We continue to acquaint our audience with the mobilization legislation of Ukraine and this time we are talking about putting women on military registration.
Military registration of women: who will be affected and what is governed?
We will remind you that on October 11, 2021, the Ministry of Defense of Ukraine published a list of professions whose representatives are required to enter the military register. After criticism from the public, the Ukrainian government changed the document — at the beginning of April 2022, another order came into force, shortening the list of professions.
According to Sagaidak, according to the Law of Ukraine “On Military Duty and Military Service” , women who have a specialty and/or profession related to the corresponding military accounting specialty, as well as fit for military service due to their health and age, take on account As early as October 1st, the following must go to the military commissariats:
- women aged 18 to 60;
- fit for health;
- with a relevant specialty.
In accordance with the legislation, accounting is mandatory for employees in the field of food technology, dentistry, medicine, psychology, marketing, management, banking, etc. It will not escape the IT community either. Among the professions specified in the order:
- telecommunications and radio engineering;
- software engineering;
- Computer Science;
- information systems and technologies;
- Computer Engineering;
- system analysis;
- cyber security;
- micro- and nanosystem technology;
- automation and computer-integrated technologies.
The legislation does not provide for separate norms for women. Therefore, their registration for military service will be carried out according to the same order as men are registered – this process is governed by Cabinet of Ministers Resolution No. 921 of 2016 .
For example, it is still not completely clear how the specialty of women will be determined – by diploma or profession? But taking into account that in the order of the Ministry of Defense the list of specialties/professions is indicated with a slash, it can be assumed that the specialty will be determined both by the diploma and by the entry in the work book (by work experience). As for FOPs, here KVEDs will be taken into account.
“Regarding the obligation to register. After a flurry of outrage from women, the General Staff of the Armed Forces of Ukraine published a post on its Facebook page on July 14, 2022, stating that women would be enrolled in the military only with their consent. But I draw your attention to the fact that a post on Facebook is not a legal act.”
Mobilization of conscripts will be linked to mobilization plans and understanding of scarce specialties at the front. Therefore, depending on the experience of service/training at military departments, shortage of specialty, family circumstances, state of health, mobilization plans, the Military Committee will determine whether there is a need for mobilization of a specific woman. At the same time, it can also be about serving in the rear and performing analytical work.
Oleksiy Gromov, deputy head of the main operational department of the General Staff of the Armed Forces of Ukraine, previously reported that changes have been initiated regarding the inclusion of women in the military register only with their consent. Separately, the lawyer notes that military registration is not equal to forced mobilization. According to the Deputy Minister of Defense , this is a fake that was spread by the Russian media and currently there is no need for forced mobilization of women in the Armed Forces.
When and how can women register for the military?
In order to enter the military register, a woman must apply to the TCC SP (territorial recruitment and social support center), or, if it is easier, to the military commissariat, add copies and originals of her passport, identification code, marriage certificate, birth of children, and graduation certificate to the application. , references from work.
After that, the TCC of the JV determines whether the profession is included in the relevant list. If a woman falls under the specified criteria, she will be referred to the medical board. By the way, in case of disagreement with the decision of the medical commission, it can be appealed. It should be noted right away that a woman must go to the TCC SP on her own. The situation is similar with FOPs.
“But for now, you don’t have to wait for the first of October to register for the military. To avoid long queues in the future, I recommend visiting the military commissariat. This possibility was confirmed to us directly by the TCC itself.”
We would like to add that there are no exceptions for women for the reservation of a specialist at the enterprise, and we wrote about the general requirements in the previous article . In short, a conscripted woman must be registered, have a specialty that is not in short supply, and properly justify her importance in the workplace. Regarding the reservation of FOPs, there are certain conflicts in the regulatory framework. But, based on her own experience, she emphasizes: FOPs are also booked on condition of compliance with all requirements set by the Ministry of Defense and relevant ministries.
How should pregnant women and those who take care of young children behave?
The topic of registration of pregnant women or women caring for young children is also resonant. There are no exceptions in the legislation here. Even these layers of the population, as well as women working under civil-law contracts and housewives, should register for the military, if they have the appropriate professional affiliation.
There are no exceptions and a reminder: all exceptions are listed in Article 23 of the law “On Mobilization Training and Mobilization”. In short, women/men who have three or more minor children or are single-handedly raising a minor child or a child with a disability are not eligible for mobilization.
“The Ministry of Defense notes: women with minor children will not be mobilized. But these are words again. Perhaps, by the first of October, changes will be made. As for pregnant women, this may be the reason for the impossibility of serving due to medical contraindications. In any case, the suitability of each woman for military service will be determined depending on the state of health and other circumstances, in accordance with the legislation.”
Will women be allowed to be registered abroad?
Many discussions also arise around the topic of going abroad for those who have registered. We would like to remind that during the period of martial law and in the conditions of general mobilization, travel abroad is prohibited for conscripted men aged 18 to 60. At the same time, on the website of the President of Ukraine, the third petition with a request to remove this restriction has received the necessary number of votes for consideration .
“Regarding the departure of women abroad after enlistment in the military, this issue needs clear official explanations. According to the analogy of the law, yes, leaving can be limited, similarly as for conscripted men. However, it was reported that there is no decision to limit the travel abroad of conscripted women. We predict that in the future, an official clarification will be provided regarding this issue.”
Women who are already registered and are abroad must, after returning, apply to the military commissariat at their place of residence within seven days. If a woman has to be registered, there is no urgent need to go back to October 1st – currently there is no deadline for military registration.
“Therefore, you can do it at any time upon your return. In addition, there is a mechanism for military registration at the place of consular registration in the diplomatic institutions of Ukraine of the country where the woman is temporarily staying. Diplomatic and consular missions of Ukraine are even entrusted with the function of facilitating the return of conscripts to Ukraine in the event of mobilization and in wartime.”
What punishment is there for those who ignore accounting?
If we talk about responsibility, the lawyers emphasize that there is no deadline for registration. According to representatives of the Ministry of Defense, 2022 is a transitional year, so fines will definitely not be applied until the end of the year. But it is worth noting that in case of violation of the rules and evasion of military registration, both administrative and criminal liability is possible. It is, in particular, about Article 210 of the Code of Administrative Offenses and Article 337 of the Criminal Code .
A fine of 510 to 850 hryvnias is imposed for violation of the accounting rules by conscripts. For a repeated violation within a year, there is another fine, but the amount is from UAH 850 to UAH 1,700. For evading military registration after a warning from the head of the territorial center, the fine will increase once again and will range between UAH 5,100 and UAH 8,500. They can also appoint remedial works for up to a year.
Theoretically, this norm cannot be applied to military registration, because a woman does not belong to any of these categories.
As for enterprises, employers can bear the responsibility provided for in Article 210-1 of the Administrative Code “Breach of legislation on defense, mobilization training and mobilization.” Managers of enterprises will be responsible for it. The first fine will be from 3,400 to 5,100 UAH, and for repeated violations within a year – from 5,100 to 8,500 UAH.