Readers ' questions are answered by Major of Justice Vladimir Orlov, non-staff legal adviser of Orientir

BENEFITS - ONLY FOR FULL-TIME STUDENTS

My daughter is studying full-time at the Moscow Music College in the evening department. Does she qualify for benefits under the Federal Law "On the Status of Military Personnel" and is she a "family member" if she is older than 18?

Major Mikhail BAZHENOV.

Bolshoe Bunkovo settlement

Moscow Region

Family members of military personnel who are subject to the benefits, guarantees and compensations provided for by the Federal Law of the Russian Federation "On the Status of Military Personnel" also include children under the age of 23 who study in full-time educational institutions.

Your daughter is studying at a music college in the evening department. According to paragraph 1 of Article 10 of the Law of the Russian Federation "On Education", the evening department does not belong to full-time education, but to full-time correspondence courses. "Taking into account the needs and capabilities of the individual, educational programs are mastered in the following forms: in an educational institution - in the form of full-time, part-time (evening), part-time; in the form of family education, self-education, externship" (paragraph 1 of Article 10 of the Law).

Based on the above, the benefits established by the Federal Law of the Russian Federation "On the Status of military Personnel", unfortunately, do not apply to your daughter.

THE COMMANDER VIOLATES THE DISMISSAL PROCEDURE

The unit received an order to dismiss me from the Armed Forces of the Russian Federation "upon reaching the age limit". Does the commander have the right to exclude me from the lists of the unit within the prescribed period, if the final payment is not made with me due to the lack of funds in the complacent part?

Does the commander have the right to take me out of the state while waiting for my dismissal without my consent?

Major Sergey Yakovlev.

Monchegorsk city

Murmansk Region

There is no direct, unambiguous requirement prohibiting the exclusion of a dismissed serviceman from the lists of military personnel of a military unit in case of incomplete calculation on the day of dismissal in the current legislation. Perhaps such a norm will be fixed in the new Regulation on the procedure for military service.

In accordance with paragraph 11 of Article 38 of the Federal Law of the Russian Federation "On Military Duty and Military Service", a serviceman must be excluded from the lists of military personnel of a military unit on the day of the expiration of his military service, with the exception of cases established by the Regulations on the Procedure for Military Service.

At present, we are guided by the Decree of the Council of Ministers of the USSR No. 240 of March 18, 1985 "On approval of the Regulations on Military Service by Officers of the Armed Forces of the USSR (Order of the Minister of Defense of the USSR No. 100 of April 6, 1985)".

As for the second question of the reader of Orientir, the personal consent of the serviceman when placing him at the disposal of the relevant commander (chief) is not required.

HOW TO GET INTO THE MILITARY PROSECUTOR'S OFFICE

In December 1998, he graduated from the Faculty of Law of South Ural State University. February 1999 marks the 35th anniversary. Calendar length of service-15 years. Housing is provided. Legal experience as an assistant brigade commander for legal work - 4 years. I have a desire to work as an investigator in the military prosecutor's office or as a military judge in the military court of a garrison in any district.

How to solve this problem with employment? If you have the opportunity, please help.

Thank you in advance, your reader, Captain of Justice of the reserve Batyr Turaev.

Chebarkul city

Chelyabinsk region

According to Article 4 of the Law of the Russian Federation "On the Status of Judges in the Russian Federation "( as amended by the Law of the Russian Federation "On Amendments to the Law of the Russian Federation "On the Status of Judges in the Russian Federation" of April 14, 1993 N 4791-1, the Federal Law "On Amendments and Additions to the Law of the Russian Federation" On the Status of Judges in Russian Federation" of June 21, 1995 N 91-FZ) a judge may be a citizen of the Russian Federation who has reached the age of 25, has a higher legal education, has at least five years of work experience in the legal profession, has not committed defamatory acts, has passed a qualification exam and received a recommendation from the qualification board of judges. (Qualification boards of military judges are established in military districts, groups of troops, and fleets.)

As a candidate for the position of judge, you do not have enough 1 year of work experience in the legal profession.

Slightly different requirements are imposed on officials of the military Prosecutor's Office. Prosecutors and investigators may be citizens of the Russian Federation who have a higher legal education and possess the necessary professional and moral qualities, and are able to perform the duties assigned to them for health reasons. When they are appointed to the position, a probationary period of up to six months may be established.

In exceptional cases, persons who are studying in higher professional educational institutions in a legal specialty may be appointed to the positions of assistant prosecutors and investigators of prosecutor's offices of cities and districts, and equivalent prosecutor's offices. A person appointed to a position for the first time takes the Oath of a prosecutor (investigator) (from Article 40 of the Law of the Russian Federation "On the Prosecutor's Office of the Russian Federation").

If you have any questions about employment in the military prosecutor's office, you can contact the personnel bodies of the military Prosecutor's Office.

The editorial board of Orientir magazine does not engage in employment in judicial bodies and military prosecutor's offices. We give the postal address of the Main Military Prosecutor's Office: 103160, Moscow, K-160.

OFFICIAL HOUSING WILL HAVE TO BE VACATED

I've been in the military since 1987. In 1991, he graduated from the school, with a total length of service of 13.5 years. In 1997, upon arrival in this part, I was offered a service apartment. I signed a contract in which I pledged to vacate the apartment at the end of the employment relationship with the part within 1 month. In January 1999, my contract ended. I have no other living space.

Do I have the right to this apartment, and if not, what kind of living space and on what grounds can I apply? Family members: wife, son.

Sincerely Guards Captain

Vyacheslav KOLISHENKO, Vladimirsky settlement, Pskov region

If you are dismissed from the Armed Forces of the Russian Federation after the expiration of your military service, you must vacate your official residential premises in accordance with the procedure established by the housing legislation of the Russian Federation. This procedure is established by the Federal Law of the Russian Federation "On the Status of Military Personnel":

"Upon reaching the total duration of military service of 20 years or more, and upon dismissal from military service upon reaching the maximum age of stay in military service, due to health reasons or in connection with organizational and regular measures for the total duration of military service of 10 years or more, military personnel who are provided with official residential premises for the entire period of military service ownership of residential premises at the chosen permanent place of residence in accordance with the procedure established by federal laws and other regulatory legal acts. Military personnel not specified in this paragraph, upon discharge from military service, shall vacate their official living quarters in accordance with the procedure established by the housing legislation of the Russian Federation" (paragraph 12, paragraph 1, Article 15 of the Law). The procedure for eviction from official residential premises can be found in Articles 90, 107, 108 of the Housing Code of the RSFSR.

Further provision of housing for your family will be carried out by local executive authorities at the place of residence in a general manner.

YOU CAN USE A LAWYER'S HELP

I haven't received a food ration since 1996. They refuse to pay monetary compensation for rations, explaining that funding has been stopped and there is no money. I was told that I can only get the money through the courts. If so, what documents, extracts from orders are needed to apply to the court with them?

Senior Lieutenant Vitaly Karpenko.

Khabarovsk city

On the issue of not providing the required types of allowances (cash, food, clothing, housing, etc.), you can contact the higher-ranking head of the official or military administration body whose actions (inaction)are considered to be necessary. who violates the rights of a serviceman, or file a complaint directly with the court. For non-payment of "rations", you must file a complaint with the relevant court within the time limits established by law. The law does not impose specific requirements for the complaint form, but it should be drawn up according to the rules established for the form and content of the statement of claim (Articles 126 and 127 of the Civil Procedure Code of the RSFSR). According to Article 4 of the Law of the Russian Federation "On State Duty", a state fee is charged for such a complaint in the amount of 15 percent of the minimum wage established on the day of filing the complaint. The complaint is drawn up and submitted to the court in at least two copies. The court sends a copy of the complaint to the respondent.

You don't need to make any extracts from the orders. In the content of the complaint itself, you can specify regulatory legal acts that are not met by the command (the Federal Law of the Russian Federation "On the Status of Military Personnel"; Regulations on food supply for the Armed Forces of the Russian Federation in Peacetime - Order of the Minister of Defense No. 200 for 1992; Regulations on the monetary allowance of military Personnel, and others).

However, you have a choice: citizens can conduct their business in court in person or through representatives (lawyers). Personal participation in the case of a citizen does not deprive him of the right to have a representative in this case.

I would like to draw your attention to the fact that the editorial mail daily brings dozens of our traditional coupons with your, dear readers, diverse questions. We assure you that not a single coupon with a question on a legal topic is left without attention and answer on the pages of the magazine. If the question published under the heading " Your lawyer "is not your last name, then the most characteristic letter has been chosen, and while working on it, Orientir's legal advisers simultaneously respond to all those who need specific legal assistance. In addition, we do not limit ourselves only to brief consultations and prepare voluminous materials on the most exciting social and legal issues. We will continue to do so.

Thank you, our dear readers, for sharing with us what is painful, trusting your troubles and problems to "Your lawyer" from your "Landmark". We will continue to try to justify your trust by legally protecting the defenders of the Fatherland.