Reception of cases and positions of the Soviet era. Legislative base of the Russian Federation. Mandatory details of the act
Konstantin, hello.
While on a business trip, I found out by chance that those who did not accept business and positions would not receive travel (field) payments.
Konstantin
We are talking about a business trip or about exercises, ship cruises, in working out the tasks of combat and combat training in field conditions?
In the latter case, by virtue of clause 58 of the order of the Minister of Defense of the Russian Federation of December 30, 2011 N 2700 "On approval of the procedure for providing monetary allowances to the military personnel of the Armed Forces of the Russian Federation"
58. Servicemen for the period of direct participation in exercises, cruises of ships, in working out the tasks of combat and combat training in the field, in other events outside the point of permanent deployment of a military unit according to the list determined by the Minister of Defense of the Russian Federation, an allowance in the amount of 2 percent of the salary for a military position is paid for each day of participation in these events, but not more than 60 percent of the salary for a military position per month.
This is about field money.
Moreover, you should be appointed to the position when obtaining access to state secrets, as you yourself noted. According to the order of the Ministry of Defense of the Russian Federation 1313
12. Registration of access to state secrets to a person planned for military service (work) in another military unit (organization), in a position providing for his access to state secrets, and who does not have access to the appropriate form, is carried out in a military unit (organization) in which the person will perform military service (work). For these purposes, the personnel department (employee, lead personnel work) military unit (organization)<*>who draws up documents for appointment to a position, sends (in advance) to the address of the military unit to which it is planned to appoint such a person, the documents necessary for registration him access to state secrets.
At the same time, it is worth distinguishing between two points - appointment to a position and acceptance of affairs and positions, i.e. actual access to information constituting the state. secret. In fact, you were not admitted to the specified information, but this did not serve as an obstacle to issuing an order to appoint you to the position.
You yourself say that
At the end of November 2016 appointed to office by order of the commander of the army
Konstantin
Thus, if there is an order for appointment to a position, then you should be made all the monetary payments corresponding to this position, constituting a monetary allowance (with the exception of additional payments related to work with documents constituting a state secret).
According to the order of the Ministry of Defense of the Russian Federation 2700
7. Monetary allowance due to a serviceman and not paid in a timely manner or paid in a smaller amount than it should have been paid for the entire period during which the serviceman was entitled to it, but not more than three years preceding the application for monetary allowance.
Other additional payments are paid if the application for receipt followed before the expiration of three years from the date of the emergence of the right to them.
In this regard, for starters, it is worth submitting a report on additional accrual and payment of monetary allowance in full. In case of refusal to pay, the issue will have to be resolved in court.
General provisions
In accordance with the requirements of the Charter of the Internal Service of the Armed Forces of the Russian Federation, each officer appointed to a position is obliged to accept it.
The appointment of a position is carried out in order to increase the responsibility of the commander (chief) for the condition of the unit (service).
In addition, the act of acceptance and delivery of cases and positions allows the recipient to determine the true state of affairs in the unit (service), including existing losses and shortcomings in weapons and military equipment and property.
In the course of accepting a position, each officer must show competence, adherence to principles, and high responsibility.
Officers who graduated from military schools (transferred from one unit to another) are presented to the unit commander and his deputies. After the presentation to the commander of the unit, a conversation is held with the officers, during which their appointments to positions are determined.
Subsequently, the officers introduce themselves to their immediate superiors. The presentation to the officers and personnel of the unit is carried out at the next service meeting or formation.
During the presentation, the immediate supervisor is obliged to conduct a conversation with the newly appointed officer in the presence of the handing over the case and position on the following issues:
- characterizes the state of affairs in the unit;
- brings progress made and existing shortcomings in the unit, which must be eliminated first;
- brings the main and particular tasks facing the unit;
- gives a complete description of officials (sergeants), military personnel called up under the contract, if necessary, to each conscript soldier;
- determines the time and place of presentation to the personnel of the unit.
It is advisable for a newly appointed officer to carry out work on receiving cases and the position of unit commander in the following sequence:
- to reconcile the data on the number of personnel, weapons and military equipment and property registered in the accounting books in the unit with the data of the relevant services of the senior commander;
- conduct a direct reception of cases and positions;
- document the results of the acceptance of cases and positions.
Reception of cases and positions is carried out on the basis of an order for a military unit and a plan approved by the immediate superior. The plan is a mandatory document when accepting a position and includes the following activities:
- order of hearing reports officials(for the commander of an automobile platoon, these will be the deputy platoon commander and squad leaders, whose positions can be occupied by military personnel under the contract, and not just conscript sergeants);
- sequence and timing of verification of weapons and military equipment and materiel;
- the time of compiling statements of the availability and quality of weapons and military equipment and materiel.
The terms for accepting the position of unit commander may be as follows:
- company commander - no more than 5 days;
- platoon leader - 3 days.
The unit commander accepts the position personally, on the basis of the plan for accepting cases and the position, in the following sequence:
- accept the personnel of the unit. To study his moral and psychological state and the level of military discipline;
- accept weapons and military equipment, determine their availability and condition;
- to accept the material resources listed for the unit according to the books of account;
- to determine the state of combat readiness and combat training of the unit;
- to accept the premises of the subdivision of the assigned area of the territory;
- accept the documentation of the department.
Working hours and other issues
The sequence of actions taken when accepting a position in each specific case may be different, because it depends on the conditions of the situation and the tasks that the unit is solving. In all cases, the work on accepting a position must be organized in such a way as to prepare a report and an act of admission by the deadline.
In case of a forced delay in admission, the incumbent is obliged to report this to his immediate commander (chief).
Reception of personnel
Reception of personnel is the most important direction work when receiving cases and positions as a unit commander.
To do this, you must personally verify in the combat unit how many personnel are in the state in the unit, clarify where and for what reasons the military personnel are separated from the unit, check by family name, each soldier recorded in the personnel register (form No. 1) . Next, the unit commander conducts the reception of personnel in the following sequence
1 Check the accounting of personnel according to the combat training log (form No. 2) of the platoon, the personnel registration book (form No. 1) and the personal list of personnel for the production of evening verifications (form No. 1-VP).
At the same time, he must know for sure:
1.1. In the department, crew, military personnel are personally accounted for by the commanders of departments, crews in accordance with their official assignment. Lists of personnel in these units are not compiled.
1.2. In a platoon, for all military personnel in the journal of combat training of the platoon, and in the absence of such a journal, a personal list is kept in the service notebook in the form No. 1-a.
1.3. In the company, personnel records are kept in the book in the form No. 1, and for evening verifications of sergeants and soldiers, foremen and sailors undergoing military service on conscription, in addition, a personal list is kept in the form No. 1-VP.
1.4. The battalion conducts:
for the personnel of the battalion administration and special subunits (platoons) subordinate to it - a book of accounting for personnel in the form No. 1;
for the entire personnel of the battalion - a book of staffing records of personnel in the form No. 4.
1.5. The following documents are maintained at the headquarters of the military unit for all personnel:
book of alphabetical accounting of personnel (form No. 2);
a book of alphabetical registration of military personnel serving under a contract (form No. 3);
book of staff and official records of personnel (form No. 4);
accounting book for temporarily absent and temporarily arrived personnel in the military unit (form No. 5);
registration and service cards for sergeants and soldiers, foremen and sailors undergoing military service on conscription (form No. 6);
personal cards (form No. 1-2) and work books for civilian personnel;
daily statement (form No. 8);
personal files on officers, ensigns, midshipmen, sergeants and soldiers, foremen and sailors, undergoing military service under the contract;
a list of staffing of a military unit by personnel by positions, specialties and terms of conscription in an arbitrary form;
journal of control over the state of accounting for personnel (form No. 32).
2 Get acquainted with the progress of the combat training of the unit, the level of implementation of the program and the main shortcomings indicated by the senior commander during its implementation.
To do this, the commander of the unit accepting the case and position can use:
the results of the combat training of the personnel of the subunit, reflected in the journal of combat training, platoon, company;
statements of the results of the conducted control classes in the unit;
information received from the immediate commander during the first conversation and from the subordinate sergeants of the unit.
3 Assess the state of military discipline and the morale of the personnel on service cards, as well as on the basis of introductory conversations with personnel, sergeants and senior commanders.
Studying subordinates in the course of accepting cases and positions, the unit commander uses information received from the immediate superior and subordinate commanders. When conducting individual conversations with subordinates, he should find out:
general information;
the orientation of the personality and the motives of the warrior's behavior;
relationships with other military personnel;
ability and achievement;
social activity.
General information:
Military rank, surname, name, patronymic, year, month, date and place of birth and conscription;
occupation before the army, specialty, time and place of work;
whether transferred from another military unit, reason for relocation, education and general intellectual development(outlook), abilities and inclinations, speech development (vocabulary, ability to express speech orally and in writing);
nationality;
social class origin (from the family of a military man, employee, worker, intellectual, peasant);
information about parents and close relatives (full or incomplete family composition, in the absence of parents - who was involved in education, their place of residence, occupation, services to the Motherland). These include: father (stepfather), mother (stepmother), brothers, sisters, grandfather, grandmother, guardians;
general physical development (health, past illnesses, injuries, how often he is prone to diseases, what sports he did, what are the results, what physical disabilities he suffers from, how it morally affects;
marital status (single, married, having children, wife's occupation, residential address).
When familiarizing himself with the conditions of life and upbringing in the family, the unit commander is obliged to find out in detail (whether he was brought to the police, whether he was brought to justice and for what, did he ever use drugs, did he have a connection with women, was he subject to venereal diseases, whether there were suicidal phenomena among close relatives and how he himself relates to this, whether he is prone to drinking alcohol, what is his attitude towards military service, whether there are friends, who they are and what their attitude to military service is.
Is there a girlfriend, and how long does the relationship last, is there correspondence, what are the general plans for the future.
The orientation of the personality and the motives of the behavior of a serviceman:
dominant purposefulness, basic needs, interests, views, inclinations, ideals, beliefs, life position, behavioral motives in the process of service, combat training, in everyday life;
understanding of the state importance of the tasks performed by the Armed Forces of the Russian Federation, attitude to mastering one's military specialty (responsible, indifferent, negligent);
manifestation of initiative, creativity, independence, attitude to rewards and penalties from commanders, attitude to guard duty, various chores, as it shows initiative and creativity;
attitude to the conservation and storage of weapons, entrusted equipment;
personal organization and discipline in work, what types of work he prefers;
satisfaction with living conditions, food and other types of allowance;
what military disciplines are you most passionate about and why;
what are the plans for the future after the end of military service (go to college, get a good specialty and get a job);
how he spends his free time (reading fiction, watching TV, writing letters to home and friends, girlfriend, sleep).
Relationships with other military personnel:
whether there are conflicts with fellow employees and what is their cause;
relationships with junior commanders, with officers, whether he is satisfied with his position in the team and what position he would like to take, whether he values \u200b\u200bthe traditions of his unit;
relationships and contacts with comrades, acquaintances outside the unit, with whom he keeps in touch and how often he corresponds with friends, the manifestation of military camaraderie and mutual assistance.
Ability and Achievement:
mental and physical abilities;
mastering the duties of the service;
performance in the subjects of combat and social-humanitarian training, what is the attitude towards their results, the peculiarities of attention and interest in technology, weapons;
speed and strength of memorization;
sports, artistic, musical and other abilities.
Public activity:
attitude to public life, the work and tasks of his unit (values it, is proactive, indifferent, has a negative attitude, avoids it in every possible way);
participation in the life of the team (has permanent assignments, does not carry out any assignments and has no social obligations);
interest in life, the country and international events (reads newspapers constantly, occasionally, does not read at all, etc.);
participation in cultural activities.
In order for an informative conversation to be successful, the following rules must be observed:
at the beginning of the conversation, be sure to ask about the health of parents and relatives, find out when the last letter from home was (correctly ask what they write about);
the conditions and place of the conversation should be conducive to a confidential conversation;
when talking, do not take any notes, try to remember more information and make entries in the pedagogical diary with a mandatory conclusion, only after the conversation.
Form questions simply and clearly, without interrupting, listen to the subordinate to the end, avoid an instructive and commanding tone.
At the end of the conversation, find out what complaints, requests, statements, suggestions are.
A deep study and knowledge of one's subordinates is the most important condition for the moral and psychological state of the personnel and military discipline in the unit, it enables the commander to more successfully conduct individual educational work and positively influence the student.
The procedure for receiving weapons and ammunition
Accounting, storage and issuance of small arms and ammunition in the unit is organized and carried out in accordance with the requirements of the general military regulations of the Armed Forces of the Russian Federation, order of the RF Ministry of Defense of 1996 No. 90, directive of the General Staff of the Armed Forces of the Russian Federation of 1998 No. 31 of the First Deputy of the Ministry of Defense of the Russian Federation No. 332/500 2002.
Before accepting cases and positions, the unit commander is obliged to study these guidelines and strictly follow them.
According to Article 15 of the "Instructions for organizing small arms and ammunition for them, as well as engineering ammunition in the Armed Forces of the Russian Federation" put into effect by order of the Ministry of Defense of the Russian Federation No. 90 dated February 28, 1996, accounting for small arms and ammunition in units is carried out according to the following documents:
according to the inventory list of fixed assets (OS-13 form);
according to the warehouse accounting book (form M-17);
according to the book of issuance of weapons and ammunition;
according to the list of assignment of weapons to personnel;
according to the book of accounting for material assets issued for temporary use (form No. 37);
according to the distribution and delivery list of ammunition at the combat power point (form 9).
under the write-off act (form 11).
In the write-off act (form 11), small arms are accounted for as a complete set, by types and samples, together with an individual set of spare parts and accessories attached to it. There are several pages for each type of weapon (depending on the movement of weapons). At the end of the book, several sheets are provided for keeping a camera record of all weapons.
Ammunition for weapons is accounted for by nomenclature, indicating the type of caliber, bullet action, factory number and year of manufacture.
Account books are kept by the foreman (commander) of the unit.
Small arms are assigned to personnel against signature in the list of assignment of weapons to personnel. The statement is compiled for each period of training and is stored together with the book of accounting for the availability and movement of material resources with the foreman (commander) of the unit.
The small arms assigned to the military personnel are recorded in a military ID (identity card) indicating the sample, series, weapon number and date of issue. Each entry on the issuance and surrender of weapons is certified by the signature of the unit commander and sealed with the official seal of the military unit.
It is not allowed to store loose weapons in the unit.
The unit commander accepts weapons and ammunition in the following sequence:
write out from the accounting books (forms OS-13, M-17) the types, series and numbers of weapons, batches and years of manufacture of ammunition, the number of pyramids, safes, boxes and other equipment registered with the unit;
check by personal inspection the presence and condition of weapons individually, by numbers and completeness, as well as the number and numbers of ammunition series, as well as other property;
check the compliance and correctness of filling in, the presence of murals in the list of assigning weapons to personnel, the presence and compliance of inventories in the pyramids with weapons and in boxes of ammunition, the presence and correctness of filling out magazine reloading schedules;
if there are shortcomings, take measures to eliminate them (if necessary, immediately report to the immediate supervisor), bring the accounting, availability, condition and storage of weapons and ammunition in accordance with the requirements of Order No. 90-1996 of the Ministry of Defense of the Russian Federation.
Subdivision documentation acceptance procedure
Accounting for the availability, movement and quality of material resources in the subunit is organized by the subunit commander.
When accepting cases and positions, the unit commander needs to know that records in the unit are kept according to the following documents:
- Delivery and distribution list of ammunition at the ammunition depot (form No. 9).
- Act on the write-off of inventories (form 230).
- Warehouse accounting book (form M-17).
- Inventory list of fixed assets (OS-13 form).
- Account card for material assets for personal use (form 45).
- Book of accounting for material assets issued for temporary use (form 37).
- Incompleteness card (form 46).
- Description of material resources.
The department also conducts:
book of issuance of weapons of ammunition;
book of inspection (checking) of weapons, military equipment and ammunition;
forms and passports for equipment and weapons.
Accounting for material assets (except for armored vehicles, vehicles and property, as well as engineering technology and fuel) is conducted by the foreman of the company as a whole for the unit in the inventory book (form M-17) and the inventory list of fixed assets (form OS-13), where for each type of material assets (weapons, ammunition, engineering equipment, communications equipment, clothing , apartment-operational, etc.) separate sections are allocated.
Accounting for armored, automotive equipment and property, as well as engineering equipment and fuel in a subunit located or operating with its own military unit is not kept, but is kept in the relevant services of military units.
In each accounting book, the sheets are numbered, laced, sealed with a mastic seal “For packages” of a military unit. The number of sheets is certified by signatures: in the accounting book maintained in units - by unit commanders
In the accounting book, for each item of material resources, depending on the frequency of entries, a certain number of pages are allocated. The order of recording names should correspond to the sequence provided for in the forms of reports and reports. At the beginning of the accounting book, its contents are shown, which sequentially reflects the names of material assets and the page numbers allocated for them.
Entries in the accounting books of material assets are made only on the basis of original, legally and correctly executed primary documents (waybills and orders).
The results of the receipt (expenditure) of material resources in the accounting books are carried out by reporting periods and for the year, as well as during inventories, audits, transfer of positions to financially responsible persons and in other necessary cases.
The results are underlined with a red line (annual results - two lines) and are certified by the signatures of the person responsible for the state of accounting and the person directly keeping records.
Entries in the accounting books on the reconciliation of the balances of material resources are made in the manner specified in the explanations to the forms of documents (in accordance with the Order of the RF Ministry of Defense).
Accounting documents must be drawn up and maintained legibly, without blots and erasures. To correct errors made during entries, incorrect numbers or words are crossed out with a thin line so that the crossed out can be read, and the correct numbers or words are written under it. The signature of the official on the correction in the primary document is certified by the appropriate seal.
The procedure for receiving material resources
The material assets that are registered with the company by service are accepted on the basis of the data reflected in the inventory book (form M-17) and the inventory list of fixed assets (form OS-13), after reconciliation in the relevant services. They must be in good condition (form), complete and correspond to the category (length of service), located in storage places.
The commander of the unit accepting cases and the position must know that at the time of acceptance, all materiel must be in the unit.
All temporarily missing material resources must be entered in the relevant documents.
Reception of the premises of the unit and the assigned area of the territory is carried out by external inspection. Deficiencies that cannot be eliminated in the course of admission are recorded in acts. The educational and material base is accepted according to inventories and accounting books.
For platoon commanders, the same sequence of reception is acceptable as for company commanders. Only they do not conduct reconciliation in the services, but they accept positions based on the data of the company commander, who indicates to them what and in what quantity is assigned to the platoon.
In addition, the platoon commander studies the following questions during the period of taking up the position:
order of action of a platoon on alarm;
the sequence of carrying outfits and the number of personnel involved;
the procedure for the dismissal of personnel from the location of the unit;
What premises and territories are assigned to the platoon and the procedure for their cleaning;
Drawing up an act of acceptance of cases and the position of the unit commander
When accepting cases and positions, and drawing up an act of acceptance (surrender), the receiving and surrendering unit commander, their immediate commander (chief) must be guided by:
Charters of the Internal Service of the Armed Forces of the Russian Federation, where article 89 states: the commander of the unit receives cases and positions personally on the basis of an order from a military unit.
By order of the Minister of Defense of the Russian Federation "on the approval of the Guidelines for the military (ship) facilities in the Armed Forces of the Russian Federation"
Acceptance (delivery) of cases and positions by officials responsible for economic activity, is drawn up by the act of acceptance of delivery) of cases and positions. Inventory sheets are attached to the act of acceptance (delivery) of cases and positions, as well as explanations (if necessary) of officials about the reasons for the formation of shortages, surpluses, justification for attrition, etc. In cases where the person who is handing over or receiving the case and the position has objections or comments on the act, he sets them out in writing in the act when it is drawn up. The senior commander, when approving the act on the acceptance (delivery) of cases and positions, must consider the existing objections and comments, make a decision on them and include them in each copy of the act.
Clause 244 of the Order of the Minister of Defense of the Russian Federation No. 222 - 2004
The act of accepting cases and positions, as well as inventory sheets, are signed by the persons accepting and handing over cases and positions, as well as persons of the inventory commission. In addition to the indicated officials, the acts are signed by the persons who have accepted the material assets for safekeeping.
Acts are approved:
when accepting cases and positions by the commander and foreman of the unit - senior commander.
The immediate superiors are entrusted with the organization and high-quality conduct of the acceptance (delivery) of cases and positions by subordinate officials.
The incoming commander of the unit, together with the report, submits an act on the admission of the unit (Appendix 1), which indicates:
payroll and cash composition of the unit;
state of combat and mobilization readiness, combat training;
the moral and psychological state of the personnel and the state of military discipline;
availability and condition of weapons, military equipment and other materiel;
the state of housing and living conditions of servicemen;
conclusions and offers.
Attached to the act:
a statement of the availability and quality state of material resources by service, indicating the availability, quality state of material resources by service, indicating the availability, quality state, surpluses and shortages;
a statement of the availability and technical condition of automotive equipment and spare parts;
statement of incompleteness of automotive equipment and spare parts;
explanation of the handing over case and position about the reasons for the formation of shortages, surpluses and the presence of shortcomings (breakdowns that have not been eliminated, understaffing and the absence of any piece of equipment, units and mechanisms for it) and shortcomings in work.
The explanatory note must contain the following information:
the exact date and time when the breakdown, loss, theft, etc. occurred;
What was the task of the unit at that time?
Who is the direct culprit, the executor and his immediate commander (chief)?
To whom and when was the incident reported?
What decision and what measures were taken to eliminate breakdowns, restore the lost and stolen.
plan (calendar plan) for receiving cases and positions.
The decision to eliminate shortcomings in the act of acceptance (surrender) of a position must be made by a higher commander (chief) no later than ten days. In the event that an administrative investigation is conducted based on the results of shortages, the decision to bring the perpetrator to justice liability must be accepted no later than one month from the date of completion of the investigation. The person handing over the position departs to the new duty station after the approval of the act of acceptance (surrender) of the position by the senior chief.
After the acceptance report, the new unit commander officially assumes command of the unit.
PROCEDURE FOR ACCEPTANCE OF CASES AND POSITIONS OF THE UNIT COMMANDER
An analysis of the appeals of persons dismissed from military service to the courts and the military prosecutor's office for the protection of their rights indicates the need for a detailed explanation of the procedure for excluding discharged military personnel from the lists of personnel of military units and conducting settlements with them. In accordance with Article 38 of the Federal Law of March 28, 1998 No. 53-FZ "On military service and military service" the end of military service is the date of exclusion of the serviceman from the lists of personnel of the military unit. A dismissed serviceman must be excluded from the specified lists on the day of the expiration of the term of military service (early dismissed - no later than the day the term of military service expires) and no later than one month from the day the extract from the order on dismissal from military service was received by the military unit, except for cases , specially provided for by law (being on vacation, in hospital treatment, etc.). necessary calculations, including with full provision of monetary allowances, other payments, clothing items and, in some cases, food rations according to established norms. The procedure for handing over cases and positions is determined by Articles 90–92 of the Charter of the Internal Service of the Armed Forces of the Russian Federation. The deadline for submitting cases is set depending on the official position of the serviceman. For persons whose positions are not specified in Article 90 of the said Charter, this period is determined by the senior commander (chief). In accordance with the order of the Minister of Defense of the Russian Federation dated December 30, 2011 No. with a dismissed serviceman must be made within five days. According to Article 34 of the Regulations on the procedure for performing military service, approved by Decree of the President of the Russian Federation of September 16, 1999 No. consent is not excluded. In a number of cases, military personnel are provided with all or certain types allowances not at the place of service, but in other military units or organizations. However, this circumstance does not relieve the commanders of military units from the obligation to exclude such servicemen from the lists of personnel of the unit upon dismissal from service only after they receive the allowances due. It should be specially noted that the failure of the command to comply with this condition in most cases in practice is an unconditional basis for the court to recognize the order to exclude a serviceman from the lists of personnel of the military unit as illegal and to restore the serviceman to the lists of personnel of the military unit from the date of issuance of such an illegal order. Federal Law No. 306-FZ of November 7, 2011 “On the monetary allowance of military personnel” provides for the payment of a one-time allowance to dismissed military personnel upon dismissal, depending on the total duration of their military service: with less than 20 years of service - two salaries of monetary maintenance, 20 years or more - seven salary salaries. The amount of this allowance is increased by one salary for military personnel awarded state awards or awarded honorary titles of the USSR or the Russian Federation during the period of military service. The specified allowance is not paid to the following persons: dismissed in connection with the transition to the service in other government bodies who did not pass the test, as well as those dismissed on the so-called "discrediting grounds" - for example, in connection with the failure of the military to fulfill the terms of the contract. In accordance with Decree of the Government of the Russian Federation of June 22, 2006 No. federal bodies executive power, in which federal law provides for military service, in peacetime "servicemen of the Armed Forces of the Russian Federation, dismissed due to age, after the expiration of military service, for health reasons, in connection with organizational and staffing measures, according to own will, in connection with the transition to service in other bodies, as well as the total duration of military service of which is more than 20 years, are entitled to monetary compensation for non-received personal property, the right to receive which arose during the last 12 months of military service. In accordance with Articles 29 and 31 of the Regulations on the procedure for passing military service upon dismissal, the provision of vacations to a serviceman is carried out in full until the day the term of his military service expires. between holidays. In this case, the exclusion of a serviceman from the lists of personnel of the military unit is carried out at the end of the last of the holidays and after the surrender of affairs and positions. The main leave is granted in proportion to the time served and is calculated by dividing its established duration by 12 and multiplying the received number of days by the number of full months of military service that have elapsed before the expected day of exclusion of the serviceman from the lists of personnel of the military unit. The number of incomplete days and months is rounded upwards. Additional leave in the year of dismissal from military service, including veterans of military operations, is provided to military personnel in full. In addition, the legislation provides for leave for personal reasons lasting 30 days, which is granted to military personnel with a total duration of military service of more than 20 years, in the year of dismissal from military service for health reasons, in connection with organizational and staffing events, or in one year from three years before reaching the age limit for military service. The actions of commanders (chiefs) related to the violation of the procedure for exclusion from the lists of personnel of a military unit may be appealed by military personnel to a higher commander (chief), a military prosecutor or in court. In accordance with Article 219 of the Code of Administrative Procedure of the Russian Federation, an administrative statement of claim must be filed with the court within three months from the date when the serviceman became aware of the violation by the command of his rights, freedoms and legitimate interests. Missing the deadline for applying to the court without a good reason, as well as the impossibility of restoring the missed (including for a good reason) deadline for applying to the court is the basis for refusing to satisfy the administrative claim. Photo: Alexey Ivanov/Zvezda shopping mall
Order of the Minister of Defense of the Russian Federation of 03.06.2014 N 333 "On approval of the Guidelines for the military (ship) facilities in the Armed Forces of the Russian Federation" (Registered in the Ministry of Justice of Russia on 19.09.2014 N 34097)
VIII. The procedure for acceptance (delivery) of cases and positions by persons responsible for economic activities
VIII. PROCEDURE FOR RECEPTION (DELIVERY) OF CASES AND POSITIONS BY PERSONS,
RESPONSIBLE FOR ECONOMIC ACTIVITIES
196. All officials responsible for economic activities, upon appointment to a position or transfer to a new place of service, must personally accept and hand over cases and positions.
197. For the acceptance (delivery) of cases and positions, starting from the head of the service of the formation (military unit) and above (as well as the director (head) of the bakery and his equals), an inventory commission (hereinafter referred to as the commission) is appointed by order of the commander of the formation (military unit) . When accepting (surrendering) cases and positions by the commander of a formation (military unit), the commission is appointed by order of the senior commander (chief).
Acceptance of cases and positions from the donor is carried out personally by the receiver of cases and positions in the presence of the commission.
Acceptance (delivery) of cases and positions includes:
study by the host of the case and the position of the state of the military (ship) economy (service), acquaintance with the officials responsible for economic activities;
comparison of the data of the logistics service on the availability of material assets according to the fixed nomenclature with the accounting data of the supplying authorities for their compliance;
transfer by the person handing over cases and position, and at the same time checking and acceptance by the person accepting cases and position, material assets, as well as documents;
documentary registration of acceptance (delivery) of cases and positions.
198. Acceptance (delivery) of cases and positions is carried out in accordance with the calendar plan for the acceptance (delivery) of cases and positions (hereinafter referred to as the calendar plan) (Appendix N 10 to this Guide), jointly developed by the host and handing over cases and positions and the chairman of the commission.
199. Calendar plan should provide for the implementation of all activities within the time allotted for the acceptance (delivery) of cases and positions.
The schedule defines:
the sequence and timing of hearing reports of officials subordinate to the person handing over the case and position;
the sequence and timing of the inspection of individual services and various facilities of the material and technical base;
deadlines for completing the accounting of all incoming and outgoing transactions in books and cards in accordance with the documents issued on the instructions of the person handing over the case and position;
the timing of the removal of the remnants of material assets for individual services and facilities of the material and technical base.
The calendar plan is approved by the senior commander of the official in charge of business and position.
200. The deadline for acceptance (delivery) of cases and positions by persons responsible for conducting business activities is established from the moment of signing the order of the commander of the unit (military unit) on the acceptance (delivery) of cases and positions in accordance with the Charter.
201. Management of economic activity in subordinate services (service, division) until the end of the acceptance (delivery) of cases and positions (until the approval of the act) is carried out by the handing over cases and position. At the time of acceptance (delivery) of cases and positions, the current work of warehouses, as a rule, stops. The issuance of material values during this period is made only with the written permission of the host of the case and the position or chairman of the commission.
202. The commission of the unit (military unit) appointed for the acceptance (delivery) of cases and positions, in the presence of the accepting and handing over cases and positions, shall:
inventory of material assets to be accepted by a newly appointed officer of a formation (military unit);
inventory of warehouses and other facilities of the material and technical base and reconciliation of credentials with the actual availability and quality of material assets.
203. Acceptance (delivery) of cases and positions by officials responsible for economic activities is documented by an act of acceptance (delivery) of cases and positions (Appendix N 11 to this Guide). The act of acceptance (delivery) of cases and positions is accompanied by inventory materials, as well as explanations (if necessary) of officials about the reasons for the formation of shortages, surpluses, justification of natural loss. In cases where the person handing over or accepting cases and positions has objections or comments on the act of acceptance (delivery) of cases and positions, he sets them out in writing as an appendix to the act of acceptance (delivery) of cases and positions when it is drawn up. The senior commander, when approving the act of acceptance (delivery) of cases and positions, must consider the existing objections and comments, make a decision on them, about which to make an appropriate entry in each copy of the act of acceptance (delivery) of cases and positions.
Acceptance (delivery) of cases and positions by the commander of a formation (military unit) is carried out in accordance with the Charter.
204. The act of acceptance (delivery) of cases and positions, as well as inventory materials, are signed by the persons accepting and handing over cases and positions, as well as members of the commission. In addition to these officials, acts of acceptance (delivery) of cases and positions are signed by persons who have accepted material assets for safekeeping.
Acts of acceptance (delivery) of cases and positions are approved:
when accepting (surrendering) cases and positions by deputy commanders and heads of military branches and services of a formation - by the commander of the formation;
when accepting (surrendering) cases and positions by deputy commanders and heads of military branches and services of a military unit - by the commander of a military unit;
Question:
Hello! I was assigned as a platoon leader in a separate battalion. Upon arrival at the battalion, the battalion commander said to start taking over cases and positions, but there was no order for the unit! When receiving equipment, it was discovered that there were no forms for all equipment (under the pretext of losing them), I wrote a report on the appointment of a commission! The acts of acceptance of equipment were drawn up upon availability, for all services. There is still no order for the part to accept cases and positions! It's been 2 weeks now and I still have them. No one asks them anymore, I did not write a report on the acceptance of affairs and positions! But I am already fully fulfilling the duties of a platoon commander, I go to the outfits and receive a salary according to the position. The question is, for example, if a check will come using the same technique, what does this threaten me with? In fact, I did not accept the technique, there are no my acts!
Victor, Moscow region
Answer:
Victor, hello. In accordance with paragraphs. 194 - 202 of the "Guidelines for the military (ship) economy in the Armed Forces of the Russian Federation", approved by Order of the Minister of Defense of the Russian Federation of August 27, 2012 No. 2222 "On approval of the leadership for the military (ship) economy in the Armed Forces of the Russian Federation", all officials upon appointment to position or transfer to a new duty station must personally accept and hand over cases and positions.
For the acceptance (delivery) of cases and positions, starting from the head of the service of the formation (military unit) and above, a commission is appointed by order of the commander of the formation (military unit).
Reception of cases and positions is carried out personally by the host from the surrendering person in the presence of the commission.
Acceptance (delivery) of cases and positions includes:
study by the host of the state of the military (ship) economy (service), familiarization with the officials responsible for economic activities;
comparison of the data of the logistics service on the availability of material assets according to the fixed nomenclature with the accounting data of the supplying authorities for their compliance;
transfer by the person who is handing over the position, and at the same time checking and receiving by the person taking the position, material assets, as well as documents;
documentary registration of acceptance (delivery) of cases and positions.
The deadline for acceptance (delivery) of cases and positions by persons responsible for conducting economic activities is established from the moment of signing the order of the commander of the formation (military unit) on the acceptance (delivery) of cases and positions in accordance with the Charter.
Acceptance (delivery) of cases and positions by officials responsible for economic activities is documented by an act of acceptance (delivery) of cases and positions (Appendix No. 11 to this Guide). The act of acceptance (delivery) of cases and positions is accompanied by inventory materials, as well as explanations (if necessary) of officials about the reasons for the formation of shortages, surpluses, justification for attrition, etc. In cases where the person handing over or accepting cases and positions has objections or comments on the act of acceptance (delivery) of cases and positions, he shall state them in writing in the act of acceptance (delivery) of cases and positions when it is drawn up. The senior commander, when approving the act of acceptance (delivery) of cases and positions, must consider the existing objections and comments, make a decision on them and include them in each copy of the act of acceptance (delivery) of cases and positions.
Acceptance (delivery) of cases and positions by the commander of a formation (military unit) is carried out in accordance with the Charter.
The act of acceptance (delivery) of cases and positions, as well as inventory materials, are signed by the persons accepting and handing over cases and positions, as well as members of the inventory commission. In addition to these officials, acts of acceptance (delivery) of cases and positions are signed by persons who have accepted material assets for safekeeping.
Acts of acceptance (delivery) of cases and positions are approved:
upon acceptance (delivery) of cases and positions by deputies (assistants) of the commander and heads of services of the formation - by the commander of the formation;
upon acceptance (delivery) of cases and positions by deputies (assistants) of the commander and chiefs of services of a military unit - by the commander of a military unit;
when accepting (surrendering) cases and positions by the commander and foreman of subdivisions - by the senior commander;
when accepting (surrendering) cases and positions by the head of a warehouse, workshop, bakery (bakery), canteen - by the commander of a military unit.
On the acceptance (delivery) of cases and positions, a report is submitted to the immediate supervisor.
The immediate superiors are entrusted with the organization and high-quality conduct of the acceptance (delivery) of cases and positions by subordinate officials.
According to paragraph 16 of the Order of the Minister of Defense of the Russian Federation dated December 30, 2011 No. 2700 (as amended on February 25, 2012) "On Approval of the Procedure for Providing Monetary Allowance to the Military Personnel of the Armed Forces of the Russian Federation", from the day they take up duties in military positions, military personnel are paid salaries according to occupied military positions in accordance with the tariff categories indicated in the states of military units, except for the cases provided for by this Procedure.
Victor, judging by the fact that you are paid your allowance in accordance with the position you hold, the order to accept the specified position by you has taken place.
On the shortcomings identified during the acceptance of cases and positions, you should report with the application of the act of acceptance of cases and positions.
Alexander Tomenko, military lawyer
