Evasion from military service

Not wanting to join the army is not a reason to break the law. Every man between the ages of 18 and 27 is required to undergo a year of military training and must be aware that he will face severe punishment for evading military service.

Some young people use illegal methods in an attempt to "deviate", as a result of which they end up on the lists of draft dodgers. Sometimes relatives, frightened by the stories of experienced demobilizers, trying to protect the young man from the upcoming trials, resort to illegal methods that can cause much more harm than 12 months in the army away from home.

It is worth finding out in advance what the consequences of unlawful actions are in order to protect yourself from sad consequences.

What punishment do evaders face?

Not everyone knows about the upcoming sanctions awaiting a guy who evades military service. In addition to administrative penalties, the young man may face criminal punishment, in some cases, even imprisonment.

Violation of the established procedure for recruiting the Armed Forces is considered a serious offense affecting the country's defense capability.

Hiding from the military registration and enlistment office employees, “forgetting” about the summons served, not showing up at the collection point, or deliberately avoiding registration with the military will not end well.

You will have to answer for your rash actions under Article 328 (Part 1) prescribed in the Criminal Code of the Russian Federation, which determines the punishment.

Depending on the specific situation and the nature of the violation, the law provides for two types of sanctions:

administrative responsibility;
criminal punishment for evading the army.

The first option will affect the budget of the conscript’s family, forcing him to pay a considerable fine, the second can ruin his reputation and become an obstacle to employment in the future.

What is not considered evasion of military service?

The legislation also examines in detail all possible situations that may justify a person’s absence from the military registration and enlistment office after receiving a summons:

loss of ability to work due to illness or severe damage to the body;
sudden serious illness of a close relative requiring the presence of a conscript;
death of a close relative;
organizing the funeral of the deceased;
sudden situations that do not depend on the subject’s wishes and do not allow arrival (fire, natural disaster, war).

Close relatives include family members, adoptive parents, and wife. The reason must be documented (certificate) for it to take effect.

Who can fall into the category of draft dodgers?

Potential recruits must undergo the registration procedure in a timely manner, appear on a summons to undergo the mandatory stages: medical examination, to the assembly point, from where they can go to the unit.

Young people who decide to avoid general requirements need to know what is considered evasion of military service, realizing what actions will be considered a violation of the law:

ignoring a received summons, failure to appear without a valid (documented) reason at the military registration and enlistment office for a medical examination, training camp, or at the place of dispatch to the unit;
deliberate escape from a collection point in order to hide from the army;
refusal to serve a summons or additional examination ordered by the decision of the admissions committee;
change of place of residence without providing information to the military commissariat for deregistration/registration in order to avoid receiving a summons;
simulation of illness, which, according to the “Schedule of Illnesses,” implies exemption from the army or a deferment;
the purchase of false documents indicating the presence of a diagnosis that allows one not to serve, deliberate self-harm, simulation during a medical examination, and other attempts to deceive military registration and enlistment office employees.

It is necessary to understand that evading conscription through illegal means will not go unpunished.

Having decided not to spend a year on training grounds, classes, or living in barracks conditions, it is worth exploring possible options without consequences that could affect the future of the young man.

Commentary to Art. 328 of the Criminal Code of the Russian Federation

The object of the crime is the authority and interests of state power.

Conducting military and alternative civil service by citizens is among the duties of citizens established by the state. This obligation is enshrined at the constitutional level. In Art. 59 of the Constitution of the Russian Federation states that the defense of the Fatherland is the duty and responsibility of a citizen of Russia. Citizens of Russia perform military service in accordance with the Federal Law of March 28, 1998 N 53-FZ “On Military Duty and Military Service” (as amended by the Federal Law of June 29, 2004 N 58-FZ).

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NW RF. 1998. N 13. Art. 1475.

Military service is a special type of federal public service performed by citizens in the Armed Forces of the Russian Federation, as well as in the internal troops of the Ministry of Internal Affairs of the Russian Federation, in the civil defense forces, engineering, technical and road construction military formations under the federal executive authorities, the Service foreign intelligence of the Russian Federation, bodies of the Federal Security Service, federal body of special communications and information, federal bodies of state security, federal body for ensuring mobilization training of government bodies of the Russian Federation, military units of the federal fire service and special formations created for wartime.

If a citizen’s beliefs or religion contradict military service, as well as in other cases established by law, he has the right to replace it with alternative civilian service.

In accordance with Art. 2 of the Federal Law of July 25, 2002 N 113-FZ “On Alternative Civil Service”, a citizen has the right to replace military conscription service with alternative civil service in cases where:

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NW RF. 2002. N 30. Art. 3030.

- performing military service is contrary to his beliefs or religion;

- he belongs to a small indigenous people, leads a traditional way of life, carries out traditional farming and is engaged in traditional crafts.

Alternative civil service is a special type of labor activity in the interests of society and the state, carried out by citizens in exchange for conscript military service.

Military duty for citizens of the Russian Federation provides for: military registration; compulsory preparation for military service; conscription; completion of military service upon conscription; staying in reserve; conscription for military training and military training while in reserve.

Military service is a special type of federal public service performed by citizens in the Armed Forces of the Russian Federation, as well as in the border troops, in the internal troops of the Ministry of Internal Affairs of the Russian Federation, in the civil defense forces, engineering, technical and road construction military formations under the federal executive bodies authorities, the Foreign Intelligence Service of the Russian Federation, bodies of the Federal Security Service, federal body of special communications and information, federal bodies of state security, federal body for ensuring mobilization training of government bodies of the Russian Federation, military units of the State Fire Service of the Ministry of the Russian Federation for Civil Defense, Emergency situations and liquidation of the consequences of natural disasters 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.

Article 328 of the Criminal Code of the Russian Federation establishes liability for evasion of conscription for military service (Part 1 of Article 328 of the Criminal Code of the Russian Federation), as well as evasion of alternative civilian service (Part 2 of Article 328 of the Criminal Code of the Russian Federation).

The objective side of evading conscription for military service is expressed in action in the form of inaction or action.

Responsibility for a crime under Part 1 of Art. 328 of the Criminal Code of the Russian Federation, occurs regardless of the method of its commission, as well as whether the conscript was evading only the next conscription for military service or had the goal of completely avoiding conscription military service.

Evasion of conscription for military service can be committed by failure to appear without good reason when summoned by the military commissariat for a medical examination, a meeting of the draft commission, or to the military commissariat (military commissariat of a constituent entity of the Russian Federation) to be sent to the place of military service. In this case, criminal liability arises if the conscript thus intends to avoid the imposition of the obligation to perform military service upon conscription. This may be evidenced, in particular, by repeated failures to appear without good reason on summons from the military commissariat to events related to conscription for military service, during the period of the next conscription or during several conscriptions in a row, failure to appear at the military commissariat after the expiration of a good reason and other circumstances .

Unauthorized leaving by a conscript of a collection point before sending him to the place of military service in order to evade conscription for military service is subject to qualification under Part 1 of Art. 328 of the Criminal Code of the Russian Federation.

Evasion of conscription for military service should be defined as a conscript obtaining a fraudulent exemption from military service as a result of feigning illness, causing himself any harm (self-mutilation), forgery of documents or other deception (see also the commentary to Article 327 of the Criminal Code of the Russian Federation).

The elements of evasion will only occur if the person did not have legal grounds for exemption from military service.

If it is established that, in accordance with the law, a person was not subject to conscription for military service or was subject to exemption from military duty, conscription for military service, or there were grounds for a deferment from conscription for military service that existed before evading conscription for military service, the composition crimes under Part 1 of Art. 328 of the Criminal Code of the Russian Federation, absent.

In cases where the grounds provided for by law, in the presence of which citizens are not called up for military service, arose during the period of evasion of conscription for military service (for example, in the case of the birth of a citizen’s second child or the admission of a person to a state educational institution of higher professional education and training in full-time), a person is released from punishment due to a change in the situation if the conditions provided for in Art. 80.1 of the Criminal Code of the Russian Federation.

Citizens who, in accordance with the Federal Law “On Military Duty and Military Service”, are exempt from military duty, conscription for military service, citizens who have been granted a deferment from conscription for military service, as well as citizens not subject to conscription, are not conscripted for military service. for military service. In particular, the following citizens are not subject to conscription:

a) recognized as unfit or partially fit for military service due to health reasons;

b) undergoing or have completed military service in the Russian Federation;

c) undergoing or have completed alternative civil service;

d) have completed military service in another state.

Citizens have the right to exemption from conscription for military service:

a) having the academic degree of Candidate of Sciences or Doctor of Sciences provided for by the state certification system;

b) who are sons (siblings):

- military personnel who died (died) in connection with the performance of their military service duties, and citizens who were undergoing 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 military service duties, after dismissal from military service or after the end of military training.

The following citizens are not subject to conscription for military service:

a) those serving a sentence in the form of compulsory labor, correctional labor, restriction of freedom, arrest or imprisonment;

b) having an unexpunged or outstanding conviction for committing a crime;

c) in respect of which an inquiry or preliminary investigation is underway or a criminal case in respect of which has been transferred to court.

When deciding whether a person is guilty of committing a crime under Part 1 of Art. 328 of the Criminal Code of the Russian Federation, it is necessary to establish the fact of proper notification of the conscript about his appearance at the military commissariat for events related to conscription.

It should be borne in mind that notification of conscripts about their appearance for a medical examination, a meeting of the draft commission or for sending to a military unit for military service, as well as for re-passing the draft commission after the expiration of the granted deferment from conscription for military service, is carried out by summons military commissariat. The conscript is served with a signature and only by persons established by law.

If the draft commission sends a conscript for an inpatient or outpatient medical examination (treatment), proper notification should be considered the delivery to him, under his personal signature, of a direction in which a deadline is set for appearing at the military commissariat for a second medical examination and passing the draft commission after the expected completion date of this examination (treatment). ).

A conscript’s refusal to receive a summons from the military commissariat or to send a draft commission against a receipt in order to thus evade conscription for military service is subject to qualification under Part 1 of Art. 328 of the Criminal Code of the Russian Federation.

The elements of evading conscription for military service are formal. The act is considered completed from the moment of committing actions to evade conscription: from the moment of failure to appear at the military commissariat, at the recruiting station within the prescribed period, or from the moment of submitting forged documents.

From the subjective side, the act is characterized only by direct intent. The guilty person is aware that he is committing an action (inaction) aimed at evading conscription, and wants to commit it.

Evasion of conscription for military service (Part 1 of Article 328 of the Criminal Code of the Russian Federation) should be distinguished from failure by citizens to fulfill military registration obligations (Article 21.5 of the Code of Administrative Offenses of the Russian Federation). In these cases, the criterion may be the purpose for which the person does not fulfill the duties assigned to him.

If a person, having the intent to evade conscription for military service, leaves for a new place of residence (place of temporary stay) or leaves the Russian Federation without being deregistered from the military, and also arrives at a new place of residence (place of temporary stay) or returns to the Russian Federation Federation without registration for military service in order to avoid being handed a summons from the military commissariat against his personal signature to appear at events related to conscription for military service, what he did should be qualified under Part 1 of Art. 328 of the Criminal Code of the Russian Federation.

Based on the direction of intent, a distinction is made between the crime under consideration and evasion of a medical examination in the direction of the draft commission (Article 21.6 of the Code of Administrative Offenses of the Russian Federation).

In the event that a conscript does not appear for a medical examination in order to evade conscription for military service, what he has done should entail criminal liability under Part 1 of Art. 328 of the Criminal Code of the Russian Federation. This may be evidenced, in particular, by the conscript’s failure to appear without good reason at a medical organization during the period of the next conscription for military service.

Subjects of the crime provided for in Part 1 of Art. 328 of the Criminal Code of the Russian Federation, are male citizens who have reached the age of eighteen years, are or are required to be registered with the military and are not in the reserve, subject to conscription for military service in the manner prescribed by law (conscripts).

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See: Resolution of the Plenum of the Supreme Court of the Russian Federation of 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” // Bulletin of the Supreme Court of the Russian Federation. 2008. N 6.

In accordance with paragraph 1 of Art. 22 of the Federal Law “On Military Duty and Military Service” male citizens aged eighteen to twenty-seven years are subject to conscription for military service. Therefore, after reaching the age of twenty-seven years, only persons who committed this crime before the specified age may be subject to criminal prosecution for evading conscription for military service, provided that the statute of limitations for bringing them to criminal responsibility has not expired.

Part 2 of Art. 328 of the Criminal Code of the Russian Federation establishes liability for evasion of alternative civilian service by persons exempted from military service.

The Federal Law “On Alternative Civil Service” establishes that male citizens aged eighteen to twenty-seven years old who are not in the reserve are sent to alternative civil service, have the right to replace military conscription service with alternative civil service, and have personally submitted an application to military commissariat about the desire to replace military conscription service with an alternative civilian service and in respect of which, in accordance with the specified Federal Law, the conscription commission of the district, city without district division, or other municipal (administrative-territorial) entity made a corresponding decision.

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NW RF. 2002. N 30. Art. 3030.

Citizens who, in accordance with the Federal Law “On Military Duty and Military Service”:

- have grounds for exemption from conscription for military service;

- are not subject to conscription for military service;

- have grounds for granting a deferment from conscription for military service.

The objective side is the evasion of alternative civilian service by persons exempt from military service.

The labor activity of a citizen performing alternative civil service is regulated by the Labor Code of the Russian Federation, taking into account the features provided for by the Federal Law and the Regulations on the procedure for performing alternative civil service, approved by Decree of the Government of the Russian Federation of May 28, 2004 N 256.

Evasion from service consists of failure to appear at the place of duty without good reason. Failure to comply with the internal regulations of the institution of the organization where the person serves is also considered evasion. In particular, repeated failure by an employee to fulfill work duties without good reason, if he has a disciplinary sanction, may be recognized as evasion; gross violation by the employee of labor duties: absenteeism, the employee appearing at work in a state of alcohol, narcotic or other toxic intoxication and other violations.

At the same time, evasion from performing alternative civilian service does not constitute a crime if, in accordance with the law, a person could not be sent to such service due to the presence of grounds for which the person is not called up for military service.

In cases where, during the period of evasion from performing alternative civil service, the conditions provided for in Art. 23 of the Federal Law “On Alternative Civil Service” the grounds for dismissal from it, a person is exempt from punishment due to a change in the situation if the conditions provided for in Art. 80.1 of the Criminal Code of the Russian Federation.

The corpus delicti is formal. Crimes provided for in Art. 328 of the Criminal Code of the Russian Federation are lasting. If a person fails to confess or is not detained, these crimes are terminated due to the loss of his obligations to conscript into military service or perform alternative civilian service. This moment should be considered the person reaching the age after which the specified duties under no circumstances can be assigned to him, or the age that is the limit for being in the alternative civil service.

Evasion from conscription for military service ends when a person reaches the age of twenty-seven.

Evasion from alternative civil service is considered a completed crime for persons sent to alternative civil service after January 1, 2008, from the moment they reach the age of twenty-eight years and nine months or twenty-eight years and six months, depending on its duration.

A necessary condition for criminal liability for failure to appear on time for events related to conscription for military service (Article 328 of the Criminal Code of the Russian Federation) is the absence of valid reasons.

Valid reasons in these cases, subject to their documentary confirmation, should 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 draft commission or court. If there are reasons of this kind, there is no corpus delicti of the crime in question.

The subjective side is characterized by direct intent.

When committing a crime under Part 2 of Art. 328 of the Criminal Code of the Russian Federation, a person has the goal of completely evading the duties of an alternative civil service. If such a goal is established for a person, the actual duration of illegal stay outside the place of duty (day, week, month, etc.) does not matter for the qualification of his crime.

Evasion from performing alternative civil service for a certain period (for example, one month), after which the person returns to the place of performing alternative civil service, does not constitute a crime under Part 2 of Art. 328 of the Criminal Code of the Russian Federation. In this case, the person may be subject to disciplinary action for violating labor laws. It should be borne in mind that the period of alternative civil service does not count the periods of time specified in paragraph 5 of Art. 5 of the Federal Law “On Alternative Civil Service” (in particular, absenteeism, i.e. absence from the workplace without good reason for more than four hours in a row during the working day).

The subject of the crime is special. The subject of a crime under Part 2 of Art. 328 of the Criminal Code of the Russian Federation, there can only be a citizen performing alternative civil service.

Citizens acquire the status of persons undergoing alternative civil service with the beginning of alternative civil service and lose it with the end of alternative civil service. In this case, the beginning of the citizen’s alternative civil service is considered the day of his departure to the place of alternative civil service, specified in the order of the military commissariat, and the end is the day the employer terminates the fixed-term employment contract with the citizen upon his dismissal from the alternative civil service.

A citizen who evades activities related to assignment to alternative civilian service (for example, in case of failure to appear without good reason at the military commissariat to receive an order, refusal to receive an order) is not the subject of a crime under Part 2 of Art. 328 of the Criminal Code of the Russian Federation. Such persons are subject to conscription for military service in accordance with the Federal Law “On Military Duty and Military Service”.

Perpetrator of crimes under Art. 328 of the Criminal Code of the Russian Federation, committed by causing any damage to oneself (self-mutilation), can only be committed by a conscript or a person performing alternative civil service, regardless of whether the damage to health was caused by the evader himself or, at his request, by another person. In the latter case, the criminal actions of such a person are subject to classification according to the totality of crimes as complicity in the commission of a crime under Art. 328 of the Criminal Code of the Russian Federation, and the corresponding crime against the person (for example, provided for in Article 111 or Article 112 of the Criminal Code of the Russian Federation).

Penalties for evading the army in 2022

A citizen is recognized as a “draft dodger” in court. There, a verdict is made on what responsibility the young man will bear in each specific case. The goal that the conscript pursued is taken into account: he wanted to avoid another conscription campaign, or completely exclude military service.

Forgetting to appear on the appointed day for an interview or medical examination, but arriving at the military registration and enlistment office later, voluntarily, the young man can count on an administrative fine.

A criminal case may be opened against guys hiding from subpoenas and using dubious methods.

The punishment is assigned after a detailed consideration of the situation, so criminal liability for evasion of military service in 2022 implies the following sanctions:

payment of a fine in the amount of 200 thousand, or wages (other income) for a period of up to one and a half years;
involvement in forced labor, arrest of a conscript from 3 to 6 months;
imprisonment for up to 2 years.

The decision can be made exclusively in court, where, after studying the case, the presence of intent or lack thereof must be proven.

If the young man does not intend to agree with the verdict, it is necessary to contact higher authorities for further appeal. In this case, it is worth enlisting the support of professionals.

Judicial practice under Article 328 of the Criminal Code of the Russian Federation

The appeal ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated October 2, 2018 N 5-APU18-60
considered in an open court the material on the appeal of P.A. Serpetovsky. to the resolution of the Moscow City Court dated August 13, 2022, by which the resolution of the Deputy Prosecutor General of the Russian Federation dated May 24, 2022 on extradition to the competent authorities of the Republic of Belarus for criminal prosecution under Part 2 of Art. 332, part 3 art. 328 of the Criminal Code of the Republic of Belarus

Appeal ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated October 11, 2018 No. 5-APU18-63

examined in open court the material on the appeal of E.P. Aglusevich. to the resolution of the Moscow City Court dated August 14, 2022, by which the resolution of the Deputy Prosecutor General of the Russian Federation dated June 8, 2018 on extradition to the competent authorities of the Republic of Belarus for criminal prosecution under Part 2 of Art. 328 of the Criminal Code of the Republic of Belarus

Appeal ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated November 20, 2018 N 5-APU18-76

The act incriminated against Sanotov on the territory of the Republic of Belarus is also criminally punishable under Russian criminal law and corresponds to Part 1 of Art. 328 of the Criminal Code of the Russian Federation, the sanction of which provides for punishment in the form of imprisonment for a term of over one year. The statute of limitations for criminal prosecution under the legislation of the Russian Federation and the Republic of Belarus has not expired.

Appeal ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated December 26, 2018 N 5-APU18-89

The General Prosecutor's Office of the Republic of Belarus appealed to the General Prosecutor's Office of the Russian Federation with a request to extradite Konstantinov to bring him to criminal responsibility for a crime under Part 3 of Art. 328 of the Criminal Code of the Republic of Belarus. By a resolution of the Deputy Prosecutor General of the Russian Federation dated October 2, 2022, this request was satisfied, and by a resolution of the Moscow City Court dated November 8, 2022, Konstantinov’s complaint against this decision was left unsatisfied.

Determination of the Constitutional Court of the Russian Federation dated June 28, 2018 N 1663-O

failure by a citizen of the Russian Federation to fulfill the constitutional obligation to defend the Fatherland by performing military service under conscription in the absence of grounds provided by law for exemption from military duty, conscription or deferment from conscription implies, as a rule, the commission of actions or inaction that are associated with non-fulfillment them duties for military registration provided for by the Federal Law “On Military Duty and Military Service”, or indicate evasion of conscription for military service and to suppress which the current legislation provides for mechanisms entailing administrative liability (Article 21.5 of the Code of Administrative Offenses of the Russian Federation) or criminal liability (Part one of Article 328 of the Criminal Code of the Russian Federation);

Determination of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated October 21, 2020 N 88-UDP20-5-K8

accused of committing a crime under Part 1 of Article 328 of the Criminal Procedure Code of the Russian Federation was terminated on the basis of Article 25.1 of the Criminal Procedure Code of the Russian Federation; in accordance with Article 76.2 of the Criminal Procedure Code of the Russian Federation, he was assigned a criminal law measure in the form of a court fine in the amount of 7,000 (seven thousand) rubles.

Determination of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated December 3, 2020 N 88-UDP20-7-K8

the criminal case and criminal prosecution under Part 1 of Art. 328 of the Criminal Code of the Russian Federation on the basis of Art. 25.1 of the Code of Criminal Procedure of the Russian Federation with the appointment of a criminal law measure in the form of a court fine in the amount of 10,000 rubles, which he is obliged to pay within 2 months from the date the resolution enters into force, and the consequences of failure to pay the court fine are explained. The decision was not appealed.

Cassation ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated November 12, 2021 N 3-UDP21-23-K3

According to the resolution of the Ukhta City Court of the Komi Republic dated November 3, 2022, a criminal case was opened against Alexander Sergeevich Vandyshev, ..., unconvicted, accused of committing a crime under Part 1 of Art. 328 of the Criminal Code of the Russian Federation, terminated on the basis of Art. 25.1 of the Code of Criminal Procedure of the Russian Federation, with the release of Vandyshev A.S. from criminal liability on the basis of Art. 76.2 of the Criminal Code of the Russian Federation in connection with the appointment of a criminal law measure in the form of a court fine in the amount of 30,000 rubles.

Appeal ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated 07/09/2019 N 5-APU19-49

law enforcement agencies of the Republic of Belarus for criminal prosecution under Part 1 of Art. 328 of the Criminal Code of the Republic of Belarus. Having heard the report of judge O.K. Zatelepin, the speech of lawyer V.Kh. Bondarenko, who supported the complaint and asked to cancel the decision, as well as the opinion of prosecutor N.V. Savinov. on leaving the decision unchanged, Judicial Collegium

Determination of the Constitutional Court of the Russian Federation dated 07/09/2020 N 1644-O

1. By virtue of part one of Article 328 of the Criminal Code of the Russian Federation, evasion of conscription for military service in the absence of legal grounds for exemption from this service is 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 forced labor for a term of up to two years, or arrest for a term of up to six months, or imprisonment for a term of up to two years. Paragraph 4 of Article 13 of the Federal Law of July 25, 2002 N 113-FZ “On Alternative Civil Service” provides that in the event of a failure of a citizen in respect of whom the draft commission has made a decision to replace military conscription service with an alternative civil service, to a meeting of the draft commission without valid reasons specified in paragraph 5 of Article 12 of this Federal Law, he is subject to conscription for military service in accordance with Federal Law of March 28, 1998 N 53-FZ “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.

What is considered evasion of military service?

The fact that a citizen of military age is absent at the time appointed by the summons in the absence of valid reasons for this can be considered an evasion of military service.

In addition, the following actions of the conscript are assessed similarly:

reluctance to receive a summons;
refusal to sign the register confirming its receipt;
an illegally acquired certificate of a conscript’s unsuitability for military service;
falsely representing oneself as sick;
an attempt to carry out a corruption scheme to bribe members of the commission.

Fines for evading military duty

Having lost the summons or forgotten to appear at the military commissariat on time (the date is indicated in the notification form), deliberate damage to the document will result in a fine of 500 rubles.

It is worth considering that if you voluntarily appear later than the specified period, but before the end of the conscription campaign, the young man will have to pay the specified amount before he is admitted to standard events.

Potential conscripts will not be able to avoid penalties for evading the army:

failed to register for military service in a timely manner, or failed to appear for withdrawal;
young men who forgot to inform the commissariat about a change of place of residence/work/study;
who did not notify about moving outside the country for more than six months.

Having proven and documented the absence of intent to deliberately evade conscription for military service, you can count on a relatively small fine.

Young men who decide to deliberately abscond from military service face criminal charges, significant financial penalties, and often arrest or a decent amount of time behind bars. Not everyone is ready to spend 2 years in prison instead of 12 months of military life.

It is better not to resort to rash illegal actions that you will regret.

Evasion as a crime

Evasion from military service, in accordance with the law, is a criminal offense. Let's analyze this criminal act into its components.

Did you know

But they don’t accept the army with a suspended sentence - and also, convicts will not be able to get a job in law enforcement agencies and the court, and large companies that have their own security department are generally reluctant to hire them. Read more in this article https://lexconsult.online/8970-uslovnoe-osuzhdenie-ogranicheniya-posledstviya-dlya-osuzhdennogo

The objective side of the crime is deliberate evasion of military service without good reason.

The subject of the crime is a male citizen of the Russian Federation from 18 to 27 years old, who is subject to conscription into the Armed Forces of the Russian Federation.

The subjective side of the crime is the presence of direct intent.

A crime is considered committed when conscripts fail to appear at the designated gathering place without a valid excuse. If a citizen does not appear at the site of training camps, then in this case he bears administrative responsibility. If a conscript does not appear at the place indicated by the military registration and enlistment office, resorting to forgery of documents or giving a bribe, then the crime will be considered in the totality of the unlawful actions committed: forgery (bribe-giving) + evasion from service. More information about sentencing for a set of crimes can be read here https://lexconsult.online/7858-sovokupnost-prestuplenii-priznaki-vidy-naznachenie-nakazaniya

The statute of limitations for this crime is 2 years. For example, if some time (but not more than 2 years) after a citizen turns 27 years old, it turns out that this conscript evaded military service, then a criminal case will be initiated against him.

Responsibility for evading alternative service

According to the Constitution of the Russian Federation, certain categories of citizens can choose an alternative option for serving. During the AGS, guys carry out labor activities and receive a salary.

However, this cannot be considered as the easiest way to deflect. This form of service implies mandatory compliance with a number of conditions and various requirements, refusal of which is regarded as an attempt to evade military service.

In case of recorded violations, the conscript will bear one of the following types of liability:

fines up to 80 thousand;
recovery of a decent amount depending on the income of the young man;
forced labor or arrest for a period of up to 6 months.

Young men undergoing alternative service have many advantages over ordinary conscripts, having the opportunity to improve their professional skills, earn money, and live in a dormitory.

Having assessed the impressive number of advantages, it is worth considering whether it makes sense to violate the rules for passing the ACS.

"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.

Is it possible to avoid punishment for failure to appear at the military registration and enlistment office?

Receipt of a summons automatically means mandatory attendance at the specified time. There are various circumstances that prevent a conscript from arriving at the military commissariat on time for reasons beyond his control.

You can avoid future criminal liability for evading military service in the following cases:

serious injury other than intentional self-harm;
exacerbation of the disease, which did not allow the conscript who received the notification to appear;
the form was not handed over in person, for signature, for example, it disappeared from the mailbox;
serious illness or death of the recruit’s loved ones, difficult financial situation.

When providing these facts to the military registration and enlistment office, it is necessary to document the presence of a valid reason. By proving that he has no intention of evading conscription, the young man will be able to protect himself from responsibility.

Sometimes military registration and enlistment office employees or judicial authorities issue a verdict with which the young man does not agree. A citizen has the right to defend his interests in higher authorities by filing a claim within 10 days from the date of the decision.

What actions of conscripts are considered evasion of military service?

Young boys of conscription age are notified of the completion of conscription activities by representatives of the district commissariat or other authorized persons of local authorities. 3 days before the start of the conscription campaign, the conscript is personally handed a summons to appear at the military registration and enlistment office against signature.

Actions of a candidate for military service, which the draft commission considers as evasion of military obligations:

The young man refused the army agenda, incl. do not sign for its receipt;
The conscript received a summons to the military registration and enlistment office to undergo a medical examination, signed for its receipt, but did not appear at the conscription event on the established date and time. If the young guy had legal grounds for this, he must submit supporting documents to the draft commission;
The applicant for military service refused to undergo additional medical examination without any explanation or reason. Such actions by a conscript are also considered an attempt to evade the army and are punished under current legislation. For example, a young person may be fined 500 rubles;
A man of conscription age, who had previously received a deferment from military service, did not appear at the district military registration and enlistment office upon expiration of its validity period (in this situation, representatives of the commissariats are not obliged to serve the conscript with a second summons). Failure to appear is considered an evasion of military obligations and the person liable for military service can be legally held accountable;
The young man deliberately feigns some kind of non-conscription illness so as not to serve in the army. Also, intentional harm to one’s health by a conscript is equated to evasion;
The applicant for military service changed his place of residence, went abroad, which he did not notify the military registration and enlistment office, in order to avoid receiving the army summons in person;
A man of military age did not appear at the district commissariat for registration after returning to Russia from abroad;
The young man received a summons to sign, but did not show up at the collection point for recruits to be sent to the army, because... I do not agree with the decision of the draft commission. In this situation, the young person will not be recognized as a draft dodger only if this decision is appealed to higher authorities or in court, as well as if there are other legal grounds.

It is also worth knowing that a summons for conscription events sent to an applicant for military service by mail, or transmitted through third parties, is not considered served, and the conscript is not a draft dodger. It is possible to hold accountable, for example, to issue fines to young people of military age for evading military service in the Russian army in 2022, only if they received the summons in person and confirmed receipt of this document with a personal signature.

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.

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 fined, the amount of which in 2016 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.