A military ID is an important document in the life of every man. Its presentation is required when applying for employment, interacting with banking institutions, obtaining a foreign passport and driver’s license. The registration and issuance of the document is carried out by the military commissariat at the place of registration of the recipient of the military ID.
Young people who have not received a military ID before the age of 27 can count on being issued a certificate in exchange for a military ID. This is also an official document, but its owner is limited in some of his actions.
Legislative regulation
A certificate instead of a military ID is a form that was established in 2014 by the Federal Law “On Military Duty and Military Service.” Based on the law, it is issued to a citizen after turning 27 years of age who has not served in the army and does not have valid reasons for such actions.
Based on Appendix No. 1 to Order No. 495 of the Ministry of Defense of the Russian Federation, a certificate in lieu of a military ID is the main document for the personal military registration of citizens who are in the reserve and have not undergone military service, characterizing their attitude to the performance of military duty.
Until 2014, all citizens who completed military service were issued a military rank. A military ID was also issued to persons who have a limited fitness category or are not suitable for the army at all. At the same time, a corresponding note was made on the form. This point of the law remains unchanged.
Draft dodgers were also given a military license, but only after they had reached 27 years of age. Since 2014, the situation has changed, and persons who have not completed military service are issued a legal document in the form of a certificate. She has a small caveat: we are talking about the phrase “without good reason.”
And although the changes that occurred in the legislation provided those who evaded the army with a legal document, such innovations have a certain number of nuances. It is believed that this form is a confirmation of not being subject to military service and can be regarded as a flaw in the citizen’s personal characteristics.
Also, one of the significant changes in the legislation is the definition of a temporary draft dodger. You can obtain this status if you do not comply with the law and do not appear at the military registration and enlistment office during the start of the conscription campaign, which takes place twice a year - from October 1 and April 1. The absence of a summons is not a valid reason for failure to appear. It is important to understand the law in these cases.
The duty is considered to be:
- Appear for events related to conscription into the army on the agenda of the military registration and enlistment office in accordance with Part 1 of Art. 31 53-FZ.
- In the absence of an invitation, the man has the obligation to receive a summons. This is stated in Part 2 of Art. 31 53-FZ.
Failure to fulfill duties entails administrative responsibility and obtaining the status of a “dodger.”
Results
In the conditions of the modern Russian state, it is extremely difficult for a man to fully realize himself in the absence of a military ID. This document is an essential requirement for successful career advancement and the possibility of visiting other countries, as well as for changing your place of residence. This situation forces every man who has reached the age of 27 to look for ways to solve the problem of not having a military ID. Often this issue is resolved quite simply, but in some situations it is impossible to do without initiating legal proceedings. In this case, it is recommended to contact qualified lawyers who understand all the intricacies of military conscription.
Thanks to the work of lawyers, it is possible to correctly and accurately draw up a complaint addressed to the military commissar if the military registration and enlistment office refuses to issue a military ID card. If necessary, a lawyer will be able to help with drawing up a claim in court to resolve problems related to unlawful actions of military commissariat employees. Such a set of measures, coupled with collecting a package of documents, will help to overcome the bureaucratic machine and get your long-awaited ticket. After all such procedures, the man gets the opportunity to realize all his ideas, which were previously impossible to realize due to problems with the military registration and enlistment office.
Who can get a certificate instead of a military ID?
Obtaining a draft dodger's document threatens those citizens who:
- Throughout the entire conscription age, they did not appear at the military registration and enlistment office without good reason.
- They do not have any diseases that would allow them to avoid military service.
- They do not have reasons specified in the law for deferment.
A man can be issued a certificate instead of a military man, regardless of how many calls he missed without good reason, 1 or 10
What is an army draft dodger's certificate instead of a military ID?
As discussed in detail in the previous material “Who, when, how and why should receive a military ID. What is a white military ID?
- In the daily life of every citizen of the Russian Federation, having a military ID is important
- A military ID may be needed when applying for a job, obtaining a driver’s license, registering at your place of residence, wanting to take out a loan from a bank, obtaining a foreign passport, obtaining a permit to store and carry weapons, and in many other cases.
Possibility to present a military ID:
- significantly simplifies the passage of many bureaucratic procedures in our country for a citizen;
- Therefore, having a military ID is no less important than having a passport of a citizen of the Russian Federation; a military ID can also be used for personal identification.
The registration and issuance of a military ID is carried out by the military registration and enlistment office at the citizen’s place of registration. A citizen who has not received a military ID before the age of 27 can count on being issued a CERTIFICATES INSTEAD OF A MILITARY ID, or as it is also called a DEVDER’S CERTIFICATES.
A certificate instead of a military ID is also an official document, like a military ID, but its holder is significantly limited in some of his rights.
Legislative regulation of registration and issuance of a draft dodger’s certificate instead of a military ID
Until 2014, all citizens who completed military service, including conscripts who completed military service upon conscription, were issued a military ID. A military ID was also issued to conscripts who had a limited category of fitness for military service or were not suitable for military service at all. At the same time, a corresponding note was made on the military ID.
Military registration and enlistment offices also issued military registration and enlistment cards to draft dodgers, but only after the conscripts reached 27 years of age.
However, on December 26, 2014, Order of the Minister of Defense of the Russian Federation dated July 18, 2014 No. 495 “On approval of the Instructions for ensuring the functioning of the military registration system for citizens of the Russian Federation and the procedure for holding reviews and competitions for the best organization of military registration” came into force:
- restricting the rights of those citizens who deliberately avoided conscription for military service;
- from this date, military registration and enlistment offices began to issue such citizens not a military ID card for a soldier, sailor, sergeant, sergeant major, warrant officer and midshipman (red book), but a draft dodger certificate (a certificate instead of a military ID card).
Accordingly, Federal Law No. 445-FZ dated November 28, 2018 introduced clause 5.1 into Article 8 “Organization of Military Registration” of Federal Law No. 53-FZ “On Military Duty and Military Service”:
- 5.1. Citizens registered with the military are issued one of the military registration documents:
certificate of a citizen subject to conscription for military service;
- military ID (temporary certificate issued in place of a military ID);
- certificate instead of a military ID.
In accordance with the Appendix to Form No. 1/U “Procedure for maintaining and storing a certificate in lieu of a military ID” to the said Order of the Minister of Defense of the Russian Federation dated July 18, 2014 No. 495:
- a certificate in lieu of a military ID (a draft dodger's certificate) - is the main document for the personal military registration of citizens who are in the reserve and have not undergone military service, characterizing their attitude to the performance of military duty;
- a certificate form instead of a military ID is a security printing product of level “B”;
- a certificate in lieu of a military ID is issued and issued to citizens of the Russian Federation who have not completed military service by conscription without legal grounds , in accordance with the conclusion of the conscription commission.
Registration of an army draft dodger's certificate instead of a military ID
The procedure for issuing a draft dodger’s certificate instead of a military ID is established by the Appendix to Form No. 1/U “Procedure for maintaining and storing a certificate in lieu of a military ID” to the Order of the Minister of Defense of the Russian Federation dated July 18, 2014 No. 495:
- entries in a draft dodger's certificate in place of a military ID are made only on the basis of supporting documents (passport of a citizen of the Russian Federation, birth certificate, educational document, certificate of assignment of a sports category or sports title);
- entries in all points of the draft dodger's certificate are made in the order determined for the military ID of a soldier, sailor, sergeant, sergeant major, warrant officer and midshipman;
- details “Last name”, “First name”, “Patronymic” and “Date of birth” are filled in based on the entries in the passport of a citizen of the Russian Federation and/or his birth certificate;
- in the detail “Issued by the department of the military registration and enlistment office” the full name of the military registration and enlistment office that issued the certificate in lieu of the military ID is indicated;
- a certificate prepared for issuance in lieu of a military ID is presented to the head of the military registration and enlistment office or a person replacing him, who checks the completeness and correctness of its execution, after which he puts his signature in the appropriate details and an imprint of the official mastic seal.
The procedure for issuing a certificate as a draft dodger from the army instead of a military ID
A certificate form instead of a military ID is a document of strict accountability:
- Military registration and enlistment offices receive certificate forms in exchange for military tickets strictly in the quantities necessary for issuance to citizens.
The issuance of certificates in lieu of a military ID at military registration and enlistment offices is carried out:
- in the manner specified for military ID forms in a separate statement;
- Military registration and enlistment offices, at least once every six months, conduct internal checks on the correctness of the issuance of certificates in place of military tickets by commissions specially appointed for these purposes.
When conscripted for military service upon mobilization of a citizen who is in the reserve and has a certificate instead of a military ID:
- he is issued and issued a military ID in accordance with the established procedure.
Who is recognized by the legislation on conscription and military service as an army draft dodger?
You can obtain the status of an army draft dodger if you do not comply with the legislation on conscription and military service and do not appear at the military registration and enlistment office during the conscription campaign, which takes place twice a year - from October 1 and April 1.
The absence of a summons to the military registration and enlistment office is not a valid reason. |
In accordance with the legislation on conscription and military service, the duty of a conscript is considered to be:
- appear at the time and place specified in the military registration and enlistment office's agenda for a medical examination and professional psychological selection, a meeting of the draft commission or to be sent to a military unit for military service, and also stay at the military registration and enlistment office before the start of military service in accordance with Part 1 of Article 31 “Responsibilities of Citizens, subject to conscription for military service" Federal Law No. 53-FZ "On Military Duty and Military Service";
- conscripts MUST receive summons from the military registration and enlistment office, part 2 of article 31 of the Federal Law No. 53-FZ.
In case of failure to appear without good reason on the basis of a summons from the military registration and enlistment office for events related to conscription, the conscript is considered to be evading military service ( army dodger ) and is held accountable in accordance with the legislation of the Russian Federation.
To whom can the military registration and enlistment office issue a certificate instead of a military ID?
Receiving a draft dodger certificate from the army threatens those conscripts who:
- throughout the entire conscription age, did not appear at the military registration and enlistment office without legally defined valid reasons;
- do not have any diseases that would allow them to avoid military service;
- do not have reasons specified in the law for a deferment from conscription for military service.
Article 7 “Responsibility of citizens and officials for violation of this Federal Law” of Federal Law No. 53-FZ “On Military Duty and Military Service”
The military registration and enlistment office can issue a certificate to a conscript instead of a military ID, regardless of how many calls the conscript has missed without a valid reason.
The procedure for recognizing a conscript as an army draft dodger by the military registration and enlistment office
officially recognized by the military registration and enlistment office as an army draft dodger .
To do this, the military registration and enlistment office must take the following actions:
- when a conscript who has not completed 27 years of military service is enlisted in the reserves, the draft commission of the military registration and enlistment office examines the materials of the conscript’s personal file;
- in the absence of legal grounds for the conscript not to complete military service, members of the conscription commission give an appropriate conclusion.
The conclusion of the draft commission can be issued if the conscript was not called up for military service starting from January 1, 2014, without legal grounds, but was registered with the military and was subject to conscription for military service.
Meeting of the draft commission to consider the issue of illegal evasion of a conscript from military service:
- carried out at least once a month;
- the decision of the draft commission is considered valid if at least 50% of the members of the draft commission are present;
- the decision of the draft commission is made by a majority vote;
- the protocol is signed by the chairman of the commission, as well as by the members present at the voting.
The duties of the chairman of the draft committee include:
- announce the conclusion of the draft commission to the conscript and
- upon application from him, within 5 days, hand over a copy of the conclusion.
Another legal way to notify a conscript about the decision of the draft commission is:
- send a copy of the conclusion by registered mail with notification to the address specified in the conscript’s application;
- send to the address of the conscript’s place of residence or stay available at the military registration and enlistment office.
How can a conscript challenge the decision of the draft commission to issue him a certificate as a draft dodger instead of a military ID?
Conclusion of the draft commission on issuing to the conscript a certificate of draft dodger instead of a military ID:
- can be challenged, like all decisions of government bodies, through an administrative court.
Judicial practice shows that in most cases the courts do not satisfy the claims under consideration, supporting the decision of the military registration and enlistment office.
But each case is individual and there are precedents in which there is a chance to challenge the decision of the military registration and enlistment office:
- Those conscripts who have been recognized as partially unfit for the army by a commission of the military registration and enlistment office have the greatest chance of a positive decision;
- Since modern Russian legislation is not perfect, if there is a competent specialist and compelling arguments, the decision of the draft commission can be annulled.
What information does an army draft dodger's certificate contain instead of a military ID?
Since the draft evader’s certificate has the official form N 1/U, established by Order of the Minister of Defense of the Russian Federation dated July 18, 2014 No. 495 (see figure), then, accordingly, all the data that is written in it is of an approved nature. A certificate instead of a military ID has a front and back side.
The front side of the draft evader's certificate contains:
- place for photography; personal data of the citizen (full name, date of birth); information about the military registration and enlistment office that issued the certificate;
- Section I. General information:
- Place of Birth;
- civil specialties;
- presence of the first sports category or sports title;
- Family status;
education;
- name and decision of the draft commission of the military registration and enlistment office;
category of suitability for military service;
- stock category, accounting group, composition, VUS number, full code designation of the VUS.
The reverse side of the draft dodger's certificate contains:
- Section VI. Notes on the issuance and withdrawal of mobilization orders;
- Section VII. Notes on admission to military registration and removal from military registration;
- Section VIII. Notes on exemption from military duty;
- Section IX. Responsibilities of citizens for military registration - Extract from the Federal Law “On Military Duty and Military Service” and the Regulations on Military Registration;
- space for the personal signature of the holder of the draft evader's certificate.
The draft dodger's certificate is signed by the chairman of the draft commission who issued it. His signature is sealed by the military registration and enlistment office.
Negative consequences of a conscript receiving a draft dodger certificate
The negative consequences of a conscript receiving a certificate instead of a military ID were discussed in detail in the previous material “Who, when, how and why should receive a military ID. What is a white military ID?
The main limitation that a draft dodger’s certificate imposes on its owner:
- this is a refusal of employment in law enforcement agencies, municipal or state authorities;
- it was initially assumed that its owners would not be able to get a government job, but the law was subsequently tightened;
- Now citizens who were hired into the public service before the legislative norm in question came into force are fired from their jobs.
How to prevent receiving a certificate instead of a military ID
If the conscript does not intend to have any restrictions in his subsequent life due to the presence of a draft dodger certificate instead of a military ID, he must:
- visit the military registration and enlistment office in a timely manner before turning 27;
- at the same time, have documentary evidence of a valid reason for exemption from military service;
- draw up an explanatory note outlining the reasons for exemption from military service with the obligatory attachment of evidence.
Military registration and enlistment offices issue certificates instead of a military ID:
- all young people who did not apply for a deferment or were not exempt from military service upon conscription;
- it can be received not only by those conscripts who avoided visiting the military registration and enlistment office, but also by those who did not receive a summons to the military registration and enlistment office and therefore did not undergo conscription procedures.
Often, military registration and enlistment office employees believe that a conscript is obliged to independently, without waiting for an official call to the military registration and enlistment office, receive a summons to conscription events. Lawyers have repeatedly appealed the decisions of military registration and enlistment offices to refuse to issue a military ID, arguing that the conscript should have independently received a summons for a medical examination.
Therefore, if you need help in appealing the draft dodger certificate and obtaining a military ID, you can contact our online consultant.
If you have any questions about the violation of your rights, or you find yourself in a difficult life situation, then an online duty lawyer is ready to advise you on this issue for free.
PRE-CONTRACTION PREPARATION FOR MILITARY SERVICE
The procedure for recognizing a citizen as a draft dodger
To receive a draft dodger's certificate, a citizen must be officially recognized as one. To achieve this, the following activities take place:
- when enlisting citizens who have not completed military service before they reach the age of 27, the conscription commission examines the materials of the conscript’s personal file;
- in the absence of legal grounds for the conscript not to serve, the commission members give an appropriate conclusion.
For reference! A conclusion can be issued if the citizen has not been in the army since January 1, 2014, without legal grounds. But at the same time he was registered with the military and was subject to conscription for military service.
A meeting of the commission to consider the issue of illegal avoidance of military service is held at least once a month. According to the regulations, it is considered eligible if 50% or more members of the draft commission are present.
The conclusion is adopted by a majority vote. On the day of the meeting, an entry is made in the protocol of the commission and the alphabetical book of conscripts.
Issuing tickets to violators
As practice shows, there are very few conscripts with an impeccable history of relations with the military registration and enlistment office. Even if the young man is not a full-fledged draft dodger who hid from summonses or did not appear on them, then he will have “gaps” - periods when there was no deferment or it was not issued correctly. Much depends on the presence of signatures of the person liable for military service on summonses to the commissariat.
In this case, the consequences can be different: from a “dodger’s certificate” instead of a military ID to the initiation of a criminal case if the citizen is wanted. For evading service, the violator may face a fine of up to 200 thousand rubles and even two years behind bars. Real sentences for evading service are rarely given; usually a suspended sentence and a fine are awarded for such a violation.
During the proceedings, a citizen may be required to provide a written explanation as to why he did not appear at the military commissariat, did not receive summonses, and where he has been for the past years. This requirement is illegal.
A citizen has the right to attend a meeting of the commission, present documents and petition for their inclusion in the case.
If the conscript really regularly and maliciously evaded military service, then it is better to involve a qualified lawyer in the procedure for obtaining a military ID. He will provide legal assistance, help you select a list of necessary documents, and advise you on what to talk about at the commission.
How to challenge a decision to extradite
The received decision to issue a certificate to a citizen instead of a military man is being challenged, like all decisions of state border agencies, through the administrative offenses court. From judicial practice it is clear that in most cases the courts do not satisfy the claims under consideration, supporting the decision of the military registration and enlistment office. But each case is individual. There are precedents in which there is a chance to challenge the decision of the commissariat.
Those conscripts who have been declared partially unfit for the army by a military registration and enlistment commission have the greatest chance of a positive decision. Since the law has not yet been improved as much as possible, if there is a competent specialist and compelling arguments, the commission’s decision can be annulled.
Is it possible not to pay a fine?
In some cases, you may be lucky, and then no fine will be imposed: as a rule, military commissariats are not too harsh towards those who do register, even if they miss the three-month deadline. However, this depends solely on the position of the military registration and enlistment office employees, and nothing can be predicted in advance. Perhaps they will limit themselves to a verbal warning, perhaps they will impose a full fine.
In the same case, if a fine is imposed, it is better not to delay its payment. Otherwise, you will have to pay double the amount or prepare for more severe administrative liability - up to and including administrative arrest for 15 days.
What information does the certificate contain?
Since the document has an official form, then, accordingly, all the data that is written in it is of an approved nature.
Draft evasion
These include:
- personal data of the citizen (full name, date of birth);
- information about the military registration and enlistment office where the man was registered;
- suitability category;
- official date of passing the draft board;
- chief of staff data;
- special marks.
The certificate is signed by the chairman of the draft commission who issued it. His signature is sealed with the seal of the institution.
According to Order No. 495 of the Ministry of Defense of the Russian Federation, the Appendix to Form 1 U is characterized by the following features:
- The certificate form externally looks like protected printing products of level “B”.
- The certificate is issued only to citizens of the Russian Federation.
- When conscripted for military service upon mobilization of a person who has a certificate in lieu of a military man, a full ticket is issued and issued in the prescribed manner.
Sample certificate
general information
Every citizen of the Russian Federation liable for military service must have a military registration document. Before being drafted into the armed forces, this is a registration certificate. After completing military service or being declared unfit for health or other reasons, he is issued a military ID.
This is the main document for those liable for military service in our country. It is a small book with a red cover, which contains the most important information related to military registration.
In addition to general information (year and place of birth, full name, education and specialty), it contains the following data:
- information about the citizen’s service;
- verdict of the draft board;
- position and specialty (VUS);
- information about weapons and property assigned to the military personnel;
- data on wounds or concussions, insignia and awards;
- notes on training camps and participation in exercises;
- anthropometric data of a citizen;
- deregistration note;
- mark on taking the oath.
In our country, “military service” is assigned to all citizens liable for military service. It is issued even to women who are registered accordingly. This document is also received by conscripts declared unfit for service due to health reasons. “Military” is given to citizens who have passed the department during the training period.
In Russia there are two types of military cards:
- for soldiers, sergeants, foremen, warrant officers and midshipmen;
- for reserve officers.
In 2021, plans were announced to make an electronic ticket.
What restrictions does it impose?
The occurrence of possible problems when obtaining a certificate instead of a military ID largely depends on the personal plans of the citizen. Let's consider what restrictions a man can expect in life.
Since the law imposes certain obligations on enterprises regarding military registration, when applying for employment it will be mandatory to present a military member or a certificate issued in exchange for one.
Perhaps in some organizations, having a certificate will suit the employer, but it is definitely impossible to get a job without a military member in such institutions:
- In security and law enforcement units subordinate to the Ministry of Emergency Situations and the FSB.
- Running for city government or the State Duma is prohibited.
- According to Federal Law No. 192 of July 14, 2021, persons with a certificate cannot perform work in the civil service for ten years.
It is important! Revealing the fact that a citizen is employed with a certificate in the listed organizations has consequences for both parties and will serve as a reason for punishment of the person who hired him and for the immediate dismissal of this employee.
As for obtaining a driver’s license or a weapons license, having a certificate instead of a military ID is not an obstacle to these processes.
Civil service and work in law enforcement agencies
In this case, it is already clear that when a person works in law enforcement agencies, he must have a military ID, in addition, it must contain marks of the highest grades of fitness (“A” and “B”) and a record of successful completion of urgent services.
It will be extremely difficult for men who do not have a certificate to enter the ranks of civil servants. Even if a person did not undergo military service due to unfitness, a ticket will still be required. This is due to the fact that the presence of the document guarantees that the candidate for the position will fulfill all duties related to the procedure for passing through the military registration and enlistment office. Without a military record book, it is impossible to get a job as an employee in the antimonopoly service, prosecutors, the Federal Bailiff Service and other positions within the Ministry of Internal Affairs.
The influence of the certificate on obtaining a foreign passport
When applying for a foreign passport, there is an item in the list of documents - “certificate f32”. Providing this form is an obligation exclusively for men under 27 years of age.
The document is used as evidence that the state does not have any claims against the citizen regarding the performance of civic duty to the homeland.
That is, the provision of a certificate is mandatory for those men of military age who, for one reason or another, have not received a military ID.
If a citizen does not present a military ID or F32 certificate, then they do not have to count on obtaining a foreign passport. Moreover, a man, if appropriate circumstances exist, may be brought to administrative or criminal liability.
Certificate from the military registration and enlistment office for international passport F32
General concepts
A temporary military ID is valid until a permanent military ID is issued and is issued exclusively to residents of the Russian Federation. A temporary military ID determines the rights and responsibilities of a serviceman.
An entry in a temporary certificate is made on the basis of documents that confirm the person’s identity - a Russian Federation resident’s passport, a diploma of graduation from an educational institution, a birth certificate and others. In certain cases, data can be entered into the certificate according to the citizen.
The document is issued only after checking the authenticity of the documents that prove the citizen’s identity, on the basis of an application requesting the issuance of a temporary military ID.
How to prevent getting
If a young man does not intend to have any restrictions in his life due to having a certificate instead of a military man, he needs to:
- visit the district military registration and enlistment office in a timely manner before turning 27 years old. At the same time, have documentary evidence of a valid reason for exemption from service;
- draw up an explanatory note outlining the essence of the situation that has arisen with the obligatory attachment of evidence.
In general, a “dodger’s certificate” may not have any impact on a person’s life. But this confidence only applies to the present, since it is unknown what changes to legislation will be adopted in the future or how the path of life may change at any time.
Help or book?
Naturally, it is impossible for a draft dodger to legally obtain a military ID after his 27th birthday. A man can write applications to change the commission’s verdict, but, in fact, the person deliberately avoided fulfilling his civic duty, in this situation no one will compromise with him.
Many problems are caused by the situation when a citizen did not serve in the army without grounds for a temporary deferment or complete release, but he did not violate the law and order. Today there are quite a large number of guys who find themselves in such an unpleasant situation. This category includes persons to whom the military commissariat employees forgot to send a notice of conscription.
According to the law, the young man is obliged to go to the executive body after receiving the summons in person. This means that the young man, on his own initiative, may not remind himself. Often, these people, instead of a military record book, are also issued a certificate, but it is recommended to solve this problem with the help of an application to the competent authorities.
The first step is to write a paper with claims to the military commissar of the region or region. If this is not enough to obtain a military ID after 27 years of age, even if there is evidence that the person liable for military service was not sent a notice of conscription due to the inattention of the military registration and enlistment office employees, the next step will be a lawsuit in the judicial authorities. Victory in court gives the man the right to issue a military ID according to the standard scheme.