assist individuals and legal entities in the implementation of such activities. Employees of federal security service bodies are prohibited from combining military service in federal security service bodies (federal state civil service or work in federal security service bodies) with other paid activities, except for scientific, teaching and other creative activity, with the exception of cases when it is provided for by the legislation of the Russian Federation and (or) is necessary to solve the tasks of operational and official activities.
(as amended by Federal Law No. 241-FZ of July 18, 2011)
(see text in previous)
Military personnel and civilian personnel of federal security service bodies may receive awards, honorary and other titles of political parties, public associations and other organizations in the manner determined by the head of the federal executive body in the field of security.
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Age limit for military service
The profession of a military man today is quite popular among the citizens of Russia, as it provides a number of advantages.
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The current legislation quite strictly regulates the duties of people who have taken up service in the armed forces, and, in particular, determines the maximum age at which a person can hold certain positions.
For this reason, many are interested in what the current age limit for military service is.
Important Points
The list of benefits provided to him will directly depend on how long a person serves in the armed forces:
- in accordance with in the future, the amount of the citizen's salary is determined, that is, the longer he devotes himself to the defense of the homeland, the higher his wages will be;
- certain titles can only be obtained after the person has reached the appropriate age;
- if a person has spent most of his years serving in the army, he receives a good pension.
All issues affecting the age limits established for military personnel are spelled out in Article 49 of Federal Law No. 53. In particular, it says when exactly a serviceman has the right to take a well-deserved rest and start receiving pension payments due to him from the state.
Such restrictions apply not only to the rank and file of the army, but also to leaders who are engaged in scientific or political work. Moreover, in accordance with the current legislation, upon reaching a certain age, a person is obliged to retire, that is, his management cannot make any other decision than dismissal.
The law, according to which military duty and the procedure for serving the homeland, is regulated, was adopted simultaneously with the military legislation, and, in particular, it was determined that the time frame is one of the most important factors in the formation of the army.
It is no secret that the military must always be in good physical condition and be in good health, but in practice, with the passage of age, all these qualities deteriorate significantly, which makes normal performance of duties impossible in principle.
Many declining contractors earn the rank of colonel or even general by holding various leadership positions with great responsibility, and therefore it is simply impossible to allow such a great responsibility to fall on an employee who is unable to fulfill them due to poor health. It was in order to regulate the transition of people to retirement that a decision was made to introduce a new law that would establish the age limit at which a person can be in military service.
What the law says
As mentioned above, the maximum age at which a person can be in military service is prescribed in Article 49 of Federal Law No. 53, which was adopted on March 28, 1998.
In addition, various legal norms that establish restrictions on the presence of various citizens in the armed forces are also present in Regulation No. 1237, adopted on September 16, 1999, which regulates the procedure for military service.
This provision, among other things, coordinates various issues related to the execution of contracts with citizens who wish to become military personnel, and, in particular, it indicates the various nuances of signing such agreements with those persons whose age is close to the limit.
Last changes
Before the latest amendments to the current legislation were made, military personnel left their positions five years earlier, that is, the highest ranks had to leave already at the age of 60 years.
The adjustments made did not affect all military personnel, and, for example, persons performing their duties in the Foreign Intelligence Service or the FSB must leave the post at the age of 45.
However, this rule has been in effect for a rather long period of time, in connection with which a possible raising of this bar to 50 years is already being discussed. In all other cases, the maximum allowable age for military service has not undergone any changes.
In practice, changes made to the law governing the military performance of these persons' duties are based on insufficiently accurate representations of military service.
Previously, the average parameters for men were significantly lower compared to those that are present today, which was achieved thanks to the development of medicine, and therefore it can hardly be said that the commander, after reaching the age of 50, will no longer be able to perform high-quality obligations assumed.
In this case, we also take into account the fact that older military men are distinguished by rich experience and a huge store of knowledge related to the competent organization of military service. Experienced employees correctly perform their duties, and can also qualitatively prepare a new generation, which will then defend their homeland.
Reasons for the restriction
The key reason why the decision was made to introduce age restrictions lies precisely in the physiological characteristics of a person.
Of course, good theoretical training, extensive experience, as well as a thorough knowledge of the tactics of warfare are undoubted advantages for any military man, however, with the onset of old age, a person retains less and less strength and energy, and for a military man, sufficient physical training is mandatory.
If this law had not been introduced, military personnel could not retire for a long time, which would have resulted in a number of serious problems.
age limit
In accordance with the current legislation, the age until which a citizen can hold his position in the armed forces directly depends on his rank.
In 2014, the age limit up to which a person could perform military duties was increased by five years for all personnel, and this affected not only the fleet and the army, but also employees who work in other law enforcement agencies or are in reserve.
Thus, now the maximum allowable age for military service is as follows:
Considering that in practice, in the vast majority of cases, military personnel are not in a great hurry to retire, and instead prefer to simply increase their own service life, persons holding one of the positions in the senior officer corps are currently in the best position . At the same time, certain problems will undoubtedly affect representatives of the lower ranks of officers, soldiers and sergeants, since they should lose their shoulder straps after they turn 50 years old.
Officers who do not want to continue their military career and decide to turn off this path even before they reach the maximum allowable age for service, will in no way feel the above changes in the current legislation, since today, in the same way as before, it will be possible to retire before the specified age if there are good reasons for doing so.
The increase in the maximum allowable age also affected citizens who are in reserve. Now, if such a need arises, ensigns and privates can be called back for military service until they turn 35, 45 or 50 years old, depending on what kind of military specialty they have. At the same time, junior reserve officers may be called up to 50, 55 and 60 years of age.
Reserve lieutenant colonels, majors, as well as captains of the 2nd or 3rd rank can be called up to 55, 60 and 65 years old, depending on what rank they have. Colonels and captains of the 1st rank are called up to 60 and 65 years, while senior officers can serve up to 65 and 70 years.
Will there be an increase
During the direct line in 2017, the president was asked if there were plans to increase the age limit for military service. The head of state specified that in the near future a positive decision could be made regarding the officers, but at the same time, all the advantages and disadvantages of such a decision should be taken into account.
Putin also stressed that, regardless of the circumstances, no one will review the term of service of citizens who have come into the armed forces or by conscription, but with regard to officers, possible solutions will need to be considered, since the overwhelming majority of them want to stay in the service longer than the prescribed period.
Whether any organizational conclusions have been made in the Ministry of Defense is currently unknown, that is, it is quite possible that in the future, in principle, there will be no action in this direction.
Features for women
Representatives of the weak field today are given the opportunity to seriously compete with men in almost any military specialty. From the point of view of the current legislation, every woman is a full-fledged subject of military affairs, in connection with which they are granted the same rights as male contract soldiers.
The only exception in this case is any family circumstances related to the birth or upbringing of a child, as well as the performance of work in conditions of increased risk or heavy physical exertion.
Also, in practice, despite the declared absence of any discrimination based on gender, the current legislation provides for another fairly significant difference - the maximum age at which women can perform military duties.
Article 49.2 of the Federal Law, which regulates military service, states that the fairer sex can serve up to 45 years, while the new amendment does not include any rules on increasing age limits, in connection with which the former law continues to be unchanged.
What to do when you reach
As mentioned above, if a person has reached the maximum allowable age provided for the performance of military duties, this does not mean that he must be dismissed from his position without fail. If he declares that he is ready to serve further, they can re-issue a contract with him.
The specified law does not mention the mandatory need for the complete dismissal of a citizen after he reaches the required age. In the event that a person is ready to continue to carry out his official duties, the manager has the right to reissue a contract with him for a period of one to ten years.
In this case, the resolution on the execution of a new contract, as well as the duration of its validity, must be drawn up by the following persons:
- the supreme commander-in-chief (president), when it comes to extending the contract for senior officers and persons who are equated to them;
- the leadership of the federal executive body of the area in which the serviceman will perform his duties, if we are talking about captains of the 1st rank, colonels or those positions that are equal in their rights to the indicated ranks;
- officials with the appropriate authority to appoint military personnel to their positions, if the person had the rank of captain of the 2nd rank, lieutenant colonel or lower.
To adopt a positive resolution in order to issue an updated contract, it is not enough just the desire of the serviceman himself to continue fulfilling his duties.
In this case, authorized persons must accept not only the practical qualities of this employee, but also his state of health, in connection with which a decision can be made to send a person for additional certification by a military medical commission.
The physicians' opinion of the individual must ultimately be the basis for the authorized decision maker to sign the contract at least four months before the end of the citizen's term of office.
Pensions
If a soldier has been in his position for more than 20 years, the pension payments due to him will correspond to half of the income that he had during his service. This also applies to those citizens who have a total experience of more than 25 years, if more than half of this period they served in the Ministry of Internal Affairs or in the military sphere.
If the service life of a person is more than twenty years, then for each subsequent year an additional 3% of the specified amount will be charged. If the experience is mixed - only 1%.
The pension payments themselves will include several elements, such as:
- official salary;
- salary assigned by rank;
- increments accrued for length of service;
- index payments;
- compensation.
Monetary allowance does not provide for the inclusion of allowances due for service in any remote areas, highlands or special conditions. The current legislation establishes that this amount cannot be less than 100% of the main part of the pension due upon reaching the appropriate age.
Baselines are set by certain regulations and government directives. Even if the length of service has been fully worked out, the soldier has the right to receive an old-age pension.
Members of the military are entitled to receive old-age and service pensions. Authorized employees of the Pension Fund, in the process of calculating the amount of the allowance due upon reaching the required age, do not take into account the time of work that a person spent in military service.
If it took place under special conditions, a preferential option for calculating pension payments will be used, and, for example, if a person took a direct part in hostilities, every month he will be calculated for three. This also applies to service in the North Caucasus.
The current legislation provides for a number of other situations in which the accrual of pensions is carried out according to special rules. Benefits are available to all citizens who performed their duties in an unfavorable climate (for example, in the Far North), in connection with which each serviceman often has a unique pension amount that differs from others.
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