The right to objection of conscience and military exercise
An increasingly organized organization of military exercises, and thus inviting persons to occur for military exercise to the competent authority, opened the question of the relationship of the right to objection and response to military exercise. At this point, we briefly present the most important information that you need to know how to achieve the law guaranteed the right to objection.
What is the conscience’s objection?
The complaint is being a statement by which the Face shall communicate that the weapons or even servants in the armed forces cannot be accepted from religious, moral or other justified reasons.
The right to objection consists derives from the guarantee of freedom of thought of conscience and religion. This warranty provides the Constitution in Article 43 as well as numerous international documents, including the most important European Convention for Human Rights and Fundamental Freedoms guaranteed this right in Article 9.
In the legal order of our Republic, this right is more closely determined by the Law on Military Work and Material Liability (Article 33), but also a special law, the Law on Civil Service, which is fully dedicated to exercising the right to objection of conscience.
Who can be invited to a military exercise?
Persons in the Spare composition of the Serbian Army may be called on military exercise.
The spare composition of the Serbian Army consists of all persons served by the military service, as well as serving the military service, but the military service laws were registered on the provisions of the Law on Military Land and Materials to the obligation to serve military service Another way. The spare composition also includes women’s faces if they served the army.
Persons needed to be invited to the military exercise, which was replaced by the civil service (so the person who were able to serve the army successfully with the objection of conscience). These persons can only be invited to the exercise of civil protection and other defense forces.
Any objection to the military exercise can be emphasized on the occasion for military exercise?
In short, yes. This right is explicitly provided for in paragraph 3 of Article 3 of the Law on Civil Service. The complaint may not only be noted by persons who have never served the military but also persons who previously served the military regularly. This for the reason what freedom thinks of conscience and religion implies and the right to make personal beliefs.
What is the procedure for the realization of the right to the conscience?
He who wants to point out the objection of the conscience on the call of the military exercise should react immediately after the call received. Namely, the deadline for submitting an objection is 8 days from the date of calling, with the necessary time to collect certain documents, which is submitted in favor of the complaint.
Although the law stipulates that the complaint is submitted on a special form, this form cannot be found on the website of the Ministry of Defense, nor on the website of another state authority. It remains the hope that such a form can be downloaded in the premises of the competent territorial authority of the Serbian Army.
If you do not find it, there is nothing left for you but to submit the request in writing in writing.
With the request, it should be attached:
1) proof of school and other professional preparation and special occupations;
2) a medical certificate proving that it is capable of working;
3) proof that there is no registered weapon in its name and that he has never requested a weapon license;
4) proof that he is not convicted
5) proof that criminal proceedings are not kept against him for the work ex officio.
If you fail to collect all this evidence within eight days, all one complaints form This is to complain with those attachments that you collected, and the competent authority will oblige you to complete the documentation in the subsequent time.
The Civil Service Commission decides on the complaint. The decision of this Commission is possible to declare an appeal that does not delay the execution of the decision, and on the occasion of the decision of the second instance commission, an administrative dispute may be initiated.
Who cannot highlight the conscience objection?
The right to objection is not able to achieve the one:
1) who possessed or possessed permeability to carry or hold weapons;
2) who has submitted or submitted a request to carry or hold weapons;
3) that is fully convicted of a criminal offense, as to official duty as well as for a criminal offense or misdemeanor with elements of violence, which are guided by private lawsuit;
4) dealing with or engaged in sales or repair of weapons or ammunition;
5) against when the criminal proceedings are initiated for a criminal offense that is prosecuted ex officio;
6) which is misdemeanor punished and convicted of causing or participating in riots and fights;
7) if registered as the owner or collector of a fire or trophy weapon;
8) if a member of a hunting, shooting, archery or other club, society or associations, which has the use of cold or firearms in their activities or was in a period of a year before applying;
9) If it is determined that in the submitted request for the civil service, it has given the data for the Civil Service.