Soviet Russia formerly was among the first states where had been

acknowledged the right of believers to object military service. It was

in 1919. In 1939 the Supreme Soviet of the USSR hadn't include such

standarts of civil rights in the new law "On universal military servi-

ce". Since that time Russia is among the last one...

The first official draft bill "On alternative civilian service"

prepared by the new democratically elected Parlament of Russia is da-

ted 10.12.1991. Today we are elaborating the fifth draft bill among

existing already.

In the new Constitution of Russian Federation (RF) adopted on

12th December 1993 in the article 59 there is following: "The citizen

of the Russian Federation whose convictions and faith are at odds with

military service, and also in other cases stipulated by the federal

law shall have the right to the substitution of an alternative civil

service for military service."

The Constitution is of "direct action", what means that each ci-

tizen of RF who has to do military service and who's convictions and

faith are at odds with it can do alternative civilian service.

In that case when there is no mechanism of implementation of that

right (simply - we don't have a law on alternative sivilian service)

it is posible to avoid both services but staying in prison.

Of course it is not that simple, because usualy when anybody re-

fuses to do military service, he wrights an application to the court.

And the court in its tern is obliged to carry out a decision according

to the Constitution and set him free from militery service. (It con-

cerns only those who really have respective consciousness convistions.

On practice we have following situation: 1993 - 706 citizens were

sentenced to different terms of impri-

sonment (1-3 years), 20 000 - were sentenced to different administra-

tive penalties (payment of fine, for example)

1994 - already about 500 citizens sentensed to imprisonment

That is why we, the working group from two State Duma's Committe-

es - on defence and on public unions and religious organisations, with

the help of independant lawyers since mai 1994 are trying to prepare a

new draft bill on alternative civilian service, hoping that with the

help of it hundreds, thousands youths will never be humiliated because

of their convictions.

In the draft bill the following main principals are fixed:

1. The meaning of the notion "alternative civilian service" is:

"It is a public useful activity, which doesn't connect with military

service and taking military oath, and also with other services, which

are demanding carring, using, direct production, direct service of we-

apons, combat equpment."

2. Terms of the alternative civilian service are following:

18 months for those with higher education

36 months for the others

(According to the law "On universal military service and military du-

ty" the terms of military service are following:

18 months in land forces and air forces

24 months in naval forces

12 months for those who have higher education)

3.The place of alternative civilian service.

"Citizens are doing alternative civilian service on that territory,

where they live, on the state and municipal enterprises, institutions

and services accoding to the list, adopted by the Government of RF.

Alternative civilian service outside the territory of the settle-

ment is possible in following cases:

1. According to the decision of the Government of RF for the li-

quidation of the consequences of disaster, catastrophs and others exa-

raordinary incidents.

2. According to the decision of the Government of RF for the se-

curity of activity of the federal objects and services.

On the 5th of December 1994 the Counsil of the State Duma has

adopted a decision to debate the draft bill "On alternative civilian

service" on the Plenary session of the State Duma on 14.12.94.

For the first time since 1991 the draft bill "On alternative ci-

vilian service" will be debated by the deputies.

According to the Regulations of the State Duma this draft bill

may be debated on the whole three times, during three readings when

amendments and proposals are carried in.

We have at least 6 months to work on that draft bill. It will be

useful to do it together witn the Radical Party. The whole text of the

draft bill you can receive in the Moscow office of RP.