Posted 2 августа 2023,, 13:59

Published 2 августа 2023,, 13:59

Modified 3 августа 2023,, 07:45

Updated 3 августа 2023,, 07:45

The military enlistment office is always right: the court recognized the mobilization of a citizen with armor as legitimate

The military enlistment office is always right: the court recognized the mobilization of a citizen with armor as legitimate

2 августа 2023, 13:59
An employee of Surgutneftegaz went to court after he was called up for mobilization, although his company requested a reservation for him. The court pointed out that even if a citizen has a reservation, the final decision — whether to call or not — remains with the military enlistment offices. Is the reservation a fiction?

Reservation or not reservation?

The employee of Surgutneftegaz was called up for mobilization, although he was included in the list of employees for whom a reservation was requested, the portal «» writes.

The court confirmed that if a citizen has a confirmed reservation, he has a chance not to get under the gun:

«Reserved citizens who are in reserve are enrolled in a special military registration and are exempt from conscription for military service on mobilization and in wartime for the duration of the granted deferral,» the court confirmed.

However, Surgutneftegaz started to issue documents late, and although the oilman was included in the list of employees for whom a reservation was requested, they did not have time to issue it in time before his mobilization. Head of the law firm «Korolev and Partners» Dmitry Korolev explained the situation in this way:

«An employee of Surgutneftegaz was mobilized on October 11, 2022. Partial mobilization began on September 21, 2022. Surgutneftegaz made a reservation after October 11, 2022. Thus, even if Surgutneftegaz issued the reservation lists correctly, the organization's employees do not have the right to make a reservation, which the court informed the plaintiff about.»

Dmitry Korolev told Novye Izvestia that at that time no organization was able to issue reservation lists because no one knew how to do it. That's when the military enlistment offices secretly took away all those who received summonses.

«In this case, the reservation was made not for a civilian in reserve, but for a mobilized one,» the lawyer says. — «Then the court said that the reservation was given at the discretion of the military enlistment office. If the military enlistment office decides that a citizen falls under the reservation, he will receive it.»

But what kind of military enlistment office will say that a mobilized citizen will receive a reprieve if he has a plan that needs to be implemented? The correct answer is no. Moreover, the military enlistment offices of the Leningrad region generally imposed a moratorium on the registration of armor after the announcement of mobilization, <url> reported.

How to make a reservation

The way to get an armor for employees is long and thorny: first, the company must collect military registration documents from employees, then certify the notification forms, then collect all the information and hand them over to the military enlistment office. The military enlistment office reviews the list and then issues certificates of deferral to those to whom it has recognized the deferral.

«The organization goes to the Board, provides a list of reservations for its employees. Each employee receives a special certificate,» Dmitry Kiselyov confirms.

But in September–October 2022, the situation was widespread. The person was mobilized, he goes to court, and the courts refuse such plaintiffs, the lawyer says.

Health reservations

There are a lot of questions about the postponement of health, says Dmitry Kiselyov. According to the law, there are only two categories according to which a citizen subject to mobilization cannot be called up for military service: category G (temporarily unfit for service) and category D (unfit for service). All other categories — whether A, B or C — are suitable for mobilization, the law says.

Category B applies only to conscripts. If the medical commission establishes category B: this means that the conscript is not fit for military service in peacetime. However, partial mobilization, announced by presidential Decree, continues to operate in the country. Only those who have received category D are considered unfit for military service. Everyone else can be called up.

«Category B does not exempt you from service, but gives you the right to submit a report to the commander of the unit with a request to determine you for military service, taking into account your state of health,» explains Dmitry Kiselyov.

As a rule, 10-15% of the mobilized are sent to the front line. There is also a rear service, there are headquarters.

One of Dmitry's clients was mobilized with category B. He was sent to the front line. In the trenches, life is not honey. It rained or other bad weather — and the guy started having a chronic runny nose. He was transferred from the front line and back to the rear for a long time. After writing the report, he was finally assigned to serve in the rear.

The military enlistment office has the last word

In the KhMAO, the Court of Appeal issued a ruling according to which any citizen, regardless of armor, can be mobilized:

«According to paragraph 5 of the General Section of these Methodological Recommendations, booking is not an absolute basis for granting a postponement, since military commissariats have the right to attract reserved citizens to carry out their mobilization activities.»

The fate of the mobilized lies in the wrong hands — the male population of the country should be ready for this. As lawyers say, the citizen himself cannot get a reservation. It can only be requested by the HR department at the place of work. And only the military commissar can receive or refuse a postponement. And you also need to remember — if a citizen leaves a job that provided him with a reservation, it is immediately canceled. Before you change your place of work, find out if your new employer will ask for a reservation for you. Otherwise, you can very quickly find yourself in the steppes of Ukraine, whether you want it or not.