The editorial office of 360UA NEWS received a document containing methodological recommendations developed by the General Staff of the Armed Forces of Ukraine regarding the administrative liability of conscripts and reservists for violating the rules of military registration, defense legislation, mobilization training and mobilization.
As People's Deputy Oleksandr Fedienko reports in his Telegram channel, the TCC fines even those who have updated their data in "Reserve+". We are talking about people who updated through the application, but previously had problems with military registration - were not on it or lost their military card. Therefore, even updating the data with subsequent attendance at the TCC did not save them from fines.
Whether this practice corresponds to 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 citizens of Ukraine of military age.
The content of the document can be read in more detail from the screenshots below:
In accordance with the note to Article 210 of the Code of Criminal Procedure, the provisions of Articles 210 and 210 of the Code of Criminal Procedure do not apply in the event that the holder of the Unified State Register of conscripts, conscripts and reservists (hereinafter the Register) may receive personal data of conscripts, conscripts and reservists through electronic information interaction with others information and communication systems. registers (including public ones), databases, the holders (administrators, administrators) of which are state bodies.
For reference. Article 14 of the Law of Ukraine "On the Unified State Register of Conscripts, Conscripts and Reservists" defines the list of information that the Register receives through electronic interaction with other state registers (databases).
In particular, interaction with:
- the state register of acts of civil status of citizens
- the register of the State Migration Service on issues of migration, citizenship, registration of natural persons, refugees
- State Tax Service
- the register of the State Border Service
- the register of the Ministry of Education and Science
- the Register of the Pension Fund
- the 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, the State Employment Service, on the issues specified in Article 7 of the Law "On the Unified State Register of Conscripts, conscripts and reservists".
Part 1 of Article 307 of the Code of Criminal Procedure determines that the fine must be paid by the violator no later than 15 days from the date of delivery of the decision on the imposition of a fine, except for the cases provided for in Articles 3001, 3002 of the Code of Criminal Procedure, and in the case of an appeal against such a decision - no later than 15 days from the day of the notification of leaving the complaint unsatisfied.
In accordance with Article 308 of the Code of Administrative Offenses, in the event that the offender fails to pay the fine within the time limit established by Part 1 of Article 307 of this Code, the decision on the imposition of a fine is sent for enforcement to the state executive service body at the offender's place of residence, work or at the 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, defense legislation, mobilization training and mobilization, provided for in Articles 210, 2101 and 211 of the Code of Administrative Offenses, Articles 33-35 of the Code of Administrative Offenses shall be guided.
In accordance with Article 36 of the Code of Administrative Offenses, when one person commits two or more administrative offenses, an administrative offense 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 is imposed within the limits of the sanction established for the more serious offense among the offenses committed. In this case, one of the additional penalties provided for by the articles on liability for any of the committed offenses may be added to the main fine.
In accordance with clauses 9, 12 of the Regulations on TCCs and SPs, approved by Resolution No. 154 of the Cabinet of Ministers of Ukraine dated February 23, 2022, during mobilization and/or during martial law, TCCs and SPs consider cases of administrative offenses around the clock.
It is recommended to bring to administrative responsibility citizens aged 18 to 25 who did not enter the military register of conscripts, as well as conscripts (reservists) who were removed from the military register at their previous place of residence and did not enter the military register of conscripts (reservists) ) at the new place of residence. In accordance with subparagraph 1 of paragraph 2 of Section II of the Final and Transitional Provisions of the Law of Ukraine No. 3633-IX dated 11.04.2024 "On Amendments to Certain Legislative Acts of Ukraine Regarding Certain Issues of Military Service, Mobilization, and Military Registration" (hereinafter Law No. 3633- IX).
Failure to arrive within seven days from the day of arrival at the new place of residence to the relevant district (city) TCC and SP for military registration.
It is recommended to bring citizens to administrative responsibility, taking into account the personal reasons for citizens' untimely arrival at the TCC 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 conscripted citizens who were forced to leave their places of residence and temporarily occupied territories, territories of active hostilities and independently arrived at the TCC and SP for military registration.
Non-arrival within seven days from the date of registration of an internally displaced person (in the case of leaving his place of residence) to the relevant district (city) TCC and SP for military registration
It is recommended to bring citizens to administrative responsibility, taking into account the personal reasons for citizens' untimely arrival at the TCC 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 conscripted citizens who are registered as internally displaced persons, who were forced to leave their places of residence and temporarily occupied territories, territories of active hostilities and independently arrived at the TCC and SP for military registration.
Bringing to administrative responsibility under Article 211 of the Code of Administrative Offenses.
In case of damage or careless loss of a military registration document, a conscript (reservist) may be held administratively liable on the basis of Article 211 of the Criminal Procedure Code.
The specified rule applies exclusively in case of damage or loss of the following military registration documents: military ID card of private, non-commissioned and non-commissioned officers; reserve officer's military ticket; temporary certificate of conscript; military registration document on a form.
In case of careless loss or damage by a conscript, conscript or reservist of a military registration document and an application to the TCC and SP for its restoration on a form, provided that the conscript, conscript or reservist has a military registration document in electronic form, he shall go to the administrative no liability is incurred.
