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 in military service Russian Federation including foreign citizens.
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 military service under a 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 the receipt of a deferment from the army, was amended by the edition of July 3, 2016, the amendments 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 fitness category “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.
When questions arise about deferments, some lawyers immediately try to refer you to the Federal Law "On Military Duty and Military Service." Our lawyers consider this not entirely correct, since understanding all legal terms without special education very hard.
It will be easier and clearer to divide all delays into four categories
- health care deferrals
- social deferrals (related to marital status)
- professional deferrals
- study delays
Its useful to note that each category includes both the most commonly used delays and those that are rarely used. We will not cover the latter so as not to waste your time - if necessary, you can find out about them from one of our lawyers for free and directly by phone.
Delays for health(validity category "G") is provided to those who have recently undergone surgical treatment or have been injured. An exacerbation of a chronic illness may also be grounds for a medical deferral. Deferral for health reasons can be granted for up to 12 months. The period of delay is determined by the doctor, taking into account the time required for treatment and recovery. At the end of the deferment, the citizen must be re-examined (a new category of fitness for military service is determined).
Delays due to marital status for those with 2 or more children. If you have only one child, a deferment will be granted if the wife is 26 weeks pregnant or more. The deferral will be given to young people who are raising a child without a mother or fathers of a child with a disability (until the child reaches the age of 3 years). The deferment will be granted to those employed in the constant care of their father, mother, wife, sibling, sister, grandfather, grandmother or adoptive parent, if there are no other persons legally obliged to support these citizens and if there is a conclusion of the institution of medical and social expertise on the need for these citizens in permanent outside care. If you are the guardian or custodian of a minor sibling or sibling, you will also receive a deferment if there is no other person required to support your sibling.
Profession-related delays, are waiting for those who entered the service in the bodies after receiving higher education in educational institutions of these bodies (we are talking about service in the internal affairs bodies, the State Fire Service, institutions and bodies of the penitentiary system, as well as the customs authorities of the Russian Federation). If you have completed higher education and have a special rank, a deferral will be granted upon entering the service in the National Guard troops immediately after graduation. Candidates for deputies and deputies (in case of victory in the elections) also receive a professional deferral.
Postponement of training will be provided to students of higher educational institutions - bachelors, specialists or masters. Specialists and bachelors will receive a second deferment if the first was granted to them for graduation. Masters receive a second deferment if they received the first for studying for a bachelor's degree. From January 1, 2017, all college students receive a deferment for the entire period of study (if this is the first deferment that is provided to them for their education). Graduate students are still eligible for deferment regardless of the number of deferrals used. The deferral is granted to them for the entire period of study and for 1 year to defend the qualifying work.
For any questions regarding the provision of deferrals from conscription for military service, you can seek a free consultation from the specialists of the Conscript Bar Association.
Features of all types of study delays for each category of students from school to graduate school.
By the time of final exams at school, schoolchildren are making plans to receive higher or vocational education. For young men of graduation age, the question also arises, receiving respite from the army legally. Where do you need to get an education in order to exercise your right to reprieve from the armystudy.
Deferment from the army to study at a technical school or college.
You can go to college at the age of 15-16, having completed 9 classes of a comprehensive school. The same is true for high school graduates who have completed a full course of secondary education. All college students in 2017 will enjoy a deferment from military service. For the first category of students, it will operate, as before, until the student reaches the age of 20 years. The second category will be given a deferral until graduation.
Postponement from the army after grade 11 upon admission to a university
Some time ago, military registration and enlistment offices called up school graduates who had reached the age of majority, preventing them from entering a college or university. This hole in the law has been closed and students graduating from school at 18 have the opportunity to enroll.
Deferment from the army after college when entering a university
Deferment from the army for study is one-time. Although there are exceptions to the rule: a master's degree after a bachelor's degree and postgraduate studies. Accordingly, a deferment from the army after a technical school is impossible.
Postponement from the army to study at the university.
In addition to a diploma, studying at a university gives the legal right to deferment from the army. Although this way of obtaining a delay carries several conditions. Admission must be the first, after school and for a bachelor or specialist. Consequently, students who decide to reach new heights by obtaining another higher education do not receive a deferment.
What awaits bachelors when moving to a master's program?
The first scenario looks like this: when a bachelor student decides to continue his studies to a master's degree, he must express his desire to continue his studies in a master's program in advance. Prepare all necessary documents and go through a series of administrative activities. Otherwise, you can end up in the ranks Russian army straight from class.
The second option for the development of events is to continue your studies in the master's program after receiving a diploma in a specialist's degree. Previously, there was such a gap in the law, but in 2017 such a delay does not exist.
Deferment from the army to graduate students.
Nevertheless, it is possible to acquire a legal deferment from the army after a university, for this it is necessary to acquire the status of a graduate student. This deferment is given in any case, regardless of the number of deferrals submitted for the previous period. The time spent on postgraduate studies is approximately 3-4 years. Thus, graduate students finish their studies at about 27 years old and the success of defending a thesis, as a rule, does not play a role.
IMPORTANT! Students and graduate students, correspondence students, need to forget about the possibility of deferring military service, for them it does not exist.
Which educational institution can get a deferral?
With the appropriate certifications and accreditations, the university or college gives its students the legal right to take advantage of the deferment from the army. At the moment of determining your future educational institution, it is extremely important to focus your attention on this moment in order to avoid getting an agenda in the middle of the school year.
Academic leave, transfer to another university.
Designed in compliance with all the nuances and documented by the correct academy, it makes it possible to save the student a respite from the army. The postponement remains for those students who have decided to change their specialty or university, the main criterion for maintaining the right to deferment is that the period of study should not increase by more than one academic year.
If you have any questions about postponing after graduation, you can contact us for a free initial consultation.
While studying at a school, secondary vocational or higher educational institution, a conscript can apply for a deferment, but this right does not apply to everyone. Who can not be afraid of being drafted - I will tell in this article.
Postponement for school
A deferment from the army for schooling is granted to students who are 18 years of age. It is given for the entire period of study, so a student cannot be called up for service either during study or immediately after graduation.
Such a deferment from the army is valid until October 1. By this time, the student, if he plans to continue his education, must go to college or university and apply for the next deferment. If the graduate does not go anywhere, then after October 1 he can be called up for military service.
To receive a deferral of study, the student must provide a certificate from the school or lyceum to the military registration and enlistment office. It must indicate the date, the number of the order for enrollment in an educational institution, the class and the date of graduation.
Help should be:
- registered in the register of official documents educational institution,
- signed by the director or his deputy,
- confirmed by the seal of the educational institution.
Deferment from the army in college and technical school
Students who successfully pass the exams can enter the secondary vocational educational institution. A deferment from the army after grades 9 and 11 upon admission to a college, technical school or college is provided for the entire period of education.
Conditions for obtaining a deferment from the army in a college and technical school:
- To receive a deferment, the student must provide a certificate from the place of study to the military registration and enlistment office. It must indicate the date and number of the enrollment order, the course of study and the date of graduation. The document is signed by the head or deputyleader and certified by a seal.
- A college / technical school gives a deferment from the army only if it has passed state accreditation.
- Deferment from the army must be issued at the military commissariat.
The answer to the question of whether they give a respite from the army after college or technical school has its own nuances. This possibility is not provided, therefore, conscripts who have taken advantage of one deferment may be drafted into the army, even if they enter a university or institute.
How to get a deferment from the army at a university: bachelor's and specialist degrees
If the conscript entered an institute or university, he also has the right to a deferment. It is important to note that a deferment from the army is not provided for distance learning. The right to temporary exemption from conscriptionguaranteed only to those students who entered full-time.
How not to join the army, if you are studying by correspondence, read at.
To apply for a deferment, the student will need a certificate confirming the fact of training. It should indicate:
- date and number of the enrollment order,
- estimated date of graduation from the educational institution,
- current course of study.
With this certificate and registration certificate, recruits need to come to the military registration and enlistment office, undergo a medical examination and receive a decision on granting a deferment. If necessary, the military commissariat may request documents on obtaining a secondary (complete) general education.
Important Points
- Only the military registration and enlistment office can release from conscription, and not the leadership of the university.
- The military department does not give a respite from the army.
- A deferment from the army for a bachelor's degree or a specialist is not granted if the same deferment has already been issued earlier.
How to get a deferment from the army at a university: master's degree
If the conscript has completed a bachelor's degree, he can enter the magistracy and receive another deferment from the army. You can defer military service if three conditions are met:
- the university/institute has passed state accreditation,
- a master student is studying full-time,
- the student entered the master's program immediately after completing the bachelor's degree.
To receive a deferment for a master's degree, a student must submit to the military registration and enlistment office:
- Certificate of form Appendix No. 2, confirming studies at the university. It indicates the number and date of issue, the number of the enrollment order, the specialty code and the date of graduation from the university. The document must be signed by the rector or his deputy and have the seal of the university.
- A copy of the bachelor's degree, certified by a notary or the university that issued the diploma.
Does the second magistracy give a reprieve from the army? No, a graduate will not be able to apply for a second exemption from conscription. You can continue your studies only with admission to graduate school.
Recruit Help Service Reminder:
In the period between the end of a bachelor's degree and enrollment in a master's program, a student can be drafted into the army even if he has a postgraduate leave.
Graduate studies and deferment from the army
After graduating from the magistracy, the conscript can continue his studies by enrolling in graduate school. After her graduation young man One year is given to defend the dissertation.
Postgraduate studies give a deferment from the army if a young person is studying:
- According to programs that have passed state accreditation.
- Full-time education (correspondence postgraduate study does not provide for a deferment from the army).
To receive a deferment, you must provide to the military registration and enlistment office:
- A copy of the diploma of higher professional education. It is certified by a notary or by the signature of the head and the seal of the educational institution that issued the original diploma).
- Help application form No. 2.
- Copy of accreditation.
Does the second graduate school give a respite from the army? The federal law "On military duty and military service" does not provide for a limit on the number of deferrals for second postgraduate studies. A deferment from the army is granted if the graduate has again enrolled in full-time education and is studying under accredited programs.
Postponement after graduation
Getting a deferment after being expelled from a university has an important nuance. According to the federal law "On military duty and military service", a conscript has the right to continue his education, but only if:
- he left on his own initiative,
- the period of study after recovery did not increase.
It is not provided if the student was expelled at the initiative of the dean's office or administration due to academic failure. They can also be drafted into the army if the conscript has expelled on his own initiative, but the period of study after recovery has increased by a year or more.
Second and third deferments from the army
To determine when a conscript can use the deferment again, you need to pay attention to Article 24 of the federal law "On military duty and military service." It states:
"[if] the first deferment from conscription for military service was granted to a citizen in accordance with paragraph seven of this subparagraph, the citizen can again exercise the right to deferment from conscription for military service in accordance with paragraph nine of this subparagraph.
The seventh paragraph should be counted from the phrase "undergraduate programs if the specified students do not have a bachelor's degree." Ninth - "Master's programs." Accordingly, the right to a second deferment is granted if the conscript enters the magistracy after completing a bachelor's degree.
This is not the only case when a conscript can receive a second deferment. The same right is given to young people who:
- They receive a deferment while studying at school, and then enter higher or secondary specialized educational institutions. If an 18-year-old student enters a bachelor's degree, then after receiving a bachelor's degree, he will be able to apply for a third deferment from the army, enrolling in a magistracy.
- They receive a deferment while studying at the preparatory courses, and after their completion they enter a university or institute.
- Graduated from a master's or specialist's degree and entered graduate school.
- Dropped out of graduate school, but then re-enrolled.
The main criterion that allows you to issue a second and third deferment from the army is continuity educational process. Only those students who move to a new stage of education in the year of graduation from the previous one are not taken into the army. The second mandatory condition for obtaining a deferment is studying in an educational program that has state accreditation. If the program (or educational institution as a whole) is not accredited, the recruit will not be granted a deferment. For the second higher deferment from the army is not provided.
How to get a deferment from the army to study abroad?
The military commissariats do not issue a deferment from the army to study abroad, but this does not mean that a young person will not be able to get a higher education at a foreign university. The fact is that Russian citizens permanently residing on the territory of another state are removed from the military register and are not called up for service.
If you are going to get an education abroad, you need to come to the district military registration and enlistment office, inform about your intention and write an application for deregistration. Evidence of moving abroad must be attached to the application: documents on admission to the university, tickets, temporary residence permit and / or residence permit. Documents for foreign language must have a notarized translation. After consideration and approval of the application, the conscript will be deregistered.
Distance learning abroad, if the conscript is on the territory of Russia, does not exempt from conscription. Deferrals cannot be granted in such cases.
With respect to you, Anna Nikolaeva, lawyer of the Conscript Assistance Service.
Despite the fact that spring call will only begin on April 1, people eligible for a deferment need to know in advance about their rights. Moreover, from the first day of the new year 2019, changes to the Federal Law "On military service" began to operate. They primarily affected students, the rest of the list of beneficiaries remained the same. We'll tell you who is entitled to a deferment from the army.
Family circumstances
Most often, young people are interested in this kind of delay, because the agenda always comes at the wrong time. There are several options when a person liable for military service has the right to join the army later:
- If a young man is raising a child on his own (without the participation of his mother), he must submit to the military registration and enlistment office a certificate of cohabitation from the HOA, a certificate of divorce and a court decision. In the latter document, the main functions of education should be assigned to the father.
- A father who has more than two children may also qualify for a deferment. It is given on the basis of a certificate of family composition and birth certificates of children.
- Guardianship may be the reason for the postponement of the draft in the following cases: when caring for brothers or sisters under the age of 18, when a disabled relative is in the care of a young man. It is important that the need for care is documented. In any case, it will be necessary to submit birth certificates and other documents of the wards, as well as a certificate from the HOA on living together. The last form is needed when applying for any deferral for family reasons, as it can be used to prove cohabitation with children or guardians.
- Another reason for the postponement of the moment of conscription is the presence in the family of a disabled child under three years old. In this case, it is necessary to prove disability by the conclusion of a medical certificate, and a birth certificate is also submitted to the military registration and enlistment office.
- The easiest way to prove a delay is if the conscript's wife is pregnant and the period at the time of receipt of the summons is more than seven months (if you count in weeks, then at least 26). At the same time, the family must already have a child under the age of 18, native or adopted. At the recruiting station, you will need to bring a marriage certificate, documents of the child and a certificate from the antenatal clinic with the specified gestational age.
It is best to prepare the necessary certificates and conclusions in advance. However, remember that in any case it is necessary to undergo a medical examination.
After all, only those who can serve in the army for health reasons are transferred to the draft.
"Schedule of diseases"
Every year, before the start of the recruitment campaign, the medical commission publishes a special list called the “Schedule of Diseases”. It contains all the ailments that can cause a delay for a period of six months to 12 months.
After passing a medical examination, doctors can attribute the conscript to one of the following groups:
- young men who cannot serve in the army for health reasons;
- limited fit (can join the ranks of only certain branches of the military);
- temporarily unusable.
The latter are classified as "category G". The duration of the delay in this case is determined according to the current "schedule", which changes regularly.
How many deferrals can a student take
Rescheduling the moment of enlistment for students is one of the most popular types of deferment. It is used by up to 87% of conscripts. This delay may be given several times. Now the age limit for transferring the moment of conscription has been removed from the text of the law. Thus, you can exercise your right:
- pupils;
- receiving primary professional education(in schools, colleges, technical schools);
- university students (when studying for a specialist, bachelor's or master's degree);
- graduate students;
- young men writing a Ph.D. dissertation;
- interns and residents.
In any of the above cases, you must submit a certificate from the educational institution to the military registration and enlistment office. It is important to educational program, according to which the young specialist is being trained, was accredited by the state. Before admission, it is necessary to check the documentation and ask if there is a certificate confirming the program by the Ministry.
At the same time, a young man who used the right to defer at school has the right to postpone the moment of conscription for the duration of his studies at a university or technical school. He will join the army at the moment when he completes his studies and receives a diploma. If a young man graduated from a technical school, he is not given time to enter a university, since in this case higher education is considered second. Previously, a college student was required to join the army if he enrolled after grade 11.
After leaving school, a young man of military age is given a period until October 1 so that he can enter a university, technical school or college. It is necessary to obtain a profession in order to obtain a deferment only in full-time. If an academic leave was needed during the training process, then the transfer of the call for its time will be valid, but only if the time for mastering the profession has increased by less than a year.
The conscript has the opportunity to change his specialty, but the time for transfer from one educational institution to another should not exceed 12 months. During this period, you will need to hand over mismatched subjects and take a certificate from a new educational institution.
The young man has the right to interrupt his studies at will, but he must enter another educational institution to extend the delay within a year. If the development of a professional course was interrupted at the request of the leadership of the educational institution, the young person will be subject to conscription in the next autumn or spring campaign.
Working delays
For the duration of the employment contract, you can postpone the period of conscription into the army if the young man got a job:
- To one of the law enforcement agencies, including customs, the penitentiary inspection, the penitentiary system, the police or one of the departments of internal affairs. Not so long ago, employees of the National Guard units were included in the list of people who can receive a deferment. At the same time, it is important that the conscript has time to receive a professional education before entering the job.
- When registering as a candidate for deputy in elections of any level, the call is postponed until the announcement of the results. Such a delay can be used by those who run for the State Duma, local or regional self-government bodies.
- If the outcome of the elections is positive for the young man (election as a deputy), the call is postponed for the duration of the performance of state duties.
- Service in some state structures (providing fire safety, the Ministry of Emergency Situations, the FSB and others) makes it possible to join the army only after the contract expires. At the same time, it is important that the conscript has a completed higher education.
In many cases, a young person may have time to get a job in state structures to get a reprieve. However, in most cases (except for election as a deputy), he may be denied employment due to the lack of a military ID.
In rare cases, young people fit for military service may be called up later by direct order of the President of the Russian Federation. As the Supreme Commander-in-Chief, the head of state has the right to create a list of names of young men, the moment of conscription for which will be postponed. Such decrees are issued extremely rarely, gifted teenagers and athletes fall into them.