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ИЗМЕНИЛАСЬ практика призыва срочников и запасников! — Transcript

by Дмитрий Боровик · 1,317 words · 225 segments · language en · Watch on YouTube

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  1. 0:00I am glad to welcome everyone to my
  2. 0:01channel. Today I would like to talk to
  3. 0:04you about the practice of military
  4. 0:06conscription regarding draftees, and we
  5. 0:08will also touch upon the practice
  6. 0:10concerning those in the reserves.
  7. 0:14First of all, I would like to note that
  8. 0:17our activities for dispatching draftees
  9. 0:19began on October 1st and will end on
  10. 0:21December 31st.
  11. 0:25We immediately noticed here that
  12. 0:27military commissariats are gaining
  13. 0:29experience and have prepared quite well
  14. 0:32regarding the draftees.
  15. 0:36You could say so, because we have
  16. 0:38examples where, two weeks after the
  17. 0:41start of, let’s call them, military
  18. 0:44dispatch activities, some military
  19. 0:46commissariats had already met their
  20. 0:49quota.
  21. 0:50That is, theoretically, dispatching
  22. 0:52should continue until December 31st, but
  23. 0:55some military commissariats had their
  24. 0:57quota filled as early as October 14th,
  25. 0:59even though those activities supposedly
  26. 1:01only started on October 1st.
  27. 1:04Well, this can primarily be attributed
  28. 1:06to the fact that draftees undergo all
  29. 1:08necessary tests and examinations in
  30. 1:10advance, before October, and accordingly
  31. 1:13, they arrive all set.
  32. 1:15They simply hear the final decision and
  33. 1:17receive their summons for deployment to
  34. 1:18the troops. And there was just such a
  35. 1:21case, including with our client, when
  36. 1:23two weeks later he was told that you
  37. 1:25would receive a summons for the spring
  38. 1:28because our dispatching is already
  39. 1:30completed now.
  40. 1:32The same theme continues, but on a
  41. 1:35larger scale, so to speak, and more
  42. 1:37cynically from the point of view of the
  43. 1:40specialists we see in the military
  44. 1:42commissariats: people with a real
  45. 1:44diagnosis, with which one should by no
  46. 1:47means be drafted into the army, become
  47. 1:49fit, healthy, and, essentially, there
  48. 1:52shouldn't be any problems with them from
  49. 1:54the military commissariat’s perspective
  50. 1:57.
  51. 1:59We, in turn, continue to defend our
  52. 2:01clients 'positions in such situations.
  53. 2:06As before, we have not had a single case
  54. 2:08where any of our clients were sent
  55. 2:09anywhere against their will.
  56. 2:11Well, unless they wanted to go
  57. 2:12themselves.
  58. 2:14Accordingly, the appeal process begins
  59. 2:16pre-trial. We observe the reaction of
  60. 2:18the higher-level military commissariat.
  61. 2:20And, accordingly, if the district
  62. 2:22decision remains in force, then we head
  63. 2:24to court.
  64. 2:26And even here we have our own
  65. 2:27observations, since we work throughout
  66. 2:30Russia, although we are based in the
  67. 2:32city of Krasnoyarsk ourselves, that the
  68. 2:34practice in Krasnoyarsk is one of the
  69. 2:36toughest. That is, sometimes for our
  70. 2:38clients to prove their actual health
  71. 2:40problem, which is right there in the
  72. 2:43documents, they simply need to move to
  73. 2:45another city, register there, and sign
  74. 2:47up with a different military
  75. 2:49commissariat so that their problem gets
  76. 2:52noticed.
  77. 2:53Accordingly, there are also certain
  78. 2:55nuances regarding the courts.
  79. 2:57Whereas before we could easily conduct
  80. 2:59an independent military medical
  81. 3:01examination in court—and I am speaking
  82. 3:03specifically about the practice in the
  83. 3:05city of Krasnoyarsk—today we are even
  84. 3:07facing situations where courts simply
  85. 3:09refuse to conduct a judicial examination
  86. 3:11, telling us: "Go and conduct a
  87. 3:13pre-trial examination before coming to
  88. 3:15court."
  89. 3:17Even though it is our right to request
  90. 3:19an examination and conduct it however we
  91. 3:21wish, whether in a pre-trial or judicial
  92. 3:23proceeding. Moreover, an examination
  93. 3:24conducted during court proceedings
  94. 3:25carries greater legal weight.
  95. 3:28But such cases do occur, where courts
  96. 3:31reject these motions to appoint an
  97. 3:34examination.
  98. 3:36Accordingly, this becomes another part
  99. 3:37of our work, as we engage directly with
  100. 3:39the court on this.
  101. 3:41We have started changing our practice to
  102. 3:43conduct pre-trial examinations, but the
  103. 3:46question of cost arises, because often
  104. 3:48in these situations, a pre-trial
  105. 3:50examination costs 100,000, on average,
  106. 3:52from 80,000 to 100,000.
  107. 3:54So, if we go to court, the judge might
  108. 3:56say, "Let's conduct a judicial one," and
  109. 3:58then you have to pay again.
  110. 4:01This is by no means affordable for
  111. 4:03everyone, simply from a financial
  112. 4:06standpoint.
  113. 4:08At the same time, it must be kept in
  114. 4:09mind that while an appeal is underway,
  115. 4:11while you are disputing with the
  116. 4:13military commissariat, a conscript
  117. 4:14cannot be taken.
  118. 4:17This rule remains in effect, holds its
  119. 4:20power, and consequently, all our clients
  120. 4:23are at home—some working, some studying
  121. 4:26.
  122. 4:27In general, they are going about their
  123. 4:29routine daily affairs.
  124. 4:31It should also be noted that many rush
  125. 4:33and strive to get Category V as quickly
  126. 4:35as possible. In reality, if you are not
  127. 4:37given Category V, but you are a
  128. 4:38conscript, it is in some sense a bonus
  129. 4:40for you.
  130. 4:41Because, well, I often tell my clients
  131. 4:43this so that they think about it too: as
  132. 4:45long as you haven't received Category V
  133. 4:47, you are in the status of a conscript.
  134. 4:50We don't know what might happen tomorrow
  135. 4:51, a month from now, or a year from now.
  136. 4:53What if there is some kind of
  137. 4:55mobilization, something large-scale,
  138. 4:57where criminal liability is introduced
  139. 4:59for draft evasion?
  140. 5:00In the status of a conscript, as long as
  141. 5:02you have not been transferred to the
  142. 5:03reserve, you cannot be mobilized.
  143. 5:05Consequently, if you have received
  144. 5:07Category V and have been transferred to
  145. 5:09the reserve, you have solved the issue
  146. 5:10of mandatory service, but you are now in
  147. 5:12the reserve with Category V, and people
  148. 5:14with Category V can be mobilized.
  149. 5:16Therefore, if you are unable, in a sense
  150. 5:18, to resolve the issue with the military
  151. 5:20commissariat and they won't grant you
  152. 5:21this "V" category, but you are
  153. 5:23challenging the draft board's decision,
  154. 5:24it can be said that it is advantageous
  155. 5:26for you to remain in the status of a
  156. 5:27conscript, because you are not being
  157. 5:29called for active duty since you are in
  158. 5:31a dispute with the military commissariat
  159. 5:32, and they cannot mobilize you since you
  160. 5:34are not in the reserves.
  161. 5:37So, in that sense, you are, to some
  162. 5:39extent, legally protected.
  163. 5:42Regarding those in the reserves, it is
  164. 5:44worth noting what has changed in
  165. 5:45practice overall. From a legal
  166. 5:47standpoint, everything remains the same
  167. 5:50for us.
  168. 5:51The level of liability is not being
  169. 5:53increased; it remains, as before, a
  170. 5:55maximum of administrative liability,
  171. 5:57plus some restrictions.
  172. 6:00At the same time, we have started to
  173. 6:03notice that any changes occurring in
  174. 6:06your life—for example, changing your
  175. 6:09registration address, getting new
  176. 6:11documents (like receiving a passport),
  177. 6:14changing jobs—in all cases that are
  178. 6:17significant, such as getting married or
  179. 6:20divorced, you are summoned to the
  180. 6:22military commissariat; that is,
  181. 6:25draft notices arrive for data
  182. 6:28verification.
  183. 6:30Furthermore, in some cases when a person
  184. 6:32actually shows up to verify their data—
  185. 6:34well, such cases do happen where they
  186. 6:35really do want to clarify something—a
  187. 6:37summons for military training arrives a
  188. 6:39few days later.
  189. 6:42The military commissariat now takes any
  190. 6:44changes in people's lives as a signal,
  191. 6:47quite literally, to summon them.
  192. 6:51So, keep this in mind.
  193. 6:53If you are in the reserves and are
  194. 6:55planning something, perhaps think: if
  195. 6:57you are not being bothered, no summons
  196. 6:59are arriving, and you are not being
  197. 7:01called anywhere, maybe it is better not
  198. 7:04to carry out any actions that are
  199. 7:05officially registered or go through
  200. 7:07databases for now.
  201. 7:10That is all the information I wanted to
  202. 7:12convey to you today.
  203. 7:13If you have questions regarding
  204. 7:15conscription, military service, or
  205. 7:16perhaps some civil-legal matters, you
  206. 7:18can reach out to us.
  207. 7:19We also have a professional lawyer who
  208. 7:21has joined our team.
  209. 7:23If you have questions regarding criminal
  210. 7:25cases and need assistance, you can also
  211. 7:27reach out to us for that as well.
  212. 7:29In the description of this video, there
  213. 7:31is a link to our website and our email
  214. 7:33address. If you go to our website, in
  215. 7:35the Contacts section, you will find our
  216. 7:37work numbers where you can write to us
  217. 7:39or call us, whichever is convenient for
  218. 7:41you, and we will discuss your matter. If
  219. 7:43you want to stay up to date with the
  220. 7:45latest information on judicial practice
  221. 7:46, subscribe to the channel, as well as
  222. 7:47to our page on Yandex.Zen, our VK group
  223. 7:49, and our Telegram channel. Thank you
  224. 7:51for your donations, for your views, for
  225. 7:53your comments and likes. Bye everyone.

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