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Publication date: 13.05.2024
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Who will be fined for violating the requirements for keeping military records at the enterprise?
From January 5, 2023, the rules for keeping military records have been changed. Currently, the requirements are established by the Procedure for organizing and maintaining military records of conscripts, conscripts and reservists, approved by Resolution of the CMU dated December 30, 2022 No. 1487 (hereinafter - the Procedure).
In accordance with this Order, the employer must provide a personal military record of each male employee (the only exception is men who have been excluded from the military record). It should be noted that the military records of all conscripts, conscripts and reservists are kept according to their place of residence.
For this purpose, during hiring, the employer receives from the employee a corresponding military registration document.
The employer's task is to check the presence of a mark on military registration in territorial recruitment centers (hereinafter - TCC and SP), SBU bodies or divisions of the Foreign Intelligence Service.
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About registering women
As for women with a medical or pharmaceutical education who are not yet on military registration in the TCC and SP, they can be employed as non-military conscripts until the end of 2026. However, the employer is obliged to inform the TCC and the JV about such employees.The entire list of tasks, functions and actions that enterprises, institutions and organizations of all forms of ownership are obliged to perform within the framework of mobilization preparation and mobilization, in addition to the Order, is established by a number of other legal acts:
• Constitution of Ukraine;
• Law of Ukraine dated December 6, 1991 No. 1932-XII "On the Defense of Ukraine";
• Law of Ukraine dated October 21, 1993 No. 3543-XII "On mobilization training and mobilization";
• Law of Ukraine dated March 25, 1992 No. 2232-XII "On Military Duty and Military Service".
What is the responsibility for violating the rules of military accounting
The Code of Ukraine on Administrative Offenses (KUpAP) defines responsibility for violations of the rules of military record keeping - Article 210-1 "Violation of legislation on defense, mobilization training and mobilization."
The amount of the fine is defined in the non-taxable minimum incomes of citizens. Yes, it is:
• for natural persons (responsible persons for keeping military records) from one hundred to two hundred tax-free minimum incomes of citizens (1,700-3,400 hryvnias);
• for officials (managers) - from two hundred to three hundred tax-free minimum incomes of citizens (3,400-5,100 UAH).
If the offense is committed repeatedly within a year or during a special period (wartime), the fine will be:
• for individual citizens (persons responsible for keeping military records) from one hundred to two hundred tax-free minimum incomes of citizens (3,400-5,100 UAH);
• for officials (managers) - from two hundred to three hundred tax-free minimum incomes of citizens (5,100 - 8,500 UAH).Penalty for ignoring the requirements for keeping military records
For neglecting the requirements for keeping military records, a fine can be imposed on the head of the enterprise. For violation of the procedure for keeping military records - both the head of the enterprise and the person responsible for keeping military records in accordance with the order.
Cases of violations of the legislation on defense, mobilization training and mobilization and, accordingly, cases of violations by employers of the rules of military accounting as a component of such violations are considered by the TCC. On their behalf, the heads of TCC consider cases of administrative offenses and impose administrative fines (Article 235 of the Code of Administrative Offenses).
