Admission conditions
Many employees express a desire to continue working in the internal affairs bodies after a voluntary resignation has been submitted. But in practice, only those who were expelled from the police force on illegal grounds are reinstated. The law provides those dismissed with only 1 month to have time to file a claim in court and prove the fact of injustice. If the judicial authorities make a positive decision, that is, they satisfy the plaintiff’s request, then his former management will be obliged to accept the employee to his previous position.
Re-entry to the Ministry of Internal Affairs for service is possible subject to the following mandatory conditions:
- age not older than 35 years;
- citizenship of the Russian Federation;
- no criminal record, including suspended convictions;
- absolute capacity.
The candidate is subject to strict requirements in terms of business, moral and personal qualities that will allow him to cope with the duties and functions assigned to him. In addition, in order to be reinstated as a police officer, you will have to prove a high level of physical fitness and the absence of medical contraindications.
Is it possible to be reinstated in the police service after leaving voluntarily?
Legal relations related to service in the Ministry of Internal Affairs are regulated by Federal Law No. 342-FZ “On service in the internal affairs bodies of the Russian Federation and amendments to certain legislative acts of the Russian Federation.” The grounds on which service in the authorities can be terminated and the service contract terminated are discussed in Article 82 of the Law.
To resign at his own request, a police officer must submit a corresponding report one month before the expected date of termination of service addressed to the head of the Ministry of Internal Affairs of the subject or the head of the police department (depending on the position held). Before the expiration of the month, even if there is only one day left, he has the right to withdraw his report and continue his service.
In some cases, an employee of the Ministry of Internal Affairs writes a report on dismissal from service at his own request not on his own initiative, but under the threat of termination of employment relations with him for negative reasons. In this case, he can go to court, where he will have to prove that the management of the Department of Internal Affairs forced him to write a letter of resignation.
Depending on whether the dismissal from the authorities was at his own initiative, or made under pressure, the police officer can be reinstated at work:
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- What is the employer obliged to give the employee on the day of dismissal?
- judicially;
- by re-entering the service in the Ministry of Internal Affairs.
Procedure
Reinstatement to service after leaving due to illegal dismissal is possible only if there is a positive court decision. In addition to the court, it can be issued by the head of a federal body or his authorized representative. If it is discovered that a person was fired without any reason, and the procedure itself does not comply with the established procedure (carried out with violations), he will be reinstated without losing part of his seniority.
Those who terminate the contract at their own request are subject to a general admission procedure on standard grounds. They must compile an autobiography and provide a report on their enrollment to a combat unit employee. A mandatory part of the autobiography should be a paragraph with a detailed description of activities after leaving the organs.
The recovery procedure involves checking the documents:
- civil passport;
- a diploma of relevant education;
- military ID.
The applicant is also required to provide a form indicating the requested information. At this time, specialists of the Ministry of Internal Affairs send requests to the previous place of employment and gain access to the personal cards of employees. After this, the specified information in the application form and in personal files is verified.
The next stage is checking the person seeking employment at the place of residence and registration. The received certificate is passed on to the management of the internal affairs department. If there are no problems with recovery, the employee is sent to undergo a standard commission and pass physical education standards. Those fit for service are restored by a special order and continue to work on the basis of a contract.
How long will it take to do this?
If we are talking about re-entering the service in the internal affairs bodies, then it is important for the candidate for the position to submit documents before he reaches the maximum age prescribed for a particular position.
If at the time of review of documents the applicant for a position reaches the maximum permissible age, reinstatement to work/recruitment will be denied.
Expert opinion
Novikov Oleg Tarasovich
Legal consultant with 7 years of experience. Specializes in criminal law. Member of the Bar Association.
In the event of reinstatement in the police force through a judicial procedure, the statement of claim must be filed with the court before the expiration of a month from the moment the employee receives a copy of the order to terminate the employment relationship.
The one-month period provided for by law can be restored by the court, but only if there is a good reason that prevented the timely application for protection of one’s rights. The burden of proving justification for missing a deadline lies with the plaintiff.
Termination of work in the police at one's own request, and in some cases even upon dismissal at the initiative of the employer, does not mean that in the future the former employee is deprived of the right to return to work in the Ministry of Internal Affairs. The presence of desire, vacant positions, and compliance with the legal requirements allows the former police officer to continue serving.
Obstacles to further service
Not everyone manages to return to their previous place of work and become a law enforcement officer again. The Ministry of Internal Affairs often refuses reinstatement to employees who have passed all the commissions, passed the standards and are recognized as fit by the psychophysiological diagnostic center. Obstacles to return may include accidentally discovered compromising circumstances, as well as proven fact of abuse of alcoholic beverages, narcotic drugs or psychotropic substances.
Reinstatement after voluntary dismissal is impossible if:
- lack of vacancy;
- marrying a person who has a criminal record or is in prison;
- unsatisfactory state of health, which will not allow him to perform the functions of a police officer;
- exceeding the age limit.
Employees who were wrongfully dismissed can count on their previous position or a similar one (with full consent). A person who voluntarily terminates a contract and subsequently decides to return cannot be assured that a suitable position will be available. This may cause recovery failure.
Even if the police have presented reasonable and compelling evidence that it is not possible to rehire the former employee after his voluntary dismissal, there remains another option. You can go to court within the first month after leaving and try to prove the fact of wrongful dismissal. At the same time, it is important to remember that the presence of personal negative motives can become a big stumbling block, so the court will be on the side of the government agency.
Is it possible to recover after being fired?
A citizen who has previously been fired must understand that there are certain conditions for accepting former law enforcement officers.
All employees of the Ministry of Internal Affairs who were recognized in the prescribed manner as illegally or unreasonably transferred from service, suspended from their duties, demoted, deprived of a special rank or reduced in it, as well as illegally dismissed from internal affairs bodies, are subject to reinstatement.
The basis for this is the conclusion based on the results of an internal audit, a court decision that has entered into force, or a statement from a rehabilitated citizen.
At your own request
When a former police officer wants to return to his previous job after voluntarily leaving, he is interested in reinstatement in law enforcement after leaving voluntarily.
Will the citizen be able to return to his position or will he have to start all over again? Are past achievements retained by an ex-employee? All these questions are of interest to people who want to return to their previous job.
Expert opinion
Novikov Oleg Tarasovich
Legal consultant with 7 years of experience. Specializes in criminal law. Member of the Bar Association.
It must be remembered that the resumption of work in the police is regulated by article number 74 of the Federal Law on service in the bodies of the Ministry of Internal Affairs of the Russian Federation:
- from the document it is possible to find out who makes the decision to return the employee back to law enforcement agencies;
- The article provides information on how days of forced absence are taken into account when calculating pensions and length of service;
- The Federal Law regulates the calculation of lost wages and compensation payments;
- The document provides for the responsibility of persons who decided on unlawful resignation.
So is it possible to be reinstated in the Ministry of Internal Affairs after dismissal of your own free will?
A person who has left his position from the internal affairs bodies on his own initiative, when re-entering the service, must meet the following requirements:
- subject's age is under 35 years;
- the candidate must be a citizen of the Russian Federation;
- the person must not have a criminal record;
- the person must be fully capable.
These are not all the requirements that apply to a potential candidate for reinstatement to their previous position.
When contacting the leadership of the Ministry of Internal Affairs, the subject must convince his superiors that he has the personal, business, and moral qualities required to perform his job duties. The candidate must be in good health and have adequate physical fitness.
You also need to pay attention to this important point: in article number 74 there are only two possible conditions for full reinstatement in service:
- if the policeman was fired illegally;
- a citizen was mistakenly declared missing or dead.
Persons who resigned from the authorities of their own free will have the legal right to re-apply for admission to the ranks of the police.
This is important to know: Order of dismissal by agreement of the parties in 2021
According to the article, for negative reasons
Reinstatement in the police may be denied to those categories of persons who have often received reprimands for absenteeism. It should be noted that the legislation regulating work in the Ministry of Internal Affairs provides for some restrictions according to which persons who have ever had a criminal record do not have the right to serve in the police.
This applies even to those subjects who had a criminal record under articles that were subsequently abolished.
By staff reduction
If the subject was dismissed from service in internal bodies due to staff reduction, then he can be reinstated in his previous position if he is of suitable age, is a citizen of the Russian Federation, has no criminal record and is considered legally competent.
Maintaining rank
All information about the positions held and ranks assigned to police officers is stored in personal files, as well as in the archives of the department.
Upon successful reinstatement, the employee retains the achievements achieved. As for salaries and bonuses, you shouldn’t count on pleasant bonuses. A person who left by his own decision will receive a general rate, and the calculation of allowances will be made from scratch. Despite the fact that the recovery procedure is quite troublesome and lengthy, it will not be difficult to complete with appropriate preparation. An employee who wants to be reinstated into the Ministry of Internal Affairs after a recent dismissal needs to prepare both physically and mentally. It is important to determine for yourself whether the desire to return to service is truly made consciously . After being fired for the second time, the chances of re-joining the ranks of the police will be zero.
Up to what age is this available?
For the first time, a citizen of the Russian Federation who has not reached the age of 35 can join the police for positions held by ordinary and junior command personnel. If a candidate applies for positions of middle, senior and senior management, then he must be no more than 40 years old at the time of entry into service.
The situation is different with persons who previously worked in the police and were then dismissed from service at their own request. In this case, they have the right to be reinstated in their position or re-enter the service before they reach the age limit established by Article 88 of Federal Law No. 342-FZ. The maximum age for such persons is:
- 65 years for employees who have been awarded special ranks not lower than major general of police, justice or internal service;
- 60 years for employees holding the rank of colonel of police, justice or internal service;
- 55 years for employees who have been awarded the special ranks of major or lieutenant colonel of the police, justice or internal service;
- 50 years for persons who have been awarded other special titles.
The situation is similar with internal affairs officials dismissed from the authorities for negative reasons. Read about the procedure for dismissal for negative reasons here.
If, at the time of the court’s decision, the former employee reaches the service age limit, he will be denied reinstatement at work, however, if violations are identified during the termination of the employment relationship, the court may change the wording of the dismissal recorded in the work book to dismissal at his own request.
