How to appeal the decision of the draft board. Step-by-step instruction.

The draft commission is a special temporary collegial body formed at the military registration and enlistment office or its territorial department. He makes a decision on conscription for military service or exemption from it, granting a deferment, etc. The conscription commission brings together representatives of various departments.

Until the end of the 2000s, military commissariats existed at the level of both federal subjects (regions, republics, territories, etc.) and districts (district, city in cities without division into districts, inter-district). Now in each subject of the federation there is only one military registration and enlistment office, and in the regions there are its departments. But draft commissions are still created at both levels. They have a similar composition, but different tasks.

1. The draft commission at the district department of the military registration and enlistment office (hereinafter referred to as simply the draft commission) is, so to speak, the first instance. It makes decisions on conscription, release, deferment from conscription, and conscripts attend its meetings. Typically, most young people only encounter this level.
2. The draft commission at the military commissariat (hereinafter referred to as the draft commission of the subject of the federation) is the second instance. In controversial cases, it approves or cancels the decisions of draft commissions, and changes them. It also ensures interaction between the Ministry of Defense and the authorities of the constituent entity of the federation.

Evgeniy Godov
lawyer

The composition and powers of conscription commissions at both levels are established by the Federal Law “On Military Duty and Military Service” No. 53-FZ of March 28, 1998 (hereinafter referred to as the Law). Three articles are devoted to these issues in the fourth section, “Conscription of citizens for military service”: Article 27, Article 28, Article 29. Let’s talk about them in more detail.

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A typical meeting of a typical draft commission (district level). Please note: everything is organized so that the conscript is in the most humiliated, psychologically uncomfortable state. Half of the commission members are women, and the young man is wearing only shorts. The commission is sitting, the young man is forced to stand. And, of course, the absurdity of the coronavirus era: wearing only shorts, but wearing gloves and a mask. By the way, everyone is wearing masks correctly: they completely cover both mouth and nose. But half the members of the draft commission do not have gloves.

The decision of the draft commission can be appealed

Depending on the circumstances of the case, extrajudicial and (or) judicial appeal is allowed (clause 7 of article 28, clause 4 of article 29 of the Law of March 28, 1998 No. 53-FZ; Article 15 of the Law of July 25, 2002 No. 113-FZ ).
New: Judicial practice on challenging the decision of the draft commission

Reference.

Decision and conclusion of the draft commission

The draft commission makes the following decisions (clause 1, article 28 of Law No. 53-FZ):

- about conscription for military service; - on assignment to alternative civil service; — on granting a deferment from conscription for military service; — on exemption from conscription for military service; - about enlistment into the reserve; - on exemption from military duty.

The conscription commission may also issue a conclusion recognizing a citizen as having failed military service under conscription without legal grounds (clause 1.1 of Article 28 of Law No. 53-FZ).

Conscription Commission (district level)

The conscription commission is created by the decision of the head of the municipality on the proposal of the head of the district department of the military registration and enlistment office, as a rule, for the period of the conscription campaign. Article 27 of the Law establishes the following composition of the draft commission:

• the chairman of the commission is the head of the local administration or his deputy;
• deputy chairman of the commission - an official of the military registration and enlistment office, as a rule, the head of the district department or his deputy;
• secretary of the commission - someone from the staff of the district department of the military registration and enlistment office;
• a member of the commission is a senior doctor of the district department of the military registration and enlistment office who organizes the medical examination of conscripts;
• a member of the commission is a representative of the territorial unit of the Ministry of Internal Affairs in the relevant municipality (district or city department);
• a member of the commission is a representative of the local education authority (district department - in the old RONO or city department, if there are no districts in the city).

This is the basic, mandatory composition of the draft commission - only six people. If necessary, it can be expanded by representatives of other departments. For example, if a large number of conscripts join the ranks of the Russian Guard, it is logical to include in the commission a representative of the FSVNG (Federal Service of National Guard Troops) in this subject of the federation (the department does not form district departments).

Evgeniy Godov

lawyer

In fact, an additional member of the commission usually appears if among the conscripts there are those who wish to undergo alternative civilian service. Then the commission includes a representative of the local department of labor and employment services. But this does not happen very often, because over the years of the existence of the alternative civil service, young people have realized that there are much more disadvantages than advantages.

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More information about the chairman of the draft commission

Please note that the chairman of the commission is not the head of the military registration and enlistment office, but the head of the local administration or his deputy (not necessarily the first). Let us clarify here: not the head of the municipality (this position can be held by the chairman of the municipal representative body), but the head of the local executive and administrative body.

• For most cities divided into districts, this will most likely be the head of the territorial department of the city administration for a given area - the deputy head of the city administration. Because independent municipalities are not formed at the district level; these are just territorial units of a single city municipality.
• In the regions of Moscow, St. Petersburg and Sevastopol - cities of federal significance, subjects of the federation, as a rule, their own municipalities are formed, separate from the city authorities. Therefore, draft commissions there are headed by elected heads of municipal administrations.
• If some inner-city territories of Moscow, St. Petersburg or Sevastopol have their own department of the military registration and enlistment office, but there is no municipality, the chairman of the commission will be a representative of the mayor’s office. Most likely, the head of the council (not to be confused with the municipal administration) of the corresponding territory.

In theory, the primacy of municipal authorities over the military registration and enlistment office should ensure the protection of the rights of conscripts. In fact, local self-government in Russia is in a very sad situation, and the work of the conscription commission is actually led, of course, by the head of the district department of the military registration and enlistment office. There are exceptions, but quite rarely, when the local administration is headed by an active, legally elected politician.

How to appeal the decision of the draft commission of the military registration and enlistment office

As a general rule, the chairman of the draft commission is obliged to announce the decision (conclusion) to the citizen in respect of whom it was made (made).

Upon a written application from a citizen submitted to the military commissariat, an extract from the minutes of the meeting of the draft commission on the corresponding decision (conclusion) is issued.

Statement

on the issuance of an extract from the minutes (decision, conclusion) of a meeting of the draft commission (form)

Within five working days

from the day the application is submitted, an extract from the protocol is issued to the citizen in person or sent by registered mail with return receipt requested to the address specified in the application (clause 6 of Article 28 of Law No. 53-FZ).

If a citizen does not agree with the decision (conclusion) made by the draft commission, he can appeal it to the draft commission of the relevant constituent entity of the Russian Federation.

New: Judicial practice on challenging the decision of the draft commission

The complaint must be filed within three months

from the date of the appealed decision (conclusion).

Statement

on appealing the decision of the draft commission (form)

The draft commission of a constituent entity of the Russian Federation considers a complaint against the decision of the draft commission within five working days

, and for the conclusion of the draft commission - within
a month
from the date of receipt of the complaint by the draft commission (Clause 7, Article 28 of Law No. 53-FZ).

Deadlines for conscription commissions

Conscription commissions of both levels are created for the period of conscription. Accordingly, they are valid during the same periods: from April 1 to July 15 (spring conscription) and from October 1 to December 31 (autumn conscription). Commissions of the subjects of the federation are formed for these periods; commissions in individual regions can be created for shorter periods, depending on the special conditions of the duration of the conscription campaign.

In reality, draft commissions start working a little later and finish a little earlier than the formal deadlines. In the first week or two, the district departments of military registration and enlistment offices accumulate a certain number of conscripts recognized as fit, and then the conscription commissions begin to announce their decision and issue summonses to assembly points. It is necessary to physically send recruits to their places of service before the end of the conscription campaign, so in the last week or two meetings of the conscription commission may no longer be held.

How to appeal the decision of the draft commission in court

As a rule, you can appeal the decision (conclusion) of the draft commission to the court at the same time as filing a complaint out of court. However, only judicial procedure is allowed.

New: Judicial practice on challenging the decision of the draft commission

For example, the decision of the conscription commission of a constituent entity of the Russian Federation, the decision of the conscription commission to refuse to replace conscription military service with an alternative civil service (clause 7 of article 28, clause 4 of article 29 of Law No. 53-FZ; part 1 of article 15 of Law No. 113-FZ).

In order to invalidate the decision of the draft commission in court, we recommend adhering to the following algorithm.

How does the medical examination from the commissariat proceed?

According to the standard, the medical commission not only performs a medical examination of young men, but also helps determine their suitability for service by assessing medical documentation. This will eliminate errors and oversights by doctors, the likelihood of which is quite high, especially considering the number of conscripts and the small composition of the medical commission.

You will undergo the procedure with seven doctors of different specializations. The standard “set” includes a surgeon, psychiatrist, neurologist, otolaryngologist, therapist, ophthalmologist and dentist. The task of these specialists is to determine the category into which a potential candidate can be classified. Depending on their health status, young people may be awarded the following categories:

Each fitness category must be confirmed by a commissariat commission, so military verification is carried out carefully.

Prepare an administrative claim and necessary documents

The administrative statement of claim shall indicate (part 2 of article 125, part 2 of article 220 of the CAS of the Russian Federation; clause 4 of the Review, approved by the Presidium of the Supreme Court of the Russian Federation on December 20, 2016):

1. Name of the court to which the application is filed.

2. Information about the plaintiff: full name, place of residence or place of stay, date and place of birth, telephone and fax numbers, email address.

If the statement of claim is filed by a representative, the full name must be indicated. representative, postal address, telephone and fax numbers, email address, information about whether the representative has a higher legal education.

3. The draft commission, the decision (conclusion) of which is being disputed.

4. Name, number and date of adoption of the contested decision (conclusion).

5. Information about what rights and legitimate interests of the administrative plaintiff are violated, or about the reasons that may lead to a violation of the plaintiff’s rights.

6. Regulatory legal acts for compliance with which the contested decision (conclusion) must be checked.

7. The content of the demands (for example, to recognize the decision of the draft commission as illegal and cancel it), as well as the rationale and arguments on which the plaintiff’s demands are based.

8. Information about filing a complaint out of court and the results of its consideration (if such a complaint was filed).

9. List of attached documents and information about the impossibility of attaching any of the necessary documents.

Administrative claim

on declaring illegal the decision of the draft commission (form)

The following must be attached to the administrative statement of claim (parts 1, 3 of article 55, parts 4, 5, 8 of article 57, part 1 of article 126, part 3 of article 220 of the CAS RF):

1) notification of delivery of copies of the statement of claim with attachments to the parties participating in the case. If copies were not sent to the parties to the case, copies of the statement of claim with attachments according to the number of parties involved in the case are submitted to the court;

2) a document confirming payment of the state duty or the right to receive benefits for its payment, or a request for a deferment, installment plan, or reduction in the amount of the state duty, with the necessary documents attached.

Reference.

State duty amount

The state fee when filing an administrative claim to recognize the decision (conclusion) of the draft commission as illegal is 300 rubles. (Clause 7, Clause 1, Article 333.19 of the Tax Code of the Russian Federation);

3) a power of attorney certifying the powers of the representative of the administrative plaintiff, as well as a diploma of higher legal education of the representative or an academic degree in a legal specialty;

4) documents confirming the circumstances on which the claims in the statement of claim are based, as well as documents on appealing the decision (conclusion) of the draft commission out of court;

5) other documents confirming the plaintiff’s claims.

An administrative claim is submitted to the court in writing on paper. In this case, the signature of the plaintiff (the representative - if the latter has the authority to sign such a statement and present the statement of claim to the court) and the date of signing the statement (Part 1 of Article 125 of the CAS RF) are affixed to the copy of the plaintiff’s statement of claim.

New: Judicial practice on challenging the decision of the draft commission

Also, the application can be sent electronically through the GAS “Justice” system if there is a technical possibility in court (part 2 of article 45, part 8 of article 125, part 1 of article 220 of the CAS RF; part 4 of article 12 of the Law dated June 23, 2016 N 220-FZ).

Submit an administrative claim to the court

An administrative claim is filed with the court within three months from the moment the citizen became aware of a violation of his rights, freedoms and legitimate interests (Part 1 of Article 219 of the CAS RF).

Missing the deadline is not grounds for refusing to accept the application for court proceedings.

The reasons for missing the deadline for going to court are clarified at a preliminary court hearing or court hearing. A deadline missed for a good reason can be restored by the court (Parts 5, 7, Article 219 of the CAS RF).

As a general rule, an administrative claim to challenge decisions of government bodies and organizations vested with certain state or other public powers is filed with the district court at the location of the government body or organization or at the place of residence of the administrative plaintiff (Article 19, Part 1 of Article 22 , Part 3, 4 Article 24 CAS RF).

If the location of the specified authority or organization does not coincide with the territory over which their powers extend, an administrative claim is filed with the court of the district to the territory of which the powers of the authority or organization extend, or at the place of residence of the administrative plaintiff (Part 2 of Article 22 CAS RF; clause 8 of the Resolution of the Plenum of the RF Armed Forces of September 27, 2016 N 36).

How to pass a medical examination at the military registration and enlistment office

You need to undergo a medical examination at the military registration and enlistment office according to a certain algorithm, which is specified in the legislation, and which you must adhere to if you want to get a reliable result:

• Having received the summons, you need to come to the military registration and enlistment office and report to the office;
• the personal file will be sent to the doctor, and the person will be directed to the right office, where he will have to wait his turn to begin the examination;
• upon entering the office, the doctor will conduct an examination and consultation, asking about health-related complaints (they need to be confirmed with medical documents, so it is important to take them with you);
• if necessary, the doctor will issue a referral for additional examinations to confirm the fact of the disease or check the rationality of the conscript’s complaints.

Exactly the same algorithm for passing other doctors, which is repeated until the examinations at the commissariat are completed. On average, each conscript takes a doctor from 5 to 15 minutes, but since the number of conscripts is large and there is a need for additional research, the procedure takes at least 2-6 hours, or even more.

Further, the data received at the medical examination is processed. The doctor employed by the commissariat cannot make diagnoses - he only records existing data. If a diagnosis has not been made, the medical commission may send the conscript to undergo an examination to find out the exact diagnosis at an independent medical center. institution.