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FEDERAL LAW OF THE RUSSIAN FEDERATION

of March 28, 1998 No. 53-FZ

About conscription and military service

(as amended on 26-05-2021)

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 by the citizens who do not have nationality (citizenship) 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), 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), military divisions of Federal fire service and the special forming created on wartime, and citizens, having nationality (citizenship) 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 and in voluntary procedure (under the contract);

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;

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

send to two weeks on requests of military commissariats necessary for entering in documents of military accounting of the information about the citizens who are arriving on military accounting, staying on the military registry, and also not consisting, but obliged to stay on the military registry;

send to two weeks in 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;

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.

1.1. If the head of state body or organization or municipal body is notified in writing by military commissariat 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 military commissariat on dismissal of this citizen from public service or municipal service within ten days from the date of its dismissal.

2. Heads of the organizations performing operation of premises officials (workers) of these organizations responsible for military and accounting work shall report in two weeks in military commissariats data on changes of list of the citizens who are constantly living or staying more than three months which stay on the military registry or do not consist, but shall stay on the military registry.

3. Law-enforcement bodies within the competence shall:

send to two weeks on requests of military commissariats and Items of selection for military service under the contract necessary for entering in documents of military accounting of the information about the citizens staying on the military registry;

make search and in the presence of legal causes to perform detention of the citizens evading from military accounting, conscription or military charges, passings of military service or military charges;

send to two weeks in 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 and also the information about persons who acquired citizenship of the Russian Federation and subjects to statement on military accounting;

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.

3.1. Ceased to be valid according to the Federal Law of the Russian Federation of 03.07.2016 No. 305-FZ

4. Bodies of civil registration shall report in two weeks in military commissariats data on modification of acts of civil status of the citizens who are staying on the military registry or not consisting, but obliged to stay on the military registry.

5. Bodies of inquiry and bodies of pretrial investigation shall inform in two weeks military commissariats on excitement or the termination of criminal cases concerning the citizens who are staying on the military registry or not consisting, but obliged to stay on the military registry, or on the direction of the specified criminal cases in court.

6. Federal courts in two weeks report in military commissariats:

about excitement or the termination of criminal cases by them concerning the citizens who are staying on the military registry or not consisting, but obliged to stay on the military registry;

about the sentences which took legal effect concerning the citizens who are staying on the military registry or 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. Federal institutions of medico-social examination shall report in two weeks in military commissariats data on recognition by disabled people of the citizens who are staying on the military registry or not consisting, but obliged to stay on the military registry.

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 statement.

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.

3. The organization, procedure and technique of holding actions for professional psychological selection of citizens (foreign citizens) in case of revenues to military service under the contract, citizens in case of receipt in the military professional educational organizations and the military educational organizations of the higher education, and also citizens (foreign citizens) in other cases established by regulatory legal acts of the Russian Federation are determined by the Minister of Defence of the Russian Federation or the head of other federal executive body or federal state body in whom this Federal Law provides military service.

4. By results of professional psychological selection in the cases specified in Item 1 of this Article one of the following conclusions about professional suitability of the citizen (foreign citizen) is taken out:

a) it is recommended first of all - the first category;

b) it is recommended - the second category;

c) it is recommended conditionally - the third category;

d) it is not recommended - the fourth category.

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