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In accordance with Part 12 of Article 2 of the Federal Law of July 19, 2011 N 247-FZ "On social guarantees employees of the internal affairs bodies Russian Federation and amendments to certain legislative acts of the Russian Federation" 1 - I order:
1. Approve the attached Procedure for the payment of bonuses for conscientious performance official duties employees of the internal affairs bodies of the Russian Federation.
2. Recognize as invalid paragraphs 33 - 42 of the Regulations on the monetary allowance of employees of the internal affairs bodies of the Russian Federation, approved by order of the Ministry of Internal Affairs of Russia dated December 14, 2009 N 960 2.
4. To impose control over the implementation of this order on the Deputy Ministers, who are responsible for the relevant areas of activity.
Minister General of the Army R. Nurgaliyev
_________________
1 Collection of Legislation of the Russian Federation, 2011, N 30 (Part I), art. 4595; No. 46, art. 6407; Russian newspaper, 2011, December 7th.
2 Registered with the Ministry of Justice of Russia
February 12, 2010, registration N 16404, subject to changes made by orders of the Ministry of Internal Affairs of Russia dated January 12, 2011 N 8 (registered with the Ministry of Justice of Russia
February 8, 2011, registration N 19738) and dated August 1, 2011 N 898 (registered with the Ministry of Justice of Russia on October 28, 2011, registration N 22165).
Application
The procedure for paying bonuses for conscientious performance of official duties to employees of the internal affairs bodies of the Russian Federation
1. Employees of the internal affairs bodies of the Russian Federation 1 are paid bonuses for conscientious performance of official duties 2 at the rate of three monthly salaries.
2. The bonus is paid monthly at the rate of twenty-five percent of the salary of the monetary allowance established by the employee on the 1st day of the month in which the payment is made.
3. The bonus is calculated in proportion to the time the employee performed his official duties in the corresponding calendar month. The calculation period for the payment of the bonus includes the time of study, being on vacation with the preservation allowance, release of an employee from the performance of official duties in connection with temporary disability.
4. The amount of the bonus for each calendar day of service is calculated by dividing the total amount of the bonus for the month, determined in accordance with paragraph 2 of this Procedure, by the number calendar days this month.
5. Employees placed at the disposal federal body executive power in the sphere of internal affairs, territorial authority or subdivision, bonuses may be paid on the basis of the order of the head of the specified body, subdivision, taking into account the actual volume of their official duties within twenty-five percent of the salary.
6. When an employee is transferred to the service within a month, the bonus is paid to him at a new place of service in the amount determined in accordance with paragraph 2 of this Procedure.
7. The bonus is not paid to employees:
a) who are on parental leave until they reach the age of 3 years;
b) temporarily suspended from the performance of official duties on one of the grounds provided for by the Federal Law of November 30, 2011 N 342-FZ "On Service in the Internal Affairs Bodies of the Russian Federation and Amendments to Certain Legislative Acts of the Russian Federation" 3 .
8. Employees dismissed from service in the internal affairs bodies are not paid a bonus in the month of dismissal if the dismissal is made on the following grounds:
a) gross violation service discipline;
b) repeated violation of official discipline if the employee has a disciplinary sanction imposed in writing by order of the head of the federal executive body in the field of internal affairs or an authorized head;
c) refusal of an employee to transfer to a lower position in the internal affairs bodies in the execution of a disciplinary sanction;
d) violation of the terms of the contract by the employee;
e) non-compliance by an employee with restrictions and prohibitions established by federal laws;
e) loss of trust;
g) submission by an employee of forged documents or knowingly false information when entering the service in the internal affairs bodies, as well as the submission by an employee during the period of service in the internal affairs bodies of forged documents or knowingly false information confirming his compliance with the requirements of the legislation of the Russian Federation in terms of conditions replacement of the relevant position in the internal affairs bodies, if this does not entail criminal liability;
h) conviction of an employee for a crime, as well as termination of criminal prosecution against an employee due to the expiration of the statute of limitations, in connection with the reconciliation of the parties, as a result of an amnesty act, in connection with active repentance;
i) committing an offense discrediting the honor of an employee of the internal affairs bodies;
j) violation by an employee of mandatory rules when concluding a contract.
9. Within the limits of the funds for the payment of monetary allowance to employees who successfully perform particularly complex and important tasks, additional one-time bonuses may be paid.
10. The decision to pay a one-time bonus specified in paragraph 9 of this Procedure is drawn up by order of the head of the internal affairs body, organization or unit created to perform the tasks and exercise the powers assigned to the Ministry of Internal Affairs of Russia.
11. With regard to the heads of internal affairs bodies, organizations or divisions created to perform the tasks and exercise the powers vested in the Ministry of Internal Affairs of Russia, and their deputies, the decision to pay a one-time bonus is made by a higher head.
Award for Conscientious and Efficient Execution official duties(hereinafter referred to as the premium) is paid to military personnel undergoing military service under a contract (hereinafter referred to as military personnel), in the amount of up to 3 monthly salaries of a military serviceman (hereinafter referred to as salary salary) per year.
64. The premium is paid monthly. The payment of the premium is made simultaneously with the payment of monetary allowance for the current month.
65. The premium is calculated based on monthly salary soldier in accordance with the assigned military rank and a monthly salary in accordance with the military position held (in the case of a temporary performance of duties in a vacant military position - a monthly salary in accordance with this military position), established on the 1st day of the month for which the bonus is paid.
66. The bonus is paid on the basis of the order of the commander of the military unit in the following amounts:
a) military personnel doing military service under a contract - up to 25 percent of the monthly salary;
b) cadets and students of the military educational institutions vocational education, depending on the results of the last examination session or entrance exams:
- having only excellent grades - up to 25 percent of the monthly salary;
- having only good and excellent grades - up to 15 percent of the monthly salary;
- having satisfactory grades - up to 5 percent of the salary of the monetary content per month.
- The specific amount of the bonus is determined by the results of the performance of military duties in the period for which the bonus is paid.
67. For servicemen who have served for less than a month, the bonus is paid for the time of actual performance of duties in a military position based on the salaries of the monetary content on the day the decision to pay the bonus was made.
68. The bonus is not paid to military personnel:
- serving in the military military units(organizations) where, in accordance with federal laws and other regulatory legal acts of the Russian Federation, a system of bonuses is established for them for the fulfillment and overfulfillment of production targets and other indicators;
- sent outside the territory of the Russian Federation to provide technical assistance and perform other duties;
- during the period of being at the disposal of commanders (chiefs), with the exception of periods of temporary performance of duties by them in vacant military positions;
- dismissed from military service on the grounds specified in paragraphs 1-5, 7-11 of part 4 of article 3 of the Federal Law "On the monetary allowance of military personnel and the provision of individual payments to them."
69. Military personnel are not presented for bonuses:
- having a disciplinary sanction for committed disciplinary offenses;
- having unsatisfactory results in professional position (commander) and (or) physical training;
- committed during the period for which the bonus is paid, violations in the financial, economic and economic activity that caused damage to the Armed Forces and reflected in the acts of audits (inspections of certain issues) of financial, economic and economic activities.
70. In the event of the death of a serviceman, the bonus accrued for the time of his actual performance of duties in a military position in the corresponding month (quarter) is paid to his wife (spouse), in her (his) absence - to adult children living with him, legal representatives (guardians, trustees) or adoptive parents of minor children (disabled from childhood - regardless of age) and dependents of a serviceman, in equal shares or parents in equal shares, if the serviceman was not married and had no children.
In accordance with paragraph 21 of Art. 2 of the Federal Law of November 7, 2011 N 306-FZ "On the monetary allowance of military personnel and the provision of individual payments to them"(hereinafter referred to as the Law) the bonus is set in the amount of up to three monthly salaries (per year). The rules for paying the bonus are determined by the Government of the Russian Federation.
The rules for the payment of bonuses for conscientious and efficient performance of official duties to military personnel serving under a contract (hereinafter referred to as the Rules) were approved by Decree of the Government of the Russian Federation of December 5, 2011 N 993 "On the payment of bonuses to military personnel for conscientious and effective performance of official duties and annual financial assistance".
At present, the practice is quite often used in the field, when a serviceman who has received a disciplinary sanction, firstly, is not paid a bonus at all, and secondly, the bonus is not paid or its size is reduced repeatedly only on the basis of the presence of a previously received disciplinary sanction and in the absence of claims received in the month for which payment is made.
Let's consider this problem in more detail.
According to paragraph 210 of the procedure for providing monetary allowances to military personnel of the Armed Forces of the Russian Federation, approved by Order of the Minister of Defense of the Russian Federation of June 30, 2006 N 200, which has become invalid, commanders (chiefs) had the right to completely deprive military personnel of bonuses for omissions in service and violations of military discipline. It seems that some officials, in fact, continue to be guided by these long-lost norms, while the current Procedure does not contain similar norms.
The premium is not paid in the cases specified in clause 82 of the Procedure, which completely duplicates clause 6 of the Rules.
The list of cases specified in clause 82 of the Procedure is exhaustive and is not subject to broad interpretation. Neither omissions in service, nor disciplinary sanctions are indicated in this list. Accordingly, even in the presence of such, the premium should be paid. The only question is how much. The establishment of this amount in accordance with clause 80 of the Procedure is within the competence of the relevant commander (chief) issuing the order to pay the bonus. Nevertheless, in view of the foregoing, in the case under consideration, it cannot be equal to zero. In addition, size as a concept is a positive quantity.
Unfortunately, neither minimum size awards, nor actually clear legal criteria, by which the quality of the performance of official duties is assessed, is not currently defined, which, of course, creates certain prerequisites for an unreasonably wide discretion officials when deciding whether to pay. In fairness, it should be noted that the development of such criteria is not an easy task.
It does not contain the Procedure and any instructions regarding the minimum and maximum amount by which the premium reduction is allowed. Therefore, in principle, it would be legal to reduce the premium, for example, both by 5% and by 95%.
We also note that reducing the size of the bonus is the right, and not the obligation of the commander (chief). The receipt of a disciplinary sanction by a serviceman does not entail an automatic reduction in the bonus, much less, in view of the foregoing, its deprivation. The penalty is taken into account when determining the amount of the premium. How to take into account is the competence of the relevant official. In the presence of certain conditions(for example, high performance in solving assigned tasks, high-quality and efficient performance of official duties, etc.) the commander (chief) may well come to the conclusion that there is no need to reduce the bonus to the serviceman, even taking into account the disciplinary sanction received by the rewarded person. And it will be absolutely legal.
However, the most interesting issue is the repeated reduction (and in practice more often complete deprivation) of the bonus for the same disciplinary sanction.
As already noted, the previous Procedure for providing monetary allowances to the military personnel of the Armed Forces of the Russian Federation, approved by Order of the Minister of Defense of the Russian Federation of June 30, 2006 N 200, provided for the reduction or deprivation of bonuses on the basis of quarterly reports from immediate superiors, in which specific the reasons that served as the basis for such a decrease (deprivation). Referring to the disciplinary sanction received in the quarter for which the bonus was made, as the reason for reducing (depriving) the bonus to the serviceman, the immediate superiors, when submitting a report on bonuses for another quarter, did not repeatedly refer to the same reason as a matter of course. After all, the soldier, as they say, has already received his. It would seem that the continuity of this approach should have been preserved and reflected in the Order. However, the latter, as already noted, does not provide for the filing of such reports, and as a result of the incorrect, in the opinion of the author, interpretation by the relevant commanders (chiefs) of clause 80 of the Procedure, a practice has developed according to which all outstanding disciplinary sanctions are taken into account when determining the amount of the bonus.
This approach seems unreasonable for the following reasons:
Firstly, a disciplinary offense from the moment of its discovery and suppression, as a rule, cannot affect the quality and efficiency of the performance of official duties by the person who committed it in the future.
Secondly, despite the fact that the deprivation of a bonus, strictly speaking, is not a measure of disciplinary action, its repeated reduction (deprivation) on the sole basis that a serviceman has an unremoved disciplinary sanction is, in fact, nothing more than repeated punishment (punishment in rubles) for one and the same offense.
Thirdly, since, according to clause 80 of the Procedure, the specific amount of the bonus depends on the quality and efficiency of the performance of military duties in the month for which the bonus is paid (i.e., the bonus, in fact, is paid based on the results of work for the month), then, accordingly, the presence an unremoved disciplinary sanction for an offense committed outside the bonus period, in itself does not affect the quality and efficiency of the performance of official duties during this period and cannot serve as a basis for reducing (depriving) the bonus. Therefore, the provision of paragraph 80 of the Procedure "taking into account having disciplinary action for committed disciplinary offenses", according to the author, should be understood only as "taking into account the existing disciplinary sanctions for disciplinary offenses committed in the month for which the bonus is paid".
Fourth, according to Art. 2 of the Law, the bonus is an integral part of the monetary allowance of military personnel. Therefore, reducing its size to a serviceman who conscientiously performed his duties in the month for which the bonus is paid, only on the grounds that earlier (outside the bonus period) he received a disciplinary sanction, is nothing more than wage discrimination, prohibited Art. 37 of the Constitution of the Russian Federation.
For comparison, we also note that at present, military personnel and civilian personnel receive additional material incentives in in the form of additional payments (bonuses) based on the results of service (work). This Procedure was approved by Order of the Minister of Defense of the Russian Federation of July 26, 2010 N 1010 "On additional measures to improve the efficiency of the use of monetary allowance funds for military personnel and remuneration of civilian personnel of the Armed Forces of the Russian Federation."
According to clause 7 of the specified Procedure, the specific sizes of the additional financial incentives are determined within the limits of the volume of budgetary funds allocated for the indicated purposes, based on the results of the performance by military personnel and civilian personnel of official duties during the period for which additional material incentives are provided. At the same time, the issuance of orders for the payment of additional material incentives to military personnel and civilian personnel is carried out on the basis of reports submitted by direct commanders (chiefs, leaders).
It has already been said above that there are no clear regulatory criteria for assessing the quality and effectiveness of the performance of official duties used in deciding on bonuses, just as there were and are no regulatory criteria for assessing the results of their performance, taken into account when paying for material stimulation. The discretion of officials when deciding on the amount of additional financial incentives was (and in principle remains) so wide that it generated (and generates) numerous complaints from both military personnel and civilian personnel, which readers are well aware of.
In accordance with clause 11 of the Procedure approved by Order of the Minister of Defense of the Russian Federation of July 26, 2010 N 1010, the following are not presented for additional financial incentives:
- military personnel receiving additional monetary incentives in accordance with federal law on the federal budget for the respective year;
- military personnel who have a disciplinary sanction for gross disciplinary offenses committed during the period for which additional payment, as well as having unsatisfactory results in professional position (commander) and physical training;
- persons of civilian personnel who have a disciplinary sanction for failure to perform or improper performance due to their fault of the labor duties assigned to them;
- military personnel and civilian personnel who committed violations in financial, economic and economic activities that caused damage to the Armed Forces of the Russian Federation and are reflected in the acts of audits (checks of certain issues) of financial, economic and economic activities, as well as commanders (chiefs, leaders), those who did not make a decision on the violations in the specified activities and measures to compensate for damage in accordance with their official powers.
As we can see, "persons" known to us also appear here: disciplinary sanctions, the results of inspections on professional and official (commander's) and physical training. True, we are already talking about unsatisfactory results. And they do not affect the amount of financial incentives, but are grounds for refusing to pay it. In addition, the results of the latest inspections are taken into account, regardless of when they were carried out - during the bonus period or beyond.
As for disciplinary sanctions, as we see, penalties are subject to accounting only for gross disciplinary offenses committed by military personnel only during the bonus period.
