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    Categories: 2023

Draft dodgers in Armenia can avoid prison by paying $37,000

Dec 12 2023
  • JAMnews
  • Yerevan

Fee for evasion of military service

Armenian citizens who evade military service will be able to pay 15 million drams (just over $37,000) to the state budget and avoid criminal liability. The parliament of Armenia approved this initiative by the ruling party in the first reading. “Only the deputies of the ruling majority voted in favor. The opposition abstained, as they consider such steps a loophole for evasion of service.”

If the initiative is approved in the second reading, it will affect “men over 27 years of age who have evaded compulsory military service.” Under current law, they can no longer serve in the army and will be criminally liable if they return home.

“Our goal is to give these men an opportunity to be useful to their state, i.e. to serve in the army and/or pay money to the budget, instead of getting a term and becoming a burden on the state,” author of the project Hayk Sargsyan said.


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The legislative package “On Amendments and Additions to the Law on Military Service and Status of Servicemen” and “On Amendments to the Criminal Code of the Republic of Armenia” was presented by Hayk Sargsyan, MP of the ruling party.

Citizens aged 27-37 are offered the following opportunities:

  • to undergo military service – all 24 months and pay nothing,
  • serve 12 months and pay 2.5 million drams ($6,250) to the state budget,
  • serve 6 months and pay 5 million drams ($12,500) to the state budget,
  • serve 1 month and pay 10 million drams ($25,000) to the state budget,
  • pay 15 million drams ($37,500) to the state budget and not serve.

By taking advantage of any of the proposed options, those who evade military service will avoid criminal liability.

According to the current legislation, “male citizens aged 18-27 must undergo compulsory military service for a period of 2 years”. The penalty for evasion is imprisonment.

A criminal case is immediately initiated against those who evade the next call-up for military service. It is terminated only if the draftee voluntarily appears and undergoes service until he reaches the age of 27. According to the statute of limitations, prosecution is terminated after he turns 37 years of age.

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This was stated by MP Hayk Sargsyan while presenting the package of amendments. He reminded that those who have already turned 27 would not be able to serve even if they want to.

According to him, until 2019, the law “On citizens who have not completed compulsory military service in violation of the established order” was in effect. According to this law, 200,000 drams ($500 at the current exchange rate) could be paid for each missed draft. It was used by about 10,000 men.

In 2021 an amnesty was announced, as a result of which 1,360 conscripts were exempted from criminal liability.

“If the regulations I proposed had been adopted then instead of the amnesty, we would have had an additional 10 billion drams ($25 million) in the state budget and more than 1,000 soldiers in our armed forces,” Sargsyan said.

He does not consider amnesty or imprisonment of 2 to 5 years the right solution. He is convinced that “the country does not benefit from it, on the contrary it spends a lot of money to find, convict and keep these people in custody.”

The author of the initiative believes that if the law is passed, many will return home, the country’s armed forces will be replenished, and additional funds will reach the state budget.

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The parliamentary opposition agrees with the ruling majority that there is a problem that needs to be solved. But it finds the proposed solution problematic.

“The fundamental problem is that a loophole is proposed that allows one not to serve and then pay off with money for the debt to the Motherland,” opposition MP Tadevos Avetisyan said.

In his opinion, the legislative package also contradicts the constitutional system of the country, as Armenia is a social state:

“You can’t say: if you are not secured, you don’t have money, you should either be tried or you will serve, but if you have money, please pay and move on.”

Avetisyan said that such “anti-social approach cannot be brought to the level of law” as it contradicts moral and universal values.

Meanwhile, deputies of the ruling faction say that the presented bill is not a loophole at all, but an opportunity to serve. They emphasize that there can be no universal solution that will satisfy everyone. They say that they are ready to make the necessary amendments before the second reading and final approval of the legislative package.

https://jam-news.net/fee-for-evasion-of-military-service-in-armenia/

Karlen Baghdasarian: