For more than a year, the issue of keeping records of conscripts, conscripts and reservists at the enterprise has not lost its relevance. However, the issue of prosecution for violation of the specified order remains equally important, as evidenced by the considerable number of court decisions for 2023.
What are the most common violations committed by companies and what responsibility will be expected of their managers and employees responsible for keeping records, we will tell in this article.
Military accounting: briefly about the main duties of enterprises.
A detailed list of responsibilities is set out in the Procedure for organizing and maintaining military records of conscripts, conscripts and reservists, approved by CMU Resolution No. 1487 dated 12/30/2022. Let's briefly mention the main ones:
1) interaction with employees
- verification of military registration documents during recruitment;
- familiarization under signature with the rules of military accounting;
- notification of a call to the TCC and control over the timely arrival of employees;
- acceptance of military accounting documents under receipt for reconciliations with TCC.
2) interaction with the TCC, SBU, Foreign Intelligence Service
- providing orders for hiring, information about new employees or changing their credentials;
- making a reservation;
- submission of lists of employees to be assigned to conscription stations;
- periodic reconciliation of lists.
As judicial practice for 2023 - early 2024 shows, companies most often neglect the duty to properly notify conscripted employees about being called to the TCC and monitor their timely arrival.
Penalties for business: how much it will cost to violate the rules of military accounting.
Violation of the order of organization and maintenance of military records at the enterprise is subject to administrative liability under Article 210-1 of the Code of Administrative Offenses.
Let's analyze immediately on an example.
As we have already noted, one of the obligations of the enterprise is to inform the TCC about changes in the registration data of conscripted employees. The company must notify such changes by the 5th of each month. However, the employee responsible for keeping military records did not have time to submit the information in time, so he sent it several days late.
Is this a violation of the rules of military accounting - yes.
Please note that during the period of martial law fines are imposed in a larger amount. If previously responsible persons had to pay from 3,400 to 5,100 hryvnias, now a minor violation of the terms will cost from 5,100 to 8,500 hryvnias.
We remind you that administrative responsibility is borne not only by responsible employees, but also by heads of enterprises, which are entrusted with the responsibility of organizing military accounting.
For example, if the manager did not issue an order (order) to notify the employees about the need for the latter to arrive at the TCC, there is every reason to hold the manager accountable under Part 2 of Article 210-1 of the Criminal Procedure Code and impose a fine from UAH 5,100 to UAH 8,500.
We draw your attention to the fact that in the near future in Ukraine it is planned to strengthen responsibility for military offenses, in particular, to increase fines under Article 210-1 of the Code of Criminal Procedure.
Thus, according to the new draft law No. 10379 dated December 25, 2023, the updated fines for officials will be from UAH 34,000 to UAH 85,000, during a special period - from UAH 153,000 to UAH 204,000.
According to the alternative draft law No. 10379-1 dated January 1, 2024, the amount of the fine for violating the rules of military accounting in a special period will remain unchanged (from UAH 5,100 to UAH 8,500). However, it is proposed to increase the liability for repeated violations during the year - from UAH 8,500 to UAH 11,900.
And what about the terms of prosecution?
A fine for violating the rules of military registration can be imposed no later than 2 months after the offense was committed. If the violation continues (for example, the company hired employees without checking their military registration documents), no later than 2 months from the day it was discovered.
As you can see, military accounting at the enterprise is a rather complicated procedure that requires a more detailed study and the help of qualified specialists to avoid possible negative consequences for both employees and the company itself.
Therefore, if you have any questions about the organization and maintenance of military records at the enterprise, contact our law firm for a thorough consultation.
