Will a retired mother be drafted into the army? How to be exempt from conscription if parents are pensioners? Conscription and release for family reasons

Hello. Dmitriy! I am absolutely sure that you are not entitled to a deferment from the army. Even if your dad's disability group is changed from third to second. Why am I so sure of this?

First, even though your parents are retirees, they are likely to be self-supporting and possibly healthy. After all, you will not argue that any woman or any man of retirement age automatically becomes weak and infirm. Even considering the fact that your dad is sick and he has a third disability group, this does not mean that he is not able to serve himself and therefore needs outside care. The third group of disability, however, like the second, can be assigned to a person with a variety of diseases. And not all of them lead a person to weakness. Therefore, even if your dad's disability group is changed from third to second, a deferment from the army "does not shine" for you.

Secondly, even assuming that your parents were so sick that they would need outside care, then if they had three daughters (even if two of them live abroad), you would still be drafted into the army. Because, the postponement would be given only if you were their only child, and besides you there would be no one else to take care of sick and elderly parents. The fact that two sisters live abroad and the third has a family of her own and is pregnant does not change anything. According to the law, all three daughters are the same children of their parents and will be required by law to take care of them, regardless of the fact that you are drafted into the army or, despite other circumstances.

Deferment from the army, based on family circumstances, is indeed provided, but you do not fall under these conditions. In order not to be unfounded, I recommend that you carefully read the information at the following link: http://pravomer.info/otsrochka.php

As you can see, in addition to deferrals for family reasons, the law also provides for other types of deferrals: deferrals related to study, health, and work. Read this article carefully and perhaps you will find for yourself some other circumstances under which you could count on a deferment from the army.

Also, more recent information (dated March 29, 2014) about the deferment from the army is published on the RIA-Novosti website at the following link: http://ria.ru/infografika/20131115/979471606.html

So, in order to avoid the army, you need to either have time to give birth to two children, or enter a university, or become a deputy, or seriously spoil your health. Do you really need all this?

In what cases are they taken into the army if the parents are pensioners?

In itself, the retirement age of relatives does not exempt from military duty. If the mother or father of the conscript remains capable and does not need constant supervision, then the young man can be called up for military service. The decision to call up will depend only on whether the young man has other reasons for exempting him from service. For example, health problems.

Expert opinion

A military ID is a military registration document that is required for students who have lost the right to deferment, as well as for all young people when applying for a job or obtaining a passport and driver's license. Find out if you have reasons to receive this document without military service on the "" page.

Ekaterina Mikheeva, head of the legal department of the Assistance Service for Conscripts

Although it will not be possible to be released from military service, conscripts can take advantage of another privilege - to stay to serve close to home. They will be able to spend the next, albeit rare, “dismissal” with their loved ones.

The opportunity to serve near the house is provided for by Order of the Minister of Defense No. 400. The document states that “conscripts” with elderly parents are sent to military units near their place of residence. True, there is a caveat in the text:if possible.

Based on my experience in the Conscript Assistance Service, I want to warn you: the distribution of recruits depends on several conditions. The place of service is influenced by the category of suitability, the results of psychological selection and the availability of vacancies in the unit.To get into the military unit near the house, you need to match each of these factors.

Such a combination of circumstances is rare, so few conscripts can use the right provided by the Order of the Minister of Defense. If you still decide to take the opportunity, prepare documents that confirm the age of your relatives and your family ties: copies of your passport, birth certificate, etc.

How to be exempt from conscription if parents are pensioners?

Above, I said that young people whose mom and dad are pensioners are not exempt from military duty. But there are situations when these young mencan get a deferment and forget about the call for a while.

A deferment is granted if:

  1. mother (father) needs constant help due to health and is not fully supported by the state,
  2. the son is the only person who can care for the sick person (there are no other close relatives).

For the law, everyone is equal, everyone is required to go through a stage of military service in their lives, with the exception of some categories of citizens who are not called up or are given a deferment from conscription. It is worthwhile to figure out why the call to the armed forces of the Russian Federation is carried out.

Conscription and release for family reasons

At the moment of open confrontation and the beginning of hostilities, mobilization will be carried out throughout the country. During mobilization, retired and active servicemen are collected for military operations. Therefore, in peacetime there is a call to the ranks of the armed forces in order to train personnel who will take part in military activities. They can be released from conscription, but there must be very serious grounds for this.

Whether they take to the army if the mother is single, needs to be considered in more detail. It all depends on some factors:

  1. What condition is the mother in, does she have a disability, is she able to take care of herself on her own.
  2. Whether she has a minor child or other children in her arms.
  3. Can the mother provide for herself or is the son her guardian?
  4. Is the son the only child in the family, did he have an older brother or father who died while serving in the army.

If there is a mother's disability, then there are enough grounds to get a legal deferment from the service. To do this, the mother needs to write an application to the military commissariat, submit a certificate of disability and the conclusion of the ITU at the place of conscription. These facts are taken into account in the call, in favor of meeting the requirements of the mother.

When a mother is able to take care of herself, even if there is a minor relative of the conscript in her arms, everything is decided at the place of conscription in each case separately. If the mother and the youngest child are dependent on the eldest son, in this case they may be granted a deferment from conscription into the army.

As for the family, where there was a relative, a brother or father who died in the line of military duty, the answer is unequivocal. Under the law, citizens are exempted from conscription whose relative who served in the army died. In this case, you need to seek the abolition of the draft for the only remaining son. Unless of course he has no desire to serve in the army. Very rarely, but there are cases when such families voluntarily express a desire to serve.

Citizens caring for elderly relatives, including retired parents, also have the right not to join the army. In this case, it is considered on whose provision the elderly parents are. If they are completely dependent on the son and he is their breadwinner, then this should be taken into account.

If the parents are fully supported by the state, then the deferment may be denied. We are talking about keeping parents in nursing homes or other public institutions.

At the same time, attention is paid to whether there are other persons who are able to take care of the parents in the absence of the son. It is taken into account whether there are other children or close relatives who are able to carry out this care. If for some reason there are no such persons, then the conscript has every right to consider the issue of granting a deferment from conscription.

If a conscript has only one mother, a pensioner, then in 2008 changes were made to the law on conscription and now there are not enough grounds for granting a deferral, only on this fact. In order to receive a deferral, conditions must be met. If the mother is a pensioner and is on disability, then the issue will already be considered. In other cases, this is not enough.

Also, if there is no father in the family, you need to pay attention to whether the conscript has his younger relatives in care. If the mother is not a pensioner and continues her labor activity, then the delay is not allowed. Another thing is if the son is the breadwinner of the family in connection with the loss of his father, who died in the line of military duty. Then they can be released from conscription altogether. But if there is no father in the family and the mother is not able to take care of her children for some reason, and the conscript is also the breadwinner, then such a conscript should not be denied a deferment either.

Since 2008, a mandatory condition has been introduced, the provision of a certificate from a medical and social examination that the mother cannot take care of herself and needs outside help. If the mother has only retirement age, the son will be taken into the army along with everyone else, and there will be no violation of the law in this case.

However, each case is considered separately in accordance with the law of the Russian Federation.

Sufficient grounds for exemption from the army

If the conscript has legitimate grounds for deferring from conscription, then he can count on a positive decision on the issue.

The grounds must be the following:

  • the mother must be unable to work and she cannot do without outside care;
  • the need for outside care must be supported by documents;
  • mother should not be supported by the state, for example, in a nursing home;
  • the mother should not have other older children who, by law, must take care of her;
  • the conscript's father or older brother, who is doing military service, died.

Subject to these grounds, the conscript should contact the military registration and enlistment office and submit the necessary documents:

  1. Certificate of family composition at the place of residence.
  2. Relationship documents. A birth certificate will do.
  3. ITU conclusion that mother needs care.
  4. Documents confirming the death of a relative, if this fact exists.

A deferment in this case must be granted unconditionally in accordance with the law on military conscription.

In other cases, grounds for deferment must be considered on a case-by-case basis. In some cases, it is possible to achieve, if not the abolition of conscription, then at least the service in the region of residence. So, you need to know your rights and use them at the time of passing the draft board. And it is better to deal with this issue in advance, since recruiting companies are carried out quickly and there may not be enough time to issue any certificates.

Hello. Please tell me. I have the following situation: They want to take me to the army of the Republic of Belarus. Both of my parents are pensioners. Mother is working. Father is not. I have a maternal half-sister from my first marriage. But she is 39 years old. She lives in the Brest region, and I live with my parents in the Vitebsk city of Orsha. My sister is married. She has two children. One is a minor, studying in the 6th grade. The second is studying in Vitebsk honey. A university away from home on a budget. My sister and her husband work. All citizens of the Republic of Belarus. Question: in this situation, how can I do so that I am not taken into the army? After all, as far as I know, if the parents are pensioners, they don’t take it away, but everything rests on a half-sister with 2 children. Help to understand please. Thank you in advance. Please reply to email

In your case, no way.

ON MILITARY DUTY AND MILITARY SERVICE
Article 31

Citizens are exempted from conscription for military service, service in the reserve:
recognized for health reasons unfit for military service with an exception from military registration;
whose fathers, mothers, siblings or sisters, being military personnel, officers and rank and file of the internal affairs bodies, the Investigative Committee of the Republic of Belarus, the State Forensic Examination Committee of the Republic of Belarus, financial investigation bodies, emergency situations bodies and units, died or died or became Disabled persons of group I or II as a result of injury (wounds, injuries, contusions), diseases received in the performance of military service duties (official duties), as well as from among orphans and children left without parental care. Citizens who have the right to exemption from conscription on this basis may be called up for military service, service in the reserve at their request;
having three or more children;
undergoing or having completed alternative service;
who have completed military service or otherwise performed military duty in another state.
Citizens are not subject to conscription for military service, service in the reserve:
who have served a sentence of imprisonment in correctional institutions;
having a criminal record;
in relation to which the court applied compulsory measures of security and treatment - during the period of application of these measures;
in respect of which criminal prosecution is being carried out or the criminal case has been transferred to the prosecutor for referral to the court or judicial proceedings are being carried out.
Article 32
Deferment from conscription for fixed-term military service, service in the reserve is granted to citizens:
by marital status;
Deferment from conscription for fixed-term military service, service in the reserve due to marital status is granted to citizens who have:
disabled parents or other family members who, for health reasons, in accordance with the conclusion of a medical consulting (medical rehabilitation expert) commission, are in permanent outside care and are not fully supported by the state, - in the absence of other able-bodied persons, living in the territory of the Republic of Belarus, obliged in accordance with the legislation of the Republic of Belarus to support the indicated family members and take care of them whether they live with them or separately, or in the presence of such persons who are undergoing military service, service in the reserve;
wife during pregnancy, in the presence of supporting documents;
wife and child under the age of three;
wife - a disabled person of I or II group;
disabled child;
a child brought up without a mother;
two children;
a mother (father) who is not (not) in a registered marriage and does not have (does not have) other able-bodied children, who (who) has one child under the age of three, or two or more children under the age of 18, or a disabled child under the age of 18, or a child over 18 years of age who is a disabled person of group I or II, or a mother with a pregnancy of 28 weeks or more who is not married and has no other able-bodied children;
one or more siblings under the age of 18 or over 18 years of age, if they receive a general secondary, vocational, secondary specialized education or are disabled of group I or II, in the absence of other persons who could take them on content.
Disabled parents are considered to be a father over 60 years old and a mother over 55 years old, the father and mother are disabled people of group I or II, regardless of age. In the event that two sons are subject to conscription for fixed-term military service, service in the reserve at the same time, at the request of the parents or persons replacing them, a deferment from conscription is granted to one of them.

Regards, Sfi


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