"Who will be captured, persuaded or forced, they will take it away"

Lawyer Ivan Pavlov on how amendments to the Criminal Code and partial mobilization will change the life of Russians

On September 20, in Russia, in a record time (in just a few hours), in two readings, amendments to the Criminal Code were amended. Now the terms “mobilization”, “martial law” and “wartime”, as well as punishment for looting, refusal to participate in hostilities and voluntary surrender, have appeared in it. The next day, partial mobilization was announced in the country, Kholod asked Ivan Pavlov, a lawyer and founder of the legal projects “Team 29” and “First Department”, explain how amendments and partial mobilization will affect the life of Russians.

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Why did you need amendments to the Criminal Code?

- This is artillery preparation for a mobilization decision. So that immediately after signing the presidential decree there is already criminal liability for violations.

Mobilization is a rarity. It is introduced when all opportunities and resources are completely exhausted. On June 22, 1941, a decree on mobilization was adopted. Incomparable events, but the fact remains ( in Russia, mobilization was officially announced three times: in 1914, 1941 and 2022.-approx. "Cold" ). Partial mobilization is also very serious.

Who primarily falls under the effect of these articles: conscripts or those who are at the front?

- Amendments are aimed at people who are subject to appeal. Typically, young people are understood as conscripts, but in some cases people under 70 years of age fall under mobilization, if they have high ranks. A soldier or sailors will be called up to 50 years. Persons who do not have officer ranks can also be called if they are less than 50.

It turns out that those who served 20 years ago can get to the front?

- Yes. We are talking about all reservists - and those who have just returned from the service, and those who have been in stock for years.

How will things be with those contractors who are already in the war?

- All exits for them are closed. Now they are already subject to mobilization. Even if they could stop the contract before, now not. They will continue to remain in the combat zone, but already in the framework of mobilization. In case of refusal, they face a prison.

Are there criteria by which will choose people to mobilize?

- The presidential decree has a secret point No. 7, where it is most likely said that the ministries of defense, internal affairs and other executive bodies should be undertaken, which should carry out their mobilization measures ( according to the press secretary of Dmitry Peskov, the number of people who must be mobilized is called. - approx. “Cold” ). Including the Ministry of Defense should determine the right number of people, their specialties. It determines this in a completely opaque order. Most likely, it will be secret.

[The Ministry of Defense] indicated the figure of 300 thousand, but I think it is approximate. We have not yet recognized the list of military accounting specialties, which means that we cannot say exactly who and how much they plan to mobilize. But this will also be secret, the selection will be opaque. Most likely, there will be big problems with a call, because people do not go to protect their homeland, but to fight on a foreign land. They will grab who will be caught. Who will be persuaded or forced, they will be taken away.

If people refuse to fight, will they fall under repressions?

- I think we will have a number of demonstration processes to show what awaits the slope. At the same time, the information about these repressions will be distributed by both propaganda and normal independent media, as they are required to inform. And the regime itself is interested in this. He needs to know as many people about those repressive laws that they apparently use as possible.

Can a departure from the country?

- In the context of mobilization, the persons who are subject to call not only do not have the right to leave the country, they do not have the right to leave their place of residence or go to another region without the permission of military commissariats or federal executive bodies. I believe that in the near future transport companies will stop selling tickets for persons of draft age if there are no permits. There will be checkpoints on the tracks where the drivers' permits will be checked.

On the day of the announcement of a partial mobilization of the airline and Russian Railways, they continued to sell tickets, Russians in telegram chats for emigrants say that they pass the border without problems. Sources of Medusa reported that they decided to allow the Kremlin to be dissatisfied with at least until the end of the referendum.

What kind of permits?

- This may be a certificate from the military registration and enlistment office that a person is released from a call for a good reason: for example, due to illness. Or there will be a booking certificate. If a person works as an official or performs stately important work. In this case, a person under reservation, which means, is released from the call.

Today, Shoigu said that the mobilization is “one -time”. What is in mind?

- This is Pandora's box. The figure of 300 thousand people is needed to calm people. "300 thousand are subject to call, but 25 million are free." However, this is only the beginning. The figure can change as long as you like, for this it will not even be necessary to change the presidential decree. This will be regulated inside the Ministry of Defense.

What to do to those Russians who, because of their beliefs, do not want to go to war? According to the Constitution, they can go to an alternative service, is it really possible to somehow not get into the combat zone?

- There are no guarantees here. Where will they go - you will go there. There can be only one universal recommendation now - try to leave the country. This is already difficult, but there are still ways. I think that after some time it will be impossible ( Ivan Pavlov himself has not been in Russia since 2021, after a criminal case was brought to him and included in the list of “media-foreign agents.”-approx. “Cold” ).

In addition, a punishment for voluntary surrender appeared in the Criminal Code. Now it is punished for 10 years in prison. Does this not contradict the norms of international humanitarian law?

- Now there is no case with the correlation with international law. Putin has already made a decision. He will regulate all internal instructions, not focusing on the UN, ECHR and other institutions, so you can now forget about international conventions.

In the new amendments, in addition to mobilization, the concepts of “martial law” and “wartime” were fixed - is there a chance that they will be announced in the near future?

- The authorities are now aimed at solving front -line problems, and everything else does not matter to her. Martial law can be introduced if the conflict is transferred to some individual regions of Russia. The minimum program has already been made now, and it is quite satisfied with the authorities. Let's see how the people will react.

What would you recommend to people who do not want to go to war?

- If you are unhappy, then look for those who are also dissatisfied, and unite. Your discontent should be noticeable. Power must see this. If a significant part of people expresses their protest, then the regime will retreat.