Maintaining military records at the enterprise

Maintaining military records at the enterprise is a legal obligation of every employer, established by the legislation of Ukraine. Our company “Prikhodko&Partners” provides comprehensive legal support on all issues related to the fulfillment of this obligation: from setting up an accounting system from scratch to representing the interests of the enterprise during inspections by the TCC. In this article, we will tell you in detail how to properly organize records, what responsibility is provided for violations, and how to avoid penalties.

How is military records kept at the enterprise?

According to the legislation of Ukraine, every enterprise, institution or organization is obliged to keep records of military conscripts and conscripts among its employees.

Our practice shows that the most violations are recorded precisely because of a lack of understanding of which categories of persons are subject to registration and which documents must be kept.

According to the law, all men aged 18 to 60 who are in employment relations with the enterprise are subject to registration. In addition, the obligation extends to women who have military registration specialties (doctors, signalmen, pharmacists, etc.).

Keeping records at an enterprise involves the following key actions:

1. Determination of the responsible person and appointment by order of an employee responsible for military registration.
2. Verification of military registration documents upon hiring.
3. Maintaining a card index (log) of registration of military conscripts and conscripts in the established form.
4. Verification of information with the district territorial center of recruitment and social support (TCC and JV) – at least twice a year.
5. Timely notification of the TCC and JV about hiring, dismissal, change of personal data, prolonged absence or evasion of appearance of a conscript or military conscript.
6. Storage of military registration documents in accordance with the established deadlines.

It is important to understand: the responsible person must undergo appropriate training. A proven method of avoiding mistakes is to approve a separate regulation at the enterprise on the organization of military accounting and issue a corresponding order with a clear list of duties.

Organization of military accounting at the enterprise from scratch

If the enterprise has never maintained proper military accounting or the documentation is in a neglected state, it is important to start working systematically. Our military law specialists have a step-by-step understanding that allows you to set up accounting from scratch in a short time and minimize risks during the first inspection.

Stages of setting up accounting from scratch

1. The first step is to audit the existing documentation. It is necessary to determine which documents are available and which are missing, and to compile a list of all employees subject to registration. At the same stage, a responsible person is appointed.
2. The second step is to register with the TCC and JV at the location of the enterprise. For this, constituent documents, information about the responsible person and an order on their appointment are submitted.
3. The third step is to form registration cards for each military-duty employee in the established form, check their documents and fill out the accounting journal.
4. The fourth step is to conduct a reconciliation with the TCC and JV and eliminate discrepancies in personal data.

Difficulties may arise at each of these stages: refusal of the TCC and JV to register due to an incomplete package of documents, contradictions between the data in the employee’s documents, uncertainty about the accounting category of a particular person. It is recommended to involve a lawyer at the first stage to avoid unnecessary time spent and the risk of penalties.

What is the penalty for a company for not having military registration?

Liability for violations of military service legislation has increased significantly since the start of the full-scale invasion. According to amendments to the Code of Administrative Offenses of Ukraine and the Law “On mobilization training and mobilization”, fines for violations in the field of military registration can reach significant amounts.

Our experience shows that in most cases, companies receive fines due to banal ignorance of current requirements, rather than deliberate evasion.

According to our practice, most enterprises are not ready for such inspections: documents are kept with violations, the responsible person does not know his rights, and inspectors often exceed their powers or draw up acts for formal reasons.

Liability and fines

The fine is imposed by the head of the TCC on the guilty person responsible for military records. According to Article 210-1 of the Code of Administrative Offenses, the fine for improper maintenance of military records is from UAH 34,000 to UAH 59,500.

Support during TCC inspections

According to our practice, most enterprises are not ready for such inspections: documents are kept with violations, the responsible person does not know his rights, and inspectors often exceed their powers or draw up acts for formal reasons.

We have 2 packages of our legal support services, which include:

Service packages for maintaining military records at the enterprise

Appealing the TCC inspection report

In fact, the inspection report is not appealed. However, if a fine is imposed as a result of the inspection, the decision to impose a fine can be appealed in court.

Yes, the decision to impose an administrative penalty can be appealed in court within 10 days from the date of its receipt. The grounds for canceling the fine may be procedural violations during the inspection, incorrect qualification of the enterprise’s actions, or lack of guilt.

Our company provides comprehensive business support in matters of military accounting, mobilization, obtaining the status of a critical enterprise, booking employees, etc. If you are looking for a specialized company that can take on the task of maintaining military accounting, you have come to the right place. Fill out the form on the website and a lawyer will contact you to agree on the details.