Moscow and the region withdrew the agenda – Newspaper Kommersant No. 193 (7394) dated 10/18/2022

On Monday afternoon, Moscow Mayor Sergei Sobyanin announced the completion of partial mobilization in Moscow. According to him, the plans of the Ministry of Defense for recruiting troops in the city have been fulfilled, and the agendas already issued and sent to citizens “cease their effect” from 14:00 on October 17. Additional mobilization points deployed by the city authorities in museums and theaters were closed. By Monday evening, the end of partial mobilization was also announced by the governor of the Moscow Region, Andrei Vorobyov, who also said that citizens who already have subpoenas in their hands may not come to the military registration and enlistment offices. Lawyers interviewed by Kommersant believe that the cancellation of issued subpoenas still needs to be documented by representatives of the RF Ministry of Defense. The capital’s military commissar Maxim Loktev confirmed that “partial mobilization measures” in Moscow have been completed, specifying that the recruitment of volunteers for the troops will continue.

On the completion of partial mobilization in Moscow, Sergei Sobyanin announced on his website at noon, specifying that two hours after that, “the collection points for the mobilized are closed.” Referring to the city military commissar, Mr. Sobyanin explained that the mobilization tasks set by the decree of President Vladimir Putin and the Ministry of Defense were “fulfilled in full.” “Summons sent out in the process of mobilization to the place of residence and enterprises cease to be valid,” the mayor added.

Shortly after the mayor’s appeal, videos from the closing recruiting centers began to circulate on social networks. In one of them, probably filmed by a visitor to the mobilization point at the Museum of Moscow, a male voice-over loudly says to the audience: “Everyone is free! Orders have been cancelled! The mobilization is over! Sergey Trigilev, military commissar of the Preobrazhensky district of Moscow, announced the closure of the additional mobilization point at the Viktyuk Theater “in connection with the full implementation of the plan”, standing at the entrance to the building. On October 17, in the evening, the end of partial mobilization was announced by the governor of the Moscow Region, Andrei Vorobyov.

“We have fully completed the task of the Ministry of Defense. The delivery of subpoenas is stopped, those who have them in their hands may not come to the military registration and enlistment office,” he added.

Partial mobilization in Russia was announced on September 21 by President Vladimir Putin’s decree, saying that, first of all, citizens from the reserve who had previously served in the army would be called up to the troops. The Ministry of Defense clarified that we are talking about 300 thousand reservists. On October 14, Mr. Putin announced that partial mobilization in Russia would be completed within two weeks, estimating the number mobilized in the country at that time at 222,000 people. On November 1, regular autumn conscription for urgent military service begins in Russia: these events were supposed to start on October 1, but their deadline was shifted by a month. Representatives of the authorities have repeatedly made it clear that conscripts, unlike those mobilized, will not be sent to combat areas.

The address of the mayor of Moscow turned out to be very emotional. Sergei Sobyanin said that the mobilization was “a huge test for thousands of Moscow families”, addressed Muscovites “words of gratitude and appreciation” and noted that “we are all worried and worried about the fate, difficulties and dangers” that the mobilized citizens will face. “Let’s hope and pray that you return alive and healthy,” Mr. Sobyanin added.

The military commissar of the Preobrazhensky district of Moscow, Sergei Trigilev, made it clear that the situation with the mobilization in Moscow led to a clarification of the status of a number of citizens who “previously did not pay attention to their position in life.” As an example, a representative of the Ministry of Defense cited citizens with five children who were listed in the military enlistment office as “lonely”, or a Muscovite who “had an accident”, after which he was given “pins and plates”, but he continued to be listed in the military registration and enlistment office as fit for service in the military category “BUT”. At the same time, Mr. Trigilev thanked the Moscow government for the prompt creation of “analysis groups” for such situations.

Mr. Sobyanin indicated on his website that Moscow would take care of “the families and loved ones” of the mobilized citizens.

Earlier, the mayor signed a decree with measures to support them, providing, in particular, for the extraordinary enrollment of children mobilized in kindergartens and exemption from fees for these institutions, free meals for schoolchildren, “assistance in finding a job” for spouses and other benefits. In addition, by decree of the capital’s mayor, citizens drafted into the troops were promised to pay extra 50 thousand rubles each. per month. In turn, their support measures were also promised in the Moscow region: a lump sum payment of 200 thousand rubles. mobilized citizens, families – free access to a kindergarten, free breakfasts and lunches for schoolchildren, etc.

Dmitry Gorbunov, a partner at Rustam Kurmaev & Partners law firm, recalls that mobilization in the country is announced by decree of the President of the Russian Federation, it must be completed by decision of the Commander-in-Chief of the RF Armed Forces, but the heads of the subjects – they ex officio head the regional mobilization commissions – “can report the completion of mobilization measures » on its territory. Vladimir Kitsing, managing partner of the Kitsing and Partners bureau, says that “there is no direct indication of the right of the highest officials of the subjects to announce the end of partial mobilization in the legislation,” however, such powers “follow” from the presidential decree of September 21.

The end of partial mobilization in Moscow on October 17 was also announced by the city military commissar Maxim Loktev. At the same time, he clarified that the recruitment of volunteers for the troops will continue. It should be noted that the order on partial mobilization in Moscow on September 21 was signed by the military commissar of Moscow, Viktor Shchepilov, and Mr. Loktev was his deputy at that moment. Since October 14, Maxim Loktev has been presented in all news reports as the capital’s military commissar.

The cancellation of mobilization summonses announced by the mayor “should be formalized by an appropriate administrative document” of a representative of the Russian Ministry of Defense, explains Dmitry Gorbunov. “Since summonses previously sent but not handed in for some reason were issued by military commissars, they should be canceled by the same or higher officials,” says Lyubov Shebanova, head of the Amuleks.ru criminal and administrative law practice. The lawyer does not rule out that in this case, “separate decisions” of the military commissar of the subject “or the heads of its subordinate district divisions” will be required. “At the moment, there is no documentary confirmation of the end of mobilization in Moscow and no explanations regarding the actions of the persons who received the summons,” says Mr. Kitsing.

To the question of what should be the actions of citizens who, after the statements of Sergei Sobyanin or Andrei Vorobyov, will still receive subpoenas, lawyers find it difficult to unambiguously answer.

“According to the words of the mayor of Moscow, summonses sent to the place of residence and enterprises cease to be valid. Accordingly, it is not necessary to appear at the military registration and enlistment office on agendas starting from October 17, and there should not be any legal consequences as a result of this, ”says Mr. Kitsing.

“Until an official decision is received or an extract from it on the annulment of the summons, upon receipt of it, the citizen retains the obligation to appear at the military registration and enlistment office,” Lyubov Shebanova believes. “If the summons has arrived, formally it obliges to appear, but a citizen can simply contact and drown the status of the corresponding call,” suggests Dmitry Gorbunov. If the summons to the citizen nevertheless comes, legally he will be threatened with administrative responsibility under Art. 21.5 of the Code of Administrative Offenses of the Russian Federation for failure to appear at the military registration and enlistment office, suggests Mr. Kitsing. “Verbal assurances about the completion of partial mobilization tasks have not yet been backed up by a written legal act that would give them legal force,” he adds.

Alexander Voronov