Case No. 35 Copy

SOLUTION

IN THE NAME OF THE RUSSIAN FEDERATION

Bryansk Garrison Military Court consisting of:

presiding judge - judge N.Yu. Zaitseva, with secretary I.A. Astakhova, with the participation of the applicant<данные изъяты>Kosova E.A., representative of the commander of the military unit<данные изъяты>Stulova M.N., having considered in open court in the premises of a military court a civil case at the request of a serviceman of a military unit<данные изъяты>Kosova E.A. on challenging the actions and decisions of the commander of a military unit<данные изъяты>associated with bringing him to disciplinary liability and deprivation of monetary payments, -

installed:

Kosov is undergoing military service under a contract in military unit No. in position<данные изъяты>

By order of the commander of the military unit No. dated December 5, 2011 No. 1078, he was brought to disciplinary liability and imposed disciplinary action"severe reprimand"

By orders of the said commander dated December 20, 2011 No. 1134, dated December 23, 2011 No. 1150 and No. 1158, dated January 24, 2012 No. 45 for absence from service without good reasons For more than four hours, Kosov was deprived of the following payments:

Awards for exemplary performance of military duty for the 4th quarter of 2011;

One-time monetary remuneration based on the results of 2011;

Additional financial incentives, provided for by order of the Ministry of Defense of the Russian Federation No. 1010, for the 4th quarter of 2011;

Awards for conscientious and effective performance job responsibilities for January 2012.

By orders of the same commander dated December 23, 2011 No. 1157 and February 24, 2012 No. 170, the applicant was deprived of additional financial incentives for the 3rd quarter of 2011 by 50%, a bonus for conscientious and effective performance of official duties for February 2012, respectively.

Believing his rights had been violated, Kosov asked the court:

Declare illegal the actions and decisions of the commander of military unit No. related to the issuance of order No. 1078 dated December 5, 2011 imposing a disciplinary sanction on him, and oblige the specified official to cancel it;

Oblige the commander of military unit No. to pay him additional financial incentives, provided for by Order of the Ministry of Defense of the Russian Federation of July 26, 2010 No. 1010, for the 3rd and 4th quarters of 2011 in the amount of 100%;

A bonus for the exemplary performance of military duty for the 4th quarter of 2011, a bonus for the performance of military duty for January and February 2012, as well as a one-time cash reward based on the results of 2011 - in full:

To recover compensation in the amount of 1 million rubles from the said commander in compensation for the moral damage caused to him.

In addition, Kosov asks the court to punish those responsible who prevented him from going to court.

At the court hearing, the applicant Kosov supported his claims and made it clear that he was indeed at home on December 2, 2011 and did not go to work throughout the day because he was not feeling well. The next day, during the trial, he explained to the command that he did not arrive for service due to his unwillingness to do it in<данные изъяты>, which he indicated in his resignation report dated September 11, 2011, in which he also asked to be sent to the VVK.

After submitting his resignation report, he was removed from performing his main official duties, the place where he would perform his military service duties was not determined, and since on December 2, 2011 he was at home, in the residential area of ​​the military camp, and did not leave the territory of the military unit, therefore, he did not commit a disciplinary offense;

On December 3, 2011, when familiarizing himself with the draft order imposing a disciplinary sanction on him, he expressed his disagreement with it, but officials in this regard did not hold a conversation with him, and an officer’s meeting and meeting were also not held on this fact certification commission;

A copy of the protocol on gross disciplinary misconduct indicates that he did not arrive for military service on December 2, 2011 and withdrew from performing official duties, and in the order of the commander of the military unit No. dated December 5, 2011 No. 1078, he was severely reprimanded for absence from service without for valid reasons for more than 4 hours, that is, for another offense.

The applicant also indicated that on March 11, 2012, officials of the military unit illegally prohibited him from traveling outside the military camp in Bryansk to submit an application to the Bryansk Garrison Military Court.

At the court hearing, the representative of the commander of military unit No. Stulova did not recognize the applicant’s demands and testified that the disciplinary sanction was imposed on the applicant lawfully, since during December 2, 2011, Kosov was absent from service and did not arrive at the construction of the military unit, which are provided for by the regulations of service time, with the place where they were held on the parade ground in front of the administrative building, that is, he committed a gross disciplinary offense. In connection with this, the next day a trial was held on this fact, as a result of which Kosov explained that he did not arrive for duty due to his reluctance to continue it in the future. The applicant was familiarized with the draft of the contested order on December 3, 2011, and signed the approval sheet.

As for the difference in the wording of the basis for bringing Kosovo to disciplinary liability, according to the representative, in the order the commander gave a more clear wording, corresponding to the wording set out in the Disciplinary Charter of the RF Armed Forces, which does not indicate that Kosovo committed any other disciplinary offense.

Stulova also explained that Kosov was not removed from shift management and performance of official duties, however, due to the fact that military personnel must undergo medical checkup to obtain admission to<данные изъяты>, the head of the department decided to terminate such access for him, since in his dismissal report Kosov expressed a request to undergo an IHC. At the same time, according to the established regulations, Kosov had to comply with the daily work schedule valid for all military personnel.

Regarding the involvement of Kosovo in housekeeping work, then the representative of the commander of the military unit explained that according to the plan for conducting educational and methodological classes, Kosov, like other military personnel of military unit No., was involved in such work as<данные изъяты>in the performance of his general military service duties.

In connection with the existing disciplinary sanction, Kosov, according to the representative of the commander of the military unit, was rightfully deprived of all incentive payments specified by him.

The representative further explained that on March 11, 2012, Kosovo was prohibited from leaving due to educational and methodological classes being conducted in the unit, in which the applicant was involved. Moreover,<данные изъяты>petitioned the unit commander for permission to leave Kosovo for the city of Bryansk to file an application with the court on March 12, 2012.

In addition, Stulova pointed out that Kosov missed fixed time filing an application with the court, in connection with which, requests to apply Art. 256 of the Code of Civil Procedure of the Russian Federation, since the applicant became aware of the violation of his rights in connection with the issuance of the contested order no later than December 5, 2011.

Having heard the explanations of the parties and examined the evidence presented, the military court comes to the following conclusions.

In accordance with Art. 256 of the Code of Civil Procedure of the Russian Federation, a serviceman has the right to apply to a military court to challenge decisions, actions (inaction) of a military command body or commander (chief) of a military unit within three months from the day he became aware of a violation of his rights and freedoms. The reasons for missing this deadline may be grounds for refusing to satisfy the application, and these reasons are clarified by the court regardless of whether there are statements about missing the deadline from the persons participating in the case or not, since the case arose from public legal relations.

As the applicant explained at the court hearing, on December 3, 2011, he was familiarized with the draft of the contested order, no one introduced him to the contents of the order itself, and he learned about the final decision of the commander only on the 20th of December 2011 from a conversation with his colleague after that , as I did not receive incentive payments.

Since no evidence indicating that the applicant became aware of the issuance of an order imposing a disciplinary sanction no later than December 5, 2011, was not presented to the court and this is not discernible from the case materials, the court comes to the conclusion that the applicant did not miss the deadline for filing an application to challenge the legality of this order, since his application was registered in the court’s incoming correspondence book on March 13, 2012.

The court established that Kosov is serving in military unit No.<данные изъяты> <данные изъяты>On September 11, 2011, he submitted a report on his dismissal from military service due to at will with a request to send the VVK for examination, which is confirmed by a copy of the applicant’s specified report.

Evidence demonstrating the exemption of Kosovo from the performance of official or general duties of military service in accordance with the established procedure, was not presented to the court.

On December 2, 2011, Kosov was absent from service due to his reluctance to do military service in<данные изъяты>, did not arrive at the formation of the military unit during the specified day, violating the regulations on duty time. After the investigation into gross disciplinary misconduct, by order of the commander of military unit No. 1078 dated December 5, 2011, the applicant was severely reprimanded “for absence from duty without good reason for more than 4 hours.”

These circumstances are not refuted by the applicant himself, and are also confirmed:

Service record and a copy of the applicant’s service card;

Materials of the official investigation with explanations, reports and the conclusion of the head of the department<данные изъяты>Timofeev, as well as a protocol on gross disciplinary misconduct;

An extract from the order of the commander of the military unit No. dated DD.MM.YYYY No.;

Appendix No. to the order of the commander of the military unit No. dated DD.MM.YYYY No. “Regulations of service time for military personnel serving under a contract for winter period training for the 2011-2012 academic year."

At the same time, the applicant did not provide evidence of valid reasons for not going to work; on the contrary, as can be seen from the materials of the proceedings, Kosov did not arrive for service due to his unwillingness to do it.

According to Article 28 Federal Law RF “On the status of military personnel” for offenses related to violation of military discipline or public order, military personnel bear disciplinary liability on the grounds and in the manner determined by general military regulations.

Articles 80 and 81 of the Disciplinary Charter of the Armed Forces of the Russian Federation establish that only those disciplinary sanctions that are determined by the Disciplinary Charter and correspond to the military rank of the serviceman and the disciplinary authority of the commander (chief) who makes the decision to bring the offender to disciplinary liability can be applied to a military personnel who has committed a disciplinary offense. .

The decision by the commander (superior) to apply a disciplinary sanction to a subordinate serviceman is preceded by a trial.

The proceedings are carried out in order to identify the perpetrators, identify the causes and conditions that contributed to the commission of a disciplinary offense.

The proceedings, as a rule, are conducted by the immediate commander (superior) of the serviceman who committed the disciplinary offense, or by another person appointed by one of the direct commanders (superiors).

Based on Article 28.5 of the Federal Law of May 27, 1998 No. 76-FZ “On the Status of Military Personnel” and Appendix No. 7 to the Disciplinary Charter of the Armed Forces of the Russian Federation, approved by Decree of the President of the Russian Federation of November 10, 2007 No. 1495, a gross disciplinary offense includes the absence of a military personnel, undergoing military service under a contract, in a military unit or a place of military service established outside a military unit, without good reason, for more than four hours in a row during the established daily service time.

According to Article 37 of the Federal Law of March 28, 1998 No. 53-FZ (as amended on December 8, 2011) “On Military Duty and Military Service,” a serviceman is considered to be performing military service duties, among others, including in cases of performance of official duties, and also being on the territory of a military unit during official duty hours established by the daily routine or at other times if this is caused by official necessity.

As can be seen from the meaning of the above provisions of the law, the absence of a military serviceman undergoing military service under a contract in a military unit or a place of military service established outside a military unit without good reason is understood as not being at the place of performance of military service duties. Since for military personnel undergoing military service under a contract, military service is a professional service activity and the implementation of the constitutional right to work, the legislator defined their absence from the place of performance of military service duties without good reason for more than four hours in a row during the established daily service time as a gross disciplinary offense .

The daily routine and regulations of service time are established by the commander of a military unit or formation, taking into account the type of Armed Forces Russian Federation and type of troops, tasks facing the military unit.

Given such data, the court comes to the conclusion on the legality of order No. 1087 dated December 5, 2011, issued by the commander of military unit No., since the fact of the applicant’s absence from service and his failure to fulfill official and general duties of military personnel without good reason has been fully proven.

The applicant's arguments in support of the illegality of imposing a disciplinary sanction on him do not affect the above conclusion of the court, due to their inconsistency and groundlessness.

Thus, the fact that before the announcement of the penalty there was no conversation with the applicant, an officer meeting and a meeting of the certification commission on this issue cannot serve as evidence of a violation of the procedure for applying a disciplinary sanction to him as not based on the law.

The fact that on December 2, 2011, the applicant was at home and did not leave the territory of the residential area of ​​the military camp, as well as the presence in the contested order of a different formulation of the disciplinary offense committed than in the protocol on gross disciplinary offense does not change the essence and circumstances of its commission established by the proceedings.

The applicant’s subjective opinion that after submitting his dismissal report he was removed from his official duties was not confirmed at the court hearing. The fact that the applicant’s access to the premises of the 1st group of danger class was terminated cannot indicate his removal from official duties, as well as from the performance of general military service duties.

As can be seen from the materials of the case, Kosov, as a serviceman who has a disciplinary sanction for committing a gross disciplinary offense, was deprived of a bonus for exemplary performance of military duty for the 4th quarter of 2011 and a one-time monetary reward based on the results of 2011,

These circumstances are confirmed by extracts from the orders of the commander of military unit No. dated December 20, 2011 No. 1134 and dated December 23, 2011 No. 1150.

According to Article 13 of the Federal Law “On the Status of Military Personnel”, which was in force at the time of the emergence of controversial legal relations, military personnel undergoing military service under a contract, conscientiously performing the duties of military service, are paid a bonus for exemplary performance of military duty in the manner determined by the Government of the Russian Federation, as well as for conscientious performance duties of military service, the same military personnel at the end of the calendar year, by decision of the commander of the military unit, may be paid a one-time monetary remuneration in the manner determined by the Ministry of Defense of the Russian Federation.

The procedure for providing monetary allowances to military personnel of the Armed Forces of the Russian Federation, approved by order of the Minister of Defense of the Russian Federation dated June 30, 2006 No. 200, determines that the bonus is paid based on the order of the commander of a military unit in the following amounts: for military personnel undergoing military service under a contract... - three cash salaries maintenance per year... (clause 204). Payment of a bonus in the amount of one-fourth of the established annual norms is made quarterly simultaneously with the payment of salary for the month following the expired quarter (clause 205). Decisions on payment of bonuses, deprivation or reduction of its size are made by the relevant commanders (chiefs) on the basis of reports from immediate commanders (chiefs) submitted to the command at the end of the first, second and third quarters and at the end of November with requests for payment of bonuses to subordinate military personnel. In reports with petitions to reduce or deprive military personnel of bonuses, they indicate the specific reasons that served as the basis for such a petition (paragraph 209). Commanders (chiefs) have the right to reduce the size of bonuses for military personnel under their command, or to deprive them of bonuses completely for omissions in service and violations of military discipline. At the same time, the order of the relevant commander (chief) indicates specific reasons for the reduction (deprivation) of the bonus (clause 210).

As follows from Article 5 of the Instruction on individual payments to military personnel and members of their families (Appendix to Order of the Ministry of Defense of the Russian Federation dated August 27, 2000 No. 450), decisions on payment of bonuses, deprivation or reduction of its size are made by the relevant commanders (chiefs), and according to paragraph 6 Rules for the payment of bonuses to military personnel undergoing military service under a contract for exemplary performance of military duty, set out in the annex to the Decree of the Government of the Russian Federation of July 14, 2000 No. 524, commanders (chiefs) have the right to deprive military personnel under their subordination of bonuses in full for omissions service and violation of military discipline, about which an order is issued.

In accordance with the explanations of the resolution of the Plenum of the Supreme Court of the Russian Federation dated February 14, 2000 No. 9 (clause 16), payment of a one-time monetary remuneration is made by decision of the commander (chief) only to military personnel undergoing military service under a contract and conscientiously performing the duties of military service.

Considering that the applicant committed a gross disciplinary offense on December 2, 2011, which was expressed in absence from service without good reason and self-exclusion from performing any (official, functional) duties of military service due to his unwillingness to undergo it, the court comes to the conclusion on the validity of the deprivation and non-payment of a one-time monetary remuneration to the applicant based on the results of 2011 and quarterly bonus for the 4th quarter of 2011.

In accordance with Decree of the Government of the Russian Federation of December 5, 2011 No. 993 “On the payment of bonuses to military personnel for the conscientious and effective performance of official duties and annual financial assistance,” the size of the bonus depends on the quality and efficiency of the performance of official duties by military personnel. The procedure for its payment is established by the Minister of Defense of the Russian Federation, namely: by order of the Minister of Defense of the Russian Federation dated June 30, 2006 No. 200, which determines that commanders (chiefs) have the right to reduce the size of the bonus to military personnel under their command, or to deprive them of the bonus completely for omissions from service and violations of military discipline.

Additional material incentives are paid on the basis of the Procedure for determining and spending the volume of budget funds allocated for additional payments to military personnel serving under a contract and bonuses to civilian personnel of the Armed Forces of the Russian Federation, approved by Order of the Minister of Defense of the Russian Federation dated July 26, 2010 No. 1010 (hereinafter referred to as - Order).

According to paragraph 7 of the Procedure, the specific amounts of additional material incentives are determined within the volume of budget funds allocated for these purposes, based on the results of the performance of official duties by military personnel and civilian personnel during the period for which additional material incentives are provided.

Based on paragraph 6 of the Procedure, orders for the payment of additional material incentives to military personnel and civilian personnel are issued on the basis of reports submitted by immediate commanders (chiefs, managers).

According to paragraph 11 of the Procedure, military personnel who have received a disciplinary sanction for gross disciplinary offenses committed during the period for which the additional payment is made, as well as those who have unsatisfactory results in professional (commander) and physical training, are not eligible for additional financial incentives.

Thus, this payment, as well as payment for the conscientious and effective performance of official duties, which is not part of the salary of military personnel, is of an incentive nature, paid from the availability of limits Money and is established by the commander (chief) based on the performance of official duties by military personnel.

As can be seen from the case materials, on the basis of a report from the applicant’s immediate superior dated December 21, 2011, Kosovo, by order of the commander of military unit No. dated December 23, 2011 No. 1157, established the payment of additional financial incentives for the 3rd quarter of 2011 in the amount of 50,000 rubles, and on the basis of the order The commander of military unit No. dated December 23, 2011 No. 1158 in the 4th quarter of Kosovo was deprived of this payment as a serviceman who had a disciplinary sanction for committing a gross disciplinary offense.

By extracts from the orders of the commander of military unit No. dated January 24, 2012 No. 45 and dated February 24, 2012 No. 170, the applicant was deprived of a bonus for conscientious and effective performance of official duties for January and February 2012, respectively.

According to the explanations contained in paragraph 25 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated February 10, 2009 No. 2 “On the practice of courts considering cases challenging decisions, actions (inaction) of bodies state power, local government bodies, officials, state and municipal employees" in the case when the adoption or non-acceptance of a decision, the commission or non-commitment of an action by virtue of a law or other regulatory legal act is at the discretion of the body or person whose decision, action (inaction) is being challenged, the court has no right to assess the appropriateness of such a decision or action (inaction).

The totality of the above circumstances allows the court to conclude that, since the fact that Kosovo committed a gross disciplinary offense has been fully proven, and the official acted within the limits of his authority, defined current legislation, then there is no violation of the applicant’s rights, and therefore, it recognizes his application regarding the deprivation of these payments as also unfounded.

As for Kosovo’s demand to punish those responsible who prevented him from going to court, this demand is not subject to consideration in civil proceedings. Moreover, this fact was not confirmed at the court hearing, which is confirmed by a copy of the applicant’s report with the resolutions of the superiors superimposed on it.

Considering the applicant's demands for compensation for moral damage, the court finds them not subject to satisfaction.

According to Article 151 of the Civil Code of the Russian Federation, if a citizen is caused moral harm (physical or moral suffering) by actions that violate his personal non-property rights or encroach on others belonging to the citizen intangible benefits, as well as in other cases provided for by law, the court may impose on the offender the obligation of monetary compensation for the specified damage.

The applicant associates such a penalty with the imposition of a disciplinary sanction on him and the deprivation of additional payments in connection with this.

Since the decisions of the official whose actions are being challenged were recognized by the court as legal, and Kosovo’s statement as unfounded, claims for compensation for moral damage associated with the contested decisions cannot be satisfied.

No other evidence confirming that the above-mentioned circumstances caused moral or physical suffering to the applicant was presented to the court.

Based on the above, guided by art. Art. 194-199, 258 Code of Civil Procedure of the Russian Federation, court, -

decided:

In satisfaction of the application of Kosov E.A. to challenge the actions and decisions of the commander of military unit No. related to bringing him to disciplinary liability and deprivation of monetary payments - refuse

An appeal against the decision may be filed with the Moscow District Military Court through the Bryansk Garrison Military Court within a month from the date the court made the decision in final form.

The presiding judge in the case, N.Yu. Zaitseva

Secretary of the court session I.A. Astakhova

paid in established amount in the manner determined by orders of the relevant ministries or regulations on bonuses or relevant local regulations (relevant for non-state enterprises). About the payment procedure bonuses for conscientious performance of official duties (hereinafter also referred to as DISO) For military personnel, police officers and other employees, you will learn from the article below.

Who can expect to receive monthly bonuses for DISO?

According to Part 21 of Art. 2 of the Law “On Pay...” dated November 7, 2011 No. 306-FZ, for the effective and conscientious performance of official duties by military personnel, they are paid a bonus in the amount of up to 3 salaries (per year). Bonus payments for DISO are due to persons undergoing military service under a contract, including those who serve in the rescue military formations of the Ministry of Emergency Situations of Russia (clause 77 of the procedure, approved by order of the Ministry of Emergency Situations dated December 7, 2012 No. 751).

Also, bonus payments for DISO, in accordance with Part 12 of Art. 2 laws “On social guarantees..." dated July 19, 2011 No. 247-FZ, are relied upon by employees of internal affairs bodies. The amount of bonus payments is 3 salaries per year.

Non-state enterprises can also pay bonuses of this kind if this is provided for by the terms of the collective agreement, provisions on bonuses or other local regulations (Part 1 of Article 129 of the Labor Code of Russia).

Who is not entitled to monthly bonuses for conscientious work?

According to clause 6 of the rules, approved. By government decree “On the payment of bonuses to military personnel...” dated December 5, 2011 No. 993 (hereinafter referred to as the Rules), bonus payments for DISO are not paid to military personnel who:

• serve in units where other bonus systems are established for exceeding the assignments received;
• were sent outside the Russian Federation to perform their duties, including technical assistance;
• are at the disposal of superiors;
• dismissed from military service due to deprivation of military rank, entry into force of a court verdict, expulsion from an educational institution for poor performance/indiscipline, failure to fulfill the terms of the contract, violation of a ban, failure to pass a test.

For police officers who are temporarily suspended from performing official duties, bonus payments are not made when their boss issues a corresponding order (clause 31 of the procedure, approved by order of the Ministry of Internal Affairs dated January 31, 2013 No. 65). By order of the manager, employees who have received disciplinary sanctions such as a severe reprimand, demotion, warning that there is incomplete official compliance, bonus payments for conscientious work are not made within 1 month from the date of prosecution, in accordance with clause 32 the above order. In addition, bonus payments for DISO, according to clause 33 of this procedure, are not due to employees in the month of their dismissal if they were dismissed for violation of discipline, contract, failure to comply with prohibitions established by law, loss of trust, forgery, committing a disgraceful offense, etc. P.

Don't know your rights?

Peculiarities of calculating and paying bonuses for DISO to military personnel

Monthly bonus payments for conscientious performance of duties to persons undergoing military service are made simultaneously with the issuance of monetary allowance for the month following the period for which the bonus was accrued. In this case, the bonus for December is paid in December (clause 2 of the Rules).

The calculation of bonus payments for DISO is made based on the size of the military’s monthly salary on the 1st day of the month for which the bonus is calculated, according to the assigned rank and position held. In the event of the death of a person who served in military service, the due bonus payments, in accordance with clause 7 of the Rules, are issued to the spouse or adult children, guardians, dependents or parents living with him.

Based on clause 79 of the order, approved. By order of the Ministry of Defense dated December 30, 2011 No. 2700, bonus payments for DISO are made in the following amounts:

1. Contract servicemen - up to 25% of their salary.
2. For cadets:

• excellent students - up to 25%,
• those receiving good grades - up to 15%,
• those receiving satisfactory grades - up to 5%.

Military personnel who served less than a month, bonus payments for conscientious performance of duties are made for the time of their actual performance, taking into account the amount of the salary established on the day the decision on the bonus was made (clause 81 of the procedure, approved by order No. 2700).

Peculiarities of calculating and paying bonuses for DISO to police officers

For employees of internal affairs bodies, bonus payments for conscientious service are made monthly in the amount of 25% of the salary established on the 1st day of the month for which bonuses are paid (clause 26 of the procedure for providing monetary compensation, approved by order of the Ministry of Internal Affairs dated January 31, 2013 No. 65).

The bonus for DISO is also paid to those who are placed at the disposal of management (clause 30 of the order, approved by order No. 65). On the accrual of bonus payments to them, a corresponding order is issued by the head of the Ministry of Internal Affairs; the calculation is made based on the actual volume of duties performed by employees.

When calculating bonus payments for an incomplete month, the number of days of performing service duties is taken into account (clause 27). In addition, the billing period includes time (clause 28):

• being on vacation while maintaining allowance expressed in monetary terms;
• training;
• exemption from duties due to illness.

To calculate the amount of bonus payments for DISO for 1 day, it is necessary to divide the monthly premium amount, determined in accordance with clause 26, by the number of calendar days of the month for which it is paid (clause 29).

So, bonus payments for conscientious performance of duties are made monthly to contract military personnel, cadets, as well as police officers. Maximum size bonus payments for DISO are 25% of the monthly salary on the 1st day of the month for which the bonus is paid. In addition, monthly bonuses for conscientious work can also be established at non-state enterprises - their size and terms of payment depend on the provisions of the relevant local acts of the employer.

To the Ulan-Ude Garrison Military Court

Administrative plaintiff: Ivanov Ivan Ivanovich

Date and place of birth. Address of place of residence or location (in full). Phone numbers, fax numbers, email addresses. mail.

Administrative respondent: The official whose actions are being appealed:

Commander of military unit 00000

Address: ___________________________

Administrative claim

on challenging the actions of officials related to the non-payment of bonuses for the conscientious and effective performance of official duties for the period from___________ to _____________

I________________________________________________ am doing military service

(military rank, full name)

under contract in military unit No. __________.

In accordance with the Federal Law of the Russian Federation “On monetary allowances for military personnel” and Decree of the Government of the Russian Federation of December 5, 2011 No. 993 “On the payment of bonuses to military personnel for the conscientious and effective performance of official duties and annual financial assistance,” I am entitled to a monthly payment of a bonus for conscientious and effective performance of official duties.

However, the said bonus for the period from _______ to _______ was not paid to me. At the same time, I did not have any disciplinary sanctions or other omissions from my service.

I believe that the actions of officials - the Commander of the Eastern Military District and the commander of military unit No. ___________ related to the failure to pay me a bonus for the conscientious and effective performance of official duties for the period from ______ to ______ violate my rights and are therefore unlawful.

(The following is information about whether a complaint was submitted to a higher authority in the order of subordination or to a person higher in the order of subordination on the same subject specified in the administrative statement of claim filed. If such a complaint was filed, the date of its filing and the result of its consideration are indicated.

Information about the impossibility of attaching to the administrative statement of claim any documents specified in Part 1 of Art. 126 CAS RF, namely:

Notices of delivery or other documents confirming delivery to other persons participating in the case, sent in accordance with Part 7 of Art. 125 CAS RF copies of the administrative statement of claim and documents attached to it, which they do not have;

Documents confirming the payment of the state duty in the prescribed manner and amount, or the right to receive a benefit in the payment of the state duty, or a request for a deferment, installment plan, or a reduction in the amount of the state duty, with the attachment of documents indicating the existence of grounds for this;

Documents confirming the circumstances on which the administrative plaintiff bases his claims;

Powers of attorney or other documents certifying the powers of the representative of the administrative plaintiff, documents confirming that the representative has a higher legal education, if the administrative claim was filed by the representative;

Documents containing information about the complaint filed in the order of subordination and the results of its consideration, provided that such a complaint was filed.)

1. Recognize the actions of the Commander of the Eastern Military District and the commander of military unit No. __________ related to the failure to pay me a monthly bonus for the conscientious and effective performance of official duties for the period from ______ to ______ as unlawful.

2. Oblige the Commander of the Eastern Military District to issue an order to pay me a monthly bonus for the conscientious and effective performance of official duties for the period from ____________ to _____________

3. Collect from ________________________________________________________________

(indicate the name of the body paying the salary)

in my favor, legal costs associated with the payment of state fees in the amount of ___________________________________________________________________.

Applications:

1. Copies of the administrative statement of claim and documents attached to it according to the number of persons participating in the case (if there is no notice or other document confirming their delivery to these persons).

2. A document confirming payment of the state duty or the right to receive benefits for its payment, or which is the basis for deferment, installment payment of the state duty or reduction in its amount.

4. Other documents confirming the circumstances on which the administrative plaintiff bases his claims regarding the number of persons participating in the case (if there is no notice or other document confirming their delivery to these persons).

5. A power of attorney or other document certifying the powers of the representative of the administrative plaintiff, a document confirming that the representative has a higher legal education, if the administrative claim was filed by the representative.

"__"_______20__year __________ ____________________

(signature) (signature decryption)

A bonus for conscientious and effective performance of official duties (hereinafter referred to as the bonus) is paid to military personnel performing military service under a contract (hereinafter referred to as military personnel) in the amount of up to 3 monthly salaries of a military personnel (hereinafter referred to as salary salary) per year.

64. The bonus is paid monthly. Payment of the bonus is made simultaneously with the payment of salary for the current month.

65. The bonus is calculated based on the monthly salary of the military personnel in accordance with the assigned military rank and a monthly salary in accordance with the military position held (in the case of temporary performance of duties in a vacant military position - a monthly salary in accordance with this military position), established on the 1st day of the month for which the bonus is paid.

66. The bonus is paid based on the order of the commander of the military unit in the following amounts:

a) for military personnel performing military service under a contract - up to 25 percent of their salary per month;

b) cadets and military students educational institutions vocational education, depending on the results of the past examination session or entrance exams:

• those with only excellent grades - up to 25 percent of their salary per month;
• having only good and excellent grades - up to 15 percent of salary per month;
• those with satisfactory grades - up to 5 percent of salary per month.
• The specific amount of the bonus is determined based on the results of the performance of official duties by military personnel during the period for which the bonus is paid.

67. For military personnel who have served for less than a full month, a bonus is paid for the time of actual performance of duties in a military position based on salaries on the day the decision to pay the bonus was made.

68. The bonus is not paid to military personnel:

• undergoing military service in military units (organizations), where, in accordance with federal laws and other regulatory legal acts The Russian Federation has established a bonus system for them for fulfilling and exceeding production targets and other indicators;
• sent outside the territory of the Russian Federation to provide technical assistance and perform other duties;
• during the period of being at the disposal of commanders (chiefs), with the exception of periods of temporary performance by them of duties in vacant military positions;
• dismissed from military service on the grounds specified in paragraphs 1-5, 7-11 of part 4 of article 3 of the Federal Law “On the monetary allowance of military personnel and the provision of individual payments to them.”

69. Military personnel are not eligible for bonuses:

• having a disciplinary sanction for committed disciplinary offenses;
• having unsatisfactory results in professional (commander) and (or) physical training;
• who committed, during the period for which the bonus was paid, violations in the financial, economic and economic activity that caused damage to the Armed Forces and are reflected in audit reports (checks of individual issues) of financial, economic and business activities.

70. In the event of the death of a military personnel, the bonus accrued during the actual performance of his duties in a military position in the corresponding month (quarter) is paid to his spouse, in her (his) absence - to adult children living with him, legal representatives (guardians, trustees) or adoptive parents of minor children (disabled from childhood - regardless of age) and dependents of a military serviceman, in equal shares, or parents in equal shares, if the serviceman was not married and had no children.