Updated procedure for notifying employees among military personnel and reservists.

30/05/2024

The Cabinet of Ministers of Ukraine by resolution dated May 16, 2024, No. 560, approved the Procedure for calling citizens to military service during mobilization, for a special period. And by resolution No. 563 of May 16, 2024, the government made changes to the Procedure for the organization and maintenance of military accounting of conscripts, military personnel liable for military service, and reservists.

Procedure No. 560 defines, among other things, the involvement of enterprises, institutions, and organizations (i.e., employers - legal entities) in carrying out the draft during mobilization. Also, in the Procedure, we see provisions regarding the procedure for notifying military personnel liable for military service and reservists.

Let's take a closer look at what new regulations employers, including legal entities (government bodies and local self-government bodies, enterprises, institutions, or organizations), must follow.

Notification of employees about the call to the Territorial Military Commissions (TMC) at the workplace.

An important detail: representatives of enterprises, institutions, organizations have been given the right to deliver summons on the territory of the respective legal entities and at the places where employees perform work (duties). Subsequently, reservists and military personnel liable for military service may be notified of the call to the TMC:

  • by representatives of the enterprise (institution, organization) where he/she works;
  • by representatives of the educational institution where he/she studies;
  • by representatives of territorial recruitment and social support centers;
  • by notification groups, which may include representatives of district, city administrations (military administrations), enterprises (institutions, organizations), territorial recruitment and social support centers, and police.

Summons for notification by representatives of enterprises, institutions, organizations are delivered to their managers together with the order of the TMC head on conducting notification events for reservists and military personnel liable for military service.

The appointment of representatives of enterprises (institutions, organizations) authorized to deliver summons is made by the order of the respective manager, which is the basis for issuing an identity card to the person authorized to deliver summons. The identity card of the person authorized to deliver summons is issued by the head of the state administration (military administration), certified by his personal signature, and sealed with the official seal. Such identification is valid within the administrative-territorial unit where the identification was issued, upon presentation of the citizen's passport.

If it concerns the work of notification groups, to which, as mentioned above, employees of legal entities may be involved, then no later than one day before the conduct of such events, the TMC head issues an order, which determines, in particular, the enterprises, institutions, organizations, employees of which are subject to notification.

It should also be noted that the verification of military registration documents (including in electronic form) in male citizens aged 18 to 60 years may be carried out at the workplace by authorized representatives of the TMC or police officers.

Registration in the TMC of deferments for reserved employees.

Government bodies, other state bodies, local self-government bodies, enterprises, institutions, and organizations are obliged to issue a deferment from military service during mobilization to reserved employees (civil servants) who are reserved in the manner determined by the Cabinet of Ministers of Ukraine, to the TMC within the territory of responsibility where they are located. The relevant documents specified in the list according to Appendix 5 to Procedure No. 560 are submitted to the respective TMC.

And in Appendix 5 to Procedure No. 560 for reserved by government bodies, other state bodies, local self-government bodies, as well as by enterprises, institutions, and organizations, we see the following documents submitted to reservists to obtain a deferment from military service during mobilization:

  • application of the head of the respective legal entity regarding the issuance of a deferment from military service during mobilization to reservists reserved in the manner determined by the Cabinet of Ministers of Ukraine;
  • extract from the order of the Ministry of Economy on the reservation of reservists.

The commission in the TMC studies the received application and supporting documents, assesses the legality of the grounds for granting a deferment, if necessary, prepares requests to the relevant state authorities to obtain information confirming the applicant's right to a deferment, or uses information from public electronic registries. The commission is obliged to consider the received application and documents confirming the right to deferment within seven days from the date of receipt, but no later than the next day from the date of receipt of information in response to requests to state authorities.

Based on the consideration of the documents received, the commission makes a decision on granting or refusing to grant a deferment. The decision of the commission is formalized by a protocol.

The decision adopted by the commission is notified to the applicant by telephone, electronic communication, or mail no later than the next day after the adoption of such decision. In case of a positive decision, a certificate with the deferment period is provided to the reservist.

Primary military registration at the workplace - what has changed.

In response to Resolution No. 563, which made amendments to Procedure No. 1487, the following was established: personal military registration in state institutions, enterprises, and organizations now covers citizens of Ukraine who are conscripts, military personnel liable for military service, or reservists.

Every year by January 25, the heads of the respective institutions sign lists of personal military registration, which are then registered in the registry service.

The procedure for issuing orders in case of receipt of orders regarding the call of conscripts, military personnel liable for military service, or reservists to the TMC or security agencies has also been clarified. These orders must be personally notified to each of these individuals, and in case of absence of personal contact, sent by mail.

Changes to Procedure No. 1487 also took into account the specifics of military registration for citizens residing abroad.

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