The State Duma adopted in the third reading amendments to the law on military duty and military service. They legitimize electronic subpoenas and receiving subpoenas by certified mail. An electronic summons is deemed delivered at the time of its receipt in the personal account of a citizen in the services of the State. Now, for not reporting to the military enlistment office for 20 days, Russians face a wide range of restrictions on their rights. In addition, after receiving the summons, the citizen loses the right to travel abroad from Russia. Vadim Bagaturia, associate at the bar of Freitak and Sons, spoke to The Eastern Herald about the amendments to the Military Service Law and how they will affect spring conscription.
How to Evaluate the Passed Amendments to the Military Duty Law
The passage of the current amendments, of course, makes life difficult for all conscripts and those in the reserve. It should be noted that these are not only men, but also women in compulsory military service, for example nurses and doctors. But if the state has taken the path of restoring order in the field of military conscription, this can only be welcomed.
I am sure that such an approach will avoid the mistakes that were made by the military enlistment offices during the mobilization period of 2022, when people with medical contraindications, fathers of many children, as well that other people who had conscription deferrals were subject to conscription.
Kirill Kukhmar / TASS
As for the restrictive measures, which are mentioned in the bill, and which will be imposed on those who evade appearance at the military registration and enlistment office, it is certainly bad for the citizens.
But for the state and its defense capability, it’s probably good. Such a measure will contribute to reducing the level of corruption in the offices of registration and military enlistment, because any citizen having an account in the services of the State and having received an electronic summons will be obliged to present themselves there without ” but “.
We live in the 21st century, and in general, probably, if you think from the point of view of the state, electronic organizers are a huge saving. Because it is only this spring conscription that we plan to send 147,000 recruits to the army. To send 147,000 subpoenas to be distributed by the employees of the military enlistment offices, requires really large funds. Unlike state services, in which such fan submissions can be made simply by pressing a key on the keyboard.
If we are talking about citizens, it should be remembered that sending a summons and even receiving it is nothing more than a potential administrative offense. Because the man who did not report to the military enlistment office on this, de facto did not escape military service. But if he went to the military registration and enlistment office, underwent a medical examination and received a reference to a specific branch of the military as part of the mobilization, this would already constitute a criminal offense.
How constitutional is this bill?
With the introduction of the electronic summoning mechanism, each of the serving-age men falls into a trap. Because utilities are a service that is used across our country, and you will not receive most utilities other than through your account on this site. Therefore, the feature will be built in such a way that you will always be to blame.
The introduction of a foreign travel ban is nothing more than an abuse of rights by the state. Because the restriction of freedom of movement is only possible on the basis of a court decision. It is stated in our Constitution.
Unfortunately, our Constitutional Court intervenes in the application of laws only on the basis of already established legal practices. A certain critical mass of court cases should accumulate, in which citizens will receive, so to speak, not quite correct decisions.
After that, years later, one of the lawyers of these citizens will seize the Constitutional Court, and it is he who will be lucky. His complaint will be taken into consideration, and it will become the reason for a decision that can change the practice itself.
Alas, we live in a state where human rights are not the most important value in the legal paradigm. So the only thing left to do here is to be patient.
Will electronic invitations improve the recruitment process?
I would like to make an important point. Being a citizen, including our country, is not only a right, but also an obligation. And military service is one of them, along with paying taxes, rules of conduct in society and respect for the law.
If the state set out to optimize the recruitment process, it would probably make more sense to advertise a short-term fee that could last, say, one month every six months. To make it convenient for students and working men.
An example here is Switzerland, which uses a similar system and in which conscription is a sacred duty, without which no Swiss man can succeed in life. Because if you haven’t served, you can’t hold certain positions, move up the career ladder.
To be honest, at 42, I would even gladly pay extra if the Ministry of Defense now invited me to military training camps for two or three weeks, during which I would be taught martial arts. For the state as a whole, it would also be useful, because in this way qualified personnel would be born.
What should conscripts and mobilized soldiers expect from now on?
Kirill Kukhmar / TASS
Within the framework of our legislation, sending conscripts to the scene of hostilities (including special operations) is unacceptable. Therefore, neither conscripts nor their relatives should be afraid of being drafted.
But I note that it is particularly important to read everything that the conscript is required to sign in the army. Because young people, inexperienced in life, who fall into a clearly structured system with a hierarchy from boss to subordinate, can easily do it. And then it turns out that this is a contract or consent to be sent to the place of hostilities.
Therefore, my advice as a lawyer to all conscripts, before you sign anything, you should read it carefully. And if the contents of this document raise questions, then, of course, use the right provided by the Constitution to receive qualified legal assistance. There is no need to be ashamed of it. You won’t become a black sheep in the army because of this, but maybe you will somehow steer your destiny in the right direction.
As for the mobilization and promises of deputies of the State Duma, made in connection with the adoption of the aforementioned law, that there will be no next wave, I think this is a legally incorrect wording. Because the questions of mobilization are not dealt with by the deputies, but by the president of the country.
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