The full-scale invasion of the Russian Federation into the territory of Ukraine on February 24, 2022 led to the introduction of martial law in Ukraine and the announcement of a general mobilization. Given this, more and more citizens are trying to understand the intricacies of the regulatory legislation on issues of mobilization and mobilization training, military registration, rules for serving subpoenas, responsibility, etc.
First of all, the duty of those liable for military service to be on military records is provided for in clause 1 of the Rules for military registration of conscripts and persons liable for military service, which is an annex to the Procedure for organizing and maintaining military records of conscripts and persons liable for military service, approved by the Resolution of the Cabinet of Ministers of Ukraine dated 07.12.2016 No. 921. In particular, conscripts and persons liable for military service, among other things, must:
– be registered at the place of residence in the district (city) military commissariats (conscripts of the SBU – in the Central) department or regional bodies of the SBU), at the place of work (training) at enterprises, institutions, organizations, executive bodies of rural, township and city councils, as well as in case of temporary departure from Ukraine by the place of consular registration in the diplomatic institutions of Ukraine;
– to arrive at the call of district (city) military commissariats (SBU bodies) at collection points, recruiting stations within the time specified in the documents they received (mobilization orders, summonses or orders of district (city) military commissariats (SBU bodies)), for taking on military registration and determination of appointment for wartime, registration of military registration documents, registration, medical examination, referral for training in order to obtain or improve a military registration specialty, conscription for military service or for a meeting of those liable for military service;
– not to change the place of actual residence (stay) from the moment of the announcement of mobilization, and in wartime not to leave the place of residence without the permission of the military commissar of the district (city) military commissariat, the relevant heads of the SBU or the Foreign Intelligence Service;
– personally, within 7 days, arrive at the district (city) military commissariats (SBU bodies) with a passport of a citizen of Ukraine and military registration documents for deregistration in case of departure to another locality to a new place of residence, on business trips, for training , on vacation or for treatment (for a period of more than 3 months outside Ukraine), in case of a change of residence within the city with a move to the territory of another administrative district;
– personally notify within 7 days the authorities in which they are registered with the military about changes in their marital status, health status, address of residence (stay), education, place of work and position.
Regarding the last two duties, it should be noted that according to Part 3 of Art. 37 of the Law of Ukraine dated March 25, 1992 No. 2232-XII “On military duty and military service”, conscripts, persons liable for military service and reservists, upon arrival at a new place of residence, are obliged to register for military registration within 7 days and not earlier than 3 days before departure from the place of residence to be removed from the specified account. In addition, imperative
the requirement for the need to register for military service for those liable for military service, those who arrived from another locality may be contained in regulatory legal acts issued by the local military-civilian administration.
At the same time, failure to fulfill the military obligation to register for military registration is a violation of the rules of military registration and leads to administrative liability in accordance with Part 2 of Art. 210 of the Code of Ukraine on Administrative Offenses in the form of a fine of 50 to 100 non-taxable minimum incomes of citizens is from 850.00 to 1700.00 UAH.
Note that liability will come immediately in accordance with Part 2 of Art. 210 of the Code of Administrative Offenses, considering that now in Ukraine there is a special period that covers the time of mobilization, wartime and, in part, the recovery period after the end of hostilities.
The evasion of a conscript, a person liable for military service, a reservist from military registration after a warning made by the relevant head of the territorial recruitment and social support center, the heads of the relevant SBU bodies, the relevant units of the Foreign Intelligence Service of Ukraine, already leads to criminal liability and in accordance with Art. 337 of the Criminal Code is punishable by a fine of 300 to 500 non-taxable minimum incomes of citizens, which is from 5100.00 UAH. up to UAH 8500.00, or correctional labor for up to 1 year.