Age limit for military service
1. With military personnel who have reached the age limit for military service and who have expressed a desire to continue military service, a contract may be concluded for a period of up to 10 years inclusive, but not more than they reach the age of 65 years.
2. The age limit for military service is set:
a) for the Marshal of the Russian Federation, general of the army, admiral of the fleet, colonel general, admiral - 60 years;
b) for lieutenant general, vice admiral, major general, rear admiral - 55 years;
c) for a colonel, captain of the 1st rank - 50 years;
d) for a serviceman with a different military rank - 45 years;
e) for a female soldier - 45 years.
3. A serviceman who has reached the age limit for military service, in order to conclude a new contract, submits a report on command to an official who has the right to make a decision on concluding a contract with the specified serviceman, at least six months before the expiration of the current contract.
Decisions on the conclusion of contracts with military personnel who have reached the age limit for military service, on the term of a new contract or on the refusal to conclude a contract are made:
a) for senior officers, as well as officers appointed to military positions for which the state provides for the military ranks of senior officers, by the President of the Russian Federation;
b) for colonels, captains of the 1st rank, as well as officers appointed to military positions for which the state provides for the military ranks of colonel, captain of the 1st rank - by the head of the federal executive body in which military service is provided;
c) for military personnel with a military rank up to lieutenant colonel, captain of the 2nd rank inclusive, - by officials who have the right to appoint these military personnel to their military positions.
4. If the relevant official decides to conclude a contract with a serviceman who has reached the age limit for military service and the period of its validity, the specified contract is signed by the commander (chief), who is granted the right to sign new contracts.
5. The decision to conclude a contract with a serviceman who has reached the age limit for military service is made taking into account his business qualities, as well as his state of health.
If necessary, the specified serviceman may be sent to undergo the IHC.
The conclusion of the VVK must be received by the official who has the right to decide on the conclusion of the contract, not less than four months before the end of the term of military service of the specified serviceman.
6. The head of the federal executive body, which provides for military service, has the right to determine the categories of specialists with whom contracts can be concluded when they reach the age limit for military service.
7. For a serviceman who is doing military service in the position of the head of a federal executive body in which military service is provided for, who has reached the age limit for military service and who wishes to continue military service, the term of military service may be extended by the President of the Russian Federation, but not more than age 65 years.
8. The age limit for the military personnel of the foreign intelligence agencies of the Russian Federation to be in military service is established by the head of an independent foreign intelligence agency of the Russian Federation or by the head of the federal executive body, the structure of which includes the foreign intelligence agency of the Russian Federation, in the manner determined by the President of the Russian Federation, but cannot be less than the age limit established by the commented Federal Law (Article 17 of the Federal Law "On Foreign Intelligence").
Decree of the President of the Russian Federation "Issues of military service" dated September 16, 1999 N 1237 determined that the director of the Foreign Intelligence Service of the Russian Federation, the heads of federal executive bodies, which include the foreign intelligence agencies of the Russian Federation, when establishing the age limit for staying on the military service of military personnel of these bodies should be guided by the Decree of the President of the Russian Federation "On the procedure for establishing the age limit for the military personnel of the foreign intelligence bodies of the Russian Federation" dated April 21, 1996 N 574 (p. 2).
Decree of the President of the Russian Federation of April 21, 1996 N 574 determined that the establishment of the age limit for military service for military personnel of the foreign intelligence agencies of the Russian Federation is carried out by extending the period of their stay in military service.
Foreign intelligence agencies include not only the Foreign Intelligence Service of the Russian Federation, but also intelligence agencies that are structurally part of a particular ministry or department (for example, intelligence agencies of the General Staff of the Armed Forces of the Russian Federation, etc.).
9. The right to make a decision on the extension of the period of stay in the military service of military personnel of the foreign intelligence agencies of the Russian Federation who have reached the age limit established by the commented Federal Law is granted:
Minister of Defense of the Russian Federation;
Director of the Foreign Intelligence Service of the Russian Federation;
Director of the Federal Security Service of the Russian Federation.
10. Prolongation of the period of stay in military service by the relevant officials should be carried out taking into account the qualifications, business and moral qualities, and the state of health of the serviceman.
11. The decision to extend the term of military service is implemented by concluding with each of the servicemen who have reached the maximum term of military service, a contract for military service for a period of one year, three years or five years in the manner prescribed by departmental regulatory legal acts.
12. Letter No. а6-1082 of March 18, 2003, No. а6-1082, issued by the Main State Legal Department of the President of the Russian Federation "On the issue of concluding contracts for military service with military personnel who have reached the age limit for military service", provides the following clarifications.
The procedure for concluding a new contract with military personnel, including those with military ranks of senior officers, as well as those appointed to military positions for which the state provides for military ranks of senior officers, who have reached the age limit for military service and who have expressed a desire to continue military service, is determined by Art. 49 of the Federal Law "On military service and military service" and art. 10 of the Regulations on the procedure for military service, approved by Decree of the President of the Russian Federation "Issues of military service" of September 16, 1999 N 1237.
Decisions on the conclusion of contracts with senior officers, as well as officers appointed to military positions for which the state provides for the military ranks of senior officers who have reached the age limit for military service, on the term of a new contract or on the refusal to conclude a contract are made by the President of the Russian Federation.
The specified military personnel who have reached (reaching) the age limit for military service, for the conclusion of a new contract, submit a report on command with an appeal to the President of the Russian Federation on the decision to conclude a contract with them, at least six months before the expiration of the current contract.
If the President of the Russian Federation decides to conclude a contract with these military personnel and its validity period, the specified contract is signed by the commander (chief), who is granted the right to sign new contracts.
According to paragraph 1 of Art. 38 of the said Federal Law, the period of military service for servicemen undergoing military service under a contract is determined by the period specified in the contract for military service. In accordance with paragraph 3 of Art. 3 of the Regulations on the Procedure for Passing Military Service, the term of military service expires for military personnel serving under a contract on the corresponding month and date of the last year of the contract term, or on the corresponding date of the last month of the contract term, if the contract was concluded for a period of up to one year.
Based on this requirement, paragraph 7 of Art. 9 of the Regulations on the procedure for passing military service, it is determined that with a serviceman whose term of the previous contract ends, a new contract is concluded on the day following the day the term of the previous contract expires.
Thus, as a general rule, a report and materials on the conclusion of a new contract with military personnel must be received by the President of the Russian Federation in such a way that the conclusion of a new contract in accordance with the order of the President of the Russian Federation is carried out by the relevant official on the day following the expiration date of the previous contract .
However, in a number of cases, the order of the President of the Russian Federation on the conclusion of a contract with a serviceman who has reached the age limit for military service is issued later than the expiration of the term of the previous contract for this serviceman. In these cases, when concluding a new contract with a serviceman, it is necessary to be guided by paragraph 4 of Art. 32 of the Federal Law "On Military Duty and Military Service", in accordance with which the contract for military service terminates from the day the military serviceman concludes another contract for military service, the serviceman is excluded from the lists of the military unit, as well as in other cases established by federal laws.
Based on the provisions of paragraph 4 of Art. 32, Art. 49 of the Federal Law "On Conscription of Military Service" and Art. 10 of the Regulations on the Procedure for Passing Military Service, a contract with a serviceman in these cases should be concluded not from the date of expiration of the previous contract, but from the date of entry into force of the relevant order of the President of the Russian Federation.
The army is the rear and defense of the country, as it ensures a peaceful life for the people. The state is interested in strong defenders of the Motherland. All nuances are regulated by legislative documents. Military science is based on a strong legal base, where everything is provided for in detail. The law specifies the age limit for military service.
The length of service of military personnel depends on the availability of various advantages:
All questions about age restrictions are determined by 53 FZ, Art. 49. The law specifies when a member of the armed forces may retire, as well as the period of holding a particular position. Such limits also apply to leaders who carry out political or scientific work. When this period is over, you need to retire. And if the employee does not agree to do this, then dismissal follows.
The "Law on military duty and military service" was adopted along with the military legislation. Time frames are important in organizing the composition of an army. Soldiers must be physically fit and in good health. But with age, these necessary qualities decrease, which affects the performance of duties.
Many elderly contractors reach the rank of colonel, commander, general. Leadership positions require a lot of responsibility. Therefore, it is impossible for the duties to lie with the employee who cannot perform them due to poor health. To control the transition of people to retirement, a law was introduced that approves the age limit for military service.
The main reason for the introduction of restrictions are the physiological characteristics of people. Rich experience, broad theoretical training, knowledge of combat tactics are invaluable advantages of servicemen. But with the onset of old age, a person has less strength and energy, and a military man should not have insufficient physical training.
Another reason for limiting the age of service is the firmness of character and perseverance that all senior military ranks have. Not every person can leave the personnel, accept his age, the onset of old age. If there were no such law, then military personnel could not retire for a long time.
In 2014, a change was made to the age limit for military service. Under the new rules, senior officials must retire at age 65. These include:
Article 49 includes other rules. You can work in middle management positions up to 60 years:
Colonels and captains of the first level can work up to 55 years, and persons of other ranks - up to 50 years. For contractors serving in the bodies, other rules may be established.
Prior to the changes, the age limit for military service was 5 years less. It turns out that the highest ranks should have been in office until the age of 60.
But the changes did not occur for all the defenders of the country. For example, the age limit for military service in the FSB and SVR is 45 years. This rule has been in place for many years. An extension to 50 is under discussion. In other cases, the age limit for military service does not change. Women can work until the age of 45.
The change in the "Law on military duty and military service" is connected with insufficiently accurate ideas about reality. Previously, the average age parameters of men were smaller compared to today, when medicine is developed. It is unlikely that a commander at the age of 50 will not be able to do his job with high quality.
It also takes into account the fact that the elderly military have a wealth of experience and a lot of knowledge in the organization of service. Experienced employees do their job correctly, and also prepare a new generation for quality performance.
There is another change in the law. When the age limit for military service has been reached, a person can serve for some more time. You can extend the activity up to 5 years. This advantage applies to higher ranks. It requires not only desire, but also the fulfillment of several conditions:
During the certification, physical and theoretical training is determined. This is usually difficult for older employees. If there is no successful completion of the test, the contract cannot be renewed.
Now not only men, but also women are in the military service. Representatives of the weaker sex are also in demand in various specialties. They are valued for stress resistance, excellent work, discipline, responsibility. And without these qualities it is impossible to serve in the army.
By law, women are considered equal participants in military affairs with men. The exceptions include some circumstances of life, for example, the birth and upbringing of children. Ladies cannot hold positions with high risk and complex workloads.
But even though there is no gender discrimination between the military, there is still one difference. Women can serve only up to 45 years, which is prescribed by law. They cannot extend this period, since the Federal Law does not say anything about this.
According to the law, a serviceman can receive a service pension in 2 cases:
When these conditions are met, you can retire. If a person does not fall under these requirements, then the length of service is credited to the entire length of service. Then the military passes according to the general law.
If a military man has been in office for 20 years or more, then his pension payments will be equal to ½ of his income, which was given to him during the service. This also applies to those persons whose experience is 25 years, of which 12.5 have taken up work in the military sphere or the Ministry of Internal Affairs.
If the term exceeds 20 years, then 3% of the amount is charged for each year. With a mixed length of service (for example, 12.5 years in the military, and the rest of the time in another area), 1% is charged for each year. The amount of the pension consists of:
Monetary allowance does not include allowances for service in highlands, remote areas, special conditions. The law states that the amount cannot be less than 100% of the main part of the old-age pension. Basic indicators are approved by the Government of the Russian Federation and laws. Even if the length of service has been worked out, the serviceman still has the right to pay an old-age pension.
Military personnel can receive a pension for years of service, as well as for old age. When calculating the amount of old-age benefits, the PFR does not take into account the time spent in military service. If it took place in special conditions, then a preferential option for calculating amounts is used. For example, if the military was a participant in hostilities, then the month is calculated as 3. This applies to service in the North Caucasus.
The law also indicates other cases when a pension is calculated according to special rules. Those who served in an unfavorable climate, for example, in the Far North, have benefits. Because of this, the size of pensions for each soldier may differ.
Article 1
Introduce the following amendments to Federal Law No. 53-FZ of March 28, 1998 "On Military Duty and Military Service" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 1998, No. 13, Art. 1475; 2010, No. 11, Art. 1176):
1) in Article 49:
a) point 1 shall be stated in the following wording:
"1. The age limit for military service is established for:
Marshal of the Russian Federation, General of the Army, Admiral of the Fleet, Colonel General, Admiral - 65 years;
lieutenant general, vice admiral, major general, rear admiral - 60 years;
colonel, captain of the 1st rank - 55 years;
a serviceman with a different military rank - 50 years.";
b) clause 3 shall be stated in the following wording:
"3. With military personnel who have reached the age limit for military service, a new contract for military service may be concluded in the manner determined by the Regulations on the procedure for military service:
having the military rank of Marshal of the Russian Federation, general of the army, admiral of the fleet, colonel general, admiral - until they reach the age of 70 years;
having a different military rank - until they reach the age of 65 years.";
2) Paragraph 1 of Article 53 shall be stated as follows:
"1. Citizens in the reserve are divided into three categories:
Article 2
1. This Federal Law shall enter into force one hundred and eighty days after the day of its official publication.
2. Servicemen who have entered into a new contract for military service for an indefinite period (before the age limit for military service) in accordance with subparagraph "a" of paragraph 5 of Article 38 of the Federal Law of March 28, 1998 N 53-FZ "On military duty and military service" before the date of entry into force of this Federal Law, and military personnel who have entered into a new contract for military service before the age limit for military service in accordance with paragraph 6 of Article 38 of the said Federal Law before the date of entry into force of this Federal Law, upon reaching the age limit for military service, established by paragraph 1 of Article 49 of the Federal Law of March 28, 1998 N 53-FZ "On military duty and military service" in the wording that was in force before the date of entry into force of this Federal Law, has the right to retire from the military service by age - upon reaching the age limit for military service.
3. Servicemen who have reached the age limit for military service and have entered into a new military service contract in accordance with paragraph 3 of Article 49 of the Federal Law of March 28, 1998 N 53-FZ "On military duty and military service" before the day of entry into force of this Federal Law, has the right to retire from military service due to age - upon reaching the age limit for military service, established by paragraph 1 of Article 49 of the Federal Law of March 28, 1998 N 53-FZ "On military duty and military service" in the edition in force until date of entry into force of this Federal Law.
President of the Russian Federation V. Putin
A law providing for an increase in the age limit for military service.
The maximum term of service for all military personnel has been extended by five years. This is not only about army and navy pros, but also about military representatives of other law enforcement agencies. In order to raise their age limit, the State Duma deputies corrected Articles 49 and 53 of the federal law "On military duty and military service." The senators approved these changes, and the President of the Russian Federation approved them.
The end of a person's official biography in Russia is strictly tied to his military rank. In the highest priority position is the highest officer corps. Marshals, generals of the army and admirals of the fleet, colonel generals and admirals are now allowed by law to serve not up to 60 years, as it was until recently, but up to 65. Being in the ranks of lieutenant generals and vice admirals, major generals and rear admirals is limited to 60 years. The maximum service age for colonels and captains of the 1st rank is five years less. All other regular military personnel, including contract soldiers and sergeants, face parting with shoulder straps at the age of 50. True, the same law provides for the extension of service after reaching the maximum age for military pros. The military in the rank of marshal to colonel general can now sign their last contract up to 70 years old, other servicemen - up to 65.
At the same time, the age limit of the so-called storekeepers changed, which, if necessary, form a second front for the army. It is possible to call up under the banner of "reserve" soldiers and ensigns, depending on their military specialty, from 35 to 50 years old. Junior officers - from 50 to 60 years old, majors and lieutenant colonels - from 55 to 60 years of age. For colonels at the time of "H" they set the upper bar at 50-65 years, for generals and marshals at 65-70.
There is no doubt that there is logic in such a decision. Dismissing a 55-year-old general, a division commander, just on the grounds that he is many years old is, to say the least, unreasonable. Just as unreasonable is the "dispersal" of a 50-year-old colonel, doctor of science and professor from a military academy. Another thing is when the same divisional commander takes off his shoulder straps at sixty. In such years, it is difficult even for a strong peasant to wander around the training grounds and exercises. And many military colonels and ship captains, who are rarely found in the office, will probably retire with relief at 55 years old. When you have a long and hard service behind you, all the army benefits are "recruited" before retirement, it's time to think about rest. Moreover, the new age practice did not abolish the right of an officer to retire before the age limit. For example, a colonel, if desired, can take off his shoulder straps at fifty.
But the signing of an "extra-term" contract, according to the Ministry of Defense, must necessarily be accompanied by a certification recommendation. No one will be adding, as they say, an automatic five-year plan. You serve conscientiously, you have good professional skills and career prospects, you have maintained good health, which means that you can remain in the ranks for some time. If you do not meet these requirements, go to civilian life.
While preparing this law, the Ministry of Defense pursued another goal. A new system of selection, training and contract service is gaining momentum in the army. Officers want to see in their units not just military professionals, but people motivated for a long and conscientious service.
And candidates for army pros, in addition to an apartment and earnings, also want to have a service perspective. In addition, what's the point of recruiting as a soldier, for example, a 30-year-old man, if he does not get a military pension. With the increase in the maximum age of service under the contract to 50 years, a soldier and a sergeant can already qualify for it.
Every year, recruits to the army are worried about one single question: “Will the term of military service be extended?”. In fact, the excitement about this cannot be called unfounded. The Defense Committee of the State Duma has repeatedly put forward for discussion its proposal to increase the period of military service. The motive for bringing this question was the catastrophic shortage of ordinary soldiers in military units. In addition to the lack of personnel, the State Duma Committee on Defense is seriously concerned by the fact that a one-year conscript service cannot provide a sufficient quantity and quality of all the opportunities necessary to train real specialists. But the President of Russia rejected the proposal put forward by the legislators regarding military service. During a meeting of the collegium of the Ministry of Defense, Putin made a categorical dismissal of the increase in service life.
In this situation, the resolution on the execution of an updated contract with personnel and the term of this contract is made by the following officials:
A positive resolution on the execution of an updated contract with an age-old serviceman is adopted taking into account not only his practical qualities, but also his state of health.
Vladimir Shamanov also raised the issue that too many cases of evasion from receiving a summons have been recorded at the moment. According to him, the issue of legal liability, which should be under any circumstances, has not been fully resolved, so he and his team will probably deal with this soon.
Attention
As a result of the discussions held, a decision was made to raise the draft age in the Russian Federation in the future from 27 to 30 years. Thus, according to Vladimir Shamanov, many dodgers may lose interest as such in avoiding receiving a subpoena.
However, military pensions are calculated somewhat differently. So, in accordance with the current legislation, not only the military, but also other citizens who served in some units can apply for a military pension.
Military pension is divided into three types:
According to the latest rumors, the state plans to increase the number of years that you need to serve in order to count on a military pension.
However, it remains to be seen whether these rumors are true. What you need to know The legislator does not establish a difference in the position of a serviceman to determine the required length of service upon retirement.
To receive a military pension, a person must have at least twenty years of service. Otherwise, a pension can be assigned on the basis of a mixed accrual procedure. Citizens under the age of 45 who have a length of service of 25 years, half of which is military or other equivalent service, will have the right to a pension.
Legal framework The pension provision of the military is determined in accordance with several legal acts:
June 2017 at 5:44 pm Subject: Welfare The issue of extending the service limits for officers can be resolved positively, but the problem should be properly studied. This was announced on Thursday, June 15, by Russian President Vladimir Putin during a direct line.
Info
If you mean the term of service on conscription, then it will not be reviewed. And if we talk about the service life of officers, then you need to think about it.
I know that many officers would like to see their service life extended. It is necessary to study, to approach the issue seriously, having analyzed all the pros and cons, but in general this is possible, ”Lenta.ru quotes Vladimir Putin as saying.
Age limits for serving in the RF Armed Forces At present, Russian President Vladimir Putin and Russian Defense Minister Sergei Shoigu are going to throw all their efforts into optimizing the training of conscript soldiers. In addition, the Government plans to apply measures that will help increase the popularity of contract service. At the same time, military personnel have the right to choose for themselves the term of service - either one year (conscript service) or two years (contract service). Also, by decree of the President, the age limits for professional military service were extended.
If necessary, it is now possible to call up privates and ensigns to the army up to 35, 45 and 50 years old, depending on the military specialty. The lower officers of the reserve can be called up to 50, 55 and 60 years.
Important
Reserves in the rank of major, lieutenant colonels and captains of the 2nd and 3rd ranks are called up to 55, 60 and 65 years, depending on the rank. Colonels and captains of the 1st rank are called up to 60 and 65 years old, and the highest officer reserve up to 65 and 70 years old.
