Who is given a deferral "for family reasons"

Another call-up of young Russian citizens for military service has shown that they are being reformed (read - permanently reduced) The Armed Forces almost have enough of those recruits who, not having the right to deferral and release (on more than 20 grounds), conscientiously came to the recruiting stations, so that then for two years to pull the soldier's (sailor's) shoulder strap. As has already happened in recent years, about every fifth citizen of our country of military age has joined the ranks.

By the way, a trend that has not been observed since the heyday of Soviet patriotism has begun to manifest itself: individual young men who have the legal right not to serve at all or to postpone the performance of military duty for a while come to the military enlistment offices with a request to draft them into the army or navy. This would be a good thing if only well-fed, law-abiding citizens lived in Russia and there were no cases when people want to join the Armed Forces either from hunger, or to get serious training in combat units, which can then be quite useful for getting their daily bread or in some "sports" organization.

But we will not expand on this topic. Today we will simply answer our readers the question of who and in what cases is entitled to a delay from conscription for so-called family reasons. Agree, in peacetime, when the Armed Forces finally do not lack for conscription resources, the question is appropriate. Let a person solve family problems, and then honestly fulfill his military duty.

So, in accordance with what law is this deferral granted? Just remember the title: Federal Law of the Russian Federation" On Conscription and Military Service " No. 53-FZ of March 28, 1998. Since it entered into force on April 2, 1998, article 24 of this Law defines the grounds for granting deferral "for family reasons".

It is given to citizens:

- those who are engaged in permanent care of their father, mother, wife, sibling, grandfather, grandmother or adoptive parent, if there are no other persons required by law to support these citizens, and also provided that the latter are not on full state support and are in need for health reasons in accordance with the conclusion of the state service body medical and social expertise at the place of residence of citizens called up for military service, in constant outside care (assistance, supervision) or are disabled people of the first and second groups, have reached the retirement age for old age or have not reached the age of 18 years (subclause " b " of paragraph 1 of Article 24);

- having a child brought up without a mother (subclause " b " of clause 1 of Article 24);

- having two or more children (subclause " d " of clause 1 of Article 24);

- having a child under three years of age (subclause " d " of clause 1 of Article 24);

- whose mother (father), in addition to them, has two or more children under the age of eight or a disabled person from childhood and raises them without a husband (wife) (subclause " e "of clause 1 of Article 24 of the Federal Law "On Military Duty and Military Service"),

Immediately note that the deferral can be granted to citizens repeatedly-up to the age of 27. After this time limit, a failed soldier in peacetime is completely released from military service and enlisted in the reserve in case of war or other serious event.

And now let's decipher, at the request of our readers, some definitions of the above sub-paragraphs of paragraph 1 of Article 24 of the Law. For example, the question is who can be considered persons who have reached the retirement age due to old age? This question is answered by Article 242 of the Labor Code, according to which the retirement age comes upon reaching 60 years for men and 55 years for women.

Who can be considered to be actually dependent on the conscript? Here, the latter must prove that the disabled persons were actually and are on his full support or received and are receiving from him assistance that is a permanent or main source of their existence.

Full state support involves the maintenance of family members of a conscript in state institutions such as homes and boarding schools for the elderly, disabled, orphanages, psychoneurological and tuberculosis dispensaries... Students in various military educational institutions also belong to the category of those who are on full state support.

If someone has the idea to take your grandmother out of a nursing home for the period of conscription, so that on this basis you can regularly receive deferrals, then it is better not to do this: the military commissariat will thoroughly check everything, and instead of deferral you will get, as they say, from a dead donkey's ears.

And how, for example, can you comment on the provision of subclause " b " of clause 1 of Article 24 "if there are no other persons required by law to support these citizens"? Definitely, if a conscript has adult able-bodied brothers and sisters, although they live far away from their parents (grandparents and other close relatives in need of care) and do not provide assistance to the latter, they are not entitled to a postponement.

But the presence of brothers (sisters) who do not comply with the requirements of the Family Code of the Russian Federation in terms of caring for parents is still taken into account in the Decree of the President of the Russian Federation and the corresponding Order of the Minister of Defense No. 227 of June 13, 1996 "On additional measures of social protection of military personnel undergoing military service These normative legal acts determine that citizens who have sick and retired parents, who are not granted a deferral from conscription on the basis of the presence of other persons required by law to deliver maintenance to their parents and take care of them, are sent for military service near the place of residence of their parents. The mechanism of implementation of this provision was discussed in detail in the previous Reference Point for the Recruit (Reference Point No. 5 for 1999).

It would be useful to explain what the reason for deferral "having a child raised without a mother" means. After all, someone may think about the possibility of a fictitious divorce on the subject of "zakos" from the army. It makes sense for such clever people to look into the Family Code of the Russian Federation, which stipulates that if the spouses have divorced and the father and child live separately, then in this case the mother has the right to take part in the upbringing of her child (Article 66 of the RF IC). The right to a postponement arises only in such grievous cases when the spouse, God forbid, has died or her parental rights are restricted by law (by a court decision).

As you know, not only citizens who will serve as ordinary soldiers are subject to conscription, but also those who, after graduating from, say, a higher educational institution (with a military department), are enrolled in the reserve with the assignment of a military officer rank. The latter are entitled to a postponement only if there are grounds provided for in paragraphs " b " and " c " of paragraph 1 of Article 24 of the Federal Law of the Russian Federation "On Military Duty and Military Service". Other grounds given in this article do not apply to them.

In conclusion, it should be added that a deferral from conscription for family reasons is granted to guys burdened with worries only after a comprehensive examination of their marital status by special commissions, which necessarily include representatives of the local administration and the military enlistment office. The Commission must draw up an appropriate report and make a decision.

And then every year, as a rule, in the fall, employees of military commissariats check the marital status of those who have received a deferral. If "family circumstances" have returned to normal , welcome to the army on a general basis! So try to settle your family problems before you reach the age of 27, in order to have time to fulfill the duty of armed defense of our Homeland.