Military law is one of the most complex and confusing branches. But everyone who is “threatened” with conscription should familiarize themselves with it. However, it is here that the legislation is quite well developed, regulating almost all aspects of a serviceman’s life. If you are already a military member or plan to take the oath in the future, it is better to take the time to study what rights the status in question provides, as well as what obligations a person in military service must comply with.
If you know your rights and responsibilities, and the draft is close, you will be able to fulfill them correctly, and therefore successfully perform military service. Military affairs gives the people who are involved in it not only a lot of responsibilities, but also a lot of rights and some freedoms. Military personnel and their families can count on fairly serious social protection.
Laws and regulations of military law
If a person serves in the army or is a military man by profession, his life is controlled by slightly different laws than for civilians. The rights of citizens in military service are indicated on the pages of the Constitution. Of course, as already mentioned, there are additional rules that a military member must comply with, but basically they must follow the basic requirements of the Constitution.
Thus, if a military man defends the fatherland, he is obliged to do so exclusively by those methods and at the time as specified in the main document regulating the legislation. The form and order in which civil duty must be performed is specified in several laws. These are federal laws that talk about “the status of military personnel” and military duties as part of their service. The first document talks about what general rights a military man has as a citizen of the country, but taking into account the fact that he is currently in military service. In addition, the document under consideration clarifies some of the nuances that military affairs has for foreigners.
The second document talks about the accepted forms and order, which provides for the conscription and performance of military duty. It also mentions that some citizens are required to enroll in military service, register, and enter the army according to a certain algorithm.
Federal laws have some general provisions that are described too sparingly or only mentioned, so they are discussed in more detail in the by-laws. But in order to study the most detailed list of nuances, you should refer to the general military regulations, where the information is presented on the most complete scale.
For example, you can study the charter of guard services, garrison, internal regulations or disciplinary regulations that a citizen must adhere to. Depending on the focus of military service, we can distinguish the ship's regulations, which control the work of a military sailor.
Arrest
It is an administrative disciplinary punishment that is applied on the recommendation of the commander of a military unit or garrison authorities. The term of arrest cannot exceed 45 days of continuous stay in a cell-type premises. This is the only type of punishment to which both officers and privates and non-commissioned officers are subjected.
There are two types of guardhouse:
Military (ship) . The decision to serve the arrest there is made by the commander of the military unit or the garrison commander (the period of arrest cannot exceed 5 days);
Garrison - where military personnel are kept by decision of a military court.
The main offenses for which a serviceman can be punished are:
- Violation of the regulations of garrison or guard service;
- Careless handling of weapons;
- Being late from leave or vacation;
- Short-term unauthorized abandonment of a military unit;
- State of drug or alcohol intoxication on the territory of a military unit or during military service.
Officers and non-commissioned officers serve their sentence of arrest separately. Contained in cell-type premises under reinforced armed guard. The period of time under arrest (in the guardhouse) does not count towards the total service life. During the arrest, the guilty soldier cannot be promoted in military rank, presented for awards or promotions, appointed to a new position, or dismissed at the end of his term of service until the term of arrest has been fully served.
General duties and responsibilities of military personnel
The rights and responsibilities of military personnel are a separate category that requires detailed study . Military personnel are a separate social group, so they enjoy rights, bear unique responsibilities and use their responsibilities.
Any military personnel can use the status in question - all ordinary officers who serve in various ranks and ordinary soldiers who entered service through conscription. Let's start with the military, who serve on ships and troops for various purposes. Also, a similar situation is relevant for military cadets who are studying at universities. Don't forget about conscripts and contract soldiers. Even citizens of other states who perform military service in the Russian Federation.
But to be fair, it is worth taking into account that the military, as a social group, also has some restrictions when the contract was signed. Because they are forced to carry out specialized activities - to protect the state and the public. This affects some freedoms.
For example, after conscription, military personnel are limited in freedom of movement - this is another restriction that the contract provides for. We had to do this because military units must always be in combat readiness, and gathering military personnel throughout the country is a much more difficult task. When troops are stationed in one place, the task is greatly simplified since the citizen will arrive on the spot within a limited time.
That is why military personnel must live near their place of service (this condition is specified in the contract). This way, if necessary, you can quickly arrive at the gathering place after conscription. So the rank and file of the army lives in barracks. Officers may live on their personal property, but also within a military camp or area nearby. And in order to leave for another country after conscription, you need to agree on the issue under consideration with your superiors, and even draw up a contract.
Freedom of speech is also limited. For example, a military man in service cannot discuss with outsiders the orders that he received after he was drafted. Secret data also cannot be disclosed. It is prohibited to go into politics or support parties and other political organizations. But this rule applies only to the period of service. Additionally, please be aware that military personnel have limited rights when performing commercial work.
At the same time, military personnel have a wide range of responsibilities after conscription, which are also specified in the contract. They are associated with a violation of Russian military law. If a person violates the requirements specified in the law, he will be held accountable. This usually happens due to violation of orders, ignoring the regulations, etc. The measures of responsibility used are divided into several categories:
- Disciplinary. It is determined by the disciplinary regulations under the contract. Usually punishment occurs for disciplinary offenses that contradict the regulations and spoil military honor.
- Administrative. The type of liability under consideration works not only for contract military personnel, but also for other residents. True, military personnel serving under contract cannot be arrested on a general basis.
- Civil law . This measure of responsibility comes if a military man has caused damage to a citizen or organization, or harmed the state. It can be extended not only to military personnel, but also to ordinary people. Responsibility may be material. For example, you will have to pay for damaged or lost property and military equipment. Although the refund is not always complete.
- Criminal. The grounds for the military are the same, but the specifics of the punishment for contract military personnel are slightly different.
By the way, criminal liability is one of the most complex and controversial categories. It doesn’t matter if a call has been received or the service is of a contractual nature, so let’s look at it in more detail. Military personnel are subject to criminal liability on the same basis as other citizens. But in addition to the main violations of the law, military personnel are subject to violations that are specifically related to the serviceman’s service. In particular, several situations can be called such violations that will result in criminal liability.
For example, even if a person has the right to military service, he has the obligation to carry out orders from higher ranks. If the order is not executed, the consequences will be criminal liability. Especially if the violated duty led to serious consequences or caused serious harm to the service.
You will also have to bear responsibility if a military man resists a person who is higher in rank. Listening to superiors is his responsibility. They will be punished if a military man uses violence against a higher-ranking person in the military hierarchy, humiliates, insults, or resorts to violence against another military man.
You will have to answer for leaving your unit without permission or if the military man did not return from vacation/leave, feigning illness in order not to carry out military work, military desertion, abandoning a sinking ship (without orders). And of course, a military citizen will be punished if he conducts duty, guard duty or border service incorrectly.
Therefore, in order not to aggravate the situation, before doing anything, always check whether the soldier has the right to do so after being drafted or if his service is of a contractual nature. Especially if the military action in question has all the signs of a failure to comply with an order or a violation of duty. Moreover, it should be taken into account that you need to pay for the offenses in question in different ways. Sometimes a military crime may be a disciplinary offense, while in another situation the person is deprived of his liberty.
General penalties
General punishments for military personnel include all types provided for civilians.
- For committing ordinary crimes - criminal liability;
- For administrative offenses - administrative;
- For committing offenses related to the performance of official duties - disciplinary action.
The basis for the appointment are articles of the criminal code or the code of administrative offenses, departmental job descriptions and regulations for military service and behavior in a military unit in peacetime.
Status and rights of the military
The military ID card gives completely different benefits, but with them comes the obligation to comply with military requirements. Even taking into account the huge number of restrictions that military life entails, a military man receives many rights that are not available to most citizens, as well as various privileges. Including those of a social nature. For convenience, we have divided the rights under consideration into several categories:
Personal
With the help of the rights under consideration, a serviceman can protect military dignity and honor at the legal level and defend his interests before the law. If there was a completely unlawful action against them by legal authorities, the duty of the military man is to appeal. If a person was harmed while serving in the military, he can claim compensation. If we talk about personal rights, a serviceman has the right to free expression of his conscience and religion. True, military service is not obliged to provide conditions for the military to perform religious rites.
Rights of socio-economic type
A military man in service must be provided with food and property that he needs for life (the necessary minimum). Conscription rights state that service must last 8 hours, 2 hours of free time, and the rest for sleep. Also, military personnel can receive leave if personal circumstances arise. A serviceman is credited with length of service - if he serves on conscription, a month of service is counted as 2 working months.
Political
Even if a person is in the service, he has the right to express his political, and not just military, opinion, express his beliefs, keep abreast of the latest events and disseminate information (if it is not a state or military secret). Naturally, the military is allowed to vote and be employed by the government. or municipal authorities.
Also, military personnel have the right to become members of a public or non-political organization, peaceful demonstrations (if the military man is on leave and does not have a weapon with him).
Briefly about the deadlines
The unit commander is given ten days to investigate the violation. The command must make a decision on the type of punishment within two days. Responsibility comes into force after the commander signs part of the order on punishment. If it is not possible to punish a serviceman immediately (wounded, ill), the execution period is 30 days.
For a violation committed during combat duty or daily duty, responsibility begins after the surrender of authority (duty officer, orderly, etc.). Execution of punishment for drunkenness is carried out after the serviceman has acquired an adequate condition.
Service non-compliance is declared no more often than once every 12 months. Minor and major penalties are subject to automatic removal after a year (if the penalty has not been executed during this period of time, the decision is cancelled). You can challenge the order within 10 days.
Early removal of the penalty is possible at the request of the unit commander to the command of the unit for his soldier. Removal of an imposed penalty in the Armed Forces is one of the types of incentives.
Appealing a disciplinary order
The right to appeal a decision to impose a disciplinary sanction is granted in the following cases:
- insufficient evidence;
- false accusation;
- discrepancy between the severity of the offense and the announced punishment, when too harsh measures are applied for a minor offense.
The complaint is submitted to the superior commander. In more serious cases - to a military court. Theoretically, every soldier has the right to challenge the decision on punishment. In practice, this works extremely rarely and only among officers.
