State Duma accepted a set of amendments that will seriously complicate the lives of all those who will not take part in the war launched by the Russian authorities. Summons to the army will now be sent by the “Gosuslugi”; “citizens subject to conscription for military service” will be banned from leaving Russia; the “avoidants” will be hit in their rights (for example, they will not be able to receive loans or drive a car). In addition, it is planned to create a so-called unified register of persons liable to military service: this gigantic database will store the most important personal data of potential recruits. Meduza spoke with a military lawyer about — about what else can be done to not end up at the front.
— What are the most important changes in the bill that you can distinguish?
– In total, there are four blocks in the package of amendments, and all of them are important. These are the computerization of military records, the appeal against the decisions of the commission, the creation of a register of summonses to appear and entry into service under contract.
“What do we now know about the register of summonses to appear?”
– The bill provides for its creation, the operator will be the Ministry of Defense, in what order accounting will be formed – a government decree should decide. After the final adoption of the law, regulations will be established so that it functions fully.
– Now it will be impossible to appeal the decision of the military registration and enlistment office?
– The amendments cancel the guarantee of legal protection against erroneous conscription decisions. Previously, according to the law, the decision of the selection committee was automatically suspended in the event of an appeal. [Новый] the bill excludes this clause. Now, even if you appealed the decision to go to court or a higher drafting board, it will remain in effect.
For example, earlier, if a person grasped on the street and brought to the military enlistment office, he or his representative could appeal against the actions of the military enlistment office on the same day. Now there is no such tool. This was an important provision of the law, which protected conscripts from arbitrariness.
That is, it is still possible to appeal the decision of the commission, but this tool is no longer a reliable protection against being sent to the army. The court may suspend the commission’s decision, reject the application or delay its examination. In such a case, the person will go to the army, even if he is not fit for health reasons or does not agree with the denial of deferment.
– What threatens in case of non-appearance at the military registration and enlistment office?
– The bill stipulates that in case of non-appearance within 20 days from the date of delivery of the summons, a person will not be able to register an individual entrepreneur, work as a freelancer, obtain a loan, drive a car and register a car.
In addition, the law provides additional powers for constituent entities of the Russian Federation. They will be able to introduce additional restrictions themselves – for example, denying orphans payments until they report to the military registration and enlistment office, or to guardians of elderly parents. All this suggests that the state can take almost fascist measures.
– As soon as a person receives an electronic summons, they cannot immediately leave the country?
“The travel ban will take effect as of right from the day the summons is deemed to have been served, according to the bill, seven days after its entry in the register. Even if you received it personally, and not through the “Gosuslugi”. Citizens are supposed to keep track of the subpoena registry themselves, if they don’t, that’s their problem.
Are the changes effective now?
– While the bill passed third reading, the president has yet to sign it. Furthermore, it is unclear how the law’s provisions on the subpoena registry will work until it is implemented.
Why do you think the authorities do this? And how will the situation change globally now?
– The purpose of the bill is to make citizens even more defenseless against the arbitrariness of military registration and enlistment offices and to simplify conscription for fixed-term and contract service. As well as the call for mobilization, if (or rather, when) there will be a second wave.
For example, now citizens can be registered in the reserve in absentia. Previously, for this, you had to go to the military commissariat, undergo a medical examination and receive a decision from the editorial board.
As for the service contract, the modifications aim to give the authorities the possibility of massively recruiting citizens. According to unconfirmed data, by the end of the year, the Russian armed forces want to recruit 400,000 new contracts. According to the new law, a contract can now be concluded with any citizen – even if he has no education and is not registered in the reserve. The law also removes restrictions for conscripts – previously they could only sign a contract after three months of military service.
Finally, changes to the appeals procedure against the decisions of the commission are necessary in order to deprive citizens of effective legal mechanisms to protect their rights to deferment or exemption from conscription.
– Can you simply delete your account on “State Services” so that the agenda does not come?
– In itself, even the absence of an account will not change much in the situation. The Military Registration and Enlistment Office can always send a summons by registered mail to the place of registration. In addition, as I said, a person is considered to have received a summons seven days after entering the register.
So the best option is to leave Russia?
“It’s a pretty reliable way to avoid being drafted. Each person must decide for themselves whether to leave the country or not. It cannot be said that among all those who are registered in the army and who can be called up, hundreds of thousands are ready to leave the country.
It is important to note that the call for emigration as the only bulwark against military registration and enlistment offices weakens those who cannot leave. For this reason, there appears to be no other way to protect your rights. Those who remain must understand that they have the right not to fight, that they have various reasons for adjournment and the possibility of obtaining a discharge for health reasons, that they have the right to alternative civilian service – they will have to be fought by all possible legal means and with the help of non-violent resistance arbitrary.
Rights are not given, rights are taken. Now conditions are being created in which it is more difficult to defend one’s rights – but so far there is still such an opportunity.
– What options do those who do not want to join the army still have? What would you advise now?
– The appeal still does not apply to those who have postponements of studies, special reasons and health reasons. There is always a medical examination, where citizens can prove their unfitness for service.
A good option is to prepare an application for alternative civil service (ACS). In the case of ACS, even under the new law, if you receive a denial, you will be able to appeal the decision of the Military Registration and Enlistment Office and will not be called up for military service. before the entry into force of the court decision.
From now on, recruits will have to protect their rights and interests. Request adjournment, release or alternative civilian service. Fortunately, the new law does not affect the ACS in any way, even the suspension of the decision to refuse the ACS will be in effect if the citizen has appealed to the court.
There is always an option to prepare and go to the Military Registration and Enlistment Office if a summons comes – to find out exactly your rights, to apply for an ACS or a deferment. If you don’t feel strong enough to fight for your rights at the military registration and enlistment office, all you have to do is leave or go into hiding, knowing that restrictions will be imposed on departure, registration of real estate, etc.
After receiving a summons, Meduza does not recommend going to the military enlistment office and trying to prove something to official representatives of the Russian authorities.