Booking in violation of military registration

The issue of preserving the personnel potential of enterprises through the mechanism of critical importance is an important and necessary task. Many employers and employees are faced with a situation where reservation is necessary, but there is a violation of military registration, which creates significant legal obstacles. For the procedure to be successful, it is important to eliminate inconsistencies in documents in a timely manner, which our law firm "Prikhodko&Partners" provides professional assistance.

Key points

• Registration is mandatory: Reservations are not possible without being on military registration and having a current military registration document (MRD).
• “Wanted” status: The presence of a person in the “Oberig” database with a wanted status is a direct reason for refusal to book (except for enterprises of the defense-industrial complex or enterprises that have the status of being critically important for the needs of the Armed Forces of Ukraine).

The procedure for booking conscripts under the legal regime of martial law

According to the norms of current legislation, the procedure for booking personnel is regulated by a clear algorithm. The main document is Resolution 76 on the booking of military personnel, which defines the criteria for determining enterprises as critical for the functioning of the economy. However, in practice, a conflict arises: the enterprise has the right to booking, but a specific employee has violations of the rules of military registration.

Employer's actions: in case of detection of violations of accounting rules by an employee, the employer is obliged to notify the employee of the need to appear at the TCC to correct the data. Booking of such a person becomes possible only after the violation is eliminated and the appropriate changes are made to the register.

Reservation of military personnel involves several stages:

1. Obtaining the status of critical for the enterprise.
2. Formation of lists of employees.
3. Verification of data and submission for booking.

How to get a reservation if you are wanted?

This question is one of the most popular among clients. It should be clearly distinguished: legally, it is impossible to get a reservation if you are wanted until the moment of removal of this status, with the exception of enterprises of the defense-industrial complex or enterprises that have the status of critically important for the needs of the Armed Forces of Ukraine. The status of “wanted” in the “Oberig” database means that a person has violated the rules of military registration (for example, did not appear for a summons or did not pass the MMC).

Situations where a key specialist finds himself in a “wanted” status or has outdated credentials occur in most companies. Our practice shows that independent attempts to resolve these issues often lead to delays in processes or rejections or even bigger mistakes.

If you are a company manager and are faced with the inability to book a critical employee, or if you are personally the same employee who received the “wanted” status in the “Reserve+” application, our company’s specialists are ready to offer a comprehensive algorithm of actions. We work exclusively within the legal framework, ensuring compliance with all official requirements.

What exactly do we help with?

1. Analysis of the reasons for the “wanted” status: we send legal requests and interact with the TCC and the JV to clarify the specific reason.
2. Military registration: we help prepare the necessary package of documents to update the data and arrange a lawyer’s visit for military registration.
3. Appealing against unlawful actions: if the wanted status appeared without legal grounds, we will ensure the protection of your interests in the relevant instances.
4. Communication with the TCC: our lawyers accompany the client during visits to territorial recruitment centers, which minimizes the risks of violating procedures.

As a rule, the status of "wanted" is not a sentence, but indicates the presence of problems that can be solved. Timely involvement of qualified lawyers allows you to quickly eliminate these shortcomings, which is critically important for the smooth operation of the enterprise under martial law.

It is important to understand: the presence of professional legal protection allows you to put the process of communication with government bodies in a constructive direction.

Our experts recommend: do not ignore the issue of wanted status, as it not only blocks the right to reservation, but also creates risks of forced mobilization without the possibility of applying a deferral. We will provide a full cycle of preparation from the initial consultation to the moment when the employee is officially included in the reservation order.