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Карусель электронных повесток: новая неприятная тактика военкоматов. Чек-лист по защите — Transcript

by Легалайз · 3,068 words · 481 segments · language en · Watch on YouTube

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0:00Without further ado, let's dive
0:01straight into today's topic. Military
0:03commissariats have adopted a new and
0:05unpleasant practice. I want you to be
0:07aware of it. You may have already
0:09encountered this situation, or perhaps
0:11it's still to come. I call this
0:12practice the "carousel" of draft
0:14notices. What is it all about? Imagine
0:16a situation where you have already
0:17received one notice. Let's say, to
0:19verify your military registration data.
0:21You successfully fend off this notice
0:23by having a valid reason and updating
0:26your records remotely via mail or by
0:28sending a proxy. The notice is safely
0:31closed, and everyone is satisfied. But
0:32what happens next? Approximately 2-3
0:35weeks later, the military office sends
0:36you a new electronic notice. While you
0:39might succeed the first time, the
0:40second time, the office catches on that
0:42something is amiss. They refuse to
0:44accept a proxy or acknowledge any valid
0:47reasons whatsoever. They insist only on
0:50your personal appearance, or sometimes
0:52they just ignore your letters and go
0:54silent. You know, as if your letter
0:56doesn't even exist. At first, this
0:58practice appeared in some commissariats
1:00in Tatarstan, later Yaroslavl Oblast
1:02joined in, and in the last few days,
1:03followers have written to me about the
1:05same problem in the Moscow and Samara
1:07regions. The geography is gradually
1:10expanding, and while I initially
1:11thought it was just overzealousness by
1:14a single office, I now see it has
1:15become a trend. If it weren't for the
1:18restrictions that can be imposed 20
1:20days after your failure to appear, I
1:22would advise you to ignore it entirely.
1:24But citizens are often in quite
1:26difficult life situations. Because of a
1:29notice, a real estate deal, a mortgage,
1:30or the buying or selling of a car could
1:32fall through. Or when it comes time to
1:33register the vehicle with the traffic
1:35police. This is what I call a "carousel
1:36" mailing. The military office sends
1:38you notices until you give up and show
1:40up in person. And the motive is always
1:42one of two things. Either a call-up for
1:44military training or inserting a
1:46mobilization order into your military
1:47ID card. What should you do about this?
1:49I will post a detailed checklist on my
1:50Telegram channel. Subscribe. But as you
1:52know, you can't access Telegram without
1:54a VPN, so get two of them. Amnesia via
1:57my link with a 15%discount as your
1:58primary, including bypass of whitelists
2:00. And you can use MyName as a backup.
2:03There are 40 locations, a monthly
2:04subscription, and it's easy to try out.
2:06Both QR codes are on the screen, scan
2:08them, and see you on the channel. I
2:09also remind you that about 70%of
2:11viewers watch my videos without
2:12subscribing. If you find these
2:14breakdowns useful, please subscribe.
2:15For you, it's just one click, but for
2:16the channel, it's a huge support. Let's
2:18continue. I want to make a distinction
2:20right away. If you received a summons
2:21for the first time, rewatch my old
2:23video on this topic. It contains an
2:24algorithm. Plus, there is a separate
2:26checklist in my Telegram channel. Today
2:27we are talking specifically about the
2:29situation where the first summons has
2:30already happened. You barely managed to
2:32fend it off, and then a new summons
2:33arrived. That means you have become a
2:35participant in a carousel. To start,
2:36let's talk about the biggest fear. It
2:38is more or less the same for everyone.
2:39These are restrictions and fines. Let
2:41me dwell on them in detail. What kind
2:43are there? These include the suspension
2:44of your driver's license and a ban on
2:46vehicle registration with the traffic
2:47police. Then there is a ban on real
2:49estate transactions and its cadastral
2:51registration. Next is a ban on new
2:52loans and borrowings, as well as a ban
2:54on registering as an individual
2:55entrepreneur or self-employed. However,
2:57travel abroad is restricted only for
2:58conscripts. Reservists are not affected
3:00by this, let me remind you. Now, the
3:01first thing you need to understand.
3:02These restrictions are not imposed
3:04automatically. The decision to impose
3:05them is signed by the military
3:07commissar with an electronic signature
3:08and sent to the relevant agencies. So,
3:10it often happens that 20 days since the
3:12date of non-appearance have passed, but
3:13there are still no restrictions.
3:15Sometimes several months pass after the
3:17non-appearance date before restrictions
3:18are actually imposed. And let's also
3:20talk separately about the notification
3:22on Gosuslugi that restrictions will be
3:23imposed in 5 days. This mailing is of a
3:26technical nature. It does not mean that
3:28the restrictions will actually be
3:29imposed. It only says that the grounds
3:31for their imposition will soon appear.
3:33Whether these restrictions will be
3:34applied or not is a separate question.
3:35Therefore, you don't need to start
3:37running around like a headless chicken
3:38upon receiving this notification and
3:39lament your hard fate. How do you know
3:41if the restrictions were actually
3:42imposed? You will receive a
3:43notification on Gosuslugi and your
3:45phone that restrictions have been
3:46applied to you. That is when it has
3:48truly happened. Until that moment, your
3:50status does not change at all. The next
3:52question is even more interesting.
3:54Which restrictions actually work in
3:55practice? The practice here is very
3:57inconsistent. Sometimes it says in the
3:59registry that a restriction is imposed,
4:00but in reality, it doesn't work at all.
4:02If the registry shows a ban on real
4:04estate registration, say, that doesn't
4:05mean Rosreestr will necessarily refuse
4:07you. What actually works most often?
4:09First is the restriction on real estate
4:11transactions. It is more likely to be
4:12working than not. Second is the travel
4:14restriction for conscripts. This is the
4:16most well-established restriction. In
4:17about half of all cases, it already
4:19works. Third. You will not be able to
4:21process a driver's license for any
4:23reason, neither replace one nor get a
4:25new one. But no one is restricting your
4:27currently valid license. You are not
4:28being removed from driving a car. There
4:30is no required legislative norm for
4:32that yet. Registration of individual
4:33entrepreneurship and self-employment is
4:34also already being restricted. But in
4:36fact, loans are not prohibited. The
4:38bank cannot check you, and they don't
4:39yet know how to enforce these
4:40restrictions. The conclusion is this:
4:42if you don't have a real estate deal
4:43coming up, and you aren't planning to
4:45renew your license or register as a
4:46sole proprietor. There is no urgency in
4:48your situation. There is no need for
4:50theatrics here. Take a breath. You can
4:52afford a more relaxed strategy. Now,
4:55what can be done? Let's go from the
4:56simplest options to the most complex.
4:58The first option is to repeat what
5:00worked the first time. That is, send
5:02another application stating a valid
5:03reason or requesting a clarification of
5:05your military registration data.
5:06Sometimes it works a second time; it
5:08just depends on the specific enlistment
5:09office. Although, the very reason for
5:11recording this video is exactly this
5:13point. If it worked once, well, there's
5:15a high probability they will brush you
5:17off the second time and insist on you
5:19appearing in person. It is still worth
5:21trying; it’s free and carries no risk
5:22. The second option is to trigger an
5:24appeals process on the grounds that
5:26they did not consider your valid reason
5:27or failed to respond within the legally
5:29established timeframe. If the
5:30restrictions don't scare you, and
5:32I’ll remind you that fines for
5:33failure to appear are issued extremely
5:35rarely, get a written refusal from the
5:36enlistment office by mail, for example,
5:38or through a representative with power
5:39of attorney, and challenge it at a
5:41higher enlistment office or the
5:42military prosecutor's office. The third
5:44option is to do nothing. Yes, this is
5:46also an option, and for many, it is the
5:48most reasonable one, but only on the
5:49condition that the restrictions pose no
5:51serious danger to you at all. And here
5:52is what an unpleasant situation looks
5:54like now. You receive a summons just in
5:56time for some life-changing decision. A
5:58family mortgage, buying or selling an
6:00apartment, or your driver's license is
6:02expiring and you really need a car, or
6:04you are buying or selling a vehicle.
6:06You can buy or sell it, but you won't
6:08be able to register it with the traffic
6:09police. That’s when you can no longer
6:11simply do nothing, unless, of course,
6:12you are ready to give up on a family
6:14mortgage or a car just to avoid going
6:15to the enlistment office. And here we
6:17move to a higher level, because you can
6:20run from summons to summons
6:21indefinitely, but a carousel is a
6:23carousel because it never stops. You
6:26can stop it only if you appear in
6:28person or if you obtain grounds for a
6:30deferment. Let me remind you why they
6:32are actually calling you in. It is for
6:33a mobilization order or for military
6:35training camps. And remember here,
6:37neither one equals your automatic
6:39conscription. Having an order inserted
6:41into your records does not mean you
6:42will be taken. A decision on that will
6:43be made separately by the mobilization
6:45commission. A call to clarify data with
6:47an eye toward military training camps
6:48also doesn't mean you will necessarily
6:50be sent to those camps. These are
6:51intermediate stages, and each of them
6:53can be managed. How do you manage them?
6:55work by showing that you have grounds
6:57for a deferment. For a mobilization
6:59notice, this is Article 18 of the
7:00mobilization law, which lists the
7:02grounds, plus the presidential decree
7:04on student deferments. For training
7:06camps, it is Article 55 of the law on
7:08military duty. You can read the full
7:10list yourself, but in practice, I most
7:12often encounter only two grounds. These
7:14are studies and having three or more
7:16minor children. A real-life example
7:18from practice. A subscriber from
7:20Tatarstan was caught in a mass mailing
7:21campaign. He had no grounds to avoid
7:23service. The military enlistment office
7:24really wanted him to appear in person.
7:25The citizen promptly enrolled in an
7:27educational institution, obtained
7:29student status, and thus acquired a
7:30ground that protected him more or less
7:32reliably under these conditions. So, if
7:34you do have grounds for a deferment, I
7:36see these options. Send a
7:37representative to the enlistment office
7:38with a power of attorney, not to file a
7:40request, but rather with the task of
7:41finding out the reason for the summons.
7:42Let them specifically find out what
7:43they want to hand you or paste into
7:44your documents. If it is for training
7:46camps, send an application for
7:47exemption from military training,
7:49attaching the necessary documents, for
7:50example, the same enrollment
7:52certificate. If it is a mobilization
7:54notice, write a letter in free form.
7:56Citizens in the reserve who do not have
7:58grounds for a deferment are subject to
8:00mobilization call-ups. I have such
8:02grounds, and I am attaching the
8:03documents. Therefore, pasting a notice
8:05into my documents is pointless in my
8:06case. Samples of applications and how
8:07to submit them can, again, be found in
8:09the Telegram channel. Subscribe. Here
8:11we are getting a bit creative because a
8:12summons for a camp has not been served
8:14to you yet, a notice hasn't been pasted
8:16into your military ID either, and
8:17formally, it's as if you are trying to
8:19solve a problem that hasn't arisen yet.
8:21The enlistment office might reply: "
8:22What are you talking about?""We just
8:23want to update your data." But this is
8:25one of the few remaining options that
8:27does not require your personal
8:28appearance. And it works much more
8:30often than it seems. Well, if only
8:33because no one wants to bother with a
8:34person who brings documents and cites
8:36legal articles. And finally, the last
8:38line of defense. You have no deferment.
8:41The restrictions are a problem for you.
8:43You are afraid to go to the enlistment
8:44office. Then there are exactly two
8:46options: accept the restrictions or
8:47fight back through alternative civilian
8:49service? Yes, formally, ACS is provided
8:51only as a substitute for conscript
8:53service, but there is the Constitution,
8:54Article 59 of which speaks of the right
8:56to substitute military service with
8:58alternative service if it contradicts
9:00one's convictions. There is a
9:01Constitutional Court ruling stating
9:03that the lack of a formal mechanism
9:05does not mean a citizen is deprived of
9:07this right. Therefore, an application
9:08for ACS should bring the enlistment
9:10office to a dead end, whether in the
9:11case of a training camp or a
9:12mobilization notice. They simply do not
9:13have a legally established procedure
9:15for how to handle this. Why even submit
9:16such an application if they can't send
9:18you to alternative civilian service
9:19anyway? First. Well, you decrease your
9:21own appeal. It’s easier for them to
9:23deal with drills and summons if the
9:24person doesn't resist at all. The
9:26military enlistment office, like any
9:27bureaucracy, follows the path of least
9:28resistance. Second, you create a basis
9:31for an appeal. If the military
9:32enlistment office still doesn't back
9:34down, your application becomes an
9:35argument for court. You declared your
9:37beliefs, and they either didn't respond
9:38or responded with a refusal. That is
9:40the subject of the dispute. What should
9:41you do for this? To start, formulate
9:43your belief. Why, personally, can you
9:45not take up arms? Religious, moral,
9:48ethical, or philosophical reasons.
9:50Gather evidence: public statements,
9:51participation in humanitarian projects,
9:53character references from friends,
9:54colleagues, or a religious community,
9:56and submit the application to the
9:57military enlistment office in person in
9:59duplicate—so they stamp the second
10:00copy as received—or by registered
10:02mail with an inventory, depending on
10:03the situation. Now, the situation is
10:06one with no good options, but you have
10:08no grounds for a deferment. Potential
10:10restrictions pose a serious problem for
10:12you. You don't want to write an
10:13application for alternative civilian
10:14service. The military enlistment office
10:15insists on a personal appearance. Then
10:17a personal visit to the military
10:18enlistment office remains the only
10:19option. Let's discuss what might happen
10:21there and how to prepare. First, the
10:23good news. Most often, data
10:25verification actually ends with staff
10:27copying your details, filling out your
10:29military ID, and letting you go on your
10:30way. Most visits go exactly like that,
10:33but there are still risks, and they are
10:35significant. The first is that they
10:36will hand you a summons for military
10:38drills on the spot. The second risk:
10:39they will try to glue mobilization
10:41orders into your military ID. They
10:43might also often lecture you on the
10:44benefits of contract service, collect
10:46questionnaire data, and have you write
10:48a formal refusal, for example, stating
10:50that you do not wish to serve under
10:52contract. Let's start with the drills.
10:54You cannot refuse a paper summons on
10:56the spot because, if you refuse, they
10:58will draft an act of non-delivery, and
10:59the summons will still be considered
11:01served. Therefore, at this stage, I do
11:03not recommend refusing it here. It is
11:05pointless. But look, there is an
11:07opportunity here to exploit a system
11:09bug. According to the law, restrictions
11:11are introduced based on a summons
11:12posted in the registry, but paper
11:13summonses handed out at the military
11:14enlistment office are often not
11:16duplicated in the electronic registry.
11:17Since there is no summons in the
11:18registry, theoretically, there are no
11:20grounds for restrictions. Yes, we had a
11:22law that allowed for restrictions based
11:24on paper summonses, but it contains
11:26wording that this is permitted only
11:28until the registry begins operation.
11:30Our registry is operational, which
11:31means the rule no longer applies.
11:33Military enlistment offices may
11:34certainly think otherwise, but you now
11:35have an argument for a dispute.
11:36Furthermore, almost no one is fined for
11:38failing to show up for drills. In my
11:40practice, there has only been one such
11:41case in all this time. From there, you
11:43work through the same mechanism of
11:45valid reasons, deferments, or obtaining
11:47category D, if you have medical grounds
11:49to be exempt from service. I have
11:51already released a separate video on
11:52this topic. Now, about the mobilization
11:54order. There is a maneuver you can try
11:56here. You can come to the enlistment
11:58office without your military ID, just
12:00with your passport or a certified copy
12:01of it. Then there will simply be
12:03nowhere to attach the order. But I must
12:05warn you right away that, by law, you
12:06are required to appear with your
12:08original military ID. If they turn you
12:09away and say, "Come back with the
12:11original," the staff will be in the
12:12right. This is a risk you take on
12:14consciously. If you do have your
12:16military ID with you and they offer to
12:18attach it, refuse. The argument is as
12:20follows. The reason for being summoned
12:21by the notice is to verify your
12:23military registration data. To attach
12:24orders, they should summon you with a
12:26separate notice containing the
12:27appropriate wording. Often, this works.
12:29The employee shrugs and lets you go.
12:31It’s not guaranteed that a new notice
12:32won't arrive specifically for attaching
12:33the order, but still. And under no
12:35circumstances should you sign the
12:36logbook for receiving the order. And
12:37one more life hack from practice.
12:39Usually, there are two windows or two
12:41offices at the enlistment office. In
12:42one, they verify the data, and in the
12:43other, they attach the orders.
12:45Absolutely nothing prevents you from
12:46verifying your data in the first office
12:47and just not going to the second.
12:49Naturally, you don't need to announce
12:50this to everyone. You verified, nodded,
12:52and left. You were summoned to verify
12:54data, you verified it. If they did end
12:56up attaching the order, it’s not a
12:57tragedy. The working mechanism is the
12:59same. Either grounds for a deferment or
13:01contesting the attachment based on
13:03formal grounds. For example, that’s
13:04not what you were summoned for. You can
13:06also try to change your enlistment
13:07office by moving, but there are no
13:09guarantees here. They might also attach
13:10a mobilization order at the new address
13:12. I have had such cases in my practice.
13:14What to do next with the order is also
13:15in the same video. Again, checklists
13:17and document templates are in the
13:18Telegram channel. Subscribe. And on
13:19that note, I suggest we wrap up today's
13:21video. If you liked it, don't forget to
13:23subscribe to the channel, like this
13:25video, and send it to someone who might
13:26find it interesting. Don't forget about
13:29other ways to support the channel; this
13:30is, of course, optional. And with you
13:32was Andrey, see you soon.

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