"Nezavisimaya Gazeta" # 44 (3954), March 14, 2001, page 1-3.

DEBATES ON THE ALTERNATIVE SERVICE BECOME HEATED

Though official debates on the drafts of the corresponding law are planned

in the State Duma only for May - June

by Vladimir Mukhin, Michail Khodarenok

(photo by Denis Tamarovsky (the NG-photo))

Recently a group of deputies submitted for consideration into the lower chamber of the Russian parliament the draft of the Federal law "On the alternative civilian service". The assistant to the chairman of the committee for defence of the State Duma of the Russian Federation Vitaly Strugavets said to the "NG" correspondent that this legislative initiative had been initiated by the head of this Duma committee Andrey Nikolaev. On February 19 he met with the president Vladimir Putin and the head of the state approved the Concept of the alternative civilian service (ACS) in Russia prepared by the group of parliamentaries headed by Nikolaev. The provisions of this concept formed the basis of the proposed bill.

The document introduced by Nikolaev is based on following principles: firstly, the young man can be sent to perform the alternative civilian service not only on the grounds of his convictions or religious beliefs, but also on the grounds of his social status, ethnic origin (that is, small ethnic groups), education (young professors, infant prodigies do not serve), his marital status etc. Secondly, the decision concerning the assignment for the ACS must be taken according to the probative principle, and not the principle of claim. Thirdly, the ACS must be based on the exterritorial principle. Fourthly, duration of the civilian alternative service must be commensurable with the term of service on conscription. Andrey Nikolaev proposes 48-month's alternative service for the great bulk of young men and 24-month's one - for young people with higher education.

In case of performing the ACS in the armed forces, on civilian personnel posts, the term must make correspondingly 36 and 18 months.

Meanwhile, besides the document proposed by the deputy Nikolaev, there is already another variant of the law on the ACS in the State Duma. It is prepared with the support of the faction "Union of the Right Forces" (URF), by the deputy July Rybakov.

One more draft of the Federal law "On the alternative civilian service" is being prepared in the government of the Russian Federation in accordance with instructions of the president. Thus, when the debates on the ACS begin (they are planned in the State Duma for the end of May - the beginning of June), parliamentaries will probably have on their hands three documents.

Naturally this circumstance won't promote consolidated, prompt debates on the bill which could define optimum characteristics of the alternative civilian service in Russia.

The Duma faction "Union of the Right Forces" stated that the variant of the law on the ACS by the deputy Rybakov differed in many respects from the draft of the general Nikolaev. The URF found it necessary to include in the draft the most liberal provisions ensuring as much as possible rights and freedoms of persons performing the alternative service. That is: a young man should be assigned for the ACS according to the principle of claim; a young man executes his civic duty closer to his home; he has sufficient means of existence; the term of the service isn't too long, though the bill also admits that it can be more than two years, i.e. it can exceed the duration of active military service. A number of analysts believes that the adoption of the URF's variant of the law on the ACS will promote multiple increase in number of "objectors" and "draft evadors". Some experts estimate that in this case (according to the most optimistical evaluations) the number of potential defenders of the native land can decrease

by a third. Taking into account significant number of currently existing deferments, the adoption of the law on the ACS can considerably complicate the recruitment for the army and the fleet.

It isn't known yet what will be the governmental variant of the law on the ACS like. But according to the Ministry for Defence of the Russian Federation, it is in many respects similar to the draft proposed by the group of deputies headed by Andrey Nikolaev. Representatives of the General Staff think that the citizens are obliged to perform alternative civilian service basically according to the exterritorial principle, individually or in groups or formations. The duration of the ACS can exceed term of active military service by 1.5 - 2 times, i.e. it will make not less than 36-48 months. Military experts are convinced that it is necessary to give extremely concrete answers to all questions concerning the ACS in the Regulations on the organization and the performance of the alternative civilian service which should be adopted by the government of the Russian Federation. Both the federal budget and the means of the institutions where the citizens perform the ACS should be considered as sources of financing. I

t is planned to define in the draft of the federal law rights and duties of the citizens who perform the alternative civilian service as well as the payment of their work, social insurance, medical assistance and other questions of social sphere.

In the Committee for defence of the State Duma of the Russian Federation, they don't exclude that the governmental variant of the law on the ACS and the bill of Nikolaev will be incorporated. Meanwhile there isn't still unity of views of deputies concerning basic provisions determining grounds for the alternative civilian service in Russia and the order of performance of the ACS. Observers are afraid that in view of contradictory views in the society concerning the problem of the ACS, the debates in the State Duma on this problem can be delayed again and the ill-fated law which started to be elaborated eight years ago, won't be adopted in 2001 as it was planned earlier.

Meanwhile at the yesterday's meeting with the leaders of deputy factions and committees of the State Duma, the marshal Igor Sergeyev expressed hope that legislative activity of the parliamentaries in the sphere of defence and security would be productive. The deputies assured the minister that so it would be.