Defending Yourself Against the New Russian Conscription: A Q&A with Lawyer Arseni Levinson

WOZ: Mr. Lewinson, civil service has existed in Russia since 2004. You yourself refused military service ten years ago. Now does that protect you from being drafted into the army?

Arseny Lewinson: I always carry my notice of community service with me to be on the safe side. Unfortunately, the mobilization law does not provide for automatic exemption from conscription for recognized conscientious objectors. I was involved in a case of my colleagues in St. Petersburg: Pawel Muschumanski had done his community service in 2019-2020. At the beginning of the partial mobilization, he received a draft notice and reported to the military commissariat with a clear conscience. He was drafted that same day; only a week ago we fetched him from the barracks. The court found that his draft was illegal and unconstitutional – a rare achievement.

So conscientious objectors can be drafted?

Actually not for combat troops, at most for carrying out civilian activities.

Last week, the Duma passed an amendment to the law that provides for the central collection of data on conscripts and allows electronic draft notices. How does this affect draft evaders?

Under the old rule, an appeal could be lodged against a regular convocation. As long as no decision had been made, conscription to military service was considered unlawful. Now a convocation is automatically final – even if someone contests it in court. If someone submits a civil service declaration, everything in this regard remains the same because the civil service law has not been changed.

Human rights organizations are sounding the alarm about the change in the law – and are recommending conscripts to leave Russia as soon as possible. How do you see it?

It seems to me that there are enough voices in favor of leaving the country. But such statements paralyze those who remain. They then believe that they either have to leave the country or join the army. When we present them with this alternative, we rob them of the strength, hope and tools to take a different approach. It still makes sense to stand up for the right to conscientious objection here.

Who is currently being drafted into the army? And is the change in the law already taking effect?

The conscription phase for regular military service runs from April 1st to July 15th. Reservists are not currently being called up as part of the partial mobilization. The “Call of Conscience” project, which advises conscientious objectors, has received thousands of inquiries every month since partial mobilization began. Since it was officially declared over at the beginning of November, there has not been a single confirmed call-up. Personal data is currently being updated, which may be used to prepare for a new wave of mobilization. The new digital register for central data collection should be ready for use by autumn.

Can anyone who is subject to convocation by mid-July receive a digital notification now?

Yes, but as long as the digital central register has not yet been set up, this can only be done via the state online portal “Gosuslugi”. According to the law, the digital draft notice must be delivered at the same time as registered mail or in person. But it can be assumed that in practice no written decisions will be made. What is highly problematic about the law is that conscripts who do not appear for the medical examination are automatically deprived of certain rights: driving licenses are restricted, loans cannot be taken out and the like. Such drastic measures are unprecedented in the Russian legal system.

How can you still defend yourself against a military operation?

You can apply for community service, and you don’t even have to meet the specified deadlines. If rejected, an appeal can be filed. I have succeeded in appealing three cases since the beginning of the war, but my colleagues have achieved many more successes. Of course, it can happen that the military commissariats try to collect applicants immediately. Then you have to resist the medical examination, don’t sign anything. But there is always a risk – and it is becoming increasingly risky. Last year, however, there was much more panic; Unfortunately, people are getting used to the new conditions.

Does that also work in principle for those who are summoned to the draft as part of the partial mobilization?

In the last year, hundreds of people have applied for community service according to our recommendations, have not come to the examination and mostly got through. The official replies often contain a reference to the fact that no corresponding law has existed so far.

And what about recruiting volunteers?

Due to the change in the law, the group of people for the conclusion of contracts is expanding. It used to require a professional qualification, but now it is enough to have completed the ninth grade and come of age. Also, a three-month basic training in the army is no longer a requirement. Regularly called up conscripts can opt for a contract as a career soldier on the very first day and be sent to the front without any preparation. The sums of money offered are tempting for young people from poor regions. Army enlistment works like a promise to earn many times more from drug deals than any other job.

Is it possible to cancel the contract with the army?

Currently only for three reasons: unfitness for military service, reaching the age limit of fifty for members of the army without officer rank or being sentenced to imprisonment. One of my clients, a contract officer, was recently sentenced by a military court to two and a half years in prison for refusing to continue with the special operation after his leave. He had previously fought at the front for five months. The charge was insubordination during an armed conflict, a criminal offense introduced last September. If the refusal occurs in the combat zone, the maximum sentence is ten years, otherwise three years.

How do you assess the future prospects for conscientious objectors?

Anyone who is subject to partial mobilization as a reservist must be aware that even if they demand their rights, these can be curtailed as a result, or criminal prosecution can be threatened. Anyone who resists at the front has practically no chance of getting off scot-free.

Before the war, Arseni Levinson (32) worked for various human rights initiatives, including Citizens and the Army and Soldiers’ Mothers. Today, as a freelance lawyer, he supports people who reject military service out of conviction. Levinson lives in Moscow.