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.
Dangerous accounts payable
Accounts payable are obligations that must be paid within the period specified by agreement or legislation.
In the course of their activities, organizations and citizens consume various services, acquire assets, resulting in a creditor. The creditor may be current or past due. A current debt is an obligation that has not yet become due for payment. In our article we will talk about an overdue creditor, i.e. a debt that is not paid on time.
An example of a delinquent creditor would be a loan obligation that has not been paid as scheduled, or arrears in taxes and fees.
ConsultantPlus experts explained in detail what to do if you independently discover tax arrears. Study the material by getting trial access to the K+ system for free.
It is the overdue creditor that carries the risk of criminal liability against the heads of legal entities and the risk of loss of property, as well as the reputational risk of having a criminal record for individuals.
Valid reasons for failure to appear on a summons
What happens if a conscript does not evade the army, but he has valid reasons that he did not report?
Often, conscripts, not knowing the norms of the law and having good reasons for being in civilian life, simply begin to ignore the requirement of the commissariat, do not come when requested, or even come up with ridiculous and ridiculous excuses.
Meanwhile, they have a legal basis for the delay; they just need to document it. The legal grounds regulated by the regulations are as follows:
- illness or injury resulting in temporary or permanent loss of ability to work;
- serious health problems of a close relative;
- death of a loved one;
- independent obstacles - disasters, weather events, accidents, etc.;
- full-time study at a higher educational institution;
- the status of a candidate of sciences eliminates the need to serve in the army at all;
- graduation from the military department during basic training;
- completion of alternative civil service;
- the wife's pregnancy with her second child;
- father of a large family;
- guardianship over an incapacitated relative or minor brother/sister.
In addition, there are reasons that the military registration and enlistment office considers individually and makes a decision at its own discretion.
Documented reasons for a youth’s failure to appear are exempt from liability for evading military service.
Conditions for the application of criminal liability under Art. 177 of the Criminal Code of the Russian Federation
If the debtor has the opportunity to repay the overdue creditor, but does not do so, criminal liability may be applied to him in accordance with Art. 177 of the Criminal Code of the Russian Federation for malicious evasion of repayment of accounts payable.
What are the consequences of non-repayment of a loan for the borrower? The answer to this question is in ConsultantPlus. If you do not have access to the K+ system, get a trial demo access and go to the material for free.
To apply criminal liability under Art. 177 of the Criminal Code of the Russian Federation, the following conditions are sufficient:
- the obligation to the creditor exceeds 1.5 million rubles;
- the rights of the creditor were recognized by the court, and a writ of execution was issued to collect the debt;
- the debtor intentionally fails to repay the debt or fails to take any action to fulfill its obligations.
The bailiff may see in the actions or inaction of the debtor signs of malicious evasion of repayment of accounts payable and petition to initiate a criminal case.
Inaction is considered to be the absence of measures to improve the financial situation of the debtor, as well as failure to appear when summoned by the bailiff.
The bailiff will consider the debtor's actions to be a deliberate evasion of debt payment if he discovers that the debtor is spending money on personal needs. For example, he pays for expensive services, buys railway and air tickets, acquires movable property, without repaying the debt. Changing your place of work and residence without notifying the bailiff is also one of the signs of deliberate evasion of debt payment.
Note! Collection of overdue debts is a subject of civil law until signs of evasion from repayment of accounts payable are identified. Malicious evasion of repayment of accounts payable is already an area of criminal law.
However, the very concept of “malicious evasion of repayment of accounts payable” in Art. 177 of the Criminal Code of the Russian Federation is not clearly defined and is of a rather subjective nature. Thus, the decisive factor in the application of criminal liability is the behavior of the debtor in the process of debt collection.
If a company or citizen takes measures to repay or restructure a debt and openly interacts with a bailiff, there is an opportunity to avoid criminal liability. Let us consider in more detail what activities can contribute to this.
Rights and obligations of conscripts in the Russian Federation
According to the law, every young man of military age must appear at the commissariat upon request. The summons issued by the Commissioner will indicate the date and time and must be adhered to.
Important: if a young man has legal grounds for receiving a deferment, he must comply with the requirements of the commissariat and provide evidence of his rights to a deferment.
The young man’s responsibilities include passing a medical examination. If the result is negative, he has the full right to receive the status of unfit for military service and receive a supporting document.
Citizens of military age have the following rights and responsibilities:
- receive a summons against receipt;
- comply with military registration requirements;
- appear at the military registration and enlistment office upon summons for a medical examination, training and transfer to the place of duty.
In case of failure to appear at the appointed time on the summons, the citizen is considered an evader, and from that moment he becomes liable.
Preventing criminal penalties for evading payment of accounts payable
The most effective way to prevent criminal punishment for malicious evasion of repayment of accounts payable is competent management of receivables and creditors. Very often, a company cannot repay a creditor due to the fact that debtors have not paid it off. Constant monitoring and timely collection of receivables is the main way to prevent overdue obligations to creditors.
One of the elements of control is the inventory of receivables and payables. Read about the procedure for carrying it out in the article “Inventory of receivables and payables” .
However, if an overdue creditor is discovered, it makes sense to take urgent measures to restructure it. Creditors in most cases are not interested in litigation, since it is a time-consuming and expensive way to collect debts.
If the creditor has filed a statement of claim and a court hearing cannot be avoided, you can propose to conclude a settlement agreement in court, which will also indicate the intention to repay the creditor.
If the situation has reached a dead end and there are not enough assets to pay off obligations, a citizen or organization can initiate bankruptcy. The debtor's filing of an application to the court to declare him bankrupt will not be regarded as malicious evasion of repayment of accounts payable .
Bankruptcy is one of the ways to prevent criminal liability, but it imposes a number of restrictions on the activities of a debtor declared bankrupt.
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.
Results
Evasion from repaying obligations to creditors may entail not only material losses, but also criminal liability against the debtor.
Even in the most difficult situation, it is easier to prevent negative consequences than to jeopardize your reputation and successful activities in the future. You can find more complete information on the topic in ConsultantPlus. Free trial access to the system for 2 days.
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.
Fine for failure to appear at the military registration and enlistment office
Federal Law “On Military Duty and Military Service” dated March 28, 1998 No. 53-FZ, Article 26 establishes liability for failure to appear at the military registration and enlistment office: administrative or criminal. The degree of severity varies, depending on the reasons for non-appearance and systematicity.
If failure to arrive at the military registration and enlistment office was the first and only time, then, according to Articles 21.5 and 21.6 of the Code of Administrative Offenses of the Russian Federation, administrative liability arises with a warning or a fine in the amount of 100 to 500 rubles.
If the failure to appear has become systematic, according to Art. 328 of the Criminal Code of the Russian Federation applies criminal liability. The evader will be punished until he reaches 27 years of age, and if there is evidence of evasion, up to 29 years of age.
The Criminal Code may authorize the following types of punishment:
- imposition of a fine of up to 200,000 rubles;
- a fine in the amount of income for one and a half years;
- labor service for up to 2 years;
- arrest for a period of 6 to 24 months.
