Rules for Maintaining Military Records at an Enterprise

Maintaining military records at an enterprise is currently one of the most important responsibilities for businesses. Given the current circumstances, Ukrainian legislation imposes strict requirements for the registration of persons liable for military service, and during martial law, state authorities have significantly increased their oversight.

From our own experience, we see that many business owners and managers do not pay enough attention to military record-keeping for various reasons. This is usually due to a lack of time or the absence of a qualified specialist who could take on these duties, as organizing military registration at an enterprise from scratch is not such an easy task. However, failure to comply with the relevant requirements can lead to serious consequences, including fines and inspections by the Territorial Recruitment and Social Support Centers.

In this article, we will explore the key points to consider when organizing military record-keeping at an enterprise.

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What Are the Penalties for Failing to Maintain Military Records of Employees?

Military record-keeping is a legal obligation mandated by legislation. Every enterprise is required to keep records of its employees who are subject to military service. Maintaining such records helps the state monitor the number of individuals liable for military duty.

Failure to comply with military record-keeping requirements can lead to significant financial consequences, as fines for violations can reach tens of thousands of hryvnias. According to Article 210 of the Code of Ukraine on Administrative Offenses, the fine amounts are as follows:

According to Cabinet of Ministers Resolution No. 1487 dated December 30, 2022, enterprise managers bear personal responsibility for the organization and proper maintenance of military records. This means they must ensure compliance with all requirements for registering conscripts, persons liable for military service, and reservists.

Main grounds for fines:

• Failure to submit employee lists to Territorial Recruitment Centers (TRCs)
• Hiring individuals who are not registered for military service
• Obstructing employees from reporting to TRCs
• Failure to provide required documents in a timely manner.

Types of Liability

Neglecting the rules for military record-keeping of employees primarily results in consequences for enterprise managers. Ukrainian legislation provides for two main types of liability:

• Administrative liability applies in cases of improper maintenance of military records or violations of the procedure for submitting information to the Territorial Recruitment and Social Support Centers.
• Criminal liability may apply in cases of deliberate actions that obstruct military record-keeping or the mobilization of persons liable for military service.

Lack of proper organization of military records, among other things, poses a threat to the stable operation of the company.

Stages of Implementing Military Record-Keeping at an Enterprise

1. Appointment of a Responsible Person

In accordance with legal requirements, the head of the enterprise must officially appoint (by issuing an order) a person responsible for organizing and maintaining military records. An HR specialist, a legal advisor, or another employee with the necessary knowledge and qualifications may perform this role.

2. Notifying the TRC and SSC

The enterprise is required to inform the Territorial Recruitment and Social Support Center (TRC and SSC) at its registered legal address about the appointment of the employee responsible for military record-keeping. This ensures that the enterprise has an authorized person accountable for maintaining records and submitting the required documents in a timely manner.

3. Organizing Military Record-Keeping

The responsible person must display the rules for maintaining military records at the enterprise in an accessible and visible location, ensure that all newly hired employees are familiarized with these rules, and prepare all necessary documents containing up-to-date information on employees liable for military service, ensuring their timely completion.

For example:

• Notification of changes in registration data.
• Lists for individual military record-keeping.
• Consolidated list of citizens subject to conscription registration.
• Receipt for the storage of a military registration document.
• Operational record-keeping sheet for conscripts, persons liable for military service, and reservists.
• Work plan for military record-keeping of persons liable for military service, reservists, and conscripts.
• Schedule for verifying the data in the individual military record-keeping lists against the records of the Territorial Recruitment and Social Support Centers.

4. Monitoring Compliance with Military Record-Keeping Rules and Establishing Interaction with the TRC and SSC

Careful monitoring of compliance with established military record-keeping standards at the enterprise is crucial to ensure adherence to legal requirements and to prevent potential violations. This includes actions such as promptly reporting any changes in employees' personal data, conducting regular data verifications, and timely responding to requests from the Territorial Recruitment and Social Support Centers (TRC and SSC).

Verification of Military Record Data of Employees

Ensuring the accuracy of military record data for employees is an important task for an enterprise. As previously mentioned, companies must actively cooperate with the Territorial Recruitment and Social Support Centers to verify and update employee military registration lists. However, before conducting an "external" verification, it is necessary to thoroughly review the information internally — an "internal" verification.

External Verification with the TRC

Enterprises must conduct external verification with the Territorial Recruitment Center (TRC) at least once a year. This approach allows for the timely detection and correction of errors or inaccuracies in employees' military record data and ensures that the information contained in the enterprise’s documents matches the records maintained by the TRC.

The person responsible for military record-keeping at the enterprise is required to appear at the relevant TRC at the scheduled time. This procedure involves comparing the information from the enterprise’s personal military registration list with the records held at the TRC.

After the data comparison process is completed, one copy of the extract from the registration lists is returned to the enterprise. This document must bear the mark "verified," the date of verification, the signature of the TRC official who conducted it, and the official seal of the TRC. The results of the verification must also be recorded in the appropriate registration journal.

Internal Verification

Internal verification is conducted annually. This procedure ensures the proper maintenance of military records at the enterprise. The process involves checking the accuracy and relevance of employees' military registration data directly within the enterprise, without involving external bodies such as the TRC and SSC.

During internal verification, the accuracy of the information listed, such as employees' personal details, military status, and other important data, is reviewed. All documents must be checked for compliance with legislative requirements.

Actions When Hiring Employees Liable for Military Service

When hiring employees who are liable for military service, it is important to follow several key steps:

1. Verify and obtain a copy of the employee’s military registration document.
2. Familiarize the employee with the Military. Record-Keeping Rules
3. Issue an employment order and notify the TRC and SSC of the change in data.

What to Do When Dismissing Employees Liable for Military Service

Before dismissing an employee liable for military service, the following steps must be taken:

1. Update the relevant registration documents.
2. Notify the TRC and SSC about the dismissal.

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Legal Assistance in Military Record-Keeping

Maintaining military records at an enterprise is not just a legal requirement but also a matter of security in times of martial law. We understand that business leaders need to focus on the growth of their companies, rather than getting caught up in complex legal issues that could lead to mistakes. Therefore, we offer a comprehensive solution for businesses looking for reliable legal support in military record-keeping.

Our services include:

• Consultations on proper military record-keeping. We provide expert consultations tailored to the specifics of your business, ensuring compliance with all legal requirements.
• Audit of military records. We conduct a thorough audit of your military records to identify and correct any inaccuracies, minimizing potential risks.
• Preparation of necessary internal documentation (orders, logs, instructions). We handle all the paperwork so you can focus on business development without getting bogged down by bureaucracy.
• Training for responsible individuals on proper record-keeping. We train your staff to manage military records accurately and independently, ensuring efficiency and compliance.

Don’t delay! The security of your business starts with proper record-keeping. Fill out the form on our website or call us to find out how we can assist you!