Types of evasion
Evasion from military service means that a person does not show up when summoned to attend events related to conscription. At the same time, he must not have valid reasons, the list of which is established by current legislation. Formally, the call is divided into several component stages:
- receiving a summons;
- undergoing a medical examination;
- receiving a summons to arrive at the point from which the recruit is sent to the army.
Each stage is regulated by Federal Law No. 53 “On Military Duty and Military Service.”
Possibility to avoid military service for valid reasons
The legislation provides for an impressive list of various reasons that allow you to obtain a deferment, and in some cases, complete exemption from the army:
- Young men with a legal education can get a job in law enforcement agencies.
- Having two young children is considered a good reason.
- Registration of guardianship to care for relatives who need the help of a recruit.
- Studying full-time will allow you to postpone your conscription until you receive your diploma.
- Receiving a serious diagnosis that is incompatible with the army will make it possible to obtain a military ID card for health reasons.
Read more about what deferments from military service are available here.
Having carefully studied the list of existing deferments and circumstances that make evasion from military service completely legal, the conscript will not have to worry while waiting to be sent to the troops, without fear of punishment.
The most common option to sideline is health problems. A fairly extensive list of pathologies included in the “Schedule of Diseases” allows many guys to discover a diagnosis with which it is not possible to treat. Having received category “B”, a young man in peacetime can forget about subpoenas.
Conscript Alert
In accordance with the second paragraph of Article 31 of the already mentioned federal law, a summons is handed to the addressee only against signature.
If representatives of the commissariat do not have the opportunity to serve a summons, they initiate a search for the conscript. This responsibility falls on the shoulders of police officers.
You need to understand that the police are not involved in detaining conscripts or delivering them to the commissariat. Its task is solely to determine where the wanted person is in order to issue a summons to him.
Thus, at this stage, no article for evasion is in force. Until the summons has found its addressee, and he has not signed for its instructions, there is no corpus delicti or offense in the actions of the conscript.
Commentary on Article 328 of the Criminal Code of the Russian Federation
1. The legal basis for military service is Art. 59 of the Constitution and the Law on Military Duty.
1.1. In Art. 59 of the Constitution states that a citizen of the Russian Federation performs military service in accordance with federal law. A citizen of the Russian Federation, if his convictions or religion is contrary to military service, as well as in other cases established by federal law, has the right to replace it with alternative civilian service.
1.2. In accordance with Part 1 of Art. 2 of the Law on Military Duty, military service is a special type of federal public service performed by citizens in the Armed Forces of Russia, as well as in the border troops, internal troops of the Ministry of Internal Affairs of Russia, civil defense troops, engineering, technical and road construction military formations under federal bodies executive power, the Foreign Intelligence Service of the Russian Federation, FSB bodies, the federal body for special communications and information, federal state security bodies, the federal body for ensuring mobilization training of government bodies of the Russian Federation, military units of the State Fire Service of the Ministry of Emergency Situations of Russia and special formations created for wartime, as well as foreign citizens in the Armed Forces of the Russian Federation, other troops, military formations and bodies.
1.3. In accordance with Part 1 of Art. 22 of the specified Federal Law, citizens subject to conscription for military service are: male citizens aged 18 to 27 years, who are or are required to be registered with the military and are not in the reserves (hereinafter referred to as citizens who are not in the reserves); male citizens aged 18 to 27 years who have graduated from state, municipal or non-state educational institutions of higher professional education with state accreditation in the relevant areas of training (specialties) and are enrolled in the reserve with the conferment of the military rank of officer.
1.4. In accordance with Art. 23 of the Law on Military Duty the following citizens are exempt from conscription for military service: those recognized as unfit or partially fit for military service due to health reasons; undergoing or have completed military service in the Russian Federation; undergoing or have completed alternative civil service; have completed military service in another state. The following citizens have the right to exemption from conscription for military service: those who have the academic degree of a candidate in the Criminal Code of the Russian Federation or a doctor of science provided for by the state certification system; who are sons (siblings) of: military personnel who died (died) in connection with the performance of their military service duties, and citizens who underwent military training, who died (died) in connection with their performance of military service duties during military training; citizens who died as a result of injury (wounds, trauma, concussion) or illness received in connection with the performance of their military service duties, after dismissal from military service or after the end of military training.
Citizens who have an unexpunged or outstanding conviction for committing a crime are not subject to conscription for military service; in respect of which an inquiry or preliminary investigation is underway or in respect of which a criminal case has been submitted to court.
2. The object of the criminal attack is the procedure established by law for recruiting the Armed Forces of the Russian Federation and performing alternative civil service.
3. The objective side of the crime is expressed in evasion of conscription for military service (Part 1) or evasion of alternative civilian service by persons exempt from military service (Part 2).
3.1. Conscription of citizens who are not in the reserves for military service includes: attendance at a medical examination and a meeting of the draft commission; reporting to the military commissariat to be sent to the place of military service; staying at the military commissariat before being sent to the place of military service (Part 1 of Article 26 of the Law on Military Duty). Conscription for military service of citizens enlisted in the reserve with the assignment of the military rank of officer includes: reporting for a medical examination and to the military commissar to make a decision on conscription for military service; reporting to the military commissariat and receiving an order to leave for the place of military service (Part 2 of Article 26 of the Law on Military Duty). Carrying out these actions is the responsibility of citizens called up for military service in accordance with Art. 31 of the Law on Military Duty.
3.2. Deliberate evasion from performing these actions constitutes a crime under Part 1 of the comment. articles. However, the Law on Military Duty in Part 2 of Art. 7 provides for the possibility of a citizen’s failure to appear for good reasons at events related to conscription for military service, which excludes involvement in military service. These, in particular, include: illness or injury of a citizen associated with loss of ability to work; serious health condition of the father, mother, wife, husband, son, daughter, brother, 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 that does not depend on the will of the citizen; other reasons recognized as valid by the conscription commission, military commissar (for citizens called up for military service from the reserve) or the court. Other reasons include the following: detention of a conscript by law enforcement agencies; untimely, through no fault of the conscript, receipt of the appropriate summons about the need for his appearance, etc.
4. The elements of the crime provided for in Part 1 comment. article is formal. The crime is completed (by composition) at the moment of expiration of the time for the person to appear at the appropriate place for conscription for military service. In this case, the crime is ongoing and is considered to be committed until it is suppressed or the culprit voluntarily appeals to the competent authority (turns himself in).
5. The subjective side of the crime (Part 1) is characterized by an intentional form of guilt. The intent is direct. The motives and goals of such evasion to qualify the act as a crime under Part 1 of Art. 328 do not affect, but may be important when assigning punishment. At the same time, if there is evasion of conscription for military service for religious or other reasons, as a result of which a belief has arisen about the impossibility of performing military service, there is no corpus delicti.
6. The subject of the criminal attack provided for in Part 1 of the comment. The article, along with general features, has a number of special features. Firstly, the subject of the crime in question can only be a citizen of Russia (Article 59 of the Constitution). Secondly, male citizens aged 18 to 27 years are subject to conscription for military service, i.e. The minimum age of the holder is 18 years.
7. The objective side of the crime provided for in Part 2 of the comment. article, is expressed in evading alternative civil service.
The procedure for performing alternative civil service is regulated by Federal Law dated July 25, 2002 N 113-FZ “On Alternative Civil Service” (as amended on July 6, 2006) <1>. ——————————— <1> NW RF. 2002. N 30. Art. 3030; 2004. N 35. Art. 3607; 2006. N 1. Art. 22; 2006. N 29. Art. 3122.
8. Composition part 2 comments. The article is also formal. The crime is completed (by composition) at the moment of failure to arrive on time at the place of alternative civil service or from the moment of deliberate failure to fulfill the duties assigned by law in connection with the performance of such service.
9. The subjective side of the crime (Part 2) is characterized by an intentional form of guilt. The intent is direct. The motive and purpose of committing the act do not affect qualifications.
10. The subject of the criminal attack provided for in Part 2 of the comment. Article, along with general features, has a number of special features: the subject of the crime in question can only be a citizen of Russia (Article 59 of the Constitution); a male person aged 18 to 27 years (Article 22 of the Law on Military Duty); a citizen of Russia whose convictions or religion are contrary to military service, as well as in other cases established by federal law, and for whom military service has been replaced by alternative civil service (Article 59 of the Constitution).
11. The acts are classified as crimes of minor gravity.
Arrival for examination at the military registration and enlistment office
A person, if he has been given a summons in accordance with the established procedure, for which he has signed, is obliged to arrive on a certain day and time for inspection.
Usually, if a conscript does not come for examination the first time (one time), he may be fined for evasion in the amount of up to five hundred rubles. This sanction is defined by Article 21.6 of the Code of Administrative Offenses of the Russian Federation.
At the same time, systematic failure to appear when summoned to the military registration and enlistment office is punishable by a more serious punishment, defined by criminal law. The same thing happens if the presence of intent to evade military service is proven.
Many people are interested in how the sanction is determined. According to Plenum No. 3 of the RF Armed Forces of April 3, 2008, this directly depends on what the draft dodger’s intent was aimed at. So, if he did not come for a medical examination, with the goal of avoiding conscription altogether, then this will entail a sanction defined by criminal law.
What does the commissariat do if a citizen does not come when summoned? Its authorized employees draw up a protocol on the offense or send materials to the Investigative Committee for further initiation of a case on the fact of evasion. Usually this happens after repeated failure to appear at the military registration and enlistment office without good reason. These are considered:
- the conscript's illness or injury, due to which he lost the opportunity to work;
- serious condition of relatives, their funeral;
- other circumstances that do not depend on the wishes of the citizen himself.
This list is not exhaustive, since the composition of the draft commission may recognize other reasons as valid. The judiciary also has this right.
If we talk about the punishment for evasion itself, it is determined by Article 328 of the Criminal Code of the Russian Federation. Its sanction allows you to select and appoint:
- fine up to 200,000 rubles;
- arrest for up to six months;
- imprisonment for up to two years.
Administrative liability for violation of military registration rules - fines and punishments
For violations specified in Articles 21.5-21.7 of the Code of Administrative Offenses of the Russian Federation, the draft dodger can also be punished. He may be subject to a fine, the amount of which in 2021 is 500 rubles.
- A representative of the military registration and enlistment office can impose such punishment (Article 23.11 of the same code). Usually, first of all, a protocol on the offense is drawn up and a copy of it is given to the draft dodger against signature.
- Next, the matter goes to the military commissar, who must decide whether the conscript was right. Its decision can only be appealed by the district court.
Additional examination
In some cases, a medical examination alone is not enough to determine the diagnosis or issue of a citizen’s suitability for military service. Then the military registration and enlistment office sends the conscript for an optional examination. You can refuse this if you write a corresponding statement. However, you need to understand that it is not considered an evasion of medical examination and conscription in general.
If a person does not come for examination, then, depending on the intent, the punishment for evasion will be administrative or criminal.
How to avoid being included in the list of “draft dodgers”
The desire to screw up in any way most often leads to punishment. There is no point in hiding from the military registration and enlistment office; the young man’s personal file will be transferred to the investigative committee for further investigation, and the guy will be called in for an interview.
In case of failure to appear, the conscript is put on the wanted list; it will not be possible to avoid criminal liability, outlined in Article 328 of the Criminal Code of the Russian Federation, as evasion from the army.
A guy can be detained when applying for a job, presenting a passport, bank card, or other documents.
It is also not wise to hide until you reach the age of non-conscription.
If there is no desire to comprehend military science, it is worth considering more competent, safe options by turning to specialists.
"Combat" agenda
The relationship between the conscript and the military commissariat ends with the delivery of the so-called “combat” summons to him. The citizen signs for receiving this document, thereby committing to arrive at the specified date and time with things at a certain point. From there he will go on military service.
If he fails to appear, in most cases a criminal case is initiated against him for evasion.
Failure to appear at the recruiting office (without the already mentioned valid reasons) is only possible if a citizen tries to appeal the commission’s decision in court. Ten days are given for this.
Evasion from the army, consequences
For those who once practiced evading the army, the consequences will not be very pleasant. Since December 26, 2014, men who did not serve and did not have legal grounds for exemption, in other words, evaded military service, instead of a military ID, receive a certificate, the form of which is approved by Order of the Minister of Defense of July 18, 2014 No. 495.
This is also important to know:
Deferment from the army: who can get it and how
Obtaining a military ID after 27 years old occurs in the same way, depending on whether you served or not.
Chances of acquittal
In February 2015, investigators in Mari El opened a criminal case against the coach of a children's sports school, Samvel Asatryan. Asatryan was already 27 years old at that time, but according to investigators, he evaded conscription earlier - in November 2014. During the trial, it turned out that the teacher received Russian citizenship when he was 26 years old, and in his youth he managed to serve in conscription in Nagorno-Karabakh. However, Asatryan was acquitted not because he had already paid his military debt to another country: it turned out that it was not he who broke the law when he did not appear on the summons, but the military registration and enlistment office when he sent it. The fact is that teachers are not subject to conscription in the fall - only in the spring. In September 2015, Samvel Asatryan was acquitted, and later they even apologized and paid him compensation.
“It is important to remember that when considering cases under Article 328, the court is obliged to establish whether the conscript had illnesses that prevented conscription or other reasons not to serve - even if he did not officially receive a deferment and did not notify the military registration and enlistment office. And if they were, the criminal case is terminated for lack of corpus delicti,” points out Alexander Peredruk.
Evasion from military service is a continuing crime, and it ends when the conscript reaches 27 years of age. If a criminal case was not opened earlier and the accused did not hide, then the statute of limitations expires after two years, since this crime is classified as not serious.
In what cases is punishment applied to evaders?
From everything it follows that evading the army is quite dangerous and strictly punishable. Every young person must be aware of his actions, and even more so bear responsibility for them.
It is important to understand that any secret place when a guy is put on the federal wanted list will be revealed and he will be put on trial. Upon receipt of the case, the Investigative Committee will do everything possible to bring the young man to justice and prove his guilt.
And if, due to his age, the child is arrogant, parents should take this point into account and prevent him from becoming responsible. In addition, the stamp of a criminal record will ruin the young man’s reputation forever, and it will be difficult to realize one’s career and social potential.
Important: when falsifying documents, such as a medical examination report, you should remember that they will be thoroughly examined, and when proving a criminal case, responsibility will be appropriate.
If the realization of what was done came late and the deed has already been done, you should try to alleviate your guilt, to do this you need to turn to a lawyer for help and come to the military registration and enlistment office with repentance.
If you receive a verdict, you should also not despair; every citizen has the right to dispute the court’s decision. There is a standard 10 days for this after the verdict is announced.
Advice: the participation of a specialized human rights activist in the case and personal repentance in most cases leads to a suspended sentence for the evader.
