Olesya is a contract in border troops of the FSB. In 2014, she gave birth to a daughter Mary, and in 2018, the divorced, the ex moved to another city. Daughter Olesya is often sick, but the specifics of the service mom is that you have to absent for days. While helping grandma, but she’s older.
With these arguments warrant officer Selina came to management and asked to fire her in accordance with article 51 of the Federal law “On military duty and military service” in connection with the need to care for a child under the age of 18 years, of which the soldier brings up without mother (father) of the child. But the attestation Commission and then to the military courts did not consider these reasons for dismissal with respect. After all, the girl’s father deprived of their parental rights and continues to visit her, and in medical documents there has been no indication that the child needs constant care.
to Challenge this position Oksana Selina decided in the constitutional court. On her side – the decision of the North Caucasian district court, which considered her appeal and, in the case of the border guard Tariverdiev. After the divorce, he also wanted to retire from the service, I was denied and successfully appealed it.
in deciding the case, the COP analyzed Russian legislation in two ways. On the one hand, the special status of a soldier implies a certain limitation of constitutional rights and freedoms, because military service is of special importance for the state. Her termination is regulated in a special way, guaranteeing the preservation of the combat capability of military units. The right to such regulation the legislator is article 55 of the Constitution.
on the other hand, the presence of special family circumstances or a valid reason the law finds sufficient grounds for dismissal of a serviceman. This ensures state support of the family, the importance of which is repeatedly emphasized in decisions of the COP. However, the law does not contain explanations, which means “raising juvenile children without mother (father)” is the second parent has died, left the family or have special family circumstances or a valid reason the law finds sufficient grounds for dismissal of a soldier.
And since the full list of reasons for the lack of both parents in a child’s life no record of military officials and courts “must take into account the whole complex of particular circumstances, including the assessment of the health status of the child.”
From this it follows that the contested norm of the law on military service does not involve the arbitrary denial of the dismissal of servicemen having minor children, and therefore not contrary to the Constitution. The case of Oksana Selina is subject to review taking into account the position of the constitutional court.
