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BASICS OF SAFE LIFE
Legal bases of military service. Basics of safe life
Directory / Basics of safe life Military service is a special type of federal public service and consists in the performance of military duties by citizens. The performance of the duties of military service in the Armed Forces of the Russian Federation provides for direct participation in hostilities, daily combat training, other types of training and education, combat duty, garrison and internal service. The main task of military service - constant and purposeful preparation for armed defense and armed defense of the integrity and inviolability of the Russian Federation. The organization and performance of the duties of military service as an integral part of the military duty of citizens are strictly regulated by federal laws and other regulatory legal acts of the Russian Federation, which are developed on the basis of the Constitution of the Russian Federation. The basic legal acts that determine the foundations of military service are the federal laws of the Russian Federation "On military duty and military service" and "On the status of servicemen." The daily activities of military personnel, their life and way of life, service, performance of official duties are regulated by general military combat regulations. General military regulations determine the provisions common to all types of the Armed Forces on the relationship between military personnel, their general and official duties, rights, performance of internal, garrison and guard services, the essence of military discipline, the procedure for performing combat techniques and movement without weapons and with weapons. These charters include the Charter of the Internal Service of the Armed Forces of the Russian Federation, the Disciplinary Charter of the Armed Forces of the Russian Federation, the Charter of the Garrison and Guard Services of the Armed Forces of the Russian Federation, the Combat Charter of the Armed Forces of the Russian Federation. Charter of the internal service of the Armed Forces of the Russian Federation defines the general rights and duties of the military personnel of the Armed Forces and the relationship between them, the duties of the main officers of the regiment and its units, as well as the rules of internal order. All servicemen of military units, ships, headquarters, departments, institutions, enterprises, organizations and military educational institutions of professional education of the Armed Forces of the Russian Federation are guided by this charter. The charter also applies to servicemen of the border troops, internal troops of the Ministry of Internal Affairs of Russia and civil defense troops. Disciplinary Regulations of the Armed Forces of the Russian Federation determines the essence of military discipline, the duties of military personnel to observe it, the types of incentives and disciplinary sanctions, the rights of commanders (chiefs) to apply them, as well as the procedure for submitting and considering proposals, applications and complaints. All military personnel of the Armed Forces of the Russian Federation, regardless of military rank, official position and merit, must be strictly guided by the requirements of this charter. In addition, the provisions of the charter apply to citizens discharged from military service with the right to wear military uniforms, if they wear it. Charter of the garrison and guard services of the Armed Forces of the Russian Federation determines the purpose, procedure for organizing and performing garrison and guard services, the rights and obligations of garrison officials and military personnel performing these services, and also regulates the conduct of garrison events with the participation of troops. This charter guides all servicemen and officials of military units, ships, headquarters, departments, institutions and military educational institutions of professional education of the Armed Forces of the Russian Federation. Combat Charter of the Armed Forces of the Russian Federation defines combat techniques and movements without weapons and with weapons, the formation of subunits and military units on foot and in vehicles, the procedure for performing a military greeting, holding a combat review, the position of the Battle Banner of a military unit in the ranks, the procedure for its removal and removal. Combat regulations of the Armed Forces of the Russian Federation developed on the basis of the provisions of our military doctrine, taking into account the experience of wars and local conflicts, the level of technical equipment of the troops. They contain theoretical provisions and practical recommendations for the use of troops in combat. military status The status of servicemen is defined by the Federal Law of the Russian Federation "On the Status of Servicemen". It is understood as a set of rights and freedoms guaranteed by the state, as well as the duties and responsibilities of military personnel. Citizens acquire the status of a serviceman with the beginning of military service and lose it with its end. In accordance with this law, military personnel have the rights and freedoms of man and citizen with certain restrictions established by the laws of the Russian Federation. They are entrusted with the duties of preparing for armed defense and armed defense of the Russian Federation, which are associated with the fulfillment of assigned tasks in any conditions, including at risk to life. In connection with the special nature of the duties assigned to military personnel and certain restrictions on their rights and freedoms, they are granted certain benefits, guarantees and compensations. Rights of military personnel Military personnel enjoy the rights and freedoms established by the legislation of the Russian Federation on an equal basis with other citizens. However, given the special nature of the duties of military personnel, there are some restrictions on general civil rights and freedoms for them. So, right to freedommovement is carried out by military personnel, taking into account the need to maintain the combat readiness of the military unit and ensure timely arrival at the place of military service. The rules for the movement of military personnel in the location of the unit, the procedure for their departure from the garrison, on the territory of which they perform military service, are determined by general military regulations. When implementing the right to freedom of speech, expression of one's opinions and beliefs, access to receiving and disseminating information military personnel do not have the right to disclose state and military secrets, discuss and criticize the orders of the commander. Military personnel are prohibited from participating in strikes, as well as from terminating the performance of military service duties in order to resolve issues related to its passage. Military personnel in their free time from military service have the right to participate in worship and religious ceremonies as private individuals, but they do not have the right to refuse to perform military service duties for religious reasons and use their official powers to promote one or another attitude to religion. The formation of any religious associations is not allowed in military units. Military personnel, in accordance with the legislation of the Russian Federation, have the right to elect and be elected to bodies of state power and bodies of local self-government. They can be members of public associations that do not pursue political goals, and participate in their activities in their free time from the performance of military service duties. Right to work implemented by military personnel through military service. The nature of the official activity and the movement of servicemen in the military service on conscription are determined by their qualifications and service necessity. Military personnel do not have the right to engage in other paid activities, with the exception of pedagogical, scientific and other creative activities (if they do not interfere with the performance of military service duties). Responsibilities of military personnel The duties of the military personnel of the Armed Forces of the Russian Federation are divided into general, official and special. General responsibilities military personnel are determined by the requirements of laws and military regulations. These duties express the essence of military duty and characterize the content of military service in the Armed Forces of the Russian Federation. To be a worthy defender of the Fatherland, every serviceman must be faithful to the Military Oath, selflessly serve his people, courageously, skillfully, not sparing his blood and life itself, defend the Russian Federation, fulfill military duty, endure the hardships of military service, strictly observe the Constitution and laws. Russian Federation, to comply with the requirements of military regulations. A serviceman is obliged to show patriotism, cherish the international friendship of peoples, contribute to the strengthening of brotherhood between nations and nationalities; cherish military camaraderie, not sparing his life, help comrades out of danger, help them in word and deed, respect the honor and dignity of everyone, not allow rudeness and bullying towards themselves and other military personnel, and keep them from unworthy acts. In the process of combat training, a serviceman is obliged to constantly master military professional knowledge, improve his training and military skills; know well and keep in constant readiness for use the weapons and military equipment entrusted to him, protect military property. A serviceman is obliged to unquestioningly obey the commanders (chiefs) and protect them in battle, protect the Battle Banner of the military unit; at the beginning of hostilities, even being separated from his military unit (subunit) and in complete encirclement, he is obliged to offer resolute resistance to the enemy, avoiding capture. He is obliged to fulfill his military duty in battle to the end. A serviceman is obliged to know and strictly observe the international rules for the conduct of hostilities, the treatment of the wounded, sick, prisoners of war, shipwrecked persons, as well as the civilian population in the area of military operations. Official duties military personnel are determined by military regulations, as well as manuals, instructions, instructions or written orders of direct superiors. Official duties determine the scope and limits of the tasks assigned to a serviceman in accordance with his position. Special duties military personnel are usually temporary. The fulfillment of these duties by military personnel is provided for when performing combat duty tasks, in daily and garrison outfits, as well as during the elimination of the consequences of natural disasters and other emergencies. Responsibility of military personnel Military personnel, depending on the nature and severity of the violation committed, may be subject to disciplinary, administrative, material, civil and criminal liability. К disciplinary liability servicemen are involved in offenses related to the violation of military discipline, morality or public order in accordance with the Disciplinary Charter of the Armed Forces of the Russian Federation. If a serviceman violates military discipline or public order, the commander may limit himself to reminding him of his duties and military duty, and, if necessary, subject him to disciplinary action. At the same time, the commander must take into account that the penalty imposed is a measure to strengthen discipline and education of a serviceman and must correspond to the severity of the offense committed and the degree of guilt established. According administrative offenses (violation of traffic rules, rules of hunting, fishing and protection of fish stocks, customs regulations) military personnel are liable on a general basis, but administrative penalties in the form of a fine, deprivation of the right to drive vehicles, correctional labor and administrative arrest cannot be applied to them . Liability military personnel bear for material damage caused to the state in the performance of duties of military service in accordance with the Federal Law of the Russian Federation "On the Material Liability of Military Personnel". For non-fulfillment or improper fulfillment of obligations stipulated by federal laws and other regulatory legal acts, for losses and moral damage caused not in the performance of military service duties to the state, individuals and legal entities, military personnel are involved in civil liability. Criminal liability military personnel comes in connection with the commission of crimes by them in accordance with the Criminal Code of the Russian Federation, which provides for the section "Crimes against military service". These crimes include the following:
Military aspects of international humanitarian law The main provisions of International Humanitarian Law are enshrined in the Geneva Convention of August 12, 1949. and additional protocols to this convention, which were approved on July 8, 1977. and signed on September 12, 1977. most of the Member States of the United Nations. International humanitarian law is a branch of international law and is a set of legal norms based on the principles of humanity and aimed at limiting the consequences of armed conflicts. The purpose of this right is to deter belligerents from wanton brutality, as well as to provide the necessary protection to those who need it. The most important provisions of International Humanitarian Law applicable in armed conflicts: 1. Persons who are out of action and those who do not take a direct part in hostilities have the right to respect for their lives, to moral and physical integrity. In all circumstances, they are entitled to protection and humane treatment without any discrimination. 2. It is forbidden to kill or injure an enemy who surrenders or is out of action. 3. The wounded and sick must be selected and cared for by the side of the conflict in whose power they are. Medical personnel, medical facilities, vehicles and equipment are also subject to protection. The emblem of the red cross and red crescent signifies the right to such protection and must be respected. 4. Captured combatants and civilians in enemy-controlled territory are entitled to respect for their lives, dignity, personal rights and convictions. They must be protected from violence and reprisals and have the right to correspond with their families and receive assistance. 5. Everyone is entitled to basic legal guarantees. No one shall be subjected to physical or mental torture, corporal punishment, or cruel or degrading treatment. 6. The parties to the conflict and their armed forces cannot enjoy an unlimited choice of methods and means of warfare. It is prohibited to use such weapons and such methods of warfare that, by their nature, are likely to cause unnecessary casualties or cause undue suffering. 7. The parties to a conflict are under an obligation to distinguish at all times between civilians and combatants and to spare civilians and property as far as possible. Neither the civilian population as a whole nor individual civilians shall be the object of attack. Only military installations can be attacked. Based on these provisions of International Humanitarian Law, each serviceman must know and comply with the international rules of conduct in combat (Scheme 8).
Scheme 8. International rules of conduct for a serviceman in battle International humanitarian law provides special protection to certain categories of persons and objects that bear special distinctive signs. The following are protected by International Humanitarian Law: 1. Military and civilian medical services; military spiritual personnel; civilian religious personnel (only as part of the civil medical service and civil defense). The distinctive sign of the medical service is a red cross on a white field or an equivalent emblem in the form of a red crescent on a white background. The distinctive sign must be as large and as clearly visible as the circumstances permit. 2. Civil defense, ensuring the implementation of measures for the protection and survival of the civilian population: notification; evacuation; provision and arrangement of shelters; carrying out blackout activities; rescue work; medical care, including first aid and religious assistance; fire fighting; detection and designation of dangerous areas; disinfection; providing shelter and supplies; urgent burial of corpses, etc. The hallmark of civil defense is an equilateral dark blue triangle on an orange background. 3. Cultural property under general protection, which includes objects of great importance, being the cultural and spiritual heritage of the people. These are monuments of architecture, art and history; archaeological sites, ensembles of buildings that are generally of historical or artistic interest; museums, large libraries, archival repositories, repositories of other cultural values. The distinctive sign of cultural property under general protection is a blue and white shield. 4. Cultural property under special protection is an object of exceptional value. These include repositories of cultural property; centers containing properties of cultural value. A distinctive sign of cultural property under special protection is three white-and-blue shields arranged in a triangle (one shield at the bottom). 5. Installations and structures containing dangerous forces (dams, dams, nuclear power plants), an attack on which can cause the release of these forces out of control and subsequent heavy losses among the civilian population. The distinctive sign of installations and structures containing dangerous forces is a group of three bright orange circles located on the same axis. 6. White flag (truce flag used for negotiations or surrender). Authors: Smirnov A.T., Shakhramanyan M.A., Durnev R.A., Kryuchek N.A.
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