Alternative civilian service is an opportunity provided by the state to avoid military service under the existence of certain conditions, and which ones, more about this later.
Normative regulation
The replacement of military service with alternative civilian service is under the tutelage of the Federal Law at number 113. The bill was signed by the president and published on the 25th of the second month of summer (July) in 2002. This legal act regulates social relations that are related to the realization of the right of every citizen of a man to replace military service with another type of activity. It is important to note that this rule applies exclusively to young people who are required to serve in the army upon conscription. Alternative civilian service is a real opportunity to avoid a harsh regime by providing in return skills, education and years of experience.
About the general provisions
Article 1 of the aforementioned federal law gives the following definition: alternative civil service is a type of special activity that is performed by a specific person in the interests of not only the state, but also society. The service is recognized as alternative in the case when citizens are obliged to perform labor activities instead of the conscription service.
The Alternative Civil Service Act also points to a specific area of regulation. The primary act among the whole variety of laws is the Constitution of Russia. Further, according to legal force, they are followed by the FKZ and federal laws. By-laws, as well as international standards that are duly ratified in Russia, are also the legal source governing the situation of citizens in civil service.
Replacement Terms
Replacement of military service with alternative civilian service is possible only under certain conditions, which are also listed in Federal Law No. 113.
The first condition is the inability to perform conscription services related to religious beliefs or religion. Indeed, many religions prohibit the commission of hostilities against a person, or otherwise say that to serve is sinful.
Another condition is related to the lifestyle of a particular person. Thus, the law says that the right to an alternative civil service can be exercised by a representative of a small nation who leads a lifestyle that is closely related to agriculture, engages in crafts, and lives and earns by leading a traditional lifestyle similar to as such in the early historical stages of human development. In fact, interpreting the words of the legislator, we can conclude that people who have been engaged in traditional crafts all their lives will not be able to be useful to the state when serving.
Conditions for males sent to service
The Federal Law “On Alternative Civil Service” defines the internal conditions for those who have the right to transition. So, article 3 says that:
- The type of service under consideration is carried out only by men whose age varies between 18-27 years.
- Male persons must necessarily have the right to replace military service, respectively, all the above conditions must be observed.
- A man should not be in stock.
The above conditions are actual, that is, they come from certain living conditions. There are also formal conditions to which the following belongs:
- Filing an application in person to the commissariat, which indicates the need to replace military service with civilian alternative service.
- The drafting committee must make an appropriate decision in the manner prescribed by laws and regulations.
Not all citizens, even those with a reason for exemption, can go to alternative service. So, the provisions of federal law do not apply to males who:
- They are exempted from military service due to the grounds specified in the law "On Military Duty".
- For example, women are not called up for military service.
- They have grounds or they were granted a deferment from the draft.
Service Location
Alternative civil service is a type of activity, the peculiarity of which is the presence of labor relations, which can be performed both individually and as part of any formations clearly defined by law:
- Organizations that are subordinate to federal executive bodies .
- Organizations that belong to the authorities of the subjects.
- In formations that belong to organizations of the Armed Forces of the state, but as civilian personnel.
As practice shows, citizens undergo alternative civilian service outside the entity in which they permanently reside.
Special measures are applied to persons who are part of a small nation. The duty of military service also does not apply to them; alternative civilian service takes place at the place of business. The list of posts, as well as jobs at which alternative service is possible, is approved by the Government of Russia.
When choosing a position or occupation, it is necessary to take into account the level of education of a citizen, his previous occupation, specialty, work experience, qualifications, as well as other kinds of qualities and skills that may be useful during the service.
Life time
Alternative civil service is a duty that is limited to a certain period. The Federal Law No. 113 says that the period of alternative civilian service exceeds by 1 whole 75 hundredths the length of service on conscription. This means that there is no clearly defined date, if the term of military duty changes, the alternative will also undergo changes in the above proportion.
To date, the alternative civilian service is 42 months, and for graduates of higher education institutions - 21 months. In the event that citizens perform alternative service in the RF Armed Forces, the duration of this activity is 3 years, and for those who graduated from a higher educational institution - 18 months.
The alternative service countdown starts from the day the person departed for the service. The date is indicated by the military commissariat. The end date of the service shall be considered the day of termination of the contract that was concluded with the person in connection with the dismissal from the service.
Days not counted in the service life
There are certain days that cannot be taken into account during the service life, namely:
- Absenteeism Since this activity, along with the above-mentioned normative legal acts, is regulated by the Labor Code of the Russian Federation, absenteeism means the absence of an employee at the workplace at a time specified by the contract or instruction for more than 4 hours continuously during the labor period.
- Additional leave , which is provided by the employer for training in educational organizations, does not count towards the service life.
- The time of criminal punishment, served in places of detention, or administrative - in the form of arrest.
- The performance of work duties while intoxicated , as well as the appearance at the workplace.
Service Organization
The first requirement for an alternative type of service is related to the legislation of the Russian Federation, which fully regulates this type of activity. The direct participants organizing the service are the subjects of the Russian Federation. These participants perform the following functions:
- Provide a list of vacant specialties that are suitable for this type of service. The federal authorities make proposals to improve the types of work, to expand their list, and also provide up-to-date information regarding professions, positions and all persons involved.
- They keep records of organizations that are subordinate to the entities and suitable for undergoing the type of service under consideration.
- They receive and send to the appropriate authorities the necessary information about citizens who arrived to serve.
- They exercise control over the implementation of legislation, the legality of the concluded labor contract, as well as its execution.
Thus, comparing modern Russia with the Soviet Union, it can be noted that many citizens are given a real opportunity to repay their debt to their homeland without putting their shoulders on shoulder straps. Certain exceptions are provided for by military duty. Alternative civil service, in turn, provides the right to repay debt to your country in a different form.