Why did the deputies propose to allow convicts to military service under a contract

A draft law has been submitted to the State Duma, allowing citizens with a criminal record, as well as those recognized as limited fit for military service, to enter military service under a contract. Its authors were Andrey Kartapolov, Chairman of the State Duma Committee on Defense, and Andrey Krasov, his First Deputy. The document was published in the electronic database of the lower house on May 31.

The authors of the bill note that during the activities for the admission of citizens to military service under the contract, a significant number of persons were identified who wish to enter such service, but do not have the right to do so in accordance with the current norms of the law.

The document allows for the conscription of persons with a criminal record, with the exception of those who have committed crimes against sexual integrity, convicted of terrorism, high treason, espionage and a number of other grave and especially grave crimes.

“It seems appropriate to apply a similar approach to the period of mobilization, the period of martial law and wartime and to citizens who have a criminal record and wish to enter military service under a contract,” the explanatory note to the document states.

Also, according to the bill, persons who are serving sentences and who have entered into a contract for military service will be released from punishment, and their criminal record will be extinguished.

In addition, it is allowed to enter the military service fit for military service with minor restrictions or limited fit. Their list is determined by the Ministry of Defense. The military department, judging by the text of the draft, will have to develop the procedure and features of the military registration of citizens serving sentences of imprisonment.

The bill proposes lowering the requirements for the level of professional training of contract military personnel and for their personal qualities during periods of mobilization, Vedomosti is warned by Zabeyda and Partners lawyer Artem Sargsyan. He notes that the Constitutional Court, in its ruling dated March 21, 2013 No. 6-P, indicated that service in the Russian army implies the presentation of “increased requirements both to the level of professional training of military personnel, and to their moral, psychological and other personal qualities.”

The issue of admission to service under the contract of the persons listed in the bill must be approached strictly individually, military expert Yuri Knutov told Vedomosti. He suggested that if persons who have committed crimes against the person are accepted for military service, this may affect the military collective.

An individual approach should also be applied to those who are of limited fit, since there is a risk that such a soldier may spend part of his service in the hospital, receiving money from the state, Knutov believes.

Send convicts to the special operation zone earlier offered deputies of the State Assembly of Bashkiria, the corresponding bill was submitted to the State Duma in September 2022. According to the head of the republican parliament, Konstantin Tolkachev, participation in the special operation would help the convict to atone for his guilt before society and increase the size of the army.