IF THE SOLDIER IS A FATHER

I am a conscript soldier. I am married and have a child. Served a year. I heard that^ that married soldiers are entitled to quarterly leave from three to five days on the basis of the order of the Minister of Defense of the Russian Federation.

Please tell us more about it.

Private Arkady CHERNY, Akhtubinsk, Astrakhan region

11 of the Federal Law of the Russian Federation "On the Status of Military Personnel" No. 76-FZ of May 27, 1998 regulates the procedure and terms for granting military personnel leave (including military personnel undergoing conscription). In particular, clause 10 of Article 11 regulates the procedure for granting military personnel leave for personal reasons.

However, the right to those "types" of leave that you ask about is not granted to military personnel.

In your situation, it is advisable to do the following::

- "first, in accordance with clause 4 of Article 51 of the Federal Law of the Russian Federation "On Military Duty and Military Service" No. 53-FZ of March 28, 1998, as a serviceman who does not have an officer rank and is undergoing military service on conscription, you have the right to early dismissal from military service on the grounds provided for by the Federal Law "On Military Duty and Military Service". sub-clause "d" of clause 1 of Article 24 of the said Law, since, obviously, you have a child under the age of three;

- secondly, in accordance with the procedure established by the general military regulations, you have the right to apply to the commander of the unit where you are serving on command with a report on early dismissal from military service on the above-mentioned grounds;

- third, if the command in response to your report decides to refuse to satisfy it, you can appeal this decision both to the higher command and directly through the military court.

It remains to add that, as a rule, in order to make the right decision on such appeals of conscripts on behalf of the commander of a military unit, a request is sent to the military commissar at the place of residence of the serviceman (his family) to check the housing conditions, financial situation of the person who applied with the report, etc. A decision is made based on the received data.

THE PRESUMPTION OF INNOCENCE ALSO APPLIES TO CADETS

I'm the course's financier. I was robbed of public money that was collected for TV. My classmates believe me, but the deputy head of the faculty believes that I took them, or I know who took them, and I want to share the money with an accomplice. What should I do and how can I prove my case?

Sergeant Alexander MISHCHENKO, Moscow

One of the most important principles of the criminal and criminal procedure legislation of Russia is the principle of "presumption of innocence", the literal meaning of which is contained in the text contained in Article 49 of the Constitution of the Russian Federation:

"1. Everyone accused of committing a crime is considered innocent until his guilt is proved in accordance with the procedure provided for by federal law and established by a court verdict that has entered into force.

2. The accused is not obliged to prove his innocence.

3. Irremediable doubts about a person's guilt are interpreted in favor of the accused."

However, it is better not to bring the case to the application of these provisions of the Constitution, since in most cases these formulations are "used" when a criminal case is initiated against a particular person.

First of all, it is necessary to answer the question about the legality of appointing a cadet as a financially responsible person - the treasurer or financier of the course. The procedure for the movement of funds in military collectives and their storage is regulated, in particular, by Order of the Minister of Defense of the USSR No. 80 ("Regulations on the financial economy of a military unit" of 1973). This and some regulatory acts of the Ministry of Defense of the Russian Federation provide for a clear system of financial and economic bodies that are required to control the flow of funds.

The term "financier" of the course that you use in relation to yourself in the letter is not applicable, since such an official does not exist in the Armed Forces of the Russian Federation (and in the higher education system).

Currently, the Armed Forces of the Russian Federation are in effect by Order of the Minister of Defense of the USSR No. 85 of 1984, which announced for the leadership the Provision on Material Liability of Military Personnel for Damage caused to the state (approved by the decree of the Presidium of the Armed Forces of the USSR of 13.01.1984). According to this normative act, an administrative investigation should be conducted on the fact of theft, the result of which, if the serviceman is found guilty it must be declared by an order to bring the guilty person to financial responsibility. The order is announced to the serviceman against receipt and serves as the basis for subsequent deductions from his monetary allowance.

However, you have the right to appeal against the order of bringing to financial responsibility by contacting the head of your educational institution, the Moscow City Military Prosecutor, or directly to the military court.

THE HEAD OF THE CEC IS RIGHT

The housing commission and the unit commander assigned me a 2-room apartment for a family of three. However, the head of the KECH district prevents me from settling in it due to the fact that my wife and son are registered on the living space of my wife's mother in the Moscow region. Does he have the right to do this, and in general, what are his powers when allocating housing to military personnel? I've been in the Armed Forces since 1985. Appointed by the order of the Minister of Defense. Apartment-free.

Major Anatoly Gurin. Vatutinki settlement, Moscow region

In this case, the actions of the head of the KEC of the district, which prevents you from settling in the residential premises allocated by the housing commission, should be recognized as legitimate, since in accordance with the Order of the Minister of Defense of the USSR No. 285 "On measures for further provision of living space in the Soviet Army and Navy" of 1975, one of the conditions to issue you a warrant for moving into this residential premises, it is necessary for the military personnel to submit documents for all members of their family (which were taken into account when allocating this residential premises), confirming that they do not have a residence permit (registration) at other addresses.

Permanent link to this publication: