15 questions to Agora’s lawyer about non-obvious legal aspects of mobilization – News

We have collected answers to common questions on mobilization in the publication below. Here you will find information about who is eligible for mobilization and what options are available for deferment.

Everything you need to know about partial mobilization

Is the mobilization announcement legal?

Yes. Mobilization is automatically declared during martial law. And besides, according to the law, it can be declared in the event of a threat of aggression against the Russian Federation.

How is the current “partial mobilization” different from the general mobilization?

It is not very clear to me how partial mobilization differs from a regular one from a legal point of view. There are no regional restrictions in the decree. It directly contains information that the number of conscripts and their quality (that is, what specialties are needed) is determined by the Ministry of Defense. This means that the Ministry of Defense is authorized to recruit as many people as it needs. Of course, Sergei Shoigu has already stated that about 300,000 should be called up. But once again, there are no restrictions in the decree.

In addition, there is no restriction that now only people of the first category are subject to mobilization. According to the law “On mobilization training and mobilization in the Russian Federation”, any citizen who is in the reserve and does not have the right to deferment can be called up. That is, there are no strict restrictions on the fact that you first need to call everyone in the first category, and then move on to the second one, the legislation does not contain. You need to understand that in general, even those who have the second category can be mobilized now.

Once again the main thing: you may be subject to mobilization if you are on the reserve.

Still, can students be called up as part of mobilization?

As part of the mobilization, only those who are in reserve are called. Therefore, for the most part, this does not concern students – they are potential recruits in the usual way.

But if, for example, a person first served, and then went to study, he is already in the reserve. Therefore, they can call him up as part of the mobilization.

Can I get a deferment from mobilization if I am an IT specialist?

Deferment from the army for IT professionals is not a deferral for mobilization.

All options for obtaining a deferral can be found in Art. 18 of the Federal Law “On mobilization training and mobilization in the Russian Federation”.

How do I know that I received a reservation during mobilization?

If you think that you might have a reservation, ask the employer about it – he is in the know and will let you know.

If you know for sure that you are booked, but you still receive a summons, you can also contact the employer and he will have to provide information to the authority that this is a mistake and that you have a reservation.

How is a person mobilized notified?

There are only two options:

  1. obtaining a mobilization order: if a person has received an order, then he must come to the military enlistment office without fail, without waiting for an additional agenda;
  2. receipt of the agenda. They can serve the summons anywhere: they can bring it home, they can transfer it through the employer, they can on the street – the law does not prohibit this. But in order to hand it on the street, you first need to establish the identity of the citizen. Employees of the military commissariat cannot check the documents of people on the streets. This can be done by police officers, but they have clearly defined parameters that determine when they can check documents. So it is difficult to legally serve a summons right on the street. Therefore, I think that they will be given at home or at work/study. Although the delivery of the summons is a purely formal thing.

What happens if you do not appear on the agenda or order?

It is important here that no amendments introduce criminal liability for those who received summons for training or mobilization. Judging by the new compositions will be those who are already undergoing training or service – that is, they have the status of a military man.

Of course, we can say that there is also Article 328 of the Criminal Code of the Russian Federation. But in the decision of the Supreme Court of the Russian Federation it is said that in this case only “male citizens who have reached the age of 18, who are or are obliged to be registered in the military and are not in the reserve” can be prosecuted for a crime. That is, it does not concern the storerooms.

Therefore, according to the law, if you simply ignore the agenda, you will only face administrative liability or a fine – from 500 to 3 thousand rubles. Of course, everything can change. But so far so.

In addition, there is paragraph 2 of Art. 7 of Law N 53-FZ, which defines good reasons for not appearing at the military registration and enlistment office on the agenda:

  • illness or injury of a citizen associated with disability;
  • the serious state of health of the father, mother, wife, husband, son, daughter, sibling, sister, grandfather, grandmother or adoptive parent of a citizen or participation in the funeral of these persons;
  • an obstacle that arose as a result of force majeure, or another circumstance beyond the control of the citizen (for example, a natural disaster);
  • other reasons recognized as valid by the draft commission, the commission for the initial military registration or by the court. The above reasons will be recognized as valid only if they are documented.

Can I apply for alternative civilian service?

According to part 3 of Art. 59 of the Constitution, a citizen “in the event that military service is contrary to his beliefs or religion, as well as in other cases established by federal law, has the right to replace it with alternative civilian service.” And this right is valid not only during the usual conscription, but also during mobilization.

To do this, special legal acts should be created that will regulate the exercise of this right. Now there are no such documents.

But the Constitutional Court, in its ruling back in 1996, pointed out that any constitutional rights are recognized as valid even without special documents. At least not yet martial law. How this will work in practice, I don’t know.

Oddly enough, those who have completed alternative civilian service can be called up for mobilization. How this will work is unclear. The authorities promised to provide additional explanations.

As for filing an application for ACS in the conditions of mobilization, it is not worth doing this before receiving a summons or order.

Will it be possible to challenge the assignment to one or another category in court and thus get a reprieve until the court’s decision?

Unlike regular conscription, during mobilization in such cases, the decisions of the commission are not suspended until a court decision is made. However, you can apply for measures of preliminary protection – and then you have to wait for a court decision. True, a decision can be made quite quickly – there are methods for accelerated consideration.

Is it possible to leave the country and region of residence if I have not yet received a summons or mobilization order?

Yesterday, many said that the right to leave would not be restricted. But the law clearly states that those who are registered with the military and are in the reserve cannot leave their place of residence. By law, this applies to both students and women with a military education or service experience.

But my clients said that they were able to safely cross the land border of the Russian Federation.

In general, there is a discussion in the legal community on the subject of what there is a “prohibition to leave the place of residence.” Part of the community believes that we are talking about a ban on leaving the settlement. The other part is of the opinion that the travel ban refers to the movement of a person from one place to another. Even within the same city. How this will work in reality is still unclear. So far, practice shows that there are no restrictions at checkpoints.

I went abroad. Can I get a subpoena?

If a person is already abroad, he can no longer receive a summons.

But when a person leaves the Russian Federation for a period of more than six months, he must be deregistered. If he fails to withdraw, he faces administrative liability. According to the law, it is enough to bring an application for deregistration. However, other documents may be required. From a legal point of view, this is not true – it is not fixed anywhere that any supporting documents are needed that you, for example, will study somewhere abroad. However, if you have such documents, it is better to provide them simply in order not to complicate the process. Remote deregistration is not possible.

As for having the citizenship of another country or a residence permit, this does not affect you in any way in terms of mobilization: if you are a reserve and are located on the territory of the Russian Federation, then you will be subject to mobilization.

Note that if a person received a summons and left the country, then he should not be put on the criminal wanted list, since he does not bear criminal responsibility.

Is it possible to undergo a re-examination (revision of the category of fitness for service) during mobilization?

Re-examination is possible only for recruits under 27 years old. All others cannot initiate it on their own initiative.

But do not forget that when you receive a summons or a mobilization order, you first of all go through a commission, where they determine your current category of fitness.

By the way, if you know that you have medical reasons for changing the category – for example, to category “D”, you need to collect documents in advance and go with them for examination.

Category “D” is not subject to revision. If it was assigned to you, you are not in stock.

If I work remotely, can my employer give me a subpoena?

In general, it is not very clear how he can do this, officially confirming this.

By the way, we recall that the employer does not need to save the place and salary of mobilized persons. They are subject to dismissal.

UPD: The Government of the Russian Federation approved a decree on the preservation of jobs for mobilized citizens. Employment contracts with those called up for partial mobilization will be suspended, but not terminated.

If I am over 27 years old, but I have not received a military ID, am I subject to mobilization?

This is a gray legal zone: no longer a conscript, but not in the reserve either.

Is it legal to forcibly bring a person to the commission immediately after serving the summons?

No, this is illegal and illegal, because there is no reason to believe that a person will hide. This is regulated in the law on mobilization preparation.

Tags: questions Agoras lawyer nonobvious legal aspects mobilization News

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