Publication date: 06.06.2024
lawyer, 23 years of experience in enforcement.
For more than a year, a new system of military accounting at enterprises has been in operation in Ukraine, created by Order No. 1487 of December 30, 2022 (more broadly, the Order). The procedure involves numerous obligations for employers, failure to fulfill which may lead to prosecution of officials.
The employer's obligations regarding military accounting are divided into three categories:
- - responsibilities for checking military records of employees (checking military records upon hiring, keeping copies of documents, periodically reviewing lists of personal military records along with entries in military records).
- - conducting research on the reasons for the rules in the military sector and familiarizing employees with the rules on signatures.
- - responsibilities for informing recruitment centers and social support centers (hereinafter also referred to as TCPs and SPs) about hiring employees, making changes to the military records of employees, and cases of violations of the rules of military records;
- - responsibilities for checking employees and ensuring their timely arrival at TCC and JV.
Liability for crimes
Non-fulfilment by enterprises of the obligations provided for in the Procedure has the consequence of bringing the relevant officials to account, which involves the imposition of a fine.
In particular, in the current part of Article 210-1 of the Code of Ukraine on Administrative Offenses (hereinafter referred to as the Code of Administrative Offenses) it is established that violations of defense legislation, preparation for mobilization and mobilization in a special period are subject to liability for violation of defense legislation. (for the period of martial law in Ukraine) a fine is imposed on officials with a minimum income of two thousand to three thousand five hundred non-taxable incomes of citizens (for 2024, it is from UAH 34,000 to 59,500).
The process of criminal prosecution
Employers who violate the rules of the procedure are easily recognized during the inspection of the TKK and SP, these two subjects have the right to conduct this procedure precisely for the purpose of monitoring the state of the organization and keeping military records.
In particular, district (city) TCCs and associations evaluate:
- - Every year, including holidays and weekends, at least one million people are employed at the enterprises participating in the prizes, who are planned to work at these enterprises during their mobilization or at least for the purpose of wartime employment.
- - Once every four years in different organizations.
Regional TCCs and JVs, as well as Kyiv TCCs and JVs, participate in annual inspections of plans, which are approved by the heads of Kyiv regional and city administrations.
In addition, in the case of impossibility of carrying out plans to check the status of military records at the enterprise, a written request for information may be sent to the enterprise.
Often, during inspections, the TCC and SP demonstrate the facts of violation of the requirements of the Procedure by the authorized officials of corporations.
The Code on Administrative Offenses empowers the CC and SP to consider cases on administrative offenses in accordance with Article 210-1. As part of TCC and JV, company managers impose administrative sanctions on behalf of the two companies. In addition, the decision on the imposition of an administrative penalty can be appealed within 10 days from the day of its issuance.
Specialists of the legal service "Consultant" will provide services of a business lawyer and help in such matters as the preparation of military accounting for an enterprise, if necessary, prepare documents and appeal fines imposed by the TCC, claims to the debtor, contract preparation, contract preparation, Preparation of a claim to a debtor, counterparty verification, debtor claims , the debtor's claim, and will accompany at all necessary stages to resolve the relevant issue.
