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Publication date: 07.05.2024
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The military ID indicates “removed from military registration”, but in fact the person is liable for military service
QUESTION
Can we employ a man born in 1990, whose temporary certificate indicates that he was removed from military registration in 2009 on the basis of Order No. 342?
ANSWER
According to the second part of Article 24 of the Labor Code of Ukraine, when concluding an employment contract, a citizen must submit, in particular, the appropriate military registration document.
At the time a person was registered for military service, Resolution of the Cabinet of Ministers of Ukraine dated December 7, 2016 No. 921 “On approval of the Procedure for organizing and maintaining military registration of conscripts and those liable for military service” was in force (hereinafter referred to as Procedure No. 921).
According to Order No. 921, the hiring (training) of conscripts and those liable for military service is carried out only after they are registered for military service at the district (city) military commissariats, as well as in the case of being registered for military service with the SBU and the Foreign Intelligence Service.
Military registration documents in accordance with paragraph 20 of the Procedure for organizing and maintaining military records of conscripts, those liable for military service and reservists, approved by Resolution of the Cabinet of Ministers of Ukraine dated December 30, 2022 No. 1487, on the basis of which military records are maintained at the enterprise, are:
• for conscripts - a certificate of registration at the conscription station;
• for those liable for military service - a military ID or temporary certificate of a person liable for military service;
• for reservists – military ID. Journal of the results of checking the status of military records
Format (size): 210×297 mm. • Volume: 60 s.In this situation, the temporary certificate indicates that the citizen has been removed from military registration in accordance with paragraph 4 of paragraph 2 of part 5 of Article 27 of Article 37 of the Law of Ukraine of March 25, 1992 No. 2232-XII “On Military Duty and Military Service” (for others cases by decision of the Ministry of Defense of Ukraine).
A clarifying note about removal from such registration for health reasons, as evidenced by the entry - order of the Ministry of Defense of Ukraine dated June 9, 2006 No. 342 “On approval of changes in the Manual on military registration of warrant officers, midshipmen, sergeants, foremen, reserve soldiers and sailors of the Armed Forces Ukraine and other military formations" (hereinafter referred to as Order No. 342). This is precisely what is regarded as a reason for deregistration from the military register. And also the citizen is recognized as limitedly fit in wartime on the basis of the corresponding record.
During the period 2006 to 2015, on the basis of Order No. 342, a large number of people were removed from military registration. The corresponding entries were made in the military records.
registration of ensigns, midshipmen, sergeants, foremen, soldiers and reserve sailors of the Armed Forces of Ukraine and other military formations" (hereinafter - Order No. 342). This is considered as a reason for removal from military registration. Also, a citizen is recognized as having limited fitness during wartime on the basis of a corresponding record.
During the period from 2006 to 2015, on the basis of Order No. 342, a large number of people were removed from military registration. Corresponding entries were made in military tickets.
However, on January 15, 2015, the order of the Ministry of Defense of Ukraine dated January 15, 2015 No. 24 "On Amendments to the Instruction on the Military Registration of Ensigns, Midshipmen, Sergeants, Foremen, Reserve Soldiers and Sailors in the Armed Forces of Ukraine and other military formations" canceled the provision on removal from military registration of citizens recognized by the Military Hospital Commission (hereinafter referred to as the Military Hospital Commission) as unfit for military service in peacetime and limitedly fit in wartime.
That is, it turns out that a person has a military card in his hands, which says: "removed from military registration", but in fact he is conscripted.
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Accordingly, such a person is subject to military registration, since "removed from military registration" is not the same as "excluded from military registration".
In order to ensure the completeness, reliability and quality of the records of all conscripts, information on the exclusion, suitability, unfitness of such conscripts is important.In order to obtain such a record, it is necessary that, when passing the medical commission, the VLK should establish an article with a list of diseases specified in the order of the Ministry of Defense of Ukraine dated August 14, 2008 No. 402 "On the approval of the Regulation on military medical examination in the Armed Forces of Ukraine" (hereinafter - Regulation No. 402).
After analyzing the data of the temporary certificate and assessing the risks for the employer when accepting such a person, the candidate should be recommended to enter the military register at his place of residence, where he will be sent to undergo a medical examination to update the data.
However, we remind you that the company cannot use coercive measures against a candidate for a position or an employee who is conscripted, who violates the rules of military registration. The only thing is that you can refuse employment if the person refuses to follow your recommendations.
