Co-author of amendments to the Criminal Code called unjustified fears of mobilization

The head of the defense committee, Kartapolov, called unjustified fears that the amendments to the Criminal Code, introducing the concepts of “mobilization”, “martial law” and “wartime”, are preparing the basis for general mobilization

The co-author of the amendments to the Criminal Code called the fears of mobilization unjustified

Andrey Kartapolov

The adoption of amendments to the Criminal Code of Russia, introducing the concepts of “mobilization”, “martial law”; and “wartime” does not mean that general mobilization will be announced, said the chairman of the State Duma Committee on Defense, Colonel-General and former Deputy Defense Minister Andrei Kartapolov in an interview with Parliamentary Newspaper.

The State Duma on Tuesday adopted amendments to the Criminal Code in the second and third readings, which propose to consider periods of mobilization, martial law and wartime as aggravating circumstances in the commission of crimes. Their authors were deputies from all factions, including the head of the Defense Committee Andrey Kartapolov, for Security and Anti-Corruption — Vasily Piskarev, for international affairs —Leonid Slutsky, as well as senators.

Answering the question of how justified the fears are that the adoption of these amendments is the preparation of a basis for mobilization, the deputy said that they « absolutely unjustified.

“There will be no general mobilization. The president has spoken about this more than once and is directly speaking through his press secretary Dmitry Peskov and many other politicians at the federal level. “Law” not equal to “mobilization”, — says Kartapolov.

According to him, the amendments are adopted “not specifically for a special military operation”, but in order to “execute them for a long time”, at least until the need for them disappear.

The parliamentarian also explained that wartime is considered “the period when the state conducts hostilities with the help of its armed forces in one or more directions.” At the same time, martial law can be introduced both throughout the country and in individual regions— for example, where hostilities are directly taking place in order to “create conditions for the fulfillment of the tasks of the armed forces and other formations.”

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Speaking about whether it is planned to declare martial law or wartime now, Kartapolov did not rule out such a possibility in certain regions.

“Watchers, although this is special, it is all is a military operation. Therefore, I do not rule out that in some areas such a provision may be introduced, — he said.

In Russia, there are separate federal laws “On mobilization training and mobilization”; (N 31-FZ) and “On martial law” (N 1-FKZ).

Mobilization can be announced both before the introduction of martial law, and during the introduction of martial law. It can be general or partial. Citizens who are in the reserve, but who do not have the right to a deferment, are subject to conscription.

The reason for the introduction of martial law are:

  • the invasion of a foreign state into the territory of Russia, the occupation of any parts of it;
  • bombardment by foreign armed forces of the territory of Russia;
  • blockade of ports or coasts of Russia;
  • attack by the armed forces of a foreign state on the Russian Armed Forces, regardless of their location;
  • action a foreign state that allows another state to use its territory to commit an act of aggression against Russia;
  • sending by a foreign state of armed gangs, groups, irregular forces and mercenaries to carry out aggression against Russia.

As an example, the head of the defense committees cited “regions bordering Ukraine, which are shelled almost daily.” “It is necessary to protect our peaceful citizens there, it is necessary to apply special measures of armament” the same air defense. Of course, this will impose certain difficulties that can be solved as efficiently as possible only under martial law,— he thinks.

Martial law in the border areas, if introduced, will be similar to “the regime of the counter-terrorist operation, which was declared in the border areas during the first and second Chechen wars,” Kartapolov explained.

“In the Stavropol Territory, for example. During martial law, all power in the region is completely transferred to the military administration, restrictions are imposed on the movement of citizens— same curfew,— a special mode of operation of critical infrastructure facilities, a ban on entry and exit, and so on, — he specified.

Under wartime, according to Art. 18 of the Federal Law “On Defense”, is understood as the period from the moment a war is declared or the actual start of hostilities. Martial Law — a special legal regime introduced on the territory of Russia or in its individual areas by the president with the approval of the Federation Council in the event of aggression against the country or an immediate threat of aggression.

The term “fighting” determines the organized actions of military units in a certain period of time to carry out combat missions — in particular, they include special military operations, Senator Olga Kovitidi explained to RBC. Fighting is not necessarily related to martial law or a state of war, she added. Armed conflict refers to a limited-scale armed conflict between states or parties.

In particular, the authors of the amendments proposed to toughen criminal liability for “non-compliance by subordinates with the order of the chief”; during a period of martial law, in wartime or in conditions of an armed conflict or combat operations, “as well as refusal to participate in military or hostilities”, for unauthorized abandonment of a unit, for desertion. In addition, criminal punishment is provided for voluntary surrender, looting and disruption of the state defense order.

After the outbreak of hostilities in Ukraine, the Russian side repeatedly denied plans to declare mobilization. Amendments on mobilization were adopted by the State Duma on the same day as the announcement of referendums on joining Russia in the DPR, LPR, as well as the Kherson and Zaporozhye regions controlled by the Russian military— everywhere voting is scheduled for September 23 & 27. The US and the EU said they did not recognize the results of the referendums, in Kyiv they said that the results of the vote “will not change anything.”

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