Restriction on military service as the main type of punishment. Restriction on military service Punishment restriction on military service

Restrictions on military service are assigned to officers and other military personnel performing military service under a contract for a period from three months to two years in cases provided for by the sanctions of the relevant articles of the Special Part of the Criminal Code for the commission of military crimes, as well as instead of correctional labor provided for other crimes (Article 53 of the Criminal Code).

In terms of content and degree of legal restrictions, this punishment is similar to correctional labor. A serviceman sentenced to a restriction on military service is subject to monthly deductions from his salary to the state income in the amount established by a court verdict, within the limits from ten to twenty five percent. While serving this sentence, the convicted person cannot be promoted in position or military rank, and the term of punishment is not counted towards the length of service for the assignment of the next military rank.

Restrictions on military service cannot be assigned:

1) persons who have length of service for the assignment of a pension or, due to health reasons, have the right to dismissal with the assignment of a pension;

2) pregnant women;

3) persons on parental leave.

If the above circumstances arise while a person is serving a sentence in the form of a restriction on military service, the court, on the proposal of the commander of the military unit, may release the person from further serving the sentence or replace the unserved part of the sentence with a more lenient form.

Monthly deductions from the salary of a convicted serviceman in the amount established by a court verdict are calculated from salaries according to position and military rank.

The execution of punishment in the form of restriction on service is regulated by Articles 136-141 of the Penal Code and is assigned to the commander (chief) of the military unit. Based on the court verdict, the commander (chief) of the military unit, no later than three days after receiving a copy of the verdict and the order for its execution, gives a written order indicating on what basis and for what period the convicted serviceman is not presented for promotion and assignment of military service rank, what period of time is not counted towards his length of service for the assignment of the next military rank.

If, taking into account the nature of the crime committed and other circumstances, the convicted serviceman cannot be retained in a position related to the management of subordinates, then by decision of the commander (chief), he is transferred to another position, both within his military unit and to another unit or locality. At the same time, a convicted serviceman cannot be promoted during the term of his sentence.

With military personnel serving a sentence in the form of restrictions on military service, the commander (chief) organizes and conducts educational work, taking into account the nature and degree of public danger of the crime committed and the personality of the convicted person, as well as his behavior and attitude towards military service.

The termination of the execution of the service restriction is also announced by order for the military part of the term.

Arrest

The arrest consists of keeping the convicted person in conditions of strict isolation and is set for a period from one to six months (Article 54 of the Criminal Code). For a male minor who has reached the age of sixteen on the day of sentencing, arrest may be imposed for a period of from fifteen days to three months (Article 114 of the Criminal Code).

Arrest cannot be ordered:

1) persons under sixteen years of age;

2) pregnant women;

3) women and single men with children under the age of fourteen or disabled children;

4) disabled people of groups I and II.

The conditions for serving an arrest are established by Articles 58-62 of the Penal Code.

According to Article 59 of the Penal Code, convicts serve their sentences at the place of their conviction in arrest houses located in the area closest to their permanent place of residence. Thus, when a person is sentenced to arrest by a court other than his place of permanent residence, the law does not give specific instructions where the convicted person will serve his sentence - in the arrest house closest to his place of residence or the place of conviction. The convict serves the entire sentence, as a rule, in one arrest house. Military personnel are serving arrest in a guardhouse.

Those sentenced to arrest are kept in conditions of strict isolation. Convicted men, convicted women, juvenile convicts, as well as convicts who have previously served sentences in correctional institutions and have a criminal record are placed in isolation from other categories of persons serving arrest and are housed separately.

Those sentenced to arrest are subject to the conditions of detention established by the criminal-executive legislation for those sentenced to imprisonment serving a sentence under general conditions in prison. Those sentenced to arrest are not granted visits, with the exception of visits with lawyers and other persons entitled to provide legal assistance; they are not allowed to receive parcels, parcels and parcels, with the exception of parcels or parcels with essential items and seasonal clothing. General and vocational education, as well as vocational training for prisoners sentenced to arrest are not provided, and movement without an escort is not permitted. Minors sentenced to arrest are granted a short-term visit once a month lasting up to four hours with close relatives and persons acting in loco parentis. Those sentenced to arrest have the right to a daily walk lasting at least one hour, and juvenile convicts - at least one and a half hours.

In exceptional circumstances (death or serious illness of a close relative that threatens his life, a natural disaster that caused significant material damage to the convicted person or his family), those sentenced to arrest may be allowed either a telephone conversation lasting up to fifteen minutes with close relatives with payment from the personal funds of the convicted person, or a short-term trip outside the arrest house for up to seven days, not counting the time required for travel there and back,

The administration of the arrest house has the right to involve convicts in performing work on the economic maintenance of the arrest house for no more than four hours a week without pay.

The execution of arrest in relation to military personnel has the following features. Military personnel sentenced to arrest serve their sentences in garrison guardhouses. Convicted officers are kept separately from other categories of convicted military personnel. Convicted military personnel with the ranks of warrant officers and midshipmen are kept separately from other categories of convicted military personnel, and those with the ranks of foremen and sergeants are kept separately from convicted ordinary military personnel. Convicted military personnel performing military service under conscription are kept separately from convicted military personnel performing military service under a contract. Convicted military personnel are held separately from military personnel arrested for other reasons.

In relation to convicted military personnel held in a guardhouse, the procedure and conditions for serving a sentence of arrest do not differ from the general procedure defined by Article 59 of the Penal Code.

The time served under arrest is not counted towards the total period of military service and length of service for the assignment of the next military rank. While serving an arrest, a convicted serviceman cannot be nominated for another military rank, appointed to a higher position, transferred to a new place of service, or dismissed from military service, except in cases of dismissal due to illness. Convicted military personnel during the period of serving arrest are paid only in the amount of salary according to their military rank.

In accordance with Article 414 of the Criminal Code, evasion from serving a sentence in the form of arrest is punishable by imprisonment for up to two years.

Restrictions on military service in Russian law

General provisions

Restriction on military service is a new type of punishment in the criminal legislation of the Russian Federation. This type of punishment was included in the Criminal Code in order to enable military personnel who have committed minor crimes to continue to perform military service (which is advisable, for example, if they are highly qualified specialists in their field of military affairs); correction is achieved by depriving the convicted person of material and non-material benefits associated with service.

The legal regulation of this institution is carried out by Articles 44 and 51 of the Criminal Code of the Russian Federation of 1996, which states that restrictions on military service are assigned to convicted military personnel serving under a contract for a period of three months to two years, as well as to convicted military personnel undergoing military service under a contract, instead of correctional labor for a period of 2 months to 2 years. At the same time, deductions are made from the convict’s monetary allowance to the state’s income in the amount established by the court verdict, but not more than twenty percent. While serving this sentence, the convicted person cannot be promoted in position or military rank, and the term of punishment is not counted towards the length of service for the assignment of the next military rank. Restriction on military service is imposed only as the main type of punishment.

This type of punishment can be applied to all categories of military personnel who entered military service under a contract: officers, warrant officers and midshipmen, cadets of military educational institutions of professional education, sergeants and foremen, soldiers and sailors during the entire period of their military service. Punishment can be applied to persons serving in the Armed Forces of the Russian Federation, as well as in the internal troops of the Ministry of Internal Affairs of the Russian Federation, civil defense troops, engineering, technical and road construction military formations under federal executive authorities, the Foreign Intelligence Service of the Russian Federation, and federal security service agencies. , federal security service, military commissariats, military units of the federal fire service and special formations created for wartime.

Similar types of punishment are correctional labor, which are assigned to citizens who are not in military service and do not have a main place of work or study. Those sentenced to correctional labor are subject to forced employment, and a certain share of their earnings is also subject to withholding as state income.

The law does not contain provisions regarding the replacement of this type of punishment if the convicted person maliciously evades its execution.

Execution of punishment

The procedure for executing punishment in the form of restrictions on military service is regulated in Chapter 18 of the 1996 Criminal Executive Code of the Russian Federation. After the relevant court verdict is issued, a copy of it is sent to the commander of the military unit, who no later than three days issues an order indicating:

• on what basis and for what period of time is a convicted military member not presented for promotion and conferment of a military rank;
• what period of time is not counted towards his length of service for the assignment of the next military rank;
• in what amount should deductions be made, according to the court verdict, to the appropriate budget from his salary during the period of serving his restrictions on military service.

This order is announced at the military unit, brought to the attention of the convicted serviceman and accepted for execution. No later than three days before the expiration of the period of restriction on military service established by the court verdict and announced by order for the military unit, the commander of the military unit issues an order to terminate the execution of the punishment in the form of restriction on military service, indicating the date of termination.

The amount of deduction established by a court verdict from the salary of a convicted serviceman is calculated from:

• official salary;
• salary according to military rank;
• monthly and other allowances;
• other additional cash payments.

If, taking into account the nature of the crime committed and other circumstances, the convicted serviceman cannot be retained in a position related to the management of subordinates, he, by decision of the relevant commander of the military unit, is moved to another position, both within the military unit and in connection with a transfer to another unit or locality, which is notified to the court that passed the sentence.

The commander of a military unit carries out educational work with convicted military personnel, taking into account the nature and degree of public danger of the crime committed, the personality of the convicted military personnel, as well as his behavior and attitude towards military service.

No later than three days before the expiration of the period of restriction on military service established by the court verdict and announced by order for the military unit, the commander of the military unit issues an order to terminate the execution of the punishment in the form of restriction on military service, indicating the date of termination. A copy of the order is sent to the court that issued the sentence.

If, before the expiration of the sentence established by the court verdict, the convicted serviceman was dismissed from military service, the commander of the military unit sends a proposal to the court to replace the remaining unserved part of the sentence with a more lenient type of punishment or for release from punishment.

Application practice

In practice, this type of punishment is used by courts extremely rarely.

Restrictions on military service in the law of Ukraine

According to Art. 58 of the Criminal Code of Ukraine, restrictions on military service apply to all military personnel, except those undergoing military service, for a period of 6 months to 2 years if this punishment is provided for by the sanction of an article of the Special Part of the Code, as well as in order to replace restriction of freedom or imprisonment with period no more than 2 years.

It is envisaged that 10 to 20% will be withheld from the prisoner's allowance to the state income. While serving a sentence, a convicted person cannot be promoted to a higher position or military rank, and the term of punishment is not counted towards his length of service for the purpose of assigning the next military rank.

Restrictions on military service in the law of Belarus

According to Art. 53 of the Criminal Code of the Republic of Belarus, restrictions on military service are assigned to officers and other military personnel performing military service under a contract for a period of three months to two years in cases provided for by the articles of the Special Part of the Code for committing military crimes, as well as instead of corrective labor provided for other crimes.

From the monetary allowance of a person sentenced to military service restriction, deduction is made to the state income in the amount established by a court verdict, ranging from ten to twenty-five percent. While serving this sentence, the convicted person cannot be promoted in position or military rank, and the term of punishment is not counted towards the length of service for the assignment of the next military rank.

Restrictions on military service cannot be assigned:

• persons who have length of service to qualify for a pension, or who have reached the age limit for military service, or who have the right to be dismissed for health reasons;
• pregnant women;
• persons on parental leave.

If, during the period a person is serving a sentence in the form of a restriction on military service, the circumstances provided for in part three of this article arise, as well as other circumstances that are the basis for dismissal from military service in accordance with the law, the court, upon the proposal of the body entrusted with the execution of the sentence, releases the person from further serving the sentence or replaces the unserved part of the sentence with a more lenient punishment.

Literature

• Kuznetsova N. F. Criminal law course. Volume 2. General part. The doctrine of punishment. - M., Mirror, 2002. - ISBN 5-94373-035-4

Notes

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See what “Restriction on military service” is in other dictionaries: LIMITATION ON MILITARY SERVICE

Restriction on military service- (English limitation/restriction on military service) in the Russian Federation, a type of criminal punishment, is assigned to convicted military personnel undergoing military service under a contract for a period of 3 months to 2 years in cases provided for ... Encyclopedia of Law

See what “Restriction on military service” is in other dictionaries: Legal encyclopedia

Restriction on military service- 1. Restrictions on military service are imposed on convicted military personnel performing military service under a contract for a period of three months to two years in cases provided for by the relevant articles of the Special Part of this Code for... ... Official terminology

See what “Restriction on military service” is in other dictionaries:- according to the criminal law of the Russian Federation, one of the types of punishment is assigned to convicted military personnel undergoing military service under a contract for a period of 3 months to 2 years for committing crimes against military service. Besides. this type of punishment can... Encyclopedia of Lawyer

Restriction on military service- the main type of punishment provided for in Art. 51 of the Criminal Code, assigned to military personnel serving under a contract for a period of three months to two years instead of correctional labor. At the same time, from the salary of the convicted person, income is withheld... ... Dictionary of basic criminal procedural concepts and terms

See what “Restriction on military service” is in other dictionaries:- type of punishment provided for in paragraph e of Art. 44 and art. 51 of the Criminal Code of the Russian Federation. It is assigned 1) to convicted military personnel performing military service under a contract for a period of three months to two years in cases provided for in the relevant articles of the Special... ... Dictionary-reference book of criminal law

military service restriction- according to Art. 51 of the Criminal Code of the Russian Federation is one of the types of punishment (assigned only as the main one). Appointed to convicted military personnel performing military service under a contract for a period of three months to two years in cases provided for in the relevant articles... ... Large legal dictionary

See what “Restriction on military service” is in other dictionaries:- in the criminal law of the Russian Federation (Article 51 of the Criminal Code of the Russian Federation) one of the types of punishment (appointed only as the main one). Appointed to convicted military personnel performing military service under a contract for a period of three months to two years in cases provided for... ... Encyclopedic Dictionary of Economics and Law

Restriction on military service- criminal punishment that can be imposed on contract military personnel for a period of three months to two years for committing a crime against military service, as well as the same category of military personnel, instead of correctional labor. From money... ... Large legal dictionary

1. Restrictions on military service are imposed on convicted military personnel performing military service under a contract for a period of three months to two years in cases provided for by the relevant articles of the Special Part of this Code for committing crimes against military service, as well as convicted military personnel performing military service under contract, instead of corrective work provided for in the relevant articles of the Special Part of this Code.

2. From the monetary allowance of a person sentenced to military service restrictions, deductions are made to the state's income in the amount established by a court verdict, but not more than twenty percent. While serving this sentence, the convicted person cannot be promoted in position or military rank, and the term of punishment is not counted towards the length of service for the assignment of the next military rank.

Comments to Art. 51 of the Criminal Code of the Russian Federation

1. Restriction on military service is a special type of punishment that can be assigned as a main punishment only to military personnel performing military service under a contract. It is assigned in two cases: firstly, in accordance with the sanction for crimes against military service, and secondly, in order to replace correctional labor provided for by the sanctions of articles of the Criminal Code on crimes other than military ones, since correctional labor is not applied to military personnel.

2. The period of restriction on military service is appointed by the court for crimes against military service in the range from three months to two years in accordance with the sanctions of the relevant articles of the Criminal Code. And when replacing correctional labor provided for other crimes - within the limits established by law for correctional labor, i.e. from two months to two years, but not more than the limit established by the relevant sanction.

3. The punitive elements of the type of punishment under consideration are that: a) from the monetary allowance of the convicted person, deductions are made to the state's income in the amount established by the court verdict, but not more than 20%; b) the convicted person cannot be promoted either in office or military rank while serving his sentence; c) the time of serving the sentence is not counted towards the length of service for the assignment of the next military rank.

4. The amount of deduction established by a court verdict is calculated from the official salary, salary according to military rank, monthly and other allowances and other additional monetary payments (Article 144 of the Penal Code of the Russian Federation).

5. If, taking into account the nature of the crime committed and other circumstances, the convicted person cannot be left in his previous position, he, by decision of the relevant commander of the military unit, is moved to another position, which is notified to the court that passed the sentence (Part 2 of Article 145 of the Penal Code of the Russian Federation).

6. The time spent serving a sentence is not counted only towards the period of length of service for the assignment of the next military rank, but is counted towards the period of other years of service (for example, towards the period of length of service for retirement).

7. The procedure for executing this type of punishment is regulated by Ch. 18 Penal Code of the Russian Federation.

Art. 143 of the Penal Code of the Russian Federation regulates the procedure for the execution of punishment in the form of restrictions on military service.

In accordance with Art. 51 of the Criminal Code of the Russian Federation, restrictions on military service are assigned to military personnel serving under a contract for a period of three months to two years. The application of this measure is possible in cases directly provided for by the articles of the Special Part of the Criminal Code of the Russian Federation for committing crimes against military service, as well as instead of those provided for by the relevant articles of the Special Part of the Criminal Code of the Russian Federation.

In the system of punishments, arranged in ascending order of severity, restrictions on military service are indicated after correctional labor and are assigned only as the main measure. When calculating the terms and carrying out the offset, three days of restriction on military service correspond to one day of imprisonment (Articles 44, 71 of the Criminal Code of the Russian Federation). Like detention in a disciplinary military unit, restrictions on military service by virtue of Part 1 of Art. 73 of the Criminal Code of the Russian Federation can be assigned both real and conditionally.

The content of the regime restrictions of this punishment is that the convicted person cannot be promoted to a higher position or military rank during the period specified in the sentence, and the term of punishment is not counted towards the length of service for the assignment of the next rank. In addition, from the salary of a convicted serviceman, amounts in the amount established by the court, but not more than 20%, are withheld from the state income.

In accordance with Art. 12 of the Federal Law “On the Status of Military Personnel”, the monetary allowance of military personnel consists of a monthly salary for the position held and a monthly salary in accordance with the assigned military rank, which constitute salary, monthly and other allowances and other additional monetary payments.

Art. 144 of the Penal Code of the Russian Federation establishes that the amount of withholding is calculated from all monetary payments to military personnel. The mere fact that a serviceman has been sentenced to a restriction on military service does not prevent him from receiving, in cases provided for by law, other additional payments and allowances included specifically in his salary, from which appropriate deductions must also be made.

Deductions are not made from child benefits, as well as from compensation payments related to clothing, transport, insurance and other support for military personnel serving under a contract. In particular, the procedure for reimbursement of expenses associated with the provision of medical care, sanatorium treatment and recreation for military personnel, in accordance with Art. 16 of the Federal Law “On the Status of Military Personnel” is regulated by a decree of the Government of the Russian Federation.

Restrictions on military service do not prevent certain movements of a convicted person in the order of official necessity: business trips, transfers to other positions and to a new place of service, permanently or temporarily.

The fact of conviction is not a mandatory basis for dismissing a serviceman from service or demoting him in position or rank.

To the military command on the basis of Art. 145 of the Penal Code of the Russian Federation also provides the right, at its own discretion, in the event that, taking into account the nature of the crime committed and other circumstances, the convicted serviceman cannot be retained in a position related to the management of subordinates, to transfer him, while serving his sentence, to positions not related to the management of personnel . The military court that passed the sentence is notified of all official movements of the convicted person, formalized by the relevant order of the command, in order to monitor the execution of the punishment.

At the same time, during the period of serving the sentence, the total length of service, which gives the right to pension provision and other social benefits and allowances (in particular, monthly and other percentage increases to the salary of a military personnel, quarterly and annual one-time cash payments, priority for an apartment), is not suspended. .

Serving this sentence also does not prevent the provision of main and additional leave, the time of which is counted towards the period of service and punishment, as well as material assistance and compensation to the military personnel and members of his family for sanatorium treatment and travel to the place of the main leave.

Thus, the list of legal restrictions of this punishment is exhaustive and is not subject to broad interpretation.

Despite the fact that when restricted in military service, the specified deductions are carried out and that when counted, it is equated to correctional labor, these independent types of punishment cannot be considered identical, since, as already noted, correctional labor is not applied to military personnel and is replaced by a restriction on military service.

A sentence (ruling) that has entered into legal force on the procedure for executing a service restriction in relation to each serviceman is specified by an order from the commander of a military unit, which is brought to the attention of the convicted person, all personnel of the unit, personnel and financial authorities, and a copy thereof is sent to the military court within three days. who passed the sentence.

When carrying out these functions, the command is guided by the norms of the Penal Code of the Russian Federation, as well as the rules for serving criminal sentences by convicted military personnel, uniform for all military formations of the country (Article 5 of the Penal Code of the Russian Federation).

The commander of a military unit carries out educational work with convicted military personnel, taking into account the nature and degree of public danger of the crime committed, the personality of the convicted person, as well as his behavior and attitude towards military service (Article 146 of the Penal Code of the Russian Federation). Educational work is a mandatory means of influencing the convicted person, since, in accordance with the requirements of military legislation, it is an integral part of military service. The convicted person must participate both in general planned educational activities carried out in the military unit (institution) and in special ones intended for him. The forms and methods of educational work, the procedure for its implementation and the circle of responsible officials are determined on the basis of the general requirements of military legislation on this issue.

The peculiarity of the restriction on military service is that while serving it, the convicted person continues his previous activities without breaking with his immediate micro-social environment, albeit on a compulsory basis, with a portion of his salary being retained as state income.

Restrictions on military service can be terminated in various ways: upon completion of the entire prescribed period and ahead of schedule (through an amnesty, release due to illness, etc.).

Art. 147 of the Penal Code of the Russian Federation determines the procedure for terminating punishment after the appointed period. The fact that the period set by the court has expired eliminates all regime restrictions and adverse consequences of this punishment. The legal basis for restoring the status of a serviceman is a command order, a copy of which is sent to the appropriate military court for information and verification of its legality. Current military legislation provides for various grounds for early dismissal of military personnel serving under a contract.

In accordance with Art. 51 of the Federal Law “On Military Duty and Military Service”, a soldier serving under a contract may be dismissed early:

• a) in connection with organizational and staffing measures;
• b) in connection with the transfer to service in the internal affairs bodies, the State Fire Service, institutions and bodies of the penal system, bodies for control of the circulation of narcotic drugs and psychotropic substances or customs authorities of the Russian Federation and appointment to the position of private (junior) or commanding officer composition of these bodies and institutions;
• c) due to his failure to fulfill the terms of the contract;
• d) refusal of access to state secrets or deprivation of said access;
• e) in connection with the entry into force of a court verdict imposing a suspended sentence on a military serviceman for a crime committed through negligence;
• f) as having failed the test;

f.1) in connection with violation of prohibitions, restrictions and obligations associated with military service;

e.2) in connection with non-compliance with requirements, failure to fulfill duties, violation of prohibitions, non-compliance with restrictions established by the legislation of the Russian Federation and related to military service in the Federal Security Service, state security agencies;

• g) in connection with transfer to the federal state civil service;
• h) in connection with the termination of the citizenship of the Russian Federation of a serviceman performing military service under a contract in the Armed Forces of the Russian Federation, other troops and military formations in a military position for which the state provides for a military rank up to and including chief petty officer;
• i) in connection with the acquisition of citizenship (nationality) of a foreign state by a military personnel who is a citizen serving under a contract in the Armed Forces of the Russian Federation, other troops and military formations;
• j) due to failure to undergo mandatory chemical and toxicological studies of the presence of narcotic drugs, psychotropic substances and their metabolites in the human body;
• k) in connection with the commission of an administrative offense related to the consumption of narcotic drugs or psychotropic substances without a doctor’s prescription or new potentially dangerous psychoactive substances.

In addition, a serviceman has the right to early dismissal if he is declared partially fit for service by the conclusion of a military medical commission; if it is impossible for a member of his family to live for medical reasons in the area in which the subject is serving military service (for family reasons).

In the event of dismissal from service, the serviceman loses his special legal status and can no longer serve the sentence in question, which is executed only in the conditions of a military organization (Article 174 of the Penal Code of the Russian Federation). In this regard, the unit commander (head of the institution) sends to the military court that issued the narthex a submission on the grounds for the dismissal of the serviceman serving his sentence and on the replacement of the remaining unserved part of the term of service restriction with another punishment according to the rules of Art. 80 of the Criminal Code of the Russian Federation or about complete exemption from it. When deciding this issue, the court is not bound by the opinion of the command contained in the submission and makes a decision in accordance with the Code of Criminal Procedure of the Russian Federation.

• Belov V.K. Decree. Op. P. 58.
• Kirillov M.A. Decree. Op. P. 79.

A specific feature of the punishment in the form of restrictions on military service is its appointment in accordance with Part 1 of Article 51 of the Criminal Code of the Russian Federation:

convicted military personnel performing military service under a contract for a period of three months to two years in cases provided for by the relevant articles of the Special Part of the Criminal Code of the Russian Federation for committing crimes against military service;

convicted military personnel undergoing military service under a contract, instead of corrective labor provided for by the relevant articles of the Special Part of the Criminal Code of the Russian Federation.

Military service, according to Art. 2 of the Federal Law of March 28, 1998 No. 53-FZ “On military duty and military service” is a special type of federal public service performed by citizens in the Armed Forces of the Russian Federation, as well as in the internal troops of the Ministry of Internal Affairs of the Russian Federation, in civil defense troops, engineering, technical and road construction military formations under federal executive authorities, the Foreign Intelligence Service of the Russian Federation. bodies of the federal security service, the federal body of special communications and information, federal bodies of state security, the federal body for ensuring mobilization training of government bodies of the Russian Federation, military units of the federal fire service and special formations created for wartime, as well as foreign citizens in the Armed Forces of the Russian Federation, others troops, military formations and bodies.

Persons undergoing military service under a contract include both male and female citizens who have entered into a written agreement (contract) with the Ministry of Defense of the Russian Federation or a federal executive body in the manner determined by the Regulations on the procedure for military service.

A person sentenced to a restriction on military service continues to perform military service under a contract in the same place where he served, but deductions are made from the convict’s salary to the state’s income in the amount established by a court verdict, but not more than 20%.

In accordance with Art. 12 of the Federal Law of May 27, 1998 No. 76-FZ “On the status of military personnel”, the monetary allowance of military personnel consists of a monthly salary in accordance with the military position held (military position salary) and a monthly salary in accordance with the assigned military rank (military salary rank), which constitute the monthly salary of military personnel (salary), monthly and other additional payments.

Persons serving under a contract and conscientiously performing the duties of military service are entitled, in addition, in accordance with Art. 13 12 Federal Law No. 76-FZ of May 27, 1998 “On the status of military personnel”, additional cash payments (at the end of the calendar year, for class, when going on leave or transferring to a new place of military service, etc.), as well as various types of allowances, for example for length of service.

The amount of deduction established by a court verdict from the salary of a convicted serviceman is calculated in accordance with Art. 144 of the Penal Code of the Russian Federation, from official salary, salary according to military rank, monthly and other allowances and other additional payments. No deductions are made from amounts paid to a convicted military personnel other than in the order of his salary.

In addition to the right to restrictions of a material nature, convicts also undergo other restrictions: while serving a sentence, a convict cannot be promoted in position or military rank; the term of punishment is not counted towards the length of service for the assignment of the next military rank. Criminal Executive Code of the Russian Federation dated 01/08/1997 No. 1-FZ (as amended on 05/03/2012) Part 1 Article 145 - ConsultantPlus

If, taking into account the nature of the crime committed and other circumstances, the convicted serviceman cannot be retained in a position related to the management of subordinates, he, by decision of the relevant commander of the military unit, is moved to another position, both within the military unit and in connection with a transfer to another unit or locality, which is notified to the court that passed the verdict (Part 2 of Article 145 of the Penal Code of the Russian Federation).

The criminal legal essence of punishment in the form of restrictions on military service lies in the form of a certain amount of deductions from the convict’s salary, a prohibition to promote him in position and military rank, not including the term of punishment in the length of service for the assignment of the next military rank and carrying out with him, among other things, educational work.

The basis for the execution of the punishment is the receipt from the court of a copy of the sentence and the order for its execution by the commander of the military unit. No later than three days after their receipt, an order is issued declaring on what basis and for what period of time the convicted serviceman is not considered for promotion and assignment of a military rank, and what period of time is not counted towards his length of service for the assignment of the next military rank.

It also indicates in what amount, in accordance with the court verdict, deductions should be made to the appropriate budget from the salary of a convicted serviceman during the period he is serving restrictions on military service. The order is announced at the military unit, brought to the attention of the convicted serviceman and accepted for execution. In addition, the court that passed the sentence is notified within three days of the receipt of the verdict, the issuance of the corresponding order and its acceptance for execution. A copy of the verdict is sent to the court. Criminal Executive Code of the Russian Federation dated 01/08/1997 No. 1-FZ (as amended on 05/03/2012) Part 1 Article 143 - ConsultantPlus

An order to terminate the execution of a sentence in the form of a restriction on military service, indicating the date of termination, is issued by the commander of a military unit also no later than three days before the expiration of the period of restriction on military service established by the court verdict and announced by order for the military unit. A copy of the order, accordingly, is sent to the court that passed the sentence. Criminal Executive Code of the Russian Federation dated 01/08/1997 No. 1-FZ (as amended on 05/03/2012) Art. 147 - ConsultantPlus

If, before the expiration of the sentence established by the court verdict, the convicted person must be dismissed from military service on the grounds provided for by the legislation of the Russian Federation, for example, due to failure to fulfill the terms of the contract on the part of the serviceman; declaring a person unfit or partially fit for a certain type or for military service in general, the commander of the military unit sends a proposal to the court to replace the remaining unserved part of the punishment with a more lenient type of punishment or for release from punishment. Criminal Executive Code of the Russian Federation dated 01/08/1997 No. 1-FZ (as amended on 05/03/2012) Art. 148 - ConsultantPlus

According to Art. 51 of the Criminal Code of the Russian Federation, service restrictions can be assigned to military personnel in cases provided for by the relevant articles of the Special Part of the Criminal Code of the Russian Federation, for committing crimes in military service for a period of three months to two years; in cases where this punishment is applied instead of correctional labor - for the same period of correctional labor that is specified in the sanction of the corresponding article of the Special Part of the Criminal Code of the Russian Federation.