We provide below a brief clarification of certain legislative provisions that have recently become the subject of frequent inquiries.
As demonstrated by recent projects, clients increasingly request clarifications and consultations concerning the legislative regulation of the registration of conscripts, military liable persons, and reservists by enterprises of various forms of ownership.
A systematic analysis of the applicable legislation regarding the obligation to maintain records and provide information on conscripts, military liable persons, and reservists highlights the duties imposed on enterprises of all forms of ownership. These include both the obligation to maintain proper records of conscripts, military liable persons, and reservists, and the duty to provide relevant state authorities with information concerning such individuals. Below, we outline these obligations step by step, with reference to their legal specifics.
The provisions of the Law of Ukraine “On Military Duty and Military Service” and the Procedure for the Organization and Maintenance of Military Records of Conscripts, Military Liable Persons, and Reservists, approved by Resolution of the Cabinet of Ministers of Ukraine No. 1487 dated 30 December 2022 (“Procedure No. 1487”), establish the following obligations for enterprises of all forms of ownership regarding the registration of conscripts, military liable persons, and reservists:
- Maintaining personal military records in the form provided in Annex 5 to Procedure No. 1487 (paragraph 33, subparagraph 1 of Procedure No. 1487).
- Maintaining operational records of conscripts, military liable persons, and reservists in the form provided in Annex 12 to Procedure No. 1487 (paragraph 33, subparagraph 2 of Procedure No. 1487).
As indicated in paragraph 34 (subparagraph 2) and paragraph 36 of Procedure No. 1487, these forms of records are based on military registration documents, which employers are required to verify when hiring Ukrainian citizens. Lists of personal military records (Annex 5 to Procedure No. 1487) must be drawn up separately for the following categories:
- Military liable officers (including reservists).
- Military liable personnel of enlisted, sergeant, and senior ranks (including reservists).
- Female military liable persons and reservists.
- Conscripts.
It should be separately noted that the obligation of enterprises of all forms of ownership to maintain military records is also provided for in the Law of Ukraine “On Military Duty and Military Service.” In particular, Article 34(5) stipulates that the personal registration of conscripts, military liable persons, and reservists includes recording information about such individuals at their place of employment and rests with the heads of the respective enterprises.
Additionally, both the above Law and Procedure No. 1487 establish a range of obligations for enterprises concerning the submission of information to state authorities, including:
- Preparing and submitting annually by 1 December to the relevant district (municipal) territorial recruitment and social support centers lists of citizens subject to initial military registration, in the form prescribed in Annex 6 to Procedure No. 1487 (Article 14(5) of the Law; paragraph 34, subparagraph 12 of Procedure No. 1487).
- Sending, within seven days of issuing an order on employment or dismissal, notifications to the relevant territorial recruitment centers, the Security Service of Ukraine (SBU), or intelligence agencies (depending on the registration of the employees concerned) regarding changes in the records of conscripts, military liable persons, and reservists, in the form prescribed in Annex 12 to Procedure No. 1487 (Article 38(1) of the Law; paragraph 34, subparagraph 4 of Procedure No. 1487).
- Providing, upon request, the relevant state authorities with information on conscripts, military liable persons, and reservists registered by the enterprise (Article 38(9) of the Law; paragraph 34, subparagraph 6 of Procedure No. 1487).
- Reconciling lists of personal military records with the records of the respective territorial recruitment centers and other authorities at least once a year (paragraph 34, subparagraph 10 of Procedure No. 1487).
- Updating, within five days of submission of relevant documents or receipt of information via the Diia portal mobile application, changes in the lists of personal military records regarding name, passport details, address, family status, education, place of work, and position, and submitting monthly notifications of such changes (paragraph 34, subparagraph 11 of Procedure No. 1487).
- Receiving from conscripts, military liable persons, and reservists their military registration documents against signature and submitting them to the relevant state authorities for reconciliation of records, as well as arranging deferrals (reservations) during mobilization and wartime (paragraph 34, subparagraph 13 of Procedure No. 1487).
- Regularly informing state authorities about officials and employees violating the requirements of Procedure No. 1487 and about conscripts, military liable persons, and reservists who breach registration rules, in order to initiate legal liability (paragraph 34, subparagraph 16 of Procedure No. 1487).
From a systematic analysis of the above legislative requirements, it follows that as of today, enterprises (all legal entities regardless of ownership form) are in any case obliged to submit to the relevant recruitment centers only the lists of citizens subject to initial military registration, in the form prescribed in Annex 6 to Procedure No. 1487.
The remaining obligations set forth in Procedure No. 1487 apply only when relevant circumstances arise, such as hiring or dismissing employees subject to registration, changes in their data, specific requests from recruitment centers, or the general requirement to maintain records.
We trust this information will be useful for you. Please note that this information is preliminary in nature and does not cover all possible aspects and risks, which may be subject to further analysis and addressed in a separate detailed consultation. Should you have any questions or require additional information or assistance, please do not hesitate to contact us.
Author: Dmytro Dovzhyk, Attorney-at-Law and Partner at ArtesLex
11 November 2024
Comments are closed for this post.