Translated material
Serving - not happy!
How not to go to fight. Answers to the main questions
Almost a week has passed since the announcement of Russian Putin’s President, “partial” mobilization. The Ministry of Defense of the Russian Federation assures that 300 thousand reservists will be called up for war. Source of Novaya Gazeta. Europe ”in the presidential administration talks about the possible mobilization of one million people, and the interlocutor of Medusa - about the figure of 1.2 million people.
An alarming reports are received from different regions about the ban to travel outside the region, to remove mobilization from the train and closing borders for mobilized ones. In the military enlistment offices, people are taken without a proper medical board and sent to the war those who are not suitable for service. Even the authorities recognized "incorrect cases of mobilization of citizens who obviously do not fall under the previously declared military leadership of the selection rules." With the support of the lawyer and director of the School of Dyalum, Alexei Tabalov tried to answer questions about how to escape from participating in the war or get a delay.
1. Who is subject to "partial" mobilization?
Citizens of the Russian Federation, who are in the reserve of the Armed Forces, that is, who met the military and dismissed in the reserve who have passed the alternative civil service, are subject to the draft for mobilization ; not serving in connection with category “B” (limitedly suitable for military service), by reaching 27 years or for another reason; Graduates of military universities and higher educational institutions with the military department. Priority is given to arrows, tankers, artillerymen, drivers and drivers and/or those who have combat experience. Documented this has not been confirmed anywhere, but follows only from the statements of the Ministry of Defense. There are no guarantees that in the first place they will mobilize the military of these specialties.
Officially voiced age restrictions: ordinary and sergeants - up to 35 years old, junior officers - up to 50 years old, senior officers - up to 55 years.
2. Who has a delay from mobilization?
The Ministry of Defense promised not to mobilize the reserved employees of the defense industry enterprises; Some specialists in the field of IT, finance, communications and media, having the appropriate higher education and full -time working (lists of such employees are determined by employers). This also applies to citizens with the category of health “D” (“not suitable for service”) and with the category “G” (“temporarily not suitable”).
With the beginning of mobilization, radical tips appeared on social networks, how to get the status of a “temporarily inappropriate” to the service. People are offered to break their arm or leg.
“If you break your hand, you, of course, will not be called anywhere, you will be given a delay so that your limb will grow together. But sooner or later your arms and legs that can be broken will end. And what's next? " - asks the director of the human rights organization "School of the Supplier" Alexei Tabalov.
At the same time, he notes that criminal liability for deliberate acquaintance for evasion is provided only when applying for military service, there is no criminal liability for such an act.
The delay from mobilization is also provided by busy constant care of a family member or for disabled groups of group I; having four or more children under the age of 16 years; Those whose mothers, in addition to them, have four or more children under the age of 8 years and raise them without a husband, as well as students of vots and in-person-and-and-and-handings receiving the first secondary or higher education.
Despite the official statements of the authorities, the summons come even to large fathers who carried it-specialists and men with serious health problems. Some of them manage to “recapture” thanks to wide publicity: in Buryatia, 70 large fathers and not serving citizens were released in Buryatia; In Moscow, the military registration and enlistment office canceled the mobilization of the ITRO from Sberbank; And in the Sverdlovsk region, the prosecutorpromised to return home a 59-year-old surgeon with skin cancer of the first stage, which was mobilized and appointed commander of the platoon the day before. At the same time, we should not forget that we do not know about many such stories, and it is not known how events develop with other violations.
3. How to avoid obtaining a summons?
Lawyers agree that you do not need to take the agenda if you are trying to hand it on the street. Human rights activists advise not to open the door to strangers, not to live at the place of registration or temporary registration. You can also leave for another region or another country.
It is important to note that in the presence of any diseases confirmed by medical documents, it is worth remotely worthwhile to mobilize. All the necessary certificates and confirmations should be transferred through a relative with a general power of attorney or sent a valuable letter with a description of the investment and a notification of delivery, lawyers say ..
“We see crowds of men who voluntarily go to the military enlistment offices and grazing near its doors. "Well, why did you come there?" - I want to shout. - "Run, go as long as there is an opportunity!" But no, they are humbly standing and waiting. What are they waiting for? "
- writes Alexei Tabalov.
4. Is it possible to choose an alternative civil service (AGS)?
The government portal "Explain.rf" says that "an alternative service is not provided for mobilization." At the same time, no decrees on her ban were published.
The head of the "School of District" notes that the right to AGS is guaranteed by the Constitution of the Russian Federation.
“In Russia, laws have been adopted that determine how this right is realized. In the case of a call for military service, there is such a law, in the case of mobilization - it is not, that is, there is no mechanism for the exercise of this right, but the right itself exists, ”he says.
The lawyer recommends anyway to apply for an alternative civil service, while you should not appear in the military registration and enlistment office personally.
5. Does the law provide for liability for covering those who are subject to mobilization?
No. At the moment, there is no responsibility for this, Tabalov notes. Therefore, you can help your friends by allowing them to live with you.
6. What to do if they want to hand the agenda at work?
“Just do not receive - and that’s it. Refuse and not receive. There will be nothing for you for this, ”Tabalov advises.
The anti -Foundation movement in the event of a mass presentation of the summons suggests not to appear at the workplace.
“If the employer does not make contact, is affiliated with the state, or if anything seems suspicious to you, immediately take the sick leave.
You can take a vacation at your own expense, but better sickly. If it is clear in advance that your employer will not behave adequately, perhaps it is worth resolving, ”the experts say.
7. Is the summons considered to be considered if a person refused to sign in receiving it?
You can refuse to sign in receiving the agenda when meeting with an employee of the military registration and enlistment office, but this will not help.
“They can draw up an act that you tried to hand it to the agenda, but you refused to sign. In principle, this can be regarded as a proper notice of you. And if you do not come on this agenda, then you may be a fine of 500 to 3,000 rubles, ”the director of the School of Cremoon notes.
8. There are many tips in the public field that the best way to avoid mobilization is to leave the country. Where can I go?
Now in Russia there are no prohibitions on departure from the country. Despite the fact that tickets for direct flights were sold out on the day of mobilization announcements, people continue to leave. On the borders with Georgia, Kazakhstan and Finland, large traffic jams are observed. You can also go through Mongolia or Norway (we need a Schengen visa), advises the Support Service. Behind the situation at the borders, follow the border control and other channels through the telegram channel.
Different organizations help the Russians abroad, including the Arkht emigrants to help emigrants project. Also, local residents do not stand aside. So, the leaders of the Cinemapark cinema in the Kazakhstan city of Uralsk invited citizens leaving Russia to spend the night in the cinema halls. Forced migrants have already spent several nights there.
At the same time, it is probably worth a hurry to go abroad: according to The Bell, at the border crossings at the airports, according to the lists of the subject mobilization, they have already begun to check male recruiting age. Also today it became known that five Russians were removed from a train from St. Petersburg to Belarus.
9. What documents are needed for departure?
In addition to standard documents like an internal and foreign passport, birth certificates and marriage and a driver’s license, if you leave for a long time, do not forget to take a diploma of education. Also, if time allows
It is worth issuing a general power of attorney for a relative or any other person to whom you trust him to solve important issues while in Russia.
Such a document can be made at a notary public, but it should be borne in mind that now it is a rather popular service and there may be queues.
10. What liability is provided for evasion of mobilization at different stages?
For failure to appear in the military registration and enlistment office on the agenda, a fine of up to three thousand rubles can be imposed on the agenda (Article 21.5 of the Code of Administrative Offenses). There is no criminal punishment for failure to appear, this is also confirmed on the hotline of the Ministry of Defense of the Russian Federation.
“Since the mobilization of the mobilization on September 21, not a single criminal case or protocol on the Code of Administrative Offenses (including article 21.5) for evasion, failure to fulfill the obligation or failure to appear at the military registration and enlistment office is not known,” said human rights activist Pavel Chikov.
In accordance with the new amendments, those called up for military fees from the reserve will be criminally liable for failure to appear or unauthorized abandonment of the place of service. If these actions “entailed grave consequences”, the law provides for imprisonment for up to 10 years. The law applies only to those citizens who have already passed the medical examination and the draft commission at the military registration and enlistment office, and an order was issued against them to enroll the military unit in the list of personnel.
Criminal liability was also introduced for voluntary surrender: for this threatens from three to ten years in prison.
11. The Ukrainian authorities urge the mobilized to surrender. Is this a suitable option?
President of Ukraine Volodymyr Zelensky promised that Ukrainian troops would keep secret the voluntary surrender of Russian troops. Zelensky said: “No one will recognize the circumstances of how you surrendered, no one in Russia will know that your surrender was voluntary.”
“If you are afraid to return to Russia and do not want an exchange yourself, we will find a way to provide this,” the President of Ukraine promised.
For those who choose this option, the “Support Service” has prepared a whole instruction on how to surrender correctly. It is important to understand that the Russian authorities promise to conduct training mobilized before sending them to the front for several weeks. Also, no one can guarantee the safety of your life in the war until the moment of falling. Therefore, this option should be considered only if you have already got into the training part; At the remaining stages, “under no circumstances to appear in the military enlistment office” is still the best solution.