The editorial staff of 360UA NEWS has received a document containing methodological recommendations developed by the General Staff of the Armed Forces of Ukraine regarding the administrative prosecution of conscripts and reservists for violating the rules of military registration, defense legislation, mobilization training, and mobilization.
As MP Oleksandr Fedienko reports in his Telegram channel, the CCC is fining even those who updated their data in “Reserve+”. We are talking about people who updated through the application, but previously had problems with military registration – they were not on it or lost their military ID. Therefore, even updating their data with subsequent appearance at the CCC did not save them from fines.
Whether this practice complies with the recommendations of the General Staff or is a “local initiative” can be concluded by reading the full text of the “Methodological Recommendations.” Journalists of our publication publish the most common situations faced by Ukrainian citizens of draft age.
You can learn more about the content of the document in the screenshots below:
According to the note to Article 210 of the Code of Administrative Offenses, the provisions of Articles 210, 210 of the Code of Administrative Offenses do not apply if the holder of the Unified State Register of Conscripts, Military Conscripts and Reservists (hereinafter referred to as the Register) is able to obtain personal data of a conscript, military conscript and reservist through electronic information interaction with other information and communication systems, registers (including public ones), databases, the holders (managers, administrators) of which are state bodies.
For reference. Article 14 of the Law of Ukraine “On the Unified State Register of Conscripts, Military Obligees and Reservists” defines the list of information that the Register receives through electronic interaction with other state registers (databases).
In particular, interaction has already been established with:
- state register of civil status acts of citizens
- register of the State Migration Service on migration, citizenship, registration of individuals, refugees
- State Tax Service
- register of the State Border Guard Service
- register of the Ministry of Education and Science
- Pension Fund register
- register of the State Judicial Administration
In addition, measures are being taken to ensure technical interaction with the data registers of the Ministry of Internal Affairs of Ukraine, the Ministry of Justice of Ukraine, the Ministry of Veterans Affairs of Ukraine, the Ministry of Social Policy of Ukraine, and the State Employment Service on the issues specified in Article 7 of the Law “On the Unified State Register of Conscripts, Military Obligees and Reservists”.
Part 1 of Article 307 of the Code of Administrative Offenses stipulates that the fine must be paid by the violator no later than 15 days from the date of delivery of the resolution imposing the fine, except for cases provided for in Articles 3001, 3002 of the Code of Administrative Offenses, and in the event of an appeal against such a resolution - no later than 15 days from the date of notification of the dismissal of the complaint.
In accordance with Article 308 of the Code of Administrative Offenses, in the event of failure by the offender to pay the fine within the period established by Part 1 of Article 307 of this Code, the resolution imposing the fine shall be sent for enforcement to the state enforcement agency at the offender's place of residence, work, or location of his property in accordance with the procedure established by law.
When determining the amount of the fine for violating the rules of military registration, legislation on defense, mobilization training and mobilization, provided for in Articles 210, 2101 and 211 of the Code of Administrative Offenses, be guided by Articles 33-35 of the Code of Administrative Offenses.
According to Article 36 of the Code of Administrative Offenses, if one person commits two or more administrative offenses, an administrative penalty is imposed for each offense separately.
If a person has committed several administrative offenses, the cases of which are simultaneously considered by the same body (official), the penalty shall be imposed within the limits of the sanction established for the more serious offense among those committed. In this case, one of the additional penalties provided for in the articles on liability for any of the offenses committed may be added to the main penalty.
In accordance with paragraphs 9, 12 of the Regulations on the CCC and the Joint Commission, approved by the Resolution of the Cabinet of Ministers of Ukraine dated February 23, 2022 No. 154, during mobilization and/or during martial law, the CCC and the Joint Commission consider cases of administrative offenses around the clock.
It is recommended to bring to administrative responsibility citizens aged 18 to 25 who have not registered for military registration as conscripts, as well as those liable for military service (reservists) who have been removed from military registration at their previous place of residence and have not registered for military registration as liable for military service (reservists) at their new place of residence. In accordance with subparagraph 1, paragraph 2, section II, Final and Transitional Provisions of the Law of Ukraine dated 11.04.2024 No. 3633-IX “On Amendments to Certain Legislative Acts of Ukraine Regarding Certain Issues of Military Service, Mobilization and Military Registration” (hereinafter referred to as Law No. 3633-IX).
Failure to appear within seven days from the date of arrival at the new place of residence at the appropriate district (city) CCC and SP for military registration.
It is recommended to hold citizens administratively liable, taking into account the personal reasons for citizens' untimely arrival at the CCC and SP for the purpose of military registration, as well as the duration of the citizen's absence from military registration.
It is recommended to refrain from bringing to administrative responsibility citizens liable for military service who were forced to leave their places of residence and temporarily occupied territories, areas of active hostilities, and independently arrived at the CCC and SP for military registration.
Failure to appear within seven days from the date of registration of an internally displaced person (in case of leaving their place of residence) at the relevant district (city) CCC and SP for registration in military service
It is recommended to hold citizens administratively liable, taking into account the personal reasons for citizens' untimely arrival at the CCC and SP for the purpose of military registration, as well as the duration of the citizen's absence from military registration.
It is recommended to refrain from bringing to administrative responsibility citizens liable for military service who are registered as internally displaced persons, were forced to leave their places of residence and temporarily occupied territories, areas of active hostilities, and independently arrived at the CCC and SP for military registration.
Administrative liability under Article 211 of the Code of Administrative Offenses.
In the event of damage or loss due to negligence of a military registration document, a conscript (reservist) may be held administratively liable on the basis of Article 211 of the Code of Administrative Offenses.
The specified norm applies exclusively in the event of damage or loss of the following military registration documents: military ID of privates, sergeants and non-commissioned officers; military ID of a reserve officer; temporary certificate of a person liable for military service; military registration document on a form.
In the event of damage or loss of a military registration document by a conscript, conscript or reservist due to negligence and an application to the CCC and the SP for its restoration on a form, provided that the conscript, conscript or reservist has a military registration document in electronic form, he will not be held administratively liable.
