Amendments to the Draft of the Federal Law "On the Alternative Civilian Service", jointly prepared by the Committee of Defence and Committee on the Affairs of non-governmental amalgamations and religious organizations of the State Duma of Russian Federation, respectively

MEMORANDUM, jointly issued by the Radical Party and Committee of Soldiers' Mothers

Nikolaj Khramov, Anzhelika Chechina, Galina Sevruk

Moscow, 9 August, 1994

PREAMBLE

Since Russian Federation still remains the only European country devoided of the legislative mechanism of the exercise of a constitutional right to choose an Alternative Civilian Service for the individuals whose conscientious convictions prevent them from performing the military service, we believe, that the Draft of the Federal Law "On the Alternative Civilian Service" jointly prepared by two committees of the State Duma - Committee of Defence and Committee on the Affairs of on-governmental amalgamations and religious organizations respectively - had shown further substantial improvement of the legal system of Russian Federation.

However, some provisions specified by this Law, affect our concept of a conscientious objection right as a universal civil right.

The most fundamental principles, that must be taken as a basis of any legislative mechanism of the exercise of the conscientious objection right, are determined in this Memorandum.

1. Military service and Alternative Civilian Service must be proclaimed to be equal ways to perform one's social duty. Alternative Civilian Service must not be treated as either punishment, or discrimination, that due, we believe, that Alternative Civilian Service call-up period must not exceed the respective period of military service.

2. Since either State Bodies or Enlistment Commission are not able to estimate the actual sincerelity extent of an individual's conscientious convictions, made him choose Alternative Civilian Service instead of military service, we insist on the notification character of Alternative Civilian Service assignment. That means that a conscientious objector should notify the respective bodies about his intent to choose an Alternative Civilian Service; no approvements are required.

3. The Conscientious Objection Law must be the Law with direct mechanism of application, that due it cannot be modified or amended by len-than-Law regulations issued by any Department.

4. Since no one is entitled to a right to expose to risk either life or health of an individual in the duration of the time of peace without his personal permission, the State must be devoided of the right to use people undergoing their Alternative Civilian Service against their will or regardless to one.

5. Alternative Civilian Service shall not become a sourse for the cheap and devoided of any rights labour force either for any state enterprises (especially in the military area of its economy) or private companies. On the contrary, people, who consistently to their conscientious convictions chose an Alternative Civilian Service should be attracted to deal with humanitarian matter, e.g. UN international humanitarian initiatives.

AMENDMENTS TO THE PARTICULAR ARTICLES OF THE DRAFT OF THE FEDERAL LAW "ON THE ALTERNATIVE CIVILIAN SERVICE"

Article 3.

After the words "or any other armed formations" the following must be put: "or law enforcement formations, or work in the military industry".

We believe that such amendment will be helpful to ensure that actual character of the Alternative Civilian Service is civilian.

Article 4.

The following sentence must be deleted from the text of the article, "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."

Since we are deeply convinced, that no institution is able to estimate the actual sincerelity extent of personal convictions , we consider detailed definition of those convictions to be unnecessary.

In the third sentence the words "Regulation 'On the Alternative Civilian Service'" following the words "provisions of the Law herewith" must be deleted.

The Regulation "On the Alternative Civilian Service", issued by the Russian Federation Government, would be in violation with the principle of direct application of the Conscientious Objection Law.

Article 6.

Article 6 should be reformulated as follows: "The duration of an Alternative Civilian Service" conforms to the maximum call-up period, prescribed by Law to the respective category of conscripts.

This amendment is essential, since we consider military service and Alternative Civilian Service to be equal.

Article 7.

The first sentence must be reformulated as follows, "The citizens perform Alternative Civilian Service at either state and municipal enterprises, establishments, organizations and services or non-governmental and international organizations and services".

This amendment is supposed to be essential, as citizens undergoing their Alternative Civilian Service might play quite a role in humanitarian activities, initiated by international organizations (e.g. proposal to create "Civilian Corps for Democracy" under UN supervision).

We firmly believe, that Alternative Civilian Service must be treated as service which field is acting for the sake of peace.

The 2nd sentence of the Article 7 is to be modified as follows, "Alternative Civilian Service performance not on the territory of Russian Federation respective Subject, where the citizens used to live before the moment of assignment to the Alternative Civilian Service, will be subject only to their sole intent".

Furthermore, if Russian Federation Government is empowered to attract the citizens, undergoing their Alternative Civilian Service, for the performance of emergency help works in affected by disasters areas, it means, that the declared right to perform one's Alternative Civilian Service "on the territory of Russian Federation respective Subject, where their permanent residence up to the moment of conscription is located" de facto becomes a fiction.

Article 8.

We propose that Article 8 is excluded as contradictory to the Russian Federation Constitution. Furthermore, it is not clear, what the authors mean by "Federal constitutional laws".

Article 9.

In the 3rd sentence "have a right to" must be replaced in favour of "must" or "should" (to express obligation). The following part of the last sentence "determined by the Regulation 'On Alternative Civilian Service' issued by" is to be deleted.

Article 10.

The clause "if the decision to change their military service assignment in favour of Alternative Civilian Service was taken and approved" must be transformed into "if their will to change assignment to the military service in favour of Alternative Civilian Service is expressed". Proposed transformation reflects our perception of an Alternative Civilian Service as a service of notification character of Alternative Civilian Service assignment.

Article 13.

We propose that Article 13 is amended by the following, "In case one's Alternative Civilian Service is performed at any international organization, the financial resources of the respective organization must be used to finance Alternative Civilian Service of the respective citizen".

Article 14.

Amendments to the Chapter III, which is describing the mechanism of assignment to the Alternative Civilian Service, are of essential importance, since in this article authorization-principle of Alternative Civilian Service assignment must be changed in favour of notification principle. (It means that a conscientious objector should notify the respective authorities and his notification is to be registered. The mechanism should be devoided of any authorization).

Everywhere in the text of this Article and other Articles of the Chapter III "application" should be transformed into "application (notification)".

The words "6 months ahead the appointed for the conscription half-year period starts" should be replaced by "at any time not later than 3 days ahead the date determined in one's call-up papers as a date to come to the Military Registration and Enlistment Office".

The following sentence must be excluded, "Detailed autobiography and review of the reasons, that caused one's decision to choose an Alternative Civilian Service, must be attached".

The 4th sentence must be modified as follows, "Submitted application (notification) must be registered by the Commission on Alternative Civilian Service formed by either regional or municipal (in small towns) authorities", etc.

In the last sentence "all the registered conscientious objection applications" should be transformed into "the information on all the registered conscientious objection applications (notifications)".

New version of the Article 14:

"Article 14. Conscientious objection application (notification).

The application (notification), 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 (notification) is submitted to the Military Registration and Enlistment Office at any time not later than 3 days ahead the date determined in one's call-up papers as a date to come to the Military Registration and Enlistment Office.

The application (notification) must be signed by the Applicant.

Submitted application (notification) must be registered by the Commission on Alternative Civilian Service formed by either regional or municipal (in small towns) authorities; after that an Applicant is given a certificate confirming, that his application (notification) is registered.

Afterwards, the Commission on Alternative Civilian Service is formed by either regional or municipal (in small towns) authorities, the information on all the registered conscientious objection applications (notifications) must be submitted to the Enlistment Commission within a period of 3 days."

Articles 15 and 16.

Articles 15 and 16 must be excluded.

Articles 17 and 18.

Articles 17 and 18 must be combined in one with the following content:

"Article 17. Reasons for refusal one's conscientious objection application (notification).

One's conscientious objection application (notification) is not accepted in accordance with the following reasons:

- his application (notification) contains false;

- it is found, that a citizen, who submitted an application (notification) has a right of adjournment from conscription into the military service, or cannot be conscripted in accordance with any other lawful reasons."

Article 19.

"Enlistment Commission" must be replaced by "Commission on Alternative Civilian Service formed by the respective executive bodies".

The following clause, "whose conscientious objection application was refused by the Enlistment Commission" must be transformed as follows, "whose conscientious objection application (notification) was not accepted by the Commission on Alternative Civilian Service formed by the respective executive bodies".

The last sentence should be transformed as follows, "Court's decision at the highest judicial instance is final".

By this amendment we confirm the right of the conscientious objector to appeal against the decision taken by the Court of first instance to the higher instances.

Article 20.

The first sentence should be transformed as follows, "A citizen is assigned to the Alternative Civilian Service in accordance with either his registered application (notification) or respective decision, taken by the Court".

Article 22.

From the first sentence the words "Regulation 'On Alternative Civilian Service'" must be deleted.

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

The words "to take 15 working days off" must be replaced by "to have vacation period of the same duration with a minimum vacation period prescribed by the effective legislation".

Due to this amendment the change of the minimum vacation period in the effective legislation would cause no problem.

Article 26.

The second sentence of the Article 26 must be laid down as follows, "In case of evasion the citizen is called to the account in accordance with effective legislation".

This amendment is essential, since Alternative Civilian Service cannot be treated as a punishment.

Article 27.

Since we believe that Alternative Civilian Service and military service are equal ways to perform one's social duty, we propose that the words "2 days" must be replaced by "1 day".

Article 28.

In the 2nd sentence after the words "2 days" must be replaced by "1 day".

Article 28.

In the 2nd sentence after the words "may be attracted" the following must be put "on voluntary basis".