Do they draft you into the army from college? Do they take you into the army with a criminal record? Law “On conscription and military service Where to be drafted into the army with Article 286

Yes, you have to take into account some features of the conscription process, but no one in Russia removes military service even from criminals. Except for those who committed a terrible crime. But, as a rule, such acts are punished accordingly (very seriously, so that all possible conscription periods pass).

28.06.2016

Will they take you into the army if you have a suspended sentence?

A criminal record and being under arrest are two different concepts, but “arrestees” also do not have the right to serve in the army until a procedural decision is made regarding them. A citizen convicted by a court and sent for correction to a correctional colony also cannot be drafted into the army for the entire period of his stay in the colony.
Read also: Which tattoos are not accepted into the army? Previously and now There is an opinion that during the USSR, even citizens with suspended sentences were not subject to conscription, but was this really so? In the same construction battalion served not only former criminals convicted of “hooliganism” or petty theft, but also persons who had committed a more serious crime. Of course, the path to the elite troops was closed to such a contingent, but the reformed citizens served the Fatherland well, although service in the construction battalion was considered the most unprestigious.

With what criminal record can they be taken into service?

The question “whether someone with a criminal record can be accepted into the army” is relevant not only for conscripts seeking to obtain exemption from service, but also for those who want to join the ranks of the Russian army after serving their sentence. It is impossible to give an exact answer as to whether the military registration and enlistment office will be interested in you after the criminal record has been expunged, but until the criminal record loses its force, you will definitely not get into the army.

Criminal record and military service If you have an outstanding criminal record, you can temporarily forget about the army. Paragraph 3 of Article 23 of the Law on Military Duty states that citizens who:

are serving a sentence for a criminal offense;
have an unexpunged or outstanding criminal record;
are under investigation at the time of conscription.

In other words, the military registration and enlistment office will not be able to draft a convicted person into the army.
It doesn’t matter what a person is serving a sentence for: petty theft, drug trafficking or robbery.

Will they be accepted into the army with a criminal record in 2018?

Since the age from 18 to 26 years inclusive is “conscription,” the legislation spells out the specifics of conscription of convicted youths. Let's study the Federal Law "On Military Duty and Military Service."

Attention

Thus, Article 23 of the law clearly states that young men are not subject to conscription into the army:

Those serving sentences in the form of compulsory labor, correctional labor, restriction of freedom, arrest or imprisonment.
Those who have a criminal record that has not been expunged or expunged for committing a crime.
In respect of which an inquiry or preliminary investigation is underway or a criminal case in respect of which has been transferred to court.

When is a criminal record considered expunged? A citizen must serve his sentence to the end and not break the law for a certain time after it - these are the conditions for expunging a criminal record. The length of the so-called probation period depends on how serious the crime the person committed.

Do they take you into the army with a criminal record?

If the convicted person behaves well, the criminal record may be canceled early. That is, as a result, the criminal record is annulled and all its legal consequences disappear.

Next, the citizen enters the category of conscripts and can be drafted into the army to serve on a general basis, if he has no other contraindications for performing military duty. After the removal or expungement of a criminal record, a citizen is subject to spring or autumn conscription.

Important

Currently the service period is 12 months. Is one drafted into the army after a criminal record? A citizen can be drafted into the army, but for this his criminal record must be completely expunged. This means that if a person was convicted in the past under any article, and his conviction is currently expunged, then this will not be an obstacle to service.

Let us note that while serving a suspended sentence, it is not possible for a citizen to be called up for service.

Can they be recruited into the army with a suspended conviction?

Consequently, he can apply to the court with a request for parole, and if it is granted, then the convict gets a chance for parole. In addition, they can be “released from prison” ahead of schedule in the event of an amnesty, or if the president of the country personally petitioned for the release of a particular citizen (which is something of a miracle).

Info

As soon as the criminal record is expunged, you can go repay your debt to your homeland. What articles of the Criminal Code of the Russian Federation can become an obstacle to conscription into the army? According to the law, the military registration and enlistment office does not have the right to conscript a young man with an outstanding criminal record, who has a suspended sentence or a sentence not related to imprisonment (for example, house arrest or correctional, community service), as well as a citizen being in the status of a suspect.

Are they allowed into the army with a criminal record: law, features, rights and rules

If the committed act belongs to the category of crimes, then the reasons for exemption from punishment are prescribed in the articles of the Criminal Code of the Russian Federation. The judge determines the category of the offense and whether the act constitutes a criminal offense.

If a citizen is found guilty, he must be held accountable and serve his sentence, but the judge at this stage of the process has several options. The special part of the Criminal Code of the Russian Federation prescribes a specific punishment of a certain duration for each committed act.

Criminal articles prescribe alternative measures and different sentences depending on the category of the criminal act and its severity. When making a decision, the judge also considers all the circumstances of the act, aggravating or mitigating factors. The judge has the right to sentence the offender to a suspended sentence, that is, to serve a probationary period instead of an actual prison sentence.

Can you join the army with a criminal record?

But that's not true! Exception to the rule Why? Because the Federal Law “On Military Duty” contains some clarifications regarding our question today. After all, no law can be passed if it contradicts the Constitution.

Do they take you into the army with a criminal record? Yes, but with just one small clarification. It must be repaid. That is, if a citizen has ever been tried under any article, this will not be a hindrance. But while serving a sentence, no one will be able to call a person to serve. This is exactly how the law “On Military Duty” works. In principle, there is nothing difficult to understand. Either the criminal record is expunged due to the end of its term, or it is closed ahead of schedule. It is not so important. But as soon as a citizen clears his criminal record, his opportunity to serve in the country’s armed forces is restored. There is no other option.

Are they drafted into the army after a suspended sentence?

Do they take you into the army with a criminal record? The answer is not as simple as it seems. It is necessary to take into account many points and features of Russian legislation in this regard. Legislation What does the law say in this regard? Everything is much more serious than it seems. The point is that if you are wondering whether they are accepted into the army with a criminal record, you will have to turn to Federal laws.

More precisely, to the regulation “On military duty and military service.” This law was adopted back in 1998, on March 28. It is in it that the answer to the question posed to us is indicated.

What exactly does this Federal Law say? According to its text, conscripts with a criminal record cannot be called up to serve in the country's armed forces. But it's not that simple. On the one hand, there is the Federal Law of March 28, 1998, and on the other, the Constitution of the Russian Federation.

It turns out that these two components of Russian legislation contradict each other.
Immediately after expiration of a suspended conviction, a citizen can be drafted into the ranks of the Armed Forces, and if the offense was minor, then the conviction is expunged immediately after the expiration of the suspended sentence, since a probationary period in this case is not provided for by law. This means that the young man must report to the military registration and enlistment office within two weeks in order to register for military service. This procedure can be carried out within a year from the date of expungement of the criminal record. When the conscription campaign begins, the young man can be sure that he will definitely receive a summons.

Early expungement of a criminal record Situations when a convicted person’s criminal record is expunged early are extremely rare, but they do occur. This is possible if a citizen serving a sentence in a penal colony behaves well and does not have any complaints from the colony administration.

For the law, everyone is equal, everyone is required to undergo military service in their lives, with the exception of certain categories of citizens who are not drafted or are given a deferment from conscription. It is worth understanding why conscription into the armed forces of the Russian Federation is carried out.

Conscription and release for family reasons

At the moment of open confrontation and the beginning of hostilities, mobilization will be carried out on a nationwide scale. During mobilization, retired and active military personnel are collected for military operations. Therefore, in peacetime, there is conscription into the armed forces for the purpose of training personnel who will take part in military events. They can be exempt from conscription, but there must be very serious reasons for this.

Whether they take into the army if they are a single mother needs to be considered in more detail. It all depends on some factors:

What condition is the mother in, does she have a disability, is she able to care for herself independently.
Does she have a minor child or other children in her arms?
Can the mother provide for herself or is the son her guardian?
Is the son an only child in the family, did he have an older brother or a father who died while serving in the army.

If the mother is disabled, then there are enough reasons to obtain a legal deferment from service. To do this, the mother needs to write an application to the military commissariat, submit a certificate of disability and an ITU conclusion at the place of conscription. These facts are taken into account when calling in favor of satisfying the mother's demands.

When the mother is able to take care of herself, even if she has a minor relative of the conscript in her arms, everything is decided at the place of conscription in each case separately. If the mother and youngest child are dependent on the eldest son, in this case they may be granted a deferment from conscription into the army.

As for the family where there was a relative, brother or father, who died while performing military duty, the answer is clear. According to the law, citizens whose relative died while serving in the army are exempt from conscription. In this case, it is necessary to seek cancellation of the conscription for the only remaining son. Unless, of course, he has a desire to serve in the army. It is very rare, but there are cases when such families voluntarily express a desire to serve.

Citizens caring for elderly relatives, including retired parents, also have the right not to join the army. In this case, it is considered who supports the elderly parents. If they are completely dependent on their son and he is their breadwinner, then this should be taken into account.

If the parents are completely supported by the state, then the deferment may be denied. We are talking about keeping parents in nursing homes or other government institutions.

At the same time, they pay attention to whether there are other persons who are able to take care of the parents in the absence of their son. It is taken into account whether there are other children or close relatives who can provide this care. If for some reason there are no such persons, then the conscript has every right to consider the issue of granting a deferment from conscription.

If a conscript has only one pensioner mother, then in 2008 changes were made to the law on conscription and now the grounds for granting a deferment, based on this fact alone, are not sufficient. To obtain a deferment, the conditions must be met. If the mother is a pensioner and is on disability, then the issue will already be considered. In other cases this is not enough.

Also, if there is no father in the family, you need to pay attention to whether the conscript has younger relatives in his care. If the mother is not a pensioner and continues her working activity, then there is no deferment. It’s another matter if the son is the breadwinner of the family due to the loss of his father, who died in the line of military duty. Then they may be exempt from conscription altogether. But if there is no father in the family and the mother is not able to take care of her children for some reason, and the conscript is also the breadwinner, then such a conscript should also not be denied a deferment.

Since 2008, a mandatory condition has been introduced, the provision of a certificate from a medical and social examination stating that the mother cannot take care of herself and needs outside help. If the mother only has retirement age, the son will be taken into the army along with everyone else, and there will be no violation of the law in this case.

However, each case is considered separately in accordance with the law of the Russian Federation.

Sufficient grounds for exemption from the army

If a conscript has legal grounds for a deferment from conscription, then he can count on a positive resolution of the issue.

The reasons should be the following:

the mother must be disabled and she cannot do without outside care;
the need for outside care must be supported by documents;
the mother should not be supported by the state, for example in a nursing home;
the mother should not have other older children who, by law, must look after her;
the conscript's father or older brother, who was serving in the military, died.

If these grounds are met, the conscript should contact the military registration and enlistment office and submit the necessary documents:

Certificate of family composition at the place of registration.
Documents on family relationships. A birth certificate will do.
ITU conclusion that the mother needs care.
Documents confirming the death of a relative, if this fact exists.

In this case, the deferment must be granted unconditionally in accordance with the law on military conscription.

In other cases, the reasons for deferment need to be considered on an individual basis. In some cases, it is possible to achieve, if not cancellation of conscription, then at least service in the region of residence. So, you need to know your rights and use them at the time of passing the draft board. And it is better to deal with this issue in advance, since conscription campaigns are carried out quickly and there may not be enough time to prepare any certificates.

The average audience of our readers consists of guys of military age. Their close relatives, often their parents, are also included here. They, realizing the inconsistency of various promotions that guarantee to receive a military ID for money, are trying to do this in a legal way.

If you carefully read the legislative documents accompanying the process of being registered and sent to the army, you can conclude that there is a fairly high degree of probability of receiving an exemption under one of the articles of the Schedule of Diseases. But a certain proportion of those interested really cannot serve for objective reasons. Attempts to independently find answers to questions often only confuse the situation, since the Schedule presents more than a hundred diseases and almost each of them is divided according to the degree of complexity and determines the young man’s different attitude towards the army.

Often young men are faced with a choice after accidentally acquired diseases. For example, he did not think about leaving the army, but a recent injury led to doctors diagnosing a concussion. Given all the implications, it is not difficult to imagine that symptomatic services will be significantly hampered. A reasonable question arises: “Do they enlist in the army after such an injury? Can a young man with a concussion count on a deferment?

The procedure for conducting the examination

Without a medical examination, the military registration and enlistment office cannot send a young man to serve in the army. Firstly, this is a direct violation of the law, and secondly, there is a logical explanation for this. Personnel who do not have health problems should enter the ranks of the armed forces. It is in the interests of the state to send a sick guy to the reserves rather than risk his health or treat him in an army hospital.

The medical commission includes the following specialists:

therapist;
psychiatrist;
dentist;
surgeon.

The competence of the commission has been brought to a high level, so in case of any disease a certain decision will be made. In particularly difficult cases, the young man will be sent for additional examination. If the situation is extremely clear, then he will be assigned one of the possible fitness categories.

Complete exemption from the army regime is provided for by category “B” or “D”. It must be taken into account that the disease may be temporary, but does not allow the conscript to be sent to the army at the moment. Then he is assigned and given a deferment of six months.

What awaits the conscript after the examination?

After the doctors' recommendations, the final decision is made by the commission. But if the guy received a deferment for treatment, then he must subsequently undergo an examination again. With a concussion, the outcome of the examination will depend on the functional changes that have occurred since the injury. It is quite difficult to answer this question independently according to the standard scenario, since such a disease as a concussion cannot be found in the Schedule in an explicit form. But several articles immediately identify possible pathologies caused by injuries, these are disorders of the central nervous system or disorders of its functions.

First of all, doctors will pay attention to the symptoms that appear in the young man. To receive a deferment from the army, you must have a doctor’s note in your medical record about detected hydrocephalus, not of a congenital nature, but of a post-traumatic nature. The severity of the injury is indicated by a skull fracture or the formation of a cyst. Practice knows such cases when severe consequences that do not go away after a long course of treatment, the commission made a decision to assign category “B”. But there is also such an inexorable thing as statistics. It is she who indicates that the citizen will be given a deferment in case of a concussion.

The professionalism of the doctors of the medical commission is usually enough to confirm this diagnosis, although this largely depends on the availability of appropriate equipment. Only critical cases force you to seek help from colleagues to conduct in-patient diagnostics.

You should not operate with the presence of a disease just to get exemption from the army. The patient should first make efforts to eliminate the consequences of the injury, since in some cases the neglected condition can lead to cerebral edema. At the first suspicion, you should contact a medical facility. Firstly, this will protect against undesirable consequences, and secondly, it will help prove the presence of complications during the examination.

A concussion can be recognized by some obvious signs. These include incoherent speech, disorientation in space, lack of coordination, nausea, tinnitus, vomiting and, of course, severe headaches.

As a result, we note that the Schedule of Diseases lists some diseases of the central nervous system associated with injuries. Therefore, concussion can be considered in the context of several articles in Chapter 6, but, unfortunately, not a single article provides for exemption from the army. And it is impossible to speak with certainty about a postponement, since everything depends on the general opinion of expert specialists.

4 years of bachelor's degree plus 2 master's degrees - graduates with higher education receive diplomas at 23–24. There is plenty of time left to serve the Motherland. How to get a deferment?

One of the correct answers is graduate school. If you choose a full-time course of study, it will give you at least 3 additional years (FZ-53). Is this enough to forget about the army on an urgent basis? The law gives unambiguous answers, but does not indicate a clear algorithm for the student’s actions, therefore it is important for every young person to understand the key conditions of deferment.

Upon completion of graduate school, are they drafted into the army?

Postgraduate studies fall under the priority of continuous training of professional personnel - they provide protection from conscription during full-time study. This is the first stage of postgraduate education at which a person can receive an academic degree. That is:

During studies, a graduate student is not called up (3 years). A graduate who has not defended a dissertation and has not reached the age of non-conscription is required to serve.
Upon successful defense, the recipient of a Candidate of Sciences (academic degree) diploma is exempt from military service, but can sign up for a contract or be drafted at will (this is important for lawyers - working in serious institutions requires filling out a military ID card).

Plus one year

Full-time graduate study lasts 3 years - this is a guaranteed period of legal deferment. Additionally, the student can apply for another year to prepare a dissertation. This possibility is determined by the law on military service in Article 23 (clause No. 2). Conditions:

the dissertation has already been written;
documents have been submitted for consideration of the work by the commission;
there is evidence confirming the right to an additional year of deferment (different military registration and enlistment offices accept various confirmations for consideration - in some places the conclusion of the department is sufficient, others require a certificate from the Dissertation Council, minutes of the meeting of the Academic Commission).

Additional deferment is available to prepare for an advanced degree. It is advisable to involve a supervisor to complete it. He will help to convene an extended meeting of the department staff, where a version of the dissertation will be presented.

The Council will review the work for its content, completeness, and relevance. A positive conclusion from the department’s commission means a high probability of deferment. Guarantee of a legally deferred army - an official conclusion based on the results of the preliminary defense.

What age is considered non-conscription?

A defended dissertation is an opportunity not only to further develop in doctoral studies, but also the right to refuse service. According to subparagraph a) of paragraph No. 2 of Art. 23 FZ-53, an academic degree (regulated by RF PP No. 842) gives an indefinite right not to serve.

The same Decree No. 842 and Federal Law-273 on education determines the ability of a student to defend a dissertation at any time (in 2-5-50 years). The candidate's degree is not awarded in case of deferred defense; the question of the army remains open.

For conscripts 27 years old (from the date of execution) this is not critical. Article 22 of Federal Law-53 in paragraph No. 1 clearly states that persons over 27 years of age cannot be urgently conscripted. The rest (finishing graduate school at 25–26) are included in the next draft.

What paths await young people after graduate school?

Despite the importance of the “army issue,” it is impossible to consider the third stage of education only through the prism of the deferment from military service that it provides. The prospects for a candidate of science who happened or didn’t happen are the brightest. Open to him:

leadership positions;
alternative civil service (lawyers, economists);
doctoral studies (further immersion in science).

Lawyers planning a career in the prosecutor's office, court, or the Ministry of Internal Affairs can serve under a contract. Graduates of the Faculty of Economics of our university find jobs as top managers of large international and Russian companies (metropolitan), open their own business, successfully cooperate with the patent office - invent, create, develop key industries.

Many guys are interested in whether citizens with criminal records are accepted into the army. It’s worth saying right away that there are many legal nuances in the answer to this question. Without understanding them, you cannot understand what kind of relationship people who have a criminal record have with the military registration and enlistment office.

Some guys think that they can even get a suspended sentence so as not to go into the army. We warn you that information about a criminal record is recorded in state databases for the entire life of the citizen, and it is impossible to erase this data; this will put an end to work in many organizations, as well as in responsible positions. And you will still have to join the army, more on that below.

Other people are interested in contract service, but have a criminal record in their biography. Do they hire citizens with a criminal record for contract service? It’s also worth saying a few words about this. Let's take a closer look, starting with the definition.

What does "conviction" mean?

Let's first understand what it means to “have a criminal record.” From the word itself it is clear that first there will be a trial. And a person goes to trial after law enforcement agencies have sufficient materials and evidence that the citizen has violated the law. In turn, the citizen can provide the judge with evidence of his innocence.

Having objectively assessed the arguments of each side, the court must make a decision (one of two things): whether the citizen is guilty or innocent. A criminal record is the status of a citizen if the court decided that a person is guilty (committed a criminal offense) and he was sentenced. The punishment can be anything from probation to imprisonment (for example, for those who decide how to avoid the army).

Conscripts with a criminal record

It is sad, but today it is not uncommon for young people under 27 to have a criminal record. Since the age from 18 to 26 years inclusive is “conscription,” the legislation spells out the specifics of conscription of convicted youths. Let's study the Federal Law "On Military Duty and Military Service." Thus, Article 23 of the law clearly states that young men are not subject to conscription into the army:

Those serving sentences in the form of compulsory labor, correctional labor, restriction of freedom, arrest or imprisonment.
Those who have a criminal record that has not been expunged or expunged for committing a crime.
In respect of which an inquiry or preliminary investigation is underway or a criminal case in respect of which has been transferred to court.

When is a criminal record considered expunged?

A citizen must serve his sentence to the end and not break the law for a certain time after it - these are the conditions for expunging a criminal record. The length of the so-called probation period depends on how serious the crime the person committed.

Thus, a criminal record is considered expunged after the following time:

for people with a suspended sentence at the end of this term;
if the punishment is not imprisonment, then a probationary period of 1 year is established;
after a prison term for minor and moderately serious crimes - 3 years;
serious – 6 years;
citizens imprisoned as a result of committing a particularly serious crime must wait 8 years until such a conviction is expunged.

Let's give an example. An 18-year-old young man was convicted and sent to prison for 3 years for a crime of moderate severity. After his release, the young man was 21 years old. From this moment on, a probationary period of 3 years begins for him (determined by the severity of the crime). This means that if the young man is not involved in criminal offenses during these 3 years, then after this time the criminal record will be considered expunged. At this moment, the young man will be 24 years old - this is conscription age; accordingly, at the next draft he is obliged to appear at the military registration and enlistment office to undergo a medical examination and make a decision on conscription, release from service or deferment.

Another example. If, after expiration of the probationary period after imprisonment, the citizen, for example, is 27 years old or older. This age is considered non-conscription by law. In this case, the citizen comes to the military registration and enlistment office, undergoes a medical examination and receives a military ID, regardless of the doctors’ decision (and the category of fitness for military service).

In what cases is a criminal record expunged?

You can have your criminal record expunged before it expires. This can happen after the convicted person makes a request to the court. If the citizen behaves well, the court may accept his request and issue a special court document. This phenomenon occurs extremely rarely.

Also, when an amnesty is announced, if a citizen falls under its scope, this will also be followed by the removal of a criminal record.

Another option described in the legislation is pardon, which is also an unlikely outcome for the convicted person. The power to pardon lies with the highest official of the state.

Contract service with a criminal record

Nowadays, Russian citizens increasingly, at different ages, decide to connect their lives with military service and go to serve under a contract. Federal legislation imposes special requirements on candidates with a criminal record. Part 5 of Article 34 of the federal law says: a contract for military service cannot be concluded with citizens who have served a sentence of imprisonment. Also, the contract is not concluded for all the reasons stated above for conscripts (unexpunged criminal record and others).

Summarize

The question of whether young men with a criminal record are drafted into the army interests many guys. From the above, we conclude that restrictions do occur, but for a certain time. Do they take you into the army with a criminal record? No, until the criminal record is expunged or removed.