Evasion from mobilization: what threatens it

Evasion from mobilization: what threatens it

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How they can serve a summons, what to do after receiving it, what penalties are provided for evading mobilization – in the Kommersant certificate.

How can a subpoena be served?

There are several ways in which a conscript can be served with a summons.

Personally in hands. Only a military registration and enlistment office employee can do this. The summons can only be handed to the conscript against signature. Relatives cannot receive a summons on his behalf. The document cannot be written in free form. The subpoena cannot be left at the door.

By registered mail. In this case, the summons will be considered served after the postal employee checks the notification of receipt. In this case, the document is not handed over by an employee of the military registration and enlistment office, but this is done by an authorized person.

Electronically. From October 1, 2023, military registration and electronic summons registers began to operate in test mode. During 2024 they will be filled with information. They are planned to be launched in full mode from January 1, 2025. Notification of such a subpoena should be sent to your personal account on the State Services portal.

If the summons cannot be served electronically or by registered mail, it will be deemed served seven days after its publication in the register of summonses.

What information should be included in the agenda?

The summons must contain the following information:

— address of the military registration and enlistment office;

— Full name of the conscript;

— reason for the call;

— a list of documents and things that you need to take with you;

– the period within which you need to come to the military registration and enlistment office;

— series and number of the agenda itself;

– signature of the military commissar and seal of the military registration and enlistment office.

Which military registration and enlistment office can they apply to?

They can only be summoned to the military registration and enlistment office at the place of registration or actual stay. If a person does not live according to registration, he must independently notify the military registration and enlistment office about this and register. You cannot call a citizen to the local military registration and enlistment office if he is on vacation or on a business trip.

What is the punishment for failure to appear on a mobilization summons?

For failure to appear on a summons, a fine of 10 thousand to 30 thousand rubles is provided. This applies to all reasons for being called to the military registration and enlistment office, and not just for mobilization. In addition, if a citizen does not appear within 20 days from the date specified in the summons, the following temporary penalties may be applied:

— ban on registration of individual entrepreneurs and self-employment;

— a ban on registering real estate in the cadastral register;

— restriction of the right to drive vehicles, as well as a ban on their registration;

— a ban on obtaining credits and loans.

What else are fines for?

You can get a fine not only for failure to appear at the military registration and enlistment office on a summons. A citizen may be held administratively liable if he:

– fails to report a change in marital status, place of residence or work, education, position (fine from 1 thousand to 5 thousand rubles);

– will not register with the military after moving (fine from 10 thousand to 30 thousand rubles);

– did not inform the military registration and enlistment office about leaving the Russian Federation for a period of more than six months or about entering back (fine from 5 thousand to 15 thousand rubles);

– evades a medical examination or additional examinations for which he was sent (warning or fine from 15 thousand to 25 thousand rubles);

– deliberately damaged or lost military registration documents (fine from 3 thousand to 5 thousand rubles).

Fines for employers

From October 1, 2023, fines have appeared in Russia for employers for failure to provide assistance to military registration and enlistment offices. Recovery can be obtained if:

– failure to fulfill the obligation to ensure timely notification and appearance of those subject to mobilization at the military registration and enlistment office or failure to provide assistance in such events (fine from 60 thousand to 80 thousand rubles for officials and from 400 thousand to 500 thousand rubles – for legal entities );

— failure to comply with instructions for the supply of equipment to assembly points or military units or for organizing such deliveries (fine from 60 thousand to 80 thousand rubles for officials and from 400 thousand to 500 thousand rubles for legal entities);

— failure to provide the military registration and enlistment office with a list of citizens subject to initial military registration (fine from 40 thousand to 50 thousand rubles for officials and from 350 thousand to 400 thousand rubles for legal entities);

— failure to notify citizens about their summons (fine from 40 thousand to 50 thousand rubles for officials and from 350 thousand to 400 thousand rubles for legal entities);

– failure to provide information necessary for military registration (fine from 40 thousand to 50 thousand rubles for officials).

Criminal liability for evading mobilization

Such punishment is provided for in Article 328 of the Criminal Code of the Russian Federation. Punishment can be applied if a citizen appeared at the military registration and enlistment office on a summons, passed a medical examination and was assigned to a unit for military service, and after that began to evade. The following penalties are possible for such a violation:

— fine from 200 thousand rubles. or in the amount of wages or other income of a citizen for a period of up to 18 months;

— forced labor for up to two years;

– arrest for up to six months;

– imprisonment for up to two years.

In what cases can you not come to the military registration and enlistment office?

There are valid reasons for failure to appear at the military registration and enlistment office when summoned. They are set out in Article 7 of the federal law “On Military Duty and Military Service”. Such reasons include:

– illness or injury of a citizen associated with loss of ability to work;

– serious health condition of the father, mother, wife, husband, son, daughter, brother, sister, grandfather, grandmother or adoptive parent of a citizen or participation in the funeral of these persons;

– an obstacle that arose as a result of force majeure, or another circumstance that does not depend on the will of the citizen;

— other reasons recognized as valid by the law enforcement agency.

Is it possible to leave the country after receiving a summons?

All citizens registered with the military do not have the right to leave their place of residence from the moment mobilization is announced. This norm is spelled out in the federal law “On mobilization preparation and mobilization in the Russian Federation.” On August 4, 2023, President Vladimir Putin signed a law prohibiting leaving the country after receiving a summons. The exit will be closed from the date the summons is posted in the register. Previously, this happened seven days from now.

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