Who is eligible for a replacement? Alternative civil service - procedure for passage. IV. Features of the direction

In our time, the value of human life and freedom is, of course, basic, recognized by the majority of countries in the world, and every year it only continues to consolidate in this position. It's no secret that in developed countries, forcing a young man to take a machine gun or other weapon in peacetime and force him to learn to shoot in order to kill and destroy is not a normal and adequate process. Another thing is that in most developed countries, military service is an exclusively voluntary decision of citizens, carried out only on a contract basis, therefore, there cannot be a situation where someone is forcibly given weapons, ammunition, trained in hand-to-hand combat, and so on.

In the Russian Federation, the army consists not only of contract servicemen, but also conscripts who are graduates of schools and universities. These young men are required to serve in the army by law, regardless of their desire. However, it is impossible to force all the children to study military affairs, because Russia is a rule-of-law state, and the above-mentioned human rights and freedoms are recognized in our country as one of the main values. Everyone knows that there are faiths and religions in which violence is a strict taboo, including the use of weapons, since they are designed to harm another person. Obviously, citizens with such faith cannot be forced to serve in the army. Based on this and some other cases, as well as based on global practice, an article was enshrined in the Constitution of our country providing for the right to the so-called alternative civil service. Every citizen of the Russian Federation has this right. What is an alternative civil service, the conditions and requirements in 2020 for completing this type of activity will be discussed in this article.

What is the Civil Alternative Service (CAS)?

Alternative civil service is an activity aimed at the benefit of the Russian Federation and its citizens, which replaces military service for young conscripts. In other words, this is a regular job (labor activity) that can be done for a certain period of time and under certain conditions/requirements, and which takes place instead of serving in the armed forces. Naturally, it is impossible to choose this path simply at the request of the conscript. How to pass the AGS, the procedure and conditions will be discussed further. We are sure that now you know what an alternative civilian service is.

Right to alternative civil service

Let's look at the legislative acts that provide for the right to alternative civil service. Since this concept relates to military service, one should refer to the Constitution of the Russian Federation, namely Article 59. This article provides a reference to the law regulating military service, and in part 3 it is clearly stated that every citizen has the right to undergo the ACS in the conditions established by the relevant federal law cases. Thus, the right to alternative civil service is given to every citizen on the basis of a legal document that has the highest legal force. Everyone knows that lower-level regulatory documents cannot contradict higher ones, otherwise the first ones will be recognized as having no legal force, at least in the part where there are contradictions. Let's move on to the Federal Law, which establishes the definition, conditions and procedure for passing, the terms of the AGS and other nuances.

Federal Law (FL) on alternative civil service

In accordance with the Constitution of the Russian Federation, the Federal Law “On Alternative Civil Service” was developed and put into effect. This law is numbered No. 113-FZ and was signed by the President on July 25, 2002. The document begins with one of the key sections, namely, who has the right to replace military service with alternative service. Two categories of citizens have this right:

Those conscripts for whom the activities associated with their service (for example, training in shooting from military weapons) go against the moral principles (beliefs) of the conscript or his religion/faith.
Those conscript citizens who belong to a small indigenous people living and conducting traditional activities or farming.

If only a few young men belong to the second category, then potentially all other guys of military age can be included in the first, so the first option should be considered in more detail. Here the situation can be divided into two groups: faith and beliefs. Theoretically, it is possible to confirm some widespread belief associated with a religious organization in some way, for example, by the testimony of fellow believers. The situation is completely opposite with the convictions of a citizen - no one learns about a person’s principle of “not using weapons” until he has the opportunity to take this weapon in his hands. Especially in Russia, where military weapons are prohibited for citizens at the legislative level. Also, the Federal Law on alternative civil service does not talk about the time during which a conscript adheres to certain beliefs. One person has not accepted violence and everything connected with it (for example, weapons and military uniforms) for 10 years, and another began to adhere to this principle a month ago after some events that happened in his life. In other words, it is impossible to provide objective evidence of the existence of certain beliefs.

The following article of the Federal Law reveals who can be sent to alternative civilian service: here it is worth paying attention to the following points.

Firstly, a citizen who is sent to ACS, due to the fact that ACS is primarily a replacement for military service, must be of military age, that is, be an adult and, at the same time, be under 27 years of age.
Secondly, the conscript should not have contraindications to military service, since if there are contraindications, such a citizen will be immediately issued a military ID card due to health reasons or a deferment. Such a citizen can go to the state civil service, but this has nothing to do with the ACS, although these two types of work activities can take place in the same organization.
Thirdly, those young men who have some kind of deferment, for example, a deferment from the army for study.
Fourthly, only a citizen who has submitted an application in person or by post to replace conscript service in the army with an alternative civilian service can be sent to the ACS.
And lastly, conscripts are sent to alternative service for whom the draft commission made a decision that reads as follows: “Decision to be sent to the ACS.” The decision is based entirely on compliance with the procedure for writing and submitting the application by the young men. How and when to write such an application correctly, what documents need to be attached and other issues will be discussed below in this article.

Surely many people have a question why conscripts are ready to risk freedom - the most precious thing a person has - and try to give bribes in the hope of buying a military ID, even when a year of service in a military unit can be replaced with an almost ordinary job, which is so often brought to as an argument against military service. The thing is that the difference between military and alternative service is not only in the place of its completion. One of the main differences is the duration of the alternative civil service. Here we will look in more detail at what document sets the deadlines for passing the AGS, when the countdown begins, and so on.

Term of alternative civil service

As already emphasized above, alternative civilian service differs from conscript military service not only in the type of activity, but also in other conditions, the main of which, perhaps, is the period of alternative civil service. Due to the fact that the AGS is an opportunity that is provided to citizens to replace military service, this opportunity will have to be paid for with an extended service life. And this is one of the main differences. Let's look at the terms of the alternative civil service currently in force, that is, in 2020. These terms are fixed in the Federal Law on Alternative Civil Service.

Here, too, there are several options: the situation depends on the organization in which the service will take place. If the service takes place in organizations subordinate to the Russian army, or in military units in civil service positions, then the term of the ACS will be 18 months, in other words, 1.5 years. And another case is when the service takes place in other organizations not related to the above, that is, organizations not related to the army, for example, the post office or the tax office - then the period of alternative civil service in Russia according to the law will be 21 calendar months, that is, almost 2 of the year. Obvious is the significant increase in service life compared to classic conscription service, where the service period in 2020 is 12 months.

Place of alternative civil service

It is no secret that for many conscripts the greatest interest is the place of alternative civil service, that is, the place where they will have to work and, accordingly, what they will have to do. Many have heard stories and legends about caring for patients in medical institutions, and the guys got the impression that this was the only possible option. However, this is not the case. To fully understand this issue, let us turn to the Federal Law that provides legal regulation of the alternative civil service in Russia, namely the above-mentioned 113-FZ.

The Government of the Russian Federation has established a procedure according to which various municipal or budgetary organizations submit applications in advance to the authorized state bodies, in which they indicate vacancies for children assigned to alternative service. This could include technical personnel in production, work with documents, as well as in the service sector, and so on. The list of such jobs is formed before each call-up and may change. When sending a conscript to work as an ACS, his position may be selected based on the youth’s education, but this is a recommendation rather than a rule.

In 98% of cases, alternative civilian service takes place in the city where the young man lives. However, this is also not a rule. They can also be sent to ACS in another city - in this case, the conscript must be provided with a place in a dormitory, but still, being sent to other cities is extremely rare.

Features of the alternative civil service

Let's look at other features of alternative service that often worry conscripts, as well as their parents. As already mentioned, AGS has many similarities with regular work, let’s look at them.

Salary. Indeed, the ACS pays a salary, and exactly the one that is paid for the position in which the conscript works. Thus, wages directly depend on where the citizen will be sent to serve (what organization, position, etc.). The bad news is that companies usually apply for positions that are difficult to find workers for due to low wages, but there may be exceptions, however, this is impossible to know in advance.
Employment contract. Conscripts are registered in the manner specified in the Federal Law strictly under a fixed-term employment contract, therefore, the young man’s relationship with the organization where he is serving in alternative service is regulated by the Labor Code of the Russian Federation.
Vacation, sick leave, weekends, etc. Based on the previous point, all these attributes will be present in the process of performing alternative civilian service. Annual leave, in accordance with the Labor Code of the Russian Federation, is paid and provided upon application.
Absenteeism. Absenteeism is a violation of labor discipline in accordance with the labor code, but there is an additional nuance specified in the legislation on ACS - absenteeism is not counted towards the period of ACS.

Replacing military service with alternative civilian service. How and when to apply?

Among guys of military age, the following position is very common: “I’ll go through a medical examination and, if they suddenly find me fit, then I’ll say that I have convictions, pacifism or something like that.” This position is a mistake and exists only because young men do not study the legal documents in the field of conscription, but instead retell this “story” to each other. The law clearly defines the procedure for replacing military service with alternative civilian service, and the key point is the young man submitting an appropriate application, and, to be even more precise, the deadline for filing this application.

An application to the military registration and enlistment office is submitted at least six months before the start of conscription, in which the young man must be drafted and undergo the appropriate conscription activities. The exact deadlines should be found in the current version of the federal law. Citizens should remember the main thing - they should think about the issue of replacing the army with an ACS at least 1 year before conscription, in order to prepare all the necessary papers to resolve organizational issues in a calm, planned manner.

Why are these restrictions on the deadline for filing an application included in the law? This was done to be able to predict the required vacancies at enterprises. As you remember, organizations also submit applications 6-12 months in advance, indicating positions and the number of available places for young men undergoing alternative service. To ensure this process runs smoothly, there is a specified time limit within which an application can be submitted. If a citizen submits an application later, most likely he will be refused, and this decision will be legal.

The application is written in free form, the main thing is to indicate why the conscript is asking to change the service to ACS, that is, to reveal those very “beliefs”. According to the requirements, the application must be accompanied by an autobiography of the young man, as well as a description that should be requested from the employer in the personnel department or in the educational institution. This is where the mandatory requirements end. You can also provide other documents as “evidence” of your conviction, as well as testimony from your friends.

If all procedural aspects are met, a conscript can be refused only in the case of an obvious contradiction, such as, for example, membership in a shooting sports organization and a simultaneous conviction not to hold a weapon. However, as we have already found out, it is impossible to prove the existence of convictions and the time of their appearance, and, due to the existence of serious liability for the illegal refusal of a citizen to be referred to the ACS, unfounded refusals are issued extremely rarely if the deadlines for filing an application are met.

Statistics

How popular is alternative civil service in the Russian Federation? To answer this question more precisely, let's turn to public statistics. So over the past year, about 206,283 young conscripts were sent to military service in Russia, while 278 people went to the ACS. The numbers speak for themselves. The alternative service has extremely low popularity in our country. And such figures on average have remained unchanged over the past 7 years.

What is the reason for such low rates? One of the main reasons is that young men remember this opportunity at the last moment, when the deadline for submitting an application has already passed, and the guys simply have no choice, because according to the law they either must be sent to serve, or recognized as draft dodgers and brought to criminal liability. Here we can only advise you to improve your legal literacy and know your rights and responsibilities. Another possible reason is that in our country there are practically no young people with beliefs that conflict with service in the armed forces. And this may well be true, because from childhood we were taught to love our country and be ready to defend the Fatherland. And perhaps many young men do not know about the possibility of replacing service with an alternative one. Here, it may be worthwhile to carry out educational activities on this issue at the level of general education programs.

The main thing to remember is that every conscript has the right to alternative civilian service in 2020, which is enshrined in the Constitution and the Federal Law on the ACS.

Russia was the first state in the world to introduce the institution of alternative service. Exemption from military service for religious reasons began to be practiced in our country back in the 18th century.

“Alternative civil service is a special type of labor activity in the interests of society and the state, carried out by citizens in exchange for conscript military service.” Federal Law “On Alternative Civil Service”, Article 1, Part 1, extract. A citizen of the Russian Federation, if performing military service is contrary to his beliefs or religion, has the right to replace it with alternative civilian service.”

Constitution of the Russian Federation, article 59, part 3, extract.

Fundamental Principles

Only those citizens who are recognized as fit for military service or fit for military service with minor restrictions can be sent to alternative civilian service;
Citizens perform alternative civil service, as a rule, outside the territory of the constituent entities of the Russian Federation in which they permanently reside. However, this rule is not rigid. The place of service is determined by the Federal Service for Labor and Employment, guided by annually approved lists of professions and the situation on the labor market;
Citizens can undergo AGS exclusively at state-owned enterprises;
Citizens who have elected the ACS do not have the right to terminate their employment contract on their own initiative, participate in strikes, or work part-time in other organizations;
Representatives of indigenous peoples are sent to undergo ACS in organizations of traditional economic sectors and traditional crafts;
The term of alternative civil service exceeds the term of conscription service.

Scheme for referring citizens to alternative service

Currently, the passage of the ACS is regulated by the Federal Law “On Alternative Civil Service”.

Citizens submit an application to replace military conscription service with ACS to the military commissariat, the decision on the application is made by the conscription commission;
The citizen is sent to the place of passing the AGS by the military commissar in accordance with the referral plan approved by the Federal Service for Labor and Employment;
Citizens who have elected the ACS can only be employed in those positions and only in those organizations that are contained in the official list annually approved by the Ministry of Health and Social Development;
The labor activity of citizens performing alternative civil service is regulated by the Labor Code of the Russian Federation.

Deadlines

The ACS period for citizens sent to undergo it from January 1, 2008 is:

21 months - for citizens undergoing ACS in organizations subordinate to federal executive authorities, as well as executive authorities of constituent entities of the Russian Federation;
18 months - for citizens undergoing ACS in organizations of the Armed Forces of the Russian Federation, other troops, military formations and bodies as civilian personnel.

Story

Following the 1917 Revolution, Soviet Russia, along with Britain and Denmark, became one of the first countries to recognize the right of its citizens to conscientious objection to military service in the 20th century.

On January 4, 1919, the Decree “On Exemption from Military Service for Religious Beliefs” was issued. This document became the first legislative act of the Soviet Republic, giving a real right to exempt believers from military service.

In the summer of 1923, the Civil Procedure Code of the RSFSR was adopted, containing a special chapter “On exemption from military service for religious beliefs,” regulating the procedure for judicial proceedings. Courts with the participation of experts determined what kind of work was assigned in place of military service, where and when the citizen must report to perform his duties.

However, two years later, the circle of persons who could exercise the right to refuse military service was significantly narrowed. In 1939, when World War II began in Europe, alternative service in the USSR was completely abolished.

The question of restoring this social institution arose again only after the collapse of the Soviet Union. In 1993, the Constitution of the Russian Federation, adopted by popular vote, enshrined the right of Russian citizens to replace military service with alternative civilian service in accordance with peacekeeping, philosophical, moral, ethical, political or religious convictions.

If a young man, due to his convictions, cannot join the army, he has the right to choose an alternative option - civil service. To do this, you need to convince the draft board to believe in the sincerity of religious, moral or other motives.

What is alternative civil service

Alternative civil service is a socially useful activity, a type of work carried out by conscripts instead of military service. In simple words, this is working in government agencies instead of serving in the army.

Alternative service often attracts conscripts who do not want to spend a whole year in a military unit. It gives you several opportunities at once: to stay at home close to your family, live in comfort in your apartment, gain work experience and spend your vacation at your own discretion. But at the same time, AGS also has disadvantages. For example, it lasts almost twice as long as military service: 21 months. The place of work is determined by the military registration and enlistment office, so it is possible to transfer the conscript to another city. You cannot resign or give up alternative service; this action entails criminal prosecution.

How to get into alternative civilian service?

Alternative military service is suitable for those who, according to their principles, cannot take up arms, condemn war or any violent actions. They can choose:

conscripts whose moral or religious beliefs conflict with military service;
indigenous representatives of small peoples (Nenets, Koryaks, Khanty, etc.)

It is difficult to get into alternative service. Firstly, you need to submit your application to the military registration and enlistment office on time: no later than six months before being drafted into the army. And secondly, even if the arguments in the application are quite convincing, the draft commission may refuse the request, since the number of places for alternative candidates is limited. In 2020, only 3,416 people will be able to complete the AGS. By comparison, about 260,000 conscripts will be sent to military service.

Expert opinion

If you fail to get into the ACS, try to use your right to be exempt from the army due to health. Detailed stories about how to do this can be read in the "" section.

Ekaterina Mikheeva, head of the legal department of the Assistance Service for Conscripts

How to write an application for alternative service?

An application to replace traditional army service with an alternative one must be submitted no less than six months before the start of your conscription. If you must receive it in the spring, the date of sending the application must be no later than October 1, if in the fall - no later than April 1. The application must state the reasons why you cannot join the army. Be sure to include a reference from work or school that supports your arguments. You can also attach testimony from witnesses about your convictions against military service. Documents are reviewed within a month from the date of their receipt. Then, based on the arguments given in the application and the conclusions of the doctors, the draft commission makes a decision on sending to the ACS.

Often the draft commission refuses to replace military service with an alternative one for one of the following reasons:

the application deadline has expired;
the application does not sufficiently explain the reasons why the conscript cannot join the army;
the application contains false information;
there are no available or suitable places for passing the ACS;
the person is no longer on military duty.

As the practice of the Conscript Assistance Service shows, a significant part of young people who want to enroll in the ACS begin to prepare an application too late: either 1-3 months before conscription, or after receiving a summons. In each of these cases, the draft commission refuses to send them to alternative service and sends them to the army.

In case of refusal, the conscript can go to court, but the law in this case will be on the side of the military commissariat. Therefore, do not delay submitting your application and think through in advance convincing arguments for the draft commission why you have the right to alternative civilian service.

List of alternative civil service professions

A complete list of professions to which a conscript can be assigned is approved every year by the Ministry of Labor. In 2020, the Ministry of Labor offers 120 professions and positions to alternative workers.

Vacant places were allocated by state institutions of social services, health care, education, culture and art. The list of professions and positions included: janitor, cleaner, courier, loader, hairdresser, carpenter, gardener, artist, mechanic, doctor, veterinarian, teacher, programmer, legal adviser, etc.

According to the law, conscripts (except for representatives of small nations) can be sent to undergo ACS in other regions of the Russian Federation, but in reality the choice of locality depends on the availability of jobs offered. If a conscript has to leave his hometown to serve, the state is obliged to provide him with housing (dormitory room) and pay all travel expenses. He is also entitled to free travel while on vacation.

Passing the ACS requires the mandatory conclusion of a fixed-term employment contract. For the work performed, the alternative worker receives a salary, the amount of which depends on the chosen profession and place of work. I do not recommend counting on high fees, since government agencies usually allocate positions for conscripts for which it is difficult to find specialists due to low salaries. It will not be possible to improve your financial situation with part-time work - it is prohibited to combine AGS with work in another place.

Avoidance of alternative civil service in Russia

Completion of alternative civilian service is equivalent to being in military units. Therefore, failure to show up for work is regarded as an attempt to evade military duty.

After the employer contacts the Investigative Committee of the Russian Federation, a criminal case is opened against the draft dodger under Article 328 of the Criminal Code of the Russian Federation. If a conscript is recognized as a draft dodger, he may face:

fine up to 80 thousand rubles,
a fine in the amount of wages for a period of up to 6 months,
compulsory work up to 480 hours,
arrest up to 6 months.

The specific type of punishment is determined after the trial. A young person who disagrees with a court decision can appeal to a higher court.

With respect to you, Elvin Budagov, lawyer of the Assistance Service for Conscripts.

This Federal Law regulates relations related to the exercise by citizens of the Russian Federation (hereinafter referred to as citizens) of the constitutional right to replace conscription military service with alternative civilian service.

Chapter 1. General provisions

Article 1. Alternative civil service

1. Alternative civil 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.

2. The legal basis for the alternative civil service is the Constitution of the Russian Federation, federal constitutional laws, this Federal Law, other federal laws and other regulatory legal acts of the Russian Federation adopted in accordance with them, generally recognized principles and norms of international law and international treaties of the Russian Federation.

3. The status of citizens performing alternative civil service is established by this Federal Law in accordance with the Constitution of the Russian Federation.

The labor activity of citizens performing alternative civil service is regulated by the Labor Code of the Russian Federation, taking into account the features provided for by this Federal Law.

Article 2. The right of a citizen to replace military service upon conscription with alternative civilian service

A citizen has the right to replace military conscription service with alternative civilian service in cases where:

performing military service is contrary to his beliefs or religion;

he belongs to a small indigenous people, leads a traditional way of life, carries out traditional farming and is engaged in traditional crafts.

Article 3. Citizens sent to alternative civil service

1. Male citizens aged 18 to 27 years who are not in the reserves, have the right to replace military conscription service with an alternative civil service, and have personally submitted an application to the military commissariat about their desire to replace conscription military service with an alternative one, are sent to alternative civil service civil service and in respect of which, in accordance with this Federal Law, the draft commission of a district, city without district division, or other municipal (administrative-territorial) entity (hereinafter referred to as the draft commission) made an appropriate decision.

2. Citizens who, in accordance with the Federal Law “On Military Duty and Military Service”:

have grounds for exemption from conscription for military service;

are not subject to conscription for military service;

have grounds for granting a deferment from conscription for military service.

Article 4. Place of alternative civil service for citizens

1. Citizens undergo alternative civil service individually, as well as as part of groups or formations:

in organizations subordinate to federal executive authorities;

in organizations subordinate to the executive authorities of the constituent entities of the Russian Federation;

in organizations of the Armed Forces of the Russian Federation, other troops, military formations and bodies as civilian personnel.

Completion of alternative civil service in organizations subordinate to local governments is determined by federal law.

2. Citizens undergo alternative civil service, as a rule, outside the territories of the constituent entities of the Russian Federation in which they permanently reside.

If it is impossible to send citizens to perform alternative civil service outside the territories of the constituent entities of the Russian Federation in which they permanently reside, citizens, in accordance with the decision of the specially authorized federal executive body, may be sent to perform alternative civil service to organizations located on the territories of the constituent entities of the Russian Federation in which they permanently reside.

3. Citizens belonging to indigenous peoples are sent to perform alternative civil service in organizations of traditional economic sectors and traditional crafts.

4. Lists of types of work, professions, positions in which citizens performing alternative civil service can be employed, as well as organizations where alternative civil service is provided, are determined in the manner established by the Government of the Russian Federation.

5. When determining the type of work, profession, position in which a citizen sent to alternative civil service can be employed, and the place of alternative civil service, the education, specialty, qualifications, previous work experience, health status, marital status of the citizen are taken into account, as well as the need of organizations for labor resources.

6. The labor activity of citizens performing alternative civil service should not interfere with the employment of other persons, nor serve as a basis for the transfer to another place of work of persons performing work under an employment contract, or for their dismissal.

Article 5. Duration of alternative civil service

1. The term of alternative civil service is 1.75 times greater than the period of conscription military service established by the Federal Law “On Military Duty and Military Service” and is 42 months, and for citizens who have graduated from state, municipal or have state accreditation in the relevant areas of training (specialties) non-state educational institutions of higher professional education - 21 months.

2. The period of alternative civil service for citizens serving in organizations of the Armed Forces of the Russian Federation, other troops, military formations and bodies is 1.5 times greater than the period of conscription military service established by the Federal Law “On Military Duty and Military Service” and is 36 months, and for citizens who have graduated from state, municipal or non-state educational institutions of higher professional education with state accreditation in the relevant areas of training (specialties) - 18 months.

3. The beginning of a citizen’s alternative civil service is the day of his departure to the place of alternative civil service, specified in the order of the military commissariat.

4. The end of a citizen’s alternative civil service is considered to be the day the employer terminates a fixed-term employment contract with a citizen upon his dismissal from the alternative civil service. In this case, a fixed-term employment contract with a citizen performing alternative civil service must be terminated by the employer on the day of expiration of his alternative civil service.

5. The following are not counted towards the term of alternative civil service:

absenteeism (absence from the workplace without good reason for more than four hours in a row during the working day);

time spent on additional leave provided by the employer to citizens studying in educational institutions;

time of serving a criminal or administrative sentence in the form of arrest;

appearing at work in a state of alcohol, drug or other toxic intoxication.

Article 6. Organization of alternative civil service

1. The alternative civil service is organized in accordance with this Federal Law, the regulations on the procedure for performing the alternative civil service, as well as other regulatory legal acts of the Russian Federation.

2. The organization of the alternative civil service is carried out by specially authorized federal executive bodies, determined by the President of the Russian Federation and the Government of the Russian Federation in accordance with their powers.

The President of the Russian Federation and the Government of the Russian Federation, in accordance with their powers and this Federal Law, entrust specially authorized federal executive bodies with the implementation of normative regulation, as well as organizational, control and other functions in the field of organizing an alternative civil service.

3. The Government of the Russian Federation, in accordance with the Constitution of the Russian Federation, federal constitutional laws, this Federal Law, other federal laws, decrees of the President of the Russian Federation, approves the regulations on the procedure for performing alternative civil service, issues other regulatory legal acts in the field of organizing alternative civil service and ensures their execution.

4. The organization of alternative civil service involves federal executive authorities, determined by the President of the Russian Federation and the Government of the Russian Federation in accordance with their powers, executive authorities of the constituent entities of the Russian Federation, which are subordinate to organizations where alternative civil service is provided, as well as these organizations.

The functions of the indicated federal executive bodies in the field of organizing the alternative civil service are determined by the President of the Russian Federation and the Government of the Russian Federation in accordance with their powers and this Federal Law.

Executive authorities of the constituent entities of the Russian Federation:

submit to specially authorized federal executive bodies proposals on lists of types of work, professions, positions in which citizens undergoing alternative civil service can be employed, as well as organizations where it is proposed to provide for alternative civil service;

keep records of organizations subordinate to them, where alternative civil service is provided;

send to the specially authorized federal executive authorities the necessary information about citizens who arrived to perform alternative civil service in organizations under their jurisdiction;

keep records of citizens undergoing alternative civil service in organizations subordinate to them, organize their accommodation and consumer services;

control the implementation of labor legislation and other regulatory legal acts containing labor law norms in organizations under their jurisdiction, where citizens perform alternative civil service;

Organizations that provide alternative civil service:

submit to the relevant federal executive body or the executive body of a constituent entity of the Russian Federation proposals for lists of types of work, professions, positions in which citizens performing alternative civil service can be employed;

conclude fixed-term employment contracts with citizens sent to perform alternative civil service and terminate fixed-term employment contracts with them;

organize, if necessary, vocational training for citizens sent to perform alternative civil service;

monitor the performance of labor duties by citizens serving in alternative civil service; in the event of citizens evading alternative civil service, measures are taken to bring them to justice in accordance with the legislation of the Russian Federation;

ensure, within the limits of their competence, compliance with the provisions of this Federal Law, implement measures to realize the rights of citizens serving in alternative civil service and their social protection.

Article 7. Responsibility of officials for violation of this Federal Law

Members of draft commissions, officials of federal government bodies, government bodies of constituent entities of the Russian Federation, local government bodies and organizations whose actions contribute to the illegal referral of citizens to alternative civil service or the evasion of citizens from performing the duties of alternative civil service, as well as preventing citizens from fulfilling their duties alternative civil service or not performing duties related to the organization of alternative civil service, established by legislative and other regulatory legal acts of the Russian Federation, are held accountable under the legislation of the Russian Federation.

Article 8. Financing of activities related to the organization of alternative civil service

Financing of activities related to the organization of alternative civil service and the provision of rights and social guarantees to citizens undergoing alternative civil service is carried out from the federal budget, budgets of constituent entities of the Russian Federation, budgets of organizations and extra-budgetary sources in the manner established by the legislation of the Russian Federation.

Article 9. Organization and performance of alternative civil service during the period of mobilization, during martial law and in wartime

The organization and performance of alternative civil service during the period of mobilization, during martial law and in wartime are determined by federal constitutional laws, other federal laws and other regulatory legal acts of the Russian Federation adopted in accordance with them.

Chapter 2. Organization of sending citizens to alternative civil service

submitting an application for the replacement of conscript military service with an alternative civilian service (hereinafter also referred to as the application);

consideration of a citizen’s application at a meeting of the draft commission and the said commission’s issuance of a conclusion on the replacement of the citizen’s military service by conscription with an alternative civilian service or a decision to refuse such a replacement;

the citizen’s attendance at a medical examination and at a meeting of the draft commission to make a decision on sending him to alternative civil service;

the citizen’s appearance at the military commissariat and receipt of an order indicating the place of alternative civilian service.

2. The referral of citizens to alternative civilian service is organized by the head of the local government body together with the military commissar and carried out by the draft commission in accordance with the Federal Law “On Military Duty and Military Service” and this Federal Law.

3. Citizens are summoned to events related to assignment to alternative civilian service by summons from the military commissariat.

4. The procedure for sending citizens to alternative civil service is determined by this Federal Law, other federal laws, regulations on the procedure for performing alternative civil service and other regulatory legal acts of the Russian Federation adopted in accordance with them.

5. Citizens belonging to indigenous peoples are sent to perform alternative civil service in the manner determined by the regulations on the procedure for performing alternative civil service.

Article 11. Submission by citizens of applications to replace military conscription service with alternative civilian service

1. Citizens have the right to submit applications to replace conscription military service with alternative civilian service to the military commissariat where they are registered for military service within the following deadlines:

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 next year.

Citizens taking advantage of deferments from conscription for military service, the validity of which must expire after the end of the next conscription for military service, in case of premature termination of the grounds for deferment, have the right to submit applications to replace military conscription service with alternative civilian service after April 1 or after October 1 within 10 days from the date of termination of the grounds for deferment.

Citizens taking advantage of deferments from conscription for military service, the validity of which must expire after April 1 or after October 1, but no later than the end of the next conscription for military service, submit applications for the replacement of conscription military service with alternative civilian service on a general basis.

Citizens who have expressed a desire to replace conscript military service with alternative civilian service must justify that military service is contrary to their beliefs or religion.

2. In an application to replace military conscription service with an alternative civilian service, a citizen indicates the reasons and circumstances that prompted him to apply for this.

The application is accompanied by an autobiography and a description from the place of work and (or) study of the citizen (for working (worked) and (or) students (students). The citizen has the right to attach other documents to the application.

In the application, a citizen has the right to indicate persons who agree to confirm the reliability of his arguments that military service contradicts his beliefs or religion.

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

Article 12. Consideration of a citizen’s application to replace military conscription service with alternative civilian service

1. A citizen’s application to replace military conscription service with an alternative civilian service is considered at a meeting of the draft commission only in his presence.
The citizen is notified in advance of the time and place of the meeting of the draft commission.

2. The conscription commission considers the citizen’s arguments that military service is contrary to his beliefs or religion, on the basis of:

speeches at a meeting of the citizen's draft commission, as well as persons who agreed to confirm the reliability of his arguments that military service contradicts his beliefs or religion;

analysis of documents submitted by a citizen;

analysis of additional materials received by the draft commission.

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

The conclusion (decision) of the draft commission must be issued (adopted) within a month from the date of expiration of the deadline for filing an application with the military commissariat established by paragraph 1 of Article 11 of this Federal Law.

If it is necessary for the draft commission to request additional materials, the period for issuing an opinion or making a decision may be extended by the chairman of the draft commission, but not more than by one month.

The conclusion (decision) is made (adopted) by a simple majority of votes with the participation of at least two-thirds of the members of the draft commission at the meeting and is announced to the citizen in respect of whom it was made, with a copy of the conclusion (decision) being issued to him.

4. A citizen may be refused to replace military conscription service with alternative civilian service in cases where:

he violated the deadline and (or) procedure for filing an application to replace military conscription service with alternative civilian service, determined by Article 11 of this Federal Law and the regulations on the procedure for performing alternative civil service;

the documents and other data characterizing him do not correspond to the citizen’s arguments that military service is contrary to his beliefs or religion;

the citizen’s application to replace conscription military service with an alternative civilian service and the documents attached to it contain deliberately false information;

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

Previously, he was given the opportunity to perform alternative civilian service and he avoided it.

5. Valid reasons for a citizen’s failure to appear at a meeting of the draft commission, provided that the reasons for failure to appear are documented, are:

illness or injury (injury) of a citizen associated with loss of ability to work;

serious health condition of the father, mother, wife, son, daughter, brother, sister, grandfather, grandmother or adoptive parent of a citizen or participation in the funeral of these persons;

an obstacle that arose as a result of force majeure, or another circumstance that does not depend on the will of the citizen;

other reasons recognized as valid by the draft commission or court.

6. A citizen in respect of whom the draft commission has made a decision to replace military conscription service with an alternative civilian service is given a summons indicating the deadline for appearing for a medical examination and a meeting of the draft commission to decide on sending him to alternative civilian service.

7. A citizen in respect of whom the draft commission has made a decision to refuse to replace conscription military service with an alternative civilian service is subject to conscription for military service in accordance with the Federal Law “On Military Duty and Military Service”.

A copy of the decision of the draft commission must be issued to the citizen within three days from the date of the decision.

Article 13. Medical examination of a citizen and making a decision on sending him to alternative civil service

1. A citizen in respect of whom the draft commission has made a decision to replace military conscription service with an alternative civilian service, within the time frame determined by the military commissariat, undergoes a medical examination and appears at a meeting of the draft commission to decide on sending him to alternative civilian service.

2. Medical examination of citizens sent to alternative civilian service is carried out in the manner prescribed by the Federal Law “On Military Duty and Military Service” for citizens subject to conscription for military service.

3. The decision to send a citizen to alternative civilian service is made by the draft commission in accordance with the conclusion on the replacement of military conscription service with alternative civilian service in the absence of grounds for exemption or deferment from conscription for military service.

The decision to send a citizen to alternative civil service can be made only after he reaches the age of 18.

4. In the event of a citizen’s failure to appear at a meeting of the draft commission without valid reasons, specified in paragraph 5 of Article 12 of this Federal Law, he is subject to conscription for military service in accordance with the Federal Law “On Military Duty and Military Service”.

Article 14. Referral of a citizen to the place of alternative civil service

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

2. A citizen sent to alternative civilian service appears at the military commissariat within the time specified in the summons of the military commissariat and receives, against receipt, an order to leave for the place of alternative civil service.

The citizen is obliged to appear at the place of alternative civil service within the time period specified in the order.

Article 15. Resolution of disputes related to the assignment of citizens to alternative civil service

The decision of the draft commission to refuse to replace military conscription service with an alternative civilian service may be appealed by a citizen to court in the manner established by the legislation of the Russian Federation.

If a citizen appeals this decision, its implementation is suspended until the court decision enters into legal force.

Chapter 3. Completion of alternative civil service

Article 16. Procedure for performing alternative civil service

1. The procedure for performing alternative civil service is determined by this Federal Law, other federal laws, regulations on the procedure for performing alternative civil service and other regulatory legal acts of the Russian Federation adopted in accordance with them.

2. The employer to whom the citizen arrived from the military commissariat to perform alternative civil service is obliged to conclude a fixed-term employment contract with him for the period of performing alternative civil service in this organization and within three days notify the military commissariat, which sent the citizen to alternative civil service, about this. , as well as the federal executive body or the executive body of the constituent entity of the Russian Federation to which the organization is subordinate.

3. The transfer of a citizen undergoing alternative civil service from one organization to another is carried out on the grounds and in the manner determined by the regulations on the procedure for performing alternative civil service.

4. By decision of federal executive authorities or executive authorities of constituent entities of the Russian Federation, within the limits of their competence, citizens serving in alternative civil service in organizations subordinate to these authorities may be involved in eliminating the consequences of natural disasters, catastrophes and other emergency situations on the territory of the Russian Federation.

Article 17. Leave of a citizen performing alternative civil service

1. A citizen performing alternative civil service is granted leave in the manner established by the Labor Code of the Russian Federation.

2. The duration of annual paid leave and unpaid leave is increased by the number of calendar days required to travel to the place where the leave is taken and back.

Chapter 4. Rights, duties and responsibilities of citizens performing alternative civil service

Article 18. Status of citizens performing alternative civil service

1. The status of citizens performing alternative civil service is a set of rights and freedoms guaranteed by the state, as well as their duties and responsibilities established by federal constitutional laws, this Federal Law, other federal laws and other regulatory legal acts of the Russian Federation.

2. Citizens acquire the status of citizens undergoing alternative civil service with the beginning of alternative civil service and lose it with the end of alternative civil service.

3. Citizens performing alternative civil service, in accordance with the regulations on the procedure for performing alternative civil service, are issued documents confirming their completion of alternative civil service.

Article 19. Rights of citizens performing alternative civil service, benefits, guarantees and compensation provided to them

1. Citizens performing alternative civil service have human and civil rights and freedoms with certain restrictions established by federal constitutional laws, this Federal Law and other federal laws.

Citizens performing alternative civil service are provided with benefits, guarantees and compensation related to the special nature of their work activity.

2. The time a citizen completes alternative civil service is counted towards his total and continuous work experience and his length of service in his specialty.

The time a citizen performs alternative civil service in the regions of the Far North and equivalent areas, as well as in areas and areas where regional coefficients and percentage increases in wages are established, is counted towards the length of service in these areas and areas.

The time a citizen performs alternative civil service in positions and professions that involve performing hard work and work with harmful and (or) dangerous working conditions is counted as length of service, which gives the right to benefits and compensation in the manner established by the legislation of the Russian Federation.

3. A citizen undergoing alternative civil service retains the living space occupied by him before being sent to alternative civil service. However, he cannot be excluded from the list of persons in need of improved housing conditions.

4. A citizen who worked before being sent to alternative civil service in a state or municipal organization, for three months after his dismissal from alternative civil service, retains the right to work in the same organization and for the same position, and in its absence - for other equivalent work (position) in the same or, with the consent of the employee, another organization.

5. A citizen sent to the alternative civil service during his studies at an educational institution, upon dismissal from the alternative civil service, retains the right to be enrolled to continue his studies at the educational institution and to the course where he studied before being sent to the alternative civil service.

6. Citizens performing alternative civil service have the right to study outside of working hours in educational institutions through correspondence or part-time (evening) forms of study.

These citizens are provided with guarantees and compensation provided for by the Labor Code of the Russian Federation for persons combining work with study. At the same time, they cannot be assigned (established) a shortened working week (reduced working hours).

7. Citizens performing alternative civil service are guaranteed the right to health care and medical care.

Medical care for citizens performing alternative civil service is provided in institutions of the state or municipal health care system at the place where they perform alternative civil service.

8. Citizens performing alternative civil service have the right to free travel by rail, air, water and road (except for taxis) to the place of alternative civil service, in connection with the transfer to a new place of alternative civil service, to the place of residence when using annual paid leave and back (once a year), to the place of residence upon dismissal from the alternative civil service.

Costs associated with the exercise of the right of citizens performing alternative civil service to free travel to the place of alternative civil service, including in connection with the transfer to a new place of alternative civil service, and to the place of residence upon dismissal from alternative civil service, are compensated for an account of federal budget funds in the manner determined by the Government of the Russian Federation.

Costs associated with the exercise of the right of citizens performing alternative civil service to free travel to their place of residence when using annual paid leave and back are compensated at the expense of the employer in the manner determined by the Government of the Russian Federation.

Article 20. Conditions and remuneration, social insurance and pension provision for citizens performing alternative civil service

1. The length of working hours of citizens performing alternative civil service, as well as the rules of labor protection, safety and industrial sanitation are established in accordance with labor legislation and other regulatory legal acts containing labor law norms.

Fulfillment by a citizen undergoing alternative civil service of labor duties when participating in events, the list of which is determined by the head of the relevant federal executive body or the head of the executive body of the constituent entity of the Russian Federation to which the organization where the citizen is serving alternative civil service is subordinate; if necessary, carried out without limiting the total duration of weekly working hours. The procedure and conditions for providing rest that compensates a citizen for participation in these events are determined by the regulations on the procedure for performing alternative civil service.

2. Remuneration for the labor of a citizen undergoing alternative civil service is made by the organization in accordance with the remuneration system in force in the organization.

3. Organizations that provide for alternative civil service provide free dormitory accommodation for citizens undergoing alternative civil service outside the territory where they permanently reside.

Accommodation of citizens undergoing alternative civilian service in organizations of the Armed Forces of the Russian Federation, other troops, military formations and bodies in the same building with military personnel undergoing conscription military service is not permitted.

4. The provision of special clothing, special footwear, other personal protective equipment and other material support to citizens undergoing alternative civil service is carried out by organizations in the manner, according to the standards and within the time limits established by the legislation of the Russian Federation for the corresponding type of work.

5. Citizens performing alternative civil service are subject to compulsory state social insurance, as well as state disability pensions in accordance with the legislation of the Russian Federation.

Article 21. Responsibilities of citizens performing alternative civil service and restrictions on their rights and freedoms

1. Citizens performing alternative civil service are obliged to:

comply with the Constitution of the Russian Federation, federal constitutional laws and other federal laws, fulfill the requirements established by this Federal Law, the regulations on the procedure for performing alternative civil service, local regulations of organizations;

observe labor discipline, conscientiously fulfill the labor duties assigned to them by a fixed-term employment contract.

2. Citizens performing alternative civil service do not have the right to:

refuse to conclude a fixed-term employment contract, as well as to fulfill the labor duties assigned to them by the fixed-term employment contract;

occupy 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 entrepreneurial activities personally or through proxies, as well as provide assistance to individuals and legal entities in their entrepreneurial activities, receive remuneration for this and enjoy benefits;

leave the locality in which the organization where they are performing alternative civilian service is located, without the consent of the employer’s representative;

terminate (terminate) a fixed-term employment contract on your own initiative;

leave the workplace and leave the organization where they are performing alternative civilian service, during the working hours established by the internal labor regulations and shift schedules.

Article 22. Responsibility of citizens performing alternative civil service

Citizens performing alternative civil service bear disciplinary, administrative, material, civil and criminal liability in accordance with the legislation of the Russian Federation, taking into account the features associated with performing alternative civil service.

Chapter 5. Dismissal from alternative civil service

Article 23. Grounds and procedure for dismissal from alternative civil service

1. A citizen is subject to dismissal from alternative civil service:

upon expiration of the alternative civil service period;

in connection with his recognition by a military medical commission as unfit for military service or partially fit for military service;

in connection with his exercise of powers as a member of the Federation Council of the Federal Assembly of the Russian Federation, as well as in connection with his election as a deputy of the State Duma of the Federal Assembly of the Russian Federation, a deputy of the legislative (representative) body of state power of a constituent entity of the Russian Federation, a senior official of a constituent entity of the Russian Federation (head of the highest executive body of state power of a constituent entity of the Russian Federation), a deputy of a representative body of local self-government, the head of a municipal entity and the exercise of these powers on an ongoing basis;

in connection with the entry into force of a court verdict imposing a sentence of imprisonment on a citizen.

2. A citizen has the right to early dismissal from alternative civil service if there are grounds on which, in accordance with the Federal Law “On Military Duty and Military Service,” a military serviceman who does not have the military rank of officer and is serving in conscription has the right to early dismissal from military service.

3. The procedure for dismissing a citizen from alternative civil service is determined by this Federal Law and the regulations on the procedure for performing alternative civil service.

4. The decision to dismiss a citizen from the alternative civil service is made by officials determined by the head of the federal executive body or the head of the executive body of the constituent entity of the Russian Federation, which has jurisdiction over the organization where the citizen is serving in the alternative civil service.

The decision of an official of the relevant federal executive body or an official of an executive body of a constituent entity of the Russian Federation is the basis for the employer to terminate a fixed-term employment contract with a citizen performing alternative civil service. The employer makes an appropriate entry in the citizen’s work book about the reasons for termination of the fixed-term employment contract.

Upon termination of a fixed-term employment contract, the employer is obliged to issue the citizen a work book on the day of dismissal (last day of work).

5. After the termination of a fixed-term employment contract with a citizen performing alternative civil service, the employer is obliged to notify the federal executive body or the executive body of the constituent entity of the Russian Federation to which the organization is subordinate within three working days.

Article 24. Enrollment of citizens who have completed alternative civil service into the reserves

1. Citizens who have completed alternative civilian service are enlisted in the reserves of the Armed Forces of the Russian Federation.

2. Citizens who have completed alternative civilian service are not called up for military training.

Chapter 6. Final provisions

Article 25. Entry into force of this Federal Law

Article 26. On bringing regulatory legal acts into compliance with this Federal Law

Introduce the following additions to the Federal Law of March 28, 1998 N 53-FZ “On Military Duty and Military Service” (Collected Legislation of the Russian Federation, 1998, N 13, Art. 1475; N 30, Art. 3613):

paragraph 1 of article 27 shall be supplemented with the following paragraph:

paragraph 1 of article 29 shall be supplemented with a new paragraph eight as follows:

“a representative of the relevant body of the federal state employment service (in terms of issues related to the alternative civil service).”;

paragraph 2 of article 55 shall be supplemented with subparagraph “p” with the following content:

"p) citizens who have completed alternative civil service."

The president
Russian Federation
V. Putin

In Russia, the reason for providing alternative civilian service is that a young man of military age has different beliefs that do not allow him to combine them with service in the armed forces.

In world practice this is called refusal of conscience. This is a case when a person, for some reason, considers war and everything connected with it immoral and deliberately refuses to do military service.

Reasons for refusal may be the following:

Religion and Worship
Having ethical beliefs - such as pacifism
The desire to repay one’s debt to one’s homeland through peaceful labor
Political beliefs - for example, the opinion that there is no need for an army and universal conscription. The opinion that the army should be contract

In essence, it can be any belief that conflicts with the norms of military service - for example, a dislike of coercion and orders. If you have a desire to perform alternative civilian service, then you need to write a corresponding application to your military commissariat. In this case, when you are drafted, the question of whether to provide you with a replacement for army service with AGS or still send you into the ranks of the armed forces will be considered.

The most important thing here is to correctly follow all formal procedures. This needs to be done because the military registration and enlistment offices don’t really like alternatives and sometimes try to put a spoke in their wheels. Therefore, if formalities are violated, your application for alternative civilian service may be rejected and you may be sent to the army. The sequence of actions should be as follows.

Rules and deadlines for submitting applications and documents

Applications must be submitted within the prescribed period - generally six months before the start of conscription. This means that if you are to be called up for the spring draft, you submit an application before October 1, and if in the fall, then before April 1.

In the application, you need to indicate the reasons for your choice of alternative civilian service and the circumstances that prompted you to do so. You also need to attach documents that can support your arguments - this should be an autobiography and a testimonial from your place of study or work.

Next, your request will be considered. It takes place during the call that precedes your call. That is, if you are called up in the fall, then the question of sending you to alternative civilian service is considered in the spring. Moreover, you may be refused consideration if you submitted your application at the wrong time. Most likely, they will do so, however, in this case, you have the right to go to court and demand that the draft commission accept the application. Usually the court sides with the conscript.

How applications are reviewed

The review process itself is as follows. You will be called to a meeting of the draft committee. Its members will review the documents you provided and ask you several questions about your beliefs and the data presented in the documents. It will be useful if you bring witnesses with you who will confirm everything you wrote about in your autobiography. These could be your parents, friends, study or work colleagues, in general, any people who know you well. More details:

It often happens that the draft commission tries to catch the conscript and find inconsistencies in his words and the information presented in the documents. To do this, they take advantage of the conscript’s ignorance of his rights. Therefore, here are the most common misconceptions:

NOT TRUE	IS IT TRUE
You can only claim military service commutation if you are a religious person or a pacifist	In fact, you have this right if you have ANY belief that is contrary to military service, for example, unwillingness to obey orders
You must provide evidence (documents or certificates) of your membership in any religious or pacifist community	Your only responsibility is to provide your own autobiography. You bring all other documents at your own discretion.
Your statements about the impossibility of being a soldier must be confirmed by witnesses	In fact, the law does not require you to bring witnesses. Of course, this is an additional benefit, but you do it at your own discretion
You must PROVE to the draft commission that you have beliefs that are contrary to the performance of military duty	You DO NOT have to prove a belief. You need to formulate them and explain that they will not allow you to serve in the army

The last myth is widely known. It is distributed in military registration and enlistment offices to mislead conscripts. Strictly speaking, the existence of beliefs cannot be proven or disproved, therefore, if all formalities are met, it will be almost impossible to refuse you. Here's how similar meetings of draft commissions take place:

If you are deceived or psychologically pressured, and you feel that you cannot cope with this hail of misinformation, then I advise you to contact the local committee of soldiers’ mothers or a human rights organization (preferably one that helps conscripts and military personnel). The alternative workers in the Committee of Soldiers' Mothers will be especially helpful.

Based on the results of consideration of your case, most likely, a positive decision will be made, the draft commission will write an appropriate order and you will go to the place of alternative civilian service. You can find out more about this process in the previous link.

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