The military service contract: signing, extension and disputed terms

What is happening

Contracts are signed in a hurry. You are given the text for a few minutes, the term and the post are already filled in, and there is no comfortable moment to ask questions. A year later it turns out the term is not the one you were promised verbally, or that the post and unit in the contract do not match where you actually serve.

The second common case is extension. You are simply informed that the contract has been extended, your application for discharge is not accepted, and the commander points to an order or a decision. None of this can be sorted out without the documents in hand, and units are reluctant to issue a copy of the contract.

The opposite also happens: you want to sign a new contract and are refused, after an attestation review, on health grounds or because of a penalty. A refusal must be reasoned and set out in writing, and it can be tested.

What the law says

• The law on military duty and military service (Federal Law 53-FZ) sets out who may sign a contract, for what term, and who signs on behalf of the state.
• The law on the status of service personnel (Federal Law 76-FZ) fixes the rights a contract cannot cut back: service pay, leave, housing guarantees and medical care.
• A term that contradicts Federal Law No. 53-FZ of 28 March 1998 on Military Duty and Military Service or the Regulation on the Procedure for Military Service has no effect, even if you signed it. Your signature does not make an unlawful term lawful.
• The term of the contract, the post and the place of service are essential terms. They cannot be changed unilaterally, and a transfer requires a separate decision.
• An extension or an early discharge is possible only on grounds named directly in Article 51 of Law No. 53-FZ, including a finding of unfitness by a military medical board.
• A refusal to sign a new contract is recorded in a decision of the attestation commission or of the commander, and it can be challenged up the chain of command and in a military court.

What we do

• We read your contract and its annexes, compare them with the extract from the order and your service record, and show you where they diverge.
• Before you sign, we explain what term, duties and restrictions you are taking on, and what Law No. 76-FZ on the Status of Servicemen gives you regardless of the wording.
• We draft applications and formal requests: for a copy of the contract, stating your objection to an extension, or seeking discharge on an existing ground.
• We challenge attestation commission decisions and refusals to sign a new contract, both with higher command and in a military court.
• We contest terms and orders that conflict with the law on the status of service personnel and press for them to be set aside.
• We run the case in the garrison military court: the claim, the evidence, the hearings and, where needed, the appeal.

What we need from you

• A copy of the contract with all annexes and supplementary agreements, if you hold one.
• Extracts from orders: enlistment, appointment to the post, extension, and any penalties.
• Applications you submitted, stamped as received, or proof that they were sent by post.
• Written replies from your command and any decisions of the attestation commission.
• Health documents: the referral to the military medical board, its finding and medical records, if the dispute concerns health.
• Your service appraisal and a copy of your military identity document.