Detain for clarification: army commanders and commandants have received new powers

Yelena Petrova, Natalia Seibil

The new order, signed by Defense Minister Sergei Shoigu, is published on the official website of the Ministry of Justice. And it expands the powers of military commanders in relation to military personnel.

Commanders of military units, chiefs of staff, officers of the «first» department protecting state secrets — all of them can draw up protocols on administrative violations and make administrative arrests of military personnel. Lawyer Igor Trunov believes that this measure meets the spirit of the times:

— The Ministry of Defense is the executive body of state power that conducts state policy in the field of defense. There is a presidential decree of 2004 that the Minister of Defense has the right to issue orders, directives, and so on. On the basis of the Administrative Code, the Minister of Defense is a federal executive authority and has the right to determine the list of officials who have the right to draw up protocols, detain, use special means against objects of the armed forces of the Russian Federation.

Why do we need a new order

However, enhanced control measures apply only to the military.

— Commandants at airports — this applies to military personnel. Until a person has taken the oath, he is not a serviceman. It does not belong to the objects of the armed forces, so just a civilian will be arrested by the police. Let's say there is a call. A person evades the call. He cannot be arrested by military commandants. He is arrested by the police. And then he has an alternative — or you go to the military enlistment office, and there you go through a certain procedure, in accordance with which you become a serviceman, and this whole military history begins to spread to you, » Igor Trunov explains.

The order does not change the status quo: while in Russia has not imposed martial law, the Minister of Defense can regulate only the list that concerns defense. The head of the military department has no right to interfere in civil affairs — this is how lawyers understand the situation.

For the servicemen themselves, the changes are obvious.

— This order will expand the range of persons who will be able to apply administrative measures of influence, taking into account the situation that we have today. In quiet times, such a spectrum is not really needed, and given the conditions, there is a certain sense in this, at least that's how the Defense Minister sees it. This is not a tool of fright, but a tool of law enforcement, first of all. I don't think that potential violators are so literate that they read this order and are familiar with administrative legislation.

Nevertheless, in the army, officers needed more authority to increase the manageability of units. Apparently, discipline in units requires other measures of influence on the fighters, and the rights of commanders are thus expanded. Are the new measures related to the fact that not 18-year-old yesterday's schoolchildren came to the army, but quite mature people, and the authority of commanders should be increased in this way?

The new order concerns the restoration of order both inside and outside military units.

The same administrative rights are now granted to the commandants of ports, airports, and railway stations. They can detain military personnel for up to 48 hours. After that, the court decides whether to leave the perpetrators for 10 — 15 days or release them.

Laws in the service of the army

However, the new order is by no means the only legal document adopted a year after the start of partial mobilization and a year and a half of its.

Recall that:

— The draft age has been increased by another three years. Contrary to the promises of legislators that conscripts will not be taken from the age of 18, this provision of the law has remained. However, the conscription contingent was expanded to 30 years. For one conscription, from 120 to 150 thousand men are taken into the army, theoretically, the military can count on an additional 750 thousand bayonets.

— The maximum age of the stock has been increased by 5 years. Even 70-year-old senior officers can go to war.

— From October 1, 2023, fines for non-attendance at the military enlistment office will increase 10 times. Now those who want to get away from the army and get caught, pay 30 thousand rubles instead of 3 thousand.

— Although electronic summonses are postponed, no one has canceled them. Paper summonses will be served as usual.

— Employers are also responsible for mobilization, if they help employees to «cut off» from the army. What exactly is meant is not very clear. Enterprises are already actively recruiting for the army in the workplace and very carefully draw up and submit lists with deferrals to military enlistment offices. However, for «forgetfulness» they face a fine of up to half a million rubles.

At this stage, lawmaking in the Duma cannot be considered completed in any case. Criminal liability for evading mobilization up to 5 years in prison is on the way, which they promise to accept at the autumn session.