Who has the right to alternative civil service? Alternative civil service. Alternative civil service - procedure for passing

Service in the armed forces is considered compulsory for all able-bodied men in almost every country in the world. The difficult situation in the international arena does not allow us to abandon this situation in our time.

However, many states, including Russia, have decided to meet the wishes of some of those liable for military service and allow them to serve in the alternative civilian service. Such orders are now preserved in our country.

Concept

Alternative civil service (ACS) is a specific form of labor activity in the interests of the entire country. It takes place instead of conscription in the Russian army. The replacement of military service with alternative civilian service is enshrined in the Constitution of the Russian Federation and a number of legal and by-laws. This is how the right of citizens to refuse military service for personal reasons is exercised. The regulations formulate the basic concepts of service, categories of citizens entitled to serve in this way, and the duration of alternative civil service.

Right to service

You cannot simply refuse to serve in the army. A Russian citizen is given the right to alternative civil service in a number of specific, clearly verified cases:

  • serving in the army contradicts his views or religion;
  • he is a representative of an indigenous nation with a small number of people, whose traditions have not changed for hundreds of years, the economy is predominantly subsistence in nature - agriculture, animal husbandry, extractive industries and handicrafts.

Other reasons for avoiding service in the Russian army are not recognized.

Summoning procedure

To perform alternative civilian service, you must, firstly, bring an application to the military registration and enlistment office at your place of residence at the specified time:

  • until April 1 - for men who are required to join the army in October - December of the current year;
  • until October 1 - for men who are required to join the army in April - June of the current year.

Statement

The features of the alternative civil service are visible even from the conscription procedure. Unlike regular military service, you need to write a written application in free form. At the same time, the application must provide reasons why military service is impermissible due to one’s beliefs or professed religion.

A number of required documents must be added to the application. In addition, you can bring other materials that will help strengthen the conscript’s arguments. These documents are not mandatory; they are submitted at the request of the conscript. Typically, conscripts bring educational diplomas and statements of family size. In the application, you can submit a list of people who can testify to the reasons why military service is inadmissible due to convictions or professed religion.

When submitting an application and accompanying papers, you must provide the military registration and enlistment office with a receipt indicating acceptance of the application. As a rule, this is a mark from a military registration and enlistment office employee on the second copy of the application for its acceptance, or a document confirming the registration of the application.

Consideration of the application

Since the conditions of alternative civilian service are considered to be much easier than in the army, all applications are carefully considered. A written request to replace military conscription service with another, alternative service is dealt with during the period of activity of the conscription commission and only when a citizen appears. The Russian is notified in writing of the details of the application consideration process by a summons from the military registration and enlistment office, received against his signature.

At a meeting of the draft commission, the conscript needs to be prepared to present his arguments and convincingly state the reasons why he is applying to replace the army service with another, alternative one. People who can confirm the applicant’s position should also be invited to the commission meeting.

Based on the results of studying the application, the draft commission writes a conclusion on the Russian’s transfer from military conscription service to another, alternative one, or agrees on a convincing decision on disagreement with the application.

The resolution of the draft commission is adopted within 30 days from the end of the period for submitting requests to the military commissariat, that is, for the autumn draft the deadline for studying applications is May 1 of the current year, for the spring draft - until November 1.

If it becomes necessary for the draft commission to request additional data, the time for submitting a decision may be extended, but not more than 30 days.

Refusal

Alternative civilian service is not just an easy evasion of military service. In the legal framework of the Russian Federation, there are clear reasons why citizens are prohibited from performing alternative service instead of army service:

  • late submission of documents;
  • mandatory documents and other data contradict the Russian’s arguments that military service does not correspond to his views or professed religion;
  • the application and required documents contain deliberately false data;
  • the Russian was twice invited by summons to meetings of the draft commission and did not appear at them without a good reason;
  • Previously, the Russian had the opportunity to undergo the AGS, but he refused it.

Good reasons

Typically, valid reasons for absence include:

  • serious illness or injury resulting in loss of ability to work;
  • serious health problems of close relatives or participation in the burial of relatives;
  • other valid reasons that do not depend on the citizen himself;
  • other circumstances that the draft commission or court considered valid.

Admissions committee decision

The selection committee must make one of two decisions:

  1. On the replacement of conscription service in the army with another, alternative civilian service with the parallel issuance of a summons with a clear indication of the time of arrival for a medical examination and for the work of the draft commission to consider the issue of sending a citizen to the ACS.
  2. On a negative decision on an application to replace conscription service in the army with another, alternative service. Such a decision can be challenged in court, for which you need to take a copy of the draft commission’s protocol, which must be handed over to the conscript within seventy-two hours from the time the decision was made.

Order of service

At the AGS, the recruitment procedure is similar to typical military service. In this regard, there is no great feature of the alternative civil service. Men aged 18 to 27 years old who meet the following requirements are recruited to serve in it: they are not in the reserves, they have the right to replace army conscription service with a similar civilian service, have written an application to the military registration and enlistment office about their desire to replace army conscription service with a similar civilian one service. The responsible authorities had to make a positive decision.

Conscripts who are not required to serve for health reasons, have received a temporary deferment, are studying at universities and colleges, have two children, disabled parents, or are breadwinners in the family are not allowed to serve.

Place of duty

After conscription, citizens are sent to their place of duty. Alternative civilian service is the same service as military service. So the military registration and enlistment office usually sends conscripts to another subject of the Russian Federation, not the one where they permanently reside.

Citizens can perform alternative service:

  • in bodies subordinate to the federal structure;
  • in bodies subordinate to the departmental structure of the constituent entities of our country;
  • in the Russian Army, other law enforcement agencies, and army units as full-time employees.

Vacancies for conscripts

What will those called for alternative civil service do? This is determined by education, previous work experience, qualifications, health status of the conscript and the need of Russian structures for workers. Representatives of indigenous peoples, as a rule, are sent as reindeer herders or workers to enterprises that engage in traditional crafts. The rest usually work as orderlies or postmen.

Being sent to work in the construction industry can be considered great luck. Of course, the work there will be harder, but the salary will be higher. In regular service, the salary is limited to the minimum, but in construction it can reach 20,000 rubles.

Conscripts work in educational institutions, the social sphere, and agricultural organizations. A small part of young people (those who have the appropriate specialty) are sent to Roscosmos, Spetsstroy, the Federal Communications Agency or the Federal Medical and Biological Agency.

Life time

Since service in the ACS is considered easier, the term of alternative civilian service is longer than conscription. Now this period is 1.75 times longer. For Russians (including those who studied in institutions of higher and secondary education), the period of alternative service in federal structures is 21 months. When the ACS is defined in the army structures of the Russian Federation, the time of such service increases only 1.5 times and reaches one and a half years.

Service Features

Russians undergoing ACS are not particularly different from the typical hard workers of the organizations to which they are sent. The requirements of the alternative civil service are quite mild. Citizens receive a salary, have the right to regular leave, the working day for such workers is adopted by law and usually reaches forty hours a week. Such conditions of alternative civil service bring it closer to ordinary civilian service. Unless a conscript cannot resign of his own free will.

Responsibility for evasion

Avoiding alternative civilian service is considered the same violation of the law as ignoring military service. The only difference is that the punishment for this category of those called up is somewhat lighter.

As stated in the Criminal Code of the Russian Federation, Russians who evade another, alternative service by court order may be subject to a fine of up to 80 thousand rubles. or in the amount of salary or other income. Other punishment: arrest for up to six months or compulsory community service (up to 480 hours).

In legal practice, service dodgers are considered to be Russians who have received a decree to serve in an alternative structure, but due to unexcusable circumstances, have not reported to their duty station at a certain time. In addition, there is unauthorized flight from the place of service, disagreement with the implementation of the functions of the alternative civil service, including refusal to sign a fixed-term employment contract, and early dismissal for false reasons.

No matter how the ACS is viewed, alternative civil service is also an obligation, evasion of which is punishable, like other violations of laws.

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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Surely in our country many conscripts cannot serve in the army. At the same time, not just because of his negative attitude towards the army, but also for other reasons (for example, religion does not allow it).

For this reason, the Russian Federation provides an alternative to military service, which allows you to carry out labor activities instead of the army.

But what are the conditions for this? Who can use it and what is needed for this?

What it is

The definition of alternative civil service (hereinafter referred to as ACS) means a certain type of labor activity, which is aimed at satisfying the interests of not only the state, but also society as a whole.

This type of work activity has the right to completely replace conscription service in the Armed Forces of the Russian Federation.

Peculiarities

Moreover, they are also paid a salary and have the right to take advantage of the annual leave stipulated by the Labor Code of the Russian Federation.

If we talk about the work schedule, it consists of a standard 40-hour work week.

The legislative framework

The definition of AGS is still related to military service, therefore, first of all, its issue is regulated Constitution of the Russian Federation, in particular Article 59. This article provides for the possibility of replacing military service with ACS.

If we talk about others laws, that is:

  1. Federal Law No. 113 “On AGS”;
  2. Federal law that regulates the issue of conditions for passing the AGS.

Federal Law “On AGS”

This Federal Law clearly defines the categories of citizens who have the right to replace military service with AGS.

Today there are several such categories of citizens, namely:

  • citizens of military age for whom military service is contrary to moral principles, or to their religion and belief;
  • persons of conscription age who consider themselves to be a small indigenous people, living and carrying out a traditional type of activity for themselves.

There is a small nuance here: if only a small percentage of young men can be classified in the second category, then almost everyone falls under the 1st category.

If, for example, a subgroup with a religion can still be confirmed in some way (for example, like-minded people can prove this), then for the 2nd subgroup everything is much more complicated.

Agree, few people can confirm that a person has the principle “not to pick up a machine gun.” For example, one person lives with such a conviction all his life, another only after something happened in his life.

Who and under what conditions has the right to perform alternative civil service?

If we talk about the conditions for passing the AGS, then we should refer to the Federal Law, which regulates this issue.

The federal law on the conditions for passing the ACS regulates the question of who has the right to take advantage of this option for military service.

In particular this can use:

  • a person applying for an AGS must be under 27 years of age;
  • absence of medical contraindications for full military service;
  • Citizens who have the opportunity to undergo the ACS have;
  • After passing the medical commission, it was decided to send the conscript to the ACS instead of full military service.

Such an alternative have the right to use persons who:

  • are aged from 18 to 27 years;
  • are not in stock;
  • submitted a corresponding application to the military commissariat.

In what cases can this right not be exercised?

AGSom do not have the right to use such citizens who:

  • do not have any grounds for obtaining exemption from military service;
  • are released due to health reasons;
  • have a deferment from conscription.

As a rule, persons who have exercised the right to replace military service carry out their labor activities outside the region of their residence.

Where and when do AGS take place?

Civilian labor activity in lieu of military service can be carried out at enterprises that:

  • are subordinate to federal self-government bodies;
  • are subordinate directly to the executive authorities of the constituent entities of the Russian Federation;
  • are subordinate to the Ministry of Defense, and at the same time they are allowed to work as civilians.

In this case, it is necessary to take into account the fact that the AGS period is longer. Today, according to the AGS, it is necessary work for about 21 months.

But there is a small nuance: when choosing AGS at enterprises of the Ministry of Defense, the duration is 1.5 years.

The procedure for replacing military service

In order to take advantage of the alternative to conscription military service, necessary complete the following steps.

Submitting an application

It is worth considering that the relevant document must be provided at the place of residence of the conscript within the following periods:

  • until April 1 inclusive - to those categories of conscripts who can be called up for service during the autumn conscription period (October-December);
  • until October 1 inclusive - to those categories of conscripts who may be called up for military service next year in the spring (April-June).

As for the application itself, it is submitted in any form and there is no clear framework provided for in the legislation. But at the same time, the document must necessarily contain information about why a conscript cannot undergo standard military service.

If speak about documents, which are attached to the application itself, there are not so many of them:

  • autobiography or reference from the last place of work (if the conscript is working). If the conscript has just completed his studies, it is necessary to take it from the educational institution;
  • copy ;
  • a copy of your education diploma.

In order to guarantee a positive decision on this issue, the application must indicate the initials of citizens and their contacts so that they can confirm the fact that the conscript cannot serve. In simple words, they will prove that faith or belief has a place to be.

After the entire list of documents with the application has been submitted, the military commissar is obliged to issue the conscript a certificate that confirms the fact that the application has been accepted.

Decision-making

The application written by the conscript is considered exclusively at a meeting of the draft commission and without fail in the presence of the conscript himself. The military registration and enlistment office notifies you with a standard summons about when exactly it is necessary to appear at the commission.

The conscript himself needs to prepare as thoroughly as possible, since he will have to present serious arguments why he cannot serve.

It is advisable to take with you to the commission those persons who can confirm all the words of the conscript. But you need to pay attention that this cannot be mom, dad and other relatives.

After listening to the arguments, the commission decides to replace or refuse the AGS.

If we talk about the timing of the decision, then this must be done no later than 1 calendar month from the date of filing the relevant application.

For those conscripts who are called up in the autumn, the last day for making a decision is November 1.

For those conscripts who are called up in the spring, the last day for making a decision is May 1.

Possible reasons for refusal

Current legislation specific reasons are provided, on which the commission can make a negative decision:

  • when submitting the application, the deadlines for filing the application were violated (the document was submitted later than the deadline established by law);
  • the description provided does not correspond to the arguments of the conscript during the consideration of the application;
  • the conscript for some reason did not appear at the commission twice;
  • Before this, the conscript had already refused the possibility of obtaining an alternative.

It is worth noting that there are good and bad reasons why a conscript might not appear at the commission.

In turn, to good reasons legislation includes:

  • the presence of a disease that caused loss of legal capacity;
  • the presence of a serious illness in his parents, or the death of a close relative;
  • reasons that do not depend on the will of the conscript himself (for example: a traffic accident).

The remaining reasons are disrespectful, and the commission immediately makes a negative decision.

After the commission has listened to the conscript’s arguments, it has the right to make a decision:

  • allow the conscript to use an alternative and schedule a medical examination;
  • refuse the ACS and call him for urgent service.

Basic list of professions and areas of work

The legislation provides a list of such categories and specialties:

Companies that are located under departmental subordination:

  • regional local governments;
  • Ministry of Justice and Ministry of Natural Resources;
  • Federal agencies dealing with the issue of ammunition and weapons;
  • Department of Defense and Department of Labor.

If we talk about specific areas where you can pass the ACS, they are as follows:

  • psychological clinics and other health care institutions;
  • social homes for the elderly and people with disabilities;
  • objects that are used not only for protection, but also for escorting criminals;
  • the field of construction, culture, and education;
  • various military institutions, including communications enterprises.

Benefits for citizens in alternative civil service

  • provision of free travel to the place of one’s work activity using the AGS (any type of transport with the exception of taxi);
  • receiving annual paid leave in accordance with the Labor Code of the Russian Federation;
  • free travel due to transfer to a new place of work, including travel at state expense home after dismissal;
  • provision of free housing while working under the AGS program.

It is worth noting that the remaining benefits for these citizens are completely identical, as for ordinary citizens who work. In simple words, they are provided with a full social package and, at the same time, their work experience is recorded in the work book.

For information on the rules and conditions for alternative civil service, see the following video:

Over the past few years, the interest of young people in the military profession has increased sharply, but even today there are many who consider military service a waste of time. The law on replacing military service with civilian service has been in force for several years now, but the share of draft dodgers is not decreasing at the same rate as we would like.

Patriotic education, instilled from school, implies the development of a sense of love for the Motherland and a sense of duty to ensure its security. Conversations are constantly held with young people, organized through the military registration and enlistment office, during which the topic of popularizing military service runs through a thin line. Approaching his majority, the young man begins to understand that the army means true friends, combat training, possession of weapons, and the cultivation of courage. But the statistics continue to give sad results; draft dodgers are only increasing their chances of avoiding service.

In the Russian Federation, since 1993, it has been possible to undergo ACS (alternative civilian service) instead of serving in military units. By definition, this type of service is interpreted as work for the benefit of others, which is counted in return for military activity.

To whom is it available?

Anyone who dreams of an alternative to army life needs to understand one simple fact: none of the commission members will offer such an option. In order for the military registration and enlistment office to send you to work, you will have to justify your decision and write a corresponding application. The legislative aspect for the selection of citizens has not been fully developed, therefore, although there are certain conditions for the civil service to be available, nothing needs to be documented.

The reason may be belonging to a particular religion. Many teachings completely deny the use of weapons and warfare. No one is going to check adherence to a particular religion, since this is not provided for by law.

The next group of people who enter public works cite denial of any violence as a motivation. Such ideas are called beliefs, and they are also available to any citizen. The third group of people is formed from small nationalities who are engaged in a trade that is characteristic only of them.

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At first glance, it seems that alternative service in the army is a tasty morsel for draft dodgers, because before getting there, you just need to declare your convictions, but this activity has not gained much popularity.

In addition to the requirements described above, there are general requirements for a conscript.

  • Citizen of military age.
  • Not in stock.
  • Based on the results of a medical examination, he was found fit.
  • Confirmed by a military commission.

Civil everyday life of the ACS

Finally, the time has come to reveal the secret of such low popularity of AGS. Many young people choose to evade the army, despite the severe penalties they face. The reason lies in the fact that the period of alternative service significantly exceeds the period of conventional service.

If a conscript is sent to an organization under the Ministry of Defense, then he will have to work for 18 months, otherwise, instead of the army, he will have to fulfill his civil duty for 21 months. Such information makes the conscript think again about the advisability of avoiding the “school of life.” Do we need to remind you that in Russia the duration of military service is only 12 months?

After the application for transfer to ACS is granted, surely every applicant will want to know what the vacancies are? The conscript does not have the right to choose his place of work. Employees of the military registration and enlistment office and representatives of the administration will take care of this for him. Data on vacancies where alternative service can be performed is collected into a single database. According to the law, the young man must be sent to another region, but in reality everything is different. Considering the fact that the state must pay for travel and accommodation, there is an unspoken order to provide a person with the opportunity to undergo the ACS in his hometown.

Public service involves working at socially significant enterprises, organizations, and facilities. The full list of in-demand professions is quite large. It can be noted that young men are usually in demand in medical institutions, in construction, in the service sector, and in the office. There are more than a hundred professions on the list, so you can’t expect a vacancy. All types of activities are absolutely identical in the legal aspect and do not give citizens additional privileges.

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Positive points

Another good reason for the low popularity of the ACS lies in the prevailing stereotypes that after its completion, citizens are infringed on the rights of former military personnel. It is safe to say that this is just a human opinion, which the law cannot influence. But from a legal point of view, persons performing alternative service are considered equal to military personnel. In addition, AGS provides a number of advantages:

  • Throughout the entire period, young men receive at least a low, but stable salary.
  • The work provided is considered official, and the length of service will be added to the total work record.
  • Official employment implies a social package, which means that the citizen receives the right to vacation and sick pay.
  • A work week with five working days.

Some young men refused alternative service under the oppressive influence of widespread rumors, the content of which was that with such a track record it would be impossible to get a job in the Ministry of Internal Affairs or other law enforcement agencies.

After analyzing various sources, we came across quite logical reasoning from some experts. The bottom line is that when submitting an application, the citizen referred to his opposition to weapons, force, and violence. Structures such as the Ministry of Internal Affairs and the FSB clearly contradict the internal beliefs of citizens, and therefore are considered inaccessible. However, the law does not specify any restrictions, so police service is quite accessible to a citizen who has passed the ACS. Let’s not lie, the choice always remains with the employer, and it is much easier for a man with an army behind him to get a job.