For those who are fit for military service and are not enlisted in the reserves, it is absolutely legal to receive a deferment from the army for one or more conscriptions.

Of course, no one will tell you about this at the military registration and enlistment office, but you need to know about your rights. After all, ignorance and inability to correctly prepare documents ruin plans, families and hopes.

5 ways to get a draft deferment

Method number 1. For family reasons.

There may be several reasons for deferment from the army due to family circumstances.

The conscript is an officially recognized single father of a minor child.

The conscript is the father of two or more minor children, he has a young child and a pregnant wife (pregnancy at least 26 weeks), he is the father of a disabled child no older than 3 years;

The conscript is the only close relative who can care for seriously ill parents, brothers/sisters, grandparents, guardians and adoptive parents, and this is officially documented.

The conscript is the sole guardian of minor brothers/sisters.

To receive a deferment from conscription, relatives must be citizens of the Russian Federation; a medical and social examination is required to confirm the circumstances that give the right to receive a deferment from the army for family reasons.

Method number 2. The conscript receives an education. A deferment from conscription is possible.

The most popular and reliable way is to get a deferment from the army while studying. It is given in the following cases:

If a conscript did not have time to complete secondary education, then until the end of his studies at school he receives a deferment for the period of study.

To receive a specialized secondary education, the student receives a deferment from military service.

While studying at a university for a bachelor’s, specialist’s or master’s qualification.

During postgraduate or doctoral studies.

Study deferment is granted once.

The exception is cases when a second deferment from the army is necessary to obtain higher education (if the citizen did not receive a deferment to obtain secondary vocational education) or in graduate school.

A student who has taken an academic leave or changed a university or major does not lose the right to a deferment, provided that the period of study does not increase by more than 12 months.

Expulsion from an educational institution for systematic poor performance and absenteeism with subsequent reinstatement does not give the right to a deferment from the army.

A deferment of one call-up or one year is granted:

During full-time study to obtain professional postgraduate education under special programs.

Until October 1 (for the spring conscription), the conscript receives a deferment upon successfully passing the State Examination and the Unified State Exam in order to enter a higher or secondary specialized educational institution.

The conscript received a deferment in accordance with the decree of the President of the Russian Federation.

Full-time study is a guaranteed reason to receive a deferment. The main thing is to collect the necessary package of documents to the military commissariat.

Method No. 3. Work in public services.

After receiving a higher education, a deferment from the army can also be obtained in connection with professional work in government bodies (provided that the higher education was received in educational organizations of the relevant bodies).

These include:

Fire services;

Customs authorities and structures of federal and local significance of the Russian Federation;

Bodies and structures of the penal system of the Russian Federation;

Internal affairs bodies.

Method number 4. Deputies receive a deferment from military service.

A reliable way to get a deferment from the army is to become a deputy or participate in an election campaign in:

State Duma of the Russian Federation;

To the legislative bodies of state power;

To the representative bodies of the municipality;

For the post of head of the municipality.

A deferment from the army is granted to a deputy only if he/she performs his/her duties permanently, not on a temporary basis.

Members of state self-government bodies, as well as members of state chamber bodies, can receive deferment from the army.

Method No. 5. Deferment due to health reasons.

The conscript's health status is determined by a medical commission. Based on the collected certificates, examination results and extracts from the medical history, as well as examination by specialists, a decision is made on the conscript’s fitness category.

A young person can:

Receive a deferment of 6 or 12 months for health reasons when assigned category “G”. The provision of this category is associated primarily with surgical interventions, injuries, and treatable diseases.

Who can count on the help of a lawyer in obtaining a deferment from the army?

Men aged 18 to 27 years who have not completed military service and are not enlisted in the reserves for health reasons.

Conscripts who received a summons to the military registration and enlistment office.

Young men of military age in difficult life circumstances.

If you need a deferment and need to collect documents to obtain a deferment, but you do not know which ones are needed in your case.

If your rights were violated at the military registration and enlistment office.

Every young man who has reached the age of 18 and has no contraindications for health reasons is subject to conscription for military service.

Young people who have not reached the age of majority plan to continue their education after graduating from school and serve the country after receiving higher education. Many are trying to hide from the army, while others are looking for legal ways to postpone visiting the military registration and enlistment office.

Business first, service later

How to legally obtain a deferment from the army? There are several options that involve postponing the service:

• getting an education;
• related work;
• family circumstances;
• unsatisfactory medical indicators.

How to Avoid Conscription

When adulthood has already arrived, but the basic school program has not yet been completed, the first deferment from the army is granted, allowing you to receive secondary education. In this case, the student is subject to the next conscription, but he is given the opportunity to enroll in a higher education institution (HEI) that provides a full-time study program.

If the reception is successful, the conscript may receive a second deferment from the army until he completes his studies.

Studying by correspondence does not offer benefits, so it is useless to waste time on this option; in this case, military service cannot be avoided. Admission to secondary specialized educational institutions (SSUZ) also does not give the right to a second deferment.

SSUZ

When entering a college or technical school, a student, if he has already reached the age of majority, is given only one opportunity to receive a deferment until he completes his studies and reaches the age of 20 years. It is believed that if a citizen has already exercised the right to education, he can repay the debt to the state.

Deferment from the army after college is not allowed for subsequent admissions, be it any other secondary school or university.

University

When entering an institute that has state accreditation, a deferment is given for the first and second time, if the previous use was at school. Service is postponed until graduation.

If a student is expelled before the deadline for graduation from the university, there are no grounds for further deferment. Those who have not completed their training go to serve in the next conscription.

Postgraduate, residency and internship

These groups have the most privileges. In these options, it does not matter how many deferments from the army the student previously received. Graduate students, interns and residency students use the deferment without any restrictions, including age, throughout the entire period of study. Time is given to defend the dissertation, which also delays entry into military service, but the deadline for submitting it cannot be more than one year after graduation.

The deferment from the army for training is extended for the duration of one academic leave if he delays completing his studies for a period of less than 1 year, when transferring from one university to another, or to another specialty. Educational institutions must be accredited.

Design nuances

There are some features of applying for a deferment for military service due to training. Students at different educational institutions are entitled to different numbers of deferments:

• graduate school, internship, residency - no more than three times until the end of study and defense of the dissertation;
• University – 2 times;
• SSUZ – 1 time.

A deferment is denied if:

• the educational institution does not have state accreditation;
• the student studies part-time or in the evening;
• higher education is obtained for the second time;
• when entering a master's program after a bachelor's degree more than 1 year later;
• the student is expelled from the educational institution by order of the management.

To get the opportunity to study, you must provide the following documents to the military registration and enlistment office:

• conscript's identity card;
• confirmation of the fact of study (certificate from a university, school, technical school, college);
• diploma (for those continuing their studies in graduate school, residency or internship);
• confirmation of accreditation (copy of license certified by the educational institution);
• certificate of successful completion of a medical examination.

Note!

Studying at a foreign educational institution does not entitle you to receive benefits. To defer, state accreditation is required under the laws of the Russian Federation, therefore foreign universities are not suitable for this criterion.

Positions and activities

Employees of the Ministry of Internal Affairs, fire services, customs, etc. have the legal right to defer military service. Citizens working in these institutions are exempt from military service for the entire period of their duties.

Also, the right to benefits is granted upon entry into parliamentary positions. If the activity is carried out on a permanent basis, then the civil servant is exempt from military service for the entire term of office. A citizen must provide the draft commission with documents confirming his legal capacity in government bodies and powers.

When elected to power, a candidate also has the right to receive benefits provided for the entire election period. To register, you must provide documents confirming your registration for election to the above-mentioned bodies.

Family and caring for disabled relatives

There are many different ways to obtain temporary legal aid related to loved ones.

You can exercise the right when a conscript:

• provides care for loved ones or relatives (parents, wife, brothers, sisters, etc.) who need continuous supervision for medical reasons, but only if there are no other persons who are also assigned this responsibility;
• appointed as a trustee or guardian of close relatives who, by law, must be supported financially;
• independently raises a child under 14 years of age;
• is the father of two or more children or has a minor child and a pregnant spouse who is more than 26 weeks pregnant;
• is raising a disabled child under three years of age;

To receive a deferment from the army due to caring for relatives, you must send the following documents to the draft commission:

• birth certificate (COP);
• a certificate from the passport department indicating all family members;
• birth certificates and copies of passports of persons being cared for;
• a certificate with medical information confirming the need of loved ones/relatives for constant care;
• a copy of the document confirming adoption (if the citizen was adopted).

When raising a young child independently without a mother:

• a document listing family members;
• child's SOP;
• confirmation of cohabitation with a minor child.

If you have two or more children, you must prove your paternity or guardianship to take advantage of the benefit. For registration, you will need the same documents as in the previous case, and when raising a disabled child, you will also need a medical report diagnosing the disease according to which the disability is established.

If there is a young child and a wife who is in late pregnancy, the right is granted for the period of pregnancy. To do this you will need to present:

• document confirming marriage registration;
• SOP of an existing child;
• a document issued by a medical institution confirming the duration of pregnancy.

Naturally, if the pregnancy is successful, a right appears that is valid in the presence of two children.

In all cases of release, a medical examination is required.

Health

If the doctors’ conclusion shows that the citizen is temporarily unfit for service, he is obliged to undergo a medical examination after 6 months or within the period specified in the documents. The same situation arises when, during a conscription campaign, hospital treatment or surgery is necessary to restore health.

In all cases of using the benefit, remember that government policy is aimed at identifying young people who need to be prepared to perform duties in the event of military conflicts. Intentional evasion of service entails criminal liability.

Employers do not have high hopes for employees who can be drafted into the army at any time; turning to credit organizations is also problematic if a citizen has not fulfilled his military duty. Currently, the service life is 1 year - the period is short and will fly by unnoticed, so you should not completely postpone its completion unless absolutely necessary.

The Federal Law “On Military Duty and Military Service” (Article 24) establishes the following provision: adult boys who are schoolchildren or students have the right to a deferment from the army for studies. However, under certain conditions it cannot be obtained. Exemption is not granted if:

• The educational institution does not have accreditation;
• The young man is studying at the evening, correspondence department or at the faculty of distance education;
• The young man had already used the initial deferment after graduating from high school;
• He is going to get a second higher education;
• He was expelled by the university administration for poor academic performance or for other reasons.

How many deferments from the army for studies?

As a rule, exemption from the army is granted once, but under special circumstances a young person can receive it twice, for example, if the learning process is continuous, that is, the student moves on to the next stage of education in the same year in which the previous one was completed. Also, those who study in institutions operating under state-accredited programs are not subject to conscription.

First postponement

Provided to young men who have reached conscription age (18 years), but have not graduated from an educational institution. Also, no one can force you to go to serve even if you have a secondary education certificate in hand. The first exemption from the army is granted to full-time students of accredited universities (as well as religious educational institutions) and graduate students. It is valid until you receive higher education and reach the age of 25.

Second deferment from the army for studies in 2018

Repeated exemption from military service is possible under the following circumstances:
If the first deferment was “used” while still in school, after which the young man entered college or university;
If the exemption was granted during the period of undergraduate study, and further enrollment in the master's program is planned.
The right also remains for students who transfer to another university or change faculty, as well as in cases of increasing the study period. Graduate students and students of religious educational institutions can receive an unlimited number of exemptions from military service. It is important to remember that they are provided only to students of higher educational institutions; colleges and technical schools do not fall into this category.

Third postponement

For the third time, graduate students, interns and residents are exempt from the army. They are not subject to conscription until they have completed their studies and defended their dissertation.

How to get a deferment from the army for studies

Exemption from military service is granted by the military registration and enlistment office. The decision is made by a special commission based on the documents provided. To receive release, the conscript must attend such a meeting, but in some military registration and enlistment offices this is not required. In this case, we can talk about a relative violation of the law, but this often happens if a young man, living in another locality, due to objective circumstances, cannot come to the commission at the place of registration.
The package of documents that must be submitted to the military registration and enlistment office must include:

• Birth certificate;
• Passport of a citizen of the Russian Federation;
• A certificate from the university, drawn up according to the established template;
• For graduate students, interns, residents and master's students: diploma of higher education;
• A copy of the license of the higher educational institution;
• A certificate of passing a medical commission confirming the young man’s suitability for military service for health reasons.

Deferment when studying abroad

The law on military deferment for studies clearly states that obtaining higher education outside of Russia is not grounds for exemption from military service. This is due to the fact that foreign universities do not have accreditation that meets our requirements. Although the conscript is receiving a higher education and living in another country, upon completion of his studies and return he will be obliged to repay his debt to his homeland.

Getting a college deferment

This situation is one of the most difficult, but if everything is done correctly, the military registration and enlistment office can suspend you from service for a certain period of time. You can receive it if the following conditions are met:

• The youth had never yet been granted release;
• He is a full-time student;
• Educational programs have state accreditation.

Young people who entered college or technical school after finishing 11th grade can apply for exemption from military duty for the entire period of their studies until they receive their diploma.

Postponement at the university

Those who successfully passed the final exams and were enrolled in a university are granted a deferment for the entire period of continuous study. If a young person plans to obtain a master's degree, he is obliged to notify the military registration and enlistment office in advance of his decision and, after passing the entrance examination, provide a document on higher education, a copy of his passport and an application drawn up in accordance with the established template.

Postgraduate deferment

In this case, exemption is granted until the end of training. As a rule, the period is 3-4 years. The conscript must provide the following documents to the military registration and enlistment office:

• Order for admission to graduate school (copy);
• A certificate signed by the rector of the university indicating the approximate date of defense of the final work;
• Diploma of completed higher education;
• A copy of your passport;
• A copy of the educational institution's license.

When do you need the help of a lawyer?

Each situation is unique in its own way. There are many circumstances when a conscript must be given an exemption from military service. On the other hand, there are some factors that do not provide for obtaining exemption from military service. To know for sure whether you or your child is eligible for conscription, contact our center. Highly qualified lawyers and attorneys know very well which circumstances are grounds for a deferment from the army and which are not.
Specialists with extensive experience in working with similar cases will provide detailed advice and prepare a package of documents. We will also help you if you suspect that the military registration and enlistment office is refusing you without compelling reasons. The scope of activity of our center’s lawyers includes the analysis of medical documentation, as well as the legal assessment of the actions of the conscript and officials - representatives of the commissariat. If necessary, we will organize an independent medical examination and accompaniment to the military registration and enlistment office, we will represent your interests and protect your rights in the executive and state authorities.
Call us at the telephone numbers indicated on the website or write your question in a special online form, revealing the current situation in detail. We will respond to you as soon as possible and help you solve the problem quickly and effectively.

Obtaining a deferment from military service is the goal of a large number of conscripts who have certain plans for life. The reasons can be very different: from a banal desire to avoid military service to the exercise of the right to receive an education. The methods also vary: from illegal, immoral and short-sighted (for example, giving a bribe), to absolutely legitimate ones, which we will consider in detail.

Who has the opportunity not to join the army?

Federal Law No. 53 of March 28, 1998 “On Military Duty and Military Service” is the main legislative act regulating the procedure for granting various types of deferments.

For that, in order not to be called up for military service, you need to be classified in a certain category young people below:

Citizens who will be recognized limited fit for service in the armed forces. However, at the age of 18, they will receive a document - a military ID. A citizen can only be recognized as partially fit military medical commission, which reflects its decision in the relevant medical documents. To undergo a medical examination, the conscript must have in his hands: a medical card, as well as certificates that reflect information about existing chronic diseases. Such diseases may include: diseases of the cardiovascular and nervous systems, diseases of the musculoskeletal system, lack of weight, lack of a certain number of teeth. The list of all diseases for which they can be considered limitedly fit is indicated in the “Regulations on military medical examination” (Government Decree No. 123 of February 25, 2003). It would be better if the certificate was obtained not from a private doctor, but from a public clinic.

Young people, those who chose alternative service . In this case, it is necessary to submit a corresponding application to the military commissariat at the place of registration. It must be written in clear language why this particular type of service was chosen, and provide compelling arguments why service in the armed forces is not suitable for the conscript. Such reasons may be: religious considerations, moral principles of a person. Alternative service can last from 18 to 21 months and can take place far from the young citizen’s permanent place of residence. For this period, he is employed in one of the working specialties under an employment contract. Yes, they pay money for it. But you will have to perform low-paid and far from prestigious work: an orderly in a clinic, various low-skilled specialties at industrial sites. If you have a higher education, you can be employed as a clerk, librarian, etc.

Young people who served in the armed forces of a foreign state with which the Russian Federation has an international treaty.

Also, on absolutely legal grounds they may not go to serve brothers and sons of conscripts who died during service or military training. Having an academic degree (candidate and doctor of science) gives its holders the opportunity to be exempt from military service. Not allowed for military service persons in prison , under investigation, with an outstanding criminal record.

The procedure for obtaining a deferment from the army

It is very likely that a young citizen, before giving back to his homeland, will want to get an education or start a family. In this case, the provision of a deferment from military service is regulated by the Federal Law “On Military Service”. Article 24 lists categories of conscripts eligible for deferment:

Young people who have temporary illness . They may be granted a deferment of up to 1 year.

Faces, caregivers close relatives. Taking into account the fact that the citizen is the only breadwinner in the family.

Citizens raising children without a mother , or who are guardians or trustees.

Conscripts who are the head of a family in which, in addition to the existing child, the spouse is in a situation with a term of 26 or more weeks

Persons of military age who serve in the Ministry of Internal Affairs, Ministry of Emergency Situations etc.

Citizens elected to the legislative bodies of the Russian Federation or a subject of the federation, as well as registered as candidates for elective positions, are also granted a deferment from conscription.

Those wishing to obtain higher education can take advantage of the corresponding deferment. True, this applies only to students studying on a budgetary or commercial full-time basis, at a university with state accreditation . The deferment is provided for up to 5 (in medical universities up to 6) years, for a master's degree - 2 years, for a graduate student - 3 years.

In case of illness of a conscript, the following documents will be required to grant a deferment How:

extract from medical record

doctor's report

If questions arise during the medical examination, the young man may be sent to a military hospital to undergo a medical examination.

In case of legal rights on deferment from the army , the young man must provide to the military registration and enlistment office at the place of registration all documents confirming this right:

Certificate from educational institution

Certificate of family composition, if you are dependent on a pregnant wife, two or more children, or disabled relatives

Conclusion of social protection authorities, in the case of a dependent pregnant spouse, two or more children, disabled relatives.

How to get a deferment when transferring, going on academic leave, expulsion

If a conscript student is transferred within an educational institution , or to another university, changing your specialty to another, then a deferment will be provided if the levels of training programs in both specialties match. More detailed information can be found in the Federal Law "On Higher and Postgraduate Education". It also takes into account the fact that training should not be extended for more than a year.
In case of reinstatement of a citizen after expulsion from an educational institution, a deferment can be granted only if the total deferment period has not increased. If the deduction occurred for negative reasons, then a deferment cannot be granted.

Sometimes the completion of education is delayed for a long time and by the time it is completed, the young man reaches the age of 27, which is the maximum age for conscription. In this case, he is automatically exempt from conscription for military service.

According to paragraphs. "a" st. 24 Federal Law "On Military Duty and Military Service", a deferment may be granted in the event of expulsion from an educational institution and subsequent reinstatement only in the case if the expulsion occurred for a valid reason(for example, moving to another city). Unexcused reasons include:

Violation of the charter of an educational institution or internal regulations;

Academic failure.

A deferment can be provided for students of vocational schools, various colleges, lyceums, if they do not have secondary education and they reach conscription age in the last year of study. Here list of grounds for obtaining a deferment in college education:

• failure to complete secondary education;
• Full-time training only;
• age up to 20 years;
• if the deferment is granted to the conscript for the first time;
• The educational institution is accredited by the state.

Providing a secondary deferment from military service

This type of deferment may be granted if the following grounds are met:

if the conscript took advantage of the first deferment to obtain secondary education (to complete 11 grades of the school curriculum). Then he has the right to receive a second deferment for admission to a higher educational institution;

if the conscript used the first deferment to obtain education Bachelor's program . If the young person wishes to pursue a master's program, he may be granted a deferment one more time;

if a young man is studying in graduate school.

There are no other grounds for granting a deferment a second time.

Deferment from military service while studying in a religious institution

A similar deferment may be provided to young citizens studying full-time secondary or higher education in educational programs for training ministers and religious personnel of religious organizations for the entire duration of their studies. This rule applies if the institution has a license to carry out educational activities.

Providing a deferment from the army when studying for master's programs

If a young person is studying for a master's degree, then A deferment may be granted subject to the following conditions:

full-time education

If you have not previously been issued a master's or specialist's diploma (Please note that when entering a master's program after studying in a specialty program, a deferment is not granted. However, you will be given a deferment if you decide to continue your studies in graduate school)

If the conscript student entered the master's program in the same year he graduated from the bachelor's degree. (If you decide to take a break for more than 1 year and then start studying for a master’s degree, you will lose the right to a deferment)

How to get a deferment while studying in graduate school

It is possible to obtain this type of deferment subject to the following conditions:

Continuation of full-time postgraduate studies in educational and scientific institutions that have state accreditation until the defense of the qualifying work. When studying in graduate school, the number of deferments is unlimited.

In order to correctly formalize a deferment from military service, you must provide the following documents to the military registration and enlistment office:

Diploma of Higher Education

Certificate indicating the number of the order for enrollment in graduate school

A copy of the license of the educational institution where the citizen is studying in graduate school

What not to do to get a deferment

Feign illness or any of your “deviations” (for example, mental abnormality, homosexuality, etc.): psychologists at the military registration and enlistment office are able to recognize deception at the first signs of inappropriate behavior.

Worry about when the deferment will end. During the period of passing exams and defending diplomas, a conscript may receive a summons. You need to know that the call to the military commissariat should take place no earlier than the day the order on completion of training and assignment of a specialty is issued, and not on the day of the last exam, as this may be interpreted by members of the draft commission.

It is unnecessary to worry and enter into unnecessary disputes with members of the draft commission if the conscript has documents confirming the right to a deferment or exemption from military service, and the specialists of the regional military registration and enlistment office make a diametrically opposite decision on fitness for service. You can appeal their actions to the regional military commissariat or in court. You will probably have to use the services of an experienced lawyer, but it is possible to resort to the help of human rights organizations that work free of charge and rely in their work, including on wide publicity of cases of violation of the rights of conscripts.

Respond to advertisements on the Internet that promise to give you a deferment for money. Such actions, the purpose of which is to evade military service, are subject to Part 2 of Art. 328 of the Criminal Code of the Russian Federation, which will lead to a fine of up to 200 rubles, or imprisonment for up to 2 years. And also to initiate a criminal case for violation of Art. 291 of the Criminal Code of the Russian Federation (giving a bribe).