For what offenses are military personnel financially responsible? Legislative framework of the Russian Federation. Damage compensation procedure

The financial responsibility of military personnel is assigned to citizens performing compulsory service, contract employees and those called up from the reserves for military training. The question of financial liability arises when military personnel cause damage to state and military property. The determination of the procedure for compensation, the amount of penalty and the perpetrators is regulated by Federal Law No. 161 “On the financial liability of military personnel.” According to the law, liability is removed from a serviceman if the damage was caused as a result of an order from the commander, from independent causes, as a result of the performance of official duty, as defined by the charter.

Regulations on financial liability of military personnel

The current Federal Law No. 161 regulates in detail situations related to material. The peculiarity of the situation is not only the punishment for the damage caused, but also the education of military personnel in the spirit of careful handling of military property. The main provision of the law is an indication of the difference in punishment and compensation for damage, regarding civil law and labor code regulating financial liability enterprise workers.

The provision, justified by Federal Law No. 161, notes special conditions related to the military subject of causing harm, restrictions on compensation for losses, and peculiarities of the consideration of cases. The property relations that resulted in the proceedings may relate directly to the weapons and materiel of the unit, as well as federal property assigned to this unit.

The law defines as unlawful actions of commanders and subordinates those actions that led to theft, failure of entrusted equipment and weapons, violation financial statements. The provision distinguishes between liability for intentionally caused harm and damage caused without criminal intent.
The consequence of unlawful acts is always real damage, which the perpetrator is obliged to compensate if a cause-and-effect relationship between his actions and the resulting losses is proven. Required condition the occurrence of an investigation is the commission of an offense during service, execution official duties. If the event occurred in a different period, then the case is considered under civil law.

Financial liability is considered in two types: limited and full, depending on the severity of the crime. Limited liability is defined as a multiple of the monthly salary, payments are calculated from the salary and the payment period is established. The provisions of the law stipulate all the amounts and possible conditions of the financial burden of the perpetrator. Full compensation for damage is awarded in cases where a serviceman is responsible for the property entrusted to him. If there is a shortage, damage or improper storage that leads to the destruction of the property of a part, the culprit is obliged to compensate the damage in full.

The procedure for bringing military personnel to financial responsibility

When determining the damage caused, the degree of wear and tear of the object according to the latest inventory must be taken into account. Actual losses are calculated taking into account the price of the property at the time the criminal act was discovered. If we are talking about weapons, then the cost of losses is determined by a special commission formed from representatives of the Ministry of Defense and state statistical institutions. After drawing up the report, an inquiry is initiated, conducted by the commander in order to identify the specific culprit.

Bringing military personnel to financial responsibility is carried out through an administrative investigation conducted by the command of the unit. The law allows a month to document the causes, magnitude of losses and identify the culprit of the incident. IN special cases the period is extended, but not more than by a month. If damage is established during a judicial review or during an audit, then an administrative investigation is not carried out.

The law establishes the procedure for compensation for damage. Voluntary repayment within the period established depending on the amount of the penalty serves as the basis for closing the case. Quite often, the culprit is limited to official reprimand or restriction from service. The commander may issue an order for compulsory compensation for damage if its cost is comparable to a month’s wages the culprit.

The third option is judicial review if significant damage has been caused. The statement of claim is filed by the commander who conducted the investigation and compiled documentary evidence. If several military personnel are guilty, then the order of the commander sets the exact amount for each. If he disagrees with the conclusions of the commission or the order of the commander, the guilty person has the right to appeal to a higher military institution, in accordance with the Disciplinary Code of the Armed Forces.

Responsibility of military personnel for theft of weapons

The theft or loss of weapons is described in Art. 226 of the Criminal Code of the Russian Federation, which designates such actions as a method of taking possession or transferring entrusted or military weapons to a third party. Intentional damage, destruction or damage to military equipment, including severe consequences, is regulated by Art. 345-346 of the Criminal Code of the Russian Federation. Grave consequences resulting from the theft of weapons are considered to be the loss of combat readiness of a military unit, disruption of a strategic mission, and causing physical harm to other military personnel. The incident is reviewed by a military court; in cases where the weapon is returned and possible malfunctions are eliminated, this will be a mitigating circumstance when sentencing.

If during the investigation it is proven that negligence in storing and transporting the entrusted weapon or ammunition resulted in the loss of the weapon, then the maximum sentence may be 2 years in prison. If the serviceman did not interfere with the destruction of weapons or ammunition, then he may suffer the same punishment, since he violated the regulations and lost control over official property. The punishment is reduced if the serviceman’s unintentionality is proven, and the weapon is returned and retains its functions. A military court may impose large fines, demotion or early dismissal from the ranks of the RF Armed Forces.

The balance of the armed forces belonging to the Russian Federation includes a considerable amount of diverse equipment and property. They were transferred in accordance with the Federal Law “On Defense” to military formations for use in solving assigned tasks.

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But military equipment and property are the property of the state. The act was issued by the legislator on May 31, 1996 under the number 61-FZ. One of the priority responsibilities of military personnel is the duty to protect national property.

Legal basis

The concept of “material liability of a military personnel” means the obligation established by the legislator for members of the armed forces of all types of formations to cover the damage caused.

In general, issues regarding compensation for damage are addressed by the Federal Law “On the Financial Responsibility of Military Personnel,” published on July 12, 1999 under number .

In accordance with the instructions of the legislator, financial responsibility is assigned to a military personnel if they cause real damage to the property listed on the balance sheet of the military unit.

The act explains the rules regarding the procedure for compensation, the methodology for establishing the amount, and identifying the degree of guilt of an employee of a military unit. It establishes a circle of persons who, for a number of reasons, cannot be held accountable for causing damage.

These include:

execution of command orders;
implementation of reasoned actions;
recognition of risk motives associated with military service;
exposure to a force that cannot be overcome.

The financial liability of military personnel for damage caused to the state depends on the level of ensuring the safety of military equipment, machinery and equipment, state property, which is a national heritage.

At the same time, it constitutes the material basis for the omnipotence of the armed forces, which protect the state from external interference.

In addition to the above act, issues regarding MO are provided for in a number of acts, such as:

Why are they attracted?

Employees military formations can be charged for a property offense they committed.

It is characterized as illegal behavior that results in actual harm. As a rule, it manifests itself in the action or inaction of a serviceman. But they must be documented.

If the damage was caused during the performance of military duties during service, then the serviceman bears responsibility in accordance with the instructions of the above acts.

If the damage was caused at a time when he was not on duty, then the serviceman must respond in accordance with the requirements of the civil legislative acts of the Russian Federation.

For example, in a military unit, ammunition was stolen by civilians with the participation of a serviceman. In the current situation, his fault lies in his active action.

If he did not participate in the theft, but did not take any measures to prevent the theft, then he is prosecuted for inaction.

Real damage means the complete loss of military property due to its destruction or damage, the cost of repair and restoration work or the acquisition of new property.

As for financial resources, the damage lies in expenses that significantly exceed the needs of military units.

These include:

transportation costs spent in excess of the established norm to ensure the deployment of military units;
excessive monetary expenses paid as fines, penalties, penalties, including coverage for damages civil contracts if damage has been caused to the property of third parties.

The complete loss of property means the impossibility of using it as a result of its lack of availability against the will of the owner, or the timely failure to take effective measures to preserve it. For example, the property was stolen, so it is not possible to use it.

Damaged property means rendering it unusable with complete or partial loss of useful qualities. Damage can be caused to property as a result of its destruction or arson.

Full and limited

The concept of “limited liability” means damage that a serviceman caused to property through negligence during the performance of his military duties.

It applies to all military personnel without exception, including persons who entered service on a contract basis.

The financial liability of military personnel under the contract must be compensated depending on the amount of damage they caused.

But it should not exceed the amount of double salary they receive per month of service and bonuses accrued for length of service. At the same time, they can be brought to the Ministry of Defense for the damage caused if their guilt has been revealed.

Full financial liability is a coercive measure involving the recovery of damage caused to military property from the perpetrators.

A serviceman is involved in it if he was accountable to a higher rank for the storage of military property, its transportation, its disposal or use to perform specific command assignments.

They are involved in it if it has been revealed:

action or inaction regarded as a criminal act, which is provided for by the criminal law of the Russian Federation;
deliberate destruction and rendering military equipment unusable;
theft and inappropriate consumption of material resources;
deliberate actions that entailed certain expenses for the treatment of injured persons in medical institutions, including military;
other types of conscious actions or inactions noted in criminal law as illegal.

The responsibilities of the command of military units include the recovery of damages from the perpetrators. They should order an official inquiry in order to identify the extent of the damage caused, establish a causal connection between it and the serviceman’s misconduct, and the degree of his guilt.

If they did not take any measures, then a fine in the amount of one salary of allowance is collected from them. monetary equivalent and a long service bonus assigned for length of service, accrued per month of service.

In accordance with the instructions of legislative acts, guilt can be expressed as:

payment of a fine for forced downtime of vehicles, for example, containers, railway cars;
exaggeration of the volume of work performed;
introduction of taxes and obligatory payments into the state budget with a lag.

Agreement

The direct responsibility of a serviceman is to ensure the safety of the property entrusted to him. He must treat it with care and take timely measures to eliminate the possibility of damage to it. Of course, he must make every effort to ensure that the property entrusted to him is in good condition.

One of the main tasks of the command of a military unit is to create conditions for the normal performance of military duties by military personnel, while ensuring the safety of property.

Otherwise, the command will not be able to recover from him the damage caused to property, or he will only be able to compensate for a certain part.

The measures taken by the command must be reflected in the contract so that unforeseen situations do not arise later. A military unit employee must be familiar with the list of property entrusted to him and the conditions for its maintenance in proper form.

It is necessary to make a note in the contract regarding the non-disclosure of information about weapons to military personnel.

He must promptly notify the command of the troops about the malfunction of the military equipment with which the serviceman carries out his service. If damage has been caused, then he should be assisted in the official investigation.

The command must include in the contract the rights and obligations of the parties, methods of compensation for damage, and the circumstances that forced its signing. It must be signed by the interested parties and must be marked with the date of its signing. The agreement is sealed with the seal of the military unit.

Order on bringing military personnel to financial liability

As a rule, the command of a military unit issues an order according to which the serviceman is called to account for the damage he has caused.

In the current situation, certain amounts are withheld from his allowance. But the command can do this if the amount of damage does not exceed one monthly salary of a serviceman.

The order is subject to publication from the date:

completion of the internal investigation;
obtaining a decision from a judicial authority;
providing materials to verify the existence of damage.

According to generally accepted rules, a claim for the recovery of damages caused by him to a judicial authority must be filed by the commander of a military unit.

A serviceman has the right to appeal the order of his commander by filing a report with a higher authority or a judicial authority.

During the trial, deduction continues from him, through which damages are compensated. If the judicial authority acquits the serviceman, then all deductions withheld from him will be returned to him.

Order

The command has the opportunity to hold a serviceman accountable by order if the amount of damage caused does not exceed the amount of the official salary and bonus established for length of service.

Otherwise, the procedure for involvement in the Ministry of Defense should be carried out exclusively in judicial procedure. The sequence of the procedure for attracting a military personnel to the Defense Ministry is approved by the requirements of the above acts.

According to them, the command needs to:

conduct an administrative investigation;
establish the amount of damage in monetary terms;
recover damages from a serviceman by exercising control over the execution of an order or resolution of a judicial authority.

As a rule, a period of one month is allotted for conducting an official investigation, which can be extended if new circumstances of the case arise.

During its course, the identity of the guilty person, the reason for his offense, and the degree of the act are established. The investigation may not be carried out if the specified details were established during the legal battle.

The amount of damage must be established on the basis of irreparable losses incurred by the military unit. The calculations take into account market prices that operate in its location.

To carry out calculations of the cost of damage, a government agencies special commission. As a rule, the cost is calculated taking into account the degree of depreciation of the property.

It is in accordance with the standards that are relevant on the day when the damage was discovered. But in any situation, the amount of damage must be proportionate to the value of the damaged property in order to bring charges.

If several military personnel are guilty of causing damage, then the amount of damage should be divided among all, depending on the type of financial responsibility assigned to each. A certain portion of the loss is recovered from each guilty person, taking into account the degree of his misconduct.

To establish the amount of deductions, it is necessary to use in the calculations the official salary, the bonus accrued for length of service on the day the order is issued or the ruling of the judicial authority is made. Damage is recovered on the basis of an order issued by the commander of a military unit.

Big enough. The main provisions are contained in the structure-forming federal law “On the financial responsibility of military personnel,” which is supplemented by some by-laws. The law lists the conditions for the occurrence, amount and procedure for compensation of damage caused to property in federal ownership or on the balance of a military unit.

This law clarifies the following concepts:

A military unit is a military institution in which Russian military personnel undergo military service.
Commanders are the heads of the military forces and other structural units and their deputies.
The property of a military unit is weapons, equipment, ammunition, food and other types of property that are state-owned and assigned to the unit.
Real damage is damage or loss of property of a military unit, expenses for returning it to its original condition or acquiring it to replace lost property, as well as dubious financial transactions carried out by institutions of the military structure.
Loss of property is its removal from the owner’s possession against his will or desire, for example, due to theft.
Damage to property - causing harm resulting in the complete or partial loss of its useful properties.

According to the Federal Law, financial liability arises due to misconduct or inaction resulting in damage to the state.

Liability means compensation for damage caused, regardless of the imposition of disciplinary, administrative or criminal punishment.

The offensive is possible if the following conditions are met:

direct damage or loss of property;
direct relationship between the damage caused and the unlawful actions of the serviceman;
proven guilt of the offender;
performance of official duties at the time of committing illegal actions.

For example, if during his service a serviceman, together with civilians, committed the theft of a set of ammunition, his guilt consists of committing unlawful actions. But if the serviceman did not directly participate in the theft, but knew about the impending crime and did not take appropriate measures, his fault is inaction.

Types of financial liability

Limited

Limited financial liability implies partial compensation for damage caused in amounts not exceeding the limits established by law. The unit of measurement for limited liability is one month's salary, taking into account the long service bonus, if any.

According to judicial practice, most often limited liability arises as a result of:

damage to federal property due to negligence (for example, buildings, military equipment, ammunition, etc.);
excessive payments made to return damaged property to its original condition.

Full

The full financial responsibility of a serviceman lies in his obligation to compensate for the damage caused. in full.

It occurs in the following cases:

damage was caused to property transferred under accounting for storage or other purposes;
the actions (inaction) of the guilty person contain elements of a crime;
the unlawful actions of the perpetrator were premeditated;
as a result of deliberate actions, harm was caused to other military personnel, which became the reason for their treatment in health institutions;
at the time of causing the damage, the perpetrator was intoxicated.

The procedure for bringing the perpetrators to financial responsibility

If the amount of damage caused does not exceed the amount of the monthly official salary, taking into account, then its collection is carried out on the basis of an order from the head of the military unit. In other cases, the procedure is carried out exclusively through the court. The sequence of actions is determined legislative acts; Briefly it looks like this:

conducting an administrative investigation;
calculation of damage caused in monetary terms;
recovery of damages from a military serviceman on the basis of a court order or resolution.

The administrative investigation must be completed after a month from the date of the offense, however, if new circumstances of its commission are discovered, the period may be extended. Based on the results of the investigation, the identity of the culprit, his motive and the degree of guilt are established.

If all aspects have been identified through the legal process, no investigation is required.

If an offense is committed by a group of persons, then the amount of damage caused by each of them is determined on the basis of the type of responsibility assigned and the degree of his misconduct.

Limited liability implies withholding no more than 20% of the monthly salary, full - 50%.

If the serviceman disagrees with the decision to collect

According to the law, a serviceman has the right to appeal an order for compensation for damage caused, but this does not cancel the penalty cash from his salary.

If the court finds this order unlawful, the collected funds from the serviceman will be returned.

In addition, a person found guilty of causing damage may appeal against only about his compensation, but also the materials of the administrative investigation, as well as both at the same time. In this case, the serviceman must submit a complaint to the Military Court.

If, at the time of filing a complaint, a serviceman acts as a defendant in a case for the recovery of material damage in a district court, this proceeding should be suspended until the complaint is considered, since it has prejudicial significance.

Judicial practice

The commander of the military unit appealed to the garrison military court with a demand to recover from former serviceman N. material damage in the amount of 170,000 rubles.

In the statement, the plaintiff indicated that the defendant neglected his job responsibilities in relation to checking the readiness for operation and serviceability of the equipment entrusted to him vehicle, resulting in a fire.

The court refused to satisfy these demands on the basis that the plaintiff did not provide sufficient evidence of improper performance by military man N. of his direct duties.

According to statement of claim, Private B. dealt junior lieutenant K. one punch in the stomach, which resulted in a ruptured liver with extensive hemorrhage into the abdominal cavity, i.e. caused serious harm to health. As a result, the victim was hospitalized; treatment costs amounted to 70,000 rubles.

The military prosecutor in the claim asks to find Private B. guilty of causing grievous bodily harm and to recover from him compensation in the amount of 70,000 rubles spent on the treatment of the victim K.

Court claims satisfied, since the costs of treatment for junior lieutenant K. arose due to the deliberate actions of Private B., whose actions contained signs of a deliberate crime.

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The property that is on the balance of the armed forces belongs to the Russian Federation and is carefully protected by law. Therefore, everyone who carries military service in our country, it is necessary to carefully study Federal law RF dated July 12, 1999 No. 161-FZ “On the financial liability of military personnel,” which establishes the obligation of military personnel to compensate for damage caused under various circumstances.

Regulatory framework

Financial liability of military personnel is measures of a property nature provided for by law, applied to military personnel who have caused real material damage to a military unit. Its scope and procedure for application are regulated by the following legal acts:

Federal Law No. 76-FZ of May 27, 1998 “On the status of military personnel”;
Federal Law of July 12, 1999 No. 161-FZ “On the financial liability of military personnel”;
Federal Law of March 28, 1998 No. 53-FZ “On Military Service and Military Duty”;
Military Charter of the Armed Forces of the Russian Federation.

The legislator also focuses on the fact that the obligation to compensate for damage is assigned to the military only if he caused it during his performance. If he committed an offense when he was not fulfilling his direct duties (for example, he was on vacation), then his liability will be regulated in the general manner Civil Code of the Russian Federation.

Conditions of attack

The Federal Law “On the Financial Responsibility of Military Personnel” establishes that the military only compensates for actual damage caused as a result of their culpable unlawful behavior.

In this case, real damage is understood as:

destruction or damage to military property (all types of weapons, ammunition, military equipment, clothing, buildings, structures, securities and money, other property that is in federal ownership and assigned to a military unit);
expenses for repair and restoration work or acquisition of new property;
unnecessary expenses incurred by the military unit. Such expenses, for example, should include expenses for repairing damaged property, as well as transportation costs in excess of those provided for by the material support system for troops. Also included in this category are fines and penalties that had to be paid to third parties.

In this case, the serviceman is exempt from paying compensation if the damage was caused:

by order of management;
as a result of force majeure circumstances (natural disasters, military operations, fire, mountain collapse, etc.);
as a result of justified official risk.

Financial responsibility is aimed at developing in a serviceman a careful attitude towards property belonging to the military unit. This thesis is continued in the Federal Law “On the Status of Military Personnel” and the charter. Among other things, these documents establish the obligation to take care of military property, wear clothes and shoes with care, have weapons in good working order, cleaned and ready for battle, etc.

Articles 4 and 5 of Law No. 161-FZ distinguish two types of financial liability: limited and full. Let's look at each of them.

Full responsibility

Article 5 of the Law establishes that a serviceman must compensate for the damage caused in full if at least one of the following circumstances is present:

Property that was transferred for reporting for storage, transportation or other purposes was lost or damaged. In this case, the transfer of property must be clearly recorded by drawing up one of the primary documents.
The property was destroyed or damaged as a result of actions that constitute a crime (for example, theft).
There is intentional destruction, damage, or consumption of property, regardless of whether the actions constitute a crime under Criminal Code of the Russian Federation. For example, theft can be committed for an insignificant amount, which means that, due to the insignificance of the act, according to the Criminal Code of the Russian Federation, it is not regarded as a criminal offense.
The damage was caused by a serviceman who was under the influence of alcohol, toxic or drugs. This rule does not apply to cases where intoxication occurred as a result of the careless actions of the serviceman himself, force majeure or violent actions of other persons.
There have been culpable actions that have resulted in the need to pay for the treatment of third parties.

It is worth noting that the statute of limitations for bringing to financial responsibility is three years from the moment of discovery of the damage caused, and it must be compensated regardless of whether the perpetrator was brought to criminal, administrative or disciplinary liability.

Limited liability

In all other cases, when the damage was caused by negligence or unaccountable property, the military man will bear partial financial liability. Moreover, the amount of compensation will vary depending on whether he is a conscript or serving under a contract.

Thus, in accordance with paragraph 1 of Article 4 of Law No. 161-FZ, the limited financial liability of military personnel under a contract cannot exceed one monthly salary and a bonus for length of service. For those who serve by conscription, the maximum amount of compensation should not exceed two monthly salaries. An exception to this rule is the case provided for in Part 2 of Article 4 of the Law. Thus, contract military personnel are responsible for the downtime of containers, vehicles or other vessels, as a result of which fines were imposed on the military unit. They may be charged two salaries and two monthly bonuses for length of service.

Limited financial liability is established for:

damage caused by negligence during the performance of military service duties. Carelessness can be in the form of frivolity, when a person foresees the onset of negative consequences, but arrogantly expects to prevent them due to his capabilities, skills, professional abilities and character traits (which are unreasonable). Another form of negligence is negligence, which is expressed in the fact that the serviceman does not foresee the occurrence of negative consequences, although he should have due to his duties;
unlawful actions of a commander who illegally dismissed a person from military service or carried out a transfer or unjustified appointment to a position. For this, up to three monthly salaries and allowances can be deducted from his salary;
guilty actions of a commander who did not take the necessary measures to protect property or did not prevent theft. In this case, the maximum deduction from the salary is no more than one salary and a bonus for length of service.

Let's consider a common case of illegal bringing to materiel liability - often the military is required to compensate for damage or loss of material property (for example, a military uniform). This issue is discussed in detail in the Decree of the Government of the Russian Federation No. 390 dated June 22, 2006, which states that if the loss or damage of the received clothing was not due to the fault of a serviceman, then he must be issued a new uniform. If the loss or damage occurred through his fault, then he is not given a new uniform, but simply one suitable for wear. In this case, the demand for any monetary compensation should be regarded as extortion, which is a criminal offense in accordance with Article 163 of the Criminal Code of the Russian Federation.

Procedure for attraction

In situations where the law requires payment of compensation in full, financial liability is brought through the court on the basis of a claim by the unit commander. In the case of limited liability, compensation is deducted from the monthly salary of the serviceman based on the order of the unit commander. However, before obliging a military man to pay, the following procedure must be followed:

1. After identifying the fact of causing damage, the commander of a military unit is obliged to order an administrative investigation (by order or orally), as a result of which it should be established:

what is the material damage and what is its monetary value;
what wrong actions caused this damage;
what laws and established rules were violated;
in what form the damage was caused;
degree of guilt;
whether the culprit was on duty;
what circumstances contributed to the damage.

An investigation must be ordered immediately and completed within one month from the date of discovery of the damage. To conduct it, an officer is appointed who documents the results of the inspection in writing.

2. Based on the results of the investigation, the commander makes a decision, which is announced in the order of the military unit. This document defines the measures that must be taken to restore the damage caused, protect the rights and interests of the state and the military unit, and prevent further violations. The commander's decision may also contain a refusal to apply financial liability measures with the attribution of the amount of damage at the expense of the state if there are grounds for releasing the serviceman from liability.

3. An order for compensation for damage caused must be issued within two days after the completion of the administrative investigation and provided for review to the military personnel (against signature). At the same time, his attention should be drawn to the need to comply with the order within seven days.

4. If a serviceman does not agree with the order, he can challenge it by contacting a higher official or in court.

Legislation of the Russian Federation on financial liability of military personnel

According to the Federal Law of the Russian Federation “On the Status of Military Personnel,” military personnel, depending on the nature and severity of the offense committed, bear disciplinary, administrative, material, civil and criminal liability. For material damage caused to the state during the performance of military service duties, they are held liable in accordance with Federal Law of the Russian Federation No. 161-FZ of July 19, 1999. “On the financial responsibility of military personnel.”

Historical experience of financial liability of military personnel in Russia

The history of the institution of financial responsibility for military personnel goes back to ancient times. A warrior who lost weapons or military ammunition was severely punished with rods, and also significantly limited in civil rights. Mercenary troops served with their own weapons, military equipment and horses. For their loss or sale, disciplinary penalties were applied in the form of deduction from salary. These measures were a prerequisite for the emergence of the institution of financial responsibility for military personnel and ensured the safety of weapons and military ammunition.

The formation of the institution of financial responsibility of military personnel in its modern understanding, both in our country and in the countries of Western Europe, dates back to the 17th - 18th centuries. During this period, property sanctions are introduced for damage or loss of weapons and military ammunition. IN Russian Empire The establishment of the institution of material responsibility is associated with the formation of a regular army. Peter I introduced financial liability for military personnel, which was combined with corporal punishment.

Material responsibility for “damage, loss, waste” of weapons and military ammunition was borne by lower-ranking military personnel; the noble service class was not held financially responsible. The legal regulation of material liability was initially regulated by the Military Article.

In the 19th century legal regulation The material liability of military personnel was regulated by the Military Charter on Punishments, the Disciplinary Charter, and the Military Judicial Charter. Regulatory data legal acts supplemented by corresponding orders for the military department of the Russian Empire. By the end of the 19th century. Corporal punishment of military personnel for “damage, loss, squandering of weapons and military ammunition” ceases and exclusively measures of financial responsibility begin to be applied. The grounds for material liability, as well as constructive signs of an offense that may entail the application of measures of material liability, receive their normative reinforcement. Thus, such features as guilt, wrongfulness of the act, and the cause-and-effect relationship between the act and the resulting consequence in the form of causing material damage to military property are consolidated. Formed at the end of the 19th century. The regime of financial liability for military personnel lasted until 1918.

The formation of the Workers' and Peasants' Red Army required new administrative and legal regulation of military service, as well as the creation of a regime of financial liability for military personnel. The procedure for regulating material liability in the 20s of the 20th century. was determined by the acts of the Revolutionary Military Council (RMC), the Council of People's Commissars (SNK), and the All-Russian Central Executive Committee (VTsIK).

Such regulation was unstable and significantly violated the rights of military personnel held liable. In the 30s - 40s of the XX century. In the Red Army, two procedures for compensation for material damage are introduced - administrative and judicial.

Appearance administrative order compensation for material damage required the introduction of an administrative investigation. During the Great Patriotic War, the regime of financial liability, due to objective reasons, was quite strict.

In the 60s - 80s of the XX century. V Soviet army two provisions are adopted on the financial liability of military personnel, which established the administrative and legal mechanism for bringing military personnel to financial responsibility and execution decisions made. It should be noted that the provision on financial liability of military personnel also extended to employees of internal affairs bodies.
It was canceled in 1999 due to the entry into legal force of the Federal Law of the Russian Federation “On the financial responsibility of military personnel.”

Legislation of the Russian Federation on financial liability of military personnel

The financial liability of military personnel is regulated both by the general norms of the legislation of the Russian Federation and special rules military law operating in the sphere of military-service relations.

The financial liability of military personnel is property measures provided for by the legislation on material liability, applied to those who caused real material damage to the military unit.

The regime of financial liability of military personnel is not established by norms labor law, as for most workers and government employees, but the norms administrative law. This provision has a rather long history and is due to the fact that military service as a special type civil service is associated with a special risk for persons who perform this type of public service, as well as the fact that military service is carried out in a specific area of management - in the field of state defense.

Revealing the specifics of the financial responsibility of military personnel, it should be noted that involvement in this type legal liability does not relieve the serviceman from other types of legal liability.

This feature of material liability in general, and the material liability of military personnel in particular, is that the sanctions of material liability, like civil liability, are of a legal-restorative and educational nature.

These circumstances bring together the above types of legal liability. However, there are fundamental differences between the named types of legal liability, which leave their mark on their nature and content.

Material and disciplinary liability Military personnel are united by the fact that the named types of legal liability are realized in the process of military service. The differences between these types of legal liability of military personnel lie in the sanctions applied and the grounds for holding them accountable. These aspects are fundamental in differentiating various types legal liability of military personnel.

The consequence of a property violation is real damage. In accordance with the law, it consists of: a) loss or damage to the property of a military unit; b) in expenses that the military unit has made or must make to restore or acquire lost or damaged property; c) in excess cash payments made by the military
part.

The loss of property is understood as its removal from the possession of a military unit without the will of the owner or user, due to the failure to take effective measures to preserve it. Property can be lost, for example, if it is stolen or lost.

Damage within the meaning of the law is expressed in the complete or partial rendering of the property of a military unit unfit for use for its intended purpose through direct influence on it by the perpetrator. An example of property damage is, for example, its destruction as a result of an explosion.

Real damage includes, in addition to the cost of lost or damaged property, also the costs of restoration, acquisition of lost or damaged property, which the military unit has made or should make. These include, in particular, the costs of repairing damaged property.

Damage may also consist of excessive monetary payments made by the military unit, in the form of fines, penalties, penalties, compensation for damage under civil contracts, etc.

Losses are understood as expenses that a person whose right has been violated has made or will have to make to restore the violated right, loss or damage to his property (real damage), as well as lost income that this person would have received under normal conditions of civil circulation if his right was not violated (lost profits).

Damage caused to the person or property of a citizen or legal entity, is subject to compensation in full by the person who caused the harm.

The property of a military unit in the law means all types of weapons, military equipment, ammunition, fuels and lubricants, fuel, food, clothing and other types of military property, buildings, structures, money and securities, other material assets that are federal property and assigned behind the military unit.

It is not allowed to hold military personnel financially liable for damage caused as a result of the execution of the order of the commander (superior), as well as as a result of lawful actions, justified official risk, or force majeure.

The legislation of the Russian Federation provides commanders (chiefs) with special powers to bring military personnel to legal liability and provides special conditions for their implementation.

The Federal Law on the financial liability of military personnel in a number of cases differentiates liability depending on how military service is carried out by conscription or contract. For certain offenses, only commanders (chiefs) of military units, their deputies, commanders (chiefs) of structural units of military units and their deputies are held accountable.

Reinforcing the provision that compensation for damages is made regardless of the involvement of the military personnel in disciplinary, administrative, or criminal liability for actions (inaction) that caused damage (Article 8), this law then specifies that a military serviceman can voluntarily fully or partially compensate for the damage caused in monetary form. The basis for the financial liability of military personnel is an offense called in the legal literature a property offense, i.e. a guilty, unlawful act of military personnel that caused real damage to the property of a military unit, for which financial liability is provided.

Features of financial liability of military personnel

The financial liability of military personnel arises for causing damage to the state during the performance of military service duties and consists of full or partial compensation for the material damage caused. The performance of certain duties in the service involves a certain risk of causing damage to the state. Limits of liability have been established that are consistent with the financial support of the guilty person (in contrast to civil liability, where property damage, as a rule, is subject to full restoration).

The basis for the financial liability of a serviceman is a misdemeanor, which, in terms of the degree of its danger, can be equated to an administrative offense or a disciplinary offense.

Compensation for damage is made regardless of whether the serviceman is brought to disciplinary, administrative or criminal liability for actions (inaction) that caused the damage.

In the event that the serviceman who caused the damage is dismissed from military service and was not held financially liable, the recovery of damages from him is carried out by the court based on a claim brought by the commander (chief) of the military unit.

Military legislation, depending on the amount of damage to be compensated, distinguishes between two types of financial liability of military personnel: limited and full.

Limited liability. This type material liability consists of the obligation of a military serviceman to compensate for actual damage, but not in excess of the limit established by law, expressed as a multiple of the monthly salary and the amount of one monthly bonus for length of service.

There are four types (limits) of limited financial liability: a) no more than one monthly salary and one monthly bonus for length of service; b) no more than two monthly salaries; c) no more than two monthly salaries and two monthly bonuses for length of service; d) no more than three monthly salaries and three monthly bonuses for length of service.

Financial liability in the amount of damage caused, but not more than one month's salary and one month's bonus for length of service, occurs in cases of damage to a military unit as a result of:

Careless actions (inaction) of military personnel performing military service under a contract while performing military service duties;

Violations by commanders (chiefs) in their orders (instructions) of the established procedure for accounting, storage, use, expenditure, transportation of property;

Failure of commanders (superiors) to take the necessary measures to prevent theft, destruction, damage, damage to property, excessive cash payments;

Failure of commanders (superiors) to take the necessary measures to compensate the perpetrators for the damage caused to the military unit.

Limited financial liability in the amount of damage caused, but not more than two monthly salaries, is provided for military personnel undergoing conscription service in cases of damage to a military unit as a result of careless actions (inaction).

Liability in the amount of damage caused, but not more than two monthly salaries and two monthly bonuses for length of service, occurs for military personnel serving under a contract in cases of damage to a military unit as a result of the military unit paying fines for idle time of containers, wagons, ships and cars, overestimation of the volume of work performed, untimely payment of taxes and other obligatory payments to the relevant budgets.

Financial liability in the amount of damage caused, but not more than three monthly salaries and three monthly bonuses for length of service, is established for commanders (chiefs) of military units for damage to a military unit caused by excessive monetary payments as a result of:

Illegal dismissal of a military personnel (civilian personnel) from military service (work);

Illegal appointment of a military personnel (civilian personnel) to a position not provided for by the state ( staffing table) military unit, or for a position paid higher than the actual position held.

Full financial responsibility of military personnel. This type of financial liability consists of the duty of the military personnel to compensate in full for the damage caused through his fault, regardless of any limit. It occurs in cases where damage is caused:

A military serviceman to whom the property was transferred under accountability for storage, transportation, issue, use and other purposes;

Actions (inaction) of a serviceman containing elements of a crime provided for by the criminal legislation of the Russian Federation;

As a result of theft, intentional destruction, damage, spoilage, illegal expenditure or use of property or other intentional actions (inaction), regardless of whether they contain elements of a crime provided for by the criminal legislation of the Russian Federation;

Deliberate actions of military personnel that entailed costs for treatment in military medical institutions and health care institutions for military personnel injured as a result of these actions;

Military personnel who voluntarily brought themselves into a state of drug, toxic or alcohol intoxication.

When determining the amount of damage caused by general rule the following are taken into account: a) actual losses - based on records of property of the military unit and based on the prices in force in the area on the day the damage was discovered (prices for weapons, military equipment, ammunition, and other property centrally supplied to military units are determined by authorized state bodies); b) the degree of deterioration of the property according to the standards established for the discovery of damage, but not lower than the cost of scrap (scrap) of this property.

In Art. 6 of the Federal Law “On the Financial Responsibility of Military Personnel” also establishes other rules for determining the amount of damage caused (clauses 3-6).

If damage is discovered, the commander (chief) of a military unit is obliged to order an administrative investigation to establish the causes of the damage, its extent and the perpetrators.
The administrative investigation must be completed within a month from the date of discovery of the damage (this period can be extended, but not more than one month). The results of the administrative investigation are documented in writing with the relevant documents attached. Materials from administrative investigations are compiled into separate files and stored in accordance with the rules for organizing office work in a military unit. In the process of conducting an administrative investigation, a report or other document is drawn up, on the basis of which the administrative investigation is carried out. It bears the resolution of the commander (chief) to order an administrative investigation. Explanations are attached to the materials of the internal investigation officials, witnesses, etc.; a certificate from the financial authority regarding the monetary amount of damage caused, taking into account the application of the relevant coefficients; in case of damage to health - a medical report on the nature and extent of bodily injury; resolution to refuse to initiate criminal proceedings; the conclusion of the person who conducted the investigation, indicating the conditions, reasons, nature of the violations and recommendations to the command for bringing disciplinary and (or) material liability and other materials.

At the end of the administrative investigation, a conclusion is drawn up from the officer who conducted the investigation, all circumstances identified during the investigation are noted, and proposals are prepared for making an appropriate decision. This conclusion is drawn up in the name of the commander (chief) and must have three components: introductory, descriptive and operative.

If the causes of damage, its amount and the perpetrators are established by a court or as a result of an audit, inspection, inquiry or investigation, an administrative investigation may not be carried out.

The Federal Law “On the Financial Responsibility of Military Personnel” provides for three types of damage compensation procedures:

a) voluntary. A serviceman may voluntarily fully or partially compensate for the damage caused in cash;

b) by order of the commander (chief) of a military unit. Compensation for damage, the amount of which does not exceed one monthly salary of a military personnel and one monthly bonus for length of service, is made by order of the commander (chief) of a military unit by deductions from the salary of the person who caused the damage;

c) judicial. The issue of compensation for damage, the amount of which exceeds one monthly salary of a military serviceman and one monthly bonus for length of service, is decided by the court upon the claim of the commander (chief) of a military unit.

Monthly monetary deductions to compensate for damage caused to military personnel are made, as a rule, in the amount of 20% of the monthly salary. In a number of cases specified in the Law on Financial Responsibility of Military Personnel, the amount of deductions may be 50% of the monthly salary.

The legislation limits the total amount of all monetary deductions to 50% of the monthly salary of military personnel, if other monetary deductions are made from the military personnel’s salary as provided for by the legislation of the Russian Federation. Their order is determined by the legislation of the Russian Federation.

In the introductory speech, the leader of the classes needs to focus on the relevance of the topic being studied and note the importance of increasing the legal literacy of military personnel.

When considering the first question, emphasis should be placed on the concepts of material responsibility as important principles for maintaining the constant combat readiness of troops, law and order and strong military discipline.

In the course of presenting the second question, it is advisable for the leader of the lesson to draw the attention of students to the current problems of improving discipline and law and order in their unit, to reveal the essence and features of bringing to financial responsibility military personnel serving under contract and conscription.

In conclusion, it should be noted that the financial responsibility of military personnel is of particular importance in matters of ensuring the combat effectiveness and combat readiness of the Armed Forces of the Russian Federation. Summarize the lesson and draw brief conclusions. Answer questions from students and give recommendations for conducting classes.

2. Federal Law of the Russian Federation N8161 -FZ of July 19, 1999 “On the financial liability of military personnel.”

4. General military regulations of the Armed Forces of the Russian Federation.

Colonel
Victor Osipovich
scientific editor of ORIENTIR magazine, Aram Khachatryan