Liability for violation of military registration at the enterprise

Military accounting is an integral part of national security, so its observance is important both for the state and for every citizen. Violation of these rules can have legal consequences both for the management of the enterprise and for its employees.

Regulatory and legal framework

The main NPAs that regulate the issue of military accounting in Ukraine are the Law "On Military Duty and Military Service", the Law "On Mobilization Training and Mobilization" and Resolution of the CMU № 1487. According to these normative legal acts, all enterprises, institutions and organizations are obliged to keep military records of employees. Particularly important are the provisions of the Code of Administrative Offenses and the Code of Criminal Procedure, which determine the degree of responsibility for violation of military records.

Types of sanctions for violation of military records at the enterprise

• Administrative: according to Article 210-1 of the Code of Administrative Offenses, violation of the procedure for keeping military records at the enterprise entails the imposition of a fine. The amount of the fine depends on the nature of the violation and its consequences, but generally ranges from 2,000 to 3,500 NMDH.
  Criminal: in cases where the accounting violation caused serious consequences, criminal liability may follow. According to Article 336 of the Criminal Code, evasion of mobilization is punishable by imprisonment for a term of 3 to 5 years. Although it primarily concerns draft evaders, businesses may be held liable if their actions contributed to draft evasion.

The procedure for keeping military records at the enterprise

Enterprises, institutions and organizations are obliged to perform a number of measures to ensure proper maintenance of military records. The main duties include:

1. Registration of employees: enterprises are obliged to keep records of all employees who are subject to military registration. This includes timely informing the TCC and JV about the hiring and dismissal of employees.
2. Keeping accounting documentation: enterprises must keep appropriate documentation regarding the military records of employees, in particular, personal cards of conscripts and conscripts.
3. Informing employees: companies must inform employees about their obligations regarding military registration, in particular about the need for timely medical examinations and attendance at conscription points.
4. Cooperation with military committees: enterprises are obliged to cooperate with TCC and joint ventures, provide them with the necessary information and contribute to the implementation of mobilization tasks.

Consequences of violating the rules of military accounting at the enterprise

Violations of military accounting at the enterprise can have serious consequences, both for the enterprise itself and for its management and employees. In particular:

• Penalties: As already mentioned, administrative fines may be imposed on company officials for violation of military records.
• Criminal liability: In cases of serious violations that led to evasion of mobilization, criminal liability is possible.
• Reputational risks: Violations of military accounting can negatively affect the company's reputation, which, in turn, can lead to the loss of partners, customers and investors.

Our lawyers also hold webinars for companies on mobilization issues. To get a lawyer's advice on keeping military records at the enterprise - fill out the form on the website and our lawyer will contact you in the near future.