You can’t put a person - send him to the army: Russia worked out a reception with the violent appeal of ideological opponents long before the hockey player Fedotov

Criminal prosecution is not the only way to scare or punish someone who, one way or another, “guilty” before the authorities. There are other options. One of the methods adopted by the state machine recently is a violent draft in the army. Human rights activists and lawyers are confident in his illegality and that this violence can be opposed (prevented). However, in practice, not everyone succeeds. A fresh example is the loud story of the gathered to move from Russia to America hockey player Fedotov, who reached President Putin, but this did not save the athlete from his fate.

Dear loss

In early July, Ivan Fedotov - goalkeeper of the Russian national hockey team from CSKA, the best goalkeeper of the KHL, winner of the Gagarin Cup - became a hero of sports news at all. The 25-year-old hockey player, who refused to play the Club of the Ministry of Defense, wanted to leave the country and leave for the United States. But I did not have time. Law enforcement agencies calculated Ivan, detained and sent to pay off the debt to their homeland. Why and why the Russian armed forces so sharply and urgently needed a specific conscript Fedotov?

Ivan was born and raised in St. Petersburg. Here, his parents still live, whom he visits every summer. But the sports career of the hockey player did not work out in his hometown. Until May last year, Fedotov played for the Chelyabinsk hockey club "Tractor". Then the player was bought by CSKA, the “army team” had to pay 60 million rubles for him. As they say in sports circles, this is serious money, given that Fedotov’s contract with CSKA, according to the conditions, acted only until April 30, 2022. However, sources close to the army club claim that there was an oral agreement between the goalkeeper and the leadership of the hockey team on the extension of the contract.

The season-2021/22 The new goalkeeper CSKA won brilliantly: in 48 matches of the championship he won 30 victories, reflected 92.8% of the throws and held three matches for zero. As a result, he became the owner of the Gagarin Cup, and as part of the Russian national team - the silver medalist of the Olympics. Fedotov was also recognized as the best goalkeeper following the results of the Continental Hockey League (KHL) championship of the season-2021/22. Against the backdrop of such dizzying successes, Fedotov received an offer on a contract from the club of the National Hockey League “Philadelphia Flyers” (USA).

The hockey player agreed, without experiencing any inconvenience and fears, he immediately informed the team’s leadership that he would no longer play for CSKA, as he was going abroad.

In an interview with RIA Novosti at the end of May, Ivan said: “The negotiations were well held. I plan to move in July. By this moment everything will be ready. Am I afraid to leave CSKA? It's not about fear. Of course, I have a certain responsibility to CSKA, as well as to the “tractor”. They gave me a lot. If it happens that I will return, I will hope that they will be ready to meet me. ”

But, it seems, in the club the Ministry of Defense was not ready to let go of a good goalkeeper so easily.

Goodbai, America

On June 30, on behalf of the military prosecutor's office, the Petersburg police put Fedotov on the wanted list. The athlete was suspected of avoiding the army, and threatened him with two years in prison under Article 328 of the Criminal Code of the Russian Federation “Evaluation of the military or alternative civil service”.

On July 1, at once by several St. Petersburg addresses of the possible appearance of a hockey player, police officers, including the fighters, were ambushed. Ivan was expected near the Arena-Kupchino sports complex, where he was going to train, and about two St. Petersburg apartments. The investigators of the criminal investigation department calculated exactly and on the same day about noon on four cars met the goalkeeper of CSKA and the Russian national team at the exit from the ice arena in Kupchino. Fedotova, under the escort, was put in a car and taken to the assembly point of the city military commissariat. The lawyer was not allowed to go to him. About 17 hours in the military enlistment office, the athlete became bad. He was called an ambulance and hospitalized in the 1st naval clinical hospital. According to the stories of the close goalkeepers, three military police cars were on duty at the clinic all the time while Fedotov was there.

Relatives were afraid that Ivan wanted to be sent directly from the hospital bed to the army. In the end, it happened.

On the night of July 3, a connection disappeared with a hospitalized hockey player, and in the morning he was already discovered in Severodvinsk, in the 907th training center of the Glavkamat of the Navy. The army language is “training”, where sailors undergo primary training. At the end of it, presumably-in September-October, Fedotov should determine the further place of service. Unless, of course, the decision on his call will not be challenged and canceled how the Ivan's family and lawyer hope for this.

“Everything - from beginning to end - was made illegally,” commented on Novaya Gazeta. Europe ”defender of the hockey player, chairman of the military college of lawyers Alexei Ponomarev. - Ivan, despite health problems, immediately delivered to the assembly point of the military enlistment office, where they were held by force. This is a violation of the procedure. Each candidate for military service must first undergo a medical board in the area. Nobody invited Fedotov to doctors; he did not receive challenges. Criminal investigators who met the goalkeeper at the exit of the ice arena in Kupchino did not take him to take tests necessary in order to determine the category of the suitability of the conscript.

“Fedotov’s call itself diverges with the law,” Ponomarev insists. - The hockey player was registered in the Vsevolozhsk district of the Leningrad region, this military registration and enlistment office was supposed to attract it to the army ranks. The city did not have such powers. On July 2, Fedotova's relatives filed a lawsuit against the Vsevolozhsk district court to recognize the decision of the draft commission illegal. Already the fact of filing a claim is the basis for suspension of the draft. But the employees of the military registration and enlistment office ignored this. Now we are waiting for the appointment of the date of consideration of the case in court.

How many of them ...

“The court of Fedotova will no longer save,” says Elena Popova, the coordinator of the “movement of conscious refusers from military service”. - The court must be sued so as not to join the army.

And if you have already gone into the army, then that's it. Filing a lawsuit in court - just exhaust. Now Ivan will have to serve to the end, unless he commissions.

- Of course, this is a conscious revenge to Fedotov for his choice, his decision. The situation with a hockey player is one to one as the manager of the FBK* projects* ( the Fund for Combating Corruption, the organization was recognized as a foreign agent in the Russian Federation - N.P. ) Ruslan Shadadinov, an employee of the FBC Artem Ionov, a press secretary of the Alliance of Doctors Ivan Konovalov,-Popopova conducts. - People were engaged in other things and were not ready for such a turn of events. When they came from the military registration and enlistment offices, they did not understand how to act.

The project manager of the FBK Ruslan Shavedininov was urgently taken to the army at the end of December 2019 and sent to serve on the New Land archipelago. “I was sent to serve 270 kilometers from the nearest civilization,” Shadadinov told Arkhangelsk journalists who were the first to communicate with him. - I live in a funny barrel, where there is nothing. Here I and four more people. And I'm just serving time here, a lot of work, such a link turned out. ”

Despite this, many are still sure that for Shavedinov with his background, such a “link” is another gift of fate: put on a military uniform, not a prison robe. Prior to the draft, Ruslan worked not only by the manager in the FBC, but also the press secretary of the election company Alexei Navalny before the 2018 presidential election (the Central Election Commission eventually refused a policy of participating in them). He prepared various programs and direct broadcasts on the Navalny Live channel, conducted broadcasts from protest promotions and rallies, where he was repeatedly delayed.

On the eve of the compulsory delivery of Shadadinov to the military registration and enlistment office in his Moscow apartment was a search. Then the FBK manager was taken to interrogation to the Investigative Committee as part of a criminal case against the Fund for the "legalization of funds obtained by criminal means."

Navalny called the swift call of Shavedinov to the army “abduction” and “illegal deprivation of liberty”.

“The authorities demonstrates that the army is another type of repression,” the politician wrote in his blog then. - Service in the Armed Forces of the Russian Federation turned into a prison mechanism. A variety of imprisonment. In fact, the Ministry of Defense and the military unit No. 23662 on the New Land, where Shavedininov was brought, assigned the duty of his “quasi -nuclear imprisonment”.

Shatdinov failed to appeal the decision of the draft commission in the courts: both the district and the city refused him in lawsuits.

In June 2020, in the city of Zheleznodorozhny (Moscow Region), an employee of the Corruption Fund Artyom Ionov was taken into the army in a similar way to the army. The young man, suffering from asthma from childhood, on June 22 intended to go to the hospital for examination in order to confirm this diagnosis for the draft commission. Exactly on this day, Ionov was stolen near the house, taken to the distribution point and from there immediately sent to the military unit on Chukotka, despite the fact that Artem is not suitable for military service.

- Ionov provided the Internet for the weekly broadcasts of Alexei Navalny “Russia of the Future” on YouTube. I think the authorities decided in this way to interfere with the broadcasts, - then suggested the director of the FBK Ivan Zhdanov.

A month later, in July 2020, in Tula, the police detained and forcibly mobilized the press secretary of the independent trade union of the "Alliance of Doctors" Ivan Konovalov. He was forced to swear to his homeland in Arkhangelsk.

- During its work, our organization for many officials became a bone in the throat. It is clear that this is an attempt to interfere with our activities, ”Anastasia Vasilieva, chairman of the“ Alliance of Doctors ”Alliance, commented on the situation with Konovalov. -A blow to the trade union, and personally for me, because Ivan is not only a spokeswoman, but also my assistant.

Neither Ionov, nor Konovalov, the courts also helped to challenge the military actions and return to the citizen.

Resistance is useful

“For a violent call for ten years has been used in Russia as an instrument for reprisal against disloyal and objectionable,” says Elena Popova. - Recently, he has become more and more popular. Although, from my point of view, forced mobilization is still not practiced as often as, for example, bringing to administrative responsibility, if only because it can not be applied to everyone. Nevertheless, these violent actions of military personnel and police officers can and should be opposed. It is only necessary that a person knows in advance and understand how to behave in a situation of illegal call. This is not so difficult.

If the young man was caught, twisted, delivered to the military registration and enlistment office or to the assembly point, then in no case he should immediately undergo a medical examination and put on a military uniform, human rights activists advise. It is necessary to insist on the official delivery of the agenda, a referral to mandatory medical examinations and immediate release. Do not sit quietly and calmly and wait until the soldiers decide everything for the candidate. It is necessary to call lawyers, human rights activists, the Commissioner for Human Rights. Argue. Write complaints.

Do not obey illegal orders, but answer all questions the same thing: "I do not agree with the decision on the call, I will appeal it in court, let me out of here."

The human rights organization “Soldiers' mothers of St. Petersburg” confirm that often such a tactics of behavior turned out to be saving for conscripts. However, they emphasize that, as a rule, young people who have chosen from such a binding were neither civilian or political activists. Nowhere and in no way crossed the road to the authorities.

“When power methods do not work with illegal appeal, the guys are often scared by criminal cases,” Elena Popova continues. - But in these situations, criminal cases are just fear, and the army is reality, and it is much worse. It is clear that you do not need to specifically substitute for a criminal, but you need to understand: everything that is scared is much less scary than where they try to drive.

Alexander Porruk

Lawyer of the Bar Chamber of St. Petersburg, lawyer of the human rights organization “Soldiers' Mothers of St. Petersburg” from 2012 - to 2021.

- Fedotov, Shavedinov, Konovalov, Ionov - these are all typical stories of an absolutely illegal call. Firstly, the call here is illegal, at least because it cannot be carried out one day. There is a clear indication in the regulatory framework that before starting a medical examination, citizens must undergo certain clinical and instrumental studies (a general blood test, general urine analysis, ECG, fluorography, hepatitis, HIV, etc.). This is a fairly serious set of research that cannot be carried out in one day and get results. And doctors who conduct a medical examination must have these documents. Because it is impossible to draw conclusions about his state of health by one look at a person, clinical and instrumental studies are needed.

Secondly, if a person does not agree with the decision of the draft commission, he considers him illegal for any reason, then he should have the opportunity to challenge this decision in court. Just take a person under the arms of a person and take him to a assembly point, and from there to transport to some new land-absolute wildness. This practice is condemned by the UN Human Rights Committee.

In the summer of 2021, the ECHR communicated the first such complaint: Sergey Pavlov against Russia. The young man complained precisely that he was forcibly taken to the assembly point, held there, then he freed himself and filed a lawsuit. The ECHR indicated the illegality of Pavlov’s retention at the prefabricated point.

There are no regulatory legal acts that would be allowed to force the conscript to the military registration and enlistment office, conduct a medical examination and continue to release it. A person must decide what to do next. He must have the right to apply to the court if he does not agree with the decision of the draft commission. If such an opportunity is actually deprived of it (not formally, but in fact) - this is a violation of the right to access to justice. And access to justice is a fundamental law that is a guarantee of all other constitutional human rights.