Responsibility for evading military conscription

This is the second case in 2017 of a conscription-age citizen evading conscription for military service, which was heard with the participation of the Vitebsk Transport Prosecutor's Office. In this case, the conscript was convicted of evading conscription for military service under Part 1 of Article 435 of the Criminal Code of the Republic of Belarus, i.e., in the absence of such qualifying signs of evasion as causing self-harm, simulating illness, forging documents, or other deception. In the presence of such signs, the severity of punishment for the committed crime significantly increases (Part 2 of Article 435 of the Criminal Code of the Republic of Belarus provides for punishment in the form of imprisonment for up to 5 years). In this regard, conscripts should clearly understand that failure to appear without valid reasons for a military commissariat summons for conscription events, or other actions related to evasion of conscription events, entail legal liability. At the same time, everyone, even in case of committing such actions, always has the opportunity to avoid criminal liability. For example, by voluntarily appearing at the military commissariat before the end of the conscription, the young man who evaded conscription measures may be subjected only to administrative liability under Article 25.1 of the Code of the Republic of Belarus.Belarus on administrative offenses. In certain cases, a conscript may be exempted from criminal liability if the offense was caused by a confluence of difficult circumstances. Article 10 of the Law of the Republic of Belarus "On Military Duty and Military Service" also provides a list of reasons that are recognized as valid in case of failure to appear for military conscription events: injury (wound, trauma, concussion) or illness of a citizen, associated with the loss of his working capacity; severe health condition of the father, mother, stepfather, stepmother, wife, husband, son, daughter, brother or sister, grandfather, grandmother, guardian of a citizen, or participation in the funeral of the specified persons; obstacles arising as a result of force majeure, or other circumstances beyond the citizen's control; other reasons recognized as valid by the conscription commission or court. The reasons for non-appearance must be confirmed by documents from the relevant authorities.

Based on this, it is necessary to understand that if there are objective circumstances preventing appearance at conscription events, it is necessary to promptly inform the conscription commission about them. Article 39 of the aforementioned Law directly stipulates that in such cases, the conscript is obliged to appear at the military commissariat and submit documents confirming the reasons for non-appearance within 5 working days after the circumstances preventing appearance at conscription events cease. Otherwise, the conscript may be held liable as provided for by law. It should also be noted that Articles 31 and 32 of the Law provide for a wide range of grounds for exempting citizens from conscription for military service or granting them deferment of conscription due to the conscript's health status, family situation, continuation of education or obtaining a specialty, undergoing alternative service, performing official duties, as well as in connection with criminal prosecution. On the last of the specified grounds, persons are not subject to conscription for military service during the period of criminal proceedings against them.prosecution, court consideration of a criminal case, serving a sentence, and having a criminal record. After the removal or expiration of a criminal record, a conscript may again be summoned for conscription activities, and in case of evasion from them, be brought to criminal responsibility.

In view of the foregoing, we would like to once again call on citizens of conscription age, in order to avoid unnecessary problems with the law, not to evade conscription activities for military service and, above all, to appear on time for summonses to the military commissariat and submit to the conscription commission documents certifying both the validity of the reasons for non-appearance for the summons, if such facts occurred, and the grounds for exemption from conscription or granting deferment of conscription for military service. In the complete absence of a desire for conscription military service among specific conscripts, we would like to recommend that they resolve the situation exclusively by legal means (continue their studies, enroll in alternative service, inform the conscription commission about their illnesses that prevent conscription, and undergo the necessary medical examination).

Assistant to the Vitebsk Transport Prosecutor
Junior Counselor of Justice V.O. Shevernovskaya