Eviction of a serviceman upon dismissal for health reasons

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People are interested in what payments a serviceman is entitled to upon dismissal. There are many reasons why a service member may resign and leave the armed forces. It is clear that we are not talking about conscripts. The list of payments due in this case has not been revised or changed for a long time.

Expert opinion 1 - What severance payments are due to military personnel?

When leaving the military, a former military man is assigned several types of benefits.
Payments to military personnel upon dismissal are determined by relevant regulations. All payments upon dismissal are one-time. First of all, this is a one-time benefit, which is paid in accordance with the document on the monetary allowance of military personnel. A military contractor has the right to material payments, the amount of which is determined by the duration of service, according to age. For example, if a serviceman has served under a contract for less than 20 years, he will be paid 2 average salaries at a time. If the length of service exceeds 20 years, then the payment is already 7 salaries. If a serviceman has awards of the Soviet Union and Russia, honorary titles, another one is added to the basic payments - equal to the maximum level of 1 salary.

Conscripts upon leaving military service are entitled to a one-time allowance, but its size, according to the resolution, should not be more than 2 salaries in accordance with the salary required for the military specialty. An obstacle to receiving monetary payments to a conscript soldier may be a court verdict according to which the former soldier must be taken into custody because of a crime he has committed. For military personnel undergoing training in specialized educational institutions, the reason for deprivation of one-time payments may be expulsion from the university due to a serious violation of military discipline, as well as for poor academic performance and unwillingness to undergo further training.

An exception is made for discharged conscripts who are orphans. They are also paid; the one-time benefit increases from 2 salaries to 5, in accordance with their military specialty.

For contract soldiers retiring to the reserves, the legislation considers situations where they may be deprived of monetary allowance in the event of leaving military service:

If a retiring serviceman is stripped of his rank for any reason.
If a serviceman is deprived of his liberty by a court sentence.
If an officer or private is deprived of liberty on probation by a court decision:
as a result of a crime committed through negligence.
If he is prohibited from holding military positions for a certain period of time. Military personnel dismissed for this reason will be denied benefits.
When transferring a military man to work in other structures close to the army, such as the Department of Internal Affairs, customs, etc.
Violation of the contract is grounds for deprivation of monetary payments.
If the military man was deprived of access to state secrets.
If a person was expelled from a military educational institution due to poor academic performance, violations of discipline and constant absences.
If a serviceman was unable to pass the tests assigned to him.
If during his service he repeatedly violated the established prohibitions and restrictions that were imposed on him during his service in accordance with his military status.
If his behavior did not correspond to the status of a military man.
If he has completely lost confidence, in accordance with the points provided for by law.

How can a former military man avoid eviction from official housing?

Expiration of the statute of limitations

Relations regarding the rental of official residential premises are of a contractual nature, which means that the statute of limitations periods provided for by the Civil Code of the Russian Federation apply to controversial housing relations. At the same time, to controversial housing relations, one of the grounds for which is an agreement (for example, a social tenancy agreement for residential premises, a rental agreement for specialized residential premises, a sublease agreement for residential premises, an agreement for the occupancy and use of residential premises for a family member of the owner of the residential premises and others), A general three-year statute of limitations applies

In practice, this means the following: if more than three years have passed since the serviceman lost the right to use residential premises (for example, upon dismissal of the serviceman), then the statute of limitations for filing a claim for eviction has expired.

Attention! When considering a case through a claim proceeding, a violation of the statute of limitations does not in itself oblige the court to apply it and make a decision to reject the claim. To do this, the defendant must declare that the statute of limitations has passed , and it is best to do this in writing.

Application of the so-called “Introductory” legislation and the “old” Housing Code of the RSFSR.”

In accordance with the law on the enactment of the Housing Code of the Russian Federation (the so-called “introductory” law), the provisions of the Housing Code of the RSFSR, which were in force at the time the controversial relationship arose, are applied to housing legal relations that arose before March 1, 2005.

In accordance with the Housing Code of the RSFSR of 1983, the following cannot be evicted without the provision of other residential premises:

1) disabled war veterans and other disabled military personnel who became disabled as a result of a wound, concussion or injury received while defending the USSR or while performing other military service duties, or as a result of a disease associated with being at the front;

2) participants of the Great Patriotic War who were part of the active army;

3) families of military personnel and partisans who died or went missing while defending the USSR or while performing other military service duties;

4) families of military personnel;

5) disabled people from among the rank and file and commanding officers of the bodies of the Ministry of Internal Affairs of the USSR who became disabled as a result of injury, concussion or injury received in the performance of official duties;

6) persons who have worked at an enterprise, institution, or organization that provided them with official residential premises for at least ten years;

7) persons released from a position in connection with which they were provided with residential premises, but who have not terminated their employment relationship with the enterprise, institution, organization that provided this premises;

persons dismissed due to the liquidation of an enterprise, institution, organization or due to a reduction in the number or staff of employees;

9) old age pensioners, personal pensioners;

10) family members of a deceased employee who was provided with official residential premises;

11) disabled laborers of groups I and II, disabled people of groups I and II from among military personnel and persons equivalent to them;

12) single persons with minor children living with them.

In practice: if on March 1, 2005 you had one of the grounds specified in Article 108 of the RSFSR Housing Code, which does not allow you to be evicted from your official housing, then this must be declared in court, very preferably in the form of a written objection to the statement of claim.

Attention! Military courts cannot consider claims for the eviction of former military personnel; this is the jurisdiction of “civilian” district courts.

Clarification of the status of the residential premises - is it really a business premises?

If none of the above methods to avoid eviction apply to your situation, then your last hope may be to find out whether the residential premises were, in fact, legally classified as business premises.

This issue is the subject of my consultation “How to determine the status of an apartment: official or under a social tenancy agreement?”, published in the “Military Lawyer” Group on social networks. You can choose your favorite social network and read this consultation there:

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And, if you like the Military Lawyer group, don’t forget to sign up! Updates there every day: free legal advice, judicial practice for the military, interesting articles about military equipment, news of military legislation, and on weekends - army jokes and humor, military songs and other entertainment.

Warning: And just don’t think that if, for example, the statute of limitations has expired, then you can relax and calmly wait for the court’s decision to reject the claim

It should be noted that employment relationships have many specific aspects and extensive judicial practice. Not only can lawyers and legal experts make mistakes on this topic, but courts often issue rulings that misapply or misinterpret substantive law. In addition, judicial practice tends to change (while legislation remains unchanged, which is hardly worthy of a rule of law state). Therefore, when litigation arises regarding eviction from a service apartment, to protect your interests, you should first of all find a lawyer who successfully works in military housing cases.

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How is length of service taken into account when dismissing?

When deciding on the amount of benefits, length of service is calculated in the same manner and in accordance with the same rules by which pensions are calculated and length of service is determined.
Moreover, length of service should not be rounded either upward or downward. If a serviceman, after being discharged from the Armed Forces, then returns to service again, and then after some period of time is discharged again, benefits are calculated in accordance with the total length of service that exists on the day of the current discharge.

All benefits for military personnel leaving the army and moving to specialties that are in no way related to military service are assigned in accordance with the salary due to a military employee in his staffing position.

Writing a report

There are no clear instructions from the legislation for writing a report, so you can write it in free form. It is usually written by hand and includes the following:

Full name in whose name the report is drawn up (generally, the report is written to the head of the unit);
Data of the serviceman who compiled the report (full name, date of birth, planned date of dismissal);
The reason for dismissal, as well as documents confirming this reason (information about the certificate or conclusion of the medical examination and the indication of the medical institution that issued this certificate);
Links to legislative acts.

In addition, the report can indicate the commissariat to which the serviceman’s personal file will be transferred after dismissal. As well as information such as living space or a certificate for obtaining a mortgage loan, as well as the consent of the dismissed person to pay for length of service.

Important! If the dismissal report is drawn up by a contract serviceman, then the contract number must be indicated in it.

How are bonuses paid for excellent service?

The next type of payment upon dismissal is the payment of bonuses for impeccable service.
This bonus is paid taking into account the last day of service preceding removal from the lists of the military unit. The amount of the bonus is calculated in accordance with the serviceman’s position and his monthly salary. If before his departure from service he performed the duties of a higher-ranking official, then the bonus is awarded to him based on the salary required for this staffing unit, starting from the 1st day of the month for which the bonus is awarded. The order to assign a bonus is issued by the unit commander in accordance with the law.

For a contract employee, the bonus should be set at 25% of the monthly salary. Cadets and students of military educational institutions are awarded a prize based on the results of an assessment of their knowledge and passed sessions. If you have the highest scores, the bonus can reach 25% of your monthly salary. For those who have excellent grades based on the results of the session, the bonus amount is slightly reduced and is already 15% of the salary. Those who have satisfactory grades are also given a bonus, but in the amount of 5% of the monthly salary.

It takes into account how the military man coped with his duties during the month for which the bonus is paid. If bonuses are paid only for part of the month, then the amount of payments is calculated in accordance with the days actually worked and based on the required salary.

The law provides for both the assignment of bonuses and situations when they are not paid. First of all, monetary rewards will be denied to military personnel who receive bonuses in a certain order for special merits during their service. If a military man served outside the state, then the cash benefit is accrued to him in foreign currency, not rubles. Compensation upon dismissal from military service is not paid to military personnel for the period when they were at the direct disposal of their commanders, but not if they were officially temporarily performing their duties.

Financial assistance to military personnel upon leaving service

3rd type of payment - financial assistance. Its amount for the year should not be less than the average monthly salary. The amount of financial assistance, as well as the size of the bonus, is calculated based on the salary and military rank of the employee. If a military man has not received financial assistance for the entire year, an extract about this should be attached to his personal file.

Many military personnel are concerned about their fate after the end of their service. First of all, they are concerned with the question: if I quit, will I be left without a livelihood until I find a new job? Therefore, the state has determined financial assistance upon dismissal, allowing such a person to painlessly integrate into civilian life.

What categories of military personnel are entitled to payments upon dismissal?

The government of the country decided to clarify the reasons why a person can voluntarily resign from the army. This was necessary in order to make compensation payments to military personnel upon dismissal. Among the factors why employees leave the army are often:

The end of the term of an agreement/contract signed for a certain period.
Retirement or retirement age.
Deterioration of health.
Administrative and disciplinary punishment.
Self-care

A military man who has distinguished himself by high results during his service and performance of functional duties has the right to payments upon dismissal. Receipt of high ranks, insignia, and state awards is taken into account. Such financial support is established in order to support ordinary soldiers, members of their families, and senior command staff to receive benefits for children.

Dismissal procedure. Report. Nuances of office work

Military personnel are a special category of citizens. The procedure for dismissing military personnel for health reasons has some distinctive features. When deciding whether to retire early, the following points must be taken into account.

Visit the military medical commission. The employee is required to undergo a medical examination, on the basis of which a decision is made about the impossibility of further service.

IMPORTANT! The list of diseases for recognizing the degree of fitness of persons serving in the RF Armed Forces changes annually and is approved by the Ministry of Defense of the Russian Federation.

Dialogue with senior management. After receiving a positive conclusion from the Military Military Commission, the person liable for military service submits a report of dismissal addressed to the unit commander.

A report on dismissal for health reasons of a serviceman does not have an officially approved form, but must contain the following information:

personal data (full name, military rank, position held by the military man at the time of application, information about the number and date of the contract);
reason forcing premature retirement (deterioration of health);
a register of documents confirming the circumstances of the inability to continue serving (medical reports, decision of the Military Military Commission);
place of residence where the retiree plans to stay;
the name of the commissariat in which they will be registered with the military after the transition to retirement.

A sample report might look like this:

The conversation is recorded and filed in a personal file. The report and conclusion of the IHC are also included there.

Publication of the commission order. Based on the results of a conversation with the commander-in-chief and based on the assigned fitness level, a military man can decide to retire or move to a position that suits his well-being. A recorded conversation with management is the basis for issuing an order to dismiss a fighter. The personnel department is obliged to familiarize the dismissed person with the order within a month against signature. The signed document becomes the basis for calculating all compensation payments to military personnel upon dismissal for health reasons, which are due by law.
A work book is drawn up, where a corresponding entry is made about the reason for termination of the contract due to deterioration of health and recognition of the military person as unfit or partially fit. The commissionee receives the documents in hand on the last day of service.
In the case when the decision to decommission to the reserve comes from the leadership, and not on the initiative of the soldier, filing a report is not required. Otherwise, the dismissal procedure is similar.
The dismissal process ends with the transfer of the personal file to the commissariat to which the military man is assigned. There it is registered and archived.

IMPORTANT! The entry in the work book “Dismissed for health reasons” serves as a guarantor for the accrual of social subsidies.

Payments to a military personnel upon dismissal

Federal laws clearly define what payments a serviceman is entitled to upon dismissal, their amount and timing. This can be one-time assistance or benefits, bonuses and financial assistance.

How are lump sum benefits paid? The categories of military personnel who are entitled to such payments include:

Contract employees.
Dismissed to the reserve.
Military retirement age.

Upon dismissal from military service, payment of monetary compensation is provided for citizens who served in military service on a contract basis.
All contract workers are entitled to a one-time benefit, which takes into account:

The amount of salary that a soldier received during his entire service.
Duration of stay in the armed forces.
Availability of titles.
Position held.

The amount of payments depends on length of military service and rank.

At the end of the contract, which was signed for 20 years or more, the amount of compensation increases. The amount of a one-time benefit for a military personnel will be equal to 7 monthly salaries.

Help is not provided in the following cases:

Deviation from military regulations or federal law.
Loss of awards and military ranks due to misconduct.
Expulsion from specialized educational institutions that train military cadets.
Failure to comply with the terms of the contract.
Failure to complete the testing period, as provided for in the terms of the contract.
Obtaining illegal access to information of national importance.
Receiving a bribe.

There is no provision for benefits for those dismissed who are transferred to work in the structures of the internal affairs bodies, customs, fire and security services.
Payment of benefits is not accrued, since military personnel receive severance pay based on their total length of service. Additional compensation is received by military personnel who received awards of state significance while serving in the army of the USSR, and after its collapse transferred to the armed forces of the Russian Federation.

The amount of the benefit is equal to 1 salary.

Payments under the so-called age limit for military personnel are subject to the following conditions:

Continuous service experience.
Reaching the age of 45 years.
The length of service in the army is equal to half of the total length of service.
Upon dismissal due to age, a special military pension is assigned.

Basic Concepts

Service residential premises are intended for the residence of military personnel and members of their families in connection with military service, as well as civilian personnel, and in connection with the nature of their labor relations. The contract for the rental of official residential premises is concluded for the period of labor relations and military service. Termination of an employment relationship, as well as dismissal from military service, is grounds for termination of the contract for the rental of official residential premises. In cases of termination of rental contracts for official residential premises due to dismissal, former military personnel must vacate the residential premises that they occupied under these contracts. In case of refusal to vacate such residential premises, former military personnel are subject to eviction by court order without the provision of other residential premises.

According to the current legislation, Part 2 of Article 103 of the Housing Code of the Russian Federation provides that those who are not tenants of residential premises under social tenancy agreements or family members of a tenant of residential premises under a social tenancy agreement cannot be evicted from office residential premises and residential premises in dormitories without the provision of other residential premises. hiring either by the owners of residential premises or family members of the owner of the residential premises and registered as needing residential premises:
1) family members of military personnel, officials, employees of internal affairs bodies, federal security service bodies, customs authorities of the Russian Federation, state fire service bodies , authorities for control over the circulation of narcotic drugs and psychotropic substances, institutions and bodies of the penal system, those killed (died) or missing in the performance of military service or official duties; 2) old age pensioners; 3) family members of an employee who was provided with official living quarters or living quarters in a dormitory and who died; 4) disabled people of groups I or II, whose disability occurred as a result of a work injury due to the fault of the employer, disabled people of groups I or II, whose disability occurred as a result of an occupational disease in connection with the performance of work duties, disabled military personnel who became disabled of groups I or II due to injury , concussion or injury received during the performance of military service duties or as a result of an illness associated with the performance of military service duties.

Citizens specified in part 2 of this article are provided with other residential premises, which must be located within the boundaries of the relevant locality.
The eviction of citizens from official residential premises or residential premises in dormitories with the provision of other residential premises in the case provided for by Part 2 of Article 102 of this Code is carried out by the previous owner or legal entity transferring the relevant residential premises.
Orphans and children left without parental care, persons from among orphans and children left without parental care cannot be evicted from specialized residential premises without the provision of other comfortable residential premises, which must be located within the boundaries of the relevant locality.

Subparagraph one of part 2 of Article 103 of the Housing Code of the Russian Federation is suitable for those former military personnel who, during their service, were recognized as in need of housing, but with their consent were dismissed and remained on the waiting list of a military unit (or the corresponding housing authority).
They can live peacefully in their official living quarters until they receive new permanent housing, provided that they have no other living quarters. If you have any questions, you can consult for free via chat with a lawyer at the bottom of the screen or call by phone (consultation is free), we work around the clock.

However, in most situations when former military personnel remain living in official residential premises, it is impossible to be recognized as needing residential accommodation during the period of military service.
These are cases where a serviceman, for example, served for less than 20 years and was dismissed on so-called non-preferential grounds (at the end of the contract, at his own request, etc.), as well as those who were dismissed on preferential grounds (for organizational and staffing measures , health status or upon reaching the age limit for military service), but have less than 10 years of service. In the above cases, military personnel did not receive the right to receive residential premises from the Ministry of Defense of the Russian Federation or from another ministry in which military service is provided for by law, but continue to live in previously provided official residential premises. However, it is not so easy to evict this category from official housing .

How are bonuses and financial assistance paid?

How are awards and financial assistance awarded?
Military personnel who honestly performed their duties, achieved high results of service, received state awards, may be paid additional compensation. In such cases, benefits are provided in the amount of 3 monthly salaries, taking into account incentives. Upon the death of a serviceman, the due amounts are paid to his family members. To do this, you need to provide documents confirming the degree of relationship - a birth certificate for children or a marriage certificate. Payment of bonuses, as well as financial assistance, is carried out on the last day of military service.

The military is also entitled to financial assistance, provided for by a special decree of the Government of the Russian Federation (No. 993). It is paid to contract soldiers once a year. The amount of assistance is equal to 1 salary, taking into account titles and awards. Financial assistance is paid at the end of the calendar year. If a person quits at the beginning of the year and the vacation has not been used, then the serviceman or his relatives are required to pay financial assistance.

How are benefits calculated if you are unfit for service? It is required if you are unfit for military service. In this case, the person must resign of his own free will, indicating the reason. To leave the armed forces on the grounds of unfitness for service, you must obtain a conclusion from a medical commission. Staying in a hospital for the period of inpatient treatment is not grounds for being discharged from the army.

Writing a report on dismissal from the army for health reasons provides for receiving financial payments, including a one-time benefit for unfitness for service. The amount of such compensation depends on length of service. In some cases, a social pension is provided.

The amount of health benefits may vary depending on the number of years of military service under a contract. A bonus in the amount of 1 month's salary and monetary assistance are added to the payments, the amount of which will be the amount of the monthly salary for the position.

Social pension varies depending on health status, length of service and awards. To obtain it, the basis will be reaching the age of 45 years, 20 years of service, 25 years of work experience, half of which is military service.

Additionally, social benefits are provided for health reasons: the resigning employee receives the right to free travel on buses and trolleybuses, commuter trains, receive free vouchers for treatment in a sanatorium, etc.

Mortgage loan for military personnel

Even when leaving for health reasons, some military personnel do not lose the right to a mortgage loan. Employees can receive such a loan if two conditions are met simultaneously:

The length of service exceeds 10 years;
There is a state “housing” certificate.

The issuance of such certificates is not mandatory. When drawing up a report, a serviceman usually indicates his right to a mortgage, as well as the length of service that gives him the right to do so. It is not possible to receive cash using the certificate. It can be used as a down payment when applying for a mortgage, or spent on purchasing the desired residential property (

Let's take a closer look at the situation - dismissal of a serviceman at his own request

Many people are interested in how a serviceman is discharged at his own request.
Any Russian serviceman can retire from the armed forces at his own request, and no one can prevent him from doing so. The Russian Federation has established a strict procedure for dismissal from the country's Armed Forces. The procedure for dismissal is determined by the article called “On Military Duty and Military Service” and the existing Charter. According to the law, a leaving serviceman must indicate the reasons that influenced this decision. The special commission must make an appropriate decision within a certain time frame.

Is it possible to dismiss a military personnel at his own request?

Each contract concluded with a serviceman can be conditionally divided into two periods.
First he is on probation, then the service itself begins. The standard probationary period for a contract employee is 3 months, after which the contract is signed for 2 years. While the contract period is not completed, it is possible to resign of your own free will, but doing so is much more difficult than after the end of the contract. Dismissals at will are carried out in accordance with the law, there is a certain procedure. In this case, the initiator of dismissal is the dismissed serviceman himself; in accordance with the established procedure, he must contact his commander in writing and inform about his desire to stop serving in the army. The grounds for dismissal in this case must be quite serious. Valid reasons must be confirmed by relevant papers. To dismiss a serviceman at his own request, the contract soldier’s desire alone is not enough. You can quit by following a certain algorithm. Not many military personnel leave the RF Armed Forces of their own free will. At his own request, a serviceman can be dismissed by his unit commander.

Grounds for dismissal due to health reasons

You can leave military service for health reasons for reasons set forth in Article 51 of the Federal Law on Military Service No. 53 03/28/1998:

Declaring a serviceman unfit for military service.
Recognition of a soldier, sailor or conscript as being of limited fitness.

Only a specially created commission, in accordance with the law (Government Decree No. 565, July 4, 2013), can recognize an officer or soldier as fit or unfit for service.

List of diseases

The list includes the following groups of diseases:

pronounced and persistent mental and neurotic disorders;
difficult-to-treat skin lesions (eczema, psoriasis, dermatitis);
progressive eye diseases, myopia above 12 diopters;
significant and moderate disturbances in the functioning of muscles and bones;
malignant tumors;
ailments of the heart and circulatory system of severe and moderate severity;
rapidly progressing blood diseases.

In addition, the list includes the following diseases:

chronic genitourinary diseases;
epilepsy, severe nerve damage;
bone defects arising after injuries and operations;
endocrine diseases;
some respiratory diseases;
serious damage to the digestive system;
deafness, vestibular disorder;
sexually transmitted diseases, tuberculosis, AIDS.

To retire from the army, it is not enough to simply have any disease from the list; the commission’s decision will largely depend on the severity of the disease.

The procedure for dismissing a military personnel at his own request

The greatest peak of voluntary dismissals occurs in the first 3 months of service, when the serviceman is getting used to the team and the military unit.
If in this case an application is submitted to civilian institutions, then in the army a report is submitted to the commander or head of the personnel department. In this case, no forms or special forms are provided. Therefore, this document is filled out in free form. The only thing that must be indicated in the document is the data of the commander, the unit number and the data of the person who wants to leave military service. The first part of the report should contain a request for early departure from service. Further, the reasons that prompted the serviceman to make such a decision must be indicated. It is advisable that several reasons be indicated at once.

The next part must contain consent to undergo a medical examination before leaving service or refusal to undergo it. The list of documents attached to the report must be indicated separately.

The report must be written in two copies, one of which is submitted to the commander and must be recorded in the journal in the combat department of the unit. On the report itself, registration data is entered and the date of application is indicated. The second copy must remain in the hands of the military man. Dismissal from military service at your own request can take quite a long period of time.

The construction department cannot refuse to register a report, since in this case the basic provisions of the law will be violated. A second copy will be necessary if the serviceman has to file a complaint with the prosecutor’s office regarding his violated rights. If desired, the report can be given directly to the unit commander. A response to the report must be received within a calendar month from the date of registration of the document. The response from the unit commander must be provided in official written form.

If this paper is not received within the prescribed period, the actions of the unit commander can be appealed in a military court or the prosecutor's office. When contacting these structures, the reasons for dismissal are indicated, which must be quite serious.

Moreover, it is desirable that each reason given be documented. These may be certificates from a doctor and extracts from an outpatient card, a death certificate and a certificate of family composition. Obstacles to the military’s further performance of its duties may include:

Relocation of close relatives to another country.
A belief that does not allow one to serve in the armed forces.
Low wages that do not provide a living wage for the military man and his family members.
If a military man is raising young children alone.
If a female soldier’s health has deteriorated significantly after pregnancy and childbirth.
In the event of the death of one of the family members. If this event makes military service impossible.
If, despite having a high level of knowledge and skills, a military man is deprived of the opportunity for career growth.
If the unit's management continually fails to comply with the terms of the contract.

Any of the above reasons is grounds for early termination of the contract and voluntary dismissal from the armed forces. It is several times easier for a female soldier to leave the army than for a man. An exception may be a woman on maternity leave. Until its expiration, no one will give her permission to quit.

Reasons for dismissal

Not all military personnel have an idea of what reasons can be considered valid for starting the procedure.
The final decision on the future fate of the serviceman is made by members of the certification commission, which includes deputy unit commanders, representatives of personnel and legal departments, as well as unit commanders. They are given the right to study all the materials provided and make their decision within 7 days. If necessary, the dismissed serviceman himself can be called to the commission if the commission needs to receive a number of clarifications and explanations. If necessary, members of the commission can determine an additional period for carrying out the additional checks they need. The main task of the commission is to identify how objective and valid the reasons put forward as the main arguments for leaving service are. Based on the results of the commission’s work, a protocol is filled out, which contains the main conclusions of the commission members. The decision of the certification commission is advisory in nature.

The unit commander decides whether a soldier will be fired or will have to serve until the end of his contract, based on the conclusions of the commission. If the decision of the commission and the commander does not suit the military man, he can appeal to the court or the military prosecutor's office. When deciding on the issue of dismissal, both the commission and the military prosecutor's office proceed from the complexity of the life situation of the military man himself, and not from his demand by the command of the unit. A military man is considered dismissed from the army at his own request if an order has been officially issued.

The time frame within which a military man can be dismissed from service is not specified in the law and depends on how quickly the dismissal order is issued. According to statistics, the dismissal process takes quite a long time. Upon dismissal of one's own free will, the military personnel are paid all required benefits in full within the framework of all adopted regulations.

Is it possible for a military member to get a deferment on eviction?

Considering that official housing is provided to a military man who has no other premises, the question of where to go if a claim for eviction is filed is acute. For such cases, the law provides the possibility of deferring the execution of the eviction decision. It is necessary to prove the actual absence of another home at the time of consideration of the dispute. Upon written application, the court may grant time to search and select a new place of residence.

This method can also be used if the case is already being executed by the bailiff service.

Since the issue is important, it is recommended to seek assistance from our military lawyer in this case. As part of the protection of housing rights, a lawyer will draw up a competent, reasoned application to the court to grant a deferment and help collect the necessary evidence.