Today, almost half of all graduates, students and their parents seek legal advice on issues of military service. The reason for this is the rather complex presentation of the material formulated in the legislation, so clarification is required on certain points. The most problematic of them is the second deferment from the army. It is impossible to unequivocally answer how many deferments students are entitled to from the army, since this largely depends on the selected stages of training.

On the other hand, each graduate must clearly understand when temporary release from service is granted. This information will determine the ways of obtaining education, and, consequently, the entire future fate young men. Why were there fewer questions on this topic before? The fact is that children went to school from the age of 7, and when the 10-year education program was implemented, they graduated from it at 17. They had time to enter educational institutions. Today we have switched to 11-year education, so almost all graduates require a deferment from the army to study at school.

The first reprieve, who is entitled to it

Each citizen is granted one deferment for the purpose of obtaining education. In some cases, if certain conditions are met, both the second and the third may be given. In order not to get confused in the interpretation of the law, it is necessary to take a closer look at the first transfer of service life.

The young man is given a summons, although he is a student. To all his questions, representatives of the military registration and enlistment office answer that he has exhausted the training opportunities allotted to him. To avoid such surprises, you need to start studying the law from the school stage.

If a student is 18 years old (and today the majority are), then a law comes into force providing the opportunity not only to pass exams, but also, if successful, to enter a higher education institution. The young man has plenty of time until October 1. But this is considered the first deferment, which a newly graduated university student continues to use until receiving a bachelor’s degree. Those who are only 17 years old at school enter college on a general basis and during the first year of study they have the opportunity not to interrupt their studies for military service.

Children who wish to continue their studies in institutions of secondary specialized education on the basis of basic general education (after 9 grades) will take advantage of the first deferment within the walls of the secondary school. Its duration is limited by the course program. That is, now they let you get a diploma, regardless of your age.

Second deferment and conditions for obtaining it

Finally, we move on to the most problematic issue regarding the second liberation from the army. Let's start, perhaps, with secondary specialized education. After receiving a diploma, the young man can be drafted into the army, since the deferment is over. Entering a higher educational institution will not save the situation, since in this case it is impossible to get a second deferment.

This deferment is not allowed in a number of cases. If, after 11th grade, a graduate entered a university and studied in a specialty program, then further studies in a master’s program will not earn him an exemption from conscription. Service transfer will not be provided when implementing the second higher education, you will have to first join the army.

In order to earn a second deferment, it is necessary to comply with certain conditions during the training process.

• Studying at a university should be carried out on the basis of 11 classes.
• The student must be enrolled in the university in the year of receiving the certificate.
• An educational institution must have state accreditation in the chosen direction.
• Training is carried out in programs providing for a bachelor's degree, provided that such a deferment was not previously provided.
• Admission to a master's program must occur in the year of receiving a bachelor's degree.

Can they be released from the army for the third time?

In order not to get confused in theoretical issues, it is necessary to understand a simple scheme for choosing an educational institution. If you want to devote yourself to science, then the path to its heights should follow the scheme: school - bachelor's degree - master's degree - graduate school. In this scheme, the number of deferments is not limited to two. The third deferment is allocated

Deferment from the army 2017-2018 — actual topic for young people and their parents who want to postpone their conscription period or avoid military service altogether. There are many ways to do this: from illegal ones - in the form of monetary “promises” to employees of the military commissariat - to completely legal ones, which we will talk about.

Who won't join the army?

The procedure for passing urgent military service, as well as the grounds for exemption and deferment from it are regulated by the law “On Military Duty and Military Service” (Federal Law No. 53 of March 28, 1998). Article 23 defines the following categories of citizens who, having received a summons from the military registration and enlistment office, will remain with their family:

1. Citizens recognized as partially fit for conscription into the army: they will receive a military ID upon reaching 18 years of age. In this case, limited suitability for military service must be confirmed by a decision of a military medical commission. The conscript undergoes examination at the military commissariat at his place of residence. At the same time, he must have a medical card or other certificates confirming the presence of a chronic disease: diseases of the nervous or cardiovascular system, musculoskeletal system, lack of weight, lack of a certain number of teeth, etc. Full list such diseases are described in detail in the appendix to the “Regulations on military medical examination” (Resolution of the Government of the Russian Federation dated July 4, 2013 No. 565). It is required that a certificate confirming an unsatisfactory state of health be obtained from a military medical commission, and in some cases from a state or municipal clinic or hospital.
2. Citizens who prefer alternative service. An application for alternative service must be submitted to the military registration and enlistment office at the place of permanent registration. The reason why the conscript needs this type of service, and not the army, should be clearly and convincingly stated. This can be argued, for example, by one’s own moral principles or religious considerations. The duration of alternative service is 18-21 months. For this time young man are employed in their specialty (often far from their place of permanent residence), a contract is concluded with them employment contract, he receives a small salary (For more details, see Alternative service - what are the deadlines and procedure?).

   Usually alternative service involves performing unskilled and low-paid jobs: failed soldiers work as orderlies in hospitals, at production and construction sites, etc. For young people with higher education, it is possible to serve as a clerk, librarian, or archivist.

3. Citizens who served in the armed forces foreign country , with whose government Russia has concluded an international treaty.

Brothers and sons of conscripts who died in the army, as well as citizens who died during military training, can be legally exempt from military service. The law provides for the right to exempt from the army persons who have a candidate or doctorate degree. Citizens serving sentences in prisons, colonies, under investigation or who have an outstanding criminal record are not accepted for military service.

How to get a deferment from the army?

It is possible that a completely healthy young man will want to join the army in the future, but now he wants to study at a university or technical school, start a family and build a successful career. In this case, it is better to use the right of deferment. Deferment from the army 2017-2018 is regulated by Art. 24 Federal Law “On Military Service”. The deferral rules apply to:

1. Citizens with a temporary illness. In such a situation, a deferment is granted for a period of no more than 1 year.
2. Citizens who care for their sick relatives, and there is no one else to do this, i.e. if the conscript is the only support and breadwinner in the family.
3. Citizens raising children without a mother or who are guardians (trustees) of their minor brothers and sisters - provided that there is no one else to raise small relatives.
4. Citizens who have a child and a wife at least 26 weeks pregnant.
5. Citizens who entered the service of the Ministry of Internal Affairs, fire safety, Ministry of Emergency Situations, etc.
6. Citizens with 2 or more children or 1 disabled child who has not yet turned 3 years old.

The deferment also applies to persons elected to legislative bodies at the federal and regional levels (deputies), as well as to those registered as candidates for elective positions.

Young people who do not want to serve often use another legal basis for deferment - studying at universities. But this applies only to full-time students of budgetary and commercial departments. The main thing is that the university has state accreditation. The deferment period cannot be longer than the period of study: for specialty programs it is 5 years, bachelor’s programs - 4 years, master’s programs - 2 years, postgraduate programs - 3 years. The right to deferment also remains for those students who have taken academic leave or were expelled from the university at their own request.

In this case, the right is retained only if, in connection with academic leave, the period of deferment increases by no more than a year, and in case of expulsion and subsequent reinstatement, the period should not increase at all.

It happens that a student is already 27 years old at the time of completion of his studies (the maximum age when a man is subject to conscription for compulsory military service). For example, if a young man received a bachelor's degree, after which he entered a full-time master's degree, and then decided to continue his studies in graduate school. In this case, he is automatically exempt from urgent conscription to Army.

A deferment is also possible for students of vocational schools, colleges and other secondary specialized educational institutions. Since 2017, such a deferment has been provided for the entire period of study. In this case, the teaching is not only light, but also guaranteed “freedom” for several years.

Should we trust offers like “I’ll help you get out of the army for money”?

There are many advertisements on the Internet inviting conscripts to avoid the army. The cost of the issue can cost a tidy sum. Often scammers simply take the money and leave their clients with nothing. The guarantee that a young man will not be called up for military service is practically zero. At the same time, serious punishment is provided for attempting to illegally evade the army - a fine of up to 200 thousand rubles or the amount of income for a period of up to one and a half years, arrest for up to six months, or prison or forced labor for up to 2 years (Article 328 of the Criminal Code of the Russian Federation). To this may also be added punishment for bribery (Article 291 of the Criminal Code of the Russian Federation).

If a young man has legal grounds for a deferment, he must take the initiative and bring all available documents to the military registration and enlistment office. If he is a student, a certificate from the educational institution is required; If you have a dependent pregnant wife, two or more children or disabled relatives, a certificate of family composition and a conclusion from the social security authorities is sufficient.

If a conscript is sick, then an extract from his medical card and the conclusion of the attending physician. He will undergo a medical examination on a general basis, and if necessary, the young man can be sent for a medical examination at a military hospital.

What are the consequences of deception?

We strongly do not recommend that you try to simulate an illness or any of your “peculiarities” (pretend to be mentally ill people, homosexuals, etc.): the medical board of the military registration and enlistment office employs psychologists who are able to recognize a lie almost from the first minute of your inappropriate behavior.

If you have documents on hand that give you the right to a deferment or release from the army, then if the specialists of the regional military registration and enlistment office make an unsatisfactory conclusion about fitness for service, you should appeal such an act to the military commissariat of a constituent entity of the Russian Federation or in court. In this situation, it is advisable to use the services of an experienced lawyer who can defend the legal position of his client. Help can also be provided by human rights organizations that work free of charge and try to widely publicize cases of violation of the rights of conscripts.

Upon reaching the age of eighteen, every young man thinks about how to temporarily avoid military service. Everyone has their own reasons for this: some don’t want to serve at all, while others are going to get an education first. Be that as it may, a deferment from military service is given only for several reasons:

• Deferment from military service for health reasons
• Deferment from military service for family reasons
• Deferment from military service due to work
• Deferment from the army for studies

Deferment from military service

Postponement from military service According to health, it is divided into several categories “B”, “D”, “D”. Deferment type “G” is temporary and is usually given for a period of six months to a year. Deferments of categories “B” (limitedly fit) and “D” (not fit) are permanent. The state of health is determined by a special medical commission convened at your district or regional military registration and enlistment office.

Firstly, a deferment from conscription for family reasons is given to those who are the only guardian or breadwinner in the family and are obliged to care for mom, dad, brother, sister, grandmother or grandfather, but only on condition that they have a medical examination and social the service declared them incompetent. Secondly, this type of deferment is given to conscripts who have children. By the way, “liberation” for this reason is given to young people, regardless of their desire.

Deferment from military service is also provided to those who work for public service. This applies to employees of internal affairs bodies, firefighters, customs officers, deputies and candidates for self-government bodies.

Deferment from military service due to studies

Deferment from military service due to training is the most popular way to get out of it today. Let's take a closer look at it. This “exemption” is usually given during school, college, institute and graduate school, but in fact it is not granted to everyone.

So, let's figure out how to get a deferment from the army for studies.

Of course, by receiving general secondary education at school, you can be sure that you will not be drafted into the army. But what about those who, after the ninth grade, decided to continue their studies at a technical school or college? In this case, a deferment is provided, but only until the age of twenty.

A deferment from the army at the institute is given for the entire period of study if the specialty for which you entered has accreditation of the established state standard. It follows from this that it is not so important which university you choose - state or commercial - you will still receive a deferment from military service.

It is also necessary to remember that a deferment from the army is not provided to those who study part-time or part-time. These forms include evening, distance learning, combined training and training in weekend groups.

A deferment from the army is also provided to university students upon receipt of a master's degree or a second higher education. Deferment from military service in this case is usually given for a period of about two years, depending on the educational institution you choose.

Deferment from military service

Postgraduate study deserves to be highlighted in separate topic. The fact is that a deferment from military service is provided to persons who have successfully completed graduate school on a permanent basis. Simply put, if you defend your dissertation and become a candidate of science, you will definitely not be drafted into the army.

At the stage of gaining knowledge and for entering graduate school at a particular university, a deferment from the army is provided under the same conditions as when studying under higher education programs. vocational education.

Typically, postgraduate study lasts three years, but this time is not always enough to defend a dissertation. For example, your work may be approved and tentatively submitted for defense only a year after graduating from graduate school. What to do in this case with a deferment from the army - after all, you are no longer studying at a university! This problem can be solved quite easily: you simply provide the military registration and enlistment office with documents stating that the date of defense of your dissertation occurs after the end of the study period. But remember that in this case, according to the law, the regulatory package of documents is not regulated, therefore, which certificates are suitable and which are not will have to be decided directly by the military registration and enlistment office, so there is still a small risk of not receiving a deferment for conscription.

Today we’ll talk about the types and types of deferments from the army. The interesting thing is that I myself was not strong in this topic before I started preparing this article. However, I have already said that this blog helps me become more and more knowledgeable in military affairs. And not only.

Well... I suggest we start! To make it more convenient for you to understand the structure of the article, I made a small list of theses at the beginning. Next it will be detailed analysis each point and sub-point.

Types of deferments from the army

• Deferment from the army for studies
  • Deferment for schoolchildren
  • Deferment for students
  • Postgraduate deferment
  • Academic leave
  • Second deferment from the army
• Deferment from the army for family reasons
  • Deferment for the birth of a child
  • Deferment for wife's pregnancy
  • Deferred care for relatives
  • Deferment for guardianship
• Deferment from the army due to health
• Work deferment
  • Deferment from the army for work in the Ministry of Emergency Situations, Department of Internal Affairs, FSB, etc.
  • Deferment from the army for work as a deputy.
• Presidential reprieve

Deferment from the army for studies

Deferment for schoolchildren

Each student in regular high school Until the age of 20, a deferment from the army is given. Why exactly until 20 years old? I think this is in case the student stays for a second year a couple of times.

In addition, if you have successfully passed the school final exams (USE) and plan to enter a higher education institution, then you will also be given a deferment. Valid until October 1 of the current year. By own experience I will say that this time is enough.

If you enter a college or technical school for full-time study, but at the time of admission you completed only 9 classes instead of 11 at school, then you should be given a deferment from the army until you reach 20 years of age for the entire period of study.

IMPORTANT! This also applies to studying at university. If, after receiving a deferment, you are expelled from the educational institution in the 1st, 2nd, or any other year, your deferment “burns out.”

Deferment for students

If you successfully enroll in a higher education institution for full-time study, the university must provide you with a deferment for the entire period of study. Just don’t think that if you received a deferment in the 1st year, this means that for the next 4 years (and I remind you that now all universities have switched to a bachelor’s education system) the military registration and enlistment office will not touch you. When receiving a deferment, the student must appear at the military registration and enlistment office every year and confirm his status and the fact of studying at this particular educational institution.

IMPORTANT! Educational institutions with state accreditation can provide a deferment to their students. There are cases when in one educational institution there are specialties with and without state accreditation. Therefore, be careful with this moment!

Postgraduate deferment

Postgraduate deferment is provided to all full-time postgraduate students admitted to postgraduate study for the duration of their postgraduate studies and for no more than one year after in order to defend their candidate's thesis. The latter is given only when necessary in each specific case.

Academic leave

You will retain the right to a deferment from the army if, after taking an academic leave, the total period of study increases by no more than 1 year.

Translation

If you are transferred from one specialty to another or to another educational institution and the total period of study does not increase, or increases by no more than 1 year, then the deferment from the army remains with you.

IMPORTANT! The transfer must also be carried out to a specialty that has state accreditation, otherwise the deferment will “burn out.”

Second deferment from the army

If you were granted a deferment for studying at school (grade 11), then you can receive a second deferment for studying in bachelor’s and specialty programs. Roughly speaking, you can get a second deferment at the university.

If the first deferment was given due to admission to a bachelor's degree program, then the second may be given due to continuing studies in a master's degree program.

In other cases, a second deferment is not granted.

Deferment for family reasons

Deferment for the birth of a child

Deferment from conscription for military service is granted to citizens:

- having a child and raising him without a mother;

- having two or more children;

- having a disabled child under three years of age;

Deferment from the army due to wife's pregnancy

Deferment from the army due to the wife's pregnancy is provided to citizens who have one child and a wife whose pregnancy is at least 26 weeks.

Thus, the main conditions for obtaining a deferment from the army due to the wife’s pregnancy are:

• be officially married;
• have one child in common with your wife;
• The wife's pregnancy must be at least 26 weeks;

Deferment from the army to care for a loved one

The main conditions for receiving a deferment from the army to care for a loved one are:

• the absence of other citizens obligated by law to support the citizen;
• lack of full state support for the citizen who will be cared for;
• citizen needs a conclusion federal institution medical and social expertise in permanent care;
• a citizen in need of care is your father, mother, wife, brother, sister, grandfather, grandmother or adoptive parent.

Deferment from the army due to guardianship

Deferment from the army for guardianship is granted to a citizen if he is the sole guardian or trustee of a minor sister or brother.

Health deferment

A deferment for health reasons is given to a citizen who is declared unfit for military service (fitness category “G”). The deferment period is from 6 months to 1 year, depending on the severity of the injury for which the deferment is granted.

Deferment from the army due to work

Deferment from the army for work in the Ministry of Emergency Situations, the Department of Internal Affairs and the FSB

The main conditions for obtaining a deferment for work in the Ministry of Emergency Situations, the Department of Internal Affairs and the FSB are:

• entering the service immediately after completing studies in educational institutions of higher professional education of the same bodies and institutions;
• availability of higher professional education;
• presence of a special rank;

Deferment from the army for work as a deputy

All that is required from a citizen in order to receive a deferment from the army for work as a deputy is:

1. Be officially elected as a deputy.
2. Exercise your powers on an ongoing basis.

Presidential reprieve

Citizens who have been given this right by special decrees of the President have the right to receive a deferment from military service. Russian Federation.

Bottom line

As you understand, there are quite a few types and types of deferments from the army. But very few people, especially conscripts and their parents, know about the opportunities and rights that they are endowed with by Federal Law No. 53 of March 28, 1998. It is for this purpose that this article was written.

Providing information to those who need it is one of the tasks that I have been pursuing since the very beginning of the formation of the Army blog: a view from the inside.

I wish each of us to know the rights that we have,

Deferment from conscription is the release of young people of military age from military service for a certain period. Obtaining a deferment on legal grounds is provided for by Federal Law of March 28, 1998 No. 53-FZ “On Military Duty and Military Service.” This document also contains a list of deferments from the army. The law clearly distinguishes between cases when a conscript should be released from military service and enlisted in the reserves, and in which cases a deferment from conscription should be granted for a certain period. It is important to remember that before applying for a deferment, it is necessary to determine your suitability for military service. First, the young person undergoes a medical examination by medical specialists, and if he is found fit, he can exercise his right to a deferment. And if he is of “limited fitness,” then he is enlisted in the reserves and given a military ID. Our specialists will familiarize you with the list of deferments and changes in the legislation on conscription in 2019, and will help you find the legal grounds that are suitable for you to receive a deferment from the army.

Deferment from the army for schoolchildren and college students

Studying at school implies receiving a deferment in accordance with Art. p.p. “a” clause 2 art. 24 FZ-53 “On military duty and military service.” To receive the next deferment, you must enroll in a technical school or college that has state accreditation before the start of the fall conscription. The deferment will be provided for the entire duration of study. Our practice shows that the military registration and enlistment office often violates the right of conscripts to defer their studies. The most common violation concerns young people who have reached the age of 18 before leaving school. According to the military registration and enlistment office, such conscripts are not entitled to a deferment. However, the Constitutional Court of the Russian Federation, in its Resolution No. 19-P dated May 22, 2018, pointed out the inconsistency of this position with the Constitution of the Russian Federation. Very often, during the deferment period, military registration and enlistment office employees carry out conscription measures against the student (summoning them for a medical examination, testing, serving a summons to be sent to the army), which is prohibited by law. If you are called to the military registration and enlistment office during the current deferment, contact us urgently.

Deferment from conscription for university and postgraduate students

A deferment from conscription is also available to university students
full-time students in bachelor's, specialist's, master's programs, but not beyond the deadlines for mastering educational programs. If you previously studied under a secondary vocational education program and it was granted to you, then temporary exemption from the army will not be granted to study at a university; there is no second deferment for obtaining higher education after secondary vocational education. It is important for students to know the following nuances:

• if a young person is transferred from one specialty to another within educational institution, or transferred to another institution according to educational program at the same level and the period of study does not increase or increases by no more than 1 year, then he retains the right to deferment;
• If a young person takes an academic leave during his studies and the total period of study does not increase or increases by no more than 1 year, then he retains the right to a deferment from conscription.

The law provides for the possibility of obtaining a separate deferment for the period of admission to the master's program - post-graduation holidays. To do this, you need to submit an application to the military registration and enlistment office in two copies. When enrolling in a master's program, the military registration and enlistment office is obliged to provide you with another deferment - for the period of study in the educational program. The military registration and enlistment office often violates the conscript's right to a deferment for master's studies and refuses to grant it. The illegality of these actions was indicated by the Constitutional Court of the Russian Federation in its Resolution No. 15-P dated April 17, 2018.

A university graduate who wishes to continue his studies in graduate school has the right to a deferment for the entire period of study, as well as an additional period of no more than 1 year to defend his scientific work. Educational institution must have documents confirming state accreditation. At the same time, the student has the right to refuse a student deferment, since this is a right, not an obligation.

If your rights are violated, you can appeal the commission's decision to a higher draft commission or to court.

Deferment from the army for family reasons

Relatives of conscripts who need help and care may be granted a deferment under the following circumstances:

• a young man is constantly engaged in caring for his parents, wife, siblings, grandparents, as well as an adoptive parent, in the absence of other persons capable of caring for him or provided that loved ones are not on state support and are in need, due to their condition health;
• the potential conscript is a guardian or trustee of a minor brother or sister, provided that there are no other persons legally capable of caring for them;
• raising a child without a mother;
• having two or more children;
• the presence of one child and the wife is in a position whose pregnancy is at least 26 weeks;
• presence of a disabled child under 3 years of age.

Deferment from the army due to work

• employees government agencies during direct work in the above authorities, as well as subject to graduation from a specialized educational institution and the presence of professional knowledge;
• deputies State Duma Federal Assembly Russian Federation, legislative bodies state power subjects of the Russian Federation, as well as representative bodies of a municipal entity or the head of a municipal entity, subject to the exercise of their powers on an ongoing basis - during the immediate period of execution of powers;
• citizens of military age “registered in accordance with the legislation of the Russian Federation on elections as candidates for positions to be filled or for membership in state authorities or local governments” up to official announcement election results or until early withdrawal from the election race.

Deferment from the army due to health

A conscript can receive a deferment from the army if he
the state of health does not satisfy the draft board. The medical commission grants a health deferment for a period of 6 months to 1 year simultaneously with the assignment of fitness category G on the basis of the corresponding article of the Schedule of Diseases for Conscripts. For each disease, temporary exemption from military service for health reasons is provided only once. It is assumed that during this time the conscript will get rid of diseases that interfere with military service. There are a number of diseases in the Schedule of Diseases, when identified for the first time, the military registration and enlistment office has the right to assign a fitness category G for 6 months for dynamic observation. If the disease persists for the next conscription, such a conscript is exempted from military service, enlisted in the reserve and he receives a military ID.

In order to find out whether a conscript has the right to a deferment from the army due to health, you need to read the Schedule of Illnesses for Conscripts or make an appointment with us for your first free consultation.