The Duma will once again tighten legislation on military service, change the rules of judicial appeal of decisions of military registration and enlistment offices on conscription. The corresponding amendments to the Federal Law “On Military Service” were submitted to Parliament on March 10 by a group of State Duma deputies led by Chairman of the Defense Committee Andrei Kartapolov.
Under current law, if a conscript appeals the conscription committee’s decision to court, all activities related to the conscript are automatically suspended until the end of the trial.
The representatives suggested that the suspension of the decisions of military registration and recruitment offices should not be automatic, but should remain subject to the court’s discretion. “Suspension of implementation of the contested decision is a right of the court, not an obligation.” She says In the explanatory memorandum to the draft law.
how He explained To the “Agency”, the head of the legal department of the “School of Recruits”, Timofey Vaskin, suggests that the courts be guided by the article of the Code of Administrative Procedure of the Russian Federation on the application of primary protective measures, which “does not work well.”
The lawyer believes that as a result, judges are unlikely to suspend conscription procedures. “The judge will look and say: Why am I defending? And what’s the risk if the legislature considers it doesn’t exist and strikes the rule of automatic protective action out of the law?” – He said in an interview with the agency.
In essence, authorities are inviting conscripts to challenge their right not to serve while in the military, Vaskin concluded.