Getting Removed from Military Registration via a Power of Attorney Representative
Over this past year, there has been a substantial migration of our compatriots abroad. The law orders citizens subject to military service to have themselves removed from military registration at a military commissariat in the event that the duration of their departure abroad is to last more than 6 months.
Consequently, this begs a question – “How does a citizen get removed from military registration who doesn't plan to return to Russia for more than half a year?”
Unfortunately, legislators haven't developed an approach to resolving this issue that applies to everyone the same.
On one hand, amendments have now been adopted to the Federal law “On military obligation and military service,” which envisage the ability to change register information of those subject to military service via representatives (by the way, the register of those obligated to serve is itself not yet developed).
On the other hand, the rules of the Provision on Military Registration still remain, according to which military registration and removal from military registration must be completely performed personally by the citizen subject to military service.
In practice, each military commissariat approaches this contradiction in their own way. Some military commissariats accept documents for removal from military service via a consular or notarial power of attorney. Meanwhile, others refuse to even accept the form and require the person subject to military service to come in person, citing the aforementioned Provision on Military Registration.
In our opinion, the citizen subject to military service must learn what practice has emerged at his particular military commissariat (or ask us the question). However, if the military commissariat declares that they do not accept documents for removal from military registration via a power of attorney, it's still better to submit them using a representative and get a formal refusal.
These actions may come in handy if they try to charge the military obligated citizen for failure to fulfill their obligation to remove themselves from military registration.
It must be taken into account that the military commissariats themselves should have an interest in accepting notification for removal from military registration in any way, since removed citizens won't have to be sent summonses in the event that mobilization events are conducted.
We hope that practice and the law will arrive at the clear possibility for removal from military registration via representatives.
You can always contact us regarding issues of registration and removal from military registration and, if the military commissariat illegally refuses, appealing the decision in court. Give us a call or send us a message on this issue today!