Sep 21, 2022
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What is the responsibility for evading mobilization provided in Russia

Russian President Vladimir Putin announced a partial mobilization in Russia in connection with a special operation in Ukraine – from September 21, 2022, about 300,000 people are going to mobilize, as Defense Minister Sergei Shoigu specified. We found out what kind of responsibility threatens the Russians for evading mobilization.

What does the law “On mobilization” say

The law “On mobilization training and mobilization in the Russian Federation” does not stipulate the responsibility of citizens for avoiding it. Article 21 states only: “When mobilization is announced, citizens subject to conscription for military service are obliged to appear at assembly points within the time limits specified in mobilization orders, agendas and orders of military commissariats, federal executive bodies that have a reserve.”

Also, the law “On mobilization” states: “citizens who are registered with the military, from the moment the mobilization is announced, are prohibited from leaving their place of residence without the permission of the military registration and enlistment offices, federal executive bodies that have a reserve.” At the same time, it is not specified under what mobilization such a measure is introduced – with full, which is not discussed, or also with partial.

Details can be determined by separate acts – for example, government ones. As the press secretary of the President Dmitry Peskov announced, such documents are expected soon.

Criminal liability

At the same time, Article 328 of the Criminal Code of the Russian Federation “Evasion from military and alternative civilian service” is in force in Russia.

According to it, evading conscription for military service in the absence of legal grounds for exemption from this service is punishable by a fine in the amount of up to 200,000 rubles or in the amount of the salary or other income of the convicted person for a period of up to 18 months, or by forced labor for a term of up to 2 years, or arrest for up to 6 months, or imprisonment for up to 2 years.

Administrative responsibility

There is an article 21.5 on “non-fulfillment by citizens of duties on military registration” and in the Code of Administrative Offenses.

This article states that the non-appearance of a citizen who is or is obliged to be registered with the military at the call (summon) of the military registration and enlistment office at the established time and place without a good reason, entails a warning or the imposition of an administrative fine in the amount of 500 to 3,000 rubles.

When is criminal liability applied, and when is administrative liability applied?

Criminal liability is applied to malicious violators. For example, if a conscript went abroad for a period of more than six months without notifying the military enlistment office, or due to forgetfulness did not appear on the agenda, this is “administrative”, if the violations are malicious – that is, a person deliberately and systematically avoids conscription, then they can initiate a criminal case.

How is the summons to the military registration and enlistment office handed

The information that allegedly mobilization summonses will be sent to Russians for public services was refuted by the Ministry of Digital Development.

According to the decree of the government of the Russian Federation in force since 2006 (although it may be changed in the new conditions), “the delivery of subpoenas to conscripts is carried out against receipt by employees of the military commissariats of municipalities (local self-government bodies of settlements and local self-government bodies of urban districts in territories where there are no military commissariats municipalities) or at the place of work (study) of the conscript by managers, other officials (employees) of organizations, as a rule, no later than 3 days before the date specified in the agenda.

If delivery of the summons is impossible, the military commissar is obliged to submit a written request to the internal affairs bodies with a request to ensure the appearance of the conscript.

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