Appealing against the decision of the draft board is the right of every citizen affected by the decisions of this body. What reasons should I refer to? What are some ways to protect your rights? What are the features of handling complaints?
Normative regulation
- The Law on Military Duty is the main document on which the legal foundation of the draft committee is based.
- Regulations on the medical medical commission.
- Regulation on recognition of a citizen as having failed military service for disrespectful reasons.
- Other normative acts (decrees, orders, instructions, etc.).
Despite the abundance of regulatory documents, a detailed description of the procedures, serious problems were noted with the legality of the actions of draft commissions in military commissariats.
A considerable amount of judicial practice on issues of appeal has accumulated. A significant part of the disputes is won by citizens.
The role of the draft board
It is a collective body that decides whether a person is fit for military service or not. Medical and other documents are studied, on the basis of which a decision is made.
In the power of the commission:
- recognize a citizen as fit for service;
- recognize him unfit and free from it:
- decide on referral to an alternative service;
- defer the call to the service;
- free from the call.
The competence of the commission includes the establishment of the fact that a citizen has not been served for good reason. Such a decision means a ban on employment as a state or municipal employee, as well as a police officer, the FSB, the court and other similar organizations.
If, in the opinion of the commission, the conscript evades the service, she is obliged to send the materials to the investigative committee, which checks the materials and makes a decision to initiate proceedings.
What are the grounds for complaint
The cause of complaints is a lot of things. This includes the process of the commission, the findings of doctors and other facts affecting the sending to the army.
For example, one may receive receipts confirming receipt of summons from citizens, although they did not put their signature on the document. The second group of complaints is the assessment by doctors of the state of health of young people. Complaints here are also not baseless. A fair number of draftees, after arriving at the unit, are sent to hospitals, and then commissioned.
Commissions may ignore reasons for deferment, such as being in school. Thus, the appeal of the decision of the draft board is associated with many aspects of the draft.
Where to complain
The appeal of the decision of the draft committee provides for the use of several ways by interested parties:
- appeal to a higher draft commission of the subject;
- appeal to the military prosecutor's office;
- appeal to court.
What are the deadlines for sending complaints?
In Art. 29, the law on military duty gives the right to appeal the decision of the commission within 3 months, and the conclusion - within a month. Confusion in the name of the documents is expensive. Recovering a term is extremely difficult. At the same time, delaying the issuance of papers by the military enlistment office is a good reason. It should be referred to in the preparation of the statement, explaining the missing deadlines. If the papers are received by mail, the proof is the stamps and postmarks on the envelope.
If the papers were issued directly to the applicant, you cannot agree to date the receipt in their receipt earlier. Otherwise, a statement of disagreement with the decision of the draft committee loses its meaning.
If the decision or conclusion was announced, and issued later, most likely, the deadline is counted from the day they were announced to the person concerned.
Consequences of the complaint
The Commission, making an opinion or decision, is obliged to take measures for its implementation. If a complaint is filed, their execution is suspended. The suspension is valid until a decision is made by a higher authority or court.
As for the court, filing a lawsuit is also a sufficient reason for this. Nevertheless, it is advisable in the lawsuit to ask the court to suspend the execution of the decision or conclusion until the entry into force of the judicial act. The law on military duty says "before the court ruling", but it’s more accurate to keep in mind the entry into force. Given the term of the appeal and the length of the review, there is a chance to miss another fall appeal.
Higher commission
The law does not provide for special requirements for a complaint, in this case it is worth considering the general provisions of the law governing the treatment of citizens. Paper consists of approximately the following items:
- name of the commission;
- Name of applicant;
- address of residence of the applicant;
- the reasons why he considers the decision unreasonable and adopted in violation of the law;
- an inventory of the attached documents confirming the complaint;
- signature and date of referral.
The military enlistment office may not put a mark on a copy of the application for its adoption. There is only one way to avoid this - send paper by mail in an envelope with a notice and inventory, or by courier. There is no fee to pay.
The easiest way is to complain about the decision of the draft board.
Military Prosecutor
Oversight of the rule of law in the units and institutions of the Ministry of Defense lies with the prosecution authorities. The complaint is submitted to the garrison prosecutor's office, a subordinate link in this structure.
Unlike civilian organizations, military submissions are not ignored. The reason for this is the specificity of the organization and the lack of the ability to go to court, because there you have to prove the unfounded opinion of the prosecutor. It is easier to fulfill his requirement. The cancellation of the decision of the draft board becomes the result of the activities of the prosecutor.
The complaint to the prosecutor is written in the form and sequence described above. There is one caveat - this statement does not suspend the action of the decision or conclusion of the draft board. How to increase the chances of satisfaction of the application? Appear for a personal appointment.
Which court to appeal to and what is the subject of the proceedings
Today, all actions of governing bodies (including the military) are appealed in the manner described in the CAS. Military or civil courts hear such cases? The subject of applications is either a decision or the conclusion of a commission as an act giving rise to rights and obligations. All other actions are intermediate, and their legitimacy is discussed as part of the appeal of decisions or conclusions.
Confirmation of the direction of the claim to the court is a copy of the statement with a note of the court registry.
Drafting a statement
A statement to appeal the decision of the draft board in court looks something like this:
- name of court;
- full name claimant;
- name of the draft board;
- statement of circumstances;
- violations that occurred in the applicant's opinion;
- references to regulations;
- list of attached documents;
- signature and date.
In this case, copies of the claim and the attached documents are attached in two copies - one for the court, the other for the second side.
A claim is not accepted without a receipt for payment of state duty. At the time of writing, its size is 300 rubles.
Extracts from the medical record, the results of analyzes and examinations are considered evidence.Medicine is an issue that requires special skills, so an additional examination may be ordered by a court or doctors may be interviewed. Looking at what the plaintiff relies on in his statement.
Process features
In the administrative process, the court has the right not to limit itself to the arguments and evidence of the parties and has the right to demand additional information and materials, as well as go beyond the scope of the lawsuit, protecting the rights of citizens.
Some judges take advantage of these proposals, some do not. The plaintiff should be prepared to take the initiative in the process and rely on their strength. Consider in advance the arguments that a representative of the draft board can put forward.
Power of Attorney
Representation of interests at the commission is ensured by means of a power of attorney issued by a notary public. In court and the prosecutor's office, the power of attorney can be issued in another way. In a lawsuit, a representative can only be a person with a legal education (the fact of his receipt is proved by the provision of a diploma).
Finally
Appealing against the decisions of the draft board is important both for those who have reached the draft age, and for those for whom the decisions of this body affect its career prospects.
The procedure for appealing to a higher commission and to the court is provided. The fact of the complaint suspends the execution of decisions of the body. A complaint to the prosecutor’s office does not give such a delay, but at the suggestion of the prosecutor, the decision or conclusion can be canceled, the result will be the omission of the autumn draft.