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Publication date: 14.05.2024
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Theory vs practice: Employers complain of difficulties in booking conscripts
The Federation of Employers of Ukraine shared the discussions at the meeting with representatives of the authorities, which related to the discussion of the Procedure for the reservation of conscripted workers and the Criteria for determining enterprises that are critically important for the functioning of the economy and ensuring the livelihood of the population for the purposes of reservation, as well as the establishment and maintenance of military records.
The business indicated the biggest problems:
1. The impossibility of practical implementation of the Law of Ukraine dated October 21, 1993 No. 3543-XII "On Mobilization Training and Mobilization" in terms of booking employees in the case of production of goods, performance of works and provision of defense services to meet the needs of the Armed Forces of Ukraine and other military formations through the Ministry of Defense , military units even in the presence of direct contracts with them.
2. Disapproval by the General Staff of reservation lists for a long time, more than 2.5 months.
3. Non-inclusion of EUV in the composition of taxes, fees and payments when determining one of the criteria on the basis of which an enterprise is determined to be critically important for the functioning of the economy for reservation purposes.
However, currently the question of including EUS in the composition of taxes, fees and payments for determining the enterprise is critically important is being agreed upon by the Ministry of Statistics, the Ministry of Internal Affairs, the Ministry of Defense, the Customs Service, and the State Border Service.In the future, amendments will be prepared to the resolution of the Cabinet of Ministers of Ukraine dated January 27, 2023 No. 76 "Some issues of implementation of the provisions of the Law of Ukraine "On Mobilization Training and Mobilization" regarding the reservation of conscripts for the period of mobilization and wartime."
Changes will also be prepared and submitted to the Government for consideration in the near future regarding the establishment of clear deadlines for approval by the General Staff of lists of employees proposed for reservation in 10 working days.
There are a number of shortcomings in the lists, according to which enterprises offer to reserve employees, in particular, non-compliance with the Supreme Council of Ukraine orders No. 3171 and No. 4122, including returning for correction in the event of errors in the data for more than 5 employees, lack of a certificate of identification the maximum number of conscripts or its incorrect filling.
1 Order of the Ministry of Defense of Ukraine dated September 7, 2020 No. 317 "On approval of the lists of military accounting specialties and full-time positions of private, sergeant and senior officers and tariff lists of the positions of the above-mentioned military personnel"
2 Order of the Ministry of Defense of Ukraine dated February 10, 2022 No. 50 "On Amendments to the Order of the Ministry of Defense of Ukraine dated June 20, 2012 No. 412/DSK"
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In addition, the business raised the following issues:
1. Practical implementation of the provision regarding the withdrawal of a draft from a conscript in the event of his release after receiving a decision of the Ministry of Economy within a five-day period.
2. Filling in a significant amount of information in the Report on the number of conscripts who are reserved, note No. 3.
3.The issue of going on a business trip abroad with an extract of the booking order in the presence of a company seal without a TCC and SP mark.
4. Legality of refusals of some TCCs and joint ventures to place on a special military record those booked in the case of booking according to the Order of reservation of conscripts by state authorities, other state bodies, local self-government bodies and enterprises, institutions and organizations for the period of mobilization and for wartime, approved by the resolution of the Cabinet of Ministers of Ukraine dated February 4, 2015 No. 45 "On approval of the Procedure for the reservation of conscripts by state authorities, other state bodies, local self-government bodies and enterprises, institutions and organizations for the period of mobilization and during wartime".
5. Replacement of inactive and excluded VOS by a company representative without the participation of a conscripted employee.
6. Reservation of part-time employees.
7. Submission of quarterly reports if the deadline for submitting quarterly reports has not arrived.
8. The procedure for processing documents for the reservation of more than 50% of the maximum number of conscripts, as well as the possibility of booking workers for deficient VOS.
