Is it possible to legally quit the army - all legal ways. Guys: read before you try to avoid the army

Analyzing the questions most often encountered in various forums dedicated to military service, we get a summary that the problem of the legality of actions on the part of a conscript or military registration and enlistment office is quite acute, especially if the former is trying in every possible way to avoid military service.

First of all, it is necessary to dwell on the competence of moral experts. Not every young man dares to ask a question directly, for fear of encountering a certain note of condemnation. Our position is that direct violation of the law, naturally, must be punished. What is included within the legal framework is not subject to censure.

Choosing the right path

If we talk frankly, there are a lot of ways to become the owner of a military service without military service. They can be called legal, illegal and circumventing the law. Let us explain in more detail.

All activities of military registration and enlistment offices, which select conscripts to be sent to the army, are built on a very specific legal basis. There is a law on conscription, certain provisions have been developed that describe the process of registering citizens for military registration, and define the rights and responsibilities of conscripts. The listed regulatory documents provide a number of derogations for different categories of citizens that allow them not to join the army. Moreover, it should be noted that in this case such an outcome cannot be considered an evasion, that is, if you choose the legal path, then no Negative consequences the young man is not expected.
Direct violation of the law will also save you from the army. An example would be constant moving secretly from the military registration and enlistment office or failure to appear when summoned. This “game of hide and seek” usually leads to the initiation of a criminal case. The most favorable scenario for the development of events involves a secret life for up to 30 years, and then, as a consequence, a refusal to issue a military ID card, which a rare employer will look at positively.
You can circumvent the law with the help of legal advice. An experienced specialist will tell you how to use this or that gap in the legislation for your own purposes. You can, for example, not feign illness, but engage in self-harm or provoke illness. It should only be noted that such actions will have a detrimental effect on health in a few years. Would a normal person take such a step?

What to choose in the end? The answer depends on each individual, but we still suggest sticking to legal methods, especially since with desire and a little effort, achieving the expected result is not so difficult.

Reasons for release from service

Now we just have to decide what reason to choose to get out of the army. Let’s immediately make a reservation that such a term need not be used, because the legal method was chosen. In order to make a decision, you need to know the entire list of valid reasons.

Release due to diagnosed illness. This method is the most popular, since it is quite easy to find any deviation in yourself, especially with the help of specialists.
Get a deferment for long time. You can go to college, then to graduate school, then go to graduate school again. Thus, it will take ten years for liberation. Not a bad prospect?
Starting a family and having two children is generally a cynical option.
Enroll and spend almost two years away from home, doing low-paid work.

Medical examination procedure

Having chosen the first option, we will pause to give an idea at what stage of the organization of conscription the fate of the conscript will be decided. Despite the fact that you will have to go to the military registration and enlistment office several times according to the summons, the summons to the medical commission is considered the most important. It is here that experts assign a fitness category that determines the possibility of serving in the army.

The work of the commission is structured as follows. Subject specialists conduct an examination and, if a serious illness is detected, the young man is declared unfit (category “D”) or partially fit (category “B”) for military service. As support material For their work, they have an approved list of illnesses for which exemption or deferment is due. If a conscript’s diagnosis is found among these diseases, then we can assume that the military ID is in your pocket.

A little effort

In fact, everything is not as rosy as described above, otherwise only a tiny fraction of all conscripts actually ended up in the service. That is why young men still ask the question, how can they avoid the army due to health reasons? But it never loses its relevance.

The problem is that the specialists conducting the examination are not required to conduct an in-depth examination and should not make a diagnosis. They just confirm the data from the medical record that was entered earlier when visiting a doctor. If there were no such requests, then you will be considered healthy, and you will have to prove the presence of the disease by taking a number of additional measures.

To avoid unforeseen surprises from the commission, loss of time, and appeals to various authorities, you will have to work a little before the first summons arrives. Having decided to refer to a specific disease, you need to consult a doctor. The fact itself will already be witnessed. If the doctor prescribes hospital treatment, then this can be considered a small victory.

Otherwise, continue to file complaints. The fact is that the absence of complaints indicates a positive trend, and this, in turn, will serve as a reason to recognize you as fit for service.

It is necessary to take into account that the entries in the medical record have their own “relevance period”, so there is no need to run to doctors from the first grade, but a year before visiting the military registration and enlistment office it is already worth thinking about your future. Let’s not hide it, the draft commission is unlikely to respond positively to your complaints, so specialists will do everything to “not notice” the disease. You should not give up here and should immediately go to court. This is fraught with additional examination, which will be objective and easily prove the presence of the disease.

And again, in theory, everything is simpler than in practice, so you should listen to some advice.

You should not feign illness. At some stage the deception will come to light and time will be wasted. Mental disorders are attractive for simulation because they are quite difficult to refute. But beware of a diagnosis on a military ID and category “D”, as they will not give you a full civilian life. You cannot get a license, get a job in many structures, or get a weapons permit.

Complain about vision by saying: “I don’t see!” - meaningless, since with the help of special optical instruments the absence of violations will immediately be established. The simplest thing is to avoid the army according to your heart. We are not campaigning for the use of drugs, just a very large percentage of young people. In any case, an independent examination should be carried out and only then decide which disease (and it will definitely be found) should be emphasized.

Under the phrase " quit the army“It is not always necessary to imply some kind of crime. There are many legal ways to avoid military service. All you need is to be interested in advance and ask for advice from specialists and people who know their business. By preparing for conscription and receiving the necessary advice, many conscripts were able to avoid conscription for compulsory military service and receive the appropriate military ID. So " get out of the army"legally it is quite possible!

Plans for military registration and enlistment offices

It’s no longer a secret that during periods of conscription, passions run high in almost all military registration and enlistment offices. The reason for this, as a rule, is very clear instructions coming from above. For example, it is necessary to recruit two hundred thousand conscripts to replenish the number of military units. Whereas many guys have completely natural desires to avoid the army. Concerned mothers also join the latter, especially in cases where the exemption of their sons from compulsory military service can be legally obtained. As a result, each party has its own interests and a willing desire to achieve them.

Help from various committees and firms

Today, there is understandable demand for various companies, boards and committees to provide assistance to all those who want to avoid the army. Again, we are talking about legal methods of action. In many ways, such firms have experience in conducting litigation with military registration and enlistment offices, filing various petitions, and so on. Their lawyers are well versed in military law, lawyers represent the interests of their clients in courts, and doctors provide objective medical advice. In other words, it will be quite possible to avoid the army while knowing what needs to be done from the very beginning, despite any aspirations of the military registration and enlistment offices. Those who abandoned the army are ready to confirm that they were provided with help literally at a step-by-step level. After all, professionals know their business.

Abuse of power

Often, for some reason, those who seek to avoid the army receive a negative assessment. But if there are legal grounds against the background of the fact that in many ways it is the people in uniform themselves who commit crimes, then the picture looks different. He turned away from the army and did not break the law - that means he’s done well! He managed to defend his rights and was not lazy. Of course, most often it is not the conscripts themselves who are ready to wage such a fight against state system, and somewhere to a greater extent their parents. In other words, those who will pay for the work of specialists.

Examples of some unlawful actions on the part of military registration and enlistment offices

Year-round appeals

Unfortunately, violations of the law by government officials have occurred constantly and will continue to occur. They do not give permission to those who want to leave the army and do not at all care about acting legally. Sometimes, wanting to make their work easier, military registration and enlistment offices may send summonses not during the fall or spring conscription period. To the question “Why?” their representatives usually confidently answer that now there is no longer the concept of spring or autumn conscription. As a result, subpoenas are sent year-round.

Be that as it may, it is important for those who want to avoid the army to know the laws or at least be interested in them. The current legislation of the Russian Federation does not say anything about year-round conscription. On the contrary, it clearly defines the time of conscription (autumn: 01.10 to 31.12 or spring: from 01.04 to 30.06). As a result, the actions of military commissars to conscript young people are valid and legal only during periods that comply with those established by current legislation. However, such illegal actions are often calculated based on citizens’ ignorance of their rights. Therefore, why not insist on your rights and avoid the army?

Premature calls

Many people know firsthand that sometimes summonses come to those young men who are not yet eighteen years old. That is, those who, according to the law, are in no way subject to conscription. Desire to dial sufficient quantity conscripts and send them to serve in paramilitary units sometimes forces military registration and enlistment offices to do such illegal measures. And perhaps, in this way, they act proactively so that young people do not turn away from the army.

Nevertheless, in this case it is possible to avoid the army without even trying too hard. By by and large, such premature summons, no matter how many of them come, experts advise to safely ignore. They are illegal.

Police arrive at home

What if one fine day government officials knock on the door and want to take you to a recruiting station? young man so that he doesn’t inadvertently turn away from the army? Of course, this is how the guys were and will be taken away, taking advantage of the eternal advantage of surprise. Often such visits are presented in the morning, when you don’t even have time to figure out anything. Let's just say my favorite time is four in the morning.

However, citizens of the Russian Federation must know their rights. For example, the constitutional law on the inviolability of the home. If you simply don’t open the doors, no one will break into them, because, without compelling reasons stipulated by law, such persons themselves become criminals. It is also worth understanding that whether to open the doors to anyone or not to open them is the complete right of the residents themselves and this is entirely their decision. The intention to deviate from the army in this case is a secondary topic.

Medical decisions and the desire to avoid the army

More than once it happened that a citizen who had a serious illness, due to which he should have received an exemption from military service, suddenly, for no reason at all, found himself fit by decision medical commission from the military registration and enlistment office. But some may not even suspect such a turn of events. They can be completely sure that it’s as easy as shelling pears to avoid the army with a bad diagnosis. How to act in such cases?

Firstly, the law says that every citizen has every right to receive the decision of the draft commission. Therefore, it is imperative to request the military registration and enlistment office to provide it. Secondly, if a citizen does not agree with the decision made by the doctors who are members of the medical commission, then he should immediately write a corresponding statement. It is drawn up in the name of the chairman of the draft commission. It must state the applicant's request to receive a written decision from the draft board. It is imperative to refer to the relevant article from the legislation, since a statement drawn up in this way will have a certain force. It is better to prepare the document in two copies. It is also important to indicate in it that the applicant should be notified of the requested decision in writing.

If you are not persistent, it is unlikely that you will be able to avoid the army.

Thirdly, having received the document in hand, immediately or as a response to a completed application, the citizen, in accordance with the law, has the opportunity to appeal the medical decision of the draft commission within ten days. In this case, the appeal is submitted either to institutions that are the next authority in relation to the military registration and enlistment office, or directly to the judicial authorities.

It is possible to avoid the army, but in this case it is necessary to act wisely. For example, having received the above decision, you must check the date marked on it. That is, every step should be carefully checked. If someone doubts his abilities or that he will be able to carefully follow all the moments, then the best solution To make sure you get out of the army, you will need to turn to professionals. Let's just say that it would be very sad if, just because of ignorance of the law, along with the unlawful actions of people in uniform, someone turned away from the army. Especially if there is a diagnosis that exempts you from conscription.

Sudden illness or withdrawal from the army?

Sometimes it happens that even after being sent off to the army, a conscript can get sick and come down with a fever. As a result, he is forced, for example, not to show up for general training. Does this mean that the conscript has now abandoned the army? There were even threats against relatives, saying that now the guy would act like a lawbreaker and end up in prison. However, such statements are unjustified. A person who has supporting documents (for example, a sick leave certificate or a corresponding certificate) that can explain a valid reason for his failure to appear at the collection point is not subject to conviction or any criminal liability.

A written statement should be added to the above-mentioned documents if there is a case where at a certain point the conscript could not document a valid reason for his absence. This should be clearly stated in the application. If everything is in order with the documents, then absolutely no problems should arise. This procedure is provided for by law and is called deferment of serving a military unit.

As mentioned above, it is better to leave the army legally. A young person may face serious consequences if:

he was eighteen years old;
he successfully passed the medical examination;
the draft commission declared him fit for military service;
he was given a summons to come to the address to go to the military unit with his belongings;
did not properly appeal the decision of the commission in established by law deadlines;
did not arrive at the military registration and enlistment office on time.

Of course, sometimes you can only get away with a fine, but you shouldn’t tempt fate.

To avoid the army in this way is to incur a lot of problems with the law. To avoid such troubles, it is important to act in advance, and not decide something at the last moment under the influence of emotions or someone else's advice. As noted above, the phrase “switch off from the army” should be understood correctly.

Will students be able to avoid the army?

This question is increasingly being raised after the advent of 2014, when updated legal acts of the Russian Federation regarding conscription for military service came into force. Some seriously believe that students undergoing paid training will no longer be able to avoid the army. But it's not like that at all. The changes only affected those of them who study at non-accredited universities. As for whether this educational institution is private or not, whether the form of education is paid or not, all such points do not play any role. In this case, it will be possible to avoid the army. The legislation clearly states that schools, colleges, technical schools, institutes - all of these educational institutions are included in the list for providing full-time students with a deferment from compulsory military service.

Therefore, if a student receives a summons, there is no need to be afraid. This could happen. It will be easy to avoid the army here. All you need to do is submit the relevant documents that confirm your conscript status.

Leave the army for family reasons

You can also opt out of the army for family reasons. There are actually many reasons. It is important to find out for sure that the conscript’s family circumstances do allow him to receive a deferment from compulsory military service.

Alternative service - another option to avoid the army

Although the constitutional law clearly stipulates the possibility for citizens of the Russian Federation of military age to replace military service with civilian alternative service, in reality sometimes everything looks somewhat more complicated. To avoid the army this way, it is important to act in advance and even before you need to cooperate with the draft commission, since they do not decide such issues and are not authorized by law to do so. In this case, the decision is made either by the president of the country or the judiciary.

According to lawyer Alexey Batalov, calling a citizen for military service according to the law is much more difficult than opening a case for hooliganism. He claims that the military registration and enlistment office always acts against conscripts. The interest of the military registration and enlistment office is to attract with less effort greatest number people and fulfill the recruitment plan. There are bonuses for fulfilling the plan. It is in haste and inaccuracies that the military must be caught.

The human rights activist gave a lecture in Yekaterinburg and told how to ensure that the rights of conscripts are not violated, what procedures take place in the military registration and enlistment office and what procedures take place in the draft commission, how to catch the state in trifles so that there is a legal reason not to join the army.

Military registration and enlistment office and conscription commission

What is the difference?

Draft commission is an interdepartmental body that is created by the regional governor before each conscription. The draft commission includes police officers, officials, the military commissar, and doctors. By law, each draft commission is headed by the head of the district. Although he never actually appears there.

Military registration and enlistment office- territorial division of the Ministry of Defense. The military registration and enlistment office performs organizational and methodological functions: stores documents, distributes summonses.

Only the draft commission can draft into the army. Not the military registration and enlistment office.

Who is being called?

Men aged 18 to 27 years, whether or not registered with the military.

Example: If you did not register with the military when you received your passport, do not think that the military registration and enlistment office has forgotten about you. If you are not registered with the military, you can still be drafted.

Example: It happens that guys who are not yet 18 years old are called to recruiting events. And the commission makes a decision - to call after. It is illegal. The draft commission can carry out any actions only in relation to citizens who have reached 18 years of age. Remember that you turn 18 years old the day after the birthday indicated in your passport. Only in a day.

When are you drafted into the army?

Firstly, the military registration and enlistment office has the right to summon you only on the basis of decrees of the President of the Russian Federation. Secondly, in clear terms: from the first of April to the fifteenth of July and from the first of October to the thirty-first of December.

Example: If, according to the law, the conscription deadlines have begun, but there is no presidential decree, then this is the basis for recognizing all actions of conscription commissions and military registration and enlistment offices as illegal.

Example: Military registration and enlistment offices often send out summonses in September. They say that we don’t call people, we only call them for a medical examination. Remember. Medical examination is part of conscription activities. And they have strict deadlines.

Who is not drafted?

Citizens serving sentences in the form of compulsory labor, restriction of freedom, arrest and imprisonment are not subject to conscription. Those who have an outstanding or unexpunged criminal record, in respect of whom an inquiry, preliminary investigation is underway, or in respect of whom a criminal case has been transferred to court, are not yet called up.

Example: This applies to political activists. After the rally they are given mandatory labor or arrest. An FSB officer comes to the headquarters to hand over a summons, and the activist has mandatory work. You can't call.

If I served until 27, am I a draft dodger?

Previously, if a person turned 27 years old, military registration and enlistment offices automatically handed out a certificate stating that the citizen had not completed service and did not have the right to do so. legal grounds. Now the Supreme Court has changed the practice, and the courts are making decisions in favor of citizens. Didn't get caught before 27? The military registration and enlistment office must issue a military ID because it did not make enough efforts to notify.

To be a draft dodger, you have to try hard. If you received a summons, signed for it and simply did not come to the military registration and enlistment office, you may already bear administrative responsibility - a fine of 500 rubles. Repeated failure to appear on the summons is already an evasion, and the commission transfers the case to the investigative committee to initiate a criminal case.

AGENDA

What is an agenda?

Agenda- this is the most important document. When you receive a summons, you are required to appear at the specified time and date at the military registration and enlistment office.

Example: The summons is served against a personal signature on the counterfoil. If another person (mom, dad, neighbor) signs for receipt of the summons, then it is considered that the summons was not properly served. If the summons is thrown in the mailbox or stuck in the door - too. With such a summons, you don’t have to go to the military registration and enlistment office.

If you do sign for the summons, then you must have good reasons not to come to the military registration and enlistment office. They are considered to be: illness of a conscript, illness of relatives, death of relatives, or other reasons that the military registration and enlistment office may consider valid. Everything here is in the power of the military registration and enlistment office.

Example: If you open the door and in front of you is a military registration and enlistment office employee or other authorized person, there is no point in not accepting the summons. If you refuse to sign, the employees will draw up a document stating that you refused. The court will consider that you were notified. It is theoretically possible to falsify an act, but it is unlikely that anyone will take such a risk.

What should be included in the agenda?

The summons consists of two parts - a piece of paper that is handed to you, and a spine on which your signature remains. This spine is used to file your personal file. There should be:

Last name, first name and patronymic of the person to whom the summons is served. Fully. Initials do not count.
Registration address. If you live in one area, and the military registration and enlistment office of another area calls you, then this is illegal.
Series and number of the summons.
Date and time of appearance.
Purpose of the call.
Seal of the military commissariat and signature.

If anything from this list is missing from the summons, it can be appealed to the military prosecutor's office. And get a decision that you are not obliged to appear. Write the application in two copies. You give one to the prosecutor’s office, and mark acceptance on the other. And by this date you control the deadlines - the inspection must be carried out within thirty days.

Who can serve subpoenas?

Military registration and enlistment office employees, police officers, employers (at the request of the military registration and enlistment office - obligated), administration of educational institutions, authorities local government- where there are no military commissariat units.

But. No one can take you to the military registration and enlistment office.

MEDICAL EXAMINATION

What it is?

Medical examination, or medical examination,- the main part of conscription events, and takes place only during conscription periods. Based on the results of the medical examination, the fitness category is determined.

Example: Often the military registration and enlistment office gives parents and conscripts the benefit of the doubt, saying that you come for a medical examination, and then we will call you up. No, a medical examination is component recruiting events. And citizens can only be summoned to them by summons. Are they calling on the phone? Illegal.

Will doctors check my health at the medical examination?

No. A medical examination is not an examination, it is a study of documents. Doctors sometimes don’t even look at the conscript, but only fill out the paperwork.

Example: Conscripts are mistaken if they think that when they go to the military registration and enlistment office, they will find sores there and will not be accepted for service. It's a delusion. If you have a medical condition that exempts you from service, you must take the initiative and document your health problems. You must obtain medical documents and their copies in advance and fill out your personal file with them at the commissariat.

What information do I need to collect?

No earlier than 30 days before the medical examination, you must undergo mandatory diagnostic tests: general analysis blood, general urine test, fluorography, HIV test. The military registration and enlistment office is obliged to send you for these examinations. If he didn't do this, he broke the law.

Then you go to your specialized doctors if you have health problems and collect documents. Please note that diagnoses must be legible, complete, indicating the degree of impairment, and must be consistent with the wording specified in the International Classification of Diseases.

Example: Chronic gastritis is category B, a chronic gastritis with malnutrition and impaired acid-forming function - this is already category B.

What should you do at the medical examination?

Please do not hesitate to report any complaints. During the examination, you can present documents to the doctors if you have not included them in the case in advance.

If you do not agree with the diagnosis, stage of the disease or fitness category, request that you be referred for additional examination.

Example: It often happens that as soon as a conscript begins to challenge the opinion of doctors, doctors or members of draft commissions immediately send him to a psychiatric hospital for additional examination. According to current legislation, no one has the right to do this without your personal consent.

Important. Doctors of the draft committee cannot change the diagnoses that are established in your medical documents. They can only rewrite them in the wording in which they are written. Doctors often write down diagnoses incorrectly and over-simplify them.

POSTPONEMENT

The deferment is provided by the commission after you have completed conscription activities.

There are deferments: for health reasons, for caring for relatives, for marital status, for work in special services and special agencies, deferments for deputies, heads of administrations, candidates for deputies, deferments for education, deferments for refugees and internally displaced persons and special deferments that are provided on the basis of a decree of the President of the Russian Federation.

Health deferment provided if doctors cannot determine your fitness category and send you for additional examination. It can be given for a period of 6 to 12 months. The conscript is assigned the category “temporarily unfit.”

Respite care for relatives. These are situations when your relatives need constant care for health reasons. And there are no other persons who can do this for you. The second type of deferment is if you are a guardian or trustee of a minor relative. In this case, the law says brother or your own sister. But they are also allowed to take care of nephews.

Deferment due to marital status. Required for those who are raising a child without a mother, have two or more children, have a disabled child under 3 years of age, or support a child and a pregnant wife whose pregnancy is more than 26 weeks.

Deferment for admission to higher education institutions. It is provided once, and only until October 1 of the year of passing the Unified State Exam.

Deferment for university studies. There are different levels of education - bachelor's, specialist's, master's, postgraduate. And for each level there is its own delay. After completing one level, a person has the right to receive the next deferment. The right to deferment remains during academic leave, in case of transition from one educational institution to another while maintaining the level of training.

While you are a student, generally 95% of the time you have a valid deferment. While this deferment is available, the military registration and enlistment office has no right to call you to conscription events. He can't even come near you. Forbidden.

Example: If you dropped out and submitted documents to another university without transferring, then the deferment ceased to apply. If you were expelled from a university for poor academic performance, you lose the right to a deferment, even if you are reinstated. If you are recovering from a discharge good reasons(family, medical), then you retain the right to a deferment, but its period does not increase.

Got a diploma and went straight into the army?

Students are not called up for conscription until they have graduated from universities. Graduation from a university - an order from the rector regarding expulsion.

Graduate students have the right to vacation after defending their thesis. They are needed so that a person has a chance to continue his studies, for example, in a master’s degree. Right to summer holidays available upon request. If you don’t write, you will be expelled on the first of June and may be called up. If you write, the summer holidays will last until August.

Example: Military registration and enlistment offices are often indignant that there are no vacations, they say, if you received a diploma, go to the army. Forget it. While you are on vacation, you retain your student status. And there is a scholarship, by the way.

APPEALING THE COMMISSION'S DECISION

Where can I complain about them?

Commission is a civil body. If you do not like the decision, action or inaction of the draft commission, complain either to the civil prosecutor's office, or to a higher draft commission, or to the court.

Military registration and enlistment office- territorial division of the Ministry of Defense. If the commissariat acts unlawfully - for example, issues an incorrect summons - complain about it to the military prosecutor's office. As a last resort, file a complaint with the court.

How can I get a copy of the draft board's decision?

To make a complaint, you must have a copy of the decision. Write an application addressed to the military commissar. Within 5 working days, the commissariat must either deliver a copy in person or send it by mail.

From the moment you receive the decision, you have three days to appeal it.

If you complain, you don't have to go to the army?

Complaints to the prosecutor's office do not suspend the decision. The decision can be suspended by an application either to a higher draft commission or to the court.

How to complain depends on the defense tactics. If you want to resolve the issue quickly, complain everywhere at the same time. If you want to prolong the matter, complain in stages: first to a higher draft commission, then to the court. This is important because from the moment the complaint is filed, the decision of the draft board is suspended.

Example: There is a summons - to come to the assembly point. Tomorrow. Write by hand statement of claim to court. It doesn’t matter what you write there, you can add it later. Pay the fee and run to any post office and send the letter. From the moment of sending the decision is suspended.

For how long is the commission's decision suspended?

If you complain to the regional draft commission, then the decision of the lower commission is suspended for the duration of the review - usually this is a 5-day period. As a rule, the regional ones support the decisions of the district ones. But you've already bought time.

If you complain to the court, the commission’s verdict is suspended until the court’s decision comes into force.

If you submit an application to the court in person, it will be faster; if you send it by mail, it will be slower. In court, the application goes to the office, is registered, and then submitted to the judge. The case takes 2-3 days to reach the judge. Then the judge decides whether to accept your complaint for proceedings, or refuse, or suspend it, in case you did not pay the fee or forgot to attach documents.

When the complaint is accepted, a preliminary hearing is held. As a rule, it is prescribed after a month. After this, in a week or a month, depending on the judge’s workload, the main court hearing will take place. The judge makes a decision, and it does not take effect immediately. You have month period for appeal. The case is then transferred to the regional court. And all this time the decision of the draft commission is not valid. And by this time the call had already ended.

Who to ask for help?

From human rights activists. For example, in organizations, "" in Moscow, in St. Petersburg. Human rights activists usually help for free.

Or you are looking for a lawyer who specializes in military matters. As a rule, these are former employees of the military prosecutor's office. This is very good specialists, they know the law thoroughly.

Who not to ask for help?

At the offices that post advertisements “Military ID is legal for 49,000 rubles.” This is a scam. Firstly, no one guarantees receipt of a military ID, because the decision is always made by a commission, and what it decides is not clear until the last minute. Secondly, you will simply pay this amount for filing a complaint in court. It is unclear what kind of lawyers there will be and whether they will draft the application correctly.

Everyone knows that the service of young citizens of the Russian Federation in the armed forces upon conscription is an obligation, the foundations of which are laid down in the Constitution of the Russian Federation, and the procedure and rules are determined by the relevant federal law and a number of others regulatory documents. The plan for the number of young people called up, approved by decree of the President of Russia twice a year, is being fulfilled much ahead of schedule- this speaks of the popularization of military service, increasing the status of servicemen, and improving conditions of service.

In 2019, the majority of young men themselves want to join the army in order to improve their physical fitness, learn skills the newest types weapons, and do not think about how to “diverge” from the army. Despite all the positive changes, some young people still avoid the army. For such conscripts and parents of young men, we remind you of criminal liability for evading military service.

Criminal liability for those who decide to “refuse to leave the army”

The Criminal Code of the Russian Federation contains a separate article for draft dodgers under number 328. This article provides for the following punishment:

a large fine, which can reach 170,000 - 200,00 rubles;
temporary imprisonment (arrest) for a period of up to six months;
imprisonment of the accused conscript for up to 2 years.

However, in this article the very vague formulation of “evasion of conscription for military service” is given as a crime. To clarify this formulation, a resolution of the plenum was issued Supreme Court RF, which clarified what exactly constitutes “evasion.” So, for example, faking any illness in order not to go into the army is pure draft evasion - this applies to guys who want to “exclude from the army due to health, if healthy,” and for such an act the judge will definitely apply the specified criminal article .

Also, a situation is regarded as a crime when a young man fails to come to the military registration and enlistment office several times, having previously received the appropriate summons if the purpose of the failure to appear was the desire not to go to the army. However, it is unlikely that the young man will be able to prove that he ignored the summons for any other purpose.

We draw the attention of conscripts and their parents that in relations with the military registration and enlistment office you should under no circumstances leave everything to chance. You must control all stages of the process yourself, or use legal support from our organization. You can consult with us for free in any city in Russia - the telephone numbers are listed in the Contacts section (the call is free). Remember that childish pranks and sloppiness in these matters can result in a prison sentence and a criminal record.

Who is exempt from conscription under federal law?

Federal law provides for categories of young conscripts who are exempt from conscription for military service. Here it should be emphasized that it is to obtain release according to the law, and not “to evade the army legally,” which means evasion from the army is a criminal offense. One of the most significant categories young people receiving exemption from the army by law are young men whose health status was compared by the medical commission of the military registration and enlistment office with the category “limitedly fit” (corresponding to the letter indicator “B”). By official statistics Ministry of Defense 27.4% of conscripts are exempt from the army due to health reasons. According to our statistics, among the conscripts who contacted us, more than 72% of the guys had “non-conscription” diseases after basic research. Call us, we will advise you, we will explain how to organize medical examination.

It should be noted that the conscript has the right to appeal the decision to recognize him as fit for military service. military service, as well as the opportunity to conduct an independent medical examination. We provide legal support at all stages right up to obtaining a military ID - we advise free of charge by phone numbers listed in the Contacts section. We remind you once again for those who are interested in “how to get out of the army on health grounds” that in 2019, for simulating symptoms of illness at the military registration and enlistment office, a conscript faces criminal liability. A thorough medical examination should be carried out to look for diseases - practice shows that many young men do not even realize that they are entitled to exemption from the army for health reasons by law.

Know your rights, conduct a body examination before a medical examination at the military registration and enlistment office, if you have questions or need help, call us.