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A year before dismissal due to the age limit, I submitted a report on command and put it on incoming. Training twice a year for four months, the first time February - May, the second September - December. Since I quit in October, I planned to go in February accordingly. The personnel (there is a specific person) delayed for a month the preparation and sending of documents to the place of training. Having called the educational institution, I realized that even after sending a letter by 1st class air, I was not included in the list of students for February (for personal money, I sent the letter myself, hoping that it would arrive before consideration and enrollment in the list). According to the order of October 21, 2015 No. 630 of the Ministry of Defense of the Russian Federation, a military personnel in the year of dismissal from military service upon reaching the age limit for military service, the expiration of military service, health conditions or in connection with organizational and staffing events (hereinafter referred to as military personnel) without charging them tuition fees and maintaining all types of allowances. There is an example when a serviceman went to study two months before the end of his service, did not finish his studies because he was fired (excluded from the lists of the unit), he went to pass his work and position, and the educational institution expelled him, saying that they were not going to wait until he passed his work and position (he was counted out).

How to undergo retraining “while maintaining all types of benefits”, having gone to study, probably already in September (do they have the right to fire me in October?

How to put and who to answer that they delayed the processing of the document, because even if the documents were completed a week earlier, they would have been at their destination on time!

Where to find the truth, because you only owe it to the commander!

Lawyers' answers

Timofeev Ivan Alexandrovich(02.12.2016 at 16:44:18)

Good afternoon According to clause 4 of Art. 19 Federal Law "On the Status of Military Personnel" - citizen-military personnel undergoing military service, whose total duration of military service is 5 years or more (not counting the time of study in military professional educational organizations and military educational organizations of higher education), in the year of dismissal from military service upon reaching they have the right to undergo professional retraining in one of the civilian specialties without charging them for training and while maintaining the provision of all types of allowance in the order and on conditions determined by the Ministry of Defense of the Russian Federation (another federal executive body that provides for military service), lasting up to 4 months. If these military personnel are discharged from military service during the training period, they have the right to complete their studies free of charge. Thus, the main thing for you is to do this... and if you are fired, the educational institution does not have the right to expel you. The law is on your side, all allowances are retained upon admission. I would be grateful for your assessment of the answer [email protected]

Anatoly K.(02.12.2016 at 16:45:53)

Hello, Dear Evgeniy, regarding the essence of the question you asked: The right to education is guaranteed by Article 19 of the Status Law and the Constitution of the Russian Federation. You are unlikely to find the truth in such cases, you understand this yourself. I don’t think it will be possible to get anyone to answer, they will do everything retroactively and run it through the outgoing ones in the journal, citing the poor performance of the Russian Post. Costs associated with training military personnel under professional retraining programs are included in the cost estimate of a military educational institution. They have no right to fire you in October.

Degtyareva A.G.(02.12.2016 at 18:47:26)

Good evening, Evgeniy!
There is no need to despair, you need to boldly go towards your goal and remember that winning the case depends on your actions and a well-structured position in protecting your rights. Therefore, let's analyze the situation and the law in order, and then draw a conclusion.

As far as I understand, you are leaving at the end of your contract and have expressed a desire to undergo professional retraining in a civilian specialty.

Paragraph 4 of Article 19 of Federal Law No. 76-FZ of May 27, 1998 “On the status of military personnel” provides that the implementation of a professional retraining program is aimed at obtaining the competence necessary to perform a new type of professional activity and acquiring new qualifications.

According to the Federal Law “On the Status of Military Personnel,” contract military personnel have the right to undergo professional retraining for up to four months in one of the civilian specialties without charging them for training and while maintaining all types of allowance.
Moreover, such a right is granted to military personnel whose total duration of military service is five years or more (not counting the time of study in military professional educational organizations and military educational organizations of higher education),

The right to pass prof. Military personnel have retraining in the year of dismissal from military service upon reaching the age limit for military service, expiration of military service, health conditions or in connection with organizational and staffing measures.

If these military personnel are discharged from military service during the training period, they have the right to complete their studies free of charge.

The procedure and conditions for retraining are determined by the Ministry of Defense of the Russian Federation and another federal executive body in which military service is provided for by federal law.

Order of the Minister of Defense of the Russian Federation dated October 21, 2015 No. 630, to which you refer, defines the procedure and conditions for professional retraining in one of the civilian specialties of certain categories of military personnel - citizens of the Russian Federation, performing military service under a contract - Appendix 1 to the said order.

In accordance with paragraph 8 of the Appendix, for military personnel who have been assigned a full-time or part-time form of study in an educational organization by notification, the commander (chief) of a military unit issues a referral (Appendix No. 3 to this Procedure) and issues an order to send the serviceman for professional retraining.

Military personnel sent for professional retraining arrive at educational organizations by the established deadline.
For military personnel who have been assigned a correspondence course of study by notification, the personnel body informs them of the start dates and place of professional retraining, which are established by it in agreement with the head of the educational organization. V V V V V V V V V V V V V V V V V V V B B B B B B B B
According to Art. 5 Federal Law “On the Status of Military Personnel”:В В В В В В В В В В В В В В В В В В В В В В В В В В В В В В В В В В В В В В В В В В В В В В В В В В В В В В В В В В В В В В В В В В В В В В В В В В В В В В В В В В В В В В В В В B In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In - military personnel are under the protection of the state. No one has the right to interfere in the official activities of military personnel, with the exception of persons authorized to do so by federal constitutional laws, federal laws and other regulatory legal acts of the Russian Federation, as well as by the Charter of the internal service of the Armed Forces of the Russian Federation, the Disciplinary Charter of the Armed Forces of the Russian Federation, the Charter of garrison and guard services Armed Forces;In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In In B B B B B B B B B B B B B B B B B B B B B B B B - insult to military personnel, violence and threat of violence, encroachment on their life, health, honor, dignity, home , property, as well as other actions (inaction) that violate and infringe upon their rights in connection with the performance of their military service duties, entail liability in accordance with federal laws and other regulatory legal acts of the Russian Federation.

Taking into account the above clarifications of the legislation, you can submit a report to the commander and report in detail about the circumstances with documents according to the prof. retraining Here you can ask for an internal audit (investigation).

Since you were essentially deprived of retraining due to circumstances beyond your control, you can also contact the commander with another report, which will contain a requirement to plan and send you for retraining at another time.

These will be good arguments if you subsequently need to be reinstated in the service (of course, at your request), since retraining was not completed due to the fault of the command.

With reports, you record not only offenses on the part of the command, but also give him a chance to think about the legality of his actions.

I cannot help but explain that you have the right to appeal any actions (inactions) and decisions of the commander, as well as other officials, in court.

Wish you luck!

If you have any other questions or need to draft a report with reasons, I will help you do it. Contact us.

I would be grateful for your rating and feedback.

Sincerely, [email protected]

The document defining these procedures and conditions is Order of the Minister of Defense of the Russian Federation dated October 21, 2015 N 630 “On ok And conditions professional retraining in one of the civilian specialties of certain categories of military personnel - citizens of the Russian Federation performing military service under a contract."

According to it, retraining is carried out by the military organization of higher education of the Ministry of Defense of the Russian Federation in additional professional programs lasting up to 4 months. The duration of mastering the programs cannot be less than 250 hours. Persons wishing to undergo retraining submit reports. Lists of citizens are formed in military units. As lists are received and an extract from the calculation of the distribution of study places is received, the educational organization forms study groups. Taking into account the established dates for the start of training and the procedure for forming groups, the management of educational organizations sends written notifications to military units, which indicate the form of retraining for each military personnel, the timing and place of its implementation.

At the same time, even Dismissal from military service during the training period does not deprive you of the opportunity to complete your studies for free at the expense of the RF Ministry of Defense.

There is no point in submitting a second report to the commander. You should contact the leadership of educational organizations. And regarding the execution of your report for professional retraining, you should file a complaint with the military prosecutor’s office, or receive an order in writing and appeal it through the garrison court. You can also submit it both ways. You can also file a complaint in connection with your failure to enroll on time due to the inaction of officials.

Citizens of the Russian Federation in military service with secondary or higher education have the right to undergo retraining before dismissal. They can get a new specialty, which gives them the opportunity to get a well-paid job in civilian life, absolutely free of charge. The state gives them this right.

Purpose and purpose of retraining

The state organizes retraining of military personnel for social purposes. protection. The need for retraining arises when a person is fired or laid off. Military personnel are given the opportunity to acquire a specialty that will be in demand in civilian life..

During the existence of the program, many officers, with support from the state, received a new specialization and, thanks to this, were able to find work with decent wages after leaving military service. Similar programs operate in various regional entities. Some universities not only provide retraining, but also help with job placement.

While obtaining a new specialty, military personnel can take part in a variety of conferences and forums. Additional specialization can be obtained in several areas to choose from. This could be management, public administration, information security or something else. The list of the most popular areas includes jurisprudence, IT, accounting organization, small business management.

On a note! For accelerated adaptation to civilian life, officers can not only undergo free retraining, but also receive higher education on preferential terms.

Who has the right to retraining upon dismissal?

To exercise the right to retraining, a number of conditions must be met, and one of them is the duration of service under the contract - at least 5 years. The reasons for termination of military service are also regulated. To undergo retraining they must be related to:

1. Deterioration of health.
2. End of service life.
3. The maximum permissible age for service.
4. Carrying out organizational and staffing activities.

The new principle of retraining military personnel before entering the reserve was established in 2015, and it is still relevant in 2018.

Detailed information on this issue is contained in Order No. 630 “On the procedure and conditions for professional retraining in one of the civilian specialties of certain categories of military personnel - citizens of the Russian Federation performing military service under a contract,” which entered into force on October 21, 2015.

Officers don't pay for retraining during training they do not lose the right to allowance. Retraining programs are designed for different periods. Training can last up to 4 months, but a minimum of 250 hours. Even if an officer resigns during the retraining period, he will be able to complete his studies without paying any fees.

Age limit

Age is one of the key parameters that gives the right to undergo retraining. This indicator is regulated by Federal Law No. 53. A number of provisions related to this issue are also presented in Presidential Decree No. 1237.

Not long ago, the maximum age limit for retraining was 45 years. But in 2014 this figure was increased to 50. Today, 45 years is the maximum age exclusively for women in military service.

For military personnel with high ranks, the limit is 55-60 years. For employees who have not reached the rank of captain (first rank), the maximum age for serving in the army is 50 years.

If an officer expresses a desire to continue his army career, he can enter into a new contract, with a validity period from 12 months to 10 years. Higher ranks will make a decision based on how conscientiously the military man performed his duties. When concluding a new contract, the officer’s health and professional qualities are taken into account.

When leaving the reserves, many military personnel take advantage of the opportunity to retrain. At the same time, they retain their right to receive a pension and benefits provided by law.

Procedure for retraining reserve military personnel

Persons liable for military service are enrolled in groups for training in special courses, based on the resolution of the Minister of Defense. At the same time, a list of “students” who have decided to obtain one of the specialties in demand in civilian life, duplicates of their reports with marks from commanders and documents on previously received education are sent to educational institutions where they will take retraining courses.

When an officer is dismissed for one of the reasons described in the first part of the article, which makes it possible to obtain a new specialization, a certificate is issued. It indicates the right to retraining at a specific university.

If the cost of retraining exceeds the maximum permissible norms of financial contributions established by the state program, the officer must pay the difference from his own funds.

Free retraining can only be completed at universities affiliated with the Ministry of Defense. In regular educational institutions, although tuition is paid, military personnel are provided with benefits.

To enroll in free courses, a serviceman must provide the personnel department with a copy of his identity card, school certificate (or other document about previously obtained education) and a report. Training can take place both full-time and part-time. You will not have to take any entrance exams. In addition to a civilian specialty, an officer can also receive a new specialization to continue his military career.

After submitting all the documents, the management of the university where the serviceman wants to undergo retraining sends a notification to the military unit indicating the form, time and place of retraining. Based on the received paper, HF representatives issue an appropriate order. During the training period, military personnel are listed on a business trip, they retain their rank, the right to receive a salary and travel allowances.

List of universities organizing professional retraining for discharged military personnel

Military personnel can obtain an additional specialty at higher educational institutions, working under the Ministry of Defense of the Russian Federation. The list of universities providing this opportunity is quite large. Educational institutions are located in different cities of Russia:

• Retraining after discharge from military service can be completed at the Military Academy of Communications named after. Marshal of the Soviet Union S.M. Budyonny, located in the city of St. Petersburg. Military personnel can receive additional specialization at this educational institution if they have a higher education.
• Another St. Petersburg university that provides the opportunity for retraining after contract service is the Military Space Academy named after. A. F. Mozhaisky.
• Similar conditions apply at the Krasnodar Higher Military School named after. CM. Shtemenko. One of the most popular areas of retraining for military personnel planning to go into combat is Information Security.
• In Kostroma, retraining can be completed at the Military Academy named after. Marshal of the USSR S.K. Tymoshenko.
• In Balashikha (Moscow region), the faculty of retraining of military personnel operates at the Military Academy of Strategic Missile Forces named after. Peter the Great. There is also a branch of this educational institution in Serpukhov.
• In Tver, retraining of military personnel before dismissal is carried out by the Academy of Aerospace Defense named after. G. K. Zhukova.

Military personnel who meet all the necessary criteria for retraining, after completing training in their chosen field, have a great chance of finding employment in their specialty. More than half of the military personnel who have undergone retraining have no problem finding a good job in civilian life.

In 2009, an experiment was launched in the Russian Federation, within the framework of which military personnel being transferred to the reserve could optionally undergo one of 60 professional retraining programs in order to master current professions related to the technical, managerial and even ICT spheres. Retraining courses were opened directly in the largest garrisons. And military personnel serving in particularly remote settlements were able to undergo training thanks to mobile visiting groups of teachers from leading universities of the Ministry of Defense. More than 30 universities then took part in this program.

This practice turned out to be successful and they decided to extend the experiment in subsequent years. This is how military personnel are being retrained in 2015. The gist is this:

• The program is attended by military personnel who have completed higher education or secondary education with a total service record of at least 5 years, provided that they are retiring to the reserve not due to violation of the charter or legal norms;
• At the time of exclusion of a serviceman who meets the above criteria from the personnel lists, he is provided with a special certificate indicating that he can take a professional retraining course free of charge at any university of the Russian Ministry of Defense. If the cost of completing a training program exceeds the standards, the military must compensate for the difference in price from personal savings.

Please note that retraining on a budgetary basis for military personnel is not yet possible in all universities of the Russian Federation. Guaranteed, free education is provided only in Russian military educational institutions.

At the same time, various civilian universities can offer military personnel being transferred to the reserve preferential conditions for undergoing retraining programs and even provide them with assistance services in further employment.

Examples and content of such training programs

It should be noted that the content of retraining programs for military personnel is no different from the content of similar courses in the same specialties for civilians.

Since more than 60 different retraining programs are being implemented as part of this experiment, only three of them, which are the most popular, are described in detail in this section of the article. The teaching load for each of the following programs is at least 500 academic hours.

1. Organisation management. The cost of participation in the course is 55,000 rubles. The following disciplines are studied within the program:

• Economics of the organization;
• General management;
• World economy;
• Marketing;
• Legislation of the Russian Federation (administrative, legal and civil);
• Management: innovative, personnel, financial, strategic;
• Psychology of management;
• Management consulting, basics of entrepreneurship;
• Management and financial accounting;
• Management of risks;
• ICT technologies in project administration and management;
• Quality management, project management, optimal management decisions;
• Logistics;

1. Jurisprudence. Tuition cost - up to 55,000 rubles. The following disciplines are studied as part of the course:

• Municipal and military services, legal status of a government official, rights of military personnel;
• Service, electoral, as well as labor law, electoral process;
• Lawmaking process and regulatory documents in this area;
• Law enforcement agencies and service in them;
• Human rights and their protection;
• Legal responsibility in terms of the functionality of municipal, as well as state administration;
• Political processes through the prism of jurisprudence;
• Legal basis: working with private and public information, legal features of the implementation of administrative reforms, as well as the migration policy of the Russian Federation, emergency and conflict management, interaction with public non-governmental organizations and appeals, individuals, ordinary citizens;

1. Accounting and auditing. The duration of training is, on average, six months. Cost - up to 55,000 rubles. The following disciplines are studied as part of the curriculum:

• Economic theory, regulation of the economy by the state, pricing in a market economy;
• Taxation in the Russian Federation;
• Modern accounting concepts;
• Audit in the financial control system of the Russian Federation;
• Financial resources in organizations, companies and enterprises;
• Analysis of economic and financial activities;
• Standards and regulatory support for auditing activities;
• State budget and its structure;
• Insurance business and insurance;
• Stocks and bods market;
• Development of the banking and financial sector.

Top 5 educational institutions for these programs

1. Military Space Academy named after. A.F. Mozhaisky (St. Petersburg);
2. Military Medical Academy named after. S.M.Kirova (St. Petersburg);
3. Military University (Moscow);
4. VARVSN them. Peter the Great (Moscow);
5. CPPV at MAGMU (perhaps the programs are not implemented on a budgetary basis, since this is a non-military educational organization. However, at MAGMU, training of military personnel is carried out with a guarantee of subsequent employment in Moscow).

Specifics of the implementation of military retraining programs

To enroll in a retraining course under a budget program, a military man should submit to the personnel department of his unit a copy of his identity card, a corresponding report on and a copy of his professional education certificate. Studying can take place full-time, distance learning or the so-called evening form of education. In addition, retraining of military personnel transferred to the reserve, after their dismissal, can be carried out in a military profile. If you are a former career military man “in civilian life” and the top government leadership decides to update your military professional skills or train you in a new military specialty, before you turn 50 years old, you may receive an official call to military training, where you will have to complete the appropriate training course.

As for this year specifically, in accordance with the criteria of Order No. 95 (2009) of the Ministry of Defense of the Russian Federation as amended by Orders No. 406 (2010), No. 313 (2011) and No. 494 (2013), retraining of military personnel will be implemented after the recruitment of students who meet the necessary criteria. Enrollment for the courses will end in the first half of 2015.

Law No. 76-FZ (05/27/1998) determines that citizens serving in the Armed Forces in accordance with a concluded contract are considered military personnel if their total length of service is 5 years or more. In this particular case, when calculating the amount of available total length of service, the duration of training in specialized military colleges (universities) is not taken into account. During the year of dismissal, officers can undergo free professional retraining in order to obtain a full-fledged civilian specialty, giving them the right to carry out a new type of labor activity. During the learning process, they retain all types of allowances. If at the time of such retraining the officer is still in service, the training period for him should be no more than 4 calendar months. If, in the process of undergoing a retraining program, a particular military man is transferred to the reserve, he has every right to complete his training on a budgetary basis.

According to the established standards, after the military personnel submit all the necessary documents, the command of the educational institution on the basis of which the retraining programs are implemented sends to the military unit where the applicant for participation in the professional retraining course is serving, a written notification indicating the form, method, place and date of the training. training. If it is determined that a serviceman will undergo an additional training program in the evening, then the commander of the unit of this potential course student issues a special direction to the serviceman, and the corresponding order is issued in the unit itself.

Military personnel undergoing professional retraining programs are considered seconded during the course and are actually on a business trip with all the ensuing circumstances (maintenance of rank, salary, travel allowances and all required types of allowance).

Read also: Maternity leave of the Russian Federation Labor Code

Where can I get training?

Advanced training courses and retraining programs can be selected on the website " Educational and methodological portal" The portal hosts more than 2,500 different lessons and webinars for employees of all types of educational pre-university institutions. Upon completion of the training, you receive a state-issued diploma/certificate (license for educational activities 34Л01 0000804 dated 08/04/2014) by mail.

Professional retraining of discharged military personnel

I am leaving at the end of my contract. He expressed a desire to undergo professional retraining in a civilian specialty at the Secondary Education and Training College in Blagoveshchensk. Training takes place on a full-time basis in the period from 02/01/2016 to 05/28/2016. According to the order of the Ministry of Defense of the Russian Federation dated 10/21/2015 No. 630 r.2, paragraph 10, military personnel studying under professional training programs are considered seconded from the military during the training period parts. I am only given time for orientation, midterm assessments and final assessment, which is a total of one month out of four. The rest of the time I perform all official and special duties in full without providing time for independent study of educational material issued by the teaching staff. My report on removing official and special duties from me and giving me time for independent training was rejected, after which the chief engineer of the unit, Shuvalov Valery Evgenievich, began accusing me of my refusal to serve, of my inadequacy for the position I held, as well as expressing personal hostility towards me in the presence of other military personnel of the unit. I believe that my rights in the quality of professional retraining were completely violated. I ask you to look into this issue. With respect, Mr. Shilov S.S.

Lawyers' answers (4)

He expressed a desire to undergo professional retraining in a civilian specialty at the Secondary Education and Training College in Blagoveshchensk. Training takes place in full-time and part-time form from 02/01/2016 to 05/28/2016.
Shilov Sergey Sergeevich

Good afternoon Please inform me of the order from the commander of your military unit that you are in training?

My report on removing my official and special duties and giving me time for independent training was rejected,
Shilov Sergey Sergeevich

Rejected by whom? Is there a written refusal to satisfy the report?

Have a question for a lawyer?

In accordance with the Federal Law “On Status. »

4. Military personnel - citizens undergoing military service under a contract, the total duration of military service of which is five years or more (not counting the time of study in military professional educational organizations and military educational organizations of higher education), in the year of dismissal from military service upon reaching their maximum age of military service, expiration of military service. due to health reasons or in connection with organizational and staffing measures, they have the right to undergo professional retraining in one of the civilian specialties without charging them tuition fees and while maintaining all types of allowances in order and on conditions. which are determined by the Ministry of Defense of the Russian Federation (another federal executive body in which military service is provided for by federal law), lasting up to four months. If these military personnel are discharged from military service during the training period, they have the right to complete their studies free of charge. In accordance with
Appendix No. 1
to the order of the Minister of Defense
Russian Federation
dated October 21, 2015 N 630
TERMS AND CONDITIONS
PROFESSIONAL RETRAINING IN ONE OF THE CIVIL CARES
SPECIALTIES OF SEPARATE CATEGORIES OF MILITARY SERVANTS - CITIZENS
OF THE RUSSIAN FEDERATION PASSING MILITARY SERVICE
BY CONTRACT
…
8. Military personnel who have been assigned full-time or part-time forms and training in an educational organization, the commander (chief) of a military unit issues a referral (Appendix No. 3 to this Procedure) and issues an order to send a serviceman for professional retraining.
Military personnel sent for professional retraining arrive at educational organizations by the established deadline.
For military personnel who have been assigned a correspondence course of study by notification, the personnel authority informs them of the start dates and place of professional retraining, which are established by it in agreement with the head of the educational organization.

Demand that the commander issue an order to send him for retraining.

If you refuse, file a complaint with the HSV or garrison court.

from Valery Evgenievich Shuvalov, accusations began about my refusal to serve, about my inadequacy for the position I held, as well as expressing personal hostility towards me in the presence of other military personnel of the unit
Shilov Sergey Sergeevich

Report this to the commander and point out the need to conduct an administrative investigation into these facts.

He can't blame anyone

Submit a report to the commander with a demand to plan and send you for retraining at another time, since you are essentially deprived of it. Subsequently, in court, you will demand reinstatement in the service, since you did not undergo retraining due to the fault of the command. Now the main thing is to record violations

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I will complete the story about the major, which began here. Retraining of those dismissed in civilian specialties
At the beginning of November, after he learned about the exception during the PP period, I wrote him a statement to the prosecutor’s office and he filed it through the prosecutor’s office website in the GVP and VP of the Southern Military District. In the end, the Volgograd GVP was sorted out.
He arrived on December 24 at the unit after the checkpoint. By this time, already in the unit and the higher unit (which is with Alushta) there were representations from the VP regarding the failure to serve the order at the place of registration and the failure to provide additional information. vacation for 2016 (veteran). Well, as usual. everything is written in a vehement manner, a violation is simply stated. So what? no order of expulsion was issued, nothing was done, the regiment is waiting for the actions of higher-ups (with Alushta). In short, in the end, the major writes numbers from December 27 to additional. vacation for 2016, he is “told” by personnel idiots that you are also entitled to an additional one and for 2017 plus another 4 days of basic leave for the month of service, for the trip. In general, he leaves for Balashikha with a vacation ticket, makes notes about his arrival and departure. In general, he is on vacation until January 31, 2017.
Result: only the date of the order of January 31 cancels all its exceptions in October, excludes January 31, indicates the provision of main and additional leave for 2017, etc.
In general, idiots walk the streets in droves. and in the army personnel they also gather
I really didn’t manage to go out on pure duty for at least one day in 2017
But nevertheless, let's try mate. help to recapture for 2017, since vacations for 2017 were granted, albeit due to the stupidity of personnel officers, but nevertheless, according to a separate report, by a separate order, and not by an order of exclusion. So the situation does not fall under the case of non-payment of MP under PMO 2700 “when the leave ends next year upon dismissal.”
This is a story with a good ending. True, the money for October-January has not yet been transferred, of course.

Read also: Labor code for single mothers

a2712ndrey wrote: Source of quotation And from the content of paragraph 8 it follows that the requirement of the RC to arrive for service during the period of retraining is not entirely, let’s say, adequate.

There is nothing said about this at all, therefore, different interpretations and differences of opinion are possible. Nothing prevents the court from deciding to write something like that. nothing prevented the applicant from performing his official duties (or the general duties of military personnel) while undergoing PP through correspondence training actually on the territory of the military unit where he is on the list of personnel.
Or - compliance with the requirements of the commander of the military unit upon arrival at the morning formation did not in any way affect the implementation of the applicant’s right to pass the checkpoint.
I have already read such pearls more than once.
All, of course, IMHO

viteknext wrote: Source quote Here is a story with a good ending. True, the money for October-January has not yet been transferred, of course.

The legal position of a lawyer depends on the position he occupies.
A lawyer always has his own legal position, but he does not always agree with it.

Following this logic, we can assume that even on vacation nothing prevents a soldier from performing his official duties.
In fact, an order was issued to send a soldier for retraining to another city, and an order was issued at the educational institution to enroll the soldier in retraining courses through part-time and part-time education.

a2712ndrey wrote: Source of quote: On vacation, nothing prevents a soldier from performing his official duties

Give you a link to the court decision, where the following is written (I quote)
“The argument of the complaint that during the period of undergoing professional retraining Lukin performed the duties of military service is untenable, since the serviceman, according to the UVS of the Armed Forces of the Russian Federation, after dismissal from military service and until the day of exclusion from the lists of personnel of the military unit, including during the period of leave, bears the general duties of military service."
The judge decided not to write about official duties, but about general duties - yes please!

a2712ndrey wrote: Source of quote In fact, an order was issued to send a soldier for retraining to another city,

This is even GREAT luck that such an order was issued and you know about the existence of such an order. You just need to quickly take an extract from such an order.

If you fall, get up. If you fall a hundred times, get up a hundred times! I'm sure I'm right - stick to your line. Our cause is just - we will win!

Hello!
Is it legal for the commander to refuse to be sent for retraining due to the fact that the chosen courses began on January 09, and the report was written on January 13?

finaev wrote. can it be implemented in the second half of the year?

Why not? Just write your report in advance. Based on the data submitted by your personnel authorities, study groups are formed at the educational institution; the number of students in them is limited. After the groups have been formed, a call will be sent to the unit, on the basis of which you will be sent for retraining.

finaev. write to the Mikhailovsky Military Artillery Academy on 03/28/2017.

finaev wrote: Source of quote Is it legal for a commander to refuse to be sent for retraining due to the fact that the chosen courses began on January 09, and the report was written on January 13?

Do you have a copy of the report to the PP with the resolution of the unit commander?

If you fall, get up. If you fall a hundred times, get up a hundred times! I'm sure I'm right - stick to your line. Our cause is just - we will win!

The right to retraining upon dismissal

I am a military man and am subject to dismissal from military service next year upon reaching the age limit. Do I have the right to retraining and where should I apply with my report?

The question is answered by the senior assistant to the military prosecutor of the Baltic Fleet, Colonel of Justice A.V. Vasiliev.

In pursuance of the Federal Law of May 27, 1998 No. 76-FZ “On the status of military personnel,” on November 12, 2015, a new Order of the Minister of Defense of the Russian Federation of October 21, 2015 No. 630 “On the procedure and conditions for professional retraining in one of the civilian specialties” was registered with the Russian Ministry of Justice certain categories of military personnel - citizens of the Russian Federation performing military service under a contract." The order comes into force on November 28, 2015. This order defines the procedure and conditions for professional retraining in one of the civilian specialties of military personnel - citizens of the Russian Federation, serving under a contract.

Professional retraining is carried out subject to the total duration of military service of a serviceman in calendar terms of 5 years or more (not counting the time of study in military professional educational organizations and military educational organizations of higher education) in the year of dismissal from military service upon reaching the age limit for military service, expiration duration of military service, health status or in connection with organizational and staffing events.

It has been established that retraining in one of the civilian specialties is carried out by the military educational organization of higher education of the Russian Ministry of Defense under additional professional retraining programs lasting up to 4 months. Retraining is carried out in full-time, part-time and part-time forms of education.

Military personnel who have expressed a desire to undergo professional retraining submit a report to the commanders (chiefs) of military units. In this case, the report must be submitted by the person being dismissed from military service:

upon reaching the age limit for military service or upon expiration of military service - no earlier than one year before the age limit for military service or the expiration of the contract, taking into account the terms ensuring their referral to professional retraining during military service;

Document status:

active

Order of the Minister of Defense of the Russian Federation of October 21, 2015№ 630
"On the procedure and conditions for professional retraining in one of the civilian specialties of certain categories of military personnel - citizens of the Russian Federation performing military service under a contract"

The duration of training for military personnel is determined by the curriculum (thematic) plan and technology for implementing the professional retraining program.

15. Military personnel have the right to undergo professional retraining only in one of the civilian specialties and only in one educational organization.

After training a serviceman, personnel authorities make a record of professional retraining, indicating the full name of the educational organization, diploma number and date of issue in the service record of the serviceman’s personal file.

_____________________________

*(1) Clause 4 of Article 19 of the Federal Law of May 27, 1998 N 76-FZ “On the status of military personnel”.

*(2) Clause 6 of the Procedure for organizing and implementing educational activities in additional professional programs, approved by order of the Ministry of Education and Science of the Russian Federation dated July 1, 2013 N 499 “On approval of the Procedure for organizing and implementing educational activities in additional professional programs” (registered in Ministry of Justice of the Russian Federation on August 20, 2013, registration N 29444) (as amended by order of the Ministry of Education and Science of the Russian Federation dated November 15, 2013 N 1244 “On amendments to the Procedure for organizing and implementing educational activities in additional professional programs, approved by order of the Ministry of Education and Science of the Russian Federation dated July 1, 2013 N 499" (registered with the Ministry of Justice of the Russian Federation on January 14, 2014, registration N 31014) (hereinafter referred to as the Procedure for organizing and implementing educational activities in additional professional programs).

*(3) Clause 12 of the Procedure for organizing and implementing educational activities in additional professional programs.

*(4) Clause 19 of the Procedure for organizing and implementing educational activities in additional professional programs.

*(5) Here and further in the text of this Procedure, unless otherwise stated, military units mean military command and control bodies, associations, formations, military units and organizations of the Armed Forces of the Russian Federation.

*(6) Here and further in the text of this Procedure, unless otherwise stated, for brevity they will be referred to as: the Ministry of Defense of the Russian Federation - the Ministry of Defense, the Armed Forces of the Russian Federation - the Armed Forces.

*(7) Clause 4 of Article 19 of the Federal Law of May 27, 1998 N 76-FZ “On the status of military personnel.”

Appendix No. 1
to the Order (clause 5)

Appendix No. 2
to the Order (clause 5)

Appendix No. 3
to the Order (clause 8)

Corner stamp

military unit

DIRECTION

________________________________________________________________________

(military rank, last name, first name, patronymic)

Heading to ________________________________(_______________________)

(name of educational institution (locality)

organizations)

for professional retraining from _______________ to ________________

(date) (date)

Reason: notification _____________________________________________

(name of educational organization)

from "__" _______________20__ N _____.

Commander (chief) of a military unit _____________________________________

(signature, first name, last name)

"__" _______________ 20__

Appendix No. 2

Scroll
orders of the Minister of Defense of the Russian Federation, declared invalid

1. Order of the Minister of Defense of the Russian Federation dated March 18, 2009 N 95 “On the procedure and conditions for professional retraining in one of the civilian specialties of military personnel - citizens of the Russian Federation serving under a contract” (registered with the Ministry of Justice of the Russian Federation on April 20, 2009 ., registration N 13798).

2. Order of the Minister of Defense of the Russian Federation dated April 24, 2010 N 406 “On amendments to the order of the Minister of Defense of the Russian Federation dated March 18, 2009 N 95” (registered with the Ministry of Justice of the Russian Federation on June 23, 2010, registration N 17624 ).

3. Order of the Minister of Defense of the Russian Federation dated March 11, 2011 N 313 “On amendments to the order of the Minister of Defense of the Russian Federation dated March 18, 2009 N 95” (registered with the Ministry of Justice of the Russian Federation on May 18, 2011, registration N 20782 ).

4. Order of the Minister of Defense of the Russian Federation dated July 3, 2013 N 494 “On amendments to the order of the Minister of Defense of the Russian Federation dated March 18, 2009 N 95” (registered with the Ministry of Justice of the Russian Federation on July 30, 2013, registration N 29211 ).