What can be cooked from squid: quick and tasty
Part 2, 3, 4, 5 of Article 328 of the Criminal Code of the Republic of Belarus provide for liability for drug trafficking for the purpose of marketing.
The legislation provides four parts to differentiate the punishment for selling drugs depending on the degree of social danger of the act.
The subject of the crime is drugs. Their general concept, definition, approved lists, as well as the basics of legal regulation are disclosed in our previous publication.
In his commentary to "", provides general legal information regarding legal and illegal smoking mixtures, the age of prosecution, and the basis for exemption from criminal liability.
The essence of such terms as acquisition, storage, transportation (shipment), manufacture, processing of drugs, as well as responsibility for these actions in the absence of the purpose of sale, is disclosed in the commentary to.
This commentary discusses possible alternative qualifications for parts 2, 3, 4, 5 of article 328 of the Criminal Code of the Republic of Belarus actions of a person who has committed illegal drug trafficking for the purpose of marketing.
Seek the advice of a criminal drug attorney:
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tel .: +37529 776 12 35;
tel .: +37529 569 85 66;
tel .: +37529 690 78 20.
Drug trafficking: part 2 of article 328 of the Criminal Code of the Republic of Belarus
In the legal literature and modern jurisprudence, they gradually approach general concept the term sales, which is understood as any transfer from the possession of one entity to another through sale, exchange, donation, debt repayment, and also in any other way.
Judicial practice has developed evaluation criteria, which, together with other circumstances in the case, give reason to assert that the guilty drugs spreading:
- prearranged agreement on selling drugs;
- a significant amount of drugs;
- the presence of drugs in a person who does not use them;
- and others;
Taking into account the international importance of countering the spread of drugs, the signed international treaties and the national legislation harmonized with them, for the purposes of responsibility, the fact that there was an intent to sell drugs not in Belarus, but on the territory of other states, does not matter.
In judicial practice, situations arise in which the intention to sell is not so obvious and therefore additional clarification of the concept in question is required.
Example 1
A. provides his money and asks V. (friend, acquaintance) to buy drugs for him. The latter accepts the money, acquires the specified form and quantity of the drug and subsequently transfers it.
Based on this situation, it becomes obvious that V., who purchased drugs as a service (friendly help), did not have any benefit, acted at the request and in the interests of A. In the legal literature, as well as in practice, it was proposed to consider the actions of these A. and V. as complicity in the acquisition, and qualify the actions of both under Part 1 of Article 328 of the Criminal Code. This was justified by the fact that V. acted as an intermediary on the side of the buyer, not the seller.
This approach seems to many to be logical and convincing, although it has nothing to do with legislation and judicial practice at the present stage. In the situation under consideration, complicity takes place. Article 16 of the general part of the criminal code provides for a limited list of types of complicity: performer, organizer (leader), instigator, accomplice. Article 16, as well as parts 2, 3, 4 of Art. 328 of the Criminal Code of the Republic of Belarus does not provide for this type of complicity as mediation on the buyer's side.
A. provided cash, and also asked to buy drugs, which means in this situation he acted as an accomplice and instigator.
V. took possession of the drugs by buying them for A.'s funds for the purpose of their subsequent transfer, which means that he acted as a perpetrator.
In judicial practice, V.'s act will be regarded as an acquisition for the purpose of selling drugs - part 2 of Article 328 of the Criminal Code of the Republic of Belarus. In relation to A., the legal practice is currently not consistent since similar acts will be qualified as committed without the purpose of marketing, which, however, contradicts Part 7 of Art. 16 of the Criminal Code of the Republic of Belarus.
It is worth especially mentioning a common situation when V. to buy drugs asks S. to give him a ride by car and at the same time devotes to the purpose of the trip. In this case, S. will bear responsibility for the distribution of drugs - part 2 of article 328 of the Criminal Code of the Republic of Belarus as an accomplice.
Example 2
K. had previously acquired drugs for his own use, but cannot inject them intravenously due to his psychophysical state. Then he turns to his friend R. with a request to provide appropriate assistance and hands over the finished drug. R. agrees and makes an intravenous injection. In this part of the situation, it is unambiguous - R. has no purpose of selling drugs.
People who purchase drugs sometimes face fraud at the hands of the seller.
Example 3
K. decided to purchase a smoking mixture containing a prohibited substance via the Internet. For this purpose, he made an order via the Internet via Skype and transferred money to an electronic wallet. The seller L., in turn, reported the place where the smoking mixture was placed. After the arrest of K. and L., and the examination it turned out that the plant substance in the tab is ordinary tobacco. The buyer is liable for attempted illegal drug purchase, and the seller is liable for fraud.
Drug trafficking: part 3 of article 328 of the Criminal Code of the Republic of Belarus
The sale of drugs is covered by part 3 of article 328 of the Criminal Code of the Republic of Belarus if the actions of the perpetrator contain at least one of the following signs:
- repetition i.e. the perpetrator committed acts at least twice, each separately falling under part 2 of article 328 of the Criminal Code of the Republic of Belarus. In this case, the fact of conviction by the court does not matter;
- drugs were marketed by an official who used his official powers to do so;
- committed by a group of persons i.e. according to Art. 17 of the Criminal Code, at least two people took part in a crime together, each committed at least partially the actions described in Article 328 Part 2 of the Criminal Code of the Republic of Belarus;
- the person had previously committed crimes and was convicted under parts 1, 3, 4 of article 328 of the Criminal Code (drug trafficking), 327 (drug theft), 329 (cultivation of narcotic plants), 331 (inducement to use drugs);
- an attempt was made or committed to sell a large amount of drugs. The large size is determined for a particular type of drug in and approved by a resolution of the Council of Ministers;
- the drugs distributed are classified as especially dangerous according to and approved by the Ministry of Health;
- the sale of drugs was carried out on the territory of socially significant facilities established article 328, part 3 of the Criminal Code of the Republic of Belarus.
Drug trafficking: part 4 of article 328 of the Criminal Code of the Republic of Belarus
The concept of an organized group is contained in Article 18 of the Criminal Code of the Republic of Belarus, which is understood as a controlled, stable group consisting of 2 or more people who have agreed in advance to distribute drugs. The organizer, the leader of such a group for the sale of drugs, a punishment imposed on article 328 part 4 of the Criminal Code of the Republic of Belarus there can be no less than 15 years of imprisonment.
Part 5 of Article 328 of the Criminal Code of the Republic of Belarus introduced by the Law of the Republic of Belarus "On Amendments and Amendments to the Criminal Code of the Republic of Belarus on Counteracting Illegal Trafficking in Narcotic Drugs, Psychotropic Substances, Their Precursors or Analogues" dated January 29, 2015 No. 245-З.
These changes come into force after their official publication.
Additional information, legal advice and other legal assistance can be obtained by contacting those who handle cases on parts 2, 3, 4, 5 of article 328 of the Criminal Code of the Republic of Belarus.
shall be punishable by restraint of liberty for a term of up to five years, or imprisonment for a term of two to five years.
the applicable sentence is imprisonment for a term of five to eight years, with or without confiscation of property.
3. The actions provided for in part 2 of this article, committed by a group of persons, or by an official using his official powers, or by a person who has previously committed the crimes provided for by this article, Articles 327, 329 or 331 of this Code, or in relation to narcotic drugs, psychotropic substances, their analogs on a large scale, or in relation to especially dangerous narcotic drugs, psychotropic substances, or the sale of narcotic drugs, psychotropic substances, their precursors or analogues on the territory of an educational institution, a health organization, a military unit, a correctional institution, a detention house, in places detention or in a place where public events are held -
shall be punishable by deprivation of liberty for a term of eight to thirteen years, with or without confiscation of property.
4. The actions provided for by parts two or three of this article, committed by an organized group, -
shall be punishable by imprisonment for a term of ten to fifteen years, with or without confiscation of property.
Note. A person who voluntarily surrendered narcotic drugs, psychotropic substances, their precursors or analogues and actively contributed to the identification or suppression of a crime related to the illegal circulation of these funds, substances, the exposure of the persons who committed them, the discovery of property obtained by criminal means, is exempt from criminal liability for this the crime.
Article 331. Induction to the consumption of narcotic drugs or psychotropic substances
Induction to the consumption of narcotic drugs or psychotropic substances - shall be punishable by arrest for a term of up to six months, or restraint of liberty for a term of up to five years, or imprisonment for the same term.
The same action committed against two or more persons, either a minor, or with the use of violence, or by a person who has previously committed crimes provided for in Articles 327, 328 or 329 of this Code, as well as inducement to consume especially dangerous narcotic drugs or psychotropic substances - are punished with imprisonment for a term of three to ten years.
Responsibility for drugs under article 328 of the Criminal Code of the Republic of Belarus
ATTENTION!!! IT IS IMPORTANT!!!
Consequences of using "SPICE" smoking mixtures
Spice (from the English "spice" - spice, spice)- a kind of herbal mixture, which includes synthetic substances and ordinary herbs. Synthetic substances (or synthetic cannabis) are 5-6 times more harmful than the natural tetrahydrocannabinol found in marijuana.
1. The human psyche suffers from the use of such smoking mixtures. The effect on it is the same as when using strong narcotic substances. With frequent use of "spice", hallucinations, anxiety, vomiting, and a feeling of panic appear. Very often those who like to smoke "Spice" end up in psychiatric hospitals.
2. The whole organism suffers: lungs, liver, brain, and a number of other organs.
Impact on the human body. The capillaries of the brain, trying not to let the poison go to the "main control center", are sharply narrowed. As a result, the blood simply cannot supply the brain with oxygen. Like any other cell, brain cells that are deprived of oxygen die.
In some cases, the use of smoking mixtures leads to infertility. Therefore, you should seriously think before you try "spice" for the first time, and decide which is more important: to get a few hours of dubious pleasure or in the future to be able to create a normal family.
Unlike herbal preparations, for example, hemp, the effect of smoking mixes on human body 5-10 times stronger. Almost immediately after their adoption, powerful hallucinations occur, which can lead to tragic consequences, for example, there will be a desire to throw yourself under the wheels of a car or jump out of the window of a 10-storey building. Fatal cases have already been reported.
Smoking mixes are the first step in the transition to harder drugs.
Responsibility for the storage and distribution of smoking mixtures "SPICE"
According to the list of narcotic drugs, psychotropic substances and their precursors, subject to state control in the Republic of Belarus, approved by the Resolution of the Ministry of Health of the Republic of Belarus No. 26 dated May 28, 2003, "smoking mixtures" are classified as especially dangerous psychotropic substances.
For illegal traffic in especially dangerous psychotropic substances, criminal liability is provided in accordance with parts 1.2 (storage) and 3 (sale)
Art. 328 of the Criminal Code of the Republic of Belarus. h. 1
The manufacture, processing, acquisition, storage, transportation or shipment of narcotic drugs, psychotropic substances, or their precursors or analogues, illegal without the purpose of sale, - shall be punishable by restraint of liberty for a term of up to five years or imprisonment for a term of two to five years.
Art. 328 of the Criminal Code of the Republic of Belarus. Part 2
The manufacture, processing, acquisition, storage, transportation or shipment, or illegal sale of narcotic drugs, psychotropic substances or their precursors or analogues, illegal for the purpose of marketing, shall be punishable by imprisonment for a term of five to eight years with or without confiscation of property.
Art. 328 of the Criminal Code of the Republic of Belarus. h. 3
Actions provided for in Part 2 of this Article, committed by a group of persons, either by an official using his official powers, or by a person who has previously committed crimes provided for in Articles 327-329 or 331 of this Code, or in relation to narcotic drugs, psychotropic substances, and their analogues on a large scale, or in relation to especially dangerous narcotic drugs or psychotropic substances, or the sale of narcotic drugs, psychotropic substances, their precursors or analogues on the territory of an educational institution, a health care organization, a military unit, a correctional institution, a house of detention, in places of detention or at the venue of sports, cultural or other mass events - shall be punishable by imprisonment for a term of eight to thirteen years with or without confiscation of property.
Article 328. Evasion of military and alternative civilian service
1. Evasion of draft for military service in the absence legal grounds for exemption from this service -
shall be punishable by a fine in an amount of up to two hundred thousand rubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of up to eighteen months, or by arrest for a term of up to six months, or by imprisonment for a term of up to two years.
2. Evasion of alternative civilian service by persons released from military service -
shall be punishable by a fine in an amount of up to eighty thousand rubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of up to six months, or by compulsory works for a term of 180 to two hundred and forty hours, or by arrest for a term of up to six months.
(as amended by Federal Laws of 08.12.2003 N 162-FZ, of 07.03.2011 N 26-FZ)
Article 337. Unauthorized abandonment of a military unit or place of service
1. Unauthorized abandonment of a unit or place of service, as well as failure to appear on time without good reason for service upon dismissal from a unit, upon appointment, transfer, from a business trip, vacation or medical institution for more than two days, but not more than ten days, committed by a serviceman, undergoing military service by conscription, -
shall be punishable by arrest for a term of up to six months, or custody in a disciplinary military unit for a term of up to one year.
2. The same acts committed by a serviceman who is serving a sentence in a disciplinary military unit -
the applicable sentence is deprivation of liberty for a term not exceeding two years.
3. Unauthorized abandonment of a unit or place of service, as well as failure to appear on time without good reason for service for more than ten days, but not more than one month, committed by a serviceman doing military service by conscription or by contract, -
are punished with a restriction on military service for a period of up to two years, or detention in a disciplinary military unit for a period of up to two years, or imprisonment for a period of up to three years.
4. The acts provided for in part three of this article, lasting more than one month -
the applicable sentence is deprivation of liberty for a term not exceeding five years.
Note. A serviceman who has committed the acts provided for in this article for the first time may be exempted from criminal liability if the unauthorized abandonment of a unit was the result of a combination of difficult circumstances.
Article 338. Desertion
1. Desertion, that is, unauthorized abandonment of a unit or place of service in order to evade military service, as well as failure to appear for the same purpose in service -
2. Desertion with weapons entrusted in service, as well as desertion committed by a group of persons by prior conspiracy or by an organized group, -
the applicable sentence is deprivation of liberty for a term not exceeding ten years.
(as amended by Federal Law of 07.03.2011 N 26-FZ)
Note. A serviceman who has committed desertion for the first time provided for in the first part of this article may be exempted from criminal liability if the desertion was the result of a combination of difficult circumstances.
On the practice of judicial review of criminal cases on draft evasion and military or alternative civilian service, see Resolution of the Plenum The Supreme Court RF dated 03.04.2008 N 3.
Article 339. Evasion of military service duties by feigning illness or by other means
1. A serviceman's evasion of military service duties by simulating illness, or causing himself any damage (self-harm), or forgery of documents, or other deception -
shall be punishable by restriction in military service for a term of up to one year, or by arrest for a term of up to six months, or by custody in a disciplinary military unit for a term of up to one year.
2. The same act, committed for the purpose of complete release from the performance of military service duties, -
the applicable sentence is deprivation of liberty for a term not exceeding seven years.
According to the law, service in the armed forces of the Russian army is the duty of every young person. Evasion from compulsory military service entails a number of clearly indicated and conditioned consequences. These consequences should be known to every man who has set himself the goal of evading the army, without having a compelling reason according to the law. These actions will not go unnoticed by the regulatory authorities and over time will have to be held accountable for their actions.
What counts as dodging the army
In order to navigate the legislative field, any young person who is suitable for military service by age should know his rights and responsibilities. Knowledge of the law helps to avoid making many mistakes when passing the commission, both on their part and on the part of the employees of the military commissariat.
Each conscript should be aware of the following responsibilities:
- all the requirements of the military commissariat when registering military personnel are mandatory;
- upon receipt of the summons, it is necessary to sign the document confirming its issuance;
- attendance at the military registration and enlistment office at the time indicated in the agenda is mandatory.
If the conscript strictly performs all of the above actions, he will not have any problems when recruiting for military service in the Russian army. All actions contrary to these rules are taken for evading military service and entail both administrative and criminal liability.
If a young man of military age who has received a summons to the military commissariat against his signature, does not appear on the date and time specified in the summons, these actions are considered as draft evasion. At the same time, it is worth considering the correctness of the actions of the recruiting officers themselves and their compliance with the norms of the law in the performance of their duties.
Important! If you decide to refuse to sign the summons receipt form in the hope that without your signature the draft message is invalid, then the military commissariat employees have the right to assess your actions as evasion.
Also, the draftee can be harmed by any attempts to obtain a certificate of unfitness from the attending physician at the place of residence, theatrical scenes depicting an incurable disease with which they are not taken into the army, as well as any attempts to bribe an official in order to influence the draft and evade service.
In addition, the conscript will have to bear responsibility for evading military service in the army or contract service when committing the following actions:
- upon unauthorized abandonment of a unit or place of service (Article 337 of the Criminal Code of the Russian Federation - up to six months of arrest);
- desertion (Article 338 of the Criminal Code - imprisonment for up to 7 years);
- simulation of illness (Article 339 of the Criminal Code - arrest or disbat up to 1 year).
What does not count as dodging
Article 7 of the Federal Law No. 53-FZ spelled out a number of reasons that are considered valid for ignoring the appearance in the military registration and enlistment office in accordance with the call, namely:
- conscript health problems;
- serious illness or death of a relative from the category of relatives (grandfather, grandmother, child and wife, parents and sisters with brothers);
- an emergency situation (natural disaster, the outbreak of hostilities, etc.);
The above reasons must necessarily be documented or they will not be considered legal, and failure to appear at the military registration and enlistment office will be equated with evading the army
Criminal liability
Upon receipt of a summons to the military commissariat against signature, the conscript is obliged to appear at the military enlistment office at the specified time. If this requirement is ignored, the conscript will be held liable in accordance with current legislation. If the violations committed by the conscript are of an insignificant nature, then administrative liability is provided for his actions. But committing more serious acts in the course of evading service is another matter. For these actions, there is already a more serious criminal liability for evading the army.
In the first case, the conscript can get off with just a fine. small size, and in the second, the further fate of the conscript will be decided by the court, depending on the guilt. It is possible that his decision will be made towards imprisonment for a certain period.
Provides for liability for evading military service article 328 of the Criminal Code of the Russian Federation.
The first part of this article talks about ignoring the appearance at the meeting of the conscription or medical commission, as well as at the collection point when going to military service in the army.
The condition for the application of the norms of this article is that the conscript was correctly notified of the conditions of the draft, that is, he received the summons personally in his hands and signed for its receipt. These actions are the direct responsibility of the employees of the military registration and enlistment office.
According to Article 328 of the Criminal Code of the Russian Federation, evasion from military service, which entails criminal prosecution, is the following factors:
- a conscript registered with the military commissariat directly ignores the appearance at the military enlistment office on the summons handed over;
- leaving the country for a long period (more than 6 months) without informing the military registration and enlistment office about it;
- failure to report to the military registration and enlistment office about significant changes in personal life that may affect the call (wedding, move, admission to educational institution and etc.);
- unauthorized abandonment of the recruiting station when sent to serve in a military unit;
- an attempt to bribe an official to evade conscription;
- self-injury - causing damage to the body with the expectation of commissioning when passing a medical commission;
- open refusal to sign the document on the delivery of the summons.
For the above actions, the court may decide to bring to criminal liability and impose a penalty in the form of a fine of no more than 200,000 rubles, forced labor or imprisonment for no more than 2 years.
Interesting! The court makes a decision on each fact of evasion individually and, when imposing one of the listed types of punishment for evasion, takes into account the severity committed crime, the identity of the offender, etc.
Administrative responsibility
Administrative responsibility of this category occurs for violations that do not pose a public threat, that is, they are insignificant.
Article 21.5 of the Code of Administrative Offenses of the Russian Federation provides for the types of violations for evading military service and punishment for their commission. In most cases, these violations are not serious and are punished mainly by a fine. According to this article, men of military age are brought to administrative responsibility for committing the following offenses:
- untimely notification of the move to permanent residence for the territory of service of the military commissariat, which is registered with the conscript;
- failure to appear (more than 14 days) at the military registration and enlistment office on the territory of the new place of residence for registration;
- ignoring the message to the military enlistment office when changing marital status or entering an educational institution located outside the service area of the military enlistment office, which is registered with the conscript;
- refusal to receive a summons and failure to appear at the military registration and enlistment office on time;
According to Art. 21.6 of the Administrative Code, the listed actions entail an administrative penalty, namely a fine for evasion from service in the amount of 100 to 500 rubles.
In addition, according to Article 21.7, in case of deliberate damage to a military card, administrative responsibility occurs in the form of a fine for the same amount.
The penalty, as a punishment, is not imposed upon the loss of a military ID. If a conscript who has lost his military ID immediately turned to the military registration and enlistment office with this problem to restore the document.
Statute of limitations
According to the legislation Russian Federation conscription for military service in the army is subject to citizens aged 18 to 27 years. This norm means that after the age of 27, a man who has not served in the army is not called up for service. This does not apply to persons who deliberately evaded conscription before reaching the age limit or who are wanted for this reason.
Due to the fact that crimes of this category are of low gravity, then to criminal and administrative responsibility, as shown arbitrage practice, the conscript can be attracted within 2 years after their commission. This period is the limitation period. This means that if the conscription authorities, in order to attract a conscript who evades military service, appealed to the judicial authorities only two years later, then the conscript cannot be prosecuted due to the expiration of the statute of limitations.
By the verdict of the N-city court of the Leningrad region, citizen K. was found guilty of committing a crime under Part 1 of Article 328 of the Criminal Code of the Russian Federation and sentenced to six months in prison with a suspended sentence. In itself, such a sentence is rather an exception to the rule.This is due to the fact that in the overwhelming majority of cases, prosecutors refuse to initiate criminal cases in this category: it is too difficult to prove the intention of a young person, and the draft procedure itself is a rather complicated undertaking. In the procedure for conducting conscription events, you can always find violations by questioning the results of a medical examination and the decision on conscription, which, in turn, makes it impossible to recognize a citizen as guilty of evading military service. Part one of Article 328 of the Criminal Code of the Russian Federation reads as follows: “evading military service in the absence of legal grounds for exemption from this service is punishable by a fine of up to two hundred thousand rubles or in the amount of the convicted person's salary or other income for a period of up to eighteen months , or arrest for a term of three to six months, or imprisonment for a term of up to two years. " I would like to draw your attention to the words "in the absence of legal grounds for exemption from this service." That is, the prosecutor's office during the preliminary investigation must prove that the citizen not only did not appear on the RVC's subpoena to be sent to the place of service (that is, after passing a medical examination and a decision by the draft commission), but also did not have any other, possibly unaccounted for the draft board or RVC doctors of the grounds for postponement or exemption from conscription. All this is very difficult, and the crime rate is still such that it is not always relevant to deal with this category of cases closely. And yet the young man was convicted. I would like to dwell on the main points and factors that allowed the court to issue a guilty verdict.
It all started with the fact that Citizen K. was beaten by a group of young people. As a result of this beating, he received a blow to the head and lost consciousness for some time. There were eyewitnesses to the incident who helped him get home and called a doctor. The young man was examined, he was given a coupon to see a doctor at the local Central District Hospital. Abrasions and bruises were present on almost the entire body. However, Mr K. did not apply to this medical institution and chose to just lie down at home. On the fact of the beating, the internal affairs bodies were interested in him, however, the young man, being completely indifferent, did not go to the police station when summoned verbally. Then “harsh working days” began, and then, as always unexpectedly, a summons came. The young man came to the RVC on it, passed the doctors and showed the ticket of the Central Regional Hospital of the city of N., on which, in particular, was written "suspicion of a concussion." However, his story did not make any impression on the RVC doctors; it was considered possible to recognize him as fit for military service immediately after a medical examination and without any referrals for additional examination. He was given a summons to be sent to the place of duty. Obviously, the conscript not only did not insist on initiating a criminal case on the fact of his beating, but also did not consider it necessary to undergo examinations, which were necessary not only as a chance not to join the army, but also simply for the health of the young man.
The second stage was the appeal of the military commissar to the prosecutor's office of the city of N. with a request to initiate a criminal case. At the same time, the prosecutors were especially interested in whether the decision on conscription had been challenged by the citizen in the manner prescribed by law. I think the answer is obvious: the young man did not dispute anything, he did not file any complaints, not to mention an application to the court, he simply expected his fate, hoping that his oral arguments would be heard. I suppose even the busiest prosecutor is happy to bring such a gift of fate to court. Judge for yourself: the suspect himself, having real opportunities to avoid not only responsibility, but also a draft in the Armed Forces (at least the current one), did everything (or rather did nothing) to issue an indictment. Despite the fact that the prosecutor demanded that a sentence of two years be imposed, and the court reduced this term by four times, it is obvious that the young man had the opportunity to avoid this sentence.
To achieve a positive result in this case, in addition to knowing your rights and responsibilities of military commissariats and draft commissions, you must:
1. To know that the RVC doctor cannot establish on the spot that a young person is healthy upon presentation of medical documents by the latter. A young man, at a minimum, should be sent for additional examination to confirm his complaints and diagnoses (or refute them);
2. To know that he has the right to declare disagreement with the conclusion of the suitability and the decision of the draft board and, if his statements are not recorded officials, apply in writing. In this case, in relation to a young person, they are obliged to conduct a control medical examination by doctors of a higher draft board, which has the right to cancel the decision of a lower draft board;
3. To know that the citizen's complaints must be recorded in the personal file of the conscript, and medical documents must be attached to him;
4. To achieve all of the above by writing complaints and statements, attach the necessary medical documents to the materials of the personal file of the conscript, sending them by registered mail;
5. Independently apply to law enforcement agencies in case of violation of their rights by RVC officials and draft commissions;
6. Do not hesitate to apply to the courts and challenge decisions made in violation of the procedure for conducting conscription events or not complying with medical documents, provided information about the state of health.
Sincerely,
lawyer of the Specialized Bar Association "Draft"
Igor Kukanov