Citizens of draft age can receive a certificate from the military registration and enlistment office if there is a deferral, as well as during periods when there is no valid decision of the draft board regarding them. In some cases, the issuance of a certificate has to be required through the court.
A certificate from the military registration and enlistment office for men of military age is usually required to obtain a passport. This certificate confirms that a particular citizen at the time of its issuance is not obligated to perform military service. As a rule, the military registration and enlistment office issues the specified document without any problems only if the applicant has a military ID or a valid decision of the draft board on granting a deferment from conscription, the period of which has not yet expired. In other cases, employees of most commissariats refuse to issue a certificate to citizens, citing their obligation to perform service.
To whom is the military registration and enlistment office obliged to issue certificates?
According to the law, the military commissariat is obliged to issue a certificate in an approved form to any person of military age, in respect of whom there is no valid decision on conscription. At the same time, the presence or absence of a deferral is not decisive, since in the absence of this decision, a citizen is not actually obliged to undergo military service at the time of applying for a certificate. That is why it is recommended to contact the military commissariat for this document in those periods that do not coincide with the time of the autumn and spring conscription. In this case, there will probably not be a valid decision on conscription, since all decisions of the conscription commission are canceled at the end of the autumn or spring conscription in which they were adopted.
What to do if the recruiting office workers refuse to issue a certificate?
Despite the absence of legal grounds for refusing to issue a certificate, officers of the military commissariat usually try by all means to prove to the applicant that they are not obliged to provide him with the relevant document. In support of such a position, various internal instructions are often cited, which contradict the current legislation and cannot be the basis for making decisions. For a citizen in this case, the only way out is to go to court with a claim to compel the military commissariat to issue a certificate. In this case, the application should be accompanied by evidence of the actual application for this document, the refusal of the military enlistment office to issue it. If a citizen is really obliged to perform military service, then it is recommended to participate in the trial through a representative, since the process can be delayed, and at the beginning of the next conscription period, the applicant's summons can be served directly in court.
