Appealing the Decision of the Draft Board as a Way to Avoid Military Service

A historical and legal analysis of Article 328 of the Criminal Code of the Russian Federation shows that over the course of thirty years of application of the Russian criminal law, the dispositions of parts one and two of the aforementioned articles have remained unchanged, and the sanctions have been adjusted three times. Therefore, Article 328 of the Criminal Code of the Russian Federation can be considered an illustration of the principle of stability of the criminal law norm. A study of statistical data on the number of convicts allows us to conclude that in the vast majority of cases, conscripts are held accountable under Part 1 of Article 328 of the Criminal Code of the Russian Federation. The literature notes that the most common method of this crime is failure to appear on a summons to the military commissariat. The doctrine of criminal law and the explanations of the Supreme Court of the Russian Federation do not pay attention to the growing popularity in recent years of such a method of evading military service as abuse of the right to appeal the decision of the draft commission. In each case, the question of the possibility of evaluating such actions under Article 328 of the Criminal Code of the Russian Federation should be approached individually, since it is important not to upset the balance of private and public interests. If the draft commission of a constituent entity of the Russian Federation or the court did not overturn the decision of the draft commission, you need to carefully understand the reasons for such a refusal.