Military service discharged by nuc. Nuk dismissal

Dismissal for non-compliance with the terms of the contract (NCC) of a serviceman may occur due to serious violations on his part or in connection with the failure to comply with certain clauses of the contract by the Ministry of Defense.

Dismissal by a soldier

Dismissal by NUK on the part of an employee of the Armed Forces may occur for various reasons. Circumstances for early termination of the contract are:

• disciplinary offences;
• administrative offense;
• the onset of criminal liability;
• decision of the certification committee.

All offenses must be documented, otherwise dismissal under the NUS is illegal.

Disciplinary offenses

A misdemeanor of a disciplinary nature is an unlawful act of an employee of the Armed Forces. The normative acts of the legislation list all the circumstances under which a disciplinary sanction can be applied to a serviceman. One of these types of punishment is dismissal under the NUK.

This measure is applied due to serious offenses on the part of the employee, such as a gross one-time misconduct or systematic failure to perform military duties for a certain period of time. At the same time, another disciplinary sanction may not be applied for the same act.

The decision to dismiss for disciplinary offenses is made by the immediate supervisor of the employee who committed them. At the same time, the unit commander must conduct an investigation and provide the higher management with supporting documents along with a report.

Administrative offense

If a serviceman has committed an administrative offense, it is up to the management to dismiss him or not for committed illegal actions. In addition, each case is considered on an individual basis. As a rule, a disciplinary sanction is applied to such an employee.

For reference! The legislation does not establish specific violations of an administrative nature, due to which a contract is terminated with a serviceman ahead of schedule.

Criminal liability

In the event that a serviceman has committed a criminally punishable act that is not related to the restriction of freedom, the higher leadership has the right to dismiss him according to the CPC, if the specifics of the crime are incompatible with the further service of the officer. The decision on this measure of punishment is made by the relevant commission.

At the same time, the dismissal order cannot contain a reference to the fact that the contract with the officer is terminated due to a criminal record, since a double punishment for one violation is unacceptable in such cases. This document will indicate that the employee was fired under the NUK for non-compliance with the law of the Russian Federation.

Certifying commission

Dismissal according to the NUS is also possible upon the conclusion of the attestation commission. It decides whether a soldier has the necessary personal and business qualities to occupy a particular position in the Armed Forces. At the same time, all outstanding disciplinary sanctions, administrative offenses or criminal liability against an employee of the Armed Forces are taken into account.

If the commission has decided that the officer does not meet the generally accepted standards of honor and dignity of the Armed Forces, a protocol is drawn up and sent to the higher management with a request for dismissal of this employee according to the NUK.

Regardless of what circumstances caused the dismissal of a serviceman due to proven fault, he is deprived of annual material assistance, military bonuses and benefits. A dismissed officer may apply to the cassation instances if he believes that his rights have been violated.

Dismissal in case of misconduct of the leadership

Failure to comply with the terms of the contract is also possible on the part of the Ministry of Defense in the person of certain officials. When concluding an agreement on military service, the rights and obligations of both parties are strictly prescribed. According to the legislation, the officer and members of his family are granted special rights, benefits and privileges.

In case of violation or systematic failure to fulfill duties on the part of officials, a serviceman has the right to retire ahead of schedule on his own initiative.

Serious misconduct by superiors includes the following:

• untimely payment of the required monetary allowance;
• inaction in resolving the housing issue;
• refusal to grant regular or additional leave.

All of the above circumstances will be considered systematic by the management of the unit if they are repeated more than three times in a short period of time.

Important! An employee of the Armed Forces has the right to initiate his early dismissal under the NCC only if his rights were not fully restored before applying to higher authorities.

Actions in the event of an offense by management

If the basis for early dismissal under the NUK is an offense on the part of the command, the serviceman must file a report with a higher authority within three months or apply to the judicial authorities.

Taking into account the individual characteristics of the applicant, a decision is made. If it is positive, the serviceman will be able to resign under the NUK on his own initiative, but at the same time all his rights and guarantees must be restored and preserved.

Violation of discipline may lead to the dismissal of a serviceman for NUK (non-compliance with the terms of the contract). What threatens a fined employee and what measures are taken in case of violations? And what do you need to know if the command wants to fire a person?

Foundations of military commanders by NUK

When enrolling in military service, you must sign a contract, which, in fact, is an analogue of an employment contract. It is signed by both privates and officers.

However, breaking a military contract and quitting is much more difficult, since there are more conditions and restrictions in it.

But even members of the command can violate the charter. For example, persuading an employee to write a letter of resignation under the NUS, instead of resigning of his own free will or family circumstances.

Failure to comply with the conditions prescribed in the military contract may consist of the following actions:

• committing misconduct of a disciplinary nature;
• participation in criminal offenses;
• committing various administrative offenses.

Disciplinary offenses are described in more detail in Appendix No. 7 of the Disciplinary Charter of the RF Armed Forces.

Nuance! The decision of the military authorities on the resignation of a serviceman should be based not only on the existence of a violation. A full assessment of how the employee corresponds to the position and qualifications is also taken into account.

Features of dismissal

In order to carry out the dismissal for violation of the terms of the contract, it is necessary to conduct an attestation of a serviceman. It serves the following purposes:

1. A comprehensive and objective assessment of the dismissed person.
2. Checks for compliance with the position occupied by the military.
3. Determining the prospects for his future service.

Thus, attestation is an impartial legal tool that allows you to objectively assess whether it is worth dismissing an employee.

Contestation and ways to resolve the conflict

Two weeks before the day of attestation, the person involved in the case can receive an attestation sheet for review. If he does not agree, and does not want to quit, he can write a statement about this. You can attach additional information about yourself to it, which would characterize it on the positive side.

In addition, the employee has the right:

• attend the meeting of the certification committee;
• challenge its conclusion and the rules of conduct.

This makes it possible to protect your interests and not quit due to non-compliance with the contract without objective reasons.

Reinstatement and statute of limitations

If the military was nevertheless fired according to the NUK, but such violations were made during this procedure, for example, mandatory certification was not carried out or certification was carried out, but had violations of the procedure and deadlines, then he can be reinstated in the service. In this case, the order of dismissal is subject to cancellation in a judicial proceeding.

The statute of limitations for filing a claim with the court is 3 years from the date of exclusion of the dismissed person from the military lists.

According to subparagraph "c" of paragraph 2 of Article 51 of the Federal Law of the Russian Federation of March 28, 1998 No. 53 "On Military Duty and Military Service", a military serviceman who is doing military service under a contract may be early dismissed from military service due to non-compliance with the terms of the contract with soldier's side.

Failure to comply with the terms of a contract for military service may be expressed in the commission of a disciplinary offense, a criminal offense or an administrative offense by a serviceman. Moreover, the commission of a disciplinary offense by a serviceman must be significant or systematic.

A material violation means the commission by a serviceman of one of the gross disciplinary offenses listed in Appendix No. 7 of the Disciplinary Charter of the Armed Forces of the Russian Federation. The commission of systematic offenses by a serviceman - the repeated violation of military discipline - implies a violation of military discipline more than two times in a short time (at least three).

It should be noted that the current legislation does not allow bringing a serviceman to disciplinary responsibility repeatedly for the same disciplinary offense. In other words, if a serviceman's failure to comply with the terms of the contract is expressed in the commission of a disciplinary offense and he has already been brought to disciplinary responsibility, then his dismissal for committing this disciplinary offense is not permissible.

The decision of the command to early dismissal of a serviceman from military service for the above reasons cannot be arbitrary and be conditioned solely by the fact that a serviceman has committed a disciplinary offense, an administrative offense or a criminal offense. This decision should be based on a proper assessment of the serviceman's suitability for the requirements.

One of the prerequisites for the dismissal of a serviceman for non-compliance with the terms of the contract is the certification of a serviceman, which is carried out for the purpose of a comprehensive and objective assessment of the serviceman, determining the suitability of his military position and prospects for further official use.

The fact that certification upon dismissal of a serviceman for non-compliance with the terms of the contract, including extraordinary, is an obligatory element of the procedure for early dismissal from military service is also indicated by the position set out in the Resolution of the Constitutional Court of the Russian Federation dated March 21, 2013 No. 6-P.

Thus, if a serviceman ceased to meet the requirements placed on him, and the command of the military unit decided to initiate a dismissal procedure for him related to non-compliance with the terms of the contract on the part of the serviceman, then the decision on his dismissal should be made exclusively within the framework of the certification procedure.

Certification is a special legal tool, the use of which allows you to assess the readiness of a soldier to perform military duty. The attestation procedure involves an impartial, comprehensive and objective review of the materials submitted to the attestation commission for a serviceman and giving an appropriate opinion on its results.

The objectivity of the conclusions of the certification commission, as well as the observance of the rights and legitimate interests of the serviceman considered for certification, are ensured by providing the serviceman two weeks before the certification with the opportunity to familiarize himself with the certification sheet (including the text of the response to the serviceman), declare in writing his disagreement with the review of his official activities, provide additional information about himself, as well as personally participate in a meeting of the attestation commission, appeal against its conclusion and the procedure for its conduct, which makes it possible to avoid making a biased and arbitrary decision on the early dismissal of a serviceman from military service.

In conclusion, I will add that if the serviceman was nevertheless dismissed on the basis, it is provided

Nuk dismissal

Nuk dismissal

midshipman. The term of service in calendar terms is 11 years.

He entered the military service solely because of family traditions and housing (property).

There are still 7 years to go before getting your own home. Everything would be fine, but here are all kinds of violations, deprivations, outright nonsense and even lawlessness - more than enough. Against this background, there are negligibly few pluses, and those with reservations, and minuses - the fingers of both hands are not enough to bend.

How to reinstate in the army after dismissal?

However, any violation of the charter or legal requirements may be regarded as NUS and serve as a reason for dismissal. In fact, NUK dismissal is a disciplinary measure and the commander has the right (but not the obligation) to apply this measure at his discretion.

If it so happened that a serviceman was dismissed from the army in connection with the NUS, it will be quite problematic for him to be reinstated in the service, since this wording is very extensive and can mean both minor violations of service and serious offenses.

Nuk dismissal

But in reality there are difficulties. If you find a part, a position and you can take an attitude, then consider half the work done. But in the district and in the GUK, they can be refused because of the NUK, then how lucky. The Law does not clearly regulate the prohibition to recruit military personnel who have been previously discharged under the NUS. The question - to take or not to take is at the mercy of the certification commissions, but in fact to the commanders. Clause 5, Article 34 of the Federal Law “On military duty and military service” dated March 28, 1998

What to do with a military mortgage upon dismissal?

In order to purchase housing on a military mortgage, a serviceman must register with the NIS. 3 years after registration in this program, he can use government subsidies to purchase the selected property.

Conditions of a military mortgage upon dismissal of a soldier

Unfortunately, not all military personnel know that a military mortgage upon dismissal is a key point in the NIS program.

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Nuk dismissal

30 days. Keep abreast of changes in legislation. 2. Any disciplinary sanction in accordance with the rights of the commander of the unit, up to early dismissal to the reserve in connection with the failure of the serviceman to fulfill the terms of the contract. 3. But a criminal case is really unlikely here.

A contract with a serviceman is the basis for military service. After fulfilling military duty on an urgent call, a citizen, if desired, can conclude a contract and remain in the army. You can become a contract soldier without military service.

The terms of the contract are binding on both parties. If there are violations of military discipline or law on the part of the military, then the command has the right to dismiss him before the expiration of the contract. But the procedure must be carried out in compliance with all legal requirements. Otherwise, the dismissal may be considered illegal.

The serviceman has the right to demand the termination of the contract himself if the command does not fulfill its obligations to him. Let's take a closer look at these grounds in this article.

Dismissed from the army according to the NUK - what does it mean?

Deciphering the abbreviation NUK - non-compliance with the terms of the contract. A contract for a soldier is the same as an employment contract for a civilian worker. But the difference lies in the fact that when terminating, one should use the norms of not labor, but military legislation.

You can terminate the contract in cases where its conditions are not met by one of the parties. The grounds are specified in Art. 51 of Law No. 53-FZ of March 28, 1998.

Violations by the contractor

• after a violation is detected, an investigation is carried out within 10 days;
• the commander submits a report on the early termination of the contract;
• as a result of consideration of the report, a decision is made to dismiss early;
• an order is issued to terminate the contract.

The immediate supervisor must initiate an unscheduled certification (clause 2.2 of article 51 of law No. 53-FZ). In its process, they check how much a soldier meets the requirements for him, taking into account his rank.

During certification, the following steps are added to the general procedure:

1. formation of the commission;
2. notification of the serviceman about the inspection 2 weeks before its start;
3. the commission establishes the facts of improper fulfillment of the terms of the contract;
4. a protocol is drawn up about this;
5. a proposal for early termination of the contract is sent;
6. The high command gets acquainted with the submitted documents and makes its decision on this issue.

If the reason for dismissal is non-compliance with the terms of the contract by the serviceman himself, the decision does not depend on whether he filed a report or not. The command may not accept this document for consideration.

The fact of termination of the contract is formalized by order.

What payments are due if dismissed by the NUK?

Due to the fact that dismissal from the army occurs on the basis of a violation, the soldier loses the right to receive a number of payments. According to parts 3 and 4 of Art. 3 Law No. 306-FZ dated 07.11.2011 employees do not receive a lump sum payment of several salaries when they leave under the NUS.

Upon termination of the contract due to non-fulfillment of its conditions, the serviceman is deprived of the right to such monetary payments:

• Benefit - 2 or 7 monthly salaries.
• Prizes.
• Annual financial assistance. But if it has already been accrued and paid, the serviceman should not return it.

Consequences: what threatens such termination of the contract?

Upon termination of the contract due to non-fulfillment of its conditions, the serviceman is deprived of the right to:

• lump sum allowance;
• premium;
• financial assistance.

In addition, he will have to hand over clothing items (overcoat, etc.), the service life of which has not yet expired.

If the dismissed person is a participant in the military mortgage, and the dismissal was due to his fault, he must return to the state the money received in the form of a housing loan.

Interest is transferred monthly until it is fully repaid (Part 2, Article 15 of Law No. 117-FZ of August 20, 2004). The reason for dismissal is not taken into account only if the length of service is more than 20 years.

What to do in case of illegal termination of the contract?

If a soldier believes that his dismissal is illegal, he has there is an opportunity to express your disagreement with the results of the investigation or to protest it. This can be done through the court. It is also necessary to provide documentary evidence that the dismissal was illegal or the procedure was not carried out in strict accordance with the law.

You can file a complaint with the commander (chief) within 10 days from the date when the disciplinary sanction was applied (paragraph 83 of the Disciplinary Charter).

Is it possible to be reinstated in military service?

Sometimes a situation arises that a person quit his job at the NUS, but wants to recover.

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Recovery after NUK

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If you are fired due to non-compliance with the contract by the RF Ministry of Defense, then you have a chance.

Recovery after dismissal by nuk

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Reinstatement in the Armed Forces of the Russian Federation after dismissal due to an unresolved issue with housing. The bottom line: I received the Resolution of the Ministry of Defense on the transfer of ownership of housing, but the State Register of

How to reinstate in the army after dismissal?

In connection with the reform carried out in the Armed Forces in recent years, many military personnel were dismissed ahead of schedule, before the expiration of their contracts, in connection with organizational and staffing activities (OSHM).

To be reinstated in the army after dismissal under this article, there should be no obstacles - you must contact the military registration and enlistment office, go through a commission and perform other actions similar to concluding a new contract.

How to be reinstated in the service if dismissed by nuk

Is a pension due upon dismissal from the army, if the length of service is 21 years. And they are not taken out of the order, they are trying to fire them. How to use, what exactly is the microcircuit of the absence of orgasms, according to the front letter to treat wisely.

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Who recovered after being fired by nuk

3A%2F%2Fwww.gvka.ru%2Fforum%2Fpublic%2Fstyle_images%2Fmobile%2Fprofile%2Fdefault_large.png" /% Alexander Petrov 03 Feb 2012

The military commissariat deals with the entry of citizens into military service from the reserve. The military unit can only issue a referral to the draft board but is not obliged.

I got fired for nouc, I'm an officer

1 answer. Moscow Viewed 2616 times. Asked 2013-02-24 13:13:16 +0400 in the topic "Defence, military service, weapons" Further

1 answer. Moscow Viewed 1268 times. Asked 2013-02-04 17:18:01 +0400 in the topic “Defence, military service, weapons” How a reserve officer to recover or re-sign a contract is fired at the end of the contract - How a reserve officer is reinstated or re-sign a contract is fired at the end of the contract.

To make a reservation, can these Nuk be restored by being fired?

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I discovered - nuk the office of the emperor, which can be included in the insurance record.

The statute of limitations for dismissal

For my part, I plan to quit my job at the NUK, because it won’t work out for positive reasons. I would like to continue my service. The question is whether employment in the public service is possible after dismissal from military service for negative reasons?

You have no reason to restore, and the statute of limitations has long passed, but it’s quite possible to try to re-enter the contract. Especially if you find yourself a place of service and take the attitude of the commander.