Thousands of our compatriots do not want to serve in the army, so they invent all kinds of ways to "slope" from it. But even those who have already joined the ranks of valiant troops, finding no reason to stay at home, still try to commit ahead of schedule. And this is a very real task, if you know what to do.
How to commit from the army
And you can do two things:
- Try to commit from the army for health reasons.
- Leave the military unit without permission and appeal against the draft decision.
Those who are tormented by questions: “How to make commissions from the army for illness?” And “How will this affect my career?”, Do not worry. In 2014, a new Regulation on military medical expertise began to operate. It makes it possible to re-examine in civilian life and return to yourself the fitness category “B” (in some cases, “A”). The likelihood of such a favorable outcome is high, since the requirements for health are also relaxed.
The second solution to the problem: “How to quickly commissate from the army” suits more determined people. It should appeal the decision and be denied a criminal case. Since by law it is impossible to call a patient, there are plenty of reasons for appeal.
We will consider each stage in more detail, and also describe the problems that may be encountered during their passage.
How to communicate from the army for health reasons
To start with health complaints you need to contact the medical unit. Next, submit a report to the unit commander demanding your direction to the VVK. If the soldier is already in the hospital, then the report is addressed to the head of the hospital. It is advisable to reinforce your requirement with the same statement from relatives (spouse, parents), with the attached documents about the patient’s health status before being drafted, certified in a medical institution. Note that the presence of these documents greatly increases the chances of commission. If a refusal is received from the unit commander, then it can be appealed to the district command and the military prosecutor's office. After the commander of the unit approved your request, he writes a report on referral to the IHC, and the "patient" with an accompanying package of papers goes to the hospital for examination.
Staying there, you must actively and constantly complain about your health, as well as independently record when, how and by whom a medical examination was carried out. According to the results of the survey and on the basis of documents stating the state of your health before being drafted into the army, the IHC makes a conclusion. If it is not in your favor, then it can be appealed to a higher VVK or to a garrison court. The conclusion on the comment should be approved by a higher military medical examination.
Further, with the conclusion of the IHC and a certificate of illness on hand, you should write a report on the dismissal of the unit commander. If a dismissal is refused, then it can be appealed to the district command, the garrison court or the military prosecutor.
How to quit the army with flat feet
Often, young recruits suffer from a disease such as flat feet. With such a disease, the arch of the foot is flattened, due to which, with long walking or running, the legs can hurt greatly.Obviously, the "lucky", with a strong degree of flat feet, can not stand the march-throws and other delights of army life. That is why serious forms of the disease were attributed to non-conscript diseases.
The entire list of sores that can be considered the basis for declaring a conscript unfit for military service is provided for by the law of the Russian Federation - the "Regulation on Military Medical Examination." This law contains the "Schedule of Diseases", and it must be read.
In accordance with Art. No. 68 of the mentioned document, these pathologies include:
- longitudinal flatfoot 3 degrees without deforming arthrosis of the middle foot;
- transverse and longitudinal flat feet of the 2nd degree with deforming arthrosis of the second stage of the middle part of the foot.
How to communicate from the army with flat feet, that is, for health reasons, read above. The order is the same. Report a written complaint to the medical board, backed by documents confirming your illness, and await the conclusion of the IHC. In case of refusal, appeal the decision on the draft in court or sue the draft board, asking for a medical examination.
How to sick out of the army
At military service a conscript soldier may receive the following injuries and diseases, because of which he is commanded immediately, without delay. It:
- serious injuries (concussion, fracture);
- mental disorders;
- nervous diseases (epilepsy);
- diseases of the respiratory system (diseases of the trachea, larynx);
- malignant tumors (except for neoplasms of the nervous system, hematopoietic, lymphoid and related tissues).
How to quit the army if healthy
Even if the recruit does not have a number of unapproachable diseases, but his heart is fraught with a desire to avoid service by any means, then this can be done, moreover, by legal means. If a young man is really subject to appeal, then he needs to demand an appropriate subpoena in order to come on any of the other days and provide the medical board with the results of a preliminary examination and other epicrisis. Many recruits are not aware of this, therefore, after delivery to the military registration and enlistment office, they go to the place of service for 24 hours. But this does not mean that there is no turning back. They are, and all operate within the framework of our legislation.
So how easy is it to commissate from the army? Consider the first option. It suits absolutely everyone, even those who cannot count on dismissal for health reasons. This is a return to the recruit pre-conscription status. That is, you need to cancel the decision on the draft, orders for admission to the military unit and assignment of rank. This can be achieved by appealing the decision on the draft in court. According to paragraph 7 of Article 28 of the Law “On military duty and military service, ”until a court verdict comes into force, the execution of the decision of the military commissariat is temporarily suspended. As a result, orders that were in force on the basis of a suspended decision of the draft board should be canceled.
How to appeal the appeal decision
There are several ways to file a lawsuit. The best option would be if the conscript took care in advance to make a power of attorney for any relative to represent his interests in court. In this case, the relative goes to court on his behalf. You can also do this in part (the document must be certified by the commander), after which the paper is sent to proxies.
The decision of the draft board on its own behalf is also entitled to appeal by the relatives themselves. In this case, they refer to the fact that the illegal call violates their intangible rights / family ties.
You can use the third, most difficult way - to appeal the decision on the draft at the place of location, that is, at the location of the military unit.In these cases, the soldier, after the court decides to accept the case for consideration, submits a report to the unit commander demanding that the order to be enlisted in the army be canceled and sent to the military commissariat at the place of conscription. There, the recruit writes a report to the military commissar demanding the cancellation of the order on conferring the rank of private. After all these manipulations, a conscript can be at home and wait for a court decision. Cancellation of the last order entails a loss military status. In case of refusal, you should contact the garrison court with a request to force the unit commander to cancel the order.
Unauthorized abandonment of a military unit
Consider the question: "How to commissate from the army, if all of the above methods are impossible or very difficult?" You can take the extreme measure - the unauthorized abandonment of the military unit, since, according to article 14 of the Civil Code of the Russian Federation, self-defense of their civil rights is allowed. In this case, the AWOL is considered as self-defense, a reaction to the unlawful actions of other persons, subject to immediate appeal to the court with appeal of the draft decision. As soon as it becomes possible to appeal to the courts, then you need to notify the unit commander and the military prosecutor's office about your appeal. This action will confirm that the unauthorized abandonment of the unit did not contain the intent of illegal evasion of service. In this case, you will not be searched by law enforcement.
It must be remembered that after the court accepts the case for consideration, it is necessary to send an appropriate statement and report.
How it is possible to commissate from the army, you must already be clear. In this way, everyone can quit the ranks of our valiant troops. However, it should be noted that the fact that you have served since the time you were awarded the rank of private, and until the time you have lost it, will not be counted in any way, so the next call you will need to appear on the draft board. And still, you have time to prepare for it, to receive a delay in the future, release or departure to the ACS (depending on the state of health and family circumstances).
How to quit the army: looking after a relative
Some personal reasons are considered a serious legal basis for “not joining the army”. How to disagree from the army for family reasons? Let's try to figure it out.
- A potential conscript is constantly supervising a close weak relative (mother, father, sibling, sister, wife, grandmother, grandfather or adoptive parent), in the absence of other persons who are required by law to provide care for these citizens. However, this is true if the condition is met that disabled relatives are not fully supported by the state and for health reasons, according to the medical and social examination from the federal institution at the place of residence of citizens, they need constant supervision and care.
To apply for a delay in care, a conscript must undergo a medical examination and provide a package of documents:
- your birth certificate;
- certificate of family composition;
- birth certificates of relatives;
- the conclusion of medical and social examination at the place of residence of the conscript on the need of relatives to care;
- passports of relatives in need of care.
That's all, it remains only to wait for a decision on granting a deferment from military service.
How to quit a guardian from the army
Disabled citizens in need of care are recognized as invalids of group II and III who have not reached the age of 18, or people of retirement age. To justify the need for constant care or supervision of a disabled relative, a medical and social examination conclusion from the federal institution at the place of residence should be provided.
The situation also falls under this article if the conscript is in charge of his younger siblings who have not reached the age of 18. But in this case, a prerequisite is the absence of other close relatives who can provide care and maintenance for the child.
To arrange a deferral of custody, a conscript must undergo a medical examination and provide a package of papers:
- custody document;
- your birth certificate;
- certificate of family composition;
- birth certificate of a sister or brother;
We are waiting for a decision on granting a deferment from military service.
How to get a deferment from the army for children
You can get a respite from the army if the conscript has already managed to get married and become a father; if the spouse is at the 26th week of pregnancy with the second child. Also, a young father can count on a delay if he has a disabled child under three years of age. Deferral is granted if the conscript is recognized as a single father raising a child without a mother. In this case, it is necessary to convince the commission that the mother is deprived of parental rights, died or disappeared. Draftees who managed to make two children are exempt from military service without question.
To arrange a deferment for children, the conscript is required to undergo a medical examination and provide a package of documents:
- certificate of family composition;
- birth certificate of a child;
- if the child is brought up without a mother, you must provide a certificate of divorce, where there is an extract from the court decision that determines the residence of a young child with his father after a divorce; or deprivation of parental rights; or the death of the mother of the child;
- if the child is disabled, it is necessary to provide a medical and social examination certificate from the federal institution on determining the child’s disability;
- if the wife is pregnant with her second child, it is necessary to provide a certificate from the medical institution about the duration of her pregnancy with the signatures of the chief and attending physicians, as well as the seal and date of issue of this conclusion.
Who else has a deferral
Our government in every possible way encourages the initiative of young people in running the state, providing a delay from serving in the army to deputies of the State Duma, Federal Assembly of the Russian Federation, legislative bodies of constituent entities of the Russian Federation, bodies of municipalities, as well as their heads. All these citizens receive a deferment for the duration of their work in these bodies.
Employees of internal affairs bodies, employees of the penitentiary system, drug control systems, firefighters, and customs officers (for the duration of their duties in these state institutions) may also apply for this.
To date deferment from the army guaranteed to all full-time students of an educational institution that has state accreditation. But still, some restrictions are imposed on full-time students, so it’s not worth lingering too much at the university.
Conclusion
Well, perhaps this information is useful to someone. We only hope that the question will be before you: "How to commissate from the army, if healthy?" Situations are different, anything can happen in life. It is not for us to judge those who do not want to repay the debt to the Fatherland. We recall only that during the Soviet Union, military service was an honorable duty of every Soviet citizen. Times are changing, current realities are such that many families are simply afraid to let their children go. Others, like many years ago, believe that the army makes a man out of a boy. To serve or not to serve is up to you. For our part, we recall that without service, finding a decent job for males is much more difficult.
