+7 499 460-64-27 RU

MILITARY LAW / 22

The conscription board: deferment, fitness category and challenging the decision

A conscription board decides a whole year of your life in a few minutes. We help you assemble the documents for a deferment or a fitness category in advance, and challenge the decision if it was taken without regard to what you submitted.

Call: +7 (499) 460-64-27
Practice led by
Yury Koval, advocate
Practice block
Conscription, mobilisation, registration
Format
Moscow and remotely across Russia

What is happening

The problem is usually not the law but the paperwork. The right to a deferment exists, on grounds of study, health or family circumstances, but the certificate is drawn up in the wrong form, the diagnosis in the medical record is vague, and the investigation was never completed. The board looks at documents, not at your account of things.

The second pattern is the medical examination. The doctor at the enlistment office examines you quickly, records your complaints briefly and issues no referral for further investigation. A fitness category is assigned without regard to the documents you brought, and the call-up decision is taken the same day.

The third is timing. A board decision can be contested, but the window is short: while the call-up period runs and before you are sent to a unit. Every day of delay narrows the options, so the first step is to obtain an extract from the decision and put your objection in writing.

What the law says

  • The law on military duty and military service (Federal Law 53-FZ) lists the grounds for deferment and exemption. The list is closed: if your ground is on it, the board must take it into account.
  • The fitness category is determined by the medical panel against the schedule of illnesses. Where the investigation is incomplete, you are to be referred for further examination rather than given a category by guesswork.
  • A board decision can be challenged before the regional conscription board or in court. Filing the challenge suspends enforcement of the decision until it is considered.
  • You are entitled to an extract from the board's decision and to copies of the documents in your file, including the medical examination sheet.
  • Evading conscription is a criminal offence. We work only by lawful means: deferment, exemption, challenge, and referral for further examination.
  • At every stage a representative acting under a power of attorney may act with you: requesting documents, filing challenges and appearing in court.

What we do

  • We go through your situation and tell you plainly whether a ground for deferment or exemption exists and what is needed to prove it.
  • We assemble the medical documents so that the board can read them: records, test results and findings from the relevant specialists.
  • We draft applications to the enlistment office: for referral for further investigation, for a deferment, and for an extract from the decision.
  • We challenge the board's decision before the regional board and in court, and seek suspension of its enforcement.
  • We record procedural breaches — examination without your documents, refusal to issue the decision, summonses outside the call-up period — and take them to the prosecutor's office.
  • We accompany you to the board and represent you in court under a power of attorney.

What we need from you

  • Your military identity or conscript document, if already issued, and the call-up notice you received.
  • Medical documents: extracts from your records, test results and specialists' findings on your condition.
  • Documents supporting a deferment: a certificate from your place of study, children's birth certificates, documents on a relative's condition.
  • The extract from the board's decision and the medical examination sheet, if you received them.
  • Any applications you have already filed with the enlistment office, stamped as received.
  • Your passport and confirmation of registered residence.

HOW THE WORK IS BUILT

How the work is built

Consultation

We assess the ground for deferment or the fitness category and identify which documents are still missing.

1 meeting

Preparing documents

We help you complete the medical investigation and put the certificates in a form the board cannot ignore.

1–3 weeks

Dealing with the office

We file the applications, accompany you to the board, obtain the extract from the decision and record any breaches.

during the call-up

Challenge

We contest the decision before the regional board and in court and seek suspension of its enforcement.

court schedule

QUESTIONS

Frequent questions

The board did not look at my medical documents. What now?

Put on record in writing that the documents were submitted, and demand the extract from the decision together with the examination sheet. A challenge then goes to the regional conscription board or to court, and it suspends enforcement of the decision. We prepare the challenge and an application for referral for further investigation.

How long do I have to challenge the decision?

You should act at once, within the current call-up period and before you are sent to a unit. The general limit for going to court over such decisions is three months, but a challenge is practically useful for as long as the decision remains unenforced. So the first step is to get the documents in hand.

My study deferment has ended. Can I get another one?

It depends on the level of study and on whether you have used a deferment before: Article 24 of Federal Law No. 53-FZ of 28 March 1998 on Military Duty and Military Service limits how many are available and in what order. We look at your education history on the documents and tell you whether a further deferment is available and on what ground.

NEXT STEP

Let us discuss your situation

The consultation is free of charge when an engagement agreement is signed: on it we say whether the matter has prospects and how the work would be built.

Call: +7 (499) 460-64-27