Conscription is a legal basis. Legal basis for military duty and military service
Military-type service is the most important type of civil activity on the territory of Russia. Naturally, such an important phenomenon should be regulated by law. What are the legal bases military service? From this article it will be possible to get an answer to this question.
About legal sources
Of course, the most important and largest source in the legal basis of military service is Russian constitution. It is worth paying attention to article 59 of the country's basic law. It is here that the defense of the state is spoken of as the obligation and duty of every citizen without exception. Article 59 enshrines the norm, according to which every capable Russian male under the age of 27 must perform military service in strict accordance with the Federal Law. However, if the citizen's beliefs are contrary to the bearing military duty, an alternative in the form of a type can be offered.
What else does the Russian Constitution say? It is worth highlighting Article 71, according to which the exclusive jurisdiction federal bodies include issues of peace and war, security and defense, protection of the state border, etc.
The legal basis for military service in Russia is not limited to the Constitution alone. There is a Federal Law "On military service and military service" of 1998. It is in this normative act that all the main provisions relating to the performance of military duties by citizens of the Russian Federation are fixed.
About military duty
The legal basis of military service in the form of the submitted bill consolidates the concept of military duty. According to the normative act, the concept under consideration is a combination of such elements as:
- stay in reserve;
- preparation for service;
- military call;
- military registration;
- call for military training.
The concept of military duty during the mobilization period is regulated separately.
The following components are worth noting here:
- call for service;
- military training;
- passage of service.
The law speaks of the existence of the principle of voluntariness, according to which citizens can fulfill their constitutional duty.
Responsibilities of public authorities
The legal basis of military service is a set of norms containing provisions on various elements of military-type service. Article 4 of the Federal Law under consideration establishes the rights and functions of state authorities in the field of military service. 
Officials responsible for military registration activities must promptly notify citizens of the need to come to the military commissariat, ensure the possibility of appearing at military registration and enlistment offices, and also send all documents necessary for military registration within two weeks.
The internal affairs bodies, in turn, should search for citizens who evade military registration, hand over subpoenas and detain individuals accused of evading military service.
The main measures to ensure military service
The legal basis for military service contains provisions on the implementation of measures that ensure the high-quality performance of military duties. What kind of activities can these be?
Article 5 of the bill under consideration refers to medical examination and examination, registration, formation of a human mobilization reserve, building military educational organizations, close cooperation of various public authorities with the Ministry of Defense, etc. The law establishes a fairly clear hierarchical structure, according to which persons involved in the provision and implementation of the presented activities should receive monthly earnings and travel expenses.
On the organization of military accounting
The result of the UCP of the legal foundations of military service was a clear and high-quality organization of military records. This phenomenon is legally fixed in Article 8 of the Federal Law under consideration. In accordance with 53-FZ, all citizens must undergo military service, with the exception of:
- persons already serving in the military;
- citizens who are in places of deprivation of liberty by a court decision;
- women who do not have a certificate of military specialty;
- people living outside Russian state on an ongoing basis;
- citizens in the alternative civil service.
Regional authorities of local self-government are able to submit a request to organizations to obtain information necessary for military registration, to notify citizens of the need to appear at the military registration and enlistment office, to determine the procedure for receiving citizens, etc. 
What information about a citizen should documents contain? This is a surname, name and patronymic, place and date of birth, education, place of work, degree of fitness for military service, anthropometric data, etc.
On the preparation of a citizen for military service
What elements, in accordance with Article 11 of the Federal Law under consideration, does preparation for military service include? The normative act contains data:
- on obtaining basic knowledge in the field of defense;
- on the basics of military service;
- about patriotic education;
- about medical examination;
- on training in military specialties (for a sailor, sergeant, foreman, etc.).
The acquisition of knowledge Russian citizens in the field of defense is carried out in educational organizations. The program includes the acquisition minimum quantity knowledge about civil defense and civil skills, as well as in the field of life safety. 
The legal foundations of military service in the Russian Federation also consolidate the concept of military-patriotic education. It is coordinated by the Government of the Russian Federation together with the Ministry of Defense. Training takes place directly in the troops. The program is financed from the state federal budget.
Conscription for military service
Articles 22-26 of the Federal Law under consideration establish the grounds for conscription for military service. According to separate regulations, all men aged 18 to 27 are subject to conscription, which must be registered with the military. Persons who are limitedly fit for military service due to health reasons, as well as citizens who have already completed military or civilian alternative service, are exempted from conscription. Persons with a degree in science may be exempted from service. 
Fixes the law and terms of conscription. These are always two periods: from April 1 to mid-July, from October 1 to the end of December. The call form looks like this:
- Appearance for a medical check and a meeting of the draft board;
- appearance at the place of military service specified in the agenda.
For all events, one way or another connected with the call, citizens are summoned by subpoenas. The recruitment committee is made up of the following persons:
- chapter municipality or a person replacing him;
- Deputy Chairman of the Commissariat;
- commission secretary;
- medical examiner;
- a representative of the relevant authority from the department in the field of education;
- employee from the employment service.
Depending on the region, the composition of the commission may be replenished with new persons. Reducing the composition is strictly prohibited.
Legal basis for military service under contract
How can you characterize a military contract? In accordance with article 32 of the law in question, this is a written document drawn up in the manner consistent with the Regulations on military service. 
The document is sent to the Russian Ministry of Defense or any other state body specializing in military service. The contract itself refers to the desire to do military service on a voluntary basis. The terms and conditions for the conclusion of the contract are indicated. The document comes into force from the moment of its signing and promulgation by an official.
The legal basis for military service under a contract is thus strictly regulated by the norms of the Federal Law.
On the performance of military duties
Each member of the armed forces, without exception, must perform the following duties:
- participate in hostilities, engage in tasks in a state of war or a state of emergency;
- perform official duties established by laws and charter;
- carry out combat duty;
- take part in exercises or cruises of ships;
- engage in the execution of orders or orders given by the commander;
- undergo military training and exercises;
- protect the health, life and honor of the individual;
- participate in the prevention and elimination of the consequences of natural disasters, disasters, etc.
Commanders, in turn, are prohibited from issuing orders that are not related to military service or violate the laws of Russia.
Topic 3.1. The concept and content of military duty in the Russian Federation.
Basic concepts of military service. Military duty, definition of military duty and its content. Military registration, compulsory preparation for military service, conscription, military service by conscription, stay in the reserve, conscription for military training and passing military training during the period of being in the reserve.
Organization military registration. Initial registration of citizens for military registration. Obligations of citizens in military registration. Organization of medical examination of citizens during initial military registration.
The main content of the mandatory preparation of a citizen for military service. Basic requirements for the individual psychological and professional qualities of young people of military age for recruiting various military positions (command, operator, communications and surveillance, driver, etc.). The main directions of voluntary preparation of citizens for military service. Occupation in military-applied sports. Additional training educational programs, with the aim of military training of underage citizens in general educational institutions of secondary (full) general education. Education under the training programs for reserve officers at military departments in educational institutions of higher vocational education.
Topic 3.2. Legal basis for conscription into the Armed Forces of the Russian Federation.
Legislation of the Russian Federation on conscription in the Armed Forces of the Russian Federation. Primary registration of citizens of the Russian Federation. Military Medical Commission. Categories of fitness for military service. Conscription. Time of conscription for military service, organization of conscription. The procedure for the release of citizens from military service and the provision of deferrals. Composition, duties and rights of the draft board. Responsibility of citizens of the Russian Federation for draft evasion.
Citizens of the Russian Federation subject to exemption from conscription for military service. Categories of citizens of the Russian Federation eligible for exemption from conscription for military service. They are not subject to military service. Deferment from conscription for military service. The right to deferment from military service. Problematic issues associated with military recruitment.
Topic 3.3. Passing military service under the contract and on conscription in the Armed Forces of the Russian Federation.
Features of the passage of military service on conscription. Passage of military service under the contract. Term of military service. Start of military service. End of military service. Military oath and obligation.
Military service contract. The first and new contract for military service. The procedure for concluding a contract for military service. Requirements for citizens entering the military service under the contract.
military posts. The procedure for appointment to military positions, imposition of temporary performance of duties in a military position, enrollment at the disposal of the commander (chief), release from military positions. General provisions dismissal from military service. The order of dismissal from military service.
Topic 3.4. Military ranks of military personnel of the Armed Forces of the Russian Federation.
Military ranks of military personnel of the Armed Forces Russian Federation. Compositions of military personnel and military ranks. Military and ship military ranks.
The procedure for conferring the first military rank. The procedure for assigning the next military rank. The rights of officials to confer military ranks. Terms of stay in military ranks, the rights of officials to confer military ranks and the procedure for conferring military ranks to citizens in the reserve.
Deprivation of military rank, reduction in military rank, restoration in military rank.
Topic 3.5. Legal status, social guarantees, rights and obligations of military personnel of the Armed Forces of the Russian Federation.
Laws of the Russian Federation defining the legal basis for the status of a serviceman. Guarantees of legal and social protection military personnel, citizens discharged from military service, and members of their families.
The status of a serviceman, the rights and freedoms of a serviceman. Benefits provided to military personnel who are in military service on conscription and under a contract. General rights of military personnel. General, official and special duties of military personnel.
Topic 3.6. Alternative civil service in the Russian Federation.
Legislation of the Russian Federation on alternative civil service. Citizens assigned to alternative civilian service. Place of passage by citizens of alternative civilian service. Term of alternative civilian service. Organization of alternative civil service. The procedure for passing the alternative civilian service.
The rights of citizens undergoing alternative civilian service, the social guarantees and compensations provided to them. Obligations of citizens undergoing alternative civil service, and restrictions on their rights and freedoms. Responsibility of citizens undergoing alternative civilian service. Grounds and procedure for dismissal from alternative civil service.
Issues under study:
1. Legal basis for military duty and military service.
3. Organization of military registration.
4. Mandatory preparation of a citizen for military service.
1. Legal basis for military duty and military service
The legal basis for military duty and military service is the Constitution of the Russian Federation, this Federal Law, other federal laws and other regulatory legal acts of the Russian Federation in the field of defense, military duty, military service and the status of military personnel, international treaties of the Russian Federation.
2. Conscription, its main components.
1. Military duty of citizens of the Russian Federation (hereinafter referred to as citizens) provides for:
- military registration;
- obligatory preparation for military service;
-conscription;
- military service on conscription;
- stay in reserve;
-call for military training and passing military training during the period of stay in the reserve.
2. During the period of mobilization, during the period of martial law and in wartime, the military duty of citizens is determined by federal constitutional laws, federal laws, and other regulatory legal acts Russian Federation and also provides for:
- call for military service on mobilization, during martial law and in wartime;
- military service during the period of mobilization, during martial law and in wartime; military training during martial law and in wartime.
3. Citizens are released from the performance of military duty only on the grounds provided for by this Federal Law.
4. Citizens have the right to fulfill their constitutional duty to defend the Fatherland by voluntarily entering military service in the manner prescribed by this Federal Law.
5. Citizens have the right to replace military service with alternative civilian service in accordance with the Constitution of the Russian Federation and federal law.
6. The performance of military duty by citizens is ensured within their competence by public authorities, other government bodies and institutions, organizations, regardless of organizational and legal forms and forms of ownership (hereinafter referred to as organizations) and their officials.
7. Compensation for expenses incurred by organizations and citizens and in connection with the implementation of this Federal Law is an expense obligation of the Russian Federation and is carried out in the manner determined by the Government of the Russian Federation.
3. Organization of military registration
1. Citizens are required to be registered with the military, with the exception of citizens: exempted from military duty in accordance with this Federal Law;
- performing military service or alternative civilian service;
- serving a sentence of imprisonment;
-female, who do not have a military registration specialty;
- permanently residing outside the Russian Federation.
1.1. The procedure and features of the military registration of citizens serving in the internal affairs bodies, the State Fire Service, institutions and bodies of the penitentiary system and bodies for controlling turnover drugs And psychotropic substances in the positions of a row of legs about and commanding staff, are determined by the Government of the Russian Federation.
2. Military registration of citizens is carried out at their place of residence by wearable commissariats.
. Military registration of citizens with military ranks of officers and who are in the reserve of the Service foreign intelligence Russian Federation and in stock Federal Service security of the Russian Federation, is carried out by the said bodies in the same manner as determined by this Federal Law.
4. Documents of military registration must contain the following information about a citizen:
- surname, name and patronymic;
-Date of Birth;
-location;
-Family status;
-education;
-place of work;
- fitness for military service for health reasons;
-professional suitability for training in military registration specialties and for military service in military positions;
-basic anthropometric data;
- military service or alternative civilian service;
- passage of military training;
-ownership foreign languages;
-presence of military registration and civil specialties;
- the presence of the first sports category or sports title;
- initiation or termination of a criminal case against a citizen;
- the presence of a criminal record;
-reservation of a citizen who is in reserve, for a state authority, local government or organization for the period of mobilization and in wartime.
5. The collection, storage, use and dissemination of information contained in military registration documents are carried out in accordance with federal law.
6. The procedure for military registration of citizens is determined by this Federal Law and the Regulations on military registration, approved by the Government of the Russian Federation.
7. Bodies of state power, organizations and their officials perform the duties of organizing and maintaining military registration of citizens in accordance with this Federal Law and the Regulations on military registration.
8. Citizens permanently residing outside the Russian Federation and who have expressed a desire to perform military service by conscription in military positions filled by soldiers, sailors, sergeants and foremen in the Armed Forces of the Russian Federation, other searches, military formations and bodies, can be put on military registration and military commissariats on the territory of the Russian Federation in the manner determined by the Regulations on military registration, subject to the conclusion and ratification by the Russian Federation of relevant international treaties.
Initial registration of citizens for military registration
1. The initial military registration of male citizens is carried out in the period from January 1 to March 31 in the year they reach the age of 17 by the commission for military registration of citizens created in the military commissariat
2.
Officials of organizations or educational institutions are obliged to provide citizens working or studying in these organizations or institutions with the possibility of timely appearance on the agenda of the military commissariat for military registration.
3. In the event that citizens subject to military registration do not work or study, upon receipt of the summons from the military commissariat, they are obliged to personally arrive at the military commissariat at the place of residence for initial military registration.
4. The initial military registration of female citizens after they have received a military registration specialty, as well as persons who have received citizenship of the Russian Federation, is carried out by the military commissariat throughout the calendar year.
5. The commission for the registration of citizens for military registration has the following composition:
- the military commissar of the relevant territory (hereinafter - the military commissar) or the deputy military commissar - the chairman of the commission;
- a representative of the local administration;
-professional specialist psychological selection;
-secretary of the commission;
-specialist doctors.
6. The commission for military registration of citizens is obliged to organize a medical examination of citizens, determine their fitness for military service for health reasons, take measures for professional psychological selection of citizens to determine their suitability for training in military registration specialties and decide on putting a citizen on military registration or submit for consideration by the draft commission the issue of enlisting a citizen recognized as partially fit for military service, or the issue of exemption from military duty of a citizen recognized as unfit for military service. service.
7. The chairman of the commission for placing citizens on military registration or, on his behalf, the secretary of the commission is obliged to announce to the citizens the decision of the commission and explain their duties on military registration.
Obligations of citizens in military registration
1. In order to ensure military registration, citizens are obliged to:
- to be registered at the place of residence in the military commissariat, and citizens who have military ranks of officers and are in the reserve of the Foreign Intelligence Service of the Russian Federation and in the reserve of the Federal Security Service of the Russian Federation - in said bodies.
- show up at set time and place on call (summon) to the military commissariat at the place of residence or place of temporary stay;
- upon dismissal from military service to the reserve of the Armed Forces of the Russian Federation, appear within two weeks from the date of their exclusion from the lists of personnel of the military unit to the military commissariat at the place of residence for military registration;
- report within two weeks to the drinking commissariat at the place of residence about a change in marital status, education, place of work or position, place of residence within the district, city without district division or other municipality;
-
be removed from military registration when moving to a new place of residence or place of temporary stay (for a period of more than three months), as well as when leaving the Russian Federation for a period of more than six months, and enter military registration within two weeks upon arrival at a new place of residence, place of temporary residence or return to the Russian Federation;
-carefully store a military ID (a temporary certificate issued in exchange for a military ID), as well as a certificate of a citizen subject to conscription for military service. In case of loss of these documents, within two weeks, contact the military commissariat or other body that carries out military registration at the place of residence to resolve the issue of obtaining documents to replace the lost ones.
2. Citizens subject to conscription for military service, leaving during the period of conscription for a period of more than three months from their place of residence, must personally report this to the military commissariat at the place of residence.
3. Citizens also perform other duties established by the Regulations on military registration.
4. Mandatory preparation of a citizen for military service
1.
Mandatory preparation of a citizen for military service provides for:
-obtaining basic knowledge in the field of defense;
- training on the basics of military service in an educational institution of secondary (complete) general education, educational institution primary vocational and secondary vocational education and at educational centers of organizations;
-military-patriotic education;
- training in military specialties of soldiers, sailors, sergeants and foremen in the direction of the military commissariat;
- medical examination And medical examination;
- Carrying out medical and recreational activities.
2. Mandatory training of citizens for military service is carried out in the manner determined by the Government of the Russian Federation.
5. Voluntary preparation of a citizen for military service.
1. Voluntary preparation of a citizen for military service provides for:
- training in military-applied sports;
- training in additional educational programs aimed at military training of underage citizens in educational institutions of secondary (complete) general education, as well as in military bands of the Armed Forces of the Russian Federation, other troops, military formations and bodies (hereinafter referred to as military bands);
- training under the training program for reserve officers at military departments at a state, municipal or state-accredited non-state educational institution of higher professional education in the relevant areas of training (specialties).
2. Voluntary training of citizens for military service is carried out in the manner determined by the Government of the Russian Federation.
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