Lawyer
Lawyer in the field of military law. Specializes in issues of mobilization, postponement and reservation. Provides services for appeals to the military medical commission, escorting to the military commissariat, dismissal from military service, obtaining the status of a participant in hostilities. Conducts court cases on military issues.
Fine for failure to maintain military records at the enterprise
Table of Contents:
- Who and for what can be held liable for failure to maintain military records?
- The amount of the fine for failure to maintain military records
- The procedure for imposing a fine on an enterprise
- How to appeal a fine in the field of military accounting for business?
- Judicial practice of appealing fines
- Legal assistance
Failure to notify a conscript of a summons, failure to familiarize themselves with the rules, lack of copies of military registration documents - all this in today's realities can become grounds for imposing a fine for improper maintenance of military records at the enterprise. And this is only part of the typical violations that employers face.
Law Firm "Prikhodko and Partners" helps companies keep military records in proper condition, minimize the risks of fines and provide legal support in the event of inspections or disputes with state bodies.
Who and for what can be held liable for failure to maintain military records?
Responsibility for this offense lies primarily with officials of enterprises and institutions responsible for this area of work. Violations may relate to both inaction and unlawful actions regarding mobilization accounting.
Typical grounds include:
- Employment without a military registration document - the employee was registered without checking or providing a military registration document;
- Failure to familiarize yourself with the call-up to the CCC - the employer did not inform the employee of the relevant order;
- Failure to submit / untimely submission of information to the military registration and enlistment office - violation of the deadlines for informing about acceptance, dismissal or other actions;
- Failure to notify of changes in account data - ignoring the obligation to update information about the employee;
- Other violations, including any shortcomings in the documentation or organization of military accounting.
The list of such offenses is not exhaustive, so even formal errors become grounds for imposing a fine.
Important! Typically, such actions are detected during scheduled/unscheduled inspections. That is why it is advisable to seek the help of a military law (military accounting) lawyer in advance, who will conduct an audit, check the documentation, and help identify and eliminate violations before the arrival of regulatory authorities, which will allow you to further minimize risks.
The amount of the fine for failure to maintain military records
| Violation (Article 210-1 of the Code of Administrative Offenses) | Subject | Fine amount (NMD) | Fine amount (UAH) |
| 1. First violation of the legislation on defense, mobilization training and mobilization | Citizens | 300-500 | 5 100-8 500 UAH |
| Officials | 1 000-1 500 | 17 000– 25 500 UAH | |
| 2. Repeated offense within a year | Citizens | 500-700 | 8 500– 11 900 UAH |
| Officials | 1 500-2 000 | 25 500–34 000 UAH | |
| 3. Violations during a special period | Citizens | 1 000–1 500 | 17 000–25 500 UAH |
| Officials | 2 000–3 500 | 34 000 –59 500 UAH |
During war, the penalties specified in the third subparagraph are applied, since these are qualified as actions committed during a special period.
The procedure for imposing a fine on an enterprise
The consideration of these cases falls within the powers of the heads of the CCC and the SP. In the event of detection of illegal actions, the authorized person draws up a protocol in two copies within 24 hours, one of which is handed over to the responsible person of the company.
The case is then considered by the head of the military registration and enlistment office within a period of up to 15 days with the mandatory participation of the person being held liable. Based on the results of the consideration, a resolution is issued to impose a fine.
At the same time, the enterprise has the right to appeal such a resolution in court within 10 days from the moment of its issuance.
How to appeal a fine in the field of military accounting for business?
Appealing a fine imposed by the CCC and the SP is carried out in an administrative court by filing a claim with the district / city court at the place of registration of the company or at the location of the CCC.
The deadline for filing an appeal is 10 days from the date of the resolution. If this deadline is missed for good reason, it can be renewed by filing an appropriate appeal together with the claim.
When preparing a claim, it is important to comply with the requirements for its content and form stipulated by procedural legislation.
In practice, effective grounds for appeal are violation of the review procedure, and the courts also check whether the person is really an official and whether he is assigned duties to maintain military records.
Judicial practice of appealing fines
Analysis of judicial practice shows that when considering cases regarding failure to maintain military records by enterprises, courts first of all check whether the CCC has proven the fact of the violation and whether the resolution is correctly drawn up. The key is the presence of a clear description of the offense with reference to specific legislative norms - in their absence, fines are often canceled (for example, decision No. 456/3088/23).
At the same time, if everything is specified in the resolution, courts, as a rule, leave such fines in force - decision No. 309/1632/23.
Separate attention is also paid to compliance with the procedure for bringing to justice. In particular, the grounds for canceling a fine are:
- failure to notify a person of the date and place of consideration of the case;
- violation of the deadlines for drawing up a protocol (it must be drawn up within 24 hours from the moment the violation is detected).
So, with strong legal protection, you have every chance to appeal the CCC fine imposed on the company, but in each case it is necessary to analyze in detail the specific circumstances of the case.
Legal assistance
Prikhodko and Partners Law Firm provides comprehensive legal support on military accounting issues at enterprises, including support in disputes with regulatory authorities. We help businesses to properly maintain military accounting and minimize the risks of being held liable.
In the event of a fine, our team provides full support: from analyzing the situation and preparing documents to appealing the decision in court. We also help prevent further sanctions by auditing and bringing personnel and military accounting documentation into compliance with the requirements.
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What is the penalty for hiring without a military ID?
A company may be fined between UAH 34,000 and UAH 59,500 if it fails to notify the TCC that it will employ a person without a VOD.
Who imposes fines for failure to maintain military records?
The decision to impose an administrative fine is made by the management of the TCC and SP. This means that if the military registration and enlistment office uncovers any violations during monitoring or inspection, it may hold the enterprise official accountable.
What is the time limit for prosecution for failure to maintain military records?
The TCC has three months from the date of detection of the violation, but no later than one year from the date of its commission.
Is there a separate fine for businesses for each violation or not?
If the violations are considered within the framework of one administrative case, then there will be one fine in total; if not, then for each case separately.
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