Posted 4 января 08:17
Published 4 января 08:17
Modified 4 января 13:28
Updated 4 января 13:28
35-year-old Anatoly Mironov was sure that the order for his mobilization was an accidental mistake, took a certificate from work and went to convince the military commissar. But he didn't come out of the building anymore.
People with a summons came to the Mironovs' home address on October 11.
They were in civilian clothes, they did not introduce themselves, they were definitely not from the military enlistment office, and for some reason it stuck in my memory that they were employees of the administration, says the wife of the mobilized Anatoly Mironov, Yevgenia Mironova.
35-year-old Anatoly Mironov absolutely did not expect that such a case would come to his soul.
He served 13 years ago, has no real combat experience, did not graduate from the military department, an ordinary private with a wife on a maternity leave and a two-year-old child; he is the only breadwinner in the family. But most importantly, the Russian Standard bank, where the man has been working since 2019, issued him a deferment from mobilization.
Mironov is on the lists for deferral from conscription for mobilization, and this is documented by the Central Bank and the General Staff.
The very next morning, Anatoly hurried to the Izmailovsky military enlistment office with a certificate from his employer. He was sure that he would show it to the officials, and the ridiculous misunderstanding would be corrected.
The job certificate states that Anatoly Mikhailovich Mironov is the chief specialist of the Engineering Support Department of the Administrative and Technical Department, ensures the operation of critical infrastructure, and his position "belongs to separate categories of positions of organizations that ensure the stability of the national payment system, financial market infrastructure, bank liquidity management and cash circulation".
But in fact, the certificate from the employer turned out to be empty words.
- That day I went to the military enlistment office with my husband. He went into the building... and never came out again. An employee came out to return his wallet to me. He was mobilized in one day. He did not take any things with him, only documents, they did not allow him to go home for a backpack. And we didn't have any backpack. We didn't prepare. We thought that we had a legal state – they would show a certificate, and the summons would be withdrawn. I ran home, in a minute with my mother-in-law, we scooped up all the food from the refrigerator and threw it into his departing car. So we said goodbye. First they were taken to the Patriot park near Moscow, then to the distribution center in Nizhny Novgorod, then by train to Belarus.
A week later, on October 19, the wife again came to the Izmailovsky military enlistment office with a certified certificate from her husband's work.
However, according to Yevgenia, the military commissar of the Izmailovsky district, Vladimir Kolesnikov, reacted to the paper briefly and with irony: "No, let him serve". He refused to take and consider the package of documents for postponement. The training unit cannot initiate a recall on its own without the request of the military commissar.
Yevgenia appealed to the interdistrict prosecutor's office, the higher Prosecutor's Office of the City of Moscow and the military garrison prosecutor's office.
All three supervisory authorities confirmed Anatoly Mironov's right to delay mobilization, recognized the actions of the military commissar as illegal and demanded that violations against the citizen be eliminated (that is, demobilized). However, the military commissar did not comply with the prosecutor's office's order. Soon he was fired (the reason is not known to "NEITHER"). A new military commissar, Ilya Tikhnonov, was appointed in his place, but he ignored the prosecutor's office's demand for Mironov's return home.
"During the audit, it was confirmed that Mironov A.M. is included in the centralized list of military service workers who are not subject to military service as part of partial mobilization, which was sent to the Central Bank of the Russian Federation on 29.09.2022 for further referral to the General Staff of the Armed Forces of the Russian Federation. <...> These circumstances indicate the need to restore the violated right of Mironov A.M. to delay from conscription for military service on mobilization. In this regard, the military commissar of the OVK of the Izmailovsky district of the VAO of Moscow on 10/26/2022 submitted a submission on the elimination of violations of federal legislation", - says the response of the acting First deputy interdistrict prosecutor of the Izmailovsky interdistrict Prosecutor's Office Yana Golubeva. The higher Prosecutor's Office of Moscow and the Moscow Military Garrison Prosecutor's Office issued similar representations – they demanded to recall Mironov from military service.
In addition, the Deputy Military Commissar of Moscow Maxim Loktev was informed about the need to execute acts of prosecutorial response, but there was no progress in the Mironov case.
At the same time, the deputy military commissar of Moscow, Colonel Maxim Loktev, spoke on the air of the Moscow 24 TV channel about how he personally controls the recall of "unreliable subpoenas".
"According to the identified cases of sending subpoenas on the basis of false data, notifications about the withdrawal of these subpoenas were sent out. This work is being carried out on a regular basis," he said on September 28 on the TV channel.
Evgenia suggests that the clumsiness of the bureaucratic machine contributes to the connivance of military enlistment offices in this case. In oral conversations, the military commissars confidently declare that they have done everything according to the law and have nothing to "present" to them. On September 29, the bank sent the booking lists to the Central Bank, which for some time carried out its own manipulations with them, after which it sent them to the General Staff of the Ministry of Defense, and the General Staff, in turn, had to promptly bring the information to the territorial authorities, but it did not work out. Who to blame? Unhurried paper document flow, "Russian Post" as the main communication tool - it is because of them that the commissars on the ground cannot do their job well, and it turns out that they really have nothing to show them - what they have on their hands, they base their decisions on. And the representations of the prosecutor's office, apparently, can not be executed with impunity.
On December 12, Yevgeny's wife, by proxy from her husband, appealed to the Izmailovsky District Court of Moscow with a demand to recognize the decision of the mobilization commission on her husband's conscription for military service illegal and cancel, oblige the military commissariat to recall him from the unit as a conscript by mistake.
It took the district court more than two weeks to issue a ruling on the return of the statement of claim to the plaintiff. In accordance with the explanations of the Izmailovsky District Court, Evgenia again filed her lawsuit with the 235 Garrison Military Court (Moscow). However, even there they unsubscribed the definition with a recommendation to apply to another place. Now the couple are waiting for the Moscow Garrison Court to set a date for the hearing (if they are lucky, this time they turned to the right address). This will probably not happen soon.
There is one surprising nuance in the judicial red tape of the Mironovs. Wife Evgenia, in Russian speaking, is being played football, they are dragging out precious time to eventually give birth to a verdict of "non-jurisdiction". The family spent a month searching for the right court, which should consider their case, because of the bearish tips of the judges.
At the same time, the 235th garrison military court, which also refused to consider the case due to lack of jurisdiction (!) by some miracle, casually, he still took some of the trouble on himself. Judge Svistunov held a meeting on the petition of Anatoly Mironov to take measures of preliminary protection. Interim measures would allow suspending the decision on Mironov's conscription for military service, at least until the court decision comes into force, whatever it may be.
"It is not seen that there is a clear danger of violation of rights, freedoms and legitimate interests, or the protection of his rights, freedoms and legitimate interests will be impossible or difficult without taking measures of preliminary protection", - Vitaly Svistunov, judge of the 235 garrison military court, writes in his decision.In his statement, the plaintiff, however, indicates that, in fact, the upcoming imminent departure to the combat zone is a serious obstacle to the protection of his rights, freedoms and interests.
But Judge Svistunov in his ruling does not evaluate this argument in any way...
In the last telephone conversation, Anatoly informed his wife Evgenia that from day to day they would be sent to the special operation zone, the equipment had already been mothballed. During the training, an ordinary soldier with the accounting specialty "gunner" was retrained for a "signalman".
- Let's say we even win the court. So what if time is lost? The military commissar will send the decision to the training unit, and the husband will no longer be there - he has left. They will send an unsubscribe that, they say, excuse me, and would like to bring your beloved home with all their might, but now we don't have him. And where it is – look for yourself, - says Evgenia. – So many thoughts in my head have been checked in three months. At first we thought it was mutual responsibility, everyone is tied up in our Izmailovsky district – military commissars, prosecutors, judges. Maybe it is, maybe it's not, maybe it's something else, we don't know. The husband says that he no longer believes in a miracle, does not believe in a return. He asks if I'm going to wait for him or not. He regrets that he went to the military enlistment office with this certificate, blames himself for being so naive. I make him promise that he will come back. And he replies that he can't promise that…The sister of the mobilized Elena Mironova on December 27 addressed a question about her brother to the direct line of the All-Russian Popular Front.
The lawyer of the ONF replied that the military commissar has no right to prevent demobilization, since the prosecutor's office has already issued such an order. The organization, for its part, plans to file an appeal on Anatoly Mironov addressed to Defense Minister Sergey Shoigu and to the Prosecutor General's Office.