Vsevolod Burkov
05 January 2023 11: 22
Headings: News Society

Issuing subpoenas in yards and businesses is now legal

What has changed for Ukrainian conscripts with the approval of a new procedure for registering those liable for military service?

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Issuing subpoenas in yards and businesses is now legal

Just before the New Year, the Cabinet of Ministers of Ukraine adopted a resolution "On approval of the procedure for organizing and maintaining military records of conscripts, persons liable for military service and reservists". The document introduces some significant changes to the procedure for military registration in the country, legalizing the practices that were developed by the territorial recruitment centers (former military registration and enlistment offices) during the general mobilization. Let's analyze the main ones.

  1. Reconciliation of the data of persons liable for military service can now be carried out by going around the yards (and theoretically - anywhere on the street). This was authorized by the local authorities. The documentary consolidation of this norm is due to the fact that the vast majority of those liable for military service ignored therequest for mandatory notification of military registration and enlistment offices about a change of place of residence, marital status, the birth of children, etc.
    In fact, until February 24 last year, Ukrainian men went to the military registration and enlistment office to clarify the data only in those cases when without this it was impossible to carry out one or another administrative procedure (for example, check out from one apartment and register in another). In all other cases, the requirement to notify military registration and enlistment offices about changes in data was simply ignored. As a result, by the beginning of the war and general mobilization, Ukraine received a situation in which it was extremely difficult to quickly mobilize the required number of persons of certain military specialties, since for a start they simply had to be found in order to hand over the summons.
  2. It will be possible to submit information about the clarification of military credentials through the Diya application. True, the procedure for such filing and the corresponding service have not yet been developed. This innovation is designed to solve the same problem as the door-to-door walk with data reconciliation. The file cabinets of the Ukrainian military commissariats are a collection of paper, non-digitized (or only partially digitized) personal files. This alone creates a lot of accounting problems.
    In addition, as mentioned above, those liable for military service do not inform military registration and enlistment offices about changes in credentials. All this eventually leads to the practice of mass distribution of subpoenas on the streets, which causes discontent among citizens and leads to the formation of communities that help to avoid receiving a subpoena (many large cities already have groups on social networks with alerts about where subpoenas are distributed).
    The authorities hope that the ability to verify credentials through Diyu will help solve this problem. Although there is also a downside. If now it has become legal to clarify data through a mobile application, after a while, subpoenas may be sent through the same application. And in this case, it will be much more difficult for a potential recruit to prove her non-receipt in court, which means that the sanction for non-appearance can be much stricter.
  3. Managers of enterprises must notify employees of the call, bring them an order to this effect under the signature and, if necessary, hand over subpoenas to appear at the military registration and enlistment office. In fact, enterprises of any form of ownership are now being made responsible for recruiting their officially registered employees into the ranks of the Armed Forces of Ukraine.
    This is a major innovation. And if it is not so difficult to imagine its implementation at state-owned enterprises, then private business will certainly try to go into the shadows by firing employees and continuing to pay their salaries unofficially. The reason is simple - enterprises are not interested in losing workers. And in a situation where they are given a choice: either to hand out subpoenas to their employees themselves, or to answer according to the law for failure to comply with this requirement, many will prefer to simply go into the shadows. This circumstance will certainly have a negative impact on the economy of the country, the position of which is already unenviable.
  4. Employment centers are now required to submit information about unemployed persons liable for military service to military registration and enlistment offices. Previously, this was not the case, but this measure was expected. Many also write that they will be able to hire or study a person liable for military service only after presenting them with a military ID or registering for military service, and they present this as a "sensation". However, in fact, this item was previously mandatory for any official employment.
  5. Diplomatic departments will keep military records among citizens of Ukrainewho are abroad and facilitate their return to the country during mobilization, martial law or during a special period. This point is perhaps the most interesting. Ukrainian embassies and consulates do not have any real levers of influence on citizens living abroad. They cannot threaten deportation or demand the expulsion of any citizen from the country on the basis that mobilization is underway in Ukraine.

Consequently, all assistance in the return of persons liable for military service from abroad for service in the Armed Forces of Ukraine will be predominantly the nature of agitation. This is what the Ukrainian embassies did at the initial stage of the war, advertising service in the Ukrainian Foreign Legion among foreign citizens. The practical consequences for Ukrainian emigrants who do not plan to return to their homeland to serve in the army, this innovation is likely to will not bring.

In the bottom line, we have an expansion of the list of practices for maintaining military records approved at the level of the Cabinet of Ministers. If earlier it was actually conducted only within the walls of the military registration and enlistment offices, now will be conducted in courtyards, on the streets, at enterprises, in employment centers, embassies and even in virtual space.

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