Military registration, as a system of measures to prepare the contingent for mobilization, is determined by the activities of several entities at once.
- The immediate person who is subject to conscription.
- The administration of the educational institution in which the citizen subject to primary registration is undergoing training.
- The head of the organization that has formed an employment relationship with the citizen.
- Local government bodies.
- Military Commissariat.
The system of relations between subjects is based on the fact that, under the auspices of military registration and enlistment offices, authorized authorities or the administrative apparatus of the organization, as well as persons charged with responsibility, are responsible for the status of citizen registration.
Naturally, with such a distribution of responsibilities, constant checks must be carried out. However, they can only be carried out in relation to the organization that provided work to the person liable for military service. In other cases, internal authorities are involved to eliminate violations of the approved military registration rules.
The Basic Law on Military Duty provides for several types of identified violations of military registration. Punishments for these violations are prescribed in the Code of Administrative Offenses in the form of separate articles. Therefore, in order to find out which administrative offenses in the field of military registration appear in the articles of the code, it is necessary to consider each of them in detail.
Failure to submit lists
Lists of certain categories of citizens who must be registered are submitted by the administration of the school, secondary school or officials responsible for military training to the military registration and enlistment office for initial registration. A violation of the law consists in the fact that employees authorized to perform the specified work violate the procedure for providing lists or do not provide them at all.
A representative of the administration of an educational institution who is responsible for military registration work, the head of an organization if it has less than 500 people on staff, a responsible employee appointed by order of the head to resolve accounting issues, a representative of local government bodies are found guilty.
The guilt of these persons is recognized even in the case of proper maintenance of military records with the filling out of current data, but if the deadlines for submitting the list are violated. Liability, which implies a financial penalty of 300-1000 rubles, is provided for in Article 21.1 of the Code of Administrative Offences.
Find out: Who is subject to military registration and who is not
Conscripts were required to register with the military at their place of actual residence. What does it mean?
On February 6, 2020, the President of the Russian Federation signed a law according to which conscripts will be required to register for military service at the military commissariat at their actual place of residence, regardless of whether they are registered. Lawyer of the human rights organization “Soldiers' Mothers of St. Petersburg” Alexander Peredruk spoke about the consequences of the legislative innovations.
As it was before?
Previously, all citizens were registered with the military commissariat exclusively at their place of residence (permanent registration) or at their place of stay (temporary registration). If, for example, a young man moved from Murmansk to St. Petersburg and rented an apartment there, without having registration in St. Petersburg, he continued to be registered with the military in Murmansk, which actually made it impossible for the military commissariat to notify him of the need to appear with for the purpose of conscription.
On the other hand, problems arose among those conscripts who wanted to register for military service, but the lack of registration did not allow them to do so.
What changed?
Now the provisions of the Federal Law of March 28, 1998 No. 54-FZ “On Military Duty and Military Service” provide that a citizen is obliged to be registered with the military at the place of his actual residence, regardless of whether he has the appropriate registration. The law directly establishes that a citizen’s lack of registration at his place of residence and place of stay does not exempt him from the obligation to be registered with the military and cannot serve as a basis for refusal to register with the military.
When is a citizen required to register for military service at his place of actual residence?
Such an obligation arises when moving to a new place of residence or place of stay for a period of more than 3 months (clause 50 of the Regulations on Military Registration, approved by Decree of the Government of the Russian Federation of November 27, 2006 No. 719).
For example, if a conscript studying by correspondence temporarily leaves for another city in order to take a test that lasts two months, then in this case there is no need to register for military service at the new place of residence.
However, if the move is associated with full-time (full-time) training and the young man will live in the new city for more than three months, then in such a situation, military registration at the new place of residence will be mandatory.
I went to live in another city, studying full-time or working. How will the military registration and enlistment office find out about me?
The law imposes on employees of organizations responsible for military registration work the obligation to send to military commissariats, within two days, information about cases of identifying conscripts who are not registered with the military, but are required to be registered. In addition, they are required to serve citizens with summonses for military registration.
If an employer or university employee evades fulfilling his duties, then he will face a fine.
How to register for military service at your place of actual residence?
A citizen must come to the military commissariat and provide information about the place of stay (study), including those not confirmed by registration, after which the conscript will be registered with the military.
What liability is provided for failure to register for military service at the place of actual residence?
First of all, administrative - in accordance with Article 25.1 of the Code of Administrative Offenses of the Russian Federation, failure to appear at the military commissariat within the prescribed period for military registration and making changes to military registration documents when moving to a new place of residence entails a warning or the imposition of an administrative fine in the amount of one hundred to five hundred rubles . However, the amount of fines may increase - yesterday a bill was introduced into the State Duma proposing a tenfold increase in fines for draft evaders. Considering that the amendments were introduced by a deputy from United Russia, there is a high probability that the law will be adopted.
However, under certain circumstances, a conscript may also be brought to criminal liability - the Supreme Court of Russia has already explained that if a citizen, having the intent to evade conscription for military service, arrives at a new place of residence without registering for military service in order to avoid being handed over to him against the personal signature of the summons of the military commissariat, then what he did should be qualified under Part 1 of Article 328 of the Criminal Code of the Russian Federation (clause 6 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of April 3, 2008 No. 3).
At the same time, citizens who violated the rules of military registration, but were not subject to conscription for military service, for example, due to the presence of a deferment for study (see paragraph 3 of the above-mentioned Resolution of the Plenum of the Supreme Court), will not be able to be held criminally liable.
When will the new rules on military registration come into effect?
The law was published on February 6, 2020. Since the text of the document does not provide for the procedure for entering into legal force, as a general rule this will happen after 10 days.
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Failure to notify citizens (late notification) about a call to the military registration and enlistment office
The violation consists of the fact that the person obliged to personally deliver the summons to the conscript or person liable for military service did not do so or did not take any action to notify him in a timely manner. A similar violation is considered to be a situation where the employer did not release the employee for the period specified in the summons or did not provide him with the opportunity to travel to the military registration and enlistment office.
A summons is handed over to a citizen only by an authorized person, without intermediate intermediaries, but in person against a signature. Handing over a subpoena to a third party or leaving it in a “conspicuous place” also qualifies as a violation.
The employer or a responsible employee in the organization, the head of the enterprise's management system or a representative of the local government body is subject to punishment. According to Article 21.2, untimely issuance of a summons provides for the imposition by the military commissar, at the discretion of the military commissar, of a fine of 500-1000 rubles.
Fine amount
Russian legislation has strict rules when it is necessary to register with the military registration and enlistment office for the first time.
In time, this process begins from the beginning of January to the end of March. If a man has changed his place of residence, he must leave within 2 weeks and be assigned to the military registration and enlistment office of the new area. If the deadlines are violated, then a fine is imposed for failure to register with the military.
in the amount of 100 -150 rubles. The same fine is given if the young man did not promptly report a change in marital status, information about his position and place of work, education, as well as in case of conscious or unconscious damage to the registration certificate or loss of it.
Failure to provide lists of migrating citizens
The peculiarities of military registration for citizens who decide to change their place of residence is that if they are in a new place for more than 3 months, they must be registered with the military registration and enlistment office of the given municipality. The responsibility of the citizens themselves will be discussed a little later, but now it is necessary to understand that when changing registration, the official responsible for the VUR in the entity where the citizen previously resided is obliged to notify the commissariat authorities about his departure.
The rules for registering newly arrived citizens are considered similarly. They can be recorded by companies involved in the operation of public residential buildings and dormitories. A violation for failure to provide information is recorded after the expiration of the allotted period.
According to Article 21.3, responsible employees of the department of the military registration table are subject to a fine of 300-1000 rubles.
How to register for military service when moving?
A primary violation of the procedure for passing military registration is an administrative violation that entails administrative liability.
In 2020, the maximum penalty is limited to a fine of 100 to 500 rubles. However, this point is subject to consideration. The new bill is expected to increase this amount 10 times. This is due to the fact that most conscripts are willing to pay the minimum amount without any particular difficulties, constantly violating the rules of military registration. If deputies support this innovation, the amount of the fine will increase to 3,000 -5,000 rubles.
Failure to provide up-to-date information
Maintaining military records involves not only collecting information, but also its periodic updating and reconciliation. Violations are identified during routine inspections. Article 21.4 of the Code of Administrative Offenses provides for a fine for failure to maintain a registration document or failure to update information.
Find out: When they are removed from military registration based on age, how this is done
An example is the actions of a medical and social examination employee after assigning a disability to a citizen. If this fact is not reported to the military registration and enlistment office in the prescribed form within two weeks, then the above-mentioned employee is considered a violator of the law on military duty.
When the marital status of a citizen liable for military service changes, the corresponding notes are made in the personal card at the place of work. However, civil registry office employees are required to notify the military registration and enlistment office of changes in credentials.
When concluding a business relationship with a newcomer, the employer is obliged not only to enter his personal file into the file cabinet, but also to provide information to the military registration and enlistment office. After two weeks, he will be considered a violator and will be fined according to the decision of the military commissar.
General provisions on registration with the military registration and enlistment office
Federal Law N 53-FZ “On Military Duty and Military Service” (hereinafter N 53-FZ) in Article 9 Part 1 stipulates the age at which this duty is imposed on a citizen:
“The initial registration of male citizens for military service is carried out from January 1 to March 31 in the year they reach the age of 17 years.”
Failure to appear at the military registration and enlistment office within the required period does not relieve the conscript of responsibility, but, on the contrary, secures his obligation to do so throughout the current year. Article 9 Part 4 N 53-FZ:
“Initial military registration of citizens. those obliged to appear for initial military registration, but who did not appear within the time limits established by paragraph 1 of this article, are carried out by military commissariats throughout the entire calendar year.”
Also, during the year, the following are placed on primary registration at the military registration and enlistment office (according to Article 9, Part 4 N 53-FZ):
- female citizens who have acquired a military specialty;
- persons who have received Russian citizenship;
- citizens released from prison;
- citizens who lived abroad but arrived in the Russian Federation for permanent residence.
If a citizen who has received a summons does not work or study, he must personally, at the time established by the summons, appear at the military registration and enlistment office in order to register (Article 9, Part 3 N 53-FZ).
The obligation to carry out military registration is assigned to military registration and enlistment offices, which carry out registration of citizens
“at their place of residence, and citizens who arrived at their place of stay for a period of more than three months or are undergoing alternative civil service - at their place of stay.” (Article 8 Part 2 N 53-FZ).
In territories where there are no branches of the military registration and enlistment office, their functions and powers are carried out by local government bodies of settlements and urban districts. Article 10, Part 1 N 53-FZ obliges citizens to come to the military registration and enlistment office at the time appointed by the agenda in order to register at their place of permanent residence.
Violations by citizens of the provisions on military registration
The most popular material and the most voluminous, since it concerns the punishment of the citizen himself, is fines for evading registration with the relevant authorities or failure to comply with the allotted deadlines. Let's consider examples when the actions of a citizen are considered a violation of the law.
- The citizen was duly served with a summons, but he did not appear at the military registration and enlistment office at the appointed time. Lateness is also considered a violation. There are a number of valid reasons: illness, death of a close relative, force majeure. If there is no evidence, then these reasons are not considered.
- The citizen did not notify about the change of residence. Despite the fact that registration on a temporary residence permit must be carried out in case of a stay of more than 3 months, 14 days are allotted for notifying the commissariat. Inaction is considered a violation and provides for a fine for late registration.
- The citizen does not notify the competent authorities about changes in personal data. These include place of work, marital status, education, and health category.
The listed violations are considered in Article 21.5 and prescribe a fine by decision of the military commissar in the amount of 100-500 rubles. In some cases, a warning may serve as an alternative to a fine.
Find out: How to fill out the T-2 form and other information about military registration
In the same paragraph of violations, we will consider another situation when a citizen violates the law. At the draft board, a citizen can complain about a certain disease. The military commission sends him for additional examination, since he should not do this on his own. Refusal to undergo additional examination is interpreted as a violation of the law and, according to Article 21.6, entails a warning (again at the discretion of the commissioner) or a fine of up to 500 rubles.
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Kolesnikova Anna
Military registration specialist, assistant department head
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When are they not punished for failure to appear on a summons?
Federal Law No. 53 in force in Russia provides for a number of grounds that are considered valid for failure to appear at the military registration and enlistment office. The reasons are listed in Article 7 of this law:
- Loss of ability to work due to illness or injury.
- Natural disasters, catastrophes and other force majeure circumstances.
- Caring for close relatives (spouse, siblings, children, adoptive parents and grandparents).
- Other reasons and circumstances recognized by valid representatives of the draft commission and judicial authorities.
The presence of legal grounds does not exempt from liability for failure to appear at the military commissariat. Any of the above reasons must be confirmed by an official document. Illnesses and injuries are confirmed by medical reports and extracts from the hospital, the death of a relative by a death certificate, natural disasters by certificates from the local administration.
For forgery of documents and simulation of illnesses, those liable for military service are subject to criminal prosecution.
Increase in fine
A small amount of the fine leads to conscripts violating the deadlines. It is much easier to pay a little money than to waste time traveling to the military registration and enlistment office and waiting in line.
Therefore, members of the Legislative Assembly introduced a bill to the Duma, according to which the amount of the fine for failure to register with the military will be increased and will amount to more than 1,000 rubles (up to 3,000). There is also another parallel bill that proposes to increase the amount of the monetary penalty to 5,000 rubles.
The Duma also invited young people to come to the military registration and enlistment office on their own to update the data in their personal file. The project may be sent for revision.
