GVP answers: Refusal in a direction of the military man on retraining
Good afternoon! I the officer of the body 63779 deployed in Omsk. The Russian Federation I am dismissed by order MO from VS the Russian Federation in a stock, in connection with organizational - regular actions, the extract has come to a part in June, 2012 on August, 1st, 2012 my calendar period of service will make 20 years. In September in VUNTS SV “ OVA VS the Russian Federation “ (branch Omsk) begins professional retraining on chosen me before a speciality 2700 “ higher school Pedagogics “. But the commander of a part does not release me, motivating with that I am dismissed. However, to the account non-realised me of the days off for earlier fulfilled time, my exception of part lists should occur approximately in November. Whether rights the commander of a part, refusing realisation of my right to conversion training before a transfer to the reserve? Also what to me to do in the circumstances? Yours faithfully and in advance I thank.
Vyacheslav Novikov, Omsk
According to requirements of item 4 of item 19 of the Federal law from 27. 05. 1998 ¹ 76 - FZ “ about the status of military men “ military men - the citizens passing military service under the contract which general service life makes five years and more, in a year of dismissal from service on reaching them of age limit, the service expiry of the term, to a state of health or in connection with organizational - regular actions have the right to pass professional retraining on one of civil specialities without collection from them tuition fees and with maintenance preservation by all kinds of a contentment is perfectly in order and on conditions which are defined by the Ministry of Defence of the Russian Federation, in about four months. In case of dismissal of the specified military men from military service in training they have the right to study end free of charge.
Thus, the actions of command connected with refusal in a direction of you on retraining, contradict the current legislation.
Taking into account it, you have the right to address for protection of the rights and legitimate interests in the nearest military Office of Public Prosecutor or in court.