Vaccination or dismissal: can a military personnel refuse vaccination against coronavirus?


Vaccination or dismissal from service

A sample report from a serviceman about refusing to be vaccinated against coronavirus has appeared on social networks. Read more ➤.

According to this sample, the contract soldier must indicate the reason for refusing vaccination, and also expresses his readiness to be dismissed from military service due to non-compliance with the terms of the contract.

Let us immediately emphasize that there is no official information about whether military personnel who refuse vaccination are actually forced to write such reports.

However, vaccination against coronavirus in Russia, including in the army, is gaining momentum. Therefore, we will try to figure out whether a contract or conscript soldier can refuse to be vaccinated against coronavirus, and what will happen if he refuses.

Vaccinations against coronavirus have already begun to be administered to military personnel in all military districts of Russia.

The first important step towards mass vaccination against coronavirus in our country. Vaccinations have begun in the Russian army. Very soon it will be the turn of civilians, first of all it will be people from risk groups - doctors and teachers. Well, at the moment, the Sputnik V vaccine has already arrived in all military districts for both the ground forces and the navy.

Tu-134 of the Ministry of Defense taxis to the parking lot in Severomorsk. An ambulance is already waiting at the ramp - and now the first containers with the first vaccine registered in the world are loaded into a car and sent for storage. Mass vaccination in the Northern Fleet begins with this freezer.

“Thaws immediately before use. It is stored in a freezer that maintains temperatures down to minus 40, currently minus 27, and the vaccine is stored in its original packaging on various shelves; the second component of the vaccine is stored on a separate shelf,” says Arshak, deputy head of the North Sea Naval Clinical Hospital for medical supplies. Igitkhanyan.

Before use, Sputnik V is thawed at room temperature. At this time, the personnel are examined - the crew of the frigate Admiral Kasatonov is the first to receive the vaccine in the fleet.

“The Northern Fleet received 800 doses of a two-component vaccine against the new coronavirus infection. Currently, it is planned to vaccinate personnel of ships and units departing for the far sea zone. The vaccine is two-component, administered at intervals of 21 days, and healthy people are vaccinated,” said Nikolai Burtsev, head of the treatment and prophylactic department of the Northern Fleet medical service.

That is, without signs of a cold and, of course, without chronic diseases.

And this is the Eastern Military District. Here the same procedures - temperature measurement, breathe - don't breathe, then an injection. And although no serious side effects were found in volunteers, the rules are the rules. In Khabarovsk, the first batch of one thousand doses is being processed. Further on increasing. The headquarters is now, in a sense, like on the front line.

“I consider it the duty of every citizen of our country to be vaccinated against this infection so that in the future the infection does not spread throughout the country,” says Eduard Smirnov, a soldier at the headquarters of the Eastern Military District.

Duty is duty, but vaccination is purely voluntary. Both in the army and in civilian life. By the way, those who do not wear shoulder straps will soon be able to get vaccinated. The start of mass use of the vaccine was discussed at a meeting with the president the day before; doctors and teachers were first on the list.

“This vaccination will be free for people, and this week, I hope, well, I’m just sure, I don’t even hope, but I’m sure that we will complete all the preparatory activities in order to report to you about our readiness to start it on a large scale next week,” said Tatyana Golikova.

“Let us agree so that next week you will not report to me, but will begin large-scale vaccination. Fine? I understand that you speak very carefully, and everything is clear, here we must observe these cautions, everything is true, but I know that in general both the industry and the network as a whole are ready for this. Let's take that first step, let's take that first step. Thank you,” said the head of state.

"Caution" is actually the key word. It was this that accompanied all stages of the vaccine trial; and now, in the post-registration period, nothing has changed. So the delegation from Hungary, where there is great interest in Russian development, was able to see how large-scale the drug research had become. At the Moscow clinic, European colleagues were told about the symbiosis of telemedicine, special computer programs and, of course, the experience of doctors - everything that makes it possible to monitor the condition of everyone who has been vaccinated against COVID-19.

“We got the opportunity to bring together all our knowledge about the patient, to obtain maximum information about him, which, of course, greatly improved the quality of the research conducted in Moscow,” said Sergei Zyryanov, head of the department of general clinical pharmacology of the RUDN University.

Today, guests from Hungary were shown production at the site in Vladimir. This is one of several in the country. However, the release of Sputnik V is also planned outside of Russia - an agreement has already been signed, for example, with India and China.

What the Charter says

In accordance with Article 345 of the Internal Service Charter, a contract or conscript soldier cannot refuse vaccination if vaccination is carried out:

  • in accordance with the vaccination calendar;
  • according to epidemic indications in the presence of an order from a senior commander (chief).

A serviceman can be exempted from vaccination only with a doctor's opinion.

It should be noted that vaccination against coronavirus infection is included in the vaccination calendar for epidemic indications (Order of the Ministry of Health No. 125 n), therefore vaccination of military personnel should be carried out on the basis of the order of the commander.

Mandatory vaccination with preventive vaccinations of persons subject to conscription for military service

Friday, June 28, 2019

Every year in the Russian Federation, male citizens aged 18 to 27 are called up for military service. Conscription is carried out twice a year (spring and autumn conscription).

Before entering military service, conscripts undergo a mandatory medical examination.

Medical support for young men (dispensary observation, vaccination) before they are registered for military service is carried out by outpatient health care institutions at the place of residence (children's and adult clinics).

During the period of recruits’ adaptation to new conditions, to military service and strict discipline, a number of factors influence the young body: unbalanced nutrition, hypothermia, high physical activity, psycho-emotional stress, etc. Any of these factors can provoke a decrease in immunity in the first months of service and increase risk of contracting infections.

To prevent the development of epidemics in the army, every conscript or military personnel must be protected. Reliable protection against infections is provided by vaccination.

In pursuance of the order of the Ministry of Health of Russia No. 125n dated March 21, 2014. “On approval of the national calendar of preventive vaccinations and the calendar of preventive vaccinations for epidemic indications”, order of the Department of Health of Ugra dated September 04, 2021 No. 9-np “On approval of the Regional calendar of preventive vaccinations of the Khanty-Mansiysk Autonomous Okrug - Ugra”, persons subject to military conscription service, are subject to mandatory immunization against influenza within the framework of the National Calendar of Preventive Vaccinations, as well as immunization for epidemic indications against chickenpox, meningococcal and pneumococcal infections.

According to the plan of the National Calendar of Preventive Vaccinations, conscripts before the army must also be vaccinated against tetanus, whooping cough and diphtheria (DTP), rubella (not vaccinated, without vaccination data, not sick), hepatitis B, depending on the epidemiological situation, immunization is carried out conscripts against tick-borne encephalitis, hepatitis A, and intestinal infections.

In order to prevent the occurrence and spread of infections controlled by means of immunoprophylaxis among conscripts of the Khanty-Mansiysk Autonomous Okrug, to prevent complications after illnesses and the epidemic spread of controlled infections among persons subject to conscription for military service who were not vaccinated for various reasons at decreed ages, when organizing conscription in the ranks of the Russian Army and undergoing a medical examination of conscripts, vaccination against these infections is carried out in clinics at the place of residence together with the military registration and enlistment office.

The vaccine for immunization of people from risk groups, including conscripts, is purchased from the district budget.

Refusal from vaccinations is possible only with a doctor’s opinion. Otherwise, the conscript becomes unprotected against many dangerous infections. In military field conditions in the army, infection with hepatitis A and tetanus is possible. Crowding and close contact of military personnel contribute to the immediate spread of infections, primarily influenza and pneumococcal infections.

To preserve the health of military personnel and the combat effectiveness of the Russian Army, persons of pre-conscription and conscription age should receive all necessary vaccinations in advance!

Based on materials from the website https://nvdgp.ru

What the Constitutional Court says

As we can see, the provisions of the Charter contradict the principle of voluntary vaccination, enshrined in the federal laws on the basics of citizen health (Article 19) and on the immunoprophylaxis of infectious diseases (Article 5).

Therefore, someone will say that a military personnel has the right to refuse vaccination based on the principle of voluntary vaccination.

However, not all so simple. When it comes to military personnel, their rights and obligations are regulated by special legislation, which has priority, as the Constitutional Court has repeatedly pointed out.

Military service, through which citizens exercise their right to work, is a special type of public service directly related to ensuring the defense of the country and state security, public order, legality, rights and freedoms of citizens and, therefore, carried out in the public interest. Persons performing this type of service perform constitutionally significant functions, which determines their legal status, the specific nature of military discipline, the need for some restrictions on their rights and freedoms (resolutions of the Constitutional Court of the Russian Federation of December 26, 2002 N 17-P, of March 21, 2013 of the year N 6-P and dated November 8, 2021 N 22-P; rulings of the Constitutional Court of the Russian Federation dated September 30, 2004 N 322-O, dated May 28, 2013 N 732-O, dated February 27, 2021 N 363-O , dated October 10, 2021 N 2684-O, etc.).

That is, the restriction of the rights and freedoms of military personnel, including the restriction of the right to voluntary vaccination enshrined in the Charter, does not contradict the Constitution.

Preparing military personnel for immunization

In order for military personnel to tolerate vaccinations more easily and avoid serious consequences, military doctors must follow the rules.

  1. An interval of 1 month must be maintained between different vaccinations.
  2. After vaccination, military personnel should be freed from physical activity for several days.
  3. In case of complications, the patient must be sent to the hospital in a timely manner.
  4. On the day of vaccination, military personnel must be healthy.
  5. Before vaccination, a doctor's examination and body temperature measurement are required.

Actions of military personnel before and after vaccination

Military personnel must inform the military doctor in advance:

  • about allergies to chicken protein and antibiotics;
  • about complications and severe reactions after receiving previous vaccines;
  • After vaccination, a serviceman has the right to demand from the doctor exemption from physical activity for 2–3 days.

After vaccination, it is recommended not to move away from the medical unit for half an hour. In case of unusual symptoms such as swelling of the lips, tongue, difficulty breathing, palpitations, immediately contact the medical unit.

What happens if you refuse vaccination against coronavirus?

If a serviceman refuses vaccination in the absence of a medical exemption from vaccination, he may be subject to disciplinary action. And this is fraught with deprivation of incentive payments for the entire period of the foreclosure. And the relationship with the commander will probably be damaged, since the fact of such a refusal is unpleasant for the boss.

As for dismissal from military service for refusing vaccination due to non-compliance with the terms of the contract, this is extremely unlikely. In any case, such a dismissal can be considered illegal and reinstatement in service can be achieved in court.

Vaccination of conscripts

According to the National Calendar plan, conscripts receive the following vaccinations before entering the army:

  • from pneumococcal infection (during the autumn conscription);
  • from meningococcal infection;
  • against influenza (during the autumn conscription);
  • from chicken pox.

what vaccinations are given in the army

Also, depending on the epidemiological situation, conscripts are immunized:

  • from tick-borne encephalitis;
  • hepatitis A;
  • intestinal infections.

From April 25, 2015, mandatory immunization of conscripts against influenza was introduced into the Russian Vaccination Calendar by order of the Ministry of Justice of the Russian Federation. It is carried out with current antigens for the current season, which can ensure the prevention of influenza among conscripts. The vaccine should not contain preservatives. All vaccines are packaged in syringes with one dose each.

Complaints from soldiers' mothers

Often on the Internet there are justified complaints from soldiers' mothers about violations of vaccination rules in the army - soldiers are given several vaccinations at the same time, without observing a month's interval between them. As a result of delays in vaccination, various complications are likely, including possible death.

Doctors of military medical institutions are required to comply with the vaccination rules according to the Vaccination Calendar and the Federal Law on “Immunoprophylaxis of Infectious Diseases.”

Cases of post-vaccination consequences must be documented and then filed in court to establish a violation of the procedure or rules of vaccination. The court, at the request of the mothers, must make a decision on compensation for harm to the health and life of the serviceman.

Refusal of vaccinations in the army

Are they recruited into the army without vaccinations and is it possible to refuse them? At the military registration and enlistment office, conscripts are examined by a medical commission. If after the examination there are no contraindications, mandatory vaccinations will be carried out.

Refusal of vaccinations in the army is possible only with a doctor’s opinion. Otherwise, the recruit becomes unprotected against many dangerous infections. Military field conditions in the army are a source of infection with hepatitis A and tetanus. Crowding and close contact between military personnel contribute to the immediate spread of infections, especially influenza.

To summarize, we note that vaccinations in the army are necessary to prevent epidemics. In order to avoid complications and severe reactions after them, military doctors must follow the rules for administering vaccines. Military personnel must be examined by a doctor on the day of vaccination.

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