RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE RUSSIAN FEDERATION

of May 29, 2014 No. 8

About practice of application by courts of the legislation on conscription, military service and the status of the military personnel

For the purpose of ensuring unity of practice of application by courts of the legislation on conscription, military service and the status of the military personnel, and also considering arising at courts by consideration of this category put questions, the Plenum of the Supreme Court of the Russian Federation, being guided by article 126 of the Constitution of the Russian Federation, articles 2 and 5 of the Federal constitutional Law of February 5, 2014 No. 3-FKZ "About the Supreme Court of the Russian Federation", decides to make the following explanations:

Cognizance to public vessels of administrative and civil cases, cases on administrative offenses and materials about gross minor offenses

1. Owing to article 7 of the Federal constitutional Law of June 23, 1999 No. 1-FKZ "About public vessels of the Russian Federation" (further - the Federal constitutional Law "About Public Vessels of the Russian Federation"), article 18 of the Code of administrative legal proceedings of the Russian Federation (further - KAS Russian Federation), article 25 of the Civil Procedure Code of the Russian Federation (further - the CCP of the Russian Federation), article 4 of the Federal Law of December 1, 2006 No. 199-FZ "About legal proceedings on materials about gross minor offenses in case of application to the military personnel of disciplinary arrest and about execution of disciplinary arrest", article 22 of the Federal Law of May 27, 1998 No. 76-FZ "About the status of the military personnel" (further - the Federal Law "About the Status of the Military Personnel") the cases connected with protection of the violated and (or) disputed rights, freedoms and interests of the military personnel, the citizens undergoing military charges, including citizens protected by the law staying in mobilization human reserve, the citizens staying in voluntary forming, from actions (failure to act) of bodies of military management, military officials and the decisions made by them, are jurisdictional to public vessels.

The persons discharged from military service, the citizens who underwent the military charges including staying in mobilization human reserve, the citizens excluded from voluntary forming, having the right to dispute in public vessels of action (failure to act) of bodies of military management, military officials and the decisions made by them who violate the rights, freedoms and interests of specified persons protected by the law during passing of military service, military charges, stay in voluntary forming.

Cases on the administrative offenses specified in parts 1 - 2 articles 23.1 of the Russian Federation Code of Administrative Offences (further - the Code of the Russian Federation on Administrative Offences) and made by the military personnel and citizens called on military charges are considered by judges of garrison public courts.

Cases on claims to the military personnel, persons discharged from military service, to the citizens who are passing or underwent military charges including the citizens staying in mobilization human reserve or excluded from it, the citizens staying in voluntary forming about compensation of the damage caused by them in case of fulfillment of duties of military service or during passing of military charges, during stay in voluntary forming on the bases established by Articles 8, of 9, 12.1 Federal Laws of July 12, 1999 No. 161-FZ "About financial responsibility of the military personnel" (further - the Federal Law "About Financial Responsibility of the Military Personnel"), are jurisdictional to public vessels.

Judges of garrison public courts perform legal proceedings on materials about gross minor offenses in case of application to the military personnel and citizens called on military charges, disciplinary arrest and about execution of disciplinary arrest.

Courts should mean that application of disciplinary arrest according to the procedure, No. 231-FZ established by the Federal Law of August 8, 2024 "About features of application and execution of disciplinary arrest concerning the military personnel participating in special military operation" can be disputed in military court.

Owing to part 4 of article 7 of the Federal constitutional Law "About Public Vessels of the Russian Federation" to the public vessels deployed outside the territory of the Russian Federation all civil, administrative and criminal cases which are subject to consideration by courts of law are jurisdictional if other is not established by the international treaty of the Russian Federation.

2. In case of adoption of administrative actions for declaration and actions for declaration to production of court it must be kept in mind that the military personnel, citizens passing or last military charges, including the citizens staying in mobilization human reserve or excluded from it, the citizens staying in voluntary forming or excluded from voluntary forming and persons discharged from military service, bodies of military management and military officials can act as administrative claimants (claimants), and as administrative defendants (defendants) - bodies of military management and military officials, and also the military personnel, citizens passing or last military charges, including the citizens staying in mobilization human reserve or excluded from it the citizens staying in voluntary forming or excluded of voluntary forming, and persons discharged from military service (for example on the bases, the established Federal Law "About Financial Responsibility of the Military Personnel").

Military personnel are the citizens of the Russian Federation who do not have nationality (citizenship) of the foreign state or the residence permit or other document confirming the right to permanent residence of the citizen in the territory of foreign state which pass military service in the Armed Forces of the Russian Federation and in troops of national guard of the Russian Federation (further also - other troops), in rescue military forming of the federal executive body authorized on the solution of tasks in the field of civil defense (further also - military forming), in Russian Foreign Intelligence Service, bodies of the Federal Security Service, bodies of the state protection, bodies of military prosecutor's office, military investigating authorities of the Investigative Committee of the Russian Federation and federal body of ensuring mobilization preparation of public authorities of the Russian Federation (further - bodies) in military divisions of Federal fire service and the special forming created on wartime, and also the citizens having nationality (citizenship) of foreign state either the residence permit or other document confirming the right to permanent residence of the citizen in the territory of foreign state, foreign citizens and stateless persons which pass military service in the Armed Forces of the Russian Federation and military forming.

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info