How not to get to the front?

Part 1 Art. 11 Federal Law "On Alternative Civil Service"

Part 3 of Art. 59

Art. 328 of the Criminal Code.

Art. 338 of the Criminal Code. For desertion with weapons or as part of an organized group, a term of up to ten years threatens.

Art. 328 of the Criminal Code.

Part 3 of Art. 337 of the Criminal Code. He threatens deprivation of liberty up to three years.

In Russia, a spring appeal began , it goes from April 1 to July 15. The Ministry of Defense reported that they will now send summons through the "public services". The deputy chairman of the State Duma Committee on Defense Yuri Shvytkin said that the newsletter of electronic summons is equated personally in hand.

From St. Petersburg this spring is hoped to call for about 3 thousand people.

“Paper” spoke with the coordinator of the department of assistance and evacuation of the “Forest” project Anton Gorbatsevich about how to act and where to look for support for men of draft age.

Anton Gorbatsevich

coordinator of the department of assistance and evacuation of the project "Go forest"

- The Ministry of Defense said that the military registration and enlistment office would begin to send electronic summons. What can this mean for conscripts? How can they avoid obtaining a document?

-We still insist that you do not need to go to the military registration and enlistment office and take the summons. In Russian law there is no norm according to which the receipt of the agenda on the "public services" can bring a person to criminal liability, otherwise all the conscripts would fall under it.

If you have not signed, namely, the agenda personally, then the failure to appear on it does not threaten you with anything. I did not see the Ministry of Defense in the release of how the summons and verification of the conscript will be organized.

- According to the law, apply for an alternative civil service (AGS) instead of a military man is possible only six months before the start of the draft. Can I try to issue AGS for the spring call now?

- There are many manipulations that conscripts can arrange it, but mobilized cannot. In fact, everyone can issue AGS, because the right to refuse military service is enshrined in the Constitution . Therefore, they cannot deprive you of it.

AGS is provided on the basis of human beliefs. The condition with the application for six months does not take into account that in six months your beliefs could change. They formed by April 1, that was how it happened.

The Russians definitely have the right to apply for the AGS now. Another thing is that the draft commission has the right to refuse, referring to the norm on submitting an application for six months. But this does not mean that the Russian will be taken into the army. A person has the right to go to court and prove that his beliefs were formed at the time of filing an application.

- Is there a case in the practice of “go forest” when the Russians successfully managed to hide from the autumn call?

- Although we mainly work with mobilized, there are also running from a call in our practice. For example, a guy from Moscow turned to us, who raked and sent to the unit in December, at the end of the autumn call.

It must be borne in mind that three months laid before signing the contract is a lie. In practice, we saw that this is not so. He also understood this, so he successfully simulated the disease, fell into fainting. He was placed in the hospital, and he escaped from there on the New Year.

After the New Year, the conscript turned to us, and we helped him get out (he turned out to be half Lebanese, he has a father from Beirut). When he left Russia, he had searches, as he had a criminal case for desertion.

- How can a criminal case start a conscript?

- Criminal cases for desertion and evasion of military service are different compositions and different legal consequences. So, for evasion, imprisonment of up to two years threatens, for desettivity - a term of up to seven years, under aggravating circumstances - up to 15 years.

The Russian will be considered a deserter only when he has already accepted the oath. Until that time he is not a military man, he has no obligations of the employee.

- What to do men to avoid spring calling?

- Naturally, it is necessary to avoid going to the military registration and enlistment office. If you need to get a delay in learning, then this can be done with a letter with a notification or through a power of attorney. No need to go to the commissariat. You need to stay away from this system, it has nothing to do with the law. The deeper you find yourself in the system, the more difficult it is to leave it.

- You mentioned the sending of conscripts to Ukraine. How is it possible?

- It depends on the military unit, different mechanisms are used everywhere. Contributions, as a rule, are forced to switch to contract service. At the same time, for example, they can be obliged to sign empty contracts without a date.

This is a very common practice when the army is forced to sign empty papers without dates. For example, it is used in hospitals, when a military who was injured is allowed to sign the security papers. Thus, doctors insure themselves from shoots, since the hospitals are not as well guarded as military units.

Consequently, the military man who escaped has already been discharged, but has not yet arrived in the unit, and the responsibility does not lie on anyone. In this legal gap, no one is engaged in his search, because to recognize the escape - to take responsibility.

The signing of contracts works about the same mechanics. This all happens outside the legal field. The people who fell under the call probably do not burn the desire to fight. These are not volunteers. It is clear that all this is done by coercion.

- What are the risks for Russians who fall under the call now?

- The main risk is to get to the front. I don’t know what could be worse now. Even if you are serving in the unit during the urgent service, then it is very likely that no one will want to let you go, because you have already spent a year on you. Then you may be forced to sign a contract and you will go to the front on a semi -tied grounds. A similar practice occurs not only with conscripts-we have many appeals from the children who are trained at military departments and in military schools. They are forced to sign contracts there, threatening the expulsion or non -surrendering of diplomas. In this case, you must immediately write to the prosecutor’s office - this is absolutely illegal.

In addition to the front, you may be sent to border territories - to Belgorod or [annexed] Crimea. Especially when you consider that now the occupied territories of de jure are included in the Russian Federation, they can be sent there. Everything is unsteady here.

- How can conscripts avoid sending to war?

- Contact us, depending on what initial data the person has: does he have a passport, a chance to jump off for health or financial opportunity to hire a lawyer. We do not accompany the recruits of legal assistance, but radically solve issues and help a person leave. And there he can already deal with his affairs at a safe distance.

Can be deserted. The escape from the assembly point or from the military unit threatens a person with different degrees of responsibility.

Basic advice - when escaping from the unit, in no case should you take weapons with you. Without weapons, you are not so interesting, since it is better to catch ten more conditional fools. It is much easier than looking for a person who chose the second option between war and prison.

There are a lot of fugitives. Not all cases reach us, and it is good that people themselves solve their problems. However, many need a push to start acting, and we give it. Sometimes it is financial assistance, sometimes informational, sometimes you just say: “Dude, you will succeed. Dozens or hundreds have already done this, they did not go to war, did not die and did not kill anyone. They made their choice, from our point of view is the right one. ”

- Have you been able to help the Russians who have already been taken to the front?

- Yes. There are cases when people addressed us, but then they solved the issue themselves and remained in Russia. For example, a person became a sinusitis, he forbade herself to treat himself, being in a hospital in the units near Moscow.

He almost brought himself to the illness, when the sinusitis reaches the stage that the nasopharynx begins to dissolve due to pus and there is a danger of death due to entering the brain. At the same time, the man hired a lawyer and found doctors who legally accompanied him and cured him. The SLO left the hospital and received a delay for six months. He decided to stay in Russia while he has a delay, but, probably, he will slowly leave.

There are quite a lot of cases when we help people who have already been sent “for the tape” (to Ukraine - approx. “Paper” ). These are mainly in the hospital with wounds that do not allow them to get a post -person in health, so after the recovery of these people they will be sent back to the front. There are also conscious refuseniks who have already hit the tape, but were not in hostilities.

We help people leave when they are already in the Russian Federation, but do not export people from the front. For this, we do not have the opportunity and resources. Firstly, we ourselves are not in Russia. Secondly, it is dangerous. When an organized group tries to leave the occupied territories, they may face execution. This was found even with civilian ones. If it turns out that export to Russia is coordinated by someone from the outside, then there this issue is solved very quickly and, unfortunately, cardially.

Therefore, we are more likely to follow the principle of "do not harm". If we are addressed “because of the tape”, then we ask people to leave. We take off the basic instructions to them: do not go into groups, do not take weapons with us, get rid of the military uniform. Accordingly, further, when people are in the territory of the Russian Federation, we help with the export - legal or not, depending on the situation.

The second option is to surrender. We can send instructions on how to do this, but this is an even less controlled situation. It is clear that in such a situation we cannot give any guarantees.

- Are men 18-27 years old now from Russia? If they are not released, then who?

- Now everyone is being released. We monitor the border control channel, and by the appeals of our customers we exchange relevant information with colleagues. While the exit is free. There are prohibitions on certain groups (for example, security forces with tolerances to GOSTIN), but it is not related to a call.

- If a person decides to cross the border illegally, then what threatens?

-If he is not prosecuted criminally for evasion or desertion, then he is facing the 322nd article [of the Criminal Code of the Russian Federation] for the illegal crossing of the border. This threatens with deprivation of liberty up to two years. There are aggravating circumstances: if an organized group, then this can threaten up to six years. We have not had such cases so far.

As a rule, we see that a person crossed the border and he is safe. Of course, the boundaries are “holes”, but I do not want to talk about the paths. Now people abuse this. For us, “evacuators”, this is a huge job - to find the way for crossing the border and carrier. And when, in joy, some political activist tells how he got out and publishes everything-this is a big blow to those who remained in Russia.

- If a person has no savings and remote work at all and he faces a call or a second wave of mobilization, is there any organizations that will help to leave and find money, shelter for the first time?

- We provide all this: financial support for tickets and the search for shelter (usually for a period of not more than two weeks). We are not engaged in the adaptation of people who have already left. Rather, we give the contacts and tip of our colleagues. For example, in Kazakhstan there are already legal partners who are engaged in deserters planning to get refugee.

We also help a person get out when he has an intelligible plan, that is, we do not buy tickets if a person, realizing that he cannot feed himself, plans to return back. Then it will be a waste of our resources and time.

We are looking for options and tell how to behave in Russia so as not to fall under the call or mobilization. It is necessary to change the region, avoid large cities such as St. Petersburg or Moscow, because there are cameras with facial recognition.

We recommend not choosing a home region or cities associated with relatives. Also, there is no need to hide in the regions bordering on Ukraine. They are in a semi -native position, other laws and rules work there.

Card payments should be avoided and only cash. Do not use SIM cards that are tied to a passport, buy them without a passport in the black market. These are basic things, but they must be observed.

We work for you - draw up a donat so that the “paper” will continue to write about events in St. Petersburg

What else to read:

• In Russia, they are going to increase the recruitment age. The head of the "Soldiers' mothers of St. Petersburg" - about who it will affect and how to protect himself from the call
• In St. Petersburg, a spring draft in the army began

Monument to the brave soldier Schweik on Balkan Square. Photo: Yeneeto / Instagram