The Liability Of The Troops

Original Language Title: О материальной ответственности военнослужащих

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RUSSIAN FEDERATION FEDERAL LAW On State Duma liability Adopted by the State Duma on June 22, 1999 Approved by the Federation Council on 25 June 1999 (In the wording of the federal laws of 4 December 2006) N 203-FZ; of 02.07.2013 N 185-FZ; of 25.11.2013 N 317-FZ Chapter 1. GENERAL PROVISIONS Article 1. The subject of regulation and scope of this Federal Law 1. This Federal Act sets out the conditions and extent of the material responsibility of military personnel and citizens summoned for military duties (hereinafter referred to as "military servicemen") for the damage caused by them in the performance of their military duties to property, (a) by the Government of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic 2. This Federal Act applies to members of the armed forces who are under military service in the armed forces of the Russian Federation, as well as in other forces, military units and bodies in which The Russian Federation provides for military service. Article 2: Basic concepts used in this Federal Law For the purposes of this Federal Act, the following basic concepts apply: Military units-military control bodies, Associations, formations, military units, ships, organizations, military professional educational organizations and military educational institutions of higher education, in accordance with Russian legislation The Armed Forces are undergoing military service; class="ed"> (In the version of the Federal Law of 2 July 2013, } N 185-FZ) commanders (commanders)-commanders (commanders) of military units, their deputies, commanders (chiefs) of military units and their deputies; military unit property (hereinafter referred to as "military units") All types of armaments, military equipment, ammunition, fuel and lubricants, fuel, food, property and other types of military equipment, buildings, installations, money and securities, other material Federal property and assigned to the military unit; real damage (hereafter damages)-loss or damage to military units ' property, expenses that the military unit produced or is required to perform for the restoration, acquisition of lost or damaged property, as well as superfluous. Monetary payments made by the military unit. Article 3. Conditions of liability for military personnel for damage 1. The military personnel are solely responsible for the actual damage caused by their fault. 2. Soldiers who caused damage not in the performance of duties of military service bear the civil liability of the Russian Federation under the civil law of the Russian Federation. (In the wording Federal Law of April 4, 2006 N 203-FZ 3. Military personnel are not allowed to be held liable for damage caused by the execution of the commander's (superior) order, as well as by lawful actions, justified risk, action of force majeure. 4. Members of the armed forces may be held liable in accordance with this Federal Law within three years from the date of the damage. Chapter II: MATERIAL RESPONSIBILITY OF MILITARY SERVICE Article 4. The limited liability of soldiers 1. For damage caused by negligence in the performance of the duties of the military service, the military personnel performing military service under the contract and citizens summoned for military charges bear liability in the amount of the damage caused, but Not more than one month-old salary and one month's service allowance; military conscripts serving no more than two months ' salary, except in cases where the present OF THE PRESIDENT OF THE RUSSIAN FEDERATION The military personnel are subject to different amounts of liability. 2. Military personnel under contract for damage resulting from fines for simple containers, wagons, vessels and vehicles, overstatement of work performed, late payment in The relevant budgets of taxes and other mandatory payments shall bear liability in the amount of the damage caused, but not more than two months ' salary and two monthly allowances for the length of service. 3. Commanders (chiefs) who have breached their orders (orders) in accordance with established procedures for accounting, storage, use, disposal, transportation of equipment or not taking the necessary measures to prevent theft, destruction, damage, deterioration, excessive cash payments, which resulted in damage or did not take the necessary measures to compensate the perpetrators of the damage caused by the military unit, bear liability in the amount of the damage caused, but not more than one salary Monthly salary and one monthly wage supplement. 4. Commanders (chiefs) of military units responsible for the unlawful dismissal of a soldier (civilian personnel) from military service (work), illegal transfer of civilian personnel to other work, unlawful appointment of a soldier (a person of civilian personnel) for a post not provided for by the State (staffing) of the military unit, or to a position paid higher than the actual position held, is responsible for the damage caused by excessive cash. Payments made as a result of unlawful dismissal Military personnel (civilian personnel), illegal transfer of civilian personnel to other work, unlawful assignment of a military (civilian personnel) to a post in the amount of damage but not more than three salaries Monthly allowance and three monthly allowances for the length of service. Article 5. Full liability military personnel Military personnel bear material liability in full damage in cases where the damage was caused to: troops to whom the property was transferred to A report for storage, transportation, issuance, use and other purposes; acts (omissions) of a soldier containing elements of a crime under the criminal law of the Russian Federation; in the result of theft, intentional destruction, damage, deterioration, The illegal use or use of property or other intentional acts (omissions), whether or not they contain evidence of an offence under the criminal law of the Russian Federation; willful conduct of military personnel, resulting in the cost of treatment in the medical organizations of the military personnel affected by these actions; (In the wording of Federal Law dated 25.11.2013 N 317-FZ) soldiers who voluntarily led themselves to intoxication. (In the wording of the Federal Law of 4 December 2006) N 203-FZ) Chapter III. DETERMINATION OF ACCOMMODIC DAMAGE AND THE ORDER OF ITS REPARATION Article 6. Determine the size of the damage caused 1. The amount of damage caused is determined by the actual losses, based on the records of the military unit's property and based on the prices prevailing in the area (for military units stationed outside of the Russian Federation-in the country on the date of the report). The prices of armaments, military equipment, ammunition, other property, which are centralized in military units, are determined by the authorized authorities. 2. The extent of the damage is determined on the basis of the wear and tear of the equipment on the basis of the damage detection day, but not lower than the cost of scrap (s) of the property. 3. The amount of damage to a military unit (civilian personnel) paid to a member of the military (civilian personnel) is determined on the illegal appointment of a member of the military (civilian personnel) to a post not provided for by the State (staff) Rations (paid), and in cases of unlawful appointment to a position occupied above the position actually occupied by military personnel (civilian personnel), the difference between the salaries paid and the salaries paid salary) and salary (wages) held in office. 4. The amount of damage caused in the case provided for in paragraph 5 of article 5 of this Federal Act is determined by the actual costs of medical treatment for military personnel who have suffered as a result of intentional actions by other members of the armed forces. class="ed"> medical organizations. (In the wording of Federal Law of 25.11.2013. N 317-FZ) 5. The refundable damage caused by several military personnel is determined for each of them, taking into account the degree of guilt and the type of liability. 6. When a serviceman is financially responsible, the salary of the monthly salary of a soldier and the monthly allowance for the length of service are determined on the day of the issuance of the order of the commander (s) of the military unit or of acceptance The court decided to award damages. Article 7. Conduct an administrative investigation when the damage is detected 1. The commander (chief) of the military unit shall, in the event of damage being detected, appoint an administrative investigation to determine the causes of the damage, its size and the persons responsible. The administrative investigation should be completed within one month from the date of the damage detection. If necessary, this period may be extended by a superior officer (s), but not more than one month. 1-1. In the event that the cause of the damage, its size and the culprits may be established in the course of the proceedings for misconduct by members of the armed forces, the proceedings may be conducted in lieu of an administrative investigation. Federal Act No. 76-FZ of 27 May 1998 on the status of military personnel. (The paragraph is supplemented by the Federal Law of April 4, 2006). N 203-FZ) 2. Administrative investigation may not be carried out if the cause of the damage, its size and the perpetrators are determined by the court or as a result of the audit, investigation, inquiry or investigation Disciplinary misdemeanours. (In the wording of the Federal Law of 4 December 2006). N 203-FZ) Article 8. Reparations by military personnel 1. Compensation for damages not exceeding one month's salary for a soldier's monthly salary and one month's service allowance is made by order of the commander (s) of the military unit by deducting from the monetary allowance The soldier causing the damage. The order for compensation for damage caused by the commander (s) of the military unit is issued by the superior officer (s) of the military unit. The issue of reparations, which exceeds one salary of one month's salary and one month's service allowance, is decided by the court at the suit of the commander (s) of the military unit. The claim for compensation for damage caused by the commander (s) of the military unit shall be presented to the superior in the chain of command of the commander (s) of the military unit. 2. The order of the corresponding commander (chief) of the military unit for damages must be issued within two weeks from the day of the completion of the administrative investigation, or by the appropriate commander (s) of the decision The results of the examination of the records of the disciplinary infraction or the receipt of a decision of the court or the materials of the audit, the investigation, the inquiry, the investigation, was declared to the military under the painting and was executed after seven days after the announcement His soldier. (In the wording of the Federal Law of 4 December 2006) N 203-FZ) In the event that an order for damages is not issued within two weeks, the issue of the military involvement of a soldier shall be decided by the court at the suit of the corresponding commander (s) of the military unit. 3. Military personnel who perform military service outside the Russian Federation shall pay compensation for the damage caused in the currency of the host country. In case of impossibility of obtaining damages in the currency of the host country (including in the event of a military service loss on the territory of the Russian Federation), the damage is reimbursed in rubles in the official currency exchange rate set by the Central Bank OF THE PRESIDENT OF THE RUSSIAN FEDERATION 4. The order of the commander (head) of the military unit for compensation of damage shall be appealed by the military to the superior officer (superior) and (or) to the court. An appeal against an order for damages does not stop the retention of money from a soldier's salary. When an order for damages is revoked, the money withheld shall be returned to the soldier. 5. Compensation for damages shall be made regardless of whether the soldier is disciplined, administrative or criminally liable for the acts (omissions) that have been damaged. 6. A member of the armed forces may, in full or in part, make reparation for the damage done in monetary terms. 7. Deterrence from the military's salary by a court decision is made on the basis of an executive sheet issued by the court. 8. The difference between the amount of damage caused and the order of the commander (chief) of the military unit or the decision of the court to hold a soldier's allowance is charged against the funds allocated from the federal budget The relevant federal executive authority, which is responsible for the military unit, by the decision of the commander (s) within the limits of the rights granted to him. Article 9. Reparations for the termination of a military service or conversion to a new duty station 1. In the case of a military serviceman (a national conscribed for military service) who has not been reimbursed for the day of separation from military service (the end of the charges), the remaining liability is recovered from the military service. OF THE PRESIDENT OF THE RUSSIAN FEDERATION 2. In the event that the person who caused the damage (a citizen summoned for military duties) was dismissed from the military service (he was removed from the military charge because of their termination) and was not brought to material liability, the recovery from the military service is made by the court A claim brought by the commander (superior) of the military unit in the amount established by this Federal Act. At the same time, the salary of the monthly salary and the monthly allowance for the length of service are determined on the day of the dismissal of a soldier (a citizen summoned for military duties) from the military service (the end of the fee). 3. In the case of a transfer to the new duty station, compensation for the military personnel involved in the liability and for which no damage has been caused shall be made at the new duty station on the basis of the record in the design book or the monetary certificate Military personnel. If the decision to involve the person causing the damage to liability was not taken prior to his transfer to the new duty station, the commander (s) of the military unit is required to forward within five days from the day of completion administrative investigation, audit, investigation, inquiry, investigation, or court decision necessary materials to the new duty station to bring him to material responsibility. Reparations shall be made at the new duty station in accordance with the procedure provided for in article 8 of this Federal Law. The order of the commander (chief) of the military unit for compensation of damage shall be issued within two weeks from the date of receipt of the material referred to in this paragraph from the previous duty station. Article 10. Compensation for damage caused by military personnel to third parties Military personnel who have caused damage to third persons who have been compensated in accordance with the law of the Russian Federation shall be reimbursed by a military unit Part of the damage in the order and extent provided for by this Federal Law. Article 11. The conditions for the reduction of the damage to be recovered The amount of money to be recovered from the military personnel for damages may be reduced by the commander (s) of the military unit from The authorization of a superior officer (superior) and also by a court, taking into account the specific circumstances, degree of fault and material status of the soldier, except as provided for in paragraph 4 of article 5 of this Federal Act. Article 12. Order of cash retention 1. The monthly cash deductions for compensation for harm caused by military personnel are made at 20 per cent of the monthly allowance, and for compensation for damage caused in the cases provided for under article 5, paragraph 4, of the present report. Federal Act, which amounts to 50 per cent of the monthly salary of a soldier. 2. In the event that other monetary deductions are made from the soldier's allowance, the total amount of all money deductions may not exceed 50 per cent of the monthly pay. Military personnel. In this case, the order of these deductions shall be determined by the legislation of the Russian Federation. Chapter IV: FINAL PROVISIONS Article 13. The regulation of legal acts in conformity with this Federal Law 1. The President of the Russian Federation and the Government of the Russian Federation shall bring their regulatory legal acts into conformity with this Federal Law. 2. To read not applicable in the territory of the Russian Federation the decree of the Presidium of the Supreme Soviet of the USSR, dated 13 January 1984, N 10661-X On material " (Statement of the Supreme Soviet of the USSR, 1984, N 3, art. 61). Article 14. Entry into force of this Federal Law This Federal Law shall enter into force on the date of its official publication. President of the Russian Federation B. Yeltsin Moscow, Kremlin 12 July 1999 N 161-FZ