Sailors who returned from Syria are fighting for the payment of per diem and benefits with their own military units

Not a business trip

On April 22, on Monday, lightning was held on news feeds: Russian sailors who returned from Syria to Sevastopol did not pay per diem. 27 military personnel of the Black Sea Fleet filed claims with the leadership of their military unit demanding to pay from 12.9 to 18.6 dollars for one day of business trips. In total for 5-6 months - from 200 to 300 thousand rubles to each.

- In Syria, we were on the basis of the order of the commander of the military unit. Nobody wrote reports with a request to send us to the republic, ”one of the military personnel told the“ new ”. - About where we are going, we learned a week before sending.

The interlocutor of the “new” refuses to call his name: he says, there is a direct ban on communication with the press. Most of the information about the trial between the sailors and their command is also classified. However, it is known that at least three of the plaintiffs served on the minesweeper "Carpet". In Syria, sailors carried out a control search for mines, guarded the military and socially significant objects.

- The trip was not originally issued as a business trip. Officially, we, serving from different ships, were simply transferred to equivalent positions to another ship - the one that was supposed to go to Syria, ”says the interlocutor of“ New ”.

“However, we still believe that we were on a business trip.” Because our trip is fully consistent with the Decree of the Government of the Russian Federation of December 26, 2005 described in paragraph 8 of the Decree of the Government of the Russian Federation: we were in the zone of military conflict, our task was to maintain peace. Since we were provided with food on the spot, we have 30% of the established size of the per diem, ”says another soldier who also filed a claim for payment.

The full amount of payments - $ 62 per day for officers and $ 43 per day - for sergeant composition.

The lawsuit against the leadership of the military unit (its number is classified) was filed by employees who fought in Syria in 2016-2018.

Lawyers representing the command of the military unit, in their review of the statement of claim, indicated that the military’s trip to Syria was not a business trip.

“The named military personnel were involved in the activities of special tasks as part of the crews of ships. The performance of tasks in the crews of ships is not a business trip. For participation in such an event, another payment is provided - a monthly allowance for the implementation of tasks directly related to the risk to life and health, ”the lawyers said. They also refer to the order of the Minister of Defense No. 2700 of December 30, 2011, according to which ships trips along with participation in command and staff exercises, military games and maneuvers are not business trips.

“At the moment, the first instance is lost by us,” says lawyer Alexander Fedorchenko representing the interests of military personnel. - The Sevastopol Garrison Military Court refused the military to pay per diem, agreeing with the arguments of representatives of the leadership of the unit that the military was not on a business trip, but in the campaign of the ship. We intend not only to appeal this decision, but also to reach the Constitutional Court, since we believe that clause 130 of the order of the Minister of Defense No. 2700 ( this item says that the per diem is not paid for the campaigns of the ships. - I.ZH. ) Violates Art. 55 of the Constitution of the Russian Federation, which prohibits issuing laws that belittling the rights and freedoms of man. Because of this order, ships employees find themselves in unequal conditions with the rest of the military.

Work, not war

Sevastopol case is no longer the first, when the participants in the operation in Syria complain about the lack of money or benefits.

In early April, Kommersant reported that 49 members of the Altai tugboat crew were suing the united strategic command of the Northern Fleet, demanding to recognize themselves as veterans of military operations.

A significant part of the information about this case is also classified, however, it is known that the plaintiffs were civil servants of military unit No. 40658. They were in Syria from November 8, 2016 to January 6, 2017. Their tasks included assistance in maneuvering and ensuring the combat stability of the aircraft carrier "Admiral Kuznetsov."

For a business trip to Syria, civilian sailors were awarded the medals of the Ministry of Defense "For participation in a military operation in Syria." He also issued certificates of war veterans.

But later it turned out that they were recognized by veterans by virtue of paragraph 7 of part 1 of Art. 3 Federal Law "On Veterans". This item includes persons going to work in Syria. They have a limited list of benefits: the predominant provision of vouchers in the sanatorium, the priority right to purchase garden plots and install a home phone.

The sailors hoped that they would receive full benefits - including tax, pension and payment of housing and communal services. The plaintiffs attached orders of the Minister of Defense and command of military unit 40658, information from the ship magazine, reports and other documents confirming that in Syria they performed the tasks of the military service attached orders to the statement of claim.

The Severomorsky District Court, however, did not stand on the side of the sailors, indicating that

Neither the medal “For participation in a military operation in Syria”, nor the fact of the location of sailors in the territory of the Syrian Republic do not prove that they were directly involved in battles.

The right to benefits, the court decision says, have only persons who confirmed personal participation in hostilities, and not ensuring these actions.

The ship is not Syria

The lawsuits of the military who took part in the Syrian operation have been lasting for several years. At the disposal of Novaya Gazeta was the decision of the Severodvinsky Garrison Military Court of January 18, 2018 at the suit of a contract of a contract by Mikhail Demid to the 3rd Financial and Economic Service of the United Strategic Command of the Northern Fleet. Demid in his lawsuit indicated that from October 2016 to June 2017 he was on a business trip in Syria, where he "performed the tasks of the combat service." Still on a business trip, he sent an advance report to the financial and economic service for the payment of daily costs-74,906 rubles. However, I received an answer that the per diem did not rely on him.

The reasons for refusing Mikhail Demid were the same as the employees of the Black Sea Fleet, who are suing their leadership now. According to representatives of the United Command of the Northern Fleet, Demid was not on a business trip, but on the campaign of ships, and had to receive other payments - 2% of the salary for each day of stay in Syria.

It is interesting that the Severodvvinsky garrison court nevertheless called the trip of Mikhail Demid to Syria by a business trip, but noted that "the purpose of businessing was to ensure the safety of the ship",

And the ship is indicated in the court decision - "in itself is the territory of the Russian Federation."

“Under these circumstances, the presence of Demid M.I. And the fulfillment of special tasks in the territory of the Syrian Arab Republic was carried out in connection with the temporary performance of military duties on the ship, and not in connection with a business trip to the territory of a foreign state, in connection with which there are no grounds for receiving daily ones, ”concluded Judge Maxim Feoktistov.

The claims similar to Demid’s lawsuit, at the same time, were filed with the other two contracting sailors-Alexander Popov and Konstantin Dulov. They also lost the court.

PS

The New Gazeta sent a request to the Ministry of Defense with a request to explain why the military and civilian participants of the operation in Syria are refused to pay per diem and the provision of benefits. At the time of publication, the military department did not respond to the request. We are waiting.