ON ALTERNATIVE CIVIL SERVICE
C. G. Maslyuk
The right of a citizen to alternative civil service is endorsed by the Constitution of the Russian
Federation. This right is determined in its most general form in cases in which "…military service
contradicts his beliefs and religion and in cases defined by the Federal Law." It requires
elaboration and securing the mechanism of realization of a constitutional norm.
The first draft of the relevant legislative act was made in 1994 and it contained several liberal
provisions that were borrowed from laws of foreign countries. However, the State Duma
subsequently removed the provisions from the agenda. The new draft law interpreted the service
not in civilian but in military terms (military construction, military medical, etc.). By spring 2002, five
draft laws had been submitted to the State Duma for consideration. The final draft law was formally
adopted in April 2002.
The law defines alternative civil service as a special type of labour activity undertaken by civilians
in the interest of both society and the state. Civil service represents an alternative to military
service. The draft law endorsing civil service regulates the order and rules of its organization and
operation. According to international practice, citizens performing non military service are obliged
to serve a longer term than citzens performing military service. Citizens can perform alternative
forms of civil service either on the territory of their permanent residence or outside its boundaries,
individually or in groups. The practice of allocating alternative forms of civil service to citizens is in
accordance with the standards of the Human Rights Commission of the United Nations. In the
official report of the UNHRC, the Commission indicated the citizen’s right of 'refusal of military
service because of considerations of conscience.' This means that ‘individuals who refuse military
service shall present evidence that their beliefs are serious and fully grounded'.
Without mentioning the specific provisions of the draft law, it is worth mentioning that if it is
adopted, it will a create a legal basis for the realization of the rights and freedoms of citizens and
expand the possible forms of executing their duties before the state. However, it is desirable that
the right of alternative service is to be brought into correlation with the Constitutional duties and
obligations of a citizen to defend the motherland. The problem remains unsolved in that at the time
of Martial Law and during wartime this service shall be determined by law and other legal acts
which do not presently exist.
The humanitarian significance of this document is connected with the object that it envisages, i.e.,
the right to alternative civil service for native minorities who engage in a traditional way of life. In
such cases, citizens participating in non military service are sent to alternative civil service
establishments and organizations in branches of traditional economy and trade.
The legalization of alternative civil service should relieve a certain tension in society which
becomes acute,at every call-up to military service. It should also improve military and civil relations
and the social and psychological atmosphere of the military. Some reticence of the draft law and
now disputable provisions may be specified in Regulations on the Order of performing alternative
civil service and other legal regulation acts that are envisaged in this law.