FEDERAL LAW OF THE RUSSIAN FEDERATION

of March 28, 1998 No. 53-FZ

About conscription and military service

Accepted by the State Duma of the Russian Federation on March 6, 1998

Approved by Council of the Russian Federation on March 12, 1998

This Federal Law performs legal regulation in the field of conscription and military service for the purpose of realization by citizens of the Russian Federation of the constitutional debt and obligation on protection of the Fatherland, and also legal regulation of revenues to military service and military service in the Russian Federation of foreign citizens.

Section I. General provisions

Article 1. Conscription

1. The conscription of citizens of the Russian Federation (further - citizens) provides:

military accounting;

obligatory preparation for military service;

conscription;

passing of military service;

stay in inventory;

appeal on military charges and passing of military charges during stay in inventory.

2. During mobilization, in the period of warlike situation and in wartime the conscription of citizens is determined by the Federal constitutional Laws, the Federal Laws, other regulatory legal acts of the Russian Federation and also provides:

conscription on mobilization, in the period of warlike situation and in wartime;

passing of military service during mobilization, in the period of warlike situation and in wartime;

military training in the period of warlike situation and in wartime.

3. Citizens are exempted from execution of conscription only on the bases provided by this Federal Law.

4. Citizens have the right to perform the constitutional debt on protection of the Fatherland by voluntary revenues to military service according to the procedure, established by this Federal Law.

5. Citizens have the right to replacement of military service with alternative civil service according to the Constitution of the Russian Federation and the Federal Law.

6. Execution by citizens of conscription is provided within the competence by public authorities, other state bodies, local government bodies and the organizations irrespective of legal forms and patterns of ownership (further - the organizations) and their officials.

7. Compensation for expenses, suffered by the organizations and citizens in connection with execution of this Federal Law, is payment commitment of the Russian Federation and is performed according to the procedure, determined by the Government of the Russian Federation.

Article 2. Military service. Military personnel

1. Military service - special type of the Federal State Service performed:

the citizens who do not have nationality (citizenship) of the foreign state or the residence permit or other document confirming the right to permanent residence of the citizen in the territory of foreign state - in the Armed Forces of the Russian Federation and in troops of national guard of the Russian Federation (further also - other troops), in rescue military forming of the federal executive body authorized on the solution of tasks in the field of civil defense (further - military forming), in Russian Foreign Intelligence Service, bodies of the Federal Security Service, bodies of the state protection, bodies of military prosecutor's office, military investigating authorities of the Investigative Committee of the Russian Federation and federal body of ensuring mobilization preparation of public authorities of the Russian Federation (further - bodies), in military divisions of Federal fire service and the special forming created on wartime;

the citizens having nationality (citizenship) of foreign state either the residence permit or other document confirming the right to permanent residence of the citizen in the territory of foreign state and foreign citizens - in the Armed Forces of the Russian Federation and military forming.

2. Passing of military service is performed:

citizens - at the call of;

the citizens who do not have nationality (citizenship) of the foreign state or the residence permit or other document confirming the right to permanent residence of the citizen in the territory of foreign state - in voluntary procedure (under the contract);

the citizens having nationality (citizenship) of foreign state either the residence permit or other document confirming the right to permanent residence of the citizen in the territory of foreign state and foreign citizens - under the contract on the military positions which are subject to substitution by soldiers, sailors, sergeants and foremen in the Armed Forces of the Russian Federation and military forming.

3. Citizens (foreign citizens) passing military service are military personnel and have the status established by the Federal Law.

4. Citizens (foreign citizens) passing military service are subject to obligatory state dactyloscopic registration in accordance with the legislation of the Russian Federation.

5. Data on the military personnel are entered in their personal records and documents of military accounting which maintaining and storage are performed according to the procedure, established by legislative and other regulatory legal acts of the Russian Federation.

Article 3. Legal basis of conscription and military service

1. The legal basis of conscription and military service are the Constitution of the Russian Federation, this Federal Law, other Federal Laws and other regulatory legal acts of the Russian Federation regulating questions of defense, conscription, military service and the status of the military personnel, the international agreements of the Russian Federation.

2. The decisions of interstate bodies made based on provisions of international treaties of the Russian Federation in their interpretation contradicting the Constitution of the Russian Federation are not subject to execution in the Russian Federation. Such contradiction can be established according to the procedure, determined by the Federal constitutional Law.

Article 4. Obligations of officials of public authorities and organizations for ensuring execution by citizens of conscription

1. Heads, other officials (workers) of the organizations, responsible for military and accounting work, shall:

notify citizens on challenges (agenda) of military commissariats in case of receipt, including electronically, such challenges (agenda) from military commissariats;

provide to citizens possibility of timely appearance on challenges (agenda) of military commissariats;

direct the information about the citizens, necessary for conducting military accounting, who are staying on the military registry, and also not consisting, but obliged to stay on the military registry, within five days from the date of change of the corresponding data, including with use of the federal state information system "Single Portal of the State and Municipal Services (Functions)" or if technically possible with use of the regional portal of the state and municipal services (functions) (further - the Portal of the state and municipal services (functions), according to the procedure, established by the Government of the Russian Federation;

send to military commissariats of the data on cases of identification of the citizens who are not staying on the military registry, but obliged to stay on the military registry within three working days, including with use of the Portal of the state and municipal services (functions);

hand to the citizens who are not staying on the military registry, but obliged to stay on the military registry, the direction in military commissariat for statement on military accounting according to paragraphs first and third Item 2 of article 8 of this Federal Law.

Military commissariats send challenges (agenda) to the organizations concerning citizens - employees of such organizations in written and (or) electronic form.

2. If the head of state body or organization or municipal body is notified by military commissariat, including electronically, on removal concerning the citizen who replaces position of public service or municipal service in such body or the organization, the conclusion specified in Item 1.1 of article 28 of this Federal Law, this head shall notify in writing on paper or electronic form with use of the Portal of the state and municipal services (functions) military commissariat on dismissal of this citizen from public service or municipal service within ten days from the date of its dismissal.

3. Law-enforcement bodies within the competence shall:

provide electronically the information about the citizens, necessary for conducting military accounting, who are staying on the military registry, and also not consisting, but obliged to stay on the military registry and moved to the new residence located outside the territory of the municipality of the previous residence, or registered in the place of stay for the term of more than three months with use of single system of interdepartmental electronic interaction, including in the state information resource containing the information about citizens necessary for updating of documents of military accounting (further - the state information resource);

provide electronically data on cases of identification of the citizens, necessary for conducting military accounting, who are not staying on the military registry, but obliged to stay on the military registry and also the information about persons who acquired citizenship of the Russian Federation and subjects to statement on military accounting with use of single system of interdepartmental electronic interaction, including in the state information resource;

provide electronically data on availability (absence) of criminal record and (or) the fact of criminal prosecution, necessary for conducting military accounting, or on the termination of criminal prosecution with use of single system of interdepartmental electronic interaction, including in the state information resource;

perform search and in the presence of legal causes to detain the citizens avoiding conscription, persons which self-willedally left military unit or the place of passing of military service if concerning the specified citizens criminal prosecution is performed, and in case of initiation of proceedings about administrative offenses about non-execution by citizens of obligations on military accounting, including on receipt of the agenda, or about evasion of citizens from medical examination or physical examination in case of the address of officials of military commissariats, representatives to constitute protocols on the corresponding administrative offenses, to bring the citizens who made the specified offenses to service premises of law-enforcement bodies (police) or premises of local government bodies of the rural settlement and to apply other measures of ensuring production for cases on administrative offenses;

hand to the citizens who are not staying on the military registry, but obliged to stay on the military registry, the direction in military commissariat for statement on military accounting at the place of residence or the place of stay when implementing their registration at the place of residence or the place of stay.

4. The data on state registration of death and change of name containing in the Unified state register of civil registrations, and data on introduction of corrections or changes in record of acts of death and change of name, containing in the Unified state register of civil registrations are provided in military commissariats by methods, according to the procedure, terms and structure which are established by the Federal Law of November 15, 1997 No. 143-FZ "About acts of civil status".

5. Bodies of inquiry and bodies of pretrial investigation shall provide electronically data on excitement or the termination of criminal cases, necessary for conducting military accounting, concerning the citizens who are staying on the military registry, and also not consisting, but obliged to stay on the military registry, or about the direction of the specified criminal cases in court with use of single system of interdepartmental electronic interaction, including in the state information resource.

6. Federal courts shall submit in electronic form within two weeks from the date of pronouncement of the relevant decision (sentence, the resolution, determination) within military commissariats of the data on the sentences which took legal effect concerning the citizens who are staying on the military registry, and also not consisting, but obliged to stay on the military registry with the direction in military commissariats of military documents of the citizens condemned to obligatory works, corrective works, restriction of freedom, arrest or imprisonment.

7. The fund of pension and social insurance of the Russian Federation shall provide the information on recognition by disabled people of the citizens, necessary for conducting military accounting, who are staying on the military registry, and also not consisting, but obliged to stay on the military registry with use of single system of interdepartmental electronic interaction, including in the state information resource.

8. Public authorities of subjects of the Russian Federation shall provide in electronic form data on the state of health of the citizens, necessary for conducting military accounting, who are staying on the military registry, and also not consisting, but obliged to stay on the military registry in the state information resource.

The medical organizations shall provide data on the state of health of the citizens, in electronic form public authorities of the subjects of the Russian Federation necessary for conducting military accounting, who are staying on the military registry, and also not consisting, but obliged to stay on the military registry.

9. The Russian Central Election Commission shall provide electronically in the state information resource the following data necessary for conducting military accounting:

about the citizens elected deputies of the State Duma of Federal Assembly of the Russian Federation, deputies of legislature of subjects of the Russian Federation, deputies of representative bodies of municipalities or heads of municipalities and performing the powers on permanent basis about terms of their powers;

about the citizens registered in accordance with the legislation of the Russian Federation about elections as candidates for the positions replaced by means of direct elections or for membership in bodies (chambers of bodies) of the government or local government bodies;

from the register of voters, participants of referendum (including about registration of citizens at the place of residence and (or) the place of stay).

10. The educational organizations of the higher education and the scientific organizations within the competence shall provide in the electronic form information about the citizens, necessary for conducting military accounting, studying in the specified organizations for full-time courses for the programs of secondary professional education, bachelor degree, specialist programme, magistracy, programs of internship, assistantship training, programs of preparation having the state accreditation scientific and research and educational personnel in postgraduate study including in the state information resource.

11. The Ministry of Public Education of the Russian Federation, public authorities of subjects of the Russian Federation in the field of education within the competence shall provide in the electronic form information about the citizens, necessary for conducting military accounting, who are studying full-time in the general education organizations, in the professional educational organizations for the general education programs and programs of secondary professional education having the state accreditation including in the state information resource.

The general education organizations, the professional educational organizations concerning the citizens studying according to the general education programs and programs of secondary professional education for full-time courses having the state accreditation shall provide data, in electronic form the Ministry of Public Education of the Russian Federation, public authorities of subjects of the Russian Federation necessary for conducting military accounting.

12. Federal bodies of the power, public authorities of subjects of the Russian Federation, other state bodies and the organizations shall provide other information necessary for conducting military accounting, according to the procedure, established by the Government of the Russian Federation.

Article 5. Actions for ensuring execution of conscription, revenues to military service for the contract or receipts in mobilization human reserve

1. Holding actions for medical examination and professional psychological selection in case of statement on military accounting, conscription or revenues to military service under the contract, receipt in mobilization human reserve, receipt in the military professional educational organizations and the military educational organizations of the higher education, the conclusion with the Ministry of Defence of the Russian Federation of the training contract, stipulated in Item 1 either 4 Articles 20 or Item 1 of article 20.2 of this Federal Law, appeal on military charges, to medical examination earlier recognized restrictedly suitable for military service for health reasons, to medical examination of the citizens who are not staying in inventory, called up for military service before the direction to the place of passing of military service, the organization of operation of the device of strengthening of military commissariats and holding other actions connected with military accounting conscription or revenues to military service under the contract, receipt in mobilization human reserve and appeal on military charges, are performed by military commissariats.

Holding actions for medical examination and professional psychological selection of the citizens selected for revenues to military service under the contract in troops of national guard of the Russian Federation and in the bodies specified in Item 1 of article 2 of this Federal Law is performed by also specified troops and bodies.

Holding actions for physical examination in case of initial statement on military accounting, conscription or revenues to military service under the contract, receipt in mobilization human reserve, receipt in the military professional educational organizations and the military educational organizations of the higher education, the conclusion with the Ministry of Defence of the Russian Federation of the training contract, stipulated in Item 1 either 4 Articles 20 or Item 1 of article 20.2 of this Federal Law, appeal on military charges is performed by the medical organizations for the direction of military commissariats, and in the case provided by the paragraph the second this Item, also in the directions of troops of national guard of the Russian Federation and the bodies specified in Item 1 of article 2 of this Federal Law.

2. Average earnings are paid to the citizens participating in actions for ensuring execution of conscription, revenues to military service for the contract or receipts in mobilization human reserve during participation in the specified actions for the place of their permanent job, the expenses connected with hiring (subhiring) of housing and payment of journey to other area and back and also traveling expenses are refunded to them.

Article 5.1. Medical examination and physical examination of citizens in connection with execution of conscription revenues to military service under the contract or receipt in mobilization human reserve

1. Citizens in case of statement on military accounting, conscription or revenues to military service under the contract, receipt in mobilization human reserve, receipt in the military professional educational organizations and the military educational organizations of the higher education, the conclusion with the Ministry of Defence of the Russian Federation of the training contract, stipulated in Item 1 either 4 Articles 20 or Item 1 of article 20.2 of this Federal Law, appeal on military charges, passing of alternative civil service, and also the citizens who are earlier recognized restrictedly suitable for military service for health reasons undergo medical examination by specialists doctors (the therapist, the surgeon, the neuropathologist, the psychiatrist, the oculist, the otorhinolaryngologist, the stomatologist) and in case of need - doctors of other specialties. In coordination with the commander (chief) of military unit (the military-medical organization) for medical examination of the specified citizens military specialists doctors can be attracted. Medical examination of the citizens enlisting under the contract, arriving in the military professional educational organizations and the military educational organizations of the higher education includes carrying out chemical and toxicological researches of availability in human body of drugs, psychotropic substances and their metabolites.

1.1. Medical examination of the citizens specified in Item 1 of this Article and who are handicapped children, disabled people of the I group or having other group of disability without specifying of term of re-examination in connection with execution of conscription by them from their consent or with the consent of their legal representatives is carried out in absentia based on documents which list is determined by the Regulations on military-medical examination approved by authorized federal executive body.

1.2. Medical examination of the citizens who are subject to conscription, having the reasons for provision of draft deferment on military service or the right to release from conscription (except for the citizens specified in Item 2.1 of Article 22 and the subitem "an" of Item 1 of article 24 of this Federal Law), is carried out according to their application submitted including electronically with use of the Portal of the state and municipal services (functions), or to the written address of the citizen to military commissariat.

2. The doctors leading work on medical examination of the citizens specified in Item 1 of this Article by results of medical examination draw the conclusion about the validity of the citizen to military service on the following categories:

And - it is suitable for military service;

The B - is suitable for military service with insignificant restrictions;

In - restrictedly it is suitable for military service;

- it is temporarily not suitable for military service;

Д - it is not suitable for military service.

3. The procedure for the organization and performing medical examination of the citizens specified in Item 1 of this Article is determined by the Provision about voyenno - medical examination.

4. In case of impossibility of pronouncement of the medical certificate about the validity of the citizen to military service for health reasons during medical examination the citizen goes based on the decision of the commission on statement of citizens on military accounting or the draft commission accepted according to the conclusion of the specialists doctors who were taking part in medical examination on out-patient or stationary physical examination in the medical organization of the state health care system (except for the medical organization subordinated to federal executive body) or the medical organization of municipal health care system included in the list of the medical organizations conducting physical examination of the citizens specified in Item 1 of this Article, approved by the solution of the management official of the subject of the Russian Federation (the head of the supreme executive body of the government of the subject of the Russian Federation) according to the procedure, established by Regulations on military-medical examination.

5. Medical care is provided to the citizens in case of statement on military accounting and conscription recognized by results of medical examination temporarily not suitable for military service in the presence of medical indications according to the legislation in the field of health protection.

5.1. Availability of the bases for provision to citizens of delays and releases from conscription for health reasons, releases from execution of conscription in connection with recognition their not suitable for military service for health reasons and correctness of their provision are checked by the draft commission of the subject of the Russian Federation according to the procedure, established by Regulations on military-medical examination. In case of identification of violations in correctness of provision to citizens of delays and releases from conscription for health reasons, releases from execution of conscription in connection with recognition their not suitable for military service for health reasons, provided in work progress of the draft commission, according to the decision of the draft commission of the subject of the Russian Federation control medical examination of the specified citizens is carried out.

The citizens who declared disagreement with the conclusion about their validity to military service by results of medical examination go for control medical examination.

The citizens who are not staying in inventory, called up for military service before the direction to the place of military service have medical examination for the purpose of identification of the conditions and diseases interfering passing of military service for health reasons.

The procedure for the organization and performing medical examination of the citizens who are not staying in inventory, called up for military service before the direction to the place of passing of military service and control medical examination of the citizens who received delay or release from conscription for health reasons of the citizens who received release from execution of conscription in connection with recognition their not suitable for military service for health reasons and the citizens who declared disagreement with the conclusion about their validity to military service by results of medical examination is determined by Regulations on military-medical examination.

6. Financial provision of medical examination of the citizens specified in Item 1 of this Article is performed at the expense of means of the federal budget according to the procedure, established by the Government of the Russian Federation.

7. Financial provision of physical examination of the citizens specified in Item 1 of this Article is performed according to the legislation in the field of health protection.

Article 5.2. Professional psychological selection

1. Citizens in case of statement on military accounting, the direction for preparation on military specialties in public associations or the professional educational organizations, conscription or revenues to military service under the contract, receipt in mobilization human reserve, receipt in the military professional educational organizations and the military educational organizations of the higher education, the conclusion with the Ministry of Defence of the Russian Federation of the training contract, stipulated in Item 1 either 4 Articles 20 or Item 1 of article 20.2 of this Federal Law, and also foreign citizens in case of revenues to military service under the contract undergo professional psychological selection.

2. The organization, procedure and technique of holding actions for professional psychological selection of citizens in case of statement on military accounting, the direction for preparation on military specialties in public associations or the professional educational organizations, conscription, the conclusion with the Ministry of Defence of the Russian Federation of the training contract, stipulated in Item 1 either 4 Articles 20 or Item 1 of article 20.2 of this Federal Law, are determined by the Minister of Defence of the Russian Federation.

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