On 30.12.2022 The Cabinet of Ministers of Ukraine adopted Resolution No. 1487, which approved the new Procedure on Organization and Maintaining Military Records of Conscripts, Liable for Military Service and Reservists.
Among the main innovations:
- Military registration is carried out on the basis of the previously created Unified State Register of conscripts, liable for military service and reservists (the Register) by place of registration of such persons. If persons change their place of registration, residence and/or other registration data, they have to report this within 7 days. Conscripts / liable for military service / reservists will be able to update data about their place of registration in the Diya Portal without visiting military recruiting centers.
- Changed the approach to military records documentation at the enterprise: the new Procedure does not provide for the maintenance of personal cards according to the standard form of primary registration No. P-2 “Personal card of an employee”. Instead, the record should be kept according to the lists with the registration of the case.
- Registration data of conscripts, liable for military service and reservists shall be verified at least once a year. Every year before 25 January, heads of government bodies, enterprises, institutions and organizations shall approve lists of personal military records. Persons who are responsible for keeping military records shall arrive at the military recruiting centers to reconcile and approve the lists.
- In addition to the territorial recruiting and social support centers (military commissariats), SSU bodies and units of the Foreign Intelligence Service of Ukraine can now clarify information about conscripts, liable for military service or reservists.
- Employment of conscripts, liable for military service and reservists may be carried out only after checking their military registration documents (military registration certificate, military ID). In addition, from now on, instead of providing military registration documents during recruitment, a new employee shall be able to submit the information contained in such documents in electronic form in the Diya Portal. Thus, it is expected that military registration documents may appear in the Diya Portal.
Within a period of 7 days from the moment of hiring / dismissal, the employer informs military recruiting centers, SSU bodies and units of the Foreign Intelligence Service of Ukraine about it.
- From now on, employers are obliged to hand over to employees (conscripts, liable for military service and reservists) mobilization summonses about their appearance upon summons to the military commissariats, SSU bodies, units of the Foreign Intelligence Service of Ukraine, if such summons arrives together with the order.
- The inclusion of citizens who arrived from the temporarily occupied territories of Ukraine for personal military records shall be carried out after the registration of such persons for the records of internally displaced persons and for military records in district territorial recruiting and social support centers (military commissariats).
- Persons who are responsible for keeping military records have to meet the qualification requirements defined for the inspector of military records (according to the classifier of professions). Also, they have to undergo certification training every five years. It is established an obligation for the enterprises every year, by 1 October, to determine whether the employee responsible for keeping military records shall undergo certification training in the corresponding year.
Such persons, in addition to the duty of keeping military records, are entrusted with the duty of keeping “Information of operational records of conscripts, conscripts and reservists” – a document that from now on should be in every enterprise.
In addition, such persons are required to submit information on conscripts, liable for military service and reservists, whose personal military records they maintain, at the request of military commissariats, SSU bodies and units of the Foreign Intelligence Service of Ukraine.
- Mandatory military registration is introduced for women who have a medical or pharmaceutical specialty. Regarding other employees – women: at their own request they can be registered if they have a specialty and/or profession related to the corresponding military records specialty, the list of which is approved by the Ministry of Defense of Ukraine.
- Another fundamentally new obligation is established for enterprises – every year, by 1 February, enterprises / institutions / organizations shall issue orders on the state of military records for the past year and about tasks for the next year on the basis of reports, results of measures taken and checks of the state of military records in last year.
Since the new Procedure does not specify which enterprises are required to issue such orders, official clarifications on this issue are expected.
- It is assumed that in the case of departure outside Ukraine for a period of more than three months, the military registration of conscripts, liable for military service and reservists is carried out at the place of their consular registration in foreign diplomatic institutions of Ukraine.
That is, in fact, the obligation for such persons to register for the military records is introduced. At the same time, as of today, the current legislation of Ukraine does not define additional liability for not being on such records. Only general liability might be applied, about which let us please remind you of below.
In addition, it was established that foreign diplomatic institutions of Ukraine will be facilitating return of conscripts and reservists to Ukraine in the event of mobilization and during wartime (in a special period). At the same time, as of today, there is no clear mechanism for such facilitation of return, if the person is neither on consular nor military records in such institutions.
Let us please also remind you about the liability that a citizen of Ukraine who is liable for military service may bear for violating the rules of military registration / evasion of such registration:
- Administrative responsibility. Article 210 (Part 2) of the Code of Ukraine on Administrative Offenses provides for a fine from 850 to 1 700 UAH for violation of the rules of military registration by conscripts, liable for military service and reservists.
- Criminal liability. Article 337 (part 1) of the Criminal Code of Ukraine provides for liability in the form of a fine from 5 100 to 8 500 UAH or corrective work for up to 1 year for evasion of military registration or educational (special) fees.
It should be noted that in order to bring a person to criminal responsibility under the above-mentioned article, a certain procedure must be followed: the head of the territorial recruiting center must issue an official warning to the person to stop evasion of military registration.
Regarding the current responsibility for persons are responsible for keeping military records, should be notes the following – for violating the rules of military records administrative responsibility is assumed, namely: Article 210-1 (part 2) of the Code of Administrative Offenses of Ukraine provides for violations of defense legislation, mobilization training and mobilization fine from 5 100 to 8 500 UAH.
The Resolution entered into force on 5 January 2023.