Draft of the Law

Submitted by

the Committee on the affairs of non-governmental amalgamations and religious organizations

and the Defence Committee

of the State Duma of Russian Federation

7.07.1994

Federal Law

ON THE ALTERNATIVE CIVILIAN SERVICE

(Conscientious Objection Law)

Chapter I. GENERAL STATEMENTS.

Article 1. Objectives.

The Law herein covers all the matters relating to the exercise of the constitutional right of an individual to choose an Alternative Civilian Service in case his conscientious convictions prevent him from his military service and also creates the mechanism of organizing Alternative Civilian Service.

Article 2. Legislation on the Alternative Civilian Service.

Russian Federation legislation on the Alternative Civilian Service consists of the Conscientious Objection Law and Russian Federation legislative issues in regards with Law herein.

Article 3. Alternative Civilian Service definition.

Alternative Civilian Service is a service of social utility not connected with the military service in either Armed Forces or any other armed formations, which must be performed by a citizen in accordance with the mechanism laid down by the Law herewith.

Alternative Civilian Service is aimed to perform the duty for the sake of society and that due does not have a character of either punishment or abasement for the individuals honor and dignity.

Article 4. Right of citizens to choose Alternative Civilian Service instead of military service.

A citizen of the Russian Federation is entitled to a right to choose an Alternative Civilian Service instead of military service in case his conscientious convictions prevent him from performing the military service. Conscientious conviction is identified herein as a based on personal convictions or religious requirements objection to violence and wars, taking the military oath, keeping, using, manufacturing and operating weapons, ammunition and battle technical facilities.

Conscientious convictions of a citizen who expressed his will to perform an Alternative Civilian Service, must be confirmed by his readiness to fulfil fully the provisions of the Law herewith, Regulation "On the Alternative Civilian Service" and keep the regulations of an enterprise, establishment or organization where his Alternative Civilian Service is performed.

Article 5. Persons assigned to the Alternative Civilian Service.

Citizens subject to conscription into the military service are assigned to the Alternative Civilian Service if they personally expressed their conscientious objection to perform the military service.

This Law is not subject to the persons free from performing the service or entitled to a right adjournment in accordance with the reasons laid down by the effective legislation.

Article 6. Alternative Civilian Service duration.

The Alternative Civilian Service call-up period one time and the half exceeds the maximum of the call-up period for the respective category of draftees conscripted into the military service.

Article 7. Alternative Civilian Service location.

The citizens perform Alternative Civilian Service at state and municipal enterprises, establishments, organizations and services on the territory of Russian Federation respective Subject, where their permanent residence up to the moment of conscription is located.

Alternative Civilian Service performance not on the territory of Russian Federation respective Subject where the citizens used to live before the moment of conscription will be subject only to such reasons as:

- the decisions taken by Russian Federation Government to ensure emergency help to the areas affected by disasters;

- agreement reached between the Russian Federation Government and executive bodies of Russian Federation Subjects to ensure functioning of federal objects and services in accordance with a list approved by the Russian Federation Government;

- personal will expressed by a person assigned to the Alternative Civilian Service.

Article 8. Alternative Civilian Service during a state of public emergency and wartime.

During a state of public emergency or wartime the exercise of the conscientious objection right is subject of the corresponding Russian Federation constitutional laws.

Chapter II. STATE BODIES' POWERS IN ALTERNATIVE CIVILIAN SERVICE ORGANIZATION.

Article 9. Alternative Civilian Service organization.

Executive bodies of local authorities of the respective Russian Federation subjects either regional or municipal (in small town) are empowered to control the matters connected with Alternative Civilian Service organization.

Either Russian Federation Government or executive bodies of local authorities of the respective Russian Federation Subject at either regional or municipal level have a right to create Commissions, duly empowered to be responsible for Alternative Civilian Service organization.

The structure of such Commissions and the mechanism of their interaction is determined by the Regulation "On Alternative Civilian Service" issued by the Russian Federation Government.

Article 10. Local authorities' powers at either regional or municipal (in small towns) level relating to the Alternative Civilian Service organization.

Local authorities at either regional or municipal (in small towns) level:

- assign the citizens to the respective, appointed for Alternative Civilian Service performance places, if the decision to change their military service assignments in favour of Alternative Civilian Service was taken and approved;

- record and keep the data on the Alternative Civilian Service performance in respect to the citizens whose permanent residence is located on the territory of respective either town or town area regardless to where his Alternative Civilian Service is actually located;

- inspect Alternative Civilian Service performance in their respective areas;

- review and decide upon the applications submitted by the citizens performing their Alternative Civilian Service;

- define to terminate one's Alternative Civilian Service performance on the expiration of the term of service;

- inspect the performance of agreements formed between the employers and citizens performing their Alternative Civilian Service at the respective establishments, take efficient measures to protect their rights and decide upon any other issues relating the Alternative Civilian Service organization;

- transmit the documents to the Office of Public Prosecutor in case of a citizen's evasion from Alternative Civilian Service to decide upon his calling to account.

Article 11. Powers of the executive bodies of Russian Federation Subjects relating to the Alternative Civilian Service organization.

Executive bodies of the Russian Federation Subjects:

- approve the list of Alternative Civilian Service locations and transmit the respective information to either regional or municipal (in small towns) authorities;

- form agreements with enterprises, establishments and organizations relating to Alternative Civilian Service performance;

- review and take decisions upon the applications, submitted by the citizens performing their Alternative Civilian Service;

- take decisions to terminate one's Alternative Civilian Service before the appointed time.

Article 12. Russian Federation Government powers relating to the Alternative Civilian Service organization.

Russian Federation Government:

- issues the Regulation on the Alternative Civilian Service mechanism;

- approves the works scope to be performed by the citizens assigned to Alternative Civilian Service and issues guidelines for the respective executive bodies to be taken into account in every particular case when one's Alternative Civilian Service location is to be determined;

- approves the list of federal objects and services for the Alternative Civilian Service;

- registers the citizens assigned to the Alternative Civilian Service.

Article 13. Alternative Civilian Service funding.

Financial resources of either Russian Federation federal budget or Russian Federation Subjects' budgets, or budgets of the respective Departments which are responsible for supervising the particular federal objects, identified as Alternative Civilian Service locations, are used to finance Alternative Civilian Service.

Chapter III. ASSIGNMENT TO ALTERNATIVE CIVILIAN SERVICE.

Article 14. Conscientious objection application.

The application, informing about one's conscientious objection and intent to perform an Alternative Civilian Service, is submitted personally by a citizen to either regional or municipal authorities; one copy of the application is submitted to the Military Registration and Enlistment Office 6 months ahead the appointed for the conscription half-year period starts.

The application contains a reference to the constitutional right to change assignment to the military service in favour of assignment to Alternative Civilian Service, if one's conscientious convictions prevent them from military service. Detailed autobiography and review of the reasons that caused one's decision to choose an Alternative Civilian Service, must be attached. The application must be signed by the Applicant. Submitted application must be registered by either regional or municipal (in small towns) authorities, after that an Applicant is given a certificate confirming that his application is registered.

Afterwards the Enlistment Commission is formed either at regional or municipal (in small towns) level, all the registered conscientious objection applications must be submitted to the Enlistment Commission within a period of 3 days.

Article 15. An application review.

Enlistment Commission reviews an application submitted by a citizen and takes reasonable decision upon it. Enlistment Commission session is held openly. An Applicant is informed about the date, exact time and place of the Commission session. An Applicant's unreasonable default to the session is not a hindrance for the Commission in taking decision upon his case.

Article 16. Taking decisions upon the application.

Enlistment Commission is empowered to take decisions upon the applications in case the number of the present members of the Commission is not less than two thirds of the number of the members as it is prescribed by law. The decision is taken in accordance with the results of the simply majority voting. An Applicant must be informed about the Enlistment Commission decision.

The Enlistment Commission decision within three days must be transmitted to the respective authorities at either regional or municipal (in small towns) level to be executed. One copy of the Decision must be provided to an Applicant within the same period of time.

Article 17. Reasons for refusal one's assignment to Alternative Civilian Service.

Enlistment Commission is empowered to refuse one's application for being assigned to Alternative Civilian Service in accordance within the following reasons:

- his conscientious objection is not true;

- his evasion from Alternative Civilian Service in previous times;

- he missed the sessions of the Enlistment Commission twice without any serious reasons;

- his participation in the activities of such formations and groups that use violation and its threat to reach their goals;

- either his application or attachments contain false.

VARIANT: - if in previous times he was found guilty in crimes relating to violation.

Article 18. Leaving an application without being reviewed.

If while reviewing an application it is found that a citizen, who submitted an application, has a right of adjournment from conscription into the military service, or cannot be conscripted in accordance with any other lawful reasons, his application is not reviewed by the Commission. If one's conscientious objection application was once refused, another application submitted by the same person, is not reviewed by the Commission.

Article 19. Settlement of disputes relating to the Alternative Civilian Service assignment.

A citizen, whose conscientious objection application was refused by the Enlistment Commission, has a right to appeal against Commission's decision in the court within 10 days since the decision had been taken by the Commission. Court's decision is final.

Article 20. Alternative Civilian Service assignment.

A citizen is assigned to the Alternative Civilian Service in accordance with decision taken either by Enlistment Commission or Court. A citizen assigned to the Alternative Civilian Service, is given a copy of the Decision and must sign for it.

Chapter IV. ALTERNATIVE CIVILIAN SERVICE PERFORMANCE.

Article 21. Alternative Civilian Service lifetime.

Alternative Civilian Service lifetime starts by the first working day at the appointed place; in case of Alternative Civilian Service is performed elsewhere away from the permanent residence, the Alternative Civilian Service lifetime starts by the day of leaving one's permanent residence place (area).

Alternative Civilian Service is terminated by the time determined herein.

Each unreasonably missed working day causes respectively one day increasing of Alternative Civilian Service lifetime.

Article 22. Alternative Civilian Service mechanism.

The mechanism of performing one's Alternative Civilian Service is determined by the Law herein, Regulation "On Alternative Civilian Service" and the Regulations of the establishments where one's Alternative Civilian Service is performed.

A citizen assigned to the Alternative Civilian Service is to be registered at his appointed working place on/at the appointed date and time. The administrative bodies of the establishment, where a citizen is directed to, should sign an Agreement with him and inform the respective authorities within 3 days. The lifetime of such Agreement is determined by one's Alternative Civilian Service lifetime as it is identified in his Direction.

The mechanism of interaction between a citizen assigned to Alternative Civilian Service and the administrative bodies of an establishment he was directed to, is regulated by Russian Federation Legislation "On Labour and State Service" except cases mentioned in the Law herein.

Neither of the Parties is empowered to initiate a cancellation of the above described Agreement. Decision to cancel an Agreement, signed between the assigned to Alternative Civilian Service citizen and the establishment he had been directed to, is subject to the sole approval of either regional or municipal authorities respectively initiated this citizen's assignment to Alternative Civilian Service.

In case of need a citizen, assigned to Alternative Civilian Service, may be sent to a training center or any other educational establishment to improve his professional skills. That respective period of time is included into the Alternative Civilian Service.

A citizen assigned to Alternative Civilian Service is devoid of rights:

- to go on strike;

- to occupy key positions.

Alternative Civilian Service performance is included into the general length of service.

While undergoing their Alternative Civilian Service Russian Federation citizens are entitled to a right to submit applications to the respective authorities concerning the following issues:

- Alternative Civilian Service termination before the appointed time;

- change of place and location of Alternative Civilian Service performance;

- transferring to military service.

Article 23. Work payments, social welfare and insurance of the citizens undergoing their Alternative Civilian Service.

The citizens undergoing their Alternative Civilian Service are entitled to a right to have privileges and contribute to the social welfare and insurance system as it is laid down by the effective legislation. Their work payments are regulated by the provisions laid down by the effective legislation.

Respective enterprise, establishment or organization, which the one is directed to perform his Alternative Civilian Service, will provide him an appropriate place of residence in case his Alternative Civilian Service is performed not on the territory of his permanent residence.

Article 24. Vacation time of the citizens undergoing Alternative Civilian Service.

A citizen, who is undergoing Alternative Civilian Service, is entitled to a right to take 15 working days off once a year having his salary preserved.

A citizen, who is undergoing Alternative Civilian Service, has a right to take extra time off up to 10 days; however in this case his salary is not preserved, and this extra free period is not included into the lifetime of his Alternative Civilian Service.

Article 25. Right of the citizens, undergoing their Alternative Civilian Service, to study at the educational establishments.

A citizen, who is undergoing Alternative Civilian Service, has a right to study either distantly or at evening departments of the educational establishments having no privileges in comparison to other students. The days off lawfully provided to a citizen, undergoing his Alternative Civilian Service, for the educational purpose, are not payt and cannot be included into the Alternative Civilian Service lifetime.

Article 26. Responsibility for the evasion from Alternative Civilian Service.

Evasion from the Alternative Civilian Service is either arbitrary unreasonable termination of work performance, or not authorized leaving one's working place for more than 3 days.

In case of evasion one's Alternative Civilian Service is proclaimed cancelled by the Court decision and respective person is conscripted into the military service; his Alternative Civilian Service is not taken into consideration and his military service starts from zero point.

Article 27. Alternative Civilian Service termination ahead the appointed time.

One's Alternative Civilian Service may be terminated before the appointed time by either local respective authorities' Decision with regards to the effective legislation, or according to one's written intent to be transmitted to the military service.

In case of transmission one's Alternative Civilian Service is included into the military service proportionally as 2 days of Alternative Civilian Service to 1 day of military service.

Article 28. Service in reserve.

The citizens who went through Alternative Civilian Service, are registered and recorded at the Military Registration and Enlistment Office up to the age of 50 as "not-obliged-to-serve". They cannot be called up to either military service, or periodical training, or annual camps.

In accordance with the Resolution, issued by the Russian Federation Government, the citizens, who went through Alternative Civilian Service, may be attracted to perform emergency works in affected by disasters areas for up to 3 months period of time; however, they cannot be attracted for more than one time during the time period of their service in reserve; their employments must be preserved.