Following is a short description of the current situation on the conscientious objection draft bill which is still being examined in the State Duma (the lower chamber of the parliament).
Constitution
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As it is known, the new Russian Constitution passed by the referendum on December 12, 1993 guarantees the right of conscientious objection:
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Article 59.
1. Defense of the homeland shall be a duty and obligation of the citizen of the Russian Federation.
2. The citizen of the Russian Federation shall do military service in conformity with the federal law.
3. The citizen of the Russian Federation whose convictions or 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.
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Malkin - Savickij's Draft Bill
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Nevertheless, the respective federal law is still not passed. The draft bill currently in examination has been elaborated by the working group formed under aegis of the Defence Committee in the State Duma and formally presented with signatures of MPs Evgenij Malkin (DPR) and Vitalij Savickij (Russia's Choice), R.I.P. On December 14, 1994 it was adopted by the State Duma in the first reading. Since that time it was twice rejected by the Duma in the second reading: on May 24, 1995 and December 8, 1995. The members of parliamentary groups of Communist Party and Liberal Democratic Party - Zhirinovskij voted against, since the draft bill "was not corresponding with the proposals of the Defense Ministry".
The basic principles of the bill, as it was adopted in the first reading, are as follows.
WHO HAS CONSCIENTIOUS OBJECTION RIGHT: "a citizen <...> in case if his convictions or faith do not permit him participating in any wars, use violence, pronouncing military oath, holding, use, direct producing and direct maintaining weapons, ammunition and military technics."
DURATION OF ALTERNATIVE CIVILIAN SERVICE: one and a half in comparison with the military service (currently 36 and 24 months respectively).
PLACE OF ALTERNATIVE CIVILIAN SERVICE: "within the state and municipal enterprises, institutions and agencies, on the works according the list appointed by the Government", as a general rule - within the respective region (subject of Federation) where a citizen resides.
WHEN THE APPLICATION SHOULD BE SUBMITTED: not later than 6 months before the beginning of that six months when a citizen should be drafted.
WHERE IT SHOULD BE SUBMITTED: to the body of the local self-governing.
WHAT DOCUMENTS SHOULD BE PRESENTED: the application with detailed explanation of motives and detailed curriculum vitae.
WHO EXAMINES THE PRESENTED APPLICATIONS: the regular Recruitment Commission of the respective district.
WHEN THE APPLICATION COULD BE REFUSED: 1) if refusing military service is not motivated by reasons of conscience; 2) if earlier a citizen was allowed to perform alternative civilian service and avoided it; 3) if a citizen has been twice called to the Recruitment Commission and didn't arrived without a serious reason; 4) if the false information has been found in the application or materials enclosed.
WHO ORGANIZES ALTERNATIVE CIVILIAN SERVICE: executive bodies (government) of the respective region (subject of Federation).
Makashov's Draft Bill
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The new State Duma formed on the last elections (December 17, 1995) has been turning back to the examination of the Malkin - Savickij's Draft Bill in the framework of the newly composed Defence Committee. The Communists who have majority also in the Committee, insisted to recognize the bill as an "anti-army draft" and change it to another one. Such a new draft was written and presented on the Defense Committee by MP Aleksandr Makashov (Communist Party), gen. retired, "defense minister" of the putsch "government" in October 1993, arrested and accused, then amnestied and elected in parliament.
The basic principles of the Makashov's draft bill are:
WHO HAS CONSCIENTIOUS OBJECTION RIGHT: a citizen whose religious faith, proved documentarily, prevent him from holding weapons.
DURATION OF ALTERNATIVE SERVICE: two times more than military service (24 and 48 months respectively).
PLACE OF ALTERNATIVE SERVICE: noncombatant service within the auxiliary units of the armed forces, obligatory outside the citizen's region of residence.
WHO ORGANIZES ALTERNATIVE SERVICE: Defense Ministry.
Finally, the Makashov's draft bill was rejected on the Committee and Malkin - Savickij's draft bill remains the formal one, which will be at the third time examined in the second reading during the Autumn session of the State Duma (since October 1, this year).
Gruscak's Draft Bill
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To counterbalance the Makashov's Bill in case of it's formal presentation and rejecting Malkin - Savickij's bill, MP Sergej Gruscak (JaBLoko) has elaborated another draft bill which should be formally presented by JaBLoko group or by himself, if necessary.
In fact, the Gruscak's bill do not differ very much with Malkin - Savickij's bill and looks as follows:
WHO HAS CONSCIENTIOUS OBJECTION RIGHT: "a citizen <...> in case if his convictions or faith do not permit military service, use violence, pronouncing military oath, participating in warfare, holding, use, direct producing and direct maintaining weapons, ammunition and military technics."
DURATION OF ALTERNATIVE CIVILIAN SERVICE: one and a half in comparison with the military service (currently 36 and 24 months respectively).
PLACE OF ALTERNATIVE CIVILIAN SERVICE: "within the state and municipal organizations according the list of works appointed by the Government", as a general rule - within the respective region (subject of Federation) where a citizen resides.
WHEN THE APPLICATION SHOULD BE SUBMITTED: not later than 6 months before the beginning of that six months when a citizen should be drafted.
WHERE IT SHOULD BE SUBMITTED: to the Military Recruitment Office and to the body of the local self-governing.
WHAT DOCUMENTS SHOULD BE PRESENTED: the application with detailed explanation of motives and - on a facultative base - other materials, if a citizen wants.
WHO EXAMINES THE PRESENTED APPLICATIONS: the regular Recruitment Commission of the respective district.
WHEN THE APPLICATION COULD BE REFUSED: 1) if refusing military service is not motivated by reasons of conscience; 2) if a citizen has been twice called to the Recruitment Commission and didn't arrived without a serious reason; 3) if the false information has been found in the application or materials enclosed.
WHO ORGANIZES ALTERNATIVE CIVILIAN SERVICE: executive bodies (government) of the respective region (subject of Federation) and bodies of local self-government.
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In any case, now the only formal draft bill which is now in the process of amending within the working group, is the Malkin - Savickij's bill. In October the amended bill should be - already at the third time - presented by the Defence Committee for the second reading.
