At the present time, given the events that have been occurring and continue to occur in our country, for the normal functioning of the country’s defense forces in combatting manifestations of external aggression, it is extremely relevant that companies conduct the registration of military liable persons and draftees in a particular way. Unfortunately, a significant number of businesses ignore their responsibility to conduct military registration either deliberately or due to a false understanding of the basics for performing this task due to the existence of a number of myths, thus exposing themselves to the risk of imposing penalties. In this regard, it is important to understand how to organize military registration at a company in order to avoid penalties for violating legislation on military registration. Therefore, we dedicate this article to debunking the most common myths with respect to conducting military registration at a company.
Myth 1. If a company employs only one or two persons liable for military service, it is not necessary for the company to carry out military registration.
In fact, this is not true. It is compulsory for a company to conduct military registration if the company employs at least one reservist or recruit. In addition, when hiring a new employee, the employer is obligated to check his military records: persons liable for military service should present their military ID or temporary ID and conscripts should present a certificate proving they have registered with the enrollment office. If the company hires an employee, who is not registered for military service with the military commissariat, the company shall be subject to a financial penalty.
Myth 2. Only the head of a company is held responsible for conducting military registration at the company.
Yes, indeed, the top manager of any business is the key person responsible for carrying out military registration at this company. However, in accordance with the law, he may delegate this authority to a specifically designated person from amongst company employees (with an additional 50% increase in salary) in the case that the company employs fewer than 500 conscripts and persons liable for military service and if this individual can handle the duties associated with conducting military registration as well as the responsibilities associated with his main work position. If there are more than 500 employees who are liable for military service, the manager may designate a separate person as responsible for conducting military registration and this person will carry out duties exclusively related to overseeing such military registration.
Myth 3. The company must not initiate communication with the military commissariats.
Such a proposition is not true. The person responsible for conducting military registration at the company must continuously monitor and periodically inform the military commissariat of any changes in the registration details of all conscripts and recruits at the company, as follows:
- within 7 days of the hiring or dismissal of persons liable for military service and recruits, notification should be sent;
- within 5 days, changes should be made in the registration details of persons liable for military service and recruits (i.e. change in marital status, place of residence, education, job position, etc.) in the employee’s personal identification. Any changes must be supported by the appropriate documentation;
- before the 5th of each month, in the case that there are changes in the registration data for persons liable for military service and conscripts, the company should register and submit a Report on Changes in the registration details for such employees to the military commissariat.
Myth 4. Military commissariats rarely conduct audits regarding the performance of military registration.
Indeed, the military commissariat does not carry out field audits on businesses in order to assess whether they conduct military registration. However, with respect to the form of reporting by a company to them with respect to conducting military registration, this should take place as follows:
- At least once a year, the employer must reconcile the personal classification card for every employee liable for military service with their registration information and submit this information to the military commissariat where he is registered for military service. The results of such reviews should be entered into the reporting journal, along with the results of the verification of the military registration of recruits and persons liable for military service;
- no later than December 1 of the current year, the employer must prepare and submit a report to the military commissariat with a list of employees liable for military service via an enlistment office;
- once an employee receives a message about being summoned to the military commissariat, the person responsible for conducting military registration at the company must notify reservists and recruits that they are being call to the military commissariat, in accordance with the requirements of the military commissariat to facilitate their timely arrival for conscription.
Myth 5. The financial penalties for violating legislation on conducting military registration at the company are insignificant.
Yes indeed, in accordance with the Code of Administrative Offenses, the fines for violating legislation on conducting military registration range from 1-3 times the non-taxable minimum incomes of citizens in the case of a first offense to 3-7 times this income amount in the case of a second offense in the following cases: 1) the failure to present military commissioners a report with a list of employees who are liable for military service and reporting to the enlistment office; 2) the hiring of reservists and conscripts who have not registered for military service with the military commissariat; 3) failure to alert conscripts and recruits about them being summoned to the military commissariat, and hindering their timely arrival at the recruiting station; 4) the late submission of documents necessary to conduct military registration of conscripts and recruits, and failure to notify them about being summoned to the military commissariat.
However, in the case that the company violates legislation on defense, mobilization preparations and mobilization, punitive sanctions can be applied against the responsible person in the amount of UAH 510 to 1,700. However, a second violation within a period of one year carries a fine ranging from UAH 1700 to 5100.
Although the Criminal Code of Ukraine does not include a direct regulation stipulating criminal liability of the employer for violating legislation on carrying out military registration, it is still possible that an employer may be held liable as an accomplice for an employee’s deliberate evasion of mobilization. There is minimal jurisprudence on this issue and it is ambiguous. However, due to the still problematic situation in the country, the Criminal Code may be amended to increase criminal liability for an employer for disrupting mobilization.
Thus, properly organized military registration, in accordance with current legislation, will make it possible to analyze both the quantitative and qualitative composition of military service personnel and conscripts, and to improve employers’ interaction with the military commissariats with respect to their report. Hence, this will help to ensure orderly conduct of an employee being called up for military service and their fulfillment of legal requirements concerning military conscription.
Author: Tatiana Romanok