Translated material
Combat baptism of bachelors
'All dissatisfied - to the construction battalion'
For the first time in Russian history, the sentence students through the court managed to get a delay from service in the army until the end of 6-year training. The struggle of conscripts for their rights began in October last year, when dozens of students of Tulgu, who graduated from the 4th year and received the degree of bachelors, were awarded the agenda about the turnout to the military registration and enlistment office to serve in the army. Some of the draftees then began to hide, others went to serve, but thirteen students - all residents of the Shchekino district center - decided to prove their right to receive full education. Before receiving the title of Masters, they have to study for one year and two months. Guided by the 6th article of the Federal Law of the Russian Federation 'On Higher and Postgraduate Professional Education', according to which “the main forms of obtaining higher professional education can be implemented continuously and according to the steps,” students filed a complaint against the actions of the draft committee to the deputy head of the Shkinskiy district. The official, responsible for the call in the municipality, did not consider the actions of the district military registration and enlistment office unlawful. Then the draftees turned to the regional military registration and enlistment office for help, but its employees threatened them to transfer the case to the prosecutor’s office, and then 'send all those who were dissatisfied to the construction battalion.'
For those who 'advanced qualifications'
Without reconciling, the bachelors filed a lawsuit in court. The lawsuit stated that the “commission decided to draft in the army, citing the fact that the bachelors have no right to delay, since they have already received higher professional education, and those who 'advanced qualifications' are not distributed”. However, according to the statements of the plaintiffs, the training at Tulgu multi -stage and receiving a master's diploma cannot be considered as receiving a second higher education. Therefore, the right to delay under the 24th article of the Law 'On Military Duties and Military Service' for students should be fully preserved. Having examined the lawsuit of conscripts against the military registration and enlistment office, the Shkinskiy District Court ruled that all 13 students of Tulgu, who had disputed the right of the Shkinsky district military registration and enlistment office for several months to call them after receiving a bachelor's diploma, should not be sent to military service until the graduation.
'If employees of the military registration and enlistment office showed more competence in their business'
Students' position was supported by the university’s trade union committee. “There is no point in interrupting the education of these guys from any point of view,” said Alexander Borisov, Deputy Chairman of the University of the University, Deputy Chairman of the University of University. - Quite decent funds are already invested in their training, so why interrupt the process now, when they have to study less than a year and a half? ” However, the trials lasted more than three months. “The problem was created at the university itself,” federal judge Galina Kozlova explained to the newspaper. - From there, the military registration and enlistment office was submitted a certificate, which indicated that the training at the bachelor ends in 2004. This sowed in the military minds the idea of calling bachelors for military service. But if the employees of the military registration and enlistment office showed more competence in their case, the trial could be avoided in general. ”
So said Ivanov
Recall that the trial took place against the backdrop of the high -profile statements of the Minister of Defense Ivanov, who promised since 2007 to cancel all the delay from military service, and force all students to serve at least one year. True, after some time, the minister, without going into details, tried to clarify that the students will still be preserved, but not everyone and not everywhere ... The indignation was so strong then that the party of soldiers' mothers officially announced the preparation of the All-Russian referendum to maintain a deferred from the army for students.
'The military registration and enlistment office will fight further'
“There is no satisfaction from the trial won - rather, fatigue,” Andrei Ivanov told the newspaper one of 13 who sued the military enlistment office. - The main thing is that the rest of the four -year students now will not have to go through everything that we have experienced in these three months. In addition, I'm not sure that the case is completely closed - it seems to me that the military registration and enlistment office will continue to fight. ” Soon the military really confirmed that they intend to challenge the court decision. According to the head of the Shchekinsky district military enlistment office, Colonel Igor Efremov, in the near future - as soon as a court decision is received in the draft commission - an appeal will be filed against him.
'If someone does not agree, may go to court'
According to the Judicial Department of the Ministry of Justice of Russia in the Tula region, "a court decision received a similar case for the first time in Russia." For thousands of bachelors currently studying in Tulgu, this has become good news. At the same time, Colonel Efremov, the head of the Shchekinsky district military enlistment office, is convinced that because of one court, “there is no need to raise a skimp”. “The trials on the issues of drafting into the army are held regularly. If someone does not agree with the decision of the commission, may apply to the court. We always explain this to the conscripts. Moreover, it is important for us that everything is carried out by law, ”he said.
Who can not serve in the army
Citizens are released from the call:
- recognized as worthless or limitedly suitable for health reasons,
- who has passed the military or alternative service of any state,
- having a degree of candidate or doctor of sciences,
- In which one of the relatives died in military service.
Citizens are not subject to call:
- performing mandatory or correctional labor,
- serving a sentence of restriction or imprisonment, as well as in the form of arrest,
- having an unexpressed or outstanding criminal record for the commission of a crime in respect of which an inquiry or preliminary investigation is underway or the criminal case of which is transferred to the court.
Defense from the draft is received by citizens who:
- recognized as temporarily not suitable for service,
- busy with constant caring for relatives,
- have a child under three years old or raising a child without a mother,
- have two or more children,
- Mother (father) of which, in addition to them, has two or more children under the age of eight years or disabled person since childhood and brings them up without a husband or wife,
- entered after receiving a higher professional education to work in their specialty in state institutions for a full time,
- they went to work in the internal affairs bodies, institutions of the penal system, the federal bodies of the tax police and customs, and are also trained in educational institutions of these bodies or graduated from them,
- full -time students in state and private, but with state accreditation, educational institutions of basic general and secondary (complete) general education for the duration of training (but only up to 20 years); In institutions of primary, secondary and higher professional education, the delay is given before the end of training,
- received a delay on the basis of the Decree of the President of Russia,
- They work as a doctor or teacher in rural areas.
02/20/2005 / Alexander Shchepkina, Tula