ИЗМЕНИЛАСЬ практика призыва срочников и запасников! — Transcript
Full transcript
- 0:00I am glad to welcome everyone to my
- 0:01channel. Today I would like to talk to
- 0:04you about the practice of military
- 0:06conscription regarding draftees, and we
- 0:08will also touch upon the practice
- 0:10concerning those in the reserves.
- 0:14First of all, I would like to note that
- 0:17our activities for dispatching draftees
- 0:19began on October 1st and will end on
- 0:21December 31st.
- 0:25We immediately noticed here that
- 0:27military commissariats are gaining
- 0:29experience and have prepared quite well
- 0:32regarding the draftees.
- 0:36You could say so, because we have
- 0:38examples where, two weeks after the
- 0:41start of, let’s call them, military
- 0:44dispatch activities, some military
- 0:46commissariats had already met their
- 0:49quota.
- 0:50That is, theoretically, dispatching
- 0:52should continue until December 31st, but
- 0:55some military commissariats had their
- 0:57quota filled as early as October 14th,
- 0:59even though those activities supposedly
- 1:01only started on October 1st.
- 1:04Well, this can primarily be attributed
- 1:06to the fact that draftees undergo all
- 1:08necessary tests and examinations in
- 1:10advance, before October, and accordingly
- 1:13, they arrive all set.
- 1:15They simply hear the final decision and
- 1:17receive their summons for deployment to
- 1:18the troops. And there was just such a
- 1:21case, including with our client, when
- 1:23two weeks later he was told that you
- 1:25would receive a summons for the spring
- 1:28because our dispatching is already
- 1:30completed now.
- 1:32The same theme continues, but on a
- 1:35larger scale, so to speak, and more
- 1:37cynically from the point of view of the
- 1:40specialists we see in the military
- 1:42commissariats: people with a real
- 1:44diagnosis, with which one should by no
- 1:47means be drafted into the army, become
- 1:49fit, healthy, and, essentially, there
- 1:52shouldn't be any problems with them from
- 1:54the military commissariat’s perspective
- 1:57.
- 1:59We, in turn, continue to defend our
- 2:01clients 'positions in such situations.
- 2:06As before, we have not had a single case
- 2:08where any of our clients were sent
- 2:09anywhere against their will.
- 2:11Well, unless they wanted to go
- 2:12themselves.
- 2:14Accordingly, the appeal process begins
- 2:16pre-trial. We observe the reaction of
- 2:18the higher-level military commissariat.
- 2:20And, accordingly, if the district
- 2:22decision remains in force, then we head
- 2:24to court.
- 2:26And even here we have our own
- 2:27observations, since we work throughout
- 2:30Russia, although we are based in the
- 2:32city of Krasnoyarsk ourselves, that the
- 2:34practice in Krasnoyarsk is one of the
- 2:36toughest. That is, sometimes for our
- 2:38clients to prove their actual health
- 2:40problem, which is right there in the
- 2:43documents, they simply need to move to
- 2:45another city, register there, and sign
- 2:47up with a different military
- 2:49commissariat so that their problem gets
- 2:52noticed.
- 2:53Accordingly, there are also certain
- 2:55nuances regarding the courts.
- 2:57Whereas before we could easily conduct
- 2:59an independent military medical
- 3:01examination in court—and I am speaking
- 3:03specifically about the practice in the
- 3:05city of Krasnoyarsk—today we are even
- 3:07facing situations where courts simply
- 3:09refuse to conduct a judicial examination
- 3:11, telling us: "Go and conduct a
- 3:13pre-trial examination before coming to
- 3:15court."
- 3:17Even though it is our right to request
- 3:19an examination and conduct it however we
- 3:21wish, whether in a pre-trial or judicial
- 3:23proceeding. Moreover, an examination
- 3:24conducted during court proceedings
- 3:25carries greater legal weight.
- 3:28But such cases do occur, where courts
- 3:31reject these motions to appoint an
- 3:34examination.
- 3:36Accordingly, this becomes another part
- 3:37of our work, as we engage directly with
- 3:39the court on this.
- 3:41We have started changing our practice to
- 3:43conduct pre-trial examinations, but the
- 3:46question of cost arises, because often
- 3:48in these situations, a pre-trial
- 3:50examination costs 100,000, on average,
- 3:52from 80,000 to 100,000.
- 3:54So, if we go to court, the judge might
- 3:56say, "Let's conduct a judicial one," and
- 3:58then you have to pay again.
- 4:01This is by no means affordable for
- 4:03everyone, simply from a financial
- 4:06standpoint.
- 4:08At the same time, it must be kept in
- 4:09mind that while an appeal is underway,
- 4:11while you are disputing with the
- 4:13military commissariat, a conscript
- 4:14cannot be taken.
- 4:17This rule remains in effect, holds its
- 4:20power, and consequently, all our clients
- 4:23are at home—some working, some studying
- 4:26.
- 4:27In general, they are going about their
- 4:29routine daily affairs.
- 4:31It should also be noted that many rush
- 4:33and strive to get Category V as quickly
- 4:35as possible. In reality, if you are not
- 4:37given Category V, but you are a
- 4:38conscript, it is in some sense a bonus
- 4:40for you.
- 4:41Because, well, I often tell my clients
- 4:43this so that they think about it too: as
- 4:45long as you haven't received Category V
- 4:47, you are in the status of a conscript.
- 4:50We don't know what might happen tomorrow
- 4:51, a month from now, or a year from now.
- 4:53What if there is some kind of
- 4:55mobilization, something large-scale,
- 4:57where criminal liability is introduced
- 4:59for draft evasion?
- 5:00In the status of a conscript, as long as
- 5:02you have not been transferred to the
- 5:03reserve, you cannot be mobilized.
- 5:05Consequently, if you have received
- 5:07Category V and have been transferred to
- 5:09the reserve, you have solved the issue
- 5:10of mandatory service, but you are now in
- 5:12the reserve with Category V, and people
- 5:14with Category V can be mobilized.
- 5:16Therefore, if you are unable, in a sense
- 5:18, to resolve the issue with the military
- 5:20commissariat and they won't grant you
- 5:21this "V" category, but you are
- 5:23challenging the draft board's decision,
- 5:24it can be said that it is advantageous
- 5:26for you to remain in the status of a
- 5:27conscript, because you are not being
- 5:29called for active duty since you are in
- 5:31a dispute with the military commissariat
- 5:32, and they cannot mobilize you since you
- 5:34are not in the reserves.
- 5:37So, in that sense, you are, to some
- 5:39extent, legally protected.
- 5:42Regarding those in the reserves, it is
- 5:44worth noting what has changed in
- 5:45practice overall. From a legal
- 5:47standpoint, everything remains the same
- 5:50for us.
- 5:51The level of liability is not being
- 5:53increased; it remains, as before, a
- 5:55maximum of administrative liability,
- 5:57plus some restrictions.
- 6:00At the same time, we have started to
- 6:03notice that any changes occurring in
- 6:06your life—for example, changing your
- 6:09registration address, getting new
- 6:11documents (like receiving a passport),
- 6:14changing jobs—in all cases that are
- 6:17significant, such as getting married or
- 6:20divorced, you are summoned to the
- 6:22military commissariat; that is,
- 6:25draft notices arrive for data
- 6:28verification.
- 6:30Furthermore, in some cases when a person
- 6:32actually shows up to verify their data—
- 6:34well, such cases do happen where they
- 6:35really do want to clarify something—a
- 6:37summons for military training arrives a
- 6:39few days later.
- 6:42The military commissariat now takes any
- 6:44changes in people's lives as a signal,
- 6:47quite literally, to summon them.
- 6:51So, keep this in mind.
- 6:53If you are in the reserves and are
- 6:55planning something, perhaps think: if
- 6:57you are not being bothered, no summons
- 6:59are arriving, and you are not being
- 7:01called anywhere, maybe it is better not
- 7:04to carry out any actions that are
- 7:05officially registered or go through
- 7:07databases for now.
- 7:10That is all the information I wanted to
- 7:12convey to you today.
- 7:13If you have questions regarding
- 7:15conscription, military service, or
- 7:16perhaps some civil-legal matters, you
- 7:18can reach out to us.
- 7:19We also have a professional lawyer who
- 7:21has joined our team.
- 7:23If you have questions regarding criminal
- 7:25cases and need assistance, you can also
- 7:27reach out to us for that as well.
- 7:29In the description of this video, there
- 7:31is a link to our website and our email
- 7:33address. If you go to our website, in
- 7:35the Contacts section, you will find our
- 7:37work numbers where you can write to us
- 7:39or call us, whichever is convenient for
- 7:41you, and we will discuss your matter. If
- 7:43you want to stay up to date with the
- 7:45latest information on judicial practice
- 7:46, subscribe to the channel, as well as
- 7:47to our page on Yandex.Zen, our VK group
- 7:49, and our Telegram channel. Thank you
- 7:51for your donations, for your views, for
- 7:53your comments and likes. Bye everyone.
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