The Russian Federation Federal law No. 161-FZ: Material liability of servicemen

As the civil law liability presupposes compensation for damages. However, the relationship from which it arises, the parties are not equal. The term "liability" generally viewed in the plane of labor interactions between the employer and employee.

The Concept reveals 233 article TK. The rule says that the liability of the parties to the contract incurred for damage caused by it to another participant relationship as a result of guilty illegal actions/inaction. Feature article is that it applies to employee and employer. So, to say that punishment can occur only for the subordinate part, false.

Along with this military service has its specificity. For all citizens, including in the armed forces, as the employer is Russia. Accordingly, mMaterialna the responsibility of military Has its own characteristics. Take a closer look.

General information

Material liability of servicemen for damage applied power, is determined by the necessity to ensure the protection and preservation of government property. The procedure and conditions of sanctions for the guilty are regulated by special normative act. It is 161 Federal law "On the material responsibility of military". A number of provisions present in legal act regulating the status of these citizens.

Definition

Material liability of servicemen in the legal sense is regarded as the possibility of imposing on the parties the obligation to reimburse the damage they caused to the property of the organization, on whose territory they are in a period of stay in the armed forces. Sanctions are imputed guilty, regardless of the application of administrative, disciplinary or criminal punishment. The obligation to redress is within the competence of government agencies.

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Purpose

Material liability of servicemen is oriented to the formation of citizens who are in the armed forces, respect for the property belonging to the state. This socially significant aspect of the conduct of persons enshrined in article 26 of the regulation governing the status of subjects. It found that the military is obliged to protect the property of the military organization in which serving. A similar requirement is present in the UVS of the sun. The financial responsibility of the soldier is carried out only to the extent actually caused them harm.

Subjects

FZ "On the material responsibility of military" distributed to the citizens in the territory in/h, garrisons and other similar organizations in the process of execution of duties in accordance with the UVS of the sun, and also of individuals, aimed at gathering. In applying the provisions of the act should take into account a number of nuances.

First and foremost, the prosecution of a material nature shall be allowed if damage to the property of the military organization was caused directly due to inactions/actions of a soldier in the course of performance of his duties. If it occurred due to the wrongful conduct of the subject, not in the implementation of statutory tasks, applied to measures of civil-legal character.

Explanations

The Plenum of the armed forces Decree No. 9 of February 14, 2000, as the conditions for financial liability refers to the injury in the performance of official duties. At the same time this does not apply to the process when the individual is in the process of problem solving. In practice, the courts there are some difficulties in the differentiation of circumstances. Not all cases that are set in Federal law "On military duty and service" instance is considered acceptable to refer to the performance of official duties.

For Example, talking about the following citizen to the place of execution and back, stay in captivity, in the treatment of unexplained absence, etc. in addition, you should take into account that participating in campaigns and drills of ships, while traveling, the individual has the right to rest. Accordingly, these days he actually does not fulfill its obligations.

Interesting fact

From the foregoing explanations it becomes apparent the next moment. Soldiers who hurt the military organization is not in the performance of their duties (e.g. while on vacation), to compensate it in full right of civil liability. This is implemented by providing things of the same quality and same kind of fix the damage subject to compensation of losses.

Conditions of occurrence

FZ "On the material responsibility of military" mandatory specifies the circumstances under which the offender may be sanctioned. This is allowed only if there is real harm, the wrongfulness of the actions, the causal link between the conduct and the resulting harm, proven guilt. These conditions must be met simultaneously.

Real damage

The Law on material responsibility of military in the 2nd article gives a definition of this concept. The actual damage referred to loss ordamage to the property of the organization, the costs that it is necessary to make, or have made expenses for the restoration of values.

This damage also include excessive payments. Among them, in particular, includes fines, salaries, monetary allowances listed civilian personnel and former military personnel due to illegal termination of the contract, or delays caused by the command issuing labor books, as well as funds received in excess of the set value in connection with the accounting error.

Facilities

Material values in the framework of this law are all types of weapons, combat and other equipment, fuel, ammunition, food, engineering, clothing, housing, chemical property, other funds, cash in particular, which are run in/HR, military establishments and institutions, organizations and enterprises of the Ministry of defense.

The Loss is called the elimination of the object from the possession of the owner or user against their will and the will, due to the lack of adequate measures for its safety. Damage to property call things caused harm that resulted in the loss (partial or full) of useful properties. From loss it differs in that it always occurs with a direct impact on the subject. For example, it may be the burning, destruction, etc. the Damage may be inflicted both intentionally and inadvertently.

Important

When establishing a particular kind of real harm caused by a member, note that damage and loss of values of certain categories (ammunition, weapons, military equipment), as well as causing defects due to the direct physical effects with serious consequences (for example, resulting in a reduction of combat readiness units, etc.) have signs of criminal offenses. The punishment is set 346-348 articles of the criminal code. This, however, does not exclude the probability of application to guilty measures of financial responsibility.

Costs

As stated above, in addition to the cost of the property lost, damaged or destroyed, in the actual harm there are costs that a/h will have to make or already made to restore or purchase values. These include, for example, include money spent on repairs, transportation in excess of the standards to the provision of troops. Undue payments that are realized in/h, can be expressed:

1. Fines, forfeit, penalties, compensation for damage under civil law contracts at causing his other subjects and their property.
2. Payroll/salary listed officers and civilian personnel because of their illegal dismissal.
3. Compensation for harm to health and lives of persons encountered in the performance of their duties.

Wines

The Law "On the material responsibility of military" allows the application of sanctions only if there is intent or negligence in the actions of the subject. In other words, must be found guilt of a citizen. The definition of negligence or intent affects the What size are responsible for military personnel. The burden of proof of harm and other conditions of punishment imposed on the chiefs and commanders.

Exceptions

161-FZ "On the material responsibility of military" precludes the application of punishment to persons causing damage due to the execution of the orders of the chief or the commander, legal actions, associated with a reasonable risk, or in connection with force majeure. The latter understand the events that occurred regardless of the will of man. For example, it may be a landslide in the mountains, flooding, etc.

Calculated risk

It occurs if:

• The Action to be done to achieve socially useful goals. For example, it can be a test of a new weapon model.
• The goal could not be achieved by actions not connected with risk.
• The Subject, admitting the situation, has taken all appropriate measures to prevent harm.

Will Not be considered a justifiable risk associated with a threat to the health or life of the population, environmental disasters, actions pursuant to unreasonable solutions for the realization of the task at any cost.

Good behavior

The action that caused damage, but excluding liability include:

1. Self-defense.
2. Harm at detention of the criminal.
3. Absolutely necessary.
4. Caused harm due to mental/physical effects. If it eliminates the opportunity to manage their behavior and to realize the action.

The Harm caused at execution of the order

In this situation Material liability of servicemen Is excluded. The order of the head/commander may be lawful or unlawful. However, regardless of this, the soldier is exempt from punishment. If the order was illegal, the sanctions are not applied when the immediate execution of the subject did not understand the illegality.

For the resulting damage will be the responsibility of the chief/commander. Meanwhile, the subject who inflicted the damage intentionally whenperformed known to him illegal order, will be punished on the same basis. This provision is stipulated in article 5 161-FZ "About a liability of military personnel".

Classification of punishment

Norms provide limited and full material responsibility of servicemen. The latter occurs in cases where the damage is done:

• The Entity that took the property under report for the transportation, storage, use, issue, and other purposes.
• Inaction/action containing signs of a criminal act.
• Due to deliberate destruction, theft, deterioration, damage, misuse or unlawful exploitation of values, behavioral other illegal acts, regardless of the presence of the characteristics of the crime.
• With a Subject being in a drunken state. In this case we are talking about voluntary acceptance of not only alcohol, but also drugs and toxic substances.
• Deliberate actions that caused the costs of the stay in health facilities of affected citizens.

Limited liability is incurred in case of damage by negligence. For example, it may be a harm associated with the payment/h penalty, penalty, demurrage, car, vehicle, violation of accounting rules, expenditures, use, storage items etc.

Amount of compensation

The size of the material liability of servicemen depends on the circumstances in which the harm occurred, the severity of the violation. If the action committed by negligence, the amount of compensation shall not exceed:

1. One, two or three salaries of the monthly monetary allowance, and 1, 2, or 3 of monthly allowances for seniority. This rule is defined by the Material liability of servicemen under contract, and stakeholders, aimed at gathering.
2. 2 monthly salaries. This amount of punishment is established for persons who are serving under call.

Change of size of a collection

It is allowed by the decision of the commander, agreed with superiors, as well as in court. Change the size of the collection in the direction of reduction. This takes into account the specific circumstances of the accident, the degree of guilt, property status of the infringer.

The amount of the penalty is not subject to reduction, if the damage is caused by willful damage, destruction, deterioration, theft, illegal use or expenditure of property or other illegal actions, regardless of the presence of signs of criminal acts.

Administrative inquiry

Federal law "On the material responsibility of military" determines the order of application of penalties to the guilty. As one of the stages performs an administrative investigation. It may not work if the reasons that originated the harm, its magnitude, and those responsible for his causing entities established in the course of inspection, audit, investigation or inquiry. In other cases, Military personnel can be held financially responsible only, in accordance with the results of the investigation. On the basis of the order is issued or the claim is filed in court.

Targets

It is assigned to determine the causes of the harm, its magnitude, and those responsible for his appearance. In the process of investigation should be established all the conditions under which The soldiers are responsible. It is assigned immediately after detection of harm.

The Duration of the investigation – not more than a month. If necessary it may be extended for not more than 1 month. Obtained during the procedure, the results should be documented. In the process of the investigation should answer the following questions:

• What is property damage and what is its rating in terms of money?
• What specific illegal actions led to its emergence?
• What are the norms, instructions, regulations, orders had been violated by the subject?
• The Damage is caused by negligence or intentionally?
• There was a reason for harm of inaction/action of the subject?
• What is the degree of fault of each person (if there were several)?
• Whether the offender was subject in the performance of their duties?
• What factors contributed to the occurrence of harm?

Judicial procedure

Material responsibility of military personnel brought in accordance with the written order of the commander in/h. the Penalty is a deduction of a monetary contentment the magnitude of the damage. This measure applies if the damage is not more than the 1st month salary of content and 1 of the first premium for seniority. Extrajudicial procedure involves a series of events:

1. After the chief was notified about causing property damage/h, he appoints an administrative investigation.
2. The Commander issues an order on the inclusion of the amount of damage in the book for accounting shortfalls.
3. Introduces the Chief culprit with the established magnitude of harm and its compensation. While the soldier informed of their right to pay damages on a voluntary basis.
4. The Commander issues an order for the recoveryfixed amount by withholding it from the salaries of the guilty. The document must be issued within 2 weeks. If within this period the order was not issued, the head loses the right to bring the soldier to justice.

Judicial procedure

It is used if the value of the damage more than one monthly salary wages and of the 1st a long-service bonus. The court order requires registration of the claim. The claim for compensation of the harm caused by the commander in/h, served by a higher head. Claims on the financial responsibility of military personnel and persons dismissed from the service, should be considered by military courts. The deduction from the allowances of the adopted decision shall be in accordance with the writ of execution.

Limits for the recovery

A Monthly deduction to compensate for the damage caused to servicemen, made according to the General rule in the amount of 20% of his allowance. The amount of the penalty is 50% of the content, if it is aimed at the compensation of harm caused by intentional acts, caused the expenditure on the treatment of victims in medical institutions. If allowances are other deductions established by law, the total value should not be more than 50% of military personnel receive the amount.

Details

If the person who caused the damage, dismissed from military service and was not prosecuted, the penalty is in the courts at the suit of the commander. The amount of the monthly salary and allowances are determined on the date of retirement from the armed forces. The translation of prosecuted civil servant in the other in/h, the compensation is carried out at the new place in accordance with the entry to cash the certificate. If the harm to third parties was offset by/h, it is entitled to recover the amount paid from the guilty to regress.

Conclusion

To liability does not apply the duty of citizens that have been expelled from educational institutions military orientation for academic failure, unwillingness to learn, lack of discipline, refused to sign contracts for military service and who completed the study and were dismissed before the expiry of the service life, to recover spent budget funds for their training. This situation is caused by the fact that these individuals committed the actions without causing real harm. Accordingly, it is impossible to apply the rules on the appointment of a monetary penalty.