The Orientir magazine editorial office receives a lot of letters, the authors of which ask for more detailed information about the legal acts on the basis of which participants in armed conflicts are granted benefits and guarantees. We turned to our non-staff legal adviser Oleg TSUKANOV for a comment.

Now we are already talking about the war in Chechnya in the past tense. Yes, indeed, the de jure and de facto "armed conflict in the Chechen Republic" is over. However, during this time, a significant category of persons entitled to social protection in connection with participation in the aforementioned conflict has appeared. This category of persons, in particular, includes military personnel who served under conscription or contract in the context of this conflict, civilian personnel of law enforcement ministries who took part in restoring constitutional order on the territory of the Chechen Republic, and others. Social protection standards for participants in the armed conflict in Chechnya and their family members, military personnel and persons who took part in the armed conflict on the territory of the Chechen Republic are contained in several federal laws, regulations of the President and Government of the Russian Federation, as well as in separate orders of the Ministry of Defense of the Russian Federation and the heads of other law enforcement ministries and departments. In this regard, the search for legal information on the size and content of "Chechen benefits" for interested parties is noticeably difficult.

In this article, we will focus on the main benefits, guarantees and compensations provided by the current legislation for these categories of citizens, while providing links to the main regulatory legal acts.

Decree of the Government of the Russian Federation No. 280 of March 31, 1994 "On the procedure for establishing the Facts of military personnel and Other persons Performing tasks in a state of emergency and in armed conflicts and Providing them with Additional Guarantees and Compensations" extended benefits, guarantees and compensations to military personnel and persons who participated in an armed conflict on the Territory of the Chechen Republic The Law of the Russian Federation "On additional guarantees and compensations for military personnel serving in the territories of the Transcaucasus, Baltic States and the Republic of Tajikistan".

In short, the list of benefits, guarantees and compensations that apply to military personnel who participated in an armed conflict on the territory of the Chechen Republic, in accordance with the above-mentioned law, is as follows.

Military personnel serving under a contract:

- permanently or temporarily performing tasks in a state of emergency and in armed conflicts for the period of performing these tasks, salaries for military positions and salaries for military ranks are established in double amounts;

- military personnel undergoing conscription in a state of emergency and in armed conflicts are assigned salaries for military positions in the 1st-4th tariff categories and monthly allowances and cash payments according to the norms provided for military personnel undergoing military service under a contract in positions to be replaced by soldiers and sailors, sergeants and petty officers, and upon dismissal from military service, they are paid a one-time allowance in the amount of two salaries for their military position;

- for military personnel performing tasks in a state of emergency and armed conflicts, one month of military service for three months is counted in the length of service and work experience for the purpose of assigning a pension.;

- family members of military personnel who died while performing tasks under a state of emergency and during armed conflicts are subject to the benefits, guarantees and compensations applicable to family members of military personnel who died in the Great Patriotic War;

- provision of additional leave to military personnel performing tasks under a state of emergency and in armed conflicts,

- 10 calendar days for every three months of military service. Travel time to and from the place of vacation is not included in the vacation period;

- military personnel undergoing military service on conscription, after six months of performing tasks in a state of emergency and in armed conflicts, are granted an additional short-term leave: foremen and sergeants

- 30 calendar days, soldiers and sailors - 25 calendar days. Travel time to and from the place of vacation is not included in the vacation period;

- military personnel who have served conscripted military service in a state of emergency and armed conflicts are admitted to their chosen military educational institutions of professional education, including educational institutions of the Ministry of Internal Affairs of the Russian Federation, without entrance examinations, provided that they meet all other requirements for professional selection and admission to these educational institutions, and to civil educational institutions of professional education - out of competition;

- providing, in the presence of medical indications, a priority admission to medical and health-improving institutions of the relevant federal executive authorities;

- payment of monetary compensation in the amount of the ticket price in cases of non-provision of vouchers to military personnel who served in a state of emergency and during armed conflicts;

- extension of the rights and benefits established by the legislation of the Russian Federation for disabled persons of the Great Patriotic War to the specified military personnel who have become disabled as a result of injuries, contusions, illnesses received as a result of performing tasks in the conditions of non-international armed conflict in the Chechen Republic and in the territories of the North Caucasus immediately adjacent to it, assigned to the zone of armed conflict;

- annual provision of children of military personnel who died (died), went missing, or became disabled in connection with performing tasks in the conditions of non-international armed conflict in the Chechen Republic and in the territories of the North Caucasus immediately adjacent to it, assigned to the zone of armed conflict, at the expense of federal executive authorities, with free vouchers to children's health-improving institutions;

- payment of monetary compensation in the amount of their cost in cases of failure to provide the specified vouchers.

Decree of the President of the Russian Federation No. 861 of June 12, 1996 "On additional measures for the social protection of family members of military personnel, employees of the Internal Affairs bodies of the Russian Federation and citizens sent to Restore the Economy and social sphere of the Chechen Republic who went missing while performing tasks in the conditions of armed conflict in the Chechen Republic" (announced for management by Order of the Ministry of Defense of the Russian Federation No. 861 of June 12, 1996). 380 dated 24.09.96) monthly payments were established:

- minor children (disabled from childhood, regardless of age), disabled spouses and parents of military personnel, employees of the internal affairs bodies of the Russian Federation and citizens sent to restore the economy and social sphere of the Chechen Republic who went missing while performing tasks in the conditions of armed conflict in the Chechen Republic - benefits in the amount of the minimum wage established by the legislation of the Russian Federation to everyone;

- families of conscripted military personnel who have gone missing while performing tasks in the context of armed conflict in the Chechen Republic, in the amount of salaries for their military positions in the amounts provided for military personnel serving under contract in the relevant military positions. It is stipulated that these payments are made before the recognition of military personnel, employees of internal affairs bodies and citizens as missing in the prescribed manner and the appointment of a survivor's pension, declaring them dead, or before their appearance or discovery of their place of stay.

This normative act simultaneously provides for the payment to the families of military personnel, employees of internal affairs bodies and citizens who went missing while performing tasks in the context of armed conflict in the Chechen Republic, a one-time allowance in the amount of 10 times the minimum wage established by the legislation of the Russian Federation on the day of payment of this assistance.

Also, family members of military personnel, employees of internal affairs bodies and citizens are granted benefits provided for by the legislation of the Russian Federation until these persons are recognized as missing (declared dead) in accordance with the established procedure, or until their appearance or the discovery of their place of stay.

Decree of the President of the Russian Federation No. 863 of June 12, 1996 "On the rights and benefits of military personnel performing tasks in the conditions of armed conflict in the Chechen Republic "(announced for management by Order of the Ministry of Defense of the Russian Federation No. 380 of September 24, 1996) for military personnel performing tasks in the conditions of armed conflict in the Chechen Republic, :

- military personnel undergoing conscription and performing tasks in the conditions of armed conflict in the Chechen Republic, payment of insurance amounts for mandatory state personal insurance of military personnel based on the monthly salary for a military position established on the day of their payment for military personnel undergoing contract military service in the relevant military positions.

Decree of the President of the Russian Federation No. 1213 of December 3, 1995" On dismissal from military service and additional social protection measures for military personnel taking (taking) direct part in combat operations and performing (performing) tasks in armed conflicts " established the following benefits::

- military personnel who have received injuries, contusions, injuries or illnesses in connection with direct participation in combat operations and performing tasks in the conditions of armed conflicts in the Chechen Republic, the time of their continuous stay for treatment in hospitals and other medical institutions is counted in the length of service (work experience) for the purpose of assigning a pension under the conditions established by federal legislation for military personnel performing tasks in situations of armed conflict;

- the above privilege applies to employees of the internal affairs bodies of the Russian Federation who take (have taken) direct part in combat operations and perform (have performed) tasks in the context of armed conflicts in the Chechen Republic.

Decree of the President of the Russian Federation No. 1202 of August 17, 1996 "On the terms of military service of citizens undergoing military service on conscription and performing (performing) tasks in armed conflicts" (procedure for dismissal from military service of military personnel of the Armed Forces of the Russian Federation undergoing military service on conscription and performing (performing) tasks in armed conflicts approved by Order of the Ministry of Defense of the Russian Federation No. 337 of 17.09.1996), the following benefits are established::

- citizens undergoing military service on conscription and performing (performing) tasks in conditions of armed conflicts, including those who are (were) treated in medical institutions due to wounds, contusions, injuries or diseases received during the performance of these tasks, the time of performing these tasks and the time of continuous stay for treatment is counted in the term of military service. conscription service at the rate of: one day of completing tasks (being treated in a medical institution) for two days of military conscription service.

In accordance with Appendix 2 of the Order of the Ministry of Defense of the Russian Federation No. 9 of January 4, 1996 "On providing additional guarantees and compensations to military personnel of the Armed Forces of the Russian Federation serving in the territories of the Transcaucasus, Baltic States and the Republic of Tajikistan, as well as performing tasks in a state of emergency or in armed conflicts", armed conflicts, additional guarantees and compensations are provided:

1) payment of a percentage superannuation bonus from increased salaries of monetary support. Other salary increases (including those for service in remote and difficult climatic areas), allowances, allowances, remuneration and insurance amounts are calculated from salaries of monetary support without taking into account their increase by 2 times;

2) payment to soldiers, sailors, sergeants and petty officers undergoing military service on conscription (hereinafter-military personnel undergoing military service on conscription):

- salaries for military positions in the amounts established for military personnel serving under a contract in positions to be replaced by soldiers, sailors, sergeants and petty officers:

according to the 1st tariff category-those appointed to positions in which for military personnel undergoing training. military service on conscription, provided for by the state I-II tariff categories;

according to the second tariff category-appointed to positions for which the state provides for III - IV tariff categories for military personnel undergoing military service on conscription;

according to the third tariff category - appointed to positions for which the V tariff category is provided by the state for military personnel undergoing military service on conscription;

under the IV tariff category - appointed to positions for which the state provides for the VI tariff category for military personnel undergoing military service on conscription;

3) payment of travel allowance (field money or per diem allowance) to military personnel (other than conscripted military personnel) sent as part of a military unit or seconded to perform relevant tasks in a state of emergency or in armed conflicts (outside the permanent deployment points of the military unit where they serve) according to the established standards for the entire business trip period;

4) military personnel assigned to military units or seconded to perform tasks in a state of emergency and armed conflicts, for the entire period of performing these tasks, shall retain the payment of increased salaries, allowances and remuneration received at the place of permanent service.

Federal Law" On the Status of Military Personnel " No. 76-FZ of May 27, 1998 summarizes a peculiar result of standard-setting activities in the field of legislation on military service for the period that has passed since the adoption of the previous Law of the Russian Federation "On the Status of Military Personnel"in 1993. The new Federal Law regulates, among other things, basic benefits, guarantees and compensations for military personnel who took direct part in combat operations and performed (performed) tasks in armed conflicts.

1) In accordance with paragraph 6 of Article 2 of the said Law "to military personnel ... federal constitutional laws, federal laws, and other regulatory legal acts of the Russian Federation establish additional benefits, guarantees, and compensations for veterans who performed military service in a state of emergency and armed conflicts."

2) In accordance with paragraph 5 of Article 11 of the said Law, military personnel who took direct part in combat operations and (or) performed tasks in armed conflicts are granted an additional leave of 15 days.

3) In accordance with clause 4 of Article 16 of the said Law, military personnel who have received an injury (wound, injury, contusion) or illness while performing their military service duties, after hospital treatment, are granted the right to receive vouchers to medical institutions of the Ministry of Defense of the Russian Federation and other law enforcement agencies on an extraordinary basis.

4) In accordance with clause 5 of Article 16 of the said Law, military personnel dismissed from military service as a result of an injury (injury, injury or contusion) or other illness received in the performance of their duties in military service are granted the right to free medical care in military medical institutions of the Ministry of Defense of the Russian Federation (other ministries and departments where service).

5) In accordance with Article 18 of the said Law, military personnel who have received an injury (wound, injury, contusion) or illness while performing their military service duties are paid benefits and compensations for mandatory state personal insurance of military personnel in accordance with the procedure and amounts determined by federal legislation.

6) In accordance with paragraph 2 of Article 20 of the said Law, " family members of a serviceman who moves to their chosen place of residence in connection with the death (death) of a serviceman have the right to free transportation of up to 20 tons of personal property in containers by rail, and where there is no railway transport, by other means of transport (with the exception of air). In the case of transportation of personal property in a separate car, baggage and small shipment, they are reimbursed for the actual costs, but not higher than the cost of transportation in a container weighing 20 tons.

In case of death (death) of a serviceman, his family members (but not more than three people) are entitled to free travel to the place of burial and back. One of the family members of a deceased serviceman buried on the territory of the Russian Federation has the right to free travel to and from the place of burial once a year."

7) In accordance with clause 5 of Article 23 of the said Law, citizens who have become disabled as a result of an injury (injury, injury or contusion) or who have received an illness while performing their military service duties are entitled to receive an interest-free loan for the purchase of housing or durable goods in accordance with the procedure and amounts determined by the Government of the Russian Federation.

8) In accordance with Article 24 of the said Law, family members of military personnel who have lost their breadwinner have the following benefits::

- the right to receive a survivor's pension in the amount determined by the legislation on pension provision for military personnel;

- the right to remain in the residential premises occupied by them or to provide other comfortable housing free of charge;

- the right to better housing conditions;

- preferential right to receive land plots for individual housing construction, to be accepted into horticultural associations and cooperatives, the right to receive preferential loans for individual housing construction, etc.;

- the right to carry out major repairs of residential buildings by the forces and means of local self-government bodies;

- the right to exemption from paying taxes on the property of individuals, from vehicles passing into their ownership in the order of inheritance, as well as from paying land tax;

- the right, when calculating the amounts of income tax, to reduce the total income received by family members of a deceased (deceased) serviceman who served under a contract in the taxable period, by the amount of income not exceeding for each full month during which the income was received, 3 times the minimum wage established by federal law;

- the right to retain communal benefits for housing payments, telephone installation, improvement of housing conditions and other benefits that they had on the day of death of military personnel;

- the right to provide parents, spouses and minor children of military personnel with free medical care and a preferential right to social security in the state system of social services.

In this article, it would be possible to quote excerpts from some other normative acts, refer to some other, parallel norms, but this hardly makes sense.

Above, we have given (and partially analyzed) almost all the current rules on benefits for persons who took part in military operations on the territory of the Chechen Republic.

It is obvious that most of these norms are directly related to funding from the federal budget or their content provides for funding according to the estimates of the Ministry of Defense of the Russian Federation or other law enforcement agencies.

Unfortunately, both the first and second options for financing the implementation of the above-mentioned benefits, guarantees and compensations are impossible in modern conditions, and the "letter of the law" is just a letter.

The state, represented by its legislative and executive bodies, should fully realize that every serviceman or any other person who finds himself in the millstones of combat operations, who puts his life at risk on a daily basis, and their family members should be guaranteed certain benefits and compensations that could at least partially reduce the severity of losses, as well as compensate for the fact that disability and, most importantly, to ensure a decent life for all those who have returned from the battlefields.

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