Updates in military and mobilization legislation of Ukraine (25.07.24)

Below, you will learn about:

• Launch of electronic booking of employees via the "Diia" portal;
• New categories have been added to the list of critical companies in the information area for booking;
• Procedure of delivery of summons generated automatically through the State register has been defined;
• Amendments for sending summonses via post are in force;
• Government has updated the procedure for booking of employees;
• Amendments to the design of military identification documents have been introduced;
• Government has approved the form of service certificate of persons authorized to deliver summonses.
        

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Launch of electronic booking of employees via the "Diia" portal 

Starting from July 18, heads of companies that are critical for the functioning of the economy and ensuring the livelihoods of the population may submit lists of employees who are conscripts for booking online using an electronic signature.

Advantages of electronic booking via the "Diia" portal:

• Accelerated process: submission and consideration of booking lists and other required documents take about an hour in total.
• Elimination of human error: minimization of mistakes due to automatic verifications.
• Real-time tracking of the status of booking lists and other required documents consideration and find out the reasons for refusal for each employee immediately after consideration.
• Automatic update of booking status in the "Reserv+" application for employees.
• Option to download and print booking certificates.

Key aspects:

• The process of submitting booking lists and other required documents includes automatic verification of the military identification records of the employee in the Unified state register of recruits, conscripts and reservists (hereinafter – the Register), as well as verification of official employment.
• After submission of booking lists and other required documents, the head promptly receives a notification in the company account on the "Diia" portal about the results of consideration:
  • in case of a positive decision, the head receives the notification in the company account on the "Diia" portal, and booking details are automatically updated in the "Reserv+" application;
  • in case of a negative decision, the head also receives the notification on the "Diia" portal with the reasons.

It is important to note that, if desired or in case of technical impossibility of booking through the "Diia" portal, booking lists and other required documents may be submitted following the standard procedure through the specialized ministry or other state authority in paper form or by sending an e-mail. 

The clients of Forvis Mazars have already started to actively use the electronic booking via the "Diia" portal, including with the support of the legal team of Forvis Mazars. Accordingly, if it is necessary, Forvis Mazars may help to orientate in the new procedure, provide step-by-step instructions, assist in solving problematic issues, and provide online support for submitting booking lists and other required documents via the "Diia" portal.

^{Source: Government Resolution No. 650 dated 05.06.2024.}

New categories have been added to the list of critical companies in the information area for booking

The Ministry of Culture and Information Policy of Ukraine amended the Criteria for determining companies of significant importance to the national economy in the information area, approved by the order of the Ministry of Culture and Information Policy of Ukraine dated March 10, 2023, No. 106. 

Key aspects:

The following companies have been added to the list of those that are significantly important for the national economy in the information sector:

• foreign media representative offices;
• companies registered in the State register of publishers, producers, and distributors of publishing products, and which ensure the production of school textbooks funded by the state budget.

^{Source: Order of the Ministry of Culture and Information Policy of Ukraine dated June 19, 2024, No. 435.}

Procedure of delivery of summons generated automatically through the State register has been defined

The Procedure for calling citizens for military service during mobilization, in a special period, approved by Government Resolution No. 560 dated 16.05.2024, has been amended.

Key aspects:

• The summons is formed using the Register, or the summons form is filled in by the authorized representative of the Territorial Center for Recruitment and Social Support (hereinafter – the military authority). 
• The head of the military authority or the authorized representative affixes a qualified electronic signature (hereinafter – QES) to the summons or personally signs the summons and affixes the official seal.
• Summonses, including the summons number, generated using the Register, after being signed by the QES, may be:
  • centrally printed* along with an inventory description and sent to conscripts and reservists via registered postal mail with an inventory description and delivery notification; 
  • handed to conscripts and reservists during notification. 

*Note: centralized printing of summonses is carried out by the Ministry of Defense of Ukraine or state companies based on relevant agreements between the Ministry of Defense, the designated postal operator, and/or state companies.

The summons is sent to the addressee within 48 hours after being signed. Consequently, the date of appearance by summons is set to be no earlier than 14 days from the date the summons is sent via registered postal mail with an inventory description and delivery notification.

^{Source: Government Resolution No. 807 dated July 9, 2024, "On Amendments to the Procedure for Calling Citizens for Military Service during Mobilization, in a Special Period".}

Amendments for sending summonses via post are in force

On June 29, 2024, a Government Resolution came into force, introducing a new procedure for sending summonses and other documents to recruits, conscripts and reservists.

Key aspects:

• Above-mentioned Resolution specifies that a summons or any notification document may be sent via registered postal mail with an inventory description and delivery notification.

^{Source: Government Resolution No. 747 dated June 25, 2024, "On Amendments Regarding Certain Issues of Notification of Conscripts, Military Liable Citizens, and Reservists to Some Government Resolutions".}

Government has updated the procedure for booking of employees

On June 8, 2024, Government Resolution No. 560 on the Procedure for Booking Military Liable during Martial Law through the Unified state web portal of electronic services came into effect, which, in addition to introducing electronic booking through the "Diia" portal, also introduced other amendments to Resolution No. 76 dated 27.01.2023.

Key aspects:

• Ability of booking up to 100% of employees in the defense industry and energy sector.
• Extension of the booking period from 6 to 12 months for employees of companies that are critical for the functioning of the economy and ensuring the livelihoods of the population.
• Ability to book employees regardless of military rank, age, or military specialty.
• Ability to book 100% of ultimate beneficiaries.

^{Sources: Government Resolution No. 650 dated June 5, 2024, "Certain Issues of Booking Military Liable during Martial Law", Government Resolution No. 76 dated January 27, 2023, "Certain Issues of Implementing the Provisions of the Law of Ukraine "On Mobilization Preparation and Mobilization" Regarding Booking Military Liable during the Period of Mobilization and Martial Law".}

Amendments to the design of military identification documents have been introduced

On June 18, 2024, Government Resolution No. 721 came into effect, amending the Procedure for the design (creation) and issuance of a military identification document for recruits, conscripts and reservists, and the form of a military identification document.

Key aspects:

• Electronic military identification documents may be generated in electronic form by the following means:
  • account of the recruits, conscripts and reservists, in particular, using a mobile application.
  • State Web Portal of Electronic Public Services in the field of national security and defense, including at Administrative Services Centers (hereinafter – the ASC).
  • "Diia" portal, in particular, using the mobile application of the "Diia" portal.
• The electronic military identification document holds the same legal validity as its paper counterpart.
• Military identification documents issued before May 18, 2024, remain valid nationwide until issuance of the new-format military identification document.
• The electronic military identification document can be formed/received provided all necessary information about the recruits, conscripts and reservists is in the Register.
• The validity period of an electronic military identification document is 1 year from the date it is formed / received.

Note that from June 18, 2024, it is possible to form an electronic military identification document with a QR code via the "Reserv+" mobile application, and from June 25, 2024, to receive such a document with a QR code at any ASC.

According to the Law of Ukraine "On Amendments to Certain Legislative Acts of Ukraine on Certain Issues of Military Service, Mobilization and Military Registration" (No. 10449  dated 18.05.2024), all military liable individuals should carry their military identification document, and failure to do so may result in administrative detention and/or administrative penalties in the form of fines.

Therefore, in case of loss of the paper military identification document, it can be formed using the "Reserv+" application or received at the ASC, provided that all necessary data is available in the Register.

^{Sources: Government Resolution No. 721 dated June 18, 2024, "On Amendments to the Procedure for the Design (Creation) and Issuance of Military Identification Document for Conscripts, Military Liable, and Reservists", Law of Ukraine "On Amendments to Certain Legislative Acts of Ukraine Regarding Certain Issues of Military Service, Mobilization, and Military Registration" dated January 30, 2024, No. 10449".}

Government has approved the form of service certificate of persons authorized to deliver summonses

As of June 29, 2024, Government Resolution No. 748 has come into effect, amending the Procedure for conscripting citizens into military service during mobilization, for special periods from May 16, 2024, and which defines the form of service certificate, which the relevant representative is obliged to present during the delivery of the summons.

Key aspects:

• Annex 1 of the Procedure approves the form of service certificate for individuals authorized to deliver the summons.
• The service certificate for individuals authorized to deliver summons is issued based on an order from the relevant head of the subject authorized to deliver summonses* by the head of the regional, Kyiv and Sevastopol city, district state administration (military administration), and is certified by their personal signature and the official seal.
• The certificate is valid within the administrative-territorial unit under the jurisdiction of the relevant state administration (military administration) whose head issued the certificate. It is valid when presented with a Ukrainian citizen’s passport (officer’s identification document, military identification document).

Note that the representative of the TCRSS is not required to present the service identification unless requested it.

*Among such subjects are: military authorities, units of intelligence agencies, the Central Directorate or regional units of the Security Service of Ukraine, structural units of district and city state administrations (military administrations), executive bodies of village, town, city, district councils in cities (if established), and enterprises (institutions, organizations).

^{Source: Government Resolution No. 748 dated June 18, 2024, "On Amendments to the Procedure for conscripting citizens into military service during mobilization, for special periods".}