On September 19, the State Duma introduced a package of amendments to the Criminal Code, which introduces the concepts of “mobilization”, “martial law” and “wartime”. It was adopted in an accelerated manner on September 20: immediately in the second and third readings.
The document introduces new articles of the Criminal Code of the Russian Federation: "Voluntary surrender" (Article 352.1) and "Looting" (Article 356.1). An aggravating circumstance here is the commission of a crime "during the period of mobilization or martial law, in wartime." So, for voluntary surrender, they can be given a period of 3 to 10 years – if there are no signs of treason. Criminal punishment is also introduced for refuseniks: for non-execution of the order of the chief given during martial law – a term of two to three years.
In addition, the bill introduces changes for Russians who are in the reserve and are called up for military training or for mobilization according to subpoenas. For this category – since they are already considered military personnel – criminal liability is introduced for failure to appear or desertion. But for those who have not yet been called up for military training, that is, have not yet become liable for military service, as lawyer Pavel Chikov explained to The Insider, there is no criminal liability for failure to appear. In this case, only administrative responsibility arises – a warning or a fine in the amount of 500 to 3000 rubles.
The Insider spoke with the director of the human rights group Citizen. Army. Pravo” by Sergey Krivenko on issues related to mobilization, which became the most acute for Russians during the day: who is subject to mobilization, who will be called up first and whether it will be possible to leave the country.
Who is subject to mobilization, and who will be called first?
In Russia, mobilization has never been announced, and how exactly it will take place is unclear. There is a framework law “On mobilization in the Russian Federation”: there is “mobilization” and “martial law”, and these concepts are different. Martial law can only be introduced by presidential decree on the territory of the whole of Russia or several regions, in fact, martial law is a status within which the rights of citizens can be limited: travel from the region is prohibited, vehicles are taken away from enterprises and citizens for defense needs, that is, quite many provisions that worsen the lives of Russian citizens.
Mobilization is the same call for military service, but only for those citizens who are in reserve. And there are many of them, tens of millions – these are those who served and after the army go to the reserve and live a civilian life. Even those who did not serve are sent to the reserve – upon reaching 27 years. Women with military specialties: doctors, signalmen and others are also in reserve.
When mobilization is announced, the state acquires the right to compulsory conscription of all citizens for military service in the army. This does not necessarily mean that they will be sent to the front line: the army consists of the rear and many other formations. Mobilization can be partial, that is, some separate groups will be called up: the entire reserve is divided into several categories depending on age, military specialty, rank and other conditions. They can, for example, announce that the storekeepers of the first or second category are being called up. What categories will be called up and whether there will be mobilization at all depends on Putin.
Changes are now being made to the Criminal Code. There have already appeared words about mobilization and martial law, but the changes apply only to military personnel. So far, the authorities have not announced mobilization, so far there is only the threat of its announcement.
And what about conscripts? The word "mobilization" does not apply to them?
No, they are already military personnel and can be sent to war, but only after four months of conscription. If we talk about conscripts in general, then the Russian Armed Forces consist of two parts: military personnel on contract and on conscription. In this “special military operation”, that is, in the war with Ukraine, now mainly contracted military personnel are participating, although there were also conscripted military personnel. A conscripted serviceman may be sent to participate in hostilities only four months after receiving a military registration specialty. Theoretically, any conscript who is now in the army, after four months, can be sent to war in Ukraine. In Russia, this is a very unpopular decision – this has been going on since Afghanistan and the Chechen wars, which is why both the president and the Ministry of Defense have stated several times that conscripts will not fight. And only thanks to this decision, conscripts are not sent yet. They can be sent now, no mobilization or martial law is needed for this – they can be sent right now.
What will happen to Russians with medical specialties?
Each case must be looked at individually. All physicians are liable for military service, regardless of gender, and they can be drafted into the army under the conditions of mobilization. Before mobilization, participation in the war is only a voluntary decision. “Business trips” are now practiced: decisions come down from above that a certain civilian medical institute should send a team of doctors to the “DNR” or “LNR”. I do not know who to help, but so far it is voluntary. If a person refuses, then he can be fired and deprived of payments, but this does not imply criminal prosecution. In conditions of mobilization, people are sent forcibly. As for doctors, they can announce both total mobilization and partial: that is, for certain categories.
Is it possible to declare mobilization in certain regions?
Mobilization can be partial, that is, not everyone who is in the reserve is called up, but only some categories. To the question whether mobilization can be announced in a particular region, lawyers do not have a clear answer: there is no such ban, but there is no such practice either. Russia, on the other hand, has no borders, it is necessary to create some kind of detachments or roadblocks here so that people do not leave this region. That is, it is not entirely clear how the authorities will act if mobilization and martial law are declared in a separate region.
What responsibility entails an attempt to disobey a mobilization order?
Good question. There is no liability in the Criminal Code yet, but changes can be made fairly quickly. In accordance with Art. 28, 29 and 59 of the Russian Constitution, which speaks of the right to refuse military service and the need for the state to take into account the convictions of citizens even when martial law is introduced and mobilization, one can demand the replacement of military duties by civilian ones. It will probably be impossible to completely abandon the performance of civil duties during mobilization, but it is possible to demand the replacement of military duties with civilian ones. There is no such practice, because there was no mobilization, but there is an analogy: just as there is a law when you can replace military service with an alternative civilian service during conscription, you can also try to demand a replacement during mobilization. That is, that a person should not be sent to the army, but to perform civic duties. People with anti-war convictions will be able to do this and not go to the army – even during mobilization.
Will exit from the country be restricted for those who are in draft categories?
Judging by what is happening in Ukraine, yes. They do not let men of the appropriate age abroad. There are also conditions, such as having children. It can be assumed that if mobilization is announced in Russia, the exit of at least men and those liable for military service will be restricted.
Second citizenship in this case will not help?
This is individual. Between different countries there are special agreements on the availability of second citizenship, there may be special conditions. If a person is considered a citizen of Russia, then Russia considers that he, first of all, is a citizen of Russia and performs the corresponding duties.
As for employees of various organizations, can they be called up with the same salary and position?
No one knows. As far as I remember, there is no such thing in the Labor Code. There are opportunities to save wages only in the case of military training, but during mobilization – no, this is a draft into the army, and after the draft a new life begins. In our country, even when drafted into the army, a place is not saved. It is only for pregnant women that there is such social support, but there is no such support for mobilization.
