New order of military accounting. That changes for those who left abroad, for women and employers

1487 was published on January 3, 2023. "The purpose of such an innovation is clearly regulated by the order itself. If you formulate more concisely, it is to digitalize the process of conducting military accounting, its normalization and updating and collecting full information about existing military reserves," - explains the focus of Violett Monastyrskaya, lawyer.

According to Rostislav Kravets, a lawyer, a senior partner of AK Kravets and Partners, first of all, changes are due to the desire to create an electronic register In what time they need to be on military registration. At the same time, the focus interlocutor considers the digitalization of military accounting for a dangerous initiative that should be delayed.

According to Yevgeny Artyukhov, Senior Partner of the ASA Group, a radical updating of the military accounting system began in the beginning of Russian aggression against Ukraine in 2014, when the first waves of partial mobilization exposed key problems in this area. The first result of this work was the order of organization and maintenance of conscripts and conscripts, approved by the Cabinet of Ministers of Ukraine Decree No.

921 of December 7, 2016, which was replaced by post -Soviet rules, approved in 1994. The focus interlocutor specifies that this order has been operating unchanged for two years, and only 2019-2022 was transformed. Accordingly, the government's desire to put a way in a new version instead of the introduction of regular changes looks logical.

"We now have a fresh, detailed and understandable document that is the result of the evolution of the military accounting system for eight years of war," Yevgen Artyukhov concludes. "Action" is spoken to military account for more than a year - immediately after the presentation of the place of residence registration service, since it was the first problem that the issue of military accounting was the first problem.

And most likely, it took a long time to integrate all participants and All the necessary data into a single system, ”says Yevgeny Artyukhov. Hearing about the digitalization of military accounting, in the information space with renewed force began to circulate a previously common myth that, due to the action, the conscripts would be sent to the consolides. However, experts surveyed by focus assured that there is no such actions so far.

And in the Ministerus, in response to numerous media requests, rumors about the summons through the Action Service also refute. At the same time, in the current version of the order, Yevgeny Artyukhov sees the following functions that will soon be available through "action": according to Artyukhov, the last function is very urgent, since the problem of getting to the CCC and JVs began during the KOVid pandemic.

And after the start of a full-scale invasion to resolve any issue, the military often has to defend in queues during the working day, and repeatedly. For military registration due to changes in residence, you do not need to defend the queues and "take" from the account of the old place of residence. It is enough to keep up with military registration at the Tax Code and the JV at a new place of residence for seven days. In "Action" it will be possible to register in a few clicks ",- says Artyukhov.

Violetta Monastyrska adds: a new service" Electronic military ticket "will be convenient to use, for example, when hiring or training, where it is enough to provide an electronic version of the relevant military accounting document.

Yevgeny Artyukhov notes that key changes in the order concern the military who have left abroad - they will be on military registration in diplomatic institutions The border has existed for more than three months before, but now the insurance for consular accounting will be regarded as a violation of military accounting rules, for which the conscript may be held accountable. At the same time, embassies and consulate There are no consulates and embassies.

At least, the new order is not provided, but it is not possible to unambiguously exclude such an opportunity too, - explains Yevgeny Artyukhov. - And most interestingly, if certain conscripts avoid registrations, interested in the CCC and JV, with new powers, diplomatic institutions will be able to "promote" the abolition of legal grounds for staying in a foreign country, ie - cancellation of visa or temporary protection status, etc.

And then the conscript will be forced to return to Ukraine to meet with a military commissioner. Moreover, digitalization in many EU countries remains at the Ukrainian level, but according to the model of the early 2000s. registered here.

In addition, the document flow in the offices associated with refugees is conducted through postal departure - mail, and not electronic, and often the papers are lost, control there for registered "conditional", and if the person has not received status at all - accommodation certificates , it is unclear how the Consulate of Ukraine is going to find out about its place of residence, " - said Focus Kiyanka Irina Osadcha, who temporarily resides in Germany.

In her opinion, in German states such a disorder that" knock "about military men's men No one will be there. Young boys and their parents should know that in the new order the age of writing guys to the conscripts has been reduced - it is necessary to register now a year earlier: from 16 years old, not from 17 years old. From the age of 16 it will be possible with the help of the "Action" portal.

After all, according to the new order, military accounting will be translated into electronic form, having created and launched for this six months "a single state register of conscripts, conscripts and reservists", - explains Violetta Monastyrskaya. The new order also regulates the issues of military accounting of women, the discussion of which has recently gained wide resonance.

According to Yevgeny Artyukhov, women who received education in a medical or pharmaceutical specialty and were not in military registration in the relevant district (city) shopping center and JV and did not receive a military accounting document, should be on military registration by the end of 2026. "The mechanism of mobilization of women in a new order is not provided.

By 2026, all women, even Ukrainians who have a medical specialty - the only one for which they can be mobilized, can do without compulsory registration. Representatives of other professions are registered only voluntarily ", - adds Violetta Monastery. That is, women still go to the Armed Forces at their own request.

Violetta Monastyrskaya clarifies that, according to the provisions of the new order, military accounting will keep: "In addition, military registration of conscripts and reservists will be divided into general and special According to state bodies, local self -government bodies, enterprises, institutions, organizations for the period of mobilization and for wartime, while the booked will be on special military accounting.

" The monastery clarifies that if there are less than 500 employees in military accounting, the responsibilities for military accounting are entrusted to the staff staff, who is set up to 50% of the salary, and for civil servants, within the savings of the payroll. But when it comes to more employed conscripts, conscripts and reservists, the order determines the required number of persons responsible for military accounting.

For example, there are three additional staffing units for accounting from 4001 to 7000 conscripts. For employers, one of the key innovations of the new order is also an appointment or training only after taking a military account. That is, as Yevgeny Artyukhov emphasizes, it is now prohibited from employers to hire men, and from January 1, 2027, and the conscripted women who do not have a military accounting document, drawn up in accordance with the requirements of the legislation.

"In my opinion, this is a rather controversial rule of law, since the Cabinet resolutions cannot narrow and restrict the scope of rights and freedoms of citizens, defined by laws - in particular the labor rights This rule will be appealed in court, but it depends on whether the plaintiff is found, since it is highly likely to be mobilized outside-just in case. " Employers are advised to pay attention to other important points.

First, in accordance with the changed procedure for calling for employees to the Tax Code and JV, the employer is obliged to issue an order (order) of notification The aforementioned order within three days in the corresponding shopping center and JV. "Familiarization of the employee with this order is allowed using electronic communications with the imposition of an improved electronic signature or qualified electronic signature.

And during the martial law, the message can even be sent to the messenger," Yevgeny Artyukhov explains. - And then the employee, even if he works Remotely abroad, it is considered to be informed of the need to appear to the CCC and SP properly, and in the case of failure to appear automatically becomes an offender and can be held accountable. " The second important point is to change the regulation of military accounting checks.

Yevgeny Artyukhov states that the check is carried out from the order, the form of which is approved by the order not more than once a year, according to the approved plan. The company is notified to the enterprise no later than ten days before its beginning. The disadvantages and violations of the order of military accounting during the inspection will have to be eliminated within 30 days.

"Earlier, the Tax Code and JV conducted inspections only those enterprises that conducted military accounting and on their own initiative interacted with the CCC and JV. However, such checks for business can be an unpleasant surprise," Artyukhov warns. The responsibility for violations in the field of military accounting has not changed, but it should also be recalled.

In particular, the military for violation of the rules of military accounting threatens: for employers violations of the order of military accounting can lead to the application of sanctions: it is about the administrative liability provided for in Art. 210-1 of the Code of Administrative Offenses for violation of the legislation on defense, mobilization training and mobilization in the form of a fine from 3400 to 5100 UAH.