Working on bugs: how in the regions they correct excesses with partial mobilization

Lawyers have already developed an algorithm of actions for victims

The fight against excesses in partial mobilization continues in Russia. The head of the Penza Investigative Committee received a severe punishment for an illegal criminal case on evasion of mobilization. Whether there is a chance that this practice will spread throughout the country and what the relatives of those mistakenly mobilized should do, MK understood.

Penza became the first sign. There, for excesses during mobilization, the head of the Investigative Department of the Investigative Committee received a “service discrepancy”. He earned such a severe punishment after initiating the first criminal case in the country on draft evasion for mobilization.

In early October, a 32-year-old resident of Penza refused to sign a summons to appear at the military registration and enlistment office, for which he was detained by riot police and sent to a temporary detention center for a couple of days. The conscript became a defendant in a criminal case. But the investigators hastily made a mistake with the article of the Criminal Code, as a result of which the prosecutor’s office dropped the case.

For the flaws of subordinates, the chief paid harshly. “For the illegal initiation of a criminal case on draft evasion for mobilization, the head of the TFR department for the Penza region was brought to disciplinary responsibility. He was given incomplete official compliance,” human rights activist Pavel Chikov wrote on the social network.

This is one of the most severe measures of disciplinary responsibility, only the dismissal or demotion is worse.

Lawyers hope that the Penza precedent will become a lesson for those who allow excesses with partial mobilization. But, apparently, this lesson has not yet been learned.

“MK” has documents on the mobilization of a 40-year-old resident of Bashkiria, Viktor Vetrov: a military department, zero experience in participating in hostilities and three minor children.

At the military registration and enlistment office of the city of Sibay, from where the man left for the military unit, the position is ironclad: it is possible and necessary to serve with three children. Despite any explanations of the General Staff.

The military commissar of the city of Sibay and the Khaibullinsky district, Rinat Zabirov, writes: “Citizens who are in reserve, called up for military service by mobilization until October 4, 2022, who have three children, are not subject to return from military units.”

Why until October 4th? Yes, because the explanations of the General Staff came out on October 4th.

Perhaps the military commissar of Sibay simply did not hear that the regulatory acts of clarification, which alleviate the situation of citizens, are retroactive? Then another question follows: is everything in order with the military commissar with official compliance? Is it complete enough?

However, military lawyers in hot pursuit have already developed an algorithm for protecting the rights of erroneously mobilized citizens. Chairman of the Moscow Military Bar Association Vladimir Trignin told MK how it works.

So the first step is going to court. You need to write an administrative complaint. The defendant is the military commissariat that made the decision to call up the citizen.

The second and most important step is to apply for the application of preliminary protection measures to the mobilized person.

“This petition will ensure the suspension of the execution of the decision of the draft commission on the mobilization of a citizen,” Trignin said.

The third step – simultaneously with the claim and the petition, an appeal is filed with the military prosecutor’s office. Finally, the fourth step is to apply through the electronic reception to the Presidential Administration and the Prosecutor General’s Office.

Although the algorithm is new, it is already working, and not only in Moscow. Here, for example, is the decision of the Oktyabrsky District Court of the Chelyabinsk Region of October 17. The story is typical: a 40-year-old father of three children, who was engaged in agricultural work for grain harvesting, fell under partial mobilization. The military commissars sent a large grain grower to a tank division.

The court ordered to oblige the draft commission and the military commissariat of the Chelyabinsk region to review the decision on the draft. Moreover, as the court noted, the same clarifications from the Directive of the General Staff of October 4 should become the regulatory framework for the revision.