In the context of martial law, it is crucial to ensure the proper and lawful conduct of military registration at enterprises.
Many are asking: Who is responsible for organizing and maintaining military records at the enterprise? What types of military registration exist? What documents are required for registration? What are the legal consequences of failing to comply with military registration procedures? Let’s delve into these questions and provide comprehensive answers.
The Cabinet of Ministers of Ukraine, by Resolution No. 1487 dated December 30, 2022, approved the “Procedure for Organizing and Maintaining Military Registration of Conscripts, Reservists, and Military Obligated Citizens” (hereinafter referred to as the Procedure).
Organization and Maintenance of Military Registration
The responsibility for organizing military registration at enterprises is assigned to their managers (directors), as stated in point 8 of the Procedure. The duties of maintaining military registration at enterprises, institutions, and organizations are assigned to personnel service workers or human resources management services. In the absence of such a position, these duties are transferred to the individual responsible for maintaining the employee records.
Military registration is based on data from the Ukrainian citizen’s passport and military registration documents.
Employment (or enrollment) and personal military registration of conscripts, reservists, and military obligated citizens are allowed only after they have been registered at district (city) territorial recruitment and social support centers (hereinafter – TRCs), the Security Service of Ukraine (SBU), or appropriate intelligence units.
Military registration of military obligated citizens at district (city) TRCs, the SBU, or appropriate intelligence units is carried out in their personal presence. This is only possible with a Ukrainian citizen’s passport (or a passport for traveling abroad when applying through the Ukrainian consulate) and a military registration document if it has been issued and not lost.
Types of Military Registration
Military registration is divided into registration of conscripts, military obligated citizens, and reservists, considering the scope and detail – into personal-qualitative, personal-primary, and personal.
Let’s look at the specifics of each type and who is responsible:
- Personal-qualitative military registration involves collecting and accounting for information (personal and service data) on conscripts, military obligated citizens, and reservists by their declared (registered) residence. These data are summarized in registration documents and entered into the Unified State Register of Conscripts, Military Obligated Citizens, and Reservists. Personal-qualitative military registration is the responsibility of relevant district (city) TRCs, the SBU, and appropriate intelligence units.
- Personal-primary registration involves collecting and accounting for information on conscripts, military obligated citizens, and reservists at their place of residence within a given administrative-territorial unit. In villages, towns, and cities without relevant district (city) TRCs, this responsibility lies with the executive bodies of village, town, and city councils.
- Personal registration involves recording such information at the individual’s place of work (service) or study and is assigned to the heads of state bodies, local governments, enterprises, institutions, and organizations.
Special attention should be paid to personal registration, as it is the most relevant for business entities under current conditions.
Features of Personal Military Registration at Enterprises
To ensure proper personal military registration, personnel service workers or individuals authorized to maintain employee records must verify that Ukrainian citizens have a military registration document or an electronic version of the information contained in it during the hiring process. This check can be done using the “Diia” mobile app, and the military registration rules must be communicated to the employee under a personal signature.
Personal military registration at enterprises is maintained according to the lists provided for by the Procedure.
Every year, by January 25 (as of January 1), those responsible for maintaining military registration must compile personal military registration lists and operational registration data at the enterprise. These documents are signed by the enterprise’s manager and the person responsible for military registration and registered in the record-keeping service.
The personal military registration lists are compiled separately for the following groups:
- the first group – list of personal military registration for military obligated officers (reservists);
- the second group – list of personal military registration for enlisted, sergeant, and senior enlisted military obligated (reservists);
- the third group – list of personal military registration for military obligated women (reservists);
- the fourth group – list of personal military registration for conscripts.
Each group’s lists are accompanied by a file containing copies of military registration documents of conscripts, military obligated, and reservists.
A separate file stores copies of military registration documents of citizens who have been deregistered from military records at TRCs, the SBU, or appropriate intelligence units, except those who have reached the maximum age for reserve service.
Personal military registration lists and operational registration data of conscripts, military obligated, and reservists are maintained in both electronic and/or paper forms.
After issuing an order for employment or dismissal, or upon changing the employee’s registration data for whom personal military registration is maintained, the enterprise must send these details to the TRCs, the SBU, or the appropriate intelligence units within seven days.
Additionally, the Procedure assigns enterprises the following responsibilities:
- notifying conscripts, military obligated, and reservists upon request by TRCs, the SBU, or appropriate intelligence units about their summons and ensuring their timely arrival;
- providing the relevant TRCs, SBU, or appropriate intelligence units with data on the individuals for whom they maintain personal military registration upon request;
- ensuring the completeness and accuracy of the registration data entered into the personal military registration lists;
- periodically reconciling personal military registration lists with records in their military registration documents according to the Procedure;
- making changes to the personal military registration lists following the Procedure;
- receiving, in accordance with the Procedure, military registration documents from conscripts, military obligated, and reservists for submission to TRCs, the SBU, or appropriate intelligence units for verification with registration data and for processing military reservations during mobilization and wartime;
- preparing documents required for reserving military obligated citizens during mobilization and wartime;
- continuously monitoring compliance with military registration rules according to the Procedure;
- maintaining and storing the verification results log;
- adhering to other mandatory norms of the Procedure.
Liability for Violations of Military Registration Rules
Violations of military registration rules by conscripts, military obligated, and reservists are subject to administrative liability under Article 210 of the Code of Administrative Offenses, with fines ranging from 17,000 to 25,500 UAH, depending on the nature of the offense.
Violations of defense, mobilization preparation, and mobilization laws can result in administrative fines ranging from 34,000 to 59,500 UAH (Article 210-1 of the Code of Administrative Offenses).
Evasion of military registration by conscripts, military obligated, or reservists after receiving a warning from the TRC head, SBU leaders, or appropriate intelligence unit heads is subject to criminal liability with fines ranging from 5,100 to 8,500 UAH or correctional labor for up to one year. Evasion of military training (special) duties by military obligated or reservists carries fines from 8,500 to 11,900 UAH or correctional labor for up to two years.
Evasion of conscription for military service during mobilization or in a special period, depending on the severity, can lead to criminal liability with imprisonment for three to five years.
For more detailed consultation on military registration and the specifics of maintaining military records at your enterprise, you can contact the lawyers and legal advisors of the “First Legal” law firm by calling: +38 (044) 35-35-164, +38 (067) 306-89-89, +38 (063) 45-85-448, +38 (099) 367-89-89.