For the conscientious performance of official duties. Order of the Ministry of Internal Affairs "On approval of the Procedure for paying bonuses for conscientious performance of official duties to employees of the internal affairs bodies of Russia" - Rossiyskaya Gazeta. Features of accrual and payment of pre

28. Employees are paid bonuses for conscientious performance of official duties at the rate of three salaries per year * (31).

29. The bonus is paid monthly at the rate of 25 percent of the salary set for the employee on the first day of the month for which the payment is made.

30. The bonus is paid in proportion to the time the employee fulfills his official duties in the corresponding calendar month.

31. The calculation period for the payment of the bonus includes the time of study, vacations with preservation of monetary allowances, release from official duties due to temporary disability.

32. The amount of the bonus for each calendar day of service is determined by dividing the full amount of the bonus for the month, determined in accordance with clause 29 of this Procedure, by the number of calendar days in that month.

33. The employees assigned to the order, bonuses can be paid on the basis of the order of the head, taking into account the actual volume of their official duties within 25 percent of the salary.

34. Based on the order of the head, the premium is not paid in the following cases:

1) the temporary suspension of an employee from the performance of official duties;

2) dismissal of an employee from duties related to the possible use of physical force, special means and firearms.

35. On the basis of the order of the head, employees who have a disciplinary sanction "severe reprimand", "warning of incomplete official compliance", "transfer to a lower position", the bonus is not paid within one month from the day they were brought to disciplinary responsibility.

36. Based on the order of the head, the bonus in the month of dismissal is not paid upon dismissal of an employee for the following reasons:

1) gross violation of official discipline by an employee;

2) repeated violation of official discipline by an employee in the presence of a disciplinary sanction imposed in writing by the order of the director or manager;

3) the employee's refusal to transfer to a lower position in the order of execution of a disciplinary sanction;

4) violation of the terms of the contract by the employee;

5) non-compliance by the employee with the restrictions and prohibitions established by federal laws * (32);

6) loss of trust;

7) submission by an employee of forged documents or knowingly false information when enlisting in the National Guard troops, as well as submission by an employee during his service in the National Guard troops of forged documents or knowingly false information confirming his compliance with the requirements of the legislation of the Russian Federation in terms of conditions filling an appropriate position in the National Guard troops, if this does not entail criminal liability;

8) conviction of an employee for a crime, termination of criminal prosecution against him due to the expiration of the statute of limitations, in connection with reconciliation of the parties (except for criminal cases of private prosecution), as a result of an act of amnesty, in connection with active repentance, except for cases when at the time of termination contract and dismissal from service in the troops of the National Guard, the criminality of an act previously committed by him is eliminated by the criminal law * (33);

9) committing an offense defaming the honor of an employee;

10) violation by an employee of mandatory rules when concluding a contract.

V. Regional coefficients, coefficients for service in high-mountainous areas, in desert and waterless areas, percentage allowances for service in the Far North, equivalent areas and other areas with unfavorable climatic or environmental conditions, including remote

37. Coefficients are set for the salary of employees serving in the Far North, equivalent areas and other areas with unfavorable climatic or environmental conditions, including remote ones, coefficients are established (regional, for service in high-mountainous areas, for service in desert and waterless localities) and percentage allowances for service in the regions of the Far North, localities equated to them and other areas with unfavorable climatic or environmental conditions, including remote ones, in high-mountainous regions, desert and waterless areas, provided for by the legislation of the Russian Federation * (34 ).

38. To apply the coefficients and percentage markups, the following are taken into account in the composition of the monetary allowance:

1) the official salary;

2) salary for a special rank;

3) monthly increment to the salary of pay for length of service (length of service);

4) monthly increment to the official salary for a qualifying rank;

5) a monthly bonus to the official salary for special conditions of service;

6) monthly increment to the official salary for work with information constituting a state secret * (35).

39. The sizes of the coefficients and percentage markups, as well as the rules for their application, are determined by the Government of the Russian Federation * (36).

In accordance with paragraph 21 of Art. 2 of the Federal Law of November 7, 2011 No. 306-ФЗ "On monetary allowances for military personnel and the provision of separate payments to them"(hereinafter referred to as the Law), the premium is set in the amount of up to three salaries (per year). The rules for paying the premium are determined by the Government of the Russian Federation.
The rules for the payment of bonuses for conscientious and effective performance of official duties (hereinafter referred to as the Rules) to servicemen doing military service under a contract (hereinafter referred to as the Rules) were approved by Decree of the Government of the Russian Federation No. material aid ".

At present, the practice is quite often applied on the ground, when a serviceman who has received a disciplinary sanction, firstly, is not paid a bonus at all, and secondly, non-payment of a bonus or a reduction in its size is made repeatedly only upon the existence of a previously received disciplinary sanction and in the absence penalties received in the month for which the payment is made.

Let's consider this problem in more detail.
According to clause 210 of the invalid Procedure for the provision of monetary allowances to servicemen of the Armed Forces of the Russian Federation, approved by Order of the Minister of Defense of the Russian Federation No. 200 of June 30, 2006, commanders (chiefs) had the right to completely deprive servicemen of bonuses for omissions in service and violations of military discipline. It seems that some officials, in fact, continue to be guided by these long-lost norms, while the current Procedure does not contain similar norms.

The bonus is not paid in the cases specified in clause 82 of the Procedure, which completely duplicates clause 6 of the Rules.

The list of cases specified in clause 82 of the Procedure is exhaustive and is not subject to broad interpretation. Neither neglect nor disciplinary action is included in this list. Accordingly, even if there are any, the premium must be paid. The only question is how much. The establishment of this amount in accordance with clause 80 of the Procedure is within the competence of the corresponding commander (chief), who issues the order for the payment of the bonus. Nevertheless, taking into account the above, in the case under consideration, it cannot be equal to zero. In addition, size as a concept is a positive quantity.

Unfortunately, neither the minimum amount of the bonus, nor the actual clear legal criteria by which the quality of the performance of official duties is assessed is currently not defined, which, of course, creates certain preconditions for unreasonably wide discretion of officials when deciding on its payment. To be fair, it should be noted that developing such criteria is not an easy task.

Does not contain the Procedure and any instructions regarding the minimum and maximum amount by which a reduction in the premium is allowed Therefore, in principle, it will be legal to reduce the premium, for example, by both 5% and 95%.

Note also that reducing the amount of the bonus is a right, not an obligation, of the commander (chief). Receiving a disciplinary sanction to servicemen does not entail either an automatic reduction in the bonus, and even more so, taking into account the above, its deprivation. The collection is taken into account when determining the amount of the premium. How to account is the competence of the relevant official. In the presence of certain conditions (for example, high performance in solving the assigned tasks, high-quality and effective performance of official duties, etc.), the commander (chief) may well come to the conclusion that there is no need to reduce the bonus to the serviceman, even taking into account the disciplinary sanction received by the awarded ... And it will be absolutely legal.

However, of greatest interest is the issue of repeated reduction (and in practice more often complete deprivation) of the premium for the same disciplinary sanction.

As already noted, the previous Procedure for providing monetary allowances to servicemen of the Armed Forces of the Russian Federation, approved by Order of the Minister of Defense of the Russian Federation No. 200 dated June 30, 2006, provided for the reduction or withdrawal of bonuses on the basis of quarterly reports of immediate superiors, which should have indicated specific the reasons that served as the basis for such a decrease (deprivation). Referring to the disciplinary sanction received in the quarter for which the bonus was made as a reason for reducing (depriving) a serviceman of the bonus, the immediate superiors, when submitting a report on bonuses for another quarter, did not re-cite the same reason as a matter of course. After all, the soldier, as they say, has already received his. It would seem that the continuity of this approach should have been preserved and reflected in the Order. However, the latter, as already noted, does not provide for the filing of such reports, and as a result of the wrong, in the author's opinion, interpretation by the relevant commanders (chiefs) of paragraph 80 of the Procedure, a practice has developed according to which all non-withdrawn disciplinary sanctions are taken into account when determining the amount of the award.

This approach seems to be illegal for the following reasons:

First of all, a disciplinary offense from the moment of its detection and suppression, as a rule, cannot influence in the future the quality and efficiency of the performance of official duties by the person who committed it.

Secondly, despite the fact that the deprivation of the premium, strictly speaking, is not a disciplinary measure, its repeated reduction (deprivation) on the sole basis that a soldier has an unreleased disciplinary penalty is in fact nothing more than a repeated punishment (punishment in rubles) for one and the same offense.

Thirdly, since, according to clause 80 of the Procedure, the specific amount of the bonus depends on the quality and efficiency of the performance by the military personnel of their official duties in the month for which the bonus is paid (i.e., the bonus, in fact, is paid based on the results of work for the month), then, accordingly, the presence a disciplinary sanction for a misdemeanor committed outside the bonus period does not in itself affect the quality and efficiency of the performance of official duties during this period and cannot serve as a basis for reducing (depriving) the bonus. Therefore, the provision of clause 80 of the Order "taking into account the disciplinary sanctions for the committed disciplinary offenses", according to the author, should be understood only as "taking into account the existing disciplinary sanctions for disciplinary offenses committed in the month for which the premium is paid."

Fourth, according to Art. 2 of the Law, the bonus is an integral part of the monetary allowance of military personnel. Therefore, reducing its size to a soldier who conscientiously fulfilled his official duties in the month for which the bonus is paid, only on the basis that earlier (outside the bonus period) he received a disciplinary penalty, is nothing more than discrimination in pay, prohibited Art. 37 of the Constitution of the Russian Federation.
For comparison, we also note that at present, servicemen and civilian personnel receive the procedure for determining and spending the amount of budgetary funds allocated for additional payments to military personnel under contract and bonuses to civilian personnel of the Armed Forces of the Russian Federation, as provided for in the Procedure for determining and spending the form of additional payments (bonuses) based on the results of service (work). This Procedure was approved by Order of the Minister of Defense of the Russian Federation of July 26, 2010 N 1010 "On additional measures to increase the efficiency of the use of monetary funds for military personnel and remuneration of civilian personnel of the Armed Forces of the Russian Federation."

According to clause 7 of this Procedure, the specific amounts of additional material incentives are determined within the limits of the budgetary funds brought for the specified purposes, based on the results of the performance by military personnel and civilian personnel of official duties during the period for which additional material incentives are provided. At the same time, the issuance of orders for the payment of additional material incentives to servicemen and civilian personnel is carried out on the basis of reports submitted by direct commanders (chiefs, leaders).

It has already been said above that there are no clear normatively established criteria for assessing the quality and efficiency of the performance of official duties used in deciding the issue of bonuses, just as there were no normatively established criteria for assessing the results of their performance taken into account when paying for material stimulation. The discretion of officials when deciding on the amount of additional material incentives was (and, in principle, remains) so wide that it gave rise (and does generate) numerous complaints from both military personnel and civilian personnel, which is well known to readers.

In accordance with clause 11 of the Procedure approved by Order of the Minister of Defense of the Russian Federation dated July 26, 2010 N 1010, the following are not submitted for additional material incentives:
- servicemen who receive additional monetary incentives in accordance with the federal law on the federal budget for the corresponding year;
- servicemen who have been disciplined for gross disciplinary offenses during the period for which an additional payment is made, as well as having unsatisfactory results in professional (command) and physical training;
- persons of civilian personnel who have a disciplinary sanction for failure to perform or improper performance through their fault of their labor duties;
- servicemen and civilian personnel who committed violations in financial, economic and economic activities, resulting in damage to the Armed Forces of the Russian Federation and reflected in the acts of audits (inspections of certain issues) of financial, economic and economic activities, as well as commanders (chiefs, managers), those who have not made a decision on the registered violations in these activities and measures to compensate for damage in accordance with their official powers.

As we can see, the "persons" known to us figure here as well: disciplinary sanctions, the results of checks on professional (command) and physical training. True, we are already talking about unsatisfactory results. And they do not affect the amount of material incentives, but are grounds for refusing to pay it. In addition, the results of the last checks are taken into account, regardless of when they were carried out - during the bonus period or outside it.

As for disciplinary sanctions, then, as we see, only gross disciplinary offenses committed by military personnel during the period of bonuses are subject to registration.

In accordance with the Federal Law "On monetary allowances for servicemen and the provision of separate payments to them" the Government of the Russian Federation decides:

1. Approve:

Rules for the payment of bonuses for conscientious and effective performance of official duties to military personnel under contract;

Rules for the payment of annual material assistance to military personnel undergoing military service under a contract.

2. Payments stipulated by the rules approved by this resolution shall be made within the budgetary allocations provided for the monetary allowances of servicemen as part of the federal budget expenditures for the maintenance of the Armed Forces of the Russian Federation, other troops, military formations and bodies.

3. This Resolution shall enter into force on January 1, 2012, and with respect to persons specified in Part 2 of Article 7 of the Federal Law "On Monetary Allowances for Servicemen and the Provision of Individual Payments" - from January 1, 2013.

Chairman of the Government of the Russian Federation

V. Putin

Rules for the payment of bonuses for conscientious and effective performance of official duties to military personnel under contract

1. The bonus for conscientious and effective performance of official duties (hereinafter referred to as the bonus) is paid to servicemen doing military service under a contract (hereinafter referred to as military personnel) in the amount of up to 3 salaries of the monthly salary of a soldier (hereinafter referred to as the salary) per year.

2. The premium is paid monthly or quarterly. The payment of the bonus is made simultaneously with the payment of the monetary allowance in the month following the month (quarter) for which the bonus is paid, and in December - for December (IV quarter).

3. The bonus is calculated on the basis of the monthly salary of a soldier in accordance with the assigned military rank and the monthly salary in accordance with the military position held (in the case of his temporary fulfillment of duties for a vacant military position - the monthly salary in accordance with this military position), established at 1- e day of the month in which the premium is paid, and in December - on December 1 of the current year.

4. The size of the bonus, depending on the quality and efficiency of the performance by servicemen of official duties and the procedure for its payment, are established by the Minister of Defense of the Russian Federation, heads of federal executive bodies in which military service is provided for by federal law, respectively, in relation to servicemen of the Armed Forces of the Russian Federation and other troops , military formations and bodies, the Prosecutor General of the Russian Federation - in relation to military personnel of the military prosecutor's office, the Chairman of the Investigative Committee of the Russian Federation - in relation to military personnel of the military investigative bodies of the Investigative Committee of the Russian Federation.

5. Servicemen who have served in the Armed Forces of the Russian Federation, other troops, military formations and bodies for an incomplete month (quarter), the bonus is paid for the time of actual fulfillment of duties in the military position based on salaries on the day of the decision to pay the bonus.

6. The bonus is not paid to military personnel:

those who are doing military service in military units (organizations), where, in accordance with federal laws and other regulatory legal acts of the Russian Federation, a bonus system has been established for them for fulfilling and overfulfilling production targets and other indicators;

sent outside the territory of the Russian Federation to provide technical assistance and perform other duties;

during the period of being at the disposal of commanders (chiefs), with the exception of periods of temporary fulfillment of duties by them for vacant military posts;

7. In the event of the death of a serviceman, the bonus accrued during the actual performance of his duties in a military position in the corresponding month (quarter) is paid to his wife (spouse), in case of her (his) absence - to adult children living with him, legal representatives (guardians, trustees) or adoptive parents of minor children (disabled from childhood - regardless of age) and persons dependent on the serviceman, in equal shares, or to parents in equal shares, if the soldier was not married and had no children.

Rules for the payment of annual material assistance to military personnel undergoing military service under a contract

1. Annual material assistance is paid to servicemen doing military service under a contract (hereinafter referred to as military personnel), in the amount of at least one monthly salary of the serviceman's salary.

2. The procedure for applying for material assistance, as well as its amount for the corresponding year, based on the budgetary allocations provided for the monetary allowances of servicemen as part of the federal budget expenditures for the maintenance of the Armed Forces of the Russian Federation, other troops, military formations and bodies, are established by the Minister of Defense of the Russian Federation , by the heads of federal executive bodies in which military service is provided for by federal law - respectively in relation to servicemen of the Armed Forces of the Russian Federation, other troops, military formations and bodies, the Prosecutor General of the Russian Federation - in relation to military personnel of the military prosecutor's office, Chairman of the Investigative Committee of the Russian Federation - in relation to servicemen of the military investigative bodies of the Investigative Committee of the Russian Federation.

3. Servicemen who have the right to receive material assistance, but who have not applied for it in the current year, are paid material assistance simultaneously with the payment of their monetary allowance for December of the current year.

4. Material assistance is calculated on the basis of the monthly salary of a soldier in accordance with the assigned military rank and the monthly salary in accordance with the military position held (in the case of his temporary fulfillment of duties for a vacant military position - the monthly salary in accordance with this military position) established on the date making a decision on the payment of material assistance, and when paying material assistance in December - on December 1 of the current year.

5. Servicemen transferred for further military service from one federal executive body in which military service is provided for by federal law, to another (the Armed Forces of the Russian Federation) or from the Armed Forces of the Russian Federation to a federal executive body in which federal law provides for military service, material assistance is paid once a year in full upon departure from the federal executive body in which military service (of the Armed Forces of the Russian Federation) is provided for by federal law, if it has not been paid earlier.

6. Material assistance is not paid to servicemen:

those who are dismissed from military service on the grounds specified in clauses 1 - 5, 7 - 11 of part 4 of article 3 of the Federal Law "On monetary allowances for servicemen and the provision of separate payments to them." If the abovementioned servicemen were paid material assistance earlier, upon their dismissal from military service, the amount paid is not subject to withholding;

during the period of being at the disposal of commanders (chiefs);

those dismissed from military service at the end of the current year with the provision of leave upon dismissal, ending next year, for the year in which the leave ends.

7. In the event of the death of a serviceman, material assistance for the current year (if it was not paid to the serviceman before his death) is paid to the spouse, in her (his) absence - to adult children living with him, legal representatives (guardians, trustees) or adoptive parents of minor children (disabled since childhood - regardless of age) and persons dependent on the serviceman, in equal shares, or to parents in equal shares, if the soldier was not married and had no children.

To the Ulan-Ude garrison military court

Administrative claimant: Ivanov Ivan Ivanovich

Date and place of birth. Residence or location address (in full). Phone numbers, fax numbers, email addresses. mail.

Administrative defendant: An official whose actions are appealed:

Commander of military unit 00000

Address: ___________________________

Administrative statement of claim

on challenging the actions of officials related to non-payment of bonuses for the conscientious and effective performance of official duties for the period from ____________ to _____________

I ________________________________________________ doing military service

(military rank, full name)

under the contract in the military unit No. __________.

In accordance with the Federal Law of the Russian Federation "On monetary allowances for military personnel" and the Decree of the Government of the Russian Federation of December 5, 2011 No. 993 "On payment of bonuses to military personnel for conscientious and effective performance of official duties and annual material assistance" performance of official duties.

At the same time, the named premium for the period from _______ to _______ was not paid to me. At the same time, I did not have any disciplinary sanctions or other omissions in service.

I believe that the actions of the officials - the Commander of the Air Defense Forces and the commander of military unit No. ___________, related to the failure to pay me a bonus for conscientious and effective performance of official duties for the period from ______ to ______, violate my rights, and therefore are illegal.

(The following is information about whether a complaint was filed with a higher-level authority in the order of subordination or a higher-level person in the order of subordination on the same subject as indicated in the filed administrative statement of claim.

Information about the impossibility of attachment to the administrative statement of claim of any documents specified in Part 1 of Art. 126 CAS RF, namely:

Delivery notifications or other documents confirming the delivery to other persons participating in the case, sent in accordance with Part 7 of Art. 125 CAS RF copies of the administrative statement of claim and attached documents that they do not have;

Documents confirming the payment of the state fee in the prescribed manner and in the amount, or the right to receive benefits in the payment of the state fee, or an application for a deferral, installment plan, to reduce the amount of the state fee with the attachment of documents indicating the existence of grounds for this;

Documents confirming the circumstances on which the administrative claimant bases his claims;

Power of attorney or other documents certifying the authority of the representative of the administrative claimant, documents confirming the presence of the representative of higher legal education, if the administrative claim is filed by the representative;

Documents containing information about the complaint filed in the chain of command and the results of its consideration, provided that such a complaint was filed.)

1. To recognize the actions of the Commander of the Air Defense Forces and the commander of military unit No. __________ related to the failure to pay me a monthly bonus for conscientious and effective performance of official duties for the period from ______ to ______ as unlawful.

2. To oblige the Commander of the Air Defense Forces to issue an order to pay me a monthly bonus for conscientious and effective performance of official duties for the period from ____________ to _____________

3. Collect from _____________________________________________________________

(the name of the authority paying the allowance is indicated)

in my favor legal costs associated with the payment of the state fee in the amount of __________________________________________________________________.

Applications:

1. Copies of the administrative statement of claim and the documents attached thereto according to the number of persons participating in the case (if there is no notification or other document confirming their delivery to these persons).

2. A document confirming the payment of the state duty or the right to receive benefits for its payment, or being the basis for a postponement, payment by installments of the state duty or reduction of its size.

4. Other documents confirming the circumstances on which the administrative plaintiff bases his claims on the number of persons participating in the case (if there is no notification or other document confirming their delivery to these persons).

5. Power of attorney or other document certifying the authority of the representative of the administrative claimant, a document confirming that the representative has a higher legal education, if the administrative claim is filed by the representative.

"__" _______ 20__ __________ ____________________

(signature) (decryption of signature)

Resolution of the Government of the Russian Federation of December 5, 2011 N 993
"On payment of bonuses to servicemen for conscientious and effective performance of official duties and annual material assistance"

In accordance with the Federal Law "On monetary allowances for servicemen and the provision of separate payments to them," the Government of the Russian Federation decides:

1. Approve:

Rules for the payment of bonuses for conscientious and effective performance of official duties to military personnel under contract;

Rules for the payment of annual material assistance to military personnel undergoing military service under a contract.

3. This Resolution shall enter into force on January 1, 2012, and in relation to the persons specified in Part 2 of Article 7

rules
payments to military personnel under contract, bonuses for conscientious and effective performance of official duties

6. The bonus is not paid to military personnel:

sent outside the territory of the Russian Federation to provide technical assistance and perform other duties;

during the period of being at the disposal of commanders (chiefs), with the exception of periods of temporary fulfillment of duties by them for vacant military posts;

clauses 1 - 5, 7 - 11 of part 4 of article 3 of the Federal Law "On monetary allowances for servicemen and the provision of separate payments to them."

rules
payments to servicemen doing military service under a contract, annual material assistance

6. Material assistance is not paid to servicemen:

those who are dismissed from military service on the grounds specified in clauses 1 - 5, 7 - 11 of part 4 of article 3 of the Federal Law "On monetary allowances for servicemen and the provision of separate payments to them." If the abovementioned servicemen have been paid material assistance earlier, upon their dismissal from military service, the amount paid is not subject to withholding;

during the period of being at the disposal of commanders (chiefs);

those dismissed from military service at the end of the current year with the provision of leave upon dismissal, ending next year, for the year in which the leave ends.

It is fixed how contract servicemen are paid bonuses for conscientious and effective performance of official duties, as well as annual material assistance.

The size of the latter is not less than 1 month's salary of a serviceman's salary, and bonuses - up to 3 such salaries. The bonus is paid every month or quarter.

The amount of these payments and the procedure for their provision are established by the Ministry of Defense of Russia, the heads of the federal executive bodies in which military service is provided, in relation to servicemen of the RF Armed Forces, other troops, military formations and bodies. The Prosecutor General of our country determines their size and the rules for payment in relation to the military personnel of the military prosecutor's office, the Chairman of the Investigative Committee of Russia - in relation to the military personnel of the military investigative bodies of the latter.

There is a list of persons who are not entitled to the prize and financial aid. In particular, we are talking about those dismissed from military service on the following grounds. This is the deprivation of military rank, the entry into force of a court verdict on the imposition of a sentence of imprisonment on a serviceman (on the prohibition to hold military positions).

If the named person died, the accrued and unpaid bonus (financial aid) is provided to his wife (spouse). If there are none, it is paid in equal shares to adult children living with him, legal representatives (adoptive parents) of minors (disabled from childhood - regardless of age) or those who are dependent on them. This payment is received by parents if the soldier was not married and had no children.

The procedure comes into force on January 1, 2012. In relation to servicemen of engineering, road construction and rescue military formations, the SVR, the FSB of Russia, the military prosecutor's office and military investigative bodies of the Investigative Committee of our country, etc., it is applied from January 1, 2013 g.

Decree of the Government of the Russian Federation of December 5, 2011 N 993 "On the payment of bonuses to servicemen for conscientious and effective performance of official duties and annual material assistance"

This resolution shall enter into force on January 1, 2012, and in respect of persons specified in part 2 of article 7 of the Federal Law "On monetary allowances for servicemen and the provision of separate payments to them" - from January 1, 2013.

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