Publication date: 04.11.2024
I am Mariya Borevich, your personal lawyer. My primary goal is to help clients find optimal solutions to current legal issues, ensuring reliable protection of their interests. I specialize in family, civil, and military law, which allows me to effectively handle a variety of situations and cases. In family law, I provide support in resolving issues related to divorce, property division, establishing and challenging parental rights, alimony, and child custody. I understand that these matters are often emotionally complex, so I always strive to find the most delicate and fair solutions for all parties involved. In civil law, I assist in settling disputes related to contracts, property rights, compensation for damages, inheritance, and other issues concerning the protection of personal and property interests. Special attention is given to military law — supporting servicemen, protecting their rights and interests related to military service, social guarantees, and legal disputes. This area requires deep knowledge and understanding of the specifics of military service and the legislation regulating it.
Updating data in TCC and SP is a procedure during which conscripts and reservists provide or confirm current information about themselves. This includes reporting changes in residence, marital status, education, health, work or study. Such information is essential for maintaining an up-to-date database of conscripts and is used in the event of mobilization or call to duty.
Question
What data needs to be updated?
Answer
The updated data include: address of residence — change of place of registration or actual residence; marital status — marriage, divorce, birth of children; education — obtaining a new degree or graduation; health status — changes that may affect fitness for military service; place of work or study - change of job, new place of employment or graduation.
The legislation does not specify a clear update frequency, but provides for the obligation to notify TCC and JV about changes within seven days from the moment of their occurrence. Failure to update data on time or failure to do so may result in administrative penalties and, in some cases, more serious liability if it interferes with the performance of military duties.
During the period of martial law, responsibility for violations of military accounting rules, in particular for late updating of data in the Territorial Center for Manpower and Social Support (TCC and SP), becomes stricter, and control over compliance with these rules is strengthened. Liability may include administrative or even criminal measures, depending on the situation and consequences of the violation.
Types of liability for failure to update data during martial law:
- Administrative responsibility: for violation of military records, which includes untimely updating of data, an administrative fine is provided in accordance with the articles of the Code of Ukraine on administrative offenses. The size of the fine during martial law can be increased from UAH 17,000 to UAH 25,500.
- The moment of accountability: responsibility for not updating data occurs if the conscript does not report changes within seven days from the moment of their occurrence. The TCC and SP can draw up a protocol on an administrative offense, which is considered by the court, determining the fine.
- Criminal responsibility: During martial law, evasion of military registration may be considered a willful violation aimed at avoiding mobilization. If not updating the data is considered as a way to evade conscription, criminal prosecution is possible under Article 336 of the Criminal Code of Ukraine ("Evasion of conscription for military service during mobilization"). This can lead to imprisonment for 3 to 5 years.
- When criminal liability arises: criminal liability may arise if it is proven that the late update of data caused a delay in the prize or other negative consequences for public security.
Question
Why is it important to update data during martial law?
Answer
During martial law, updating information in military records is critical to planning mobilization resources and maintaining national defense readiness. Failure to update data in a timely manner can be interpreted as a serious violation, and the TCC and SP closely monitor the fulfillment of this obligation.
A lawyer can help in cases where the renewal deadline is missed, as well as in disputed situations related to determining the severity of the consequences of the violation. A military lawyer can also provide support in court when considering administrative offenses or in the case of criminal liability, if there are circumstances that can mitigate the punishment.
How to avoid liability?
Conscripts should regularly check the relevance of their data and timely notify TCC and SP about changes. If circumstances prevent a personal visit to the TCC and JV, you can consult with a lawyer about ways to transfer information or possible exceptions. A military lawyer of the legal service "Consultant" can provide comprehensive assistance to avoid or minimize responsibility for not updating data in the TCC. Here's how a lawyer can help in such a situation:
- Analysis of the situation and consultation: the lawyer will find out all the circumstances of missing the deadline for updating the data, including possible valid reasons (illness, business trip, personal problems, etc.). This is important for justifying the reason why the data was not updated in time.
- Preparation of documents: If you can provide supporting documents (medical certificates, information about family circumstances), the lawyer will help to prepare them correctly so that they can be considered as substantiation of good reasons.
- Legal representation: in the case of administrative proceedings, a lawyer will represent your interests in court, arguing good reasons for missing the deadline in order to avoid or reduce the fine.
Support in case of possible criminal proceedings: if the case could potentially lead to criminal liability (in particular, for evasion of mobilization), the lawyer will help ensure the correct conduct of the defense.
Protection of rights in TCCs: A military attorney can also assist in cases of wrongdoing by TCCs and SPs, if the requirements to update data or the sanctions imposed are unreasonable or excessive.
Legal service "Consultant" can provide comprehensive assistance to avoid or minimize responsibility for not updating data in the TCC, namely:
a military lawyer can provide comprehensive assistance to avoid or minimize liability for not updating data in the TCC;
a military lawyer can also help in cases of wrongdoing by TCCs and SPs, if the requirements to update data or imposed sanctions are unreasonable or excessive;
contacting a lawyer in such a situation can significantly reduce the risk of imposing a fine or other liability and ensure proper legal support in case of conflicts with TCC and SP.
Services of a military lawyer can be useful if you have missed the deadline for updating your data or if you have doubts about the information provided.
A lawyer will help prepare the necessary documents, explain the legal requirements and provide support to avoid or minimize liability. Contacting a lawyer in such a situation can significantly reduce the risk of imposing a fine or other liability and ensure proper legal support in case of conflicts with TCC and SP.
