LawState and Law

Military records are what? Goals and objectives

The legislation of the Russian Federation establishes the duty of male citizens to perform military service when they reach a certain age. At the same time, the norms provide for certain procedures related to the registration of potential conscripts in the authorized bodies. в России осуществляется в соответствии с ФЗ № 53, Положением, утвержденным правительственным Постановлением №719 от 27.11.2006 г., и прочими нормативными актами. The conduct of military records in Russia is carried out in accordance with Federal Law No. 53, the Regulation approved by the governmental resolution No. 719 of November 27, 2006, and other normative acts. Let's consider the basic rules.

General information

метод обобщения сведений о мобилизационных и призывных ресурсах страны. Military records are a method of summarizing information about the mobilization and recruitment resources of the country. As a general rule, it is carried out at the address of residence or residence (for persons who arrived in the territory of the Ministry of Defense for a period of more than three months). производится местными комиссариатами или специально созданными комптенетными комиссиями. Military registration of citizens is carried out by local commissariats or specially created commissions.

Classification

The legislation uses the term "initial military registration". действие следует отличать от регистрации лиц в комиссариатах по общим основаниям. This action should be distinguished from registration of persons in the commissariats on general grounds. Differentiation of the above procedures is carried out by:

  1. Circle of subjects. регистрация лиц, достигших 17 лет. The initial military registration is the registration of persons who have reached the age of 17.
  2. Terms of implementation of activities. Registration of entities on general grounds can be carried out throughout the year. From January 1 to March 31, the initial work is carried out. при этом осуществляется уполномоченными комиссиями, а не комиссариатами. Military records are carried out by authorized commissions, not by commissariats.

Activity of bodies

юридически значимая процедура. Military records are a legally significant procedure. It presupposes the commission of certain actions, legislatively fixed. As the basis for the implementation of established procedures is the decision taken by the bodies that carry out military registration. The age of primary conscripts, as was said above, is 17 years. For registration, the person undergoes a physical examination. Based on its results, a decision is made on:

  1. Introducing the issue related to the exemption from the discharge of the duty established in Federal Law No. 53 for consideration by the commission. The reason for such an action is the recognition of unfitness to the service.
  2. Introducing the issue of enrolling a subject in the reserve. This decision is connected with the recognition of a person with limited validity.
  3. подлежащих первоначальной регистрации. The registration of citizens who are subject to initial registration.

Conflict of norms

In accordance with the above information, persons who are found to be unfit or limited to the service should not be put on military records. However, clause 34 of the Provision at the beginning of the article contradicts the requirements of Federal Law No. 53. This act authorizes the commission to register persons who are considered to be limitedly fit or unfit for service. In this case, there is a conflict of norms. As a general rule, in such a situation, the one that is envisaged in a higher act in the hierarchy is subject to application. Accordingly, clause 34 of the Regulations does not apply in the specified cases.

Controversial moment

It is not entirely clear how a commission that resolves issues related to the limited and unfit persons can take decisions with respect to them. In accordance with the provisions of Article 22 (1) of Federal Law No. 53, subjects subject to compulsory registration are subject to recruitment. Accordingly, the rest of the people are not recruited into the service, and the commission, in turn, can not make a decision against them. Meanwhile, it is necessary to say that one entity can be declared unfit for March 31, and April 1 should already be registered on the basis of certain measures.

Turnout on the agenda

FZ No. 53 obliges the authorized bodies to notify about the need to arrive at activities related to the initial registration. Notification of this is done by means of sending the agenda. If the subject did not appear on notice for disrespectful reasons, an administrative penalty may be imposed on him. A sanction is a warning or a fine.

Medical Examination

It is organized by a commission authorized to carry out military registration. Within the framework of medical examination, the category of the person's fitness for service is established. Here it is necessary to take into account one nuance. The definition of a category in the primary account does not mean that it will not be changed during the recruitment process. When deciding the appropriate issue within the scope of the survey, the conclusion on the suitability of the subject will be made up again.

Documents of military registration

They are issued by authorized bodies at the address of registration of persons. Subjects who are enrolled in the reserve are issued a military ticket. Persons who are being drafted are issued a certificate with the appropriate entry. When the subject is released, he is enrolled in the reserve. Accordingly, he is given a military ticket. Persons who are deferred from conscription are not credited to the reserve. Therefore, they are subject to conscription. A military ticket is not issued to such persons before being transferred to the reserve on the basis of exemption, the achievement of 27 years, etc.

Features of issue

A certificate of the subject subject to conscription is given to him under the signature. Extradition is carried out on the day of passing the survey for registration on military records. оформляются в соответствии с Порядком создания картотеки дел призывников. The forms are drawn up in accordance with the Procedure for the Creation of the Files of Conscripts. Issuance of tickets to persons enrolled in the reserve shall be made within ten days from the date of adoption of the relevant decision or receipt of the extract of the minutes of the commission. Calculation is carried out in working days. According to some experts, the imperfection of the wording of the rules on military registration is evident . бумаг в течение 10 дней может не произойти. Filling of the paper within 10 days may not occur. This is due to the fact that the decision of the commission may not pass the procedure of approval established by the norms. The legislator intended to count the 10-day period from the date of its adoption. However, the norm was designed so that the person enrolled in the reserve was able to demand the issuance of a ticket at the end of the specified period, even if the decision of the commission was not approved.

Common misconceptions

у лица препятствует: There is an opinion that the absence of the form of military registration in the person prevents:

  1. Registration at the address of stay and residence. Previously, the Rules for the registration of persons at the place of residence / residence included the requirement to provide documents for military registration. But the governmental Decree No. 599 of August 14, 2002, this order was canceled.
  2. Enrollment in state universities, which are established by the executive structures of the federal government. A complete list of the documents required for admission is provided in Sec. IV Order, regulating the admission of persons to educational institutions of higher professional education, having state accreditation. The rules are approved by the Order of the Ministry of Education and Science No. 422 of October 21. 2009 In accordance with the Procedure, the provision of a document issued by a body that carries out military registration is produced by the subjects who served on the conscription and were dismissed from it and are entitled to use the results of the Single State Examination handed in during the year prior to the draft .
  3. Obtaining / replacing the passport of the Russian Federation. In accordance with clauses 34.5 and 35.4 of the Rules of the Federal Migration Service, approved by Order No. 399 of 07.12.2009, persons holding a military ticket are required to submit it to the relevant division of the Migration Service. However, this requirement does not apply to entities that do not have it. The requirement to provide a certificate of the person to be drafted is not stated in the Administrative Regulations.
  4. Obtaining a passport. In accordance with clause 34 of the above-mentioned Regulations, men aged 18-27 living in the Russian Federation, in order to confirm the reliability of information that they are not called up for military service or are not directed to alternative service, are presented with a military ticket in the appropriate unit of the FMS With a note on the completion of stay in the ranks of the Armed Forces or a certificate of the commissariat at the address of residence.

At the same time, a number of requirements are present in the TC. According to the provisions of Article 65 of the Code, the persons liable for military service and subjects subject to conscription must submit the relevant documents.

Specificity of activity

Military records must be kept constantly. It should cover persons in reserve and subjects that are subject to conscription. The work of the accounting system is provided by the Ministry of Defense, the Ministry of Internal Affairs, the SVR, the FSB, the structures of the federal, regional, local executive power, and organizations, regardless of their legal status. The key requirements for the activity on the compilation of information are ensuring the reliability and completeness of data reflecting the state of mobilization and recruiting resources. Accounting in organizations is coordinated by the General Staff of the Armed Forces. Commissariats carry out planned inspections of institutions together with authorized officials of executive structures of regional and territorial authorities.

Reservation

в учреждениях должен осуществляться специально назначенными сотрудниками. Military registration in institutions should be carried out by specially appointed employees. In this case, the established standards must be observed. They provide for:

  • Allocation of 1 released employee with military registration of 500-2000 citizens;
  • 2 - with 2-4 thousand subjects;
  • 3 - with 4-7 thousand people.

For each following 3 thousand people there is an additional one for each specialist. может возлагаться на одного из служащих по совместительству. If the enterprise is less than 500 hours, military registration in the organization can be assigned to one of the employees on a part-time basis. The costs that are associated with the collection and compilation of information are assigned to the institution itself. , специально оборудованное помещение, оснащенное железными шкафами для обеспечения сохранности материалов. The head should allocate for the personnel carrying out the military registration in the organization , specially equipped premise equipped with iron cabinets for maintenance of safety of materials. Separate categories of employees are granted a deferment from the call for mobilization and during hostilities. Such work is aimed at providing enterprises with labor resources.

Goals and objectives of the university

Military records are aimed at:

  1. Ensuring the fulfillment of obligations provided by federal laws by persons.
  2. Determination of the qualitative and quantitative composition of mobilization and recruitment resources for the purpose of their effective use in the defense of the country.
  3. Conducting planned activities to train the necessary specialists from among the persons in reserve to perform work related to the transfer of the Armed Forces, troops, formations, organs of the Verkhovna Rada, the FSB, etc. from peacetime to military and subsequent reinforcement.

Duties of conscripts

They are envisaged by Article 10 of the Federal Law No. 53. In accordance with the norm, conscripts must:

  1. To be registered at the place of residence / stay in the commissariat.
  2. Come on the agenda or call the appropriate authorized body.
  3. In a two-week period, inform the commissariat or other responsible structure about changing your marital status, place of professional activity or position, education, moving to a new address within the MO.
  4. Appear within 14 days to the authorized body for registration, withdrawal from it, making changes to the documents issued earlier. This regulation applies to persons who have moved to a new place of residence / stay, located outside the municipality in which the registered commissariat is located, for a period longer than three months, or leaving / entering from / to the Russian Federation for more than six months.
  5. Care should be taken for documents issued in connection with the registration for military registration. If they are lost within two weeks, the person shall notify the commissariat or the appropriate authorized structure to resolve the issue of obtaining duplicates.

Explanations

According to the Rules of registration and removal from the register of citizens at the address of residence / residence, the place of stay may be a sanatorium, a rest house, a hotel, a tourist base, a hospital, and the like in which the subject does not live permanently. Persons who arrived on the territory for more than 90 days. For temporary residence, must apply to the authorized bodies for registration. In this case, subjects are removed from the register at the place of their permanent residence. Registration is made within three days. As the place of residence is the address where the person predominantly or permanently lives as the owner, the tenant of the premises or in another status provided by law. It can be a house, an apartment (service including), a hotel, a hostel, etc. The person who changed the place of residence must appear to the registration authority not later than seven days from the date of arrival at the new address. Registration is carried out by affixing the appropriate mark in the passport. Persons can be registered only in one room at the place of residence. A citizen who leaves the country must submit to the commissariat the identity of the subject to be drafted. It is attached to the case. When the citizen reaches the country outside the country for 27 years, it is destroyed. The legislation establishes responsibility for the intentional destruction or damage to a document issued by the commission. Sanctions are also established for negligent storage, if it entailed its loss. In accordance with the Code of Administrative Offenses, the subject is brought to administrative responsibility. Punishment is made in the form of a warning or a pecuniary punishment. These sanctions establish art. 21.7 of the Administrative Code.

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