How much the rights at the recruit?
in the autumn I will call up for military service. A leah any features connected with passage of a military call-up liability if the recruit yet has not accepted the military oath contain in the legislation?
Victor Pavlov, the recruit. Novokuznetsk area.
Yes, contain. According to point 1 of article 41 of the Federal law “ About a conscription and military service “ from March, 28th, 1998 ¹ 53 - FZ (with the subsequent changes and additions), before reduction to the military oath (obligation bringing):
- the military man cannot be involved in performance of fighting problems (to participation in operations, execution of fighting watch, an active service, guard duty) and problems at introduction of a mode of state of emergency and in the conditions of confrontations;
- the weapon and military technology cannot be fixed to the military man;
- to the military man disciplinary arrest cannot be applied.
What habitation is necessary to a daughter of the officer?
I was the wife of the officer from which has given birth to the daughter. Then we have divorced. On a judgement the daughter remained with me, but in a private affair of the ex-husband it is written down. Now to my former spouse give in a part apartment. A leah the members of the housing commission who have declared are right, what in the present state of affairs the daughter from first marriage is not a member of a family of the military man as on court remained to live with mother and has no rights to floor space reception together with the father?
Galina Petrovsky. Leningrad region.
According to point 5 of article 2 of the Federal law “ About the status of military men “ from May, 27th, 1998 ¹ 76 - FZ, the minor daughter of the military man from first marriage is a member of his family and on it the social guarantees provided by the current legislation extend.
However to get to a circle of members of a family of the military man there is not enough that at definition of the size of given premises zhilkomissija military unit has considered the daughter of the military man from first marriage. The matter is that the state guarantees to the military man - to the contract employee granting of premises (as office, and under the contract sotsnajma) taking into account members of a family, together with it living.
is more detailed - point 1 of article 15 of the Federal law " see; About the status of military men “.
the daughter from first marriage to the father does not live In your situation. Thus, as a whole the position of the housing commission of a part is lawful. However the formulation of the decision made by her connected with refusal to consider the daughter of the military man from first marriage which lives with the former spouse, at calculation of a total area of premises given to it, demands specification and change.