How the military registration and enlistment office notifies organizations about the inspection. Military registration: what military registration and enlistment offices check

Questions regarding the annual reconciliation of military registration information contained in the organization’s personal cards with information contained in documents military registration local government bodies.

What is the procedure for conducting this reconciliation?

How should local governments notify the organization about this reconciliation (letter, order?) and should they notify us at all? What should be indicated in this letter? What documents should the local government employee conducting this reconciliation provide?

What documents DO WE MUST provide to the representative, except for personal cards of those liable for military service? Can we refuse to provide any other documents related to the organization of military registration, except for personal cards?

In what form is the reconciliation carried out: do they come to our organization or do we have to take our personal cards to them? etc. and so on.

What regulatory documents are there on this issue (specifically on the form and procedure for reconciliation)?

Answer

In order to update the information contained in the personal cards of those liable for military service and conscripts, as well as in the military registration documents of military commissariats, it is necessary, among other things, to verify at least once a year the information on military registration contained in the personal cards with the information contained in the documents military registration of the relevant military commissariats and (or) local government bodies (paragraph "d" clause 32 of the Regulations on military registration, approved by Decree of the Government of the Russian Federation of November 27, 2006 N 719, paragraph "d" clause 29 of the Methodological recommendations for maintaining military registration in organizations, approved by the General Staff of the Armed Forces of the Russian Federation on April 11, 2008). The reconciliation procedure is given in Appendix No. 12 to the Methodological Recommendations.

On the question: What is the procedure for conducting this reconciliation?

The reconciliation procedure is given in Appendix No. 12 to the Methodological Recommendations (#/document/99/902153349/XA00M7M2N8/?step=4).

On questions: How should local governments notify the organization about this reconciliation (letter, order?) and should they notify us at all? What should be included in this letter? What documents must be provided by the local government employee conducting this reconciliation?

The date and time of reconciliation are established by the military commissariat (in settlements (urban districts) where there are no military commissariats - the local government body), operating in the territory within which the organization is located (clause 2 of Appendix No. 12 to the Methodological Recommendations).

In order to ensure the completeness and quality of military registration of conscripts and those liable for military service in the reserve, from among those working (studying) in organizations (educational institutions), and the reservation of citizens in the reserve, throughout the entire calendar year, organizations develop a work plan for the implementation of military registration and reservation of citizens who are in reserve (according to Appendix No. 17 to these Methodological Recommendations), and coordinate it with the military commissariat of the municipality. This plan also provides for the reconciliation under consideration. Yes, agreeing this plan, organizations are set a date and time for reconciliation.

Regarding questions: What documents DO WE MUST provide to the representative, except for personal cards of those liable for military service? Can we refuse to provide any other documents related to the organization of military registration, except for personal cards?

During the reconciliation, the information specified in section II “Information on military registration” of the personal card is clarified, as well as the following data of citizens:

last name, first name and patronymic;

Date of Birth;

Place of Birth;

education;

position (profession);

marital status and family composition;

health status;

basic anthropometric data;

undergoing military training;

address of place of residence (stay), contact phone numbers.

Before the reconciliation begins, the specified data is clarified using military registration documents of citizens, relevant documents of the organization and in personal communication with citizens (clause 2 of Appendix No. 12 to the Methodological Recommendations).

Thus, for reconciliation purposes, only personal cards of employees are needed.

On the question: In what form is the reconciliation carried out: do they come to our organization or do we have to take our personal cards to them?

The form of reconciliation is not established by law, and therefore we recommend that you clarify this issue directly with the local government authorities that are authorized to conduct such reconciliation in your organization. As a rule, reconciliation is carried out in local governments.

On the question: What regulatory documents are there on this issue (specifically on the form and procedure for reconciliation)?

As already mentioned above, the reconciliation procedure is given in Appendix No. 12 to the Methodological Recommendations.

Details in the System materials:

1. Situation: What are the responsibilities of an employee maintaining military records in an organization

The responsibilities of the person responsible for military registration in the organization, in particular, include:

1. Check the availability of military registration documents when hiring employees. In particular, the presence of marks in the passport about the relationship with military duty, the authenticity of military registration documents, as well as records in them about military registration at the place of residence or stay.

2. Maintain military records of employees. Namely, enter data from employee military registration documents into.

3. Notify employees of their responsibilities for military registration. In particular, inform them about calls to the military registration and enlistment office, explain the procedure for mobilization preparation, serve summonses, and also inform them about responsibility for failure to fulfill these duties.

4. Inform military registration and enlistment offices about violations of military registration: failure of employees to fulfill military registration duties, identification of errors in military registration documents or their falsification.

5. Report on the maintenance of military records to military registration and enlistment offices (at the location of the organization) or local government bodies.
Submit there:

Ivan Shklovets,

Deputy Head of the Federal Service for Labor and Employment

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Currently, many organizations ignore the requirement to maintain military records, since the fines for failure to comply with this obligation are insignificant. Some fulfill military registration requirements only partially, for example, they only collect Required documents and store them without providing any information to the military department. However, in both the first and second cases, you may face the risk of administrative sanctions, since the legislation directly provides for the employer’s obligation to maintain military records.

DO YOU KEEP MILITARY RECORD?

The fact that military registration is mandatory is established in the following regulations:

Art. 8 of the Federal Law of May 31, 1996 No. 61-FZ “On Defense” (as amended on July 3, 2016; hereinafter referred to as Federal Law No. 61-FZ);

Art. 9 of the Federal Law of February 26, 1997 No. 31-FZ “On mobilization preparation and mobilization in Russian Federation"(as amended on February 22, 2017; hereinafter referred to as Federal Law No. 31-FZ);

Art. 4 of the Federal Law of March 28, 1998 No. 53-FZ “On Military Duty and military service"(hereinafter referred to as Federal Law No. 53-FZ);

Clause 1 of the Regulations on military registration (approved by Decree of the Government of the Russian Federation of November 27, 2006 No. 719, as amended on December 29, 2016; hereinafter referred to as the Regulations);

Responsibility for lack of military registration

Administrative liability may arise for shortcomings in maintaining military records.

So, according to Part 3 of Art. 21.4 of the Code of Administrative Offenses of the Russian Federation, the fine for failure by a manager or other responsible person to report to the military commissariat information about citizens liable for military service hired or dismissed from work ranges from 300 to 1000 rubles.

Companies do not take such a fine seriously, so they prefer not to keep military records at all or to keep them partially (for example, only filling out the section on military records in personal cards).

However, if the organization receives a request from the military registration and enlistment office to submit documents in accordance with the law, military records will have to be maintained. If the demands of the military registration and enlistment office are ignored, other penalties will follow:

Fine from 2000 to 4000 rubles. against officials for disobedience to a lawful order or requirement of an official of a body exercising state supervision (control) (Article 19.4 of the Code of Administrative Offenses of the Russian Federation);

Fine from 3000 to 5000 per company and from 300 to 500 rubles. against officials for failure to provide or untimely provision of information (information) provided for by law to a state body (Article 19.7 of the Code of Administrative Offenses of the Russian Federation);

Fine from 10,000 to 20,000 rubles. per company and from 1000 to 2000 rubles. or disqualification for a period of up to three years on officials for failure to comply within the prescribed period with a legal order of the body exercising state supervision (Article 19.5 of the Code of Administrative Offenses of the Russian Federation).

It should be noted that in paragraph 6 of Art. 1, art. 3, paragraph 6, 7 art. 8 of Federal Law No. 53-FZ, subp. “a” and “b” clause 32 of the Regulations there is no mention that individual entrepreneurs are required to provide such information about citizens hired. Therefore, the risk of holding an individual entrepreneur liable for lack of military registration is minimal.

Who is subject to military registration?

According to clause 14 of the Regulations, citizens of the Russian Federation are subject to military registration:

Men from 18 to 27 years old who are not in the reserves (conscripts);

Citizens who are in the reserve (liable for military service), including those who have not completed military service due to exemption from conscription or who have completed alternative civilian service.

Not subject to military registration, according to paragraph 1 of Art. 8, paragraph 4 art. 23Federal Law No. 53-FZ, the following citizens:

Those exempted from military service (due to being declared unfit for military service for health reasons);

Those undergoing military service;

Those serving a sentence of imprisonment;

Women who do not have a military specialty;

Permanently residing outside the Russian Federation.

Let's consider a situation in which maintaining military records has become a pressing issue for an organization in connection with an appeal from the military registration and enlistment office: it is necessary to draw up documents in such a way as not to cause criticism, let alone fines, from the military department.

STEP 1. EMPLOYEE PRESENTS DOCUMENTS

Persons liable for military service and persons subject to conscription for military service, when concluding an employment contract, provide the employer with military registration documents (Article 65 of the Labor Code of the Russian Federation).

These documents are needed for the employer to fulfill the obligation to maintain military records. Without them, the personnel service will not be able to fill out section II of the personal card (unified form No. T-2 or No. T-2 GS (MS)), and therefore will not comply with the requirements of the law.

According to clauses 27-30 of the Regulations, military registration of citizens is carried out using personal cards of employees, which are filled out on the basis of military registration documents:

Certificates of a citizen subject to conscription for military service - for conscripts;

Military ID (temporary certificate issued in place of a military ID) - for those liable for military service.

In practice, the HR department makes copies of them and stores them in the employees’ personal files. Moreover, you should not only make copies of the first spread of documents (as some organizations mistakenly do), but also copy all completed pages. The information necessary for accounting is available in all parts of the military ID.

Sometimes upon hiring it turns out that the employee’s military registration documents are not in order:

Lost or damaged military ID;

There is no mark on registration with the military registration and enlistment office at the place of registration;

There is a certificate of being subject to conscription, while the employee’s age exceeds 27 years;

A conscript with a certificate does not have a deferment from conscription.

In this case, the organization may have problems maintaining military records and checking the military registration and enlistment office, so you should be persistent in requesting military registration documents from employees.

You could, for example, give the employee a notice reminding him of his responsibilities regarding military registration (example 1). The form of such notification is not provided for by law.

STEP 2. FILL OUT YOUR PERSONAL EMPLOYEE CARD

Based on the information from military registration documents, it is necessary to fill out section II of the personal card of each employee liable for military service.

We recommend filling out the personal cards of those liable for military service in a timely manner, since the personnel service will be able to issue other organizational documents promptly, and making entries on all personal cards at once is a lengthy and labor-intensive undertaking.

The main document regulating the procedure for organizing and maintaining military records is the Methodological Recommendations. This is what military registration and enlistment office officials are guided by when making inquiries and checking the maintenance of military records.

The procedure for maintaining and storing personal cards of citizens registered with the military is given in Appendix No. 7 to the Methodological Recommendations. Please note that the requirements vary:

For reserve officers;

Soldiers, sailors, sergeants, foremen, warrant officers and midshipmen of the reserve;

Citizens subject to conscription for military service.

The items on the personal card are filled out based on the information contained in the military ID.

An option for filling out section II of a personal card is shown in example 2.

Accounting and storage of personal cards

Organizations often incorrectly store personal cards of those liable for military service. The procedure for storing these cards is defined in Appendix No. 7 to the Methodological Recommendations.

Personal cards must be stored in a locked cabinet in the following order (file cabinet):

Section 1 - personal cards for reserve officers;

Section 2 - personal cards for soldiers, sailors, sergeants, foremen, warrant officers and midshipmen of the reserve;

Section 3 - personal cards for female reservists;

Section 4 - personal cards for conscripts.

As a rule, military registration and enlistment offices are asked to keep a log of personal cards, against which their availability is verified during checks.

There is no special form for the magazine, but military registration and enlistment offices recommend a form, a sample of which is given in example 3.

The company employs military personnel. Does the district military registration and enlistment office (hereinafter referred to as RVK) have the right to check how military registration is maintained at an enterprise? Can they come with an inspection or ask to see any documents?

RVC has the right to come to enterprises for inspection. However There is a moratorium on inspections in 2017, established by Law of November 3, 2016 No. 1728-VIII. Military registration and enlistment offices were not included in the list of exceptions, when the law does not apply to certain government bodies. You can read more about the moratorium in the article “”. Therefore, now RVC representatives do not have the right to inspect the enterprise.

How do RVC employees conduct inspections in principle?

There are two regulations that guide inspectors:

• Regulations on military commissariats, approved by Resolution of the Cabinet of Ministers of Ukraine dated 06/03/13 No. 389 (it is stated that the military commissariat has the right to monitor compliance with the requirements of legislation on defense issues);
• The procedure for organizing and maintaining military records of conscripts and those liable for military service, approved by Resolution of the Cabinet of Ministers of December 7, 2016 No. 921 (hereinafter referred to as Procedure No. 921). In particular, it has been established that district (city) military registration and enlistment offices can conduct inspections of enterprises based on plans approved by the relevant district state administration or city council(Clause 78 of Order No. 921).

Authorized persons of the military registration and enlistment office have the right to check the correctness of military registration by enterprises. Military registration and enlistment office employees must confirm their credentials an order to perform a task in the form of Appendix 29 to Order No. 921. The order is signed by the military commissar and approved by the seal of the military registration and enlistment office. The head of the enterprise has the right to check the availability of instructions and certificates from the inspectors and only after that allow them to be inspected (clauses 82, 83 of Procedure No. 921).

The inspection is carried out by a commission. The chairman of the commission, before the start of the inspection, notifies the heads of enterprises about the work plan, and after the inspection, notifies them of the identified violations (clause 84 of Procedure No. 921). The result of the check is presented in the form act.

The enterprise is obliged to eliminate the violations identified by the inspection. The enterprise must notify RVC about what measures have been taken to eliminate violations within the period specified in the inspection report (clause 85 of Procedure No. 921).

Comprehensive list of questions and documents, which are subject to verification of the organization and maintenance of military records at the enterprise, are given in clause 5 of Appendix 27 to Procedure No. 921. For example, representatives of RVC may require that an order be submitted to them for verification on the appointment of persons responsible for maintaining military records at the enterprise, their job descriptions, staffing schedules, orders for the admission and dismissal of conscripts and those liable for military service, etc.

Can RVC request any documents from the enterprise?

Law No. 1728 established a moratorium on inspections, but RVC has the right to request documents during this period.

In turn, enterprises are required to submit to RVC information necessary for carrying out mobilization activities(paragraph fourteen of part 1 of article 21 of the Law of October 21, 1993 No. 3543-XII “On mobilization preparation and mobilization”, hereinafter referred to as Law No. 3543). In particular (part 3 of article 3 of Law No. 3543), data:

• on the preparation and maintenance in proper condition of equipment and facilities that, in the event of mobilization, are intended for transfer to the Armed Forces of Ukraine and other paramilitary forces;
• maintaining military records of those liable for military service and conscripts.

The Law does not say anything about the deadline for submitting such information, that is, the deadline must be indicated in the request itself.

In addition, a special period is currently in effect. Therefore, enterprises are obliged independently twice a year(until June 20 and until December 20) submit information on the availability and technical condition of vehicles, as well as data on employees who work on this transport (clause 14 of the Regulations on military transport duties, approved by Resolution of the Cabinet of Ministers of December 28, 2000 No. 1921, hereinafter referred to as Regulation No. 1921).

Can the military registration and enlistment office impose a fine on a company?

Managers and other officials of the enterprise, as well as persons responsible for maintaining military records at the enterprise, may be held administratively liable for the following types of violations:

• By Art. 211 2 KUoAP– if the enterprise does not promptly submit lists of conscripts to the relevant military registration and enlistment offices (lists of citizens subject to registration at conscription stations must be submitted by the personnel departments of enterprises, institutions, organizations, regardless of subordination and form of ownership, every year within the time limits established by the Ministry of Defense);
• By Art. 211 3 KUoAP– if the enterprise employs (study) persons liable for military service and conscripts who are not registered with the military at their place of residence;
• By Art. 211 4 KUoAP– if the enterprise does not notify those liable for military service and conscripts that they are being called by military registration and enlistment offices, or prevents them from timely reporting to collection points or recruiting stations.

For all of the above violations, the same liability is provided - a fine of from 1 to 3 NMDG(from 17 to 51 UAH), and for repeated violation - from 3 to 7 NMDG (from 51 to 119 UAH).

For failure to provide information on the availability and technical condition of vehicles, as well as data of employees who work on this transport, liability is provided in accordance with Art. 210 1 KUoAP– for violation of the legislation on defense, mobilization preparation and mobilization. The fine for such a violation is from 30 to 100 NMDG(from 510 to 1,700 UAH).

At the same time, military registration and enlistment offices not only consider cases of the above violations, but also impose administrative penalties(Article 235 of the Code of Administrative Offenses).

“Military registration in the organization - step-by-step instruction 2019” - this is exactly what the internal document of a company that employs citizens liable for military service should be called. And since the vast majority of such companies today belong to them, the issue of maintaining military records is of high importance for them. How exactly should an organization keep military records, what procedures should it follow, and what else is important not to forget in 2019? This article is devoted to these issues.

Organization of military registration and its purpose

Military registration is a system of techniques and methods that ensures the registration of all persons of military age in a single database, the reflection in it of basic information about each such person, as well as the subsequent updating of this information. The military registration system allows the competent authorities to monitor how timely each person liable for military service fulfills his military duty, and to track cases of illegal evasion.

The main regulatory acts that regulate the process of military registration are the Law “On Military Duty and Military Service” dated March 28, 1998 No. 53-FZ and the regulations on military registration approved by Decree of the Government of the Russian Federation dated November 27, 2006 No. 719.

What exactly is military registration for, what is its purpose? The answer to this question can be found in regulation No. 719, in paragraph 2 of which the purpose of military registration is formulated approximately as follows:

• during periods when the situation in the country is calm, the main task of military registration is to ensure that each conscript fulfills his military duty, that is, to promptly monitor the army’s staffing level and prevent illegal evasion from service;
• if a military conflict occurs or a real threat to the country’s security arises, then, using the military registration mechanism, the authorized bodies must promptly mobilize those liable for military service, as well as ensure the need of government agencies for labor resources.

IMPORTANT! The need for labor resources is ensured by attaching citizens liable for military service who are in the reserves to certain government agencies, so that during mobilization they are not sent to the place of hostilities, but perform certain labor functions in such government structures.

In order for military registration to serve its purpose, as stated above, the state must have up-to-date information about each conscript. For this purpose, special responsible bodies (military commissariats) are obliged to ensure that all potential conscripts (men aged 18-27 years) and those liable for military service (reservists; persons who have a deferment until they reach the age of 27; women who have received military specialties, as well as some other persons listed in clause 14 of regulation No. 719).

To do this, the legislator obliged all males in the year in which they turn 17 years old to appear on a summons at the military registration and enlistment office and undergo the initial military registration procedure, during which a special commission will determine whether the conscript is fit for military service and to what extent ( without restrictions or limited suitability).

ATTENTION! The initial military registration is carried out from January 1 to March 31 of the year in which the conscript turns 17 years old (Clause 1, Article 9 of Law No. 53-FZ). This means that even conscripts who have not yet actually reached the age of 17 must appear at the military registration and enlistment office within the specified time frame if they have received a summons.

For more information about initial military registration, see the article “Initial registration of citizens for military registration”

Both large departments (Ministry of Defense, Ministry of Internal Affairs, Foreign Intelligence Service, FSB) and authorities of constituent entities of the Russian Federation and local governments, as well as organizations (clause 5 of Regulation No. 719) are responsible for the functioning of the military registration mechanism.

But who exactly carries out military registration for each person liable for military service? As mentioned above, these are military commissariats (or, if they are not in a certain territory, local government bodies). But not only. If a potential conscript works in any organization, then it is she who must maintain military records for him.

What does military registration mean in an organization and why is it needed, we will explain further.

Maintaining military records and reservations in an organization: general information

First of all, it is worth noting that military records should be kept not only for conscripts, but also for all those liable for military service who work/train in the organization. Law No. 53-FZ (clause 1, article 52) includes all persons in reserve as such:

• those who were discharged from the army into the reserve;
• persons who have a deferment or for some other reason did not have time to serve up to 27 years (including those exempted from service due to successful completion of the military department at the university);
• persons who served alternatively in civilian life;
• women with military specialties.

ATTENTION! If the company employs persons exempt from military service by law, or women who do not have a military specialty, then the employer does not need to keep military records for them.

For more information about who should keep military records in a company, see the article “What applies to mandatory personnel documentation?” .

The procedure and basic rules that companies must follow in this context are established in the Methodological Recommendations for maintaining military records in organizations approved by the General Staff of the RF Armed Forces on April 11, 2008.

So, in relation to the above persons, companies must carry out military registration. To do this, they, just like military registration and enlistment offices, collect, systematize and keep up to date information about the performance of military duty by employees liable for military service. In addition, an important goal of military registration in an organization is a correct analysis of how much the company will be provided with labor resources if a military conflict suddenly arises and the mobilization of the military-liable part of the population is announced.

Military registration in a company must be carried out by as many specialists as required by the norms of clause 12 of Regulation No. 719. So, for example, if the company employs less than 1,500 citizens liable for military service, then the registration is carried out by one specialist, and then part-time.

IMPORTANT! Moreover, if in a company two or more specialists must keep records of employees liable for military service, then the company should create a separate structural unit - a military registration desk (clause 13 of Regulation No. 719).

In order to document the maintenance of military registration in the company, an order should be issued on the organization of military registration, in which, signed by the manager, it is indicated which of the employees will carry out military registration.

ATTENTION! Candidates of specialists who will carry out military registration must be agreed upon with the military registration and enlistment office, which has jurisdiction over the territory where the company is located. In addition, companies must send there copies of orders on the appointment/dismissal of specialists from the position of maintaining military records (clause 22 of the Methodological Recommendations).

Instructions for maintaining military records in organizations

A specific list of functions assigned to employees involved in the registration of military personnel in the company must be enshrined in special instructions for maintaining military records.

Such instructions outline the requirements for an employee involved in recording military personnel: what legal norms he should know and what he should be guided by in his work. In addition, this document defines the main job responsibilities and the rights of the employee carrying out military registration in the company, as well as provisions regarding the measures of responsibility of such a specialist for violations that he may commit while maintaining records.

To correctly maintain military records, the company must draw up a plan for the relevant work for the year (which must also be agreed upon with the military registration and enlistment office). In such a plan, all deadlines for employee accounting activities should be indicated.

Military registration in the organization is carried out on the basis of the following documents (clause 25 of the Methodological Recommendations):

• registration certificate - for conscripts who have not yet served;
• military ID - for persons liable for military service in reserve.

Therefore, when hiring in 2019, the specialist responsible for accounting must check whether all the specified documents are in order: whether there are any inaccuracies, fake records, torn sheets, whether all the necessary marks are in place. And if not, inform the military registration and enlistment office.

So, during the year, a special employee in the organization must monitor the completeness and relevance of information about employees subject to military registration. For these purposes, such an employee creates a personal card for each employee liable for military service, which reflects all the information about him: marital status, position held in the organization, level of education, place of residence, etc. (clause 28 of the Methodological Recommendations).

For information on the form with which the employer carries out military registration of employees, see the article “Unified Form No. T-2 - form and sample of completion.”

If any employee receives a summons from the military registration and enlistment office, the company's military registration desk must notify him about this, and also ensure that he appears at the military registration and enlistment office in a timely manner. If a woman with a military specialty gets a job, the company must send her to the military registration and enlistment office for initial registration.

In addition, the company should explain to its employees exactly how they must fulfill their military duty in the event of mobilization, as well as what responsibility will arise if they do not do this.

An important function of specialists conducting military records in an organization is the reservation of workers, i.e., assigning the necessary specialists to the organization for the duration of a military conflict.

ATTENTION! As a rule, the booking tool is available only for strategically important enterprises, i.e. those carrying out military or government contracts, directly affecting the livelihoods of the population, etc. You can find out whether a company can book employees in the event of martial law being introduced at the military registration and enlistment office.

The company's military registration desk reports to the military registration and enlistment office. Therefore, the organization must send all information regarding:

• hiring (dismissal) of military personnel;
• changes in current information about such employees.

In addition, the company is required to annually notify the military registration and enlistment office of the number and composition of employees aged 15 and 16 years, as well as those who have just reached the age when initial military registration must be carried out.

At least once a year, the information from the organization’s military registration desk should be verified with the information available at the military registration and enlistment office. For these purposes, the company must maintain a special audit log.

As stated above, military registration in the company is organized from the moment the order is issued, signed by the head, on the organization of military registration of citizens, including the reservation of employees in the reserve.

You can download the form for such an order on our website.

This order must specify who exactly will carry out military registration in the company, as well as who will replace the main specialist during the period when he will be absent for some reason.

Responsibility for violation of the rules for maintaining military records in the company

Since maintaining military records in an organization is its duty, and not a right, then, accordingly, the legislator provides for penalties for failure to fulfill/incorrect performance of this duty. Responsibility comes in the form of fines, for example, for the following violations:

• failure to provide information about employees liable for military service, including potential conscripts, within the established time limits (Articles 21.1, 21.4 of the Code of Administrative Offenses of the Russian Federation);
• failure to provide assistance in the employee’s appearance on a summons to the military registration and enlistment office within the specified period (Article 21.2 of the Code of Administrative Offenses of the Russian Federation);
• failure to report changed information on citizens liable for military service, for example, if someone moved to live in another region, etc. (Article 21.3 of the Code of Administrative Offenses of the Russian Federation).

Results

Methodological recommendations for maintaining military records, as well as Regulation No. 719 and Law No. 53-FZ, require in 2019 that all organizations employing citizens liable for military service keep records of such workers. To do this, the company must allocate a special employee (or several specialists) and issue an appropriate order establishing his functions. The military registration itself in the company is expressed in maintaining up-to-date information about all employees liable for military service. For this purpose, the company creates special personal cards for each employee, the information in which should be periodically transferred to the military registration and enlistment office. In addition, if an organization is of strategic importance, it has the right to reserve some employees for the period of a possible military conflict; then such employees will not be drafted into the army, but will remain to work in the company. It is also important to remember that for violation of military registration rules in organizations, penalties are imposed on the employer.

Every enterprise has people liable for military service. The article will help you properly organize military registration. Read the proposed material that will help the employer organize military registration work.

In accordance with the Federal Law “On Defense” dated May 31, 1996 No. 61-FZ (clause 6, clause 1, article 8) All organizations, regardless of their form of ownership, must maintain military records. The process of military registration is regulated by Decree of the Government of the Russian Federation of November 27, 2006 No. 719 “On approval of the Regulations on military registration.”

You must report on the maintenance of military records to the military registration and enlistment offices at the location of the organization. This procedure follows from paragraphs 27, 30 and 32 of the Regulations, approved by Decree of the Government of the Russian Federation of November 27, 2006 No. 719.

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ORDER on the organization of military registration and reservation of citizens 2018 - 2019

Which employee should keep military records in the organization?

The head of the organization is responsible for the state of military registration in the organization (clause 6 of article 1 of the Law of March 28, 1998 No. 53-FZ, clause 9 of the Regulations approved by Decree of the Government of the Russian Federation of November 27, 2006 No. 719). He may appoint an employee responsible for military registration work. An order is issued for this purpose. The order must also indicate the employee who will replace the person responsible for military registration during his absence (for example, vacation or business trip). In case of temporary absence, the employee responsible for military registration must, according to the act, transfer documents for maintaining records to the second employee. This is stated in paragraph 22 of the Methodological Recommendations approved by the General Staff of the Armed Forces of the Russian Federation.

Is it possible to assign the responsibility for maintaining military records to an accountant?

Yes, you can. For this purpose, the obligation to maintain military records should be provided for in employment contract or job description accountant (paragraph 2, letter of Rostrud dated October 31, 2007 No. 4412-6). If the employee’s duties do not include maintaining military records, then such work can be assigned to an accountant by registering an internal job or part-time job.

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Who is subject to military registration

Employees subject to military registration, according to paragraph 14 of Resolution No. 719, include:

• conscripts;
• persons liable for military service.

How to determine that an employee whom an organization hires is subject to military registration

Attitude to military service can be determined by the passport of a citizen of the Russian Federation (clause 49 of Resolution No. 719). When hiring a new employee, you need to check his passport. If a citizen is subject to military registration, then there will be a stamp on the 13th page of the passport "Conscription"(clause 11 of the Description of the passport form, approved by Decree of the Government of the Russian Federation of July 8, 1997 No. 828).

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Which employees are not subject to military registration?

According to paragraph 15 of the Regulations approved by Decree of the Government of the Russian Federation of November 27, 2006 No. 719, the following employees are not subject to military registration:

• exempted from military service in accordance with Article 23 of Law No. 53-FZ of March 28, 1998 (for example, those declared unfit or partially fit for military service due to health reasons, who have completed military service in another state, etc.);
• undergoing military service or alternative civilian service;
• females who do not have a military specialty;
• permanently residing outside of Russia;
• having military ranks of officers and being in the reserves of the Russian Foreign Intelligence Service and the Russian FSB.

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Legislation on military registration at an enterprise

1. Labor Code of the Russian Federation ().
2. Federal Law of May 31, 1996 No. 61-FZ “On Defense” (Clause 6, Clause 1, Article 8).
3. Decree of the Government of the Russian Federation of November 27, 2006 No. 719 “On approval of the Regulations on military registration.”
4. Methodological recommendations for maintaining military records in organizations, approved. General Staff of the Armed Forces of the Russian Federation
5. Federal Law of March 28, 1998 No. 53-FZ “On Military Duty and Military Service.”
6. “Rules for maintaining the Unified State Register of Legal Entities and providing the information contained therein”, approved by Decree of the Government of the Russian Federation of June 19, 2002 No. 438 (clause 19).
7. Code of Administrative Offenses of the Russian Federation ().

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Military registration documents

Maintain military records based on military registration documents. Citizens must present them when applying for a job. If such documents are not presented, the organization itself is obliged to request information about the person’s status (clause 28 of the regulation, approved by Government Decree No. 719 of November 27, 2006, Part 1 of Article 65 of the Labor Code, decision Supreme Court dated November 19, 2009 No. GKPI 09-1351).

Military registration documents include:

• for conscripts - a certificate of a citizen subject to conscription for military service;
• for men liable for military service - military ID, military ID of a reserve officer, temporary certificate or temporary certificate of a reserve officer.

The forms of military registration documents are given in Appendix 9 to the Instructions, approved by Order of the Ministry of Defense dated July 18, 2014 No. 495.

Download an example of filling out form No. 18 “Organization registration card at the military registration and enlistment office” (.docx 17Kb)

Note: The form of registration card No. 18 and the deadline for submission should be clarified at the military commissariat at the place of registration of the organization, since there is no uniform procedure established at the federal level.

The fact that women belong to the category of citizens liable for military service is confirmed by a stamp in their passport. This follows from paragraphs 28 and 49 of the regulations approved by Government Decree No. 719 dated November 27, 2006.

Is it possible to refuse employment to a person who has not presented military registration documents?

No you can not. Citizens liable for military service or conscripts present military registration documents when applying for a job. If there are no documents, the organization itself is obliged to request information about the employee’s status for the purposes of military registration (Part 1 of Article 65 of the Labor Code, decision of the Supreme Court of November 19, 2009 No. GKPI 09-1351).

IN Labor Code There are no provisions prohibiting the employment of citizens without military registration documents. If you refuse to hire such an applicant, you will violate his labor rights (Articles 3 and 64 of the Labor Code).

If you hire an employee who has not presented military registration documents, notify the military registration and enlistment office. If the organization fails to fulfill this obligation, this may result in administrative liability (subparagraph “a”, paragraph 32 of the regulation, approved by Government Resolution No. 719 of November 27, 2006, Part 3 of Article 21.4 of the Administrative Code).

Notification of the military registration and enlistment office, organization and maintenance of military records?

How to report draft dodgers to the military registration and enlistment office

Since February 17, 2019, employers have new responsibilities provided for by Federal Law No. 8-FZ dated 02/06/19, which amended the law on conscription and military service. Now the heads (other responsible persons) of organizations must report to the military commissariats about employees who evade military registration, and also provide the “evaders” with directions to the military registration and enlistment offices. In what form should such directions be drawn up? The answer to this question is contained in the letter of the Russian Ministry of Defense dated 03/01/19 No. 315/4/1023.

Under the new rules, employers are required to:

• send within two weeks information about cases of identification of citizens who are not registered with the military, but are required to be so registered;
• provide these citizens with directions to military registration and enlistment offices for military registration.

The form of referral to the military commissariat for military registration was approved by a joint order of the Ministry of Defense, the Ministry of Internal Affairs and the Federal Migration Service of September 10, 2007 No. 366/789/197 (.rtf 287 Kb). There is also a form in which information about citizens who are not, but are required to be registered with the military, is indicated.

Notification of the military registration and enlistment office

The employer is obliged to notify the military commissariat and (or) local government authorities within two weeks about the hiring and dismissal of an employee who is subject to military registration (subparagraph “a”, paragraph 32 of the Regulations, approved by Decree of the Government of the Russian Federation of November 27, 2006 No. 719 ).

You can submit information using the form given in Appendix 9 to the Methodological Recommendations approved by the Russian Ministry of Defense on July 11, 2017.

If you do not provide such information, it will be imposed (Part 3 of Article 21.4 of the Code of Administrative Offenses of the Russian Federation).

Organization and maintenance of military records

Everything is described in great detail in the sources below.

• Source 1
• http://www.kadrovik....11687

The military registration and enlistment office can check the correctness of the organization of military registration

Military commissariats check the maintenance of military records in organizations. Such inspections are carried out once a year for organizations with more than 500 employees and at least once every three years for employers with fewer employees.

When conducting an inspection, military commissariats establish:

• complete coverage of citizens with military registration;
• quality of military registration;
• completeness and accuracy of the data contained in the personal cards of people subject to military registration;
• organizing and ensuring the fulfillment by citizens of military registration duties, fulfillment officials organizations legal requirements on military duty and military registration.

The results of inspections are communicated by the military registration and enlistment office to the heads of organizations and reflected in the logs of inspections of military registration, which are kept in military commissariats (local government bodies) and in organizations. The form of the magazine was approved by order of the Russian Ministry of Defense dated July 18, 2014 No. 495.

If serious shortcomings are identified in the maintenance of military records by organizations, military commissars report this to the military commissariats of the constituent entities of the Russian Federation and the higher authority to which the organization being inspected is subordinate (if any). In addition, if certain violations are identified in the field of military registration, the guilty employees of the organization may be brought to administrative responsibility under Articles 21.1–21.4 of the Code of the Russian Federation on Administrative Offenses.

Such rules are established by subparagraph 8 of paragraph 17 of the Regulations approved by Decree of the President of the Russian Federation dated December 7, 2012 No. 1609, paragraphs 3–9 of Appendix 2 to the Instructions approved by order of the Russian Ministry of Defense dated July 18, 2014 No. 495, and paragraph 1 of Article 26.1 of the Law dated December 26, 2008 No. 294-FZ.

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Does an entrepreneur need to keep military records for his employees?

An entrepreneur is not required to keep military records (subclause 6, clause 1, article 8 of the Law of May 31, 1996 No. 61-FZ, clause 7 of Article 8 of the Law of March 28, 1998 No. 53-FZ).

At the same time, he, like other employers, must request military registration documents from persons applying for work (Part 1, Part 3 of Article 11, Part 4 of Article 20 of the Labor Code of the Russian Federation).

However, liability for failure to report the hiring of employees without military documents is provided only for organizations (). Therefore, an entrepreneur can maintain military registration documents (for example, enter information about military registration in an employee’s personal card), but is not required to provide information about employees to the military registration and enlistment office. In addition, the entrepreneur does not have the right to refuse employment to an applicant who has not submitted the necessary documents on military registration.

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FINE for violating the procedure for maintaining military records

Note: clause 54 of the Regulations approved by Decree of the Government of the Russian Federation of November 27, 2006 No. 719

For failure to submit within the prescribed period to the military commissariat or other body carrying out military registration, lists of employees subject to initial military registration, a fine of 300 to 1000 rubles is imposed. ().

For failure to notify an employee of a summons from the military commissariat, as well as failure to ensure the possibility of timely attendance when summoned, a fine of 500 to 1000 rubles is provided. (Article 21.2 of the Code of Administrative Offenses of the Russian Federation).

Late submission of information about changes in the composition of permanently residing citizens or citizens staying for more than three months in a place of temporary residence, who are or are required to be registered with the military, is punishable by a fine in the amount of 300 to 1000 rubles. (Article 21.3 of the Code of Administrative Offenses of the Russian Federation).

For failure to report information about hired/dismissed employees who are or are required to be registered with the military, the organization will have to pay from 300 to 1000 rubles. (Article 21.4 of the Code of Administrative Offenses of the Russian Federation).

Employees may also be held liable for failure to fulfill military registration obligations. For example, the failure of a citizen who is or is required to be registered with the military to appear upon a call (summons) from the military commissariat at the established time and place without a valid reason shall entail a warning or the imposition of an administrative fine in the amount of 100 to 500 rubles. (Article 21.5 of the Code of Administrative Offenses of the Russian Federation). The same punishment threatens those who did not report a change in marital status, education, place of work, or position to the military registration and enlistment office or other body that carries out military registration at their place of residence within the prescribed period.

All violations in the field of military registration for which administrative liability has been established are not considered to be ongoing. The period for holding them accountable does not exceed two months from the date of commission (Part 1 of Article 4.5 of the Code of Administrative Offenses of the Russian Federation).

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