Mobilization continues: where to go if subpoenaed illegally

On October 17, it became known that the partial mobilization tasks in Moscow were fully completed. This was stated by the Mayor of Moscow Sergei Sobyanin.

The official announcement states that the collection points for the mobilized will close at 14:00 on 17 October 2022. Subpoenas sent to the place of residence and businesses during the mobilization process lose their validity from this moment on.

However, mobilization continues in many parts of the country. Yes, and the question arises of what to do with those who have been illegally summoned or who cannot be mobilized for official reasons, but who are also on this list. For example, we became aware of a situation where a young man with a disability received a written official notice to come to the recruiting office – the man lost his leg while serving in the military. In addition, reports of police officers stopping at subway entrances and handing out subpoenas to “everyone in a row” have become more frequent.

So the question arises: “Which authorities should you contact if you have received an illegal call to the military registration and registration office?”. To find answers and understand the situation, we turned to Ilya Borovkov, an expert from the Koblev and Partners Law Firm.

Ilya Borovkov, lawyer of the law firm Koblev & Partners

First of all, I would like to understand whether the internal affairs bodies, not the employees of the military registry and registration office, can deliver subpoenas to the military registry and registration office.

par. 2 pages 2 art. 31 of the Federal Law of March 28, 1998 N 53 “On military service and military service”, if it is not possible to make a call to citizens by employees of the military and enlistment office or the employer, to ensure that citizens come to events, on the corresponding written objection of the military service commissariat, to the relevant internal affairs bodies is assigned.

In addition, there is a joint order of the Ministry of Internal Affairs of the Russian Federation and the Ministry of Defense of the Russian Federation, which provides for the right of the military commissar to send citizens during their next military service. Written applications made to the relevant internal affairs institution to ensure that they come to the events related to military service, the event of determining their actual position with the attachment of the summons to be notified to them, which is personally indicated in the written appeal of the citizens who could not be notified in the prescribed manner (subparagraph “g”, paragraph 4 of the Order).

lower. Paragraph 5 of the same Regulation contains the obligation of the heads of the interior departments, upon receipt of such an application, to take the necessary measures to establish the real whereabouts of the citizens and issue a summons to them. military commissariat.

In all cases, however, home affairs officers must act when presenting a subpoena, strictly adhering to the following conditions:

1) The internal affairs body received a written request from the military commissariat;

2) the indicated appeal must specify the specific persons to whom the subpoena should be served (except in cases of “mass” delivery of the subpoena at metro stations);

3) the appeal must contain information about the military commissariat, which took the necessary measures to determine the whereabouts of persons, and about the impossibility of giving notice to it;

4) Law enforcement officers cannot independently enter the data of individuals on the agenda.

Where to go if the above conditions were violated and a subpoena was issued illegally?

First, it is necessary to record in as much detail as possible the data of the face of the employee who is trying to give you the token, certificate and subpoena. This is necessary in order to object to the actions of a particular employee.

In the future, the appeal procedure may include several parallel appeals: to the prosecutor’s office, to the court. You can also contact the head of the issue and the regional human rights commissioner, who is the head of the mobilization commission in question.

Is it possible to do something if the spouse/brother/father has been subpoenaed illegally and has already gone to special education or to the front?

From a possible mobilized person, he will find himself in all courts, enforcement offices, etc. It is necessary to remind the readers of the importance of issuing a notarized power of attorney with the right to represent.

We also keep in touch with the prosecution, the head of the case (who is the head of the mobilization), and the Ministry of Defence.

In this case, you can file a lawsuit in court to challenge the draft board’s decision, and you can also file an interim injunction in the form of suspension of the draft board’s decision to settle this case in court.

If you have been subpoenaed illegally and you have not appeared at the military registration and enlistment office, is this considered fugitive?

It is difficult to assess how a particular law enforcement will react to this, but the risks of bringing it to administrative liability under Art. 21.5 of the Code of Administrative Offenses of the Russian Federation remains, since the fact that it is illegal to serve the summons still needs to be proven.