Topical Issues of Termination of the Fixed-Term Contract on Service in the Federal Fire Service of the Ministry of Emergencies Russia

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Abstract

The purpose of the research. The article is devoted to the study of the issue of termination of a fixed-term contract for serving in the EMERCOM of Russia. The relevance of the indicated topic is due to the entry into force of the legal norm from January 01, 2022, securing an increase in the age limit for being in the service of an employee of the Federal Fire Service by five years, which entailed the emergence of a number of practical issues related to the further passage of service by persons with whom a fixed-term service contract has already been concluded once they reach the age limit. The relevance of the study determined its purpose, which is to determine the legislative possibility of further service by fire service employees with sufficient experience and skills in their professional activities. Results: Based on the results of the study, it was concluded that employees of the fire service who have reached the age limit fixed by law until January 01, 2022 can continue to serve in the Federal Fire Service only on the basis of fixed-term contracts, while the legislative obligation to conclude indefinite service contracts with these persons is excluded; there is no obligation to carry out certification of the employee with whom the fixed-term contract ends, since the urgency of legal relations does not imply the existence of an employer's justification that they cannot be extended; we consider it possible to terminate urgent contractual relations with an employee while he is on sick leave, on vacation or on a business trip.

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About the authors

Julia Alexandrovna Krylova

National Research Ogarev Mordovia State University

Email: krilova13rus@mail.ru
Senior lecturer at the Department of Theory and History of State and Law Saransk, Russian Federation

Irina Pavlovna Chiranova

National Research Ogarev Mordovia State University

Email: irina.chiranova@mail.ru
Сand.Sci.(Law), Associate Professor of the Department of Civil Law and Procedure Saransk, Russian Federation

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