Do they join the army by conscription or contract, with a criminal record?

According to the legislation of the Russian Federation, military service is the obligation of an adult male citizen of the Russian Federation. In some cases, young people may be exempt from military duty for a certain period of time or completely. The question of whether they are accepted into the army with a criminal record worries many conscripts with a troubled past. However, avoiding service in this way is highly discouraged, since it is not only a temporary opportunity to evade the obligation, but also leaves an imprint on the person’s future. Read more about the nuances of conscription into the army in such cases in our article.

Do they take you into the army with a criminal record?

Concept of criminal record

When a young man is accused of committing a criminal offense, all circumstances of the incident are considered in court. The proceedings take into account the evidence presented, the testimony of all participants in the process and persons involved, including the arguments of the defense. As a result, a decision is made. If a court verdict finds a person guilty, he is subject to punishment based on the severity of the criminal offense committed.

Article 86 of the Criminal Code of the Russian Federation defines a criminal record as the period of time from the beginning of the sentence to the day of its expiration, that is, this is the status of a person found guilty, which remains with him for a specified period. A note about it is placed in the citizen’s passport. In this case, the criminal record is either suspended (without imprisonment) or prison.

ATTENTION! It is a mistake to believe that status remains with a person for life. After the expiration of the established time, the criminal record is expunged, and the citizen becomes “clean” before the law.

Article 86. Criminal record (Federal Law No. 63)

However, information about a past violation is stored in the Ministry of Internal Affairs database and is retrieved under certain circumstances (for example, in case of a repeat crime). This data may serve as the basis for characterizing a person in some cases (for example, when applying for a job). A criminal record becomes an obstacle when being appointed to government and other positions that require an untarnished reputation as a citizen, when applying for a visa, and so on. This status introduces some restrictions regarding the involvement of a young man in military service, but completely exempts him from it only in certain cases.

Video - How to remove criminal record data from the Ministry of Internal Affairs database?

How duty of service and criminal record are combined

Military service is the duty of every adult male with Russian citizenship. Exceptions include young people with health problems and, in some cases, a criminal record.

According to the law, a young man cannot be drafted into the army if he is serving a sentence in prison or is a suspect in a criminal case and is being investigated.

After the criminal record is completely expunged, the young man can be drafted into the army. If by this time he has not reached the age of 27 years.

Conscription into the army with a criminal record

In the Russian Federation, conscription is considered to be between 18 and 27 years of age, and a significant proportion of criminal offenses occur during this period of young men’s lives. There is a misconception that a suspended sentence removes the obligation to perform military service. This restriction applies only until the completion of the probation period designated by the court. The same applies to prison convictions. Refusal of military conscription is possible only while this status is maintained. When a criminal record is expunged, a man has the right to be called to service.

Who is released?

Categories of citizens who are not subject to military conscription are indicated in Art. 23 Federal Law No. 53 dated March 28, 1998 (as amended on March 18, 2019). The possibility of recruiting persons with a criminal record to serve is described in paragraph 3 of this law. The following are exempt from conscription:

• citizens punished with compulsory or correctional labor, arrested, deprived of liberty or restricted in movement;
• persons with a criminal record that has not been expunged or expunged;
• citizens under investigation, in respect of whom an inquiry is being carried out or their case has been sent to court.

Article 23. Exemption from conscription for military service (Federal Law No. 53)

Thus, young people of military age who not only have a valid criminal record, but also against whom a criminal case has been initiated, an investigation and trial are underway, are not accepted into the army. In the latter case, they are brought into service only after a procedural decision on their innocence has been announced.

Conditional sentence

Article 86 of the Criminal Code of the Russian Federation also includes conditional liability for a crime as a criminal record. This punishment is considered milder than prison. The guilty person is not deprived of his freedom, but only restricted in his movements (traveling abroad, changing his place of residence, sometimes leaving his apartment is prohibited), he is prescribed correctional labor, forced treatment, and so on.

ATTENTION! A citizen with a suspended sentence is not drafted into the army until the criminal record is expunged, that is, until the completion of the probationary period. Based on the court decision, in criminal law it ranges from 6 months to 3 years.

After the correction period is completed, the criminal record is annulled, that is, the young man can be recruited for military service if his age is considered conscript.

After being released from prison

According to the legislation of the Russian Federation, after completing the period of imprisonment and the cancellation of a criminal record, a person can be called upon to perform military duty.

Joining the ranks of recruits is possible after release from prison and expungement of a criminal record.

However, in practice, the approval of the call is carried out based on:

• the severity of the offense;
• decisions of the military registration and enlistment office leadership.

In some cases, the involvement of persons of this category in the service is not encouraged. The military registration and enlistment office often prefers not to conscript citizens who have served sentences for serious and especially serious crimes. This decision was motivated by responsibility for the safety of the remaining recruits.

ATTENTION! If a young man of military age wants to serve, he has no right to refuse him. 2 weeks after expunging his criminal record, he can visit the military registration and enlistment office (even if there is no summons). Upon successful completion of the medical examination, he will be enlisted for service.

When visiting the commissariat, the former convict is required to provide, in addition to other required documents, a certificate of initiation and termination of a criminal case indicating the reason. The decision on the type of military service to which the conscript will be sent will be made by the military registration and enlistment office. After a person’s unfavorable past, his enrollment in the Airborne Forces, the presidential regiment and other elite, and contract service are unacceptable or limited. Otherwise, the verdict is rendered on a general basis.

Features of legislation

If citizens of military age are under investigation, or their cases are referred to court, conscription is impossible - all the efforts of the military registration and enlistment office will be in vain and will be contrary to the law. A criminal record and being under arrest are incompatible concepts. Persons under arrest will not be able to be called up for service until a procedural decision is made in relation to them.

Conditional conviction

With a suspended conviction, the road to the army is closed, because such young men do not have the opportunity to perform real service. This is due to their performance of compulsory public works, which are incompatible with the duties of a warrior.

But this does not mean that persons who do not want to serve can “opt out from the army” by receiving a suspended sentence. Attempts to evade service are suppressed by law. In addition, this status deprives a person of the opportunity to:

• work in a decent job;
• occupy leadership positions;
• find a job in banks or kindergartens, schools;
• hold public office.

After the end of the conditional (probationary) period, the criminal record is removed (cancelled). There is no guarantee that after its repayment the guy will not be drafted into the army.

Call for expungement of a criminal record

The offender must fully serve the established sentence and not break the law for the time specified in Art. 86 of the Criminal Code of the Russian Federation - then the criminal record is annulled. The length of the probationary period depends on the severity of the offense and the punishment approved for it.

Table. Deadline for expiration of a criminal record

ATTENTION! If the convicted person was released before the deadline or the unfulfilled part of the sentence was replaced with a lighter one, the repayment period is established based on the period actually served.

After the cancellation of this status, a man can be recruited to serve if his age is within the conscription age range. Repayment is automatic, so there is no need to wait for a notice or court decision. For example, an 18-year-old person was convicted of a crime of moderate gravity and sentenced to 5 years in prison. After completion of the term, the young man’s age is 23 years. However, the criminal record was recognized as expunged after 3 years, when the man was already 26 years old. Since his age is within the limits specified by law, he has the right to be recruited to serve. A man is required to visit the military registration and enlistment office - undergo a medical examination and receive a verdict on the possibility of conscription. If a criminal record is expunged when a young person is over 27 years of age, he is released from the obligation to serve. In this case, the citizen must visit the military registration and enlistment office, undergo a medical examination and receive a military ID (regardless of the conclusion of specialists).

Video - Conscription into the army with a criminal record

What are the consequences of having a criminal record?

Criminal records affect various areas of the law.

Criminal law

Criminal legal consequences of a criminal record:

Useful information

You can find out whether a criminal record has been expunged in these ways through the official website of the court in which the case was conducted or through the website of the Ministry of Internal Affairs of the Russian Federation. In any case, these databases cannot guarantee reliable information, and the best way to find out about a criminal record or lack thereof is to issue a certificate from the Ministry of Internal Affairs.

• Leads to the inability to free oneself from liability due to repentance or reconciliation with the victim (Article 76 of the Criminal Code).
• In repeated quantities it is expressed by the concept of relapse and serves as an aggravating circumstance (Article 18 of the Criminal Code). This, in turn, affects the type of penalty (Article 68 of the Criminal Code) and its implementation (Article 58 of the Criminal Code).
• If a convicted person commits a new illegal act while serving his sentence, he is subject to additional penalties. They are added to the already prescribed measures in whole or in a truncated amount (Article 70 of the Criminal Code).
• A convicted person may be released from a sentence on parole no earlier than two-thirds of its duration has passed if in the past:
  he was convicted;
• received parole;
• The parole was canceled for the reasons specified in Part 7 of Art. 79 of the Criminal Code.
• The amnesty does not apply to criminals:
  sentenced to imprisonment more than twice;
• who have committed an intentional act and have previously been repeatedly convicted of serious crimes (clauses “c” and “d” of Article 10 of the Permanent State Duma of December 24, 1997).

Criminal law

Persons sentenced to imprisonment:

1. For the first time, and for more than 5 years, they can, if they wish, remain in a prison institution to do housework.
2. Repeatedly, they are kept separately from those who violated the law for the first time (Part 5 of Article 50 of the Penal Code).

General legal consequences

Convicts serving their sentences are deprived of the right to vote (Part 3 of Article 32 of the Constitution). Also, those convicted of a deliberate unlawful act cannot purchase weapons (Article 13 of the Federal Law “On Weapons” of December 13, 1996). In addition, having a criminal record creates some restrictions on the rights to hold certain positions, travel outside the country, perform military service, and others.

Employment restrictions

An expunged or suspended criminal record when applying for a job cannot serve as an obstacle for an applicant, except in cases provided for by law. For example, persons convicted of illegal acts directed against (Article 331 of the Labor Code) cannot work as teachers:

• life and health;
• freedom and dignity;
• sexual integrity;
• family values;
• principles of the Constitution and state security.

Persons convicted of committing mercenary actions (theft, extortion, etc.) are not entitled to hold positions in municipal and state bodies, banks, and others related to the management of material assets. Also, former convicts are prohibited from holding positions in (Article 9 of the Supreme Court Regulation “On approval of the Service Regulations...”):

• court;
• the prosecutor's office;
• law enforcement;
• advocacy;
• security service;
• customs;
• private detective agencies;
• educational sphere;
• medicine;
• organizations using narcotic and psychotropic drugs;
• aviation;
• other areas.

Ban on traveling abroad

Persons who have an outstanding criminal record do not have the right to travel outside the country (clause 4 of article 15 of Federal Law No. 114 “On the procedure for leaving ...” dated August 15, 1996). Since 2010, this rule also applies to those sentenced to a suspended sentence. However, if there is a close relative abroad who has died or is near death, the convicted person can travel abroad with a criminal record. To do this, you need to submit an application mentioning the reason for the trip and present documentary evidence of its existence.

Do not forget that some countries have their own attitude towards the dubious past of foreign guests. For example, an applicant with a criminal record, even if it has been expunged, will not be able to obtain a visa to the USA, Great Britain and the European Union. The item with this information is contained in the form and is required to be filled out.

Appeal for expungement of a criminal record

According to Art. 86 of the Criminal Code of the Russian Federation, if after completion of the execution of the sentence a person behaved well and compensated for the damage caused by the offense, then, at his request, the criminal record can be removed before the end of the period for its repayment. The court issues a special permit, but in practice this phenomenon is considered rare. The removal of a criminal record is also carried out when a citizen falls under amnesty. Another option permitted by law is pardon, the authority for which rests with the highest official of the country. Such an outcome of criminal liability is extremely rare. When a criminal record is cleared, a citizen of military age may be required to perform military duty.

Release from liability

A guilty person who is released from punishment is considered not to have been convicted (Part 2 of Article 86 of the Criminal Code). This is important for those wishing to serve under a contract, since contract service is not accepted with a criminal record. You can avoid punishment if:

• refusal to accuse the injured party;
• termination or closure of office work;
• removal of the article under which the crime was classified from the Criminal Code;
• minors who committed the act:
  mild or moderate severity;
• grave degree, if the judge ordered educational measures that do not form a criminal record (Part 1.2 of Article 92 of the Criminal Code);
• economic offense (Article 76.1 of the Criminal Code);
• active repentance (Article 75 of the Criminal Code);
• reconciliation of the parties (Article 76 of the Criminal Code);
• the end of the limitation period (if there is no fault of the defendant), during which the perpetrator can:
  bring to justice (Article 78 of the Criminal Code);
• subject to penalties (Article 83 of the Criminal Code).

Other situations of exemption from punitive measures relate to a suspended sentence, premature disposal of penalties, and various deferments. The criminal record of a serviceman released from punishment due to his incompatibility with a disease is expunged a year after his release (clause 3 of Article 86 of the Criminal Code).

Possibility of contract service

While it is permissible to draft into the army citizens who have a criminal record in the past, contract soldiers are subject to increased requirements. The conditions for admission to this type of service are reflected in Article 34 of Federal Law No. 53 of March 28, 1998 (as amended on March 18, 2019). Clause 5, paragraph 4 of the above law determines that the execution of a contract is unacceptable with persons:

• against whom a guilty verdict has been confirmed;
• those who are under investigative process, inquiry, if the criminal case against them has been sent to court;
• those who were in prison;
• whose criminal record has not been expunged or expunged;
• those bearing administrative responsibility for the use of drugs and psychotropic drugs without medical prescription;
• who have lost the right to take up military positions for the period specified by the court before the end of this period.

The Ministry of Defense will not conclude a contract with citizens belonging to these categories, but it is possible to sign a contract with men with an expunged criminal record that does not imply a prison term. A completed suspended sentence also does not act as an obstacle to contract service.

A criminal record does not become a reason for refusing to attract a citizen of military age to military service if it has been expunged or withdrawn. However, when serious crimes are committed, the leadership of the military registration and enlistment office does not welcome the admission of such recruits into the armed forces of the Russian Federation. In addition, a criminal record is a reason for refusal to serve in elite troops or when accepting a person for government and other positions that require an unblemished citizen’s biography.

Are they drafted with a suspended conviction?

Often, courts show leniency towards a person who has committed a crime and give him a suspended sentence instead of a real one. However, from the point of view of the opportunity to serve in the army, the picture does not change much.

After all, the imposition of a suspended sentence still indicates a guilty verdict. Accordingly, an active criminal record appears, which can be cleared according to the established procedure. In addition, some additional restrictions may be imposed.

The above also applies to the prospects for concluding a contract for military service. Clause 5 of Article 34 of the above-mentioned Law No. 53-FZ contains similar clauses.