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Checking by the military registration and enlistment office at the enterprise of persons liable for military service. Military registration: what the military registration and enlistment offices check

Responsibilities for keeping records of citizens who are in the reserve or are subject to conscription, in the event of their employment, lie with the employer. In the person of an authorized officer on military affairs, registration of citizens, data collection, analysis and exchange with the municipal department of the military commissariat is carried out. At its core, military registration is a set of measures for organizing military training of mobilization resources in the event of hostilities.

The activities of the person responsible for accounting are strictly regulated at various levels, from federal to regional, and is confirmed by filling out various military registration documents. In order to ensure the effectiveness of the work of the military registration desk, as well as for the timely detection of violations in the keeping of records, the state of mobilization training is subject to periodic monitoring by the Ministry of Defense.

List of basic documents for military registration

In addition to legislative documents of the Federal level, local acts must be present at the local level that regulate all activities of the accounting department. This is, first of all, the order of the head on the creation of a VUS or on the recruitment of an employee for military accounting. The planning of the department's work is carried out in several directions. This is interaction with military registration and enlistment offices, work with personnel, updating information and reconciling data.

To update the information that military registration implies, the reconciliation schedule plan is consistent with the work plan of the military registration and enlistment office and is approved by both parties. Scheduling work in other areas is combined into a general group of documents - an annual plan.

For each newly arrived employee, a personal card is entered, the form of which is established by a government decree. It contains information, according to the documents provided, about the citizen, his marital status, education and military service. After verification, the accuracy of the data is endorsed by the person who provided them.

A set of personal cards with the information contained forms a common card index. Should be kept separately. They must be registered 10 days after successfully passing the tests, which are tripled by the employer.

The next important document for any inspector is the form book. It is, in essence, a logbook that ensures the safety of the forms and the confidentiality of their content. Registration is subject to the transfer of booking notifications, certificates of deferral of reserved citizens, the return of unused forms, the transfer of military tickets for registration of records.

How to issue a check log

Obliged to keep a log of checks on the implementation of military registration. Its sample is presented in a position developed by the General Staff and has a strictly defined way of design.

The title page should contain the title "military registration check log". This document must be filed, which means that the date of the beginning of the logging is stamped on the page. In the upper part, the department of the military registration and enlistment office in which the organization is registered is indicated. Below is the full name of the organization itself (all details are indicated for it). The surnames and names of the manager, as well as the responsible employee, are recorded.

The worksheet contains 5 fields. It is the responsibility of the VU officer to ensure that there are sufficient records in case the audit is unscheduled. The fields contain information to be completed by the supervisor.

  • The date of the current check is set in the first column in any format indicating the day, month and year.
  • Information about the examiner. This includes not only initials and surname, but also the position that he occupies in his unit.
  • All results, including violations, as well as decisions of the inspector are entered in a separate field.
  • Based on the violations identified, the manager must take certain measures. His decisions and progress report are entered in the fourth field. In some versions of the document, this field is divided into two parts.

The first three fields carry information about the control. They are filled in exclusively by the inspector. The remaining two fields can be filled in directly by the manager or responsible person.

The inspection results are presented by the inspector in expanded form. The record must contain information on the time frame for the audit, it is indicated through which department the control is carried out. The departure of an inspector is not a spontaneous and arbitrary decision. It is made on the basis of an order or decree. The magazine contains its number and date.

A separate act is drawn up, which is a numbered document. The number of the inspection report is also put in the journal. Violations are recorded with an indication of the article of the provision. The violators are also determined here. Additional personnel may be assigned to assist the inspector. Their names and positions are recorded in the second column.

According to the results of the inspection, one of the marks can be given. If the legal framework is complied with by 70%, reliable information remains in the same ratio, however, absolutely all employees liable for military service are included in the accounting, then the grade "Satisfactory" can be given, which is accompanied by appropriate comments.

First of all, the examiner can request an annual work plan of the department and check the completion of personal cards. Comparing the information with the one available in the military registration and enlistment office, the correspondence of the data is established. In case of discrepancies of up to 10% or in the absence of 10% of information, the rating is "Good". The absence of comments is also indicated in the check log.

Control over the keeping of records is carried out once a year for organizations with more than 500 employees. Smaller organizations are checked less often, without an updated schedule. Not only the upcoming penalties, but also the possible consequences in the event of a real danger should motivate all involved workers to competently maintain military records.

The company employs employees liable for military service. Does the district military registration and enlistment office (hereinafter - RVK) have the right to check how the military registration is maintained at the enterprise? Can they come with a check or request to provide them with any documents?

RVC has the right to come to enterprises with an inspection. but in 2017 there is a moratorium on inspections established by the Law of 03.11.16, No. 1728-VIII. The military enlistment offices were not included in the list of exceptions when the law does not apply to some state bodies. You can read more about the moratorium in the article "". Therefore, now representatives of RVC are not entitled to check the enterprise.

How, in principle, do RVC employees conduct an audit?

There are two regulations that govern the auditors:

  • Regulations on military commissariats, approved by the Cabinet of Ministers of Ukraine dated 03.06.13, No. 389 (it is indicated that the military commissar has the right to monitor compliance with the requirements of the legislation on defense issues);
  • The procedure for organizing and maintaining military records of conscripts and conscripts, approved by the Cabinet of Ministers of Ukraine dated 07.12.16 No. 921 (hereinafter - Order No. 921). In particular, it was established that the district (city) military registration and enlistment offices can inspect enterprises based on plans approved by the relevant regional state administration or city council(p. 78 of Order No. 921).

The authorized persons of the military registration and enlistment office have the right to check the correctness of the military registration by enterprises. The officers of the military registration and enlistment office must confirm their credentials an order to perform a task according to the form of Appendix 29 to Order No. 921. The order is signed by the military commissar and approved by the seal of the military registration and enlistment office. The head of the enterprise has the right to check the presence of instructions and certificates from the inspectors and only then admit them to the inspection (clauses 82, 83 of Order No. 921).

The check is carried out by a commission. The chairman of the commission, prior to the start of the inspection, notifies the heads of enterprises about the work plan, and after the inspection, notifies them of the violations found (clause 84 of Procedure No. 921). The result of the check is drawn up in the form act.

The enterprise is obliged to eliminate the violations revealed by the inspection. The company must notify RVC about the measures taken to eliminate violations within the time period specified in the inspection report (clause 85 of Procedure No. 921).

An exhaustive list of questions and documents, which are subject to verification on the organization and maintenance of military records at the enterprise, is given in clause 5 of Appendix 27 to Order No. 921. job descriptions, staffing, orders for the admission and dismissal of conscripts and conscripts, etc.

Can RVC request any documents from the company?

Law No. 1728 established a moratorium on inspections, but RVC documents during this period have the right to request.

In turn, enterprises are required to submit to RVC information necessary for carrying out mobilization activities(paragraph fourteen, part 1 of article 21 of the Law of 21.10.93, No. 3543-XII "On mobilization preparation and mobilization", hereinafter - Law No. 3543). In particular (part 3 of article 3 of Law No. 3543), data:

  • on the preparation and maintenance of equipment and facilities in proper condition, which, in the event of mobilization, are intended to be handed over to the Armed Forces of Ukraine to other paramilitary formations;
  • maintaining military records of conscripts and conscripts.

The Law does not say anything about the deadline for submitting such information, that is, the deadline must be indicated in the request itself.

In addition, there is now a special period. Therefore, enterprises are obliged independently twice a year(before June 20 and December 20) submit information on the availability and technical condition of vehicles, as well as data of employees who work on this transport (clause 14 of the Regulation on military transport duty, approved by the Cabinet of Ministers of Ukraine dated December 28, 2000 No. 1921, hereinafter - Regulation No. 1921).

Can a military enlistment office impose a fine on an enterprise?

Managers and other officials of the enterprise, as well as persons responsible for maintaining military records at the enterprise, may be held administratively liable for the following types of violations:

  • on Art. 211 2 KUoAP- if the enterprise does not timely submit lists of conscripts to the relevant military registration and enlistment offices (lists of citizens subject to registration in recruiting stations must be submitted by units for work with personnel of enterprises, institutions, organizations, regardless of subordination and form of ownership, every year within the time frame established by the Ministry of Defense);
  • on Art. 211 3 KUoAP- if the enterprise accepts for work (study) liable for military service and conscripts who are not registered with the military at the place of residence;
  • on Art. 211 4 KUoAP- if the enterprise does not notify the conscripts and conscripts that they are being summoned by the military registration and enlistment offices, or prevents their timely appearance at the assembly points or recruiting stations.

For all of the above violations, the same liability is provided - a fine in the amount of from 1 to 3 NMDH(from 17 to 51 UAH), and for a repeated violation - from 3 to 7 NMDG (from 51 to 119 UAH).

For failure to provide information on the availability and technical condition of vehicles, as well as the data of employees who work on this transport, liability is provided in accordance with Art. 210 1 KUoAP- for violation of the legislation on defense, mobilization training and mobilization. The penalty for such a violation is from 30 to 100 NMDG(from 510 to 1,700 UAH).

At the same time, the military registration and enlistment offices not only consider cases of the above violations, but also themselves impose administrative penalties(Article 235 of the Code of Administrative Offenses).

Keeping military records in an organization is the responsibility of every company, and far from the right, as many believe. This is what the Federal Law "On Defense" of 31.05.1996 No. 61-FZ tells us about (clause 6, clause 1, article 8). At the same time, many organizations neglect this obligation, since fines for dishonest military registration in an organization or ignorance at all are negligible compared to violations of other areas of personnel records management, and do not exceed 1,000 rubles for each type of violation (Chapter 21 of the Code of Administrative Offenses of the Russian Federation) ... However, each company sooner or later comes to the necessity of setting up a military registration, since the district military registration and enlistment offices visit every company operating in the territory entrusted to them with a certain frequency. In addition, it must be remembered that a fine can be imposed for each "incident" of violation, and not just for the fact of violation.

In this article, we will consider the main questions that personnel specialists have in the course of work on the organization of military registration in a company. Indeed, despite the availability of precise instructions from the General Staff, immediately at the beginning of work, especially when this is done for the first time in a specialist's life, instructions become insufficient. A clearly structured plan is needed. It is on the principle of the plan that our article will be built.

Starting work on the organization of military registration, first of all, it is necessary to study all the governing documents. This will be helped by the so-called "working folder", which contains in printed form guiding documents for the conduct of military records (laws). Such a folder must be mandatory in every organization, contain the Federal Law of 24.04.1996 No. 61 "On Defense", Federal Law of 24.01.1997 No. 31 "On mobilization preparation and mobilization in the Russian Federation", Federal Law of 06.03.1998 No. 53 "On conscription and military service ", Code of the Russian Federation" On Administrative Offenses "chapter 21, Comments to the Code of the Russian Federation" On Administrative Violations "chapter 21, FKZ of 27.12.2001" On Martial Law ", Resolution of the Government of the Russian Federation of 27.11.2006 No. 719" On the approval of the Regulations on military registration ", Methodological instructions for the organization and maintenance of military registration and booking of citizens in reserve (GPZ). During the check, the checking inspector will definitely pay attention to this folder and, if it is not there, then he will definitely prescribe to start it. In addition, it is assumed that the officer in charge of military registration in the organization must know and constantly study the governing documents, therefore, if you are going to keep military records according to all the rules, then the presence of this folder, first of all, is in your interests, and then - in the interests of passing the audit.

The duty to maintain military records is assigned to the head of the organization "by default". However, the enterprise must have an order to appoint a person responsible for maintaining military records, indicating the employee who replaces him during the absence of the main one (business trip, vacation, sick leave). The form of the order on the appointment of a person responsible for military registration in an organization is given in the guidelines for organizing and maintaining military registration and booking a GPZ and is mandatory. The order is prepared annually and without fail is agreed with the military registration and enlistment office (after approval, the signature of the military commissar appears on the order with the seal of the military registration and enlistment office, which is a confirmation of the fulfillment of the document approval rule). Further, a package of documents is being prepared for the organization's registration for military registration: an organization card for F-18 and a work plan for military registration for a year, which is also agreed annually with the regional military registration and enlistment office. Form 18 is filled out based on statistical data on the organization's employees at the time of preparation of the document and contains data on the organization, the total number of employees, as well as the number of citizens who are in the reserve and working in the organization, with a breakdown in composition and degree of fitness for military service. The work plan is prepared in the form given in the guidelines for organizing and maintaining military records and booking GPZs. Depending on the military registration and enlistment office and the region, when registering an organization for military registration, a notification of the organization's registration with military registration, Form 6, a plan for replacing specialists during mobilization and wartime, as well as a list of conscripts may also be required.

Particular attention should be paid to the card index of personal cards of citizens who are in stock. It is built in the form of T-2, but sorted by composition:

  • separate personal cards of reserve officers;
  • separate personal cards of warrant officers, warrant officers, sergeants, foremen, soldiers and sailors in the reserve;
  • separate personal cards of female citizens staying in reserve;
  • separate personal cards of citizens subject to conscription.

All T-2 cards of citizens subject to the reserve and working / working employees must be recorded in the register of T-2 cards. The form of the journal is given in the guidelines for organizing and maintaining military registration and booking GPZ and is mandatory. In the form of the journal, columns are provided for marks on registration and deregistration of a gas processing plant in the organization. Please note that electronic logging is acceptable. However, during inspection it will need to be printed and presented to the inspector as proof of compliance. When an employee is dismissed, the T-2 card is transferred to the archive. In contrast to the T-2 cards for the registration of employees, the T-2 cards of the filing cabinet for military service are stored for 3 years (T-2 cards of employees - 75 years) after dismissal.

When accepting an employee, as well as when building a card index for conscripts, pay attention to the correctness of the completed military registration data in the T-2 card:

  • The composition (profile) is filled in without abbreviations based on the data of the military registration document: command, engineering and technical, military humanitarian, pedagogical, legal, medical, veterinary.
  • The full code designation of the VUS is also indicated in the military registration document, entered into the card in full accordance with the military ID.
  • The military service category is also shown on the corresponding page on the military ID. At the same time, if there is no record of suitability, then the “A” category of suitability is put down (this is often the case with reserve officers).
  • The name of the military commissariat is affixed in accordance with the last entry in the military card.
  • The column "Is on the military register" is filled in according to the following lines:

a) in cases where there is a mobilization order and (or) a stamp on the issuance and withdrawal of mobilization orders;

b) for citizens booked for the organization for the period of mobilization and for wartime (Section I, clause 4 of the military card).

  • A note on the removal from military registration is made in the personal card of those citizens who have reached the age limit for being in the reserve or are recognized as unfit for military service for health reasons.
  • Citizens subject to conscription for military service (up to 27 years old): the columns "Reserve category", "Composition (profile)", "Full code designation of the VUS" and "Is registered with the military" are not filled in . In the column "Military rank", an entry is made in pencil, "subject to conscription."
  • The category of fitness for military service is recorded in letters in accordance with the data of the military registration document:
    A - fit for military service.
    B - fit for military service with minor restrictions.
    B - partially fit for military service.
    G - temporarily unfit for military service (re-examination period).
    D - not fit for military service (removed from the military register).

When building a card index, you should also pay attention to such fields of the card as "knowledge of foreign languages" and "education". Military commissioners pay attention to the information in these fields and believe that they must be filled in without fail, despite the 152-FZ (On the protection of personal data) and the absence of requirements for education for the position of the employee. They motivate their requirement to fill in these fields by the fact that these data will be extremely necessary for military registration and enlistment offices in case of mobilization or wartime. Perhaps this is so, but for us, personnel officers, this circumstance, of course, does not make our work easier. Especially if the company has less than 500 employees - in this case, the employee is engaged in military registration along with his main job. And only when there are more than 500 GPPs, a separate employee is relied on for this area of ​​work.

In each organization, in addition to a file cabinet, a working folder, an order on the appointment of a person responsible for military registration and an agreed work plan, there should also be a log of checks on the implementation of military registration and booking of citizens who are in the reserve of the Armed Forces of the Russian Federation. The form of the journal is given in the guidelines for organizing and maintaining military registration and booking GPZ and is mandatory. In this journal, representatives of the administration and military commissioners will give their comments and assessments, who will come with inspections - annually with more than 500 employees and once every 3 years with less than 500 employees.

The last step in this difficult matter, the organization of military registration at the enterprise from scratch, will be the preparation of a working folder where all outgoing and incoming military registration documents will be stored. It is in this folder that notifications about the admission and dismissal of employees, prepared within 2 weeks, correspondence with military registration and enlistment offices, and so on will be transferred to storage. It is recommended that all outgoing documents be prepared in 2 copies - one for the military registration and enlistment office, the second for the employer. The documents must be stamped with an outgoing number and date. It is recommended to transfer documents sent directly to the military registration and enlistment offices according to the inventory, and when sent by mail, it is imperative to attach an inventory of the shipment. Otherwise, it will be quite difficult to prove that you carried out military registration work in a timely manner, in accordance with the requirements of the legislation.

Further maintenance of military records is carried out in accordance with the plan for maintaining military records in the organization in compliance with the terms specified in the plan.

* * *

As you can see, in principle, there is nothing complicated in maintaining military records. There is more monotonous, paperwork, which not everyone likes. In addition, the work on setting up and maintaining military records is quite labor-intensive, since it presupposes the presence of a separate T-2 card index of conscripts, which also needs to be kept, filled in and replenished, like the main one.

Whether or not to keep military records - of course, the company can decide for itself, like that, pay wages to employees on the card, reporting to all relevant funds, or issue it in envelopes, depriving employees of future pensions and other benefits. But, based on experience, if your company has already appeared in the military registration and enlistment office in one way or another, the military registration will have to be done according to all the rules.

Currently, many organizations ignore the requirement to maintain military records, since the penalties for failure to comply with this obligation are negligible. Some fulfill the requirements of military registration only partially, for example, they only collect the necessary documents and store them, while not providing any information to the military department. However, both in the first and in the second case, one can face the risk of administrative sanctions, since the legislation directly provides for the obligation of the employer to keep military records.

DO I MAKE A MILITARY RECORD?

The fact that military registration is mandatory is established in the following regulations:

Art. 8 of the Federal Law of 31.05.1996 No. 61-FZ "On Defense" (as revised on 03.07.2016; hereinafter - Federal Law No. 61-FZ);

Art. 9 of the Federal Law of February 26, 1997 No. 31-FZ "On mobilization preparation and mobilization in the Russian Federation" (as amended on February 22, 2017; hereinafter - Federal Law No. 31-FZ);

Art. 4 of the Federal Law of 28.03.1998 No. 53-FZ "On conscription and military service" (hereinafter - Federal Law No. 53-FZ);

Clause 1 of the Regulations on military registration (approved by the Decree of the Government of the Russian Federation of November 27, 2006 No. 719, as amended on December 29, 2016; hereinafter - the Regulation);

Responsibility for the lack of military registration

For shortcomings in the conduct of military records, administrative responsibility may ensue.

So, according to Part 3 of Art. 21.4 of the Code of Administrative Offenses of the Russian Federation, the fine for failure to notify the head or other responsible person to the military commissariat of information about recruited or dismissed from work citizens liable for military service is from 300 to 1000 rubles.

Companies do not take such a fine seriously, so they prefer not to keep military records at all or keep it partially (for example, only fill out the section on military records in personal cards).

However, if the organization receives a request from the military registration and enlistment office for the submission of documents in accordance with the law, military records will have to be kept. If the requirements of the military registration and enlistment office are ignored, other penalties will follow:

A fine from 2,000 to 4,000 rubles. against officials for disobeying a lawful order or demand of an official of a body exercising state supervision (control) (Article 19.4 of the Administrative Code of the Russian Federation);

A fine from 3000 to 5000 per company and from 300 to 500 rubles. on officials for failure to provide or untimely submission to the state body of information (information) provided for by law (Article 19.7 of the Code of Administrative Offenses of the Russian Federation);

The fine is from 10,000 to 20,000 rubles. per company and from 1000 to 2000 rubles. or disqualification for a period of up to three years for officials for failure to comply within the prescribed period of a legal order of the body exercising state supervision (Article 19.5 of the Administrative Code of the Russian Federation).

It should be noted that in paragraph 6 of Art. 1, art. 3, p. 6, 7 art. 8 Federal Law No. 53-FZ, sub. "A" and "b" of clause 32 of the Regulations there is no mention of the fact that individual entrepreneurs are obliged to provide such information about citizens hired. Therefore, the risk of bringing an individual entrepreneur to responsibility for the lack of military registration is minimal.

Who is subject to military registration?

According to clause 14 of the Regulations, citizens of the Russian Federation are subject to military registration:

Men from 18 to 27 years old who are not in the reserve (conscripts);

Citizens in the reserve (liable for military service), including those who have not completed military service due to exemption from military service or who have completed alternative civilian service.

Not subject to military registration, in accordance with paragraph 1 of Art. 8, paragraph 4 of Art. 23Federal Law No. 53-FZ, the following citizens:

Exempt from military service (due to their recognition as unfit for military service for health reasons);

Military service;

Persons serving a sentence of imprisonment;

Women who do not have a military specialization;

Permanently residing outside the Russian Federation.

Consider a situation in which the maintenance of military records has become an urgent issue for the organization in connection with the appeal of the military registration and enlistment office: it is necessary to draw up documents in such a way as not to cause complaints, and even more so fines from the military department.

STEP 1. EMPLOYEE SUBMITS DOCUMENTS

Persons liable for military service and persons subject to conscription for military service, upon concluding an employment contract, submit military registration documents to the employer (Article 65 of the Labor Code of the Russian Federation).

These documents are needed for the employer to fulfill the obligation to maintain military records. Without them, the personnel service will not be able to fill out section II of the personal card (unified form No. T-2 or No. T-2 GS (MS)), which means it will not fulfill the requirements of the legislation.

According to clause 27-30 of the Regulations, the military registration of citizens is carried out according to the personal cards of employees, which are filled out on the basis of military registration documents:

Identity cards of a citizen subject to conscription for military service - for conscripts;

Military ID (temporary ID issued instead of a military ID) - for those liable for military service.

In practice, the HR department makes copies of them and keeps them in the personal files of employees. Moreover, you should not only make copies of the first spread of documents (as some organizations mistakenly do), but also copy all completed pages. The information necessary for accounting is available in all parts of the military ID.

Sometimes, upon admission, it turns out that the employee's military registration documents are out of order:

A military ID is lost or damaged;

There is no mark on registration at the military registration and enlistment office at the place of registration;

There is a certificate of conscription, while the employee is over 27 years old;

A conscript with a certificate does not have a deferment from the draft.

In this case, the organization may have problems when maintaining military registration and checking the military registration and enlistment office, therefore, persistence should be shown when requesting military registration documents from employees.

You can, for example, give the employee a notice reminding him of his duty with regard to military registration (example 1). The form of such a notification is not provided for by law.

STEP 2. FILL IN THE EMPLOYEE PERSONAL CARD

Based on the information from the military registration documents, it is necessary to fill out Section II of the personal card of each military employee.

We recommend filling out the personal cards of persons liable for military service in a timely manner, since the personnel service will be able to draw up other organizational documents promptly, and making entries at a time in all personal cards is a long and laborious undertaking.

The main document governing the procedure for organizing and maintaining military records is Methodological Recommendations. It is he who is guided by the officials of the military registration and enlistment office when making inquiries and checking the maintenance of military records.

The procedure for maintaining and storing personal cards of citizens registered for military service is given in Appendix No. 7 to the Methodological Recommendations. Note that the requirements vary:

For reserve officers;

Soldiers, sailors, sergeants, foremen, warrant officers and warrant officers of the reserve;

Citizens subject to conscription.

Items of the personal card are filled out based on the information contained in the military ID.

The variant of filling out section II of the personal card is given in example 2.

Accounting and storage of personal cards

Often, organizations incorrectly store the personal cards of those liable for military service. The storage order of these cards is defined in Appendix No. 7 to the Methodological Recommendations.

Personal cards must be kept in a lockable cabinet in the following order (filing cabinet):

Section 1 - personal cards for reserve officers;

Section 2 - personal cards for soldiers, sailors, sergeants, foremen, warrant officers and warrant officers of the reserve;

Section 3 - personal cards for female conscripts;

Section 4 - personal cards for conscripts.

As a rule, military registration and enlistment offices are asked to keep a register of personal cards, according to which, when checking, their presence is checked.

There is no special form for the magazine, but the military registration and enlistment offices recommend a form, a sample of which is given in example 3.

The company employs employees liable for military service. Does the district military registration and enlistment office (hereinafter - RVK) have the right to check how the military registration is maintained at the enterprise? Can they come with a check or request to provide them with any documents?

RVC has the right to come to enterprises with an inspection. but in 2017 there is a moratorium on inspections established by the Law of 03.11.16, No. 1728-VIII. The military enlistment offices were not included in the list of exceptions when the law does not apply to some state bodies. You can read more about the moratorium in the article "". Therefore, now representatives of RVC are not entitled to check the enterprise.

How, in principle, do RVC employees conduct an audit?

There are two regulations that govern the auditors:

  • Regulations on military commissariats, approved by the Cabinet of Ministers of Ukraine dated 03.06.13, No. 389 (it is indicated that the military commissar has the right to monitor compliance with the requirements of the legislation on defense issues);
  • The procedure for organizing and maintaining military records of conscripts and conscripts, approved by the Cabinet of Ministers of Ukraine dated 07.12.16 No. 921 (hereinafter - Order No. 921). In particular, it was established that the district (city) military registration and enlistment offices can inspect enterprises based on plans approved by the relevant regional state administration or city council(p. 78 of Order No. 921).

The authorized persons of the military registration and enlistment office have the right to check the correctness of the military registration by enterprises. The officers of the military registration and enlistment office must confirm their credentials an order to perform a task according to the form of Appendix 29 to Order No. 921. The order is signed by the military commissar and approved by the seal of the military registration and enlistment office. The head of the enterprise has the right to check the presence of instructions and certificates from the inspectors and only then admit them to the inspection (clauses 82, 83 of Order No. 921).

The check is carried out by a commission. The chairman of the commission, prior to the start of the inspection, notifies the heads of enterprises about the work plan, and after the inspection, notifies them of the violations found (clause 84 of Procedure No. 921). The result of the check is drawn up in the form act.

The enterprise is obliged to eliminate the violations revealed by the inspection. The company must notify RVC about the measures taken to eliminate violations within the time period specified in the inspection report (clause 85 of Procedure No. 921).

An exhaustive list of questions and documents, which are subject to verification on the organization and maintenance of military records at the enterprise, is given in clause 5 of Appendix 27 to Order No. 921. job descriptions, staffing, orders for the admission and dismissal of conscripts and conscripts, etc.

Can RVC request any documents from the company?

Law No. 1728 established a moratorium on inspections, but RVC documents during this period have the right to request.

In turn, enterprises are required to submit to RVC information necessary for carrying out mobilization activities(paragraph fourteen, part 1 of article 21 of the Law of 21.10.93, No. 3543-XII "On mobilization preparation and mobilization", hereinafter - Law No. 3543). In particular (part 3 of article 3 of Law No. 3543), data:

  • on the preparation and maintenance of equipment and facilities in proper condition, which, in the event of mobilization, are intended to be handed over to the Armed Forces of Ukraine to other paramilitary formations;
  • maintaining military records of conscripts and conscripts.

The Law does not say anything about the deadline for submitting such information, that is, the deadline must be indicated in the request itself.

In addition, there is now a special period. Therefore, enterprises are obliged independently twice a year(before June 20 and December 20) submit information on the availability and technical condition of vehicles, as well as data of employees who work on this transport (clause 14 of the Regulation on military transport duty, approved by the Cabinet of Ministers of Ukraine dated December 28, 2000 No. 1921, hereinafter - Regulation No. 1921).

Can a military enlistment office impose a fine on an enterprise?

Managers and other officials of the enterprise, as well as persons responsible for maintaining military records at the enterprise, may be held administratively liable for the following types of violations:

  • on Art. 211 2 KUoAP- if the enterprise does not timely submit lists of conscripts to the relevant military registration and enlistment offices (lists of citizens subject to registration in recruiting stations must be submitted by units for work with personnel of enterprises, institutions, organizations, regardless of subordination and form of ownership, every year within the time frame established by the Ministry of Defense);
  • on Art. 211 3 KUoAP- if the enterprise accepts for work (study) liable for military service and conscripts who are not registered with the military at the place of residence;
  • on Art. 211 4 KUoAP- if the enterprise does not notify the conscripts and conscripts that they are being summoned by the military registration and enlistment offices, or prevents their timely appearance at the assembly points or recruiting stations.

For all of the above violations, the same liability is provided - a fine in the amount of from 1 to 3 NMDH(from 17 to 51 UAH), and for a repeated violation - from 3 to 7 NMDG (from 51 to 119 UAH).

For failure to provide information on the availability and technical condition of vehicles, as well as the data of employees who work on this transport, liability is provided in accordance with Art. 210 1 KUoAP- for violation of the legislation on defense, mobilization training and mobilization. The penalty for such a violation is from 30 to 100 NMDG(from 510 to 1,700 UAH).

At the same time, the military registration and enlistment offices not only consider cases of the above violations, but also themselves impose administrative penalties(Article 235 of the Code of Administrative Offenses).