Military service is the most important type of civil activity in Russia. Naturally, such an important phenomenon should be regulated by law. What are the legal foundations of military service? This article will provide an answer to this question.
About legal sources
Of course, the Russian Constitution is the most important and largest source in the legal basis of military service. It is worth paying attention to article 59 of the basic law of the country. It is here that the protection of the state is referred to as the duty and duty of each and every citizen. Article 59 enshrines the rule according to which every capable Russian male who has not reached the age of 27 years must perform military service in strict accordance with Federal law. However, if the citizen’s convictions are contrary to military duty, an alternative in the form of a civilian service may be offered.
What else is the Russian Constitution talking about? It is worth highlighting Article 71, in accordance with which the exclusive jurisdiction of federal bodies includes issues of peace and war, security and defense, protection of the state border, etc.
The legal basis of military service in Russia is not limited to the Constitution alone. There is a federal law "On Military Duty and Military Service" of 1998. It is in this normative act that all the main provisions relating to the performance of military duties by citizens of the Russian Federation are fixed.
About military duty
The legal basis of military service in the form of a draft bill enshrines the concept of military duty. According to the normative act, the concept under consideration is a combination of such elements as:
- stay in stock;
- preparation for service;
- military draft;
- military registration;
- call for military training.
The concept of military duty during the mobilization period is separately regulated.
The following components are worth mentioning here:
- call for service;
- military training;
- passing service.
The law speaks of the principle of voluntariness, according to which citizens can fulfill their constitutional duty.
State Responsibilities
The legal basis of military service is a set of norms containing provisions on various elements of military service. Article 4 of the Federal Law under consideration enshrines the rights and functions of state authorities in the field of military service.
Officials responsible for military registration activities must promptly notify citizens of the need to come to the military commissariat, ensure the possibility of appearing in military registration and enlistment offices, and also send in two weeks all the documents necessary for military registration.
The internal affairs bodies, in turn, must search for citizens evading military registration, handing in summons and detaining individuals accused of evading military service.
The main measures to ensure military service
The legal basis for military service contains provisions on the implementation of measures ensuring the quality performance of military duties. What kind of events can they be?
Article 5 of the bill in question refers to a medical examination and examination, registration, the formation of a human mobilization reserve, the construction of military educational organizations, the close cooperation of various public authorities with the Ministry of Defense, etc. The law establishes a fairly clear hierarchical structure, in accordance with which persons participating in the provision and implementation of the measures presented should receive monthly earnings and travel expenses.
On the organization of military registration
The UCP resulted in a clear and high-quality organization of military records. This phenomenon is legislated in article 8 of the Federal Law under consideration. In accordance with 53-FZ, all citizens must undergo military service, with the exception of:
- persons already serving in the military;
- citizens who are by decision of the court in places of deprivation of liberty;
- women without a military certificate;
- persons residing outside the Russian state on an ongoing basis;
- citizens serving an alternative type of civil service.
Regional authorities of local self-government are able to submit a request to the organization to obtain information necessary for military registration, to notify citizens about the need to appear at the military registration and enlistment office, to determine the procedure for admitting citizens, etc.
What information about a citizen should documents contain? This is the surname, name and patronymic, place and date of birth, availability of education, place of work, degree of fitness for military service, anthropometric data, etc.
On the preparation of a citizen for military service
What elements, in accordance with article 11 of the Federal Law under consideration, include preparation for military service? The normative act contains data:
- on obtaining basic knowledge in the field of defense;
- on the basics of military service;
- about patriotic education;
- a medical examination;
- on training in military specialties (for sailor, sergeant, foreman, etc.).
The acquisition of knowledge by Russian citizens in the field of defense is carried out in educational organizations. The program includes the acquisition of a minimum amount of knowledge about civil defense and civil skills, as well as in the field of life safety.
The legal foundations of military service in the Russian Federation also reinforce the concept of military-patriotic education. It is agreed by the Government of the Russian Federation together with the Ministry of Defense. Preparation takes place directly in the troops. The program is financed from the state federal budget.
About military recruitment
Articles 22-26 of the Federal Law in question enshrine the grounds for military draft. According to separate regulations, all men between the ages of 18 and 27 are subject to draft, which are required to be on military records. Persons with limited fitness for military service due to health reasons are exempted, as well as citizens who have already completed military or civilian alternative service. Persons with a scientific degree may be exempted from the service.
Secures the law and terms of the call. There are always two periods: from April 1 to mid-July, from October 1 to the end of December. The form of the appeal is as follows:
- attendance at a medical examination and at a meeting of the draft board;
- turnout at the place of military service indicated on the agenda.
For all events, one way or another connected with the draft, citizens are summoned by summons. The following persons make up the draft board:
- the head of the municipality or a person replacing him;
- Deputy Chairman of the Commissariat;
- secretary of the commission;
- medical examiner;
- representative of the relevant authority from the department in the field of education;
- Employee from the employment service.
Depending on the region, the commission may be replenished with new persons. Reducing the same composition is strictly prohibited.
Legal basis for contract military service
How can a military contract be characterized? In accordance with article 32 of the law in question, this is a written document drawn up in accordance with the Regulation on military service.
The document is sent to the Ministry of Defense of Russia or any other government agency specializing in military service. The contract itself states the desire to do military service on a voluntary basis. The terms and conditions of the contract are indicated. The document shall enter into force upon signature and promulgation by an official.
The legal foundations of military service under the contract are thus strictly regulated by the norms of the Federal Law.
On the performance of military duties
Each and every serviceman must perform the following types of duties:
- participate in hostilities, engage in tasks in martial law or emergency situations;
- perform official duties established by laws and the charter;
- to carry out combat duty;
- take part in exercises or ship trips;
- engage in the execution of orders or orders issued by the commander;
- undergo military training and exercises;
- protect the health, life and honor of the individual;
- participate in the prevention and elimination of the consequences of natural disasters, disasters, etc.
Commanders, in turn, are prohibited from giving orders that are not related to military service or violate the laws of Russia.