The reservist did not turn out to be a dodger – Newspaper Kommersant No. 187 (7388) dated 10/08/2022
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The prosecutor’s office canceled the decision to initiate a criminal case against 32-year-old resident of the Penza region Maxim Moiseev, suspected of draft evasion as part of mobilization. This was announced by the head of the international human rights group “Agora” Pavel Chikov. The case of the reservist Moiseev was called the first criminal prosecution in Russia for evading mobilization to participate in the SVO. The regional TFR refused to comment on the situation with Mr. Moiseev. But the arraignment scheduled for Thursday under Part 1 of Art. 328 of the Criminal Code of the Russian Federation, relatives of Maxim Moiseev assure, never took place. Andrey Klishas, head of the Federation Council Committee on Constitutional Legislation, explained that the subjects of the crime under this article are citizens “subject to conscription,” and the question of the need to amend the legislation in this part is subject to “detailed discussion” with the State Duma.
The prosecutor’s office of the Penza region canceled the decision of the Investigative Committee to initiate proceedings under Part 1 of Art. 328 of the Criminal Code of the Russian Federation (evasion of conscription for military service; punishment – up to two years in prison) in relation to 32-year-old resident of the village of Kondol Maxim Moiseev. Human rights activist Pavel Chikov announced this on social networks.
“There will be no comments from us,” said Tatyana Makhnitskaya, a representative of the regional investigation department of the ICR, whom Kommersant asked to comment on this information. The prosecutor’s office of the Penza region did not answer calls during the day. However, according to Pavel Chikov, the Investigative Committee “intends to appeal” the decision of the prosecutor’s office and “insist on the reopening of the criminal case.”
The criminal case against Maxim Moiseev was called the first case in Russia on draft evasion for military service as part of mobilization for participation in the SVO.
In the investigative department of the TFR in the region reportedthat on September 23 of this year, Maxim Moiseev was “properly notified” of the need to appear three days later at the administration of the Kondolsky village council for sending to the military commissariat and subsequent mobilization. “Having no legal grounds for exemption from military service, he did not appear according to the agenda,” the TFR said.
On October 3, Maxim Moiseev, with the support of the Russian Guard, was detained at his mother-in-law’s house. Earlier, the department of the Ministry of Internal Affairs of Russia for the Penza region put Mr. Moiseev on the wanted list as a draft evader. Relatives of Maxim Moiseev filmed the process of detention.
In the video, investigators say that for refusing to appear at the military registration and enlistment office on the agenda, the detainee faces up to ten years in prison. At the same time, relatives claim that he did not sign for receiving the summons.
The first summons was delivered on September 23, according to Maria Moiseeva, the wife of Maxim Moiseev, who received it. The document indicated the wrong date of birth, so Mr. Maksimov decided not to appear on call. A second notification followed (with a demand to appear on September 27), but he again did not go to the military registration and enlistment office, because, according to his relatives, his chronic illness worsened. Maria Moiseeva told Kommersant that her husband was detained for 48 hours and then released without charge, no additional investigative actions were taken against him. At the same time, according to her, her husband was not allowed to get acquainted with the materials of the case.
“On Thursday, he was summoned to the Investigative Committee,” says Ms. Moiseyeva. “They planned to bring charges against him, but this was not done, and the decision was postponed until Monday. The transfer was explained by the fact that there was no lawyer with him. According to her, neither her husband nor her relatives know anything about the cancellation of the decision to initiate a criminal case: “We were not officially informed of anything, we are waiting for confirmation.”
Earlier, human rights activist Pavel Chikov in his Telegram channel said that a criminal case under the article imputed to Maxim Moiseev could not be initiated, since, according to the explanations of the Supreme Court of the Russian Federation, Art. 328 of the Criminal Code of the Russian Federation applies only to citizens who evade conscription for military service.
This fact, we note, was confirmed by Andrey Klishas, Chairman of the Federation Council Committee on Constitutional Legislation. Mr. Klishas wrote in his Telegram channel that it is unlawful for military registration and enlistment offices to warn citizens about criminal liability for refusing to mobilize. “According to the decision of the plenum of the Supreme Court of the Russian Federation dated April 3, 2008 No. 3 “On the practice of court consideration of criminal cases on evasion of conscription for military service and military or alternative civilian service”, the subjects of the crime under Part 1 of Art. 328 of the Criminal Code of the Russian Federation, are male citizens from 18 to 27 years old who are subject to conscription for military service, ”explained Mr. Klishas, noting that the issue of the need to amend the legislation in this part is subject to“ detailed discussion ”with the State Duma.
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