Do they take into the army with a criminal record? This question is of interest to many men. After all, military service is an important process for every citizen of the Russian Federation. Often, people who have not been in the army have employment problems. To avoid this, you have to go to the service. But can they take into the army with a criminal record? What rules are established by modern Russian legislation in this regard?
Holy duty
Actually the question is very difficult. It is not so simple to understand the norms established in the country. The Constitution of the Russian Federation indicates that military duty is the duty of the entire adult male population of Russia. So, everyone must go through military service without fail.
Yes, there are exceptions. But only in the presence of certain circumstances. Are they drafted into the army with a criminal record? How strong is the argument for deferment or complete release?
The concept of criminal record
Before you understand all this, it is worth understanding what a criminal record is in general. This term should mean something specific!
The way it is. A criminal record is the position of a citizen in which he will be after the entry into force of a court decision. In fact, the term refers to something like the state in which the intruder is in. And this is a confirmation of a violation of the law of the country. That is, a criminal record is a kind of pointer to a crime committed by a person.
In general, it can be removed ahead of schedule. Or it ends after the term of serving a sentence in one form or another has expired. True, much depends on the severity of the crime committed, as well as the damage caused. Do they take into the army with a criminal record? The answer is not as simple as it seems. We will have to take into account many points and features of Russian legislation in this regard.
Legislation
What does the law say in this regard? Everything is much more serious than it seems. The thing is that if you think about whether they will be taken into the army with a criminal record, you will have to turn to the Federal laws. More precisely, to the provision "On military duty and military service." This law was adopted back in 1998, on March 28.
It is in it that the answer to the question posed before us is indicated. What exactly does this federal law say? According to its text, conscripts who have a criminal record cannot be called up for military service. But not so simple. On the one hand, there is the Federal Law of March 28, 1998, and on the other, the Constitution of the Russian Federation. It turns out that these two components of Russian law contradict each other. But this is not so!
An exception
Why? Because in the Federal Law "On Military Duty" there are some clarifications regarding our current issue. After all, no law can be adopted if it is contrary to the Constitution.
Do they take into the army with a criminal record? Yes, but with only one small clarification. It must be repaid. That is, if a citizen has ever been tried under any article, this will not be an obstacle. But at the time of serving the sentence no one will be able to call a person to the service. That is how the law "On Military Duty" operates.
In principle, there is nothing difficult to understand. Either the criminal record is extinguished in connection with the end of his term, or it closes ahead of schedule. This is not so important. But as soon as a citizen withdraws his criminal record, the possibility of serving in the country's armed forces is restored. No other is given.And now it’s worth considering in more detail everything that relates to the peculiarities of having a criminal record and military service!
When they call
For example, a little specificity about when exactly a citizen can be a conscript. Firstly, his age should not exceed the established norms. Namely - 27 years. If we are talking about a citizen with whom a criminal record is removed at a later age, there can be no talk of any army.
What else is worth paying attention to? The fact that conscripts can be appointed by the district military registration and enlistment office after being released from prison. As a rule, citizens are not sent directly from places of deprivation of liberty to serve.
A call is possible when the inquiry or investigation in the case is terminated. And all the same, for what reasons. If a person is under suspicion of a certain offense, he cannot be called. But when the charges are dropped or found unfounded, military obligations return to the "defendant."
Repayment conditions
Are there any chances to get into the army with a criminal record? As we have already found out, yes. Without any problems, the entire male population of the country, having reached the age of majority, is called up for military service. Moreover, having a criminal record is not such a big obstacle. If it is paid off, there will be no problems with the call.
So what conditions must be observed to “close” a citizen’s special position? To begin with - the immediate expiration of the judicial opinion. Then the criminal record is completely terminated. Yes, the mention of it will remain in your personal file, but nothing more. Are people now taking the convicted to the army? Yes, but only with repayment of criminal record.
If the court previously ordered a suspended sentence with a probationary period, then at the end of these tests the citizen returns the opportunity to serve in the Armed Forces of the Russian Federation.
In principle, there are no more essential conditions. But there are some time restrictions that apply to defendants after a court decision. Depending on the severity of the crime, the call is not carried out immediately.
Time limits
Are they taking into the army with a cleared criminal record? Yes! But some features of the process still occur. It is far from always possible to immediately call a person to fulfill military duties.
If for the committed crime there was no threat of imprisonment, then a year after the conviction is paid off, you can go to the Armed Forces of the country. But violations of medium and small degree will already give a delay of 3 years. Remember, the countdown will begin after the completion of the sentence!
Grave crimes allow you to regain military duty only after 6 years of extinguished conviction, and especially grave crimes after 8. Plus, you should add the duration of punishment to one degree or another to these terms.
Is it right
Many people wonder why the convicts are not taken into the army. How correct is this? In general, the majority of citizens believe that people should not be sent to serve in the Armed Forces of the Russian Federation with open conviction and in many cases canceled. This is due to the fact that such individuals do not have the best effect on draftees. And among them are often still very young boys.
On the other hand, some are of the opinion that people with a criminal record should serve first. They will use their energy and skills in the right direction and thereby benefit the state.
That is why at the moment, recruits with a criminal record can be found, but only with the extinguished. In practice, in such cases, few people manage to fulfill their civic duty. This entails a number of negative consequences. Nevertheless, according to the law, service after a criminal record is possible. Yes, it is necessary to take into account some features of the draft process, but no one removes military duty even from criminals in Russia. Unless with those who committed a terrible crime.But, as a rule, such acts are punished accordingly (very seriously, so that all possible terms of the call are passed).
