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Federal Law "On the Status of Military Personnel", N 76-FZ | Art. eleven

Article 11. Service time and the right to rest

1. The total duration of weekly service time for military personnel performing military service under a contract, with the exception of the cases specified in paragraph 3 of this article, should not exceed the normal duration of weekly working time established by federal laws and other regulatory legal acts of the Russian Federation. The involvement of these military personnel in the performance of military service duties beyond the established duration of weekly service time in other cases is compensated by rest of the corresponding duration on other days of the week. If it is impossible to provide the specified compensation, the time spent performing military service duties in excess of the established duration of weekly service time is summed up and provided to military personnel in the form of an additional day of rest, which can be added to the main leave at the request of these military personnel. The procedure for recording service time and providing additional days of rest is determined by the Regulations on the procedure for military service.

1.1. For certain categories of military personnel performing military service under a contract in state security agencies, other federal laws may establish a total duration of weekly service time other than that provided for in this article (non-standardized service day). These military personnel are granted additional annual leave of up to 10 days. The procedure and conditions for granting additional annual leave for an irregular working day are determined by the head of the federal executive body in the field of state security.

2. The length of service time for military personnel undergoing military service upon conscription is determined by the daily routine of the military unit in accordance with the requirements of general military regulations. At the same time, these military personnel are provided daily with at least eight hours of sleep and two hours for personal needs, with the exception of cases determined by general military regulations.

3. Combat duty (combat service), exercises, ship voyages and other events, the list of which is determined by the Minister of Defense of the Russian Federation (the head of another federal executive body or federal government body in which military service is provided for by federal law), are carried out if necessary without restrictions total weekly working time. Additional days of rest, which compensate military personnel for participation in these activities, are not counted towards the main and additional leave and are provided in the manner and under the conditions determined by the Regulations on the procedure for military service.

Military personnel undergoing military service under a contract, participating in events that are carried out if necessary without limiting the total duration of weekly service time, at their request, instead of providing an additional day of rest, may be paid monetary compensation in the amount of salary for each additional day of rest required. The procedure and conditions for the payment of monetary compensation are established by the head of the federal executive body or federal government agency in which military service is provided for by federal law.

3.1. Lost power. - Federal Law of December 27, 2018 N 545-FZ.

4. Military personnel undergoing military service on conscription, as well as military personnel undergoing military service under a contract in military professional educational organizations and military educational organizations of higher education and military training units, are provided with at least one day of rest weekly. The rest of the military personnel performing military service under a contract are provided with at least one day of rest weekly, but not less than six days of rest per month.

Rest days are provided to military personnel on weekends and holidays, and when they are involved in military service duties on these days, rest is provided on other days of the week.

5. Military personnel performing military service under a contract are granted basic leave annually.

The duration of the main vacation is established:

for military personnel whose total duration of military service in preferential terms is less than 10 years - 30 days;

for military personnel whose total duration of military service in preferential terms is 10 years or more - 35 days;

for military personnel whose total duration of military service in preferential terms is 15 years or more - 40 days;

for military personnel whose total duration of military service in preferential terms is 20 years or more - 45 days.

The duration of the main leave of military personnel performing military service under a contract in the year of entry into military service under a contract and in the year of dismissal from military service is calculated in the manner determined by the Regulations on the procedure for performing military service.

Military personnel performing military service under a contract in the Far North, equivalent areas and other areas with unfavorable climatic or environmental conditions, including remote ones, as well as in military positions, the performance of military service duties in which is associated with an increased danger to life and health, the duration of the main leave is increased by up to 15 days or an additional day of rest is provided in accordance with the standards established by the Regulations on the procedure for military service. In this case, the total duration of the main vacation, taking into account additional days of rest, cannot exceed 60 days, not counting the time required to travel to the place of use of the vacation and back.

The paragraph has been deleted. - Federal Law of July 26, 2001 N 105-FZ.

At the request of military personnel performing military service under a contract, the main leave may be granted to them in parts.

Paragraphs eleven to fourteen became invalid on January 1, 2008. - Federal Law of July 6, 2006 N 104-FZ.

Military personnel who have received secondary vocational education or higher education in a military professional educational organization or a military educational organization of higher education are granted basic leave immediately after receiving the appropriate education.

The duration of the main leave of military personnel is increased by the number of days required to travel to the place where the leave is used and back, but not less than one day one way. If the main leave for military personnel is granted in parts, then the time required to travel to the place of use of the leave and back is granted once.

5.1. Military veterans of combat operations specified in the Federal Law “On Veterans” (as amended by Federal Law No. 40-FZ of January 2, 2000) are granted leave of 15 days.

6. Military personnel undergoing military service under a contract are provided with educational leave to prepare for entrance examinations and pass entrance examinations for admission to educational programs of secondary vocational education and higher education, passing intermediate and final certification for the specified educational programs in the manner established by federal laws and other regulatory legal acts of the Russian Federation.

7. Military personnel undergoing military service under a contract, as well as cadets of military professional educational organizations and military educational organizations of higher education, before concluding a contract with them for military service during the period of study in the specified educational organizations, are granted vacation leave during breaks in training for periods , determined by this Federal Law and the Regulations on the procedure for military service. Vacation leave provided to the specified military personnel in the summer (summer vacation leave) is the main vacation, and vacation leave provided in the winter (winter vacation leave) is an additional vacation and is not counted towards the main vacation.

8. Military personnel undergoing military service under a contract who are applicants for academic degrees are granted sabbatical leave in the manner established by federal laws and other regulatory legal acts of the Russian Federation.

9. Military personnel are granted sick leave based on the conclusion of the military medical commission.

9.1. Military personnel subject to medical and psychological rehabilitation in accordance with paragraph 2.1 of Article 16 of this Federal Law are granted rehabilitation leave for the period of medical and psychological rehabilitation in the manner determined by the Regulations on the procedure for military service.

10. Leave for personal reasons for up to 10 days is granted to a military personnel in the following cases:

serious health condition or death (death) of a close relative of a serviceman (spouse, father (mother), father (mother) of a spouse, son (daughter), sibling or a person in whose care the serviceman was;

a fire or other natural disaster that befell the family or close relative of a serviceman;

in other exceptional cases, when the presence of a serviceman in the family is necessary, by decision of the commander of the military unit.

The duration of leave for personal reasons granted to a military personnel in accordance with this paragraph is increased by the number of days required for travel by land (water, air) to the place where the leave is used and back.

Military personnel whose total duration of military service is 20 years or more, in one year out of three years before they reach the age limit for military service or in the year of dismissal from military service for health reasons or in connection with organizational and staffing measures, in addition to the main leave for If they wish, they are granted leave for personal reasons for 30 days. The specified leave is also provided to military personnel who, in accordance with federal laws, perform military service after they have reached the age limit for military service and have not used the specified leave before. This leave is granted once during the period of military service.

11. Spouses of military personnel, at their request, are granted leave simultaneously with the leave of military personnel. In this case, the duration of leave for spouses of military personnel can, at their request, be equal to the duration of leave for military personnel. Part of the leave of military spouses that exceeds the duration of annual leave at their main place of work is provided without pay.

12. Leaves provided for in paragraphs 1.1, 5.1, 6, 8 - 10 of this article, leaves established for military personnel by the Law of the Russian Federation "On social protection of citizens exposed to radiation due to the disaster at the Chernobyl nuclear power plant", and leaves granted after a space flight, are additional and are not counted towards the main vacation.

13. Female military personnel are granted maternity leave, as well as child care leave in the manner established by federal laws and other regulatory legal acts of the Russian Federation.

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11 of the Federal Law “On the Status of Military Personnel” it follows that monetary compensation is subject to payment in the amount of salary for each additional day of rest required. According to Art. 18 of the Constitution of the Russian Federation, the rights and freedoms of man and citizen are directly applicable. They determine the meaning, content and application of laws, the activities of the legislative and executive powers, local self-government and are ensured by justice...

Supreme Court decision: Determination N KAS09-199, Cassation Board, cassation

The court also did not take into account when making its decision that military personnel are not subject to social insurance. Having examined the case materials and studied the arguments of the cassation appeal, the Cassation Board finds no grounds for satisfying it. According to paragraph 13 of Article 11 of the Federal Law of May 27, 1998 No. 76-FZ “On the status of military personnel,” female military personnel are granted maternity leave, as well as child care leave in the manner established by federal laws and other regulatory legal acts Russian Federation. Article 256 of the Labor Code of the Russian Federation establishes that leave to care for a child until he or she reaches the age of three is granted at the request of a woman and can also be used by the father of the child...

Decision of the Supreme Court: Determination N KAS09-198, Cassation Board, cassation

Having examined the case materials and studied the arguments of the cassation appeal, the Cassation Board finds no grounds for satisfying it. According to paragraph 13 of Article 11 of the Federal Law of May 27, 1998 No. 76-FZ “On the status of military personnel,” female military personnel are granted maternity leave, as well as child care leave in the manner established by federal laws and other regulatory legal acts Russian Federation. Article 256 of the Labor Code of the Russian Federation establishes that leave to care for a child until he or she reaches the age of three is granted at the request of a woman and can also be used by the father of the child...

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The total duration of weekly service time of military personnel undergoing military service under a contract (except for participation in events conducted without limiting the total duration of weekly service time) should not
in accordance with Article 91 of the Labor Code of the Russian Federation, exceed 40 hours. For events carried out without limiting the total duration of weekly service time (their list is determined by order of the Minister of Defense of the Russian Federation dated November 10, 1998 No. 492 “On approval of the List of events that are carried out if necessary without limiting the total duration of the weekly service time of military personnel"), include, in particular, combat duty (combat service), exercises, ship voyages, etc. If a serviceman is involved in the performance of military service duties beyond the established duration of service time, the command must keep records of him in journal, the form and procedure for maintaining which are established by the head of the federal executive body in which military service is provided.
Federal Law No. 76-FZ of May 27, 1998 “On the status of military personnel”, the Regulations on the procedure for military service, approved by Decree of the President of the Russian Federation of September 16, 1999 No. 1237 “Issues of military service”, define methods for recording such time for various categories of contract servicemen: First - the time of involvement of a serviceman serving under a contract in activities carried out without limiting the total duration of weekly service time is taken into account
in days. For every three days of involvement in these activities, the serviceman is given two days of rest. Rest time, which compensates for participation in these events, is provided to a soldier serving under a contract, as a rule, upon completion of these events, taking into account the need to maintain the combat readiness of the unit and the interests of the service. The second is taking into account the time of attracting military personnel serving under a contract to performance of military service duties on weekdays in excess of the established duration of weekly service time (overtime), as well as taking into account the involvement of these military personnel in the performance of military service duties on weekends and holidays. It is calculated in hours. When the total overtime time reaches the daily time established by the regulations of official time for the performance of official duties, a military man performing military service under a contract, at his request, is provided with additional days of rest on other days of the week or they are added to the main leave. Additional A day of rest in an amount of no more than 30, added to the vacation, is not included in the duration of the main leave (information on the number of additional days of rest added to the main leave is submitted by the unit commander to the headquarters of the military unit (personnel authority)). The exception is for military personnel under contract, those undergoing military service in formations and military units of permanent readiness, for whom additional rest (if they are involved in the performance of military service duties beyond the established duration of weekly service time, as well as participation in events carried out without limiting the total duration of weekly service time) is not provided. Deputy boss
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Chief Military Prosecutor's Office
Senior Adviser of Justice Andrey Semenov

And other regulatory legal acts of the Russian Federation. The involvement of these military personnel in the performance of military service duties beyond the established duration of weekly service time in other cases is compensated by rest of the corresponding duration on other days of the week. If it is impossible to provide the specified compensation, the time spent performing military service duties in excess of the established duration of weekly service time is summed up and provided to military personnel in the form of an additional day of rest, which can be added to the main leave at the request of these military personnel. The procedure for recording service time and providing additional days of rest is determined by the Regulations

(see text in the previous edition)

Rest days are provided to military personnel on weekends and holidays, and when they are involved in military service duties on these days, rest is provided on other days of the week.

5. Military personnel performing military service under a contract are granted basic leave annually.

The duration of the main vacation is established:

for military personnel whose total duration of military service in preferential terms is less than 10 years - 30 days;

for military personnel whose total duration of military service in preferential terms is 10 years or more - 35 days;

for military personnel whose total duration of military service in preferential terms is 15 years or more - 40 days;

for military personnel whose total duration of military service in preferential terms is 20 years or more - 45 days.

(see text in the previous edition)

At the request of military personnel performing military service under a contract, the main leave may be granted to them in parts.

Paragraphs eleven to fourteen became invalid on January 1, 2008. - Federal Law of July 6, 2006 N 104-FZ.

(see text in the previous edition)

5.1. Military veterans of combat operations specified in the Federal Law “On Veterans” (as amended by Federal Law No. 40-FZ of January 2, 2000) are granted leave of 15 days.

(see text in the previous edition)

9. Military personnel are granted sick leave based on the conclusion of the military medical commission.

In accordance with paragraph 3 of Article 11 of the Federal Law of May 27, 1998 N 76-FZ “On the status of military personnel”* I order:

1. Approve the attached List of activities that are carried out, if necessary, without limiting the total duration of the weekly service time of military personnel of the federal state security agencies performing military service under a contract.

2. Recognize as invalid the orders of the FSO of Russia dated June 18, 1999 N 197 “On approval of the List of activities that are carried out if necessary without limiting the total duration of weekly service time of military personnel of the FSO of Russia serving under contract” (registered with the Ministry of Justice of Russia on July 16 1999, registration N 1833) and dated April 5, 2003 N 100 “On amendments to the List of activities that are carried out, if necessary, without limiting the total duration of weekly service time of military personnel of the FSO of Russia serving under contract, approved by order of the FSO of Russia dated June 18, 1999 N 197" (registered with the Ministry of Justice of Russia on April 29, 2003, registration N 4458).

Director of the Federal Security Service of the Russian Federation E. Murov

___________________

* Collection of Legislation of the Russian Federation, 1998, No. 22, Art. 2331; 2000, N 1 (part II), art. 12, N 26, art. 2729, N 33, art. 3348; 2001, N 1 (part I), art. 2, N 31, art. 3173, N 53 (part I), art. 5030; 2002, N 1 (part I), art. 2, N 19, art. 1794, N 21, art. 1919, N 26, art. 2521, N 48, art. 4740, N 52 (part I), art. 5132; 2003, N 46 (part I), art. 4437, N 52 (part I), art. 5038; 2004, N 18, art. 1687, N 30, art. 3089, N 35, art. 3607; 2005, N 17, art. 1483; 2006, N 1, art. 1, Art. 2, N 6, art. 637, N 19, art. 2062, art. 2067, N 29, art. 3122, N 31 (part I), art. 3452, N 43, art. 4415, N 50, art. 5281; 2007, N 1 (part I), art. 41, N 2, art. 360, N 10, art. 1151, N 13, art. 1463, N 15, art. 1820, N 26, art. 3086, Art. 3087, N 31, art. 4011, N 45, art. 5431, N 49, art. 6072, N 50, art. 6237; 2008, N 24, art. 2799, N 29 (part I), art. 3411, N 30 (part II), art. 3616, N 44, art. 4983, N 45, art. 5149, N 49, art. 5723, N 52 (part I), art. 6235; 2009, N 7, art. 769, N 11, art. 1263, N 30, art. 3739, N 51, art. 6150, N 52 (part I), art. 6415; 2010, N 30, art. 3990, N 50, art. 6600; 2011, N 1, art. 16, art. 30, N 17, art. 2315.

Application

List of activities that are carried out, if necessary, without limiting the total duration of weekly service time for military personnel of federal state security agencies performing military service under a contract

1. Activities related to the introduction of higher levels of combat readiness or the announcement of mobilization, including for training purposes.

2. Activities carried out during business trips related to the preparation and implementation of security measures to ensure the safety of state security facilities.

3. Operational and investigative activities directly related to ensuring the safety of state security facilities and one’s own safety.

4. Counter-terrorism operations and (or) other measures to combat terrorism.

5. Exercises and other practical exercises conducted according to the plan of service and combat training, including in cooperation with federal executive authorities, in which military service is provided for by law.

6. Activities related to transportation, loading (unloading) of weapons, military and special equipment and their samples, as well as ammunition.

7. Measures to eliminate the consequences of accidents, catastrophes and natural disasters, participation in quarantine measures.

8. State, factory, operational, acceptance (including joint) tests of newly developed or modernized weapons, military and special equipment.

Note. The activities provided for in this List are carried out without limiting the total duration of weekly service time only if it is necessary to carry them out continuously for one day or more without replacing the military personnel participating in these activities.

Application
to the order of the Minister of Defense of the Russian Federation
dated November 10, 1998 N 492

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activities that are carried out if necessary without limiting the total duration of the weekly service time of military personnel

With changes and additions from:

1. Activities related to the introduction of higher levels of combat readiness or the announcement of mobilization, including for training purposes.

2. Combat duty (combat service).

3. Activities for operational and combat training of military command and control bodies and troops (forces):

operational exercises;

operational-tactical exercises;

tactical live-fire exercises;

command post and staff exercises;

command post training;

tactical and special exercises;

experimental and exploratory exercises;

mobilization and special exercises;

flight tactical exercises;

war games;

maneuvers of troops (forces);

operational field trips;

departures to sea of ships (vessels) and submarines, aviation sorties according to the combat training plan, performing tasks to support fleet forces, inter-base transitions and in emergency circumstances.

4. Checking the state of combat and mobilization readiness, organization of combat work, performance of special tasks, combat training:

planned;

sudden;

final (control).

5. Inspection of troops (forces).

6. Conducting state, factory and sea trials of newly developed or modernized weapons and military equipment.

10. Implementation of activities in emergency zones. Participation of troops in ensuring the state of emergency.

11. Implementation of measures to eliminate accidents, catastrophes and natural disasters, carrying out quarantine measures.

13. Loading (unloading) of weapons and ammunition onto carriers, the production of which cannot be stopped without completing the technological processes.

14. Participation in activities to maintain or restore international peace and security.

15. Performing combat and (or) special tasks determined by legislative and (or) other regulatory legal acts of the Russian Federation.

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Application. Additional days of rest or compensation Appendix to the order

Article 11. Service time and the right to rest

List of activities that are carried out, if necessary, without limiting the total duration of weekly service time for military personnel of federal state security agencies performing military service under a contract

With changes and additions from: