Civilian Service Act
(1723/1991)
Chapter 1. General provisions
Section 1. Liability for civilian service.
A person liable for military service who avers that serious reasons of
conscience founded on religious or ethical conviction prevent him from
carrying out the
service laid down in the Military Service Act (452/50) will in peacetime
be exempted from such service and
assigned to do civilian service as provided for in this Act.
Section 2. Substance of civilian service.
Civilian service comprises work useful for society. It includes training
aimed at providing the basic skills needed for carrying out the work service,
and at
supporting general civic education. Work service is done mainly in the
social welfare or health care field, or
educational or cultural field, or in duties related to environmental protection
or rescue services.
Section 3. Period of civilian service.
The period of civilian service is 395 days.
Section 4. Civilian service authorities.
Civilian service is directed and supervised by the Ministry of Labour.
A civilian service centre is responsible for the implementation of civilian
service in an official capacity subordinate to the Ministry of Labour
and for the supervision of those liable for civilian service. There can
be one or more such centres. (1271/1993)
If there are several civilian service centres, their jurisdictions are
specified as laid down by decree. (1271/1993)
Civilian service centres and civilian service units act as service locations.
(1271/1993)
Section 5. Civilian servicemen placement requirements.
If necessary, the Government can set an annual minimum for the number
of civilian servicemen to be placed in the administrative sectors of the
various ministries.
Chapter 2. Start of civilian service liability
Section 6. Applying for civilian service.
A person liable for military service can apply to do civilian service
before, during or after service in accordance with the Military Service
Act. Applications may not be made before call-up or military service begun
as a volunteer. An underage person liable
for military service can apply for civilian service without his guardian's
consent. An application to do civilian service should be submitted in
the case of call-up to the callup board, in the case of a person already
performing military service to the commander of the military unit concerned,
and in other cases after call-up to the civilian service centre or
headquarters of the military province. An averment of the serious reasons
of conscience based on conviction referred to in section 1 should be attached
to the
application, the formal layout of which is approved by the Ministry of
Labour. (1271/1993)
Section 7. Processing of civilian service applications.
Applications must be processed without delay. The call-up board or military
province headquarters must approve all applications that comply with the
requirements laid down in section 6. Commanders of military units must
pass on all applications submitted to them to the military province headquarters
for approval. (1271/1993)
After approval, the applicant becomes liable for civilian service and
is exempted from carrying out the service laid down in the Military Service
Act. Call-up boards and military province headquarters must without delay
notify
the civilian service centre concerned that the civilian service application
has been
approved.
(1271/1993)
Section 8. Implementation of civilian service.
The mother tongue of civilian servicemen must be taken into account when
the service location is specified. Finnish- and Swedish-speaking civilian
servicemen are entitled to do their civilian service in their mother tongue.
(439/2000)
A civilian serviceman may not be assigned to do his civilian service for
his employer. The same applies to a service location with which the civilian
serviceman has a
close link because of studies, a former employment relationship or some
other reason.(439/2000)
A civilian service centre issues the civilian serviceman with a civilian
service assignment and specifies the civilian service unit where he will
do his civilian
service. Following application by the civilian serviceman or civilian
service unit, the centre also rules on
transfer to another unit during the period of work service. What chapters
9 and 12 of the Decree on Application of the Military Service Act (63/51)
provides concerning the supervision of those liable for military service
also applies to the supervision of those liable for civilian service.
(456/1992)
Section 9. Civilian service assignments.
The civilian service centre concerned issues those liable for civilian
service with a verifiable order stating when their service will begin,
in good time before the service
starts. A person who fails to report for civilian service at the appointed
time because of a legitimate impediment must start his service as soon
as that impediment no
longer exists, unless the centre has ordered him to start service at some
other date. Unless section 10, paragraph 1, and section 12 require otherwise,
those liable for civilian service must be assigned to start their service
within the year of approval of the application referred to in section
6 and the two calendar years following it.
Chapter 3. Exemption, deferment and leaves from performance
of civilian service
Section 10. Exemption on health grounds.
On the basis of a report from a physician specified by the civilian service
centre, the centre can exempt a person liable for service from the performance
of civilian service
either entirely or for a fixed period if that person does not possess
the physical or mental requirements for performing civilian service, or
cannot perform the service
because of a bodily injury or illness. (1271/1993)
The civilian service centre will order a new medical examination for a
person exempted for a fixed period. (1271/1993)
What is provided concerning the fitness for service of those liable for
military service is also valid, as applicable, to the service fitness
of a person liable for
civilian service and the examinations made to establish it.
Section 11. Exemption on the basis of foreign citizenship.
On application, a civilian service centre can exempt a Finnish citizen
liable for civilian service from carrying out all or part of the service
if that person is or has been not only a Finnish citizen but also the
citizen of another state and has completed service equivalent to civilian
service or conscript service in that other state. (1271/1993)
If special cause exists, a civilian service centre can, on application,
exempt a Finnish citizen liable for civilian service from carrying out
that service if he is also a citizen of another state and does not reside
or live permanently in Finland, as long as he does not
have any actual ties with Finland. (1271/1993)
What has been agreed between Finland and Norway, Sweden and Denmark concerning
the civilian service liability of a Finnish citizen who is also a citizen
of one of those countries also applies.
Section 12. Deferment.
A civilian service centre can grant deferment of performance of civilian
service for a maximum of three years at a time if the deferment can be
considered
absolutely essential in terms of vocational qualification, the pursuit
of studies, the arrangement of financial
circumstances, or some other comparable, specifically personal, reason.
Members of Parliament must be granted deferment in order to carry out
their duties. A
deferment cannot be granted for longer than the end of the calendar year
during which the person concerned reaches the age of 28. Deferment applications
must be processed urgently. Deferment can also be applied for during civilian
service.
Section 13. Liability to start service.
Submission of an application for exemption or deferment is not a legitimate
impediment to reporting for service.
A civilian service centre orders persons liable for civilian service to
start their service as soon as possible after the deferment ends, and
persons exempted from service for a fixed period as soon as they become
capable of service.
Section 14. Leaves.
Civilian servicemen are entitled to 20 days' personal leave without expressly
providing cause, and to six days' paternity leave on the birth of their
own child. If
a civilian serviceman has distinguished himself particularly during his
service period, he can be granted a total of up to 30 days' efficiency
leave. These leaves are counted as service time.(1222/1998)
For weighty personal reasons, a civilian serviceman can be granted leave
totalling up to six months, but this is not counted as service time. (456/1992)
The service location grants the leave.
Chapter 4. Performance of civilian service and end of
civilian service liability
Section 15. Service locations.
Civilian service is carried out:
1) in the service of a government administration authority or public enterprise,
an independent state agency or an association under public law;
2) in the service of a municipality or intermunicipal authority or a joint
body of such;
3) in the service of the Finnish Evangelical-Lutheran Church or Orthodox
Church, or a parish or joint body of such; or
4) in the service of a Finnish body or foundation under private law, engaging
in non-profit activities as laid down by decree. However, the bodies referred
to in paragraph 1, subparagraph 4, above do not include political parties
entered in the political party register or bodies pursuing employer or
employee interests, or bodies whose main purpose is the acquisition of
profit or other direct financial gain for the body or those involved in
its activities. Only a central government, municipal or intermunicipal
authority can act as a civilian service centre.
Section 16. (1271/1993) Organization of civilian service.
The civilian service centre and service location agree in writing with
the Ministry of Labour on the organization of civilian service. The agreement
must include information
about the person responsible for civilian service matters at the service
location as referred to in section 19. The head of the civilian service
centre and the staff dealing with civilian service matters perform these
functions under public liability. Civilian service is performed in Finland,
with the exception of any short journeys abroad
that may be ordered.
Section 17. Safeguard for conviction.
The service must be arranged in such a way that service duties do not
conflict with the convictions of civilian servicemen.
Section 18. Prohibition on discrimination.
Civilian service may not be arranged in such a way that the civilian
serviceman is discriminated against because of his race, origin, language,
religion, political or other
opinions, or any other comparable cause.
Section 19. Specification and supervision of service
duties.
The head of the service location or such person as is ordered to deal
with civilian service matters at the service location, who functions in
these duties with public
liability, specifies the service duties and arrangements for induction
related to work service, and is responsible for supervision and discipline
concerning civilian servicemen.
Section 20. Upkeep and benefits of civilian servicemen.
A civilian serviceman is entitled to free accommodation, food, clothing,
health care, a daily allowance and free travel as laid down by decree.
The service location may not pay civilian servicemen a salary or a fee
during their service period. The daily allowance is not paid on any full
periods during which the person liable for service is:
1) absent from service without permission
2) on leave referred to in section 14, paragraph 2, in so far as the leave
is not counted as service time; (1271/1993)
3) incapable of service because of a self-inflicted wound or illness;
or
4) arrested or imprisoned under suspicion of a crime if he is sentenced
to prison for the act for which he was placed in detention. In so far
as this Act does not provide otherwise, provisions laid down elsewhere
and agreements concluded concerning the financial and social benefits
of those liable for military service shall apply correspondingly to civilian
servicemen.
Section 21. (1271/1993) Duties of civilian servicemen.
A civilian serviceman is required to carry out conscientiously the service
duties specified for him and to comply with orders issued by the Ministry
of Labour, the
civilian service entre and the service location that are necessary for
the organization and performance of
civilian service.
Section 22. Working and leisure time of civilian servicemen
andoccupational safety.
Civilian servicemen must observe the working hours specified
for them by their service location. Their regular working hours may not
exceed 40 a week. The Occupational Safety Act (299/58) applies to the
occupational safety of civilian servicemen, as laid down separately by
decree. The Act on the Protection of Working Minors (669/67) also applies
to the work done by civilian servicemen under 18. Civilian servicemen
are entitled to sufficient leisure time for rest and
recreation.
Section 23. End or suspension of civilian service.
The service locationshall be responsible for discharging
civilian servicemen when:
1) they have completed their service in accordance with this Act;
2) their liability for service has ended;
3) they are according to a medical report incapable of service for a fairly
long time;
4) they have been granted deferment while serving;
5) they have been exempted from civilian service in accordance with section
11;
6) they have lost their Finnish citizenship;
7) a crime report has been entered against them for a civilian service
offence as provided below; or
8) the execution of a prison sentence for other than a civilian service
offence is due to begin. Unless the provisions of paragraph 1, subparagraphs
1-8, require otherwise, civilian service ceases at the end of the year
during which the person concerned reaches the age of 30.
Chapter 5. Discipline
Section 24. Disciplinary punishments.
A civilian serviceman who acts contrary to or fails to perform his civilian
service liability can be sentenced, as a disciplinary punishment, and
as laid down in more
detail by decree, to:
1) a warning;
2) work in excess of the statutory hours; or
3) loss of daily allowance.
Work in excess of the statutory hours can be ordered up to a maximum
of four hours a day for a maximum period of five days, and loss of daily
allowance for up to 30
days. Only one type of disciplinary punishment may be ordered at a time
for the same violation. The person referred to in section 19 orders the
disciplinary punishment after hearing the civilian serviceman concerned.
Section 25. Ordering disciplinary punishment.
A disciplinary punishment must be in just proportion to the service violation.
When punishment is being considered, attention must be paid to principles
affecting the scale of the punishment according to the Penal Code and
the circumstances in which the violation
was committed, together with the civilian serviceman's previous service
record and behaviour. A disciplinary punishment can be waived or the matter
left solely to an
oral admonition if the service violation was caused by carelessness, thoughtlessness
or ignorance excusable
in the circumstances, or if the violation can be considered minor otherwise.
Chapter 9 contains provisions on appeal against disciplinary
punishment.
Chapter 6. Violation of liability for civilian service
Section 25a. (439/2000) Official police assistance in bringing in a person
liable for civilian service for service.
If a person liable for civilian service fails to report for service or
stops serving, the service location must without unnecessary delay ask
the police in the service
location locality for executive assistance with finding him and bringing
him in for service. If necessary, the
police must undertake measures to issue a warrant of apprehension for
a missing person liable for civilian service. The police must deliver
a person liable for civilian service to his service location without delay
unless he refuses in writing to perform civilian service or can offer
a legitimate impediment for his absence. The police must forward the notice
of refusal or explanation
of legitimate impediment to the service location.
Section 26. Civilian service offence.
If a person liable for civilian service fails to report for service,
ceases to serve or announces in writing that he refuses to perform civilian
service, he shall be sentenced to imprisonment for a civilian service
offence for a period corresponding to half of his remaining service time.
The prison sentence is in full days. Less imprisonment can be
ordered than the minimum laid down in chapter 2, section 2, paragraph
1, of the Penal Code.
A civilian serviceman who continues to substantially neglect his service
duties despite being given disciplinary punishment can also be sentenced
for a civilian
service offence. A civilian service offence can only be punished once.
The public prosecutor may not bring charges for a civilian service offence
unless a crime
report has been made on it in accordance with section 35.
Section 27. Application of certain provisions under criminal
law.
In the case of a civilian service offence, what is provided concerning
legal proceedings in criminal cases, and concerning prison sentences and
their implementation,
shall be complied with unless this Act provides otherwise.
Section 28. Special provisions on civilian service offences.
A prison sentence ordered for a civilian service offence may not be conditional,
and community service cannot be ordered to replace it. A person carrying
out a
prison sentence ordered for a civilian service offence is only allowed
parole on the conditions laid down in section 29.
A combined prison sentence for a civilian service offence and some other
offence may not be ordered, and a prison sentence for a civilian service
offence may not be
combined, or calculated together with, a sentence for some other offence.
If a prison sentence ordered
for some other offence or imprisonment instead of unpaid fines has to
be carried out at the same time as a sentence for a civilian service offence,
the sentence for
the other offence is put into effect before the prison sentence for the
civilian service offence. A prison sentence ordered for a civilian service
offence is not entered in the criminal register and may not be taken into
account as grounds for harsher punishment later.
Section 29. Parole.
A person performing a prison sentence for a civilian service offence
can be granted parole if he so wishes and can properly carry out his remaining
civilian service in the place allotted to him. The probationary period
of a civilian serviceman on parole is the remaining service time. This
remaining service time is determined by the civilian service centre after
receiving information from the prison governor on the sentence served.
Unless special cause exists, a civilian serviceman is not placed under
supervision. Parole can be declared forfeited if a
civilian serviceman is found guilty of a civilian service offence. (1271/1993)
A person who has forfeited parole under section 30 is not granted parole
a second time.
Section 30. Forfeiting parole.
If a civilian serviceman on parole is found guilty of a civilian service
offence, he is sentenced to forfeit his parole instead of the punishment
laid down in section 26.
The judgement must state how much of the prison sentence remains to be
served, taking account of a sentence served earlier and the civilian service
carried out. Two civilian service days are then counted as equivalent
to one day of imprisonment.
Section 31. Relationship between time in prison and time
in civilian service.
The civilian service time remaining in the case of a person granted parole
is calculated in such a way that one day of imprisonment is equivalent
to two days of
civilian service.
Section 32. Lapse of a prison sentence.
A prison sentence ordered for a civilian service offence lapses if implementation
of the punishment has not begun within five years of the date of issue
of a
legally valid judgement or, if implementation has been suspended, of the
date of suspension. A prison sentence also lapses when a person granted
parole has been in
civilian service for the remaining service time or has been exempted from
service on health grounds.
Section 33. Ending civilian service liability because
of a prison sentence.
When a person sentenced for a civilian service offence has completely
served his prison sentence, or when the prison sentence has lapsed, his
civilian service
liability is considered to have ended.
Section 34. Legal proceedings.
The public prosecutor prosecutes for a civilian service offence. The
case can be tried in the general lower court of the person's domicile
or the locality of the service location.
Section 35. Making a crime report.
The civilian service centre or service location makes a crime report
on a civilian service offence to the police in the civilian serviceman's
domicile or the locality
in which the service location is situated. (1271/1993)
A civilian serviceman who is the subject of a crime report must immediately
be discharged.
Section 36. (1271/1993) New service location order.
If a person liable for civilian service against whom a crime report has
been entered for a civilian service offence is not given a prison sentence,
the civilian
service centre must order the person back into service. The time that
he has been detained because of the
investigation into the case is then counted as service time in such a
way that one day of detention is equivalent to two days of civilian service.
Chapter 7. Supplementary service for those who have completed
their conscript service
Section 37. Supplementary service liability.
A person liable for military service who makes the application referred
to in section 6 after completing his conscript service can be ordered
to carry out supplementary service under the terms of this Act.
A person liable for military service who makes the application referred
to in section 6 after being called up for reservist military manoeuvres
or while on such
manoeuvres must be ordered to carry out supplementary service in principle
within 18 months of putting in the application. The applicant can also
be ordered to start supplementary service after the above-mentioned 18-month
fixed period if implementation of the supplementary service liability
so requires, but not later than the end of supplementary service liability
as
referred to in section 44, paragraph 3. (1222/1998)
Section 38. Supplementary service period.
The supplementary service period cannot exceed 40 days.
Section 39. Organization of supplementary service.
The service locations arrange supplementary service in the form of civilian
service training and practical work training.
Section 40. (1271/1993) Deferment of supplementary service.
The civilian service centre can grant a person liable for supplementary
service deferment from doing the service. Deferment can be granted to
a person liable for
service for whom such deferment is absolutely essential because of family
or financial circumstances, or for
reasons related to the pursuit of a profession or livelihood. Deferment
can also be granted to a person liable for service who is qualifying for
a job or profession or studying, and whose progress would suffer substantially
without such deferment. In addition, a civilian serviceman can be granted
deferment for special cause, if participation in a service event would
cause his employer substantial inconvenience or loss.
Section 41. Leaves.
The service location can grant a person doing supplementary service leave
only for weighty personal reasons.
Section 42. Supplementary service pay.
Notwithstanding what is laid down in section 20, paragraph 1, a person
doing supplementary service is entitled to supplementary service pay as
laid down
by decree. What is provided in section 20, paragraph 2, concerning loss
of daily allowance applies correspondingly to supplementary service pay.
Section 43. Supplementary service violations.
If a person liable for supplementary service does not perform the service
allotted to him, he shall be sentenced to a fine for a supplementary service
violation.
Section 44. Other provisions.
What is laid down in sections 1 and 4-7, section 9, paragraphs 1 and
2, sections 10, 11, 13 and 15-22, section 23, paragraph 1, sections 24
and 25, section 26,
paragraph 3 and sections 34 and 35 shall be observed as applicable in
supplementary service. (1271/1993)
What is laid down in chapters 8-10 concerning civilian service liability
also applies to persons liable for supplementary service unless separately
provided otherwise. Supplementary service liability ceases at the end
of the year in which the person concerned reaches the age of 50.
Chapter 8. Registers and data protection.
Section 45. Civilian servicemen's register. (1271/1993)
The civilian service centre keeps a register of all persons under it
liable for civilian service and supplementary service, which contains
the data needed in order to arrange for their supervision and service.
(1271/1993)
The following data on each person liable for service are entered in the
register:
1) name and personal code;
2) domicile, address and telephone number;
3) training and occupation;
4) mother tongue;
5) citizenship other than Finnish;
6) fitness for service;
7) data related to service location and time;
8) data on any crime report concerning a civilian service offence or supplementary
service violation, any penalty awarded for the offence or implementation
of a prison sentence; and
9) the grounds for discharge or the end of service liability. The following
documents related to performance of civilian service are appended to the
civilian servicemen's register in manual form:
1) the applications referred to in section 6;
2) the medical reports required to establish fitness for service;
3) the documents related to crime reports on civilian service offences
and supplementary service violations;
4) the documents related to appeal applications as referred to in this
Act; and
5) the civilian serviceman's personal card and medical record card. Data
on conviction, family relations and social and financial situation essential
for specifying the starting date and civilian service unit of a person
liable
for service can also be added to the civilian service centre register.
(1271/1993)
If a civilian service centre ceases operations, the civilian servicemen's
register must be handed over to the Ministry of Labour, which can pass
it on to a new civilian service centre. (1271/1993)
Section 46. (1271/1993) Collecting and keeping data in
the civilian servicemen's register.
Persons liable for military service shall enter the data referred to
in section 45, paragraph 2, subparagraphs 1-5, in the application referred
to in section 6, together
with their wishes concerning their service performance. In the notification
concerning a new person liable for civilian service referred to in section
7, paragraph 3, the military province headquarters sends the civilian
service centre a copy of the application, information on his
fitness for service, and the data affecting his service period. In return,
the centre sends the military province headquarters the data referred
to in section 45, paragraph 2, subparagraphs 1-7, concerning a person
transferring to conscript service. The data on a person liable for civilian
service are removed from the register at the latest at the end of the
year in which he reaches the age of 50. His personal card and medical
record card, provisions on the keeping of which are laid down by decree,
are then transferred to the military province headquarters. Civilian service
centre register-keeping practices do not occasion any change in what is
provided concerning the register-keeping of military province headquarters.
Section 47. Civilian servicemen's personal cards and
medical record cards.
The following entries are made on the personal card referred to above
in section 45, paragraph 3, subparagraph 5, the formal layout of which
is approved by the Ministry of Labour:
1) the civilian serviceman's name and personal code;
2) his domicile, address and telephone number;
3) his training and occupation;
4) his mother tongue;
5) his fitness for service;
6) data on his service location, duties and time, including any data on
disciplinary punishments; and
7) the grounds for discharge.
The physician at the service location enters the data on the civilian
serviceman's state of health needed for performance of service on the
medical record card, the
formal layout of which is approved by the Ministry of Labour. The civilian
service centre enters the data referred to in paragraph 1, subparagraphs
1-5, on the civilian serviceman's personal card. The service location
must ensure that the data referred to in subparagraphs 6 and 7 are entered
on the card. If the serviceman moves
from one service location to another, his personal card and medical record
card are also transferred, and passed to the centre when he is discharged.
(1271/1993)
Section 48. Service location's civilian servicemen's
register.
The service location keeps a register of all serving civilian servicemen
which includes both the data on their personal cards and medical record
cards and supplementary data in accordance with section 47, and also any
other data needed in order to
arrange and complete their service. The register can include data on civilian
servicemen's state of
health with regard to performance of service, on any disciplinary measures,
and on any crime reports concerning civilian service offences and supplementary
service violations. Paragraph 2 has been repealed.
Section 49. Right to obtain information.
Civilian service centres are entitled to obtain the following information,
in addition to what is provided above, concerning a person liable for
service subordinate
to them: (1271/1993)
1) from the Population Register Centre, the military authorities, or in
individual cases the police or other authorities, address data needed
to supervise persons
liable for civilian service, and in addition from the military authorities,
notwithstanding confidentiality provisions, data on a civilian serviceman's
state of health of significance when a matter related to establishing
his fitness for service is being handled; (456/1992)
2) from the physician who checked the civilian serviceman's fitness for
service, notwithstanding confidentiality provisions, a statement on health
data of
significance for establishing his fitness for service; and
3) from the police and prison authorities, notwithstanding confidentiality
provisions, the data referred to in section 45, paragraph 2, subparagraph
8. Notwithstanding confidentiality provisions, the service location is
entitled to obtain from a physician a statement on a civilian serviceman's
state of health in so far as this has significance for his fitness for
service.
Section 50. Public access to documents.
Provisions are laid down below in this Act on public access to documents
and registers containing personal data on persons liable to civilian service
as referred
to in this Act. Unless section 51 requires otherwise, persons working
at the Ministry of Labour, a civilian service centre and a service location
may not, without the person liable for service's consent, reveal any data
concerning his state of health, financial or social standing or conviction,
or any other information concerning his personal circumstances. (1271/1993)
Section 51. Surrender of information.
The personal data referred to in this chapter can be given or surrendered
to:
1) the person concerned as laid down in chapter 3a of the Act on the Accessibility
of Public Documents and, with his written consent, in individual cases
also to others;
2) the Ministry of Labour, a civilian service centre, service locations
and military province headquarters in accordance with this Act and because
of mobilization as
referred to in
chapter 12 of the Decree on Application of the Military
Service Act (63/51); and (1271/1993)
3) some other authority by virtue of law. If special cause exists, the
Ministry of Labour can on application give
permission for the surrender of personal data for scientific research
or statistical or other acceptable purposes if the surrender fulfils the
requirements of section 19, paragraph 1, subparagraph 3, of the Personal
Date File Act (471/87). What is provided in the Act on the Accessibility
of Public Documents concerning the surrender of data or the right of the
relevant ministry to give permission for the disclosure of confidential
data does not apply to the provision and surrender of personal data.
Chapter 9. Appeal
Section 52. (1271/1993) Appealing a call-up board or
military province headquarters decision.
What is provided in the Military Service Act concerning appeal against
a call-up board or military province headquarters decision on a military
service matter
applies concerning appeal against a call-up board or military province
headquarters decision on the
application referred to in section 7.
Section 53. Appealing a civilian service centre decision.
A civilian service centre decision concerning a civilian service unit,
as referred to above in section 8, can be appealed by petitioning the
provincial court within
whose judicial district the centre lies. The petition of appeal must be
lodged with the centre within seven
days of the date on which the civilian serviceman was informed of the
decision. The centre must send the petition of appeal and related documents,
and its opinion on the matter, to the provincial court without delay.
The appeal must be processed urgently. Appeal does not preclude implementation
of the decision. Unless otherwise provided in this Act, a civilian service
centre decision can be appealed by petitioning the provincial court within
whose judicial district the centre lies. The
petition of appeal must be lodged with the centre within 30 days of the
date on which the civilian serviceman was informed of the decision. Appeal
against a decision
on deferment and exemption does not preclude the start of service.
Section 54. (1271/1993) Appealing a civilian service
centre decision.
The civilian serviceman concerned must attach to his appeal against a
civilian service decision his wishes concerning how the decision should
be changed, and the
grounds for them. A copy of the civilian service centre decision should
be appended to the appeal, with evidence of the date on which document
was served.
Section 55. Appealing a disciplinary punishment.
A civilian serviceman given a disciplinary punishment may appeal the
decision to order the punishment by petitioning the provincial court within
whose judicial
district the service location lies. However, if the service location is
an authority whose decisions are appealed to the Supreme Administrative
Court under the general provisions on appeal, the appeal should be addressed
to the Supreme Administrative Court. The petition of appeal, which must
state the civilian serviceman's wishes
and the grounds for them, must be lodged with the service location within
seven days of the date on which
the serviceman was informed of the decision. The service location must
without delay pass on the petition of appeal and the documents appended
to it, and its own opinion on the matter, to the appellate authority.
The appeal must be processed urgently. A disciplinary punishment may not
be carried out before the decision has taken on the force of law. If the
decision has been appealed to a provincial court, however, it can be carried
out once the court has issued its ruling on the appeal. By contrast, a
disciplinary punishment can be carried out immediately if implementation
would otherwise be impossible within the serviceman's remaining service
time.
Section 56. Appealing a decision on the surrender of
information.
If a civilian service centre or service location has refused to surrender
data from the civilian servicemen's register, the party asking for the
information can appeal the decision to the Ministry of Labour. The petition
of appeal must be lodged with the Ministry within 30 days of the date
on which the party was informed of the decision.
(1271/1993)
A Ministry of Labour decision concerning an appeal as referred to in paragraph
1 can be appealed as provided for in the Act on the Application of Administrative
Law (586/1996).
(1222/1998)
Section 57 has been repealed.
Section 58. (1222/1998) Application of the Act on the
Application of Administrative Law.
In addition to what is provided in sections 53-56, the Act on the Application
of Administrative Law applies to appeal.
Chapter 10. Miscellaneous provisions
Section 59. Transfer to service in accordance with the
Military Service Act.
A person liable for civilian service who wishes to do service in accordance
with the Military Service Act must apply to a civilian service centre
to this effect
in writing. The application must be approved without delay if it states
that conviction as referred to in section 1 no longer prevents performance
of service in accordance with the Military Service Act, and if the person
liable for civilian service has not earlier been assigned from
civilian service to service in accordance with the Military Service Act
on the basis of a similar application. The application may not be submitted
after starting
civilian service or after the end of the year during which the person
liable for civilian service reaches the age of 28. (1222/1998)
If the application referred to in paragraph 1 is submitted after the
person liable for civilian service receives his assignment to civilian
service, the assignment must be
cancelled. However, the assignment to civilian service must be complied
with until another decision is reached on the basis of the application.
The civilian service centre must without delay inform the military province
headquarters that an application has been approved. (1271/1993)
Section 60 has been repealed.
Section 61. (1271/1993) Service period in the case of
transfer from conscript service to civilian service.
The civilian service centre decides how much service time remains in
the case of a person transferring from conscript service to civilian service
by deducting from
the total service period laid down in the Civilian Service Act an upwardly
rounded figure obtained when the number of conscript service days already
served are multiplied by a proportionality factor obtained by dividing
the civilian service period laid down in the Civilian Service Act by the
service period allotted to the person concerned under the Military Service
Act. What is provided in this section does not apply to a person liable
for supplementary service.
Section 62. Additional service for absence without leave.
Days of absence from civilian service without leave are not counted as
service time.
Section 63. Executive assistance from the police.
At the request of the service location, the police must bring in to the
service location any civilian serviceman absent from service without legitimate
impediment
unless he informs the police or the service location in writing that he
refuses to serve.
Section 64. Application of the Administrative Procedures
Act.
The Administrative Procedures Act (598/82) must be observed in processing
an administrative matter under this Act, also when the matter is being
processed by a service location where the said Act does not otherwise
apply.
Section 64a. (1271/1993) Application of the Act on Public
Procurement.
The Act on Public Procurement (1505/92) does not apply to the purchase
of services from a civilian service centre.
Section 65. More detailed provisions and regulations.
More detailed provisions on the implementation of this Act will be issued
by decree.
If necessary, the Ministry of Labour can issue a civilian service centre,
service location and person liable for civilian service with regulations
on the arrangement and
performance of civilian service. (1271/1993)
Chapter 11. Provisions on entry into force and transitional
provisions
Section 66. Entry into force.
This Act enters into force on January 1, 1992.
This Act repeals:
1) the Act of February 21, 1969 (132/69) on non-military service and civilian
service and later amendments to it; and
2) the Act of January 14, 1972 (23/72) on the punishment of certain persons
liable for military service who refuse to perform active service.
Section 67. Service time of persons assigned to civilian
service before 1987.
The service time of persons assigned to civilian service before January
1, 1987 is 360 days.
Section 68. Application of the Act to persons assigned to civilian service
and service to compensate for reservist military manoeuvres under earlier
law.
The provisions of this Act also apply to civilian servicemen who started
their service before this Act comes into effect. A civilian serviceman
who has done at least 395 days of civilian service is exempted from
service when this Act comes into effect and his civilian service liability
is considered to have ended. An application for service to compensate
for reservist military manoeuvres submitted before this Act comes into
effect is also valid after it takes effect, and
the applicant can be assigned to supplementary service as provided in
section 37, paragraph 1.
Section 69. Earlier provisions on offences.
What this Act provides concerning a civilian service offence and supplementary
service violation and the implementation of punishments for them must
be applied
after the Act comes into effect to persons sentenced under earlier law
for evasion of civilian service or an insubordination offence as a civilian
serviceman.
Section 70. Reducing prison sentences.
A person sentenced before this Act comes into effect for evasion of civilian
service or an insubordination offence as a civilian serviceman to over
197 days' imprisonment is exempted from serving the part of the sentence
in excess of 197 days. The prison governor decides on such exemption.
A punishment from part of which the person concerned has been exempted
under paragraph 1 is consid ered fully served.
Case Hermaja:
, Maria Hendrikaplein 5, 9000 Gent, Belgium
Tel: +32 9 242 87 52 Fax: +32 9 242 87 51 jussi@hermaja.org
http://www.hermaja.org
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