With the end of school approaching, young people and their parents are thinking about conscription into 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 get a deferment from the draft under current laws?

1. Study

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

In accordance with the regulations of the Russian Federation, at the beginning of college education after the 9th grade, a young man is granted 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. Taking into account the fact that in most cases a young person finishes the 9th grade at the age of 15-16, such a delay is just enough to graduate from a technical school / college.

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

If a young man enters a college / technical school after the 11th grade, he is given a deferment for the entire period of study, only if the young man turns 18 in the last year of the college / technical school (no matter how ridiculous it may look, it is written in the regulatory document). The 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, students entering college after grade 11 will have deferment until graduation from this date, but this will only apply to boys entering in 2017.

Postponement from the army after grade 11 upon admission to a university

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

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

Under 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 (the second deferment from the army for study), but they do not apply to this case. Exceptions include the case of admission to the magistracy after the bachelor's degree and postgraduate study. Therefore, a post-college military deferment to college does not work if a college deferral has been granted.

Postponement from the army at the institute / university / university

Deferment conditions:

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

In this regard, admission to the institute for the second higher education does not give a delay.

Deferment from the army upon admission to the magistracy after the bachelor's degree in 2016

First case. Master's degree after bachelor's degree. In the case of continuing education for a master's degree after a bachelor's degree, students are granted a deferment from the army. Here, the main thing is to express in advance your intention to enter the magistracy, go through the administrative procedures necessary at a particular university, and provide all the necessary documents.

Second case. Master's degree after the specialty - no deferment is granted.

PhD

Admission to graduate school always provides a full-fledged deferment from the army, regardless of previously granted deferrals. For the entire period of study plus 1 year for the defense of the final work (in general, 3-4 years). As a rule, by the end of graduate school, a young man reaches the age of 27, and therefore will receive an exemption from conscription into the army. If they are not yet 27 years old, then those who successfully defended their thesis - young candidates of science - are also exempted from conscription service.

Please note that correspondence postgraduate studies do not give any respite from the army, like any other distance learning.

Important!
In which educational institutions does training give a reprieve from the army?

To provide students / pupils with a delay, the educational institution must be accredited by the state and have a corresponding certificate.

Do they give a deferment from the army for distance learning?

All the deferrals discussed in this article apply only to full-time students. Consequently, with distance learning, the deferment from the army does not apply.

Academic leave, transfer to another university, restoration, re-admission

If a student takes academic leave during their studies, the deferment continues to apply - good news for all students. It is important that academic leave be issued in accordance with all the rules, as a rule, the reason may be a state of health or family circumstances. Usually, such leave is granted for a period of 12 months. In the case of a transfer of a young man to another specialty within one university or to another institute, the deferment from the army will continue to operate if the training time increases by a maximum of 1 year.

2. Postponement 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. The presence of one child is the basis for exemption only if the child is not more than three years old and is disabled. Fathers who raise children on their own, without a mother, are also not subject to conscription. This independence must be confirmed by documents: on the deprivation of maternal rights, the death of the mother or her incapacity

2.2. ​ ​ If a young man has a disabled 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 look after 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 Provide a certified copy of the medical certificate to the military registration and enlistment office, and keep the originals with you, as the draft boards often lose these important documents

2.4.​ If a person is suicidal (suicidal)

2.5.​ A questionable 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 the articles of the Criminal Code, which require the repayment of a criminal record in a few years. If this happens before the age of 27, the young person will be eligible for military service.

3. In connection with employment

3.1. A deferment is given by service in law enforcement agencies, that is, in the Ministry of Internal Affairs, drug control, the Ministry of Emergencies, the Penitentiary Service, customs, etc. However, such a delay is not granted to everyone, but only to those who have the appropriate specialized education. Most often, such privileges are used by holders of a diploma of a lawyer or a customs officer who got into state institutions 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 relevant 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. Apply for alternative service for the benefit of the Motherland. It can be passed if religion or belief does not allow serving.

Some young men avoid the draft, being "on the run" and trying not to receive a summons to the draft board at all. After all, until he signed for the receipt of the summons, then he had nowhere to appear. But the draft boards are also very resourceful and find ways to catch potential recruits.

The grounds for obtaining a deferment from the army are specified in Article 24 of the current Federal Law "On military duty and military service." With the advent of 2017, adjustments to the above article came into force. The amendments affected young people receiving education in secondary, secondary specialized and higher educational institutions. Who has the right to receive a deferment from the army and what is its duration, we will consider in more detail in the article.

The federal law "On military duty and military service" was adopted on March 28, 1998. The law regulates the obligations of military personnel to fulfill their duty to protect the Fatherland under the Constitution, as well as the procedure for enrolling citizens of the Russian Federation, including foreign citizens, into military service.

The law includes 9 sections and 65 articles:

• general provisions (art. 1-7);
• military registration (art. 8-10);
• preparation for military service of citizens on a mandatory and voluntary basis (Articles 11-21);
• the implementation of the conscription of citizens into the army (art. 22-31);
• implementation of military service under the contract (art. 32-35);
• military service (art. 36-49);
• general provisions, reasons and procedure for dismissal (art. 50-51.1);
• reserves of the Armed Forces of the Russian Federation, SVR and FSB (Art. 51.2-57);
• reservists of the Armed Forces of the Russian Federation and other military organizations and bodies (Articles 57.1-57.8);
• final clauses (arts. 58-65).

Articles 16, 30 and 59 have lost their legal force.

The current version is dated July 26, 2017, the provisions entered into force on August 6 of the same year. Some of its provisions will come into force in the new year - January 1, 2018. Article 24, which regulates receiving a deferment from the army, was amended by the edition of July 3, 2016, the changes and additions came into force from the beginning of 2017.

Who can get a deferment from the army?

There are many reasons for deferment from the army, which are all described in article 24. Let's take a closer look at who and on what grounds can receive temporary release.

Due to the state of health

During the medical examination of the conscript, there is a category of fitness "G", which indicates a temporary health disorder - fractures, dystrophy or excessive obesity. This category is assigned by the draft board, which issues a verdict on a temporary deferment from the army for a period of up to 1 year. Six months later, the recruit undergoes a second medical examination. If there is no deterioration in health, a final decision is made on the suitability of the citizen.

Getting an education in an educational institution

Pupils and students are eligible for deferment from the military if they are studying full-time in accredited educational institutions. This paragraph has been amended - if earlier it was possible to receive a deferment until reaching the age of 20, now a temporary exemption will be valid for the entire period of study. It concerns schools, colleges, universities. Those who have enrolled in graduate school or defended their dissertation and received the title of Ph.D. may also qualify for a temporary exemption. The deferment from conscription into the army is one-time. However, this rule has an exception if the conscript wishes to continue his education, for example, after school he entered a college or university, etc.

For family reasons

A deferment from the army may be granted if the conscript:

• is a single father;
• has 2 or more children;
• his child is disabled and has not reached the age of 3 years;
• has a child and a spouse whose gestational age is at least 26 weeks.

Also, a young person receives a temporary exemption from the army if he takes care of his parents, spouse, grandparents, siblings. A prerequisite for the postponement is the absence of other relatives who are obliged to support them, the presence of a medical certificate of the need for constant outside care, and they are not on state support.

Another reason for deferment from the army is the guardianship / guardianship of a minor brother / sister taken by the conscript, if there are no other relatives who are ready to take responsibility for the children.

In connection with work

A deferment from the army is given to employees of the police department, the State Border Service, the penitentiary system, the Federal Drug Control Service and customs officers. The main condition is to enter the service in these bodies immediately, after the completion of the university of the above bodies. Also civil servants (deputies) can count on temporary exemption from military service.

By order of the President

Every year, 500 people receive a deferment from the army, thanks to the order of the President. Young people are selected from the representatives of talented youth to support the scientific potential.

Duration

The federal law on deferment from the army provides for different lengths of temporary release. When it comes to health- the deferral is valid for up to 1 year.

In a situation where the conscript is a student of one of the educational institutions, the duration will be the entire period of training. Previously, the conscript was obliged to interrupt his studies upon reaching the age of 20. We must not forget that a deferment from the army, according to the law, can be given 2 times, provided that the young man has decided to continue his education further in a higher educational institution.

If a conscript fulfills the role of a single father, then the deferment from the army will last the entire period while he raises the child on his own. The situation is repeated in the example with the presence of 2 or more children or when there is already one child, and the spouse is at the 26th week of pregnancy. In the case of a disabled child, a young person will not be drafted into the army until the baby is 3 years old. Every year, documents proving these facts must be submitted to the military registration and enlistment office, until the conscript reaches 27 years of age. It should be remembered:if the child dies or the father is deprived of parental rights, then the temporary exemption from the army will be lifted. In the case of caring for relatives or registering guardianship, the duration of the temporary deferment from the army depends on the time of performance of these functions.

If a conscript is in the civil service, then the deferment from the army will be valid for the entire term of exercising powers in these bodies. If a young person participates in elections, then the duration will be the entire period of participation in the elections up to the day the results are announced or, in case of early withdrawal, up to and including the day of withdrawal.

Download the text of the law

To fully understand the current provisions of the law, you should familiarize yourself with its relevant content. You can download the latest edition with all changes and amendments at.

Twice a year - from October to December and from April to July - the time of conscription comes. The law will be of interest to read for conscripts who want to receive a deferment from the army under article 24 of the current law.

Deferment from the army is a certain period of time during which a fit-for-military conscript cannot be called up for urgent military service. The types of deferments are regulated by Article 17 of the Law on Conscription. They can be divided into five main categories, we will discuss each of them in more detail below.

Deferment from the call for study

This type of deferral includes young people studying at school (secondary education), college or technical school (secondary vocational education), higher education institution or continuing to receive education immediately after graduation. An important aspect is full-time education and state accreditation, since deferrals do not apply to non-accredited educational institutions. In addition, the study deferral applies to graduate students and persons who have defended their Ph.D. thesis and received the title of Candidate of Sciences.

1. A deferment for schoolchildren is granted until they reach the age of 20. At the same time, education must take place in person and according to a special list of approved programs for education (meaning ordinary public secondary schools):

If you successfully pass the final exams (state final certification, no retakes) after mastering the general program of the educational institution (graduation of 11 classes), for the period until the end of September of the current year (meaning the year the certification was passed), the student has the right to deferment;

Students studying in colleges or technical schools are exempt from conscription for military service for the entire period of study in this institution;

Students studying in colleges or technical schools on the basis of incomplete school education, that is, having completed not 11, but 9 classes, the student has the right to a deferment until the age of 20, it does not matter whether the planned course of study is completed.

2. Postponement for students of a higher educational institution is granted only to full-time students. In this case, the deferral will be valid until the end of the full course of study if and only if the right to deferment while studying at school has not been previously used. This means that after graduation, you must be enrolled in a higher educational institution before October 1 of the current year. Read about all the benefits that students are entitled to in the corresponding article.

3. The deferment is granted to graduate students who are undergoing a postgraduate educational program in accordance with the approved standards, and are enrolled in full-time education. The deferment applies to the full course of study, as well as to the period during which the postgraduate student will prepare and defend the final qualifying work. But this period cannot be more than one year from the end of the course of the educational program.

4. When studying full-time in a state accredited educational institution, you are assigned the opportunity to go on academic leave for a period of not more than 1 year, while the total period of study must remain unchanged or also increase by no more than a year. Under such conditions, the right to deferment from the army is preserved.

5. Changing the specialty within the framework of training in the same educational institution, which does not entail an increase in the period of study or increases it for a period of not more than one year, retains the right to deferment from the army for study.

It is important to remember that in order for the deferment from the army to take effect, it must be implemented. If there are violations when granting the first deferment for study (violation of the regulations), then this fact is interpreted from a legal point of view as the right to deferral, which was not exercised by you. It is necessary to challenge your right (in fact, the first deferral) with the help of a lawyer in court.

Postponement for family reasons

A person who is raising his own child without the participation of his mother;

A person raising more than one child;

A person who is accommodating a disabled child under the age of 3 years inclusive;

A person who constantly takes care of his mother or father, as well as other close relatives (brothers, sisters, grandparents), in the event that guardianship is carried out by law (decision of social or other bodies);

A person who is the guardian of a brother or sister who has not reached the age of 18, in the absence of the possibility of guardianship over them by more distant relatives. This provision must also be documented.

Pregnancy of the wife for a period of more than 26 weeks.

Deferment for family reasons

A person raising a child without a mother must submit a certificate confirming the composition of the family, a birth certificate of the child and a divorce, as well as a document confirming the court's decision that the further upbringing of the child will be carried out without the presence of the mother;

It is enough for a person raising more than 1 child to submit a certificate of family composition and a birth certificate for each of the children;

A person raising a disabled child from 0 to 3 years old inclusive must present at the military enlistment office a certificate of family composition, a certificate from a state medical institution, according to which the child is recognized as disabled, and a birth certificate;

When the wife is pregnant, for a period of at least 26 weeks, it is necessary to provide a marriage certificate and a conclusion of a medical organization on the gestational age to the military registration and enlistment office;

When caring for a loved one, a package of documents is required, consisting of a birth certificate of a conscript; information about the composition of the family; when caring for a grandmother or grandfather, birth certificates of the father and mother of the person called up for military service; it is enough for persons who are adoptive parents to provide a relevant court decision; the conclusion of a special medical and social commission proving the need to care for a relative; passports of people in need of constant care.

The delay due to guardianship is proved in the military registration and enlistment office by a document authorizing guardianship; birth certificate of both the person called up for service and the person under guardianship; certificate confirming the composition of your family.

Delay for health

During the passage of the medical commission at the military registration and enlistment office, it may be established that the conscript is temporarily unfit, partially fit or not at all fit for urgent military service. When establishing the status of "temporarily unfit" (category "G"), a deferment is granted for health reasons for a period of six months to one year inclusive. Almost every year the list of diseases is revised, therefore, before passing the medical commission, it is better to familiarize yourself with the list that is valid for the current year (the so-called “schedule of diseases”).

Deferment from the army for work

Work in the police department, the state fire service, the criminal and / or executive system, customs, the authorities responsible for controlling the illegal circulation of drugs and / or psychotropic substances after graduating from a specialized educational institution gives the right to a deferral for the duration of the employment contract;

Registration as a candidate for deputy, upon vacating a position in the State Duma of the Russian Federation or in regional and / or local governments in accordance with the current legislation of the Russian Federation, gives the right to a delay until the day the official election results are announced;

Election as a deputy of the State Duma, a legislative body of one of the constituent entities of the Russian Federation, a municipality, or the head of a municipality gives the right to receive a deferment from military service for the entire time of fulfilling one's public duties.

Work in the Ministry of Emergency Situations, the Federal Security Service and other government agencies with a special higher education, with the condition of being hired immediately after graduation and with a special rank, gives the right to deferment from the army for a period of service in these bodies.

Execution of documents for granting deferrals to deputies and employees of state structures

When working in state structures (the Department of Private Security, the Federal Security Service, the Ministry of Emergency Situations and others), the military commissariat will require a diploma of graduation from a special profile university and a certificate from the place of work confirming your rank, position and duration of the employment contract or contract;

When registering as a candidate for deputy, it is necessary to submit a document confirming registration for participation in elections or a certificate from a state body if the candidate for deputy was elected to the relevant authority.

Postponement granted by direct decree of the President of the Russian Federation

Such a delay is given to those citizens, the decree on the provision of which is signed personally by the President of the Russian Federation. Accordingly, the right to delay is the presence of a decree. Registration of this type of deferral occurs upon presentation of a diploma of education (the need for presentation is additionally indicated in the text of the decree), a certificate from the place of work endorsed by the head. Also, a presidential decree can single out a whole group of citizens, according to the state quota. In this case, a special list is sent to the military commissariats by special directives from the General Staff of the Russian Federation.

Where to complain, they do not provide a delay

Almost the only 100% effective way is to contact a lawyer who specializes in such matters. Having correctly drawn up a statement of claim in court, the lawyer will take responsibility for resolving your controversial issue. Only a court verdict in your favor will save both you and the military commissariat from all contentious issues.

All conscripts who are trained in secondary and higher educational institutions are entitled to the possibility of deferment from the army for study in 2016. This makes it possible to receive the necessary level of education, and only then pay back the “debt to the Motherland”. Only full-time (full-time) students, graduate students and other researchers can receive a deferment.

Postponement of studies for university students.

Every university student has the right to deferment from the army until the end of their studies. He can use this right even if he has already used the deferral before.
Upon receipt of the 2nd higher education, deferrals are not granted. But when continuing their studies in graduate school or magistracy, conscripts are not taken into the army. It is worth noting that students in residency or internship may not go to the army.
Also, everyone who defends dissertations can postpone the service. But candidates for doctors of science are completely exempted from military service.
It must be remembered that even after training, you can count on a deferment from the draft board. But its term cannot be more than 1 year.

When is the deferment from the army saved?

Even interrupting training, you can count on maintaining the granted deferment. According to the law, this privilege is preserved at the moment:

• transfer to another faculty;
• academic leave;
• transfer to another institution;
• recovery for study.

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

Remember that for any deferrals, you must go through a medical commission. After all, all citizens who are recognized as unfit for military service are not automatically affected by such a measure.

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

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

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

How to be a student of colleges and technical schools?

For such students, a deferment is granted only in case of admission to study 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 regardless of whether your training is completed or not. But such difficulties will not be in the legislation forever. In 2017, it is planned to introduce a number of amendments that equalize the rights of all students.

In all colleges and technical schools, deferment is granted only during the period of study. Without good reason, her term cannot be extended.

And if you have already taken advantage of the delay in admission to a specialized secondary institution, then you should not count on such a relief anymore. Even if you want to continue your education, you will have to go to the army. After all, this measure is a one-time.

To get a deferment from the study service in 2016, you should find out all the legislative nuances in advance. If you do not show proper initiative, you can lose your right under the law.

Obtaining vocational education in the relevant institutions of the middle and higher levels is one of the reasons for receiving a deferment from serving in the ranks of the Russian Army immediately after the boys reach the age of 18. This allows you to first become a certified specialist, and then "repay the debt to the Motherland." At the same time, it should be remembered that such relief applies only to full-time (full-time) students, as well as to those who receive postgraduate education in graduate or master's programs.

Postponement of studies for university students

Studying at a higher educational institution allows you to postpone the prospect of wearing an army uniform for 4-5 years, even if a deferral has already been granted on this or another basis. With the only exception - if this is a second higher education, then the receipt of the coveted diploma will have to be postponed. Postgraduates and masters can "sleep well", because graduates of universities who continue to engage in science have every right to take advantage of the study deferment. As well as yesterday's graduates of medical institutes who successfully completed residency or internship. Those who are preparing to defend a dissertation will not be taken to the military unit, but holders of scientific degrees are completely exempted from this duty. A deferment may also be granted after graduation, but not more than one year.

When is the deferment from the army?

It remains for the period of study even if the relationship with the educational institution was terminated for various reasons. But this is possible if one of the following conditions is met:

Transfer to another faculty of the same educational institution;
academic leave;
transfer to another educational institution;
educational recovery.

If the reason for the termination of studies was the unsatisfactory performance of the student, then there can no longer be any delays and you will have to prepare for the service.

Registration of a study deferment occurs according to the same principle as all the others. Therefore, you still have to go through a medical commission. If, according to its results, pathologies are revealed in the conscript that do not allow him to serve, then no other reasons will be needed.

If the doctors give the go-ahead, but the future soldier wants to complete his training, then you will need to apply to the military registration and enlistment office with a package of documents:

A copy of the license of the educational institution;
diploma of education;
certificate from the educational institution.

This should be taken care of in advance in order to avoid situations when a student in a hurry went to the duty station on an urgent basis, regardless of his desire or unwillingness to continue studying his chosen specialty.

What should students of colleges and technical schools do?

If everything is more or less clear with students of higher educational institutions and recipients of postgraduate education, then students of colleges and technical schools are divided into two categories: those who entered after the 9th grade, with the possibility of receiving a deferment, and those who entered after the 11th grade, without options going to serve.

But even among the former ninth-graders, not everything is so smooth: if he turns 20 while studying at college, then the deferment automatically terminates and he will have to try on uniforms and boots. Parliamentarians are trying to equalize students in their rights, but the first amendments in this area should be expected only in 2017.

Another difference between a deferment in a technical school and a deferment in a university is the possibility of interrupting training in the latter case, which is not allowed by training in a secondary specialized institution of vocational education.

In order to receive an educational deferment from military service in 2019, it is worth clarifying all the legislative nuances in advance, since without the initiative from the student himself, the chances of joining the ranks of conscripts are very high.