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The conscription for military service is a constitutional duty, the duty to defend the Fatherland – the order, the conditions for its implementation, problems and ways to resolve them are the object of attention in domestic science and the subject of various conflicts, litigation, incl. in the Constitutional Court of the Russian Federation. Currently, the bulk of the issues related to conscription for military service have been removed, not least thanks to the mechanism of constitutional justice.
constitutional duty to defend the Fatherland, conscription for military service, alternative civil service, constitutional legal proceedings, legal position
1. The Constitution of the Russian Federation. Adopted by popular vote of December 12, 1993 (with changes approved during the all-Russian vote of July 1, 2020). URL: http://publication.pravo.gov.ru/0001202007040001 (accessed 25.10.2021). (In Russ.)
2. On improving the regulation of certain issues of the organization and functioning of public authorities: law RF on the amendment to the RF Constitution no. 1-FKZ of March 14, 2020. Collected Legislation of the RF, 2020, no. 11, art. 1416. (In Russ.)
3. National security strategy of the Russian Federation. Approved by the Decree of the President of the Russian Federation no. 400 of July 2, 2021. Collected Legislation of the RF, 2021, no. 27, part II, art. 5351. (In Russ.)
4. Kazakov R. M. Constitutional foundations of the defense of the fatherland in the Russian Federation. Author’s abstract... candidate of legal sciences. Saratov, 2009. 30 p. (In Russ.)
5. On military duty and military service: federal law no. 53-FZ of March 28, 1998 (as amended of May 29, 2019). Collected Legislation of the RF, 1998, no. 13, art. 1475. (In Russ.)
6. On the system of public service of the Russian Federation: federal law no. 58-FZ of May 27, 2003 (as amended of February 7, 2021). Collected Legislation of the RF, 2003, no. 22, art. 2063. (In Russ.)
7. On alternative civilian service: federal law no. 113-FZ of July 25, 2002 (as amended of July 31, 2020). Collected Legislation of the RF, 2002, no. 30, art. 3030. (In Russ.)
8. On guarantees of the rights of the indigenous peoples of the Russian Federation: federal law no. 82-FZ of April 30, 1999 (as amended of July 13, 2020). Collected Legislation of the RF, 1999, no. 18, art. 2208. (In Russ.)
9. On the Unified List of Indigenous Minorities of the Russian Federation: resolution of the Government of the Russian Federation no. 255 of March 24, 2000 (as amended of May 26, 2020). Collected Legislation of the RF, 2000, no. 14, art. 1493. (In Russ.)
10. On weapons: federal law no. 150-FZ of December 13, 1996 (as amended of December 8, 2020). Collected Legislation of the RF, 1996, no. 51, art. 5681. (In Russ.)
11. On service in the internal affairs bodies of the Russian Federation and amendments to certain legislative acts of the Russian Federation: federal law no. 342-FZ of November 30, 2011 (as amended of April 30, 2021). Collected Legislation of the RF, 2011, no. 49, part 1, art. 7020. (In Russ.)
12. On amendments to certain legislative acts of the Russian Federation and invalidation of certain legislative acts (provisions of legislative acts) of the Russian Federation in connection with the adoption of the Federal Law "On the National Guard Troops of the Russian Federation": federal law no. 227 -FZ of July 3, 2016 (as amended of July 20, 2020). Collected Legislation of the RF, 2016, no. 27, part I, art. 4160. (In Russ.)
13. On service in the customs authorities of the Russian Federation: federal law no. 114-FZ of July 21, 1997 (as amended of April 30, 2021). Collected Legislation of the RF, 1997, no. 30, art. 3586. (In Russ.)
14. On institutions and bodies executing criminal sentences in the form of imprisonment: the law of the Russian Federation no. 5473-1 of July 21, 1993 (as amended of May 26, 2021). Vedomosti SND and the RF Armed Forces, 1993, no. 33, art. 1316. (In Russ.)
15. On service in the federal fire service of the State Fire Service and amendments to certain legislative acts of the Russian Federation: federal law no. 141-FZ of May 23, 2016 (as amended of April 30, 2021). Collected Legislation of the RF, 2016, no. 22, art. 3089. (In Russ.)
16. On the Investigative Committee of the Russian Federation: federal law no. 403-FZ of December 28, 2010 (as amended of July 1, 2021). Collected Legislation of the RF, 2011, no. 1, art. 15. (In Russ.)
17. International Covenant on Civil and Political Rights. Adopted on December 16, 1966 by Resolution 2200 (XXI) at the 1496th plenary meeting of the UN General Assembly. Bulletin of the Supreme Soviet of the USSR, 1976, no. 17, art. 291. (In Russ.)
18. Convention for the Protection of Human Rights and Fundamental Freedoms. Concluded in Rome of November 4, 1950. Collected Legislation of the RF, 2001, no. 2, art. 163. (In Russ.)
19. On the practice of consideration by the courts of criminal cases on evading military service and military or alternative civilian service: resolution of the Plenum of the Supreme Court of the Russian Federation no. 3 of April 3, 2008 (as amended of December 23, 2010). Bulletin of the Supreme Court of the RF, 2008, no. 6. (In Russ.)
20. Regulations on the military medical examination: approved by the decree of the Government of the Russian Federation no. 565 of July 4, 2013 (as amended of June 1, 2020, as amended of September 27, 2021). Collected Legislation of the RF, 2013, no. 28, art. 3831. (In Russ.)
21. On the procedure for awarding academic degrees: resolution of the Government of the Russian Federation no. 842 of September 24, 2013 (as amended of September 11, 2021). Collected Legislation of the RF, 2013, no. 40, part III, art. 5074. (In Russ.)
22. On the approval of the nomenclature of scientific specialties for which scientific degrees are awarded, and amending the Regulation on the Council for the Defense of Dissertation for the Degree of Candidate of Science, for the Degree of Doctor of Science, approved by order of the Ministry of Education and Science of the Russian Federation no. 1093 of November 10, 2017: order of the Ministry of Education and Science of Russia no. 118 of February 24, 2021 (registered with the Ministry of Justice of Russia no. 62998 of April 6, 2021). Access from the reference legal system “ConsultantPlus” (accessed 12.11.2020). (In Russ.)
23. On granting clergy the right to receive a deferral from conscription: decree of the President of the Russian Federation no. 969 of July 12, 2012. Collected Legislation of the RF, 2012, no. 29, art. 4068. (In Russ.)
24. On granting Old Believers the right to receive a deferral from conscription: decree of the President of the Russian Federation no. 256 of April 13, 2020. Collected Legislation of the Russian Federation, 2020, no. 16, art. 2563. (In Russ.)
25. On the national goals and strategic objectives of the development of the Russian Federation for the period up to 2024: decree of the President of the Russian Federation no. 204 of May 7, 2018 (as amended of July 21, 2020). Collected Legislation of the RF, 2018, no. 20, art. 2817. (In Russ.)
26. On the national development goals of the Russian Federation for the period up to 2030: decree of the President of the Russian Federation no. 474 of July 21, 2020. Collected Legislation of the RF, 2020, no. 30, art. 4884. (In Russ.)
27. The Criminal Code of the Russian Federation no. 63-FZ of June 13, 1996 (as amended of July 1, 2021). Collected Legislation of the RF, 1996, no. 25, art. 2954. (In Russ.)
28. The rules of conscription will be toughened. Gazeta.Ru, 2019, September, 20. URL: https://www.gazeta.ru/comments/2019/09/20_e_12663973.shtml (accessed 25.10.2021). (In Russ.)
29. On amendments to certain legislative acts of the Russian Federation regarding the implementation of measures to increase the prestige and attractiveness of military service on conscription: federal law no. 170-FZ of July 2, 2013 (as amended of October 30, 2014). Collection of legislation of the RF, 2013, no. 27, art. 3462. (In Russ.)
30. On the approval of the Regulations on military registration: Resolution of the Government of the Russian Federation no. 719 of November 27, 2006 (as amended of October 14, 2021). Collected Legislation of the RF, 2006, no. 49, part 2, art. 5220. (In Russ.)
31. Sokolov Ya. O. New requirements for conscripts: the obligation to register for military service at the place of actual residence. Law in the Armed Forces, 2019, no. 4, pp. 61—64. (In Russ.)
32. On the case of checking the constitutionality of the provisions of subparagraph «a» of paragraph 2 of Article 24 of the federal law "On Military Duty and Military Service" in connection with the complaint of the citizen P. A. no. 15-P of April, 2018. Bulletin of the Constitutional Court of the RF, 2018, no. 4. (In Russ.)
33. In the case of verifying the constitutionality of paragraphs of the second, third, tenth and twelfth subparagraph "a" of paragraph 2 of Article 24 of the federal law "On Military Duty and Military Service" in connection with the request of the Leninsky District Court of St. Petersburg: resolution of the Constitutional Court of the Russian Federation no. 19-P of May 22, 2018. Bulletin of the Constitutional Court of the RF, 2018, no. 5. (In Russ.)
34. On the approval of the Regulation on the procedure for passing the alternative civilian service: decree of the Government of the Russian Federation no. 256 of May 28, 2004 (as amended of March 26, 2019). Collected Legislation of the RF, 2004, no. 23, art. 2309. (In Russ.)
35. Sokolov Ya. O. Four reasons for violating the right of conscripts to replace military service with an alternative civilian. Law in the Armed Forces, 2019, no. 7, pp. 60—63. (In Russ.)
36. On complaints of citizens Mikhail Aleksandrovich Zhidkov and Oleg Sergeevich Pilnikov about violation of their constitutional rights by Article 11 of the Federal Law "On Alternative Civil Service": determination of the Constitutional Court of the Russian Federation no. 447-O of October 17, 2006. Bulletin of the Constitutional Court of the Russian Federation, 2007, no. 2. (In Russ.)
