At the beginning of January a new Resolution No.1487 entered into force. It is intended to reinvigorate the procedure for organizing and maintaining the military registration of conscripts, persons liable for military service and reservists (hereinafter referred to as the CPR).
The new Resolution duplicates the previous Resolution No.921, which was not widely used before the outbreak of the full-scale war. After all, as the practice has demonstrated, the military registration was not well observed by the businesses and was not extensively verified by the TR and SSC – Territorial Recruitment and Social Support Centers (formerly known as military enlistment offices).
However, the situation has changed significantly since 24 February 2022 following an announcement of the general mobilization. The intensification of the military registration track is obviously a trend of the current year, as evidenced by the Resolution updating the Military Registration Procedure. So, what does it entail for businesses?
The new Procedure accentuates the requirement to appoint a person responsible for the maintenance of military records at the enterprise. HR staff or another person responsible for employees’ records at the enterprise shall be appointed as a “head” of military records.
Depending on the number of employees to be accounted for, the number of responsible persons may increase and be organized into separate units.
Therefore, enterprises that have not yet appointed a person responsible for the maintenance of the military records should do so, as such a person is in fact the company's contact with the TR and SSC and communicates directly with them.
The Procedure stipulates responsibilities for enterprises in terms of the maintenance of military records. These responsibilities can be summarized as follows:
Firstly, maintenance and regular revision of various military registration documents, such as a list of personal military registration, operational records of the CPR, and the logbook of inspection results.
Secondly, when hiring, it is necessary to check applicant's military registration documents (for conscripts – certificate of registration, for persons liable for military service – military ID card or a temporary certificate, for reservists – military ID card), applicant’s military registration at the TR and SSC, and inform the applicant of the Rules of Military Registration against a signature, which will be discussed separately below, and notify the relevant TR and SSC upon employment/termination.
Thirdly, regular verification of military records with the TR and SSC, submission of information on the CPR upon their request, and keeping the TR and SSC informed about the officials and CPR at the enterprise, who breach the military registration rules.
Fourthly, accepting the military registration documents from CPRs against a receipt, notifying them of summons to the relevant TR and SSCs, and regularly monitoring that the officials and CPR at the enterprise comply with the military registration rules.
Therefore, enterprises that have not fully implemented military records discipline need to start implementing such provisions to comply with the requirements of the Procedure and mitigate the risks of relevant officials being liable.
Particular attention is drawn to the detailed part, which obliges the director, if received orders from the TR and SSC, inter alia, to serve a notice to the CPR. In particular, the director is obliged to:
Please note that this notification mechanism of the CPR is not new and has not been widely used by the TR and SSCs so far. However, the renewal of this instrument in the new Procedure and elaboration thereof may indicate a certain interest in this instrument on the part of the military and possible prospects for its use in the future.
The Procedure also provides for the possibility to conduct inspections of the organization and maintenance of CPR’s military records. It is envisaged that enterprises will be contacted in advance, i.e., no later than 10 days before the start of the inspection, as to the following matters:
In other words, it is quite possible this year that inspections of businesses for compliance with military registration and maintenance of records will intensify, resulting in the possible imposition of financial sanctions on officials.
Currently, in terms of businesses’ liability, the Procedure is limited to the general wording "shall be liable in accordance with the law".
More specifically, such liability is established by Article 210-1 of the Code of Administrative Offenses of Ukraine, which provides for a fine of UAH 3,400 to 8,500 for officials for violations of the legislation on defense, mobilization training and mobilization (depending on the level of violation).
Although the amount of the financial penalty is relatively small, it cannot be ruled out that the TR and SSCs will hold the official liable by imposing a penalty for each individual breach of each individual obligation.
In general, the provisions of the new Procedure indicate stricter control over the maintenance of military records in Ukraine. It is obvious that the updated Procedure is intended, inter alia, to increase the awareness of the TR and SSCs about the location/work of CPR, as well as to unify their military registration and records.
Given the current military-political situation in Ukraine and the urgency of the mobilization issue, we believe that two trends can be expected in the context of military registration and records this year: