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Publication date: 01.05.2024
Practicing attorney and lawyer with more than 12 years of practical experience in various branches of law
Recently, the President signed Bill 3549, which introduced provisions about the electronic register and the electronic cabinet of the person liable for military service. In this article, we will discuss whether everyone should or should not have one and how it will affect the rights and interests of ordinary citizens.
Who is obliged to create an electronic conscript's office
Bill 3549 appoints the Ministry of Defence of Ukraine as responsible for maintaining the electronic register of the person liable for military service. And it states that each person liable for military duty or conscription will have its own electronic cabinet. That now any documents, applications can be submitted through this electronic cabinet, where the result of their processing will also be received.
It sounds beautiful. But who will do all this.
There are no provisions in this bill that every person liable for military service will be obliged to register his electronic account. But that doesn't mean there won't be. Let me remind you that we still have bill 10379, which plans to strengthen liability measures for non-compliance with the rules of military registration, and bill 10449, which could change everything radically. Therefore, it will not cost anything to introduce this obligation by any other bill.
And even if a person liable for military duty does not have the obligation to register his electronic account as such, it does not mean that he will not have to do it.
Yes, it may be that if such an obligation is not explicitly stated anywhere, you will not be fined for its absence.
But at the same time, as soon as you will appear in TCC and SP to clarify data, receive military registration documents, registration of deferment from mobilisation, reservation and other issues, I am sure that you will be forced to do everything through the electronic cabinet. And there will be no other way out.
For the time being, all these functions will be assigned to TCC and SP and the electronic register will be kept by this body. But, as we all understand, all persons liable for military duty will be forced to become participants of this.
TCC will know everything
Yes, it will be so and already in the near future. TCC will very soon have access to all data of all persons liable for military duty and to all registers of the Civil Registry Office, the Pension Fund, the Tax Office, the Social Security Administration, the CNAP and local authorities.
And I am sure that this will be the case.
Work on this has been underway for a long time. When I went to the civil registry office I saw their employee preparing some data and tables for military registration centres.
So I think that in the near future it will become a reality.
And what does it mean for ordinary citizens?
Firstly, if until today, some people managed to hide the presence of some relative and thus get deferment, for example, under paragraph 11 of article 23 of the Law of Ukraine "On mobilisation preparation and mobilisation", then further it will become impossible.
And those who have already done so will have a lot of interesting questions.
Secondly, some employers have been hiding some employees from military commissions to this day. These are, of course, isolated cases. But they did occur. Now it will be physically impossible to do so.
The conclusion is that business will increasingly go into the shadows.
And the third. Many citizens of conscription age are still not registered anywhere in any TCC. Yes, this is a violation of the rules of military registration on their part. But they have actually been lost. And if they don't receive some summons on the street, then in fact nobody touches them yet.
But now all these citizens will be discovered, summoned to the TCC, fined and forced to become registered.
All in all, as you can see, such are the prospects.
Electronic summonses to the military enlistment centre
No matter who and what they say in the media, I am sure that after the electronic registers of conscripts and persons liable for military duty are created, everyone will be forced to create an electronic conscript's office, everyone will immediately start receiving electronic summonses to the military enlistment office. And I am afraid that it will be massive.
First of all, those who have not been there for a long time, and who, according to the TCC data, have no grounds for deferment. Also to those who according to the last medical commission have the status of "limited fitness" or who had it more than 5 years ago.
And of course to all those who are in the wanted database.
And it will be impossible not to receive this summons.
I'm sure there will be a law that this subpoena is considered automatically served from the moment it is sent electronically, regardless of whether you opened it or not, whether you saw it or not, whether you have a smartphone or not.
Which means that the penalties for failing to appear on it will be the same as for failing to appear on a regular summons handed to you.
It is also certain that there will now be more penalties for failing to attend a summons to clarify data. Whereas up until now, some such no-shows have been lost sight of because of broken registers, now, if all data is entered into the electronic register, such cases will be rare.
I know that I have not pleased you much. But I believe that my function on this channel is not so much to please, but to tell objectively the essence of things, the consequences for citizens and ways to avoid these undesirable consequences.
Escort at the territorial recruitment and social support center is actual nowadays, fine for failure to appear at the military commissariat is more and more, theft of people is not problem for military commissariat, responsibility for failure to appear at the military commissariat is strict.
