Who Will Opt for Paid Exemption From Military Service?”

Armenian citizens aged 27-37 who had evaded military service now have an opportunity to be absolved from criminal prosecution. However, opponents of the law question the extent to which this amendment will serve its intended purpose and how many of those who left Armenia to dodge mandatory service will return.

Previously, men who reached age 27 without serving in the military had just one alternative –– a maximum of six years in prison. The new law, which came into effect on February 10, allows them to either serve in the military for two years or pay 15 million AMD (approximately $37,000 US) to be excused from service. 

The bill providing this alternative was adopted by the National Assembly in its second reading on January 16. It passed with 61 votes in favor, 27 against, and six abstentions, leading to additions and changes to the Law on Military Service and the Status of Servicemen. 

With this new law, citizens wanted for evading military conscription have several options to avoid criminal prosecution: they can pay 2.5 million AMD (approximately $6,200) and serve for 12 months, choose six months of service by paying five million AMD ($12,400), or opt for one month of service for eight million AMD ($19,900).

Beneficiaries of the Law

The amendment stipulates that rank-and-file military service is mandatory for anyone who became an Armenian citizen after turning 27. It also applies to those up to 37 years old who have served in the military or undertaken alternative service in another country for less than 12 months.

“With these changes, clause 1.1 of Article 19 of the law applies to those who obtained Armenian citizenship after the age of 27,” explains lawyer Narine Shelelenkyan. “Clause 1.2 applies to all citizens of Armenia who have turned 27 years old but have not served and voluntarily choose to enlist before they turn 37. One of these options will be available to them.”

Contrary to public expectation, the legislative amendment does not allow Armenian citizens aged 18 to 27 to pay for exemption from military service. Instead, it only applies to those who have evaded military service.

Shelelenkyan acknowledges it is premature to discuss the repercussions of the law’s implementation. However, she expresses concern over potential conflicts within close personal relationships, and the division of servicemen into those with and those without money.

“The aspect of commonality will cease to exist; previously, whether you were the son of a millionaire or had no money at all, not paying made no difference. Now, there will be a military unit where everyone knows these ten people paid to be here for a month. There are significant concerns about how these personnel will be treated and what issues may arise,” says Shelelenkyan.

Beneficiaries of the law will be listed in the reserve with regular servicemen who have completed their military service. In other words, a citizen discharged from service in exchange for money will still be required to attend the reserve’s next training.

Alternatives to Penalties

There are no official statistics on those who have evaded mandatory conscription. The Investigative Committee declined to disclose the number of citizens facing criminal charges for this reason. However, during the law’s discussion, Hayk Sargsyan, an MP from the ruling Civil Contract faction and author of revisions to the Law on Military Service and the Status of Servicemen, revealed that approximately 5,000 citizens aged 27 and older who have dodged military service are currently facing criminal proceedings. 

Instead of having 5,000 convicts, the MP wants to offer alternatives through his proposed amendments. The proposed regulations according to the justification of the amendments are expected to have the following outcomes:

“Numerous young people, many with families, will return to their homeland for permanent residence, bringing financial resources they have accumulated in foreign countries, from which investments will be made; they will be engaged in work, and new jobs will be created. Those young people who will not relocate to Armenia permanently will, at least as tourists, frequently visit their homeland without hindrance.”

In addition, the justification of the law also states that if citizens who have reached the age of 27 are not given this opportunity, then according to current regulations, they will not be able to return to their homeland until they reach the age of 37, because that is when the statute of limitations for criminal prosecution expires. However, the bill’s author believes that due to persistent fears of criminal liability, few will want to return, and those who do will not serve in the Armenian Armed Forces or contribute to the national budget.

“In other words, if all of them are found or come forward, we will have 5,000 convicts, but after the adoption of the law, if they all show up, we will have that many more soldiers or equivalent funds,” Sargsyan said while defending the proposed legislative changes. He also projected that around 500-1000 people will take advantage of the law each year. In fact, about 20 days after the law came into force, Sargsyan said that 10 citizens have already expressed readiness to pay the 15 million AMD amount to not serve in the army.

However, A. H., a 26-year-old who left for Russia 13 years ago, does not share Sargsyan’s optimism. He has not returned to Armenia since leaving and has no intention of doing so.

“Yes, I am aware that I am under threat of criminal prosecution. But do not assume all Armenians living abroad are wealthy, that several million drams is insignificant to them, and that they can easily contribute to Armenia’s state budget. We work, earn our daily bread, and live,” states A.H. “Money has always been used to dodge military duty, but it appears that this practice has now been legalized.”

He argues that Armenia must first create favorable and safe conditions for its servicemen before adopting legislation that provides exemptions or fees for avoiding service.

“Stable security guarantees will make it easier for people to return to serve in Armenia’s army, rather than advantageous legislation on immunity from criminal prosecution for evading military service,” he says, adding that the main reason people avoid the service is the lack of security. “With such laws in place, the wealthy will easily leave Armenia with the thought that they can work a little, return when it is convenient, pay the fines for avoiding the army, and then be exempted. Meanwhile, the less fortunate will not go, and will not benefit from it.” 

It is noteworthy that during the discussion of the bill in parliament, another member of the ruling Civil Contract faction, Hovik Aghazaryan, expressed his strong opposition, even going so far as saying that he would do everything he could to prevent its approval:

“While drafting this measure, did you not consider where 14-year-olds would end up? A young man of 18 or 23 might believe that by the time he is 27, such a law will be in place, excusing him from the army. Are you not concerned that this initiative could foster negative behavior in our youth?”

Aghazaryan believes that once the law comes into force, no more than 20 to 30 individuals will return to Armenia.

“Almost no one will make use of the law proposed by Mr. Sargsyan,” he says, warning of a dangerous precedent. “We are giving psychological legitimacy to corruption schemes. Someone could easily approach an official and offer 20 million drams instead of 15 million drams to exempt his son.” 

Human rights advocate Nina Karapetyants highlights social injustice issues in this law. She points out that those who are financially secure will be exempt from prosecution, while those less fortunate will face conviction. Karapetyants asserts that no substantial justification has been given for the calculations made and how many people this will affect.

“To take this route and belittle the idea of serving the motherland is the biggest demoralization,” she says. “Someone with money left Armenia and now has the means to pay and not serve. They can idle away a month in a military unit, while another person, who did not have this option and did not leave their homeland, has to serve for two years in harsh conditions..”

MP Gegham Manukyan, a member of the National Assembly’s Standing Committee on Defense and Security, also believes that a year after the law’s amendments are implemented, statistics will show that no one has used the law due to exorbitant fees.

“Paying a large sum is not a starting point. They say a citizen is not a target for fines, but, regrettably, in this case, they became just that,” says Manukyan, referring to Prime Minister Nikol Pashinyan, who has periodically stated that a citizen is not a subject for fines.

Reviving a Law That Did Not Serve its Purpose

Legislative drafts exempting individuals aged 27 and up who have avoided military service from criminal prosecution have previously been discussed. Various parliamentary initiatives have been launched over time to address this issue.

The Law on Citizens Who Failed to Complete Compulsory Military Service in Violation of the Established Procedure was in effect until 2019. This law stated that citizens of a certain group who did not complete mandatory military service in accordance with the established procedure could avoid criminal prosecution [these included service-age men who had one parent incapable of employment, or had two children, etc]. They could be registered in the reserves by making payments to the state budget in the amount and according to the procedure specified by the law. At that time, the payment amounted to a maximum of 200,000 AMD for each case of conscription evasion.

In 2019, a decision was made not to extend the deadline of that law, as it had become a way to avoid mandatory military service. As then Defense Minister Davit Tonoyan argued, many 18-year-olds were leaving the country and later paying the necessary fee to avoid service, relying on the law’s regular extensions.

“We believe this to be unfair to those living in Armenia who have fulfilled their constitutional obligation,” the former minister had said. According to unofficial data, most of those who evade the army are those who left the country before adulthood, often because their parents made the decision for them. 

This choice, however, carries a significant cost: either never returning to their homeland, facing criminal charges upon return, or paying large sums of money. While those with financial means have always found ways to avoid military service, the existence of a legal route has left those without financial resources with limited options again. 

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