Crush

The deputies almost raised the draft age of Russians to 50 years-because of a comma in the bill

Three deputies of the State Duma are United Russia Alexander Borodai (former prime minister of the self-proclaimed “DPR” in 2014) and Mikhail Sheremet (former First Deputy Prime Minister of Crimea in 2014-2016), as well as one of the most odious deputies of parliament, Alexei Zhuravlev (LDPR), proposed to change the federal law “On military duties and military service”, Completing it the only point that “male citizens who have acquired citizenship of the Russian Federation, aged 18 to 50 years” should be subject to the draft for military service (now the maximum age of the draft is 30 years).

In the explanatory note, the authors report that we are talking about "natives of foreign states" who receive citizenship, but at the same time do not want to serve in the army. However, an attentive study of this text immediately discovers in it a serious legal “mine” associated with the production of a comma ...

Referring to the Russian Constitution, the authors of the project in the explanatory note indicate that “the protection of the Fatherland is the duty and duty of a citizen of the Russian Federation” and that it is “not only legal, but first of all, a moral requirement for each citizen, moral duty, universal duty, it is aimed at protecting the country, its population, material and spiritual values”.

And then they complain that “at present, as practice shows, natives of foreign states that have received citizenship of the Russian Federation are evading the registration of military registration or are intentionally waiting for the maximum draft age, which is 30 years under the current legislation, and only then enter into citizenship of the Russian Federation”.

And so, they say, “in August 2023, a police raid was held in St. Petersburg, within the framework of which about 100 immigrants from other countries who received citizenship of the Russian Federation were delivered to the military commissariats for registration, and these are“ unthinkable figures ”.

At the same time, “according to the statistics of the Ministry of Internal Affairs of Russia in January - October 2023, Russian citizenship received more than 318 thousand foreign citizens, the bulk of the main part is made up of Tajikistan, Armenia, Kazakhstan, Kyrgyzstan, Uzbekistan and Azerbaijan.”

And since each citizen of the Russian Federation has all rights and freedoms on its territory and bears equal duties provided for by the Constitution of the Russian Federation, each citizen “regardless of the method of acquiring citizenship is obliged not only to use the benefits that our state provides for him, but also, if necessary, to defend it.”

And "this issue has acquired the greatest relevance in the context of a special military operation."

Therefore, a bill is proposed, which “will allow solving these problems and restore justice” ...

The desire of the authors of the initiative to replenish the army ranks at the expense of those who arrived is obvious, as well as their resentment that they, apparently, are not very eager to do this.

Do they understand that the adoption of such an initiative will be greatly reduced to the country to the country is unknown (and there is a need for work force).

And most importantly, do they understand that the text of the law (and not an explanatory note) is written in such a way that it can well be interpreted as an increase in a draft age up to 50 years for everyone?

Petersburg lawyer Igor Karllinsky, who paid attention to this, points to ... a comma. Since it is punctuation here is the most important.

Judge for yourself.

We read again: "male citizens who have acquired citizenship of the Russian Federation are subject to the call, aged 18 to 50 years."

There is not a word about “natives of foreign states”, nor about natives, nor about foreigners, nor about stateless persons. There are citizens of Russia who "acquired citizenship of the Russian Federation", aged 18 to 50 years. AND

The department using a comma of the words “aged 18 to 50 years” from the words “acquiring citizenship of the Russian Federation” does not mean the age of acquisition of citizenship, but the age of the draft.

It is also written so in subparagraph “A” of paragraph 1 of Article 22 of the Federal Law “On Military Duty and Military Service”: “male citizens aged 18 to 30 years, which are registered or not, are obliged to be in resources (hereinafter referred to as citizens who are not in reserve)”.

It is not only about those who were accepted into citizenship, but also about those who received it in other ways.

The method of acquisition in the bill is not specified - it means that article 12 of the Federal Law “On Citizenship of the Russian Federation” is applied, which says that citizenship of the Russian Federation is acquired:

1. by birth;

2. as a result of admission to citizenship of the Russian Federation;

3. as a result of recognition by a citizen of the Russian Federation;

4. as a result of the choice of citizenship of the Russian Federation when changing the state border of the Russian Federation (optation);

5. In accordance with the international treaty of the Russian Federation.

In other words, strictly, according to the letter of this bill, due to the commas, the male citizens from 18 and to 50 years of age will be subject to a commodity.

Yes, according to Igor Karlinsky, most likely this project, along with the explanatory note “In the high -style style, by current standards, patriotism” will receive the negative conclusions due and go to the archive without reaching the first reading. But the idea may appeal to people who can formulate it without any problems foldedly (such as Klishas, ​​Krasheninnikov, Pligin), and then the trouble ...

While this text was being prepared, it became known that the State Duma speaker Vyacheslav Volodin invited the deputies to withdraw the bill, considering it unprofitable. Waiting for working on errors?