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On Amendments To Certain Legislative Acts Of The Russian Federation On Secondment And Transfer Of Troops, As Well As The Suspension Of Military Service

Original Language Title: О внесении изменений в отдельные законодательные акты Российской Федерации по вопросам прикомандирования и перевода военнослужащих, а также приостановления военной службы

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RUSSIAN FEDERATION FEDERAL LAW amending certain legislative acts of the Russian Federation on secondment and transfer of military personnel, as well as the suspension of military service Adopted by the State Duma on June 14, 2006 Approved by the Federation Council on 23 June 2006 Article 1 Article 1 href=" ?docbody= &prevDoc= 102107854&backlink=1 & &nd=102052265 " target="contents"> N 53-FZ "On military duty and military service" (Assembly of Russian legislation, 1998, N 13, art. 1475; N 30, est. 3613; 2001, N 30, sect. 3061; 2002, N 26, est. 2521; N 30, sect. 3029, 3033; 2003, N 1, st. 1; 27, sect. 2700; N 46, sect. 4437; 2004, N 18, sect. 1687; N 25, est. 2484; N 35, sect. 3607; N 49, sect. 4848; 2005, N 14, st. 1212; N 49, sect. 5127; 2006, N 11, sect. 1148) the following changes: 1) in article 42: in paragraph 2 of paragraph 1, word "(post)" delete; , in paragraph 2, the word "(posts)" should be deleted; paragraph 4 should read: " 4. The military officer may not perform military service in cases of: finding at the disposal of a commander (chief) for not more than three months; in the possession of a commander (chief) in connection with The holding of organizational and regular activities is not more than six months; is at the disposal of the commander (chief) in connection with the opening of a criminal case against a serviceman. Federal laws and regulations of the President of the Russian Federation may contain other cases of military service not in military service. "; (2) in article 44: Amend the text to read: " Article 44. Relocation of military personnel "; paragraph 1 to recognize no force; 3) Article 45 as follows: " Article 45. Suspension of military service 1. Military personnel under contract, in case they are elected by the State Duma of the Federal Assembly of the Russian Federation, deputies of legislative (representative) bodies of the State authorities of the constituent entities of the Russian Federation OF THE PRESIDENT OF THE RUSSIAN FEDERATION (Heads of the highest executive bodies of the State OF THE PRESIDENT OF THE RUSSIAN FEDERATION OF THE PRESIDENT OF THE RUSSIAN FEDERATION Suspension of military service. 2. Military service under contract, if not sent to military posts in international organizations, organizations conducting activities in the interests of national defense and security of the state, and military departments The military service is suspended by the federal State educational institutions of higher professional education. Military personnel under contract may not be assigned to military posts without the suspension of military service, provided that they are provided for by other federal laws and regulations of the President of the Russian Federation. 3. The suspension of military service by military personnel in accordance with paragraphs 1 and 2 of this article shall mean the suspension of the conditions of their contract for military service referred to in article 32, paragraph 3, of this Federal of the law. Military personnel whose military service is suspended are not considered to be performing military service in accordance with article 37 of this Federal Law. The duration of the suspension of military service is credited to the total length of service when a retirement pension is paid. During this period, the payment of stipends and other additional payments, as provided for by federal laws and other legal acts of the Russian Federation, for members of the armed forces under contract, as well as The assignment of regular military ranks shall not be made. 4. The military service, whose contract is suspended, is not part of the Armed Forces of the Russian Federation, other troops, military formations and bodies. 5. The suspension of military service, as well as the deployment of military personnel not to military posts in the organization and educational institutions referred to in paragraph 2 of this article, shall be carried out in accordance with the Military Service Regulations. 6. No military posts in the organization and educational institutions referred to in paragraph 2 of this article may be directed to military personnel under contract for military positions to be replaced by military officers The rank of officer and who have served in officer positions for 10 years or more. Military personnel who have served under official functions for less than 10 years may be referred not to military posts in the organization and educational institutions referred to in paragraph 2 of this article, where this is provided for by legal acts THE RUSSIAN FEDERATION 7. The deployment of military personnel under contract to military positions in international organizations is carried out on the basis of international treaties of the Russian Federation. 8. List of organizations carrying out activities for the defence of the country and the security of the State and of the federal State educational establishments of higher professional education, to which military personnel are serving in the military service According to the contract, the number of such posts in these organizations and educational institutions is determined by the normative legal acts of the President of the Russian Federation. The Government of the Russian Federation shall define additional conditions for the conclusion, modification and termination of employment contracts with military personnel directed not to military posts in these organizations and educational institutions, as well as with other military personnel. (a) Temporary replacement. 9. Military personnel whose military service has been suspended beyond the age limit for military service, after the expiration of the contract for military service, shall have the right to conclude a new military service contract. Services in accordance with the Regulations on the Procedure for Military Service. 10. Military personnel whose military service is on hold have the right to continue military service in accordance with the Regulations on the Military Service. 11. Military service under whose contract is suspended due to non-military positions, the Ministry of Defence of the Russian Federation or the federal executive authority, in which this Federal Act The military service may be called upon to continue military service and, if they do not agree, the military service of the said soldiers shall cease to exist. Dismissal from military service in the case of cessation of military service shall be carried out on the basis of article 51, paragraph 1, subparagraph (1), of this Federal Act. 12. The military service, whose contract is suspended, shall be appointed to the former positions in the event of the continuation of the military service and, in their absence, with their consent, to other positions. 13. The period of suspension of military service on the grounds provided for in paragraph 1 of this article shall be counted in the case of the continuation of the military service, which gives rise to the right to be awarded a regular military rank, a seniority supplement, Additional leave and retirement pension, social guarantees and compensation, established by legislative and other legal acts of the Russian Federation determining the status of military personnel and procedure Military service. 14. Dismissal from military service of military personnel whose contract service is suspended shall be based on the grounds provided for in article 51 of this Federal Law, with the exception of "g", "g" and "d" of paragraph 3 of the said article, in accordance with the Regulation on the Procedure for Military Service. "; 4) in article 47: , in paragraph 2, the word" (post) "delete; , in paragraphs 3 to 5, the word" (posts) " delete; 5) in Article 51: paragraph 1 should be amended to read as follows: "(c) in connection with the termination of the military service during its suspension."; paragraph 2, add the following subparagraph to read: "(g) in connection with the transfer to the federal civil service."; "g" of paragraph 3 should read as follows: "g) in connection with giving him the authority of a higher official of the constituent entity of the Russian Federation (head of the supreme executive body of the State authority of the entity") of the Russian Federation) or the appointment of the Acting Chairman of the OF THE PRESIDENT OF THE RUSSIAN FEDERATION Federation; ".. Article 2 Article 2 of the Federal Law of 8 May 1994 N 3-FZ " Status of Federation Council member and status OF THE PRESIDENT OF THE RUSSIAN FEDERATION Federal Act No. 133-FZ of 5 July 1999. 74; 1999, N 28, sect. 3466; 2001, N 32, sect. 3317; 2002, N 30, sect. 3033; 2003, N 27, sect. 2700; 2005, N 19, sect. 1749; N 30, sect. 3104) The following changes: 1) in Article 6: in Part Three the word "military," and the words "military service or"; , in Part 4 of the term "military service or" delete, the word "military" should be replaced In the words "employees", the words "military or" delete, the words "to resign from the military service, or" to replace the words "resign from the military service"; (2) in part 8 of article 38, the words "Military and persons" should be replaced by "Persons", the words "military service," should be deleted. Article 3 Paragraph 2 of Article 4 of the Federal Law of 31 May 1996 N 61-FZ "On Defence" (Assembly OF THE PRESIDENT OF THE RUSSIAN FEDERATION 2750; 2004, 27, sect. 2711; 2005, N 52, sect. " 19) establishes a list of organizations working for the defence of the country and the security of the state, and of federal state educational institutions of higher education. The number of military personnel who may not be assigned to military positions, as well as the total number of military personnel assigned to each of these organizations, may not be assigned to military posts. and educational institutions; ". Article 4 Enroll in Federal Act No. 58 of 27 May 2003 "On the System of State Service of the Russian Federation" (Assembly of Russian Legislation, 2003, N 22, Art. 2063) the following changes: 1) Article 6, after "military posts" to be supplemented with the words " or not in military positions in cases and under conditions provided by federal laws and (or) regulations of the President The Russian Federation, "; (2), in the second paragraph of article 19, paragraph 1, of the Russian Federation, replace the words" relevant amendments and additions to the federal laws governing military service "with the words" military service ". Article 5 Install, which is on military personnel on the day of the coming into force of this Federal Act to federal state bodies, where federal civil service posts are established On the basis of article 51, paragraph 2 (f), of the Federal Act of 28 March 1998, N 53-FZ "On conscription and military service" (in the wording of the present report) Federal Law), the rights and social guarantees provided for in the legislation of the Russian Federation on the status of military personnel for military service in connection with organizational and regular activities and Citizens who have been dismissed from military service on this basis. Article 6 Article 45 of the Federal Law of 28 March 1998 N 53-FZ "On conscription and military service" (in The draft law applies to members of the military service under the contract, elected by the deputies of the State Duma of the Federal Assembly of the Russian Federation, deputies of the legislative (representative). THE RUSSIAN FEDERATION Representatives of the representative bodies of municipal entities and heads of municipal entities exercising these powers on a permanent basis, vested with the powers of the higher officials of the constituent entities of the constituent entities of the Russian Federation OF THE PRESIDENT OF THE RUSSIAN FEDERATION Authorities of the constituent entities of the Russian Federation) OF THE PRESIDENT OF THE RUSSIAN FEDERATION Article 7 Provisions of Parts Three and Four of Article 6 of the Federal Law of 8 May 1994 N 3-FZ " Status of Council member The Federation and the status of deputies of the State Duma of the Federal Assembly of the Russian Federation " (in the wording of the Federal Act of 5 July 1999 N 133-FZ) (in the wording of this Federal Law) apply to the deputies of the State Duma OF THE PRESIDENT OF THE RUSSIAN FEDERATION OF THE PRESIDENT OF THE RUSSIAN FEDERATION Article 8 This federal law shall enter into force on 1 January 2007. President of the Russian Federation Vladimir Putin Moscow, Kremlin July 6, 2006 N 105-FZ