The right of the government officials to include their military service period into the term of service
Автор: Moskalyov A.V., Busygin L.I.
Журнал: Вестник Пермского университета. Юридические науки @jurvestnik-psu
Рубрика: Трудовое право и право социального обеспечения
Статья в выпуске: 4 (22), 2013 года.
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The principal attention in the article is given to the problem of the legal understanding of the “government official” category when defining the years of employment of the persons having passed through the military service. The purpose of the article is to evaluate the right of the government official to include the military term period into the years of employment and into the government service period, and count one military service day as two employment days, what is being violated very often. The normative basement for such a right is Item 3 of Article 10 of Federal law ”On the Military Men Status” dd May 27, 1998, # 76-FZ, where it is fixed that the time spent at the contractual military service is included into the employment term and the government service term by profession, and counted as one military service day per one employment day, and when called for the military service (including the officers called for the service in accordance with the Order of the President of the Russian Federation) – one military service day per two days of employment. The modern Russian legislation is analyzed that regulates the relations with the government officials participation. The violations of the rules of defining the general period of employment by the executive bodies of the Russian Federation and the Russian Federation territories’ bodies are described. On the basis of the system analysis of the legislation in force the collisions are analyzed of the bylaws by the President of the Russian Federation and the Russian Federation Government to the federal legislation of the mentioned sphere.
State civil service, military service, law enforcement service, state service principles, state service system, employment term, time in service, government official, calendar calculation of the state service, privileged calculation of the state service
Короткий адрес: https://sciup.org/147202333
IDR: 147202333