How the military deferment works. New law on military deferment

Military service, considered the duty of every Russian citizen, is defined by law. In particular, the deadlines for conscription are provided, as well as options for their possible change. A postponement or deferment from the army is not considered a complete exemption from service. According to statistics, more than half of potential conscripts join the Armed Forces not upon reaching 18 years of age, but somewhat later. This is due to objective reasons, which are provided for in the Federal Law on military duty and described in a separate article.

The ability to independently assess the likelihood of receiving temporary release is global in nature. Often a young man determines his destiny based on the methods of obtaining continuous education.

This statement also applies to those who deliberately wish to avoid military service. Indeed, to implement this idea, conscripts often model rash, destructive actions for themselves and others, not suspecting that in some cases the state, on a completely legal basis, gives the right to a deferment. And although this is a temporary phenomenon, it can last until the age of 27, after which the conscript is deprived of this status and is considered to be in the reserve.

All official reasons for which the draft period is postponed must be divided into classification groups for the availability of the picture. With the help of this division it will not be difficult to get the answer to any question yourself.

Obtaining a specialty in educational institutions of various levels

Providing a deferment applies to almost every 11th grade student secondary school. After the transition to 11-year education, each graduate who entered 1st grade at the age of 7 reaches adulthood before receiving a certificate. By law he is required to be called up for military service, but this would be the greatest absurdity.

Therefore, the first legal deferment makes it possible to complete education, obtain a certificate, and even go to college. It is valid until October 1, provided that Unified State Examinations will be passed with a positive result.

Students of colleges, schools and technical schools, after changes in legislation that occurred in 2017, have the opportunity to obtain a diploma after continuous education, both on the basis of 9 and 11 years of study.

Please note that previously this opportunity was provided only to citizens with basic education. In addition, the current deferment was limited to the student’s 20th birthday. A graduate of the 11th grade who decided to master vocational education, was awaiting conscription upon turning 18 years old. The introduction of amendments benefited not only young men, but also the state itself, since the ranks of the Armed Forces began to be replenished with certified personnel with a specialty.

It is impossible to enroll in a university after college without completing military service, since this requires. In this case it is not provided. To get it, you need to apply to a higher school after 11th grade. Modern programs higher education somewhat different from traditional ones. The student chooses in advance the level he wants to master. He is given the choice of obtaining a bachelor's or specialist's diploma, both of which provide the opportunity to enroll in a master's program. However, the law on military service has an ambiguous approach to this.

When entering a master's program after receiving a bachelor's degree, the student receives a second official transfer of conscription. However, there are certain nuances here.

A citizen must enroll in a master's program in the year in which he received his bachelor's degree.
Educational institution must be accredited.
Training is conducted full-time.

After the specialty, a master's student will not be deferred from the army.

The next stage in learning. The law is loyal to citizens who decide to pursue postgraduate education. Thus, a graduate student can count on receiving a deferment, which will be valid even if the graduate school is at a completely different university. He will be released not only for the duration of training, but also time for preparation and defense qualifying work. Important Feature is that a citizen can re-enter graduate school and again count on a deferment.

Various family circumstances

Despite the ambiguity of the concept of family circumstances, such an item in the above classification implies only a few very specific situations. When wondering how to avoid service, many draft dodgers try to motivate their goal with this very point. However, this also has its own nuances, so we will present all cases of granting an official deferment in the form of separate paragraphs.

Citizens who care for one of their close relatives are exempt from military service. These are considered brothers or sisters, parents, grandparents. Moreover, it is necessary that the conscript is the only one who is obliged to provide appropriate care, the need for care is documented (ITU conclusion), and the relative does not use state support.
Guardianship of a brother or sister who is under 18 years of age is subject to temporary release from service. Moreover, to obtain a deferment, it is necessary to provide documents proving that no one else except the conscript can be a guardian.
If a citizen raises own child, and the mother of this child is either absent (died or missing) or deprived of parental rights, then there is every reason for a deferment, and in fact, for complete exemption from military service, since when the child reaches adulthood, the citizen will overcome the threshold of conscription age.
An only child in the family will not help avoid the ranks of the Armed Forces, but the birth of a second child or at least an established pregnancy of the wife, the period of which exceeds 25 weeks, is considered good reason, and legalized. It is important to remember that deferment for the birth of children is given even if the first child born of a woman with whom the citizen is not married. As for pregnancy, the relationship with the woman must be legalized.
The only exception where temporary exemption may be granted if there is one child is if the child is declared disabled. This fact must be documented, and then until the age of three, the release will have legal force.

State of health and possibility of conscription

A mandatory procedure before military conscription is a meeting of the military commission. In addition to other activities, a medical examination of young men subject to conscription is provided. Guided by a government decree that regulates all activities of the draft commission, a decision is made on the citizen’s suitability for military service. At the same time, the question of who is granted only temporary release is being resolved.

The document that sets out all the selection criteria based on health conditions is called the “Schedule of Diseases.” It lists diseases and the degree of their complications, allowing one to determine the conscript’s fitness category. Temporary release for treatment or more detailed diagnosis of the disease corresponds to category “G”. There is no need to list all types of diseases, since a document in accessible form can be found dedicated to military service.

Civil service

If a citizen has a higher education obtained in institutions of the Ministry of Internal Affairs, the FSB, the Ministry of Emergency Situations and is in the service of the relevant bodies, as well as structural divisions border service and the penitentiary service, then during the specified period he is not subject to conscription.

Representatives of legislative power at the Federal and regional levels are also exempt from the ranks of the Armed Forces. These are deputies of the Federal Assembly and deputies of regional councils. The deferment of work is limited to the period for which the specified powers are valid. This also includes those local government positions that are elected rather than appointed.

A deferment means that the young man was declared temporarily unfit for service. In this article we will tell you how a deferment from the army due to illness is granted. We sincerely hope that this information will be useful to everyone who is interested in deferment from the army for health reasons, the list of diseases for 2019 and other issues related to exemption from military service.

In accordance with Article 24 of Law No. 53-FZ of March 28, 1998 “On Military Duty and Military Service,” every conscript who has been assigned fitness category “G” can receive a deferment. Essentially this means having young man illness or illness that temporarily prevents him from serving in the army.

How to get a health deferment?

Since any deferment from the army is issued only by decision of the draft commission, the conscript must undergo certain measures to receive it:

Medical examination at the military registration and enlistment office. After receiving the summons, the young man is required to undergo a medical examination. During this procedure, doctors conduct an examination to determine if the conscript has any health problems. In addition, they must necessarily consider copies and originals of medical certificates that indicate illness.
Assignment of suitability category. Based on medical documents and examination data, the chairman of the draft commission determines the suitability category of the young man. If a conscript is assigned fitness category “G,” this means that he is entitled to a legal deferment from the army due to health reasons for up to one year.
Referral for additional examination. If a conscript has certain illnesses, he may be sent for additional examination. During this examination, doctors must confirm the diagnosis. If the diagnosis is confirmed, the young man should receive complete liberation from service. Otherwise, he is declared fit and receives a summons to be sent to a military unit.

It is worth separately noting that refusal to undergo an additional commission deprives the conscript of the opportunity to receive a legal deferment from the army for health reasons.

How long is the deferment given?

If a conscript is declared temporarily unfit for military service, he is given a deferment for a period of 6 to 12 months.

List of diseases in 2019 for health deferment from the army

As a rule, in 2019, temporary release is granted in the presence of a chronic disease during the period of its exacerbation, as well as during rehabilitation after surgical operations. In addition, a deferment from the army due to health is very often issued in the presence of the following diseases:

Defense of the Motherland is the constitutional duty of men after 18 years of age, and it comes into contact with the right (also established in the Constitution) to education. Having decided to study, people hope that they will receive knowledge and a diploma. Therefore, postponing the time of conscription into the army or how to get a deferment from the army due to study is a question that they ask both upon admission and in the process of mastering educational programs.

In this article we will explain who is entitled to a deferment from the army for studies in 2016, the law governing this issue and how potential conscripts can apply it.

Legal aspects of obtaining a deferment by law

By establishing conscription, the state guarantees citizens the opportunity to exercise their rights. This is done by allowing persons liable for military service to postpone their service for a certain period in case of life circumstances - illness, care for close relatives (if they need it), study.

Deferment from the army for studies in 2016 according to the law is provided for:

For schoolchildren (for admission to college or university)
College and technical school students (up to age twenty).
Students of higher educational institutions.
Graduate students, residents, assistants.

It is important that obtaining the right to transfer the term of military service is allowed only when choosing a full-time form of obtaining a diploma. Correspondence students or those who study at evening faculties will not be able to take advantage of this right.

Another condition for obtaining a deferment is that students study in programs that have received state accreditation (with the exception of education in the professions of church ministers or religious personnel).

If a university, college, or technical school practices studies in non-accredited programs, it will not be possible to delay the fulfillment of the constitutional obligation.

Who is entitled to a deferment and in what cases?

Law No. 53 Federal Law of March 1998 similarly regulates in which cases pupils or students have the right to defer military service. For each category of students, the law specifies the conditions for obtaining a deferment:

Pupils. If a student turns eighteen years old before finishing the eleventh grade or at the time of passing the entrance exams, then the military registration and enlistment office will not come to him immediately. This happens because legal norms give him the opportunity to pass final exams successfully (receive a certificate) and pass tests for admission.

In this case, deferment from the army is granted until the first of October of the year of graduation. In the event that a person fails to enroll in a university, college or technical school, and he has no other grounds for postponing his time of service, he will be taken up in the autumn conscription of the year he graduated from eleventh grade.

Students of colleges and technical schools have the right to exercise the right to transfer the draft, subject to:
- That they have not previously received secondary vocational education.
- The deferral time does not exceed the study period according to state standards educational activities.
- They did not reach the age of twenty during this period.

In addition, the law (No. 53FZ of March 1998) specifies a rule that applies to situations of entering college after the eleventh grade.

According to it, the right to a deferment from the army for studies in 2016, according to the law, is given to those students who have reached the age of eighteen in their last year of study. If this happened earlier, the right to transfer does not arise.

But this situation, due to the standards of education at the school, is a little absurd, so the norm that established it ceases to apply in January 2017.

Students of higher educational institutions receive the right to transfer military service under the following conditions:
- They have not received higher education in bachelor's, specialist, or master's programs before.
- The duration of actual study does not exceed the time limit for obtaining a diploma according to state standards.
- The university is included in the list of educational institutions established by the law on education.

The basis for deferment is the acquisition of knowledge in preparatory programs. To use it, preparation must be carried out at the expense of Federal budget, and begin in the year of graduation. In this case, it is allowed to postpone admission to the ranks of conscripts for one year.

Residents, graduate students, and internship assistants are allowed to defer military service while studying in accredited training programs for highly qualified personnel. The period of study does not exceed the period of obtaining knowledge according to state standards.

The student has the right to join the army after studying, as well as to register with the military registration and enlistment office after 27 years of age, this right does not terminate (if the total period for postponing entry into the Armed Forces, as a result of these actions, is not extended or is extended by no more than one year ):

In case of academic leave of a student or transfer to another educational institution of the same level of education.
Upon reinstatement at the university (if the conscript stopped studying not on the initiative of the administration of the educational institution).

Example of judicial practice on conscription issues

Deferment from the army for studies in 2016, as the law defines it, is a complex matter, therefore in judicial practice Disputes about its non-representation are not uncommon. So the court of the Kuzminsky district of Moscow, having considered the case materials based on the application of D.V. Kushneruk. on challenging the commission’s decision to call him up for military service, and the obligation of the Military Commissariat to grant a deferment, established:

The plaintiff appealed to the conscription commission and the head of the joint department of the Military Commissariat with a demand to recognize their decision to draft him into the army as illegal.
The plaintiff became a graduate student at the university where he received his higher education, majoring in “Civil, family, business, international private law.”
Based on the decision of the conscription commission, the plaintiff is called upon to join the ranks of the regular troops.
The defendant objects to the plaintiff’s statement, citing the fact that studying in the specified specialty (Civil, family, business, private international law) does not serve as a basis for postponing the time of conscription, because this profession is not included in the list of training programs accredited by the state.
The plaintiff did not provide the court with evidence of state accreditation of his graduate study program.

Having studied all the circumstances and evidence supporting them, the court came to the conclusion that there were no grounds for canceling the decision of the draft commission, and refused to satisfy the application of D.V. Kushneruk.

Still have questions? Call or ask our lawyers questions. Employees will explain in detail who is entitled to a deferment from the army for studies in 2016, the law of the Russian Federation and its use for legal resolution of the issue. The employees of our portal know in what cases the transfer of conscription is due, how to apply for it or prove your rights to it.

They will tell you how to apply for a deferment within the framework of the law, and in what order to appeal the actions of officials of the military commissariat. We work online, which allows our clients not to waste time searching for a law office.

This is received by students and students of various educational institutions of secondary and higher education. The basis for receiving is the fact of study itself.

Registration of deferment for technical school, college, school students

Next, you, like all conscripts, will have to undergo a medical examination procedure and receive a conclusion about your fitness category. After this, you will receive a deferment from conscription for a certain period.

Registration of deferment for university students

A special department at your university is responsible for issuing such certificates, and you can find out more about this in your dean’s office. After this, you undergo a medical examination on a general basis, and after your identity has been established, the draft commission will announce to you a decision to receive a deferment from conscription for the period of study.

Registration of deferment for graduate students

Here the registration process is more complicated:

Then you undergo a medical examination, and the draft commission grants you a deferment from military service.

Deferment from the army due to work

Provided to deputies, candidates for deputies, by presidential decree, as well as employees of various government agencies:

Police officers and employees of other internal affairs bodies
Fire service employees
Penitentiary system employees
Drug control officials
Customs workers

Registration of deferments for government employees

The deferment is valid until the end of the contract and service in a government agency.

Deferment from the army for family reasons

Perhaps the most complex and extensive topic in the issue of conscription for military service, because there are many nuances and therefore I will remind you of the reasons for receiving this kind of deferment:

Caring for a close relative
Guardianship or trusteeship of a minor brother or sister
If you are a single father raising a child alone
If you have a disabled child under 3 years of age
If you have
If you have a child and a wife who is pregnant and the gestation period is more than 26 weeks

Applying for deferred care for a close relative

Prerequisites- you are busy with constant care for:

Mother
Father
Spouse
Brother
My sister
Grandfather
Grandmother
Adoptive parent

Moreover, these conditions only work if:

There are no other persons obligated by law to support these citizens - and who is obligated to support is indicated in Articles 80,85,87,89,90,93,94,95,97 of the Family Code of the Russian Federation - If besides you there are other persons obligated by law to care for your relative, then even if they live in another city and do not take care of your relative, then you are deprived of the right to receive a deferment from conscription
They are not at full capacity state provision- full state support means being in a home for disabled people or pensioners, being in orphanage, training at Suvorov and Nakhimov schools.
They need constant outside care for health reasons - a conclusion on the state of health is made at the federal institution of medical and social examination at the place of residence of citizens called up for military service.

You will receive such a deferment only if all the above conditions are met.

Registration of a deferment in connection with guardianship

The necessary conditions to receive - you are a guardian:

Your minor brother (or sister). If they are not native, there is no reason for a delay.
You are the only one who is legally obligated to support him.

Guardianship ends automatically when the child gains full legal capacity. To formalize guardianship, you need to contact your local guardianship and guardianship authority. This can only be done when you do not have parents, they have been deprived of parental rights or are evading parental responsibilities.

Documents required for registration:

Registration of a deferment for a single father

Required conditions:

Is the conscript married to the child's mother - doesn't matter. It is the mother of the child who appears in the law, and not the wife of the conscript. Therefore, the main thing is that yours is indicated in the child’s birth certificate in the father column.
The child's mother died
If you are divorced, the court must make an order for the child to live with you, and not with the mother.
The mother was deprived of parental rights through the court

Registration of a deferment for a father with two or more children

Terms of provision:

It is important here that you are listed as the father in the birth certificate of at least two children. Confirmation of your marriage to their mother is not necessary. You can also be in a civil marriage.

Documents required for registration:

Registration of a deferment for parents of a disabled child.

Important Terms providing:

The deferment is provided only until the disabled child turns 3 years old.
Disability must be confirmed by a medical and social examination at the place of residence of citizens called up for military service.

Documents required for registration:

Registration of a deferment for a conscript with a child and a pregnant wife

Terms of provision:

It doesn't matter whether your spouse is the mother of your first child, what matters is that you are the father of that child. For example, you have a son or daughter from your first marriage (official or civil - it doesn’t matter), you are currently officially married, and your wife is pregnant. The pregnancy must be at least 26 weeks.

Documents required for registration:

After your wife gives birth, the deferment will be changed to a deferment for 2 children.

What is better: deferment or release from the army?

Note for all deferments: They only last until they expire or the reason you received them no longer exists. And then you will be subject to conscription again. In addition, military registration and enlistment office employees often persuade conscripts to choose a deferment even if they have health problems.

This is done so that you become a “backup option” for the military registration and enlistment office. You are left on the draft lists so that in the event of a shortage and failure to fulfill the draft plan, there will always be people who can be drafted into the army (sometimes by force).

Remember that if you receive an exemption from the army, for example due to health, then you will definitely not be drafted. You need to find non-vaccine diseases and confirm the fact of their presence with documents.

In contact with

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

Deferment from the army for schoolchildren and college students

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

Deferment from conscription for university and postgraduate students

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

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

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

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

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

Deferment from the army for family reasons

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

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

Deferment from the army due to work

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

Deferment from the army due to health

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

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