Those liable for military service will be provided with the Internet – Newspaper Kommersant No. 62 (7507) dated 04/11/2023
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It is proposed to legally equate electronic summonses to military registration and enlistment offices with paper ones: the introduction of appropriate amendments for consideration by the State Duma on the evening of April 10 was announced in the parliamentary defense committee; they will be reviewed on 11 April. Amendments to the law on military duty and military service relate to the digitalization of military records in the Russian Federation. Digital subpoenas are proposed to be sent to the account holder on the public services portal, but it is not yet clear from the words of the deputies whether the subpoena will be considered handed in at the time of sending or reading the message. As part of digitalization, new measures are also envisaged in relation to evaders, including a possible ban on leaving the country, driving a car and obtaining bank loans.
The possibility of sending digital agendas to citizens in the State Duma was announced by the head of the parliamentary defense committee Andrei Kartapolov (ER). According to him, the legislators plan to keep the traditional paper methods of notifying recruits and mobilized citizens, but at the same time duplicate the agendas in electronic form through a personal account on the public services portal. At what point the digital subpoena will be considered “served” (when it is read or sent), the deputy did not explain, only saying that electronic notifications will have “the same legal force” as paper ones: “It doesn’t matter how you received this subpoena.”
Mr. Kartapolov called the digitalization of military records the main idea of the amendments.
“This will require the creation of a unified register of persons liable for military service, which will be created on the basis of the state information resource, which will make the entire military registration system transparent and the information relevant,” he added. It should be noted that in November 2022, President Vladimir Putin instructed to create such a resource for updating military records. It followed from the presidential decree that this resource should contain information about citizens registered with the military, with the exception of officers and persons in the reserve of the Foreign Intelligence Service and the FSB. The registry should be ready by April 2024. “The system will be secure,” Mr. Kartapolov promised. “It is being built on the basis of time-tested and experienced digitalization of public services.”
According to the deputy, “the system is human-oriented and minimizes the possibility of errors and the need for general communication between a person liable for military service and the commissariat”: persons liable for military service will “go to the military registration and enlistment office less, and many operations will be carried out remotely, including initial registration and deregistration.” In this case, the passage of the medical examination will remain full-time. Andrey Kartapolov mentioned the problems during the partial mobilization in the fall of 2022 and expressed the hope that the new accounting system will allow them to be avoided. “The changes that we propose will also contribute to social justice,” said the deputy. on equal terms with those who deviate from it.”
The amendments promise harsh measures to deviators, including those related to the restriction of property rights.
“If he (conscript.— “b”) pretends that he does not receive a summons, he will be obliged to appear at the military commissariat within two weeks during the next call-up,” Andrei Kartapolov said, without explaining, however, how “pretends” will be identified. The deputy also promised the dodgers to send out notices “with a digital signature” of the military commissar about the ban on leaving the country, driving a car, alienating real estate and obtaining bank loans. However, Mr. Kartapolov also mentioned the procedures for pre-trial settlement of disputes with the military registration and enlistment office, which should help citizens protect their rights.
The amendments, he said, have already been submitted to the State Duma. But yesterday, by the time the issue was signed for print, their text had not appeared in the parliamentary database. The State Duma intends to consider the bill already on April 11, Mr. Kartapolov said. On this day, amendments to the law “On military duty and military service” will be considered in parliament in the second reading, giving military registration and enlistment offices, for example, the right to send subpoenas to conscripts by registered mail by mail (they will be considered delivered from the moment a mark appears in the post office about the delivery of the letter ). This bill passed its second reading in 2018, with a third reading scheduled for March 2022. Then it was shelved. On March 30, 2023, the State Duma proposed to return the document to the second reading, and on April 6 it adopted the corresponding decision.
For the first time, Rear Admiral Vladimir Tsimlyansky, head of the Main Organizational and Mobilization Directorate of the General Staff, mentioned on March 31 that military registration and enlistment offices can begin to notify Russians electronically already during the spring draft into the army. If this is not possible for technical reasons, the conscript will receive a regular paper summons, Mr. Tsimlyansky said. On the same day, Deputy Head of the State Duma Defense Committee Yuri Shvytkin declared, that sending the agenda through the public services portal can be equated with personal delivery, and deleting an account on this site will be considered evasion of service. However, the head of the Federation Council Committee on Defense and Security, Viktor Bondarev, then objected that the electronic method of serving subpoenas is not defined by Russian law, and digital alerts from military registration and enlistment offices are not subpoenas. Senator Andrei Klishas also spoke about the preservation of the previous procedure for serving subpoenas.
Finally, on March 31, from the service page on the public services portal disappeared the account deletion button, as well as the corresponding instructions. Support service specialists reported that the function was removed at the request of the Ministry of Digital Development. The head of the Ministry of Digital Development, Maksut Shadayev, said that disabling the account deletion button on the public services portal has nothing to do with mobilization measures: “We are not expecting anything like that, we are not preparing for mobilization. We exhale. For those who are especially anxious, there is a function to unsubscribe from messages from government agencies, ”he wrote on Telegram. He clarified that the function of unsubscribing from messages from government agencies remains on the portal.
Dmitry Agranovsky, the head of the Liptser, Stavitskaya and Partners bar association in the capital, has “only one question: why did this bill appear so late.” “When partial mobilization began (in September 2022.— “b”), it turned out that the system (military commissariats.— “b”) is not far from the times of the Great Patriotic War. There was confusion,” recalls Mr. Agranovsky. He believes that the implementation of the bill will “improve the quality of interaction between the citizen and the state”, citing the digitalization of the system for paying road fines as an example.
Artem Yablokov, a partner at the Yablokov Brothers law firm, calls the electronic method of serving government notifications “an existing practice,” but notes that now this “requires a separate consent of the recipient.”
Sending notifications through the public services portal is possible with such consent and if the citizen has access to the portal. “Sending a letter by paper mail to the registration address in judicial practice is equated to the notification of the addressee,” the lawyer argues. Mr. Yablokov recalls that using a personal account on the portal “is not the responsibility of a citizen.” “Receipt of a notice in electronic form may be indicated by a read mark. If there is no such mark, it will be difficult to assert that a person has received correspondence or is ignoring such, as it will be difficult to establish the correctness of the Internet connection at any given moment, ”says the lawyer.
Since April 1, Russia has been conducting a spring conscription for military service. According to a presidential decree dated March 31, 147,000 people will be drafted as part of the campaign, which will last until July 15.
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