The State Duma proposed to include human rights activists in the draft commissions in the military registration and enlistment offices
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It is proposed to include representatives of the local ombudsman, political parties represented in regional parliaments, and human rights activists in the composition of draft commissions in the military registration and enlistment offices. This is provided for by a bill submitted to the State Duma by a group of deputies. The authors explain the need for amendments by fresh legislative norms, which actually deprive conscripts of the opportunity to use the services of lawyers and lawyers to complain about military commissars.
Project amendments in Art. 27 of the federal law “On military duty and military service” was submitted to the State Duma by a group of seven deputies, including the vice-speaker of the parliament Vladislav Davankov (“New People”). The article defines the composition of draft commissions in the military registration and enlistment offices. Now the body includes seven people – representatives of the local administration, the Ministry of Education, the Ministry of Internal Affairs, the employment service and the military registration and enlistment office, a secretary and a doctor.
The deputies propose to expand the membership to include representatives of regional ombudsmen, political parties (represented in local parliaments) and human rights activists “specializing in the field of protecting the rights of conscripts or servicemen.”
The number of party members and human rights activists is not specified in the bill. Amendments allowing party representatives to participate in the work of draft commissions are proposed to be introduced into Art. 3 of the federal law “On political parties”.
In the explanatory note, the need for amendments is associated with the adoption by the State Duma on July 25 and the signing of federal law No. 437 by President Vladimir Putin on August 4. The document, in particular, regulates that a citizen can file a complaint with the military enlistment office against the actions of the military commissar only personally or through “legal representatives” (Article 35.2 of the law “On military duty and military service”). “This law assumes that lawyers and lawyers will not be able to provide assistance to citizens. Thus, citizens will be deprived of the opportunity to receive qualified legal assistance, which reduces the legal protection of conscripts from dishonest actions, ”the explanatory note to the submitted bill says.
Note that now in Art. 27 of the law “On military duty and military service” mentions that the draft commissions may include “representatives of other bodies and organizations”, but their composition is not deciphered.
The authors of the amendments argue that in practice this rule of law is not used. The bill is designed to “strengthen independent public control over the inspection of conscripts for their call for military service.”
Andrey Ganusov, a lawyer at the Kitsing and Partners Bureau, agrees that the adoption of federal law No. 437 has led to the fact that “the constitutional right of conscripts to receive qualified legal assistance has been threatened.” He draws attention to the fact that on August 4, a bill was submitted to the State Duma, which proposes to return the term “plenipotentiary representative” to the text of the law “On military duty and military service.” According to the lawyer, another draft of amendments to the law “On military duty and military service” introduced in April 2023 by deputy Sergei Shargunov (KPRF) is called upon to “patch holes,” according to the lawyer: the document proposes “to restore the provision on the suspension of the decision of the draft commission in case of judicial appeal.” This norm, recalls Mr. Ganusov, was previously excluded from the legislation.
At the same time, the lawyer treats the current parliamentary amendments “with skepticism”, believing that expanding the composition of “mandatory members of the draft commission will not be able to fully strengthen the protection of recruits”: “There are simply no restrictions on the inclusion of representatives of other bodies and organizations in the composition of the commission.”
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