Upon reaching conscription age, the duty of every man is to visit the military registration and enlistment office, where he undergoes a medical commission that determines the possibility of serving in the army.
Not all citizens can defend their homeland due to health reasons. Often, military registration and enlistment office employees, violating the law, recognize as fit for service conscripts who are entitled to a deferment or military loads are completely contraindicated.
In this case, in order to restore your constitutional rights, you must appeal the decision of the military registration and enlistment office employees. This can be done either administratively or by applying to the judicial authorities.
Functions of military registration and enlistment offices
To appeal the actions of military registration and enlistment office officials, it is necessary to have information about the functions of the legal entity. State institutions are obliged:
- Keep records of persons of conscription age for military service.
- To prepare future conscripts for military service.
- Carry out activities to attract contract persons to service.
- Conduct a medical examination of persons to determine their suitability for conscription.
- Organize conscription and training of persons liable for military service.
- Prepare measures to mobilize people and equipment if necessary.
- Monitor the conservation of equipment necessary for the operation of the organization for mobilization work.
- Keep records of reserve and retired military personnel, storage of personal files, organization of pensions.
In addition to the main tasks, military registration and enlistment offices solve additional problems of popularizing military service, maintaining archival work, recording database veterans, and others.
Rights and obligations of conscripts
The main complaints about the actions of military registration and enlistment offices arise when organizing conscription for military service. Citizens of the Russian Federation of military age are required to undergo compulsory military service and participate in training camps aimed at maintaining the combat readiness of the population. Persons should not evade conscription, undergo a medical examination, and timely provide documentary evidence of the right to a deferment.
The procedure for conscription is established by the Federal Law of March 28, 1998 No. 53-FZ “On Military Duty and Military Service.” Article 29 of Federal Law No. 53-FZ defines the rights of a conscript to appeal the decision of the draft commission. During the period of filing a complaint with the court, the effect of the decision is suspended.
What to do if a conscript’s complaint is not satisfied?
A refusal to satisfy a conscript's complaint may be appealed. An application may be submitted to the court that has previously been considered and rejected administratively. The court decision can be appealed by filing an appeal to a higher court. The appeal must be filed before the court decision enters into legal force, that is, within a month from the date the decision is made in final form.
An appeal is filed through the court that made the decision. It must indicate the name of the court and the parties, the case number assigned by the court of first instance, an indication of the decision that is subject to appeal, the circumstances of the case indicating a violation of the rights of the plaintiff and demands for cancellation or change of the decision. In an appeal, one cannot refer to documents that were not examined by the court of first instance. It is permissible to add new evidence to the case only if it is justified that it was impossible to provide it earlier to a court of general jurisdiction.
Grounds for appealing the actions of military registration and enlistment offices
During the operation of district military registration and enlistment offices (RMC), conscripts have complaints about the actions of officials. Most often, several reasons are considered to be the basis for claims.
| Action of military registration and enlistment office employees | Explanation | Note |
| Unreasonable delivery of a summons with a referral to military service | If there is a deferment on conscription, a summons is not sent | The illegal actions of the military registration and enlistment office, and, in particular, the draft commission must be appealed |
| Refusal to grant a deferment due to health conditions | The functions of the medical commission do not include the identification of serious diseases; certification is carried out according to the general state of fitness | The conscript must undergo a medical examination in advance and provide supporting documents |
| Incorrect determination of a person’s fitness category for military service | When conducting surveys, they are guided by the Russian Federation Regulations dated July 4, 2013 No. 565 | There are 5 categories of suitability for military service from A to D, where A is fit, and D is not fit for military service. |
| Refusal due to marital status, need to care for loved ones in the absence of other relatives | A deferment is provided if there is a need to care for a sick relative, when guarding or raising a minor, when there are 2 or more children, and for other reasons. | Deferment due to marital status is valid until the period of loss of the basis or the period for which the deferment is valid |
| Denial of deferment for full-time studies at accredited educational institutions or until October for persons who have successfully passed the Unified State Exam | The deferment is temporary, terminated upon completion of studies and continued for the duration of the academic leave. | The deferment is granted once, with the exception of cases of master's degree studies. The basis for deferment is a certificate of enrollment |
| Refusal to send a conscript to alternative service if the person has grounds supported by documents | The right to alternative service is granted on the basis of Federal Law No. 113-FZ dated July 25, 2002. The basis for replacing military service is the decision of the draft commission upon personal appearance of the conscript | Replacing military service with civilian service is permitted in the presence of conflicting beliefs or religion, or belonging to indigenous peoples. |
Important! An appeal is made at any stage of interaction with a military structure - during a medical examination, a meeting of the selection committee, or receipt of a summons.
There are no deadlines for filing a complaint. However, situations often arise in which it is necessary to act quickly.
If a conscript with deferred service is unlawfully served with a summons, ignoring it will be recognized as evading the performance of public duties. If there are grounds for appealing against the actions of the military registration and enlistment office, filing a complaint must be made as quickly as possible.
Filing a complaint against a military registration and enlistment office official
The actions of military registration and enlistment office employees sometimes run counter to the law. When identifying grounds for appealing against the actions of officials, the first instance is the head of the institution - the military commissar.
| Presentation condition | Peculiarities | Explanation |
| Presentation form | The complaint must be submitted in writing through the office of the institution | After receiving the document, the secretary must put the registration number on the applicant’s copy according to the incoming correspondence log |
| Contents of the complaint data | It is necessary to indicate the details of the recipient, sender, and the essence of the complaint | The document must be signed by the person |
| Attachments to the complaint | The facts stated in the document must be documented | The complaint contains a list of attached documents |
| Review period | 30 days are provided for consideration of the complaint | The procedure for considering complaints from individuals is provided for by the Federal Law of May 2, 2006 No. 59-FZ |
Violation of the procedure for considering citizens may result in administrative penalties. Article 5.59 of the Administrative Code provides for a fine of 5 to 10 thousand rubles. Employees of the prosecutor's office have the right to impose punishment as part of an inspection initiated based on a complaint from individuals.
How to properly file a complaint
It is important to know how to properly file a complaint. The document is drawn up in writing. Two copies are required. One remains in the applicant's hands. The second document is submitted to the body that is authorized to consider it.
Attention! The second copy of the complaint, which remains with the citizen, must bear the date of acceptance and the signature of the responsible person. This will allow you to further confirm that the complaint was sent.
If the document is sent by mail, you can prepare one version of the complaint. The fact of sending should be confirmed by receipt of receipt.
There is no special document form provided. It is important that the text contains no blots or errors. It must be written legibly.
Filing a complaint to the prosecutor's office
If there is no positive result on the complaint submitted to the head of the RVC, the person can contact the prosecutor's office. It is possible to file a complaint simultaneously with the military registration and enlistment office and the prosecutor's office.
When submitting an appeal, you must select a subject of the Russian Federation or contact a higher authority - the Prosecutor General's Office. The website provides instructions for drawing up an appeal. Requirements include:
- Conditions for filing an appeal, taking into account jurisdiction.
- Using the Russian language when writing text.
- Providing information to understand the essence of a controversial issue.
- Restrictions on presentation format, text volume and attachments.
The applicant must agree to the requirements, after which he goes to the tab to fill out personal data.
You will need to select the type and type of appeal. Fields are required.
The applicant must identify himself. Anonymous requests are not considered by the supervisory authority.
Please fill in below information about the delivery method, email address and place of actual residence of the applicant. The person's address is not required to be filled out.
Next, text is recorded on the selected topic, scanned documents are attached, and the code is confirmed and sent to the recipient.
Appeal to judicial authorities
Prosecutor's supervision is carried out in the form of an inspection. To appeal the decision of the military registration and enlistment office, you will need to go to court. The procedure takes a long time. The conscript must follow a certain procedure.
| Face Action | Peculiarities | Explanations |
| Notification of the military registration and enlistment office. A person must notify the institution of his intention to appeal the actions of the military registration and enlistment office | A written form of notification is provided, submitted through the office | The oral form is not used to avoid being classified as a draft dodger. |
| Collection of documents for presentation to court | To go to court, you must have a basis supported by documents. | The evidence base must confirm violations by officials of the military registration and enlistment office |
| Drawing up a statement of claim or complaint | It is necessary to accurately indicate the recipient, sender, and the basis for the request | The attached documents are listed and presented in the form of certified copies |
| Filing an application or complaint to court | During the consideration of the claim, the action of the decision of the military registration and enlistment office is suspended | To go to court, you will need to consult a professional or support the claim in court. |
How is the trial going?
The case of a conscript’s complaint against the commission’s decision is considered as an administrative claim. The legal proceedings take place in several stages.
- The application and the documents attached to it are registered in the court office.
- A judge is appointed for the current case and the complainant is notified.
- The appointed judge gets acquainted with the documentary base attached to the application.
- The date on which the meeting will be held is determined. The date and time can be found on the court's website.
- A preliminary hearing is being held in the open case. There may be several further hearings. During the trial, the judge listens to the arguments of both sides. If one of the parties does not come to the hearing, it is postponed for approximately one month.
- As soon as there are enough arguments and evidence to make a decision, the main meeting is held. This is where the final decision is made. If one of the parties fails to appear at this hearing, it will not be rescheduled.
- If the court decides the case in favor of the plaintiff, then the conscript goes to the military registration and enlistment office for a military ID. If a citizen is not satisfied with the court's decision, he has the opportunity to appeal. The final decision is made within 2-3 months.
Contact the Ministry of Health
During the medical commission, decisions may be made that conscripts do not agree with. Controversial cases are cases of incorrect diagnosis, refusal to conduct additional examination, and underestimation of the category of fitness for service. One way to file a complaint is to contact the Ministry of Health hotline.
The essence of the claim is to appeal a biased decision of the medical commission or damage to health when sending a person with a chronic disease to the service.
After filling out personal data, an appeal of no more than 2,000 characters is created. The text part must contain information about the institution against which the complaint is being made and its location. To clarify the circumstances, indicate the applicant's phone number. If necessary, a file is attached to the text part, the format of which is indicated on the website.
The applicant must designate the sender's country and region. Additionally, indicate the desired response delivery method and, below, the sender's address.
The message is sent after agreeing to the terms of consideration of the application. A person can also contact Roszdravnadzor, the federal health care surveillance service.
Institutions of appeal
According to the Law, a complaint against the military commissariat can be addressed to one of the following authorities:
- To a superior person in the military registration and enlistment office (chief);
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It is advisable to contact this authority if the conscript has reasons for postponing conscription into the army.
When applying to this authority, you should draw up a complaint in the format of two copies, one of which (with the date and signature of the secretary) will remain in the hands of the applicant, and the second will be submitted to a higher official for consideration.
The completed claim petition can be delivered either during a personal visit to the institution or by mail.
The period for consideration of the submitted application, according to the law, should be no more than five days.
- Law enforcement agency (prosecutor's office);
If for some reason the military commissariat refused to satisfy a conscript’s request to defer conscription into service in the Armed Forces, the next authority to file a complaint will be the prosecutor’s office.
Drawing up a complaint against the military registration and enlistment office to the prosecutor's office is carried out according to the same procedure as to the military registration and enlistment office itself.
After the complaint is submitted for consideration by law enforcement officials, they will organize an unscheduled inspection of the commissariat, within the framework of which all the facts and circumstances specified in the complaint will be verified.
Appealing to the prosecutor's office does not suspend the decision of the commissariat on conscription into the army. In order to obtain a deferment of conscription, you should apply to the court.
