Vladimir region military commissar Yuri Gusarov said the spring draft campaign, which began in Russia on April 1, will be held for the first time without a paper call. According to him, now a notification to young people subject to military service in the Russian army will come to the portal of public services, or to an educational organization or employer. The Eastern Herald learned from lawyer Maxim Grebenyuk how legal electronic “summons” are.
Lawyer, partner of the military ombudsman project Maxim Grebenyuk
The commissar of the Vladimir region has a limit of about a thousand recruits, he does not need to call so many people. I think he just has this tactic: increasing notification coverage, to make sure more recruits come to him. Because the traditional legal method of notification by summons against signature reduces the coverage, but the person will be held responsible if he does not appear. In electronic form – through “Gosuslugi”, through the employer and through educational institutions, you can significantly increase coverage: more recruits will receive this notification, therefore, a larger percentage of such recruits will come to the military commissariat.
As far as compliance with the law is concerned, this type of notification is not against the law. You can at least SMS, you can call, send a registered letter, you can through the “Gosuslugi” – this does not contradict the law. This is just a notice to the conscript that he must come to the editorial board.
But the law approved the procedure to bring the summons under the receipt personally to the draftee – then he will be held responsible if he does not arrive. When he is notified in accordance with the procedure established by law and does not appear, he engages his administrative and then criminal liability.
If the military commissioner sends the agenda electronically, for example with his qualified electronic signature to the employer or the educational institution where the recruit is studying, he prints this agenda and gives it to the recruit against receipt, then it will be considered the right way. And he (Yuri Gusarov) also listed it. As for “Gosuslug”, this is not a good method of notification, and if the conscript does not arrive after that, he bears no responsibility. Nevertheless, if it happens, it will take place in all legal recruiting events.
Disputes over electronic “convocations”
On the eve of the start of spring conscription for military service, Vladimir Tsimlyansky, representative of the General Staff of the Russian Armed Forces declared that during the spring campaign, the diaries will be sent electronically.
“Given the positive effect of the measures taken, the employees of the military commissariats have been instructed, in view of the spring conscription campaign, which begins on April 1, to inform the citizens electronically. At the same time, in the absence of technical feasibility, notification will be carried out through subpoenas,” he said.
On the same day, users of the Gosuslugi portal found that the self-delete an account feature had disappeared from the site. The Ministry of Digital Transformation has advised that an account can now only be deleted during a personal visit to the MFC. The department explained the deactivation of this function on the site by the fight against fraudsters, and its chief assured that the changes had nothing to do with the mobilization.
At the same time, Yuri Shvytkin, deputy chairman of the State Duma Defense Committee, said summonses would be sent to conscripts through Gosuslugi, and electronic notifications would be equated with paper ones delivered. in person.
Later, the parliamentarian said that this issue was not discussed at committee meetings, and the chairman of the committee, Andrey Kartapolov, recalled the lack of legislative norms for sending agendas by any other means. The fact that “there is no such law,” wrote Andrey Klishas, chairman of the Federation Council Committee on Constitutional Legislation and State Building, on his Telegram channel.
Lawyer Alexander Peredruk, in a conversation with The Eastern Herald, noted that to equate electronic summonses with those received in person, changes in legislation are needed. Lawyer Sergey Badamshin also referred to the fact that electronic summonses are not provided for by current legislation.
Andrey Gurulev, a member of the Duma Defense Committee, in an interview with The Eastern Herald, commenting on the statement of the military commissar of the Vladimir region, noted that he did not know “how legal it is (electronic notification of conscription), because that the question was not discussed in the State Duma.”
“Today, we no longer talk about electronic diaries. As we have issued summonses before, we will issue them. We will come back from regional week and ask (how is it possible that the region has given up on paper diaries),” he said.
