
“Kholod” answers the main questions about mobilization together with human rights activist Anastasia Burakova and executive secretary of the Union of Committees of Soldiers' Mothers of Russia Valentina Melnikova.
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On the morning of September 21, Vladimir Putin announced the beginning of partial mobilization: “Citizens who are currently in the reserves will be subject to conscription for military service, and above all those who served in the armed forces, have certain military specialties and relevant experience "
The published decree calls the mobilization partial, but does not explain what this means. “Under this text, anyone can be called up, except for workers in the military-industrial complex, who have a deferment for the period of work,” political scientist Ekaterina Shulman wrote in her Telegram channel. “The fact that mobilization concerns only those in the reserves and those who have some specially needed specialties is stated in the speech, but not in the decree.”
Also, clause No. 7 is missing from the published decree: it is hidden under the heading “for official use.” According to presidential press secretary Dmitry Peskov, the seventh paragraph contains information on the number of those who will be mobilized.
Mobilization is the transfer of a country's armed forces from a peaceful state to full combat readiness. This means that those in reserve will be drafted into the army. Mobilization usually occurs during war, but the Russian president can declare it due to aggression against the country or its "imminent threat."
In current Russian legislation, the term “partial mobilization” is mentioned , but the criteria that distinguish it from full mobilization are not spelled out - they can be determined by other regulations, including, for example, the decree that Putin signed on September 21. However, according to human rights activist Anastasia Burakova, in order for mobilization to be truly partial, the presidential decree must at least determine the age of those who are subject to mobilization, as well as specify the specific military specialties of these people. “Mobilization in the form in which it is prescribed now is in fact not partial,” says Burakova.
This is not clear from the text of the decree.
“The decree is formulated as broadly as possible. In fact, the Ministry of Defense will decide who, from where and in what quantity to send to war,” wrote lawyer Pavel Chikov. — The mechanism will be as follows: the Ministry of Defense will form mobilization quotas for each region of Russia. Governors will be responsible for their implementation."
The community of lawyers and human rights activists “First Department” in its telegram channel claims that first of all those who are in the reserve and have specialties “important for the army” - we are talking about missilemen, artillerymen, tank crews and signalmen. “Whether the mobilization will affect those with limited capacity for service is still unclear. According to Shoigu, there is no talk of mobilizing students. The age limit for an ordinary military personnel is 50 years. For a marshal, general of the army, admiral of the fleet, colonel general, admiral - 65 years, for a lieutenant general, vice admiral, major general, rear admiral - 60 years, and for a colonel or captain of the 1st rank - 55 years ( for female military personnel - 45 years, for female officers - 50 years. - Note from Kholod ),” human rights activists write. Secretary of the Human Rights Council Alexander Tochenov said that those with limited fitness will not be drafted.
Anastasia Burakova adds that women can be mobilized: “Women also serve in the army, usually in supply, or they can study at a military university. I can’t say that this is a big list, but still. Doctors who do not fall under the exceptions are also included in the reserves.”
Valentina Melnikova, executive secretary of the Union of Committees of Soldiers' Mothers, noted that the last time there was mobilization in Russia was during the Great Patriotic War: “Volunteers were recruited for the wars waged by the Soviet Union and Russia. During the Afghan war, there was an informal conscription, which was called a “limited contingent” ( mobilization was not officially announced, but conscripts from the reserve were called up for training, and then sent to fight. - Note “Cold” ). Conscripts were sent to the First Chechen War in 1995 because there were no contract soldiers then. Then contract service was introduced, and the Second Chechen War allegedly involved contract soldiers. Therefore, we have not had any experience of mobilization for a long time, and it is still impossible to assess exactly how it will be implemented now.”
Reserve is a broader concept; it also includes reservists.
By law, the reserve consists of “human reserve” and “human resource”. Reserves are people who have entered into a special contract with the Ministry of Defense to remain in the reserve: in peacetime, they participate in training camps and receive money for it. The second includes all other citizens enrolled in the reserve and not included in the reserve.
Mobilization involves calling up citizens from the reserves for military service. It includes not only those who completed compulsory military service, but also, for example, men who were somehow able to avoid it. It also includes women with a military specialty. The list of such professions has been approved by the General Staff: for example, there are doctors, surveyors, cartographers. Women who graduated from college or university in these specialties are required to register with the military registration and enlistment office.
Anastasia Burakova explained to Kholod that due to the absence of a definition of military specialties and other mobilization criteria in the presidential decree, all “reserves” can be called up, regardless of the contract for being in the reserve. “It makes no sense now to talk about conscription from a legal point of view. Everyone can be drafted,” added Valentina Melnikova.
If you believe the statement of Defense Minister Sergei Shoigu, there are about 25 million people in the reserve. “We are now attracting 1.1% of the total mobilization resource, 300 thousand reservists ( 1.1% of 25 million is 275 thousand - Note by Kholod ),” Shoigu said.
Yes.
In St. Petersburg, according to lawyer Pavel Chikov, summonses have already begun to be issued . He also reports that doctors in Moscow receive summonses from military registration and enlistment offices to serve a mobilization order.
During mobilization, everyone who is subject to conscription for military service receives mobilization orders. Many, according to Pavel Chikov, received such orders this spring, but some are receiving them today. Having received an order, a person is obliged to report to assembly points within the time limits specified in the order.
In addition to the mobilization order, a summons can be delivered, and it is considered delivered when it is handed over personally by an employee of the military registration and enlistment office against signature (the summons must indicate: the date and time for which you are called, the reason for the call, the official who is calling, work telephone for communication).
Those mobilizedwill go to war as contract soldiers. Their salary should be the same as for contract soldiers. According to the new decree, the contract is valid until the end of partial mobilization, and military personnel can resign only due to age, health (if they are declared unfit for service) or if they are sent to prison.
There are military personnel whose contracts ended recently - in July, August and September. “These soldiers are standing on the border near the city of Armyansk and want to return to their homeland, because the contracts have ended, but now they will not be returned. Because the decree says that contracts are extended until the end of hostilities ( the decree says that contracts are extended until the end of the period of partial mobilization - note by “Kholod” ),” Valentina Melnikova told the editors.
Melnikova doesn’t know how many such people there are. According to her, about 10 people have so far applied to the Union of Soldiers' Mothers Committee.
Pavel Chikov writes that travel restrictions apply to everyone who is registered with the military (regardless of whether they are subject to conscription for mobilization or not).
“According to the law, people cannot leave their place of residence without permission from the military commissariat if they have a military specialty. But how will this be formally controlled? I’m not sure that our interdepartmental cooperation is so well established,” says Anastasia Burakova. “In theory, no one will prevent the person from leaving until the person has received a summons.”
If the person is still not released at the border, then he will simply be turned back and will not be given permission to leave, Burakova is sure.
The FSB Border Service today told Kholod that due to the introduction of partial mobilization, the rules for crossing the border for men of military age have not changed.
Valentina Melnikova believes that it is impossible to give general recommendations in such a situation.
“You have a choice: if you refuse, you are taken to court, you are convicted, you go to prison. You sit in prison, they feed you three times a day, take you out for walks, and don’t shoot you. Everyone must analyze their situation and decide for themselves,” says Melnikova. “Contact lawyers, and they will help in each individual case.”
Here is a list of several telegram channels and chats of human rights activists and lawyers who can advise on mobilization
— Community of lawyers and human rights activists “ First Department ”
— Telegram channel “ Military Ombudsman ”
— Telegram channel of lawyer Pavel Chikov
— Human rights project “ Conscript School ”, which advises on conscription issues
— Telegram channel of the movement “ Conscious refusal of military service in Russia ” with a hotline for lawyers and human rights activists on the ACS
— Hotline for conscripts and military personnel of the human rights project “Agora”
— Project “ Citizen and Army ” with legal assistance to conscripts and military personnel
— “ The Committee of Soldiers’ Mothers ” helps conscripts and military personnel. Receptions and consultations are conducted by experienced lawyers, former military investigators or prosecutors.
— Human rights organization “ Soldiers’ Mothers of St. Petersburg ”
But until you have been handed a subpoena at your place of residence or place of work and you have not signed it, you can look for options.
Lawyers advise checking for diseases that prevent military service. You can view their list here .
If, since the last medical examination, you have developed a disease that does not allow you to perform military service, you need to collect all the documents on it in advance in order to show them at the medical examination at the military registration and enlistment office.
The community of lawyers and human rights activists “Call to Conscience” recalls that from the moment of enlistment in the reserves, a citizen could have formed beliefs that are contrary to military service. According to Article 59 (Part 3) of the Constitution of the Russian Federation, people whose beliefs or religion are incompatible with military service have the right to alternative civil service (ACS). “Those who declare their convictions and demand ACS should not be conscripted until the state provides them with the opportunity to exercise their right to undergo ACS instead of military service during mobilization,” says the Telegram channel “Appeal to Conscience” "
In an application for ACS in the event of mobilization, it is important to justify that beliefs contrary to military service arose after completion of military service (or enlistment in the reserve). We need to state these beliefs and describe how they were formed. You can read about how and where to submit such an application here .
Updated September 25. The official Russian portal “Explain.rf” reported that alternative service during mobilization is not provided. On the 122 hotline, where you can call with questions about mobilization, they answered the same way.
Updated October 19. In fact, you can submit an application for AGS even if you are already at the military registration and enlistment office or mobilization point. Here , lawyers advise how to argue for this opportunity if they are trying to prove to you that you do not have it.
When the person subject to mobilization receives a summons, his decisions begin to have legal consequences. Until this moment, no liability for evading mobilization has been spelled out in the law.
Refusal to come to the military registration and enlistment office after receiving a summons may be punishable by an administrative fine of 500 to 3,000 rubles. This is good news. The bad thing is that if a person continues to evade military service, then this is already a criminal offense , for which they are given up to two years in prison. The police will decide what exactly to charge the refusenik with; then the correctness of the punishment must be confirmed by the court. And if a person feigns illness, uses false documents, or injures himself in order not to serve, he faces up to 10 years in prison.
Updated September 22. Earlier, Kholod published the opinion of lawyers who believe that if you continue to evade military service after a fine, this will be considered a criminal offense , since Article 328 itself does not specify to whom and when it applies. Since there are no clarifications and there is no separate punishment for failure to appear for mobilization, this article is in effect. But, according to lawyer Anastasia Pilipenko, based on the wording of the Supreme Court , “reservists” only face administrative liability for failure to appear at the military registration and enlistment office, and Article 328 of the Criminal Code does not affect them.
Updated September 23. On the direct line, the Ministry of Defense said that for failure to appear at the military registration and enlistment office, a person bears only administrative liability in the form of a fine of 500 to 3 thousand rubles. There is no criminal penalty for failure to appear on a mobilization summons.
“A citizen is mobilized and receives the rights and responsibilities of a military serviceman only after arriving at the military commissariat, undergoing a medical examination, the decision of the mobilization commission and the issuance of the corresponding order of the military commissariat. If a citizen evades after this, he may face liability under the recently adopted Article 337 of the Criminal Code,” they said on the direct line.
A separate category is “reserves” who have mobilization orders (many received them this spring). Now, after the decree on mobilization is issued, they must appear at the military registration and enlistment office themselves.