Alternative civil service is a special type of labor activity in the interests of society and the state, carried out by citizens instead of military service.
As a rule, people who are fit for military service due to health reasons, but refuse to do it for ideological or religious reasons, or representatives of small ethnic groups leading a traditional way of life, perform alternative civilian service.
The legal basis for an alternative civil service is the Constitution of the state, federal constitutional laws, federal laws, other other normative legal acts adopted in accordance with them, universally recognized principles and norms of international law and international treaties, as well as the legislation of state entities applicable to the extent that does not contradict this Federal law.
The labor activity of citizens undergoing alternative civilian service is regulated by the Labor Code of the Russian Federation, taking into account the features provided for by this Federal Law. [one]
Alternative Civil Service History [2]
Russia was the first state in the world to introduce the institution of alternative services. Relief from military duty for religious beliefs began to be practiced in our country as early as the 18th century.
After the 1917 revolution, Soviet Russia along with Great Britain and Denmark became one of the first countries to recognize the right of its citizens to refuse military service for reasons of conscience in the 20th century.
On January 4, 1919, the Decree "On Relief from Military Duties for Religious Beliefs" was issued. This document was the first legislative act of the Soviet Republic, giving a real right to release believers from military service.
In the summer of 1923, the RSFSR Code of Civil Procedure was adopted, containing a special chapter on Relief from Military Service for Religious Beliefs, which regulates the procedure for judicial proceedings. Courts with the participation of experts determined what kind of work is appointed in return for military service, where and at what time should a citizen appear to fulfill his duties.
However, two years later, the circle of people who could exercise the right to refuse military service was significantly narrowed. In 1939, when World War II began in Europe, alternative service in the USSR was completely canceled.
The question of restoring this social institution arose again only after the collapse of the Soviet Union. In 1993, the Constitution of the Russian Federation adopted by popular vote enshrined the right of Russian citizens to replace military service with alternative civilian service in accordance with peacekeeping, philosophical, moral, ethical, political or religious convictions.
Alternative civil service in modern Russia [3]
The fundamental principles of the alternative civil service (ACS) are as follows:
• Only those citizens who are recognized as fit for military service or fit for military service with minor restrictions can be sent to alternative civilian service;
• Citizens undergo alternative civilian service, as a rule, outside the territory of the constituent entities of the Russian Federation in which they permanently reside. However, this rule is not strict. The place of service is determined by the Federal Service for Labor and Employment, guided by annually approved lists of professions and the situation on the labor market;
• Citizens can go through the AGS exclusively at state-owned enterprises;
• Citizens who have chosen the ACS are not entitled, on their own initiative, to terminate the employment contract, take part in strikes, work part-time in other organizations;
• Representatives of indigenous peoples are sent to undergo the ACS in the organization of traditional economic sectors and traditional crafts;
• The duration of the alternative civilian service exceeds that of conscription.
At the moment, the passage of the ACS in Russia is regulated by the Federal Law “On Alternative Civil Service”. The scheme for sending citizens to an alternative civil service is as follows:
• Citizens submit an application for the replacement of military service on conscription by the ACS to the military commissariat, a decision on the application is made by the draft commission;
• A military commissar sends a citizen to the ACS passage in accordance with the referral plan approved by the Federal Service for Labor and Employment;
• Citizens who have chosen the ACS can be employed only in those positions and only in those organizations that are on the official list, approved annually by the Ministry of Health and Social Development;
• The labor activity of citizens undergoing alternative civilian service is regulated by the Labor Code of the Russian Federation.
The AGS term for citizens sent for its passage from January 1, 2008 is:
• 21 months - for citizens undergoing AGS in organizations subordinate to federal executive bodies, as well as executive bodies of constituent entities of the Russian Federation;
• 18 months - for citizens undergoing ACS in organizations of the Armed Forces of the Russian Federation, other troops, military units and bodies as civilian personnel.
See also
- Alternative civil service in Russia
- Alternative service in Belarus
- Conscientious refuser