Age limit for military service. The age limit for military service has been increased The age limit for military personnel from one year

The legal framework that determines the age limit for military service

Features of service in the country's troops are regulated by the law "On military duty and military service" dated March 28, 1998 No. 53-FZ. Art. 49 of this regulation is called "The age limit for military service" and contains the exact figures for the maximum age for military positions.

In addition, legal norms relating to the restriction of stay in the ranks of the armed forces are available in the Regulation on the procedure for performing military service, which was approved by the President of Russia on September 16, 1999 by his decree No. 1237.

The mentioned provision, among other things, coordinates the issues of signing contracts with military personnel and, in particular, the nuances of signing such an agreement with personnel who have reached the age limit for military service.

Age restrictions in the armed forces

Legislators put the age limit for military service in interdependence with the rank to which a citizen managed to rise. In 2014, this age for the entire staff was increased by 5 years, but the officer's right to retire from the military ranks before his onset remained untouched. So Art. 49 of Law No. 53-FZ provides for the following age limit:

  • 65 years for marshal ranks, army generals, fleet admiralty, colonel generals, admirals;
  • 60 years for lieutenant general, vice admiral, major general and rear admiral ranks;
  • 55 years for colonel ranks and captains of the 1st rank;
  • 50 years for other army ranks.

For women serving in the armed forces, a generalized age limit for military service has been introduced, which is not determined by rank and is 45 years.

For military personnel serving in bodies (the Ministry of Internal Affairs, the FSB, and the like), special laws may establish other age limits.

The age of the military reserve has also been increased. 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. 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. Female reserve servicemen in the officer rank are called up to 50 years old, and the remaining ones - up to 45 years old.

In addition, if a serviceman has approached the age limit for military service, a fresh contract can still be signed with him:

  • with marshals of the Russian Federation, army generals, fleet admirals, colonel generals, admirals - up to 70 years;
  • with military personnel in other ranks - up to 65 years.

Renewal of the contract with the age soldier

Download contract form

If a serviceman has reached the age limit for military service, this is not grounds for dismissal. When ready to serve further, a contract can be signed with him again for a year, as well as for 3, 5, 10 years.

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:

  1. In relation to the highest officers and positions equated to them - the Supreme Commander-in-Chief of the country.
  2. In relation to colonels, captains of the 1st rank and positions equivalent to them - the commanding staff of the federal executive body of the region in which service is supposed to be carried out.
  3. With regard to military personnel in lieutenant colonel and captain ranks of the 2nd rank and below, the decision is made by those officials who have the right to appoint the listed military personnel to their positions.

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. To determine the physical condition of the candidate may be sent for certification by the military medical commission. The opinion of doctors on the state of health of a serviceman must be submitted to the person responsible for making a decision on signing the contract no later than 4 months before the end of the term of service of the candidate in question.

Military personnel are subject to dismissal on the grounds provided for in Art. 51 FZ No. 53 of March 28 1998 "On the military ..." (hereinafter - the Law).

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Among other grounds, the Law provides for dismissal upon reaching a certain age.

Legislation

Legislative regulation is carried out:

Normative act For which categories is the age limit regulated?
Law military personnel
Federal Law No. 40 dated April 3. 1995 “On federal…” (hereinafter – Federal Law No. 40) FSB officers
Federal Law No. 342 dated November 30. 2011 “About the service…” Employees of the Ministry of Internal Affairs
Federal Law No. 141 dated May 23, 2016 “On Service…” Employees of the State Fire Service and the Ministry of Emergency Situations
Federal Law No. 79 of July 27, 2004 “On the State ...” civil servants

Definitions

Dismissal upon reaching the age limit - the procedure for the annulment of a contract with a military man or an employment contract with a civil servant due to the employee reaching a certain age, provided for by the relevant federal law.

basic information

Special federal laws establish provisions on the age of citizens, upon reaching which labor relations are terminated.

Basically, the age limit depends on the special military rank. For example, Art. 16.1. Federal Law No. 40 sets the age limit for FSB employees:

Employment principles

Based on Part 1 of Art. 2 of the Law, military service is recognized as a special type of federal public service.

And this means that the subjects of the Russian Federation are not entitled to establish their own conditions, terms, place and procedure for performing military service. All this is determined at the federal level.

Basic principles of employment of military personnel:

  • the right to conclude a contract is given not only to citizens of the Russian Federation, but also to foreigners who meet all other requirements (part 1 of article 32 of the Law);
  • a citizen choosing to serve under a contract has the right to choose the type of military formation (the requirement does not apply to conscripts);
  • after the conclusion of the contract, the military may be transferred to another locality or another branch of the military in the manner prescribed by Art. 44 of the Law and Decree of the President of the Russian Federation No. 1237 of 16 September. 1999 “Questions…” (hereinafter referred to as the Decree);
  • in relation to each military man upon reaching a certain length of service, disability or other pension grounds, the issue of assigning a pension is considered in accordance with the Law of the Russian Federation No. 4468-1 of February 12. 1993 "About the pension...".

Termination of employment relationship

Termination of labor relations is carried out in the manner prescribed by Section 7 of the Law (Art. 50 - Art. 51.1.).

Main nuances:

  • senior officers are dismissed by the President of the Russian Federation, the rest - in the manner prescribed by the Decree;
  • the procedure for dismissal upon reaching the age limit provides for dismissal, in other cases - to the reserve or with military registration;
  • the contract can be terminated, including ahead of schedule (part 3 of article 51 of the Law - for example, for family reasons or when the VVK is recognized as limited fit).

Foundations

In Art. 51 of the Law indicates the grounds for the occurrence of which dismissal is carried out:

  • reaching the maximum age for military service;
  • expiration of the contract or term of military service;
  • assignment to the military within the framework of the military military service of the fitness category “D” or “B”;
  • deprivation of military rank in the manner determined by Art. 48 of the Law;
  • due to loss of trust;
  • upon entry into legal force of a court verdict on the imposition of a military punishment in the form of imprisonment (including conditional) for an intentional act;
  • in case of expulsion from a military educational organization or an educational organization that has a military department (Article 20, Article 20.2 of the Law);
  • in the event of the entry into force of a court verdict depriving a military man of holding certain positions;
  • election of a military deputy of the State Duma or a deputy of the legislative body of a constituent entity of the Russian Federation;
  • termination of Russian citizenship and acquisition of a foreign one.

Timing

In addition to the general grounds, there are also reasons for the appearance of which early dismissal is carried out:

  • OShM (organizational and staff activities);
  • transition from military service to the Department of Internal Affairs, the Russian Guard, the State Border Service, the establishment of the penitentiary system;
  • in connection with non-fulfillment of the requirements of the concluded contract;
  • in case of refusal of admission to the state. secret;
  • upon entry into force of a court verdict on conditional conviction for a crime committed through negligence;
  • upon failure to pass the probationary period in the manner prescribed by Art. 34.1. Law;
  • in case of non-compliance with the requirements specified in Part 7 of Art. 10 and Art. 27.1. Federal Law No. 76 of May 27, 1998 “On the status of ...” (for example, when carrying out military business activities, when receiving income from publications and speeches, if they are directly related to military service);
  • in connection with the transfer to the federal civil service;
  • in case of refusal to undergo mandatory chemical and toxicological examinations for the presence of narcotic substances in the body.

Based on paragraph 12 of Art. 34 of the Decree, dismissal on the grounds for which it is not required to obtain mandatory consent to dismissal is carried out by the command of the corresponding military unit without a report from the serviceman.

Other grounds for which consent to dismissal is required require the provision of a report.

So, by virtue of paragraph 3 of Art. 34 of the Decree, a military man who has reached the age limit, if he wishes to conclude a new contract in the manner prescribed by Part 3 of Art. 49 of the Law, must submit a report on the command of the official who decides personnel matters, no later than 6 months. before the expiration of the current contract.

Below is a sample report:

Dismissal upon reaching the age limit

Part 1 Art. 49 of the Law regulates the age limit, depending on the military rank:

Exceptions

The military is granted the right to conclude a new contract already upon reaching the above age, up to the achievement of:

What are the payments

A military man, upon dismissal by age, has the right to apply for:

  • lump sum allowance;
  • financial assistance;
  • bonus payments;
  • payments upon recognition as unfit according to the results of the VVK.

Lump sum

Based on part 3 of Art. 3 FZ No. 306 of November 7. 2011 “On monetary ...” (hereinafter - Federal Law No. 306), the amount of the lump sum payment depends on the length of service under the contract:

  • if less than 20 years old, an allowance in the amount of 2 salaries is paid;
  • if over 20 years - in the amount of 7 salaries.

In accordance with part 5 of the same article, if the military was awarded the state award of the Russian Federation during the period of service, the amount of the allowance is increased by another 1 salary.

Part 4 of the same article indicates the grounds for non-payment of benefits, in particular, upon dismissal:

  • by a court verdict of deprivation of liberty;
  • upon deprivation of military rank;
  • in connection with expulsion from a military educational organization, etc.

Other payments

If at the time of termination of the contract the military was filling a certain position, and a bonus was awarded to him, it will be paid along with the monetary allowance for the current month of service.

The amount of bonuses and the procedure for their payment are regulated by the provisions of the Order of the Ministry of Defense No. 2700 of December 30. 2011 “On Approval…” .

Based on clause 77 of this Order, the amount of the bonus cannot be more than 3 salaries.

Contractors, in general, are paid a bonus in the amount of no more than 25% of the salary in any particular month (including the month of dismissal).

Material aid

The military is provided with annual material assistance, the amount of which cannot be higher than the official salary assigned for the rank and position.

To receive assistance, a report is submitted to the commander with the appropriate petition. If this year has already received a mat. assistance, upon dismissal, it will not be paid.

Recognized as unfit

If the VVK is recognized as unfit for military service, dismissal is carried out on the basis specified in paragraph “c” of Part 1 of Art. 51 of the Law.

In this case, the following payments are accrued:

  • unpaid at the time of recognition of monetary allowance in the manner approved by Art. 2 FZ No. 306;
  • compensation for unused vacation;
  • payment of sick leaves;
  • allowance in the amount of 2 or 7 salaries - depending on the length of service under the contract;
  • premium (if any);
  • mat. assistance (if it has not yet been paid in the current year).

ConsultantPlus: note.

On the dismissal of military personnel who have reached the age limit for military service, see Article 2 of Federal Law No. 64-FZ of April 2, 2014.

1. The age limit for military service is established for:

1 in ed. Federal Law of April 2, 2014 N 64-FZ)

(see text in previous)

2.1. For servicemen undergoing military service in the bodies, other federal laws may establish a stay in military service other than that provided for by this article. The provisions on the age limit for military service contained in such federal laws shall apply in the cases provided for by this Federal Law, with the exception of the provisions of paragraphs 1 and 2 of this Article, as well as in other cases established by federal laws and other regulatory legal acts of the Russian Federation.

(Clause 2.1 was introduced by Federal Law No. 159-FZ of June 23, 2014)

ConsultantPlus: note.

Servicemen who have reached the age limit for military service and who have entered into a new contract for military service in accordance with paragraph 3 of Article 49 of this document before the date of entry into force of the Federal Law of 02.04.2014 N 64-FZ, have the right to retire from military service due to age - upon reaching the age limit for military service established by this document in the version that was in force until the date of entry into force of the Federal Law of 04/02/2014 N 64-FZ (Part 3 of Article 2 of the Federal Law of 04/02/2014 N 64-FZ).

(Clause 3 as amended by Federal Law No. 64-FZ of April 2, 2014)

(see text in previous)

Article 49

The age limit for military service is set 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.

2. For female military personnel, the age limit for military service is set at 45 years.

2.1. For servicemen doing military service in the bodies, other federal laws may establish a different age than that provided for by this article, the age limit for military service. The provisions on the age limit for military service contained in such federal laws shall apply in the cases provided for by this Federal Law, with the exception of the provisions of paragraphs 1 and 2 of this Article, as well as in other cases established by federal laws and other regulatory legal acts of the Russian Federation.

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.

Article 18

(see text in previous

Servicemen of the bodies of the federal security service from among highly qualified specialists in the length of service for the purpose of assigning a pension and calculating a percentage allowance for the length of service may be credited with the length of service of their work prior to enlistment in military service in the manner determined by the head of the federal executive body in the field of security.

(As amended by Federal Law No. 86-FZ of June 30, 2003)

(see text in previous

The time spent by employees of the organs of the federal security service on special assignments in special services and organizations of foreign states, in criminal groups is subject to credit for length of service in a preferential calculation for the appointment of a pension, the assignment of a military rank and the calculation of a percentage bonus for length of service in the manner determined by the Government of the Russian Federation.

For civil personnel of federal security service organs, official salaries (tariff rates) are established with an increase of 25 per cent for work in federal security service organs.

(Part three as amended by Federal Law No. 49-FZ of May 7, 2002)

(see text in previous

Part four is excluded. - Federal Law of 07.05.2002 N 49-FZ.

(see text in previous

Servicemen of federal security service organs in the performance of their official duties in rural areas shall enjoy the right to travel by passing transport (with the exception of personal transport) upon presentation of an official identification card.

(Part four as amended by Federal Law No. 122-FZ of August 22, 2004)

(see text in previous

Servicemen of federal security service organs who ensure the security of transport facilities have the right to travel by train, river, sea and aircraft within the boundaries of the facilities they serve without acquiring travel documents, solely in the performance of their official duties related to ensuring the security of these facilities.

(part five as amended by Federal Law No. 122-FZ of 22.08.2004)

(see text in previous

Employees of bodies of the federal security service who use personal transport for official purposes are paid monetary compensation in the manner and amount established by the Government of the Russian Federation.

Servicemen of federal security service bodies shall install telephones at their place of residence at the current tariffs within a period not exceeding one year from the date of filing the application.

(as amended by Federal Law No. 122-FZ of 22.08.2004)

(see text in previous

Parts eight through nine are no longer valid. - Federal Law of August 22, 2004 N 122-FZ.

(see text in previous

The time spent by servicemen of federal security service organs under treatment in connection with wounds, contusions or mutilations received by them in the performance of their duties is not limited only if there are undeniable data on the possibility of restoring the ability to perform military service.

Part eleven is no longer valid. - Federal Law of August 22, 2004 N 122-FZ.

(see text in previous

Civilian personnel of federal security service organs, as well as children under the age of 18 of persons from among civilian personnel, have the right to medical care in military medical organizations of federal security service organs, carried out at the expense of funds allocated from the federal budget for the maintenance of federal security service organs .

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 term 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 of 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 should be carried out by the relevant officials, 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 servicemen 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 day of the last year of the contract term, or on the corresponding day 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, the 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 date 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.

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 term 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 of 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 should be carried out by the relevant officials, 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 servicemen 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 day of the last year of the contract term, or on the corresponding day 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, the 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 date 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.

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