The decision can be appealed In the Armed Forces since 1982, an officer since 1987, I want to resign from the Armed Forces under clause 3 " a " of Article 51 of the Federal Law of March 28, 1998, or at my own request. I turned to the commander and received an answer that the reduction in the army was over and currently they do not dismiss me under this article, and if I want to sue, I will have to sue the Ministry of Defense. 1) Is this refusal legitimate? 2) Which court should I apply to? What is the procedure for applying to the court? Captain S. NOSKOV. Danilovsky district, Yaroslavl region. First, no one can give an absolute guarantee that the reduction of the Armed Forces of the Russian Federation is over. Secondly, the commander's opinion is clearly not based on the Law, and a refusal on this basis would be illegal. In connection with organizational and staffing measures, a serviceman undergoing military service under a contract may be dismissed in accordance with subclause "a" of clause 4 of Article 34 of the Regulations on the Procedure for Military Service (approved by Decree of the President of the Russian Federation No. 1237 of September 16, 1999).: - reduction of the military position (position) held by him, including in the event of liquidation (disbanding, reorganization) of military units, bodies or organizations and the absence of his consent to be appointed to another military position (position); - if the commander (chief) is at his disposal for more than the terms established by clause 4 of Article 42 of the Federal Law "On Military Duty and Military Service" and Article 13 of the commented Provision, and if he does not agree to be appointed to another military position (position); - when lowering the military rank corresponding to the military position (position) held by him, or when changing the military accounting specialty corresponding to the military position (position) held by him, renaming the military position (position) and unwil ... Read more