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Military service passage of alternative service. Alternative civilian service in Russia: how to legally "slope" from the army. V. Alternative civilian service

19.05.2021

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People of military age, in addition to military service in the Army, are provided with alternative civilian service (ACS). It is a type of activity aimed at the benefit of society or the state, as an analogue of military service.

Who is eligible for alternative civilian service?

This direction is regulated by the basic law of Russia. A resident of our state between the ages of 18 and 27 is eligible for alternative service instead of military service if he:

  1. Has beliefs of a philosophical or moral nature, which categorically contradict the performance of duty directly in a military unit with weapons.
  2. He has a religion that does not allow him to serve in the army.
  3. A representative of an indigenous people with a traditional economy and crafts, etc.

The first two points require some explanation.

Since there is no specific explanation in the Constitution and the law on alternative civil service, which convictions give the right to its passage, it is generally accepted that these can be any certain convictions of a legal, moral or ethical nature that have a clear, logically understandable relationship.

Regarding the faith of a citizen, which contributes to the passage of non-military service, its confession forbids a person either to take up arms or participate in military associations and organizations, regardless of their status.

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Alternative service: who is not sent?

According to the law "On military duty and service" Alternative option The following categories of citizens do not pass:

  1. Having legal grounds for exemption or deferment from conscription into the Armed Forces.
  2. Not subject to conscription for the performance of military duty.

In particular, if a conscript is found unfit or partially fit to serve in the army, he is not sent to perform duties as a member of the alternative option, since the ACS is an alternative for those who are found fit for army mobilization.

Citizens of military age who have a deferment, which expires after the end of the next conscription period, and in case of early termination of such activities, have the right to apply for the passage of the ACS within ten days from the date of expiration of the grounds for the conscription deferral.

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Main criteria and term of alternative civilian service

In order to be able to return the debt to the country on an alternative basis, a personal application from the conscript is required to replace military service with the ACS. A sample application and its registration are made at the military commissariat at the place of residence. In addition, the package of documents must be supplemented with a biography, a reference from the place of work or study, other documents that can confirm the desire of the conscript, or a specific direction for alternative service in the army.

The deadlines for filing an application are regulated by law and are six months, at least before being drafted into the Armed Forces. That is, until April 1 of the current year, and until spring, October 1 of last year. There may be cases of revising one's beliefs regarding military service and in terms that are not included in the prescribed temporary regime. Such a version of events from the moment of filing an application to the verdict of the draft board has the right to exist, but the legitimacy and relevance of changing the decision to switch from military to alternative service will have to be proved in court.

Within a month before the deadline for submitting an application, the applicant is summoned to a meeting of the commission at the military commissariat, and the document is considered in his presence.

Taking as a basis the application of the conscript, after listening to the persons representing the evidence and interests of the citizen, as well as having studied the attached documents and other materials, the conscription commission decides whether to assign a person to an alternative civil service in the prescribed manner or makes a justified refusal to provide such a replacement.

Refusal to replace military service with an alternative equivalent (alternative service) is considered justified in such cases as:

  1. Violation of the deadlines for filing an application or the wrong order in the execution of the procedure.
  2. Inconsistency and inconsistency of the submitted documents, testimonies with the real convictions of the applicant.
  3. False and misleading facts, intentionally provided information.
  4. Failure to appear at a meeting of the commission without a good reason two or more times.
  5. The facts of the presence of ACS evasion to date.

In case of a positive decision to replace the traditional service with an alternative option, the citizen is given a summons for a medical examination and the next meeting of the draft commission to decide on the direction to the ACS.

When accepting a refusal to replace, a conscript on a general basis is mobilized into the ranks of the Armed Forces. A citizen may appeal against the decision of the commission within the established time limits and in the appropriate manner.

Directly to the place of service without weapons, the called-up citizen is sent by the military commissar. At the place of passing one's civic duty, an employment contract is concluded with a person, and then the relationship is regulated on the basis of the Labor Code of the Russian Federation, the law on alternative civil service and other relevant documents.

As a rule, alternative military duty is performed outside the territory of the region in which the conscript lives permanently.

There are also exceptions, if it is not possible to organize the passage of the ACS outside the territory of the permanent residence of the subject, it is possible to fulfill the duty in organizations located in the place of permanent residence of a citizen.

On the this moment the term of alternative civilian service is 1 year and 9 months, including 2 vacations, for citizens undergoing ACS after 01/01/08, and for alternative workers who are part of the working staff of military units or formations, this period provides for a period of 1.6 years.

Alternative civilian service is a special type of labor activity in the interests of society and the state, carried out by citizens in exchange for conscription military service.

Russia was the first state in the world to introduce the institution of alternative service. Exemption from military service on religious grounds began to be practiced in our country as early as the 18th century. In 1762 -1763. At the invitation of Catherine II, Mennonite Protestants, convinced pacifists, who preached the rejection of any oaths (including the oath) and military service, moved from Prussia to Russia. In 1787, by imperial decree, the Mennonites were granted a privilege - exemption from military service.

The introduction in Russia in 1874 of universal conscription caused massive refusals from military service, especially on the part of representatives of a number of confessions, primarily Protestant ones. Under the new decree, all benefits were canceled, which led to emigration unprecedented in scope. As a result, the tsarist government was forced to compromise. Changes were made to the Charter on military service, according to which the Mennonites who settled in the Russian Empire before January 1874 could serve their terms of compulsory service in non-military teams (without carrying weapons). Thus, they became the first "alternatives" in the history of the state, which fulfilled certain obligations for their maintenance: allocated funds to pay daily wages to workers, to treat workers in military department institutions, to pay for apartments and utilities, as well as for equipment and workshop repair.

The "obligated workers" - as the first "alternatives" were called - were formally subject to all the rules of conscription for military service, which were regulated by military administrative legislation. Evasion of work was punishable by military criminal law.

In the future, exemption from military service was granted to the Doukhobors, Molokans and followers of other sects.

However, refusals of military service happened not only for religious reasons. In particular, in October 1876, the Moskovskie Vedomosti newspaper reported on the mass refusal of the exiled Ural Cossacks to serve in the army. There were cases of refusal in other social strata.

After 1917, Russia became one of the first countries to recognize the right of its citizens to conscientious objection to military service.

On January 4, 1919, a decree was issued "On exemption from military service on religious grounds". According to this document, citizens whose faith did not allow them to hold weapons in their hands could carry out alternative service in hospitals or engage in other socially useful work, and the possibility of complete exemption from military service was also provided. The Decree of 1919 became the first legislative act of the Soviet Republic in this direction. By accepting it, Russia has earned positive feedback from the world community.

In the summer of 1923 was adopted Civil Procedure Code of the RSFSR, which contained a special chapter - "On exemption from military service on religious grounds", regulating the procedure for judicial proceedings on this issue. Forensic experts scrupulously determined whether a person really adheres to religious views that can exempt him from military service, as well as which job to appoint as an alternative.

In January 1925, the Law appeared On Compulsory Military Service. The circle of persons who had the right to refuse military service was significantly narrowed. The complete exemption of the conscript from military service, as it was before, was excluded.

The institute of alternative service existed in the USSR until 1939. And only by the end of the 20th century. Russia again returned to this issue.

In 1993, the Constitution of the Russian Federation, adopted by popular vote, enshrined the right of citizens to replace military service with alternative civilian service (Article 59, paragraph 3). And in the same 1993, the first “alternatives” appeared in Russia, though German ones. They looked after the elderly - victims of Stalin's repressions.

In the concept " alternative civilian service”(AGS) has two main goals: the constitutional protection of the rights of citizens and the provision of a decent existence for socially vulnerable segments of the population.

The legal basis for alternative service is, as mentioned above, the Constitution of the Russian Federation, federal constitutional laws, the main of which is the Federal Law “On Alternative Civil Service” No. 113 FZ of July 25, 2002, other regulatory legal acts of the Russian Federation, generally recognized principles and norms of international law and international treaties of the Russian Federation.

The Federal Law of July 25, 2002 states that the right to replace conscripted military service with alternative civilian service admits:

    if the performance of military service is contrary to the beliefs or religion of a citizen;

    if he belongs to an indigenous small people, leads a traditional Lifestyle, carries out traditional management and is engaged in traditional crafts.

Male citizens aged 18 to 27 who are not in the reserve can be sent to alternative civilian service. At the same time, they should have the right to replace conscripted military service with alternative civilian service (see above).

These persons must personally submit an application to the military commissariat about the desire to replace military service on conscription with an alternative civilian one. In relation to these persons, an appropriate decision is made by the draft commission of the district, or the city without district division, or another municipality.

Citizens who, in accordance with the Federal Law "On military responsibilities and military service" have grounds for exemption from conscription, are not subject to conscription, or have grounds for granting a deferment from conscription for military service.

In his application, a citizen must indicate the reasons and circumstances that prompted him to apply for a replacement, and justify that military service is contrary to his convictions or religion.

An autobiography and a description from the place of work / study of a citizen are attached to the application. To prove his arguments, a citizen can attach other documents to the application, as well as indicate the persons who agree to support him.

The military commissariat issues to the citizen a document confirming the registration of the application.

The application is considered at a meeting of the draft commission only in the presence of its submitter. The citizen is notified in advance of the time and place of the meeting of the draft commission.

The law states that the draft board considers the arguments of a citizen that military service is contrary to his beliefs or religion, on the following grounds:

    speeches at a meeting of the draft commission of a citizen, as well as persons who agreed to confirm the authenticity of his arguments;

    analysis of documents submitted by a citizen;

    analysis of additional materials received by the draft board.

Based on the results of consideration of the application, the draft commission issues a conclusion on the replacement of military service by conscription with an alternative civilian service or makes a reasoned decision to refuse.

The conclusion of the commission must be issued within a month from the date of the deadline for submitting an application to the military commissariat. If it is necessary to request additional materials by the draft board, the term for issuing an opinion may be extended by the chairman of the draft board, but not more than for one month.

The decision is made by a simple majority of votes with the participation of at least two-thirds of the members of the draft board and is announced to the citizen in respect of whom it was taken. A copy of the conclusion is issued to the citizen within three days.

A citizen may be denied in the replacement of conscripted military service with alternative civilian service in cases where:

    he violated the deadline or procedure for filing an application;

    the submitted documents and other data do not correspond to the citizen's arguments that military service is contrary to his convictions or religion;

    in the application for the replacement of military service on conscription with alternative civilian service and the documents attached to it, deliberately false information is indicated;

    the citizen was twice called to meetings of the draft commission and did not appear at them without a good reason;

    earlier he was given the opportunity to do alternative civilian service, but he evaded it.

Valid reasons for non-attendance at the meeting of the draft board (subject to documentary evidence of the reasons for non-attendance) are:

    diseases or injuries (injuries) associated with disability

    the serious state of health of close relatives (father, mother, wife, children, brother, sister, grandfather, grandmother or adoptive parent) or participation in the funeral of these persons;

    an obstacle that has arisen as a result of force majeure, or other circumstances beyond the control of the will of the citizen.

The draft board may recognize other reasons as valid. A citizen can challenge the decisions of the commission in court.

A citizen, in respect of whom the draft board has decided to refuse to replace military service with an alternative civilian one, is subject to military service in accordance with the Federal Law "On Military Duty and Military Service".

The direction of citizens to alternative civilian service includes, in addition to the above conditions:

    Appearance for a medical examination and at a meeting of the draft commission to make a decision on sending to an alternative civilian service;

    appearing at the military commissariat and receiving an order indicating the place of alternative civilian service.

Citizens are summoned to events related to the assignment to alternative civilian service by subpoenas of the military commissariat. The direction of citizens to alternative civilian service is organized by the head of the local government together with the military commissar and is carried out by the draft commission.

A citizen is sent to the place of alternative civilian service by a military commissar in accordance with the plan of a specially authorized federal executive body and in accordance with the decision of the draft commission.

A citizen sent to alternative civilian service is obliged to appear at the military commissariat within the time specified in the agenda and receive an order against receipt for departure to the place of service.

The employer, to which the citizen arrives, is obliged to conclude a fixed-term employment contract with him for the period of performing alternative civilian service and notify the military commissariat of this within three days, as well as the federal executive authority or the executive authority of the constituent entity of the Russian Federation to which the organization is subordinate.

The labor activity of citizens undergoing alternative civil service is determined by the Labor Code of the Russian Federation, taking into account the specifics provided for in the Law “On Alternative Service”.

By decision federal bodies executive authorities or executive authorities of the constituent entities of the Russian Federation, within their competence, citizens undergoing alternative civilian service may be involved in the elimination of consequences natural Disasters, disasters and other emergencies on the territory of the Federation.

A citizen undergoing alternative service is granted leave in the manner prescribed by the Labor Code of the Russian Federation. The duration of annual paid leave and possible leave without pay increases by the number of calendar days required to travel to and from the place of use of the leave.

The law determines the terms for performing alternative civilian service. According to paragraph 1 of Article 5, the period of alternative service exceeds the period established by the Federal Law "On military duty and military service" (since January 1, 2008 - one year) by 1.75 times if the service takes place in civilian institutions, and in accordance with paragraph 2 of Article 5 - 1.5 times if the service takes place in organizations of the Armed Forces of the Russian Federation, other troops, military formations and bodies. At the moment (since January 1, 2008) it is 21 months and 18 months, respectively.

As a rule, the service takes place outside the territory of permanent residence of the serving citizens (extraterritorial principle).

Questions for self-control

1. Define alternative civilian service.

2. What are the historical traditions of organizing alternative civil service in Russia?

3. What is the legal basis for the alternative civilian service in Russia?

4. Who is eligible for alternative civilian service?

5. In what cases can alternative civilian service be denied?

6. What is the procedure for passing the alternative civilian service?

What are the terms of alternative civilian service?

For the past five years, the law “On alternative civil service” has been in force in the Russian Federation. The Russians now have the opportunity, without compromising their moral principles, to give the country their constitutional duty as a citizen.

The concept of alternative civilian service

Alternative civilian service (AGS) is a special type of labor activity in the interests of society and the state, carried out by citizens in exchange for conscription military service (Article 1 of the Federal Law “On Alternative Civil Service”).

Who is sent to the ACS

The legislation provides for only two, or rather three grounds on which a conscript has the right to petition the conscription commission to send him to an alternative service:

• performing military service is contrary to his beliefs or religion;
• he belongs to the indigenous people, leads a traditional way of life, carries out traditional management and is engaged in traditional crafts.

Deadline for submitting an application for referral to the ACS

• before April 1 - citizens who must be called up for military service in October - December of the current year;
• before October 1 - citizens who must be called up for military service in April - June of the following year.

Who decides on the referral to the ACS

The decision to send to alternative civilian service is made by the draft board (Article 28 of the Federal Law “On military duty and military service”). It is the draft board that you will have to prove your right to refuse weapons and military uniform. Therefore, before appearing before the commission, we advise you to stock up on witnesses who could, for example, confirm your religious beliefs. This may be a clergyman who knows you personally, and other persons. Documents confirming your views (articles in the media, correspondence, and so on) can be attached to the application.

On the one hand, it is easy to prove one's belonging to a small people, on the other hand, not quite. The national identity of a citizen in official documents is indicated only with his consent, or is not indicated at all. At the same time, our citizens have an innate allergy to any reflection of their own nationality in documents, which has remained since Soviet times. In addition, official science has not yet fully decided on what grounds nationality is determined by: by place of birth, father or mother. On the other hand, a conscript can apply for an “alternative” only if he leads a traditional way of life and is engaged in traditional crafts. That is, if you appear before the draft commission in the national Aleut costume and with a seal carcass behind your back as a gift to those in session, then most likely the commission will not have any questions for you

If necessary, obtain additional information and documents, the draft board may send a corresponding request.

The Commission makes a decision within a month from the date of the expiration of the deadline for submitting an application for assignment to alternative service. If a request is sent, the term for consideration of the application may be extended up to one more month (part 3 of article 12 of the Federal Law “On Alternative Civil Service”).

Possible reasons for refusal to send a citizen to the ACS

• he violated the term and (or) the procedure for filing an application for the replacement of military service by conscription with alternative civilian service;
• Documents characterizing him and other data do not correspond to the citizen's arguments that the performance of military service is contrary to his beliefs or religion;
• deliberately false information is indicated in the citizen's application for the replacement of conscripted military service with alternative civilian service and the documents attached to it;
• he was twice summoned to meetings of the draft board and did not appear without a good reason;
• Previously, he was given the opportunity to do alternative civilian service and he evaded it.

Appealing the decision of the commission

If for some reason you are not satisfied with the decision of the draft board, then you have the right to appeal it within three months, either to a higher authority (not recommended), or directly to the court. To do this, you need to get a copy of the commission's decision, which you must issue within three days from the date of the decision, and file a corresponding complaint with the court. You can find more information about the procedure for appealing.

Service life

Features of the passage of the ACS

Unlike ordinary military conscripts, with a citizen undergoing ACS, in without fail a fixed-term employment contract is concluded with all the ensuing consequences: wages in the established amount, normalized working hours, provision of work clothes and shoes, annual paid leave and other benefits of civilization. The organization in which the “alternative worker” serves is obliged to provide him with housing. In addition, he is subject to social and pension insurance (Article 20 of the Federal Law “On Alternative Civil Service”).

Citizens who are representatives of an indigenous people are sent to undergo the ACS in organizations of traditional economic sectors and traditional crafts.

In turn, the passage of the ACS implies a restriction of the rights and freedoms of a citizen (Article 21 of the Federal Law “On Alternative Civil Service”), in particular, a citizen is not entitled to:

• refuse to conclude a fixed-term employment contract, as well as from the performance of labor duties assigned to him by a fixed-term employment contract;
• hold leadership positions;
• participate in strikes and other forms of suspension of the activities of organizations;
• combine alternative civil service with work in other organizations;
• engage in business activities personally or through authorized persons, as well as assist individuals and legal entities in their entrepreneurial activities, receive remuneration for this and enjoy social guarantees;
• leave the settlement where the organization is located, where he passes the ACS, without the consent of the representative of the employer;
• terminate (terminate) a fixed-term employment contract on their own initiative;
• leave the workplace and leave the organization where he passes the ACS, during the working hours established by the internal labor regulations and shift schedules.

Let's not be afraid to face the truth: not all guys are suitable for military service. And it's not about poor health - that's just all right. Just the very idea that it is possible - albeit theoretically! - to cause harm to a person or in general to some living creature, causes horror and disgust in them. What would a guy like that do in the army?

Fortunately, in this case there is another option - the passage of civil service. If you manage to convince the commission that your special outlook on life is honest and sincere, you will get the opportunity to serve the Fatherland in civilian life.

How to get to the AGS?

Alternative civilian service (abbreviated ACS) differs markedly from the military. First of all, the service life: 21 months is an alternative, in the army - only 12 months. The place where you have to serve is determined by the military registration and enlistment office. There are lucky ones who can serve at home. But often conscripts are sent to other cities - here it’s up to someone as lucky.

Yes, the most important thing: since you have chosen the civil service, be kind enough to serve to the end. The conscript does not have the right to leave her or quit. For this he will have to answer before the law.

Who can be sent to alternative service?

If you are over 18, but not yet 27 years old, you do not complain about your health, have not had deferrals or exemptions from military service, nothing prevents you from applying for the ACS.

Alternative military service is the lot of those whose beliefs or religious views do not allow them to take up arms: for example, Seventh-day Adventists or Hare Krishnas. There is a chance to avoid the barracks for representatives of rare professions - ballet dancers, museum caretakers. In addition, the Nenets, Koryaks, Nanais are often sent to alternative service - all those who belong to the small indigenous peoples of the North.

Remember: if you were released or given a deferment from military service (for health reasons or because you are studying at a college or university), no one has the right to send you to alternative service.

How to get a referral to the ACS

To qualify for alternative service, you must apply at least 6 months before your enlistment deadline. Will the agenda come to you in the spring? So, try to have time to apply before October 1st. If your call is autumn, the application must come to the military enlistment office before April 1st.

As soon as you turn 18 years old or the time comes to graduate from school, secondary special or higher educational institution, immediately apply for the AGS.

Of course, no one is sent to alternative civilian service only at the fervent request of a conscript. The military commissariat to which you are attached will need reasonable evidence of your anti-militarist, religious or ethical position.

Write a statement that clearly, without unnecessary fiction, indicates your views, and justify why they cannot intersect with military service.

Your application should be accompanied by an autobiography, as well as a reference that you will be given at the place of your work or study. It would be a good idea to provide two or three statements from those who can confirm that personal or religious beliefs do not allow you to take up arms. For example, if you are a 7th Day Adventist or a member of another religious community with pacifist views, ask your superior to testify. But such statements are not mandatory.

The draft commission will need a month to review the received documents. If approved, you will be sent for a medical examination. And only after a medical examination and the conclusion that the doctors will make, a decision will be made to send you to an alternative civilian service.

Why might you be denied?

Unfortunately, even a timely submitted and reviewed application does not guarantee you a referral to the ACS. There are several reasons why you may be denied:

  • you knowingly provided false information in the application;
  • there are not enough arguments in favor of the fact that you cannot do military service, and not civilian service;
  • before that you already had cases of evasion from military service;
  • you missed two meetings of the draft board, and both times - without a good reason (good reasons for non-attendance include such - at the time of the meeting you were in the hospital with a serious illness or injury, your close relative was seriously ill or died, another emergency situation occurred that can be confirmed by several witnesses).
  • and, finally, the most banal - they did not fit into the deadline for submitting an application.

There is one caveat: if the draft board refuses to give you the opportunity to serve in civilian life, it must document its refusal. You do not need to prove the sincerity of your convictions - the documents provided for this are quite enough. That is, unfounded, without confirming their decision with specific facts, they do not have the right to refuse you.

What threatens "evaders"?

If you are lucky enough to get to the “alternative”, you should perform it as strictly as if you were in a military unit.

By not showing up for work without a really vital reason, you are violating your military duty. For this, an inevitable punishment will follow, up to imprisonment for a period of six months, or a milder one - in the form of a fine corresponding to the salary for the same period, or 480 hours of compulsory work.

In any case, the punishment for those performing alternative service is less severe than for those serving in the army. What punishment to subject the evader, the court decides. If you do not agree with the decision of the court, you have the opportunity to appeal it to other, higher instances.

Where and how do alternative service take place?

According to the law on alternative civilian service, a conscript can be sent to serve in any region of the Russian Federation. In fact, it all depends on which locality needs workers. And this means that you have a real chance to stay at home.

Have you been sent to serve in another city and your parents, and yourself, are concerned about how you can get to your destination, where you will live there? Don't worry! The state will take care of this. You will be allocated a room in a hostel, they will cover the cost of travel. In addition, on vacation you can go home for free: your employer should take care of this.

When performing alternative civilian service, you sign a fixed-term employment contract with the enterprise where you will work. You will even be paid a salary - albeit a very small one, because the lowest paid places are allocated for alternative service, which do not attract other applicants. You should not particularly count on private part-time jobs either: they are prohibited on the ACS.

All professions are important, all professions are needed

Alternative Military Service 2017 provides conscripts with a large selection of a wide variety of professions. Working hands are most needed in agriculture, industry, and animal husbandry. But many are sent to serve as cooks, gardeners, cleaners, carpenters, locksmiths.

Not so often, but still may be needed: cultural workers, programmers, paramedics, educators kindergarten.

It is difficult to say what kind of activity you will have to do. It depends on whether you have any education other than a high school course, and whether you had previous work experience. Your state of health is also taken into account.

For example, if your destination turns out to be St. Petersburg, most likely, either the Postal Service Administration, or the regional pathoanatomical bureau, or the Leningrad Oncology Center will provide you with a job.

AGS: myths and reality

There are many controversial rumors about alternative military service. Some of them are close to the truth, others have nothing to do with it. They seem to be distributed by those who have never picked up the Constitution of the Russian Federation. There you can find answers to all your questions.

Here are some examples of such inventions.

  • Fiction: only representatives of certain religious movements can perform alternative service.
  • True: even an atheist has the right to undergo ACS if his moral and ethical principles contradict military service.
  • Fiction: you are required to present to the draft board a certificate of your belonging to any religious denomination.
  • True: you CAN attach another one to the submitted documents, which confirms that you are a Hare Krishna, Adventist or a representative of another faith, but no one has the right to DEMAND this from you.
  • Fiction: those who served in civilian life are prohibited from subsequently working in the police, fire department and similar structures.
  • True: this is one of the oldest rumors, dating back to a time when alternative service did not yet exist, and those who could not serve in the army for health reasons were not suitable for work in such organizations for the same reason.

Whatever the reasons that prompted you to prefer alternative civilian service to the barracks, this is your right. Are you sure that you can bring much more value by caring for dying old people in a hospice or helping to build a kindergarten? Be sure to defend your decision.

Prepare in advance for the upcoming draft committee testament, think about the questions committee members may have and your answers. Just in case, bring a voice recorder. And be sure to bring two or three witnesses with you. Be self-confident, consistent and logical - and you will definitely be lucky!

Alternative civilian service in Russia: how to legally "slope" from the army

It's no secret that military service is not particularly popular with modern Russian youth, and there are many reasons for this. This is the rejection of strict discipline, and the fear of hazing, and the banal unwillingness to "spend" on the army whole year precious young life. What tricks do conscripts go to in the hope of avoiding the tenacious embrace of their native Ministry of Defense: they distribute bribes, “draw” terrible diagnoses, or hide from subpoenas to the military registration and enlistment offices and the police for years.

But there is another way to avoid the barracks and military drill. It is completely legal and gives the young man the opportunity to benefit society - this is the passage of alternative civilian service (ACS).

The federal law on alternative service was adopted in 2002, a year later a presidential decree was issued containing a list of vacancies and organizations where those who wish to undergo ACS will be sent. Initially, the law was adopted for those who do not want to serve in the army for ethical and religious reasons, especially since such a right is spelled out in the Constitution of the Russian Federation. Today, almost any conscript can go to alternative service.

It can be added that alternative service is a common worldwide practice. Now it is in Finland, Norway, Denmark, Switzerland and even in such a militarized country as Israel. For several decades, the ACS existed in Germany and France - it went into oblivion along with the draft army.

Different things are said about the ACS: someone praises it, others respond critically. Many do not know about the existence of an alternative to military service, because there is little information about it, but myths are very common, which are often broadcast even by the central media. As statistics show, alternative civil service in the Russian Federation is not very popular - it is chosen by less than one percent of young people of military age.

General definition and description

Alternative service is a special type of labor activity that a citizen can choose instead of compulsory military service. Young people fit for health reasons to be drafted into the army may work in civilian public institutions and even get paid.

Basic principles of the ACS in Russia:

  • Alternative service should take place outside the subject of the Russian Federation, from where the citizen was called up. Usually this rule does not apply - more than 60% of citizens (for 2018) undergo ACS at their place of residence. The place of passage and the type of activity are determined by the employment service;
  • You can pass the ACS only at enterprises or institutions of the state form of ownership;
  • A person who has chosen the ACS does not have the right to terminate the employment contract on his own initiative, he cannot participate in strikes, earn extra money on the side or work anywhere else;
  • "Alternatives" should not occupy leadership positions, evade direct duties, leave the workplace. Absence from work without a good reason is considered absenteeism and is not counted in the term of the ACS;
  • Conscripts from small indigenous peoples usually do alternative service in the economic entities of traditional industries and crafts;
  • The term of stay at the ACS exceeds the time of service in the armed forces.

All other issues are governed by the provisions of the Labor Code. These include: working time and its payment, the rights and obligations of a citizen, as well as his employer, dispute resolution, etc. In essence, the ACS is not much different from ordinary “civilian” labor activity.

After completing the alternative service, the citizen is transferred to the reserve and receives a regular military ID. It will even indicate the VUS (military registration specialty), but a citizen who has passed the ACS will not be called up for regular training.

Who can apply for alternative service

Any citizen of our country has the right to refuse military service and benefit the Motherland through peaceful labor. The law provides for two grounds under which a conscript can choose an ACS:

  • If military service is contrary to his ethical or religious beliefs;
  • The conscript belongs to a small people who lead a traditional economy.

To get into alternative service, a citizen does not have to be a member of a religious organization for many years or prepare for a career as a clergyman. It is enough at a meeting of the draft commission - it makes such a decision - to coherently and reasonably substantiate why military service is contrary to his ethical convictions. According to the current legislation, the conscript does not need to prove anything, he must only report the decision in a special statement.

With representatives of indigenous peoples, the situation is even simpler. As a rule, they live compactly in remote areas of Siberia and Far East and engaged in traditional farming. In order to perform alternative service, it is enough for representatives of these peoples to submit a document at the place of "registration" within the period established by law.

Legal basis for alternative service in Russia

The main legal justification for alternative service in our country is the Constitution of the Russian Federation. Article 59 of the Basic Law refers to the procedure for military service, and its third part indicates that civilians have the right to go to the ACS. It can be added that the right to alternative service is a global practice that has long been recognized at the international level.

On June 25, 2002, after long disputes and discussions, the law "On Alternative Civil Service" was adopted. He is the main legal instrument, which regulates who and how can undergo ACS. In 2003, a presidential decree was signed on the organization of alternative service. There is also an order of the Ministry of Labor, which lists the positions, specialties and professions for "alternatives".

A young person who is thinking about ACS would do well to familiarize himself with the Criminal Code in order to learn about liability for evading alternative service. There are also internal documents adopted on this issue in various ministries and institutions. All this speaks of the seriousness state approach to the organization of alternative service.

How long do you need to serve at the AGS

"Alternatives" serve longer than their peers drafted into the ranks of the armed forces. This fact can be called one of the main disadvantages of AGS. Initially, the term of service was almost four years, but after the changes in 2008, it decreased to 21 months, and for young people doing civilian service in military organizations - to 18.

The ACS does not include:

  • the time of serving the arrest after the commission of an administrative or criminal offense;
  • periods of additional leave that are provided to employees for education;
  • Holiday to care for the child;
  • suspension from work due to drug, alcohol or other intoxication.

Alternative service begins on the day of departure of a citizen to the place of its passage, which is indicated in the order of the military registration and enlistment office. Its completion is considered the date of termination of the employment contract with the employer.

The ACS also has pluses: any "alternative" has two legal holidays and days off a year, which he can use at his own discretion. So the real time spent at the ACS is a year and four months. If a citizen is sent to serve in another city, then his transportation costs during the holidays are paid by the state. Citizens in the civil service have the opportunity to receive sick leave.

Who will have to serve

A conscript entering an alternative service cannot choose a future place of work - one of the main features of the ACS. True, before distribution, you must report knowledge, skills, and preferences to Rostrud, however, as practice shows, these data are not always taken into account. So there are many job opportunities.

Conscripts have already developed a stereotype that in the alternative service they will have to carry chamber pots or wash toilets in social institutions. Indeed, you may well be an orderly, cleaner or doctor in a district hospital or nursing home. But in fact, the choice is much wider: the list of professions for alternative military service in 2018 in Russia consisted of 114 vacancies. In 2017, there were 104.

Construction specialties are almost always needed: masons, welders, electricians and laborers. Drivers, loaders, plumbers, cooks, locksmiths, gardeners are traditionally in demand. Young people in the alternative service are often sent to forestry, road service, they work as firefighters, librarians, and meteorological stations on duty.

In recent years, Russian Post has been the real leader in terms of the number of vacancies for the ACS. According to statistics, about 60% of “alternatives” have no specialties at all, 15% of recruits have professions that are not needed by employers.

Citizens in alternative service may be sent to eliminate the consequences of fires, floods or other natural disasters on the territory of the Russian Federation. There are even exotic vacancies: caring for animals in a zoo or circus. You can get into the technical staff at the plant or factory.

A citizen who has chosen an alternative service can be sent to any corner of our vast Motherland. But due to the chronic shortage of housing, ACS usually take place at the place of registration. In this case, you will live at home and go to work every day, and then you can do whatever you want.

How much do they get at the AGS

It is clear that “alternatives” fill vacancies that civilian specialists have abandoned due to low wages or harsh working conditions. An unsatisfactory level of payment is one of the main disadvantages of the ACS. Citizens in alternative service receive from four to twenty thousand rubles.

The average salary is about 10 thousand rubles a month. It is difficult to live for that kind of money, especially since, unlike the army, you have to buy food at your own expense. If for an eighteen-year-old guy such an amount can still be acceptable, then for a former student who recently graduated from a university, it is clearly insufficient.

A citizen who is on the ACS should be paid the same amount as "civilian" employees in a similar position receive. This is a legal requirement. If you are appointed as a doctor in a polyclinic, your salary must be no less than that of your colleague with the same qualifications and experience.

"Alternatives" have the right to receive in absentia during their service higher education. True, ACS is unlikely to help you make a career or give you skills that are useful later in life. Today, alternative service conscripts tend to be sent to places where no one else wants to work. Therefore, the question of where there is more hopelessness - in the army or at the ACS - does not have a definite answer.

How to get into alternative service

The law clearly outlines what needs to be done to replace the regular military service with an alternative one. The procedure is quite simple. A conscript who has made such a decision must personally write an application and submit it to the district commissariat. In the text, he must indicate the reasons and motives that prompted him to make such a choice. You can easily find it on the internet correct pattern completing such a document.

If you refuse military service for religious reasons, then the document should list people who can confirm your words. It can be friends, relatives or just acquaintances. The application must be accompanied by an autobiography, as well as a reference issued at the place of work or study. Then the papers must be taken to the military registration and enlistment office, in which you are registered with the military. The application should be submitted in two copies: on the second, the employees of the commissariat must mark the acceptance of the document.

It is important to submit documents within the legal deadlines - they must be submitted six months before the call for which you are eligible. If you will be drafted into the army in the fall, then the application must be submitted before April 1, and in the case of a spring draft, all formalities must be completed before October 1.

An application for the replacement of military service with an alternative one is considered at a meeting of the draft commission, which must take place no later than one month after the start of the draft. A citizen applying for the ACS is obliged to personally attend it, therefore, he is notified in advance about the date, time and place of the event.

The commission hears the conscript, considers his arguments, gives the floor to people who agree to confirm the veracity of the information contained in the application. According to the norms of the legislation, the draft board has one month to make a decision, after which it either issues a conclusion on the replacement of the military service of the ACS, or refuses to satisfy this application.

The most common reason for rejection is late submission of the application. Such an approach should not be considered empty formalism: restrictions on the deadlines for filing applications were introduced into the law for a reason. Six months between the application and the call for alternative service allow enterprises and institutions to form a database of vacancies for those wishing to undergo the ACS, and the employment service to find suitable jobs for them in this list.

But an overdue application does not mean a final refusal: your documents must be accepted and considered. Only the draft board has the right to refuse to pass the ACS, including on the basis of violation of deadlines. If the delay is due to valid reasons, then the issue is considered in the general manner.

If the draft board still did not accept your application due to its late submission, then this decision can be appealed in court. In the newest Russian history there has already been a case when a case on the refusal of a conscript to perform alternative service reached the Constitutional Court.

Possible reasons for refusal to pass the ACS

The law provides for only five main reasons why a conscript may be denied an alternative service:

  • Violation of the application deadline. This reason is the most common, and it has already been discussed in detail above;
  • Inconsistency of the information provided by the conscript in the application, real situation affairs. For example, a citizen tells the commission that he is a pacifist and is not subject to conscription into the army - he is disgusted to take up arms. But during the consideration of his case, it turns out that he has been a member of the shooting club for many years. Or a citizen declares his rejection of violence, and then it becomes known that he has a rank in boxing or a black belt in karate. Such a decision must be motivated and based on real facts established by the draft board;
  • Knowingly false information in the application or in the documents attached to it;
  • Failure to appear at two meetings of the draft commission on the issue of replacing the military service of the ACS without good reasons. In order to be denied an alternative service, the conscript must not appear twice at the meetings on his issue;
  • A citizen may be denied the passage of the ACS if he already had the opportunity to undergo alternative service, but evaded it.

Denial of the right to perform alternative service for any of the above reasons can be appealed in court.

History of alternative service

The history of mankind is a real series of bloody wars and armed conflicts. At all times there have been people who do not accept violence and reject the possibility of depriving their own kind of life. As a rule, such views were based on religious beliefs. Almost always, the attitude of the authorities to such manifestations of pacifism was sharply negative: those who did not want to fight were persecuted, lowered in status, deprived of civil rights, and sometimes executed.

Alternative service before the revolution

AT European history cases of refusal to bear arms have been known since the first centuries of Christianity. We know the names of the Romans who were executed for refusing military service. In Russia, such precedents have been known since about the 18th century: the Old Believers, Dukhobors, and Molokans did not want to join the army.

In our country, the right to refuse military service for religious reasons was first recognized by the state in the 18th century, during the reign of Catherine II. At the invitation of the Empress, a mass migration to Russia of Mennonites began - representatives of one of the currents of Protestantism. The Mennonites were not only staunch pacifists, they denied the possibility of taking any oath, including the military oath. Catherine believed that the involvement of these hardworking and law-abiding people would benefit the state and granted them the right not to serve in the army. But this was an exclusive privilege, valid in relation to a very limited group of citizens: in the same historical period, the Dukhobors were severely persecuted for refusing military service.

The problem escalated after the introduction of universal military service in the reign of Alexander II. The authorities are faced with a massive rejection of conscription by various religious denominations. Among others, the Mennonites, who have long been accustomed to their privileged position, also fell under the distribution. This prompted them to mass immigration - within ten years, about 15 thousand people left Russia. The consequences of the departure of members of this richest community from the country forced the government to “turn on the back”: all Mennonites who lived in the country before 1874 were exempted from military service.

In 1880 Mennonites were again taken into the army, but instead of military units they were assigned to forest teams, fire brigades and shipyards. And Russian state allocated money to pay for their work, treatment, equipment workshops. In fact, it was the first alternative service in the history of our country.

The Mennonites served for four years. Although they were called up by the military department, the Land Management Department, which was not a structure of the armed forces of the empire, was engaged in organizing their future fate. The Mennonites were part of the work teams, strictly subordinate to the appointed commanders. For offenses and crimes, they were liable under military criminal law.

Civil service in the twentieth century

At the end of the 19th century, morals softened somewhat: in Russia, Dukhobors, Molokans, evangelists, Baptists, and representatives of other religious movements began to be exempted from military service. The First World War threw the situation back - the punishment for refusing to serve in the army was execution, although it was usually replaced by life hard labor. A similar situation was in European countries ah: in France, refuseniks were executed, in Germany and Austria they were imprisoned in psychiatric hospitals.

After the victory of the February Revolution, conscientious objectors were amnestied. Kerensky issued a decree establishing an alternative civilian service, but the Provisional Government did not have time to implement it.

Russia is one of the three countries that have officially recognized the right of citizens to conscientious objection to military service. This honorary list also includes Great Britain (since 1916) and Denmark (since 1917).

The decision of the Provisional Government on alternative service was already implemented by the Bolsheviks, having adopted a special Decree on this occasion. This happened at the very beginning of 1919. The document ordered the use of refuseniks as orderlies or give them other work of their choice, not related to carrying weapons. The decree stated that those who refused military service should be sent primarily to infectious hospitals. However, it was not easy to get into alternative service: this happened only by a court decision and after an examination by a special religious council, which decided whether a person was really a believer.

In the twenties, the legislation regarding refusal of military service was tightened: it became much more difficult to get into the ACS. The institution of alternative service existed in the Soviet Union until 1939, and the new law on military duty did not provide for such a possibility.

In 1940, a law providing for exemption from military service on religious grounds was passed in the United States. It was replaced by community service. In Nazi Germany, for refusing military service, they were shot or sent to concentration camps. So many Jehovah's Witnesses suffered.

After the end of the war, the possibility of alternative service appeared in most European countries: in Germany, France, Belgium.

Post-war period and recent history

The right of a citizen to refuse to serve in the army for reasons of conscience was again remembered after the collapse Soviet Union. In 1993, it was enshrined in the new Constitution Russian Federation. In 1994, the State Duma tried to pass a law on alternative service, which passed the first reading, however, later it was rejected and sent for revision.

The next attempt took place in 1998, but it was also unsuccessful - the draft law on ACS was rejected and sent for revision. At the same time, hundreds of young people across the country refused to serve in the army because of their beliefs. They had to defend their choice in the courts, which sometimes took months or even years. Organizations such as the "Committee of Soldiers' Mothers" provided all possible assistance to conscientious objectors.

In 2001, the military submitted their draft law on alternative service to the State Duma. They tried to make the ACS as difficult and unprestigious as possible in order to discourage the conscripts from any desire to refuse military service. Somewhat later, an alternative version of the law appeared in parliament, prepared by public organizations and liberal deputies. Throughout 2001, this topic was actively discussed at numerous seminars and round tables in many regions of the country. In early 2002, the Coalition "For a Democratic ACS" appeared.

The finalization of the law lasted six months. It was adopted and signed by the President on July 25, 2002. The final version of the document can be called a compromise between the drafts prepared by the military and public activists.

Alternative service in other countries of the world

In France, a law on alternative service was passed in 1961. This was preceded by a month-long hunger strike by 74-year-old activist and staunch pacifist Louis Likvar. His only demand was the introduction of ACS in the country.

A few years later, alternative service became extremely popular: it allowed young people not only to avoid being drafted, but also made it possible to work abroad, as part of various humanitarian missions. The experience made it possible to create a powerful volunteer movement in France, which today actively helps third world countries.

In 1983, the French Parliament passed a law on national service, according to which, the term of alternative service was twenty months, and any deep convictions could become the basis for passing the ACS. Alternative service in France was abolished in 2001, after the full transition of the armed forces to a contract basis.

There is an alternative civilian service in almost all Western countries. In Switzerland, young people can not only choose the ACS, but also serve in the army without weapons.

In Spain, the possibility of performing alternative service appeared only after the death of Franco and the departure from power of his political force. The right to ACS was enshrined in the country's Constitution in 1978, and in 1984 the country's parliament passed a corresponding law. The Spanish conscripts liked this idea so much that at first there were simply not enough vacancies for them. In 1988, provisions for alternative service were clarified by royal decree. The ACS existed in the country until the abolition of compulsory conscription into the army, which took place in 2001.

In Italy, the civil service law was adopted in 1972. In 1998, it was supplemented by the conscientious objection law. The term of the ACS in this country is ten months, it takes place in public institutions and non-profit organizations.

In Poland, provisions for alternative service first appeared in a defense law passed in 1988. In 1992, a special law was passed on the passage of the ACS, according to which, the term of alternative service is 24 months, it takes place in hospitals, government agencies or public works.

In Germany, the right of citizens to refuse military duty has been written into the Constitution since 1949. The law on ACS was revised several times, in 1995 its term was reduced to 13 months. In the 60s and 70s, alternative service in Germany was part of the general trend of German society to abandon military ideas, generated by the memory of the Second World War. In the "zero" years, about two-thirds of conscripts chose alternative service instead of traditional military service. In 2011, the ACS in Germany became a thing of the past - the Bundeswehr completely switched to a contract basis.

Many German experts stated that the military service lasted so long in Germany precisely because of the ACS. For a long time, refuseniks occupied a significant proportion of social vacancies that no one else agreed to. German "alternatives" worked as orderlies in hospitals, in the rescue service, and in environmental organizations. German laws allowed citizens undergoing ACS to work in other countries as part of humanitarian missions. Moreover, alternative service was highly respected in the country: it was believed that it gives a young person work experience, the opportunity for socialization, and provides serious moral education.

In Scandinavian countries - Norway, Finland and Sweden - conscription still exists today. At the same time, young people can easily replace it with AGS. Despite this, alternative service in these countries is not very popular: the percentage of conscripts who refuse to take up arms cannot be compared with Germany or France.

In Switzerland, the law on ACS was adopted in 1996, the period of its passage is six months. Military service in this country is considered a prestigious occupation, so there are relatively few “alternatives”. It is possible to serve in the ranks of the armed forces, but without a weapon, if wearing it is contrary to beliefs young man. Citizens who fundamentally do not want to join the army can choose an alternative service. Previously, for this it was necessary to pass a special exam confirming (or refuting) the presence of religious or ethical beliefs against military service. In 2009, this procedure was abolished: now the desire of the conscript is enough to select the ACS. Young people have the opportunity to perform alternative service abroad, but for this it is necessary to meet very serious criteria: to have professional education and recommendations for high level speak foreign languages, have experience of working in other countries. According to statistics, only 1% of recruits meet these requirements.

In Israel, the opportunity to perform alternative service appeared in the mid-1970s. Initially, only girls who did not want to join the army for religious reasons received it. Later this right was given to Orthodox Jews, Palestinians, citizens with disabilities. Today, alternative service is rather a special program designed for the social adaptation of repatriates and young people of Arab nationality. It is believed that the ACS performs its task perfectly - citizens who have completed such service have significant success compared to their peers. Young people in the alternative service are paid a double soldier's stipend.

Ukraine adopted a law on alternative service in 1991, before Russia and Belarus did. True, this document defined rather strict limits: only religious beliefs were recognized as a reason for refusing military service, and only representatives of organizations recognized by the state could receive such a right. Ukraine has repeatedly declared its desire to completely switch to a contract army, and the 2013 draft of the year was supposed to be the last. However, the events of 2014 postponed this prospect indefinitely.

The right to perform alternative service is fixed in the constitution of the Republic of Belarus, however, the relevant law was prepared and adopted only in 2015. According to him, citizens whose religious beliefs do not allow them to take up arms have the right to ACS. The term of alternative service is 36 months. Citizens with higher education serve 24 months. It can be added that the ACS in Belarus is not particularly popular: at the beginning of 2017, only 13 people took it.

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