Article about alternative service. Alternative Civil Service Law

Russian Federation, federal constitutional laws, present the federal law, other federal laws and other normative legal acts of the Russian Federation adopted in accordance with them, generally recognized principles and norms international law and international treaties Russian Federation.

1. Male citizens aged 18 to 27 who are not in the reserve are sent to alternative civilian service, have the right to replace military service by conscription with alternative civilian service, have personally submitted an application to the military commissariat about the desire to replace military service by conscription with an alternative civil service and in respect of which, in accordance with this Federal Law, the draft commission of a district, city without district division, other municipal (administrative-territorial) formation (hereinafter referred to as the draft commission) has made an appropriate decision.

If it is impossible to send citizens for alternative civilian service outside the territories of the constituent entities of the Russian Federation in which they permanently reside, citizens, in accordance with the decision of a specially authorized federal executive body, may be sent for alternative civilian service to organizations located in the territories of the constituent entities of the Russian Federation where they permanently reside.

3. Citizens belonging to indigenous peoples are sent to perform alternative civilian service in organizations of traditional economic sectors and traditional crafts.

4. types of work, professions, positions in which citizens undergoing alternative civilian service may be employed, as well as organizations where alternative civilian service is provided, are determined in the established by the Government of the Russian Federation.

5. When determining the type of work, profession, position in which a citizen sent to alternative civilian service can be occupied, and the place of alternative civil service, education, specialty, qualifications, previous work experience, health status, marital status of a citizen, as well as the need of organizations for labor resources.

6. Labor activity citizens undergoing alternative civil service should not interfere with the employment of other persons, and also serve as a basis for transferring to another place of work of persons performing work under an employment contract, or for their dismissal.

1. The term of alternative civilian service is 1.75 times longer than the established "On military duty and military service"the term of military service on conscription is 42 months, and for citizens who have graduated from state, municipal or state accredited in the relevant areas of training (specialties) non-state educational institutions higher vocational education- 21 months.

2. The term of alternative civilian service for citizens undergoing this service in organizations of the Armed Forces of the Russian Federation, other troops, military formations and bodies, is 1.5 times longer than the term of military service on conscription established by "On Military Duty and Military Service" and is 36 months, and for citizens who have graduated from state, municipal or state-accredited non-state educational institutions of higher professional education in the relevant areas of training (specialties) - 18 months.

4. The end of the alternative civil service of a citizen is considered the day the employer terminates the urgent employment contract with a citizen upon his dismissal from the alternative civilian service. At the same time, a fixed-term employment contract with a citizen undergoing alternative civilian service must be terminated by the employer on the day the term of his alternative civil service expires.

2. The organization of alternative civil service is carried out by specially authorized federal executive bodies determined by the President of the Russian Federation and the Government of the Russian Federation in accordance with their powers.

As well as military status law and conscription law, in the Russian Federation there is another federal legislative act, which implements the constitutional rights of citizens regarding the replacement of military service by conscription with alternative civilian service. Exactly law on alternative civil service establishes the categories and status of citizens who will undergo alternative service, instead of compulsory military service.

Alternative civil service, in accordance with Federal Law No. 113-FZ of July 25, 2002, is a certain type of labor activity carried out by citizens in the interests of society and the state. At the same time, this work activity is regulated Labor Code RF, however, taking into account the specifics provided for by the said law. Chapter 1 of the Federal Law on Alternative Civil Service establishes it general provisions. Thus, Article 1 defines the basic concept in this area, Article 2 establishes the right of a citizen to replace military service on conscription with an alternative service, Article 3 fixes the category of citizens who can be sent to alternative service. The place of alternative service and its terms are determined by articles 4-5 of the legislative document, the form of its organization and the responsibility of officials for violations of this law in this area are fixed in articles 6-7. The provisions of the law, Articles 8-9, establish the form of financing activities in the area under discussion and the organization and performance of alternative service during martial law and in war time, as well as during the mobilization period.

The organization of sending citizens to alternative service is regulated by Articles of Chapter 2. Article 10 directly regulates the sending of citizens to the service, Articles 11-13 - the form for filing the relevant application of citizens, its consideration and medical certification, and directly the decision to send citizens to the service. The direction of a citizen to the place of service and the resolution of disputes related to this direction is carried out in articles 14-15 of the law on alternative civil service.

The order of service and the leave of a citizen undergoing alternative service are established in Articles 16-17 of Chapter 3 of the document. Chapter 4 fixes the rights, duties and responsibilities of citizens who are sent to alternative service. Article 18 defines the status of citizens, Article 19-20 - the rights of citizens, including the provision of social guarantees and compensations, as well as conditions and remuneration, pensions and social insurance for citizens undergoing alternative service. The duties of citizens, the restriction of the rights and freedoms of citizens performing the specified service, and their responsibility are prescribed by Articles 21-22 of this law. Chapter 5, Articles 23-24 regulates the procedure for termination of alternative service, and the enrollment of citizens in the reserve, after completing alternative service. The final provisions are set out in chapter 6, article 25 establishes the entry into force of the law on alternative service, article 26 fixes the bringing of some regulatory legal acts in accordance with the current law.

Download the law on alternative civil service

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The federal law on alternative service was issued to regulate relations related to the desire of a person to transfer from military work to alternative civilian work. The law spells out situations in which a citizen has the opportunity to write an application for his transfer. It is submitted to the military commissariat and considered by the draft board. According to the law, the application is considered within 1 month.

Description of Federal Law 113

The federal law "On alternative civil service" was adopted on June 28, 2002. The legislative act was approved on July 10 of the same year. FZ-113 came into force on July 25, 2002. The last amendments to the law were made on December 28, 2016.

FZ-113 regulates relations that are associated with the implementation by citizens of the Russian Federation constitutional law to replace conscripted military service with alternative civilian service.

Legal basis for alternative civilian service:

the Constitution of the Russian Federation;
federal constitutional laws;
FZ-113;
other federal laws;
regulatory legal acts of the Russian Federation;
principles and norms of international law;
international treaties of Russia;
legislation of the subjects of the Russian Federation.

The Constitution of the Russian Federation establishes the status of citizens who perform alternative civilian service. The labor activity of such citizens is regulated by the Labor Code.

FZ-113 stipulates cases when a citizen has the right to replace military work with alternative civilian work:

military work is contrary to his life position, principles and religion;
a person is an indigenous artisan and is engaged in traditional craft.

According to the articles of law No. 113, men aged 18 to 27 are sent to alternative civilian service.

Citizens who cannot be sent to alternative civilian service:

have grounds for non-military service;
unfit for military duty;
have grounds for postponing work in military units.

Download the law on alternative civil service

The federal law "On Alternative Civil Service" consists of 6 chapters and 26 articles. Each of them describes important aspects associated with the passage of military service or its replacement with an alternative civilian one. The law spelled out places where citizens can do alternative civilian service:

in organizations that are subordinate to federal executive authorities;
in organizations that are subordinate to the executive authorities of the Russian Federation;
in organizations of the Russian Armed Forces.

Federal Law on ACS in latest edition can be downloaded.

Changes in the Federal Law AGS

The last amendments to FZ-113 were made on December 28, 2016. The changes affected paragraph 5 of article 5, paragraph 14, paragraph 4 of article 6, paragraph 2 of article 17.

Paragraph 5 Article 5

The changes affected the entire item as a whole. It was outlined in new edition. After recent changes the list of moments that do not count towards the duration of the alternative service has been supplemented:

serving an administrative or criminal sentence in the form of arrest;
the period during which the employee was on vacation or combined work with vacation;
the period of being on parental leave;
the time of absence from work for a good reason;
period of absence from work.

Paragraph 14 point 4 article 6

The paragraph has been changed completely and set out in a new edition. According to the new changes, citizens who refuse to perform alternative civilian service should be administratively punished. If employees do not fulfill their duties, they are subject to disciplinary liability.

Article 17, paragraph 2

AT paragraph 2 of article 17 a sentence was added that reads as follows: “When a citizen doing alternative civilian service uses leave to care for a child, he is given free time from work to travel to the place of use of the specified leave and back.”

Below we will consider articles that were not amended during the last edition of the law, but they are important for consideration.

Article 5

Article 5 indicates terms performing alternative civilian service:

42 months for persons who were sent to military service before January 1, 2007;
31.5 months for citizens who were sent from January 1 to December 31, 2007;
21 months for citizens who have completed state and municipal accreditation in their specialty and were sent before January 1, 2008;
21 months for individuals who were referred after January 1, 2008.

Important! The term of alternative civil service is 1.75 times longer than the term of military service.

Article 10

Article 10 includes step by step instructions when sending a citizen to alternative service:

Step 1. Submission of an application. A citizen must personally apply for his transfer from military service on conscription to an alternative civilian one.

Step 2 The application is considered by the recruiting committee. It makes a decision on the satisfaction or refusal of the stated request.

Step 3. After the decision is made, the candidate must appear for a medical examination so that the commission decides whether he is fit or not.

Step 4 At the last stage, a citizen must appear at the military commissariat and receive an order.

Article 11

Article 11 regulates the deadlines for submitting an application to the military commissariat for a change of service:

until April 1 for persons called up for service in the period from October to December of the current year;
until October 1 for persons called up for military service between April and June of the following year.

According to Article 11 FZ-113 in an application to change work in military institutions to an alternative civilian one, a citizen must write the reasons and motives that prompted him to this act. It is accompanied by a biography and a description from the place of work or study. If necessary, the list of documents can be replenished.

Important! When submitting an application, the commissariat must issue a document to a person that confirms his registration.

Article 12

AT article 12 the process of studying applications by the draft board is described. She must inform the citizen about the time and place of the meeting in advance. The commission considers the arguments and arguments of the applicant that military service is contrary to his religion on the basis of:

speeches of witnesses who will confirm the arguments presented in the statement;
analysis of all submitted documents;
analysis of additional papers collected by the draft board.

According to FZ-113, the commission is given 30 days to make a decision. If the commission decides to refuse a person in his application, then she must motivate this. The refusal must be in writing.

The commission may issue a negative answer if:

the person violated the application period;
the evidence provided does not match the person's words at the hearing;
the submitted documents contain false information;
the person twice did not appear at the meetings of the commission without good reasons.

THE RUSSIAN FEDERATION

THE FEDERAL LAW

ABOUT ALTERNATIVE CIVIL SERVICE

State Duma

Federation Council

This Federal Law governs relations related to the exercise by citizens of the Russian Federation (hereinafter referred to as citizens) of the constitutional right to replace conscripted military service with alternative civilian service.

Chapter 1. GENERAL PROVISIONS

Article 1. Alternative civilian service

1. Alternative civilian service - special kind labor activity in the interests of society and the state, carried out by citizens in return for conscription military service.

2. Legal basis alternative civil service are the Constitution of the Russian Federation, federal constitutional laws, this Federal Law, other federal laws and other regulatory legal acts of the Russian Federation adopted in accordance with them, generally recognized principles and norms of international law and international treaties of the Russian Federation, as well as the legislation of the constituent entities of the Russian Federation applied to the extent not inconsistent with this Federal Law.

3. The status of citizens undergoing alternative civil service is established by this Federal Law in accordance with the Constitution of the Russian Federation.

The labor activity of citizens undergoing alternative civilian service is regulated by the Labor Code of the Russian Federation, taking into account the specifics provided for by this Federal Law.

Article 2

A citizen has the right to replace conscripted military service with alternative civilian service in cases where:

performing military service is contrary to his convictions or religion;

he belongs to the indigenous small people, leads a traditional way of life, carries out traditional management and is engaged in traditional crafts.

Article 3. Citizens sent to alternative civilian service

1. Male citizens aged 18 to 27 who are not in the reserve are sent to alternative civilian service, have the right to replace military service by conscription with alternative civilian service, have personally submitted an application to the military commissariat about the desire to replace military service by conscription with an alternative civil service and in respect of which, in accordance with this Federal Law, the draft commission, the creation of which is regulated by the Federal Law of March 28, 1998 N 53-FZ"On Military Duty and Military Service" (hereinafter referred to as the Federal Law "On Military Duty and Military Service"), a corresponding decision was made.

2. Citizens who, in accordance with the Federal Law "On Military Duty and Military Service":

have grounds for exemption from conscription for military service;

are not subject to conscription for military service;

have grounds for granting a deferment from conscription for military service.

Article 4

1. Citizens perform alternative civil service individually, as well as in groups or formations:

in organizations subordinate to federal executive bodies;

in organizations subordinate to the executive authorities of the constituent entities of the Russian Federation;

in organizations of the Armed Forces of the Russian Federation, other troops, military formations and bodies as civilian personnel.

The passage of alternative civilian service in organizations subordinate to local governments is determined by federal law.

2. Citizens perform alternative civil service, as a rule, outside the territories of the constituent entities of the Russian Federation in which they permanently reside.

3. Citizens belonging to indigenous peoples are sent to perform alternative civilian service in organizations of traditional economic sectors and traditional crafts.

4. Lists of types of work, professions, positions in which citizens undergoing alternative civilian service may be employed, as well as organizations where alternative civilian service is provided, are determined in the manner established by the Government of the Russian Federation.

6. The labor activity of citizens undergoing alternative civil service should not interfere with the employment of other persons, and also serve as a basis for the transfer to another place of work of persons performing work under an employment contract, or for their dismissal.

Article 5. Term of alternative civilian service

1. The term of alternative civilian service is 1.75 times longer than the term of military service on conscription established by the Federal Law "On Military Duty and Military Service" and is:

for citizens sent for its passage before January 1, 2007, with the exception of citizens specified in paragraph four of this paragraph - 42 months;

for citizens sent for its passage from January 1 to December 31, 2007 inclusive, with the exception of citizens specified in the fourth paragraph of this paragraph - 31.5 months;

for citizens who have graduated from state, municipal or state-accredited non-state educational institutions of higher professional education in the relevant areas of training (specialties) and sent for its passage before January 1, 2008 - 21 months;

for citizens sent for its passage before January 1, 2007, with the exception of citizens specified in paragraph four of this paragraph - 36 months;

for citizens sent for its passage from January 1 to December 31, 2007 inclusive, with the exception of the citizens specified in paragraph four of this paragraph - 27 months;

for citizens who graduated from state, municipal or having state accreditation in the relevant areas of training (specialties) non-state educational institutions of higher professional education and sent for its passage before January 1, 2008 - 18 months;

3. The beginning of the alternative civilian service of a citizen is considered the day of his departure to the place of alternative civilian service, indicated in the order of the military commissariat.

4. The end of the alternative civil service of a citizen is the day the employer terminates the fixed-term employment contract with the citizen upon termination of the alternative civil service. At the same time, a fixed-term employment contract with a citizen undergoing alternative civilian service must be terminated by the employer on the day the term of his alternative civil service expires.

5. The term of alternative civilian service does not include:

term of serving a criminal or administrative punishment in the form of an arrest;

time spent in additional holidays provided by the employer to employees who combine work with education;

the time spent on parental leave and the time of travel to the place of use of the said leave and back;

absenteeism (absence from the workplace without good reason throughout the working day (shift), regardless of its (her) duration, as well as absence from the workplace without good reason for more than four hours in a row during the working day (shift);

the period of suspension from work (non-admission to work) in connection with the appearance at work in a state of alcoholic, narcotic or other toxic intoxication.

Article 6. Organization of alternative civil service

1. Alternative civilian service is organized in accordance with this Federal Law, the regulation on the procedure for performing alternative civilian service, as well as other regulatory legal acts Russian Federation.

The President of the Russian Federation and the Government of the Russian Federation, in accordance with their powers and this Federal Law, entrust the specially authorized federal executive bodies with the implementation regulation, as well as organizational, control and other functions in the field of organizing an alternative civil service.

3. The Government of the Russian Federation, in accordance with the Constitution of the Russian Federation, federal constitutional laws, this Federal Law, other federal laws, decrees of the President of the Russian Federation, approves the regulation on the procedure for performing alternative civilian service, issues other regulatory legal acts in the field of organizing alternative civilian service and ensures their execution.

4. The organization of the alternative civilian service involves federal executive authorities determined by the President of the Russian Federation and the Government of the Russian Federation in accordance with their powers, executive authorities of the constituent entities of the Russian Federation, which have jurisdiction over organizations where alternative civilian service is provided, as well as these organizations.

The functions of the said federal executive bodies in the field of organization of alternative civil service are determined by the President of the Russian Federation and the Government of the Russian Federation in accordance with their powers and this Federal Law.

Executive authorities of the subjects of the Russian Federation:

submit proposals to specially authorized federal executive bodies on lists of types of work, professions, positions in which citizens undergoing alternative civilian service can be employed, as well as organizations where it is proposed to provide for the passage of alternative civilian service;

keep records of organizations subordinate to them, which provide for the passage of alternative civilian service;

send to specially authorized federal executive bodies the necessary information about citizens who have arrived to perform alternative civilian service in organizations subordinate to them;

keep records of citizens undergoing alternative civilian service in organizations subordinate to them, organize their accommodation and consumer services;

paragraph is invalid. - Federal Law of August 22, 2004 N 122-FZ;

Organizations where alternative civilian service is provided:

submit to the relevant federal agency to the executive power or to the executive power body of the constituent entity of the Russian Federation, proposals on lists of types of work, professions, positions in which citizens undergoing alternative civilian service may be employed;

conclude fixed-term employment contracts with citizens sent for alternative civilian service, and terminate fixed-term employment contracts with them;

organize, if necessary, vocational training for citizens sent for alternative civilian service;

control the performance of labor duties by citizens undergoing alternative civil service; in the event of non-fulfillment or improper fulfillment by the said citizens through their fault of the labor duties assigned to them, they are brought to disciplinary liability in the manner prescribed by federal laws; in the cases and in the manner established by the regulation on the procedure for performing alternative civilian service, in order to hold, in accordance with the legislation of the Russian Federation, these citizens liable for evading alternative civilian service, they send relevant materials to the head of the investigative body of the Investigative Committee of the Russian Federation at the place of passage of the indicated citizens of alternative civil service;

ensure, within their competence, compliance with the provisions of this Federal Law, carry out measures to implement the rights of citizens undergoing alternative civilian service and their social protection.

Article 7. Responsibility of officials for violation of this Federal Law

Members of draft boards, officials of federal bodies state power, state authorities of the constituent entities of the Russian Federation, local governments and organizations that contribute by their actions to the illegal assignment of citizens to alternative civilian service or the evasion of citizens from performing the duties of alternative civilian service, as well as preventing citizens from performing the duties of alternative civilian service or not performing duties related to by an alternative civil service organization established by legislative and other regulatory legal acts of the Russian Federation, are held liable under the legislation of the Russian Federation.

Article 8. Financing of activities related to the organization of alternative civil service

Financing of activities related to the organization of alternative civil service and the provision of rights and social guarantees to citizens undergoing alternative civil service is carried out at the expense of the federal budget, as well as the funds of organizations in which they perform alternative civil service, in the manner established by the legislation of the Russian Federation.

Article 9

The organization and performance of alternative civilian service during the period of mobilization, during martial law and in wartime are determined by federal constitutional laws, other federal laws and other regulatory legal acts of the Russian Federation adopted in accordance with them.

Chapter 2. ORGANIZATION OF REFERRAL OF CITIZENS

FOR AN ALTERNATIVE CIVIL SERVICE

submission by him of an application for the replacement of military service on conscription by an alternative civilian service (hereinafter also - an application);

consideration of the citizen's application at a meeting of the conscription commission and the issuance by the said commission of an opinion on the replacement of the military service for the citizen by conscription with an alternative civilian service or a decision to refuse such a replacement;

the appearance of a citizen for a medical examination and at a meeting of the draft commission to decide on sending him to alternative civilian service;

the appearance of a citizen in the military commissariat and the receipt of an order indicating the place of alternative civilian service.

2. The direction of citizens to alternative civilian service is organized by the head of the local self-government body together with the military commissariat and is carried out by the draft commission in accordance with the Federal Law "On military duty and military service" and this Federal Law.

3. Citizens are summoned to events related to the assignment to alternative civilian service by subpoenas of the military commissariat.

4. The procedure for sending citizens to alternative civilian service is determined by this Federal Law, other federal laws, the regulation on the procedure for performing alternative civilian service and other regulatory legal acts of the Russian Federation adopted in accordance with them.

5. Citizens belonging to indigenous peoples are sent to perform alternative civilian service in the manner determined by the regulation on the procedure for performing alternative civilian service.

Article 11

1. Citizens have the right to submit applications for the replacement of military service by conscription with alternative civilian service to the military commissariat, where they are registered with the military, within the following terms:

before April 1 - citizens who must be called up for military service in October - December of the current year;

before October 1 - citizens who must be called up for military service in April - June of the next year.

Citizens who use deferrals from conscription for military service, the validity of which must expire after the end of the next conscription for military service, in case of premature termination of the basis for the deferral, have the right to apply for the replacement of military conscription service with alternative civilian service after April 1 or after October 1 within 10 days from the date of termination of the ground for deferment.

Citizens who use deferrals from conscription for military service, the validity of which must expire after April 1 or after October 1, but no later than the deadline for the next conscription for military service, apply for the replacement of conscription military service with alternative civilian service on a general basis.

Citizens who have expressed a desire to replace conscripted military service with alternative civilian service must justify that military service is contrary to their beliefs or religion.

2. In an application for the replacement of military service by conscription with alternative civilian service, a citizen indicates the reasons and circumstances that prompted him to apply for this.

The application is accompanied by an autobiography and a description from the place of work and (or) study of a citizen (for working (working) and (or) studying (studied)). The citizen has the right to attach other documents to the application.

In the application, a citizen has the right to indicate persons who agree to confirm the accuracy of his arguments that the performance of military service is contrary to his convictions or religion.

3. The military commissariat issues to the citizen a document confirming the registration of the application.

Article 12

1. A citizen's application for the replacement of military service by conscription with alternative civilian service is considered at a meeting of the conscription commission only in his presence.

The citizen is notified in advance of the time and place of the meeting of the draft commission.

2. The draft commission considers the arguments of a citizen that the performance of military service is contrary to his convictions or religion, on the basis of:

speeches at a meeting of the draft commission of a citizen, as well as persons who agreed to confirm the accuracy of his arguments that military service is contrary to his beliefs or religion;

analysis of documents submitted by a citizen;

analysis of additional materials received by the draft board.

3. Based on the results of consideration of the application, the draft commission issues a conclusion on the replacement of the military service for the citizen by conscription with an alternative civilian service or makes a reasoned decision to refuse such a replacement.

The conclusion (decision) of the draft commission must be issued (adopted) within a month from the date of the deadline for filing an application with the military commissariat, established by paragraph 1 of Article 11 of this Federal Law.

If it is necessary to request additional materials by the draft board, the term for issuing a conclusion or making a decision may be extended by the chairman of the draft board, but not more than for one month.

The conclusion (decision) is made (adopted) by a simple majority of votes with the participation of at least two-thirds of the members of the draft commission in the meeting and is announced to the citizen in respect of whom it was made, with the issuance of a copy of the conclusion (decision) to him.

4. A citizen may be denied the replacement of military service by conscription with alternative civilian service in cases where:

he violated the term and (or) procedure for filing an application for the replacement of military service by conscription with alternative civilian service, determined by Article 11 of this Federal Law and the regulation on the procedure for performing alternative civilian service;

the documents and other data characterizing him do not correspond to the arguments of the citizen that the performance of military service is contrary to his convictions or religion;

deliberately false information is indicated in the citizen's application for the replacement of military service on conscription with alternative civilian service and the documents attached to it;

he was twice called to the meetings of the draft board and did not appear at them without a good reason;

earlier he was given the opportunity to do alternative civilian service and he evaded it.

5. Valid reasons for the non-appearance of a citizen at a meeting of the draft commission, subject to documentary confirmation of the reasons for non-appearance, are:

illness or injury (injury) of a citizen associated with disability;

the grave state of health of the father, mother, wife, son, daughter, brother, sister, grandfather, grandmother or adoptive parent of a citizen or participation in the funeral of these persons;

an obstacle that arose as a result of force majeure, or another circumstance that does not depend on the will of the citizen;

other reasons recognized as valid by the draft board or court.

6. A citizen, in respect of whom the draft commission has issued a conclusion on the replacement of military service on conscription with an alternative civilian service, is handed a summons indicating the deadline for appearing for a medical examination and a meeting of the draft commission to resolve the issue of sending him to alternative civilian service.

7. A citizen, in respect of whom the draft board has made a decision to refuse to replace military service on conscription with alternative civilian service, is subject to conscription in accordance with the Federal Law "On Military Duty and Military Service".

A copy of the decision of the draft board must be issued to the citizen within three days from the date of the decision.

Article 13

1. A citizen, in respect of whom the draft board has issued a conclusion on the replacement of military service on draft with an alternative civilian service, within the time limits determined by the military commissariat, undergoes a medical examination and appears at a meeting of the draft board to decide whether to send him to alternative civilian service.

2. Medical examination of citizens sent to alternative civilian service is carried out in the manner prescribed by the Federal Law "On Military Duty and Military Service" for citizens subject to conscription for military service.

3. The decision to send a citizen to alternative civilian service is made by the draft commission in accordance with the conclusion on the replacement of military service by conscription with alternative civilian service in the absence of grounds for exemption or deferral from conscription for military service.

The decision to send a citizen to alternative civilian service can be made only after he reaches the age of 18 years.

4. In the event that a citizen fails to appear at a meeting of the draft commission without valid reasons, specified in paragraph 5 of Article 12 of this Federal Law, he is subject to conscription for military service in accordance with the Federal Law "On Military Duty and Military Service".

1. A citizen is sent to the place of alternative civilian service by the military commissariat in accordance with the decision of the draft commission and in accordance with the plan of the specially authorized federal executive body.

2. A citizen sent to alternative civilian service is obliged to appear at the time and place specified in the agenda of the military commissariat and receive an order against receipt for departure to the place of alternative civilian service.

A citizen is obliged to appear at the place of alternative civilian service within the time specified in the order.

Article 15

The decision of the draft commission to refuse to replace military service on conscription with alternative civilian service may be appealed by a citizen to the court in the manner prescribed by the legislation of the Russian Federation.

In the event of an appeal by a citizen of the said decision, its implementation is suspended until the entry into force of the court decision.

Chapter 3. PASSING ALTERNATIVE

CIVIL SERVICE

Article 16

1. The procedure for performing alternative civilian service is determined by this Federal Law, other federal laws, the regulation on the procedure for performing alternative civilian service and other regulatory legal acts of the Russian Federation adopted in accordance with them.

2. The employer, to which the citizen arrived from the military commissariat to undergo alternative civilian service, is obliged to conclude a fixed-term employment contract with him for the period of alternative civilian service in this organization and, within three days, notify the military commissariat that sent the citizen to alternative civilian service , as well as the federal executive body or the executive body of the subject of the Russian Federation, to which the organization is subordinate.

3. The transfer of a citizen undergoing alternative civil service from one organization to another is carried out on the grounds and in the manner determined by the regulation on the procedure for performing alternative civil service.

4. By decision of the federal executive authorities or executive authorities of the constituent entities of the Russian Federation, within their competence, citizens undergoing alternative civilian service in organizations subordinate to these bodies may be involved in the elimination of consequences natural Disasters, disasters and other emergencies on the territory of the Russian Federation.

Article 17

1. A citizen undergoing alternative civilian service is granted leave in the manner prescribed by the Labor Code of the Russian Federation.

2. The duration of annual paid leave and leave without pay increases by the number of calendar days required to travel to the place of use of the leave and back. When a citizen doing alternative civil service uses leave to care for a child, he is given free time from work to travel to the place of use of the said leave and back.

Chapter 4. RIGHTS, DUTIES AND RESPONSIBILITIES

CITIZENS PASSING AN ALTERNATIVE

CIVIL SERVICE

Article 18. Status of citizens undergoing alternative civil service

1. The status of citizens undergoing alternative civilian service is a set of rights and freedoms guaranteed by the state, as well as their duties and responsibilities established by federal constitutional laws, this Federal Law, other federal laws and other regulatory legal acts of the Russian Federation.

2. Citizens acquire the status of citizens undergoing alternative civil service with the beginning of alternative civil service and lose it with the end of alternative civil service.

3. Citizens undergoing alternative civil service, in accordance with the regulation on the procedure for performing alternative civil service, are issued documents confirming their completion of alternative civil service.

Article 19

1. Citizens performing alternative civilian service shall have the rights and freedoms of a person and a citizen with certain restrictions established by federal constitutional laws, this Federal Law and other federal laws.

Citizens performing alternative civilian service are provided with social guarantees and compensations related to the special nature of their labor activity.

2. The time spent by a citizen in alternative civilian service is counted in the total and continuous seniority and work experience in the specialty.

The time spent by a citizen in alternative civilian service in the regions of the Far North and areas equivalent to them, as well as in areas and localities where regional coefficients and percentage bonuses to wages, is counted in the length of service in these areas and localities.

Time spent by a citizen in alternative civil service in positions and professions that are associated with the performance of hard work and work with harmful and (or) hazardous conditions work, is counted in the length of service, giving the right to social guarantees and compensation in the manner prescribed by the legislation of the Russian Federation.

3. For a citizen undergoing alternative civilian service, living space, occupied by him before being sent to alternative civilian service. At the same time, he cannot be excluded from the lists of persons in need of better housing conditions.

4. For a citizen who worked before being sent to alternative civilian service in the state or municipal organization, within three months after his dismissal from the alternative civilian service, the right to work in the same organization and in the same position, and in its absence - to another equivalent job (position) in the same or, with the consent of the employee, another organization .

5. For a citizen sent to alternative civilian service during the period of his education in an educational organization, upon dismissal from alternative civilian service, the right to be enrolled to continue his studies in that educational organization and in the course where he studied before being sent to alternative civilian service is retained.

6. Citizens undergoing alternative civilian service have the right to receive education outside of working hours during educational organizations by correspondence or part-time education.

These citizens are provided with social guarantees and compensations provided for by the Labor Code of the Russian Federation for persons combining work with education. At the same time, they cannot be established (established) a reduced working week (reduced working time).

7. Citizens performing alternative civil service are guaranteed the right to health care and medical care.

Medical assistance to citizens undergoing alternative civilian service is provided in medical organizations state system health and municipal system health care at the place of their alternative civilian service.

8. Citizens undergoing alternative civil service have the right to free travel by rail, air, water and road (with the exception of taxis) to the place of alternative civil service, in connection with the transfer to a new place of alternative civil service, to the place of residence when using annual paid leave and back (once a year), to the place of residence upon dismissal from alternative civilian service.

Expenses associated with the realization of the right of citizens undergoing alternative civil service to free travel to the place of alternative civil service, including in connection with the transfer to a new place of alternative civil service, and to the place of residence upon dismissal from alternative civil service, are compensated for account of federal budget funds in the manner determined by the Government of the Russian Federation.

Expenses associated with the realization of the right of citizens undergoing alternative civilian service to free travel to their place of residence when using annual paid leave and back are compensated at the expense of the employer in the manner determined by the Government of the Russian Federation.

Article 20

1. The duration of the working hours of citizens undergoing alternative civilian service, as well as the rules of labor protection, safety and industrial sanitation are established in accordance with labor law and other normative legal acts containing labor law norms.

The performance by a citizen undergoing alternative civil service of labor duties when participating in events, the list of which is determined by the head of the relevant federal executive body or the head of the executive body of the subject of the Russian Federation, which has jurisdiction over the organization where the citizen is performing alternative civil service, if necessary, is carried out without limiting the general weekly working hours. The procedure and conditions for providing rest that compensates a citizen for participation in these events are determined by the regulation on the procedure for performing alternative civilian service.

2. Remuneration for the work of a citizen undergoing alternative civil service is made by the organization in accordance with the system of remuneration in force in the organization.

3. Organizations that provide for the passage of alternative civilian service, provide a hostel free of charge for citizens undergoing alternative civilian service outside the territory where they permanently reside.

Placement of citizens undergoing alternative civilian service in organizations of the Armed Forces of the Russian Federation, other troops, military formations and bodies, in the same building with conscripted military personnel, is not allowed.

4. Provision of special clothing, special footwear, other means personal protection and other material support for citizens undergoing alternative civil service are carried out by organizations in the manner, according to the norms and within the time limits established by the legislation of the Russian Federation for the corresponding type of work.

5. Citizens undergoing alternative civilian service are subject to compulsory state social insurance, as well as state disability pensions in accordance with the legislation of the Russian Federation.

Article 21

1. Citizens undergoing alternative civilian service are required to:

comply with the Constitution of the Russian Federation, federal constitutional laws and other federal laws, comply with the requirements established by this Federal Law, the regulation on the procedure for performing alternative civilian service, local regulations organizations;

observe labor discipline, conscientiously fulfill the labor duties assigned to them by a fixed-term employment contract;

be registered with the military at the place of stay. Military registration of citizens undergoing alternative civilian service is carried out in accordance with the legislation of the Russian Federation on military duty and military service.

2. Citizens undergoing alternative civilian service are not entitled to:

refuse to conclude a fixed-term employment contract, as well as from the performance of labor duties assigned to them by a fixed-term employment contract;

hold leadership positions;

participate in strikes and other forms of suspension of the activities of organizations;

combine alternative civilian service with work in other organizations;

engage in entrepreneurial activities personally or through proxies, as well as assist individuals and legal entities in their entrepreneurial activity receive remuneration for this and enjoy social guarantees;

leave locality in which the organization is located, where they perform alternative civilian service, without the consent of the representative of the employer;

terminate (terminate) a fixed-term employment contract on their own initiative;

leave workplace and leave the organization where they are doing alternative civilian service during working hours, established by the rules internal work schedule and shift schedules.

Article 22. Responsibility of citizens undergoing alternative civil service

Citizens undergoing alternative civilian service bear disciplinary, administrative, material, civil and criminal liability in accordance with the legislation of the Russian Federation, taking into account the specifics associated with the passage of alternative civilian service.

Chapter 5. TERMINATION OF ALTERNATIVE CIVIL SERVICE

Article 23. Termination of alternative civilian service

1. Alternative civilian service is terminated:

in connection with the dismissal of a citizen from alternative civilian service;

in connection with death (death), with the recognition, in the manner prescribed by law, as missing or the declaration of a citizen undergoing alternative civil service as dead.

2. A citizen is subject to dismissal from alternative civil service:

upon expiration of the term of alternative civilian service;

in connection with his recognition by the military medical commission as unfit for military service or partially fit for military service;

in connection with the exercise by him of the powers of a member of the Federation Council of the Federal Assembly of the Russian Federation, the highest official subject of the Russian Federation (head of higher executive body state power of the subject of the Russian Federation), as well as in connection with his election as a deputy State Duma of the Federal Assembly of the Russian Federation, deputy of the legislative (representative) body of state power of a constituent entity of the Russian Federation, deputy of the representative body of local self-government, head municipality and the exercise of these powers on an ongoing basis;

in connection with the entry into force of the court verdict on the appointment of a citizen of punishment in the form of deprivation of liberty.

3. A citizen has the right to early dismissal from alternative civilian service if there are grounds on which, in accordance with the Federal Law "On Military Duty and Military Service", a serviceman who does not have the military rank of an officer and who is doing military service by conscription has the right to early dismissal from military service.

4. The alternative civil service of a citizen is terminated in the event of his death (death) on the day following the day of death (death), and in cases of recognition of a citizen as missing in the manner prescribed by law or declaring him dead - on the day following the day of entry into legal service. force of the relevant court decision.

In case of death (death) of a citizen who performed alternative civil service outside the territory where he permanently resided, the coffin with the body (remains) of the deceased (deceased) is delivered by the employer to the place of burial chosen by relatives in accordance with the regulation on the procedure for performing alternative civil service.

Expenses associated with the delivery to the place of burial of the coffin with the body (remains) of a citizen who died (deceased) during the period of alternative civilian service are compensated at the expense of the federal budget in the manner determined by the Government of the Russian Federation.

5. The procedure for termination of alternative civilian service is determined by this Federal Law and the regulation on the procedure for performing alternative civilian service.

6. The decision to terminate the alternative civil service is made by officials determined by the head of the federal executive body or the head of the executive body of the constituent entity of the Russian Federation to which the organization where the citizen is performing alternative civil service is subordinate.

The decision of an official of the relevant federal executive body or an official of the executive body of a subject of the Russian Federation is the basis for the termination by the employer of a fixed-term employment contract with a citizen undergoing alternative civilian service. The employer makes an appropriate entry in the citizen's work book about the reasons for terminating the fixed-term employment contract.

Upon termination of a fixed-term employment contract, the employer is obliged to issue a work book to the citizen on the day of dismissal (the last day of work).

In the event of termination of a fixed-term employment contract due to death (death), recognition in the manner prescribed by law as missing or declaration of a citizen undergoing alternative civilian service as dead employment history after making an appropriate entry on the termination of a fixed-term employment contract, it is sent by mail on the basis of a written application from a relative of the deceased (deceased) or issued to one of the relatives of the deceased (deceased) against receipt.

7. After the termination of a fixed-term employment contract with a citizen undergoing alternative civilian service, the employer is obliged to notify the federal executive body or the executive body of the constituent entity of the Russian Federation to which the organization is subordinate within three working days.

Article 24

1. Citizens who have completed alternative civilian service are enlisted in the reserve of the Armed Forces of the Russian Federation.

2. Citizens who have completed alternative civilian service are not called up for military training.

Chapter 6. FINAL PROVISIONS

Article 25. Entry into force of this Federal Law

Article 26

Include in the Federal Law of March 28, 1998 N 53-FZ"On military duty and military service" (Sobraniye zakonodatelstva Rossiyskoy Federatsii, 1998, N 13, item 1475; N 30, item 3613) the following additions:

Paragraph 1 of Article 27 shall be supplemented with the following paragraph:

Paragraph 1 of Article 29 shall be supplemented with a new paragraph eighth of the following content:

"representative of the relevant body of the federal public service employment of the population (in terms of issues related to alternative civilian service).";

Paragraph 2 of Article 55 shall be supplemented with subparagraph "p" of the following content:

"o) citizens who have completed alternative civilian service.".

The president

Russian Federation

Moscow Kremlin