Sometimes it happens that military service really needs to be postponed for some time, but so as not to hide from the military registration and enlistment office, but to continue your old life, without fear that you can be drafted into the army at any moment. In this article we will tell you in what cases the law of the Russian Federation provides for a deferment from service.
Most often, young guys receive a deferment for health reasons. Unfortunately, at present the health of the younger generation leaves much to be desired. In this regard, there is a huge list of diseases, in the presence of which a potential fighter is provided with a delay for some time so that he can improve his health. This list is expanding from year to year. Therefore, if you need to postpone your service, thoroughly study the schedule of illnesses, perhaps there you will find the illness you have, if any. If you are still studying at school (this also happens), at a technical school or college, at an institute or at a university, you are also entitled to a deferment from the army, provided that these educational institutions do not have expired accreditation and your studies are full-time. If you are studying in the evening department or by correspondence, then a deferment is not provided for you. You can defer military service while studying if certain conditions are met:On our website.
Deferment from the army is also possible for family reasons. Russian legislation provides for several cases for the law to come into force:You can download it here.
A possible extension of the spring conscription into the army until August 31 may entail a violation of the constitutional right of school graduates to transition from secondary to vocational education, says Efim Rachevsky, member of the Public Chamber (OP), director of the Tsaritsyno Education Center number 548.
In accordance with paragraph 1 of Art. 28 Federal Law"ABOUT military duty And military service", a deferment from conscription for military service is granted by decision of the draft commission.
The grounds for granting a deferment are given in Article 24 of the Law “On Military Duty and Military Service”. In subparagraph "a" of paragraph 2 of the mentioned article of the law, students of institutions have the right to deferment general education(gymnasiums, schools, etc.) until the age of 20.
Citizens studying in institutions of primary, secondary and higher education can also receive a deferment for a period not exceeding the standard period of study curriculum. This deferment has no age limit and is granted no more than twice during the course of obtaining two levels of education.
A conscript has the right to a deferment during training if the following four conditions are simultaneously met:
1. He is studying in a state or municipal educational institution. If the educational institution is non-state, then the right to a deferment is only available if the institution has state accreditation.
2. He receives general (in schools, lyceums and other general educational institutions) or professional (in schools, technical schools, colleges, universities, postgraduate schools, residencies, postgraduate courses, etc.) education. At the same time, when receiving a general education, a citizen has the right to a deferment only until he reaches the age of 20, and when receiving a professional education (except for postgraduate education) - only for the period of validity of the standard deadlines for mastering basic educational programs.
3. He is studying full-time (and no other) way. In addition to students educational institutions a number of special bodies and services.
4. He did not exceed the limit of two deferments (the limit does not apply to those receiving postgraduate professional education and studying in educational institutions of some special bodies and services).
Schoolchildren who, for some reason, were “delayed” in secondary school(or lyceum) up to 18 years of age, receive the first deferment already at school and can continue studying at this level for up to 20 years. In this case, they have only one deferment left to obtain further professional education.
Due to the increase in the spring conscription campaign, the General Staff advises 18-year-old school graduates to enroll in university before July 15, since military deferments do not apply to applicants.
However, some students still have a chance to avoid the army. As experts note, if an 18-year-old graduate took advantage of an “educational” deferment at school and manages to enter a university without ending up in the army, then he will have every right for a second deferment to study at the university. This is clearly stated in paragraph 2 of Art. 24 of the Law "On Military Duty and Military Service".
As for the “gap” between finishing school and entering a university, during this period no deferments apply, and against young man a criminal case may be initiated for draft evasion (Article 328 of the Criminal Code of the Russian Federation).
However, if a young man still manages to enroll in a university before being convicted of evasion, then he will be exempt from criminal punishment “due to a change in the situation” - since he already has the right to a deferment. This is what the courts are recommended to do in the resolution of the plenum of the Supreme Court of the Russian Federation dated April 3, 2008.
To obtain an exemption from conscription for military service in accordance with Article 23 of the Federal Law “On Military Duty and Military Service,” the conscript must submit all Required documents, confirming the right to exemption from conscription (Sample applications: sample 1; sample 2).
It is important to know that a conscript will not be granted a deferment from conscription for military service until he is examined for health reasons. Therefore, in cases where mothers or other relatives of conscripts bring certificates from educational institutions to the draft commission, the decision to defer may not be made, since the conscript himself did not appear at the draft commission for a medical examination, and he may automatically be included in the list of “draft dodgers.” "and will be held accountable in accordance with the law.
In February 2010, amendments to the law “On Military Duty and Military Service” were submitted to the State Duma for consideration, proposing that school graduates who are over 18 years old should not be drafted into the “spring conscription.”
The document proposes to give such 18-year-old graduates a deferment until the fall (until October 1). However, this will affect children who will turn 18 before July 16. Spring conscription into the army runs from April 1 to July 15, and autumn conscription from October 1 to December 31.
The explanatory note notes that the spring conscription period partially coincides with entrance exams to universities. The authors of the amendments believe that 18-year-olds who have graduated from school are actually limited in their right to enter college.
In practice, military registration and enlistment office employees are given the opportunity to resolve conscription issues at their own discretion, which creates the preconditions for corruption.
The material was prepared based on information from RIA Novosti and open sources
Graduates planning to continue their education in professional and higher educational institutions are worried: is a deferment possible and how, without going against the law, can they be freed from the army for the entire period of study? The right not to interrupt education is provided for by innovations in the law. Not all students will be able to use it. The article will help you understand who can use this right, how many times this is possible and under what conditions.
The rules for deferment are considered in Article 24 of Federal Law No. 53. Legal act The Russian Federation from 1998 underwent some transformations and was supplemented with amendments in 2016. In 2019, full-time students received a number of benefits in accordance with the second paragraph of Article 24. Students of secondary specialized educational institutions (colleges) can now freely receive full-time education and not interrupt their studies until they receive a diploma. Before the amendment was introduced in 2016, secondary school students were drafted into the army upon reaching 20 years of age. The summons could have been served on the eve of receiving the diploma.
The desire to acquire a vocational education after leaving school has become legislatively supported by the state. Innovations in the Federal Law “On Military Duty and Military Service” allow students to master their chosen profession without interrupting the educational process and receive a diploma before being sent to the army. There are a number of provisions that allow you to temporarily evade the army and get the desired education.
The following have the right to continue and complete their studies:
Students of general education institutions, having reached conscription age (18 years), receive the first deferment and remain in the educational institution until certification of secondary general education. Schoolchildren are not drafted into the army; temporary releases are issued for them at the regional commissariat.
Former students do not receive summonses after graduation either. Upon completion of 11th grade, a young person has the opportunity to enter a higher educational institution during the summer, because... he is given a reprieve until October 1.
Upon admission to college, a citizen receives a second deferment until completion of his studies. If an 18-year-old citizen has been admitted to a secondary school, then the student will receive a summons on a general basis. He can be summoned from October 1 to December 31. In this case, a second summons cannot be avoided.
It is important to note that a deferment is provided in case of successful passing the Unified State Exam and obtaining a certificate of general secondary education.
Thus, parents of future conscripts can determine how to obtain temporary release from service after graduation. For example, it is better to send your child to school from the age of 6.
According to the old laws, until 2019, secondary school students were sent to the army at the age of 18, regardless of the course of study. The exception was those who entered secondary school after finishing 9th grade, because Along with vocational training, students undergo a general education program. Young people received temporary exemption from military service for up to 20 years.
Starting from January 1, 2019, all college and technical school students have the right to complete their education, master their chosen profession and graduate as certified specialists. The innovation does not limit age and training time. Students of grades 9 and 11 who have not reached 18 years of age can safely go to college without fear that the educational process may be interrupted
It is important to take into account that such a deferment is provided to students of colleges and technical schools that have received accreditation from the state to implement educational programs.
Another important condition to apply for a deferment at a college or technical school: students who have not previously received one during school are entitled to it. Those. If a citizen has completed his school education before reaching conscription age and went to study at an accredited educational institution, then he has every chance of getting exemption from the army for the period of study. School graduates who are over 18 years old will be served with summons by military registration and enlistment office staff on a general basis. They have no other option to “leave” the army.
It won’t be possible to move it away even after vocational education. A college graduate will not be able to enter a higher educational institution and graduate without serving in the army. Usually, after graduating from technical school, they wait for conscription, and already having a military ID in hand, they successfully enter the institute and graduate from it.
Conscripts receive temporary exemption if the educational institution has state accreditation. The agenda will definitely be handed to part-time students, as well as to those studying full-time, part-time and evening.
Only conscripts studying full-time at a higher educational institution that has passed state accreditation can receive a deferment from the army.
An applicant who has passed the entrance competition and entered a higher educational institution must register for military education. Registration is carried out at the military registration desk, which is available at each university.
The procedure for granting a deferment is the same for all educational institutions. To register, you will need to submit the following basic documents:
With an extract, registration certificate, passport, student ID, you need to go to the military registration and enlistment office. Here you can undergo a military medical examination of your health status. The draft board makes a decision and grants temporary release from the army - this is an official, final decision. In the future, you can safely receive higher education, graduate from an educational institution, defend your diploma, without worrying about the agenda.
It is important to understand that only personal appearance at the military registration and enlistment office with the required documents guarantees the official deferment from the army. You cannot send an extract from the university by mail or transfer it through third parties. It is necessary to undergo a military medical commission and personally receive a decision on temporary release from service. The information will be included in the registration certificate.
Having successfully completed a bachelor's degree, a citizen can receive the following temporary exemption from the army under certain conditions:
According to the law “On Military Duty and Military Service,” a student can safely obtain the next academic degree in a master’s program without being distracted by service. The procedure is simple: you need to submit an application to the commissariat and submit the required documents. It must be remembered that the conscript will definitely be given a summons if he goes on study leave or vacation after receiving his diploma.
Admission to a second master's program does not guarantee a second exemption from military service. Further stay within the walls of the institute is possible upon admission to graduate school.
When a specialist or master's degree is under his belt, a citizen has two options: go to serve or continue his studies in graduate school. What are the guarantees that they will not be drafted into the military registration and enlistment office? By becoming a graduate student, you can avoid further service, and by continuing your education, you can reach the end of conscription age. All actions are completely legal.
Let's look at how this works out in practice.
Obtaining scientific degrees in graduate school gives big advantage upon receiving temporary release. Simple conditions must be met:
There are no other requirements. After completing postgraduate studies, the legislative act makes it possible to prepare for a dissertation defense within a year, defend it and receive another scientific degree. In addition, the Law of the Russian Federation “On Military Duty and Military Service” does not limit the number of further extensions of temporary exemptions upon admission to another graduate school. The conditions remain the same: studies must be carried out full-time during the day, and the program must be accredited.
Young scientific staff of higher educational institutions enjoys the most favorable conditions to extend the release. Russians of military age who are studying in graduate school, residency and internship have the opportunity to repeatedly renew their temporary release. The age of the conscript and the duration of training are not taken into account. Submitting an application for exemption from service for studies three times will allow you to completely avoid a summons, because The entire education process will take 10 years, starting at age 18. The maximum conscription age is 27 years. Thus, each time you rise one step higher in the educational process, you can legally avoid being sent to service.
There are some other nuances that you can safely use without fear of being served with a subpoena. During postgraduate studies, a summons can be avoided:
If for some reason a student decides to transfer to another higher education institution, the exemption continues to apply. The transfer must be initiated by the conscript himself, and not by the administration, for example, for poor academic performance, behavior, etc. In this case, the duration of the course should remain the same or less. Otherwise, studies at the institute will continue only after service.
Expulsion from an educational institution must take place in the format of transfer to another higher institution.
In general, release from service occurs once, but there are exceptional cases. Art. 24 of the Law of the Russian Federation “On Military Duty and Military Service” stipulates possible episodes of repeated extension of exemption.
An additional extension of temporary release is possible:
It is important to understand that re-release is possible with a continuous educational process. In any case, it is possible to officially extend the release only at the military registration and enlistment office.
The word “continuing” education means completing one level of education and moving on to the next in one calendar year. Another condition is the presence of accreditation. Both the educational institution and the educational program must have this status. If the program or university does not have state accreditation, then a deferment is not possible for the student.
Citizens who decide to go for a second higher education, students studying part-time, evening courses or part-time are not suspended from service.
IN Lately Russian citizens often leave for foreign countries to get a diploma higher education European level. Military registration and enlistment offices do not issue temporary exemption to study in a foreign country. In order to successfully receive a diploma from a foreign university and not receive a summons from the military registration and enlistment office, a written application for deregistration from military registration for reason is sufficient. The legislative act in this case states that if a citizen resides for a long time in another state, he is removed from the military register.
At the military commissariat, the draft commission reviews the application, and the citizen is removed from the register. This procedure is not provided for students studying abroad remotely, if the person is in the territory for the entire period Russian Federation.
In all cases, regarding deferments, you can consult with the lawyers of our company. We work exclusively with conscripts. A timely request for help from specialists will help you avoid annoying mistakes and prevent you from missing an opportunity.
Provided for by Russian legislation, they are enshrined in the Federal Law “On Military Duty and Military Service”. The provision of deferments for obtaining education is described in paragraph 2 of Article 24 of this law. In accordance with the law, a conscript can exercise the right to receive a deferment in several cases: for studying in secondary, secondary specialized and higher educational institutions.
During the period of study at school, a student cannot be called up for service, regardless of his age. Deferment from the army in the 11th grade for boys over 18 years of age is granted until October 1 of the year in which he graduates from school. It is important to consider that it is provided only if the conscript has successfully passed the final certification (USE) and received a school certificate.
On January 1, 2017, amendments to the Federal Law “On Military Duty and Military Service” regarding the provision of deferment for students of secondary specialized institutions will come into force.
Now, in order to receive a deferment for studying at a college or technical school, several conditions must be met:
Previously, temporary exemption from conscription was granted to young men until they reached the age of 20 (for those who entered after 9th grade) and 18 years of age (for those who entered after 11th grade). From January 1, the law removes the time limit. Now college students can get an education without worrying that the deferment will end before graduation. Now temporary exemption from the army is granted for the entire period of mastering educational programs.
The changes will also affect those young people who previously received a deferment for their college education and are already receiving an education. These young men will also be able to take advantage of their deferment regardless of reaching a certain age.
But we must not forget about important aspect. A college or technical school gives a deferment from the army only if it has passed state accreditation for educational programs. You can view colleges with deferment on the website Federal service on supervision in the field of education and science.
The answer to the question of whether they give a deferment from the army after college or technical school has its own nuances. Only those young men who graduated from a secondary specialized educational institution before reaching the age of 18 or have not yet exercised the right to the first deferment have the right to temporary exemption from military duty.
If a conscript, on the basis of a university order, is enrolled in a state-accredited educational program, he also has the right to a deferment for the period of study at a higher educational institution.
It is important to note that university students are not given a deferment from the army while studying by correspondence. Does not give the right to temporary exemption from conscription and part-time study. Deferment from the army is guaranteed only to those students who are enrolled full-time.
To obtain it, the student needs to register with the military registration office of the university, for which he must provide the following documents:
After this, the conscript must obtain a certificate from the dean’s office of the university stating that he is indeed a student of the university. The certificate must indicate:
With this certificate, as well as the registration certificate, conscripts must come to the military registration and enlistment office and undergo a medical examination, and then receive a decision from the draft commission to grant a deferment.
Remember that only the military registration and enlistment office, and not the leadership of the educational institution, can exempt a young man from conscription. It also needs to be taken into account thatmilitary department and deferment from the armyare not considered by law in a single context. Military training does not provide the student with additional benefits. Therefore, if a young person does not have a deferment, then studying for military department will not guarantee temporary exemption from conscription.
To receive another deferment after completing a bachelor's degree, several mandatory conditions must be met:
There is a widespread belief that one can only enroll in a master's program at the university where the student studied as an undergraduate. However, this is not so: if the above conditions are met, then you can choose any master’s program for admission.
It is important to consider that a deferment for admission to a master's program is provided only if the citizen graduated from school before reaching the age of 18. Young people who reach adulthood while studying in 11th grade are granted a deferment only for admission to a bachelor's degree.
If, after completing a master's degree, a conscript has a desire to continue his studies, then he can enroll in graduate school and thus receive another deferment from conscription. Postgraduate studies provide a deferment from the army for the entire period of study (usually 3 years). In addition, after completing training, the applicant is given a 1-year grace period to defend his dissertation.
Note! The number of deferments for admission to graduate school is not limited by law. Thus, if you are expelled, you can enroll in graduate school again and get a deferment again.
As a rule, a draft deferment is given to a conscript once. However, there are several exceptions to this rule:
As you can see, the main criterion that allows you to be temporarily released from service again and again is the continuity of the educational process. If a conscript enters a new educational institution in the year of graduation from the previous one (provided that each new institution is a new stage of education), then he can safely use deferments until the end of conscription age.
An important point: a mandatory condition for granting a deferment is training in an educational program that has state accreditation. If the program (or the educational institution as a whole) is not accredited, the conscript will not be granted a deferment. There is also no deferment from the army for second higher education.
The legislation also provides several opportunities to take a break from studying, but at the same time retain the right to a deferment.
Obtaining a deferment has many nuances. If you have any questions, we are ready to answer them. You can get a free consultation by phone hotline or in our group
The grounds for obtaining a deferment from the army are specified in Article 24 of the current Federal Law “On Military Duty and Military Service.” With the onset of 2017, adjustments to the above article came into force. The amendments affected young people receiving education in secondary, secondary specialized and higher educational institutions. Who has the right to receive a deferment from the army and what its duration is, we will consider in more detail in the article.
The Federal Law “On Military Duty and Military Service” was adopted on March 28, 1998. The law regulates the duties of military personnel to fulfill their duty to defend the Fatherland according to the Constitution, as well as the procedure for enlisting citizens of the Russian Federation, including foreign citizens, into military service.
The law includes 9 sections and 65 articles:
Articles 16, 30 and 59 have lost their legal force.
The current edition is dated July 26, 2017, the provisions came into force on August 6 of the same year. Some of its provisions will come into force in the new year - January 1, 2018. Article 24, regulating the receipt of a deferment from the army, was amended by an amendment dated July 3, 2016; the changes and additions came into force from the beginning of 2017.
There are many reasons for deferment from the army, which are all described in Article 24. Let us consider in more detail who and on what grounds can receive temporary release.
Due to health conditions
During a medical examination of a conscript, there is a fitness category “G”, which indicates a temporary health disorder - fractures, dystrophy or excessive obesity. This category is assigned by the draft commission, which issues a verdict on a temporary deferment from the army for a period of up to 1 year. Six months later, the conscript undergoes a second medical examination. If there is no deterioration in health, a final decision is made on the citizen’s fitness.
Getting an education at an educational institution
Pupils and students have the right to a deferment from the army if they undergo full-time study at accredited educational institutions. This paragraph has been amended - If previously it was possible to obtain a deferment until the age of 20, now the temporary exemption will be valid for the entire period of study. This concerns schools, colleges, universities. Those who entered graduate school or defended their dissertation and received the title of candidate of science can also count on temporary exemption. The deferment from conscription into the army is one-time only. However, this rule has an exception if the conscript wishes to continue his education, for example, after school he entered a college or university, etc.
For family reasons
Deferment from the army may be granted if the conscript:
Also, a young person receives temporary exemption from the army if he cares for his parents, spouse, grandparents, or siblings. Required condition deferments - the absence of other relatives obligated to support them, the presence of a medical certificate indicating the need for constant outside care and they are not on state support.
Another reason for deferment from the army is the conscript's taking on guardianship/trusteeship of a minor brother/sister, if there are no other relatives ready to take responsibility for the children.
In connection with work
Deferment from the army is given to employees of the Department of Internal Affairs, State Border Service, Penitentiary Service, Federal Drug Control Service and customs officers. The main condition is to enter service in these bodies immediately after graduating from the university of the above bodies. Also, civil servants (deputies) can count on temporary exemption from military service.
By order of the President
Every year, 500 people receive a deferment from the army, thanks to the order of the President. Young people are selected from among talented youth to support scientific potential.
The federal military deferment law provides for varying lengths of temporary release. If we're talking about about health— then the deferment is valid until 1 year.
In a situation where the conscript is a student of one of the educational institutions, the duration will be the entire period of training. Previously, a conscript was required to interrupt his studies upon reaching the age of 20. We must not forget that a deferment from the army by law can be given 2 times, provided that the young man has decided to continue his studies further at a higher educational institution.
If conscript plays the role of a single father, then the deferment from the army will last the entire period while he raises the child on his own. The situation is repeated in the example with the presence of 2 or more children or when there is already one child and the spouse is 26 weeks pregnant. In the case of a disabled child, the young man will not be drafted into the army until the child turns 3 years old. Every year, documents proving these facts must be provided to the military registration and enlistment office until the conscript reaches 27 years of age. Things to remember:If the child dies or the father is deprived of parental rights, then the temporary exemption from the army will be lifted. In the case of caring for relatives or registering guardianship, the duration of the temporary deferment from the army depends on the time of performing these functions.
If the conscript is serving in the civil service, then the deferment from the army will be valid for the entire period of fulfillment of powers in these bodies. If a young person participates in elections, the duration will be the entire period of participation in elections up to the day the results are announced or, in the case of early withdrawal, up to and including the day of withdrawal.
To fully understand the current provisions of the law, you should familiarize yourself with its relevant contents. Download in latest edition with all changes and amendments can be done by .
Twice a year - from October to December and from April to July - conscription time comes. The law will be interesting to read for conscripts who want to receive a deferment from the army under Article 24 of the current law.
