Khanty-Mansiysk Autonomous Okrug recognized the right of military registration and enlistment offices to call up citizens with reservations – Kommersant
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The courts in the Khanty-Mansiysk Autonomous Okrug have recognized the right of military registration and enlistment offices to call on the service to mobilize citizens with armor. The reason was the lawsuit of an employee of the gas processing department of Surgutneftegaz, Sergei Vakhrameev, who was mobilized into the Russian armed forces in October 2022.
Sergei Vakhrameev appealed to the Surgut City Court with a lawsuit against the military commissariat of the Khanty-Mansi Autonomous Okrug and the draft commission of Surgut and the Surgut region. He indicated that he is on the list of employees of the enterprise who are subject to the reservation from the draft. The plaintiff also insisted on the presence of a neurological disease and the erroneous assignment of category A to him.
The court reviewed the oilman’s medical documents and found that the man had not complained about his state of health prior to being drafted. In addition, the court confirmed the right of citizens with a reservation to deferment from conscription.
“Reserved citizens who are in reserve are credited to a special military register and are exempt from conscription for military service for mobilization and in wartime for the duration of the granted deferment,” the court’s decision says.
To make a reservation, Surgutneftegaz had to make a list of employees who could receive a reservation, take military registration documents from them against receipt, certify notification forms, hand over special military registration forms against receipt and bring all documents to the military commissariat. After that, the employer had to issue a deferment certificate to the employees.
“As follows from the materials of the administrative case, the specified booking requirements were not met, it was not put on a special record, that is, in fact, at the time of the contested decision, there was no reservation for it,” the case states.
At the same time, the court emphasized that the employee’s reservation does not exempt him from military conscription.
“According to paragraph 5 of the General Section of these guidelines, the reservation is not an absolute basis for granting a deferral, since military commissariats have the right to attract reserved citizens to carry out their mobilization activities,” the statement says. decision court.
As a result, the claim of Sergei Vakhrameev was rejected. The appellate instance of the Khanty-Mansi Autonomous Okrug left the decision unchanged, it entered into force. The plaintiff may appeal the appeal ruling to the Seventh Court of Cassation of General Jurisdiction within six months.
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