Federal Law of the Russian Federation No. 161-FZ: Material responsibility of servicemen

Like civil law, material liability implies compensation for harm. However, in the relations from which it flows, the parties are not equal. The term "liability", as a rule, is considered in the plane of labor interactions between the employer and the employee.

The concept reveals 233 articles of the TC. Normally it is said that the liability of the party to the contract comes for the damage it caused to another participant in the relationship as a result of the wrongful guilty action / inaction. Feature of the article is that it applies to both the employee and the employer. Therefore, it is incorrect to say that punishment can only occur for a subordinate party.

At the same time, military service has its own specifics. For all citizens in the ranks of the Armed Forces, Russia acts as an employer. обладает своими особенностями. Accordingly, the material responsibility of servicemen has its own characteristics. Let us consider them in more detail.

General information

, нанесенный державе, обуславливается необходимостью обеспечивать охрану и сохранение госсобственности. The material responsibility of servicemen for damage to the state is conditioned by the need to ensure the protection and preservation of state property. The procedure and conditions for applying sanctions to the perpetrators are regulated by a special regulatory act. ". He is 161 Federal Law "On the material responsibility of servicemen ." A number of provisions are also present in the normative act regulating the status of these citizens.

Definition

в юридическом смысле рассматривается как возможность возложения на лиц обязанности возместить ими вред, нанесенный имуществу организации, на территории которой они находятся в период пребывания в рядах ВС. The material responsibility of servicemen in the legal sense is regarded as the possibility of imposing on individuals the obligation to compensate them for the harm done to the property of the organization on the territory of which they are in the period of their stay in the ranks of the Armed Forces. Sanctions are made guilty regardless of the application to them of administrative, disciplinary or criminal punishment. The imposition of the obligation to compensate for harm is in the competence of state bodies.

Objectives

ориентирована на формирование у граждан, находящихся в рядах ВС, бережного отношения к имуществу, принадлежащему государству. The material responsibility of servicemen is focused on the formation of cautious attitude to property belonging to the state among citizens in the ranks of the Armed Forces. This socially significant aspect of the behavior of individuals is enshrined in Article 26 of the statutory act regulating the status of subjects. It establishes that the serviceman is obliged to protect the property of the military organization in which he is serving. A similar prescription is also present in the Air Force. осуществляется только в пределах реально причиненного им вреда. Involvement of a serviceman to material liability is carried out only within the limits of the actual damage caused to him.

Subjects

" распространяется на граждан, находящихся на территории в/ч, гарнизонов и прочих аналогичных организаций в процессе исполнения обязанностей в соответствии с УВС ВС, а также лиц, призванных на сборы. FZ "On material responsibility of servicemen " applies to citizens who are on the territory of the military unit, garrisons and other similar organizations in the process of fulfilling their duties in accordance with the Armed Forces of the Armed Forces, as well as persons called to collect. When applying the provisions of the normative act, a number of nuances must be taken into account.

First of all, bringing to responsibility of a material nature is allowed if the damage to the property of the military organization was caused directly due to inaction / actions of the serviceman in the course of performing his official duties. If it arose due to the unlawful behavior of the subject, not in the performance of statutory tasks, civil-law measures are applied to it.

Explanations

The Plenum of the Armed Forces in Decree No. 9 of February 14, 2000, as the condition for material liability, calls harm in the performance of official duties. At the same time, this does not concern the process, when the individual only begins to solve problems. In practice, courts have some difficulties in differentiating circumstances. Not all cases that are established in the Federal Law "On Military Duty and Service", the authorities consider it permissible to refer to the performance of official duties.

For example, it is a question of following a citizen to the place of accomplishment of tasks and back, being in captivity, on treatment, missing absence, etc. In addition, one should take into account that when participating in marches and exercises of ships, while on a business trip, a person has the right to recreation. Accordingly, these days he actually does not fulfill his duties.

Interesting fact

From the above explanations, the following point becomes obvious. Servicemen who harmed the military organization not in the performance of their official duties (for example, while on vacation), compensate it in full in the civil liability procedure. This is realized by providing things of the same quality and the same kind, fixing the damage to the object, compensating for losses.

Conditions of occurrence

" определяет обязательные обстоятельства, при которых к виновному могут применяться санкции. FZ "On the material responsibility of servicemen " determines the mandatory circumstances under which sanctions can be imposed on the perpetrator. This is allowed only if there is real harm, wrongfulness in actions, a causal link between behavior and the harm that has arisen, a proven guilt. These conditions must be met simultaneously.

Real harm

во 2 статье дает определение этому понятию. The law on the liability of servicemen in the second article defines this concept. The real damage is the loss or damage to the property of the organization, the costs that it needs to incur, or the costs of restoring values that have already been realized.

To such damage also carry excessive payments. These include, in particular, the amounts of fines, salaries, cash allowances, transferred to civilian personnel and dismissed military personnel due to improper termination of the contract or delay due to the fault of the command for issuing labor books, as well as funds received in excess of the established amount due to a countable error.

Objects

All types of weapons, military and other equipment, fuel, ammunition, food, engineering, clothing, housing, chemical property, other funds, including money, which are administered by military units, military establishments and Institutions, organizations and enterprises of the Ministry of Defense.

Loss refers to the disposal of an object from the ownership of the owner or user, contrary to their will and will, due to failure to take appropriate measures for its preservation. Damage to property is called causing harm to things, which resulted in loss (partial or complete) of useful properties. From loss, it differs in that it always arises from direct exposure to an object. For example, it can be a fire, destruction, etc. Damage can be caused either intentionally or by negligence.

An Important Moment

When establishing the specific type of real damage inflicted on servicemen, one should take into account that damage and loss of values of certain categories (ammunition, weapons, military equipment), as well as inflicting defects on them due to direct physical influence in case of serious consequences (for example, resulting in a decrease in the fighting efficiency of the unit and Etc.) have signs of criminal offenses. The punishment for them is established by 346-348 articles of the Criminal Code. This, however, does not exclude the possibility of applying material liability to the guilty parties.

Costs

As was stated above, apart from the value of property lost, damaged or destroyed, there are real costs in the cost that the military unit will have to implement or has already made to restore or acquire valuables. For example, they include funds spent on repairs, transportation in excess of the established standards for the provision of troops. Excess payments that have been made at / h can be expressed in:

1. Fines, penalties, fines, compensation for damage under civil law contracts when inflicted on other entities and their property.
2. Cash allowance / salary, transferred to an employee and civilian personnel due to their unlawful dismissal.
3. Compensation for harm to health and life of persons arising in the performance of their duties.

Wines

" допускает применение санкций только при наличии умысла или неосторожности в действиях субъекта. The Law "On the Material Responsibility of Servicemen " allows the application of sanctions only if intent or negligence exists in the actions of the subject. In other words, the wine of the citizen must be established. . The definition of negligence or intent affects the extent to which the servicemen bear financial responsibility . The burden of proving the fact of causing harm and other conditions for the application of punishment is placed on the commanders and commanders.

Exceptions

" не допускает применения наказания к лицам, причинившим ущерб вследствие выполнения приказа начальника или командира, правомерными действиями, связанными с оправданным риском, или в связи с непреодолимой силой. 161-FZ "On the material responsibility of servicemen " does not allow the use of punishment to persons who caused damage due to the execution of the order of the commander or chief, legitimate actions connected with justified risk, or in connection with force majeure. Under the latter understand the events that have occurred regardless of the will of man. For example, it could be a crash in the mountains, flooding, etc.

Justified risk

It takes place if:

• The action was carried out to achieve socially useful goals. For example, it could be a test of a new weapon.
• The set goal could not be achieved by actions that were not risk-related.
• The subject who committed the situation took all appropriate measures to prevent harm.

The risk that is associated with a threat to the health or life of the population, an ecological catastrophe, the commission of actions in the performance of unreasonable decisions for the sake of the realization of the assigned task at any cost will not be considered justified.

Lawful behavior

The actions, which caused damage, but exclude liability, include:

1. Necessary defense.
2. Damage when detaining a criminal.
3. An extreme need.
4. Causing harm due to mental / physical effects. If it excludes the possibility to guide one's behavior and realize the actions.

Harm caused during execution of an order

исключается. In such a situation, the material responsibility of servicemen is excluded. The order of the commander / commander may be lawful or unlawful. However, regardless of this, the serviceman is released from punishment. If the order was unlawful, then sanctions are not applied when, when it was directly executed, the entity did not understand its illegality.

For the resulting damage, the material responsibility will be borne by the commander / commander himself. Meanwhile, a person who intentionally harmed the execution of an unlawful order known to him will be punished on a general basis. This provision is provided for in Article 161-FZ "On the Material Liability of Servicemen".

Classification of punishment

. Norms provide for limited and full material responsibility of servicemen . The latter occurs in cases when the damage is caused:

• The subject who took the property under the report for transportation, storage, use, issue and other purposes.
• Inactivity / action, containing signs of a criminal act.
• As a result of deliberate destruction, theft, damage, misuse, or illegal exploitation of valuables, other illegal behavioral acts, regardless of the presence of the characteristics of the crime in them.
• The subject is in a drunken state. This is a voluntary intake of not only alcohol, but also drugs and toxic substances.
• Deliberate actions that entailed the costs of staying in the health facilities of the citizens affected by them.

Limited liability occurs in case of damage caused by negligence. For example, it may be harm associated with the payment of penalties, fines for simple ships, wagons, cars, violation of the rules of accounting, expenditure, use, storage of property, etc.

Amount of compensation

The amount of material responsibility of servicemen depends on the circumstances under which the harm occurred, the seriousness of the violation. In the event that the actions are committed by negligence, the amount of compensation should not exceed:

1. One, two or three monthly salaries, as well as 1, 2 or 3 monthly bonuses for long service. , а также субъектов, призванных на сборы. According to this rule, the material responsibility of the servicemen under the contract is determined, as well as the subjects called upon to collect.
2. 2 monthly salaries of the monetary maintenance. This amount of punishment is provided for persons who serve on conscription.

Change in foreclosure value

It is allowed by the decision of the commander, coordinated with the superior authorities, as well as in the courts. The change in the amount of recovery is carried out in the direction of reduction. This takes into account the specific circumstances of the incident, the degree of guilt, the property position of the offender.

The amount of recovery is not subject to reduction if the damage is caused as a result of willful damage, destruction, spoilage, theft, illegal use or expenditure of valuables or other unlawful actions, regardless of the presence of signs of a criminal act in them.

Administrative investigation

" определяет порядок применения взысканий к виновным. The federal law "On the material responsibility of servicemen " determines the procedure for applying penalties to those guilty. The administrative investigation is one of the stages. It may not be fulfilled if the reasons for causing harm, as well as its magnitude and the perpetrators of its infliction, are established in the course of verification, revision, investigation or inquiry. только в соответствии с результатами расследования. In other cases, servicemen can be brought to liability only in accordance with the results of the investigation. On their basis, an order is issued or a claim is brought to court.

Objectives of the investigation

It is appointed to determine the causes of harm, its magnitude and the perpetrators of its occurrence. . In the process of investigation, all the conditions under which servicemen bear material responsibility must be established. It is appointed immediately after the direct detection of harm.

The duration of the investigation is not more than a month. If necessary, it can be prolonged no more than 1 month. The results obtained during the procedure should be documented. During the investigation, the following questions should be answered:

• What is the property damage and what is its value in monetary terms?
• What specifically illegal actions led to its occurrence?
• What norms, instructions, statutes, orders were violated by the subject?
• Damage caused by negligence or willful?
• Was the cause of the inaction / action of the subject harmed?
• What is the degree of guilt separately for each person (if there were several)?
• Was the guilty person in the performance of his duties?
• What circumstances contributed to the occurrence of harm?

Extra-judicial order

в соответствии с письменным приказом командира в/ч. To liability, servicemen are involved in accordance with the written order of the commander of the military unit. Punishment is the retention from monetary satisfaction of the amount of damage caused. Such a measure is applied if the amount of damage is not more than 1 month salary of maintenance and 1 st allowance for length of service. Extra-judicial order presupposes a number of measures:

1. After the chief was informed of the damage to the property, he appoints an administrative investigation.
2. The commander issues an order to include the amount of damage in the book on accounting for shortages.
3. The head acquaints the perpetrator with the established amount of harm and the rules for his compensation. At the same time, the soldier is explained the right to compensate for the damage voluntarily.
4. The commander issues an order to recover the established amount by keeping it out of the pecuniary maintenance of the guilty person. The document must be issued within 2 weeks. If during this period the order was not issued, the chief loses the right to bring the serviceman to justice.

Court order

It is applied if the amount of damage is more than one month's salary and the 1st service bonus. The judicial procedure presupposes the execution of a claim. An application for compensation for damage caused by the commander of military units, is filed by a superior. Claims on bringing to responsibility of servicemen and persons discharged from service should be considered by military courts. The deduction from the allowance for the decision taken is carried out in accordance with the execution sheet.

Collection limits

Monthly deductions for compensation of damage caused to servicemen are made according to the general rule of 20% of his monetary allowance. The amount of recovery is 50% of the content, if it is aimed at compensating for harm caused by willful actions, which resulted in expenses for treatment of victims in medical institutions. If other deductions are established from the allowance, established by law, the total amount should not be more than 50% of the amount received by the serviceman.

Additionally

If the person who caused the damage was dismissed from military service and was not brought to justice, the penalty is made in a judicial procedure at the claim of the commander. The amount of salary and monthly allowance is determined on the date of retirement from the ranks of the Armed Forces. When transferring an employee who has been brought to responsibility in another military unit, compensation is made at a new place in accordance with the record in the monetary certificate. If harm to third parties was compensated for in h / h, then it is entitled to recover the amount paid from the guilty party in a regression procedure.

Conclusion

The liability of citizens who were expelled from military educational institutions for failure, unwillingness to study, lack of discipline, refused to conclude contracts for the service, and who had completed their studies and were dismissed before the expiry of their service life, refund the spent budget funds for their Training. This provision is due to the fact that the said persons committed acts that did not cause real harm. Accordingly, they can not apply the rules on the appointment of pecuniary punishment.