Alternative civil service. Replacing military service with alternative civilian service

The right to alternative civilian service is available to persons whose beliefs or religion are contrary to being in the army. This feature is set in Art. 59, part 3 of the Constitution. The list of grounds on which military service is being replaced by alternative civilian service is not considered exhaustive. This list has been left open indicating the possibility of existence of other reasons provided for by the norms. Next, we consider in more detail what constitutes an alternative civil service of the Russian Federation.

Legal aspect

The procedure in accordance with which the referral of persons to the ACS is carried out is established by the Law "On Alternative Civil Service", as well as the normative acts adopted on its basis. The provisions of the Federal Law provide an additional basis - belonging to a small indigenous people. In this case, taking into account the inductance of a traditional economy and engaging in crafts is taken into account.

Characteristic

Alternative civil service is a specific type of activity carried out in the state and public interests. Persons who should be credited to the reserve are not sent to the AGS. Alternative civil service is an activity that is carried out by those who would be enlisted in the army if they had no reason to be sent to the ACS. In this regard, draftees who are deemed unfit or have health restrictions are credited to the reserve. The Law on this occasion provides a list of persons who are not sent to the ACS. These include citizens who:

• They have grounds on which they may be granted a deferment.
• Not subject to appeal.
• They have grounds in accordance with which they can be exempted from military service.

Appeal to the Commissariat

In order to exercise his right to alternative service, a conscript must personally submit an application. Paper should be brought:

• Until April 1, those who should be called in October-December this year.
• Until October 1, those who are to be sent to the service in April-June next year.

For some categories, different deadlines for submitting applications are set. In particular, this provision applies to those who enjoy deferrals. If their deadlines expire after the completion of the regular draft, in case of premature termination of the grounds, citizens can submit an application reflecting a request to replace the military service with an alternative one, after April 1 or October 1, within 10 days from the elimination of the reasons for the deferment. In violation of this procedure (untimely appeal to the commissariat), the person loses the indicated opportunity. This requirement also applies if a citizen has grounds for enrolling him in an alternative civilian service.

Important point

The ground (religious, pacifist and other provided by law), which may impede the service of conscription, may arise at any time and during the period starting from the end of the period allotted for appeal to the commissariat until the commission makes a decision regarding the citizen, including. Failure to provide an opportunity to a person who has beliefs that do not allow him to be in the army, to be sent to the ACS means infringement of his constitutional interests and freedoms.

Commission decision

Within a month from the date of expiration of the period in which you can apply, a citizen is summoned to a meeting. The draft board considers the appeal in the presence of a person who wants to go to the ACS. After listening to the performance of the conscript, other persons, having examined the documents and other materials provided by the applicant, the officials make a decision. It may contain a conclusion on the replacement of military alternative service or a reasoned refusal to satisfy the appeal.

Rejection of petition

The Federal Law establishes the grounds according to which the commission may refuse an applicant who wants to replace military service with alternative civilian service. These include, in particular:

1. Violation of the order or term of circulation.
2. Inconsistency of the characterizing papers and other data with the conscript's arguments about his beliefs that create an obstacle to military service.
3. Twice failure to appear at a commission meeting without a good reason.
4. Intentional indication in the application and other papers attached to it of false information.
5. Avoidance of alternative civilian service in the past.

If the application has been satisfied, the conscript is given a referral for a medical examination and a summons to the meeting to resolve the issue of direct dispatch to the ACS. If the citizen was denied, then he goes to military service in accordance with general grounds. Conclusions and decisions of the draft commission, which prevent the referral to the ACS, the draftee may appeal both to the court and to a higher commission.

The timing

The draftee, in respect of whom it was decided to enroll him in the ACS, is sent to the place of its commissioner. The duration of the alternative service exceeds the military service life by 1.75 times. She is:

• For conscripts sent to the ACS after 01.01.2008 - 18 months.
• For persons who have graduated from municipal, state educational institutions or have received state accreditation in the relevant specialties (areas of training) of non-state educational institutions of higher education and enrolled in alternative service before 01.01.2008, - 18 months.
• For other citizens sent before Jan 1. 2007 year - 36 months
• For persons enrolled in the AGS from Jan 1. through Dec 31 2007, inclusive, - 27 months.

Civilian Alternative Service

Draftees can carry AGS individually or as part of formations and groups in organizations:

1. Under the jurisdiction of the federal executive bodies.
2. Subordinate executive authorities of the constituent entities of the Russian Federation.
3. Russian Armed Forces, other troops, formations and institutions as civilian employees.

World Opinion

The Resolution adopted by the UN Commission emphasizes that alternative civilian service should be non-combatant. The form of carrying it should serve the public interest and be adequate, "non-punitive" duration. These definitions are similar to those given in the Recommendation by the Committee of Ministers of the Council of Europe that the duration of alternative service in comparison with military service should be within reasonable limits. Together with the introduction of the ACS, the state may establish the procedure for organizing unarmed units. They may serve citizens whose reasons for the refusal concerned the personal use of weapons. This Recommendation also contains an additional comment. Its essence lies in the fact that people on the ACS should not be infringed either socially or financially. Legal provisions and norms in accordance with which the inclusion of military service in the experience, the definition of pensions and promotions, must also be attributed to the alternative. The Resolution of the European Parliament also states that the duration of the ACS should not exceed the length of stay in the army by more than 50%.A longer duration is needed only as a compensation for the time of the backup exercises. The Resolution also calls for citizens who perform alternative service to be protected from the exploitation of their labor and to pay for their activities equal to that received by those drafted into the armed forces. At the same time, the document recommends that draftees who have alternative service should be able to undergo training and subsequent vacation training, similar to what is provided for while in the ranks of the troops.