In our country, exemption from military service appeared in the 18th century. Catherine II allowed the Mennonite religious community to work as firefighters, foresters and craftsmen in the naval department instead of army service, that is, the Russian Empire was the first state education, which allowed its subjects to refuse military service.

ALTERNATIVE CIVIL SERVICE
in questions and answers

Alternative service - What is this?

Alternative civil service is a legal (legal) opportunity to refuse conscription service, replacing it with regular work in the civilian sphere or in a military unit, but not as military man, but as an employee. This service, like any other work activity, regulated not by the charter, but by the labor code, that is, during alternative service, wages are paid to the employee spread all social guarantees, including paid leave.

Who can count on a replacement for military service? alternative civil?

Any young person can choose alternative service if he:
- believes that the army contradicts his inner beliefs or religious principles;
- is a representative of a small indigenous ethnic group, while leading a traditional way of life for this people, including traditional farming and traditional fishing.
The law does not specify what exactly the beliefs should be. Usually these are anti-war, political, peacekeeping, philosophical, moral, ethical beliefs, or their complementary combination . Therefore, not only believers of any denomination have a chance for alternative service, but also any young person if he wants to benefit society through peaceful work.

How long should you serve?

1 year 9 months - “in civilian life”
1 year 6 months - as civilian personnel in military units.
During service provided two vacations.

How to get to alternative service?

You must write a statement justifying your desire to pass AGS instead of the army one and submit it to the department of the military registration and enlistment office where you are registered. An autobiography and a reference from your place of work or study must be attached to your application.

What is the deadline for submitting an application for alternative service?

Art. 11 Federal Law " About AGS» defines the following terms:
- until 1 Oct. - if you have to be drafted in the spring of next year;
- until April 1 - if you have to be drafted in the fall of the current year.

There are exceptions to every rule. Young people who are taking advantage of a deferment, which should end after the end of the next conscription, but the grounds for deferment have disappeared ahead of schedule, can write an application within 10 days from the date the grounds for deferment ceased.
For example, if you are a student and took advantage of a deferment for studying, but for any reason were expelled from the university, then you have 10 days to submit an application for alternative service to the military registration and enlistment office from the moment the Rector orders the expulsion.

It is important to comply with the deadlines for submitting an application, because... draft commissions are very fond of making refusal decisions due to untimely filing an application, although draft commissions have the right to recognize missed deadlines as valid.

Constitutional The court of the Russian Federation indicated back in 2006 that these terms are not final, and are necessary for the convenience of the authorities involved in organizing alternative service, and not in order to deprive a citizen of his right to replace army service with alternative service (definition of the Constitutional Court of the Russian Federation dated 17 October 2006 N 447-O)

You can refer to this definition both in the draft commission and, if necessary, in the courts.
What to do if the draft commission refused to replace army service with an alternative one?
Such a decision can be appealed in court. At the same time, the implementation of the decision suspended until the court decision comes into force.

Can an Orthodox Christian replace military service with ACS?

Yes, since this right is individual, not collective. Even if the Russian Orthodox Church welcomes military service, you may have your own personal, individual views.

Is it necessary to provide certificates of membership in any religious or anti-war organization?

No. Article 11 of the Federal Law on AGS provides an exhaustive list of required documents: application, autobiography and characteristics. You can attach other documents as you wish. (Article 11 of the Federal Law on AGS).

Do you need to prove your beliefs?

Beliefs cannot be proven, in principle. The law says that it is necessary to justify, and not prove, your desire to replace army service with an alternative one. If the application deadlines are met, then it is difficult for draft commissions to legally deny your right. It is not you who must prove that you have convictions, but the draft commission that you do not have them (see Article 12 of the Federal Law on the ACS).

I am not fit for military service due to health reasons. Can I be called up for alternative service?

A conscript who, for health reasons, is not fit for military service is also not fit for alternative service, but, according to the law on the ACS, he must undergo medical examination. examination is necessary only after a decision has been made on the application (see Article 10 of the Federal Law on AGS)
Call for medical assistance. examination before making a decision on the application is illegal!

How can I find out where I am being sent for alternative service?

The corresponding list of organizations and professions is approved annually by order of the Ministry of Labor and Social Protection and published on the department’s website.
Now the list of specialties is very extensive. Young people serve in medical institutions, construction sites, factories, foresters, and libraries. In Moscow, the overwhelming majority work in post offices. There are even such exotic duty stations as weather stations, the Ministry of Emergency Situations, circuses, and theaters.
When making a referral, education, work experience, health status, family and children must be taken into account.

What restrictions are imposed on a citizen performing alternative service?

In addition to the duties specified in the Labor Code:

You cannot, on your own initiative, refuse to conclude an employment contract or terminate it.
- occupy leadership positions;
- it is prohibited to participate in strikes;
- you cannot earn extra money elsewhere;
- you cannot engage in business in any form, directly or indirectly;
- without the consent of management, leave the locality in which he works.

What advantages does a passing AGS have as opposed to a soldier?

Receives a salary;
- is on duty not around the clock, but only during working hours, i.e. no more than 40 hours per week.
- unlike a soldier, he has the right to education - through correspondence or evening classes.
- freedom of movement is limited not by the territory of the military unit, but by the locality in which the service takes place.

What kind of relationship does one have with the military registration and enlistment office after completing civil service?

Enrollment takes place in the reserves, but those who have completed alternative service cannot be called up for military training.

Alternative civil service is a special type of labor activity in the interests of society and the state, carried out by citizens in exchange for conscript military service.

Russia was the first state in the world to introduce the institution of alternative service. Exemption from military service for religious reasons began to be practiced in our country back in the 18th century. In 1762 -1763 At the invitation of Catherine II, Protestant Mennonites, convinced pacifists who preached the renunciation of any oaths (including the oath) and military service, moved to Russia from Prussia. In 1787, by imperial decree, the Mennonites were granted a benefit - exemption from military service.

The introduction of universal military service in Russia in 1874 caused mass refusals from military service, especially on the part of representatives of a number of faiths, primarily Protestant. According to the new decree, all benefits were canceled, which led to emigration on an unprecedented scale. As a result, the tsarist government was forced to compromise. Changes were made to the Charter on Military Service, according to which Mennonites who settled in the Russian Empire before January 1874 could serve their terms of compulsory service in non-military commands (without carrying weapons). Thus, they became the first “alternatives” in the history of the state, which fulfilled certain obligations for their maintenance: allocated funds to pay daily wages to workers, to treat workers in military institutions, to pay for apartments and utilities, as well as for equipment and repair of workshops.

“Obligated workers”—as the first “alternative workers” were called—were formally subject to all the rules of conscription for military service, which were regulated by military administrative legislation. Work evasion was punishable under military criminal law.

Subsequently, benefits for exemption from military service were granted to the Doukhobors, Molokans and followers of other sects.

However, refusals from military service occurred not only for religious reasons. In particular, in October 1876, the Moskovskie Vedomosti newspaper reported on the massive refusal of exiled Ural Cossacks to serve in the army. There were cases of refusal in other social strata.

After 1917, Russia became one of the first countries to recognize the right of its citizens to conscientious objection to military service.

On January 4, 1919, a decree was issued “On exemption from military service for religious reasons”. According to this document, citizens whose faith did not allow them to hold weapons in their hands could perform alternative service in hospitals or engage in other socially useful work, and also provided for the possibility of complete exemption from military service. The 1919 decree became the first legislative act of the Soviet Republic in this direction. By accepting it, Russia has earned positive reviews from the world community.

In the summer of 1923 it was adopted Civil Procedure Code of the RSFSR, which contained a special chapter - "On exemption from military service for religious reasons" regulating the procedure for judicial proceedings on this issue. Forensic experts carefully determined whether a person actually held religious views that could exempt him from military service, as well as what kind of alternative work to assign.

In January 1925, the Law appeared "On compulsory military service." The circle of persons who had the right to refuse military service was significantly narrowed. Complete exemption of conscripts from military service, as was previously the case, was excluded.

The Institute of Alternative Service existed in the USSR until 1939. And only towards the end of the 20th century. Russia has returned to this issue again.

In 1993, the Constitution of the Russian Federation, adopted by popular vote, enshrined the right of citizens to replace military service with alternative civilian service (Article 59, paragraph 3). And in the same 1993, the first “alternatives” appeared in Russia, albeit German ones. They cared for elderly people - victims of Stalin's repressions.

In the concept " alternative civil service"(AGS) has two main goals: constitutional protection of the rights of citizens and ensuring a decent existence for socially vulnerable segments of the population.

The legal basis for alternative service is, as mentioned above, the Constitution of the Russian Federation, federal constitutional laws, the main one of which is the Federal Law “On Alternative Civil Service” No. 113 FZ of July 25, 2002, other legal acts of the Russian Federation, generally accepted principles and norms of international law and international treaties of the Russian Federation.

The Federal Law of July 25, 2002 states that the right to replace military service upon conscription with alternative civilian service admits:

if military service contradicts the citizen’s beliefs or religion;

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

Male citizens aged 18 to 27 who are not in the reserves can be sent to alternative civil service. At the same time, they must have the right to replace military conscription service with alternative civilian service (see above).

These persons must personally submit an application to the military commissariat about their desire to replace military conscription service with an alternative civilian one. In relation to these persons, an appropriate decision is made by the draft commission of the district, or a city without district division, or another municipal entity.

Citizens who, in accordance with the Federal Law “On Military responsibilities and military service" have grounds for exemption from conscription, are not subject to conscription, or have grounds for granting a deferment from conscription for military service.

In his application, the citizen must indicate the reasons and circumstances that prompted him to apply for a replacement, and justify that performing military service is contrary to his beliefs or religion.

An autobiography and a reference from the citizen’s place of work/study are attached to the application. To prove his arguments, a citizen can attach other documents to the application, as well as indicate persons who agree to support it.

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

The application is considered at a meeting of the draft commission only in the presence of its submitter. The citizen is notified in advance of the time and place of the meeting of the draft commission.

The law states that the draft commission considers a citizen’s arguments that military service is contrary to his beliefs or religion on the following grounds:

speeches at a meeting of the draft commission of a citizen, as well as persons who agreed to confirm the authenticity of his arguments;

analysis of documents submitted by a citizen;

analysis of additional materials received by the draft commission.

Based on the results of consideration of the application, the conscription commission issues a conclusion on replacing military conscription service with an alternative civilian service or makes a reasoned decision on refusal.

The commission's conclusion must be issued within one month from the date of expiration of the deadline for submitting an application to the military commissariat. If it is necessary for the draft commission to request additional materials, the period for issuing an opinion may be extended by the chairman of the draft commission, but not more than for one month.

The decision is made by a simple majority of votes with the participation of at least two-thirds of the members of the draft commission at the meeting and is announced to the citizen in respect of whom it was made. The citizen is given a copy of the conclusion within three days.

A citizen may be denied in replacing conscript military service with alternative civilian service in cases where:

he violated the deadline or procedure for filing an application;

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

the application for the replacement of conscription military service with an alternative civilian service and the documents attached to it contain deliberately false information;

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

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

Valid reasons for failure to attend a meeting of the draft commission (subject to documentary evidence of the reasons for failure to appear) are:

illnesses or injuries (injuries) associated with loss of ability to work

serious health condition of close relatives (father, mother, wife, children, brother, sister, grandfather, grandmother or adoptive parent) or participation in the funeral of these persons;

an obstacle arising as a result of force majeure, or other circumstances beyond the control of the citizen.

The draft commission may recognize other reasons as valid. A citizen can challenge the commission's decisions in court.

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

In addition to the above conditions, the referral of citizens to alternative civil service includes:

attendance at a medical examination and at a meeting of the draft commission to make a decision on assignment to alternative civilian service;

reporting to the military commissariat and receiving an order indicating the place of alternative civilian service.

Citizens are summoned to events related to assignment to alternative civilian service by summons from the military commissariat. The referral of citizens to alternative civilian service is organized by the head of the local government body together with the military commissar and carried out by the draft commission.

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

A citizen sent to alternative civilian service is obliged to appear at the military commissariat within the time specified in the summons and receive, against receipt, an order to leave for the place of service.

The employer to whom the citizen arrives is obliged to conclude a fixed-term employment contract with him for the period of alternative civilian service and, within three days, notify the military commissariat, as well as the federal executive body or the executive body of the constituent entity of the Russian Federation to which the organization is subordinate.

The labor activity of citizens undergoing alternative civil service is determined by the Labor Code of the Russian Federation, taking into account the features provided for in the Law “On Alternative Service”.

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

A citizen performing alternative service is granted leave in the manner established by the Labor Code of the Russian Federation. The duration of annual paid leave and possible unpaid leave is increased by the number of calendar days required to travel to and from the place where the leave is taken.

The law determines the timing of alternative civil service. According to paragraph 1 of Article 5, the period of alternative service exceeds that established by the Federal Law “On Military Duty and Military Service” (from January 1, 2008 - one year) by 1.75 times, if the service takes place in civilian institutions, and according to paragraph 2 of Article 5 - 1.5 times if the service takes place in organizations of the Armed Forces of the Russian Federation, other troops, military formations and bodies. Currently (since January 1, 2008) it is 21 months and 18 months, respectively.

As a rule, service takes place outside the territory of permanent residence of citizens serving (extraterritorial principle).

Questions for self-control

1. Define alternative civil service.

2. What are the historical traditions of organizing an alternative civil service in Russia?

3. What constitutes the legal basis for the alternative civil service in Russia?

4. Who has the right to perform alternative civil service?

5. In what cases can alternative civilian service be denied?

6. What is the procedure for performing alternative civil service?

What are the terms of alternative civil service?

Alternative civil service in Russia: how to legally “opt out” from the army

It is no secret that military service is not particularly popular among modern Russian youth, and there are many reasons for this. This is a rejection of strict discipline, and a fear of hazing, and a banal reluctance to “spend” an entire year of a precious young life on the army. Conscripts go to all sorts of tricks in the hope of escaping the tenacious embrace of their native Ministry of Defense: they hand out bribes, “draw” terrible diagnoses, or hide for years from summonses from military registration and enlistment offices and the police.

But there is another way to avoid barracks and military drill. It is completely legal and gives a young person the opportunity to benefit society - this is alternative civil service (ACS).

The federal law on alternative service was adopted in 2002, a year later a presidential decree was issued containing a list of vacancies and organizations where those wishing to undergo the ACS would be sent. Initially, the law was adopted for those who do not want to serve in the army for ethical and religious reasons, especially since such a right is spelled out in the Constitution of the Russian Federation. Today, almost any conscript can do alternative service.

It can be added that alternative service is a common practice worldwide. Now it is in Finland, Norway, Denmark, Switzerland and even in such a militarized country as Israel. For several decades, the AGS existed in Germany and France - it went into oblivion along with the conscript army.

They say different things about AGS: some praise it, others are critical. Many people do not know about the existence of an alternative to emergency service, because there is little information about it, but myths are very common, which are often broadcast even by the central media. As statistics show, alternative civil service in the Russian Federation is not particularly popular - less than one percent of young people of military age choose it.

General definition and description

Alternative service is a special type of work activity that a citizen can choose instead of military service. Young people who are medically fit for conscription into the army can work in civilian government agencies and even receive wages.

Basic principles of AGS in Russia:

• Alternative service must take place outside the subject of the Russian Federation from where the citizen was drafted. Usually this rule does not apply - more than 60% of citizens (as of 2018) undergo AGS at their place of residence. The place of passage and type of activity is determined by the employment service;
• You can take the AGS only at enterprises or institutions of state ownership;
• A person who has chosen an AGS does not have the right to terminate an employment contract on his own initiative; he cannot participate in strikes, earn extra money on the side, or work anywhere else;
• “Alternatives” are not allowed to hold leadership positions, avoid performing direct duties, or leave the workplace. Absence from work without a valid reason is considered absenteeism and is not counted towards the ACS period;
• Conscripts from small indigenous peoples usually perform alternative service in economic entities of traditional industries and crafts;
• The length of stay in the ACS exceeds the time of service in the armed forces.

All other issues are regulated by the provisions of the Labor Code. These include: work time and payment, the rights and obligations of the citizen, as well as his employer, dispute resolution, etc. In essence, the ACS is not much different from ordinary “civil” labor activity.

After completing alternative service, the citizen is transferred to the reserve and receives a regular military ID. It will even indicate the military specialty (military specialty), but a citizen who has passed the ACS will not be called up for regular training.

Who can apply for alternative service

Any citizen of our country has the right to refuse military service and benefit the Motherland through peaceful labor. The law provides for two reasons under which a conscript can choose an ACS:

• If military service conflicts with his ethical or religious beliefs;
• The conscript belongs to a small people who lead a traditional economy.

To get into alternative service, a citizen does not have to be a member of a religious organization for many years or prepare for a career as a clergyman. It is enough at a meeting of the draft commission - it makes a similar decision - to coherently and reasonably justify why military service contradicts his ethical convictions. According to current legislation, the conscript does not need to prove anything, he must only report the decision in a special statement.

With representatives of indigenous peoples the situation is even simpler. As a rule, they live compactly in remote areas of Siberia and the Far East and engage in traditional farming. To perform alternative service, representatives of these peoples only need to submit a document at their place of “registration” within the period established by law.

Legal basis of alternative service in Russia

The main legal basis for alternative service in our country is the Constitution of the Russian Federation. Article 59 of the Basic Law talks about the procedure for performing military service, and its third part states that civilians have the right to go to the ACS. It can be added that the right to alternative service is a global practice that has long been recognized at the international level.

On June 25, 2002, after much debate and discussion, the Law “On Alternative Civil Service” was adopted. It is this that is the main legal document that regulates who can undergo AGS and how. In 2003, a presidential decree was signed on the organization of alternative service. There is also an order of the Ministry of Labor, which lists positions, specialties and professions for “alternative workers”.

A young person who is thinking about the ACS would do well to familiarize himself with the Criminal Code to learn about liability for evading alternative service. There are also internal documents adopted on this issue in various ministries and institutions. All this speaks of the seriousness of the state’s approach to organizing alternative service.

How long do you need to serve in the ACS?

“Alternatives” serve longer than their peers drafted into the armed forces. This fact can be called one of the main disadvantages of AGS. Initially, the service period was almost four years, but after changes in 2008 it was reduced to 21 months, and for young people serving in military organizations - to 18.

The AGS period does not include:

• the time of serving the arrest after committing an administrative or criminal crime;
• periods of additional leave that are provided to employees to obtain education;
• Holiday to care for the child;
• time of suspension from work due to drug, alcohol or other intoxication.

Alternative service begins on the day of the citizen’s departure to the place of its passage, which is indicated in the order of the military registration and enlistment office. Its completion is considered the date of expiration of the employment contract with the employer.

AGS also has its advantages: any “alternative” worker has two legal vacations and weekends a year, which he can use at his personal discretion. So the actual period of stay on the ACS is one year and four months. If a citizen is sent to serve in another city, then his transportation expenses during vacation are paid by the state. Citizens performing civil service have the opportunity to receive sick leave.

Who will have to serve

A conscript entering alternative service cannot choose his future place of work - one of the main features of the ACS. True, before distribution you must report your knowledge, skills, abilities and preferences to Rostrud, however, as practice shows, these data are not always taken into account. So there may be many employment options.

Conscripts already have a stereotype: in alternative service they will have to empty chamber pots or clean toilets in social institutions. Indeed, you may well find yourself working as an orderly, a cleaner, or a doctor in a community hospital or nursing home. But in fact, the choice is much wider: the list of professions for alternative service in the army in 2018 in Russia consisted of 114 vacancies. In 2017 there were 104 of them.

Construction specialties are almost always needed: masons, welders, electricians and general workers. Traditionally, drivers, loaders, plumbers, cooks, mechanics, and gardeners are in demand. Young people in alternative service are often sent to forestry, road service, they work as firefighters, librarians, and attendants at meteorological stations.

In recent years, the real leader in the number of vacancies for AGS is Russian Post. According to statistics, about 60% of “alternatives” have no specialties at all, 15% of conscripts have professions that are not needed by employers.

Citizens serving in alternative service may be sent to eliminate the consequences of fires, floods or other natural disasters on the territory of the Russian Federation. There are even more exotic vacancies: caring for animals in a zoo or circus. You can get on the technical staff at a plant or factory.

A citizen who chooses alternative service can be sent to any corner of our vast Motherland. But due to the chronic shortage of housing, AGS usually take place at the place of registration. In this case, you will live at home and go to work every day, and then you can do whatever you want.

How much do they get for AGS?

It is clear that “alternative workers” occupy vacancies that civilian specialists refused due to low wages or difficult working conditions. The unsatisfactory level of payment is one of the main disadvantages of the AGS. Citizens in alternative service receive from four to twenty thousand rubles.

The average salary is approximately 10 thousand rubles per month. It’s difficult to live on that kind of money, especially since, unlike in the army, you have to buy food at your own expense. If for an eighteen-year-old guy such an amount may still be acceptable, then for a former student who recently graduated from a university, it is clearly insufficient.

A citizen employed by the ACS must be paid the same amount as “civilian” employees in a similar position receive. This is a legal requirement. If you are appointed as a doctor in a clinic, your salary should be no less than that of your colleague with the same qualifications and experience.

“Alternatives” have the right to receive higher education in absentia while serving. True, AGS is unlikely to help you make a career or give you skills useful in later life. Today, conscripts undergoing alternative service are usually sent to places where no one else wants to work. Therefore, the question of where there is more hopelessness - in the army or in the ACS - does not have a clear answer.

How to get to alternative service

The law clearly outlines what needs to be done to replace regular conscript service with an alternative one. The procedure is quite simple. A conscript who has made such a decision must personally write an application and submit it to the district commissariat. In the text, he must indicate the reasons and motives that prompted him to make such a choice. You can easily find the correct example of filling out such a document on the Internet.

If you refuse military service for religious reasons, then the document should list people who can confirm your words. These could be friends, relatives or just acquaintances. The application must be accompanied by an autobiography, as well as a reference issued at the place of work or study. Then the papers must be taken to the military registration and enlistment office where you are registered with the military. The application must be submitted in two copies: on the second, the commissariat employees must mark the acceptance of the document.

It is important to submit documents within the legal deadlines - they should be submitted six months before the draft to which you are subject. If you will be drafted into the army in the fall, then the application must be submitted before April 1, and in the case of spring conscription, all formalities must be completed before October 1.

An application to replace military service with an alternative one is considered at a meeting of the draft commission, which must take place no later than a month after the start of conscription. A citizen applying for an AGS must personally attend it, therefore he is notified in advance of the date, time and place of the event.

The commission hears the conscript, considers his arguments, gives the floor to people who agree to confirm the veracity of the information contained in the application. According to the law, the draft commission has one month to make a decision, after which it either makes a decision on replacing the conscript service with the ACS, or refuses to satisfy this petition.

The most common reason for refusal is late submission of the application. This approach should not be considered empty formalism: time limits for filing applications were introduced into the law for a reason. Six months between submitting an application and being called up for alternative service allows enterprises and institutions to create a database of vacancies for those wishing to undergo the ACS, and the employment service to find suitable jobs for them in this list.

But a late application does not mean a final refusal: your documents must be accepted and reviewed. Only the draft commission has the right to refuse to undergo the ACS, including on the basis of violation of deadlines. If the delay is caused by valid reasons, then the issue is considered in the general manner.

If the draft commission still did not accept your application due to its late submission, then this decision can be appealed in court. There has already been a case in recent Russian history when a case of refusing a conscript to perform alternative service reached the Constitutional Court.

Possible reasons for refusal to pass the AGS

The law provides only five main reasons why a conscript may be denied alternative service:

• Violation of the application deadline. This reason is the most common, and it has already been discussed in detail above;
• Inconsistency between the information provided by the conscript in the application and the real state of affairs. For example, a citizen tells the commission that he is a pacifist and is not subject to conscription into the army - he is disgusted to take up arms. But during the consideration of his case, it turns out that he has been a member of the shooting club for many years. Or a citizen declares his opposition to violence, and then it becomes known that he has a rank in boxing or a black belt in karate. Such a decision must be motivated and based on real facts established by the draft commission;
• Knowingly false information in the application or in documents attached to it;
• Failure to appear at two meetings of the draft commission on the issue of replacing the military service of the ACS without good reason. To receive a refusal to perform alternative service, a conscript must fail to appear at meetings on his issue twice;
• A citizen may be denied the ACS if he already had the opportunity to undergo alternative service, but avoided it.

Denial of the right to perform alternative service for any of the above reasons can be appealed in court.

History of alternative service

The history of mankind is a real series of bloody wars and armed conflicts. At all times, there have been people who do not accept violence and reject the possibility of taking the lives of their own kind. As a rule, such views were based on religious beliefs. Almost always, the attitude of the authorities towards such manifestations of pacifism was sharply negative: those who did not want to fight were persecuted, demoted in status, deprived of civil rights, and sometimes executed.

Alternative service before the revolution

In European history, cases of refusals to bear arms have been known since the first centuries of Christianity. We know the names of Romans who were executed for refusing military service. In Russia, similar precedents have been known since approximately the 18th century: Old Believers, Doukhobors, and Molokans did not want to join the army.

In our country, the right to refuse military service for religious reasons was first recognized by the state in the 18th century, during the reign of Catherine II. At the invitation of the Empress, the mass migration of Mennonites to Russia began - representatives of one of the movements of Protestantism. Mennonites were not only convinced pacifists, they denied the possibility of taking any oaths, including the military oath. Catherine believed that attracting these hardworking and law-abiding people would benefit the state and granted them the right not to serve in the army. But this was an exclusive privilege, valid in relation to a very limited group of citizens: during the same historical period, Doukhobors were brutally persecuted for refusing military service.

The problem worsened after the introduction of universal conscription during the reign of Alexander II. The authorities were faced with a massive refusal to draft into the army on the part of various religious denominations. Among others, the Mennonites, who had long been accustomed to their privileged position, were also targeted. This prompted them to mass immigration - within ten years, about 15 thousand people left Russia. The consequences of the departure of members of this wealthy community from the country forced the government to “turn on the back”: all Mennonites who lived in the country before 1874 were exempted from military service.

In 1880, Mennonites began to be recruited into the army again, but instead of military units, they were assigned to forestry teams, fire brigades, and shipyards. Moreover, the Russian state allocated money to pay for their labor, treatment, and equipment for workshops. In fact, this was the first alternative service in the history of our country.

Mennonites served for four years. Although they were called up by the military department, the organization of their future fate was carried out by the Land Management Department, which was not a structure of the armed forces of the empire. Mennonites were part of work teams that were strictly subordinate to appointed commanders. For misdeeds and crimes they were held accountable under military criminal law.

Civil service in the twentieth century

At the end of the 19th century, morals softened somewhat: in Russia, Doukhobors, Molokans, evangelists, Baptists and representatives of other religious movements began to be exempted from military service. The First World War threw the situation back - the punishment for refusing to serve in the army was execution, although it was usually replaced by lifelong hard labor. The situation was similar in European countries: in France, refuseniks were executed, in Germany and Austria they were imprisoned in psychiatric hospitals.

After the victory of the February Revolution, conscientious objectors were amnestied. Kerensky issued a decree establishing an alternative civil service, but the Provisional Government did not have time to implement it.

Russia is one of three countries that have officially recognized the right of citizens to conscientious objection to military service. This honorary list also includes Great Britain (since 1916) and Denmark (since 1917).

The decision of the Provisional Government on alternative service was implemented by the Bolsheviks, who adopted a special Decree on this matter. This happened at the very beginning of 1919. The document prescribed that refuseniks be used as orderlies or given other work of their choice that did not involve carrying weapons. The decree stated that those who refused military service should preferentially be sent to infectious diseases hospitals. However, getting into alternative service was not easy: this happened only by court decision and after an examination by a special religious council, which decided whether a person was truly a believer.

In the twenties, legislation regarding refusal of military service was tightened: getting into the ACS became much more difficult. The institution of alternative service existed in the Soviet Union until 1939, but this possibility was not spelled out in the new law on conscription.

In 1940, a law providing for religious exemption from military service was passed in the United States. It was replaced by public works. In Hitler's Germany, people who refused military service were shot or sent to concentration camps. This is how many Jehovah's witnesses suffered.

After the end of the war, the possibility of alternative service appeared in most European countries: Germany, France, Belgium.

Post-war period and recent history

The right of a citizen to refuse military service for reasons of conscience was again remembered after the collapse of the Soviet Union. In 1993, it was enshrined in the new Constitution of the Russian Federation. In 1994, the State Duma tried to pass a law on alternative service, which passed the first reading, however, it was later rejected and sent for revision.

The next attempt took place in 1998, but it was also unsuccessful - the draft law on AGS was rejected and sent for revision. At the same time, hundreds of young people across the country refused to serve in the army because of their beliefs. They had to defend their choice in court, which sometimes took months or even years. Organizations such as the Committee of Soldiers' Mothers provided conscientious objectors with all possible assistance.

In 2001, the military submitted its draft law on alternative service to the State Duma. They tried to make the ACS as difficult and unprestigious as possible in order to discourage conscripts from any desire to refuse military service. Somewhat later, an alternative version of the law appeared in parliament, prepared by public organizations and liberal deputies. Throughout 2001, this topic was actively discussed at numerous seminars and round tables in many regions of the country. At the beginning of 2002, the Coalition “For a Democratic ACS” appeared.

Finalization of the law lasted six months. It was adopted and signed by the President on July 25, 2002. The final version of the document can be called a compromise between the projects prepared by military and public activists.

Alternative service in other countries of the world

In France, the law on alternative service was adopted in 1961. This was preceded by a month-long hunger strike by 74-year-old activist and committed pacifist Louis Liquart. His only demand was the introduction of AGS in the country.

Within a few years, alternative service became extremely popular: it allowed young people not only to avoid conscription, but also provided the opportunity to work abroad, as part of various humanitarian missions. The experience made it possible to create a powerful volunteer movement in France, which today actively helps third world countries.

In 1983, the French parliament adopted a law on national service, according to which the period of alternative service was twenty months, and the basis for undergoing the ACS could be any deep convictions. Alternative service in France was abolished in 2001, after the armed forces completely switched to a contract basis.

There is an alternative civil service in almost all Western countries. In Switzerland, young people can not only choose the AGS, but also serve in the army without weapons.

In Spain, the opportunity to perform alternative service appeared only after the death of Franco and the departure of his political force from power. The right to AGS was enshrined in the country's Constitution in 1978, and in 1984 the country's parliament adopted a corresponding law. The Spanish conscripts liked this idea so much that at first there simply weren’t enough vacancies for them. In 1988, the provisions for alternative service were clarified by royal decree. The ACS in the country existed until the abolition of compulsory conscription into the army, which occurred in 2001.

In Italy, the civil service law was adopted in 1972. In 1998 it was supplemented by the law on conscientious objection. The duration of the ACS in this country is ten months, it takes place in public institutions and non-profit organizations.

In Poland, provisions for alternative service first appeared in the defense law adopted in 1988. In 1992, a special law was adopted on the ACS, according to which the period of alternative service is 24 months, it takes place in hospitals, government agencies or public works.

In Germany, the right of citizens to refuse military obligations has been spelled out in the Constitution since 1949. The AGS law was revised several times; in 1995, its term was reduced to 13 months. In the 60s and 70s, alternative service in Germany was part of a general trend in German society to abandon military ideas, generated by the memory of World War II. In the “zero” years, about two-thirds of conscripts chose alternative service instead of traditional military service. In 2011, AGS in Germany became a thing of the past - the Bundeswehr completely switched to a contract basis.

Many German experts stated that conscript service lasted so long in Germany precisely because of the AGS. For a long time, refuseniks occupied a significant share of social vacancies, which no one else agreed to. German “alternatives” worked as orderlies in hospitals, in the rescue service, and in environmental organizations. German laws allowed citizens undergoing ACS to work in other countries as part of humanitarian missions. Moreover, alternative service was held in high esteem in the country: it was believed that it gave a young man work experience, the opportunity for socialization, and provided serious moral education.

In the Scandinavian countries - Norway, Finland and Sweden - conscription still exists today. At the same time, young people can easily replace it with AGS. Despite this, alternative service in these countries is not particularly popular: the percentage of conscripts who refuse to take up arms cannot be compared with Germany or France.

In Switzerland, the law on AGS was adopted in 1996, its implementation period is six months. Military service in this country is considered a prestigious occupation, so there are relatively few “alternatives”. The possibility of serving in the armed forces is provided, but without weapons, if wearing one is contrary to the beliefs of the young man. Citizens who do not want to join the army on principle can choose alternative service. Previously, this required passing a special exam confirming (or refuting) the presence of religious or ethical beliefs against military service. In 2009, this procedure was abolished: now, to select an ACS, the desire of the conscript is sufficient. Young people have the opportunity to do alternative service abroad, but to do this they must meet very serious criteria: have professional education and recommendations, have a high level of command of foreign languages, and have experience working in other countries. According to statistics, only 1% of conscripts meet these requirements.

In Israel, the opportunity to perform alternative service appeared in the mid-70s. Initially, only girls who did not want to join the army for religious reasons received it. Later, Orthodox Jews, Palestinians, and citizens with disabilities received this right. Today, alternative service is more of a special program designed for the social adaptation of repatriates and young people of Arab nationality. It is believed that the ACS performs its task perfectly - citizens who have completed such service have significant success compared to their peers. Young people in alternative service are paid a double soldier's stipend.

Ukraine adopted a law on alternative service in 1991, earlier than Russia and Belarus. True, this document defined rather strict limits: only religious beliefs were recognized as a reason for refusing military service, and only representatives of state-recognized organizations could obtain such a right. Ukraine has repeatedly declared its desire to completely switch to a contract army, and the 2013 conscription was supposed to be the last. However, the events of 2014 postponed this prospect indefinitely.

The right to perform alternative service is enshrined in the constitution of the Republic of Belarus, however, the corresponding law was prepared and adopted only in 2015. According to it, citizens whose religious beliefs do not allow them to take up arms have the right to AGS. The duration of alternative service is 36 months. Citizens with higher education serve 24 months. It can be added that the AGS is not particularly popular in Belarus: at the beginning of 2017, only 13 people took it.

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

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

Reasons for refusal may be the following:

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

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

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

Rules and deadlines for submitting applications and documents

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

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

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

How applications are reviewed

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

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

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

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

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

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

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

Regulatory regulation

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

About general provisions

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

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

Replacement conditions

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

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

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

Conditions for male persons sent to serve

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

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

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

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

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

Place of service

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

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

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

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

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

Life time

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

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

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

Days not counted towards service life

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

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

Service organization

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

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

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