Served for 10 years and retired as expected. Legislative regulation of obtaining a military mortgage upon dismissal. Possible dismissal options

According to statements by the Russian Ministry of Defense, the cost of purchasing housing is fully reimbursed by the state, while the serviceman does not spend his own funds. Is this really true? It cannot be argued that military mortgages are a deliberate deception of military personnel. But it is obvious that the program has many nuances and pitfalls.

How is a military mortgage paid to a bank?

Having become a member of the NIS, a serviceman receives a personal account. The account is replenished with annual contributions from the federal budget. It is these payments that are transferred to the bank to pay off the loan and are used for the down payment.

The real estate registered under the purchase and sale agreement remains pledged to the credit institution until the mortgage obligations are fully fulfilled. The actual payer of the mortgage loan is the Ministry of Defense. During the loan repayment period, the serviceman’s personal account is not replenished, since all funds are transferred directly to the bank.

Important! Applying for a mortgage is accompanied by additional expenses: home appraisal, life insurance of the borrower and collateral real estate. These expenses are paid by the program participant from his own budget.

How military personnel are cheated on military mortgages

Military mortgage is government support. The goal is to help military personnel solve the housing problem at the expense of the federal budget. However, there are situations when the state stops transferring funds to pay the mortgage or even confiscates the housing. Faced with such a problem, people tend to consider themselves deceived. In reality, neither the bank nor the Department of Defense seeks to defraud the service member. The reason is ignorance of some of the nuances and features of the military mortgage system.

Like any credit product, a military mortgage implies special conditions, subject to which the housing loan is compensated by the state and subsequently becomes the property of the military man. Knowing all the pitfalls, you can avoid problems:

1. You can order a certificate of entitlement to a housing loan after three years from the date of registration in the NIS register;
2. Accumulated funds can only be used to purchase residential real estate;
3. Having taken out a military mortgage, a soldier must serve 20 years or more. In case of early termination of a military contract (except for preferential reasons), you must reimburse the full cost of the mortgage with your own funds;
4. Facility insurance is a mandatory condition of the program and is paid for by the military personnel themselves. Insurance payments must be made annually throughout the loan period;
5. Additional costs for assessing housing and registering a contract, notary and agent services are also not compensated by the state;
6. The certificate is valid for 6 months, the bureaucratic process of collecting documents may take longer;
7. Rosvoenipoteka, as a rule, does not index monthly payments, while the bank initially provides for an annual increase in the monthly mortgage payment. This may result in a longer loan repayment period.

As in any real estate transaction, purchasing an apartment using a military mortgage may be accompanied by fraud on the part of unscrupulous sellers and realtors. The main part of the scams occurs in the secondary housing market:

1. Sale of real estate by third parties using forged documents;
2. Registration of a transaction with a notary without a license;
3. Replacement of the selected object. The documents indicate data on worse and cheaper housing;
4. Invalid transactions. Sale of an object after the death of the owner, before the inheritance takes effect.

Important! In order not to be deceived, it is necessary to study in detail the conditions and consequences of using the military mortgage system, study the bank’s program, and also entrust the choice of housing to qualified agents. Before signing an agreement or other document, you must carefully study all the points and make sure that the specified data is accurate.

In what cases does housing purchased with a military mortgage remain with the military personnel?

Purchasing residential real estate under the military mortgage program involves certain conditions, upon fulfilling which the serviceman becomes the full owner of the home.

1. Military mortgages are compensated by the Ministry of Defense after 20 years of service, including on a preferential basis. The listed subsidies are paid free of charge. After closing the loan, the military man becomes the owner of the property;
2. If federal funds are not enough to pay off the mortgage in full, the loan balance is paid using the military member's personal savings. After the serviceman fulfills all obligations under the mortgage, the apartment becomes property.

Important! When applying for a mortgage, you need to take into account that the age limit for receiving additional payments is 45 years.

How to withdraw savings from a military mortgage upon early dismissal

The need for early dismissal arises for various reasons. If a NIS participant did not complete his service due to health reasons and a military mortgage was not issued, he can withdraw his savings if he has more than 10 years of service.

The procedure for paying additional funds for a military mortgage takes into account the reasons for dismissal and length of service. Those dismissed on preferential terms can count on such payments if they have more than 10 years of experience.

Advantageous factors are:

• Organizational and staffing measures;
• Medical indications;
• Family circumstances;
• Age limit.

Compensation for a military mortgage if you did not use it

As a member of the NIS, a serviceman can withdraw unused savings from his personal account under certain conditions.

• If you have a service record of 20 years or more, you are allowed to use your savings at your own discretion;
• If a contract soldier, having served more than 10 years, was dismissed under the general military order, but the military mortgage was not used, in addition to savings, he receives additional payments. Based on the amount that he would have accumulated before 20 years of experience;
• When leaving service for family reasons, if the serviceman has not taken out a mortgage, he can count on compensation for his savings. In this case, the service experience must be more than 10 years;
• If the military mortgage is not used, upon dismissal of your own free will. Having served from 10 to 20 calendars, the serviceman receives savings and additional payments at his disposal.

Do I need to return the military mortgage upon termination of the contract in 2018?

The return of a military mortgage in case of early termination of the contract is regulated by the Federal Law “On the Savings Mortgage System of Housing for Military Personnel”:

• Art. 10 indicates that a military mortgage upon dismissal for organizational reasons and with service of more than 10 years does not require compensation;
• If there is a dismissal under the National Labor Code with 13 years of service, the military mortgage must be returned. The serviceman must pay the state all transferred housing loan funds, including the amount for the down payment;
• The apartment cannot be returned under a military mortgage in the event of the death of a military personnel;
• When applying for a mortgage, if a person leaves on preferential terms and has less than 10 years of service, he is obliged to return the funds provided.

Military mortgage after restoration from stock not on preferential terms

If the military mortgage is not sold by the NIS participant before transfer to the reserve, the dismissal law provides for the restoration of savings if a new contract is signed. However, if the dismissal was not on preferential terms, then savings will begin anew. Previous amounts will be cancelled.

Important! In order not to lose savings when renewing a contract, you need to formalize dismissal under preferential circumstances.

Military mortgage for those discharged at a certain age

The age limit for military personnel is 50 years. Upon dismissal due to age, accumulations in the personal account cease. Accordingly, the remaining amount of the loan will have to be paid independently. The earlier a military mortgage is issued, the greater the likelihood of full repayment using mortgage savings.

Repayment of a military mortgage upon dismissal after 35 years is made by the state in the case of service of more than 10 years in the presence of preferential circumstances, or 20 years without them. In other cases, it is necessary to compensate the state for the funds spent, including the savings in the personal account used for the down payment.

Problems with paying off a military mortgage while serving in a foreign army

The military mortgage program is intended only for military personnel serving in the Russian army, and is valid only on the territory of the Russian Federation. Programs for serving in a foreign army are regulated by the laws of the state in which the service takes place.

Questions and answers

When will additional funds for military mortgages arrive?

Additional funds are transferred within three months from the date of writing the application for receipt of payment.

If there is not enough money on a military mortgage, what should you do?

The amount of the military mortgage at the moment is 1,900,000 rubles. When these funds are not enough to purchase the desired housing, the bank offers to issue an additional loan: Sberbank up to 1 million rubles, VTB up to 3,000,000 rubles. Payment of the additional loan occurs at the expense of the borrower’s personal funds.

I left the army with psoriasis, how do I pay off my mortgage?

Dismissal for medical reasons is a preferential condition. Length of service is of great importance. If your service record is more than 10 years, then you do not need to return the mortgage funds to the state; moreover, you can count on additional payments. Having an experience of up to 10 years, all funds from the targeted loan will need to be returned to the state. And also pay the rest of the debt to the bank.

Retiring military personnel usually worry about what will happen to their military mortgage when they leave. Depending on the reason for termination and length of service, the money accumulated in the service member's trust account may remain in his use or be returned.

Dismissal for good reason

Persons who have served more than 10 years and were discharged from the Armed Forces on preferential terms have the right to repay their credit debt with funds in their savings account. The following are considered valid reasons for dismissal:

1. Carrying out operational and routine activities.
2. Achieving maximum service life.
3. Personal circumstance specified in the legislation of the Russian Federation.
4. Unfitness for military service due to illness, according to the conclusion of the commission.

Organizational and staffing activities include:

• reduction of the official position held by the employee;
• replacing one staff with another;
• recognition of unfitness for the position with a simultaneous reduction in salary;
• expiration of the contract;
• reduction of overlapping specialties.

If the contract is terminated after 10 years of service, the military mortgage is closed and the accumulated funds are transferred to the loan account. If the money received is not enough to close the mortgage agreement, the borrower repays the debt from his own funds.

Nuance! In the event of the death of an NIS participant who has served for 10 years, his relatives receive the right to dispose of the amount in the target account.

In addition to the accumulated funds, employees with 10 years of experience are entitled to additional payments. They are credited once and can be used to purchase a new home or pay off a loan. To receive additional funds, the dismissed person must:

• terminate the contract on a preferential basis;
• be the owner of a single apartment purchased with a mortgage;
• not be a tenant of residential property under a social tenancy agreement.

The amount of payments depends on the length of service, the remaining 20 years of service and the amount of the savings contribution.

Retirement after 20 years of service or more

After reaching 20 years of service, an NIS participant has the right to resign of his own free will or for any other reason, without repaying the targeted housing loan funds. It is believed that the serviceman earned money that the state allocated to him for the purchase of housing. For those who have exceeded 20 years of service after dismissal, the following rules apply:

• the serviceman is excluded from the NIS register with the “right” to savings;
• no additional payments are due;
• if savings are insufficient, the debt to the bank is repaid from one’s own funds;
• The encumbrance in favor of the state on the property is removed after final settlement with the bank.

It happens that an NIS participant has not purchased housing during his 20-year service life or has not used his savings to purchase real estate. In this case, Rosvoenipoteka transfers the money to the personal account of the employee, who has the right to spend it at his own discretion, without reporting to the state.

Dismissal due to health reasons

A special commission may declare a military person unfit for service due to illness. Upon dismissal of a military mortgage participant who has not passed the commission, repayment of the targeted housing loan is provided on preferential terms.

For employees who have not used targeted funds or purchased housing and are leaving due to illness, the right to savings is determined by length of service.

The commission may recognize a military person as limitedly fit or unfit for service. The above rules apply to limited-fit military personnel.

Important! An employee has the right to participate in a military mortgage only 3 years after registration with NIS. The maximum age for obtaining a targeted housing loan is 45 years.

Those declared unfit for service are entitled to funds accumulated during the period of participation in the NIS and additional payments, regardless of length of service.

In what cases, upon dismissal, used savings must be returned?

It is necessary to return the spent funds from the target account upon termination of the contract for the following reasons:

• personal wishes of the employee;
• failure to comply with the terms of the contract;
• preferential terms for a service life of up to 10 years.

A military mortgage upon dismissal due to the end of a contract without a valid reason and with less than 20 years of service also provides for the return of the transferred money to the state in full.

A serviceman who is discharged without the right to savings is required to pay funds aimed at the down payment and monthly payments under the mortgage agreement. In the future, the borrower repays the loan debt independently. After settlement with the bank, the encumbrance on the housing is removed, and it becomes the property of the military man. The funds in the trust account must be returned within 10 years of leaving the Armed Forces.

Military mortgage is a government program aimed at purchasing housing for military personnel within the framework of the savings-mortgage system (NIS). In this article we will consider all the cases that may arise when a serviceman who has taken out a military mortgage is dismissed.

The essence of the program

In order to receive a preferential loan, a military personnel must become a participant in the savings system. The register of participants must include all persons who graduated from a military educational institution and signed the first contract for military service after January 1, 2005. For such inclusion in the register, the fact of receiving an officer rank is sufficient.

Persons who graduated from educational institutions before January 1, 2005 are included on a voluntary basis. The basis for entry is the report.

The essence of the savings system consists in the fact that its participants receive a certain amount of money into their personal account. Their size is the same for everyone and does not depend on rank, position held or length of service. The amount of revenue changes every year as a result of indexation.

• After three years, a serviceman who is a member of the savings system has the right to submit a report for a targeted housing loan (CHL). The result of reviewing the report is that the serviceman receives a certificate. Its validity period is six months from the date of signing.
• After providing the certificate, you need to select a property. A prerequisite is that the purchased housing meets the requirements of the Ministry of Defense of the Russian Federation.
• In order to apply for a loan, you need to contact the bank that operates within the framework of this military mortgage program, and open an account with it, as well as transfer the accumulated funds. This money will be used to pay the down payment. After completing the above steps, the serviceman provides a package of documents necessary to obtain a mortgage. It is also worth noting that housing must meet the bank’s requirements.
• As soon as the application is approved, a CZL agreement is concluded, the parties to which are the military personnel, the bank, and the federal economic institution Rosvoenipoteka. The lender and the borrower, in turn, enter into a separate loan agreement.
• The loan is repaid using state budget resources. The payment amount cannot exceed 1/12 of the military member’s savings contribution.

What happens to savings upon dismissal?

Many military personnel wonder what will happen to their savings if they leave the military. The answer to this question depends on the reason for the dismissal.

Reasons for dismissal may be so-called preferential and others. Preferential reasons for dismissal include various organizational and staffing measures, namely:

1. the serviceman cannot maintain his previous position for reasons beyond his control, and he refuses the offered lower or higher position;
2. the staffing unit where he worked was reduced;
3. the serviceman was declared unfit for military service.

In addition, valid reasons for dismissal include the following:

• health problems that may interfere with the performance of military duties;
• reaching a certain age;
• family circumstances.

If a serviceman who retired for one of the above reasons did not manage to purchase an apartment under the program before his departure, then he has the right to the accumulated and additional funds only if his total term of service exceeds ten years. When, when the length of service is more than twenty years, the serviceman can use the savings in the account at his personal discretion, and he also has the right to additional funds. If the length of service is within 10-20 years can use the accumulated funds.

To receive funds you must complete the following steps:

1. after reading the dismissal order, the serviceman writes an application addressed to the head of the military unit for the transfer of funds from the savings account;
2. the unit commander provides the necessary information about the serviceman to the military command and control authorities, they, in turn, to the FHKU "Rosvoenipoteka";
3. The application can be considered within 30 days, then the money is transferred to the details that the serviceman indicated in the application.

The right to additional funds is available to persons who do not use residential real estate under a social tenancy agreement and do not own other housing.

If such a serviceman managed to purchase a mortgage, then he is not obligated to return all the money to the CJZ, both those that were used for the down payment on the mortgage, and those that were used to repay regular payments according to the schedule and the loan agreement.

The remaining debt after dismissal can be paid off with funds that supplement savings. When additional payments are not due or are insufficient, the serviceman pays off the debt using other personal funds.

The encumbrance on the part of the state is removed upon dismissal, and the borrower decides on the issue of removing the encumbrance on the part of the bank independently after full repayment of the loan.

Upon dismissal of his own free will, due to a violation of the terms of the contract, as well as when the length of service is less than 10 years, the serviceman loses his right to savings within the framework of targeted housing financing. He must return all funds, including the first installment and monthly payments from the federal budget, to the state.

Debt repayment may not be one-time in nature. If a serviceman does not have the opportunity to return all the money at once, then he will do this over a certain period, but not more than 10 years, and in accordance with the schedule formed by the Federal State Institution "Rosvoenipoteka". In this case, the balance of the debt will be charged an interest rate equal to the discount rate of the Central Bank of the Russian Federation. The rate taken into account is the rate that was on the date when the basis for excluding the military personnel from the register of NIS participants arose.

On the part of the state, the encumbrance will be removed from the real estate when the former serviceman pays off his debt in full under the targeted housing financing agreement.

The borrower repays the entire remaining loan amount independently in accordance with the schedule provided by the bank. Accordingly, the encumbrance on the part of the bank will be excluded from the register after full repayment and closure of the loan agreement.

If a serviceman does not repay a debt

In a situation where a former serviceman does not repay his debt under the LLC, the Federal State Institution "Rosvoenipoteka" has the right to forcefully sell the housing that is pledged by applying to the courts. The residential premises will be sold forcibly within the framework of current Russian legislation.

After sale, the proceeds will be used to:

• repayment of debt on CLP and bank loan;
• payment of expenses associated with forced sale;
• legal costs.

If after forced sale and all mandatory repayments there is a balance of funds, then it is credited to the personal bank account of the former serviceman, opened within the framework of the savings mortgage system. In a situation where the proceeds were not enough to repay all payments, the person remains a debtor. The debt is repaid in accordance with the procedure established by law.

What happens when a discharged service member enters into a new contract?

A serviceman who has left military service can enter into a new contract. If military service is provided for by law in this federal body, then the serviceman can be re-included in the register of the savings mortgage system. The basis for this will be a new contract.

If a serviceman was dismissed from his first place of service due to family circumstances, as a result of health conditions or organizational and staffing measures, then the accrual of contributions is resumed. For the period when the person was not in military service, contributions are not accrued. The funds that had already been accumulated before dismissal are used to pay off the debt under the targeted housing loan agreement. If there is a balance of funds after repayment, they will also be taken into account in the new savings account.

When dismissal occurs at will or as a result of a violation of the terms of the contract, the money accumulated in the account is not restored. After re-registration, the funds are used to pay off the debt on the target mortgage loan (if the mortgage has been issued).

Repayment of a mortgage from a bank at the expense of the state budget is possible when the debt on the central mortgage loan is repaid, including accrued interest and penalties.

Thus, the only risk-free option for obtaining a mortgage is the situation when a military personnel has served 20 years or more. Even if a serviceman is dismissed, he will not bear any costs. If the length of service at the time of dismissal is less than 10 years, the former serviceman may be left with debt or lose his apartment. Therefore, when deciding on this option of purchasing real estate, it is worth weighing all the risks. On the other hand, in recent years, real estate prices have been rising at a faster pace than the indexation of payments. Consequently, no one can guarantee that a serviceman will be able to buy normal housing by postponing the purchase until he has served 20 years.

Dismissal from military service is carried out in accordance with Federal legislation and the Charter of military personnel. Internal army regulations, decrees and amendments to them make their own adjustments, so the procedure for dismissal from military service changes regularly. Military personnel should know their rights and responsibilities in light of recent legislative changes.

Procedure for dismissal from military service

You can leave service in the RF Armed Forces on three grounds: transfer to the reserve, retirement, and upon conviction in a criminal case. If a conclusion from the Military Military Commission is received recognizing a disabled citizen as fit for service and before reaching the maximum permissible age, then the wording “discharge to the reserve” is considered. If a citizen is declared unfit for combat or reaches the upper age limit, dismissal occurs according to the wording “retirement”.

Any measure of punishment under the Criminal Code of the Russian Federation automatically leads to the termination of military service; information about the case is entered on the military ID. The basis for dismissal from military service may be personal reasons, which the citizen must disclose in an explanatory report to the commander and provide compelling evidence of the necessity of his decision. A request for early dismissal at one's own request may be rejected without giving reasons.

The serviceman must be warned by the command six months before termination of the contract or reaching retirement age. The unit commander is obliged to determine whether the citizen will be dismissed and on what grounds. The state of health, the presence of complaints about the performance of duties, the provision of housing, personal attitude to continue service, and length of service should be considered. After the final decision on dismissal is made, the service documents are sent to the personnel department to calculate the material payments due to the citizen.

If necessary, the serviceman is sent to a military medical commission. The resulting conclusion serves as an objective basis for terminating the contract and assigning a category of payments, unified and regular, and in some cases a disability group. If the next vacation has been preserved or there is overtime for duty, then all debts to the dismissed person must be repaid before the dismissal order is issued.

The terms of dismissal from military service are calculated from the moment of certification of the contract employee or future retiree. A standard certification is carried out four months in advance, then a month later, based on the results, the serviceman is notified of the command’s decision. A personal conversation procedure takes place, to which specialists from personnel, economic and legal services can be invited. The interview is recorded, controversial issues are discussed and a summary of the conditions for terminating the contract is issued. All formalities are observed, then the interview protocol is kept in the personal file of the person being transferred to the reserve or retired.

A standard form submission is drawn up, signed by the immediate commander and authorized members of the commission. The submission is supported by a package of documents required for consideration by the personnel department. It includes copies of the attestation sheet, the interview conducted and the conclusion of the IHC (if any). In case of personal desire to leave the army, a report is submitted with a reasoned explanation of the reasons. The period of work of the personnel department on the received documents should not exceed two months, after which a dismissal order is issued.

If the dismissed person does not agree with the conclusions of the interview, then he has the right to reflect his opinion in the protocol of the conversation. The grounds for dismissal of a military personnel are regulated by law and are not subject to other interpretations. If a controversial issue arises, the consideration is carried out in a garrison military court or in pre-trial proceedings. The law allows for the possibility of appealing dismissal from military service within a specified period.

Dismissal of military pensioners

A military pensioner has the right to retire after 20 years of service. The procedure for going through the dismissal procedure coincides with the rules for extending contract service. Six months before the term of service, the future pensioner gives his consent to dismissal or submits a report requesting a contract extension. The commander considers possible options and makes a decision, after which a formal conversation is held. The decision of the command is explained to the applicant; he has the right to reflect his opinion in the minutes of the conversation and write a report addressed to the commander.

Upon retirement, documents are sent to the personnel department, where payments are calculated. The long-service pension is assigned by the Ministry of Defense and is given two months for approval. The retirement of military personnel is considered completed after the issuance of the order. The pensioner transfers the received statutory documents to the Pension Fund at the place of registration for processing one-time and regular transfers.

Dismissal of conscripts

The end of conscript service can occur for two main reasons: completion of active duty or early due to health reasons. In the first case, dismissal occurs by order of the commander, after the corresponding presidential decree on demobilization. Upon completion of military service, military personnel are sent to register at the military commissariats at their place of residence. The immediate superior is obliged to check the accompanying documents and conduct an explanatory conversation with his subordinates no later than one day before departure to the destination.

Military personnel who have been examined for illness by a military medical commission are considered free from service if limited fitness or unsuitability for combat is determined. The day of official registration of the IHC protocol is considered the last day of service. A mark indicating early termination of service is placed on the military ID, and the reasons and order number are indicated. The command may consider personal reasons why a soldier may be discharged early. A list of such reasons is given in the legislation; the issue is considered in each such case by a special commission.

Illegal dismissal of military personnel

Dismissal from military service can be appealed if the serviceman does not agree with the reasons and procedure. You can appeal a dismissal order within 3 months. Such cases are considered by military courts after the statement of claim is accepted. The main violations of the Federal Law “On the Status of Military Personnel” include the dismissal of an employee under a contract before the length of service without his consent, before acquiring the right to a pension. It is impossible to dismiss from service if a citizen has more than 10 years of service and is not provided with living space.

Dismissal of military personnel without housing occurs in a number of cases if the command has compelling reasons. However, you should apply to a military court to demand reinstatement. Before the trial, the command retains the opportunity to provide housing to the dismissed person, while the defendant can justify his reluctance to reinstate him in his position. Often the court makes a compromise decision: provide housing, but not reinstate the employee.

Exclusion from the personnel list is prohibited for pregnant women, which is a gross violation of the law. You can challenge the decision to dismiss if, on the day the order is issued, the due payments have not been calculated and financial support has not been received. Such an order has no force and will be canceled by the garrison court of first instance or the military court of the locality in which the dismissed person lives. A serviceman has the right to bring before the court the question of reinstatement to his previous position, compensation for moral damages, or elimination of violations associated with his exclusion from the list of unit personnel.

The court hearing is allotted 10 days; the applicant and the defendant’s representative are required to appear at the hearings; absence is not permitted. If the court satisfies the applicant’s demands, he may apply for reimbursement of costs associated with paying for the services of a defense lawyer (if there is an agreement), court costs and state fees. Having adopted a decision on illegal dismissal from military service, the court obliges the defendant to return the plaintiff to service from that moment on, despite the established cassation period for appeal.

Severance pay upon dismissal of military personnel

A one-time benefit upon dismissal of a military personnel is issued to contract employees at the time of termination of the contract. For those who have served less than 20 years, the payment will be two official salaries. With full service (20 years), the single payment is seven times the salary. The salary consists of two parts: by rank and by position. For example, an ordinary contract service worker has a minimum salary of 15 thousand rubles. Upon termination of the contract, he will receive a severance pay of 30 thousand rubles.

In case of disciplinary violations reflected in the personal file, the benefit may be reduced. The reasons can be of various types: from failure to fulfill official duties, deprivation of rank, conviction by a court or transfer to another department (Ministry of Internal Affairs, customs, tax service). And, conversely, if there are awards and incentives, it increases, which should be reflected in the output documents. For example, a soldier or officer who has an honorary title or order will receive another salary upon dismissal.

Legislative regulation of obtaining a military mortgage upon dismissal

A military mortgage upon dismissal has its own characteristics and depends on the reason for the serviceman’s dismissal, as well as length of service.

Who is entitled to a military mortgage: legislative framework

Not everyone can get a mortgage loan right away. What does our legislation say about this? Federal Law “On the Status of Military Personnel”, Article 15 defines the prerogative of the military over housing. Here we are talking about providing subsidies. But you can acquire your own property a little faster by taking out a loan. If you serve under a contract and do not have your own home, then you have the right to take out a mortgage for it. All these nuances are regulated by the law “On Military Mortgage”. Thus, the loan is granted to the following entities, NIS participants:

• citizens of the Russian Federation who graduated from a university and were hired after January 1, 2005;
• officers who came from the reserve;
• serving until January 2005;
• warrant officers and midshipmen who have served at least 3 years;
• subjects who graduated from higher education from January 2005 to January 2008 and earned the title of officer during their studies;
• those citizens whose duration of service is less than three years, but they managed to become officers after January 2008;
• soldiers, sailors, sergeants or petty officers who signed the deal after January 1, 2005 and have more than 3 years of military service at the time of application.

Other factors cannot affect the prerogative of appearing in housing loans for military personnel (family, number of children, registration). The main conditions according to the law are membership in the NIS and a duration of service of at least 3 years.

Features of a military mortgage upon dismissal of a military personnel

Abbreviation for OSHM

Anything can happen in the working life of a citizen. It is possible that an enterprise is closed or liquidated, declared bankrupt, or a reduction in the number of staff, which a person suddenly falls under. Almost the same thing happens in military service. What to do next and what consequences to expect if a serviceman is discharged in 2018 due to general military service and the military mortgage remains unpaid?

Consequences of repaying a preferential loan for a military man discharged from the army due to general military training:

1. A military mortgage and dismissal after 10 years of service will not bring much trouble to the borrower, since he has already fulfilled his duty to the Fatherland and, moreover, is resigning not of his own free will, but due to the OshM. That is, he does not return any money to the state that the latter spent to cover the costs of buying an apartment for a serviceman. He has the right to receive an additional cash payment in the amount that he was able to collect from savings if he served for up to twenty years. However, do not delude yourself; the amount of these additional funds, as a rule, does not make it possible to repay the loan in full. And for its part, the state has already fulfilled all its obligations. As a result, the former soldier is left alone with the bank to resolve financial issues.
2. A military man who has served for less than ten years will be required to pay all compensation that he received from the state. The dismissed employee undertakes to pay the remaining debt on the loan to the banking organization in accordance with the concluded agreement. Otherwise, creditors (the bank and the state) have the right to appeal to a judicial authority and recover funds from the debtor (usually the purchased living space is sold, the creditors take their parts and, if some amount remains, it is transferred to the borrower).

Therefore, you need to think carefully before taking out a specialized mortgage. Since it is unknown whether the borrower will be able to serve ten years. But it is after the expiration of this period that losses will be minimal for the person being credited (again, in a situation of dismissal for preferential reasons - general medical condition, health condition).

Dismissal at your own request

A military mortgage upon voluntary dismissal places a heavy burden on the borrower’s shoulders. This is a situation where, if there is another way out, you really shouldn’t do this. The NIS participant is excluded without any prerogatives and without retaining his savings. All benefits and charges allocated under the state project are subject to mandatory return to the state treasury in full. The former soldier becomes a debtor to Rosvoenipoteka and a credit institution, which have extensive advantages. The debtor may be left completely without a roof over his head, since the housing will be used to eliminate debts.

If the property was not purchased, then all accumulated money is simply transferred back to the state account. If the contract is re-concluded, the serviceman can have his rights restored. However, this will not be possible if the dismissal from office arose due to a defamatory article.

Dismissal due to end of contract

Here, as in previous situations, seniority is important. If the employee quits at the end of the contract, but the total duration of his work was not 20 years, then he loses all benefits. He is not provided with a subsidy for the down payment on a housing loan and payment of interest, and if there was one, he returns the money received over the entire period to the state. All funds accumulated by him on the NIS deposit are liquidated.

The situation is completely different with a military mortgage after 20 years of service. The accumulated money is not subject to return; the employee has the right to dispose of it at his own discretion. If the housing has not yet been fully paid for, then the former military man makes additional payments on his own. Bank claims are liquidated along with full repayment of the loan.

Many naively believe that, having served for a cherished decade, a military man has the right to resign at the end of his contract and at the same time retain all the benefits. Dismissal after 10 years of service and a military mortgage will turn out to be an unpleasant outcome if the dismissal is not due to benefits - general health, the soldier’s well-being. In such a situation, no additional payments are made on the military mortgage, but on the contrary, the accumulated finances are not paid. You remain indebted to the credit institution for the principal loan and to the military department for payment of your monthly interest and down payment.

Dismissal due to health reasons

Dismissal for health reasons is considered a preferential reason, therefore, even if there is an underpaid military mortgage, negative aspects should not arise. So, if a soldier served for the period of suspension from work for more than 10 years, then he is entitled to the NIS funds accumulated by him and additional payments on a military mortgage upon dismissal for each year not reaching his twentieth birthday. But if these funds are not enough to pay the loan, then the balance has to be repaid on your own.

In a situation of dismissal before reaching ten years of service, the employee will receive only the funded portion. The remaining debt will also have to be liquidated independently.

Unfitness for service is confirmed exclusively by a certificate from the Military Military Commission.

Dismissal due to transfer to a new duty station

Sometimes it is impossible for a serviceman to transfer to another duty station without dismissal. And here difficulties arise if you have a mortgage loan and lack the necessary years of experience. The way out of the situation is to register as an NIS participant in a new location as soon as possible. Until this happens, you will still have to pay out of your own pocket (to the state and the bank).

Other reasons for dismissal of a military personnel

In addition to the above reasons for dismissal, there are the following:

1. The onset of the age limit.
2. The death of a serviceman or his recognition as unknown disappeared.
3. Other reasons.

Upon reaching 45 years of age, a military man is discharged from service. And if by this time his experience is 10 years or more, then he retains the benefits of subsidies and mortgages.

If less than 10 years, then he undertakes to pay off the mortgage payments made by the state and liquidate the remaining loan without any assistance from a banking institution.

In the event of the death of a serviceman or his recognition as having disappeared without a trace, the family is paid savings sums and additional funds to them. The remaining debt is paid by the widow (wife) independently.

Does the borrower's length of service affect the repayment of a military mortgage?

The length of military service affects both the possibility of obtaining a loan and the process of repaying the loan. You can apply for a loan only after three years of experience and not earlier. The service life affects the return or the possibility of non-return of funds provided by the state to repay the down payment and pay monthly payments.

Thus, those who served less than 10 years and were removed from service not on preferential grounds, that is, if the military left service of their own free will, are returned to the state.

Servicemen with over 20 years of service and those dismissed on benefits if their service record exceeds a decade will not return money to the military department. Their length of service does not in any way affect the repayment of loan obligations to the credit institution.

How is the loan repaid after leaving military service?

Military personnel who have not served for the specified period make payments from their own funds, plus repay the debt to the military department for previously provided benefits.

What happens if a serviceman does not pay his mortgage on time?

If a serviceman, for one reason or another, does not repay the housing loan he took out, then collection of it is possible forcibly. The real estate is pledged to the state and the banking institution until the debtor completely liquidates the loan. As a rule, the borrower is first evicted from the apartment, then the property is sold, and the money from the transaction is used to pay off the obligations. The remaining funds are given to the discharged serviceman.

Methods and reasons for dismissal from military service

Dismissal from military service is in many ways similar to ordinary termination of a contract, but it is regulated by special provisions of the Law “On Military Service”, and not just by the Labor Code. For example, it is not so easy for a military serviceman who works under a contract to resign before the end of the contract - the person resigning must provide confirmation that such termination of the employment relationship is involuntary. Dismissal from military service will primarily differ depending on whether the person is working under a contract or was drafted into the army.

Possible dismissal options

Any dismissal from military service is possible in several ways. Each of them is chosen depending on the reason for leaving and additional circumstances. So, a discharged person can leave military service:

• in stock Whether it is dismissal at the end of a contract or dismissal of a serviceman of his own free will, in any case he is supposed to be transferred to the reserve. Where they live, those dismissed are assigned to the military commissariat, where they must constantly be registered. Retraining of military personnel is regularly carried out for such citizens. Moreover, if a person left the army due to health, age or because of a judicial punishment, he is not included in the reserve;
• resign. Now the serviceman leaves work forever, since he leaves the service for health reasons or because he has reached the age limit for military service;
• an order of dismissal based on a court decision that has entered into force, if a person is convicted under a criminal article.

Also, dismissal from the army is possible in several ways. Each specific case has its own characteristics and is applied individually for each situation:

• 2 times a year, the Minister of Defense signs an Order on the dismissal of soldiers who are serving in military service;
• dismissal at the end of the contract. If the employee does not plan to resign, then he must inform him six months before the end date of his desire to extend the contract. Often such contracts are concluded for an average of 10 years. If the employee has not expressed a desire and the deadlines have passed, then a dismissal order should automatically be prepared when the contract expires;
• dismissal from military service at one's own request. If a person works under a contract, then there must be serious grounds for dismissing a serviceman before the end of the contract. Each such case must be considered individually depending on the grounds.

Grounds for dismissal of a military personnel

Article 51 defines the grounds for dismissal from military service (Law “On Military Service”). The list is quite broad and, first of all, explains how to resign from military service under a contract or to leave military service in the army at your own request (by the way, in this case the death of one of your close relatives during military service or during performance of his official duties if he was in military service).

The main reasons why a serviceman has the right to resign at will:

• health problems. In this case, a medical examination report must be required. If such a document is provided along with a report, then it is imperative to indicate that the serviceman is ready to undergo an additional independent examination. Valid health problems include: diseases of the cardiovascular system, respiratory system and musculoskeletal system, AIDS, cancer, mental disorders, tuberculosis, vision problems;
• the presence of a minor child whom the other parent, for some reason, cannot or does not want to monitor;
• death of a close relative;
• illness of a close relative who needs to be cared for;
• inability to support a family on a military personnel salary. In this case, it is not a subjective view of this issue that is taken into account, but a very specific objective indicator: the cost of living for each family member and, accordingly, for the entire family is taken into account and then compared with the salary of a military man (this applies to contract employees);
• having a higher education, which differs from the specifics of military work. If a military man wants to work in his specialty, then he has the right to leave military service;
• failure to fulfill the terms of the contract. In this case, most often we are talking about payments and bonuses that were originally provided for by the terms of the contract. But here the procedure is as follows: first, the serviceman must submit a report to management with a request to resolve the situation. If there is no reaction, then only then can he write a letter of dismissal, citing this reason.

In addition, the legislation also provides for the grounds on which an employee can be dismissed against his will. These grounds are specified in Art. 51 of the Law “On Military Service”.

So, the main reasons for dismissal under Article 51:

• - dismissal of a serviceman due to age limit;
• - dismissal of a serviceman at the end of the contract;
• - due to health problems;
• - due to loss of trust from management. Then the employee could be found to have violated confidentiality, which could result in him losing his military secret clearance;
• - loss of rank. Most often it occurs due to a conviction by a court under a criminal article;
• - violation of the terms of the contract. If the employee refused to move to another location or transfer to another position when this was provided for by the terms of the contract. Such grounds also include refusal to perform one’s duties, provide information about one’s income (as well as the income of family members), traveling outside the Russian Federation without the permission of the commander;
• due to violations of discipline and requirements. In this case, at least two violations are required for different offenses (several punishments for the same offense are not taken into account). This may not mean receiving VPD on vacation. A transportation document is a mandatory condition for the movement of a military personnel. Without it, any moves are considered illegal and amount to a violation of discipline and the terms of the contract.

If there is a dismissal at the end of the contract, then there are no special subtleties here. The dismissal order is prepared in advance based on the expiration of the fixed-term employment contract. The entry in the employment record is made in accordance with standard norms: the basis for termination of the employment contract, the date and number of the order are indicated.

Dismissal from military service occurs according to a clearly established plan in accordance with the following sequence:

1. Submitting a report on dismissal. A military employee must do this not 14 days, like all other citizens who are resigning in accordance with the norms of the Labor Code, but a month before the expected date of dismissal.
2. The structure of the report is similar to a regular resignation letter, but has some features. It is important not only to indicate the reason for dismissal in the report, but also to provide documents confirming the truly significant importance of this reason.
3. The report is reviewed by a special commission, all circumstances are taken into account and a decision is made. Usually the Law provides for 14 days for this, but, as practice shows, such a decision is made within 7-10 days.
4. After this, the employee still works until the date specified in the report. On the day of dismissal, he is given all the documents.

Payments upon dismissal

Payments to military personnel upon dismissal are usually larger than to other citizens of the Russian Federation. Even if this is dismissal at the end of the contract, payments are still provided. Moreover, their size depends on the average monthly salary, taking into account the additional payment for the title.

If an employee is forced to leave work for health reasons, then he is paid additional insurance assistance - its amount is determined in each case individually by a specialized commission depending on each specific case and, first of all, based on future prospects - whether the serviceman will still be able to work or not (fit, partially or completely unfit for service).

In all other cases, upon dismissal, a benefit in the amount of two salaries is paid. If an employee has served for more than 20 years, then 7 salaries. For conscripts or contract employees - one monthly salary.

If the serviceman is an orphan (conscript soldier) or had state awards during his service, then assistance may be increased. But if a serviceman has had any disciplinary sanctions during his service, then in this case the payment of benefits may be reduced or canceled altogether.

Additional features

According to legal norms, dismissal from military service has various additional features:

Of course, the norms of this Law cannot contradict the Labor Code in many respects, but nevertheless, for military personnel they are a priority and when resolving any labor disputes, the first reference is made to the Law “On Military Service”.

Military mortgage and dismissal after 10 years of service

Hello! I have a house with a military mortgage, 8 calendar years of service, if I retire due to illness, category D “unfit” or B “limited fit”, the injury was received during military service, will the house remain in this case?

Client clarification

Answers from lawyers (13)

If the length of service is less than 10 years, then the military mortgage is subject to return upon dismissal. In order not to return and retire due to illness, you need to serve for more than 10 years, that is, in your case, another 2 years

Have a question for a lawyer?

The house will remain in any case, but who will pay the mortgage depends on the grounds for dismissal.

If you are fired under category “B”, then with such length of service you will have to pay for it yourself.

If you are dismissed under category “D”, then length of service does not matter and the state will pay by repaying the loan and paying you additional savings

RUSSIAN FEDERATION
THE FEDERAL LAW
ABOUT THE SAVINGS AND MORTGAGE SYSTEM OF HOUSING
SUPPORT FOR MILITARY SERVANTS
…
Article 15. Features of repayment of a targeted housing loan
1. Repayment of a targeted housing loan is carried out by the authorized federal body if the participant in the savings and mortgage system who received the targeted housing loan has the grounds specified in Article 10 of this Federal Law, as well as in the cases specified in Article 12 of this Federal Law.
2. In case of early dismissal of a participant in the savings-mortgage system from military service, unless he has the grounds provided for in paragraphs 1, 2 and 4 of Article 10 of this Federal Law, starting from the day of dismissal, interest is accrued on a targeted housing loan at the rate established by the agreement on the provision of a targeted housing loan. In this case, the resigned participant in the savings-mortgage system is obliged to return the amounts paid by the authorized federal body to repay the targeted housing loan, as well as pay interest on this loan in monthly payments for a period not exceeding ten years. Interest income on a targeted housing loan is investment income. Interest is accrued on the amount of the outstanding balance on the targeted housing loan.

According to paragraph “D” - the mortgage is paid off by Rosvoenipoteka, regardless of length of service

Article 10. Emergence of the right to use savings recorded in the participant’s personal savings account
The basis for the emergence of the right to use savings accounted for in a participant’s personal savings account in accordance with this Federal Law is:
1) the total duration of military service, including in preferential terms, twenty years or more;
(Clause 1 as amended by Federal Law dated December 4, 2007 N 324-FZ)
2) dismissal of a serviceman whose total duration of military service is ten years or more:
a) upon reaching the age limit for military service;
b) for health reasons - in connection with his recognition by the military medical commission as limitedly fit for military service;
(clause “b” as amended by Federal Law dated December 4, 2007 N 324-FZ)
c) in connection with organizational and staffing measures;
d) for family reasons provided for by the legislation of the Russian Federation on military duty and military service;
3) exclusion of a participant in the savings-mortgage system from the lists of personnel of a military unit in connection with his death or death, recognition of him as missing in the manner prescribed by law, or declaring him dead;

Client clarification

Does it matter how the injury was received? during military service or military injury

I have a house with a military mortgage, 8 calendar years of service, if I retire due to illness, category D “unfit” or B “limited fit,” the injury was received during military service, will the house remain in this case?
Nikolay

The house will remain yours in any case. There are only options for paying off the mortgage; if you quit under clause B, then you will have to pay the mortgage, and if under clause D, then the state will pay for the mortgage.

At the same time, if you cannot pay off the mortgage on your own, then the house may be foreclosed on in court.

I'm sorry. According to D, the colleague is right.

Only the basis for dismissal matters, but how the injury was received does not matter.

It does not matter how the injury was received. Here it plays a role in what category you are recognized. B or D. The house will remain, but you will have to pay if recognized under B. Therefore, you need to decide: either serve for another 2 years or there is a risk that you will have to pay

And this is decided by the IHC, we lawyers cannot make such a verdict... You should talk to the doctors..

Regarding this, there is Article 66 of the Regulations “On Military Medical Examination”

Good afternoon You are currently a member of the NIS and the state will pay off the military mortgage on its own while you serve.

length of service 8 calendar years, if I quit due to illness, category D “unfit”
Nikolay

B"limited use"
Nikolay

In this case, if you have served for 8 years and are dismissed under category “B”, the state will not reimburse your mortgage for you, i.e. After dismissal under “B”, you will continue to pay the mortgage yourself. Now, if you had 10 calendar years of service and were dismissed under “B” - then - yes - the RF Ministry of Defense would pay off the mortgage for you. Thus, I recommend that you still go through the IHC, the conclusion of which will be communicated to you and, based on the conclusion, make a decision on further actions. Sincerely.

Does not have a mortgage. Important for insurance and lump sum payments

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Early dismissal from military service

Having signed a contract and been assigned to a unit, a military man is not always satisfied with the conditions of service. Until the document expires, the law does not allow him to leave the army simply because he has changed his mind about serving. The current circumstances and lack of knowledge of legal norms lead to the fact that a serviceman is ready to be dismissed under any article, without thinking about the consequences.

The law provides for the possibility of early dismissal from military service under a contract. It is enough to find out what grounds exist for its termination and use this information correctly. Legal literacy also helps to avoid those cases when exclusion from the military ranks occurs unlawfully on the initiative of the command.

Let's consider for what reasons established by law one can terminate service while on a contract, and what the dismissal procedure should be. Knowledge of legal nuances and typical violations of the rights of military personnel will allow you to leave the ranks of the Armed Forces competently and without negative consequences.

When is early dismissal possible?

Legislative norms giving the right to early dismissal from military service are set out in detail in Federal Law No. 53.

According to Article 51, a serviceman can terminate an agreement with the Defense Ministry ahead of schedule by:

• own initiative;
• commander's decision;
• the fault of the circumstances.

Having found himself in conditions under which a military man is forced to quit his service (clause 1, article 51), he does not have to choose the “article” of dismissal.

Anyone who:

• declared unfit for health reasons, in accordance with the conclusion of the Military High Commission;
• cannot continue to work in his position due to restrictions imposed by doctors, and there is no other position for him in the Ministry of Defense;
• found guilty of a criminal offense, deprived of liberty, military rank or the opportunity to continue to hold office;
• committed intentional guilty acts and received a suspended sentence;
• committed illegal actions, as a result of which he lost the trust of management.

Also, those officers, warrant officers and midshipmen who changed their citizenship are excluded from the army.

A military man can leave early on his own initiative only in exceptional cases (clause 3, art. 51).

In addition to desire, objective reasons are needed to explain the need for dismissal.

They could be:

• unwillingness to serve after the end of the contract, or the retirement age approved for the military rank or gender has arrived;
• the inability to continue serving under existing conditions (when the military’s rights specified in the contract are infringed, and the duties of the Ministry of Defense in relation to him are not fulfilled);
• the presence of a level of physical health that prevents the performance of current duties in full (recognition of a military person as limitedly fit by the conclusion of the Military Military Commission);
• the need to leave the service due to family difficulties;
• obtaining an elected or high government position (election as a deputy, appointment to a position in the Federation Council, and so on).

Special mention should be made of personal circumstances that may be taken into account by the dismissal committee. Their number is not only limited, but also strictly regulated by law.

To use one of these grounds, the serviceman will have to document that:

• a member of his family, according to doctors’ opinions, cannot live at the soldier’s place of service;
• his other half was transferred by the military department to a position in another area;
• one of the close relatives requires constant care, and there is no one other than a military man to provide it.

Other family circumstances cannot be a reason for dismissal. The maximum that can be obtained to resolve them is additional leave.

Regardless of who initiates the departure, early dismissal of a military personnel is always associated with the approval of the command. The presence of a reason only creates objective preconditions for termination of service.

The final decision must be made by the commander based on available information and the conclusions of the commissions.

Legal norms allow the commander, on his own initiative, to dismiss an army soldier if:

• changing the staffing table (if the position of a military personnel is abolished according to the General Staff);

• unsatisfactory conclusions of the certification commission about the results of the fighter’s tests;
• the soldier reaches the age recognized as the limit for service;
• expiration of the contract;
• systematic or gross violations of conditions of service (CS);
• the desire of the army man to transfer to service in departmental or government structures;
• the presence of a court verdict that determined the military man’s actions were careless, but imposed a suspended criminal sentence;
• the army soldier’s refusal to undergo drug testing;
• the presence of an administrative offense committed by a military man under the influence of narcotic, toxic and other drugs;
• obtaining foreign citizenship from a private soldier or termination of Russian citizenship.

The rights available by law allow management to remove unwanted subordinates from the army by selecting the necessary grounds. Although the dismissal procedure is quite clear and organized in such a way as to avoid arbitrary and unfounded decisions in this matter, the experience and conceit of some commanders provoke them to disregard the law.

A competent military lawyer can limit such permissiveness of the leadership if the soldier wants to challenge the illegal decision of the commander. Knowledge of the dismissal procedure and the possibilities of appealing against unlawful orders from the command will help prove the unjustifiedness of exclusion from the ranks of the Armed Forces.

Compliance with the procedures, on the contrary, will protect against the possibility of challenging the dismissal by the second party.

Dismissal procedure

The procedure described in Presidential Decree No. 1237 and the conditions set out in Article 23 of Federal Law No. 76 explain how a contract soldier can retire early.

Contract soldiers who joined the army, in exchange for military service, should remember that if they are discharged early, they can be sent to conscription service before the end of their term.

To initiate dismissal:

1. The military man should write a report addressed to the commander, setting out the reason for leaving (the basis for the need to terminate service should be described in detail with reference to the article of the law).
2. The soldier needs to have in hand documents that serve as justification for the specified reason (if the military man decided to retire for health reasons, he can submit a report based on the results of medical examinations, and the commander in this case is obliged to send it to the Military Military Commission on his own).
3. The service member needs to have a conversation with the leadership, where the commander clarifies the circumstances forcing the soldier to leave the Armed Forces, and also offers possible options for continuing service, taking into account the information received (after this, a document is drawn up reflecting the content and results of the negotiations).
4. The commander collects documents (personal file, report, conversation sheet, etc.), sends them to the certification commission, after which it decides whether the soldier can be released from service.
5. It is required to obtain a decision from the commission, the commander must familiarize the military man applying for dismissal with it.
6. If the decision is positive, the chief issues an order regarding the unit and starts the procedure for expelling the military man from the RF Armed Forces, defining its period.
7. During the specified time, the contract soldier is required to calculate (give him the required funds, resolve issues regarding food, clothing and housing), and prepare documents for transferring them to the commissariat at the serviceman’s future place of residence.
8. The established period ends with the exclusion of the serviceman from the lists of unit personnel.

The procedure for early dismissal initiated by the military chief is similar. If the army man’s consent is not required, then there is no need for only one thing - a report from the person being dismissed.

The timing of exclusion from the lists of personnel depends on the date of the dismissal order. From the moment the discharge from him arrives at the military unit, no more than a month is given for the removal of the specified army soldier from the personnel.

There are rare cases when during this period a fighter is:

• undergoing treatment in a hospital;
• in maternity leave;
• on parental leave;
• on a military campaign;
• in captivity;
• in the guardhouse or under the control of the commander for an offense committed.

Early dismissal cannot be formalized in such a way that the period of exclusion from the lists of personnel falls on a date that is later than the end date of the contract.

Consequences of dismissal

Early dismissal from the army does not carry any special consequences if the article under which the serviceman was expelled from the ranks of the Armed Forces is not related to violations of the procedure for performing service.

Reduction of position (OSH), termination of contract due to age or health condition retains for the army soldier all the social guarantees and payments he deserved at the time of dismissal.

In addition, it is impossible to forcibly dismiss a military man on the above grounds if:

• he has not yet served the required period of time before receiving a pension;
• The issue of housing provision has not been resolved, and the serviceman is on the list of those in need.

The right to receive an apartment from the state is legally reserved for those whose service life exceeds 10 years.

If the dismissal is made on grounds related to the guilty actions of a military man, he receives only what he was entitled to at the time of his departure, losing all additional compensation, benefits and benefits.

Despite this, fighters are often dismissed under the National Criminal Code, provoking them to commit an administrative or disciplinary violation, fabricating personal cards, and sometimes even in the absence of any penalties simply “under the article.” Some citizens, desperate to achieve dismissal, write reports against themselves, indicating the reason for the NUC, while they consciously believe that they will somehow manage without compensation and benefits.

Such a hasty decision can lead to very disastrous consequences in civilian life.

For such military personnel, the following opportunities are practically closed:

• continue service if such a desire arises;
• get a job in the law enforcement or military department;
• obtain a position in government agencies.

Sometimes this becomes an obstacle even when applying for a job in private companies, for example, those involved in security activities.

Military lawyers advise:

• if the service has become a burden, it is better to choose another basis for its termination, or to endure until the end of the contract;
• challenge the decision of the certification commission or the order of the commander with higher authorities or a military court if the serviceman considers his dismissal to be unlawful;
• directly contact the military prosecutor's office when, during the course of his service, the commander allows himself to violate existing laws and the rights of army personnel.
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