Russian legislation provides for such a concept as alternative civil service. It is a replacement for traditional military conscription service. However, this does not mean that everyone can get such a replacement.

general information

Alternative service refers to the labor activity of citizens, which is equal to military service, is included in the length of service, and is paid in accordance with established standards. The issue of replacing the army with work is regulated by Federal Law No. 113-FZ of July 25, 2002, the Constitution of the Russian Federation and other legal acts.

Who can count on a replacement

The legislation clearly regulates the categories of citizens who can receive a replacement.

Thus, those who, due to their convictions or chosen faith, cannot serve in the army can count on it. For example, Buddhists who are opposed to military training, weapons and other attributes, or pacifists who deny violence as such.

In addition, an alternative service can be chosen by those who belong to small indigenous peoples engaged in certain economic activities and crafts.

Persons of non-traditional sexual orientation are not included in those counting on replacement, however, they can submit an application for consideration by the commission. The decision to approve such an application remains at the discretion of the military commissariat and the head of the district administration.

Article 2, Federal Law No. 113-FZ:

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.

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The conscript receives a salary in accordance with the approved salaries of the organization, taking into account tax and insurance deductions. At the same time, the employee does not retain the right to voluntarily terminate the employment relationship on his own initiative.

The employer, in turn, also does not have the right to dismiss a conscript employee, but has the right to complain to the military commissariat about violations by the employee. The working day and working hours are determined by the internal regulations of the organization.

Those liable for military service who choose civilian work retain military benefits, but not monetary allowance.

All funds earned under the AGS are considered the property of the employee. He has the right to dispose of them at his own discretion.

Article 20, Federal Law No. 113-FZ:

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.

Types of jobs

According to the established rules, the work offered is usually low-skilled. That is, one that does not require special knowledge or skills.

Most often, men in civilian work are sent in the following areas:

• assistant cook;
• auxiliary worker;
• welder;
• carpenter;
• cleaner;
• orderly

The choice is made based on the data available at the Employment Center. Where there is a shortage of blue-collar skills, conscripted men are temporarily employed in civilian work.

If a man has a secondary specialized education, he can be temporarily sent to a more narrowly focused job - as a programmer, cook, doctor, nurse.

If there are contraindications to a certain job, it can be replaced with an appropriate one if there are grounds for this.

Where does the AGS take place?

According to Federal Law No. 113, AGS take place in federal subjects where men do not permanently reside.

Exactly the same as in the case of regular conscription into the army.

After submitting the application, the commissariat issues a notification of receipt to the applicant. Consideration of the application takes place exclusively in the presence of the citizen. The determination of the place of work occurs with the participation of the head of the Administration on the basis of available vacancies in the region of residence of the conscript or regions where the man is not registered.

You can submit your application later if the current deferment expires after the deadline. The man must notify the military registration and enlistment office to which he is attached no later than 10 working days from the end of the deferment.

About indigenous peoples

If a conscript falls into this category, then the same rules apply to him as to other alternative conscripts. At the same time, those positions that are usually offered as places of work require performing the same work that other indigenous peoples do.

For example, the Sami are usually sent to reindeer farms or fishing industries.

Responsibility for evasion

A citizen who has chosen to replace the army does not have the right to resign from his job at his own request. Moreover, he also has no right to shirk his responsibilities.

In case of evasion, he is subject to penalties, which may include a fine, arrest or compulsory labor at the discretion of the court. Working in exchange for the army is the same conscription and the same military duty as serving in the army.

Penalties can reach 200 thousand rubles or be replaced by compulsory work, the period and nature of which is determined by the court.

Art. 328, Criminal Code of the Russian Federation:

1. Evasion of conscription for military service in the absence of legal grounds for exemption from this service is punishable by a fine in the amount of up to two hundred thousand rubles, or in the amount of the wages or other income of the convicted person for a period of up to eighteen months, or by forced labor for a term of up to two years, or by arrest. for a term of up to six months, or imprisonment for a term of up to two years.
2. Evasion of alternative civil service by persons exempt from military service is punishable by a fine in the amount of up to eighty thousand rubles, or in the amount of the wages or other income of the convicted person for a period of up to six months, or by compulsory labor for a period of up to four hundred eighty hours, or by arrest for up to six months.

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Last changes

So far, no changes are foreseen that could affect the alternative service. Federal Law No. 113 remains in force without any preliminary changes.

According to unofficial statistics, Citizens can be offered about 60 civilian professions and approximately the same number of positions. In this case, the right of choice remains with the local administration and the military commissariat. The jobs offered are mostly low-skilled. Alternative service is mainly carried out at the place of residence of men.

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 ACS. 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 organizations' need 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 period 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, carry out 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 an 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 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 shoes, 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 enter into a fixed-term employment contract, as well as to refuse to perform the job 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 perform 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

Alternative military service in 2016 remains a current opportunity to replace conscription military service for citizens of the Russian Federation. The right to alternative service is guaranteed by the Constitution and regulated by Federal Law No. 113-FZ of June 25, 2002 “On alternative civil service.”

In accordance with this law, citizens receive the right to alternative service in two cases:

• Military service goes against the conscript's beliefs or religion (pacifists, Buddhists, etc.).
• The conscript belongs to a small indigenous people who lead traditional farming and crafts.

Please note: if a conscript is not suitable for service, he is not sent to alternative service. Accordingly, alternative civil service is a replacement for service only for those who are recognized as fit to perform primary service in the RF Armed Forces.

Formally, the requirements for a conscript to be assigned to alternative service look like this:

• Conscription age: from 18 to 27 years
• Absence of any valid grounds for exemption from military service

The essence of alternative service

Every male citizen of the Russian Federation aged 18 to 27 years who is subject to military conscription has the right to perform alternative service, which is specific labor activity for the benefit of the state. As of 2016 there is 65 professions and 61 positions, which will be offered to the conscript instead of military service. Despite the relatively low popularity of alternative service in Russia, as of 2014, the number of “alternative” conscripts is planned to be about 6 thousand people (compared to the period 2012–2013, when there were 1.2 thousand such conscripts).

It is worth noting that alternative civilian service is not a way to find a specific job close to home and serve without significantly changing your usual life. All the same, the distribution of conscripts is carried out in the same way as in the case of military service: those who are determined to undergo the “alternative” will be sent outside the constituent entities of the Russian Federation where they live. The exception is indigenous peoples, for whom the civil service may involve involvement in traditional economic sectors.

The duration of alternative service depends on the place of service:

• 1.5 times more than the corresponding period of service in the armed forces, if the “alternative” is completed in organizations related to the Armed Forces of the Russian Federation. Current conscripts must serve 18 months.
• 1.75 times more than the corresponding period of service in the armed forces, if service is carried out in other organizations. In particular, for citizens who were sent to this service after January 1, 2008, the period is 21 months.

There is one subtlety: absenteeism without good reason, additional leaves due to studying in educational organizations, time spent under criminal or administrative arrest, as well as going to work while intoxicated of any nature are not counted towards the service period.

It is precisely these terms that are the reason for the low popularity of the alternative: conscripts understand that in any case these will be lost years of life. And no one wants to waste one and a half, or even 1.75 times more time on service. However, it is worth noting that the alternative is perfect for those who absolutely cannot imagine themselves in the army environment with all its specifics and complexities of social relationships.

What are the options?

For 2016, alternative service in the army was approved by order of the Russian Ministry of Labor No. 110n dated February 27, 2015. The list of possible options can be defined in one phrase: low-skilled jobs. The most common professions are in the sectors of livestock farming, industry, agriculture, medicine, and education. An “alternative worker” can be sent to serve as a cook, carpenter, auxiliary worker, gardener, orderly, mechanic, carpenter, tractor driver, cleaner, etc. There are also more exotic specialties, for example:

• A number of professions related to shipping, for example, assistant skipper, etc.
• Medical positions, including physician positions.
• Acting positions, including "ballet dancer" and "orchestra artist" options.
• Work related to computers, in particular - programmer.

Procedure if you want to get into alternative service

• At the place of military registration, the conscript submits an application to replace military service with an alternative civilian one. The application must be submitted before April 1 for those who are drafted in October-December of the current year and before October 1 for those who are drafted in April-June of the next year. If the conscript's deferment has expired, you can submit an application later, but no later than 10 days from the date the grounds for deferment ceased. The application must be accompanied by an autobiography and a reference from the place of work. It is important to receive a document confirming the registration of the application.
• The draft commission considers the application in the presence of the conscript. The time of the meeting will be communicated to the conscript additionally. Based on the results of the decision, he is given a copy of the decision.
• It is necessary to undergo a medical commission, which should determine the suitability of the conscript for alternative civilian service.
• At the draft commission, a referral to alternative civilian service is made, and a specific place of service is determined.
• At the military registration and enlistment office, the conscript receives a certificate, as well as a registration card and an order to be sent to the place of service. Travel documents are issued.
• It is necessary to report to the collection point on time and go to the place of alternative service.

While there may seem like red tape and extra paperwork, the process is actually relatively simple. And it can serve as a real chance to protect yourself from the risks associated with serving in the army.

Unlike military service, the term of alternative service is longer. Currently, the period is 1.75 times longer than the period of conscript military service and for citizens (including those who have graduated from state, municipal or non-state educational institutions, universities, vocational schools) is 21 months;

• until April 1
• until October 1

Application procedure

After submitting the application, you must obtain a document from the military registration and enlistment office confirming the submission of the application.

General information about alternative civil service

As a rule, this is a mark from a military registration and enlistment office employee on the second copy of the application for its receipt, or a certificate of registration of the application.

1. On the replacement of military service

up to 80,000 rubles .

8. The right to AGS in Russia in the absence of law

In the Russian Federation, the right to conscientious objection to military service and to replace it with alternative civilian service is guaranteed by the current Constitution, adopted on December 12, 1993: “A citizen of the Russian Federation in the event that his convictions or religion are contrary to military service, as well as in other in cases established by federal law, has the right to be replaced by an alternative civil service" (Article 59, Part 3). This is the basic and at the same time the only legal norm that allows you to defend your right to conscientious objection to military service.

There are a number of other regulations that mention or refer to the possibility of replacing military service with alternative civilian service, but almost all of them have no independent significance until the Federal Law “On Alternative Civil Service” is adopted. The Law “On Military Duty and Military Service” provides for the right of conscription commissions to make decisions on sending conscripts to alternative civilian service. The new Criminal Code of the Russian Federation, which came into force on January 1, 1997, provides for liability for evading alternative service.

However, there is still no Federal Law “On Alternative Civil Service”, although the adoption and enforcement of this law is part of the obligations assumed by the Russian Federation upon joining the Council of Europe in February 1996.

Thus, at present, there is no fully regulated by law procedure for providing conscientious objectors with alternative civilian service instead of military service.

At the same time, the Constitution of the Russian Federation by virtue of Art. 15 has direct effect, supreme legal force and is valid throughout the entire territory of the Russian Federation. Thus, the right to conscientious objection to military service, guaranteed by the Constitution, from a legal point of view, remains an inalienable right of citizens even in the absence of a special federal law on alternative civilian service.

In practice, the right of citizens to conscientious objection to military service is widely ignored by military commissariats (territorial bodies of the Ministry of Defense responsible for organizing conscription for military service) and conscription commissions. This is a violation of the Constitution and a restriction of the constitutional right of a citizen, and according to paragraph 3 of Art. 55 of the Constitution, the rights and freedoms of a citizen may be limited by federal law only to the extent necessary in order to protect the foundations of the constitutional system, morality, health, rights and legitimate interests of other persons, ensuring the defense of the country and the security of the state.

In violation of the Constitution, conscription commissions decide to conscript conscientious objectors for military service. These actions of conscription commissions become the object of appeal to the court by conscientious objectors whose rights have been violated.

The results are very contradictory. Some judges recognize the right of a conscript to refuse military service, referring in their decisions to the Constitution of the Russian Federation as the fundamental law of the country.

In other cases, courts rule not in favor of conscripts, but in favor of draft commissions, guided not by the provisions of the Constitution, but by traditional ideas about the compulsory nature of military service for every “real man,” but primarily citing the absence of a corresponding federal law.

In Russia today there is no uniform judicial practice in cases related to requirements for the provision of alternative civil service. Unfortunately, the Supreme Court of the Russian Federation does not try to systematize judicial practice in any way and issue guidelines for this category of court cases, which would undoubtedly make it much easier to assert one’s right to an AGS. Moreover, there are cases when the Supreme Court of the Russian Federation refused to satisfy the complaints of conscripts, citing the fact that Part 3 of Art. 59 of the Constitution of the Russian Federation does not have direct effect, since the implementation of this constitutional right requires additional regulation, and there is no corresponding federal law. Since the issue of alternative civil service in modern Russia is quite complex, including from a legal point of view, judges decide cases in this category differently. This can also be applied to judges of the Supreme Court of the Russian Federation, not to mention judges of district courts. Therefore, the success of the case will largely depend on the specific judge who will consider the refusal’s complaint and his personal position on the case.

In some cases, courts justify their negative decision by the fact that the conscript allegedly “failed to properly prove” his convictions that prevent him from performing military service.

According to Art. 28 of the Federal Law “On Military Duty and Military Service” as amended, adopted by the State Duma on March 6, 1998, in the event of an appeal of the decision of the draft commission to the court, its implementation is suspended until the court decision enters into legal force. In some cases, however, military commissariats act by illegal, illegal methods: with the help of the police, they use threats and force to deliver conscripts to the barracks, awaiting a court decision on their complaint. In almost every case, a conscript who refuses to serve in the army for reasons of conscientiousness goes through strong psychological pressure, specially organized by military registration and enlistment offices.

Since 1995, military commissariats have been operating on the basis of Directive No. 315/6/175Ш dated August 28, 1995. Ministry of Defense, which instructs military registration and enlistment offices to consider submitted applications for conscientious objection and to send such conscripts to units in which service “does not involve the carrying and use of weapons,” and to issue conscripts with an appropriate written guarantee. From a legal point of view, this directive, however, is not a solution to the problem of conscientious objectors, since military service in any unit requires the mandatory taking of a military oath, execution of orders from commanders and completion of a “young fighter course” in learning to use weapons. In practice, conscripts who agree to serve in such units end up in so-called “construction battalions”, where they find themselves in even worse conditions, subjected to torture and ill-treatment. An option is possible when the draft commission offers conscientious objectors a compromise, which consists in the promise that a special separate unit will be formed from the “alternatives”, with the creation of the necessary conditions for military service for believers and other “convinced people.” However, it is neither legally nor actually possible to create such formations, so such proposals should be considered only as another trick of the military registration and enlistment office.

However, even in the absence of a law, hundreds of young people refuse to serve in the army due to conscientious objections. They choose the difficult path, since it is much easier to buy a fake medical certificate of health and get out of the army, as about 20% of the total number of conscripts do every year. Some refuseniks achieve a decision in their favor, some are subject to criminal prosecution and imprisonment. All of them not only try to act as their conscience tells them, but also contribute to the speedier adoption of the law “On Alternative Civil Service.” The adoption of this law will mark the final transition from a “society fully prepared for war” to a transitional society.

On April 15, 1997, the human rights organization Amnesty International held a round table on the topic “The right to conscientious objection to military service; torture and ill-treatment in the army; imprisonment and forced conscription of conscientious objectors.” The round table was organized by the Moscow Helsinki Group, the Human Rights Center "Memorial", the organization "Soldiers' Mothers of St. Petersburg", the Committee of Soldiers' Mothers of Russia, the Movement Against Violence, the Anti-Militaristic Radical Association and the Andrei Sakharov Center. The meeting took place at the Andrei Sakharov Center in Moscow.

As a result, an appeal was adopted to the Government of the Russian Federation, the main provisions of which were as follows:

• immediately release all persons serving prison sentences for conscientious objection to military service, and suspend proceedings brought against persons seeking their right to conscientious objection;
• immediately adopt the necessary legislation recognizing the right to conscientious objection to military service as a legitimate expression of freedom of thought, conscience and religion, enshrined in Article 59 of the Constitution of the Russian Federation and relevant resolutions and recommendations of the UN and the Council of Europe;
• to ensure that such legislation provides for alternative service that is not punitive and that is purely civilian in nature and subject to civilian control. Such alternative service should be available to all persons recognized as conscientious objectors or conscientious objectors;
• ensure that such legislation does not discriminate against different conscripts on the basis of their individual beliefs or because they have not completed military service;
• ensure that such legislation makes it possible to register as conscientious objectors at any time, whether before conscription, after receiving conscription documents or while serving in the military;
• ensure that conscripts are informed in advance of their rights and that such information is made available to all concerned;
• recognize the role of non-governmental organizations in providing such information to all interested parties and conducting outreach to the general public about the right to conscientious objection to military service as a legitimate expression of freedom of thought, conscience and religion;
• create a special training program for military personnel that would include the principles of the Russian Constitution and other national laws relating to human rights; principles of international humanitarian law and international human rights norms to which Russia is a signatory, such as the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the UN Convention for the Prevention of Torture and the European Convention on Human Rights;
• guarantee members of the human rights movement, representatives of religious denominations, medical personnel and other public organizations the opportunity to regularly visit military units and meet with military personnel.

The number of conscientious objectors in Russia is not known exactly, but is measured in the thousands. According to the Ministry of Defense of the Russian Federation, in 1997, 1,736 official applications from conscripts were submitted to conscription commissions demanding that military service be replaced with an alternative one.

Alternative civil service - procedure for passing

What is alternative civil service - concept

Who has the right to replace military service with an alternative one?

Duration of alternative civil service

What is needed to replace military service with AGS

Features of alternative service

Responsibility for evading alternative service

Completion of alternative civil service (ACS) is provided for by the Constitution of the Russian Federation, Federal Law dated July 25, 2002 N 113-FZ “On Alternative Civil Service”, Federal Law dated March 28, 1998 N 53-FZ “On Military Duty and Military Service”, Regulations on the Procedure performing alternative civil service, approved by Decree of the Government of the Russian Federation of May 28, 2004 N 256.

What is alternative civil service - concept

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.

Who has the right to replace military service with an alternative one?

A citizen has the right to undergo the AGS in the following cases:

• 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.

In other cases, passing the AGS is not allowed.

Male citizens aged 18 to 27 years who are not in the reserve are called up for alternative civilian service, as well as for regular military service; they have the right to replace military service upon conscription with alternative civilian service; they have personally submitted an application to the military commissariat about their desire replace military conscription service with alternative civilian service and in respect of which a corresponding decision has been made.

Citizens who:

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

Duration of alternative civil service

Alternative civil service takes place:

• 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.

Unlike military service, the term of alternative service is longer.

4.9. Alternative civil service

Currently, the period is 1.75 times longer than the period of conscript military service and for citizens (including those who have graduated from state, municipal or non-state educational institutions, universities, vocational schools) is 21 months;

If the ACS takes place in organizations of the Armed Forces of the Russian Federation, the period of alternative service increases by 1.5 times and amounts to 18 months.

What is needed to replace military service with AGS

In order to get to the alternative service, you must complete the following steps.

1. Submit an application to replace conscription military service with alternative civilian service.

The application must be submitted to the military registration and enlistment office at the place of permanent residence within the following deadlines:

• until April 1– for conscripts who must be called up for military service in October - December of the current year;
• until October 1– for conscripts who are due to be called up for military service in April - June of the next year.

Application procedure

The application is submitted in any form. At the same time, the application must substantiate the reasons why military service is contrary to convictions or religion.

The application must be accompanied by an autobiography and a reference from the citizen’s place of work or study. The citizen has the right to attach other documents to the application. Providing other documents is not an obligation; they are submitted at the request of the conscript. As a rule, conscripts attach documents on education and certificates of family composition.

It is advisable (but not necessary) to indicate in the application persons who can confirm the circumstances in which military service is contrary to convictions or religion.

After submitting the application, you must obtain a document from the military registration and enlistment office confirming the submission of the application. As a rule, this is a mark from a military registration and enlistment office employee on the second copy of the application for its receipt, or a certificate of registration of the application.

2. Consideration of an application for alternative civil service

An application to replace conscript military service with an alternative civilian service is considered at a meeting of the conscription commission only in the presence of the conscript. The person is notified of the time and place of consideration of the application by a summons from the military registration and enlistment office against signature.

At a meeting of the draft commission when considering an application, the conscript must be prepared to speak and provide a reasoned presentation of the circumstances why he is asking to replace military service with an alternative one. It is also necessary to invite persons who agreed to confirm his position to the meeting.

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

The conclusion (decision) of the draft commission must be made (accepted) within 1 month from the date of the deadline for submitting an application to the military commissariat, that is, for autumn conscripts the deadline for consideration of applications is until May 1 of the current year, for spring conscripts - until November 1 .

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

The legislation establishes specific reasons why a conscript is refused to replace military conscription service with alternative civilian service:

• violation of the deadline or procedure for filing an application to replace military conscription service with an alternative civilian service;
• characterizing documents and other data 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;
• the conscript was twice called to meetings of the draft commission and did not appear at them without a good reason;
• Previously, the person was given the opportunity to undergo the ACS, but he avoided it.

In this case, valid reasons for non-appearance include:

• 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.

Based on the results of the meeting, a decision is made:

1. On the replacement of military service upon conscription by the alternative civil service with the simultaneous delivery of a summons indicating the deadline for appearing for a medical examination and a meeting of the draft commission to decide on the issue of sending him to the alternative civil service.
2. On refusal to replace military service upon conscription by alternative civil service. This decision can be appealed in court, for which it is necessary to obtain a copy of the decision of the draft commission, which must be issued to the conscript within three days from the date of the decision.

Features of alternative service

Citizens undergoing ACS are not much different from ordinary employees of the enterprises to which they are sent.

They also receive a salary, have the right to annual paid leave, the working day for them is established by the labor regulations and, as a rule, is 40 hours a week.

Responsibility for evading alternative service

Evasion from alternative service is recognized as the same crime as evasion from military service (see link). But the punishment for alternative conscripts is a little milder.

In accordance with the Criminal Code of the Russian Federation (Part 2 of Article 328 of the Criminal Code of the Russian Federation), evaders from performing alternative civil service may be subject to a fine in the amount of up to 80,000 rubles or in the amount of wages or other income of the convicted person for a period of up to six months, or compulsory labor for up to four hundred eighty hours, or arrest for up to six months.

According to established judicial practice, conscription dodgers are considered to be persons who have received a decision to be sent to alternative service, but for unexcusable reasons do not arrive at the place of service on time, repeated unauthorized leaving of work, refusal to perform the duties of alternative civil service, including refusal conclude a fixed-term employment contract, early dismissal through deception.

Evasion from alternative civil service is considered a completed crime for persons assigned to alternative civil service from the moment they reach the age of 28 years 9 months or 28 years 6 months, depending on its duration.

Prepared by "Personal Prava.ru"

Alternative service

to end
Autumn call
78 days

How to get into alternative civilian service?

Alexander Bragin

1. Who can exercise the right to alternative service?

In accordance with the Constitution of the Russian Federation and the Federal Law “On Alternative Civil Service,” two categories of conscripts enjoy the right to replace military service by conscription:

• citizens whose beliefs or religion are contrary to military service;
• representatives of indigenous peoples leading a traditional way of life, carrying out traditional farming and engaging in crafts.

Only young males, no younger than 18 and no older than 27 years old, who are fit for military service for health reasons and do not have deferments or exemptions from military service, can go to ACS. Any deferment or exemption from conscription (for example, due to training or illness) automatically exempts you from the ACS.

2. How and to whom should you declare your desire to undergo the ACS?

To confirm your right to ACS, you should submit to the military commissariat where you are registered as a military officer an application indicating the reasons and circumstances that prompted you to apply for assignment to ACS. In the application, you must indicate your beliefs (for example, religious, pacifist, anti-militarist, political, ethical) and justify why military service contradicts these beliefs. The application can (but is not required) indicate persons who can confirm the veracity of your words.

The application must be accompanied by:

• autobiography;
• characteristics from the place of work and or study (for workers (have worked) and (or) students (have studied).

No other documents are required.

3. What is the deadline for submitting an application for AGS?

According to the Law “On Alternative Civil Service”, an application to replace military service with ACS is submitted from the moment of military registration:

• before April 1 - by citizens who must be drafted in October-December of the current year (in the “autumn” draft);
• until October 1 - by citizens who must be drafted in April-July next year (in the “spring” draft).

The time of reaching the 18th birthday or the end of the draft deferment (for example, graduation from a university) - Deadline for filing an application for the ACS

January 1 - July 15, 2008 - Until October 1, 2007
July 1 - December 31, 2008 - Until April 1, 2008

Missing this deadline without a valid excuse may result in the draft commission refusing, on formal grounds, to replace military conscription service with an alternative civilian service.

The law establishes preferential deadlines for filing an application for ACS for those whose grounds for deferment from military service terminate prematurely after the deadline for filing an application indicated in the table, including during the next conscription (for example, upon expulsion from an educational institution). In such cases, an application for AGS can be submitted within 10 days from the date of termination of the basis for the deferment.

4. Do I need to prove my right to AGS?

The existence of beliefs is not subject to proof and cannot be proven. But if you choose the ACS, you must justify why military service does not correspond to your beliefs.
You have the right, if you deem it necessary, to submit any documents (for example, written evidence of membership in a particular religion, peacekeeping organization, participation in pacifist actions).

The application is considered by the draft commission in your presence. You must be notified of the time and place of the meeting by summons in advance and against receipt.
When considering an application at a committee meeting, you may be asked to speak. Those who will confirm your arguments may also be given the floor.

5. In what cases can they refuse to undergo the AGS?

You may be refused to replace military service with ACS only on the following grounds:

• You violated the deadline and (or) the legal procedure for filing an application for the AGS;
• documents or other data characterizing you do not correspond to your arguments about the contradiction between beliefs (religion) and military service;
• your application to the draft commission and the documents attached to it contain deliberately false information;
• You failed to appear at a meeting of the commission twice on the agenda without good reason;
• Previously, you were given the opportunity to undergo the ACS, but you avoided it.

If the draft commission considers that the documents or other data characterizing you do not correspond to your arguments about the contradiction between beliefs (religion) and military service, the commission must justify its decision, i.e. prove existing contradictions by reference to specific circumstances. In other words, it is not you who must prove the authenticity of your beliefs, but the draft commission that must present evidence of the unfoundedness of your claims to the ACS (if such evidence exists).

6. Is it necessary to undergo a medical examination when referring to the AGS?

If the draft commission has made a conclusion that it is possible for you to replace military service with an alternative civilian service, you must undergo a medical examination before being sent to the ACS. Based on its results, you are either declared fit for military service and sent to the ACS, or receive a deferment (exemption) from both conscription and the ACS.

7. Where can they be sent to undergo the ACS?

The list of jobs to which citizens are sent to undergo the ACS is determined annually by the Government of the Russian Federation depending on the applications received and the situation on the labor market.
You can be sent to any workplace that is on the approved list and is provided with housing. At the same time, when determining the type of work, profession, position and place of completion of the ACS, your education, specialty, qualifications, previous work experience, health and marital status must be taken into account.

The term of alternative civil service for citizens assigned to it from January 1, 2008 is 21 months, and for those undergoing ACS in civilian positions in organizations of military subordination - 18 months.

Prepared on the basis of material from UMOO “Garantia” (Ulyanovsk) within the framework of the Public Initiative “Citizen and Army”

Welcome to the project about Alternative Civil Service in Russia!

The project was created as a non-profit, informational and educational resource for conscripts and their parents. Unfortunately, in our country, many conscripts do not know that they have the right to replace military service with an alternative civilian one. Civil service is not a form of evasion and not an opportunity to evade conscription, but full-fledged service without weapons in hand, guaranteed by Article 59 of the Constitution of the Russian Federation.

Stop the criminal prosecution of Nikita Konev!

In 2011, the military commissariat of the city of Kirovsk, Murmansk region in the cities of Kirovsk and Apatity began a fight against conscript Nikita Konev. In an unequal struggle, with the involvement of all possible administrative resources of the commissariat and the prosecutor's office, a criminal case was brought against the guy. Judge Vitaly Goryunov estimated the damage caused to the state at 130,000 rubles. The only thing Nikita Konev did was try to exercise his right, guaranteed by the Constitution of the Russian Federation and the Federal Law on AGS. They literally made a criminal out of a man, they mutilate his life and waste years of his life. People involved in this shameful case, calling on us to love and defend our Motherland, are persecuting a citizen for his pacifist beliefs.

Every conscript has the right to replace military service with ACS!

What is AGS?

Alternative civil service (abbreviated as ACS), the right of a citizen of the Russian Federation to replace military service is guaranteed by the 3rd part, Article 59 of the Constitution of the Russian Federation. ACS is a civilian service for the benefit of society and the state, which is practically no different from ordinary work.

What do you need to do to go to the AGS?

Declare your right to AGS by submitting an application to the military commissariat department. The application can also be sent by mail.

When should you apply for AGS?

The Federal Law on Alternative Civil Service regulates the filing of an application six months before your conscription. For example, if you are being drafted this fall, you should have submitted an application in the last spring draft, or vice versa, you are being drafted in the spring, then you need to submit an application for the ACS in the fall draft.

Fortunately, this is not entirely true, this is just a norm created for the convenience of the work of draft boards and military registration and enlistment offices. The citizen’s right to AGS is constitutional, guaranteed by the state and cannot be left unsatisfied due to procedural norms.

Military alternative civilian service: conditions and requirements

The application can be submitted at any time, with the exception of cases of taking the oath in a military unit. That is, until you are drafted, even if you have already passed a medical examination, you have a chance to get into alternative civilian service.

Why should I go to AGS? Perhaps I am not fit to serve at all!

If you are not fit for military service, for the same reasons you are not fit to undergo ACS. It is necessary to undergo a medical examination only after a decision has been made on your application for the ACS; in this case, if it suddenly turns out that you are fit for service, you will go to the ACS, and not into the army.

Why doesn’t the military commissariat want me to go to the ACS?

1. The military commissariat has a personal interest in you joining the army. The military registration and enlistment office has a plan for conscription into the army, they do not have a plan for the ACS.
2. By choosing the AGS, you set a personal example for other conscripts; the more conscripts in Russia give preference to the AGS, the greater the likelihood of abolishing forced conscription into the Russian army.
3. By going to serve as an alternative, you cut off possible corruption schemes of dishonest employees of the conscription system, because your fate no longer depends on their actions - the possibility of receiving a bribe from you is reduced to zero.

Why do so few conscripts choose the civil service?

1. It is always difficult to make your own choice and not follow the lead of others.
2. Civil service is conscription service, not exemption from service.
3. There are still many myths about the ACS that have no relation to reality in the minds of the parents of conscripts.

Why is there nothing in the military registration and enlistment office about the AGS, why did I just find out that I have the right to serve without weapons?

The Military Commissariat Department is a division of the Ministry of Defense; it is not interested in conscripts making the right choice, much less declaring their pacifist worldviews. In fact, conscription in Russia has begun to resemble a conveyor belt: military registration and enlistment offices often break the law while working for results; conscripts do not understand why they are joining the army, what kind of debt they owe and where it came from. AGS in Russia initially caused dissatisfaction among the highest ranks of the Ministry of Defense, and this dissatisfaction remains to this day.

I applied for the ACS, but they persistently invite me to the military registration and enlistment office to undergo a medical examination.

In accordance with the Federal Law on AGS, Art. 10, which establishes the following order of conscription activities (when applying for the ACS, the order of conscription activities changes slightly in contrast to the usual conscription for the Armed Forces):

• attendance at the meeting of the draft commission, at which your application for the ACS will be considered;
• appearing for a medical examination;
• appearing at a meeting of the draft commission, at which, taking into account your degree of suitability, a decision will be made as to whether you are suitable for passing the ACS;
• reporting to the military registration and enlistment office and receiving an order to leave for the place of passing the ACS;

In short, inviting you for a medical examination before a decision on your application is made is nothing more than a gross violation of the Federal Law on AGS.

Where and by whom can I perform alternative civilian service?

The list of places for training and professions is approved by order of the Ministry of Labor and Social Protection and is published in open form on the website.

Links to thematic sites

Alternative civil service is... Federal Law on Alternative Civil Service

Alternative civilian service is an opportunity provided by the state to avoid military service under the existence of certain conditions, and which ones exactly are discussed below.

Regulatory regulation

The replacement of military service with alternative civilian service is under the tutelage of Federal Law No. 113. The bill was signed by the president and published on the 25th of the second month of summer (July) in 2002. This legal act regulates social relations that are associated with the implementation of the right of every male citizen to replace military service with another type of activity. It is important to note that this rule applies exclusively to young people who are required to serve in the army upon conscription. Alternative civilian service is a real opportunity to escape a harsh regime by providing skills, education and years of experience in return.

About general provisions

Article 1 of the above-mentioned federal law gives the following definition: alternative civil service is a type of special activity that is performed by a specific person in the interests of not only the state, but also society. Service is recognized as alternative in the case when citizens are obliged to perform labor activities in exchange for conscription service.

The Law on Alternative Civil Service also indicates a certain area of ​​legal regulation. The first-priority act among all the variety of laws is the Constitution of Russia. Further, according to legal force, they are followed by the Federal Law and federal laws. By-laws, as well as international norms that are duly ratified on the territory of Russia, are also a legal source regulating the position of citizens serving in the civil service.

Video on the topic

Replacement conditions

Replacing military service with alternative civilian service is possible only if certain conditions are met, which are also listed in Federal Law No. 113.

The first condition is the inability to perform conscription service due to religious beliefs or religion. Indeed, many religions prohibit military action against a person or otherwise say that serving is sinful.

Another condition is related to the lifestyle of a particular person. Thus, the law says that the right to alternative civil service can be exercised by a representative of a small people who leads a lifestyle closely related to agriculture, is engaged in fishing, and also lives and earns by leading a traditional lifestyle similar to such in the early historical stages of human development. In fact, interpreting the words of the legislator, we can conclude that people who have been engaged in traditional crafts all their lives will not be able to be useful to the state during their service.

Conditions for male persons sent to serve

The Federal Law “On Alternative Civil Service” determines the internal conditions for those who have the right to transfer. Thus, Article 3 states that:

• This type of service is carried out only by men whose age varies between 18-27 years.
• Males must necessarily have the right to replace military service; accordingly, all of the above conditions must be met.
• A man should not be in reserve.

The above conditions are factual, that is, they come from certain living conditions. There are also formal conditions, which include the following:

• Submitting an application in person to the commissariat, which indicates the need to replace military service with civilian alternative service.
• The conscription commission must make an appropriate decision in accordance with the procedure established by regulatory legal acts.

Not all citizens, even those with exemption grounds, can perform alternative service. Thus, the provisions of the federal law do not apply to male persons who:

Place of service

Alternative civil service is a type of activity, the peculiarity of which is the presence of labor relations, which can be performed both individually and as part of any formations clearly defined by law:

1. Organizations that are subordinate to federal executive authorities.
2. Organizations that belong to the authorities of the subjects.
3. In formations that belong to the organizations of the Armed Forces of the state, but as civilian personnel.

As practice shows, citizens undergo alternative civil service outside the region in which they permanently reside.

Special measures are applied to persons who are part of a small population. The obligation to undergo military service is also not applied to them; alternative civilian service takes place at the place of economic activity. The list of positions, as well as workplaces where alternative service is possible, is approved by the Government of Russia.

When choosing a position or type of activity, it is necessary to take into account the citizen’s level of education, his previous occupation, specialty, work experience, qualifications, as well as other qualities and skills that may be useful during service.

Life time

Alternative civil service is an obligation that is limited to certain periods. Federal Law No. 113 states that the term of alternative civil service exceeds 1 point 75 times the term of conscription service. This means that there is no clearly defined date; if the period of military duty changes, the alternative one will also undergo changes in the above proportion.

Today, the period of alternative civil service is 42 months, and for those who have graduated from higher educational institutions - 21 months. In the case when citizens undergo alternative service in formations of the RF Armed Forces, the period of this activity is 3 years, and for those who have graduated from a higher educational institution - 18 months.

The countdown of alternative service begins from the day the person leaves for service. The date is indicated by the military commissariat. The day of termination of service is considered the day of termination of the contract that was concluded with the person in connection with dismissal from service.

Days not counted towards service life

There are certain days that are not included in the service life, namely:

• Absenteeism. Since this activity, along with the above-mentioned legal acts, is regulated by the Labor Code of the Russian Federation, absenteeism is the absence of an employee at the workplace at the time established by the contract or instruction for more than 4 hours continuously during the working period.
• Additional leave provided by the employer for training in educational organizations is not counted towards the period of service.
• The time of criminal punishment served in places of detention, or administrative - in the form of arrest.
• Performing work duties while intoxicated, as well as appearing at the workplace.

Service organization

The first requirement for organizing an alternative type of service concerns the legislation of the Russian Federation, which fully regulates this type of activity. The direct participants organizing the service are the constituent entities of the Russian Federation. These participants perform the following functions:

• They provide a list of vacant specialties that are suitable for this type of service. Federal authorities make proposals to improve types of work, to expand their list, and also provide operational information regarding professions, positions and all persons involved.
• They keep records of organizations that are subordinate to the subjects and are suitable for performing the type of service in question.
• Receive and send to the relevant authorities the necessary information about citizens who arrived for service.
• Monitor compliance with legislation, the legality of the concluded employment contract, as well as its execution.

Thus, comparing modern Russia with the Soviet Union, it can be noted that many citizens are given a real opportunity to repay their debt to their homeland without putting on their shoulders in shoulder straps. Certain exceptions are provided for by military service. Alternative civil service, in turn, provides the right to repay debt to one's country in a different form.

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