Problems of the right to rest by contracted military personnel. Some issues of labor legislation in relation to military personnel 

Pavel S. Shalaev, Postgraduate student, Penza State University (40 Krasnaya street, Penza, Russia), E-mail: military_lawyer@mail.ru, pavel.sergeevich.repetitor@mail.ru 

Background. The problem of military personnel using their right to rest is one of the key problems of the Armed Forces of the Russian Federation and other federal executive authorities that provide for military service, which has been repeatedly pointed out by officials, as well as judges of various categories of courts. Military service is a special type of public service, and military personnel have a special status of a citizen, which is why it is important to understand the features that a soldier has to face in his daily activities in the process of exercising his constitutional right to rest. Materials and methods. The implementation of the tasks assigned to the researcher was achieved on the basis of an analysis of the normative legal acts of the Russian Federation regulating the procedure for military service, as well as court decisions on the implementation of the right to rest by military personnel under a contract. The methodological potential includes the method of comparative legal analysis, which makes it possible to compare the content and meaning of normative legal acts and court decisions with the actual situation regarding the observance of the right of a soldier under a contract to rest. Results. In the course of the study, the main legal acts regulating the issues of military service, as well as court decisions on the issue under study, are analyzed, problems arising in the course of the implementation of the contract by mili-tary personnel of their right to rest are identified and practical recommendations for solving these problems are given. Conclusions. The study of normative legal acts on the issue of the implementation of the right to rest by the military personnel and the comparison of the legal norms with the actual situation in military units, allow us to conclude that the problem of the implementation of the right to rest by the military personnel should not be only the problem of the military personnel. Commanders (chiefs) of all degrees are obliged to ensure that the military personnel are provided with the required rest time, through the competent organization of the daily activities of the personnel. The lack of responsibility on the part of commanders of all degrees in matters of compliance with the regulations of service time, accounting for processing time and the exercise of the right to rest leads to a violation of the constitutional right of the serviceman, a decrease in the social status of the serviceman and the prestige of military service in general. That is why, the full responsibility for the implementation of each soldierʼs right to rest should be assigned to commanders (chiefs) of different degrees, and the violation of this duty should be considered as a disciplinary offense. 

serviceman, right to rest, military service, status of a serviceman, labor legislation 

Shalaev P.S. Problems of the right to rest by contracted military personnel. Some issues of labor legislation in relation to military personnel. Izvestiya vysshikh uchebnykh zavedeniy. Povolzhskiy region. Obshchestvennye nauki = University proceedings. Volga region. Social sciences. 2022;(2):107–116. (In Russ.). doi:10.21685/2072-3016-2022-2-10