Draft of Federal law of the Russian Federation
ON ALTERNATIVE CIVIL SERVICE
Summary:
This federal law regulates the constitutional right of citizens to perform an
alternative to military service. The law specifies those who may opt for this form of
service, the means of applying to do so, and those who are exempt from alternative
forms of service. The places where service is to be performed and the duration of
service are also detailed.
The federal bodies with the power to organise alternative service and the
regulations applying to their so doing (and liability for any violations) are defined.
The financing of service is outlined. The rubric of organising a citizen’s induction
to, participation in and discharge from alternative service is detailed.
The law elaborates in detail the process of applying for alternative service, the
assessment of the application, medical examination, and the despatch of the
individual to the allotted place of service.
The rights, duties and responsibilities of citizens performing military service are
outlined, along with limitations on rights and liberties during the performance of
service. Payments during service and social insurance and pension provision
during and after service are discussed.
CHARTER I. GENERAL PROVISIONS
Article 1. Alternative Civil Service
1. Alternative civil service is a special type of labor activity in the interests of the
society and state that is performed by the citizens of the Russian Federation
(hereinafter referred to as the citizens) instead of military service on call.
2. The legal basis of alternative civil service is the Constitution of the Russian
Federation, this Federal Law, other federal laws, and other legal regulation acts of
the Russian Federation in this sphere, generally acknowledged principles and
standards of International Law and International Treaties of the Russian
Federation.
3. Citizens who are performing alternative civil service shall have the status defined
according to the Constitution of the Russian Federation by this Federal Law.
The labor of citizens who are performing alternative civil service shall be regulated
by the Labor Code of the Russian Federation with the view to peculiarities foreseen
by this Federal Law.
Article 2. The Right of a Citizen to Replace Military Service on Call with Alternative
Civil Service
A citizen shall have a right to replace military service on call with alternative civil
service in the following cases:
if military service contradicts his beliefs and religion;
if he belongs to native minorities who have a traditional way of life and who are
engaged in branches of a traditional economy and traditional trade.
Article 3. Citizens Who Are to Be Sent to Alternative Civil Service
1. The following individuals shall be sent to alternative civil service: male citizens
aged from 18 to 27 years old who are not in the reserve, who have the right
according to Article 2 of this Federal Law to replace military service on call with
alternative civil service, who have personally submitted, in the order envisaged by
this Federal Law, an Application Form to the Military Commissariat about their
desire to replace military service on call with alternative civil service and in relation
to whom a relevant decision was taken by the Military Draft Commission that is
established in every district, every city without district division, any other municipal
(administrative and territorial) formation upon the resolution of the local selfgovernment body (hereinafter referred to as the Military Draft Commission) in
accordance with this Federal Law.
2. The following citizens shall not be sent to alternative civil service, according to
the Federal Law on Military Duty and Military Service:
citizens who have grounds to be released from military service;
citizens who shall not be called to military service;
citizens who have the right to a delay in military service.
Article 4. Place of Performing Alternative Civil Service by Citizens
1. Citizens shall perform alternative civil service on the territory where they
permanently reside or outside the boundaries of the territory, individually or in
groups or formations:
in organizations and establishments that are subordinate to Federal bodies of
executive power;
in organizations and establishments that are subordinate to executive authorities of
the bodies of the Russian Federation;
as civil personnel in establishments and organizations of the Armed Forces of the
Russian Federation, other troops and military formations.
2. Citizens who belong to native minorities shall be sent to alternative civil service
in establishments and organizations of branches of traditional economy and
traditional trade.
3. The list of types of jobs and positions (professions) and establishments and
organizations (hereinafter referred to as organizations) where alternative service is
to be performed by the citizens, shall be defined by the Government of the Russian
Federation.
4. While determining the place of alternative civil service for a citizen, the following
shall be taken into consideration: education, profession, qualification, work
experience, health and the need of an organization in labor resources.
The place of performing alternative civil service may not, as a rule, be determined
to be the organization where a citizen had worked before he was sent to the above
mentioned service.
5. The use of labor of citizens, who are performing alternative civil service, shall not
block recruitment of other individuals to the organization.
Article 5. The Term of Alternative Civil Service
1. The term of alternative civil service shall be fixed as twice as much as for military
service on call as defined by the Federal Law on Military Duty and Military Service
and shall be:
for citizens—48 months;
for citizens who graduated from state, municipal or having state accreditation in
relevant spheres of training (professions) non-state educational institutions of
higher professional education—24 months.
2. The term of alternative civil service for citizens who are performing the said
service in organizations of the Armed Forces of the Russian Federation, other
troops and military formations, shall be set one and a half time longer than the term
of military service on call envisaged by the Federal Law on Military Duty and
Military Service, and shall constitute:
for citizens—36 months;
for citizens who graduated from state, municipal, or non-state educational
institutions of higher professional education having state accreditation in relevant
spheres of training (professions) —18 months.
3. The beginning of the term of citizen's alternative civil service shall be the day of
his departure for the place of performing alternative civil service, defined by the
instruction of the Military Commissariat.
4. The end of citizen's alternative civil service shall be the day when the employer
terminates the fixed term labor contract with a citizen upon his discharge from
alternative civil service. At this time the fixed term labor contract shall be
terminated, in relation to the citizen who is performing alternative civil service, by
the employer on the day when the term of citizen's alternative civil service is over.
5. The following shall not be included in the term:
absence, including absence from the place of work without reasonable grounds for
more than 4 hours continuously during the working day;
the time of being on additional leaves that are granted to students of educational
institutions;
the time of serving criminal or administrative punishment in the form of an arrest.
Article 6. Organization of Alternative Civil Service
1. Organization of alternative civil service shall be established under this Federal
Law by the Regulations on the Order of Performing Alternative Civil Service, as
well as other legal regulation acts of the Russian Federation.
2. Organization of alternative civil service shall be executed by specially authorized
Federal bodies of executive power, defined by the President of the Russian
Federation and the Government of the Russian Federation within their powers.
Within their competence and according to this Federal Law, the President of the
Russian Federation and the Government of the Russian Federation shall entrust to
special representative bodies of executive power the execution of corresponding
standard regulation, as well as organizational control and other functions in the
sphere of organization of alternative civil service.
3. On the grounds of, and in order to observe, the Constitution of the Russian
Federation the Government of the Russian Federation shall adopt Regulations on
the Order of Performing Alternative Civil Service, issue other legal regulation acts in
the sphere of organization of alternative service and provide for their execution.
4. The following bodies shall be engaged in the organization of alternative civil
service: Federal bodies of executive power, defined by the President of the Russian
Federation and the Government of the Russian Federation within their competence,
and executive authorities of the bodies of the Russian Federation that have
subordinate organizations where alternative civil service is to be performed by the
citizens, as well as these subordinate organizations.
Functions of Federal bodies of executive power that have subordinate
organizations where alternative civil service is to be performed by the citizens,
related to organization of alternative service shall be determined by the President
of the Russian Federation and the Government of the Russian Federation within
their competence and in accordance with this Federal Law.
The executive authorities of the bodies of the Russian Federation that have
subordinate organizations where the citizens are to perform alternative civil service,
shall:
submit to specially authorized Federal bodies of executive power suggestions on
the lists of jobs and positions (professions), as well as subordinate organizations,
where it is suggested to envisage that alternative civil service is performed by the
citizens;
keep records of subordinate organizations where it is envisaged that alternative
civil service is performed by the citizens;
forward to specially authorized Federal bodies of executive power necessary
information about citizens who have arrived to perform alternative civil service in
subordinate organizations;
keep records of the citizens performing alternative civil service in subordinate
organizations, organize their stationing and communal services;
control how subordinate organizations, where citizens perform alternative civil
service, execute the legislation of the Russian Federation on labor;
provide, within their competence, for the observation of provisions of this Federal
Law, take measures in order to realize rights of citizens who are performing
alternative civil service and their social protection.
Organizations where it is envisaged that alternative civil service is performed by
citizens, shall:
submit to a Federal body of executive power or to executive authority of the body
of the Russian Federation, that have subordinate organizations, suggestions on the
lists of jobs and positions (professions) in which it may be envisaged that
alternative civil service is performed by citizens;
recruit for a job citizens who are sent to perform alternative civil service and cancel
their job contract;
control how citizens perform their working duties and if a citizen dodges alternative
civil
service take measures in order to make him answer according to the
legislation of the Russian Federation;
provide, within their competence, for the observation of provisions of this Federal
Law, take measures in order to realize rights of citizens who are performing
alternative civil service and their social protection.
5. The bodies of local self-government shall participate in organizing alternative civil
service according to this Federal Law.
Article 7. Responsibility of Officials for Violating this Federal Law
Members of Military Draft Commissions, Officials of Federal bodies of state power,
state authorities of the bodies of the Russian Federation, bodies of local selfgovernment and organizations that contribute by their actions, that citizens are
illegally sent to alternative civil service or that citizens dodge alternative civil service
(performance of duties of alternative civil service), and that prevent citizens from
performing their duties of alternative civil service and that do not fulfil duties
connected with organization of alternative civil service and determined by
legislative and other legal regulation acts of the Russian Federation, shall be made
to answer as envisaged by the legislation of the Russian Federation.
Article 8. Financing of Measures Connected with Organization of Alternative Civil
Service
Financing of measures connected with organization of alternative civil service and
granting rights and social guarantees to citizens who are performing alternative civil
service shall be done with the money of the Federal budget, budgets of the bodies
of the Russian Federation, budgets of organizations and non-budget sources in the
order envisaged by the legislation of the Russian Federation.
Article 9. Organization and Performance of Alternative Civil Service at the Time of
Mobilization, Martial Law and at War Time
Organization and performance of alternative civil service at the time of mobilization,
Martial Law, and in war time shall be determined by Federal Constitutional Laws,
Federal laws, and other legal regulation acts of the Russian Federation.
CHAPTER 2. ORGANIZATION OF SENDING CITIZENS TO
ALTERNATIVE CIVIL SERVICE
Article 10. Sending Citizens to Alternative Civil Service
1.Sending citizens to alternative civil service shall comprise the following:
a citizen shall submit an application form on the replacement of military service on
call with alternative civil service;
the application form submitted by a citizen shall be examined at the meeting of the
Military Draft Commission and the Military Draft Commission shall issue a
Resolution on replacing military service on call with alternative civil service for a
citizen or on refusal to replace it;
a citizen shall appear for a medical examination and shall be present at the meeting
of the Military Draft Commission in order to take a decision on sending him to
alternative civil service;
a citizen shall appear before the Military Commissariat and shall receive an
instruction to depart for the place where he will perform alternative civil service.
2. Sending citizens to alternative civil service shall be organized by the Head of the
local self-government body together with the Military Commissioner and shall be
effectuated by the Military Draft Commission according to the Federal Law on
Military Duty and Military Service.
3. Citizens shall be summoned by the Military Commissariat for taking measures
connected with sending of citizens to alternative civil service.
4. The order of sending of citizens to alternative civil service shall be defined by this
Federal Law, other Federal laws, orders of the President of the Russian Federation,
Regulations on the Order of Performing Alternative Civil Service and other legal
regulation acts of the Russian Federation.
5. Citizens who belong to native minorities shall be sent to perform alternative civil
service as defined by the Regulations on the Order of Performing Alternative Civil
Service.
Article 11. Submission by Citizens Application Forms on Replacing Military Service
on Call with Alternative Civil Service
1. Citizens have the right to submit an application form on replacing military service
on call with alternative civil service to the Military Commissariat where they are
registered in military books:
until April, 11—citizens who shall be called to military service in October–December
of the current year;
until October,1—citizens who shall be called to military service in April–June of the
next year.
Citizens who use delays from military service expiration dates of which are due
after the regular call-up to military service is over and if the grounds for the delay
were eliminated before time, shall be entitled to submit application form on
replacing military service on call with alternative civil service after April 1 and
October 1 within 10 days from the day when the grounds for the delay were
eliminated.
Citizens who use delays from call to military service expiration dates of which are
due after April 1, and October 1 but not later than the term of regular call-up to
military service is over shall submit an application form for replacing military service
on call with alternative civil service on common grounds.
Citizens who express their desire to replace military service with alternative civil
service shall give proof that military service contradicts their beliefs or religion.
2. In the application form for replacing military service on call with alternative civil
service, a citizen shall indicate the reasons and circumstances that made him
request alternative civil service.
The following documents shall be enclosed to the application form: autobiography,
characteristics from the place of work or studies of a citizen (for those who are
working (have worked) and/or studying (have studied). A citizens has the right to
attach any other documents to the application form.
In his application form a citizen has the right to indicate individuals who agree to
confirm the truthfulness of his reasons that military service contradicts his beliefs or
religion.
3. The Military Commissariat shall issue a citizen a document that confirms that his
application form is registered.
Article 12. Examination of Citizen's Application Form on Replacing Military Service
on Call with Alternative Civil Service
1. A citizen's Application form for replacing military service on call with alternative
civil service shall be submitted for examination at a meeting of the Military Draft
Commission.
At the meeting a citizen who has submitted an application form on replacing military
service on call with alternative civil service, and individuals who have agreed to
testify that military service contradicts the beliefs and religion of a citizen, shall be
heard.
The Military Draft Commission shall consider citizen's Application forms on
replacing military service on call with alternative civil service only in the presence of
a citizen. The citizen shall be informed about the date and time of the meeting of
the Military Draft Commission beforehand.
2. The Military Draft Commission shall evaluate the reasons of a citizen that military
service contradicts his beliefs and religion on the following grounds:
A Citizen who has submitted an Application form on replacing military service on
call with alternative civil service, and individuals who have agreed to testify that
military service contradicts beliefs and religion of a citizen, shall make speeches at
the Meeting of the Military Draft Commission;
Documents submitted by a citizen shall be analyzed;
Documents that characterize the citizen and that were received by the Military Draft
Commission shall be analyzed;
Individual interviews shall be held with a citizen who has submitted an Application
form for replacing military service on call with alternative civil service; his parents
(other legal representatives), representatives of organizations (teachers of an
educational institution), where he is working (has worked) and/or studying (has
studied); and individuals who have agreed to testify circumstances and reasons
that made the citizen apply for replacement of military service on call with
alternative civil service.
3. Upon the results of examination of the Application form, the Military Draft
Commission shall take a decision to replace military service on call with alternative
civil service for the citizen or to refuse this replacement.
The decision to replace military service on call with alternative civil service for the
citizen or to refuse this replacement shall be taken by the Military Draft Commission
within a period of one month from the expiration date for submitting Application
form to the Military Commissariat as envisaged by paragraph 1 Article 11 of this
Federal Law.
If it is necessary to request additional documents, the term within which the
decision is to be taken may be prolonged by the Chairman of the Military Draft
Commission, but not for more than one month.
The decision shall be taken by the simple majority of votes on the condition that not
less than two thirds of Members of the Military Draft Commission were present and
shall be announced to the citizen in relation to whom the decision was taken.
4. A citizen may be refused to replace military service on call with alternative civil
service on the following grounds:
If the citizen broke the terms and/or the order of submitting the Application form on
replacing military service on call with alternative civil service that are defined by
Article 11 of this Federal Law and Regulations on the Order of Performing
alternative civil service;
If the Military Draft Commission did not consider the reasons of the citizen to be
sufficient to prove that military service contradicts beliefs and religion of a citizen;
If there is false information in the Application form on replacing military service on
call with alternative civil service and in the documents attached to it;
If the citizen was summoned twice at the meeting of the Military Draft Commission
and did not appear without good reason;
If the citizen was given a possibility of performing alternative civil service and he
evaded it.
5. Good reasons that the citizen did not appear at the meeting of the Military Draft
Commission shall be the following if they are confirmed in writing:
illness or injury (mutilation) of a citizen resulted in the loss of ability to work;
grave state of health of Citizen's Father, Mother, wife, son, daughter, brother, sister,
grandfather, grandmother, or a person who adopted him, or if a citizen is present at
a funeral;
other reasons that are considered to be sufficient by the Military Draft Commission.
6. The following documents shall be issued to the citizen in relation to whom the
Military Draft Commission has taken a decision to replace military service on call
with alternative civil service: a copy of resolution, summons where the date of
medical examination is indicated and the date of the meeting of the Military Draft
Commission in order to take a decision on sending him to alternative civil service.
7. The citizen, in respect of whom the Military Draft Commission has taken a
decision to refuse the replacement of military service on call with alternative civil
service shall be called to military service in accordance with the Federal Law on
Military Duty and Military Service.
A copy of the decision of the Military Draft Commission shall be given to a citizen at
his request within 3 days from the day it was adopted.
Article 13. Medical Examination of the Citizen and Adoption of a Decision to Send
Him to Alternative Service
1. The citizen, in relation to whom the Military Draft Commission has taken a
decision to replace military service on call with alternative civil service, shall have a
medical examination within the terms fixed by the Military Commissariat and shall
appear at a meeting of the Military Draft Commission in order to decide the
question of sending him to alternative civil service.
2. Medical Examination of the citizens who are to be sent to alternative civil service
shall be made in the order foreseen by the Federal Law on Military Duty and
Military Service for citizens who are to be called to military service.
3. The Decision on sending a citizen to alternative civil service shall be taken by the
Military Draft Commission in accordance with the decision to replace military
service on call with alternative civil service if there are no reasons for release from
or delay in calling to military service.
The decision to send a citizen to alternative civil service may be taken only when
the citizen has reached the age of 18 years old.
4. In the case in which a citizen does not appear at the meeting of the Military Draft
Commission without good reasons defined by paragraph 5 Article 12 of this Federal
Law, the citizen shall be called to military service according to the Federal Law on
Military Duty and Military Service.
Article 14. Sending of Citizens to the Place of Performing Alternative Civil Service
1. The citizen shall be sent to the place of performing alternative civil service by the
Military Commissioner according to the plan of a specially authorized Federal body
of executive power.
2. A citizen who is sent to perform alternative civil service shall come to the Military
Commissariat on the date indicated in the summons of the Military Commissariat
and shall receive instructions in order to depart for the place of performing
alternative civil service.
The citizen shall depart for the place of performing alternative civil service and
arrive at it within the terms indicated in the instruction.
Article 15. Settlement of Disputes Connected with Sending of Citizens to Alternative
Civil Service
The decision of the Military Draft Commission to refuse the replacement of military
service on call with alternative civil service may be appealed by the citizen in court
in the order envisaged by the legislation of the Russian Federation.
CHAPTER 3. PERFORMANCE OF ALTERNATIVE CIVIL SERVICE
Article 16. The Order of Performing Alternative Civil Service
1. The order of performing alternative civil service is defined by this Federal law,
other Federal laws, the Regulations on the Order of Performing Alternative Civil
Service and other legal regulation acts of the Russian Federation.
2. The employer to whom a citizen has arrived from the Military Commissariat to
perform alternative civil service shall conclude a fixed-term labor contract with him
for the period of performing alternative civil service in this organization and give
within three days an appropriate notice to the Military Commissariat that has sent
the citizen to perform alternative civil service, as well as to the Federal body of
executive power or the executive authority of the body of the Russian Federation
this organization is subordinated to.
3. On the grounds and in the order determined by the Regulations on the Order of
Performing Alternative Civil Service, the citizen performing the alternative civil
service is transferred to another organization, where the performance of the
alternative civil service is envisaged.
4. Upon the decision of the Federal bodies of executive power or the executive
authorities of the body of the Russian Federation within their competence, the
citizens performing alternative civil service in the organizations subordinated to
these bodies can be enlisted to eliminate the effects of natural disasters,
catastrophes or other emergency cases on the territory of the Russian Federation.
Article 17. The Leave of the Citizen, who is performing the Alternative Civil Service
1. The organization where the citizen is performing alternative civil service grants
leaves in the order established by the Labor Code of the Russian Federation.
2. The duration of the annual paid leave and unpaid leave shall increase by the
number of days needed for a return travel to the place, where the citizen spends his
leave.
CHAPTER 4. RIGHTS, DUTIES, AND RESPONSIBILITY OF CITIZENS WHO
ARE PERFORMING ALTERNATIVE CIVIL SERVICE
Article 18. The Status of the Citizens Who Are Performing Alternative Civil Service
1. The status of citizens who are performing alternative civil service is a collection
of rights and liberties guaranteed by the State as well as of their duties and the
responsibility established by Federal constitutional laws, this Federal law, Federal
laws and other legal regulation acts of the Russian Federation.
2. Citizens acquire the status of individuals performing alternative civil service with
the beginning of alternative civil service and lose it with the ending of alternative
civil service.
3. In the order determined by the Regulations on the Order of Performing
Alternative Civil Service, documents confirming the performance of alternative civil
service shall be issued to the citizens performing alternative civil service.
Article 19. Rights of the Citizens Who are Performing Alternative Civil Service,
Privileges, Guarantees and Compensations Granted to Them
1. The citizens performing alternative civil service have the human and civil rights
and liberties with some restrictions established by Federal Constitutional laws, this
Federal law and Federal laws.
The citizens performing alternative civil service are granted privileges, guarantees
and compensations owning to the special mode of their labor activity.
2. The period of performing alternative civil service is included in the total and
continuous record of service and the professional record of service.
The period of performing alternative civil service in the country's extreme north or
areas equated to it as well as in areas with local salary coefficients and rated
increases is included in the record of service acquired in these areas.
The period of performing alternative civil service at positions and by occupations
related to the execution of hard work and work with harmful and dangerous work
conditions is included in the record of service and gives the right to receive
privileges and compensations for work under these conditions in the order
established by the legislation of the Russian Federation.
3. The citizen who is performing alternative civil service keeps the housing space
he has occupied before being sent to the alternative civil service. He can not be
excluded from the list of people who need better housing.
4. Within three months after the discharge from alternative civil service the citizen,
who has worked in state and municipal organizations before being sent to
alternative civil service, reserves the right to be employed at the same organization
at the same position or at another equal position (if the first one is absent) at the
same or at another organization if the employee gives his consent to it.
5. After discharge from alternative civil service the citizen sent to perform the
alternative civil service at the time of his studies at an educational institution
reserves the right to be put on the students' list at the same educational institution
and to enter the same year where he has been studying before being sent to
alternative civil service.
6. At non-working time the citizens performing alternative civil service are entitled
to study at educational institutions part-time or by correspondence.
The citizens mentioned in this clause are granted guarantees and compensations
envisaged by the Labor Code of the Russian Federation for part-time students.
Nevertheless, they cannot be assigned a decreased working week (decreased
working time).
7. The right to health protection and medical aid is secured for the citizens
performing alternative civil service.
Medical aid is rendered to the citizens performing alternative civil service at state or
municipal medical institutions at the place of performing alternative civil service.
8. The citizens performing alternative civil service are entitled to free travel by rail,
air, water, and motor (except for taxi) to the place of performing alternative civil
service because of the transfer to a new place of performing the alternative civil
service, to a free return travel to the place of residence where they spend their
annual paid leaves (once a year), to a free travel to the place of residence after the
discharge from alternative civil service.
In the order determined by the Government of the Russian Federation, the
expenditures connected with the citizens' right to a free travel to the place of
performing alternative civil service, not excluding the transfer to a new place of
performing the alternative civil service and to the place of residence after the
discharge from alternative civil service, shall be paid from the Federal Budget.
In the order determined by the Government of the Russian Federation the employer
bears expenditure connected with the right of the citizens who are performing
alternative civil service to a free return travel to the place of residence where they
spend their annual paid leaves.
Article 20. Work and Payment Conditions, Social Insurance and Pension Provision
of Citizens, who are Performing Alternative Civil Service
1. The working time of the citizens who are performing alternative civil service
have labor protection regulations, safety standards and industrial sanitation rules
laid down in accordance with the labor legislation and other legal regulation acts
containing labor law standards.
The citizen shall fulfil his labor duties without limitation of the total weekly working
time when he is taking part in activities the list of which is defined by the Head of
the Federal body of executive power or by the Head of the executive authority of
the body of the Russian Federation the organization, where the citizen is
performing alternative civil service, is subordinated to. The order and conditions of
granting a leave to compensate the citizen his participation in the activities
mentioned above are determined by the order of performing alternative civil
service.
2. The work of the citizen who is performing alternative civil service is paid by the
organization in accordance with the internal scale of payment.
3. The organizations where the performance of alternative civil service is
envisaged provide the citizens with accommodation if they are performing
alternative civil service outside the area of their permanent residence.
The citizens who are performing the alternative civil service at the organizations of
the Armed Forces of the Russian Federation, other troops and military formations
shall not be accommodated together with the soldiers performing military service on
call.
4. Provision with special clothes and any material support of the citizens who are
performing alternative civil service shall be carried out by the organizations in the
order, according to the standards and on the terms established by the legislation of
the Russian Federation for a certain kind of work.
5. In accordance with the legislation of the Russian Federation and other legal
regulations acts of the Russian Federation, the citizens who are performing
alternative civil service shall be socially insured and provided with a pension in
case of disability by the State.
Article 21. Duties of the Citizens Who Are Performing Alternative Civil Service, and
Limitation of their Rights and Liberties
1. The citizens who are performing alternative civil service shall:
observe the Constitution of the Russian Federation, Federal Constitutional laws
and Federal laws, meet the requirements established by this Federal law, the
Regulations on the Order of Performing Alternative Civil Service, rules established
by the departmental by-laws and Regulations on discipline or by internal labor
regulations valid at the place of performing alternative civil service;
depart for the place of the performing alternative civil service and arrive there on
the terms mentioned in the order;
observe labor discipline, conscientiously fulfil labor duties imposed on them
according to the labor contract.
2. The citizens who are performing alternative civil service are not entitled:
to deny the conclusion of the labor contract as well as the fulfilment of the labor
duties imposed on them according to the labor contract;
to fill a managing position;
to take part in strikes and other forms of suspending the organization's activity;
to combine alternative civil service with work for other organizations as well as to
practice any other paid activity;
to carry on business personally or via trustees as well as to render assistance to
any natural and juridical persons in their business, to acquire payment for it and to
enjoy privileges;
to leave without the consent of the employer's representative the location of the
organization where they are performing the alternative civil service;
to terminate (cancel) the fixed-term labor contract by their own wish;
to leave the work place and the organization where they are performing alternative
civil service during the working time established by the internal labor regulations
and the shift schedule.
Article 22. The Responsibility of the Citizens Who Are performing the Alternative
Civil Service
The citizens performing the alternative civil service bear disciplinary, administrative,
material, civil and criminal responsibility in accordance with the legislation of the
Russian Federation with view to the peculiarities related to performance of
alternative civil service.
CHAPTER 5. DISCHARGE FROM ALTERNATIVE CIVIL SERVICE
Article 23. The Grounds and Order for Discharge from Alternative Civil Service
1. The grounds upon which the citizen shall be discharged from alternative civil
service shall be:
a) the term of alternative civil service has expired;
b) the Military Medical Commission has considered the citizen to be unfit for military
service or partially fit for military service;
c) the citizen performs the duties of a member of the Federation Council of the
Federal Assembly of the Russian Federation, if a citizen is elected to be deputy of
the State Duma of the Federal Assembly of the Russian Federation, deputy of the
legislative (representative) state authority of the body of the Russian Federation,
Head of the executive authority of state power of the body of the Russian
Federation, deputy of representative bodies of local self-government, chief of
municipal formation and if he performs permanently the abovementioned powers;
d) if the Judgement of the Court on punishment in the form of deprivation of liberty
of a citizen has entered into force.
2. The citizen has a right to be discharged before time from alternative civil service
if there are grounds permitting the citizen who has no military rank of an Officer and
who is performing military service on call to be discharged from military service
before time in accordance with the Federal Law on Military Duty and Military
Service.
3. The order of discharging a citizen from alternative civil service shall be
determined by this Federal Law and Regulations on the Order of performing
alternative civil service.
4. The decision to discharge a citizen from alternative civil service shall be taken by
Officials appointed by the Head of the Federal body of executive power or by the
Head of executive authority of the body of the Russian Federation that have
subordinate organization where the citizen is performing alternative civil service.
The decision taken by an Official of the Federal body of executive power or by an
Official of executive authority of the body of the Russian Federation shall be a
ground for termination by the employer of a fixed term labor contract with a citizen
who is performing alternative civil service.
5. After the fixed term labor contract was terminated with the citizen who is
performing alternative civil service, the employer shall inform within three days the
Federal body of executive power or executive authority of the body of the Russian
Federation that have a subordinate organization.
Article 24. Enrollment of a Citizen who has Performed Alternative Civil Service into
Reserve
1. Citizens who have performed alternative civil service shall be enrolled into
reserve of the Armed Forces of the Russian Federation.
2. Citizens who have performed alternative civil service shall not be called to
military training camps.
3. A citizen who has performed alternative civil service may be enlisted in the order
envisaged by the Government of the Russian Federation for carrying out jobs
connected with liquidation of natural disasters, catastrophes and other emergency
situations on the territory of the Russian Federation for the term not more than
twelve months of the whole period of being in reserve with reservation of their
working place.
The duration of each enlistment shall not exceed two months.
CHAPTER 6. CLOSING PROVISION
Article 25. Entry into Force of this Federal Law
This Federal Law shall enter into force from January 1, 2004.
President of the Russian Federation