The Cabinet of Ministers supported the amendments on the deferral of conscription for the duration of the trial with the military registration and enlistment office

The government supported the bill to suspend the decision of the draft board to send to military service, while a citizen is challenging the decision of the draft board in court This is stated in the government’s official response to the draft law.

“The bill does not contradict acts of higher legal force, including the Treaty on the Eurasian Economic Union. The Government of the Russian Federation supports the draft law,” the review reads.

Draft amendments to Part 7 of Art. 28 of the federal law “On military duty and military service” in April developed State Duma deputy Sergei Shargunov from the Communist Party faction. The norm, which is proposed to be introduced by the bill, was in effect for 20 years, until the amendments on the digitalization of military registration adopted in April abolished it.

According to the amendments, a citizen will not be subject to conscription until the court makes a final decision (or – the higher conscription commission of the subject). Now the law allows challenging the decision of the draft board in court, but does not guarantee the suspension of its decision for the duration of the trial.

According to Sergei Shargunov, his amendments will ensure the rights and legitimate interests of Russians. The explanatory note states that “illegal conscription activities” undermine the “combat capability of the armed forces” and also “discredits military service in the eyes of society.”

Until these amendments are adopted, so that a citizen is not sent to serve during the trial, lawyers advise file an administrative statement of claim with the court, and attach two additional petitions to it: on the application of preliminary protection measures in the form of suspension of the actions of the commission’s decision and on the demand for copies of its decision. You can file a claim within 2-3 months after the decision to call.

At the end of October 2022, Andrey Kartapolov, head of the State Duma Defense Committee declaredthat 10 thousand erroneously called up as part of partial mobilization after the trial were returned and returned home.

More details – in the material “Conscripts are asked to give a reprieve to the court”.

Anastasia Larina