"The Law on Electronic Summonses". What has changed?
Main changes affecting companies:
▶ Companies must notify civilians of conscription notices received "in electronic form". Now conscription notices may be sent to organizations in electronic form alone;
▶ Companies must submit information to military enlistment offices "also with usage of "Gosuslugi";
Changes affecting citizens:
▶ Previously, conscription notices could be served only in person, against receipt. Now they can also be sent by registered mail with a delivery notification or "duplicated in electronic form".
▶ Due to the amendments, a new and significant concept has emerged – the moment when the conscription notice is considered served. According to the new law, it is considered to have been served both in case of its receipt and in case of a refusal to receive it. The law also defined the procedure of correct fixation of an employee's refusal to receive a conscription notice.
▶ If sent in electronic form, the conscription notice is considered served from the moment it is posted in the citizen's personal account. The law does not explicitly define which resource is in question – the quote says "in the manner and in the ways that are established by the Government of Russian Federation... on the relevant information resource, in the information system". Most likely, it refers to the portal "Gosuslugi", but this can also include notifications in the personal accounts in the "register of conscription notices".
▶ If the conscription notice could not be served in any way (in person, by mail, in electronic form), it is considered served after seven days starting from the date of its publication in the "register of conscription notices".
What are "temporary measures aimed at ensuring attendance on the conscription notices "?
These are restrictions that are imposed on a citizen for whom a conscription notice has been issued.
What is the procedure provided for in the law
1) From the day when the conscription notice is considered to have been served, a citizen is prohibited from leaving the Russian Federation. Information about this is automatically transmitted to government agencies.
2) If within 20 calendar days a citizen does not appear at the military enlistment office without a valid reason, additional measures will automatically be applied against him:
- Prohibition of registration as an individual entrepreneur or self-employed
- "Suspension of the registration of immovable property for state cadastral registration and (or) state registration of rights"
- Prohibition of driving vehicles and their registration
- "Refusal to conclude a credit or loan agreement"
The subjects of the Russian Federation may establish additional measures "in the form of restrictions on citizens receiving payments, benefits, support measures and other preferences."
When and how the law enters into force:
The law enters into force from the date of its official publication – April 14, 2023. Meanwhile, for the period before the launch of registers, all the novelties of the law, including the sending of conscription notices in electronic form and the application of "temporary measures", are carried out "without the usage of such information systems and resources."
To learn more about the law and ask your questions, please join us on special webinars this Thursday