Alternative civilian service is ... Concept, legal provisions. Replacement of military service with alternative civilian
The service is considered mandatory for all healthy men in almost all countries of the world. The difficult situation in the international arena does not allow us to abandon such a situation in our time.
However, many states, including Russia, have decided to meet the wishes of a certain part of the military service and allow them to serve in the framework of alternative civilian service. Such orders are now preserved in our country.
Alternative Civil Service (AGS) is a specific form of employment in the interests of the entire country. She passes instead of service in the Russian army conscription.The replacement of military service with an alternative civilian is enshrined in the Constitution of the Russian Federation and a number of legal and sub-legal acts. This is how the right of citizens to refuse military service for personal convictions is realized. The regulations set forth the basic concepts of service, categories of citizens who have the right to serve in this way, the term of alternative civil service.
Right to serve
Abandoning military service is simply impossible. A Russian citizen has the right to an alternative civilian service in a number of specific, well-defined cases:
- serving in an army structure is contrary to his beliefs or religion;
- he is a representative of the indigenous nation with a small number of people, the traditions of which have not changed for hundreds of years, the economy is predominantly natural in nature - farming, animal husbandry, mining and handicrafts.
Other reasons for evading service in the ranks of the Russian army are not recognized.
To do alternative civilian service, you first need to bring an application to the military registration and enlistment office at your place of residence at the indicated time:
- before April 1 - for men who are required to go into the army in October - December of the current year;
- until October 1 - for men who are obliged to join the army in April - June of the current year.
Features of alternative civil service are visible from the call procedure. Unlike ordinary military service, you need to write a written statement in free form. At the same time, in the application, it is necessary to substantiate the reasons why serving in the army is unacceptable by conviction or by the professed religion.
To the application must add a number of mandatory documents. In addition, you can bring and other materials that contribute to strengthening the arguments of the recruit. These documents are not required, they are transmitted at the suggestion of a conscript. Usually recruits bring diplomas of education, extracts on the number of families. In the application, you can submit a list of people who can attest to the reasons why serving in the army is unacceptable by conviction or a professed religion.
When submitting an application and accompanying papers, it is necessary that the military registration and enlistment office provide a receipt certifying that the application has been received. As a rule, this is the mark of the employee of the military registration and enlistment office on the second copy of the application for its acceptance, or a document on the registration of the application.
Consideration of the application
Since it is believed that the conditions of alternative civil service are much easier than in the army, all applications are carefully considered.A written request for the replacement of military service by conscription with another, alternative service, is dealt with during the work of the draft commission and only when a citizen appears. The details of the application process for a Russian citizen shall be notified in writing by a subpoena from the military registration and enlistment office received under his signature.
At a meeting of the draft board, a recruit must be prepared to present his arguments and convincingly state the reasons for which he is applying for the replacement of army service with another, alternative one. At the meeting of the commission also need to call and people who can confirm the position of the applicant.
Based on the results of the examination of the statement, the draft board writes an opinion on the transfer of the Russian from the army conscription service to another, alternative, or agrees a convincing decision on disagreement with the statement.
The draft commission’s decision is adopted within 30 days from the end of the request submission period to the military commissariat, that is, for the autumn draft, the deadline for studying applications reaches May 1 of the current year, for the spring draft, until November 1.
If it becomes necessary for the draft board to request additional data, the time for submitting the decision may be extended, but not more than 30 days.
Alternative civilian service is not just a slight evasion of military service. In the legal framework of the Russian Federation, there are clear reasons why citizens are prohibited from performing alternative service instead of army service:
- delay in the deadline for submission of documents;
- compulsory documents and other data contradict the arguments of the Russian that the military service is not in line with his views or the religion he professed;
- the statement and the required documents set forth deliberately false data;
- the Russian was twice invited by the summons to meetings of the draft board and did not appear on them without a good reason;
- Earlier, the Russian had the opportunity to go through the ACS, but he refused it.
Usually the following are considered as good reasons for the absence:
- serious illness or injury with disability;
- serious health problems of close relatives or participation in the funeral of relatives;
- other good reasons, independent of the citizen;
- other circumstances that the draft board or court considered to be respectful.
The decision of the selection committee
The selection committee must make one of two decisions:
- On the replacement of the service in the army at the call with another, alternative civil service with a parallel issuance of the agenda with a clear indication of the time of arrival for a medical examination and for the work of the draft commission to consider the issue of sending a citizen to the AHS
- On a negative decision on the application for the replacement of service in the army at the call of another alternative service. Such a decision can be challenged in court, for which you need to take a copy of the extract of the protocol of the draft board, which must be passed to the recruit within seventy-two hours from the time the decision was made.
Order of service
At AGS, the order of conscription is similar to a typical army service. In this regard, there is no big feature of the alternative civil service. Men from 18 to 27 years old are serving to meet her requirements: they are not in stock,they have the right to replace the army conscription service with a similar civilian service, they wrote a statement to the military registration and enlistment office about the desire to replace the army conscription service with a similar civil service. Responsible authorities had to make a positive decision.
Recruits who do not have to serve for health reasons, have received a temporary reprieve, study at universities and colleges, have two children, disabled parents, are breadwinners in the family.
Place of service
After the call, the citizen is sent to the place of service. Alternative civilian service is the same service as military service. So the military enlistment office usually sends conscripts to another subject of the Russian Federation, not the one where they reside.
An alternative service citizens can:
- in bodies subordinate to the federal structure;
- in bodies subordinate to the departmental structure of the subjects of our country;
- in the bodies of the army of the Russian Federation, other power structures, army units as full-time workers.
Jobs for recruits
Who will work those who are called up for alternative civilian service? This is determined by education, previous work experience, qualifications, the state of health of the draftee, and the need for employees of the structures of the Russian Federation.Indigenous people are usually sent by reindeer herders or workers to enterprises engaged in traditional trades. The rest usually work as orderlies or postmen.
Great luck can be considered the direction to work in the construction sector. Of course, it will be harder to work there, but the salary is also higher. In regular service, the salary is limited to the minimum, and in construction it can reach up to 20,000 rubles.
Conscripts work in educational institutions, the social sphere, and agricultural organizations. A small part of young people (those who have a corresponding specialty) are sent to Roskosmos, Spetsstroy, the Federal Agency of Communications or the Federal Medical-Biological Agency.
Since service in the ACS is considered lighter, then the term of alternative civilian service is longer than that of conscription. Now this period is 1.75 times longer. For Russians (including those who studied at institutions of higher and secondary education), the term of alternative service in federal structures is 21 months. When the ACS is defined in the army structures of the Russian Federation, the time of such service increases only 1.5 times and reaches one and a half years.
The Russians, passing the AGS, do not differ much from the typical workahards of those organizations where they are sent. The requirements of an alternative civil service are quite mild. Citizens are paid, have the right to regular leave, the working day for such workers is passed by law and usually reaches forty hours a week. Such conditions of alternative civil service bring it closer to ordinary civil service. Is that a recruit can not resign voluntarily.
Responsibility for dodging
Avoiding alternative civilian service is considered to be as much a violation of the law as ignoring military service. The only difference is that the punishment for this category of those called up is somewhat easier.
As indicated in the Criminal Code of the Russian Federation, Russians evading a different, alternative service by court order can be fined up to 80 thousand rubles. or in the amount of salary or other income. Another punishment: arrest for up to six months or compulsory community service (up to 480 hours).
In legal practice, service deviators are Russian citizens who have received a decree on service in an alternative structure, but due to disrespectful circumstances who did not show up at the place of service at a certain time.In addition, there is an accidental flight from the duty station, a disagreement on the implementation of the functions of an alternative civil service, including the refusal to sign an urgent labor contract, the dismissal for false reasons ahead of time.
No matter how the ACS is considered, alternative civilian service is also a duty, the evasion of which is punishable, like other violations of the law.