Liability for Failing to Provide Assistance to Military Commissariats During Mobilization May Increase

The bill “On Amendments to the Code of Administrative Offences of the Russian Federation” regulating responsibility in the field of military registration (the “Bill”) was submitted to the State Duma of the Russian Federation back in 2019. On 25 July 2023, the Bill was adopted in the third reading and sent for approval to the Federal Council. The planned changes will affect both individuals liable for military service, and their employers.

According to the current legislation organizations and their officials are obliged to collect, maintain, process and store information from the accounting documents of the citizens put on military registration – this obligation is established in the Regulation on military registration (Decree of the Government of the Russian Federation No. 719 dated 27 November 2006) and is described in detail in the Instruction on organizing procedures ensuring the proper functioning of military registration (Order of the Minister of Defense of the Russian Federation No. 700 dated 22 November 2021). The Bill increases administrative liability and modifies the regulation in the field of military registration.

1. Administrative fines for violations in the field of military registration are increased

The Bill amends Articles 21.1, 21.2, 21.4 of the Code of the Russian Federation on Administrative Offences (“Code on Administrative Offences") and provides administrative fines for the following:

Failure or untimely provision by state bodies officials or organizations officials of information necessary for military registration1	from RUB 40,000 to 50,000
Failing to provide lists of citizen’s subject to initial military registration2	from RUB 40,000 to 50,000 for officials from RUB 350,000 to 400,000 for organizations
Failure to notify citizens of their call-ups to the military commissariat or another authority responsible for military registration, including in electronic form3	from RUB 40,000 to 50,000 for officials from RUB 350,000 to 400,000 for organizations

Additionally, Article 21.3 of the Code on Administrative Offences, which previously stipulated penalties for violating deadlines for document submissions, is excluded by the Bill.

2. Introduction of a new article concerning failure to assist commissariats during mobilization events⁴

The Bill proposes to include a new Article 19.38 “Failure to assist military commissariats in their mobilization work during the announcement of mobilization”. This obligation is established in Article 9 of the Federal Law “On mobilization preparation and mobilization in the Russian Federation”, and includes ensuring timely notification and gathering of citizens at assembly points or military units, as well as ensuring the supply of equipment to assembly points or military units in accordance with mobilization plans. Failure to perform these obligations in the case of mobilization measures may involve a fine of up to RUB 80,000 for officials; up to RUB 500,000 for organizations.

At this moment the so called “partial mobilization regime”, which was established according to the Decree dated 21 September 2022 No. 647 “On the announcement of partial mobilization in the Russian Federation” which implemented several mobilization measures, is still in force.

3. Responsibility of citizens for non-fulfillment of military registration duties has been clarified⁵

Thus, an administrative fine may be imposed on citizens for:

Failure to appear without a valid reason at the time and place specified in the agenda	from RUB 10,000 to 30,000;
Failure to report to the military commissariat or the body carrying out primary military registration about changes in marital status, education, place of work (study) or position, information about moving to a new place of residence	from RUB 1,000 to 5,000
Failure to report to the military commissariat or to the body carrying out primary military registration, information about departure from the Russian Federation for a period of more than 6 months or entry into the Russian Federation, or failure to appear at the military commissariat in the event of the occurrence of these events	from RUB 5,000 to 15,000
Failure to report to the military commissariat or to the body carrying out primary military registration by a citizen subject to conscription to leave during the conscription period for a period of more than 3 months from the place of residence or place of stay	from RUB 10,000 to 20,000

In addition to the abovementioned, the Bill strengthens responsibility for citizens avoiding medical examination or examination⁶ – the offense entails liability in the form of a warning or a fine of RUB 15,000 to 25,000, instead of the previous RUB 500 and 3,000.

Intentional damage or destruction of the identity card or military ID of a citizen subject to conscription or negligent storage of these documents⁷ will also entail a warning or a fine in the amount of RUB 3,000 to 5,000, instead of RUB 500 and 3,000.

The amendments come into force on 1 October 2023.

¹ Article 21.4 of the Code of the Russian Federation on Administrative Offences
² Article 21.1 of the Code of the Russian Federation on Administrative Offences
³ Article 21.2 of the Code of the Russian Federation on Administrative Offences
⁴ Paragraph 3 of Article 1 of the Bill
5 Article 21.5 of the Code of the Russian Federation on Administrative Offences
6 Article 21.6 of the Code of the Russian Federation on Administrative Offences
⁷ Article 21.7 of the Code of the Russian Federation on Administrative Offences