Legal basis of military service: description, requirements and features

The military type service is the most important type of civil activity in the territory of Russia. Naturally, such an important phenomenon should be regulated by law. What are the legal bases for military service? From this article you can get an answer to this question.

About legal sources

Of course, the most important and large source in the legal basis of a military type service is the Russian Constitution. It is worth paying attention to article 59 of the country's basic law. It is here that the defense of the state is spoken of as the duty and duty of every citizen without exception. Article 59 establishes the norm, according to which every capable Russian male, who has not reached the age of 27, must perform military service in strict accordance with the Federal Law. However, if a citizen's convictions are contrary to the performance of military duties, an alternative can be proposed in the form of a civil service .

What else does the Russian Constitution say? It is worth highlighting Article 71, according to which the exclusive jurisdiction of federal bodies includes issues of peace and war, security and defense, protection of the state border, and so on.

The legal basis for military service in Russia is not limited to the Constitution alone. There is the Federal Law "On Military Duty and Military Service" of 1998. It is in this normative act that all the main provisions concerning the fulfillment of military duties by Russian citizens are fixed.

About military duty

The legal basis of military service in the form of the presented bill fixes the concept of military duty. According to the normative act, the concept under consideration is a collection of such elements as:

• Stay in stock;
• Preparation for service;
• Military appeal;
• Military accounting;
• Call for military training.

Separately, the concept of military duty in the mobilization period is regulated.

Here it is worth noting the following components:

• A call to the service;
• Military training;
• Passing service.

The law speaks of the existence of the principle of voluntariness, according to which citizens can fulfill their constitutional duty.

Duties of state bodies

The legal basis for military service is a set of rules containing provisions on various elements of a military-type service. Article 4 of the Federal Law under consideration establishes the rights and functions of public authorities in the sphere of military service provision.

Officials responsible for military registration should promptly notify citizens of the need to come to the military commissariat, provide for the possibility of appearing at military commissariats, and send all necessary documents for military registration within two weeks.

The internal affairs bodies, in turn, should search for citizens evading military records, hand over summonses and detain individuals accused of evading military service.

The main activities for the provision of military service

The legal basis for the passage of military service includes provisions for carrying out activities that ensure the quality performance of military duties. What kind of events can this be?

Article 5 of the bill in question refers to medical examination and examination, registration, formation of a human mobilization reserve, construction of military educational organizations, close cooperation of various public authorities with the Ministry of Defense, etc. The law establishes a fairly clear hierarchical structure, in accordance With which the persons participating in the provision and implementation of the activities submitted should receive a monthly salary and travel expenses.

On the organization of military registration

The result of the UCP of the legal foundations of the military service was a clear and qualitative organization of military records. This phenomenon is fixed by legislation in Article 8 of the Federal Law under consideration. In accordance with the 53-FZ, all citizens should pass military service, except for:

• Persons already serving a military type;
• Citizens who are under the decision of the court in places of deprivation of liberty;
• Women who do not have a certificate of military specialty;
• Persons living outside the Russian state on an ongoing basis;
• Citizens who undergo civil service of an alternative type.

Regional authorities of local self-government are able to file a request with the organization to obtain information necessary for military registration, to inform citizens about the need to appear at the military commissariat, to determine the procedure for admission of citizens, etc.

What information about the citizen should the documents contain? This is the surname, name and patronymic, the place and date of birth, the availability of education, the place of work, the degree of eligibility for military service, anthropometric data,

On the preparation of a citizen for military service

What elements, in accordance with Article 11 of the Federal Law in question, include preparation for military service? The normative act contains the following data:

• On obtaining basic knowledge in the field of defense;
• On the bases of military service;
• About patriotic education;
• About medical examination;
• About training in military specialties (for a sailor, sergeant, foreman, etc.).

The acquisition of knowledge by Russian citizens in the field of defense is carried out in educational organizations. The program includes the acquisition of a minimum amount of knowledge about civil defense and civilian skills, as well as in the field of safety.

The legal basis for military service in the Russian Federation also reinforces the notion of military-patriotic upbringing. It is coordinated by the Government of the Russian Federation in conjunction with the Ministry of Defense. Preparation takes place directly in the troops. The program is financed from the state federal budget.

On the call for military service

Articles 22-26 of the Federal Law under consideration fix the grounds for drafting for military service. According to separate normative acts, all men aged 18 to 27 are subject to the appeal, which must be on military records. Persons who are restricted to military service for health reasons, as well as citizens who have already undergone military or civilian alternative service, are exempt from conscription. Persons who have a scientific degree can be released from service.

Strengthens the law and the terms of the draft. It is always two periods: from April 1 to mid-July, from October 1 to the end of December. The form of the appeal is as follows:

• Appearance for medical examination and for the conscription commission meeting;
• Appearance in the place of military service indicated in the agenda.

For all events, one way or another related to the call, citizens are summoned by summonses. The following persons form the calling commission:

• The head of a municipal formation or a person replacing him;
• Deputy Chairman of the Commissariat;
• Secretary of the commission;
• Medical examiner;
• Representative of the relevant authority from the administration in the field of education;
• Employee from the employment service.

Depending on the region, the composition of the commission may be replenished with new persons. Reducing the same composition is strictly prohibited.

Legal basis for military service on a contract basis

How can you characterize a military contract? In accordance with Article 32 of the law in question, this is a written document issued in the manner consistent with the Regulations on Military Service.

The document is sent to the Ministry of Defense of Russia or any other state body that specializes in military service. In the contract itself it is said about the desire to perform military service voluntarily. The terms and conditions for concluding the contract are indicated. The document comes into force from the moment of signing and promulgation by its official.

The legal basis for military service under the contract, therefore, is strictly regulated by the norms of the Federal Law.

On the performance of military duties

Each and every serviceman must perform the following duties:

• To participate in combat operations, to carry out tasks in a military or emergency situation;
• To fulfill official duties, established by laws and regulations;
• To carry out combat duty;
• To take part in the exercises or marches of ships;
• Engage in the implementation of orders or orders issued by the commander;
• Pass military training and exercises;
• Protect the health, life and honor of the individual;
• Participate in the prevention and elimination of the consequences of natural disasters, disasters, etc.

Commanders, in turn, are forbidden to give orders that are not related to military service or violate the laws of Russia.