Alternative civil service is ... FZ on alternative civilian service

An alternative civil service is the opportunity given by the state to avoid military service under certain conditions, and which ones, about this further.

Normative regulation

The replacement of the alternative civilian military service is under the tutelage of the Federal Law under the number 113. The bill was signed by the president and published on the 25th day of the second month of summer (July) in 2002. This normative legal act regulates social relations that are related to the realization of the right of every citizen of a man to replace military service with another type of activity. It is important to note that this rule applies exclusively to young people who are required to serve in the army by conscription. Alternative civil service is a real opportunity to avoid a rigid regime, providing in exchange skills, education and years of experience.

About general provisions

Article 1 of the above-mentioned federal law provides the following definition: an alternative civil service is a kind of special activity that is performed by a specific person in the interests not only of the state, but of society. Service is recognized as an alternative in the case when citizens are required to perform labor activities in exchange for the service of conscription.

The law on alternative civilian service also points to a certain sphere of regulatory legal regulation. The first act among all the variety of laws is the Constitution of Russia. Further, according to the legal force, they are followed by FKZ and federal laws. By-laws, as well as international norms, which are duly ratified on the territory of Russia, are also a legal source regulating the status of citizens performing civil service.

Replacement conditions

The replacement of military service by an alternative civilian is possible only if certain conditions are present, which are also listed in Federal Law No. 113.

The first condition is the impossibility of carrying out the service on conscription, connected with religious beliefs or confession. Indeed, many religions prohibit the commission of military actions against a person, or in another way say that it is sinful to serve.

Another condition is associated with the lifestyle of a particular person. So, the law says that the right to alternative civilian service can be realized by a representative of a small people who leads a way of life closely connected with agriculture, handles crafts, and also lives and earns by leading a traditional lifestyle similar to Such at the early historical stages of human development. In fact, interpreting the words of the legislator, it can be concluded that people who have been engaged in traditional crafts all their lives can not be useful to the state when passing service.

The conditions for male members assigned to the service

FZ "On Alternative Civil Service" defines the internal conditions for those who have the right of transition. Thus, Article 3 states that:

• This type of service is carried out only by men, whose age varies between 18-27 years.
• Men must necessarily have the right to change the military service, respectively, all the above conditions must be observed.
• A man should not stay in reserve.

The above conditions are factual, that is, they come from certain living conditions. Also there are formal conditions to which the following belong:

• Submission of the application personally to the commissariat, which speaks about the need to replace the military service for the passage of civilian alternative service.
• The appeal commission must issue a corresponding decision in the order established by the regulatory legal acts.

Not all citizens, even those who have the basis for liberation, can undergo alternative service. Thus, the provisions of the federal law do not apply to males who:

• They are exempt from conscription for military service in connection with the grounds specified in the law "On Military Duty."
• Do not recruit for military service, for example, women.
• They have grounds or they were granted a respite from the draft.

Place of service

An alternative civil service is a type of activity, the peculiarity of which is the availability of labor legal relations, which can be carried out both individually and as part of any formulations clearly defined by law:

1. Organizations that are subordinate to federal executive bodies .
2. Organizations that relate to the authorities of the subjects.
3. In formations that belong to the organizations of the Armed Forces of the state, but as civilian personnel.

As practice shows, citizens undergo alternative civilian service outside the subject in which they permanently reside.

Special measures are applied to persons who are part of a small people. They are also not subject to the obligation to perform military service, an alternative civil service is conducted at the place of economic activity. The list of posts, as well as the workplaces at which an alternative service is possible, is approved by the Government of Russia.

When choosing a position or type of activity, it is necessary to take into account the level of education of a citizen, his previous occupation, specialty, work experience, qualifications, and also other kinds of qualities and skills that can be useful in the passage of service.

Life time

An alternative civil service is a duty that is limited to certain terms. In Federal Law No. 113, it is stated that the term of alternative civilian service is more than one-hundredth of a hundredth of the time for the conscription service. This means that there is no clearly defined date, if the term of military service changes, the alternative will also undergo changes in the above proportion.

To date, the term of alternative civil service is 42 months, and for graduates of higher education - 21 months. In the event that citizens undergo alternative service in the formations of the Armed Forces of the Russian Federation, the term of this activity is 3 years, and for those who graduated from higher education - 18 months.

The counting of the alternative service starts from the day the person has died for the service. The date is indicated by the military commissariat. Day of the end of service is considered the day of termination of the contract, which was concluded with the person in connection with the dismissal from the service.

Days not valid for service

There are certain days that can not be accounted for during the service life, namely:

• A walk . Since this activity along with the above regulatory and legal acts is regulated by the Labor Code of the Russian Federation, absenteeism is the absence of an employee in the workplace for more than 4 hours continuously during the working period in accordance with the contract or instruction.
• Extra leave , which is provided by the employer for training in educational organizations, does not count towards the service life.
• The time of criminal punishment served in places of detention, or administrative - in the form of arrest.
• Performance of labor duties in a state of intoxication , as well as appearance in the workplace.

Organization of the service

The first requirement, which is presented for the organization of an alternative type of service, concerns the legislation of the Russian Federation, which fully regulates this type of activity. The direct participants, organizing the passage of service, are the subjects of the Russian Federation. These participants perform the following functions:

• Provide a list of vacant specialties that are suitable for this type of service. The federal authorities make proposals to improve the types of work, expand their list, and provide operational information concerning professions, positions and all involved persons.
• They keep records of organizations that are subordinate to the subjects and are suitable for passing the type of service in question.
• Accept and send to the appropriate authorities the necessary information about citizens who have arrived for the service.
• They monitor the implementation of the norms of legislation, the legality of the concluded labor contract, as well as its execution.

Thus, comparing modern Russia with the Soviet Union, it can be noted that many citizens are given a real opportunity to give their debt to their homeland, not wearing their shoulders in epaulettes. Certain exceptions provide for military duty. Alternative civil service, in turn, grants the right to repay debt to its country in a different form.