CrimeaSOS: legislative changes in the russian federation in the field of military service are aimed at increasing the number of the mobilized among prisoners
14 / 10 / 2024
russian legislation was once again supplemented with new changes. This time the aim was the increase of mobilization. From now on, many suspects and accused persons may be released from criminal prosecution if they agree to sign a contract with the Ministry of Defence of the russian federation.
According to the adopted legislative changes, many categories of defendants who undergo military service in the ranks of the armed forces of the russian federation can be exempted from criminal liability at the stage of a trial. This also applies to convicts whose sentence has not entered into force. In addition, such “volunteers” will also have their preventive measure revoked.
“This trend is aimed at increasing the number of mobilized prisoners”, –CrimeaSOS analyst Yevhenii Yaroshenko says.
Earlier, activists of the international civil campaign LiberateCrimea informed Krym.Realii that in Crimea, the occupying military commissars, in cooperation with the Ministry of Internal Affairs, were given an instruction to identify evaders and open criminal cases against them, in order to “persuade” them to sign a contract with the Ministry of Defence of the russian federation for service in zone “special military operation”.
The above-mentioned changes in russian legislation exclude the possibility of signing a military contract for those defendants who have committed crimes against the sexual integrity of minors, crimes related to weapons of mass destruction, crimes against national security, terrorist crimes, etc.
However, this list does not include the crime provided for by Article 328 of the criminal code of the russian federation (evasion of conscription for military service or alternative civilian service in the absence of legal grounds for dismissal from this service). Thus, it can become a basis for the persecution of evaders and pressure on them, with the aim of inducing them to military service under a contract.
According to the decree of the President of the russian federation on the autumn conscription, in the period from October 1 to December 31, 2024, 133,000 russians aged 18 to 30 are scheduled to be drafted for military service in the russian army.
The issue of the autumn draft also affected the occupied Crimea. russia wants to recruit about two thousand inhabitants of the peninsula to the ranks of the occupation army. The plan has already been completed by 30%. Yevgeny Mashukov, the occupying military commissar of the so-called “Republic of Crimea”, stated this in an interview for one of the russian media on October 8.
We would like to remind you that the conscription campaign in the occupied Crimea is illegal. In particular, Articles 51 and 147 IV of the Geneva Convention prohibit the occupying power from forcing the civilian population of the occupied territory to serve in its armed forces. These actions constitute a war crime under Article 8 (2)(a)(v) of the Rome Statute of the International Criminal Court. Forcing citizens to participate in hostilities against their own country is a separate war crime (Article 8 (2)(b)(xv) of the Rome Statute of the International Criminal Court).
If you live in the occupied territory of Ukraine and have become a victim of illegal forced mobilization, you can contact the hotline of the Prosecutor’s Office of the Autonomous Republic of Crimea and the city of Sevastopol for help (+380 967 001 600).