And again about pensions

Dear editors! From 1976 to 1978, I served as a sergeant in the Transbaikal Military District. From 1978 to 1993, I worked as a driver in a local military store. Since 1993, I have been a contract officer in the Armed Forces. Please explain to me until what year I must serve in the Armed Forces to be eligible for a pension.

Major Valery SHUSTOV, Chita Region

Currently, the Law of the Russian Federation "On Pension Provision for Persons Who Have Completed Military Service, Service in Internal Affairs Bodies, Institutions, and Bodies of the Penitentiary System, and Their Families" dated February 12, 1993, establishes two types of retirement pensions:

- for 20 years or more of service;

- for seniority, taking into account the length of service.

The second option is more suitable for you, as you need to serve for another 11 years to reach the 20-year service requirement.

Your period of military service is counted as part of your seniority in the usual calendar year, despite the fact that you served in the Transbaikal Military District. The fact is that military service on conscription as a soldier, sailor, sergeant and petty officer (previously - urgent military service) is subject to crediting in the length of service on preferential terms for military personnel of military units, headquarters and institutions of the active army, military personnel who served in military service or were held captive during the Great Patriotic War, who took part in the military service of the participation in the liquidation of the Chernobyl nuclear power plant accident or unjustifiably prosecuted or repressed (paragraph 1 of paragraph 5 of the Resolution of the Council of Ministers-Government of the Russian Federation "On the procedure for calculating the length of service, assigning and Paying pensions and allowances to persons who served in the military as officers, warrant officers, midshipmen and conscripts or conscripts"). under contract as soldiers, sailors, sergeants and petty officers or serving in the internal affairs bodies and their families in the Russian Federation&dated September 22, 1993, No. 941).

Now, let's talk about an option that is acceptable to you. To be eligible for a retirement pension based on your work experience, three conditions must be met, each of which is mandatory:

- you must be dismissed from military service upon reaching the maximum age for military service, due to health reasons, or in connection with organizational and staffing measures (regardless of the time of dismissal);

- to reach the age of 45 on the day of dismissal;

- have a total work experience of 25 calendar years or more as of that date, of which at least 12 years and 6 months must be military service (Article 13 of the Law of the Russian Federation "On Pension Provision for Persons Who Have Served in the Military, Internal Affairs, Institutions, and Bodies of the Penitentiary System, and Their Families" dated February 12, 1993).

Your total work experience is:

- for the period 1976-1978 - 4 years (paragraph 3 of Article 10 of the Federal Law of the Russian Federation "On the Status of Military Personnel" dated May 27, 1998);

- for the period 1978 - 1993 - 15 years;

- for the period 1993-2000 - 7 years. Total 26 years, of which military service is 9 years. Thus, in order to obtain the right to a pension for seniority, taking into account the length of service, you need to serve in the Armed Forces of the Russian Federation or in another federal executive authority of the Russian Federation, which provides for military service, in the internal affairs bodies or in institutions and bodies of the penal system for 3 years and 6 months.

Remember that the first two conditions must be met in order to be eligible for this type of retirement pension.

For organizational staffing - for a vacant position

Does the regimental command have the right to dismiss me in connection with organizational and staff activities in the company without my consent due to the fact that I do not want to go to another company for a higher position? I want to remain in the same position in the vacant position (such are available), even lower-level, until the end of the contract in 2004.

Captain Andrey Lysenko, Makarov, Sakhalin Region

The procedure for dismissal due to organizational and staffing measures does not require the military personnel's consent to be dismissed as a prerequisite, with the exception of the last paragraph of Article 34 of the Regulations on the Procedure for Military Service, approved by Presidential Decree No. 1237 dated September 16, 1999. Therefore, the right to dismiss a military personnel due to organizational and staffing measures is fully vested in the military authorities. However, the grounds for dismissal due to organizational and staffing measures must be legal.

Based on the requirements specified in paragraph 4 of Article 34 of the Regulations on the Procedure for Military Service, approved by Decree of the President of the Russian Federation No. 1237 dated September 16, 1999, and the situation you have described, there are no legal grounds for your dismissal due to organizational and staffing measures, and you should be appointed to a vacant position in accordance with the procedure established in subparagraph "a" of paragraph 17 of Article 11 of the aforementioned Regulations.

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If your dismissal due to organizational and staffing measures takes place under these circumstances, you can challenge it in court.

Apartments for those in need

In May 1994, I was transferred from the city of Baltiysk in the Kaliningrad region, where I had a 2-room apartment for a family of 4, to the city of Kronstadt in the Leningrad region. Currently, the apartment in Baltiysk is vacant. In Kronstadt, I am being denied housing due to the fact that I already have an apartment. I have not received any money for rent or accommodation in a dormitory. Am I eligible for housing in Kronstadt?

Captain 3rd Rank Viktor BARANOV, Kronstadt, Leningrad Region

Military personnel who need to improve their living conditions have the right to receive housing under a social rental agreement. These include:

- persons who do not have living space under an indefinite social rental agreement in state and municipal housing facilities, both at their place of service and in other areas;

- individuals who improve their living conditions.

You will be classified as a member of the second category if the amount of living space per member of your family is less than the minimum required (paragraph 1, subparagraph "a" of paragraph 7 of the Model Rules for Registering Citizens in Need of Improved Housing Conditions and Providing Housing in the RSFSR, approved by the Resolution of the Council of Ministers of the RSFSR dated July 31, 1984, No. 335). You can find out the amount of the minimum required living space in the local government body of Kronstadt.

If the amount of living space per member of your family is less than the accounting and supply standard, the military unit's housing commission's refusal to recognize you as a candidate for better housing conditions is not based on the law.

However, the military unit is obliged to provide you with a service apartment in any case (Article 15, paragraph 1, of the Federal Law "On the Status of Military Personnel" dated May 27, 1998).

Choose any respondent

In 1999. The Air Force declared me unfit for military service in the area. The transfer was refused. In December, he filed a report of dismissal. To date, the command has not submitted documents to higher authorities due to the fact that the personal file was not returned after calculating the length of service.

Please tell me, are there any time limits for military personnel to be dismissed, as is the case for civilians under the Labor Code?

Since there is a violation of paragraph 1 cm. 16 of the Federal Law "On the Status of Military Personnel", who should be the defendant if I do not know the true perpetrators because the command refuses to provide me with the resolutions on the report?

Lieutenant Colonel Alexander NIKULIN, Dudinka, Taimyr Autonomous District

The temporary regulations for dismissing military personnel from military service are established by paragraph 24 of Article 34 of the Regulations on the Procedure for Military Service, approved by the Decree of the President of the Russian Federation dated September 16, 1999.

In accordance with paragraph 1 of Article 16 of the Federal Law "On the Status of Military Personnel" dated May 27, 1998, you can choose the official who, in your opinion, is violating the rights granted to you by this law as the defendant. Do not be afraid to make a mistake, as the court will determine the appropriate defendant during the investigation of the case, if the defendant you have chosen turns out to be inappropriate (Article 36 of the RSFSR Civil Procedure Code).

Housing - on a general basis

In October 2004, I will be leaving the military at the end of my contract. At that time, I will have served in the military for 15 years (including 20.5 years of preferential service). After the contract expires, I plan to move to a new location.

Do I have the right to purchase housing in accordance with paragraph 7 cm. 15 of the Federal Law "On the Status of Military Personnel" or in accordance with paragraph 13. cm. 7, upon the command's request, to be included in the list of members of the Housing Cooperative Association, or to receive a housing certificate.

Captain Igor DEREVYANKO, Kokuy, Chita Region

You do not have the rights mentioned in the question, as they apply to military personnel who are being dismissed from military service, or to citizens who have been dismissed due to reaching the maximum age for military service, health reasons, or organizational changes. You will have to solve your housing problems in a general manner, for example:

- you can register as a person in need of better housing conditions at your place of permanent residence and receive free housing under a social rental agreement in accordance with the waiting list;

- you have the right to join a housing cooperative and receive an apartment there (Article 111 of the RSFSR Housing Code);

- You can use the right to receive a gratuitous subsidy for the construction or purchase of housing in accordance with the Decree of the Government of the Russian Federation dated August 3, 1996, No. 937, which approved the Regulations on Providing Gratuitous Subsidies for the Construction or Purchase of Housing to Citizens of the Russian Federation in Need of Improved Housing Conditions.

List and forms required for obtaining the license

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The subsidies for documents are determined by the joint decree of the State Committee of the Russian Federation for Architecture and Construction and the Ministry of Finance of the Russian Federation dated March 3, 1994, No. BE-19-6/3.

Termination fee

When I was discharged from the Armed Forces, I received a one-time payment of six salaries. The legal documents were not made available to us, and I cannot trust the financial authorities. Was this payment made correctly?

Senior Reserve Midshipman Alexander SYSOEV.

Polyarny, Murmansk region

Payment to you was made correctly on the basis of paragraph 4, clause 3, Article 23 of the Federal Law of the Russian Federation "On the Status of Military Personnel" of May 27, 1998 and subclause "a" of clause 17 of the Resolution of the Council of Ministers-Government of the Russian Federation "On the Procedure for Calculating Seniority, Assigning and Paying Pensions and Allowances to Persons who Served in the Military as officers, ensigns, midshipmen and military personnel on long-term service or under contract as soldiers, sailors, sergeants and petty officers or in the internal affairs bodies, and their families in the Russian Federation&dated September 22, 1993, No. 941.

Able-bodied people do not have benefits

After my husband's death in the line of duty during a state of emergency, I was issued a certificate for benefits equivalent to those of participants in the Great Patriotic War. Currently, I am not included in the list of widows eligible for benefits, as I am considered to be of working age, despite the fact that I am entitled to such benefits under the Federal Law "On the Status of Military Personnel."

Please explain whether I am eligible for benefits and which laws apply to me.

Zarima KABIEVA, Ufa, Bashkortostan

Indeed, according to paragraph 1 of Article 21 of the Federal Law of the Russian Federation "On Veterans" dated January 12, 1995, you are not entitled to the benefits provided by this provision of the Law.

According to the Federal Law of the Russian Federation "On the Status of Military Personnel" dated May 27, 1998, you are entitled to the benefits provided by the Federal Law of the Russian Federation "On Veterans" for family members of military personnel who died in the Great Patriotic War. These benefits are provided only if the family member is disabled and is financially dependent on the family of a deceased participant in the Great Patriotic War.

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