IF YOUR CITIZENSHIP HAS CHANGED

All my relatives live in Ukraine (mother, father, grandmother, wife, sisters) and are its citizens. Do I have the right to take Ukrainian citizenship and resign (terminate my contract with the Armed Forces of the Russian Federation) for family reasons, or at least transfer to a direct replacement? Are there any legislative documents on this issue, and how should I act in this situation?

Sincerely, Senior Lieutenant Alexander Nikitin.

Kamenskoye settlement, Kamchatka region

The answer to this question is contained in Federal Law No. 53-FZ of March 28, 1998 on Conscription and Military Service. In accordance with Article 2 of this Law, military service means a special type of public service, which, in accordance with the current legislation, can only be performed by citizens of the Russian Federation.

Thus, if, in accordance with the established procedure, you express a desire to renounce your Russian citizenship and accept Ukrainian citizenship, this circumstance will automatically exclude your further contract service in the Russian Armed Forces.

In accordance with clause 3 of Article 6 of the Constitution of the Russian Federation, " a citizen of the Russian Federation may not be deprived of his or her citizenship or the right to change it." The procedure for renouncing citizenship of the Russian Federation is stipulated by the Law of the RSFSR "On Citizenship of the RSFSR" No. 1948-1 of 28.11.1991, with subsequent amendments and additions. Proceedings on citizenship cases are described in chapter 6 of this Law.

THE LAW IS ON YOUR SIDE

I am serving in the Trans-Baikal Military District. When the unit in which he served was disbanded, he transferred to the district military commissariat, and the family stayed in the city, in an apartment received from the Ministry of Defense.

In the neighborhood, I rent an apartment and pay for it out of my own pocket. You also have to pay for an old apartment on general terms. The command has not been able to allocate an apartment in the area to replace the old one (where the family lives) for two years now.

Please tell me if I have the right to receive compensation for sub-renting housing for myself alone in this case. When I contacted the team, this was denied to me.

Major A. DERYUGOV.

Kabansk village, Republic of Buryatia

In accordance with clause 4 of Article 15 of the Federal Law" On the Status of Military Personnel "No. 76-FZ of 27.05.1998," to military personnel undergoing military service under a contract, owning individual residential buildings (apartments) or being members of housing and construction (housing) cooperatives, as well as to military personnel who, in accordance with federal laws, are responsible for: laws and other normative legal acts of the Russian Federation preserve residential premises at the place of residence until entering military service, or reserve residential premises when transferring to a new place of military service in another locality, and provide service residential premises or dormitories together with their family members living with them for the period of military service in this locality. In the absence of these living quarters, the commander of the military unit acts in accordance with paragraph 3 of this Article."

And it provides for the obligation of commanders, if it is impossible to provide a serviceman with an office space or a hostel, to make monthly payments to compensate for the costs of a serviceman for subleasing a living space for themselves.

The order of the Minister of Defense No. 331 of 1.10.1994 "On the amount of monetary compensation to military personnel for the rental (sublease) of residential premises"defines the procedure for payment of compensation to a serviceman for sublease of housing.

As follows from your letter, you were refused compensation, as well as not provided with official housing or a hostel at your new place of service. In this regard, you can apply to the military court at your place of service with a complaint about the illegal actions of the military commissar, whose refusal infringes on your legal rights and interests. The reference in Article 15 (4) of the above-mentioned Law to members of their families living together with military personnel undergoing military service under a contract is made in order to emphasize that their right should also be taken into account when allocating service housing to a serviceman.

MILITARY INSURANCE COMPANY PRAVA

In December 1997, I was declared fit for military service with minor restrictions after contracting tuberculosis. In the conclusion of the VVC, it is recorded that the disease was received during military service. I do not have a disability group, and at the moment I continue to serve.

According to the order of the Minister of Defense of the Russian Federation No. 246 of 6.05.1993, I do not fall under item 19 "b" and "d". The military insurance company claims that I am not entitled to receive the sum insured. Now, if, they say, I broke my arm or finger (which will heal in 3 weeks), this is a different conversation, and the fact that I was treated for a year, they do not care.

Also, in the order of the Ministry of Defense of the Russian Federation No. 246 of 6.05.1993, there is no list of diseases.

Please tell me if I was given the correct answer, and if not, what to do, and where to contact. Sincerely, Captain A. BLAGIN.

Krasnoyarsk.

In accordance with Article 4 of Federal Law No. 52-FZ of March 28, 1998 "On Compulsory State life and Health insurance of Military Personnel, citizens Called up for military training, Ordinary and Commanding Personnel of Internal Affairs Bodies of the Russian Federation and Employees of Federal Tax Police Bodies", which entered into force on July 1, 1998, in your situation, an insured event that allows you to pay out insurance amounts for mandatory state personal insurance has not occurred.

Due to the fact that as a result of your illness, you have not been assigned a disability group, you have not received injuries (injuries), you have not been dismissed from military service, but you continue to serve, then indeed in this case the Military Insurance Company quite reasonably refused to make these payments.

We add that military medical commissions in their activities are guided, among other things, by this Federal Law, as well as by the RF Ministry of Health No. 246 "On mandatory state personal Insurance and the procedure for paying lump-sum benefits to military personnel, citizens called up for military training, and members of their families" (in which, with the adoption of the new Law, there will obviously be changes were made), and therefore the hospital's VVC is required to issue you a certificate of the established sample of the transferred illness, injury or injury.

THE FEDERAL LAW GUARANTEES

On 16.03.1996, the Government of the Russian Federation adopted Resolution No. 280 "On additional measures to strengthen the social protection of military personnel, ordinary and commanding personnel of internal affairs bodies and the Tax Police". On the basis of this resolution, the order of the Minister of Defense of the Russian Federation No. 160 of 29.04.1996 established a monthly supplement to the monetary allowance from the estimated pension in the amount, depending on the length of service, which must be paid from 01.07.1996.

My length of service in calendar terms today is 21 years and 7 months. Thus, I am entitled to a monthly allowance of 30 percent of my estimated pension. I serve in the military construction unit of the Special Construction Agency of Russia under the Government of the Russian Federation in Izhevsk.

The above-mentioned allowance is not charged to me, nor to other officers and ensigns in our unit and is not siphoned off. On this issue, I applied to the higher headquarters with a written report and received a negative answer.

Major A. LYSTSEV.

Izhevsk

The response of the higher command to your request is not legitimate.

In accordance with clause 7 of Article 13 of the Federal Law" On the Status of Military Personnel "No. 76-FZ of May 27, 1998," military personnel who are entitled to a long-service pension are paid a monthly supplement in the amount of 25 percent of the pension that could have been assigned to them. The amount of the specified allowance is increased by three percent for each year in excess of the established minimum length of service that gives the right to receive a pension, but not more than up to 50 percent of the pension that could have been assigned to military personnel."

This monthly allowance is an integral part of a serviceman's salary, its payment is guaranteed by Federal Law, and the only thing that can affect its payment is only the length of service (or length of service) that entitles him to receive a "pension allowance". The very fact that a citizen (officer) performs military service under a contract already entitles him to receive this allowance. Military service as a member of military formations under federal executive bodies, in particular the Special Construction Agency of Russia, provided for by federal law, implies the extension of the entire package of legislation on the status of military personnel to military personnel of these formations.

THE LAW HAS NOT BEEN VIOLATED

My question concerns not only me, but the entire officer corps of the Ministry of Internal Affairs. In the internal troops, the order of the GUK BB No. 187 of 23.06.1998 was read out. This order, in particular, cancels the previous Order No. 220 and several directives on the procedure for placing military personnel transferred to a new duty station in the housing queue.

This means that any officer who does not have housing at the former place of service and is registered, when transferred to another unit, becomes registered again. According to the date of arrival in the new unit (the date of submission of the report in the new unit). This order puts officers in an unequal position with other contract servicemen.

The fact is that for 12 years of my service, I practically did not encounter contract soldiers or ensigns being transferred from one unit to another. And this is understandable: their growth in positions is limited, and they will receive titles in their own position, or at least in another position, but in their own military unit. With officers, the situation is different.

Please give a legal assessment of this order.

Senior Lieutenant O. BOITSOV, platoon commander.

Lipetsk city

Military personnel of the internal troops of the Ministry of Internal Affairs of the Russian Federation have the same status as military personnel of the Armed Forces of the Russian Federation, providing for equal benefits, guarantees and compensation, as well as almost the same procedure for their implementation. This also applies to the procedure for putting military personnel on the waiting list for housing or improving their living conditions.

Order of the Minister of Defense of the USSR No. 285 " On measures to further improve the provision of living space in the SA and Navy "(with subsequent amendments and additions) provides for the operation of housing commissions. The analysis of this document allows us to conclude that the housing commission of a particular military unit sets the order in which military personnel receive living space, taking into account the individual rights of each serviceman provided for by current legislation, and the time when he is included in the queue for housing. Therefore, when transferring a serviceman to a new place of service, the possibility of including him in the waiting lists, taking into account the time spent in the queue for housing at the previous place of service, is excluded.

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