Military traditions and symbols of military honor of the Russian Armed Forces. Military personnel of the Russian Federation Legal remedies

of the Russian Federation, federal constitutional laws, federal laws, general military regulations and other regulatory legal acts of the Russian Federation.

Protecting the state sovereignty and territorial integrity of the Russian Federation, ensuring the security of the state, repelling an armed attack, as well as performing tasks in accordance with the international obligations of the Russian Federation constitute the essence of military duty, which obliges a serviceman to:

to be faithful to the Military Oath (obligation), selflessly serve the people of the Russian Federation, courageously and skillfully defend the Russian Federation;

strictly observe the Constitution of the Russian Federation and the laws of the Russian Federation, the requirements of general military regulations, unquestioningly carry out the orders of commanders (superiors);

improve military skills, maintain weapons and military equipment in constant readiness for use, and take care of military property;

be disciplined, vigilant, keep state secrets;

cherish the military honor and military glory of the Armed Forces, one’s military unit, the honor of one’s military rank and military comradeship, and with dignity bear the high title of defender of the people of the Russian Federation;

comply with generally recognized principles and norms of international law and international treaties of the Russian Federation.

17. A serviceman must be honest, brave, show reasonable initiative when performing military duty, protect commanders (superiors) in battle, and protect the Battle Banner of the military unit.

18. A serviceman is obliged to show patriotism, contribute to the strengthening of peace and friendship between peoples, and the prevention of national and religious conflicts.

19. A serviceman is obliged to respect the honor and dignity of other servicemen, rescue them from danger, help them in word and deed, restrain them from unworthy actions, avoid rudeness and bullying towards themselves and other servicemen, assist commanders (superiors) and elders in maintaining order and disciplines. He must comply with the rules of military politeness, behavior, performing a military salute, wearing military uniforms and insignia.

He is obliged to report to his immediate superior about all cases that may affect the performance of his duties by a serviceman, as well as any comments made to him.

For violation of the statutory rules of relations between military personnel, associated with humiliation of honor and dignity, bullying or associated with violence, as well as for insult by one serviceman of another, the perpetrators are subject to disciplinary liability, and if corpus delicti is established in their actions, to criminal liability.

20. A military serviceman is obliged to know and comply with the safety requirements of military service in daily activities. He must take care of maintaining his health, engage in daily hardening, physical training and sports, refrain from bad habits (smoking, drinking alcohol), avoid the use of narcotic drugs, psychotropic substances or their analogues, new potentially dangerous psychoactive substances or other intoxicating substances.

(see text in the previous edition)

21. On official issues, a military serviceman must contact his immediate superior, and, if necessary, with the permission of his immediate superior, to a senior superior.

For personal questions, a serviceman must also contact his immediate superior, and in case of special need, a senior superior.

When making requests (making a proposal, submitting an application or complaint), a serviceman is guided by the legislation of the Russian Federation and the Disciplinary Charter of the Armed Forces of the Russian Federation.

22. A serviceman is obliged to know and comply with the norms of international humanitarian law, the rules for treating the wounded, sick, shipwrecked, medical personnel, clergy, civilians in the area of ​​combat operations, as well as prisoners of war.

23. During combat operations, a serviceman, even being separated from his military unit (unit) and completely surrounded, must offer decisive resistance to the enemy, avoiding capture. In battle, he is obliged to fulfill his military duty with honor. If a serviceman, being in a helpless state, including as a result of a serious wound or shell shock, is captured by the enemy, he must seek and use every opportunity to free himself and his comrades from captivity and return to his military unit.

During interrogation, a serviceman captured by the enemy has the right to provide only his last name, first name, patronymic, military rank, date of birth and personal number. He is obliged to maintain honor and dignity, not to divulge state secrets, to show steadfastness and courage, to help other servicemen in captivity, to keep them from aiding the enemy, to reject the enemy’s attempts to use the serviceman to cause damage to the Russian Federation and its Armed Forces.

Military personnel captured or taken hostage, as well as those interned in neutral countries, retain the status of military personnel. Commanders (superiors) are obliged to take measures to release these military personnel in accordance with the norms of international humanitarian law.

Honor and dignity of a serviceman of the Armed Forces of the Russian FederationPurpose
lesson:
Introduce
students with a general understanding of
honor
And
dignity
military man
Armed
Russian forces and their content.

A serviceman must, with honor and dignity,
bear the high title of defender of the Russian
federation, cherish honor and military glory
Armed Forces, its military unit and honor
your military rank.

Military honor and dignity are integral qualities
military man. Honor is worthy of respect and
pride is a moral quality, “internal moral
human dignity, valor, honesty, nobility
souls and a clear conscience” (V. Dahl).

A serviceman of the Russian Armed Forces is a person
possessing such a universal human property as
humanity. Humanity is an essential quality
Russian warrior at all times.
In Suvorov’s “Science of Victory” it is said this way: “Do not
less
how
weapons,
win
enemy
philanthropy. In defeat, those who give up completely
give mercy. The townsfolk do not have the slightest offense and
don’t create bitterness.”

The four Geneva Conventions of 1949 enshrine the principles
respect for the human person in military conditions
conflict, they provide:
ensuring equality in the care of the wounded, both their own and
and the enemy side without any distinction;
respect for a person’s personality, his honor, family rights,
religious beliefs, especially protection of the rights of the child;
prohibition of ill-treatment of prisoners, taking
hostages, extermination, torture, punishment without trial and
investigations, robberies
unjustified destruction of property;
permission to delegates of the International Red Committee
Cross
visit
prisoners of war
And
realize
humanitarian actions to help victims of war;
prohibition of killing or maiming an enemy who
surrenders or ceases to participate in hostilities.

The modern Russian warrior perfectly knows and
contains
constant readiness for use entrusted to him
weapons
military
technology,
constantly
takes over
military professional knowledge.

Qualities that a soldier must have in order to
bear the title of Defender of the Fatherland with honor and dignity?
1.every soldier must be deeply aware of his personal
responsibility for protecting the Motherland, conscientiously and honestly
perform your official duties.
2.have clear and clear ideas about the high meaning
military service, about the vital importance of combat readiness and
combat readiness to defend the Fatherland.
3.be always mentally, psychologically and physically prepared for
overcoming difficulties in the performance of military duty in
peacetime and wartime.
4.be internally ready to comply in any conditions
Military oath, laws of the Russian Federation and requirements
military regulations.
5. cherish the military glory of the Russian Armed Forces and military
unit, the honor of the Battle Banner, his rank of Russian
soldier, to honor the combat traditions of the Armed Forces, one’s own
formation, military unit (ship), subdivision.

Conclusions
1) Patriotism, duty and honor of a soldier are the moral and spiritual qualities that make the army invincible.
2) The Russian soldier has always been characterized by humanity.
3) Russian warrior during combat operations
complies with international rules of war,
enshrined in the four Geneva Conventions of 1949.
4) To bear the title of Defender of the Fatherland with honor,
a serviceman must have a set of certain ones.

Love for the Motherland and loyalty to military duty are inseparable from military honor and dignity. Having honor has always been considered a necessity for people involved in military affairs. Despite all other good service qualities, a warrior’s authority dropped sharply if, through his action or inaction, he cast a shadow on the honor of the uniform.

It is not the uniform that makes a person worthy, but the person must be worthy of the uniform. This idea was affirmed from the very beginning in the Russian army, permeating all the military laws and regulations of Peter I. Thus, in the “Charter of Military and Cannon Affairs” it was emphasized that “... it is better to die honestly than to live dishonorably...”. A sense of honor, according to A.V. Suvorov, was the main spring that moved the soldiers to military affairs.

Since ancient times it was believed that military honor is the main virtue of a soldier; it forces him to be demanding of himself and his actions. Thus, one of the military writers noted: “Honor is a sacred thing... it is the highest blessing... honor is a reward in happiness and consolation in grief. Honor strengthens courage and ennobles courage. Honor knows neither hardships nor dangers: it makes deprivation is easy and leads to glorious deeds. Honor does not tolerate and does not tolerate any stain."

The honor of the Motherland, one’s regiment, and comrades in arms has always waned above all else for a young soldier and an experienced front-line soldier. In the name of the success of the battle and the fulfillment of orders, Russian soldiers overcame any obstacles and difficulties. And the more difficult the situation became, the more clearly the desire to preserve honor and dignity manifested itself. For example, Guard Private Yu. Smirnov was crucified by the Nazis on the cross, but retained his military honor and did not tarnish his name with betrayal.

It is equally important to maintain honor in the peaceful, everyday life of the army. For a warrior, this means quickly and efficiently mastering equipment and weapons, acting skillfully and without fear during exercises, strictly complying with statutory provisions and laws, never under any circumstances deviating from moral norms, or violating military discipline. Therefore, it is not for nothing that a saying was born in the army: “Act according to the regulations, you will win honor and glory.” Deviation from the requirements of the charter, from the rules of honor due to cowardice, cowardice, sloppiness or other reasons leads to moral injury or even moral death, which for many is worse than physical death.

The Russian army has always despised cowardice, alarmism, and betrayal. They were also condemned by the people and entailed severe punishment.

The honor of a Russian soldier is inseparable from his nobility towards those around him, including the defeated enemy and the population of the defeated countries. “Don’t offend the average person! He gives you water and food. A soldier is not a robber,” A.V. repeatedly emphasized. Suvorov. And the authority of Suvorov’s soldiers was exceptionally high. This is evidenced by this historical fact. After the capture of Izmail (1790), local residents after some time began to sell food to Suvorov’s soldiers on credit, knowing their honesty and decency.

Neither Russian nor Soviet soldiers ever allowed themselves the outrages, acts of vandalism and atrocities that the vaunted soldiers of Napoleon and the Nazi barbarians committed in the occupied territory. Residents of European cities greeted our liberating soldiers with joy and flowers, which was recognition of their high moral qualities and trust.

And in the recent past, while in Afghanistan, our soldiers treated with care the national traditions and customs of the local population, and did not allow cruelty and “scorched earth” tactics. Moreover, they helped peasants harvest crops, repair agricultural equipment, build houses, and quite often shared food and medicine with poor residents of villages and cities.

Notable in this regard is the case that was told on the pages of the Komsomolskaya Pravda newspaper by a former “Afghan” who gave his name simply as Anatoly. One day, having knocked out a gang from a village, his unit was combing the courtyards. In one of them, a little girl was found who was extremely emaciated and, slightly moving her lips, asked for food. But Anatoly had nothing to give her to eat. He ran to his comrades, found some bread, a handful of raisins and rushed back. But the girl was already dead. Anatoly believes that if he had given bread as soon as he saw her, she would have held out and not died. After the incident with the girl, he began to take with him to liquidate the next gang, in addition to stocks of cartridges, grenades, and a bunch of other heavy things needed in battle, also bread. And I never brought it back.

This is how our Russian soldier takes someone else’s misfortune to heart and tries to help at the first opportunity. There are many known cases when warriors risked their lives, but did not deviate from moral standards. Here's one of them.

The truck with Afghan civilians was engulfed in flames - the dushmans set it on fire. Russian soldiers came to the aid of those in trouble. Moans could be heard from the burning cabin. The car could explode at any minute, but this did not stop Private A. Belov. He rushed to the cab and pulled the wounded driver out of it. When the soldier pulled him to a safe distance, an explosion was heard.

Now the nature of this war and its consequences are assessed differently in society. But no one can negate the courage and courage of our soldiers, who worthily fulfilled their military duty on Afghan soil. Even today they continue the glorious military traditions of the Russian army, the Soviet Army.

Years and decades pass. One generation of Russian soldiers replaces another. Weapons and military equipment change, but the love and devotion of armed defenders to their Fatherland, their loyalty to military duty, honesty and dignity remain unchanged.

Security questions

• 1. What is the essence of patriotism?
• 2. What is the Motherland, Fatherland?
• 3. How is loyalty to military duty demonstrated?
• 4. What is military honor?
• 5. What does it mean to protect the honor of the uniform?
• 2. FRIENDSHIP, MILITARY PARTNERSHIP

Military camaraderie is a military tradition of the army and navy

A significant role in strengthening the moral and psychological foundations of military service is played by friendship and military camaraderie, which are inherent in all generations of Russian soldiers and are a wonderful tradition of our army.

This tradition has taken shape and developed over many centuries. Already in “The Tale of Igor’s Campaign” we find evidence of how highly the ancient Russian warriors valued friendship and camaraderie. And since then they have adhered to the rule in Rus': “There is no service without friendship.”

The basic principle of military camaraderie was most accurately formulated by the great Russian commander A.V. Suvorov. He wrote in “The Science of Victory”: “Die yourself, but help your comrade.” The soldiers of the Russian army liked this rule. On the battlefield, they helped each other out, and together they honored the memory of their fallen comrades.

In this regard, how can one not recall the feat of the crew of the cruiser "Varyag", united by military camaraderie. And today one cannot remain indifferent when the words of the song are heard: “Up you, comrades, everyone is in place...”

The tradition of military camaraderie received its fullest development during the Great Patriotic War. Loyal to their people, the Motherland, the soldiers of our army and navy, in the very first battles with the enemy, showed high examples of heroism, cohesion, perseverance and mutual assistance. Always, when danger arose, each fighter gave all his strength, acted selflessly, went to great lengths to achieve victory in battle, to save his comrades and friends.

The Nazis knocked out one of our tanks and tried to capture its crew. Under the cover of artillery fire, a group of enemy machine gunners began to crawl towards the damaged vehicle. However, the crews of the other four tanks rushed to the rescue of their comrades. Two tanks opened rapid fire on the enemy guns to silence them. The third tank pinned down the machine gunners with cannon and machine gun fire, and the fourth, commanded by Sergeant Major V. Prikhodko, rushed at top speed towards the knocked out tank. The tankers took the car in tow and quickly moved towards the ravine. The Nazis managed to set fire to the leading tank, but it still continued to move and soon reached the ravine. Sergeant Major Prikhodko and other crew members received burns, but remained faithful to the military comradeship to the end and helped out their fighting friends.

And another example of military brotherhood.

Two soldiers, Ivan Naumov and Grigor Kinasyan, carried out a combat mission behind enemy lines. Both were wounded in the shootout. Naumov was the first to regain consciousness. He crawled up to Kinasyan, bandaged his wounds, put him on his back and crawled. It was incredibly difficult, but Naumov did not even think about leaving his comrade. He rejected this idea even when Kinasyan himself expressed it. For several days, two soldiers, two comrades, made their way to the front line. And they returned safely to their people. Here it is, the power of military camaraderie!

We find heartfelt lines about such fighters, about front-line friendship, in A. Tvardovsky’s poem “Vasily Terkin”:

Walk through the light - you won’t find it anywhere,

I never happened to see

that friendship is holy and purer,

what happens in war.

It has long been noticed among our people, wrote G.K. Zhukov, that there is no holier bond than the bond of military camaraderie.

Help and friendship for young, inexperienced soldiers were especially needed at the front. Hero of the Soviet Union, retired Major General K. Karsanov, recalling the years of the war, writes: “Friendship strengthened our will and spirit. Friendship elevated us morally, enriched us intellectually... And with what care and attention our young, inexperienced fighters were surrounded. They were looked after, supported. They were taken care of...” The front-line soldiers are right a thousand times when they claim that it is easier to live and fight with a friend, that soldier’s friendship, welded together in war with blood, is a great strength. When in battle you feel that a proven friend is walking shoulder to shoulder with you, ready to go through fire and water for you, then naturally you fight bolder, more fiercely and more confidently. “Friendship, mutual assistance,” writes Reserve Private 3. Agaev, who fought in Afghanistan, “we needed no less than ammunition in battle.”

Today's soldiers worthily continue the front-line traditions of military camaraderie. During the battle with Dudayev's men in Chechnya, the battalion commander, Major A. Kumov, was seriously wounded, and he was left lying in the open. Junior Sergeant Alexey Khabarov was one of the first to notice what had happened and rushed to the officer’s aid. And although the officer was one and a half times heavier than Khabarov and actually could not move, he dragged him on himself and saved his life. But A. Khabarov himself died the next day.

The history of wars has preserved countless examples of holiness and loyalty to front-line friendship and comradely mutual assistance.

They reflected the spirit of camaraderie and the beauty of human relationships between soldiers of a unit, unit, or formation.

It is noteworthy that the soldiers and commanders returning to duty after treatment in the medical battalions sought to get into their company, regiment, division, considering them the best, close ones, relatives. Front-line soldiers claim that wounds healed faster in their native regiment. A. Tvardovsky said this well in the already mentioned poem:

I'm worried now

just one task

to get to your native part -

nowhere else.

Many heroic deeds of our soldiers, associated with the manifestation of mutual assistance and soldierly brotherhood, are sung in songs and have become legends. It can be said without exaggeration that the history of victories of Russian weapons is also the history of military camaraderie.

Strong in strong friendship

Friendship and military camaraderie are needed not only in wartime, they are no less important in everyday army life.

This follows from the essence of military camaraderie and the role it plays in increasing the morale of troops and strengthening the combat power of the Armed Forces.

As is known, military camaraderie refers to stable relationships between soldiers, which are characterized by common service interests, mutual trust, mutual assistance, and deep affection for each other.

The army and the military collective are a fertile basis for the emergence and strengthening of friendship and military camaraderie, since army units have one common goal - the defense of the Fatherland, long-standing and strong traditions, specific conditions for joint military work and living.

Friendly, comradely relations between military personnel are characterized by the desire for mutual assistance, mutual assistance in study and service, unity and cohesion when performing combat training tasks.

In modern conditions, the role and importance of strong military friendship, military camaraderie, and collectivism are increasing even more. This is due to a number of circumstances.

It should first of all be emphasized that the fulfillment of tasks assigned to military collectives, especially when combat operations are ongoing, as well as during combat duty and guard duty, is associated with risk and danger, and in these conditions, collectivism and mutual assistance become special, and sometimes decisive meaning.

The need for mutual assistance and comradely support is urgently dictated by the very nature of military work and the use of modern types of weapons. Today's weapons are usually collective, which means that a whole group of warriors is engaged in solving one common problem. In such conditions, an error in even one crew number can not only damage combat readiness, but also disrupt the completion of the assigned mission.

In addition, modern weapons require interchangeability in the crew, squad, and crew.

An important factor determining the increasing role of collectivism and camaraderie in achieving victory in modern combat is the need for coordinated actions of units of different branches of the Armed Forces and branches of the armed forces, and increased requirements for their clear interaction. Modern combat takes place at a high tempo. The saturation of troops with fire weapons is high. Under these conditions, particularly clear interaction, mutual assistance and support between all units and subunits leading the battle are required. And even in his unit, unit, or on a ship, a warrior feels much stronger if he feels the elbow of a comrade nearby and receives the necessary help from him in difficult times.

And one more argument. The everyday life of the army itself leaves a specific imprint on the relationships between military personnel. The military team essentially becomes a second family for a warrior, and a unit or a ship becomes a second home. And in a good family, good, warm, friendly relationships develop, and an atmosphere of mutual help and support reigns.

Thus, friendship, mutual assistance, and comradely assistance unite the military collective, making it a hundred times stronger and more monolithic. Without them, in modern conditions, achieving victory in battle is unthinkable. They make it easier to endure the hardships and hardships of harsh army life. A comrade’s elbow and his support inspire a soldier and a sailor, give them courage and confidence, and help them honorably fulfill their military duty to the Motherland.

Military personnel, as citizens with a special social status, have the right to protection of honor, dignity and business reputation during the period of their military service. Citizens discharged from military service have the right to protect these intangible rights in accordance with general civil law. Due to the specific nature of their activities, military personnel are provided with additional legal guarantees aimed at protecting honor, dignity and business reputation. In particular, this legal guarantee is the Federal Law “On the Status of Military Personnel” of May 27, 1998 N 76-FZ (as amended and supplemented), the Charter of the Internal Service of the Armed Forces of the Russian Federation, the Criminal Code of the Russian Federation.

It should be noted that these additional rights to protect the above-mentioned intangible benefits are acquired only from the moment of acquiring the status of a military personnel.

Honor, dignity and business reputation are categories that are close in legal regulation. Honor and dignity reflect an objective assessment of a citizen by others and his self-esteem. Business reputation is an assessment of a citizen’s professional qualities.

The honor, dignity, and business reputation of a citizen collectively determine a “good name,” the inviolability of which is guaranteed by the Constitution of the Russian Federation.

Let us consider in more detail the concepts of “honor”, ​​“dignity” and “business reputation”.

Honor is an objective assessment of an individual that determines society’s attitude towards a citizen (soldier); it is a social assessment of the moral and other qualities of an individual.

Dignity is the self-esteem of an individual, his awareness of his qualities, abilities, worldview, duty accomplished and his social significance (subjective assessment of the individual).

It should be noted that in Art. 150 of the Civil Code of the Russian Federation (hereinafter - the Civil Code of the Russian Federation) also enshrines such a concept as business reputation. It belongs not only to the citizen (soldier), but also to legal entities.

Business reputation is formed in the process of professional, production, intermediary, trade and other activities of a citizen or legal entity.

The honor and dignity of a citizen, including a military serviceman, are intangible benefits acquired by them by virtue of birth. They exist regardless of their legal regulation, are inalienable and non-transferable to other persons. The Constitution of the Russian Federation guarantees everyone the opportunity to protect these rights, including judicial protection. Military personnel enjoy the rights and freedoms established for citizens of the Russian Federation with restrictions determined by the conditions of military service and taking into account current legislation. They are entrusted with constitutional and other general civil responsibilities, as well as general, official and special responsibilities for the protection and preparation for the armed defense of the Fatherland.

Article 5 of the Federal Law “On the Status of Military Personnel Federal Law of the Russian Federation of May 27, 1998 No. 76-FZ “On the Status of Military Personnel” (as amended by the Federal Law of July 22, 2010 No. 159-FZ) // Rossiyskaya Gazeta, No. 104, 02.06. 1998." determines additional legal guarantees for the protection of the honor and dignity of military personnel. At the same time, this article does not provide legal protection for the business reputation of military personnel. In this regard, I consider it necessary to disclose the concept of business reputation in relation to military personnel as citizens with a special legal and social status.

Due to the fact that military personnel perform special duties to protect and prepare for the armed defense of the Fatherland, they have a special social and legal status. In this regard, honor, personal dignity, as well as the business reputation of military personnel are under special legal protection by the state. Therefore Art. 5 of the Federal Law “On the Status of Military Personnel” provides additional legal guarantees for the protection of these intangible benefits. Thus, the above article establishes that military personnel are under the protection of the state. No one has the right to interfere in the official activities of military personnel, with the exception of persons authorized to do so by federal constitutional laws, federal laws and other regulatory legal acts of the Russian Federation, as well as by the Charter of the Internal Service of the Armed Forces of the Russian Federation, the Disciplinary Charter of the Armed Forces of the Russian Federation, the Charter of the Garrison and guard services of the Armed Forces of the Russian Federation. Insulting military personnel, violence and the threat of violence, encroachment on their life, health, honor, dignity, home, property, as well as other actions (inaction) that violate and infringe on their rights in connection with the performance of their military service duties, entail liability in accordance with with the legislation of the Russian Federation.

All military personnel of the Armed Forces of the Russian Federation have a business (service) reputation. To more fully disclose the concept of business reputation of military personnel, it is necessary to classify the business reputation of military personnel depending on:

1) method of entry into military service:

Those undergoing military service upon conscription;

Those undergoing military service under contract;

2) military rank:

Military personnel serving in the military rank of private;

Military personnel serving in the military rank of sergeants (sergeants major);

Military personnel serving in the military rank of lieutenant, etc.;

3) military position held:

Management positions (commanders of units, military units, formations and associations);

Positions of an auxiliary nature, aimed at ensuring the activities of the above military positions.

In accordance with the current legislation of the Russian Federation, various types of legal liability are established for attacks on the above-mentioned intangible benefits of citizens (military personnel).

This article will cover issues related to the civil protection of honor, dignity and business (office) reputation of military personnel.

Thus, the following legal means of influence on the person who has encroached on the honor, dignity and business (official) reputation of a military personnel can be attributed to civil liability: methods of protection provided for in Art. 12 of the Civil Code of the Russian Federation (recognition of a right; restoration of the situation that existed before the violation of the right, and suppression of actions that violate the right or create a threat of its violation; self-defense of the right; compensation for losses; compensation for moral damage, as well as other methods provided for by law). Moreover, in accordance with the law, moral damage is compensated only if the cause of harm is at fault. Exceptions are made in cases expressly provided for by law. In particular, regardless of guilt, moral damage is compensated if it was caused to the life or health of a citizen by a source of increased danger.

From paragraph 2 of Art. 150 of the Civil Code of the Russian Federation it follows that civil legal protection of intangible benefits (moral rights) is possible in two cases. Firstly, when the essence of the violated right (good) and the nature of the consequences of this violation allow the possibility of using the general methods of civil legal protection indicated above, and, secondly, when for the protection of these rights the Civil Code of the Russian Federation or other laws provide for special ways. Such special methods are established to protect the honor, dignity and business reputation of citizens and legal entities, to protect the right to a name, as well as to protect intellectual property (Law of the Russian Federation “On Copyright and Related Rights” dated July 9, 1993 N 5351- 1, Patent Law of the Russian Federation dated September 23, 1992 N 3517-1, Law of the Russian Federation “On Trademarks, Service Marks and Appellations of Places of Origin of Goods” dated September 23, 1992 N 3520-1).

It should be borne in mind that there are often cases when both special and general methods of protection can be used simultaneously to protect intangible benefits (rights). As a rule, among the common methods, the most often used are compensation for losses caused and compensation for moral damage. For example, the protection of life, health, personal freedom and integrity is carried out on the basis of the norms of Chapter. 59 of the Civil Code of the Russian Federation, providing for compensation for losses (lost earnings, additional expenses, etc.) and compensation for moral damage. In this case, the amount of damages subject to compensation and the procedure for calculating them are established by law.

To protect the honor, dignity, and business reputation of a citizen (military), along with other methods (civil and criminal law), civil legislation provides for a special method of restoring violated rights (Article 152 of the Civil Code of the Russian Federation: refutation of widespread defamatory information). This method can be used if there are a combination of three conditions.

First, the information must be defamatory. The basis for assessing information as defamatory is not a subjective, but an objective sign. The Resolution of the Plenum of the Supreme Court of the Russian Federation “On judicial practice in cases of protecting the honor and dignity of citizens, as well as the business reputation of citizens and legal entities” dated February 24, 2005 No. 3 noted that information containing allegations of a violation by a citizen or a legal entity under current legislation, committing a dishonest act, incorrect, unethical behavior in personal, public or political life, dishonesty in the implementation of production, economic and entrepreneurial activities, violation of business ethics or business customs that detract from the honor and dignity of a citizen or the business reputation of a citizen or legal entity.

Secondly, information must be disseminated. The above-mentioned Resolution of the Plenum of the Supreme Court of the Russian Federation states that “the dissemination of information discrediting the honor and dignity of citizens or the business reputation of citizens and legal entities should be understood as the publication of such information in the press, broadcast on radio and television, demonstration in newsreels, etc. mass media, distribution on the Internet, as well as using other means of telecommunications, presentation in job descriptions, public speeches, statements addressed to officials, or communication in one form or another, including oral, to at least one person" .

Thirdly, the information must not correspond to reality. It should be noted that in Part 1 of Art. 152 of the Civil Code of the Russian Federation enshrines the principle of the “presumption of innocence” of the victim: information is considered untrue until the person who disseminated it proves otherwise. The plaintiff has the obligation to prove the fact of dissemination of information by the person against whom the claim is brought, as well as the defamatory nature of this information.

The procedure for refuting defamatory information that was disseminated in the media (hereinafter referred to as the media) is regulated in the Law of the Russian Federation “On the Mass Media” of December 27, 1991 N 2124-1 (as amended and supplemented). In addition to the requirement that the refutation must be published in the same media in which the defamatory information was disseminated, the Law established that it must be typed in the same font, in the same place on the page. If a refutation is given on radio or television, it must be broadcast at the same time of day and, as a rule, in the same program as the message being rebutted.

In Art. 152 of the Civil Code of the Russian Federation regulates the procedure for refuting information contained in a document emanating from an organization (military unit), in connection with which such a document is subject to replacement or recall. In this situation, we may be talking about the certification of the Order of the Minister of Defense of the Russian Federation "On the procedure for organizing and conducting certification of officers and warrant officers (midshipmen) of the Armed Forces of the Russian Federation" dated April 6, 2002 N 100. of a serviceman or about drawing up a service characteristic that does not objectively reflect moral and business qualities, level of professional training, discipline, organization in work, efficiency, etc. Judicial practice can serve as confirmation of this norm.

Thus, from the Determination of the Judicial Collegium of the Supreme Court of the Russian Federation for civil cases of 1996 N 56-B96 pr-13, according to Ch.’s application, it follows that “the latter filed a lawsuit against the commander of a military unit to refute information that derogates from his honor and dignity , and about compensation for moral damage. In the statement, Ch. indicated that by the orders of the commander of the military unit he was given a severe reprimand and incomplete service compliance. Subsequently, by the decision of the military court of the garrison, these orders were recognized as illegal, believing that the commander disseminated information that did not correspond to reality. The plaintiff asked the court to oblige the commander to refute this information by issuing an appropriate order and bring it to the attention of the unit personnel and compensate for moral damage in the amount of 5 million rubles. The court decision, upheld by subsequent courts, awarded compensation for moral damage in the amount of 100,000 non-denominated rubles. The Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation satisfied the protest submitted by way of judicial supervision, canceled the court decisions in the case and sent it for a new trial on the following grounds. Along with the demand for compensation for moral damage, the plaintiff asked the court to oblige the commander of the military unit to refute the untrue information he had disseminated by issuing an appropriate order and communicating it to the personnel of the unit. At the same time, the plaintiff substantiated his demands with references to paragraph 5 of Art. 18 of the Law (1993) “On the status of military personnel” and Art. 152 of the Civil Code of the Russian Federation.

At the court hearing, Ch. confirmed his demands in full and explained that illegal orders containing untrue information were announced by the unit commander at a meeting of commanders, as a result of which his honor and dignity were discredited.

The Presidium of the regional court indicated in its decision that the court of first instance should not have discussed the issue of the legality of the military command issuing orders to bring Ch. to disciplinary liability, including from the point of view of the validity of the information contained in them. We cannot agree with this conclusion.

Ch.’s demand to refute the information contained in the orders to bring him to disciplinary liability was stated after the decision of the military court of the garrison declared these orders illegal, since the circumstances that served as the basis for their issuance were not confirmed. Due to the fact that the said court decision has prejudicial significance in resolving the dispute, the court does not have the right to discuss the issue of the legality of the orders, and based on the claim stated by the plaintiff, it must only decide whether the information contained in the orders discredits his honor and dignity and whether they distributed by the defendant. Thus, the plaintiff’s demands for a refutation of information that detracts from his honor and dignity, and compensation for moral damage are interrelated and were subject to consideration in full.

When reconsidering the case, the court should eliminate the noted shortcomings, consider the claims made by the plaintiff in full, giving them a proper legal assessment.”

It should also be noted that the legislation does not establish a procedure for requiring a refutation of information discrediting the honor, dignity and business (official) reputation of citizens (military personnel), which raises the question: is it necessary for a citizen (military serviceman) to first contact the media that published the defamatory information? information or not before going to court to protect your legitimate interests? According to the author, a citizen’s (soldier’s) appeal to the media, in which, in the latter’s opinion, his rights were violated, is not necessary to go to court with a demand for compensation for the violated rights.

Thus, the above-mentioned Resolution of the Plenum of the Supreme Court of the Russian Federation stipulates that “if the actions of a person who disseminated defamatory information that does not correspond to reality contain signs of a crime under Article 129 of the Criminal Code of the Russian Federation (slander), the victim has the right to apply to the court with an application to bring the perpetrator to criminal liability, as well as to bring a claim for the protection of honor and dignity or business reputation in civil proceedings. The refusal to initiate a criminal case under Article 129 of the Criminal Code of the Russian Federation, the termination of an instituted criminal case, as well as the passing of a sentence do not exclude the possibility of filing a claim for protection. honor and dignity or business reputation in civil proceedings."

In Art. 152 of the Civil Code of the Russian Federation establishes that a citizen in respect of whom the media has published information that infringes on his rights or interests protected by law, has the right to comment, retort and publish his response in the same media in order to substantiate the inconsistency of popular judgments by proposing them a different assessment. If a subjective opinion was expressed in an offensive form, degrading the honor, dignity or business reputation of the plaintiff, the defendant may be obligated to compensate for moral damage caused to the plaintiff by the insult.

Special methods of defense - giving a refutation or answer - are used regardless of the guilt of the persons who allowed the dissemination of such information.

The Civil Code of the Russian Federation establishes another special method of protecting the honor, dignity and business reputation of citizens during the anonymous dissemination of information: the court deems the disseminated information to be untrue. The Civil Procedure Code of the Russian Federation (Civil Procedure Code of the Russian Federation) does not establish the procedure for considering such claims. Obviously, they should be considered in a special proceeding provided for establishing facts of legal significance (Chapter 28 of the Code of Civil Procedure of the Russian Federation). The same procedure, obviously, can be used if there is no distributor (death of a citizen or liquidation of a legal entity).

Cases of anonymous dissemination of information do not include publications in the media without indicating their author. In these cases, there is always a distributor, and therefore this media outlet is the responsible person.

Requirements for the protection of honor, dignity and business reputation are requirements for the protection of non-property rights, and therefore, by virtue of Art. 208 of the Civil Code of the Russian Federation, the limitation period does not apply, except in cases provided for by law.

In accordance with Art. 151 of the Civil Code of the Russian Federation, the court may impose on the violator the obligation of monetary compensation for moral damage if a citizen has suffered moral harm (physical or moral suffering) by actions that violate his personal non-property rights or encroach on other intangible benefits belonging to the citizen, as well as in other cases provided for by law.

In accordance with paragraph 2 of Art. 1099 of the Civil Code of the Russian Federation, moral damage caused by actions (inaction) that violate the property rights of a citizen is subject to compensation in cases provided for by law.

It can be noted that the issues of compensation for moral damage are regulated by the legislator very consistently in relation to harm caused to personal non-property rights and intangible benefits. At the same time, the rules on compensation for moral damage caused by violation of the property rights of citizens are of a blanket nature and create certain difficulties for law enforcement officials. In accordance with paragraph 15 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of February 14, 2000 No. 9, moral damage associated with the violation of the property rights of citizens is subject to compensation only if there is a special instruction about this in the law; The legislation of the Russian Federation does not contain instructions on the possibility of compensation for moral damage caused to military personnel by violation of their property rights. Therefore, the Plenum states, in cases where military personnel challenge in court the actions of officials that caused them only property damage, such as: non-payment of allowances, compensation, non-issuance of various types of allowances, non-allocation of living quarters - compensation for moral damage is not made.

Consequently, due to the fact that in Russian legislation there are no rules allowing compensation for moral damage caused by violation of the property rights of military personnel, it can be assumed that the right of the military personnel in this case is limited.

Legal problems of compensation for moral damage in cases of violation of property rights of military personnel were noted by Professor A.V. Kudashkin Kudashkin A.V. Legal problems of compensation for moral damage in case of violation of property rights // Law in the Armed Forces. 2000. N 8.. One of the problems is to resolve the issue of whether the provisions of the Civil Code of the Russian Federation, applied mainly to legal relations arising from non-contractual obligations, extend to administrative legal relations in the public legal sphere (i.e. legal relations arising during military service). A clear answer from A.V. Kudashkin doesn’t give it. He notes that there is not enough normative legal act directly indicating the possibility of military personnel to exercise the right to compensation for moral damage in case of violation of property rights, but at the same time he offers an option to prove such a possibility. Namely: in accordance with paragraph 5 of Art. 18 of the Federal Law “On the Status of Military Personnel” of May 27, 1998 N 76-FZ, compensation for moral damage and losses caused to military personnel by state bodies is made in accordance with federal laws and other regulatory legal acts of the Russian Federation. As such a law, the Resolution of the Plenum of the Supreme Court of the Russian Federation dated December 20, 1994 N 10 indicates the Law of the Russian Federation “On appealing to the court of actions and decisions that violate the rights and freedoms of citizens” dated April 27, 1993 N 4866-1, in in accordance with Art. 7 of which moral damage caused to a citizen by recognized illegal actions (decisions) is compensated through the court in accordance with Art. 151 of the Civil Code of the Russian Federation in order.

Thus, we can conclude that it is the specified Law of the Russian Federation of April 27, 1993 N 4866-1 that is the law that gives grounds for a military serviceman to demand compensation for moral damage caused as a result of a violation of his property rights in the performance of military service duties, when provided that this was a consequence of the actions and decisions of the relevant, mainly military, officials recognized by the court as illegal.

Unfortunately, this type of proof is not widely used in judicial practice. But at the same time, this option would not have to be resorted to if the Federal Law of May 27, 1998 N 76-FZ had preserved its acceptability with the Law of the Russian Federation “On the Status of Military Personnel” of January 22, 1993 N 4338-1, in Art. 18 of which it was directly stated that “the state guarantees military personnel compensation for moral damage caused by unlawful actions of officials as a result of non-compliance with the terms of the contract, illegal deprivation of rights and benefits, and in some other cases.”

In accordance with Art. 55 of the Constitution of the Russian Federation, the state should not issue laws that abolish or diminish the rights and freedoms of man and citizen. Why, in violation of the requirements of the Constitution of the Russian Federation, the wording on the right to compensation for moral damage disappeared from the Federal Law “On the Status of Military Personnel” remains unclear to the author.

Let's give a simple example: military personnel serve in a military unit, and civilian personnel also work, whose activities are regulated by labor legislation. Due to underfunding from the budget, the commander of the military unit was unable to ensure timely payment of both allowances and wages for several months.

In Russian labor legislation, there are several types of restoration of violated rights and compensation for harm suffered, some of which are recovery of wages, taking into account the refinancing rate, compensation for moral damage. In the latter case, one can observe a paradoxical situation, manifested in the inequality of citizens in protecting their rights. Namely: in accordance with Art. 237 of the Labor Code of the Russian Federation, moral damage caused to an employee by unlawful actions or inaction of the employer is compensated!

In the event of a dispute, the fact of causing moral damage to the employee and the amount of compensation for it are determined by the court regardless of the property damage subject to compensation, i.e. the possibility of a civilian worker experiencing moral suffering due to non-payment of wages is presumed by current legislation. But a military serviceman, based on judicial practice, summarized in the Resolution of the Plenum of the Supreme Court of the Russian Federation dated February 14, 2000 N 9, has no legislative right to experience either physical or moral suffering if a similar property right has been violated in relation to him, and accordingly has no right for compensation for moral damage.

According to Art. Art. 6, 55 of the Constitution of the Russian Federation, every citizen of the Russian Federation has all rights on its territory and bears equal responsibilities, and the rights and freedoms of man and citizen can be limited only to the extent necessary in order to protect the foundations of the constitutional system, morality, and health , rights and legitimate interests of other persons, ensuring the defense of the country and state security. A logical question arises: in the name of what interests of the state, security and defense is the right of a serviceman to compensation for moral damage limited if this damage arose due to a violation of property rights?

The Resolution of the Plenum of the Supreme Court of the Russian Federation dated December 20, 1994 N 10 states that the absence in a legislative act of a direct indication of the possibility of compensation for moral or physical suffering inflicted in specific legal relations does not always mean that the victim does not have the right to compensation for moral damage. Moral damage may consist of temporary restriction or deprivation of any rights.

Failure to timely provide a serviceman with types of allowance, failure to pay wages, or failure to provide housing is inherently a limitation of rights as such. As noted by Professor K.V. Fateev, a violation of a person’s property rights in some cases can cause more harm to a person’s mental and physical state than a violation of non-property rights (for example, insult to honor). In accordance with Art. 150 of the Civil Code of the Russian Federation, life and health are classified as non-property rights of the individual. The World Health Organization defines health as a state of complete social, mental and physical well-being. Charter (Constitution) of the World Health Organization // World Health Organization. Basic documents. Geneva, 1977. P. 5.. From this it follows that attacks on health include not only actions that violate the anatomical integrity of a person, but also actions that violate his social and mental well-being.

Consequently, a soldier experiencing physical suffering, expressed, for example, in painful symptoms (sensations): dizziness, nausea, pain, suffocation, etc.; as well as moral suffering: fear for one’s life, shame, resentment, humiliation, as well as other negative emotions, one may experience so-called moral suffering due to violation (restriction) of both personal non-property and property rights.

Thus, a serviceman’s rights to receive compensation for moral damage are not subject to limitation if there is a cause-and-effect relationship between the harm caused and the moral suffering experienced, proven and justified in accordance with the norms of procedural legislation.

This position is shared by some judges. So, for example, by a decision of one of the garrison military courts, a serviceman performing military service under a contract, subject to dismissal from the Armed Forces of the Russian Federation for health reasons, was recognized as having the right to receive housing on an extraordinary basis. But, despite the court decision, the serviceman was not provided with housing and, accordingly, was not dismissed. The military unit where the serviceman served did not have its own housing stock and did not carry out construction, so the commander of the military unit wrote a corresponding petition to the higher military command authority, which to the housing maintenance authority, etc. There was only one answer: “Wait.” Time passed, the problem was not solved, the court decision was not implemented. And then the serviceman once again went to court in order to punish non-executive superiors for untimely provision of his housing and to recover compensation from them for moral damage suffered as a result of the long wait for an apartment and the inability to quit. By the decision of the garrison military court, the plaintiff’s demands to recover from the commander of the military unit a certain amount of money to compensate for the moral damage caused were satisfied. In the reasoning part of the court's decision, it was noted that moral damage is subject to compensation due to the fact that the serviceman undoubtedly experienced moral suffering due to the unreasonably long failure to provide him with living quarters and the restriction of the right to housing as such. When the commander of a military unit appealed the decision of the garrison court, the district military court issued a ruling, which stated that, in accordance with Art. 53 of the Constitution of the Russian Federation, everyone has the right to compensation by the state for damage caused by illegal actions (or inaction) of public authorities or their officials, but this amount of money should be recovered not from the official, but from the relevant financial body.

Thus, judicial practice is replenished with positive examples of the possibility of compensation for moral damage caused to military personnel due to violation of their property rights.

Next, the author would like to draw the attention of readers to the fact that there is only one option for compensation for moral damage, namely: compensation for moral damage is provided only in monetary terms. And this equivalent, for objective reasons, is conditional in nature Erdelevsky A.M. Compensation for moral damage in Russia and abroad. M., 1997.

The predominance of financial dominance in an employee’s ability to receive a certain compensation payment does not take into account the specifics of the intangible benefit being diminished and the suffering caused. However, non-material harm affects the personal socio-psychological sphere of a person, which cannot always be most effectively compensated with the help of monetary payment. According to some lawyers, Shvedov A.L. The employee’s right to compensation for moral damage // Lawyer. 2005. N 3., a more flexible approach to the problem of developing new, unknown to Russian law, forms of compensation that take into account the specifics of both labor and administrative branches of law should be implemented. The selection of the criterion for the most effective form of compensation should be based on the interests of each individual individual. It is, of course, not possible to establish in legislation an exhaustive list of forms of compensation, the use of which would be most effective for each specific victim in each specific case, but the law can directly provide for not only a monetary payment, but also several forms of compensation to provide a citizen ( and the court) the right to choose among them one, the most acceptable, or several at the same time. For example, one form of compensation for moral damage could be an apology from a superior to a subordinate, which in certain cases brings the latter the greatest moral satisfaction.

The lack of a subordinate’s right to demand compensation for harm in a form other than monetary, material, is a “stumbling block” on the path to the most prompt and effective restoration of a violated personal right, if, for example, it is known that some thing, work or service can best smooth out negative changes in the mental sphere of the victim. At this stage, Russian legislation does not provide such opportunities, although certain examples can be observed in the legislation of some neighboring countries, for example, the Republic of Belarus, the Kyrgyz Republic, the Republic of Uzbekistan. True, these examples relate to labor law norms.

Nevertheless, the above examples can have a positive impact on the development of military legislation in the field of compensation for moral damage caused to military personnel. I would like to note that the improvement of legislation should be carried out with a greater degree of application of differentiation to rights, responsibilities and their limitations than we can observe at the present stage of development of Russian legislation. And then it will be possible to say that it is truly impossible to measure the dignity of a person in despised metal, because a whole arsenal of legal instruments will stand to protect human dignity. And to the question posed in the title of this article, it will be possible to answer that a serviceman is not limited in his right to compensation for moral damage, and then add that he does not compensate for it, because all human rights in uniform are respected and are realized in a timely manner and in full volume Kozlov V.V. Is a serviceman's right to compensation for moral damage limited? // Law in the Armed Forces, 2007, No. 2..

Thus, the honor, dignity and business reputation of military personnel are integral objects of material wealth. Their alienation is unacceptable. Encroachment on the above benefits entails the use of measures of both civil and criminal protection Kurach S.A. Issues of protecting the honor, dignity and business reputation of military personnel during military service // Russian military legal collection No. 5: Current problems of legal support for military service in the Russian Federation. Series "Law in the Armed Forces - consultant". M.: For the rights of military personnel, 2006. Vol. 62. pp. 135 - 142..

1. The procedure for military personnel (employees) of the National Guard troops to carry out the tasks assigned to them, the procedure and conditions for their military service, the performance of service-combat (operational-service, service, combat) tasks, official and special duties of military personnel (employees) of the National Guard troops and the procedure for their execution is determined by the head of the authorized federal executive body in accordance with federal constitutional laws, this Federal Law, other federal laws, regulatory legal acts of the President of the Russian Federation, as well as other regulatory legal acts of the Russian Federation.

2. Military personnel (employees) of the National Guard troops, when performing combat service, performing service-combat (operational-service, service, combat) tasks, are representatives of the authorities and are under the protection of the state in accordance with the legislation of the Russian Federation. No one, with the exception of state bodies and officials authorized by federal laws, has the right to interfere in their official activities.

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4. Obstruction of a serviceman (employee) of the National Guard troops from performing his official duties, insulting him, resisting him, violence or the threat of violence against him in connection with the performance of his official duties by the said serviceman (employee) entails liability under the legislation of the Russian Federation.

5. Protection of life and health, honor and dignity, as well as property of a serviceman (employee) of the National Guard troops and members of his family from criminal attacks in connection with the performance of his official duties is carried out in the manner prescribed by the legislation of the Russian Federation.

6. When a serviceman (employee) of the National Guard troops performs service-combat (operational-service, service, combat) tasks, his capture, detention, personal search and search of his belongings, as well as search of personal and used transport and floating equipment are not allowed ( courts) without an official representative of the National Guard troops or a court decision.

7. Information about military personnel (employees) of the National Guard troops who performed (are performing) special tasks to counter terrorism and ensure the safety of persons in respect of whom a decision was made to apply state protection measures constitutes a state secret.

8. The period for involving military personnel (employees) of the National Guard troops in performing tasks to ensure the state of emergency, the legal regime of the counter-terrorism operation, and tasks in the conditions of the counter-terrorism operation should not exceed three months.

9. When performing tasks to ensure the state of emergency, the legal regime of the counter-terrorism operation and tasks in the conditions of the counter-terrorism operation, military personnel (employees) of the National Guard troops are paid bonuses, additional monetary payments are made in the manner and amount established by federal laws, regulatory legal acts of the President of the Russian Federation Federation, the Government of the Russian Federation, as well as regulatory legal acts of the authorized federal executive body.