How can you not serve in the army legally? How to legally avoid joining the army. Guardianship for a close incapacitated relative

You can serve your homeland in different ways. Some do this with weapons in their hands, while others are better at peaceful pursuits. If you are one of these guys, you have probably thought about how not to go into the army and spend the extra year more usefully: start a career, earn your first money, get married.

You cannot refuse military service without a good reason. The draft dodger faces prison and fines, a ban on studying, working, receiving driver's license, travel abroad.

Medialeaks together with the organization "PrizyvaNet.ru"We have prepared a selection of 5 ways not to join the army without breaking the law.

Go to graduate school

Deferments for studying at technical schools or universities are given once, a second higher education will not save you from the army, but you can study in graduate school as much as you like - you will not be drafted into the army.

Therefore, if you are a smart guy or an eternal student, after graduating from university, go to graduate school. They don’t take anyone there, but if you’re not much of a scientist, you can try to get in for money. It is better to pay for your studies and get a degree than to pay a bribe to a military commissar and live in fear that a criminal case will be opened against you.

There are a lot of advantages in graduate school compared to student life: you don’t have to take classes, the stipend is bigger, the teachers shake hands as if they were one of their own. The downside is that you will have to develop science, conduct experiments, conduct research and defend your dissertation. Candidates have a lifelong deferment - they are given a ticket and released with respect. But if you don’t have time to defend yourself before you turn 27, they’ll take you away.

Become a deputy

If you feel a calling to politics, become a deputy of some Duma. Any will do - city, regional, state. Not only the police, but also the military registration and enlistment offices do not touch the deputies. If your career takes off, you can be re-elected and you can forget about the army.

It's cool to be a deputy. Immunity, connections, respect, money, status. You can even help people.

Work in the civil service

A good option, but not for everyone. You need to prepare for it from the last grades of school. Employees government bodies may not serve in the army if they have higher education, title and they went to work immediately after university and did not work anywhere else. If even one point doesn’t apply, you have to go serve.

Police officers, firefighters, customs officers and drug control officers can receive a deferment for civil service. You must work without layoffs until you are 27, otherwise you will also be called up.

Lose a lot of weight or gain weight

A bad and dangerous way is to gain or lose weight. Many people do this, but in vain. And here's why.

It is believed that the ideal weight for guys is your height minus 100. That is, if you are 180 centimeters tall, you should weigh about 80 kilograms. If your weight is 30 kilograms below or above normal, you will be given a deferment for six months.

It is believed that such weight deviations are a sign of the disease. You will be sent for monthly examination and treatment. If after six months the weight has not changed, they will let you go for another year. After two or three such circles, the military man will be handed over.

It sounds simple, but in practice it is difficult and without guarantees. To lose weight up to 45-50 kilograms, you will have to starve yourself for weeks. This will not go unnoticed for your health: problems with the stomach, metabolism, and cells will appear. Even an iPhone will be hard to hold, let alone a machine gun. To weigh over 120, you have to eat and look like a sumo wrestler. As a result, you will experience shortness of breath, problems with blood vessels and the heart. In both cases, you will have to forget about girls - they don’t like thin and fat men.

The most annoying thing is that all this may not work. If the commission decides that your weight does not prevent you from holding a machine gun, running and following orders, you will be called up.

Use the services of lawyers from PrizyvaNet.ru

The calmest and most reliable way. It's legal and painless. In "PrivaNet.ru"help to obtain a military ID or deferment using exclusively legal methods. The company promises double protection for doctors and lawyers - they will advise, tell and teach you what and how to do.

It’s difficult to figure everything out on your own. Military registration and enlistment offices take advantage of our lack of necessary information and fear and send to serve those who, by law and health, should not.

Lawyers They won't let you be deceived. They themselves worked for many years in military registration and enlistment offices and draft boards and know the system from the inside.

How does PrizyvaNet.ru work?

Call 8-800-200-66-46 and get a free consultation (you can also get it online). A lawyer will study your situation and tell you how the company can help you.If you decide, they will conclude an agreement with you. If the army is approaching, and there is nothing to pay, you can arrange an installment plan.

Doctors will refer you for medical examinations that will reveal your real non-contractual diseases. According to company statistics, 95 percent of conscripts have them. When the diagnosis is confirmed, you will be assigned a non-conscription category. And the next step is to invite you to the military registration and enlistment office and issue you with a military ID.

It’s calmer and safer to prepare for conscription three to four months in advance.

But “PrizyvaNet.ru” will also help in urgent cases. For example, they handed me a summons “with things” and sent me to a collection point, took my passport and already gave me uniforms. Lawyers know how to appeal an illegal decision in one day. One of these stories was described in the public page of the VKontakte organization.

This was a case of lawlessness. On December 12, conscripts were illegally detained at the Moscow assembly point on Ugreshskaya Street. They were kept locked up for several hours, not given water, beaten on the head, and prevented from providing emergency medical assistance to one of the guys. Most likely, cellular communications were jammed because none of the conscripts were able to reach their relatives or lawyers.

In this case, clients of PrizyvaNet.rufiled claims in advance for disagreement with the decision of the draft commission. This means that at the time the case was considered, the call was illegal. But this did not stop the military registration and enlistment office.The company's lawyers managed to rescue all those illegally detained by the conscript from the assembly point. None of them went to the troops.

By the way, in the “PrizyvaNet.ru” group on VKontakte you can get any free consultation on conscription issues.

Instructions

Federal law dated March 28, 1998 No. 53-FZ “On military duty and military service”, Articles 24 and 25 establish full list deferments from conscription and grounds for exemption from service. Deferments can be for a period from 6 months until the age of 27, so those who received the latter can also breathe freely. There remains only the danger of losing it due to the disappearance of the cause or changes in legislation. Non-serious illnesses and examinations, mild hypertension and some other reasons can delay the likelihood of conscription. All of them must be officially confirmed by a medical certificate written by a medical specialist and certified by a seal medical institution. Together with other acts of examination of more serious ailments, the paramedic of the military commissariat department sends them to the military medical commission, which makes a decision on deferment or release from military service.

Young men who are caring for sick close relatives receive a deferment if there is no one else to care for them - until the age of 27 or the disappearance of the reason (death or recovery). Also, the child or his father will not have to go into the army if there is no mother. Young families with two or more children will not lose their breadwinner, and the father of a young disabled child will receive a deferment until he reaches 3 years of age. It is also available to citizens of military age who have one child and a pregnant wife, who must obtain a certificate from the antenatal clinic stating that her pregnancy is more than 26 weeks. Firefighters, customs officers and other employees will not join the army government agencies, specified in paragraph 3 of Art. 24 Federal Law No. 53, however, if they are dismissed before the age of 27, they will be called up.

Schoolchildren and students will be able to complete their education and receive a diploma, and school students who graduate at the age of 18 and have time to join the army will receive a deferment for entering a college, technical school or university, even if they do not have such an intention. Those expelled will be called up, even if they re-enter another educational institution. If a conscript does not fall under any of the above points and has excellent health, but fundamentally does not want to take up arms, he can apply for alternative civilian service, but it must be written no later than six months before conscription. Those who have served in the armies of other states and received Russian citizenship also become holders of its military ID cards. Young men whose close relatives died during military service or later from injuries received during military service, as well as on a more positive basis - the presence of an academic degree, are not conscripted. And the last reason is an outstanding criminal record, as well as the status of a suspect in a criminal investigation.

When thinking about the laws that must be observed in the army, cases of hazing between military personnel (simply “hazing”) and desertion, replicated in the media, inevitably come to mind. Moreover, the Criminal Code of the Russian Federation is just the tip of the iceberg in a huge array of regulations that must guide military personnel of the Russian army in everyday life.

Instructions

Start by studying Section VI of the Federal Law of March 28, 1998 No. 53-FZ “On Military Duty and.” It provides detailed information about the length of service of military personnel, the procedure for taking the military oath and, most importantly, about military ranks, which I strongly recommend learning in advance so as not to be known in the army as a “slow” who cannot quickly master basic things.

Read the Federal Law of May 27, 1998 No. 76-FZ “On the status of military personnel.” It explains your rights and responsibilities during military service, and the responsibilities if you violate those responsibilities.

The process of military service is regulated by 3 Charters (the Charter of Service on Ships is also in force Navy).
1. The Charter of the RF Armed Forces is basic regulatory legal act regulating daily life and the activities of military personnel in a military unit in order to maintain internal order and military discipline;
2. The disciplinary charter of the RF Armed Forces defines the concept of “military discipline”, regulates the duties of military personnel to comply with it, types of rewards and punishments, and also prescribes the procedure for filing applications. In particular, after reading this charter, you will find out for what military offenses you can be sent to a guardhouse;
3. The charter of the garrison, commandant and guard services of the RF Armed Forces determines the purpose, procedure for organizing and performing guard, commandant and garrison services, rights and responsibilities of military personnel performing these services.

Do not forget to read Chapter 33 of the Criminal Code of the Russian Federation, especially Art. 335 “Violation of the statutory rules of relations between military personnel in the absence of subordination relations between them”, Article 337 “Unauthorized abandonment of a unit or place of service”, as well as Article 338 “Desertion”. Statistics show that these are the most common offenses committed by military personnel. Therefore, awareness of what, in your opinion, an innocent prank like going AWOL might threaten you with, can protect you, for example, from punishment in the form of detention in a disciplinary military unit.

Be sure to read about the current informal army rules. Find people you know who served in the army and ask them to tell you how things really work there. Look for forums for those who have served in the army and ask them questions that interest you. Remember that living experience cannot replace hundreds of circulars and instructions, but as practice shows, real life often does not comply with the provisions of regulations.

Serving in the army is, of course, prestigious. A young man who has served in the army receives much more opportunities in life, that is, he can get a prestigious position. For example, in the police, career growth is guaranteed, then enter a higher educational institution and begin to grow, so you can get the rank of colonel and so on. But few people want to serve in the army; for many it is a waste of time. How to avoid joining the army according to the law, is this even possible?

You can avoid joining the army, there are several ways that will save you from serving

The most legal methods and will not harm you:

1. Get married, if you get married and have a child, you will not be able to be drafted into the army until the child is 3 years old. During this time, you can have another child. If you have two children, then you will not have to serve at all, since you are the breadwinner. Naturally, marry only if you are sure that you can live family life. There is no need to ruin the life of yourself and others if you don’t want to get married at all. Choose another way to avoid military service.
2. Studies. Enroll in a higher education institution. The draft commission will definitely give you the opportunity to unlearn. And after you learn, you will be drafted into the army. But while you are studying, you can have children.
3. Caring for a sick person. If you are alone in the family and are taking care of your loved one who cannot move, eat, and so on. That is, in this case you are the guardian, you do not have to go to the army. But to use this method, you need to submit the necessary documents to the military registration and enlistment office medical documents, proving that your relative really needs care.
4. You don't have to join the army if you are going to adopt a child. You must show the draft commission all the necessary papers proving that you really become the child’s guardian.

A method such as leaving the country can also be harmful. You need to leave the country, but only formally, that is, according to the papers and, in fact, you will still live in your home as before. Just submit your documents to the OVIR and you will be crossed out. Now you can move on with your life, you will still have your passport in your hands. This method is risky.

A risky way is to hide from the commission and wander around other people's apartments and houses. Anyway, sooner or later you will be found and drafted into the army, and you may also be fined.

So if you are a healthy young man and you have neither children nor a sick mother, but only a healthy one, you are not the child’s guardian, then go into the army and serve the required time. This will be useful to you in the future.

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It’s no secret that Ukraine is at war. Although our government does not declare martial law, they have their own political motives. But another mobilization has been announced, and conscription for military service has been resumed. By the Decree of the President of Ukraine “On the timing of the next conscription, the next conscription of Ukrainian citizens for compulsory military service and the transfer of military personnel to the reserve in 2014,” the next conscription will take place in October - November 2014.

I won’t write about how to get out of the army. I will try to explain the rights of conscripts and those liable for military service. Since many do not know such simple truths as the conscription age, what a deferment from conscription is and who can take advantage of it, exemption from conscription and to whom it applies.

Materiel. Who is called and how it happens.
According to the Law of Ukraine “On Military Duty and Military Service,” male citizens of Ukraine who are 18 years old on the day of departure to military units, and older persons who have not reached 25 years of age are called up for compulsory military service in peacetime. age and are not entitled to exemption or deferment from conscription for compulsory military service.
Those who want to serve voluntarily can be accepted into military service under a contract.
Conscription in Ukraine for compulsory military service includes passing through a draft board and being sent to military units.
The organization of preparation and conduct of conscription is carried out by city (district) state administrations (executive bodies of city councils) in cooperation with city (district) military commissariats. (hereinafter referred to as the Military Commissariat)
The timing of the conscription (conscriptions) of Ukrainian citizens for compulsory military service for the next year is determined by the Decree of the President of Ukraine, which is published in the media mass media no later than one month before the end of the current year.
After the Presidential Decree is signed and published, it comes into force. Military registration and enlistment offices send out invitations - summonses. Conscripts who have received a summons from the Military Commissariat to arrive at the recruiting station to pass the draft board are required to arrive at the address and within the time specified in the summons;
Below it will be described how the summons should be served on the conscript.
If, under any circumstances, the summons is not received, citizens of military age are required to report to the recruiting station within ten days from the date of the start of the corresponding regular conscription, determined by the Decree of the President of Ukraine;
conscripts who have changed their place of residence are required to arrive at the district (city) Military Registration Office at their new place of residence within seven days to register for military registration;
During the next conscription, changing the place of military registration of citizens of military age is not allowed,
If a conscript fails to appear without good reason when summoned by the Military Commissariat to the draft commission, he bears responsibility established by law. (We will consider the conditions under which liability arises below.)
Valid reasons for the non-arrival of conscripts at the Military Commissariat:
- an obstacle of a natural nature,
- illness of the conscript or other circumstances that deprived him of the opportunity to personally arrive at the specified point and time;
- death of his close relative (parents, wife, child, brother, sister, grandfather, woman) or a close relative of his wife.
Such a valid reason must be proven documented.

Deferment from conscription for compulsory military service is granted:
- for family reasons;
- state of health;
- to obtain education;
-serving in the military reserve;
-continuation of professional activities.

Deferment from conscription for compulsory military service for family reasons provided to conscripts who have:
1) a disabled father and mother or a single disabled father or mother or disabled persons under whose guardianship, trusteeship or dependence the conscript was, or persons over whom the conscript exercises guardianship or trusteeship, if they do not have other able-bodied persons - citizens of Ukraine, obliged contain them in accordance with the law. Disability must be documented.
2) minor siblings or disabled siblings, regardless of their age, if they do not have other able-bodied persons, except the conscript, who are obliged in accordance with the law to support them;
3) a single father or single mother who has two or more dependent minor children until the eldest of them reaches adulthood;
4) a child under three years of age or a child over three years of age who is being raised without a mother due to her death or by court decision;
5) two or more children;
6) a disabled child;
7) a disabled wife;
8) pregnant wife.
Deferment from conscription for compulsory military service for family reasons at will may be provided to a conscript who is a person from among orphans and children deprived of parental care.
If there are two or more children in a family, one of whom is undergoing compulsory military service, a deferment from conscription for compulsory military service for family reasons may be granted to the conscript while his brother is undergoing compulsory military service. Those. If several sons are subject to conscription for compulsory military service at the same time, a deferment may be granted to one of them at their request, taking into account the proposal of the parents.
The draft commission may decide to grant a conscript a deferment from conscription for compulsory military service for family reasons, despite the conscript’s reluctance to take advantage of it, based on the fact that his conscription may significantly worsen the financial situation of the persons he must support in accordance with the law.
Example: Semyon really wants to join the army, but his pregnant wife will come to the military commissar and, despite Semyon’s great desire, he will be given a deferment.

Deferment from conscription due to health reasons for a period of up to one year is provided to conscripts who are recognized during a medical examination as temporarily unfit for military service.

Deferment from conscription for education for the entire period of study is provided to citizens of military age who study:
1) in general education and vocational educational institutions with full-time education. If such conscripts reach 21 years of age, the deferment becomes invalid;
2) in higher educational institutions with full-time study, including while receiving the next highest educational qualification level of higher education;
3) in secondary or higher religious educational institutions with full-time education;
4) in internship, graduate school or doctoral studies with or without interruption from work.
5) in educational institutions of other states.
Deferment from conscription is granted once during the period of study.
Lose the right to deferment:
expelled from educational institutions at their own request,
deducted for failure to comply curriculum, breach of contract or indiscipline.
The right to a deferment is lost regardless of re-enrollment in a particular higher educational institution or reinstatement in a higher educational institution.
The right to deferment remains:
— In the case when training is interrupted due to academic leave for health reasons or family circumstances, to care for close relatives.
— In case of transfer of conscripts who study in higher educational institutions of the III or IV level of accreditation with full-time education, for study at another higher educational institution of the specified level of accreditation and form of education
- when transferring during the academic year to a course not lower than that, and after the end of the academic year - to a higher course.

Deferment from conscription for compulsory military service to continue professional activities provided to the following citizens of conscription age:
teaching staff with complete higher education, whose main place of work is general education institutions, subject to a full load in their position - for the entire period of their work in their specialty;
for medical workers, subject to a full workload in their position - for the entire period of their work in rural areas in their specialty;
graduates of higher educational institutions, internships, postgraduate or doctoral studies who hold positions as researchers in institutions of the National Academy of Sciences of Ukraine - for the entire period of work;
graduates of vocational educational institutions, provided they work in the acquired profession at enterprises, institutions, organizations of state or municipal forms of ownership - for one year from the date of graduation from the educational institution;
clergy who have graduated from higher or secondary religious educational institutions and hold positions in religious organizations operating in accordance with the charter (regulations) registered in the prescribed manner - for the duration of the duties of the clergy;
candidates for people's deputies of Ukraine registered in the prescribed manner, upon their application - up to and including the day of publication of the election results;
rural, town and city chairmen and deputies of local councils - for the period of execution of these powers by them;
persons who independently or together with their parents run a farm - for a period of no more than one year from the date of receipt for this activity land plot;
persons who have an academic degree of candidate (doctor) of science and work in positions in a specialty in accordance with the group of specialties in the branch of science for which the scientific degree was awarded - for the entire period of their work in this specialty;
persons of command and rank and file of the internal affairs bodies of Ukraine - for the entire period of their service.
That is... finish school at 21, go to university and study to become a teacher, doctor or priest, given that there are elections on October 26, you can register as a candidate for deputy and get a deferment.

A deferment from conscription for compulsory military service is granted to conscripts who have been informed of suspicion of committing a criminal offense or in respect of whom a criminal case is being considered by the court - until a corresponding decision is made. But this is not our option.?!
Conscripts who have been granted a deferment from conscription are required to submit documents confirming their right to a deferment to the district (city) Military Registration Offices annually before October 1.
Conscripts who have lost the right to a deferment, as well as persons who do not have the right to a deferment or grounds for exemption from conscription, and who were not called up for various reasons for compulsory military service in established deadlines, must be called upon during the next call.

Take advantage of the consultation: Renewal of the right to travel beyond the border: protection and protection

Exemption from conscription for compulsory military service
Citizens of Ukraine are exempt from conscription for compulsory military service in peacetime:
1) those recognized for health reasons as unfit for military service in peacetime;
2) who by the day of departure for compulsory military service have reached 25 years of age;
3) who served in the military reserve during the terms of the first and second contracts;
4) father or mother, whose brother or sister died, died or became disabled during military service or military training. Conscripts who are eligible for exemption from conscription on this basis may not use it;
5) who, before receiving Ukrainian citizenship, completed military service in other states;
6) who were sentenced for committing a crime to imprisonment, restriction of freedom, arrest or correctional labor, including release from serving the sentence;
7) who, after graduating from higher educational institutions, were awarded military officer ranks.

How should they be notified of the need to appear at the military commissariat?
According to paragraph 64 of the “Regulations on the preparation and conduct of conscription of citizens of Ukraine for compulsory military service and the acceptance of conscripts for military service under a contract,” notification of citizens about conscription for compulsory military service and their arrival at recruiting stations occurs on orders of district military commissars and subpoenas, handed over to conscripts through housing and communal services, the relevant executive bodies of village, town and city councils, where there are no military commissariats, heads of enterprises, institutions, organizations, educational institutions, regardless of subordination and form of ownership. If necessary, subpoenas may be served on citizens directly at their place of residence.
Therefore, calls for example by telephone or by mail should not be considered as due notice. In the personal files of conscripts, a summons must be kept with the signature of the conscript stating that he has been warned about the day and time of his appearance at the district military commissariat. That is, the message must be delivered to the conscript personally.
But you don’t need to be happy that you were not notified or were improperly notified, if you have reached 18 years of age and have not reached 25 years of age, do not have a deferment or exemption from military service, then according to Art. 15 of the Law of Ukraine “On Military Duty and Military Service”, if, under any circumstances, the summons is not received, citizens of military age are required to report to the recruiting station within ten days from the date of the start of the corresponding regular conscription, determined by the Decree of the President of Ukraine.

We all know that ignorance of the law does not exempt us from complying with it.
Military commissars have the right to contact the Ministry of Internal Affairs for the search, detention and delivery to the Military Commissariat of an “army dodger”
And so we come to responsibility:
Administrative (Article 210,211 ALCO) -
Violation by persons liable for military service or conscripts of the rules of military registration, their failure to appear when called to the military commissariat without good reason or untimely provision to the registration authority of information about a change in place of residence, education, place of work, position, as well as violation of the procedure for passing training fees —
entail the imposition of a fine from five to seven tax-free minimum incomes of citizens. (from 85.00 to 119.00 UAH).
Repeated commission of a violation within a year, for which a person has already been subject to an administrative penalty, entails a fine of ten to fifteen non-taxable minimum incomes of citizens (from 170.00 to 255.00 UAH).

Except administrative responsibility provided by U head (Article 335,336,337 of the Criminal Code of Ukraine) -
Evasion of conscription for compulsory military service is punishable by restriction of freedom for a term of up to three years.
Evasion of a person liable for military service from military registration after a warning given by the relevant military commissariat is punishable by a fine of up to fifty tax-free minimum incomes of citizens, or correctional labor for up to two years, or arrest for up to six months.
Evasion of a person liable for military service from training (or verification) or special fees is punishable by a fine of up to seventy non-taxable minimum incomes of citizens or arrest for a term of up to six months.

It should be noted:
The subjective side of the crime under Art. 335 of the Criminal Code of Ukraine, is characterized by guilt in the form of direct intent. If the conscript did not appear at the Military Commissariat because, say, he did not receive the summons in a timely manner, criminal liability excluded.
Serving the sentence does not entail release from the performance of the duty due to non-fulfillment of which the punishment was imposed.

In this article we will consider the most important points concerning those young people who have already come to serve in the ranks Russian army. We will try to clearly explain what awaits you before and during the draft and what rights you have.

• passport;
• certificate from the place of study and work;
• all available diplomas and certificates of completion additional education and various courses;
• rights;
• certificate of family composition;
• six photographs 3 x 4 cm;
• medical card from the clinic;
• marriage certificate and birth certificate of children, if any.

On our website.

Download here.

1. Personal hygiene products (toothbrush and paste, disposable razors, soap, washcloth, comb, etc.).
2. Black and white threads, needles.
3. A small photo album with photographs of relatives.
4. Notepad, general notebook, pens, envelopes and stamps.

In addition to the fact that military service in the army was reduced to 1 year, many more positive changes took place. Upon entering service, each soldier is assigned an individual electronic passport and bank cards are issued. Upon completion of his service, a soldier can continue to connect his life with the army, but under a contract, which provides not only decent pay, but also many benefits.