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Publication date: 06.04.2024
active and purposeful military lawyer with more than 4 years of experience
According to the Constitution of Ukraine, the protection of the state is a constitutional duty of the citizens of Ukraine. The Verkhovna Rada of Ukraine provided for a certain category of citizens the possibility not to fulfill this duty. There is a certain list of conscripts who are not subject to conscription for military service during mobilization.
Yes, in accordance with Art. 23 of the Law of Ukraine "On Mobilization Preparation and Mobilization" defines an exclusive list of grounds for obtaining a postponement for the period of mobilization.
Thus, state authorities, local self-government bodies, as well as an exclusive list of enterprises, institutions and organizations have the right to reserve employees during martial law.
Booking, as one of the types of postponement, is made on:
- the period of mobilization for employees of state authorities/local self-government bodies;
- up to 6 (six) months for employees of enterprises, institutions and
organizations, in simple words for business.
Which business has the right to book employees?
Only those companies that have passed the procedure of recognition of critical importance have the right to book their employees.
Resolution of the CMU No. 76 defines the list of criteria that a business must meet in order to obtain the status of critical importance for the functioning of the economy and ensuring the livelihood of the population in a special period and in conditions of martial law.
The enterprise must meet at least three criteria, namely:
- the enterprise is a large taxpayer (the total amount of taxes/fees paid must exceed the equivalent of 1.5 millioneuro);
- the amount of receipts in foreign currency exceeds 32 million euros;
- is of strategic importance (a list of state-owned objects of strategic importance for the economy and security of the state);
- industry criterion (defined by the regulator as important for the sector of the economy/satisfaction of the needs of the territorial community);
- absence of arrears for the payment of EUV;
- the amount of the average salary is not less than that determined by the State Standard for the IV quarter of 2021 in the region of location;
- a resident of DiyaCity.
Regarding the reservation procedure:
The package of reservation documents is submitted to the same authority/military administration that issued the order/designated the critical enterprise.
The package of documents should include the following:
- list of employees to be booked (in word and exeel format);
- a certificate on the number of conscripts according to the uniform;
- justification of the reason for the reservation in the form of a letter of arbitrary form.
All the specified documents are submitted in paper and/or electronic form, which depends on the body conducting the review.
For example: financial institutions/banks submit documents for the purpose of booking employees to the National Bank of Ukraine exclusively in electronic form; farmers submit documents to the Ministry of Agrarian Policy and Food of Ukraine; information about employees in the field of IT is submitted to the Ministry of Digital Affairs by sending it to e-mail.
After receiving the package of documents, the regulator carries out within 5 days sending the latest list of employees for approval and verification to
General Staff of the Armed Forces of Ukraine.The General Staff of the Armed Forces shall establish within 10 (ten) working days
Correspondence of military accounting specialties of employees who indicated in the list with data contained in the Unified Register "Oberig".
Tip: the lists that are submitted to the authorized body have carefully check, because in case of inconsistency of information and if inaccurate information is provided, the lists are returned for revision.
If the data and lists are compiled correctly, the documents agree and are sent to the Ministry of Economy of Ukraine sent to the Ministry of Economy of Ukraine.
The Ministry within 5 working days from the date of receipt of the specified lists, makes a decision on the reservation of conscripts.
It should be noted that the reservation lists include conscript workers who have:
- military ID card or temporary identity card of a conscript;
- non-deficient military accounting specialty (VOS);
- current military accounting specialty (not outdated);
- are registered with the TCC, which are located in the territory controlled by Ukraine.
Checking the relevance of the VOS of the officer staff is carried out in accordance with Ministry of Defense No. 444 dated August 1, 2023.
The document confirming the employee's reservation is an extract from
the order of the Ministry of Economy under the signature and seal of the director general director of the company. This document is issued personally "on hand" to each employee in the original during 5 (five) days from the date the company receives the decision of the Ministry of Economy and accordingly is a confirmation of the reservation.
