Information bulletin of antimilitarist actions
No. 13 * 18 March 1999
Edited by the Antimilitarist Radical Association
(ARA),
an association of the Transnational Radical Party.
Russian and English editions.
Published with support of the "OPEN SOCIETY
INSTITUTE. ASSISTANCE FOUNDATION".
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ARA - ANTIMILITARIST RADICAL ASSOCIATION
Pechatnikov pereulok, 6, Moscow, 103045 Russia
Tel.: (095) 208-1805, 208-4902
Fax: (095) 208-1805
Mail to: ara@glasnet.ru
http://www.ara.ru
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SPECIAL ISSUE FOR POTENTIAL CONSCIENTIOUS OBJECTORS
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CALL-UP? NO, THANK YOU!
======================
FIRST OF ALL
The Constitution of the Russian Federation guarantees
every citizen the right to conscientiously object and
to replace the military service by the alternative
civilian service (ACS).
"A citizen of the Russian Federation, in case his
convictions or his religion run counter to the
military service and in other cases, established by
the federal law, has the right to replace the
military service by the alternative civilian service"
(Art. 59.3).
The Constitution also secures the principle of its
direct action:
"The Constitution of the Russian Federation has a
supreme juridical power, a direct action and is
applied on the whole territory of the Russian
Federation. Laws and other legislative acts, adopted
in the Russian Federation, must not contradict the
Constitution of the Russian Federation" (Art.15.1);
"Rights and freedoms of man and citizen have a direct
application. They determine the sense, the content
and the application of the laws, the activity of the
legislative and of the executive powers, of the local
self-government and are ensured by justice" (Art.18).
The Compulsory Military Service federal law - the
basis for conscription - in several articles also
provides the possibility to conscientiously object
and to replace the military service by the
alternative civilian service:
"Citizens have the right to replace the military
service by the alternative civilian service according
to the Constitution of the Russian Federation and to
the federal law" (Art.1.5 and others).
The State Duma has not adopted yet the Alternative
Civilian Service federal law - a law that should
determine the ASC, the procedure of applying for it,
the conditions for and the procedure of application
and of performing the ASC. Therefore, in fact, there
is no ASC. In practice, this legislative vacuum,
created and kept by the State Duma, means that until
the adoption of the ASC law and the organisation of
this service in accordance with the law, every
citizen has the right to conscientiously object,
guaranteed by the Constitution, but it is not his
duty to perform the alternative civilian service for
the lack of the necessary legislative basis.
The essence of our recommendations to conscientious
objectors is to fight to exercise their
onstitutional right in a way, established by law.
Thousands of young citizens of conscription age have
already followed this way in the last few years.
It's not an easy way. It demands of those who decide
to defend their rights in a lawful way resoluteness,
persistence and, to a certain extent, even
fearlessness. However, it's the only lawful way for
those who have no lawful foundations for deferment of
military service or for exempt from military service
(see the list in Art.24 of the Compulsory Military
Service federal law), for those who have already
received their call-up papers and who are convinced
that they has nothing to do in the actual Russian
Army. Besides, following this way of Law and Right, a
young citizen does not only fight for the realisation
of his personal right, but makes a valuable
contribution to the formation of a democratic law-
abiding state in our country.
DON'T BELIEVE, DON'T BE AFRAID, DON'T ASK
This triune principle of Gulag does very well to
determine the relations between a conscript and the
Military Registration and Enlistment Office. Don't
believe the words the Enlistment Office when they say
that there is no right to the alternative civilian
service till the adoption of the relevant law. Don't'
be afraid to be threatened: the words like "you'll be
sorry for that" or "we'll put you into prison" are
evidence of an absolute impotence of the Enlistment
Office - according to law, nothing can be done to
you. Don't ask them to ease your lot and "to meet
your convictions": you are standing upon the sure
ground of law; all you need is that the Enlistment
Commission keeps with the same scrupulousness to the
letter and the spirit of the law.
So, let's consider, step by step, what a conscripts,
that decides to conscientiously object and apply for
the alternative civilian service, has to do.
PUTTING IN AN APPLICATION AT THE ENLISTMENT
COMMISSION
First, the best thing to do is to put in an official
application at the Enlistment Commission. It's the
Enlistment Commission that, according to the
Compulsory Military Service federal law, bears the
responsibility for the organisation of conscription.
In accordance with Art. 28.1 of the Compulsory
Military Service federal law, the Commission is bound
to take one of the following decisions:
- to call the conscript up for military service;
- to assign him to the alternative civilian service;
- to defer him from military service;
- to exempt him from the call-up for military
service;
- to assign him to the reserve;
- to exempt him from performing the universal
military service.
Therefore, You need to put in an application similar
to the one You may see in APPENDIX 1.
You may put in Your application in two ways:
1) bring two copies of it to the Military
Registration and Enlistment Office - You leave one
copy in the Office and keep the second one. An
officer of the Enlistment Office must register your
application and mark Your copy;
2) send it by post by a registered letter (with
statement of value, a list of documents enclosed and
a notification of delivery).
When must You put in an application at the Enlistment
Commission? Anytime. You may do it when you receive
the call-up papers to pass the medical examination
and the Enlistment Commission. Don't be afraid of
these call-up papers. They do not call up for to the
army, but to come to the Enlistment Commission in
order to clear up Your enlistment situation. There is
no point in trying to avoid it: You have already
decided to follow a lawful way and to exercise Your
right to conscientiously object.
Naturally, You may lay for time by non-appearing. The
call-up papers are rarely delivered according to the
rules (i.e. You sign them personally, not Your
parents or neighbours). In most cases the postman
just leaves them in your letter-box and, therefore,
gives You a lawful possibility to ignore them (no
signature - no call-up papers). The only thing You
must know is that non-appearing at the Military
Registration and Enlistment Office without valid
reasons is an administrative crime, provided by Art.
191 of the Russian Administrative Delinquency Code
(to be punished by a fine up to a half of the minimum
wage).
Rather, nobody will mess about with instituting
administrative proceedings: they'd rather try to
bring You to the Enlistment Office with the help of
the militia - and the militia, according to the law,
have no right to do it. You may not open Your door -
the militia have no right to intrude into Your
apartment if they don't have a sanction to arrest You
or a Prosecutor's sanction to a search. However, if
they lie in wait for You near your house or come to
Your work place, You will have to appear before the
Enlistment Commission.
You may as well send Your application by post in
advance, before the Enlistment Office shows interest
for You - the earlier they get to know that You are a
"nut too hard for them to crack", the more nerves and
time You will save in the future. One thing is
important: when the Enlistment Commission examines
Your case and takes its decision, it must be already
informed about Your application.
THE DECISION OF THE ENLISTMENT COMMISSION
This step is inevitable for every conscript. No
conscript can be called up and assigned to military
service without an official decision of the
Enlistment Commission. Formally, the President of the
Enlistment Commission is, as a rule, a vice Head of
the local administration while its vice President is
the Military Commissar.
Probably, when the members of the Enlistment
Commission receive You application for the
alternative civilian service, they may want to talk
to You, to "clear up" Your convictions and to offer
You a "compromise solution" of performing "the
alternative service" in a construction battalion or
in the troops of the Emergency Situations Ministry.
Well, talk to them. But remember: You may tell them
anything about Your convictions, even the strangest
things, but the decision of the Enlistment Commission
is predetermined for nearly 100 per cent: they will
call you up for military service - were it marines,
ES Ministry or engineer-construction troops. Don't be
afraid. You couldn't expect anything else. When You
go away, don't forget to take a copy of the decision
of the Enlistment Commission concerning Your case. If
they don't give it to You, violating Art. 28.6 of the
Compulsory Military Service federal law, it doesn't
matter: You may replace it with the papers that call
You up to "present yourself with Your things" - these
papers indicate the date and the number of decision
of the Enlistment Commission according to which You
are called up for military service. You will need
these documents when You lodge a complaint to the
Court against the actions of the Enlistment
Commission.
APPEALING AT COURT AGAINST THE DECISION OF THE
ENLISTMENT COMMISSION
According to Art. 28.7 of the Compulsory Military
Service federal law, if a conscript does not agree
with the decision of the Enlistment Commission, he
has the right to appeal against it at the Court. The
right to appeal at the Court against illegal actions
and decisions of the officials who violate rights and
freedoms of citizens is also provided by the
"Appealing at Court against actions and decisions
that violate rights and freedoms of citizens" law.
See a model for Your complaint at the Court against
the decision of the Enlistment Commission in APPENDIX
2.
The complaint is to be lodged in three copies. Don't
forget to enclose a saving bank receipt for the
payment of the state duty (15% of the minimum wage)
and a copy of the decision of the Enlistment
Commission You are lodging a complaint against. Your
complaint is to be registered at the Civil Case
Office of Your Regional (Intermunicipal) Court. You
may send Your complaint by post as well: by a
registered letter (with statement of value, a list of
documents enclosed and a notification of delivery).
Here comes the most important thing: since the moment
You lodge Your compliant to the Court, the execution
of the relevant decision of the Enlistment Commission
is suspended till the Court judgement on Your
complaint comes into force. To secure Yourself
against an excessive attention of the Enlistment
Office in this period, You may send to the Head of
the Local Militia Office a declaration like the one
You may see in APPENDIX 3.
EXAMINATION OF YOUR COMPLAINT BY THE COURT
Having examined Your complaint, the Court (the Judge)
can
pronounce one of two judgements:
1) to satisfy Your complaint and revoke the relevant
decision of the Enlistment Commission;
2) not to satisfy Your complaint and to confirm the
decision of the Enlistment Commission.
It is known from experience of many conscientious
objectors that the crucial point of the trial is the
question of Your convictions which do not allow You
to serve in the army. You should take into account
that the Constitution of the Russian Federation does
not permit anybody to make You prove Your convictions
and, further still, Your are not obliged to express
Your convictions.
"No one can be forced to express his opinions and
convictions or to deny them" (Art.29.3).
Naturally, that does not mean that during the trial
Your should behave like Jesus Christ before Pontius
Pilate and answer all questions referring to Art. 29
of the Constitution. However, if despite everything
the Court does not decide in Your favour under the
pretext that You "have not proved" Your convictions,
later the reference to this Article may be very
useful.
If You are lucky and the Court decides in Your
favour, at this point Your epic is over and You may
wait in peace for the Alternative Civilian Service
law to be adopted, and then You will choose once
again: military service or alternative civilian
service.
However, statistics suggest that, unfortunately, more
often the Courts take anti-constitutional decisions
and refuse to satisfy the complaints of conscientious
objectors. All the same, as You will see later, a
negative judgement of the Court that does not satisfy
Your complaint against the decision of the Enlistment
Commission, does not change Your personal situation -
You will not go to the Army.
You may represent Your interests in Court by
Yourself. However, if You are not sure enough, You
may contact an advocate or any citizen. This may be a
representative of a public association defending the
rights of conscientious objectors (in particular, in
some cases the Antimilitarist Radical Association may
represent the interests of its members).
APPEALING AGAINST A COURT JUDGEMENT AT THE COURT OF
CASSATION
If a Regional (Intermunicipal) Court does not decide
in Your favour, its judgement does not come into
force immediately, but after 10 days - in this period
You have the right to appeal against it at the Court
of Cassation - a Superior Court of the same
federation subject (provincial, republican or city
court). Find a model for the appeal in APPENDIX 4.
The appeal is presented through the Office of Your
Regional (Intermunicipal) Court.
The Court of Cassation may pronounce one of two
judgements:
1) annul the judgement of the inferior Court and pass
Your case to the same Court for a new examination by
a different board of judges;
2) confirm the judgement of the inferior Court.
If the Court of Cassation does not satisfy Your
appeal and does not annul the judgement of the
inferior Court, the judgement comes into force.
However, take into account that the whole process -
from the decision of the Enlistment Commission till
the judgement of the Court comes into force - usually
takes several months. Therefore, by this moment the
autumn/spring enlistment campaign will be over and it
will be no longer possible to execute the decision of
the Enlistment Commission to call you up for military
service, a decision taken on a certain date. So,
during the next enlistment campaign there will be
another medical examination and another Enlistment
Commission, therefore, the Commission will examine
Your case and decide all over again.
WHAT YOU HAVE TO DO AFTER THE NEGATIVE JUDGEMENT
COMES INTO FORCE
The fact that the Enlistment Commission has taken an
unlawful decision, violating Your rights, and that
the Court has pronounced an unjust judgement,
refusing to satisfy Your complaint and violating in
this way the law as well - all this does not abolish
Your right to conscientiously object, guaranteed by
the Constitution.
After the judgement of the Court you don't agree with
comes into force, You have the right to appeal to the
Directorate of Public Prosecutors anytime (there is
no time limit).
As far as the Military Registration and Enlistment
Office is concerned - probably it manifests some kind
of interest in You - You must continue to stand Your
ground. Find a model for declaration to be presented
at the Enlistment Office in APPENDIX 5.
In case the decision to call You up for military
service it taken once again, You should declare that
You refuse to present Yourself to be assigned to the
troops (referring to Your application for the
alternative civilian service) and suggest to the
Enlistment Office that, if they consider Your actions
unlawful, they should pass the documents concerning
You at the Office of Public Prosecutor for
examination if there is any ground for bringing a
criminal action against You.
BRINGING OF A CRIMINAL CASE BEFORE THE COURT
The Criminal Code of the Russian Federation provides
the responsibility for the evasion of military and
alternative civilian service.
"Article 328. The evasion of performing military or
alternative civilian service.
1. The evasion of call-up for military service, with
the lack of legal grounds for exempt from this
service, is punished with a fine of 200-500 minimum
wages or of a two-five month salary or other incomes
of the convict or with an arrest for 3-6 months or
with an imprisonment for the term up to two years.
2. The evasion of performing the alternative civilian
service by the persons exempted from military service
is punished with a fine of 100-200 minimum wages or
of the wages or other incomes of the convict for 1-2
months, or with compulsory works for the term of 180-
240 hours, or with an arrest for the term of 3-6
months".
Is what You are doing a crime? In other words, can
Art. 328 of the Russian Criminal Code ( Art. 80 in
the previous Criminal Code) be applied to You? The
Constitutional Court of the Russian Federation gives
an exhaustive explanation:
"The right of the citizens, whose convictions and
believes contradict the performing of military
service, to replace it by alternative civilian
service - the right that is consolidated in this
constitutional regulation (Art. 59.3) and need not to
be concretised - as well as all other rights and
freedoms of man and citizen is of immediate validity
(Art. 18 of the Russian Constitution) and must be
ensured independently of the fact if the relevant
federal law is adopted or not. Anyway, the striving
of a citizen for the execution of his constitutional
right in a way, that is not prohibited by law, cannot
be considered as a valid ground for instituting
against him a criminal or any other persecution"
(Constitutional Court decision of May 22, 1996).
However, this does not mean that some employees of
the Office of Public Prosecutor in the course of
control examination (examination of the materials of
Your case, presented by the Enlistment Office;
meeting You in order to get Your written explanation,
etc.) may not decide to bring a criminal case,
according to Art. 328, and may not let the Court
clear up Your case. However, it must be pointed out
that in the majority of cases the Office of Public
Prosecutor does not violate the law. There are few
cases of bringing criminal actions against the
conscientious objectors that follow the law. We know
no more than twenty cases of this kind (while there
are thousands of applications for the alternative
civilian service and thousands of civil trials
concerning the complaints lodged by conscientious
objectors against the Enlistment Commissions). All
these cases were either closed or finished with a
verdict of "non-guilty". The most famous case is that
of the ARA and Radical Party member Vadim Gesse,
discharged on May 13, 1996 by the City Court of
Noginsk (Moscow Region) for the lack of corpus
delicti. Nonetheless, every now and then we get to
know about new criminal cases brought to be closed
either before the trial or with a verdict of "non-
guilty". In fact, You have practically no chance to
be "put into prison": we do not know any verdict of
"guilty", concerning the imprisonment of a
conscientious objector, that has come into force.
When You receive the summons from the Office of
Public Prosecutor, don't be afraid. Present Yourself
to the investigator, tell him in details, calmly
about Your case. Remember: in this case You are
interested that Your case should arrive in the Court
that will pronounce the verdict of "non-guilty" for
the lack of corpus delicti. In this case You and the
investigator of the Office of Public Prosecutor do
the same work. Nobody is going to arrest You: You
don't intend to hide Yourself from the investigation
and from the Court. Anyway, if they choose a
preventive punishment, it may be a written
undertaking not to leave the place. Probably You will
need an advocate (although You may defend Yourself in
a Criminal trial).
By the way, You must take into consideration that You
do not have many chances to arrive to this step (a
criminal case). If this happens and the Office of
Public Prosecutor brings a criminal case against You,
according to Art. 328 of the Russian Criminal Code,
contact as soon as possible the Antimilitarist
Radical Association and inform us about it.
WHAT TO DO IN CASE OF EXTREME LAWLESSNESS
So, You have already understood that one can't do
nothing to You in accordance with the law - neither
assign You to the Army or punish You for Your
refusal. The majority of the Enlistment Office
employees understands it too. However, they have to
fulfil the enlistment plan at any cost. That is why
they may try to misinform You, to frighten You and
even to kidnap You in order to put You at any cost
into the army barracks and to make You surrender and
"serve in the army if it has turned out this way".
Remember: no one has the right to send You to the
Army under compulsion!
The militia have the right (and the duty) to help the
Enlistment Office and to ensure the appearance of the
conscripts (only at the Military Registration and
Enlistment Office!) that evade military registration
and do not appear in the Enlistment Office after they
have received their call-up papers. However, the
powers of the militia begin at the staircase, at the
doors of Your apartment, and finish on the threshold
of the Enlistment Office. No militiaman has the right
(and, probably, will not do it in order to avoid
troubles) to bring the conscript form the Enlistment
Office to the assembly point.
Therefore, if the militia arrest You and bring You to
the Enlistment Office, the militiamen have nothing to
do but try to convince You or make You go with them
to the assembly point. They have no legal foundations
for that. Only the militia have the right to arrest
citizens. If You evade military service or refuse to
appear in the Enlistment Office to be assigned for
military service, the officers of the Enlistment
Office have the right to do only one thing - prepare
the materials of Your case and pass them to the
Office of Public Prosecutor. Their only cherish hope
for Your shyness and the ignorance of Your rights.
So, stand firm and with dignity! In any case, do not
obey any illegal order, as, for instance, to get into
a bus with other conscripts, to come with a warrant
officer to the assembly point, etc. Demand to meet a
Prosecutor, demand to call the militia. If they
menace You to use force, put up passive (or active)
resistance - just do not go too far and do not
inflict to anybody serious bodily injuries.
By the way, maybe the best mode is the following: You
are menaced to be brought to the assembly point by
force? Lie down on the floor and propose to the
Enlistment Office employees to carry You to the Army
"by Your hands and feet". Be sure, they won't carry
You too far.
And remember: don't believe, don't be afraid, don't
ask!
SOME ADVISES IN CONCLUSION
Visit a book shop and buy several books and brochures
that You may need any time (not only concerning Your
military service);
1) The Constitution of the Russian Federation;
2) Compulsory Military Service federal law;
3) The Criminal Code of the Russian Federation;
4) The Administrative Delinquency Code of the
RSFSR;
5) "On the Militia" federal law;
6) The Civil Juridical Procedure Code of the
Russian Federation.
Read them attentively and You will feel the
difference - the knowledge of laws and of Your rights
is the best defence from any surprise.
Before Your start the procedure of conscientious
objection, contact local/ the nearest ARA group or
any organisation that defends the rights of
conscientious objectors in Your city/town. Now these
organisations work in many regions.
If possible, please, inform the Moscow office of the
ARA about your case (in particular, please, send us
the copies of judgements for Your case) - we need it
to inform about Your case other conscientious
objectors and conscripts in different Russian
regions, to inform the international right-defence
associations, Russian and foreign mass-media.
We wish You a success in defending Your
constitutional rights and in contributing to our
common objective - turning our country into a law-
abiding state!
_____________________________________________________
APPENDIX 1. Application at the Enlistment Commission
To the President of the Enlistment Commission of
_________________________________region
city____________________________________
_______________________________________
(name of federation subject)
Copies: to the President of the Russian Federation
(Moscow, Kremlin);
to the President of the State Duma
(Okhotnyi Ryad, 1, Moscow)
to the Antimilitarist Radical Association
(Pechatnikov pereulok, 6, 103045 Moscow)
from___________________________________
_______________________________________
home address:___________________________
_______________________________________
tel.(________)___________________________
APPLICATION
According to Art.59.3 of the Constitution of the
Russian Federation, "a citizen of the Russian
Federation, in case his convictions or his religion
run counter to the military service and in other
cases, established by the federal law, has the right
to replace the military service by the alternative
civilian service".
The Alternative Civilian Service federal law,
approved by the State Duma in the first reading in
December 1994, has not been definitely adopted yet.
However, according to Art. 15.1, "the Constitution of
the Russian Federation has a supreme juridical power,
a direct action and is applied on the whole territory
of the Russian Federation."
Therefore, I declare that performing military service
contradicts my convictions. I ask the Enlistment
Commission to take one of the following decisions
concerning my case, in accordance with Art. 59.3 of
the Russian Constitution and Art. 25.1 of the
Compulsory Military Service federal law:
- assign me to perform the alternative civilian
service;
- to exempt me from the call-up for military
service until the relevant federal law comes into
force.
I also ask the Enlistment Commission not to offer me
to perform military service in the "non combatant"
troops, according to the relevant Directives of the
Ministry of Defence. Performing military service in
these troops presupposes taking the oath of
enlistment. According to Art. 28.1 of the Compulsory
Military Service federal law, the decision to call me
up for these troops would be just a kind of decision
to call me up for military service and would
contradict the Constitution as much as a call-up for
any kind of military service in any kind of troops.
If I do not agree with the decision of the Enlistment
Commission, according to Art. 28.7 of the Compulsory
Military Service federal law, I am going to appeal to
the Court against this decision. Therefore, I demand
to give me a copy of the decision of the Enlistment
Commission for my case, according to Art. 28.6 of the
Compulsory Military Service federal law.
"___"______________199_ (signature)_____________
_____________________________________________________
APPENDIX 2 A Complaint to be lodged to the Court
against the decision of the Enlistment Commission
At_______________________________________
_________________________________________
Court of / city/ ____________________________
Declarant:
_________________________________________
_________________________________________
home address: ____________________________
_________________________________________
_________________________________________
_________________________________________
tel. (_________)____________________________
Person concerned:
Enlistment Commission
_________________________________________
city______________________________________
address:
_________________________________________
_________________________________________
tel. (_____)________________________________
COMPLAINT
against an unlawful decision of the Enlistment
Commission
On "_____"____________________ 199__ in my
application addressed to the President of the
Enlistment Commission I have pointed out that
performing military service contradicts my
convictions and that my intention is to perform the
alternative civilian service instead of the military
service.
Art. 59.3 of the Russian Constitution guarantees
every citizen the following right: "A citizen of the
Russian Federation, in case his convictions or his
religion run counter to the military service and in
other cases, established by the federal law, has the
right to replace the military service by the
alternative civilian service" (Art. 59.3).The
Alternative Civilian Service federal law, approved by
the State Duma in the first reading in December 1994,
has not been definitely adopted yet. However,
according to Art. 15.1, "the Constitution of the
Russian Federation has a supreme juridical power, a
direct action and is applied on the whole territory
of the Russian Federation".
Nonetheless, the Enlistment Commission refused to
exercise my constitutional right and on
"____"____________199__ decided to call me up for
military service.
I ask the Court:
according to Art. 59.3., Art. 15.1., Art. 18 of the
Constitution of the Russian Federation, to rescind
the decision ______________ of the Enlistment
Commission to call me up for military service.
"____ "____________199_ (signature)_________________
Documents enclosed: 1)receipt for the payment of the
state duty (15% of the minimum wage);
2) copy of the decision of the
Enlistment Commission.
_____________________________________________________
APPENDIX 3. Declaration to be presented at the
militia.
To the Head of
_________________________________
(name of the internal affairs body)
from______________________________
__________________________________
home address:
__________________________________
__________________________________
tel.(_____)__________________________
DECLARATION
I would like to inform You that on
"____"_______________199_ the Enlistment Commission
___________________________ decided to call me up for
military service. I consider this decision unlawful
for it contradicts my right to substitute military
service by alternative civilian service, guaranteed
by Art. 59.3 of the Constitution of the Russian
Federation. For this reason on "____"_______________
199__ I have lodged a complaint against the decision
of the Enlistment Commission at the Court.
According to Art. 28.7 of the Alternative Civilian
Service federal law, the execution of the decision of
the Enlistment Commission is suspended until the
judgement of the Court comes into force.
I know that in many cases the employees of the
Enlistment Office try to involve the militia officers
into illegal actions - they attempt to bring by force
the citizens, who have lodged a complaint against the
decision of the Enlistment Commission, to the
Military Commissariat or to an assembly point, before
the Court pronounces its judgement. In some cases the
Office of Public Prosecutor had to bring criminal
cases against the guilty officials.
I would also like to inform You that until the
judgement of the Court on my complaint comes into
force, I shall be compelled to consider any eventual
attempt of the militia officers to arrest me and to
bring me to the Military Commissariat, to the
assembly point, etc. an illegal action and I shall
immediately inform about it the Office of Public
Prosecutor.
"_____" _________199_ _ (signature)__________________
_____________________________________________________
APPENDIX 4. CASSATION APPEAL
To ______________________________
city/regional/provincial Court
from_____________________________
_________________________________
home address:
_________________________________
_________________________________
_________________________________
tel.(____)_________________________
APPEAL
against the judgement of the Court for a civil case
"____"_________________199__
__________________________________Court of the city
of ______________has examined my complaint against
the decision of the Enlistment Commission.
According to Art. 59.3 of the Constitution of the
Russian Federation, "a citizen of the Russian
Federation, in case his convictions or his religion
run counter to the military service and in other
cases, established by the federal law, has the right
to replace the military service by the alternative
civilian service" (Art. 59.3). The Alternative
Civilian Service federal law, approved by the State
Duma in the first reading in December 1994, has not
been definitely adopted yet. However, according to
Art. 15.1, "the Constitution of the Russian
Federation has a supreme juridical power, a direct
action and is applied on the whole territory of the
Russian Federation".
Nonetheless, the Court judged not to satisfy my
complaint against the actions of the Enlistment
Commission.
[insert, if necessary, the text of the Court
judgement]:
-----------------------------------------------------
In the course of examination of my complaint, the
Court has also unlawfully asked me to give proofs
that performing military service contradicts my
convictions. However, according to Art. 29.3 of the
Russian Constitution, "no one can be forced to
express his opinions and convictions or to deny
them". Convictions of a man can not be a subject for
a Court examination.
-----------------------------------------------------
I ask:
according to Art. 59.3, Art.15.1, Art. 18, Art. 29.3
of the Constitution of the Russian Federation, to
rescind the judgement ________________________ of the
Court of "_____"_________________199_ concerning my
complaint.
"_____"_________________199__(signature)_____________
_____________________________________________________
APPENDIX 5. Repeated application at the Enlistment
Commission
To the President of the Enlistment Commission of
_________________________________region
city____________________________________
_______________________________________
(name of federation subject)
Copies: to the President of the Russian Federation
(Moscow, Kremlin);
to the President of the State Duma
(Okhotnyi Ryad, 1, Moscow)
to the Antimilitarist Radical Association
(Pechatnikov pereulok, 6, 103045 Moscow)
from___________________________________
_______________________________________
home address:___________________________
_______________________________________
tel.(________)___________________________
APPLICATION
On "____"______________ 199__ I have presented an
application at the Enlistment Commission
_____________________, declaring that I
conscientiously objected and applied for alternative
civilian service, according to Art. 59.3 of the
Constitution of the Russian Federation.
On "____"_______________199__ the decision of the
Enlistment Commission N____ called me up for
military service. I have lodged a complaint against
this decision at the__________________________Court.
On "____________"the Court pronounced its judgement
not to satisfy my complaint, that has come into force
on "_____"________________199__.
Notwithstanding such an unjust judgement, that
violates my constitutional rights, I continue to
insist on exercising my right to replace military
service by alternative civilian service, guaranteed
by Art. 59.3 of the Russian Constitution.
Hence, I declare one again that I conscientiously
object and, in accordance with Art. {...} of the
Compulsory Military Service federal law, I demand to
be assigned for performing alternative civilian
service or to be exempted from call-up until the
Alternative Civilian Service federal law comes into
force.
"____"______________199__ (signature)________________
_____________________________________________________
JOIN THE ARA!
Your membership fees and contributions are the only
financing of our antimilitarist activity...
Please, contact our Moscow office for more details
about membership in the ARA:
Tel. (+7-095) 208-1805, 208-4902;
E-mail: ara@glasnet.ru
_____________________________________________________
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_____________________________________________________
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