Deferment from the army in a year. How to get a deferment from military service: list of reasons and procedure for granting

As graduation approaches, young people and their parents are thinking about joining the army. But today, not in every situation and not in all educational institutions, a deferment from the army is granted. What are the legal ways to obtain a draft deferment under current laws?

1.​ For studies

Deferment from the army for studying at a technical school/college after 9th grade

In accordance with the regulations of the Russian Federation, at the beginning of college education after the 9th grade, a young man is given a deferment from the army for the duration of his studies, but only until the student reaches the age of 20 years. As a rule, training in such educational institutions lasts 3-4 years. Considering that in most cases a young person finishes 9th grade at 15-16 years old, such a delay is just enough to graduate from a technical school/college.

Deferment from the army when entering college/technical school after 11th grade

If a young man enters a college/technical school after 11th grade, he is given a deferment for the entire duration of his studies only if the young man turns 18 in his last year of college/technical school (no matter how ridiculous it may seem, this is written in the regulatory document). Deputies drew attention to this absurd article of the law and introduced an amendment to the law. However, the law with this amendment will come into force only at the beginning of 2017. Yes, from this date, when entering college after 11th grade, a deferment will be given to students until the end of their studies, but this awaits only young men entering in 2017.

Deferment from the army after 11th grade when entering a university

A couple of years ago, young men who had just graduated from school and had already reached the age of 18 immediately came to the attention of military commissariats who wanted to fulfill the conscription plan. The certificate has been handed over - the young man is no longer a schoolboy, but not yet a student - there are still 2-3 months before admission and the order to enroll in a university. Often young people were taken to serve in the army without the opportunity to enter a university/institute, which is naturally wrong. To avoid repetition of such stories, a deferment was introduced for school graduates, valid until October 1 of the year of graduation (the so-called deferment from the army after 11th grade when entering a university). By October 1, all graduates admitted to institutes will officially have student status and a corresponding deferment from the army (more on this later).

Deferment from the army after college when entering college/university/university

According to the law, a deferment from the army for studying at a technical school/college/institute/university is granted to a conscript only once. There are exceptions (a second deferment from the army for studies), but they do not apply to this case. Exceptions include the case of entering a master's program after a bachelor's degree and studying in graduate school. Therefore, the post-college military deferment does not work if a college deferment was granted.

Deferment from the army at an institute / university / university

Conditions for granting deferment:

• the young man enters university for the first time;
• enters after school;
• enters a bachelor's or specialist's training program.

In this regard, admission to college for a second higher education does not provide a deferment.

Deferment from the army when entering a master's program after a bachelor's degree in 2016

First case. Master's degree after bachelor's degree. If students continue their studies for a master's degree after a bachelor's degree, they are granted a deferment from the army. The main thing here is to express your intention to enroll in a master’s program in advance, go through the administrative procedures required at a particular university, and provide all the necessary documents.

Second case. Master's degree after specialty - deferment is not provided.

Postgraduate studies

Admission to graduate school always provides a full deferment from the army, regardless of previously granted deferments. For the entire duration of study plus 1 year to defend the final work (in total 3-4 years). As a rule, by the end of graduate school the young man reaches the age of 27, and therefore will receive an exemption from conscription into the army. If you have not yet turned 27 years old, then those who have successfully defended their dissertation - young candidates of science - are also exempt from conscription service.

Please note that correspondence graduate school does not provide any deferment from the army, like any other distance learning.

Important!
Which educational institutions provide a deferment from the army?

To provide students with a deferment, the educational institution must be accredited by the state and have the appropriate certificate.

Is there a deferment from the army for distance learning?

All deferments discussed in this article apply only to full-time students. Therefore, for distance learning, the military deferment does not apply.

Academic leave, transfer to another university, reinstatement, re-entry

If a student takes an academic leave during his studies, the deferment continues to apply - good news for all students. It is important that academic leave is formalized in accordance with all the rules; as a rule, the reason may be health or family circumstances. Typically, such leave is granted for a period of 12 months. If a young man is transferred to another specialty within one university or to another institute, the deferment from the army will continue to apply if the time of study increases by a maximum of 1 year.

2.​ Deferment from the army for family and other reasons:

2.1. ​ In order to not be drafted into the army as a father, you must have two children or one child and a pregnant wife at 26 weeks of pregnancy. Having one child is grounds for exemption only if the child is not more than three years old and is disabled. Fathers who raise children independently, without a mother, are also not subject to conscription. This independence must be confirmed by documents: on deprivation of maternal rights, death of the mother or her incapacity

2.2. ​ ​ If a young man has an incapacitated family member and he is the only breadwinner in the family, then he is given a legal deferment from the army so that he can care for and support his relatives, mother, grandmother, etc.

2.3.​ ​ If a young man has a disease and a medical document confirming the disease, and the disease is included in the list giving the right to exemption from service Hyperlink to the Decree of the Government of the Russian Federation of July 4, 2013 N 565. Provide a certified copy of the medical certificate to the military registration and enlistment office, and keep the originals with you, since draft commissions often lose these important documents

2.4.​ ​ If a person is suicidal (suicide)

2.5.​ ​ A dubious way to avoid military service is still a criminal record. Criminals are not welcome in the army. The only exceptions are young people convicted under articles of the Criminal Code, which require expungement of a criminal record after a few years. If this happens before reaching 27 years of age, the young man will be fit for military service.

3. In connection with work activities

3.1. ​ A deferment is given by serving in law enforcement agencies, that is, the Ministry of Internal Affairs, drug control, the Ministry of Emergency Situations, Penitentiary Institutions, customs, etc. However, such a deferment is not provided to everyone, but only to those who have the appropriate specialized education. Most often, such privileges are enjoyed by holders of a law or customs diploma who are employed by government agencies in their specialty.

3.2. ​ Employees of state and municipal authorities. To do this, the young man must go to work in the executive authorities or be elected as a deputy to the legislative bodies of any hierarchy - from the State Duma of the Russian Federation and the corresponding legislative bodies of the constituent entities of the Russian Federation. The start date of the postponement in this case is the date of announcement of the election results.

3.3. ​ Enter alternative service for the benefit of the Motherland. You can pass it if your religion or beliefs do not allow you to serve.

Some young men avoid conscription by being “on the run” and trying not to receive a summons to the military registration and enlistment office at all. After all, until he has signed for receipt of the summons, he has nowhere to appear. But military registration and enlistment offices are also very inventive and find ways to catch potential conscripts.

Attempts by conscripts to illegally evade military service are prosecuted by law. However, the chances of postponing military service for a long time are quite high for everyone. According to statistics, among all citizens subject to conscription, almost 50% can receive an official deferment. In order for a military lawyer to most effectively advise you on this issue, the conscript will need to understand the topic of the consultation. To do this, we will consider the possibilities of obtaining a deferment.

Articles 23 and 24 of Section 6 of the federal law “Military Duty and Military Service” (regulates the procedure for conscription and military service in our country) contain a description of cases in which one is exempt from military service or receives a deferment. The full and current text of the law is available on the official Internet portal of legal information http://pravo.gov.ru. The last update to the law was in June 2014, it concerned some cases in which a deferment or exemption was granted. A list of valid cases is provided below.

A person who, according to the laws of the state, is subject to conscription for military service in the Armed Forces.

Many conscripts do not distinguish between deferment and exemption from conscription, but at the legislative level these concepts differ.

Upon RELEASE, the citizen is enlisted in the reserve, never again subject to conscription and receives a military ID as an ordinary reserve. Under the current law, this is an irreversible process.

Exemptions include:

Exemption for health reasons
Exemption due to already completed military service
Release due to assignment to alternative public service
Exemption due to public service in another state (if provided for by international treaties of the Russian Federation)
Exemption due to the conscript having a PhD degree
Exemption in the case where the conscript is the son or brother of a serviceman who died while performing conscription service
Release in the case when a citizen is serving a sentence for crimes committed, has an outstanding criminal record, or a criminal case has been initiated against him

As you can see, the reasons for the release are quite compelling and specific. Let's consider the reasons for deferment from service.

In case of DELAY, the citizen remains a conscript and in his hands remains the document “Certificate of a citizen subject to conscription for military service.” During the period of validity of this certificate, the conscript is not subject to conscription, and upon expiration, he is subject to the general rules. The number of deferments obtained in this way is not limited by law. The deferment is valid as long as there are legal grounds for it or as long as the validity of the certificate lasts. Some deferments, in order to continue their validity, require the monthly presentation of documents (which depends on the reason for the deferment) to the military registration and enlistment office to confirm the grounds.

Attention: granting a deferment instead of exemption from conscription is one of the ways of illegal conscription.

Deferments include:

Deferment due to temporary unfitness of a citizen for military service
Deferment of care for a relative who needs constant care (assistance, supervision) in the absence of other relatives officially obliged to provide care (actual family relationships are not taken into account)
Deferment due to the conscript having two children, as well as single fathers
Deferment due to the conscript having a disabled child under three years of age
Deferment for conscripts with a child and a pregnant wife for more than 26 weeks (provided only if there is an official marriage);
Deferment for work in civil service bodies if the conscript has a special education and when entering the government immediately after graduating from an educational institution
Respite for deputies exercising their powers on a permanent basis, as well as candidates for deputies
Study deferment. Attention: Deferment for second higher education and distance learning is not provided; Postgraduate students cannot take academic leave; they can defend a dissertation for no more than one year, but the number of postgraduate courses is not limited.

To receive a deferment, a student needs a certificate in accordance with Appendix No. 2 to this List; (Appendix No. 32 to the Instructions (clause 39) of Order of the Ministry of Defense of the Russian Federation No. 400);

To obtain a deferment at the end of 11th grade, a certificate of Unified State Examination results and a Certificate are required;
To obtain a deferment for studies at a college, technical school or college, you will need a certificate in accordance with Appendix No. 2 to this List; (Appendix No. 32 to the Instructions (clause 39) of Order of the Ministry of Defense of the Russian Federation No. 400);
To receive a deferment, a university student will need a certificate in accordance with Appendix No. 2 to this List; (Appendix No. 32 to the Instructions (clause 39) of Order of the Ministry of Defense of the Russian Federation No. 400);

To obtain a deferment for postgraduate studies you will need:

1.Diploma of higher professional education;
2. A certificate in accordance with Appendix No. 2 to this List, signed by the head or deputy head of an educational or scientific institution, which indicates the date and number of the order for his enrollment in graduate school (postgraduate study, internship) of the educational or scientific institution and the date of completion of the training program and qualification defense work. The certificate is certified by the seal of an educational or scientific institution;
3. A copy of the license to conduct educational activities under educational programs of postgraduate professional education - for scientific institutions;

A military lawyer can advise you on issues that interest you and also help you prepare the documents necessary to obtain an exemption or deferment.

It should also be remembered that a second deferment from the army is granted in three cases:

1. The first deferment was received upon completion of secondary education (at the end of 11 grades). The second can be used to enter a university;
2. The first deferment was received upon admission to a bachelor's degree, the second can be used for admission to a master's degree;
3. The number of deferments for postgraduate studies is unlimited. In other cases, there is only one right to deferment.

We rarely take care of important issues in advance, so it is not surprising that as conscription age approaches, we frantically begin to look for ways to defer. The less time remains before the decisive hour, the better not to waste it and seek military legal advice as soon as possible. Experience shows that general practice lawyers are often not aware of all the details and features of the conscription process; it is more difficult for them to navigate and determine the correct direction of the conscript’s actions. Make a list of questions to ask your military lawyer. This will help him quickly understand your situation and determine a plan for further action to collect and prepare documents for applying for a deferment.

Every young man who has reached the age of 18 and has no contraindications for health reasons is subject to conscription for military service.

Young people who have not reached the age of majority plan to continue their education after graduating from school and serve the country after receiving higher education. Many are trying to hide from the army, while others are looking for legal ways to postpone visiting the military registration and enlistment office.

Business first, service later

How to legally obtain a deferment from the army? There are several options that involve postponing the service:

• getting an education;
• related work;
• family circumstances;
• unsatisfactory medical indicators.

How to Avoid Conscription

When adulthood has already arrived, but the basic school program has not yet been completed, the first deferment from the army is granted, allowing you to receive secondary education. In this case, the student is subject to the next conscription, but he is given the opportunity to enroll in a higher education institution (HEI) that provides a full-time study program.

If the reception is successful, the conscript may receive a second deferment from the army until he completes his studies.

Studying by correspondence does not offer benefits, so it is useless to waste time on this option; in this case, military service cannot be avoided. Admission to secondary specialized educational institutions (SSUZ) also does not give the right to a second deferment.

SSUZ

When entering a college or technical school, a student, if he has already reached the age of majority, is given only one opportunity to receive a deferment until he completes his studies and reaches the age of 20 years. It is believed that if a citizen has already exercised the right to education, he can repay the debt to the state.

Deferment from the army after college is not allowed for subsequent admissions, be it any other secondary school or university.

University

When entering an institute that has state accreditation, a deferment is given for the first and second time, if the previous use was at school. Service is postponed until graduation.

If a student is expelled before the deadline for graduation from the university, there are no grounds for further deferment. Those who have not completed their training go to serve in the next conscription.

Postgraduate, residency and internship

These groups have the most privileges. In these options, it does not matter how many deferments from the army the student previously received. Graduate students, interns and residency students use the deferment without any restrictions, including age, throughout the entire period of study. Time is given to defend the dissertation, which also delays entry into military service, but the deadline for submitting it cannot be more than one year after graduation.

The deferment from the army for training is extended for the duration of one academic leave if he delays completing his studies for a period of less than 1 year, when transferring from one university to another, or to another specialty. Educational institutions must be accredited.

Design nuances

There are some features of applying for a deferment for military service due to training. Students at different educational institutions are entitled to different numbers of deferments:

• graduate school, internship, residency - no more than three times until the end of study and defense of the dissertation;
• University – 2 times;
• Secondary school - 1 time.

A deferment is denied if:

• the educational institution does not have state accreditation;
• the student studies part-time or in the evening;
• higher education is obtained for the second time;
• when entering a master's program after a bachelor's degree more than 1 year later;
• the student is expelled from the educational institution by order of the management.

To get the opportunity to study, you must provide the following documents to the military registration and enlistment office:

• conscript's identity card;
• confirmation of the fact of study (certificate from a university, school, technical school, college);
• diploma (for those continuing their studies in graduate school, residency or internship);
• confirmation of accreditation (copy of license certified by the educational institution);
• certificate of successful completion of a medical examination.

Note!

Studying at a foreign educational institution does not entitle you to receive benefits. To defer, state accreditation is required under the laws of the Russian Federation, therefore foreign universities are not suitable for this criterion.

Positions and activities

Employees of the Ministry of Internal Affairs, fire services, customs, etc. have the legal right to defer military service. Citizens working in these institutions are exempt from military service for the entire period of their duties.

Also, the right to benefits is granted upon entry into parliamentary positions. If the activity is carried out on a permanent basis, then the civil servant is exempt from military service for the entire term of office. A citizen must provide the draft commission with documents confirming his legal capacity in government bodies and powers.

When elected to power, a candidate also has the right to receive benefits provided for the entire election period. To register, you must provide documents confirming your registration for election to the above-mentioned bodies.

Family and caring for disabled relatives

There are many different ways to obtain temporary legal aid related to loved ones.

You can exercise the right when a conscript:

• provides care for loved ones or relatives (parents, wife, brothers, sisters, etc.) who need continuous supervision for medical reasons, but only if there are no other persons who are also assigned this responsibility;
• appointed as a trustee or guardian of close relatives who, by law, must be supported financially;
• independently raises a child under 14 years of age;
• is the father of two or more children or has a minor child and a pregnant spouse who is more than 26 weeks pregnant;
• is raising a disabled child under three years of age;

To receive a deferment from the army due to caring for relatives, you must send the following documents to the draft commission:

• birth certificate (COP);
• a certificate from the passport department indicating all family members;
• birth certificates and copies of passports of persons being cared for;
• a certificate with medical information confirming the need of loved ones/relatives for constant care;
• a copy of the document confirming adoption (if the citizen was adopted).

When raising a young child independently without a mother:

• a document listing family members;
• child's SOP;
• confirmation of cohabitation with a minor child.

If you have two or more children, you must prove your paternity or guardianship to take advantage of the benefit. For registration, you will need the same documents as in the previous case, and when raising a disabled child, you will also need a medical report diagnosing the disease according to which the disability is established.

If there is a young child and a wife who is in late pregnancy, the right is granted for the period of pregnancy. To do this you will need to present:

• document confirming marriage registration;
• SOP of an existing child;
• a document issued by a medical institution confirming the duration of pregnancy.

Naturally, if the pregnancy is successful, a right appears that is valid in the presence of two children.

In all cases of release, a medical examination is required.

Health

If the doctors’ conclusion shows that the citizen is temporarily unfit for service, he is obliged to undergo a medical examination after 6 months or within the period specified in the documents. The same situation arises when, during a conscription campaign, hospital treatment or surgery is necessary to restore health.

In all cases of using the benefit, remember that government policy is aimed at identifying young people who need to be prepared to perform duties in the event of military conflicts. Intentional evasion of service entails criminal liability.

Employers do not have high hopes for employees who can be drafted into the army at any time; turning to credit organizations is also problematic if a citizen has not fulfilled his military duty. Currently, the service life is 1 year - the period is short and will fly by unnoticed, so you should not completely postpone its completion unless absolutely necessary.

All conscripts who are studying in secondary and higher educational institutions are entitled to a deferment from the army for studies in 2016. This makes it possible to obtain the required level of education, and only then repay the “debt to the Motherland.” Only full-time (full-time) students, graduate students and other research workers can receive a deferment.

Study deferment for university students.

Every university student has the right to a deferment from the army until the end of their studies. He can take advantage of this right even if he has already used the deferment before.
When receiving a 2nd higher education, deferments are not provided. But when continuing their studies in graduate school or master's degree, conscripts are not drafted into the army. It is worth noting that students in residency or internship may not join the army.
Anyone who is defending a dissertation can also postpone their service. But candidates for Doctor of Sciences are completely exempt from military service.
It must be remembered that even after training you can count on a deferment from the military registration and enlistment office. But its period cannot be more than 1 year.

When is the military deferment valid?

Even if you interrupt your studies, you can count on maintaining the granted deferment. According to the law, this privilege remains at the moment:

• transfer to another faculty;
• academic leave;
• transfer to another institution;
• reinstatement to study.

Moreover, if you were expelled due to poor academic performance, then you will definitely have to join the army.

Remember that to apply for any deferments you must undergo a medical examination. After all, all citizens who are declared unfit for military service are not automatically affected by this measure.

Each deferment is documented. To receive it, you need to provide to the military registration and enlistment office:

• a copy of the educational institution's license;
• diploma of education;
• certificate from the educational institution.

All necessary legal procedures should be completed in a timely manner, otherwise problems may arise. In practice, there are cases when, due to legal nuances, future students were sent to serve.

What should college and technical school students do?

For such students, a deferment is provided only if they enroll in studies after 9th grade. All eleventh-graders who do not enter the “tower” are subject to conscription.

And if you are over 20 years old, then you can be called up regardless of whether you have completed your studies or not. But such difficulties will not remain in legislation forever. In 2017, it is planned to introduce a number of amendments that will equalize the rights of all students.

In all colleges and technical schools, deferment is provided only during the period of study. Without valid reasons, her term cannot be extended.

And if you have already taken advantage of the deferment when entering a secondary specialized institution, then you should not count on such a relaxation anymore. Even if you want to continue your education, you will have to join the army. After all, this measure is a one-time thing.

To get a deferment from study service in 2016, you should find out all the legislative nuances in advance. If you fail to take the proper initiative, you may lose your rights due to you by law.