The State Duma approved fines of up to 50 thousand rubles. for violation of military registration obligations

The State Duma Committee on State Construction recommended the adoption of an amendment to the Code of Administrative Offenses of the Russian Federation, sharply tightening the responsibility of citizens for violations of military registration duties. So, for failure to appear at the military enlistment office on the agenda without a good reason, it was proposed to increase the fine from 3 thousand to 40-50 thousand rubles, and for evading the medical board – from 3 thousand to 15-25 thousand rubles. If a citizen did not report to the military registration and enlistment office about a change in place of residence, work, study and marital status, the State Duma believes that this should be fined in the amount of 10-20 thousand rubles. instead of 3 thousand rubles. Citizens should be taught to perform military duties, but such a high amount of fines is incommensurable with other norms of the Code of Administrative Offenses, lawyers interviewed by Kommersant believe.

Project amendments to the Code of Administrative Offenses of the Russian Federation approved at a meeting of the State Duma Committee on State Construction and Legislation. The document proposes to toughen sanctions for violations of military registration duties. For failure to appear at the military enlistment office on a written summons without a good reason (Article 21.5 of the Code of Administrative Offenses of the Russian Federation), it is proposed to raise the fine from 0.5–3 thousand to 40–50 thousand rubles. “Failure by a citizen” to the military registration and enlistment office of information about a change in place of residence, work, study and marital status is proposed to be singled out in a separate paragraph of Art. 21.5 of the Code of Administrative Offenses of the Russian Federation and fine violators for 10-20 thousand rubles. (instead of the maximum 3 thousand rubles now). Evasion of a medical examination and deliberate damage to military tickets, according to the committee, should be punishable by fines of 15-25 thousand rubles. (now up to 3 thousand rubles). For non-fulfillment of military transport mobilization duties (Article 19.25 of the Code of Administrative Offenses of the Russian Federation), citizens now face up to 300 rubles. fine, legal entities – up to 20 thousand rubles.

The draft amendments propose to raise the bar to 15-25 thousand rubles. for individuals and up to 350–400 thousand for legal entities.

The Code is also proposed to be supplemented with a new Art. 19.38 on “failure to provide assistance” to military registration and enlistment offices during the period of mobilization. We are talking about the failure to fulfill the obligations of “timely notification and the appearance of citizens subject to conscription … at assembly points.” It is proposed to fine officials for this by 60-80 thousand rubles, legal entities – by 400-500 thousand rubles. Similar sanctions threaten violators who failed to “organize or ensure the supply of equipment to assembly points or military units.”

The amendments are being introduced by the second reading of the bill submitted to the State Duma in 2019. The document states that the norms will come into force on October 1, 2023.

In April 2023, the State Duma and the Federation Council, we recall, adopted, and Russian President Vladimir Putin signed a law providing for the creation of a digital register of military records and an integrated register of summonses sent to citizens. Thus, citizens will be able to be called to the military registration and enlistment office through the portal of public services, limiting their exit from the country until they appear at the military registration and enlistment office. Dodgers may also be prohibited from driving a car, entering into real estate transactions, obtaining loans and registering individual entrepreneurs.

“The situation with the military registration and enlistment offices did not escalate until 2022, so there was no need to change the legislation. Gaps were exposed as a result of partial mobilization. These measures eliminate some of the gaps in legal regulation,” says Artem Denisov, Managing Partner at Genesis law firm. Vladislav Zhuk, lawyer of the Knyazev and Partners Collegium, names the imposed fines of up to 50 thousand rubles. “significant”, comparing them with the maximum punishment in the amount of 30 thousand rubles. under Art. 12.8 of the Code of Administrative Offenses of the Russian Federation (for drunk driving) or 4 thousand rubles. under Art. 19.3 of the Code of Administrative Offenses of the Russian Federation (disobedience to the requirements of a police officer). “From the point of view of the importance of public interests, it seems that road safety or law and order are of greater public importance compared to the relevance of military registration,” he said. “The legislator substantiates the increase in the size of the fine with the preventive component. For years of ignoring military duties, it is now necessary to accustom fellow citizens to their implementation, ”says Lyubov Shebanova, head of the criminal and administrative law practice at Amuleks.ru.

However, the expert believes that “society always painfully perceives such a sharp increase in the size of the fine, which does not correlate with either wages or the subsistence minimum.”

Mr. Zhuk has the impression that the legislator “deliberately establishes excessively high fines, disproportionate in severity with other norms of the Code of Administrative Offenses, in relation to all acts related to military service.” Such an approach, the lawyer believes, leads “to disproportionate sanctions of the Code of Administrative Offenses and imbalance of its regulations.”

Artem Denisov believes that the tightening of sanctions “shows the degree of awareness of the military registration and enlistment offices and the presence or absence of information exchange with the relevant government agencies” – “otherwise there would be no need to impose duplicating functions.”

Alexander Voronov