The Constitution of the Russian Federation provides for the right of citizens to appeal against actions (inaction) and decisions of state authorities and their officials, as well as local self-government bodies. This rule also applies to the decisions of the draft board.
Instructions
Step 1
The right to appeal against the decisions of the draft commission is enshrined in paragraph 7 of article 28 of the Federal Law "On military duty and military service", which states that a complaint can be filed with a higher draft commission (administrative procedure) or a court (judicial). An appeal to a higher conscription commission does not prevent the subsequent appeal of the same decision in court.
Step 2
The administrative procedure for appealing the decisions of the draft board provides for the appeal of a citizen who does not agree with the decision made to the draft board of a constituent entity of the Russian Federation. This method of appeal is provided for by the Federal Law "On the Procedure for Considering Appeals of Citizens of the Russian Federation", which sets out the requirements for a written complaint.
Step 3
First, indicate in it the name of the appropriate draft board, to which the written appeal will be sent, your last name, first name, patronymic, address. In the absence of information about the applicant, a response to the complaint is not given, since anonymous messages are not subject to consideration. In the text of the complaint, describe the essence of the appeal, the list of documents attached to it in support of your arguments. The complaint must be signed by you personally.
Step 4
Consideration of a complaint is not subject to a state fee. The law does not provide for a time limit for an administrative appeal, therefore, it is possible at any time after the appealed decision is made. Consideration of the complaint is carried out within five days from the date of receipt of its conscription commission.
Step 5
In the event that you disagree with the decision made by the draft board of the constituent entity of the Russian Federation, you have the right to appeal it in court. For this, it is necessary to submit an appropriate application, in which it will also be necessary to describe the disputable situation that has arisen. The application should be accompanied by the decision of the draft board, as well as evidence confirming the validity of your claims. The application to the court must be made within three months from the date of the decision, which you are going to appeal. Consideration of the application is carried out within ten days.
