A call to the military registration and enlistment office is a strictly regulated procedure by law. Often, military registration and enlistment office employees violate it by summoning young people to conscription events with a telephone call, an incorrectly executed or incorrectly delivered summons.
In this publication, we will tell you how, according to the law, a call to the military registration and enlistment office should be carried out, how a summons for conscription activities should be issued and handed over, and in what cases a conscript has the right not to appear at the military registration and enlistment office.
The Federal Law “On Military Duty and Military Service” establishes that a citizen is obliged to appear at the military registration and enlistment office only on a summons that was handed to him personally and for which he personally signed. If a summons is handed over without the conscript’s signature or another person signs instead of the conscript, it is considered that such a summons was not served on the conscript.
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Legislative standards
The execution of subpoenas, the procedure for their delivery and responsibility for carrying out work to notify citizens in matters of military registration are regulated by the following legal acts:
- Federal Law 53 of 1998 “On military duty and military service.” According to Article 25, draft notices and summonses for the purpose of conducting a medical examination are issued during periods of army recruitment campaigns. Spring events take place from 01.04 to 15.07, autumn events - from 01.10 to 31.12.
- Order of the Minister of Defense No. 400 “On measures to implement the Decree of the Government of the Russian Federation of November 11, 2006 N 663,” in which Appendix No. 30 is devoted specifically to the form of the agenda.
- Government Decree No. 663, dated November 11, 2006.
Subpoenas that do not relate to the conscription campaign can be sent to a citizen liable for military service at any time of the year.
You can find out what a sample summons to the army looks like by downloading the form.
How does a regular recruitment campaign work: main points
According to current legislation, young people aged 18 to 27 years who have never previously served in military service are subject to conscription into the army. The service life is only 12 months; this temporary standard has been in effect since January 1, 2008.
Sent to serve:
- The one who was declared fit by the military medical commission. Of the existing 5 categories of suitability for military service, 2 of them - A and B - are awarded to conscripts without serious health problems;
- Who does not have the right to a deferment from the army prescribed by law - for studies, family circumstances, nuances related to work.
A potential conscript is given a summons to appear at the military registration and enlistment office to undergo a number of specific conscription activities. Among them are initial military registration, medical examination, clarification of data about the conscript, a meeting of the military commission, and direct transfer to a military unit for service.
It is the issue related to subpoenas, or more precisely to the mechanism for delivering them, that has recently caused disagreement, and in some places, indignation among the leaders of conscription campaigns. What is the essence of the problem?
Main characteristics
The unified form of the agenda is enshrined in law by the Ministry of Defense. According to the law, a paper version of the invitation is used for all official events held by the district military registration and enlistment office.
The size of the form does not matter, the information content is important. It must comply with accepted legal standards.
The document must contain the following information:
- personal data of the citizen in whose name the summons was issued (including place of registration or actual residence);
- exact time and place of appearance - full date and address of the commissariat;
- specific purpose of the visit;
- a list of documents required for the summoned citizen to present at the district military registration and enlistment office (depending on the purpose of the call, the list of papers is different).
The form is certified by the signature of an authorized official with a decoding of his full name and rank. The signature is sealed with the seal of the institution.
The form of the document requires the presence of a return receipt on which the addressee confirms with a personal signature the receipt of the document indicating the date of its delivery.
Important! If, after receiving a summons, a citizen loses it and does not remember the date of appearance, then it is realistic to obtain the necessary information by phone or come to the district commissariat to issue a copy.
Who brings the summons to the army
As a rule, these issues are dealt with by military registration and enlistment office employees or police officers. At the same time, every man who receives a summons must be aware of his rights. He has the right to refuse to accept a valid draft document if the authorized person refuses to present him with his identification documents.
Also, the military registration and enlistment office employee who deals with these issues does not have the right to require other persons other than the person to whom it is intended to sign the summons served. That is, it is the conscript who must sign, and not his mother, father, brother or neighbor.
The employee is obliged to introduce himself to the citizen, inform him about all the points specified in the document, and also do not forget to mention the deadlines for reporting to the military registration and enlistment office. Only after this the man is given a special document and his personal signature may be required in the documents confirming the receipt of such official notice.
Types of registration violations
What points can be considered a violation in the execution of the agenda? Such precedents are recorded in legislation and are expressed as follows:
World Conscript Day November 15
- The form incorrectly indicated the reason for attendance.
- The wording of the call to the military registration and enlistment office has a vague meaning.
- There is no purpose for the call at all.
- The validity of the call is questionable.
Having received a summons filled out with violations, you can ignore it, but lawyers still recommend appearing at the place of summons and clarifying the situation.
How a citizen should respond to a subpoena
Invitations sent by military institutions often cause concern among potential conscripts and persons liable for military service. Each person who receives the form understands that the notification will be followed by events related to military service. But don't panic and make decisions that have consequences. It's best not to ignore the official document.
If a citizen ignores the requirements established by law, then he is automatically transferred to the category of draft evaders from military service. There are penalties for this - administrative and criminal.
In a single case of failure to appear when called by the military registration and enlistment office, violators are fined 500 rubles. If a citizen systematically, without good reason, fails to appear when summoned to the military registration and enlistment office, criminal liability arises. The punishment in this case is up to 2 years in prison.
Not every failure to appear at the military registration and enlistment office has its consequences, since there are a number of valid reasons that allow a person to avoid consequences.
Such reasons include:
- illness or injury of the citizen at the time of the call;
- serious health condition of close relatives requiring care;
- participation in the funeral of relatives;
- the presence of obstacles arising as a result of force majeure or other circumstances beyond the control of the citizen.
What should be done to ensure that the military registration and enlistment office accepts the reasons for non-appearance as valid? The person liable for military service should provide the employee of the military institution with written confirmation of these cases.
In addition to the main reasons listed above, there are other situations that are recognized as valid by the district military commission or the court on an individual basis.
To clarify military registration documents
The autumn conscription starts on October 1 and continues until December 31. For residents of the North and here, the period is reduced and shifted to November 1.
Legislators had a proposal to raise the upper limit and raise it to 30 years. But for those who might be drafted in 2020, don't worry - it's just talk.
More complete information about the procedure and rules for admission to military universities can be found on the website of the Ministry of Defense. - I studied at the Polytechnic Institute and am assigned to work in the metro. Now I am being drafted into the army, but I brought a petition to my military registration and enlistment office to serve in the reserves. The draft commission told me that the petition was not a basis for sending me to the reserves.
According to the list of diseases, he is fit for military service. As an alternative to the army, we considered contract service in the police. It turned out that they could not take him due to health reasons. Is it true that there are such discrepancies? And why was he given a deferment during one of the campaigns, but now they say that he will be fit with restrictions? - There really are discrepancies in health requirements. Let us note that a summons to the army can be served at any time of the year, regardless of whether conscription is currently underway or not.
If you have received a summons to the army, we recommend organizing a full health examination to determine your suitability for service. If a conscript has diseases for which exemption from the army is issued, serving is prohibited by law, as this can lead to complications in the body’s condition.
The bill provides for the distribution of subpoenas by e-mail. In this regard, when registering for military service, you will need to indicate your electronic mailbox.
If a summons from the military registration and enlistment office was delivered to the place of residence, a signature becomes mandatory upon delivery of the document. The conscript may ignore a summons that was simply thrown into the box.
Upon arrival at the military registration and enlistment office, the conscript should give the staff a letter to mark his attendance. The marked note must remain in the hands of the conscript, since otherwise it will be quite difficult to prove that this person actually visited the military registration and enlistment office and is not a “draft dodger.”
There is also a lot of talk about the timing of the draft. There is information that the service time has been increased, and now it is one and a half years. It is not true. Military conscription continues to last 12 months.
If you receive a summons to the military registration and enlistment office, you should remember that this is an official state document, the purpose of which is to ensure that persons of military age appear at the military registration and enlistment office at their place of residence and pass through the military commissariat (military commissariat). By law, conscription of young people takes place at the age of 18.
First, you need to understand where exactly you are being called. The reason for the call is indicated on the document itself. If you are called for a medical examination, you need to prepare copies of documents that indicate your diagnoses.
If you want to serve peacefully, but don’t know if you have it, then you should read the article at the link.
When using any information and photographic materials in full or in part, a hyperlink to the Amitel Information Agency website is required.
Passing the draft board. Based on its results, a decision is made on conscription, on assignment to alternative service, on exemption from conscription, etc.
A summons to appear at a meeting of the draft commission. Often, the medical examination of a conscript is delayed for a long time, especially if the young man is sent for additional examinations.
Primary accounting. This means that the young man has reached the age of 16, and the military registration and enlistment office registers him. There is nothing terrible here; no one is drafted into the army until they are 18 years old.
A summons to appear at a meeting of the draft commission. Often, the medical examination of a conscript is delayed for a long time, especially if the young man is sent for additional examinations.
It is clear that sometimes it is useful to entrust the matter to professionals, but this approach still does not eliminate the need to be interested in your rights and learn to defend them if necessary.
Rules for receiving subpoenas
The invitation from the military registration and enlistment office must be handed over personally to the addressee. The citizen puts his signature on this receipt. If the summons was handed over to one of the family members or, in general, just a friend, then failure to appear on it will not entail liability.
Also, the invitation paper that arrived by mail or was simply thrown into the mailbox does not oblige you to anything.
When receiving a subpoena, it is worth clarifying the powers of the person who is serving it.
Who can give
Based on the law, the following competent persons can serve a document:
- law enforcement officers;
- responsible employees of an educational institution or enterprise for maintaining military records;
- local government employees.
Other persons are not authorized to serve a summons, much less demand that the citizen sign it. Therefore, when receiving a subpoena, it is worth clarifying the authority of the person providing it.
How many days in advance is a summons served?
The law does not establish strict requirements that limit the period from the date of service of the summons to the date of appearance for dispatch to the place of military service. At the same time, there is a general recommendation according to which a summons from the military registration and enlistment office is usually served no later than 3 days before the date of appearance. In practice, military commissariats try to comply with this rule, although the opposite happens.
Read more: how to appeal the decision of the draft board?
clause 7 of the Regulations on the conscription of citizens of the Russian Federation for military service. Subpoenas are served to conscripts against signature by employees of military commissariats of municipalities (local government bodies of settlements and local governments of urban districts in territories where there are no military commissariats of municipalities) or at the place of work (study) conscripts by managers and other officials (employees) of organizations, as a rule, no later than 3 days before the date specified in the agenda.
