Regional military commissariats prohibit those liable for military service who have not received a summons to leave city limits

The military commissar of Tatarstan Sergey Pogodin signed the order “On the announcement of mobilization”, after which similar documents were published in Dagestan, Yakutia, Amur, Voronezh, Kursk, Nizhny Novgorod, Samara, Smolensk, Tver and Chelyabinsk regions and, as the interlocutors in the governments of the two Siberian regions explain , will appear in all regions of Russia by the end of the week. So far, the text of the order is standard in all regions.

When asked whether the rules will be the same in all regions or the military commissars will be able to determine the parameters of the order at their discretion, presidential press secretary Dmitry Peskov, in a response to Vedomosti, referred to paragraph 8 of the presidential decree of September 21, in which top officials were ordered ensure the conscription of citizens for military service for mobilization in the amount and within the time limits determined by the Ministry of Defense. Vedomosti sent a request to the military department.

The military commissars order all officers, warrant officers, warrant officers, sergeants, foremen, soldiers and sailors of the reserve, permanently residing in the region and having mobilization orders, to appear on time at the indicated points. Those living in the region, but having mobilization orders elsewhere, were ordered to “immediately leave for their place of permanent residence.” Those liable for military service who do not have mobilization orders in their hands are temporarily prohibited from leaving the district (city), the text of the orders says.

Citizens who did not appear on mobilization at the dates and points indicated by them, and heads of organizations [не содействовавшие им] “are liable in accordance with the law,” Pogodin’s order warns (the day before, Vedomosti wrote that for organizations it is only about administrative responsibility).

Lawyer Alexander Peredruk refers to paragraph 2 of Art. 21 of the law “On mobilization training and mobilization”, according to which 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 commissariats. Peredruk draws attention to the fact that mobilization was not previously carried out in the Russian Federation, and therefore there is no law enforcement practice. We can talk about the fact that the norm limits the exit from the territory of the city in which a person lives and is registered, he notes. On the other hand, the norm can be interpreted as follows: it is aimed at ensuring that a person is at home when they bring the summons.

“Be that as it may, there are no norms of the law that would directly establish liability for this violation,” Peredruk emphasized.

In 2019, the State Duma adopted amendments that imposed on citizens who do not have registration at their place of residence or place of stay the obligation to register with the military at their place of actual residence. That is, when moving, citizens liable for military service had to independently register for military registration. “The law was changed three years ago, but military registration and enlistment offices still often refused to register at the place of actual residence – they said to bring registration. That is, they made citizens violators, ”a lawyer involved in helping military servicemen told Vedomosti, who asked not to indicate his name.

At the same time, most of the men, when moving, still simply do not notify the military registration and enlistment office about this, therefore they are registered in the region where they were registered. Failure to appear for military registration, according to Art. 21.5 of the Code of Administrative Offenses, entails a warning or the imposition of an administrative fine in the amount of 500 to 3000 rubles. “If a citizen himself has not received a summons, he has no obligation to appear on his own. That is 3000 rubles. a fine is the maximum that threatens by order, ”says the lawyer.