Will there be a second wave of mobilization in Russia? How will it go? Answering important questions with a lawyer

A little more than a month ago, on September 21, partial mobilization began in Russia: about 300 thousand reservists were conscripted (according to Defense Minister Sergei Shoigu, this was “1% of mobilization resources”), students received a deferral; conscripts; with a registered certificate; employees at the enterprises of the military-industrial complex; media and IT workers.

And in mid-October, Russian President Vladimir Putin said that in his opinion, all mobilization activities will be completed within two weeks, and there is no need to “expand the volume of partial mobilization for the foreseeable future.”

Still, there is already talk of a second wave of mobilization. Do they have land? Who can announce the continuation of the mobilization, and most importantly, when? What are the legal ways to postpone?

We are interested in Yulia Andreeva, a lawyer and partner of the law firm S&K Vertical.

Julia Andreeva

Who and how can announce the second wave of mobilization? Do only the president or regional presidents have such powers?

Issues related to mobilization are regulated by the Federal Law “On mobilization training and mobilization in the Russian Federation”. In accordance with article 4 of this law, it is the President of Russia who plays the main role in this process. It determines the goals and objectives of mobilization training and mobilization in the Russian Federation, makes regulatory legal acts in this area and acts as a coordination to ensure coordinated interaction between state authorities. Let me remind you that the partial mobilization of September 21, 2022 was declared definitively by the Decree of the President of the Russian Federation, which contained orders to other state officials. Thus, the decision to implement mobilization measures is made by the president, and the top officials of the subjects are authorized to act according to the president’s actions.

Is the second wave of mobilization in any way connected with the introduction of the “four levels of response” in Russia?

Presidential Decree of October 19, 2022 No. 757 provides for additional measures on the introduction of martial law in some regions of the territory of the Russian Federation, including the division of subjects of the Russian Federation into levels of response. This decree does not mention an increase in military contingent and additional “waves” of mobilization. It is stated that only in regions where there is a maximum and average level of response, senior officials have the power to “take economic mobilization measures”, that is, we are talking about measures of a proprietary nature. It is not about the mobilization of citizens.

Can we talk about the timing of the announcement of the second mobilization wave? Is it mandatory or should it be at all?

To date, the concept of “mobilization wave” has not been included in any regulation. In addition, government officials (for example, the presidential press secretary Dmitry Peskov) have repeatedly stated that there are no “waves” during partial mobilization in Russia. I note that the Presidential Decree on the declaration of partial mobilization does not contain the deadlines to be completed or explanations of the mobilization stages. It should also be noted that the decree does not specify a specific number of persons planned to be mobilized (paragraph 7 of the Decree Law containing this information is classified). For this reason, it is not entirely correct to talk about “mobilization waves” from a legal point of view.

However, part of the mobilization is still provided: for example, par. 2 hours 1. 1 of the Mobilization Law, mobilization in the Russian Federation can be general or partial. The law does not specify that a general mobilization must necessarily follow after a partial mobilization: the decision on this is made by the president. Therefore, if partial mobilization fails to achieve the set goals, general mobilization can be declared by presidential decree. However, the Mobilization Law establishes the same powers of public authorities in case of partial and general mobilization, although these can be elaborated by a presidential decree.

Is the order of conscription by the MCA the same when the second wave is announced?

The procedure for enlistment for mobilization is determined by Chapter V of the Mobilization Code, which defines the general provisions. As for the nuances, as well as the military specialties required for the mobilization call, the details should be reflected in the Presidential Decree and other explanatory actions of state officials and will depend on the nature of the mobilization. In case of general mobilization, all citizens registered in the military will be subject to compulsory military service.

What legal ways are currently available to delay mobilization?

According to art. In 18 of the Mobilization Law, the postponement of military service for mobilization is provided by:

• citizens reserved for public authorities, local authorities and organizations;

• temporarily unfit for military service for health reasons – up to 6 months;

• Those who are constantly caring for a family member or adoptive parent if there is no one to take care of them. The need for care must be confirmed by the result of the federal institution of medical and social specialties or a document on disability of group I;

• guardians or guardians of younger brothers or sisters, if there is no one to support them;

• parents of four or more children under the age of 16;

• men raising a child under 16 years old alone;

• Husbands whose wife is at least 22 weeks pregnant and who also have three children under the age of 16;

• women who are at least 22 weeks pregnant or have children under 16 years of age;

• sons who have four or more children under 8 years of age other than their mothers and who are raising them without a husband;

• Members of the Federation Council and State Duma deputies.

In addition, on October 4, the General Staff of the Russian Federation, in addition, made statements according to which the right to delay was granted:

• Students of “Full-time and part-time educational forms of secondary and higher vocational education in state and commercial educational institutions, scientific institutions and for the first time receiving an appropriate level of education”, the right to deferment also applies to graduates. student and students in evening education;

• work in organizations of the military-industrial complex;

• employees of organizations accredited in the field of information technology, organizations to ensure the stability, security and integrity of the functioning of individual communication facilities;

• employees of backbone organizations in the field of information and communication in media, broadcast channels and radio channels;

• working in institutions that ensure the stability of the national payment system and financial market infrastructure, bank liquidity management, cash circulation;

• having a child “with serious incurable diseases or three children, one of whom is disabled”.

A bill was also submitted to the State Duma to introduce a deferral for fathers with three or more children under the age of 18 (up to 23 in case of full-time education of children). only son or daughter of a single parent. However, the State Duma Defense Committee recommended rejecting these proposals and they were never accepted.