Article 38 Term military service for military personnel undergoing military service on conscription or under a contract
1. The term of military service is established:
a) for military personnel who do not have military rank an officer and those called up for military service before January 1, 2007, with the exception of the military personnel specified in subparagraph "c" of this paragraph - 24 months;
b) for military personnel who do not have the military rank of an officer and are called up for military service from January 1 to December 31, 2007 inclusive, with the exception of the military personnel specified in subparagraph "c" of this paragraph - 18 months;
c) for military personnel who have received higher education according to their state accreditation educational programs that do not have the military rank of an officer and were called up for military service before January 1, 2008 - 12 months;
d) for military personnel with the military rank of officer and called up for military service before January 1, 2008 - 24 months;
f) for servicemen undergoing military service under a contract - in accordance with a contract for military service.
3. The first contract for military service is:
a) with a conscripted military serviceman or another citizen entering military service in a military position for which the state provides for the military rank of a soldier, sailor, sergeant, foreman - for two years or for three years at the choice of a citizen;
b) with a foreign citizen entering military service in a military position for which the state provides for the military rank of a soldier, sailor, sergeant, foreman - for five years;
c) with a conscripted military serviceman or other citizen entering military service in a military position for which the state provides for the military rank of ensign, midshipman or officer, with the exception of the citizens specified in subparagraph "e" of this paragraph - on five years;
d) with a soldier studying in:
military educational organization of higher education according to the educational program of higher education, - for the period of development of the specified educational program and five years of military service after graduating;
a military professional educational organization or a military educational organization of higher education under the training program for a mid-level specialist - for the period of mastering the specified educational program and three years of military service after receiving secondary vocational education, and in cases established by the Regulations
e) with a citizen who has completed a military training program at a military training center at a federal state educational organization of higher education and enters military service immediately after graduation from the specified educational organization for a military position for which the state provides for the military rank of officer - for three years, or five years.
4. The first contract for military service for a shorter period may be concluded with a conscripted military serviceman, provided that the total duration of his military service by conscription and under the first contract is two years, three years or five years in accordance with subparagraphs "a" and "c" of paragraph 3 of this article.
With a conscripted military serviceman who expressed a desire to enter military service under a contract during a period of emergency (liquidation of consequences natural Disasters, implementation of state of emergency measures, restoration of constitutional order and other emergencies), or to participate in activities to maintain or restore international peace and security or to suppress international terrorist activities outside the territory Russian Federation, or for participation in ship cruises, not earlier than one month before the expiration of the term of military service, a contract for military service for a period of up to one year may be concluded.
5. A new military service contract is concluded with:
a) a military serviceman who is a citizen, with the exception of a military serviceman specified in subparagraph "b" or "c" of this paragraph - for a period of one year, three years, five years, ten years or for an indefinite period (until the age limit for military service is reached); service);
b) military personnel who is a citizen and enrolled in:
a military educational organization of higher education for training in an educational program of higher education or for preparing a dissertation for the degree of candidate of science or doctor of science, - for the period of mastering the specified educational program or for the time of preparing and defending a dissertation for the degree of candidate of science or doctor of science and five years of military service after receiving higher education or defending a dissertation for the degree of candidate of science or doctor of science;
a military vocational educational organization or a military educational organization of higher education for training in an educational program for training a mid-level specialist - for the period of mastering the specified educational program and three years of military service after receiving secondary vocational education, and in cases established by the Regulations on the procedure for military service, - for the period of mastering the specified educational program and five years of military service after receiving secondary vocational education;
Information about changes:
Federal Law No. 159-FZ of June 23, 2014 supplemented paragraph 5 of Article 38 of this Federal Law with subparagraph "c", which shall enter into force on September 30, 2014.
c) a military serviceman who is a citizen and has reached the age limit for military service - for a period of one year, three years, five years, ten years or a shorter period.
5.1. Upon the expiration of the first contract, military personnel who are foreign citizens are dismissed from military service on the grounds and in the manner determined by this Federal Law and the Regulations on the Procedure for Performing Military Service.
6. A military service contract may be concluded with a serviceman for a shorter period - until the age limit for his military service.
7. With a citizen who is in reserve and has expressed a desire to enter military service under a contract during a period of emergency (liquidation of the consequences of natural disasters, implementation of measures of a state of emergency, restoration of constitutional order and other emergencies), or to participate in activities to maintain or restore international peace and security, or the suppression of international terrorist activities outside the territory of the Russian Federation, or for participation in ship cruises, a contract for military service for a period of up to one year may be concluded.
9. Servicemen who have an academic degree and have reached the age limit for military service are given a priority right when concluding a contract with them for military service in the manner established by paragraph 3 of Article 49 of this Federal Law.
The beginning of military service is considered:
for citizens who are not in the reserve, do not have military ranks and are called up for military service - the day the military rank of private is awarded;
the third paragraph became invalid from January 1, 2010;
the fourth paragraph became invalid from January 1, 2010;
for citizens who are not in the reserve, have military ranks and are called up for military service - the date of issuance of the order of the military commissar of the constituent entity of the Russian Federation on sending them to the place of military service;
for citizens (foreign citizens) who entered military service under a contract - the day the contract for military service comes into force;
for citizens who have not completed military service or who have completed military service earlier and entered military professional educational organizations or military educational organizations of higher education, the date of enrollment in these educational organizations.
11. The end of military service is the date of exclusion of a serviceman from the lists of personnel of a military unit.
A serviceman must be excluded from the lists of personnel of a military unit on the day of the expiration of his military service, unless:
the serviceman is on inpatient treatment;
a female soldier is on maternity leave or parental leave;
a conscripted military serviceman, at his request, remains in a military unit until the day of departure vehicle carrying out individual or organized transportation of military personnel transferred to the reserve;
Young people waiting for the agenda in 2020 are already worried about related questions: when will the draft events take place, how long will they serve this year? Now, i.e. in 2020, serve in the army for the same period as in 2018. The term of military service has remained unchanged since 2008.
In addition, conscripts every year hope that the government can cancel the military service, and the Armed Forces will be recruited from contract soldiers. In this article, we will try to clarify these and other questions regarding the 2020 call.
When they call
Call-up events are held annually in two stages, in spring and autumn. As a rule, students who have not passed the winter session fall into, and those who have graduated from colleges or universities and do not intend to continue their studies. Most of the autumn recruits are young people from rural areas involved in summer period in field work, as well as citizens who did not enter educational institutions.
It should be understood that there are no separate summer and winter calls. The misunderstanding comes from the fact that spring events take place in June and July, and autumn events take place throughout December. read more
The 2020 call-up events will be held twice:
- in the spring period from April 1 to July 15;
- from 1 October to 31 December.
These terms apply to the majority of Russian citizens. Slightly different dates await certain categories of recruits:
- Residents of the Far North and regions equivalent to it will be called up for service in the spring from May 1, and in the fall from October 15. Completion of events at the same time as for the rest.
- Male teachers are called up only in the spring from May 1 to July 15. In the autumn they will not be taken into the army.
- Young people engaged in rural work receive subpoenas only for the autumn conscription from October 15 to December 31. In the spring, they do not receive a summons, as they have to participate in sowing work.
In 2020, young people from 1990 to 2000 will be drafted into the ranks of the Armed Forces. A summons to the military registration and enlistment office cannot be brought earlier or later than the deadlines specified above.
Will the term be extended in 2020?
For young people and their parents, the issue of service life has always been a burning issue. Every time before the next recruitment, there are rumors about an increase in the term to 1.5 years or a return to a two-year army. In 2012, Sergei Shoigu, Minister of Defense, said that the term of service for conscript soldiers was 1 year. To date, there have been no changes in the legislation on this issue.
Therefore, for 2020, the annual military training remains relevant. Also, no changes are expected in the terms of alternative service - as before, 21 months remain, and if a civilian position in the military field is chosen, then 18 months.
Will military service be replaced with contract service?
Valery Gerasimov, chief of the General Staff, said in 2012 that one year of military service is enough to teach recruits the basics of military affairs. Contract soldiers will be involved in training conscripts for particularly difficult tasks. According to the plans of the Ministry of Defense, the Russian army should be annually replenished with military personnel under the contract for 50 thousand people in order to reach a professional armed forces of almost 0.5 million soldiers by the end of 2017. Today we can note that the goal was successfully achieved.
In addition, in 2011, Dmitry Medvedev said that in the next 10-15 years there is no talk of a full transition to a contract basis. The Armed Forces of the Russian Federation will be staffed according to a combined scheme - contract soldiers and conscripts. The mixed army will continue to operate in 2020.
Thus, 2020 recruits should not hope that they may not be called up for service due to the full transition of the Armed Forces to a contract basis.
Military department
Students at the military department are not subject to conscription, and after receiving a diploma of higher education are included in the stock. At the end of the military department, a citizen is awarded an officer rank. In total, the young man masters military affairs for 450 hours.
The military department makes it possible to simultaneously receive two specialties - an additional military and a basic specialized one. But at the same time, you will have to study with a vengeance, because. failure in one of the specializations can lead to expulsion from the institute and conscription into the army.
The course of study at the military department includes the development of theoretical material, drill, fire. Training ends with military training for 30 days. At the end of the department, a document of a reserve officer is issued.
Who will not be drafted in 2020
The Federal Law "On military duty and military service" clearly indicates those categories of citizens that will not be sent to the service, but will receive a temporary exemption from conscription. The following are entitled to a deferment:
- who have reached the age of 18 (they will be called up after graduation if they do not continue their studies at the university);
- students of colleges and universities, as well as those who continued their studies at universities (masters, graduate students, interns, residents);
- employees of internal affairs bodies;
- citizens whose close relatives require permanent or temporary care due to their state of health or disability;
- single fathers raising one or more children without a mother;
- if there is a child under three years old in the family (after the child turns three years old, the deferment will lose its force);
- if the family has two children or one child and a wife expecting the birth of a second child (there must be documentary evidence of pregnancy);
- candidate for election;
- current MP.
legal assistance
Conscription events are held in accordance with the law of the Russian Federation, but cases are not ruled out when military registration and enlistment office employees intentionally or by coincidence violate federal law. Violations may relate to the delivery of a summons earlier or later than the draft period, the assignment of a conscript that does not correspond to the state of health of the conscript, the call of a citizen who has the right to defer, etc. If you have become a victim of dishonesty of the members of the draft board, it is better to resort to the help of lawyers, rather than trying to solve the problem on your own.
The expert assistance of the employees of our law firm will allow them to avoid the army, they will be able to find a legal opportunity to get away from being sent to the service. On the site, by filling out the appropriate form, you can get a free consultation from an experienced specialist in recruitment affairs. You can also request a free call.
In pre-revolutionary Russia:
Until 1874, recruits (peasants and philistines) served in the army. At first, military service was indefinite; from 1793, the term of service was reduced to 25 years. Gradually, it decreased - and by the time military reform 1874 was already 7 years old.
After the reform, recruitment was replaced by universal military duty. The total service life in the ground forces was 15 years (directly in the service - 6 years, and the rest of the time - in reserve), the total service life in the fleet - 10 years (directly in the service - 7 years).
In 1906, the term of active soldier service was reduced to 3 years. Then, in August-December 1914, general mobilization- in connection with the outbreak of the First World War.
After the revolution of 1917 and civil war a new army began to form in the new state.
IN USSR:
On the basis of various decrees and resolutions of the CEC, the term of service was changed several times until the law on compulsory military service was passed in 1925.
In the ground forces until the beginning of the Great Patriotic War he was 2 years old. In aviation: from 1925 to 1928 - 3 years, from 1928 to 1939 - 2 years, from 1939 to 1941 - again 3 years. He also varied in the fleet. So, from 1924 to 1928, it was necessary to serve 4 years, from 1928 to 1939 - 3 years, from 1939 - 5 years.
After the Great Patriotic War (with the beginning of which mobilization was again carried out), a new law on universal military duty was adopted already in 1949. In accordance with it, men were drafted into the ground forces and aviation for 3 years, into the navy - for 4 years.
In 1967, a new law on universal conscription was adopted, the service life was reduced and amounted to 2 years for those who were sent to the ground forces and aviation, and 3 years to the navy.
In modern Russia:
In 1993, the normative act that existed in the USSR was canceled - the law of the Russian Federation "On military duty and military service" came into force. Initially, the document reduced the service life to 18 months (i.e. 1.5 years), and in the fleet - to 2 years.
In 1996, in connection with the start Chechen campaign a new law came into force, according to which the duration of service in the army and navy was equal - and amounted to 2 years.
In the early 2000s, preparations began in Russia for the separation of conscription and contract military service, and at the same time to reduce the conscription service from 2 years to 1 year. For the first time that Russian leadership plans to shorten military service on conscription, Russian President Vladimir Putin said back in 2002.
The transition took place in stages: for example, young people who went into the army in the fall of 2007 had to serve 1.5 years. And since January 2008, the service life was 12 months - 1 year.
In November 2012, the media, following the statement of the chairman of the State Duma Committee on Defense, reported that the term of service in the Russian army would be revised again. So, according to the chairman of the committee, Vladimir Komoyedov, the optimal duration of service is one and a half years, and reducing the service to 1 year was a “political decision” and actually has a bad effect on the combat readiness of the army.
A source in the Kremlin almost immediately denied this, recalling the president's initiative to reduce the deadlines.
According to the current legislation, military service takes place within a period specified by law. The term "term" has two meanings. So called either a certain period of time, or a certain moment. In military service relations, the corresponding concept is used in both senses. For example, the terms of military service of servicemen called up for military service are calculated in months - a certain period, and the day a citizen acquires the status of a serviceman, i.e. the date of the beginning of military service is a certain moment.
The term is usually associated with the emergence, change or termination of military-service legal relations. The term of military service is the time during which the military service relationship is valid.
For military personnel called up for military service, the duration of military service is imperatively determined by the Federal Law "On Military Duty and Military Service". The term of military service of servicemen undergoing military service under a contract is determined by the period specified in the contract for military service (contract term).
Unlike civil, civil procedural and other branches of law, in which terms are determined by the calculation of a period of time and a calendar date, the term of military service is established only by the expiration of a period of time calculated in years, months, days.
The term of military service is established:
For conscripted military personnel - 12 months;
For military personnel who have graduated from state, municipal or having state accreditation in the relevant areas of training (specialties) non-state educational institutions higher professional education, conscripted military service - 12 months;
For military personnel with the military rank of officer and called up for military service - 12 months;
For conscripted military personnel, one day of participation in hostilities or performance of tasks in armed conflicts, as well as one day of stay in medical institutions due to injuries, contusions, injuries or diseases received during participation in these actions or conflicts, is counted for two days of military service on conscription.
The period of military service does not count:
Time of stay in a disciplinary military unit and the time of serving a disciplinary sanction in the form of arrest;
The time of unauthorized abandonment of a military unit or place of military service, regardless of the reasons for abandonment, lasting more than 10 days.
For a serviceman released from a disciplinary military unit, subject to his impeccable military service, the time spent in a disciplinary military unit may be included in the term of his military service in accordance with the Regulations on the procedure for military service.
Calculation of terms of military service. The specifics of military service relations determined the peculiarities of the calculation of terms. From the moment the term of military service begins, a citizen becomes a serviceman with a special legal status inherent in him, i.e. he acquires rights and duties, and responsibility is placed on him.
Unlike civil legislation (Article 191 of the Civil Code of the Russian Federation), which establishes that the course of a period determined by a period of time begins on the day following the calendar date or the corresponding event, the course of military service begins at 00:00 hours on the corresponding day ( for example, the day the contract comes into force, the day of departure to the place of military service, etc.).
The beginning of the period of military service is considered:
a) for citizens called up for military service who were not in the reserve - the day of departure from the military commissariat of a constituent entity of the Russian Federation to the place of military service;
b) for citizens who entered military service under a contract - the day the contract comes into force;
c) for citizens enrolled in military educational institutions and who have not completed military service or who have completed military service earlier - the day of enrollment in these educational institutions.
The regulation on the procedure for passing military service (clause 3, article 3) establishes special rules for determining the moment of expiration of military service.
The term of military service expires for conscripted military servicemen on the corresponding date of the last month of the term of military service by conscription.
In cases where the expiration of the period of military service falls on a month in which there is no corresponding date, the specified period expires on the last day of this month. So, taking into account the fact that in March there are 31 days, and in September 30 days, the period started on March 31 will end on September 30.
Military legislation as applied to military service relations does not provide for the calculation of terms in weeks, days and hours, as well as special rules in relation to cases where the expiration of terms falls on non-working days.
The end of military service is the date of exclusion of the serviceman from the lists of personnel of the military unit.
A serviceman must be excluded from the lists of personnel of a military unit on the day of the expiration of his military service, unless:
The soldier is on inpatient treatment;
A female soldier is on maternity leave or parental leave;
A conscripted military serviceman, at his request, remains in the military unit until the day the vehicle is dispatched, carrying out individual or organized transportation of military personnel transferred to the reserve;
The soldier participates in the campaigns of ships;
A soldier is in captivity, in the position of a hostage or an internee;
A serviceman is missing without a trace - until he is recognized as a statutory the order of missing or declaring him dead;
The soldier is under investigation;
In other cases established by the Regulations on the procedure for passing military service Federal Law No. 53-FZ of March 28, 1998 “On military duty and military service” (as amended and supplemented, effective from May 19, 2013) // URL: http ://www.pravo.gov.ru (date of access: 03/24/2016).
The duration of the military service of a serviceman includes all terms of his military service, both on conscription and under a contract, including in cases of re-entry into military service.
The duration of military service is determined on a calendar basis.
In cases established by federal laws and other regulatory legal acts of the Russian Federation, the duration of military service is determined on a preferential basis.
Federal Law of March 6, 2006 No. 35-FZ "On Countering Terrorism" to military personnel of federal bodies executive power who are serving (served) in units directly carrying out (carrying out) the fight against terrorism, one day of service for one and a half days is counted in the length of service for the assignment of pensions, and during participation in the conduct of an anti-terrorist operation - one day of service for three days, if the legislation The Russian Federation does not provide for a more preferential calculation of length of service (Article 23).
The terms of military service also include the duration of holidays granted to servicemen, which are legal facts (events) included in the content of military service.
In the cases specified by the above-mentioned Law, the terms of military service may be increased. So, the period of military service does not count:
a) the period of stay of a serviceman in a disciplinary military unit;
b) the time of serving the arrest by the convicted servicemen;
c) the time of serving a disciplinary sanction in the form of arrest;
d) the time of unauthorized abandonment of a military unit or place of military service lasting more than 10 days, regardless of the reasons Gimaev, I.R. Military service of the Russian Federation in the conditions of administrative reform: a textbook - 2nd ed., Sr. - M.: RAGS, 2011. - 301 p.
Thus, all male citizens are subject to conscription for military service between the ages of 18 and 27. From the moment of conscription and assignment of the first military rank, military service begins.
Passing military service is a process of changing legal status military personnel in connection with the occurrence of certain legal facts in the performance of military service from the moment it begins to its end.
All of the above testifies to the precise and clear legal regulation of conscription military service, from the moment the service begins to the moment it ends.
According to the Federal Law "On military duty and military service", the beginning of the service life of a conscripted serviceman is the date the military rank of "private" is awarded, which should occur on the day the conscript arrives at the assembly point. The corresponding entry in the military ID - on the assignment of the rank of "private" - must be made after the conscript passes the control medical board at the assembly point. There can be no exception. But just in case, the conscript should check whether the corresponding entry was made on the day of arrival at the collection point.
All the time the recruit is at the assembly point, after the assignment of the military rank of "private", is included in the service life. As a rule, military personnel do not stay at the assembly point for long, but it happens that some can be kept there for more than one week. The fact is that it is allowed to have a reserve of conscripts, which is used, if necessary, to replenish military teams in case of illness of individual conscripts or the impossibility of sending them for other reasons. Moreover, it is forbidden to return ordinary soldiers who are in reserve to military commissariats. They are distributed according to the last teams to fulfill the norm of conscription of citizens for military service. This is the reason for the delay of some conscripts at the assembly points, as well as the refusal of the command to leave the location of the assembly point.
Is the time of going home after demobilization included in the term of service?
Amendments to the Federal Law "On military duty and military service" from January 1, 2008 abolished regular vacations for conscripted servicemen, thereby making it impossible for the command to encourage conscientious servicemen with early dismissal. Today, the term of service in the Russian army is exactly 12 months (neither a day earlier, nor a day later). The date of the end of military service by conscription is the day when the serviceman is excluded from the lists of the unit, except for cases when the serviceman: is on inpatient treatment; at his request, remains in the military unit until the day of dispatch of the vehicle carrying out individual or organized transportation of military personnel transferred to the reserve; participates in the campaigns of ships; is in captivity, in the position of a hostage or internee; missing - until he is declared missing in accordance with the procedure established by law or declared dead; in relation to a serviceman who is suspected or accused of committing a crime, measures of restraint have been chosen in the form of detention in a guardhouse or observation by the command of a military unit.
There are cases when the command goes to meet the soldier and releases him from the location of the unit a few days earlier, but such situations are rare and are possible only if the commander takes them under personal responsibility.
Following the same home from the military unit after demobilization in the total service life is not counted.
