Deputies of the Parliament of Bashkiria took the initiative to ban advertising of legal and consulting companies that provide services to conscripts. The legislators propose to amend the federal legislation accordingly, since “aggressive advertising of services for evading military duty” provokes citizens to commit acts punishable in criminal and administrative order. Market participants warn that this may result in a restriction of legal activities aimed at protecting the rights of citizens.
Deputies of the Kurultai of Bashkiria propose to establish a legislative ban on advertising of legal, consulting and medical services related to exemption from military service. Corresponding amendments to the federal law “On Advertising” were developed by members of the committee of the parliament of the republic on state building, law and order and judicial issues. In the near future, the bill will be submitted to the State Duma, where, as expected, it will be presented by United Russia deputy Rafael Mardanshin.
“The information space is filled with aggressive advertising of the services of commercial structures to evade military duty,” the explanatory note to the document says.
This, according to the authors of the amendments, “provokes individual citizens to commit acts punishable under criminal and administrative procedures.” The legislative initiative is aimed at limiting “the negative impact of such structures on the process of military conscription.” “We propose to ban such advertising in order to limit its negative impact on citizens liable for military service and on the course of the draft campaign,” commented Konstantin Tolkachev, speaker of the Bashkirian parliament, on the initiative.
The network contains resources that, as an aid to recruits, offer the services of experts in obtaining a deferment from the draft, for example, as a result of an appeal against the decision of the draft board, as well as other legal advice or the opportunity to use an independent military medical examination, and so on.
The cost of the minimum package of services, which includes a deferment for one conscription period, is on average 25 thousand rubles, and the maximum is about 100 thousand rubles.
Recall that the current version of the Code of Administrative Offenses of the Russian Federation provides for sanctions for violators of the law “On Advertising”. Thus, for individuals, the fine ranges from 2,000 to 2,500 rubles, for officials – from 4,000 to 20,000 rubles, for legal entities – from 100,000 to 500,000 rubles.
“Advertising ways to avoid conscription is widespread: cars with similar banners are literally parked near recruiting stations,” Vladimir Nagorny, head of the Bashkirian Kurultai committee on state construction, told Kommersant. “Their services are to find, they believe, a legal way to avoid conscription. The first way can be characterized as abuse of the right. On the advice of such lawyers, the recruit will appeal the decision of the draft commission in court, and even if he loses, by that time the draft campaign will already be over. The second method is friendly independent medical commissions, which find a disease in the conscript that exempts him from service. Lawyers do not hesitate to talk about this method.
State Duma deputy Rafael Mardanshin told Kommersant that he is not yet familiar with the initiative, but sees a “reasonable grain” in it: “Some fellow citizens, succumbing to advertising, agree to the proposed schemes, which are either on the verge of the legal field, or outside it” .
“Incorrect” calls the initiative of the Bashkir deputies the head of the company “Your call” Gleb Ivanov. “We protect conscripts from violation of their rights on the basis of the current legislation,” he assured. “If we follow the logic of the authors of the bill, we can generally ban advertising of lawyers who protect the interests of citizens.”
“Before the start of the SVO, the activities of law firms providing legal assistance to conscripts did not raise any questions,” recalled lawyer Aidar Khyzyrov. The expert emphasized that law firms “do not sell military tickets”: “If a conscript does not suffer from a disease that exempts him from military service, lawyers cannot invent it.”
“The legislators propose to ban the advertising of legal activities for the provision of information and consulting, legal services,” Timur Yakupov, partner of the law firm BashGurd, supported. punishable under criminal and administrative law. If there is a crime in the activities of such organizations, this is a reason for checking by law enforcement agencies.”
Vladimir Trignin, chairman of the Moscow Military Bar Association, said that the FAS and its regional departments made a number of decisions against organizations that guaranteed a military ID or deferment. “The bill is probably due to the fact that to simplify the ban on advertising by unscrupulous market participants. Therefore, there is a rational grain in the bill, – Mr. Trignin noted. – However, it is necessary to separate qualified legal assistance from fraudulent services. I hope the amendments will be well-formed and will not prohibit advertising of legal aid in general, as this will be a violation of the rights of citizens.”