Posted 24 января 13:57

Published 24 января 13:57

Modified 24 января 16:33

Updated 24 января 16:33

A new wave of partial mobilization: how should the draft notice to the army look like

24 января 2023, 13:57
The media actively began to publish data that military enlistment offices continue to issue draft notices. Is it legal? The experts of the company "Invokanet" decided to explain: what the draft notice looks like, who can hand it over, how to get it correctly, and what responsibility threatens for failure to appear on the draft notice to the military enlistment office.

Leonid Zlotnikov 

Citizens of draft age receive draft notices from the draft board on the eve of each call. Last year, a special situation developed: on September 21, 2022, mobilization draft notices began to be sent to citizens. In this article, we will consider in detail such issues as what the agenda is for, what it is, who can deliver it and who has the right to receive the agenda instead of the addressee. According to the statement of the Moscow Mayor's Office dated October 17 last year, the task of the Ministry of Defense to partially mobilize the capital was successfully completed. This means that on the same day, starting at 14:00, all the draft notices sent to Muscovites were canceled. Accordingly, there is no need to go anywhere now.

The draft notice – what is it?

A draft notice is a document that serves to call up citizens to the military enlistment office.

Subpoenas are taken into account and registered. A special book is designed for this.

Who issues draft notices?

This issue is regulated by Article 31 of Federal Law No. 53 – a draft notice may be issued:

 

- an employee of the military enlistment office;

- the police;

- the responsible person of the municipality (if there is no military enlistment office on its territory);

- an official of the enterprise or organization in which the conscript works;

- the educational institution where the conscript studies.

This means that the only way provided by law to call up a citizen to the military enlistment office is a draft notice personally received and signed by him. If this rule has been violated, then, according to experts, it loses its legal force.

What does the draft notice look like?

The main part of the agenda (located above the cut line) contains the time of the visit to the military enlistment office, its address, the reason for the call, as well as the stamp of the institution and the signature of the military commissar.

 

There are only five reasons for calling the military commissariat:

- to undergo a medical examination or activities related to it;

- to clarify the documents of military registration;

- to pass the draft commission;

- to pass the draft commission of the subject of the Russian Federation;

- to be sent to the place of military service.

However, in the autumn of last year, this list was supplemented with another item – for the passage of conscription measures for mobilization.It is noteworthy that the legislation does not provide for any division into a "standard" agenda for the passage of conscription measures from the military enlistment office and an agenda for obtaining a mobilization order.

Accordingly, the responsibility for non-appearance in both cases will be the same.

The detachable part, located below the cut line, contains information about the date of informing the conscript about the need to visit the military enlistment office. This information is certified by the signatures of a citizen and an employee of the commissariat.

Receiving subpoenas

It should be emphasized that the draft notice is officially handed over only after the person to whom it is addressed has signed it.

Since the duties of military registration are the personal responsibility of a citizen, then only he has the right to sign the agenda. No one else has the legal authority to do this.

Article 31 of Law No. 53-FZ clearly states that citizens subject to conscription for military service must receive a draft notice from the military enlistment office for signature and nothing else.Accordingly, a draft notice sent by mail, through Public Services, as well as transmitted through relatives or third parties, and even more so left in the mailbox, is invalid.

 

When receiving a draft notice from an authorized person, carefully study its contents. First of all, make sure that the date of appearance is not set retroactively, since in this case you may be accused of non-appearance (you will have to try very hard to prove that the non-appearance is fictitious). After that, make sure that the valid reason for the call to the military enlistment office is indicated. If the information is correct, then sign for receiving the draft notice – this is the duty of the conscript provided for by law.

 Responsibility for non-attendance

Responsibility for failure to appear at the military enlistment office on the agenda is prescribed in Article 21.5 of the Administrative Code of the Russian Federation.

 

If a citizen fails to appear at the military enlistment office on a draft notice, he faces a warning or a fine in the amount of 500 – 3000 rubles.

This is by no means all. Article 328 of the Criminal Code of the Russian Federation provides for a number of liability measures for those persons who repeatedly failed to appear at the military enlistment office on signed draft notice. Among them:

- fine (up to 200 thousand rubles);

- a fine in the amount of the convicted person's salary or other income for a period of up to eighteen months;

- forced labor (up to 2 years);

- arrest (up to six months);

- imprisonment (up to 2 years).

If a conscript once ignored the draft notice to be sent to the place of military service, then he can also be brought to criminal responsibility.

Legal advice

Recommendations of lawyers when receiving draft notices:

 

Please note that the draft notice is served on weekdays (legal requirement). At the same time, "weekday time" may also mean the time that will come just a few hours after the delivery of the draft notice. At the same time, it is important that it specifies reasonable terms of appearance, which do not limit the right of a citizen to appeal an illegal decision, for example, in court. It is also worth remembering that in the Regulations on Conscription, it is recommended to issue draft notice at least 3 days before the deadline for appearance at the military commissariat.

Before signing for the receipt of the draft notice, make sure that the information in its main part fully corresponds to the data contained in the tear-off.

If a responsible person hands you a draft notice, in no case refuse to sign it (taking into account the first 2 points) and accept it. Otherwise, an act of refusal to sign the draft notice may be drawn up against you, which may subsequently be qualified as the presence of intent to evade conscription. As a result, you may be prosecuted under Article 328 of the Criminal Code of the Russian Federation.

Current questions and answers:

What are the consequences for non-attendance?

Failure to appear on a signed draft notice may entail a fine of 500 – 3000 rubles, or criminal liability (in case of repeated failure to appear at the military enlistment office or failure to appear on the draft notice to be sent).

 

When is the draft notice officially handed over?

To do this, two conditions must be met:

  1. The citizen received it under the signature personally in his hands.
  2. It was handed over by an employee of the military enlistment office, the police, or a person responsible for military registration at the place of study or work of a citizen.

Who can receive a draft notice?

Any citizen who is on military registration.

If there are grounds for postponement, they must be presented to the draft commission directly at the military enlistment office.

What are the actions of the employer when mobilizing an employee?

First of all, he cannot terminate an employment contract or a service contract with an employee called up for military service on mobilization. Instead, when an employee provides a copy of the draft notice, the employer must suspend the validity of his contract and pay the salary for the entire period of work.

On the day the employee leaves for work, the contract must be renewed. The employee is obliged to notify the employer of this at least 3 days in advance.

Who can not appear after getting the draft notice?

All persons who have received a draft notice are required to appear at the military enlistment office.

If there are grounds for postponement, they must be provided to the draft commission of the military enlistment office.

How do I find out if I am on the mobilization list?

This information is classified.

It is not possible to access it. More detailed information can be obtained on the official website of the Ministry of Defense of the Russian Federation.