Experts evaluated the new system of registration of persons liable for military service

On April 11, the State Duma adopted amendments on a new digital military registration system. The adoption of the amendments took place with a discussion initiated by the deputies of the Communist Party of the Russian Federation: Nikolai Kolomeitsev, Artem Prokofiev and Alexei Kurinny said that they did not have the opportunity to familiarize themselves with the 80-page text of the amendments, since they were posted in the electronic database of the Duma an hour and a half before the vote. Nevertheless, the amendments were adopted by the deputies of the lower house unanimously at once in the second and third readings.

In the third reading, 391 deputies voted in favour, one deputy abstained. According to the Duma database, Dmitry Kuznetsov from A Just Russia became this sole parliamentarian, but he told Vedomosti that he did it by accident.

Initially, the draft law, which was significantly amended, envisaged only the delivery of subpoenas by registered mail. But, according to the chairman of the defense committee Andrei Kartapolov (United Russia), the partial mobilization of 2022 revealed shortcomings, so the question arose of creating a unified military registration base. The bill solves two more problems: “minimization of personal communication” of citizens and military registration and enlistment offices and creates responsibility for “deviators”.

with people According to the amendments, citizens subject to conscription for military service receive subpoenas in writing, by registered mail and electronically, they can also be handed over to family members or the employer. Electronic subpoenas are considered delivered after they are posted in the citizen’s personal account on the State Services. If a citizen does not have registration at the State Services, then they will bring him a regular summons or send it by registered mail, Kartapolov told Vedomosti. Citizens who have received summonses are prohibited from leaving Russia as a temporary measure.

The failure of a citizen without a valid reason to appear on a subpoena within 20 days entails a ban on registration as an individual entrepreneur and self-employed person, suspension of real estate transactions, restriction on driving a vehicle and a ban on its registration, refusal to issue loans and loans. The decision to cancel these measures is made within 24 hours after the appearance of the citizen on the agenda or confirmation of good reasons for non-appearance.

The state authorities of the constituent entities may establish additional temporary bans, in particular, limit payments, benefits, support measures. The decision to apply provisional measures may be appealed in pre-trial procedure.

Military registration can be carried out without the personal appearance of citizens in the military registration and enlistment office. Even if the citizen has not received the summons by registered mail or through the State Services, the summons will be considered delivered one week after it is placed in the summons register. According to Kartapolov, the law will come into force from the day of its official publication: “But the government should, on its basis, develop a procedure for maintaining a military register. Therefore, I think that the spring call will be held according to the rules that were, with a high degree of probability.”

To maintain the register of military records, information from state information systems and from state authorities is used. It will contain information about sending summonses and receiving them by citizens, about the appearance or non-appearance at the military registration and enlistment office, about the application of temporary restrictive measures against citizens, their appeal, about criminal and administrative liability in relation to citizens. The registry operator is the Ministry of Defense. Creates a register of the Ministry of Digital Development.

The process of digitalization comes not only to calls to the Federal Tax Service, but also to the military registration and enlistment office, lawyer Vladimir Shalaev notes. According to him, the possible illegal access to the personal account of another person raises more questions: it is not difficult to imagine that the child will refresh the page, and the system will consider that the person has read the agenda. If a person has lost control over the account, then this circumstance should even potentially exclude the guilt of the person who did not receive the summons against receipt.

Vyacheslav Klimov, a lawyer at the Asterisk Law Office, said that the ban on registering rights to real estate will work as follows: a citizen (or his attorney) submits an application to Rosreestr, Rosreestr checks information in the military registration register, and if the register contains information about the restrictions imposed, then Rosreestr will refuse to register rights to real estate. “In general, this mechanism can be compared with how Rosreestr, when registering rights, checks information that is in other databases – the USRN, EFRSB, etc.,” Klimov notes.

The corresponding restriction takes effect after 20 days from the date of receipt of the summons, the lawyer says. How exactly the ban on a citizen from registering his rights to real estate will work will become clear only at the stage of its implementation, says lawyer, senior partner of the Moscow law office Afanasiev, Uzdensky and Partners Sergey Uzdensky.

“But based on the letter of the law, it can be assumed that in relation to a person who did not appear on the agenda within the period established by law, relevant information will be sent to Rosreestr, which will impose a restriction on the possibility of registering real estate transactions: it will be impossible to sell, buy, or donate housing. If the person who issued the power of attorney is limited in his rights and is listed as a evader, issuing a power of attorney to carry out real estate transactions in relation to third parties will not change anything,” he explains.

The bill may complicate the lives of persons who have left the territory of Russia and are subject to conscription, Dmitry Galantsev, managing partner of the Propositum law firm, believes: “Having a power of attorney for an order will not allow you to circumvent the prohibitions that may be imposed.” He expects a large number of transactions for the sale of real estate to wives, children, etc. Since the legislative restrictions have not been finally introduced, additional clarifications on this issue are quite possible, Dmitry Gorbunov, partner at the law firm Rustam Kurmaev and Partners, notes.

At the moment, it is rather difficult to assess the level of restrictions that could realistically threaten conscripts who do not want to receive subpoenas or who received them but did not show up at the draft board on time, Gorbunov said. Now it’s more about freezing rights, including property registration, he says.

The amendments are of a general nature, that is, they apply to all those liable for military service, including those in reserve, military expert Yuri Lyamin notes. “These amendments are largely adopted based on the results of the partial mobilization carried out in the fall, which revealed many errors and problematic issues in the military accounting system that need to be corrected,” he said.

The law applies to all those liable for military service – to all citizens who are in reserve, Kartapolov confirmed to Vedomosti. “We have those who are over 60 who are no longer liable for military service (with the exception of senior reserve officers – up to 70 years old).” According to the law on conscription, citizens subject to conscription for military service include male citizens aged 18 to 27 years.

The reserve of the Armed Forces consists of “mobilization manpower reserve and mobilization manpower”. The mobilization manpower reserve is understood as citizens who are in the reserve and have concluded a contract on staying in the mobilization manpower reserve. The mobilization human resource is understood as citizens who are in the reserve and are not part of the reserve.

Already on April 12, the law will be considered by the Federation Council, after which it will go to the president for signature.