The legislation of the Russian Federation establishes the obligation of male citizens to perform military service upon reaching a certain age. Moreover, the rules provide for certain procedures related to the registration of potential recruits in authorized bodies. Conducting military records in Russia is carried out in accordance with Federal Law No. 53, the Regulations approved by Government Decision No. 719 of November 27, 2006, and other regulatory acts. Consider the basic rules below.
General information
Military registration is a method of summarizing information about the country's mobilization and draft resources. As a general rule, it is carried out at the address of residence or stay (in relation to persons who arrived on the territory of the Moscow Region for a period of more than three months). Military registration of citizens is carried out by local commissariats or specially created competent commissions.
Classification
The law uses a term such as "initial military registration." This action should be distinguished from the registration of persons in the commissariats on general grounds. Differentiation of these procedures is carried out by:
- A circle of subjects. Initial military registration is the registration of persons who have reached 17 years of age.
- The deadline for the implementation of activities. Registration of entities on common grounds can be carried out throughout the year. From January 1 to March 31, the initial work is carried out. In this case, military registration is carried out by authorized commissions, and not by the commissariats.
Organ activities
Military registration is a legally significant procedure. It involves the commission of certain, legislatively fixed, actions. The basis for the implementation of the established procedures is the decision made by the bodies carrying out military registration. The age of primary recruits, as mentioned above, is 17 years. To register, a person undergoes a medical examination. Based on its results, a decision is made on:
- Introducing for consideration by the commission the issue related to exemption from the obligation established in the Federal Law No. 53. The reason for this action is the recognition of unfitness for service.
- Submission for consideration of the issue of enrolling the subject in the reserve. This decision is related to the recognition of a person as of limited fit.
- Military registration of citizens subject to initial registration.
Conflict of norms
In accordance with the above information, persons who will be deemed unfit or have limited fit for service should not be put on military records. However, clause 34 of the Regulation indicated at the beginning of the article contradicts the requirements of Federal Law No. 53. This act gives the commission the authority to register persons who are considered to be of limited use or unfit for service. In this case, there is a conflict of norms. As a general rule, in such a situation, the one that is provided for in a higher act in the hierarchy is subject to application. Accordingly, paragraph 34 of the Regulation does not apply in these cases.
Controversial moment
It is not entirely clear how a commission resolving issues related to persons with limited qualifications and disabilities can make decisions regarding them. According to the provisions of Article 22 (paragraph 1) of the Federal Law No. 53, entities subject to or must be registered are subject to appeal. Accordingly, other persons are not called up for service, and the commission, in turn, cannot make any decision regarding them. Meanwhile, it must be said that one entity may be declared unfit on March 31, and on April 1 already be registered in the framework of certain events.
Turnout
Federal Law No. 53 obliges authorized bodies to notify of the need to arrive at events related to the initial registration. Notification of this is carried out by sending a subpoena. If the entity failed to appear for notification for disrespectful reasons, an administrative penalty may be imposed on him. A sanction is a warning or a fine.
Medical Examination
It is organized by a commission authorized to carry out military registration. Within the framework of a medical examination, the category of fitness for a person to serve is established. One nuance should be taken into account here. The definition of a category in the initial accounting does not mean that in the process of recruitment it will not be changed. When resolving the relevant issue within the framework of the survey, a conclusion on the suitability of the subject will be issued again.
Military Records
They are issued by authorized bodies at the address of registration of persons. Entities that are credited to the reserve are issued a military ID. Persons subject to appeal shall be issued a certificate with the appropriate entry. When the subject is released, he is credited to the reserve. Accordingly, he is issued a military ID. Persons with a deferment from conscription shall not be credited to the reserve. Consequently, they are subject to appeal. A military card is not issued to such persons until they are transferred to the reserve on the basis of release, attainment of 27 years, etc.
Issuance Features
The identity of the subject to be called up is provided to him under the subscription. Issuance is carried out on the day of the examination for registration with the military. Forms are drawn up in accordance with the Procedure for creating a file of files for conscripts. A ticket shall be issued to persons credited to the reserve within ten days from the date of the adoption of the relevant decision or receipt of the statement of the commission protocol. Calculation is carried out in working days. According to some experts, there is an imperfection of the wording of the rules on military registration. Filling of papers within 10 days may not occur. This is due to the fact that the decision of the commission may not go through the approval procedure established by the norms. The legislator intended to count down the 10-day period from the date of its adoption. However, the norm was designed so that the person credited to the reserve was given the opportunity to demand a ticket at the end of the specified period, even if the commission’s decision was not approved.
Common misconceptions
There is an opinion that the absence of a military registration form in a person prevents:
- Registration at the address of stay and residence. Previously, the Rules of registration of persons at the place of residence / location included the requirement to provide military registration documents. But by government Decree No. 599 of 08/14/2002, this requirement was canceled.
- Admission to state universities, which are established by the executive structures of the federal government. A complete list of documents required for admission is provided in sect. IV Order governing the admission of persons to educational institutions of higher vocational education having state accreditation. The rules are approved by Order of the Ministry of Education and Science No. 422 of October 21. 2009. In accordance with the Procedure, the submission of a document issued by the military registration authority is carried out by entities that served in the conscription service and were dismissed from it and have the right to use the results of the Unified State Examination passed during the year prior to conscription within a year after that .
- Obtaining / replacing a passport of the Russian Federation. In accordance with paragraphs 34.5 and 35.4 of the FMS Regulation, approved by Order No. 399 of 12/07/2009, persons holding a military ID must provide it to the appropriate unit of the Migration Service. However, this requirement does not apply to entities that do not have it. The requirement to provide a certificate of the person to be drafted is not stated in the Administrative Regulations.
- Obtaining a passport. In accordance with paragraph 34 of the above Rules, men who are 18-27 years old living in the Russian Federation, to confirm the accuracy of the information that they are not called up for military service or are not sent to alternative service, present a military ID in the corresponding FMS unit with a note on the completion of a stay in the Armed Forces or a certificate from the commissariat at the address of residence.
However, a number of requirements are present in the TC. According to the provisions of Article 65 of the Code, persons liable for military service and subjects subject to conscription must provide relevant documents.
Activity specifics
Military records must be kept constantly. It should cover persons in stock and entities to be drafted. The work of the accounting system is provided by the Ministry of Defense, the Ministry of Internal Affairs, the Foreign Intelligence Service , the FSB, the structures of the federal, regional, local executive authorities, as well as organizations, regardless of their legal status. The key requirements for the activity of generalizing information are ensuring the reliability and completeness of data reflecting the state of mobilization and recruiting resources. Accounting in organizations is coordinated by the General Staff of the Armed Forces. The commissariats carry out scheduled inspections of institutions together with authorized employees of the executive structures of regional and territorial authorities.
Reservation
Military registration in institutions should be carried out by specially appointed staff. In this case, the established standards must be observed. They provide for:
- the allocation of 1 exempted officer in the military registration of 500-2000 citizens;
- 2 - with 2-4 thousand subjects;
- 3 - with 4-7 thousand people.
For each next 3 thousand people, an additional one specialist is provided. If the company has less than 500 hours, military registration in the organization may be assigned to one of the employees in combination. The costs associated with the collection and synthesis of information are borne by the institution itself. The head should allocate for employees engaged in military registration in the organization , a specially equipped room equipped with iron cabinets to ensure the safety of materials. Separate categories of employees are granted a deferment from conscription for mobilization and during hostilities. Such work is aimed at providing enterprises with labor resources.
Goals and objectives of VU
Military registration is aimed at:
- Ensuring the fulfillment by individuals of obligations stipulated by federal laws.
- Determination of the qualitative and quantitative composition of mobilization and draft resources with a view to their effective use in the defense of the country.
- Carrying out planned activities to prepare the necessary specialists from among the people in reserve to carry out work related to the transfer of armed forces, troops, formations, organs of the Verkhovna Rada, the FSB, etc. from peacetime to military and subsequent manning.
Duties of draftees
They are provided for in Article 10 of the Federal Law No. 53. In accordance with the norm, draftees must:
- To be registered at the place of residence / stay at the commissariat.
- Appear on the agenda or call the appropriate authorized body.
- In a two-week period, inform the commissariat or other responsible structure about the change in their marital status, place of professional activity or position, education, about moving to a new address within the Moscow Region.
- Appear within 14 days to the authorized body for registration, removal from it, making changes to previously issued documents. This requirement applies to persons who have moved to a new place of residence / stay located outside the municipality where the registered office is located for a period of more than three months, or who leave / enter from / to the Russian Federation for more than six months.
- Take care of documents issued in connection with military registration. If they are lost within two weeks, the person shall notify the commissioner or the appropriate authorized body about this to resolve the issue of receiving duplicates.
Explanations
According to the Rules of registration and deregistration of citizens at the address of residence / location, the place of stay may be a sanatorium, rest house, hotel, tourist base, hospital, other similar premises in which the subject does not live permanently. Persons who arrived on the territory for more than 90 days. for temporary residence, they must contact the authorized bodies for registration. At the same time, subjects are not deregistered at the place of their permanent residence. Registration is made within three days. The place of residence is the address where the person predominantly or permanently lives as the owner, tenant of the premises or in a different status provided by law. This may be a house, apartment (including service), a hotel, a hostel, etc. A person who has changed his place of residence must come to the registration authority no later than seven days from the date of arrival at the new address. Registration is carried out by putting the appropriate mark in the passport. Persons can only register in one room at the place of residence. A citizen leaving the country must submit to the commissariat the certificate of the subject to be drafted. It is attached to the case. When a citizen residing outside the country reaches 27 years, it is destroyed.
The legislation establishes liability for the intentional destruction or damage of a document issued by the commissariat. Sanctions are imposed for careless storage of it, if it entailed its loss. In accordance with the Code of Administrative Offenses, the subject is brought to administrative responsibility. Punishment is charged in the form of a warning or a pecuniary punishment. These sanctions are established by Art. 21.7 Administrative Code.