Evasion from military service (article of the Russian Criminal Code 2021) how evaders are found

New edition of Art. 328 of the Criminal Code of the Russian Federation

1. Evasion of conscription for military service in the absence of legal grounds for exemption from this service -

shall be punishable by a fine in the amount of up to two hundred thousand rubles, or in the amount of the wages or other income of the convicted person for a period of up to eighteen months, or by forced labor for a term of up to two years, or by arrest for a term of up to six months, or by imprisonment for a term of up to two years.

2. Evasion of alternative civil service by persons exempted from military service -

shall be punishable by a fine in the amount of up to eighty thousand rubles, or in the amount of the wages or other income of the convicted person for a period of up to six months, or by compulsory labor for a term of up to four hundred eighty hours, or by arrest for a term of up to six months.

What does draft evasion mean?

Means deliberate actions aimed at exemption from conscription, military service, alternative service by feigning illness, failure to appear at the military registration and enlistment office, or other actions of a person of military age. In world practice, both isolated cases of evasion and mass cases are known, when citizens do not support the position of the state and do not go to war. Most countries have compulsory conscription for military service, and evasion is punishable by law. During the Vietnam War, the English term appeared. draft dodgers, which means "dodger".

Ways to evade military service are:

1. illness simulation;
2. bribe;
3. self-harm;
4. spontaneous abandonment of a military unit;
5. desertion for a military personnel;
6. ignoring events related to conscription, expressed in failure to appear at the military registration and enlistment office;
7. submission of false or fictitious documents in order to obtain a deferment or release;
8. failure to appear without good reason for a medical examination or a meeting of the commissariat;
9. other deceptive actions.

As for draft evasion, this most often includes failure to appear at the military registration and enlistment office, ignoring summonses, running away from the commissariat employees, traveling outside the country at the time of the conscription campaign, feigning illness, and providing false documents.

Criminal liability for evasion of military service

In the Russian Federation, evading the army is a criminal offense.

• Article 337 of the Criminal Code of the Russian Federation - “Unauthorized abandonment of a unit or place of service.” Punishable by arrest for up to six months or detention in a disciplinary military unit for one year.
• Article 338 of the Criminal Code of the Russian Federation - “Desertion”. Provides for imprisonment for up to seven years.
• Article 339 of the Criminal Code of the Russian Federation - “Evasion of military service duties by feigning illness or other means.” There is a restriction on military service for a period of up to one year, or arrest for up to six months, or detention in a disciplinary military unit for one year.
• Article 328 of the Criminal Code of the Russian Federation - “Evasion from military and alternative civil service.”

The following acts entail criminal liability:

• failure to appear without good reason on summons from the military registration and enlistment office for a medical examination, a meeting of the draft commission, or the military commissariat for dispatch to the place of military service;
• refusal to receive a summons;
• a conscript fraudulently obtaining exemption from military service as a result of feigning illness, causing any injury to himself, forgery of documents, or other deception;
• unauthorized leaving by a conscript of a collection point in order to evade conscription for military service.

Resolution of the Plenum of the Supreme Court of the Russian Federation dated April 3, 2008 No. 3 “On the practice of courts considering criminal cases of evasion of conscription for military service and military or alternative civil service” clarified that the subjects of the crime provided for in Part 1 of Article 328 of the Criminal Code of the Russian Federation are male citizens who have reached the age of 18, are or are required to be registered with the military, are not in the reserve, and are subject to conscription for service in accordance with the procedure established by law.

The conscription age in the Russian Federation is 17-27 years. Criminal proceedings are initiated if a crime is committed before the age of 27 and if the statute of limitations has not expired. The court considers the existence of grounds on which the conscript had the right to a deferment or exemption from military service. An example of such a situation is when a young person enters a higher-level state educational institution to study. The court exempts the citizen from paying a fine and criminal liability if the crime is committed for the first time and does not pose a danger to the public.

What should a conscript do after committing illegal actions?

If a young man nevertheless makes an attempt to evade the army, then after reflection and awareness of everything that has been done, he must, first of all, calm down, after which he should appear at the military registration and enlistment office or seek legal help; an experienced specialist will certainly help to cope with the current situation.

After a decision has been made to impose administrative or criminal liability, the young man can try to challenge it within 10 days. To do this, you must submit a petition to the prosecutor's office, court or military registration and enlistment office. According to legal practice, if a young man realizes the illegality of his actions and admits them, he can receive a suspended sentence.

Administrative responsibility

Evasion of conscription without legal grounds is punishable by a fine. A payment of up to 200,000 rubles, 1 salary or other income of the convicted person for 18 months is provided. If there is no opportunity or desire to pay a fine, another punishment is provided - forced labor for 2 years, arrest for up to 6 months, imprisonment for up to 2 years. (As amended by Federal Laws dated December 8, 2003 N 162-FZ, dated March 7, 2011 N 26-FZ, dated December 7, 2011 N 420-FZ). The penalty is determined by the court.

Evasion of alternative civil service by persons exempted from military service is punishable by a fine of up to 80,000 rubles or in the amount of wages or other income of the convicted person for 6 months. If it is impossible to make a payment, other penalties are provided - compulsory work for a total of 480 hours, arrest for up to 6 months. (As amended by Federal Laws dated December 8, 2003 N 162-FZ, dated March 7, 2011 N 26-FZ, dated December 7, 2011 N 420-FZ)

What is military service

Military service is professional service activity in military positions in the armed forces, troops, formations, bodies ensuring security and state defense. The main task is protection, defense of the country. Each soldier is assigned a specific rank. In most countries, only men are conscripted into military service. In Russia, the age range is from 18 to 27 years. In case of martial law, men under 50 years of age are called up.

Citizens of Russia - men and women - can serve on a voluntary basis - contract, or compulsorily - by conscription. All citizens in service receive the status of military personnel. Titles are awarded in accordance with Art. 6, Federal Law “On the Public Service System of the Russian Federation” of May 27, 2003.

The beginning of service is the day of departure from the military commissariat to the place of conscription service. Duration for conscripts is 1 year. Consists of the daily performance of military duties in the Armed Forces of the Russian Federation, other state troops, foreign intelligence agencies, security agencies, and other formations and bodies.

The status of a military serviceman is determined by the Constitution of the Russian Federation, the Federal Law “On the Status of Military Personnel”, the Federal Law “On Military Duty and Military Service” of March 28, 1998, other federal constitutional laws and federal laws, as well as decrees of the President of the Russian Federation, decrees of the Government of the Russian Federation , military regulations, and other regulatory legal acts. A serviceman has job responsibilities, rights, a certain amount of work, functions, and tasks. They are determined by military regulations, regulations, manuals, instructions, orders of direct superiors.

The President of the Russian Federation states:

1. a unified list of military positions to be filled by senior officers in the Armed Forces of the Russian Federation, other troops, military formations and bodies;
2. the total number of military positions to be filled by colonels, captains of 1st rank in the Armed Forces of the Russian Federation, other troops, military formations and bodies.

The Minister of Defense of the Russian Federation, the head of another federal executive body determines the procedure for approving the List of other military positions.

Formations for ensuring defense and state security include:

1. Ministry of Defense of the Russian Federation (Ministry of Defense of Russia);
2. Federal Service for Technical and Export Control;
3. Federal Service for Military-Technical Cooperation;
4. Federal Agency for Special Construction of Russia (Spetsstroy Rossii);
5. Federal Security Service of the Russian Federation (FSB of Russia);
6. Federal Security Service of the Russian Federation (FSO of Russia);
7. Federal Service of the National Guard Troops of the Russian Federation;
8. Border Service of the Federal Security Service of the Russian Federation;
9. State Fire Service;
10. Foreign Intelligence Service of the Russian Federation (SVR of Russia);
11. Ministry of the Russian Federation for Civil Defense, Emergency Situations and Disaster Relief (EMERCOM of Russia), including military units;
12. Ministry of Internal Affairs of the Russian Federation (MVD of Russia);
13. Main Directorate of Special Programs of the President of the Russian Federation (GUSP).

Each conscript is assigned a fitness category based on the results of the medical commission. Young people with good health and good physical fitness are selected to serve in the elite troops. They are assigned category A. Guys with good health or minor deviations are taken into any troops, they are assigned fitness categories A, B. They are released from service and sent to the reserve for those who, for health reasons, cannot serve in the army. In this case, category B is assigned. Conscripts with significant health problems are completely exempt from serving in peacetime and wartime; they are given a military ID with category D.

Advice for conscripts

Thus, criminal liability for evading military service is a very real practice of military registration and enlistment offices and the investigative committee. In case of a minor violation, the young person is given an administrative penalty in the form of a small fine. In case of constant avoidance of appearing at the military registration and enlistment office, systematic violations, the young man is brought to criminal responsibility, which threatens big troubles.

But it is worth remembering that even if the draft dodger was brought to administrative or criminal liability, then after all the proceedings and the due punishment, the young man will still be called up for service. Therefore, in order not to ruin your future life, it is recommended to adhere to the law and, if necessary, serve in the army.

If a young man has a serious illness, he should not try to evade the army, because a deferment or release can be achieved legally. To do this, you must provide the military registration and enlistment office with appropriate medical certificates indicating the presence of health problems that are incompatible with the army. After reviewing all provided medical documents, the commission will make a decision to assign the conscript the appropriate fitness category.

Thus, the answer to the question of whether a young man can be imprisoned for evading the army was received. And as practice shows, it is still better to go through this difficult period of military service with pride, rather than label yourself as a “criminal,” which will be quite difficult to deal with in the future.

How do they look for draft dodgers?

The search is being carried out by representatives of the Ministry of Internal Affairs and local administration. If a young man does not respond to summons for a long time, does not appear at the military registration and enlistment office, his personal file is transferred to the Investigative Committee of the Russian Federation, and the conscript is put on the wanted list. When determining his whereabouts, representatives of authorized bodies have the right to bring the young man to the military registration and enlistment office by force.

Hiding from the military registration and enlistment office and evading are different concepts. In the first case, the commissariat may not know about the existence of a young man of military age, or his personal file has been lost. A draft dodger is considered a citizen of the Russian Federation who has received a summons and fails to appear at the military commissariat at the specified time. If the document was not handed over under signature, the young man cannot be a draft dodger. Such a person is not subject to an administrative fine, and criminal proceedings are not opened. The police are looking for those young men whom the military registration and enlistment office cannot find. Employees of internal affairs bodies have the following powers:

• search for citizens, collection of necessary information about the conscript’s stay;
• delivery of a summons against signature;
• sending the counterfoil with a signature to the military registration and enlistment office.

Police officers do not have the right to detain a wanted person or forcibly deliver them to a military commissariat, but in practice in most cases it happens differently.

What punishment can a draft evader expect?

When thinking about how to evade conscription, every conscript must understand that in any case he will face punishment, the severity of which will be determined by the court. Not only the conscript should be aware of this, but also his parents, who may try to help him in this matter.

An attempt to evade service, which lasts only a year, may result in imprisonment, the period of which is twice as long as the service itself. In addition, it is necessary to understand that obtaining a criminal record can cancel out the entire future fate of the young man.

No matter what attempts to evade are made, sooner or later they will start looking for the young man. At the beginning, all information about him will be transferred to the investigative committee and after their consideration, a summons will be sent to the young man at his actual registration address, according to which he must appear before the investigator. And if after these actions the young man still does not make contact, then a criminal case is initiated. After this, the young man is put on the federal wanted list.

It will not be difficult for special services to find the young man. Its location can be revealed by purchasing a ticket, applying for a loan, using a plastic card, or even officially applying for a job.

If, while a conscript is undergoing a medical examination, he tries to provide a false certificate about his state of health, he may also face criminal punishment.

Reviews

Dear readers, was this article helpful? What do you think about evading military service? Leave feedback in the comments! Your opinion is important to us!

Edward

“I ran from the military registration and enlistment office until I was 26 years old. This fall, a literal hunt for draft dodgers began. We were walking around the city with a friend, and a police car pulled up. Several people are from there. They are heading towards us. We're running. They threw something at me, knocked me down, my friend ran away. They immediately brought me to the military registration and enlistment office. There is an application, questionnaires, etc. They sent me to a commission, and a couple of months later they took me to serve.”

Maksim

“The military registration and enlistment office forgot about me for three years, then they suddenly showed up. We arrived at the registration address. I work unofficially in another country and am never at home. The last time I was taken straight off the train and sent to the military registration and enlistment office. That’s how I ended up in the army.”

What to do to avoid being recognized as a draft dodger?

If for some reason a young man was unable to appear at the military registration and enlistment office on the appointed day, then he is obliged to report to the military registration and enlistment office with which he is registered as quickly as possible. Thus, he will be able to avoid criminal liability and get off with a fine of 500 rubles. If the young man does not agree with this fine, then he can challenge it within 10 days.

Valid reasons for non-appearance include:

1. Loss of ability to work of a young person due to injuries or serious illness;
2. The death of a loved one or illness of loved ones or relatives.

All valid reasons for failure to appear must be documented and submitted to the judicial authority or the commissariat.