A decision of the conscription commission regarding a pre-conscript often determines the following months and years of a person's life: call-up for compulsory military service, deferral of call-up or release each change a person's plans in a different way. It is precisely for this reason that the law creates a second instance — the central conscription commission, before which a decision of the local conscription commission can be appealed. This service is intended for those who wish to have their dispute examined competently, on the basis of documents and in the manner prescribed by law.
We assist with the legal analysis of the decision, the reasoning of the complaint and the preparation of the necessary documentation. The success of an appeal largely depends on how precisely it is substantiated that the commission failed to take specific circumstances into account or applied the law incorrectly.
The Conscription Commission: Establishment and Competence
For call-up to compulsory military service, a municipal conscription commission is established locally, and in the districts of Tbilisi — a district conscription commission. The composition of the municipal conscription commission is approved by the mayor of the respective municipality, and in a Tbilisi district — by the head of the district. This determines who is responsible for the work of the collegial body whose decision becomes the subject of the complaint.
During the call-up, the conscription commission, within its own competence, is empowered to adopt, with respect to a pre-conscript, one of the following decisions: on call-up for compulsory military service, on deferral of call-up, on release from call-up or on release from military duty. Each of these decisions is an individual administrative-legal act whose lawfulness can be verified.
What Can Become the Subject of an Appeal
A complaint may concern both the substance of the decision and the procedure by which it was adopted. In practice, the most frequently disputed matters are:
- the commission's incomplete consideration of medical or other documents;
- incorrect assessment of the grounds for deferral or release;
- the decision having been taken beyond the commission's competence;
- violation of procedural requirements in the adoption of the decision.
In an appeal it is important to define precisely what the subject of the dispute is and by what documentary evidence each circumstance will be substantiated. General dissatisfaction with the commission is not a ground for a complaint, whereas a concrete and substantiated argument is.
The Central Conscription Commission
The central conscription commission is established, and its composition and rules of activity are determined, by a decree of the Government of Georgia. By the same decree, a permanent military-medical expert commission is created at the central conscription commission and its composition is determined. The central commission includes a chairperson, a deputy chairperson, members and a secretary; among the members are representatives of state agencies — the Prosecutor's Office, the ministries of regional development and infrastructure, defense, internal affairs, health, education, justice and other agencies — while, where necessary, representatives of public organizations and other persons may be included in the commission.
It is precisely the government decree that determines the detailed rules of the central commission's activity, including how decisions of the local conscription commission are examined. The law does not regulate these details directly, so the preparation of a complaint necessarily requires familiarity with this normative act and strict compliance with the rules it contains.
The Basis and Organization of Call-up
The basis for call-up to compulsory military service is a decree of the Government of Georgia, the draft of which must take into account the requirements of the Ministry of Defense, the Special Penitentiary Service, the State Protection Special Service, the State Security Service and the Ministry of Internal Affairs. The mayor of the municipality is responsible for organizing the call-up of citizens, and in the municipality of Tbilisi — the head of the Tbilisi district.
These circumstances also matter in appeals: sometimes the dispute concerns precisely whether the call-up measure itself is lawful or whether its organization has been violated. In such a case an analysis of the acts on which the call-up is based is also required.
The Appeal Procedure and Our Assistance
The law does not directly establish the time limits and the detailed algorithm for appealing to the central conscription commission: these rules are determined by the government decree and by administrative legislation. Accordingly, strict compliance with the time limits and formal requirements is essential for a successful complaint. Our service includes:
- legal analysis of the conscription commission's decision and assessment of the prospects of the dispute;
- preparation of the complaint and of the attached documentation;
- representation at the hearing before the central conscription commission;
- where necessary, planning of further avenues of appeal in the manner prescribed by legislation.
If a decision of the conscription commission contradicts your rights, the response must be timely: missing a deadline often becomes the reason for losing the right to have the complaint examined. Contact us — we will assess your case, define the subject of the dispute and prepare a well-substantiated complaint.