The State Duma has already passed a bill on changing the system in two readings
By presidential decree, partial mobilization has been announced in the country. But it turns out that Russian legislation does not prescribe criminal liability for evading arrival at the military commissariat. Lawyer Alexander Latynin told MK about how the summons should be issued, how and to whom the document can be handed over.
Photo: Global Look Press
Recall that within the framework of partial mobilization, those who served in the army, have combat experience and have the appropriate military accounting specialty will be called up. At the same time, students definitely do not fall under partial mobilization. However, as stated by the chairman of the State Duma Committee on Defense Andrey Kartapolov, graduates of military departments can be called if their military accounting specialties are in demand.
– We have a corresponding application – the summons must be handed over no earlier than three days before the arrival of a citizen subject to mobilization or conscription to the military commissariat. The summons is handed over to us, in accordance with Federal Law No. -53, in person.
We do not provide any other forms of delivery. In other words, it is impossible to summon a citizen to the military commissariat either by phone or by sending a summons to the parent of a serviceman. The mobilized person must sign the agenda, the spine of which is subject to return to the military commissariat.
A citizen is mobilized only after arriving at the military commissariat, passing a medical examination, making a decision by the mobilization commission and issuing a corresponding order by the military commissar. He actually becomes a mobilized serviceman who has the rights and duties of a contract serviceman.
We had a case when at a court hearing we proved that the conscript was improperly notified – the summons were passed to an elderly grandmother who lived with the conscript. But since she really did not want her grandson to serve, she did not pass these summonses. It was found that the subpoenas were indeed transmitted improperly. We understand that now subpoenas can be passed to father, mother, and mother can hide and say nothing …
– We don’t know what will happen in practice now, because the presidential Decree is very vague. So far, it is known that upon mobilization, citizens who are in reserve, officers who have served the statutory term, conscripts who have served, who have the necessary military accounting specialty or experience in combat operations, are called up to the Armed Forces. That is, in other words, combat veterans. That’s all we know so far.
It’s too early to say what will happen in practice. We need to wait for the relevant decisions and resolutions.
– We have an article for draft evasion. I have studied the Plenums of the Supreme Court, the practice, but neither in the materials of the Plenums of the Supreme Court, nor in practice, we have nothing written about mobilization.
Putin announces partial mobilization in Russia: video
Watch the video on the topic