Legal issue: the constitutionality of the rule under which the serviceman enrolled under contract may be dismissed from military service before time in connection with his failure to fulfill the terms of contract in case of repeated commission of disciplinary offences and in case of there being a criminal sentence against him, which did not entail imprisonment, the deprivation of rank or the right to hold military offices within a certain term.

Ratio decidendi: the rule in question is unconstitutional just partially – to the effect that it does not establish a maximum term within which a dismissal on the aforementioned grounds is possible. At the same time, the very possibility of such dismissal is justified by specific requirements of military service and therefore is constitutionally admissible – on the condition that there was an essential breach of the contract (for instance, a gross disciplinary offence). At the same time, a repeated commission by a serviceman of disciplinary offences may not by itself serve as a ground for the termination of his contract if for such offences he has already been punished (otherwise it would amount to double punishment for one and the same offence) – such termination is possible only within the procedure of attestation whose unfavourable result may be appealed against to a higher commander or in court.