Who Is Affected By Conscription In Russia-Belarus?

Belarus has a conscription policy that applies to all male citizens aged between 18 and 27. The length of service is 18 months, or 12 months for those with higher education. However, it is unclear if this policy applies to Russian citizens living in Belarus. Some sources suggest that Belarus does not recognize dual citizenship, which may mean that Russians living in Belarus with dual citizenship may be subject to conscription. However, other sources indicate that dual citizens living abroad can avoid conscription by obtaining a PP-series passport, which indicates that the individual resides outside of Belarus. Overall, the application of conscription to Russians living in Belarus remains ambiguous and may depend on various factors such as residency status and citizenship recognition.

Dual citizenship and conscription

Dual citizenship, or multiple citizenship, is when an individual holds citizenship in two or more countries. This can occur when an individual is born in a country that follows the jus soli ("right of the soil") principle, while their parent(s) are citizens of a country that follows the jus sanguinis ("right of blood") principle. In such cases, the child may obtain dual citizenship by birth.

When it comes to conscription, the laws and regulations vary depending on the countries involved. Here are some considerations regarding dual citizenship and conscription:

Legal Obligations and Requirements:

Different countries have different laws regarding conscription and the obligations of their citizens. It is important to consult the relevant embassies or governmental sources to understand the specific requirements and obligations for each country of citizenship. In some cases, dual citizens may be subject to compulsory military service in one or both of their countries of citizenship.

Choosing or Renouncing Citizenship:

In some countries, dual citizens may be required to choose one citizenship over the other, especially when it comes to military obligations. For example, male dual citizens of a particular country may need to choose their citizenship before reaching the age of mandatory military service. Renouncing citizenship can be a complex process and may have legal implications, so it is important to be well-informed about the specific requirements and procedures.

Travel and Residency Restrictions:

Dual citizens should be aware of any travel or residency restrictions that may be imposed by their countries of citizenship. For example, during times of conscription or military mobilization, some countries may restrict the ability of their citizens to travel or reside abroad. Failing to comply with these restrictions may result in legal consequences, including criminal charges.

Conscientious Objection:

Conscientious objection is the right of individuals to refuse military service based on moral, ethical, or religious beliefs. However, the regulations surrounding conscientious objection vary across countries. Some countries may recognize this right, while others may not. It is important to understand the specific regulations and procedures for conscientious objection in each country of citizenship.

Seeking Legal Advice:

Given the complexity of citizenship laws, military obligations, and conscientious objection regulations, it is highly recommended that dual citizens seek legal advice from experts familiar with the relevant laws and procedures. This can help ensure that individuals are well-informed about their rights, obligations, and any necessary procedures to follow.

In summary, dual citizenship and conscription are complex issues that vary depending on the countries involved. It is important for dual citizens to be aware of their legal obligations, travel restrictions, and the potential consequences of their actions. Seeking expert legal advice can help ensure that individuals make informed decisions regarding their citizenship and any associated military obligations.

Exemptions from conscription

Belarus has compulsory military service for all citizens assigned male at birth between the ages of 18 and 27. However, there are some exemptions and deferments from conscription that apply in certain circumstances. Here are the details:

Exemptions

• Alternative Civilian Service: Citizens who have completed alternative civilian service are exempt from conscription. This alternative service is available to those who declare that taking the Military Oath, wearing and using weapons, and directly participating in the production, maintenance, and use of weapons and military equipment are contrary to their religious beliefs.
• Medical Grounds: Individuals deemed unfit for military service due to specific medical conditions are exempt. This includes those with certain physical disabilities or health issues.
• Family Circumstances: Individuals with specific family responsibilities may be exempt. For example, those who are the sole custodian of an underage sibling or those with two or more children.
• Academic Degree Holders: Individuals with academic degrees are exempt from conscription.
• Criminal History: Individuals with a criminal record or under investigation for a crime may be exempt.

Deferments

• Medical Reasons: Temporary deferment of up to one year is granted for medical reasons.
• Nursing and Assisting: Individuals who are the primary caregivers for incapacitated relatives or disabled children may be eligible for deferment.
• Pregnant Spouse: If an individual's wife is pregnant, they may be granted a deferment.
• Public Agency Employment: Employment in certain public agencies or organizations may qualify for a deferment.
• Education: Students enrolled in secondary or tertiary education institutions may be granted deferment for the duration of their studies.

Russia also has a conscription system, and while I couldn't find definitive information on whether Russians living in Belarus are subject to conscription in Russia, here are the exemptions and deferments for Russian citizens:

Exemptions

• Previous Service: Russian citizens who have previously completed military or alternative civilian service are exempt from conscription.
• Medical Grounds: If a citizen is deemed unfit for military service by a medical board, they are exempt.
• Family Circumstances: If a citizen's father or brother died during their military service, the citizen is exempt.
• Academic Degree Holders: Individuals with academic degrees are exempt from conscription.
• Criminal History: Individuals with a criminal record or under investigation for a crime may be exempt.

Deferments

• Medical Reasons: Temporary unfitness for military service due to medical reasons can lead to a one-year deferment.
• Family Responsibilities: Individuals with specific family responsibilities, such as caring for an incapacitated relative or having custody of underage siblings, may be granted a deferment.
• Pregnancy of Spouse: If a citizen's wife is over 25 weeks pregnant, the citizen may be granted a deferment.
• Multiple Children: Having two or more children can result in a deferment.
• Public Service: Employment in certain public agencies or organizations may qualify for a deferment.
• Education: Students enrolled in secondary or tertiary educational institutions may be granted deferment for the duration of their studies.
• Elected Office: Representatives in government bodies or heads of municipal entities may receive a deferment for the duration of their service.

Conscientious objection

In Belarus, only those with a religious pacifist objection can apply for alternative civilian service, and alternative service is twice as long as military service.

In Russia, the right to conscientious objection exists, but an application for conscientious objection is only possible until conscription. There is no right to conscientious objection for reservists and former soldiers.

Belarus

In Belarus, all young men must complete 18 months of military service between the ages of 18 and 27 (12 months for men with higher education). After that, men can be called up for an annual reservist exercise.

The law states that only young men with a religious pacifist objection can apply for alternative civilian service. Alternative service is twice as long as military service (36 months in general or 24 months for people with higher education). And those performing civilian service receive lower remuneration than those performing military service.

Draft, or military service, evasion and desertion are punished under Articles 435, 437, 445, 446, and 447 of the Criminal Code. Evading conscription is punishable by a fine or up to three months in prison. If it is committed after the imposition of an administrative penalty, the punishment is a fine or imprisonment of up to two years. Desertion and evasion of military service by mutilation or other means is punishable by imprisonment of up to seven years.

Russia

The right of every citizen to refuse military service is recognised in Article 59 of the 1993 Constitution. In 2002, the federal law "On Civil Alternative Service" was passed, which gives citizens the right to apply for alternative service. The duration of alternative service is 18 months.

However, persons serving in the military, whether as conscripts or professional soldiers, cannot apply for conscientious objection. The law provides for a proceeding by which an application for alternative service must be submitted to a military commissariat six months before the conscription campaign in which the applicant is expected to be drafted into the army. Most applications are rejected because this deadline has been missed. In addition, the applications are examined by committees of the military commissariats.

Draft, or military service, evasion and desertion are criminally prosecuted. Evasion of military service is punishable by a fine, three to six months in prison, or up to two years in prison (Article 328). Desertion is punishable by imprisonment for up to seven years, and up to ten years in the event of armed conflict or in the case of collective desertion (Article 336). Escape from a unit is punishable by imprisonment for up to six years or imprisonment in disciplinary battalions with a prison sentence of up to two years (Article 337).

Evasion and punishment

In Russia, avoiding the draft is a felony under the Russian Criminal Code and is punishable by up to 26 months in prison. Russian law provides some grounds for temporary postponement of and permanent exemption from military draft, for example, it is written into law that students in higher education obtain deferments.

Historically, evading the draft in Russia has been relatively easy. All those who wanted to avoid military service needed to do was avoid receiving a paper draft notice. This could be done by moving without updating your address with the authorities so that the notice couldn't be delivered. However, new legislation has closed this loophole by deeming the draft notice served a week after it has been posted online on a government website.

In Belarus, draft, or military service, evasion and desertion are punished under Articles 435, 437, 445, 446, and 447 of the Criminal Code. Evading conscription is punishable by a fine or up to three months in prison. If committed after the imposition of an administrative penalty, the punishment is a fine or imprisonment of up to two years. Desertion and evasion of military service by mutilation or other means is punishable by imprisonment of up to seven years.

For those with dual citizenship, it is recommended to avoid travelling to Belarus with a Belarusian passport, as the country does not recognize dual citizenship. If you have two passports, Belarusian and another, you are considered a Belarusian citizen first. It is also recommended to avoid travelling to Belarus until you are 27 years old, as that is the upper age limit for conscription.

Belarusian military structure

The Armed Forces of Belarus consist of the Ground Forces and the Air Force and Air Defence Forces, all under the command of the Ministry of Defence. The Belarusian People's Republic did not have time to create armed forces during its brief existence from March 1918 to 1919. However, in 1991, the Supreme Soviet of Belarus passed a resolution to form the Armed Forces of the Republic of Belarus, and the Defence Ministry was established in 1992.

The Ground Forces were founded on the same day as the Defence Ministry, and by 1994, they had over 50,000 troops, most of whom were former soldiers of the Soviet Army's Belorussian Military District. In 2001, the Ground Forces underwent a major reorganisation, producing two operational-territorial commands: the Western Operational Command at Grodno and the North Western Operational Command at Barysaw. The Ground Forces headquarters was abolished during a reorganisation in 2011 and replaced by combat training and territorial defence directorates.

The Air Force and Air Defence Force of Belarus (AF & ADF) consist of two fighter/interceptor bases, four FGA/reconnaissance squadrons, one transport air base, training aircraft, attack and support helicopters, and SAM units. The Air Force now has two commands: the Western Operational-Tactical Command and the North-Western Operational-Tactical Command.

In addition to the Ground Forces and the Air Force, there are also the Territorial Forces, the Special Forces, the Transport Troops, and the Internal Troops. The Special Forces have been deployed in conflicts such as the United Nations Interim Force in Lebanon and the Libyan Civil War in 2011. The Transport Troops are responsible for the movement of personnel and material by truck, rail, and air. The Internal Troops were formed from the former Soviet Internal Troops after the collapse of the Soviet Union.

The Belarusian armed forces have limited capability and are undermanned, with outdated equipment. However, as Russia's only ally on its western border, Belarus would play a critical role in the event of a Russia-NATO conflict.

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