In accordance with the procedure established under the conditions of the declared in the RA military situation continues the implementation of general mobilization, within the framework of which the conscripts duly come to the places of military service and with honor fulfill their combat missions and duties.
With reference to the above mentioned, with a view to raise public awareness, as well as to warn the RA Military Prosecutor's Office considers it necessary to inform and clarify the following:
Under Article 5 of the RA Law "On Military Service and the Status of a Serviceman" mobilization is a type of military service. Thus, for persons called up for mobilization are envisaged the same rights and obligations, as well as measures of criminal liability as for the main military personnel.
Accordingly, the RA Military Prosecutor's Office warns that under Article 362 of the RA Criminal Code willful abandonment of the military unit or place of service for the purpose of total evasion from military service, as well as, failure to report for service for the same reasons is considered desertion.
The commission of these acts under martial law, during war or military actions is punished by imprisonment for the term of six to twelve years.
Besides under Article 364 of the RA Criminal Code criminal liability is also envisaged for refusal by a serviceman from performing one’s military service or some duties thereof, if this was accompanied with their actual disruption. The commission of these acts under martial law, during war or military actions is punished by imprisonment for the term of five to ten years. Under the conditions of deep and general awareness of the honorable mission of defending the motherland, the RA Military Prosecutor's Office nevertheless considers it necessary to note that a strict criminal-legal assessment will be given to such possible manifestations.
