The State Duma adopted the draft law on electronic organizers in the second and third readings. After the signature of the document by the president, the agenda will be deemed delivered after having been sent by registered mail or posted on the services of the State, and restrictive measures will appear in the event of non-appearance. What does the adoption of the bill mean, The Eastern Herald discussed with the lawyer of the St. Petersburg Chamber of Lawyers Alexander Peredruk.
About how to serve subpoenas
The main innovation of the legislation, according to Alexander Peredruk, is that now military registration and enlistment offices will be able to deliver summonses not only in person against signature, but also send them electronically, for example, by registered mail or through the portal Gosuslugi or through a special register of military archives” – the document also provides for the creation of such an electronic database.
As Peredruk pointed out, there will now be multiple ways to serve subpoenas, at least three:
the classic way to receive it is in person, including at the place of study or at the workplace; by registered mail with acknowledgment of receipt to the address of the place of residence or the place of stay. This summons is deemed to have been served on the day of receipt of the registered letter or delivery of the registered letter; an electronic form in which the summons will be sent either using a personal account on the “State Services”, or displayed in the citizen’s personal account in the so-called register of summonses, the creation of which is proposed.
Deleting an account on state services will not matter in the case of the distribution of subpoenas, Peredruk added, since the register of subpoenas will be created. The Russians will not be able to refuse to serve the summons. If a citizen refuses to accept a registered letter, the summons will always be considered served.
“The legislator proposes to summarize the fact of serving the summons, even if it cannot be considered served in any way, for example, the letter has gone, but has not been received by the citizen for some reason something else happened – despite this, if the citation in electronic form was posted and there is no way to consider it issued, anyway, within seven days from the date of entry in this register of subpoenas, the citizen will be considered notified.This is in fact such a “presumption to serve the summons”, explained Peredruk.
About self-appearance at the military registration and enlistment office
Dmitry Lebedev / Kommersant
Another innovation in the legislation is the need to independently report to the military commissariat if a person has no grounds for deferment or exemption from military service and for some reason the summons has not arrived on the last call.
“For example, a student graduated and did not receive an invitation for the next call. He has no grounds for release or further deferment. In this case, he is obliged to present himself to the military commissariat, where a summons can be given to him. He is obliged to do this within the first 14 days of the next project, that is, he actually has to monitor this situation himself,” Peredruk explained.
The lawyer did not exclude that the bill could apply not only to conscripts, but also to those who are registered and in the reserve.
“It depends on the particular circumstances. For example, the obligation to appear without warning (during mobilization) obviously cannot exist, it is another system. But in the case of restrictions, for example a travel ban, I do not rule out a broad interpretation in this part, including for citizens who are subject to conscription for military service for mobilization,” he said. he explains.
About restrictive measures for fraudsters
The law also provides for restrictive measures in the event of non-registration on the agenda within the time allowed. If the citizen who received the notification does not report to the military registration and enlistment office without cause within 20 days, the military commissioner may decide on the appointment of “provisional measures to ensure attendance at the agenda”.
These measures include:
prohibition of registration as an individual entrepreneur or self-employed person, suspension of state registration of real estate, restriction of driving vehicles, refusal to conclude loan agreements and loan agreements.
Similar measures, according to the lawyer, can today be applied to debtors.
“These measures can be applied if a person has received a summons, is not listed and 20 days have passed. They will be automatically trained in an information base and automatically applied. These restrictions will be lifted the next day either after the appearance of the citizen or if he provides documents confirming compliance with his non-appearance on the agenda,” Peredruk explained.
On appeal of the decision of the military commissioner
The lawyer also drew attention to the fact that the law amends article 28 of the Federal Law “On military service and military service”. In particular, this concerns the appeal procedure against the decisions of the military commissariats – if the document is accepted, the appeal to the court will not automatically suspend the decision of the military commissariat.
“If this bill is passed in this form, it will lead to the loss of the mechanism for automatically suspending appeals against the decision of the project commission. In other words, now, if the conscript does not agree with the conscription decision, filing a lawsuit leads to an automatic suspension of the decision of the conscription commission until the court verifies the legality of this decision,” Peredruk stressed.
For the decision of the military registration and enlistment office to be suspended, citizens will not only have to go to court, but also request “the application of prior protective measures to suspend the decision of the drafting committee”, said the lawyer. is on. “Otherwise, they will be forced to comply, as failure to comply with this decision may result in criminal liability,” he warned.
About the “Register of subpoenas”
So far, the “subpoena register” specified in the bill does not exist in Russia, but the document may start working even before it appears. According to Peredruk, the military commissar will always be able to make the decision to restrict the rights of a citizen, regardless of the existence of a special register.
Additionally, if the law goes into effect before the current draft ends, it could also apply to spring 2023 recruits.
“Whether, for example, they will start sending summons by registered mail or not depends on the authorities,” Peredruk said.
The head of the Duma Defense Committee, Andrey Kartapolov, said that the innovations will not apply to the spring 2023 conscription. At the same time, there are no legislative restrictions on the application of the standard if adopted before the end of the event projects.
On the importance of the bill for deceased Russians
Juha Metso/EPA/TASS
According to Peredruk, the restrictive measures should not affect Russians who have not lived in Russia for more than six months.
“If a citizen left the Russian Federation and lived abroad for more than six months, he had to be removed from the military register. This means that he is not subject to conscription for military service – neither for urgent service, nor for mobilization, since he is not required to be registered with the army. In this case, there should be no liability,” assures the lawyer.
How the law will work in relation to those who are abroad for less than six months remains unclear until the end, Peredruk said.
“If he left temporarily, then a good question is what is next, because he has an obligation to appear, for example, if he received a summons to state services with an appearance in ten days, and he is on vacation somewhere abroad, the question is whether this will be recognized as a valid reason for absence The list of valid reasons for non-appearance on the agenda is open, other reasons may be recognized as valid. It is possible that the absence of a citizen in the territory of the Russian Federation may be recognized by a law enforcement agency as a good reason for not show up,” he concluded.
Read the latest news about the Ukraine conflict on The Eastern Herald .
