Professions for alternative service in the Russian Army

Legal basis

The right to transfer to alternative service and agree on its conditions is established at the international level. In Russia, it is regulated by the state Constitution, this Federal Law, and regulations. Also, the legal basis can be considered the legislation of individual constituent entities of the Russian Federation, which is applied in part and does not contradict this Federal Law.

Based on the Constitution of the Russian Federation and in accordance with its provisions, the Federal Law “On Alternative Civil Service” was developed, which is currently in force. Date of signing by the President – ​​07/25/2002.

Also, the labor activity of citizens who have been granted permission to perform alternative service in an approved organization is regulated by the Labor Code of the Russian Federation.

Will the service become exclusively contractual?

There is talk about a complete transfer of the entire army to a contract basis. The Minister of Defense recently commented on all issues regarding the possibility of such a reform. He said that a complete transition to contracts in the coming years or even decades is not possible for sure, primarily for financial reasons.

If all those liable for military service become exclusively contract soldiers, then this will require hundreds of billions of rubles. Firstly, there is no such huge money in the Russian budget. Secondly, the allocated funds are spent on rearmament of troops and equipping them with new equipment.

Now you know all the latest news about service life in 2021. No changes are planned yet, but there is always the possibility of innovations in the event of emergency situations, for example, the threat of military conflicts.

Who is sent to AGS

Article 2 of the current Law “On Alternative Civil Service” identifies the following categories of citizens who can submit an application to the relevant authorities to change the conditions of conscription:

• Citizens who cannot perform military service due to personal or religious beliefs, but are ready to benefit society and the state through peaceful work. It is not so easy to provide objective evidence of the peculiarities of the worldview - belonging to a certain religion can be confirmed by fellow believers, and the protest against militarism is supported only by a personal explanation;
• Citizens belonging to one of the small peoples, indigenous populations of remote areas, leading a traditional way of life and earning a living from subsistence farming.

Basic conditions for providing access to the AGS:

1. Conscription age – from 18 to 27 years;
2. There are no contraindications to military service. If there are health problems, the young man automatically receives a military ID card for health reasons or a deferment;
3. Personal submission of an application to replace service in the Armed Forces of the Russian Federation with an alternative civilian service;
4. The corresponding permission from the draft commission, which is called “Decision to send to the ACS.” Issued after submitting an application and checking it against all criteria.

Refusal to replace military service with an alternative one, in accordance with the Federal Law “On Military Duty and Military Service”, is received by citizens who are exempt from conscription into the army, or who have documented the right to a deferment.

How to get

There are no clear rules in Russian legislation for replacing service in the RF Armed Forces with ACS.

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However, to get here you need the following:

• Meet requirements;
• at the time of call, write a corresponding statement;
• pass a medical examination and be declared fit for service;
• do not take deferments, and also do not be in reserve.

After considering the application, the military registration and enlistment office makes a decision whether to grant the application or reject it due to certain circumstances.

Deadline for passing the AGS

The period of military service established at the legislative level is 1 year. The passage of the AGS exceeds it by 1.7 times and is:

• In a civilian position with army units - one and a half years;
• In a civilian position in organizations not related to the Armed Forces of the Russian Federation - 21 months.

The period of alternative civil service begins on the same day that the military commissariat appoints as the day the citizen is sent to the point chosen for work. The date of completion of the ACS is considered to be the date specified in the employment contract with the employer. It usually coincides with the end of the period specified in the law.

Location of the AGS

Alternative service means that in the army a citizen can only hold civilian positions, but most often he is sent to loyal organizations that need additional workers. A citizen of military age is sent to alternative civil service individually or as a member of a formation. The service takes place in organizations that are part of the federal government or in a military unit, performing the duties of civilian personnel.

To undergo the ACS, the conscript is sent outside the territory of the country in which he lives most of the time. By special decision, the military commissariat can leave a citizen in the territory of his permanent place of residence and provide a place in the relevant organization of the subject of the Russian Federation.

If a young man is assigned to serve in another city, he is guaranteed to receive a place in a dormitory.

Representatives of small indigenous peoples of certain constituent entities of the Russian Federation undergo AGS in organizations that specialize in traditional farming and support folk crafts.

The full list of professions and positions available to ACS is determined by the Government of the Russian Federation. This list also lists the organizations themselves on the basis of which an alternative service can be organized. All of them have state status. When sending to a place, the main role is played by the citizen’s education, his qualifications, experience in various fields, state of physical and psychological health, and marital status.

The needs of different organizations for additional labor resources that do not interfere with the full-fledged work process are also taken into account. The most popular professions chosen by citizens at the AGS are green farm worker, turner, watchman, cleaner, orderly, livestock breeder, mechanic, and machinist.

Military service as a special type of public service

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Military service is one of the types of public service

Military service is a type of federal public service, which is the professional service activity of citizens in military positions in the Armed Forces of the Russian Federation, other troops, military (special) formations and bodies performing functions to ensure the defense and security of the state.

It is of high importance for the entire society. The following general principles of civil service in the Russian Federation apply to it:

— federalism, ensuring the unity of the public service system and compliance with the constitutional division of jurisdiction and powers between federal government bodies and government bodies of the constituent entities of the Russian Federation;

— legality;

— priority of human and civil rights and freedoms, their direct effect, the obligation to recognize, respect and protect them;

— equal access of citizens to public service;

— unity of the legal and organizational foundations of the civil service, presupposing the legislative consolidation of a unified approach to the organization of the civil service;

— relationship between public service and municipal service;

— openness of the civil service and its accessibility to public control, objective informing of the public about the activities of civil servants;

— professionalism and competence of civil servants;

— protection of civil servants from unlawful interference in their professional activities, both by government bodies and officials, and by individuals and legal entities.

An important feature of military service is the mandatory taking of the military oath by every citizen enlisted for the first time. After its acceptance, the serviceman acquires the full scope of his official rights and responsibilities. Violation of the military oath entails disciplinary or criminal liability.

For example, for unauthorized abandonment of a unit, a military serviceman may be held criminally liable, while other civil servants face a more lenient punishment for a similar violation. This indicates the special significance of military service.

Military service involves risk to the serviceman's life and responsibility for the lives of other people. It requires from military personnel not just diligence, as in other types of public service, but unquestioning obedience to the requirements of commanders (superiors) in any conditions.

For military personnel, special uniforms and insignia are established. In accordance with the law, they have the right to keep, carry, use and use weapons.

These and other features of military service determine the status of military personnel, place increased demands on them, and limit a number of their rights and freedoms. Due to the special nature of the duties assigned to the military, they are provided with benefits, guarantees and compensation.

Military service consists of the daily performance of specific military duties: participation in hostilities and performing tasks in armed conflicts, combat training and education, combat duty (combat service), garrison and internal service, being on a business trip, carrying out orders and orders of commanders (chiefs), providing assistance to internal affairs bodies to protect law and order, participation in the prevention and liquidation of consequences of natural disasters, accidents and catastrophes, etc.

The legal basis for military service is the Constitution of the Russian Federation, Federal Laws “On Military Duty and Military Service”, “On the Status of Military Personnel”, Decrees of the President of the Russian Federation, Decrees of the Government of Russia, orders of the Minister of Defense, other regulations and documents.

In accordance with the established organizational structure of the Armed Forces of the Russian Federation, other troops, military formations and bodies, as well as the system of their regular positions, the following forms of military service exist: military service of soldiers, sailors, sergeants and foremen; military service of warrant officers and midshipmen; military service of officers (see diagram).

Military service as warrant officers and midshipmen

The procedure for military service by warrant officers and midshipmen in the Armed Forces and other military formations is regulated by the Regulations on the procedure for military service, approved by Decree of the President of the Russian Federation No. 1237 of September 16, 1999.

Warrant officers and midshipmen perform military service only under a contract. This category of military personnel can be in military service until the age of 45, after which they are subject to transfer to the reserve. If warrant officers (midshipmen) have one of the military specialties according to a special list, then, if necessary and with their consent, their contract can be extended on the basis of existing legislation.

Persons aged 18 to 40 years are accepted for military service under contract as warrant officers and midshipmen, on a voluntary basis for a period of at least 5 years at the first conclusion of the contract. Subsequent contracts can be concluded for a period of 3, 5 or 10 years, as well as for a shorter period until the age limit for a person to remain in military service.

A serviceman who has reached the age limit for military service, in order to conclude a new contract, submits a report upon command to an official who has the right to make a decision on concluding a contract with the specified serviceman at least six months before the expiration of the current contract. In this case, a warrant officer or midshipman may be sent to undergo a military medical commission.

Its conclusion must be received by the official who has the right to make a decision on concluding a contract at least four months before the end of the military service of the specified serviceman.

If the relevant official decides to conclude a contract with a soldier who has reached the age limit for military service, and the duration of its validity, the specified contract is signed by the commander (chief) who has been granted this right.

Citizens entering military service as warrant officers and midshipmen are subject to certain requirements. First of all, they must undergo a medical examination.

In addition to fitness for medical reasons, a person entering military service must meet the requirements for general educational qualifications, level of professional training, moral and psychological qualities, and requirements for meeting physical fitness standards.

Persons recruited for military service as warrant officers or midshipmen are assigned the corresponding primary military ranks of warrant officer or midshipman. The next military rank of senior warrant officer (senior warrant officer) is assigned to warrant officers and midshipmen who are in positions subject to senior warrant officers (senior warrant officers) or officers and who have served in the previous military rank for three years. The assignment of warrant officers and midshipmen to the next military rank ahead of schedule, as well as one step higher than the military rank provided for the occupied regular position, but not higher than the military rank of senior warrant officer (senior midshipman), is carried out in accordance with Article 28 of the Disciplinary Charter of the RF Armed Forces. In this case, the next military rank of senior warrant officer or senior midshipman can be awarded ahead of schedule for special personal merits, if it is provided for in the staffing schedule.

While a serviceman is serving a sentence in the form of a restriction on military service or his arrest, he cannot be awarded another military rank.

The time spent serving a sentence in the form of restrictions on military service or arrest is not counted towards the period of military service.

Citizens in the reserves can be awarded the next military rank after they have completed military training and passed tests.

Warrant officers and midshipmen can be deprived of their military rank only by a court verdict for intentionally committing a crime. And reinstatement in rank is allowed only after their criminal record has been cleared or expunged.

The appointment of warrant officers and midshipmen to positions is made by order of the commander of the military unit. Warrant officers and midshipmen with higher or secondary specialized education may be appointed to vacant officer positions. In such cases, their appointment is made by orders of commanders and superiors who have the right to do so. However, upon the arrival of officers to these positions, warrant officers and midshipmen are again transferred to their previous positions.

Warrant officers and midshipmen are released from their military positions in the event of their appointment to a new military position, transfer, secondment, dismissal from military service, as well as in connection with other circumstances provided for by the legislation of the Russian Federation.

Military legislation establishes the procedure for moving warrant officers and midshipmen from one military unit to another, as well as to higher, equal and lower positions within the unit.

They are moved from one military unit to another on the following grounds: at their request after the expiration of the period for which they were accepted into service, if there are good reasons; for health reasons, if, according to the conclusion of the military medical commission, their performance of duties in their position in a given area is contraindicated; for family reasons, when members of the family of a warrant officer or midshipman, according to the conclusion of a military medical commission, are contraindicated from living at the place of his service; in connection with the implementation of organizational measures when there are no vacant positions at the place of duty corresponding to the specialty, level of training or existing work experience of a warrant officer or midshipman.

The transfer of warrant officers and midshipmen to equal positions is carried out when necessary, to higher ones - in the order of promotion.

They are transferred to lower positions: when staffing is reduced; for health reasons in accordance with the conclusion of the military medical commission; for official inconsistency; as a disciplinary sanction; by age or family circumstances.

Subsequently, persons transferred to lower positions, taking into account their moral and business qualities and state of health, can be appointed to the positions they previously occupied.

Warrant officers and midshipmen, if they are not suitable for the position they occupy due to health reasons or moral and business qualities, may be dismissed from military service by decision of the command. They can be transferred to a new place of military service from one military unit to another in the following cases: due to official necessity; in order of promotion; for health reasons in accordance with the conclusion of the military medical commission; for family reasons at personal request; at personal request; in connection with organizational and staffing events; in connection with a planned replacement; in connection with enrollment in a military educational institution; in connection with expulsion from a military educational institution; if a serviceman who has been sentenced to a restriction on military service, taking into account the nature of the crime committed, cannot be retained in a position related to the management of subordinates.

A serviceman performing military service under a contract may be transferred to a new place of military service due to official necessity with appointment to an equal military position.

His transfer to a new place of military service with appointment to an equal military position is carried out without his consent, with the exception of the following cases: if it is impossible to perform military service in the area where he is transferred, in accordance with the conclusion of the military medical commission; if it is impossible for members of his family to live in the area where he is being transferred, in accordance with the conclusion of the military medical commission; if there is a need for constant care for a father, mother, sibling, grandfather, grandmother or adoptive parent living separately, who are not fully supported by the state and who, in accordance with the conclusion of the state medical and social examination service body at their place of residence, need constant outside care (help, supervision).

If, when transferring a serviceman performing military service under a contract, the place of residence of his family changes to a new place of military service, and the wife (husband) of this serviceman is also undergoing military service under a contract, then simultaneously with the decision to transfer the serviceman to a new place of military service, it is decided the question of transferring his wife (husband) to this area.

If it is impossible to simultaneously appoint military spouses to military positions within the same locality (garrison) and in the event of refusal to dismiss one of them from military service, transfer to a new place of military service is not carried out.

In the event of a transfer to a new place of military service, a military serviceman is sent there after the transfer of his cases and release from his military post, but no later than a month from the date the military unit received an order or written notice of his transfer, except for cases when he is on vacation, a business trip or on treatment.

While serving an arrest, a convicted serviceman cannot be transferred to a new place of military service.

Military personnel undergoing military service under a contract in the Far North and equivalent areas, areas with unfavorable climatic or environmental conditions, as well as in military units located outside the Russian Federation are subject to planned replacement.

Replacement of military personnel undergoing military service in areas where the period of military service is established is carried out no later than the expiration of the period established for service in the listed areas.

They are not given the right to choose their place of further military service. By decision of the relevant official, a serviceman may be appointed to an equal or higher military position.

A serviceman undergoing military service in an area where the period of military service has been established may refuse a planned replacement and continue serving in the specified area. In this case, the additional period of military service must be established in agreement with him and be at least one year.

A serviceman, with his consent, may be transferred from an area where a shorter period of military service is established to an area where a longer period of military service is established.

Transfer of military personnel by way of planned replacement in an area where a different period of military service is established is carried out: to higher military positions - with their consent, to equal military positions - without their consent.

The specified transfer of military personnel is carried out no less than one year before the expiration of their military service (contract term), and also (without their consent) no less than three years before they reach the age limit for military service.

Without the consent of military personnel, their re-deployment to the area where the period of military service is established is not allowed earlier than three years.

An important element of military service for warrant officers and midshipmen is their dismissal from military service.

In accordance with the Federal Law, it is carried out on one of the following grounds: transfer to the reserve; resign; dismissal from military service if a serviceman is sentenced to a criminal offense.

In this case, military personnel are discharged upon expiration of their military service or early.

A serviceman is subject to dismissal from military service: upon reaching the age limit for military service; upon expiration of the contract for military service; for health; in connection with deprivation of military rank; in connection with the imposition of a sentence of imprisonment; in connection with expulsion from a military educational institution.

A serviceman performing military service under a contract may be early dismissed from military service: in connection with organizational and staffing measures; in connection with the transition to service in the internal affairs bodies of the Russian Federation; due to his failure to comply with the terms of the contract; in connection with the refusal of access to state secrets; in connection with the imposition of a suspended sentence of imprisonment; at your own request.

A serviceman performing military service under a contract has the right to early dismissal from military service: due to a violation of the terms of the contract in relation to the serviceman; for health; for family reasons; in connection with the exercise of powers of a member of the Federation Council of the Federal Assembly of the Russian Federation; in connection with his election as a deputy.

Early dismissal of warrant officers (midshipmen) in accordance with Article 67 of the Disciplinary Charter of the RF Armed Forces is carried out by the commander of the army, officials, his equals and superiors.

Officials who have the right to dismiss military personnel from military service may exercise this right only in relation to military personnel who are directly subordinate to them.

If a serviceman performing military service under a contract has several grounds for dismissal from military service, he is dismissed on the basis of his choice.

Guidelines

In the introductory part of the lesson, it is necessary to emphasize the importance of public service. At the same time, it is necessary to set out the position of the country’s leadership, which has recently been paying close attention to improving the state bodies of the Russian Federation.

When studying the first question, it is important to strengthen in the minds of students that military service is one of the types of public service and all the general principles of public service in the Russian Federation are applicable to it. At the same time, it has special specifics, which significantly distinguishes it from other types of public service.

When studying the second question, it is important to tell students about the peculiarities of their service as warrant officers and midshipmen in the Armed Forces of the Russian Federation and other military formations. In this case, special attention should be paid to the consideration of Federal Law No. 122 of August 22, 2004 “On Amendments to Legislative Acts of the Russian Federation and Revocation of Certain Legislative Acts of the Russian Federation in Connection with the Adoption of Federal Laws “On Amendments and Additions to the Federal Law” On the general principles of the organization of legislative (representative) and executive bodies of state power of the constituent entities of the Russian Federation" and "On the general principles of the organization of local self-government in the Russian Federation."

At the end of the lesson, you should answer questions from the students and give assignments to prepare for the seminar lesson on the topic studied.

Recommended reading:

1. Voronov D., Grishko A., Russkoe S. Military service as a special type of public service and the legal basis for its implementation in the Armed Forces // Orientir. - 1996 - No. 12.

2. Davydov D., Subbotin G. Military service and the procedure for its completion by soldiers (sailors), sergeants (foremen) of the Armed Forces of the Russian Federation // Orientir. - 2001 - No. 6.

3. Muginov R. Features of military service by warrant officers (midshipmen) // Orientir. - 2001 - No. 4.

4. Khasanov R. Ensigns (midshipmen) in the history of the Russian army (navy), their role in the Armed Forces of the Russian Federation // Orientir. — 2003 — No. 5.

Lieutenant Colonel Georgy Liginchuk Major of Justice Sergey Nikulochkin

“Landmark” 2005.02
Tags: UCP

Several main differences between AGS

Due to insufficient understanding of what alternative service in the Russian army means, a conscript may have difficulty submitting an application.

Differences between AGS and conscript service:

1. Signing an employment contract - in accordance with the Federal Law “On Alternative Civil Service”, consolidates the relationship between a citizen and an organization, legally protecting both parties from possible risks and endowing them with special rights, which corresponds to the basic provisions of the Labor Code of the Russian Federation. The employment contract covers the amount of wages and the procedure for its payment, the provision of vacations and sick leave, legal days off;
2. Payment of wages - occurs in accordance with the internal regulations of the organization to which the citizen is sent, corresponds to the position held;
3. Absenteeism does not count toward the ACS deadline and is a direct violation of a fixed-term employment contract and the internal regulations of the organization.

Advantages

Unlike conscription service, AGS has a number of positive aspects:

1. A stable salary is paid throughout the entire period of employment.
2. Employment is formalized, which gives the conscript additional work experience and insurance contributions.
3. The citizen receives full social benefits. package, which allows you to qualify for paid sick leave, as well as vacation.
4. A conscript undergoing alternative civilian service works 5 days a week, with 2 days off.

Compared to conscription, this alternative seems very tempting, but citizens with AGS, as a rule, are not accepted into law enforcement agencies.

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354 decree of the government of the Russian Federation with the latest changes. Find out further.

Alternative civilian service is a wonderful way to avoid conscription and then get a military ID. However, one should take into account the fact that not every applicant will be able to convince the draft commission of his religion or other beliefs that do not allow him to hold a weapon. In addition, the period for completing the ACS is significantly longer compared to regular emergency service.

Restrictions on the rights of citizens to AGS

A citizen who has received permission to replace the AGS service has specific restrictions on rights and actions prescribed in the Federal Law. He is strictly prohibited from:

• Moving up the career ladder, promotion and transition to management positions;
• Participation in strikes, rallies, spontaneous events aimed at discrediting the leadership of the organization;
• Combining service with contract work in another organization;
• Disobedience to discipline, refusal to comply with established procedures, to perform one’s official duties;
• Leaving the workplace without warning or consent from management.

The rights and responsibilities of a citizen are spelled out in the Labor Code of the Russian Federation, which he can turn to if he does not agree with the actions of the organization towards himself.

Punishment for evading the AGS

Citizens of the Russian Federation who have received permission to replace conscript service with an alternative one and have evaded government direction are subject to criminal liability. Punishment may be imposed as follows:

1. Fine – an amount of up to 85 thousand rubles or withholding of wages for 6 months;
2. Forced labor up to 480 hours;
3. Imprisonment for up to 6 months.

A conscript who tries to evade the orders of the commissariat still has a criminal record, so you should not treat the ACS as a complete exemption from service. A criminal record will affect a person’s entire future life and may become a reason for denial of promotion and the issuance of cash loans.

Submitting an application for AGS

In order for the application to be considered by the draft committee, it is necessary to comply with the current deadlines for submitting documents. At least 6 months before the start of your conscription, the collected document package is submitted for verification. The deadline for submission is limited, since after collecting applications it is necessary to make a forecast and highlight how many free places will be required from enterprises and how many they are ready to provide at the end of the call.

If a conscript's deferment ends later than the accepted deadline, he can notify the military registration and enlistment office within 10 days and submit an application for ADS later.

In his application, the citizen explains why he wants to know how to obtain permission for alternative service in the army, provides additional information in the form of characteristics from the place of study or work, autobiographical data, testimony of relatives and friends, which can provide the data necessary for a positive decision by the commission.

The draft commission may make a negative decision if it considers the arguments insufficiently convincing or false. The commission explains its decision to the citizen, analyzing his statement in detail and presenting arguments refuting it. The commission's decision can be appealed in court.

Why might deadlines increase?

Why are there rumors about a possible extension of military service? Over the past decade, they have arisen more than once, since several times State Duma deputies made proposals to extend the period of military service in the army.

The initiators of the changes explain their proposals by the fact that a year is not enough to fully train soldiers. During this period, conscripts do not have time to study military affairs. They are just learning the basics: they practice handling simple weapons and master minimal combat skills. According to some politicians, this is not enough to form an equipped, strong and highly qualified army.

Not everyone supports the initiative of Russian President Vladimir Putin and the military reform he is carrying out: the head of state has repeatedly emphasized that he intends to set a course for the formation of a qualified army consisting of well-trained and sufficiently experienced soldiers. And for this purpose, the emphasis is on contract service: in this case, young people make an informed choice, take military duties more responsibly and receive material rewards for their efforts. The practice of other states has proven the effectiveness of such measures.

Helpful information! In the foreseeable future, it is planned to achieve a ratio of contract soldiers and conscripts of 80:20, respectively. And in the future, the number of soldiers serving under contact will increase to 90 percent. But such tactics will not cancel military service.

The government led by Putin is confident that a one-year period is quite enough. During this period it is impossible to achieve high qualifications and get an experienced fighter: it is difficult and expensive. But in a year, young people will be able to show their talents, show themselves and make a deliberate decision to continue serving, but on a contract basis.