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RUSSIAN FEDERATION FEDERAL LAW on liability of soldiers passed by the State Duma June 22, 1999 the year approved by the Federation Council of the year June 25, 1999 (as amended by the federal laws from 04.12.2006 N 203-FZ;
from 02.07.2013 N 185-FZ; from 25.11.2013 N 317-FZ), Chapter 1. GENERAL PROVISIONS Article 1. Subject and scope of this federal law 1. This federal law establishes the conditions and size of the liability of soldiers and citizens called for military training (hereinafter referred to as the soldiers), for damage caused in the performance of duty property located in federal ownership and assigned to military units, as well as the procedure for compensation of damages.
2. The effect of this federal law applies to soldiers performing military service conscripts and contract in the armed forces of the Russian Federation, as well as in other troops, military formations and organs in which the legislation of the Russian Federation provides for military service.
Article 2. The basic concepts used in the present Federal law for the purposes of this federal law applies the following concepts: military-military authorities, associations, links, military units, ships, military organization, professional educational organizations and military educational institutions of higher education, in which, in accordance with the legislation of the Russian Federation troops undergo military service; (As amended by the Federal law of 02.07.2013 N 185-FZ) commanders (heads)-commanders (heads) of military units and their deputies, commanders (heads) of the structural units of military units and their deputies;
property of a military unit (hereinafter property)-all kinds of armaments, military equipment, ammunition, petrol, oil and lubricants, fuel, food, clothing and other belongings of military property, buildings, money, securities and other assets that are federally owned and assigned to the military;
actual damages (hereinafter also referred to as damage)-loss of or damage to property, military spending, which the military has made or shall make an acquisition to restore lost or damaged property, as well as surplus cash payments made to the military part.
Article 3. Conditions for liability for damages 1 soldiers. Soldiers are materially liable only for actual damage through no fault of their own.
2. the military, causing damage not in the performance of duty, bear civil liability in accordance with the civil legislation of the Russian Federation. (As amended by federal law from 04.12.2006 N 203-FZ)
3. it is not allowed the assignment of army personnel to liability for damage caused by the execution of an order of Commander (Chief), and also as a result of lawful action justified service risk, force majeure.
4. members of the armed services may be subject to liability in accordance with this federal law within three years from the date of discovery of damage.
Chapter II. LIABILITY Article 4 SOLDIERS. Limited liability of troops 1. For damage caused by negligence in the performance of duty, the soldiers doing military service under the contract, and to citizens for military training, carry liability in the amount of damage, but not exceeding one month's salary and pay one monthly allowance for seniority; soldiers doing military service conscripts-no more than two monthly salaries allowance, except when this federal law and other normative legal acts of the Russian Federation for military establishes liability dimensions.
2. Members of the armed forces who are contractual military service responsible for damage associated with payment of the military part of the fines for downtime containers, wagons, ships and cars, overstating the volume of work performed, late payment in the respective budgets of taxes and other obligatory payments shall bear liability in the amount of damage caused, but not more than two monthly salaries pay and two monthly premiums for seniority.
3. Commanding officers (superiors), violated their orders (orders) the prescribed accounting treatment, storage, use, transport, property or not adopting the necessary measures to prevent its theft, destruction, damage, corruption, unnecessary cash payments, resulting in damage or not adopting the necessary measures to compensate for the guilty persons caused damage to the military, bear liability in the amount of damage, but not exceeding one month's salary and pay one monthly allowance for seniority.
4. the commanders (heads) of the military units responsible for unlawful dismissal of a soldier (civilian personnel) from military service (work), the illegal transfer of persons of civilian personnel, the illegal appointment of soldier (civilian personnel), is not provided for staff (staffing) military unit, or on post paid above actually occupied position, liable for damages caused by excessive monetary payments made as a result of the unlawful dismissal of a soldier (civilian personnel) persons, illegal transfer of civilian personnel, the illegal appointment of soldier (civilian personnel), in the amount of damage caused, but no more than three monthly salaries pay and three months ' seniority allowance.
Article 5. The total liability of military Servicemen bear material responsibility in the full amount of damages in cases where the damage is caused by: soldiers whom property has been transferred to under report for storage, transportation, issuance, use and other purposes;
the soldier's actions (inaction) containing elements of crime by the criminal legislation of the Russian Federation;
as a result of theft, wilful destruction, damage, corruption, illegal expenditure or use of property or other intentional acts (inaction), regardless of whether they contain elements of an offence under the criminal legislation of the Russian Federation;
deliberate actions of the military personnel, including the costs of medical treatment of military personnel affected by these actions; (As amended by the Federal law of 25.11.2013 N 317-FZ) soldiers, voluntarily brought himself into a State of intoxication. (As amended by federal law from 04.12.2006 N 203-FZ), chap. III. DETERMINING the SIZE of the DAMAGE and the PROCEDURE for COMPENSATION SHALL APPLY Article 6. Determine the amount of damage 1. The size of the damage is determined by the actual losses, based on the data to account for the assets of the military unit and based on price, operating in this area (for troops stationed outside the Russian Federation, in the host country) on the day of the discovery of the damage.
Prices on armaments, military equipment, ammunition, equipment, centrally supplied military units are determined by the authorized State bodies.
2. the amount of the damage is determined by the degree of wear and tear on installed on discovery day prejudice to, but not lower than the cost of scrap (scrap) of the property.
3. When the illegal appointment of soldier (civilian personnel), is not provided for staff (staff) of a military unit, the extent of the damage is determined by the size of the paid member (individual civilian staff) salaries (payroll), and illegal appointment, paid above post actually occupied by military personnel (face civilian personnel), the difference between the paid cash allowances (paid salary) and cash allowances (salary) to actually post.
4. the amount of the damage caused in the case provided for in the fifth paragraph of article 5 of this federal law, shall be determined by the actual cost of medical treatment of military personnel affected by the intentional actions of other military personnel in health organizations. (As amended by the Federal law of 25.11.2013 N 317-FZ)
5. the amount of the damages caused by the fault of a few soldiers, is determined for each of them, taking into account the degree of fault and liability type.
6. When bringing the soldier to liability salary monthly salaries to the soldier and the monthly allowance for seniority shall be determined on the day of issue of the order of the Commander (Chief) of a military unit or the Court to award damages.
Article 7. Conducting an administrative investigation upon detection of damages 1. Commander (Chief) of the military unit when it detects prejudice shall appoint an administrative investigation to determine the causes of damage, its size and the perpetrators. An administrative investigation must be completed within one month from the date of discovery of damage.
Where necessary, this period may be extended by the higher chain of command Commander (Chief), but not more than one month.
1-1. If the cause of the damage, its size and the perpetrators can be detected in the course of proceedings on the fact of committing military personnel disciplinary infraction, instead of administrative investigation can be specified proceedings in accordance with the Federal law of May 27, 1998 N 76-FZ "on the status of military servicemen". (Para supplemented by federal law from 04.12.2006 N 203-FZ)
2. The administrative inquiry may be omitted, if the cause of the damage, its size and the perpetrators are determined by the Court or as the result of an audit, inspection, inquiry or investigation, in the course of proceedings on the fact of committing military personnel disciplinary infraction. (As amended by federal law from 04.12.2006 N 203-FZ) Article 8. Damages by members 1. Compensation, the amount of which does not exceed one month salary pay soldier and one monthly bonuses for seniority, is made on the orders of Commander (Chief) of a military unit by deductions from salary of the soldier, which caused the damage.
An order for compensation for damage caused by the Commander (Chief) of a military unit, is published by the higher chain of command Commander (Chief) of a military unit.
The question of damages, the amount of which exceeds one month salary allowances and one allowance monthly soldier seniority shall be decided by a court on suit of Commander (Chief) of a military unit. Action for compensation for damage caused by the Commander (Chief) of a military unit, presented a higher chain of command Commander (Chief) of a military unit.
2. order the appropriate Commander (Chief) of a military unit for damages must be issued within two weeks from the date of the end of an administrative investigation or of the adoption of the relevant Commander (Chief) of the decision based on the results of consideration of disciplinary proceedings materials or proceeds of a court decision or materials verification audit, inquiry, investigation, declared a soldier under painting and turned to performing after seven days after the announcement of its soldier. (As amended by federal law from 04.12.2006 N 203-FZ) If an order for damages not issued within two weeks, the issue of bringing the soldier to liability is settled by the Court on the suit of the appropriate Commander (Chief) of a military unit.
3. soldiers doing military service outside the Russian Federation, reimburse the damage caused in the currency of the host country. In case of impossibility of reparation in the currency of the host country (including, in the case of the departure of the soldier on the territory of the Russian Federation) damage in roubles calculated at the official exchange rate set by the Central Bank of the Russian Federation on the date of the discovery of the damage.
4. the order of Commander (Chief) of a military unit for damages it may be appealed to the superior troops Commander (boss) and (or) in court. Appeal against the order for reparations shall not suspend the retention money from allowance to soldier. If you cancel an order for damages the retention monies return soldier.
5. Indemnification regardless of attraction to soldier disciplinary, administrative or criminal liability for the actions (inaction), which caused the damage.
6. a member may voluntarily fully or partially reimburse the damage in monetary terms.
7. Deductions from the salary of the soldier by court order shall be made on the basis of a court issued execution document.
8. The difference between the size of the damage and the order of the Commander (Chief) of a military unit or a court decision the size allowance deduction soldier applies for funds allocated from the federal budget to the appropriate federal agency, which administers the military part, decision Commander (Chief) within the limits of their rights.
Article 9. Compensation in case of dismissal of a soldier with military service, or its transfer to a new place of service 1. In the case where the liability involved a soldier (citizen, designed for military training) has not made it to the day of discharge from military service (end of taxes) the damage left him arrears shall be collected according to the rules of Executive proceedings, established by the legislation of the Russian Federation.
2. In the case where a soldier caused the damage (citizen, designed for military training) dismissed from military service (departed from military duties due to their end) and had been brought to liability, damage recovery action from him is made by the Court on a lawsuit filed by the Commander (Chief) of a military unit, in the amount established by this federal law. While salary monthly pay and monthly retirement allowance is determined on the day of dismissal of a soldier (citizen, designed for military training) to military service (end of fees).
3. In the event of a transfer to a new place of service of reparation to servicemen, attracted to the liability and does not vozmestivshim damage is made to the new duty station based on entries in the clearing record or cash certificate.
If a decision about bringing injuring a soldier to the liability was not made until its relocation to a new duty station commander (Chief) of a military unit must send within five days from the date of the end of the administrative investigation, audit, inspection, investigation, receipt of materials of investigation or a court decision required materials to the new duty station soldier to attract him to liability.
Reparation in this case is manufactured at the new place of service of the soldier in the manner provided for in article 8 hereof. The order of Commander (Chief) of a military unit for damages is published within two weeks from the date of receipt from previous duty station soldier materials described in this paragraph.
Article 10. Compensation for damage caused to third persons by members of the armed forces, which have caused damage to a third party which, in accordance with the legislation of the Russian Federation was compensated military part, reimburse the military part of the damage in the manner and amount stipulated by this federal law.
Article 11. Conditions for reducing the size of the damages recoverable amount of money to be collected from the soldier for redress, may be reduced by the Commander (Chief) of a military unit with the permission of a superior Commander (Chief), as well as by the court taking into account the specific circumstances, the degree of fault and the material status of soldier, except as provided for in the fourth paragraph of article 5 of the present Federal law.
Article 12. Order production cash deductions 1. Monthly cash deduction for compensation of damage produced soldiers at a rate of 20 per cent of the monthly allowance, and for compensation for damage caused in the cases provided by paragraph fourth article 5 hereof, in the amount of 50 per cent of the monthly allowance.
2. If from allowance deduction other cash produced soldier, stipulated by the legislation of the Russian Federation, the total size of all the cash deduction may not exceed 50 per cent of the monthly allowance. The order of these deductions is determined by the legislation of the Russian Federation.
Chapter IV. FINAL PROVISIONS Article 13. Bringing of normative legal acts in accordance with this federal law 1. The President of the Russian Federation and the Government of the Russian Federation to bring its normative acts in compliance with this federal law.
2. Not applicable in the territory of the Russian Federation, a decree of the Presidium of the Supreme Soviet of the USSR of January 13, 1984 10661 N-x "on liability for damage caused by the military State" (Gazette of the Supreme Soviet of the USSR, 1984, no. 3, p. 61).
Article 14. The entry into force of this federal law this federal law shall enter into force on the day of its official publication.
The President of the Russian Federation, b. Yeltsin, Kremlin, Moscow, N July 12, 1999 161-FZ
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