The agenda has come: what to do and is it possible to refuse? Legal advice

The agenda has come: what to do and is it possible to refuse?  Legal advice

The number of questions in people’s minds now exceeds the usual norms. We are constantly thinking about special operations, the safety of our loved ones, and of course partial mobilization. The latter, meanwhile, occupies the minds of the majority. But this is not surprising, because we heard about mobilization and military operations only from the stories of grandparents. But the situation we are facing now is very different from the events of past years.

And now the issues of the agenda and partial mobilization need to be resolved not by the older generation, but by us, and thousands of misunderstandings arise in connection with this. To clear all doubts, we collected perhaps the most pressing issues on the Web and discussed them with Ilya Borovkov, an expert from the Law Firm of Koblev and Partners.

Ilya Borovkov, lawyer of the law firm Koblev & Partners


Can they file a criminal case if they don’t receive the mobilization summons or refuse to sign for the receipt?

No, at the moment it is possible to refuse to receive a summons (refuse to sign for receipt), only administrative liability in accordance with Art. 21.5 of the Code of Administrative Offenses of the Russian Federation, which provides for punishment in the form of an administrative fine in the amount of 500 to 3000 rubles.

According to the official statements of the Supreme Court of the Russian Federation, matters of criminal liability in accordance with Art. 328 of the Criminal Code of the Russian Federation are persons who are not in reserve, that is, only conscripted for military service. Therefore, persons subject to mobilization are not subject to this article.


Is there a threat of criminal action or administrative fine if the notification is delivered to parents, third parties or by telephone, rather than by hand?

No, according to paragraph 2 of Art. 31 of the Federal Law “On military service and military service” of March 28, 1998 No. 53-FZ and the application of the Supreme Court of the Russian Federation, the summons must be submitted in person against a receipt. Any other delivery will be considered inappropriate and will not lead to liability.


Is it considered illegal if a person resides at another address even though the notification arrives at the registration address?

In this case, we can talk about attraction under Art. 21.5 of the Code of Administrative Offenses of the Russian Federation “Failure of citizens to fulfill their duties of military registration”, not because of the fact of avoiding the receipt of a subpoena, but for failure to fulfill the obligation to appear at the military registration and enlistment office -when moving to a new settlement outside the municipal borders, for more than three months when moving to a place of residence for a period of time, registration, removal from the military registration and changes in the military registration documents and not making a separate notification, moving to a new residence or place of residence within the boundaries of the municipality.

It entails the issuance of a warning or an administrative fine from 500 to 3000 rubles.


What should relatives do if they ask where a mobilized person is?

The responsibility of not reporting the location of a relative subject to mobilization is not regulated in the legislation. According to art. 51 of the Constitution of the Russian Federation, you can refuse to disclose any information about your close relatives, including spouse, parents, children, adoptive parents, adopted children, siblings, grandparents, grandchildren.


What to do if the call is given to a woman who does not meet the mobilization criteria?

There is no specific rule for women in the agenda items.

If a woman is in charge of military service and is in reserve, after receiving the call she should go to the military registration and enlistment office and report (preferably with documentary evidence) that she does not meet the criteria for mobilization. If this does not work, it is necessary to file a complaint with the higher draft board, the military prosecutor’s office, and also with the court. Currently, there is the possibility of appealing the decision of the draft board through “Gösuslugi”.

Source: People Talk

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