Information note on mobilization: who will be called, will the call affect the IT industry?

On September 21, 2022, the order on partial mobilization in the Russian Federation came into force. Specialists of the Semenov&Pevzner law firm Irina Gushchina and Ekaterina Gubaeva have prepared an information certificate on the decree. It also reveals who can be called up and whether employees of IT companies have a reprieve from the army?

What is partial mobilization?

Mobilization is a set of measures:

1. on the transfer of the Russian economy, its subjects, authorities and organizations to work in wartime conditions,
2. on the transfer of the Armed Forces of Russia and other military formations to the organization and composition of wartime.

The Law distinguishes between general and partial mobilization. In the law itself, there is no difference between these concepts. Consequently, the norms prescribed in the law are mandatory for any type of mobilization. The specific set of measures for each type of mobilization is determined in accordance with the legislation and regulatory legal acts of the President and the Government.

Who can they call now?

According to the presidential decree issued today “On the announcement of partial mobilization in the Russian Federation”, citizens who are in reserve and do not have the right to a deferral from conscription for military service on mobilization are subject to conscription.

The call is made depending on the category assigned to the person: the first category is called first. More details about the categories below.

What is stock?

Reserve of the Armed Forces (hereinafter referred to as the Armed Forces) Russia is formed by:

• conscripts who are registered for military service,
• who have completed active military service
• or released from it for various reasons, but fit for wartime service.

The reserve of the Armed Forces of Russia is created from among the citizens:

• dismissed from military service with enlistment in the reserve of the Armed Forces of Russia;
• who have completed their studies at military universities under special programs and graduated from federal state universities;
• who have completed their studies at military training centers at federal state universities under military training programs and graduated from such universities;
• who have passed alternative civil service;
• those who have not completed military service due to exemption from conscription;
• those who have not completed military service in connection with the granting of deferrals or in connection with reaching the age of 27;
• those who have not completed military service on conscription, without having legal grounds for it, in accordance with the conclusion of the draft commission upon reaching the age of 27;
• dismissed from military service without military registration and subsequently registered in military commissariats
• women who have a military accounting specialty.

All citizens staying in reserve are divided into 3 categories according to the age limit:

Who exactly can’t be called up as part of the mobilization?

The Federal Law “On Mobilization Training and Mobilization in the Russian Federation” provides for a postponement from conscription for military service on mobilization if a citizen:

• recognized temporarily unfit for service for health reasons (delay up to 6 months);
• busy taking constant care of a close relative in need of constant care (if there is no one else to take care of);
• is the guardian/trustee of a sibling under the age of 18 (if there is no one else);
  has 4 or more children under 16 years of age;
• brings up one child without a mother up to 16 years old;
• there is a pregnant wife (at least 22 weeks pregnant) and three children under 16 years old;
• the mother of a citizen besides him has 4 or more children up to 8 years old and brings them up without a husband;
• He is a member of the Federation Council or a deputy of the State Duma.

There is another condition for postponement – the availability of a reservation. Booking is necessary to ensure the activities of state bodies and organizations for the period of mobilization. For the most part, the booking concerns public authorities and large infrastructure companies.

A postponement may be given to other categories of citizens, but only by presidential decree.

In addition, the law contains a complete ban on the mobilization of citizens who have an outstanding or outstanding criminal record for a serious crime.

How does this relate to the postponement from the army for IT specialists?

IT companies could apply for a deferral from conscription for military service for their employees as part of the autumn draft. Postponement under this procedure is possible for specialists who meet certain criteria for age and work experience.

Conscription for military service on mobilization is carried out according to special rules. A postponement can only be granted by presidential decree. Today’s presidential decree (in an accessible part) contains only a postponement for employees of the military-industrial complex. This means that at the moment there is no delay for IT specialists.

It is possible that other regulations will soon appear that will provide for a wider range of categories of citizens entitled to a postponement.

How does mobilization affect the ability to leave the country?

According to the federal law, “citizens who are on military registration, from the moment of the announcement of mobilization, are prohibited from leaving their place of residence without the permission of military commissariats, federal executive authorities that have a reserve.”

From the literal interpretation, it follows that the ban on departure generally applies to all citizens in respect of whom military records are kept. The delivery or absence of a summons does not affect this.

In fact, today they were quietly released from the country, so perhaps this norm will be applied to a narrower extent (including taking into account explanations that may appear in the near future).