Amendments to the Non-Military Service Act
Amendments to the Non-Military Service Act will permit the reapplication to the Finnish Defence Forces’ reserve personnel of those whose application for non-military service has already been approved, after the year during which the conscripts turn 28, provided they have not yet begun their supplementary service. The amendment will improve the equal treatment of different-aged persons liable to complete supplementary service.
Those who have completed their military service can transfer from the Finnish Defence Forces’ reserve personnel to non-military service by applying for supplementary service. According to the legislation currently in effect, a person liable to complete non-military service aged under 28 can reapply for the Finnish Defence Forces’ reserve personnel if they have not yet begun their supplementary service, while those aged over 28 have not been able to do so.
Following the amendment of the Non-Military Service Act, the age limitations will no longer apply. According to the current law, approval of an application is conditional to the conscript not having begun their supplementary service. Reapplication is only allowed once.
Other amendments to the Non-Military Service Act: changes to the provisions regarding accommodation allowance, data protection and register-keeping
Amendments to the Non-Military Service Act also involve processing of applications for non-military service in special circumstances, accommodation allowance, register-keeping and data protection. Similarly, the provisions regarding appeal will change.
In the future, all those liable for non-military service whose applications were approved before a decision of the President of the Republic regarding extra service or the full or partial mobilisation of the Finnish Defence Forces, will be relieved of military service without any investigation into the conscript’s conviction, which would be the case in special circumstances. The amendment will place persons completing different types of non-military service in an equal position and clarify the legal situation. In addition, provisions regarding the military service during mobilisation of those liable for non-military service will be brought up to date.
The maximum amount of accommodation allowances compensated by the State to non-military service locations as laid down in the Non-Military Service Act will be raised on a one-time basis; additionally, the municipality-based grouping on which the payment of accommodation allowance depends, will be expanded to be consistent with the municipality-based grouping laid down in the Act on General Housing Allowance. With this amendment, the increase in living costs that has occurred after the Non-Military Service Act entered into force in 2008 will be accounted for.
Provisions regarding the register of non-military service will be amended to be consistent with the requirements of the EU General Data Protection Regulation and of the Personal Data Act. Further, an administrative review procedure regarding several administrative decisions made by the Centre for Non-Military Service will be adopted. In the future, administrative decisions made pursuant to the Non-Military Service Act will no longer be appealed to the Administrative Court of Eastern Finland on the basis of the location of the Centre for Non-Military Service; instead, the competent administrative court will be determined on the basis of the Administrative Judicial Procedure Act.
Amendments to the Government Decree on Non-Military Service
Amendment of Section 2 a of the Government Decree on Non-Military Service was approved at the Government plenary session on 25 April 2019. The amendment contains provisions that prescribe the assessment, development and monitoring of supplementary service as the duty of the Education Branch for Non-Military Service, in addition to the assessment, development and monitoring of the basic training period for non-military service.
The Government proposes that the amendments be ratified in the presidential session on 26 April 2019.
The amendments will enter into force on 1 May 2019.
Elli Nieminen, Senior Specialist, Ministry of Economic Affairs and Employment, tel. +358 295 048 247