On 5 January 2023, the "Procedure for Organisation and Maintenance of Military Registration of Conscripts, Persons Liable for Military Service and Reservists," approved by the Resolution of the Cabinet of Ministers of Ukraine No. 1487 dated 30 December 2022 ("Procedure"), came into effect. The Procedure establishes changes regarding the military registration of Ukrainians, including new obligations for employers.
- The following persons are subject to military registration:
- Conscripts under 27 years old;
- Persons liable for military service and reservists who have not reached the age limit for being in the reserve;
- Women who have a medical or pharmaceutical specialty; at their own request, women who have a specialty and/or profession according to the list approved by the Ministry of Defence.
- The organisation of military registration at companies is entrusted to the managers. The duties of keeping military records are entrusted to the employees of the personnel service, and, in their absence, to the person who keeps employees' records at the company. Such a person will be entitled to additional payment of up to 50% of their salary.
- Within seven days from the date of issuance of the order on the appointment or dismissal (removal) of managers and other persons responsible for the organisation and maintenance of military registration, the employer is obliged to notify the relevant territorial centre of recruitment and social support.
- Employment is possible only if it is confirmed that the person liable for military service is on the military register. Within seven days from the date of issuance of the order on hiring or dismissal from work, the employer must send to the relevant territorial centres of recruitment and social support a notice of change to the credentials of the conscripts, persons liable for military service and reservists.
- The employer must inform conscripts, persons liable for military service and reservists of the rules of military registration, which will be confirmed with their personal signature, during the induction process. The rules should also be printed and pinned at a common area on the premises of the employer to ensure good visibility.
- Upon changing the place of residence, conscripts, persons liable for military service and reservists are obliged to appear at the relevant territorial centre of recruitment for military registration within seven days from the date of arrival at the new place of residence.
- Conscripts, persons liable for military service and reservists are obliged to personally notify the authorities where they are registered for military service of changes to their personal data within seven days.
- Failure to submit the lists of citizens subject to registration with military recruiting stations to the territorial centres of recruitment and social support; hiring persons who are not registered with the military; failure to notify conscripts, persons liable for military service and reservists about their call to the territorial centre of recruitment and social support; obstruction of their timely appearance; late submission of documents; and failure to provide information about such persons, may trigger liability of the company's officials in the form of a fine in the amount of up UAH 8,500 (approx. USD 232) per offense.
By Lina Nemchenko, Partner, Mariana Marchuk, Counsel, Baker McKenzie