Assignment of the next military rank as an encouragement. V

Military ranks

1. Article 46 of the Federal Law establishes the following composition of military personnel and military ranks:

2. Before the military rank of a serviceman serving in a guards military unit, on a guards ship, the word "guards" is added.

The words "justice" or "medical service" are added to the military rank of a serviceman or citizen who is in the reserve, having a military registration specialty of a legal or medical profile, respectively.

To the military rank of a citizen who is in the reserve or retired, the words "reserve" or "retired" are added, respectively.

3. The seniority of military ranks and compositions of military personnel is determined by the sequence of their enumeration in Article 46 of the Federal Law: from the military rank "private" ("sailor") to a higher one and from the composition of "soldiers, sailors, sergeants, foremen" to a higher one.

Military and naval military ranks corresponding to each other are considered equal.

4. Military ranks are assigned to servicemen personally.

Military rank can be first or next.

5. The form and content of submissions, forms of other documents and orders for the conferment of military ranks, as well as the procedure for their execution and submission (with the exception of senior officers) are established by the head of the federal executive body or federal state body in which military service is provided.

Military rank is an integral part of any army, and the Russian one is no exception to the general rules here. It is thanks to them that subordination is ensured in the Armed Forces. In addition, the higher the rank, the more rights a soldier has. Here, by the way, we should not forget that in the Armed Forces of the Russian Federation there is also such a thing as a position.

There are currently 2 types of military ranks in the Russian army:

• combined arms;
• ship.

With the first, probably, everything is clear. Ship ranks are assigned to persons in military service in the Navy. In addition, there are some other important points to be noted. In particular, in some cases, the corresponding word or prefix is ​​also added to the title. For example, Guard Colonel. In this case, this officer serves in the Guards unit. For military personnel of the legal or medical service, the words “justice” / “medical services” are added to the rank. In addition, military rank is assigned to the military for life. In other words, even after entering the reserve, a person is considered a major. But at the same time, “retired” is necessarily added.

In the Russian Federation, at the legislative level, a distinction has been made between such concepts as “military service” and “military duty”. Let's clear this up a bit. In the first case, we are talking about persons called up for military service. After serving the prescribed period, they are transferred to the reserve. Today, conscripts can choose how they will serve "default" - by conscription or by contract. Each of these options has its pros and cons. Military service is a special type of civil service, and there are already somewhat different laws. At the same time, there are many common points, one of which is military ranks. Both the first and the second group of military personnel have them.

Terms and features of conferring military ranks in the Russian army

Now let's look at another point directly related to military service and ranks. We are talking about the timing and features of the assignment of military ranks in the Russian army. To begin with, I would like to note that the military personnel here can be divided into such groups as:

• soldiers and sailors;
• sergeants and foremen;
• officers - persons of junior, senior and senior commanding staff.

A mandatory requirement for obtaining the next military rank is service for a certain period. This moment is regulated very strictly.

It should be noted that there are a fairly large number of clarifications here, but we will not dwell on this in detail. If the next rank is assigned to soldiers and sailors after 5 months of service, then in other cases the term is already measured in years. In particular, it is:

• junior sergeant - 1 year;
• sergeant - 2 years;
• senior sergeant - 3;
• ensign - 3.

The situation is the same with the officers. To receive a promotion, they must serve a certain number of years:

• junior lieutenant - 2;
• lieutenant and senior lieutenant - 3;
• captain, major - 4;
• lieutenant colonel - 5.

Further, the situation is as follows. In order to become an officer of the highest commanding staff, a colonel must serve in this rank for at least 2 years. That's not all. You must also serve at least 1 year in the position provided for senior officers. Without this, you can't count on promotion. However, this moment applies to other officers. To get the next promotion, before that, a soldier must necessarily hold the appropriate position. At the same time, the terms of military service have not been established for the lieutenant general. Calculation begins at the time of awarding the title.

It should be noted that in 2016, the presidents of the Russian Federation made changes to the legislation. In particular, there was such a thing as certification. Because of this, obtaining the next military ranks became somewhat more complicated. If before, for example, the captain was sure that after serving 4 years, he would automatically receive another promotion, then at present the procedure looks different. A soldier, in particular, will still need to prove his professional suitability to his superiors. That is, climbing up the career ladder is a little more complicated. The assignment of the next military rank after amendments to the legislation depends on the discipline of the soldier and his behavior. In addition, a wider list of gross disciplinary offenses is currently in force.

Now the decision on whether to promote a serviceman or not is made by members of the certification commission, which includes his commanders and colleagues. However, as military expert Viktor Murakhovsky explained, this innovation does not mean at all that an officer who did not demonstrate the growth of his professional knowledge during the service, or systematically violated discipline, can forget about career growth. In fact, this is not so, and even violators of discipline can count on receiving the next title. Servicemen just need to constantly improve themselves, not in words, but in deeds, to prove that they are really ready for promotion.

It is worth recalling that the certification system operated in the army during the Soviet period. Then it was one of the most effective methods of educating military personnel. First, the commander prepared the relevant documents, after which they were considered by a special commission. If its members made a positive decision, then the submission was sent to a higher authority. For each specific officer, the decision to award the next rank, up to major, was made at the level of the district commander. Higher appointments were already made by the head of the Ministry of Defense.

The purpose of the innovations was the desire to increase the motivation of officers in obtaining the next ranks. In the Russian army, the salary of a serviceman consists of 2 parts: the payment received by the officer according to the rank, as well as remuneration for the position held. Moreover, in the second case, the amount is more serious than in the second. Because of this, the assignment of the next title has already ceased to be perceived as a form of encouragement. As a result, many officers became indifferent when they were promoted - now, or two years later. After all, in terms of money, they still don’t lose much and don’t win.

After the changes made to the legislation have come into force, military personnel who have the right to be awarded the next rank, who have certain obstacles to promotion, should find out the reasons for the refusal based on the results of a personal conversation. It is worth noting that they must be brought under the signature. The conversation sheet itself is attached to the personal file of the serviceman.

Military rank is an integral part of any army, and this also applies to the Russian Armed Forces. The introduction of a system of military ranks made it possible to draw a clear line between soldiers, officers and senior command personnel, which makes it possible to observe interpersonal subordination and order in the Russian army. This is important not only in peacetime, but especially during hostilities.

The history of the origin of military ranks

For the first time, military ranks and positions appeared in the Russian kingdom in the 16th-17th centuries. The system of army unity of command affected only the archery troops. In the rest of the army, the ranks of the state, that is, civil, service were preserved, until the moment of reorganization into regiments of the new system.

In the archery regiment there was a system of military ranks, which varied depending on the number of subordinates (foreman, Pentecostal, centurion, and so on).

Later, in the regiments of the new order, the ranks underwent major changes and began to be called in the Western European manner (starting from warrant officer and lieutenant, ending with lieutenant general and general).

Such a system is very similar to the current design of Russian military ranks.

In 1722, the nomenclature of military ranks greatly expanded, due to which there was a division between the rank and position of an officer.

This arrangement continued until 1917. It underwent significant changes after the communists came to power, and in the Soviet Union the ranks were replaced by the positions of Soviet officers.

On September 22, 1935, military ranks were introduced by decree of the Central Executive Committee. In order to avoid associations with the White Army, some ranks were changed (for example, the general was changed to divisional commander, brigade commander). Later, in 1940, the general and admiral ranks were returned, and already in 1972 the ranks of "ensign" and "midshipman" would be introduced.

The system of military ranks that operates at the present time is a legacy of the multifaceted history of Russia, and in particular, the Soviet Union.

Subordination in the Armed Forces of the Russian Federation

The vital activity of the army largely depends on the existing relationships in the team. A team that is mired in conflicts cannot carry out appropriate combat training activities. Whereas the company, where friendship and mutual support reigns, copes with this perfectly. The commander of the military group must always remember this.

However, this is a double-edged sword: military personnel are obliged to do what the higher authorities order (if this does not contradict the military regulations and current legislation). Few want to experience the hardships of service. And military service obliges the soldier to this.

To this end, military service charters have been introduced in the armed units, which a soldier, upon entering the service and taking an oath, undertakes to fulfill. The Charter of the internal service of the RF Armed Forces regulates the relationship between soldiers and officers: unity of command and subordination, tact and restraint, mutual respect, collectivism, which are the basic principles of this document.

The disciplinary charter of the Armed Forces of the Russian Federation defines the main essence of the discipline of a serviceman, his rights and obligations, types of incentives and disciplinary sanctions, the rights and obligations of the commander for their use, the rules for filing complaints, applications and proposals.

The statutory rules for the relationship between military personnel entering guard, garrison and commandant service are regulated by the relevant regulations of the Armed Forces that exist to control compliance with this type of military service. The drill rules and the order of the military salute are determined by the drill charter.

Compliance with the statutory relationships lies with each soldier in particular and the team as a whole. In particular, this should be monitored by the commanding part of the garrison. Therefore, the officer is vested with special powers to control the discipline and order of service of his subordinates.

Responsibility for violation of statutory relationships

Depending on the nature and severity of the offense, a serviceman may incur disciplinary, administrative, civil or even criminal liability (Article 28 of the Federal Law "On the Status of Servicemen").

For violation of discipline or public order, the military will be punished in accordance with the Disciplinary Regulations. The acting commander can make both a remark and a reminder about it and conduct a disciplinary sanction. It depends on the degree of guilt and the severity of the offense committed. Also, the boss may see signs of a crime in the actions of a subordinate, which he will have to report, which, in turn, will conduct an investigation.

Statutory relationships between soldiers are protected by the Criminal Code of the Russian Federation and current legislation. The threat of criminal punishment occurs if the soldier:

• exceeded official powers;
• did not comply with the order;
• resisted the commander or forced him to violate his military duties;
• insulted another soldier or inflicted bodily harm on him.

A complex form - psychological impact and educational work, can strengthen the morale of soldiers and warn them against violating the statutory rules of relationships.

The value of military rank in the Armed Forces

Military ranks cannot be considered only from the angle of the fact of encouraging a soldier. They are issued to the most prepared, disciplined and responsible of those serving, since it is they who are responsible for commanding personnel.

Rank is an important component of the Armed Forces. But it is worth remembering that the position occupied by the latter is decisive in the primacy between the subordinate and the boss.

The rank can be understood as a kind of service skill, corresponding to which a soldier or officer is awarded certain powers and privileges. The military rank is issued solely for services to the Fatherland, which allows you to divide decent military personnel and not so much in the army.

At the moment, there are two types of ranks in the army of the Russian Federation:

• combined arms;
• ship.

The first are assigned to persons serving in the infantry and air force ranks of the troops. The latter belong to the military who serve in the Russian Navy. A mandatory attribute of the rank is the type of armed forces in which the person is. For example, a serving colonel in the guards unit is assigned to the rank of the addition of "guards", that is, "guards colonel". For people who are assigned to legal or medical units, the concept of "justice" or "medical service" is added to the rank, respectively.

When a member of the armed forces retires or retires, he retains his rank, but the accompanying definition is "retired" (retired captain or retired colonel).

The procedure for conferring military ranks

To obtain the next rank, it is necessary to voluntarily enter the Armed Forces of the Russian Federation, join by conscription or graduate from a special higher educational institution.

Service life also plays an important role in the awarding of military ranks to military personnel. After serving a certain period, a soldier receives the next rank. Within the framework of his authority, an official can also assign a title if he considers it necessary.

Persons liable for military service, for whom sergeant and foreman ranks are provided, they are issued based on the results of successful completion of service training.

The assignment of military ranks by presidential decree is also possible, but for this officer to be presented by his current superior, reporting on this.

Obtaining regular military ranks

For enlisted personnel, in order to receive the next rank, it will be necessary to serve a certain period of time.

• senior soldier or sailor - 5 months;
• junior sergeant - 1 year;
• sergeant - 2 years;
• and ensign - 3 years.

During this period, the service of a soldier should take place without disciplinary sanctions, and the rank will be awarded only after passing the test according to the service program.

The next rank assigned to the officers also depends on the period of service. The terms for conferring military ranks to officers are calculated in years. The higher the position and rank, the more time it will take to get a new one:

• for a "junior lieutenant" this period is two years;
• the assignment of the military rank of "lieutenant" and "senior lieutenant" occurs after three years of service;
• four years will be required to obtain a "captain" ("lieutenant commander") and a "major" ("captain of the 3rd rank");
• "lieutenant colonel" or "captain 2nd rank" can only be obtained after five years of service.

Who is not assigned the next military ranks?

Stars on shoulder straps do not shine for military officers if they:

• were involved as an accused in a criminal case or it was initiated against them (before the end of the proceedings);
• are at the disposal of the chief (commander);
• committed a disciplinary offense (before the application of a measure of responsibility);
• submitted for early dismissal under Art. 51 Federal;
• checked for accuracy and completeness of information on income and expenses, on property and property obligations;
• suspended military service;
• stay in places of detention and serve a criminal sentence;
• the conviction has not been expunged.

Assignment of an extraordinary military rank

In addition to the refusal to receive the next military rank, as part of the award, soldiers or officers can be assigned to an extraordinary rank.

You can get the coveted stars for shoulder straps ahead of time only by decision of the leadership in whose department the soldier is serving. This happens very rarely, because the dominant person performs such actions only at his own discretion.

If an officer or soldier participated in special operations, showed himself in an emergency, his subordinates showed excellent results in training and combat training, then as an encouragement, the current commander can assign him an extraordinary military rank.

Deprivation of the title

The Armed Forces of the Russian Federation have a system of rewards and punishments for their subordinates. A serviceman can not only be deprived of the next rank, but also lowered in the existing one.

This happens in grave and especially grave misconduct on the part of the military, of which only the court can accuse him. After a guilty verdict is passed, the military may be demoted and deprived of existing social benefits and privileges.

After the repayment of a criminal record in the rank and position, you can be restored by submitting an appropriate application to the military registration and enlistment office. However, there is no guarantee that the Armed Forces will accept a former soldier back to the same position and in the same rank.

If an officer or soldier was convicted unfairly, then after rehabilitation he will be automatically reinstated in position and rank.

Military rank is an integral attribute of the Armed Forces of the Russian Federation, the history of which can be traced back to the beginning of the 16th century. The assignment of a military rank can be either regular (after the expiration of a certain period of service) or extraordinary (for special services to the Fatherland and the quality of service).

In the process of serving, the military must observe strict subordination, the violation of which may result in liability, up to criminal liability, depending on the severity of the offense committed. After a guilty verdict is passed, a serviceman may be demoted in rank and deprived of his position, which is not easy to restore. A responsible attitude to military duties is the key to a healthy army.

Article 41 of the RF Armed Forces Administration stipulates that rewards: "assignment of the military rank of corporal, senior sailor"; "assignment of the next military rank ahead of schedule, but not higher than the military rank provided by the state for the military position held"; "assignment of a military rank one step higher than the military rank provided by the state for the military position held, but not higher than the military rank of major, captain of the 3rd rank, and to a soldier who has an academic degree and (or) an academic rank, holding a military position of a teaching staff in military educational institution of vocational education, not higher than the military rank of colonel, captain of the 1st rank" - are applied to military personnel for special personal merits.

Article 46 of the Federal Law "On military duty and military service" provides for the composition of military personnel and military ranks. The seniority of military ranks is determined by the sequence of their enumeration in the specified article of the named Federal Law from the military rank "private" ("sailor") to a higher one.

Military and naval military ranks corresponding to each other are considered equal. So, the military military rank "corporal" corresponds to the ship's military rank "senior sailor".

As mentioned above, a soldier may be awarded a military rank for special personal merit.
No normative definition of special personal merits has been established, however, they are usually understood as a conscientious lawful act associated with the "over-fulfillment" by a specific military person of his duties or with the achievement of a generally recognized useful result and serving as the basis for the application of encouragement. Merit is characterized not only by external, i.e. objective, action, but also internal, i.e. subjective, attitude to the act, the presence of positive goals and motives for the behavior of a serviceman, i.e. an act that formally falls under the indicated signs, but committed upon achieving negative (for example, illegal) goals and in the presence of negative motivation, cannot serve as a basis for the application of the specified encouragement. The motive is an internal urge to action * (77). The concept of "merit" was considered in more detail in § 1 of this chapter.

The military rank of corporal (senior sailor) can be awarded as a reward for special personal merit to a soldier holding a military position for which the state provides for the military rank of private or sailor (clause 12, article 22 of the Regulations on the procedure for military service), therefore it is not is regular and no deadlines have been set for it (clause 2, article 22 of the Regulations on the procedure for military service).
This encouragement, in accordance with Art. 23 DU of the Armed Forces of the Russian Federation can be used by military officials from the commander of a separate battalion (ship of 2nd and 3rd rank) and above, as well as the commander of a separate military unit, using in accordance with Art. 11 DU RF Armed Forces by the authority of the battalion commander, i.e. officials who have the right to issue orders on personnel (in accordance with subparagraph "a" of paragraph 73 of the Guidelines for the recruitment of the Armed Forces of the Russian Federation by soldiers, sailors, sergeants and foremen, approved by order of the Minister of Defense of the Russian Federation dated January 16, 2001 N thirty).
It is advisable to initiate a petition for the assignment of the specified military rank to the platoon commander. It must be borne in mind that for conscripted military personnel who have leadership qualities, but do not occupy the positions of junior commanders, this encouragement is quite significant, since it gives them the opportunity to officially acquire seniority over their colleagues, to assist in the management of personal squad commanders and deputy platoon commanders.
The military rank of junior sergeant (foreman, article 2) is awarded to a serviceman who has successfully completed training in a military unit under the training program for sergeants or foremen (clause 13, article 22 of the Regulations on the procedure for military service).
Early assignment of the next military rank applies to military personnel of all categories, including those undergoing military service by conscription, but not higher than the military rank provided by the state for the military position (position) held. The exception is two categories of military personnel: colonel-generals (admirals) and army generals (fleet admirals), to whom this type of encouragement does not apply, since the terms of military service in military rank are not established for them (clause 3, article 22 of the Regulations on Order military service).
Paragraph 4 of Art. 47 of the Federal Law "On military duty and military service", as well as paragraph 10 of Art. 22 Regulations on the procedure for passing military service do not contain restrictions on the period of service in the previous military rank when deciding on early assignment of the rank.
It should be noted that in accordance with sub. "d" paragraph 2 of Art. 26 of the Regulations on the procedure for passing military service, one of the main tasks of attestation of military personnel is to present military personnel for the assignment of regular military ranks ahead of schedule or one step higher than their military position.
In the Armed Forces of the Russian Federation, certification is carried out in accordance with the Procedure for organizing and conducting certification of military personnel serving under a contract in the Armed Forces of the Russian Federation, approved by order of the Minister of Defense of the Russian Federation dated February 29, 2012 N 444.
To conduct certification, as well as to resolve other issues of military service in military units, certification commissions are created from a separate battalion, equal to it and above.
The attestation commission is accountable to the commander of the military unit in which it was created.
At a meeting of the attestation commission, in particular, submissions for the assignment of the next military rank ahead of schedule or one step higher than the military position held are considered, while the attestation sheet is not compiled.
To make a decision by the commander of the military unit, the attestation commission issues a written opinion based on the results of the reviewed submission.
During the meeting of the attestation commission, the secretary of the commission must without fail keep the minutes of the meeting of the attestation commission in writing and preferably with a detailed reflection of the course of the meeting and all the issues considered in it. An example form is shown below.

meetings of the attestation commission ___________________________
(name of military unit)

Chairman of the Commission ______________________________________________


surname, initials)
Members of the commission: __________________________________________________________
(military position, military rank,
____________________________________________________________________
surname, initials)
Commission Secretary _________________________________________________
(military position, military rank,
____________________________________________________________________
surname, initials)

As a controversial point in the issue of attestation of military personnel in the Armed Forces of the Russian Federation, the content of par. 2 p. 6 art. 26 of the Regulations on the procedure for passing military service: when a serviceman is presented for awarding a state award of the Russian Federation, conferring a military rank ahead of schedule or one step higher than his position, an attestation sheet is not compiled, i.e. a serviceman is certified, but without compiling a certification sheet. In these cases, the presentation (award list) * (78) is considered by the attestation commission. A.M. draws attention to this circumstance. Terekhin, noting that this norm is repeated in the new order of the Minister of Defense of the Russian Federation on the procedure for organizing and conducting certification of military personnel * (79).
However, in fact, the presentation (award sheet) is the same certification sheet containing a review, a characterization of a serviceman, an assessment of his business, personal and moral qualities, the process and results of his official activities, etc.
It should be noted that the execution of these documents carries the risk of corruption.
For example, an award sheet for a serviceman is submitted for consideration by the attestation commission of a military unit. Only this candidacy can be considered by the attestation commission, even if the members of the commission believe that another serviceman is more worthy of the award.
A completely logical question immediately arises: "By whom and on whose instructions was the award sheet prepared for this particular serviceman?"
Of course, the award list was prepared by the personnel body by decision of the commander of the military unit (or at the direction of higher military command and control bodies).
However, such instructions are very far from an objective assessment of the activities of a serviceman presented for awarding and are based on a subjective opinion, i.e. discretion or discretion of the relevant military official without regard to the opinion of the attestation commission.
In practice, this approach leads to the fact that the attestation commissions practically do not participate in solving the most important tasks of certification, turning into a formal body that is not notified at all about the appointments and awards (assignments) made, or the members of the attestation commission are offered to sign under the already prepared, and often already implemented by the decision of the commander (chief) of the military unit.
The new order of the Minister of Defense of the Russian Federation on the procedure for organizing and conducting certification of military personnel "did not break" this negative trend * (80).
An important condition is also the established paragraph 10 of Art. 26 of the Regulations on the procedure for performing military service, the right of a serviceman to appeal the attestation conclusions (objectivity, legality) and the procedure for conducting attestation to a higher commander (chief) within a month from the date of the announcement of the results of attestation (decision on submission), as well as to the court (exemplary forms of complaints on these questions are given in Appendix 7 to this edition).
The submission for the assignment of a military rank is issued ahead of schedule in accordance with paragraph 12 of the Instructions for organizing the passage of military service by officers and warrant officers (warrant officers) in the Armed Forces of the Russian Federation, approved by order of the Minister of Defense of the Russian Federation of September 30, 2002 N 350, on a standard form in the form in accordance with Appendix No. 3 to the specified Instruction.
Application of encouragement "assignment of the next military rank one step higher than the military rank provided for by the current position, to major, captain of the 3rd rank, and to a serviceman who has an academic degree and (or) an academic rank, holding a military position of a teaching staff in a military educational institution of vocational education, not higher than the military rank of colonel, captain 1st rank":
- in respect of it is carried out by the Minister of Defense of the Russian Federation, the head of the federal executive body in which military service is provided;
- in relation to ensigns (midshipmen) it is carried out by the commander of the army (flotilla), the commander of the troops of the military district, front, fleet, equal to them and above (paragraph "e" of article 26 and article 29 of the command of the Armed Forces of the Russian Federation);
- in relation to sergeants (foremen), it is carried out by the regiment commander (commander of a separate battalion, commander of a separate military unit), equal to and higher), but not higher than the military rank of foreman (chief ship foreman) - paragraph 4 of Art. 23 Regulations on the procedure for military service.
Thus, encouragement in the form of conferring the next military rank one step higher than the military rank provided for by the state for the military position held can be applied to all categories of military personnel, with the exception of the highest, but also for special personal merits (Article 41 of the Administrative Code of the Armed Forces of the Russian Federation) . The term of military service in the previous military rank, established by paragraph 2 of Art. 22 Regulations on the procedure for military service.
The procedure for issuing a submission for conferring a military rank one step higher is similar to the procedure for conferring a military rank ahead of schedule.
According to paragraph 2 of Art. 22 of the Regulations on the procedure for passing military service, the terms for serving in military ranks are as follows: private (sailor) - five months; junior sergeant (foreman 2nd article) - one year; sergeant (foreman of the 1st article) - two years; senior sergeant (chief foreman) - three years; ensign and warrant officer - three years (a military rank higher than the military rank of senior warrant officer or senior midshipman cannot be awarded to the specified military personnel (clause 4 of article 23 of the Regulations on the procedure for military service); junior lieutenant - two years; lieutenant - three years; senior lieutenant - three years; captain, captain-lieutenant - four years; major, captain of the 3rd rank - four years; lieutenant colonel, captain of the 2nd rank - five years.
The term of military service in the military rank of lieutenant for military personnel undergoing military service under a contract who graduated from a military educational institution full-time for a period of five years or more is set to two years (clause 4, article 22 of the Regulations on the procedure for military service).
The military rank of a senior officer may be awarded to a serviceman after at least two years of his military service in the previous military rank and at least one year in the military position (position) occupied, subject to replacement by senior officers. The terms of military service in the military rank of Colonel General (Admiral) and General of the Army (Admiral of the Fleet) are not established (clause 3, article 2 of the said Regulations). Military ranks of the highest are assigned to servicemen by the President of the Russian Federation on the proposal of the head of the federal executive body, which provides for military service (subparagraph "a", paragraph 1, article 23 of the Regulations on the procedure for military service).
Another serious shortcoming of the legal regulation of these incentives is that they are currently considered by many officers as being used by commanders by no means always objectively. In this regard, it is necessary to exclude formalism in the preparation of documents for conferring a military rank, to evaluate the merits of a serviceman according to such indicators (objective criteria) as * (81):
- the level of professional training, knowledge of general military charters, instructions, one’s duties for the military post and their fulfillment, readiness to perform duties when transferring from peacetime to wartime and in wartime, improving professional knowledge in the system of command (professional) training and independently , academic degree and academic title, the ability to apply the acquired knowledge in practice, the field of activity in which the certified person showed the greatest abilities and achieved high results, the presence of combat experience;
- personal discipline and diligence, exactingness to oneself and subordinates;
- organization in work, the ability to determine the main direction in ensuring a high level of combat and mobilization readiness, the ability to qualitatively perform assigned tasks, show initiative, quickly navigate and skillfully act in a difficult environment;
- the ability to lead, train and educate subordinate personnel and combine high demands with care for them;
- assessment of the state of the unit (military unit, formation, formation) commanded, or the area of ​​work for which the serviceman is responsible (discipline, staffing level, combat and mobilization readiness, combat training, mastering military equipment and weapons, the state of weapons, military equipment and material and technical means, the state of command (professional) training, the availability of a reserve of candidates for promotion to higher positions, referrals to study and work with them, the quality of work with junior officers, etc.);
- the ability to critically evaluate one's activities, to approach the matter creatively, perseverance in the performance of official duties, authority in the military team, the ability to organize the protection of state secrets, moral and psychological qualities.
The terms of military service in military rank are reduced when military personnel perform tasks in a non-international armed conflict. According to Art. 5 of the Law of the Russian Federation "On additional guarantees and compensations for military personnel serving in the territories of the states of the Transcaucasus, the Baltic States and the Republic of Tajikistan, as well as performing tasks to protect the constitutional rights of citizens in a state of emergency and in armed conflicts" dated July 21, 1993 N 5481- I (with amendments and additions) the time of performing tasks in the conditions of an armed conflict of a non-international character in the Chechen Republic and in the territories of the North Caucasus immediately adjacent to it, classified as an armed conflict zone, is counted in the period of military service by the specified servicemen in military rank on preferential terms - one month of military service for three months.
The periods of performance by military personnel and employees of internal affairs bodies of tasks in a state of emergency and in armed conflicts are documented by orders of commanders of military units, chiefs of staff, operational and other groups (clause 2 of the Decree of the Government of the Russian Federation "On the procedure for establishing the fact that military personnel and other persons perform tasks in conditions of a state of emergency and in armed conflicts and providing them with additional guarantees and compensations" dated March 31, 1994 N 280).
The lists of military units involved in performing tasks in a state of emergency or involved in performing tasks in armed conflicts, as well as the periods for the performance of such tasks by each military unit, are announced by directives of the General Staff of the Armed Forces of the Russian Federation (clause 3 of the order of the Minister of Defense of the Russian Federation dated January 4 1996 N 9) or orders of the FSB of Russia.
A serviceman may be awarded the next military rank up to major, captain of the 3rd rank, inclusive, one step higher than the military rank provided for by his full-time position, for special personal merits. This incentive can only be applied to officers whose term of military service in the assigned military rank has expired (clause 11, article 22 of the Regulations on the procedure for military service).
For example, in practice, questions arise about the assignment of the next military rank of "major" upon dismissal to the reserve for organizational and staff activities (subparagraph "a", paragraph 2, article 51 of the Federal Law "On Military Duty and Military Service") of an officer with the rank " captain", who served from 1990 to 2001. as Deputy Chief of Staff of the Battalion.

In accordance with Art. 47 of the Federal Law "On military duty and military service" the next military rank is assigned to a soldier on the day of the expiration of his military service in the previous military rank, if he holds a military position for which the state provides for a military rank equal to or higher than the military rank, assigned to a soldier.
At that time, the following terms of being in military ranks were in force: captain, captain-lieutenant - three years.
The next military rank to a soldier may be awarded ahead of schedule for special personal merits, but not higher than the military rank provided by the state for his military position.

A serviceman whose term of military service in the assigned military rank has expired may also be awarded a military rank one step higher than the military rank provided for by the state for the military position, but not higher than the military rank of major, captain of the 3rd rank, and a soldier, having an academic degree and (or) an academic rank, holding a military position of a teaching staff in a military educational institution of vocational education - not higher than the military rank of colonel, captain of the 1st rank.
While serving a sentence in the form of restriction in military service or arrest, a serviceman cannot be awarded the next military rank, including ahead of schedule.

1. The next military rank is assigned to a serviceman on the day of the expiration of his military service in the previous military rank, if he occupies a military position (position), for which the state provides for a military rank equal to or higher than the military rank assigned to the serviceman.
By Decree of the President of the Russian Federation of March 19, 2007 N 364, paragraph 2 of Article 22 of this Regulation is set out in a new edition, which comes into force on January 1, 2008.
2. For military service in the following military ranks, terms are established:
private, sailor - five months;
junior sergeant, foreman 2 articles - one year;
sergeant, foreman of the 1st article - two years;
senior sergeant, chief foreman - three years;
warrant officer, midshipman - three years;
junior lieutenant - two years;
lieutenant - three years;
senior lieutenant - three years;
captain, captain-lieutenant - four years;
major, captain of the 3rd rank - four years;
lieutenant colonel, captain 2nd rank - five years.
3. The military rank of a senior officer may be awarded to a serviceman after at least two years of his military service in the previous military rank and at least one year in the military position (position) held, subject to replacement by senior officers.
The terms of military service in the military rank of Colonel General (Admiral) and General of the Army (Admiral of the Fleet) are not established.
Decree of the President of the Russian Federation No. 364 of March 19, 2007 amended paragraph 4 of Article 22 of this Regulation, which shall enter into force on January 1, 2008.
4. The term of military service in the military rank of lieutenant for military servicemen undergoing military service under a contract who graduated from a military educational institution in full-time education with a five-year term and above is two years.
5. The term of military service of military personnel in the assigned military rank is calculated from the day the military rank was awarded.
6. The term of military service in the assigned military rank includes the time spent in military service.
In the specified period, the following is counted:
a) the time of a break in military service in the event of unreasonable prosecution of a serviceman, illegal dismissal of a serviceman from military service and his subsequent reinstatement in military service;
b) the time of suspension of military service;
c) holding time.
7. When a serviceman is appointed to the highest military position (position) at the same time, and if simultaneous registration is impossible - from the date of appointment to the highest military position (position), he is assigned the next military rank if his term of service in the previous military rank has expired, provided that for this military position (position) the state provides for a military rank equal to or higher than the military rank assigned to a soldier.
In this case, the military rank of a senior officer is assigned subject to the requirements of paragraph 3 of this article.
8. A serviceman who has the military rank of an officer and is successfully studying full-time in a military educational institution, postgraduate course, military doctoral studies, the next military rank up to lieutenant colonel, captain of the 2nd rank, inclusive, is assigned on the day of the expiration of his military service in the assigned military rank, regardless of military position (position), which he held before entering the specified educational institution, postgraduate course, military doctoral studies.
9. A serviceman who has the military rank of an officer, who, before entering a military educational institution, postgraduate course, military doctoral studies, held a military position (position), for which the state provides for the military rank of colonel, captain of the 1st rank or higher officer, the next military rank up to colonel, captain Rank 1 inclusive is assigned in accordance with the military post (position) held before entering the specified educational institution, postgraduate course, military doctoral studies after the expiration of the length of service in the assigned military rank.
10. The next military rank to a soldier may be awarded ahead of schedule for special personal merits, but not higher than the military rank provided by the state for the military position (position) he occupies.
11. A serviceman whose term of military service in the assigned military rank has expired, for special personal merits, may be awarded a military rank one step higher than the military rank provided by the state for his military position (position), but not higher than the military rank of major, captain 3 rank.
12. The military rank of corporal (senior sailor) may be awarded as a reward for special personal merit to a soldier holding a military position for which the state provides for the military rank of private (sailor).
13. The military rank of junior sergeant (foreman of the 2nd article) is assigned to a private (sailor) who fills a military position for which the state provides for the military rank of junior sergeant (foreman of the 2nd article) and above, after the expiration of his military service in the previous military rank, as well as a serviceman who has successfully completed training in a training military unit under the training program for sergeants (foremen).
14. While serving a sentence in the form of a restriction in military service or arrest, a serviceman cannot be awarded the next military rank.
15. The time of serving a sentence in the form of restriction in military service or arrest is not included in the term of military service in the assigned military rank.