The Leningrad Regional Court confirmed the illegality of the conscription of Gatchina resident Pavel Mushumansky, who applied for the right to alternative civil service (AGS) after the announced partial mobilization in Russia, as illegal. This decision is a precedent in Russian judicial practice, informed human rights project “Military Ombudsman”.
In autumn 2022, Kommersant writing that in 2019 the man was drafted into the army, but due to his religious beliefs – he is an evangelical Christian – he asked the editorial board to pass the ACS. As a result, Mushumansky was sent to work in a psycho-neurological boarding school.
After the start of partial mobilization, he was drafted into the ranks of the armed forces and sent to a military unit. Then Mushumansky appealed to the court, which suspended the decision on his mobilization until the case was considered on the merits and in fact ordered the leadership of the military unit to send the plaintiff home to participate in the trial .
At the end of November 2022, the man successfully challenged the legality of his conscription in the Gatchina city court, however, the military commissariat appealed the court’s decision, citing the absence of the right to ACS during mobilization in the law. However, on March 16, the Leningrad Regional Court rejected the appeal, confirming the illegality of Mushumansky’s conscription for military service.
“The decision of the Gatchina Municipal Court remained unchanged, the complaint was not satisfied. The formalities related to his dismissal remain to be settled, but there is no reason to maintain him in the unit”, a- he added. said publication “Fontanka” Mushumansky’s lawyer Alexander Peredruk.
On September 21, President Vladimir Putin announced the start of a partial mobilization in Russia, supporting the corresponding proposal of the Ministry of Defense and the General Staff.
On October 31, the Russian Ministry of Defense announced the cessation of all mobilization-related activities, including issuing summonses. The ministry explained that military registration and enlistment offices will only accept volunteers and applicants for contract service.
At the same time, Putin did not sign a separate decree on the completion of partial mobilization. According to Peskov, the president consulted with lawyers, on the basis of which it was decided that such a decree was not necessary.
In January 2023, Peskov said the mobilization decree not only provided for conscription, but “other measures”, so the document continues to work. What kind of events, Peskov refused to specify.
At the same time, Artur Gaiduk, deputy of the Pskov regional assembly from the Yabloko party published on social networks, the response of the Ministry of Defense to its request for assistance in issuing a law on the completion of mobilization, which stipulates that mobilized Russians will lose social guarantees and additional allowances if the decree presidential election on partial mobilization expires before the end of the military operation.
