One of the recurring questions in asylum and refugee cases involving Russian nationals is whether a man who is already beyond the ordinary age of conscription—for example, 60 years old—still faces a real risk of being sent to fight in Ukraine.
Many asylum applicants believe that reaching the age of 30 or completing military reserve obligations eliminates any possibility of military service. Conversely, some immigration authorities assume that all adult men in Russia remain equally exposed to mobilization.
Neither assumption accurately reflects Russian law.
This article examines the legal position of Russian citizens who are well beyond the age of compulsory military service and asks a narrower question: Can a 60-year-old legally enter military service today?
Conscription and Contract Service Are Different Legal Regimes
Russian law distinguishes between compulsory military service (conscription) and military service under contract.
Ordinary conscription applies only to a limited age group (30) established by federal law. A 60-year-old man is therefore not subject to compulsory conscription.
However, this does not end the legal analysis.
Since the beginning of Russia's full-scale invasion of Ukraine, the legislation governing military contracts has undergone significant changes. Those amendments are particularly relevant when assessing the risks faced by older Russian nationals.
Changes Introduced After 2022
Before 2022, Russian legislation imposed an upper age limit for citizens entering military service under their first contract.
That changed with Federal Law No. 147-FZ of 28 May 2022, which amended Article 34 of the Federal Law "On Military Duty and Military Service." The previous upper age restriction for concluding a first military service contract was removed from the text of the law.
Accordingly, the current version of Article 34 no longer prevents a person from concluding a first military contract solely because he has reached the age of 60.
In practice, applicants must still satisfy other legal requirements, including medical fitness and appointment to an available military position. Nevertheless, age alone is no longer an absolute legal barrier.
How Long Could Such a Person Remain in Military Service?
A separate question concerns the maximum age for remaining in military service after a contract has been concluded.
Federal Law No. 269-FZ of 24 June 2023 introduced special rules applicable during mobilization, martial law, and wartime. For most categories of military personnel, the statutory maximum age for military service is now 65 years, while the highest-ranking officers may remain in service until the age of 70.
The Constitutional Court of the Russian Federation subsequently confirmed that these age limits apply during mobilization irrespective of when the military contract was originally concluded.
Accordingly, a person who enters military service at the age of 60 may, as a matter of Russian law, remain in military service until reaching the applicable statutory age limit, unless discharged earlier on another legal ground.
Does This Mean a 60-Year-Old Is at Risk of Being Drafted?
Not necessarily.
The legal possibility of concluding a military contract should not be confused with compulsory military service.
A 60-year-old Russian citizen is not ordinarily liable for compulsory conscription solely because of his age. Therefore, simply being over the normal conscription age does not, by itself, establish that the individual faces an imminent risk of being drafted into the armed forces.
For asylum purposes, however, the analysis does not end there.
The crucial question is not merely whether the law permits a person over 60 to conclude a military contract. Rather, it is whether Russian authorities may place such individuals under pressure to sign contracts that are formally presented as "voluntary" but are, in reality, obtained through coercion or the threat of criminal prosecution.
That issue is increasingly relevant in asylum proceedings because it concerns the distinction between genuine voluntary enlistment and recruitment carried out under duress.
The Next Question
The next article examines an issue of growing importance in refugee and asylum litigation:
Can Russian authorities effectively force men who are beyond the ordinary age of conscription to sign military contracts and participate in the war against Ukraine, despite the formal requirement that contract service be voluntary?
Understanding this distinction is essential for assessing the well-founded fear of persecution or serious harm under international refugee law.
If you are seeking asylum and your case involves mobilization, military contracts, or the risk of recruitment into the Russian armed forces, contact Dr. Anton Burkov. The Strategic Litigation Center provides legal analysis and expert opinions on Russian military legislation for use in asylum and human rights proceedings.