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Publication date: 21.05.2024
lawyer, 23 years of experience in enforcement.
Registration of conscripts at the enterprise
In accordance with the approved Resolution of the Cabinet of Ministers of Ukraine No. 1487, in the protocol on the organization and maintenance of military records of conscripts and reservists, it is established that citizens of Ukraine can be hired only if they have official records in the local territorial center of recruitment and social security (TK and SP ), as well as bodies of the Security Service of Ukraine (SBU) and units of the Foreign Intelligence Service (as specified in para. 2, clause 34 of the Procedure).
According to paragraph 20 of Order No. 1487, military registration documents are:
- for conscripts - a certificate of registration at the conscription station;
- for conscripts - a military card or a temporary certificate of a conscript;
- for reservists - a military card.
According to paragraph 34 of the Procedure, checking the military registration document of individuals during employment is mandatory for all state bodies, local self-government bodies, enterprises, institutions and organizations.
At this stage, the employer's personnel service checks whether the candidate has a military document before hiring. According to paragraph 13 of the Procedure, if the employer designates a person to keep military records, he is obliged to notify the relevant district (city) TCC and SP within seven days from the date of issuing the relevant order.
Verification of military registration documents applies not only to men, but also to women. According to Clause 21 of Order No. 1487, women with a medical or pharmaceutical specialty, as well as those who have chosen a military accounting profession of their own free will, are required to undergo personal military registration. The specific list of professions that fall under this category is approved by the Ministry of Defense.
At the same time, it is important to pay attention to the fact that paragraph 51 of this order specifically specifies that women who have received a medical or pharmaceutical education and have not previously been on military registration have the right to undergo military service until the end of 2026. In accordance with the instructions set forth in Clause 34 of Order No. 1487, the responsible person of the employer's personnel department is obliged to ensure that conscripts, conscripts and reservists receive the necessary information on military registration, which must be signed by their own hand. The approved form of this document can be found in Appendix 2 of the Procedure.
Responsibility for violations of normative acts, as well as legislation on defense, mobilization training and mobilization is defined by the rules. These rules distinguish between the duties of conscripts, conscripts and reservists, and also relate to careless storage or damage to military records, which resulted in their loss. In addition, Clause 19 of Order No. 1487 obliges employers to print and post these Rules in public places.
Clause 34, which defines additional obligations of employers, is included in Order No. 1487. One of these duties is conducting informational interviews with employees who belong to the category of conscripts, conscripts and reservists, ensuring their compliance with the Military Accounting Rules.
When issuing an order on the acceptance of a conscript to work, provided for in clause 41 of Order No. 1487, the employer must enter information about this in the personal military and operational records of conscripts, conscripts, and reservists within five days.
The approved form, defined in Appendix 5 to the Procedure, provides that the lists containing the necessary information can be kept both in electronic and paper form. These lists are organized into four different groups: officers, enlisted men, non-commissioned officers, and enlisted women. In addition, there is a separate list for conscripts in general. Operational accounting of conscripts, conscripts and reservists (according to Appendix 12 to the Order) includes data on the total number of conscripts, as well as conscripts and reservists separately. This account is kept together with the personal military account.
Lists of personal military accounting and information of operational accounting are filled out and signed by the person responsible for keeping military accounting at the enterprise. Information on persons excluded from personal military registration is stored in such lists until the end of the current year, with corresponding information about their number reflected in information on operational registration of conscripts, conscripts and reservists.
Clause 34 of Order No. 1487 also defines the obligation of the employer to send a seven-day period from the date of issuance of the order on employment, dismissal to the relevant district (city) TCCs and joint ventures, SBU bodies, units of the Foreign Intelligence Service, notifications about changes in conscripts' registration data, conscripts and reservists;
In the case of dismissal from work, completion of training (deduction from an educational institution) of conscripts, conscripts and reservists, information about their dismissal is entered within five days in the lists of personal military records, as well as information on operational records of conscripts, conscripts and reservists .
Clause 51 of the Procedure stipulates the employer's duty to inform the relevant district (city) TCC and SP about women who work at the enterprise, have received an education in the medical or pharmaceutical specialty and are not on military registration.
So, today, it will be advisable for the company to get the services of a legal services for business ( business services ). Specialists of the legal service "Consultant" will provide legal support to the business and help with the preparation of the contract, contract preparation, etc. The services of a business lawyer will help to avoid fines provided for improper maintenance of military records of conscripts.
