Publication date: 08.05.2024
active and purposeful military lawyer with more than 4 years of experience
The Law of Ukraine dated April 11, 2024 No. 3633-IX "On Amendments to Certain Legislative Acts of Ukraine Regarding Certain Issues of Military Service, Mobilization, and Military Registration" (hereinafter Law No. 3633) will enter into force only on May 18, but the document immediately began "disassemble into molecules" military experts, analysts and lawyers, as well as the Ministry of Defense itself, explaining the main changes. And at some territorial centers of recruitment and social support, queues of those willing to update their military registration data have already lined up, something that has not happened since the beginning of a full-scale war.
One of the norms of the new law is the obligation to update your data within 60 days after the law comes into force. And although this norm (requirement) does not apply until it comes into effect, you can update your personal data now, without expecting the maximum excitement.
What documents should be brought to the TCC for verification of personal data
Major Roman Istomin, the spokesman of the Poltava regional TCC and SP, said what documents should be brought to the reconciliation.
R. I. First of all, you need to come to the TCC and SP with personal and military registration documents: passport, identification code, military ticket (or temporary ID). And to update the data, you need to take all the documents that confirm the changes to the same data.
For example, if a citizen has the right to deferment during mobilization, he must bring documents confirming this right.All grounds for granting a postponement are defined in Article 23 of the Law of Ukraine dated October 21, 1993 No. 3543-XII "On Mobilization Training and Mobilization."
? What personal data are we talking about? Surname, first name, place of registration and actual stay?
R. I. In total, more than three dozen of them have been identified. Those mentioned in the question are at the top of this list. It also contains information about marital status, phone numbers and e-mail addresses, details of a passport of a citizen of Ukraine and a foreign passport, information about a change of citizenship, about a change (establishment) of a disability group, the information I have already mentioned about the right to deferment from military conscription service during mobilization...
Some of them, such as a phone number, do not require documentary confirmation. However, in order to be entered into the Unified Register of Conscripts, most changes must be confirmed by relevant documents.
? Do you need to take your driver's license with you?
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R. I. Why? Well, unless a conscript wants to serve as a driver - then he can take it.
? If a person has chronic or acute diseases, should he bring medical documents that confirm his current diagnoses?
R.I. VLK doctors have access to the information system Helsi, where all medical documents are stored. But if a person knows that he has any diagnosed diseases or certificates are not entered into this system, then it is worth taking a document that confirms the diagnosis. If a person has a disability, he must have an MSEK certificate.
A conscripted citizen who arrives to clarify his military registration data will definitely be sent to the VLK, even if he is granted a deferment. Information on fitness for military service, which is determined by the VLK, is one of the items of military registration data. Therefore, there is no need to be afraid of this or to accuse the TCC of the illegality of such a referral.
Within what time must a conscript inform the TCC and SP about a change in personal data?
According to the resolution of the Cabinet of Ministers of Ukraine dated December 30, 2022 No. 1487 "On approval of the Procedure for the organization and maintenance of military records of conscripts, conscripts and reservists", changes in personal data must be reported within seven days of such changes.
? That is, can all this data be updated now or in a certain 60-day period?
R. I. They needed to be updated a long time ago! Of course you can upgrade now.The norm you are asking about has not yet entered into force, but if you do not update the data within the allotted time, then this will entail an administrative penalty - the citizen will receive a fine under Article 210 of the Code of Ukraine on Administrative Offenses (hereinafter referred to as the Criminal Code of Ukraine), and if not it is within 60 days after the entry into force of Law No. 3633, then Article 210-1 will be applied.
? What is the difference between them?
R. I. Article 210 of the Code of Criminal Procedure is a violation of the rules of military accounting. In a special period, it stipulates a fine of 50-100 of the tax-free minimum income of citizens, i.e. 850-1700 hryvnias. And Article 210-1 of the Criminal Procedure Code is already a violation of the legislation on mobilization. And the fine for this in a special period already amounts to 300-500 tax-free minimums (5100-8500 hryvnias). Of course, this is much more noticeable for the wallet of an average citizen.
Military accounting audit — comprehensive analysis of personnel documentation and verification of its compliance with legislative requirements
? We simulate the situation: the man received a summons, and it indicated only a small (one should guess, the main) number of documents with which he had to come to the TCC and SP. And if the man did not take medical documents, which give him reasons for commission/postponement, then he would be told that he does not have such guarantees?
R.I. It is necessary to distinguish between "commissioning", i.e. recognition as unfit for military service due to health, and postponement. Eligibility is determined by the VLK, which consists of civilian doctors who have no relation to the TCC and SP. They have access to Helsi, as I said, and they get all the information from there. Well, they examine and interview conscripts, of course.
At the same time, granting deferrals is the competence of the TCC. If a citizen does not bring documents that confirm his right to deferment, if he does not tell the TCC about it, it is clear that we will not be able to issue it.
How should Ukrainians abroad update their military registration data if consular offices are closed? Should they return to Ukraine for this?
R.I. According to the Ministry of Defense, those who are outside the country will have the opportunity to update their military registration data at consular offices, as well as through an electronic cabinet, which is planned to be launched in June. But as of now there is no such thing, so you can update your military registration data only in the TCC, that is, in Ukraine.
It is important to understand that a man living abroad remains a citizen of Ukraine, and he has certain obligations to his country, in particular, to protect it from Russian invaders.
