Where to complain if mobilized by mistake?

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Partial mobilization does not include people with a certain category of fitness, working in a number of institutions, as well as those associated with social obligations to children or parents. However, it may happen that in the military registration and enlistment office such a person is still recognized as fit for service. This can happen by mistake, which can be corrected. We tell you how to do it.

What to do?

If, according to the law, you do not fall under mobilization, but you have received a summons, you must first request from the military registration and enlistment office that made the decision and take an extract from the minutes of the meeting of the draft commission on the issuance of the appropriate decision (conclusion). Then this conclusion must be appealed as soon as possible either to the recruitment commission of the subject or to the district court. The main thing is to complain to a higher authority. For example, if you were found fit in the district commissariat, you can complain to the regional commissariat.

Suppose you received a summons, and it says that you need to appear at the military registration and enlistment office, but you do not have time to collect the documents. It is absolutely necessary to appear so that they are not recognized as a deviationist. Next, there are several options. First, you can write the application yourself. Secondly, you can hire a lawyer. Thirdly, you can write a power of attorney for relatives, according to which they will hire a lawyer. Remember that if you cannot file documents yourself, only persons with a higher legal education or lawyers can be your representatives in court.

An administrative statement of claim can be sent by registered mail or with a description of the attachment. The application can be written by hand on paper. The document must indicate the full name of the plaintiff, his address of registration and residence, phone numbers, email address. Or similar information about the representative of the plaintiff. Next comes the name of the commission (administrative defendant) and its address. 

If you think that you do not fall under mobilization, you must notify the military commissar about this, provide him with documents confirming this, or indicate your intention to present them if they are not ready at the moment.

Depending on your reason for the delay, the application must be accompanied by documents proving eligibility for it. This may be a birth certificate of children, a marriage certificate, a wife's pregnancy, a certificate of disability of a relative, training at a university, a medical certificate on the state of health of a conscript confirming the presence of a disease. In any case, it is better to give identification documents of everyone you mention (passport, birth certificate). It is better to provide extra documents in order to increase the chances of success. 

An administrative claim can be filed with the court within three months from the moment the citizen became aware that his rights were violated (in this case — the summons was erroneously delivered).

Such a complaint must be considered within five days in accordance with the law “On military duty and military service”. 

However, the founder of the Russian Association of Lawyers of Law Enforcement Departments “Gvardiya”, lawyer Oleg Zherdev, in an interview in aif.ru, noted that the court is not the best method for asserting one's rights to deferment of mobilization.  

“Mobilization activities are carried out within one to three days. After receiving the summons, the person must appear “tomorrow”, in a very rare case it may be “the day after tomorrow”. A person does not have time to submit documents to the court in any way. If the decision on mobilization is made, the court will not meticulously examine the circumstances of filing an administrative risk, », — said the lawyer. 

If there is a day or more, the real method of solving the case, in his opinion, is to go to the district commissariat, then to the regional one with all possible documents. The next stage, if the problem is not resolved at the previous ones, go to the military prosecutor's office or local authorities. 

In addition, if there is very little time, just a few hours, you can complain to the military (in extreme cases, even civilian) the prosecutor's office and the media, explained the founder of the Russian Association of Lawyers of law enforcement agencies “Gvardiya” Oleg Zherdev. 

The military prosecutor has two methods of response. The first is a protest, the second — this is a warning against the law. 

What to do if you are unfit for health or social status?

There are five categories of suitability and the first two (A and B) of them fall under mobilization. Category means that a person is of limited fitness. This category of citizens is not currently being called up for military service, as Secretary of the Presidential Human Rights Council Alexander Tochenov said. Category D says that a person is temporarily unfit, D — absolutely unsuitable. C, D and D categories are not subject to conscription.

If you think that the category on the military ID does not correspond to the true state of affairs, you must immediately submit documents for a second medical examination. If you have a chronic or other disease, you should take care in advance of fresh medical certificates that you can present in your defense.

Remember that persons who are the sole guardians of incapacitated people, single parents, parents with four or more children under the age of 16 or three children and a wife who is pregnant for at least 22 weeks are not subject to mobilization.

Back to newsThis category includes employees of accredited IT companies with relevant higher education and full-time employees, mission-critical communications operators. In addition, citizens who work in backbone media organizations, employees of organizations that ensure the stability of the national payment system, that is, those working in state financial institutions, will receive a deferment.

For example, Sber IT specialist Viktor Bugreev, who recently received a summons, was released after a complaint to the media and subsequent proceedings.

IT, communications and media professionals who are eligible for a deferral but have been denied must do the following. First, you need to get a package of documents from your organization signed with an enhanced qualified electronic signature of the CEO. 

When you personally appear at the military registration and enlistment office, you need to take the following documents with you for presentation: 

— original or certified copy of the employment contract with the employer; 
— diploma of specialized higher education; 
— an extract from the register of state accreditation of the company-employer in the field of IT, certified by the general director of the company or a person authorized by him; 
— a certificate from the place of work, signed by the CEO or a person authorized by him, stating that the employee is involved in the development, development, implementation, maintenance and operation of IT solutions or in ensuring the functioning of the information infrastructure.

Next, you need to send a package of documents to Ministry of Digital Development to [email protected] The Ministry of Digital Transformation will process the received documents and send them to the Ministry of Defense.

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Источник aif.ru

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