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Notification on Procedure for Releasing Persons Who Have Evaded from Regular Military Service from Criminal Liability

23.04.2019 15:51

According to the Article 19 of RA Law “On Military Service and Status of Military Serviceman” all male citizens over 18 up to 27 year-old, as well as the male citizens up to 35 year-old having had military training in higher educational institutions and qualified as reserve officer staff (hereinafter reserve officer staff) are to be drafted to army.

The citizens and reserve officer staff who become 27 and (or) 35, accordingly, during the mentioned draft are also subject to compulsory military service at the draft declaration.

Reports are sent to garrison investigative units of General Military Investigative Department of the RA Investigative Committee from relevant territorial military commissariats on the citizens who have evaded from the declared draft. The reports are examined and if there are crime elements criminal cases are initiated according to the Article 327 of RA Criminal Code the Part 1 of which envisages punishment – arrest for the term of up to two months or imprisonment for the term of up to three years.

Those RA citizens who are found or present themselves to the relevant law enforcement bodies (investigative committee, police or other law enforcement structures) at subject-to-conscription age - up to 27 years old, are taken to the relevant territorial military commissariats, examined by the medical commission and if they are found fit they receive a call-up paper to leave for RA Armed Forces. After being drafted to RA Armed Forces the legal grounds to terminate the criminal case and to stop criminal prosecution against the person are considered. And if the citizen to be drafted refuses to leave for service the criminal case with the bill of indictment is sent to court.

The citizens who have not had compulsory military service according to the RA Law «On Citizens Who Have not Had Compulsory Military Service by Breach of Legislation», who have  become 27 years old /reserve officers – 35 years old/ up to March 1, 2019 /amendment in law was adopted by RA National Assembly on March 6, 2019/, beginning from the moment of not presenting themselves to draft of compulsory military service by breach of law can make payments defined by law for each evasion from draft /the amount of the money is determined by the republican commission considering applications of the citizens, who have not had compulsory military service by breach of the defined procedure, according to the number of evasion from drafts/.

The mentioned procedure is implemented in the following way

The citizen who has not had compulsory military service submits an application to the military commissariat where he is registered.

The grounds to be released from compulsory military service or to get deferment are attached to the application.

The citizen who has not had compulsory military service and is abroad can submit the application through RA diplomatic service, consulate or an authorized person.

After the application of the citizen who has not had compulsory military service is registered as defined, it is sent to relevant bodies (investigative committee, police and other law enforcement bodies).

After getting the respond to the application the citizens who have not had compulsory military service can pay the payments defined by law within ten days term through any payment system to the following account of depository of the RA Central Bank 900018113010.

If the citizen who has not been drafted to compulsory military service by breach of legislation and has later become 27 years old or has been released from compulsory military service as prescribed by law or has got deferment grounds, after paying the defined payment by him the investigative body makes a decision within a month to stop criminal prosecution after which the person receives a military book and is registered in the reserve.

The crime envisaged by the Part 1 of the Article 327 of RA Criminal Code is a crime of medium gravity and the person cannot be subjected to criminal liability if 10 years has passed since the day the crime was committed by the person evading from investigation; that is when the citizen became 37 years old and the limitation period has not been interrupted by a new crime /see Article 75 of RA Criminal Code/.

RA citizens who are outside the Republic of Armenia and are wanted by the RA law enforcement bodies can submit a notarized application or submit an application through consulate to investigative bodies with a motion to terminate the criminal case on the base of expiration of limitation period and to stop criminal prosecution against them. In case the mentioned application/motion/ is received the legal grounds to terminate the criminal case and to stop the criminal prosecution against the person will be considered.

RA citizens who are outside the Republic of Armenia and are under prosecution according to the Article 327 of RA Criminal Code can send questions about their status or other issues they are interested in by the following e-mail zqgv@investigative.am.


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