Organizations, regardless of their form of ownership, must keep military records of their employees. The purpose of military registration is to ensure in peacetime the full and high-quality staffing of the Armed Forces of the Russian Federation, other troops, military formations and bodies, and during periods of mobilization, martial law and in wartime, also ensuring the needs for human resources of state authorities, local government and organizations (clause 6, clause 1, article 8 of the Federal Law of May 31, 1996 No. 61-FZ, clause 2 of the Regulations Let us present step-by-step instructions for military registration in an organization 2020. Recall that for conducting military registration in an organization, Methodological recommendations that are relevant and for 2020, were approved by the General Staff of the Armed Forces of the Russian Federation on 07/11/2017.
Step 1: appoint responsible persons
Who is responsible for military registration in organizations and who maintains it? Speaking about the organization of military registration in the company (step by step instructions), one should begin with the fact that it is necessary to determine those responsible for maintaining such records. The head of the organization is responsible for the state of military registration in the organization (clause 9 of the Regulations, approved by Government Decree No. 719 of November 27, 2006). And the person appointed by the head of the organization on the basis of an order is directly involved in maintaining military records. Of course, the obligation to maintain military records should be provided for in the official duties such an employee.
The number of employees appointed responsible for maintaining military records in an organization depends on the number of employees on military records. To determine how many employees need to be allocated for military registration, it is necessary to establish the total number of citizens who are registered with the organization as of December 31 of the previous year (clause 13 of the Regulation, approved by Government Decree of November 27, 2006 No. 719). In this case, the following standards are used (clause 12 of the Regulations, approved by Government Decree of November 27, 2006 No. 719).
If the organization has 2 or more employees who keep military records, they are combined into a separate unit, called the military registration table.
At the same time, the head of the organization must not only appoint employees to maintain military records, but also provide them with specially equipped rooms and iron cabinets that would ensure the safety of documents on military records (clause 21 of the Regulation, approved by Government Decree of November 27, 2006 No. 719) .
Step 2: determine the circle of workers subject to military registration
According to the rules for maintaining military records in organizations in 2020, the following employees are subject to military registration (clause 14 of the Regulations
- conscripts;
- conscripts.
| Conscripts | conscripts |
|---|---|
| Male citizens aged 18 to 27 who are required to be registered with the military and who are not in the reserve | Citizens in the reserve: - males in reserve; - Dismissed from military service with enrollment in the reserve of the Armed Forces of the Russian Federation; — successfully completed training at military departments at federal state educational organizations higher education under military training programs for reserve officers, military training programs for sergeants, foremen of the reserve or military training programs for soldiers, reserve sailors; - those who have not completed military service in connection with the exemption from conscription for military service; - those who have not completed military service in connection with the provision of deferrals from conscription for military service or who have not been called up for military service for any other reason, upon reaching the age of 27 years; - dismissed from military service without military registration and subsequently put on military registration in military commissariats; - completed alternative civilian service; - female, having military registration specialties in accordance with the Appendix to the Regulations, approved. Government Decree No. 719 dated November 27, 2006 |
And for which employees military records are not kept?
Military records in organizations are not kept in relation, in particular, to the following employees (clause 15 of the Regulation, approved by Government Decree No. 719 of November 27, 2006):
- exempted from military duty in accordance with the Federal Law of March 28, 1998 No. 53-FZ “On military duty and military service»;
- female workers who do not have a military registration specialty;
- permanently residing outside the Russian Federation;
- employees with military ranks of officers and who are in the reserve of the SVR or the FSB.
Step 3: we receive documents for maintaining military records from conscripts and those liable for military service
Military registration in organizations and filling out personal cards is carried out on the basis of the following documents (clause 25 of the Methodological Recommendations, approved by the General Staff of the Armed Forces of the Russian Federation on July 11, 2017).
Step 4: we develop and maintain military registration documents
What documents should the organization keep for military registration?
As part of maintaining military records, the organization develops (maintains) the following documents (clause 39 of the Methodological Recommendations, approved by the General Staff of the Armed Forces of the Russian Federation on July 11, 2017):
- an order on the organization of military registration of citizens, including the reservation of citizens who are in reserve;
- file cabinet of personal cards form No. T-2. In section 2 “Information on military registration” of the employee’s personal card in the form No. T-2 (approved by the Decree of the State Statistics Committee of 01/05/2004 No. 1), military registration of conscripts and those liable for military service is maintained;
- a log of checks on the implementation of military registration and booking of citizens staying in the reserve of the Armed Forces of the Russian Federation;
- receipts for the receipt of military registration documents from citizens;
- official office work (separate matter) on the issues of maintaining military records of citizens and booking citizens who are in reserve in the organization;
- other documents in accordance with the requirements established by the federal executive authorities, executive authorities of the constituent entities of the Russian Federation, local governments and heads of organizations;
- reference information on military registration, mobilization training and mobilization.
Samples of documents necessary for maintaining military records in an organization can be found, in particular, in the Methodological Recommendations for Maintaining Military Records in Organizations (approved by the General Staff of the Armed Forces of the Russian Federation on July 11, 2017). Among the samples of military registration documents in the organization in the specified Methodological recommendations, for example, are given:
- order on the organization of military registration of citizens, incl. reservations of citizens who are in reserve;
- employee's personal card (form No. T-2);
- a receipt on the receipt of documents of military registration of citizens;
- a work plan for maintaining military records and booking citizens in the reserve;
- a journal of checks on the implementation of military registration and booking of citizens who are in the reserve of the Armed Forces of the Russian Federation.
Step 5: we perform and control the fulfillment of military registration duties
The duties of managers, as well as other employees responsible for military registration work, are provided for by the Federal Law of March 28, 1998 No. 53-FZ, as well as the Regulation, approved. Decree of the Government of November 27, 2006 No. 719.
| Responsibility group | Types of duties |
|---|---|
| Obligations to ensure the registration of citizens for military registration at the place of work (clause 30 of the Regulations | - check with citizens of the Russian Federation who are hired, the presence of marks in their passports about their attitude to military duty, the presence and authenticity of military registration documents, as well as the authenticity of entries in them, marks on military registration at the place of residence or place of stay, the presence of mobilization prescriptions (for those liable for military service if there are marks on the receipt of a mobilization order on military tickets), tokens with personal numbers of the Armed Forces of the Russian Federation (for those liable for military service, if there is a mark on the receipt of the token on the military ticket); - fill out personal cards in accordance with the entries in the documents of military registration. At the same time, information on marital status, education, place of work (division of an organization), position, place of residence or place of stay of citizens, other information contained in the documents of citizens accepted for military registration is specified; - to explain to citizens the procedure for fulfilling their duties for military registration, mobilization training and mobilization established by the legislation of the Russian Federation, to control their fulfillment, and also to inform citizens about the responsibility for failure to fulfill these duties; - inform military commissariats about unspecified corrections, inaccuracies and fakes found in military registration documents, an incomplete number of sheets, as well as cases of non-fulfillment of duties by citizens in the field of military registration, mobilization training and mobilization |
| Responsibilities for the collection, storage and processing of information contained in the personal cards of citizens subject to military registration (clause 31 of the Regulation, approved by Government Decree No. 719 of November 27, 2006) | - to determine the citizens who are subject to military registration at the place of work and (or) at the place of residence, and take the necessary measures to put them on military registration; - maintain and store personal cards of citizens put on military records in the manner determined by the Ministry of Defense of the Russian Federation |
| Obligations to keep up to date the information contained in personal cards, as well as in military registration documents of military commissariats (clause 32 of the Regulation, approved by Government Decree of November 27, 2006 No. 719) | - send within 2 weeks to the relevant military commissariats and (or) local governments information about citizens subject to military registration and their acceptance or dismissal from work. If necessary, and for conscripts without fail, for the purpose of military registration at the place of residence or place of stay or clarification of the necessary information contained in military registration documents, notify citizens of the need to appear in person at the relevant military commissariats or local governments; - send, within 2 weeks, at the request of the relevant military commissariats and (or) local self-government bodies, the necessary information about citizens who are registered with the military, as well as about citizens who are not registered, but are obliged to be registered with the military; - submit annually, in September, to the relevant military commissariats lists of male citizens aged 15 and 16, and before November 1 - lists of male citizens subject to initial military registration next year; - check at least once a year the information on military registration contained in personal cards with the information contained in the documents of military registration of citizens; - verify at least once a year in the manner determined by the Ministry of Defense of the Russian Federation, information on military registration contained in personal cards with information contained in military registration documents of the relevant military commissariats and (or) local governments; - enter into personal cards information about changes in marital status, education, structural subdivision of the organization, position, place of residence or place of stay, health status of citizens registered in the military, and report these changes to the military commissariats within 2 weeks; - notify citizens of calls (summons) of the relevant military commissariats or local governments and provide them with the opportunity to timely appear at the places indicated by the military commissariats, including during periods of mobilization, martial law and wartime |
Responsibility for violations in the conduct of military records
The current legislation provides for administrative liability in the form of a fine for violating certain instructions for maintaining military records in organizations. It is imposed on the head or other official responsible for military registration work.
| Type of offense | The amount of the fine | Base |
|---|---|---|
| Failure to submit to set time to the military commissariat or to another body that carries out military registration, lists of citizens subject to initial military registration | from 300 to 1,000 rubles | Art. 21.1 Administrative Code of the Russian Federation |
| Failure to report to the military commissariat or to another body that carries out military registration, information about hired or dismissed citizens who are or are required to be, but are not registered in the military | Part 3 Art. 21.4 Administrative Code of the Russian Federation | |
| Failure to notify citizens of their summons on the agenda of the military commissariat or other body that carries out military registration, as well as the failure to provide citizens with the opportunity to appear on time when summoned on the agenda of the military commissariat or other body that carries out military registration | from 500 to 1,000 rubles |
"City of Belgorod" for booking citizens who are in reserve, based on the Methodological recommendations of the General Staff of the Armed Forces Russian Federation on the organization of military registration in organizations in order to streamline the work of military registration and booking of citizens who are in reserve, working in territorial bodies of federal executive bodies, in state bodies of the region, local governments and organizations (hereinafter referred to as organizations).
Employees of organizations responsible for the implementation of military registration and booking of citizens in the reserve should be guided by these recommendations when drawing up military registration documents.
All cases, books and registers must be recorded in the Nomenclature of cases (books, journals), which is signed by those responsible for military accounting work and approved by the head of the organization.
OPTION
NOMENCLATURE OF CASES (BOOKS, JOURNALS) ON MILITARY REGISTRATION
for 20____
Case Index (book, magazine) | Case name (book, magazine) |
cases (volumes, parts) |
storage of the case and article number according to List 1 | Note |
||
establishments | graduation |
|||||
Journal of checks on the implementation of military registration and booking of citizens in reserve | ||||||
Journal of registration of incoming documents for military registration | ||||||
Journal of outgoing documents on military registration | ||||||
Official office work on the issues of maintaining military records | ||||||
Journal of referral of citizens in the reserve to the departments of the VKBO in the absence of marks in the documents of military registration | ||||||
Journal of alerting citizens in reserve about calls to departments of the VKBO | ||||||
Book of registration of forms of special military registration | ||||||
Book of accounting for the transfer of forms of special military registration, military tickets and personal cards |
1Sm: Order of the Ministry of Culture of the Russian Federation of 01.01.2001 N 558 “On approval of the List of standard managerial archival documents generated in the course of activities government agencies, local governments and organizations, indicating the terms of storage.
Responsible for VUR: __________________________ ____________________
(signature) ()
All documents must be formed in separate folders and included in the internal inventory of folders. The numbering, name and contents of the folders are given in the table
|
folders | Folder name | Documents in the folder |
Military registration is a mandatory registration of all military personnel. Let's take a look at the steps to maintain military records in the organization.
Organization of military registration and its purpose
Maintaining such records is a mandatory and rather important point in the work of any legal entity. Art. 8 of the Federal Law No. 61-FZ of May 31, 1996. Maintaining paperwork for military service employees is regulated by Decree of the Government of the Russian Federation No. 719 dated November 27, 2006 (as amended on June 27, 2017). Military registration and enlistment offices regularly arrange record keeping checks, and fines are assigned for each identified item (Chapter 21 of the Code of Administrative Offenses of the Russian Federation).
The objectives of maintaining this type of accounting are formulated in clause 2 of Regulation No. 719:
- In calm periods of life, accounting is ensuring the fulfillment of military duty by every person who must fulfill it, to control that the ranks of the armed forces are filled with military personnel.
- But during the military situation, the registration of persons liable for military service is designed to help mobilize all the necessary people in a timely manner and fill state structures with the necessary working resource.
To comply with these goals, the state must have up-to-date information about conscripts, and the relevance of this information is precisely ensured by the employer by registering these persons.
The tasks of military registration are:
- observance by citizens of their military duties provided for by law, the inability to hide from the performance of public duty;
- correct documentation of accounting;
- analysis of the qualitative and quantitative composition of resources intended to protect the state and society.
The following categories of persons are subject to registration (clause 14 of Decree No. 719): men aged 18 to 27 who are required to be registered at the commissariats at the place of residence and are not in the reserve (conscripts), as well as citizens who are in the reserve ( conscripts).
TO latest law ranks women with military specialties, as well as men who:
- are in stock;
- dismissed from military service with enrollment in the reserve;
- completed training for reserve officers;
- did not complete military service for various reasons until the age of 27;
- completed alternative service.
There is no need to keep military records, for example, for employees released from military duties (limited fit, unfit, who served in another state), performing civilian alternative service, permanently residing outside the territory of the Russian Federation. Officers who are in the reserve of the SVR of Russia or the FSB of Russia, women, if they do not have a military specialty, are not subject to registration.
We have compiled step-by-step instructions for organizing military registration in an organization, it will help you understand the nuances of the procedure.
Who is in charge of military registration
The following persons are responsible for maintaining documentation on the registration of persons liable for military service at an enterprise of state or municipal ownership:
- Organization director.
- Head of Human Resources (or his deputy).
- Clerk, secretary.
The best way to keep records is to create a military registration desk (VOS), but in small organizations this is not realistic. It is created when an institution employs from 2,000 to 4,000 people who are subject to military registration. In this case, two people are allocated for this work. In small organizations, the responsibility is assigned to one of the employees of the personnel department.
Regardless of the presence of a military registration desk, those responsible for accounting perform the following tasks.
- They keep documentation of conscripts and those liable for military service from the personnel of the enterprise.
- Ensure that the personnel of the enterprise perform military duties prescribed by the laws of the Russian Federation.
- Documentation of information about conscription workers.
- Interact with departments of the commissariat, state and municipal authorities on various issues.
Military registration in the organization: step-by-step instructions for 2020
This instruction is intended to help in maintaining military records in an organization in 2020 for organizations with state or municipal ownership.
Step 1. Determine and appoint responsible persons.
Military registration and booking in the organization, as well as the appointment of persons responsible for the implementation of these procedures, is prescribed in the order of the director of the enterprise. The order is issued every year. The form of this paper is proposed in the "Methodological recommendations for maintaining military records in organizations" (Approved by the General Staff of the Armed Forces of the Russian Federation) dated 07/11/2017
Step 2. We develop a work plan for military registration and booking.
It includes the name of each activity, deadlines, responsible persons and performance notes. The marks are certified by the signature of the responsible person.
Step 3. Create a check log.
This binding document approved by law. It contains data on inspections in this area, detected violations and instructions to eliminate violations.
Step 4. We are developing a regulation on office work for military registration.
The document is intended to streamline the workflow in this area at a state or municipal enterprise. Sample structure provisions should include:
- General provisions (what the document is intended for, what items are present in it and what they regulate).
- Documentation requirements.
- Rules for preparing documents (indicate which papers must be certified by the signatures of responsible persons, whether it is possible to fill out forms by hand).
- Information about the person responsible for registration, maintenance and storage of papers for military service employees, as well as his functions.
- Rules and procedure for working with documents (when to draw up papers, when to transfer them to external authorities).
- The procedure for storing and transferring papers to the archive.
Step 5. We fill in the primary documents for employment.
When hiring employees state organization primary documents are filled in on them (Chapter II, clause 17 of Resolution No. 719):
- Registration cards (for conscripts).
- Registration and alphabetical cards (for ensigns, midshipmen, foremen, sergeants, soldiers and sailors of the reserve).
- Primary registration cards (for officers).
- Personal cards (T-2 form) containing general information, information about military registration, employment and transfers, attestations, advanced training, awards, vocational training, vacations, social benefits, layoffs.
If earlier papers for employees on which it is necessary to keep records were not kept at the enterprise, these documents are filled out for existing employees.
Step 6. We make out the stand.
Persons responsible for maintaining records of military personnel usually keep background information on this subject in folders. However, it is better to make information stand. It clearly demonstrates the main points:
- for booking military service;
- on the goals and objectives of registration, maintenance and storage of documentation for military service workers;
- about responsibilities;
- about offenses;
- and an important announcement for conscripts
There are no stand design requirements. Here is an example of how it might look at a state-owned enterprise:
Legislation on military registration
Maintaining documentation for military personnel in state institutions is based on the "Methodological recommendations for maintaining military records in organizations" (Approved by the General Staff of the Armed Forces of the Russian Federation) dated April 11, 2008 and includes:
- Control over the presence in the passports of citizens of the Russian Federation who are accepted for a position in the organization, marks of military duty.
- Filling out personal cards (T-2 form) based on entries in other documents.
- Explaining to employees how to perform their military duties.
- Informing the military commissariats of all changes in the information in the passports of the employees of the organization for which records are kept, and violations.
- Sending within 2 weeks to the military commissariats information about citizens liable for military service who have been hired or fired.
- Annual data reconciliation.
- Alert employees about calls to the military registration and enlistment offices and ensure their attendance.
The form of a personal card for employees of the T-2 enterprise was proposed by Decree of the State Statistics Committee of the Russian Federation No. 1. Our instructions for maintaining military records in organizations include filling out this form.
How does the military registration check work?
The verification of military registration is carried out by the military registration and enlistment office or local governments. In companies with more than 500 employees, inspections are usually carried out once a year. In small legal entities, inspections can be carried out no more than once every three years.
Auditors will be particularly interested in the following documents:
- order to maintain military records;
- a work plan for maintaining military records;
- personal cards of citizens for which records are kept;
- accounting audit log;
- a receipt for the receipt of military registration documents from citizens;
- official office work on the issue of maintaining military records.
When conducting an audit of the correctness of accounting, the supervisory authority evaluates:
- implementation and organization of military registration in the company;
- completeness and reliability of the information contained in the personal cards of employees for which records are kept.
The results of the verification of military records are entered into the journal
military records reporting
A specialist whose labor function is to maintain military records provides the following reports to the military registration and enlistment office:
- For hired or dismissed employees subject to military registration - within 2 weeks.
- For employees registered with the military or those who are required to be registered with the military - within 2 weeks from the receipt of the request.
- For males 15 and 16 years old - once a year in September.
- For males registering for the next year - once a year until November 01
Organization Responsibility
If an enterprise does not keep records of employees liable for military service and does not transfer data to military commissariats, it will face fines. In paragraph 21 of the Code of Administrative Offenses of the Russian Federation, their sizes are established depending on the violation, form of ownership and direction of the enterprise.
Both the head of the company and the person appointed responsible for its maintenance may bear administrative responsibility for not maintaining military records. A fine is issued by a person authorized by the military registration and enlistment office:
- if an employee of the state structure of medical and social expertise did not send information about disabled employees liable for military service to the military commissariat within the prescribed period - a fine in the amount of 300-500 rubles;
- if an employee of the civil registry office did not send information about the changes to the commissariat - a fine of 300-500 rubles;
- if the person responsible for maintaining the documentation did not provide information to the commissariat about recruited (or dismissed) citizens liable for military service - a fine of 300-1000 rubles.
Reservation of citizens in reserve
The procedure makes it possible to provide personnel (managers, specialists, highly qualified personnel) to enterprises in wartime and during the period when mobilization is announced. Citizens have a deferment from conscription for military service for mobilization, in wartime, from conscription for military training.
For the reservation of citizens, a special mobilization commission is created, which is created by the local authority municipality. They decide on the list of professions, age, rank. Further lists of positions are sent to the employer. They are brought to the responsible person under the signature. The employer, in turn, selects the appropriate personnel in the company's staff and fills out a special form.
If the organization makes reservations for citizens, then the organization needs to maintain additional documentation. For example, related to the issuance and accounting of certificates of deferment (this form strict accountability the company receives at the military registration and enlistment office), as well as an action plan for the presentation of these certificates. There is no approved form of the plan. The company develops it independently.
How to control
Control over the status of work on booking is carried out at least once every three years.
Every company has conscripts. This article will help you organize military registration. Read the proposed material that will help the employer to establish military registration work.
In accordance with 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 keep 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”.
Employers are required to issue certificates for the military registration and enlistment office to employees from other cities without registration
From February 18, 2020, in case of hiring and dismissal of employees who are subject to military registration and do not have registration at the place of stay, organizations will have to issue them a special document for the military registration and enlistment office. Corresponding changes to the regulation on military registration (approved by Decree of the Government of the Russian Federation of November 27, 2006 No. 719).
It will be necessary to issue information when hiring and dismissing employees subject to military registration who:
- do not have registration at the place of residence and place of stay;
- arrived at the place of stay for a period of more than 3 months and do not have registration at the place of stay.
In turn, workers will have to submit this document to the military registration and enlistment office along with an application for military registration. The application form is also approved by Resolution No. 719.
It is necessary to 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 2019 - 2020
Which of the employees 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, 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 officer responsible for military registration work. For this, an order is issued. The order must also indicate the employee who will replace the person responsible for military registration during his absence (for example, vacations or business trips). In the event of a temporary absence, the officer responsible for military registration must, according to the act, transfer documents to the second employee for keeping records. This is stated in paragraph 22 of the Guidelines 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. To this end, the obligation to maintain military should be provided in employment contract or job description accountant (paragraph 2, letter of Rostrud dated October 31, 2007 No. 4412-6). If the duties of an employee do not provide for the maintenance of military records, then such work can be assigned to an accountant by issuing an internal combination or part-time job.
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Who is subject to military registration
According to paragraph 14 of Decree No. 719, employees subject to military registration include:
- conscripts;
- conscripts.
How to determine that an employee whom an organization hires is subject to military registration
The attitude to military duty 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 on the 13th page of the passport there will be a stamp "Conscript"(clause 11 of the Description of the passport form, approved by the 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, employees are not subject to military registration:
- those released from military duty in accordance with Article 23 of the Law of March 28, 1998 No. 53-FZ (for example, those who were declared unfit or partially fit for military service for health reasons, who completed military service in another state, etc.);
- performing military service or alternative civilian service;
- women who do not have a military registration specialty;
- permanently residing outside of Russia;
- having military ranks of officers and staying in the reserve of the SVR of Russia and the FSB of Russia.
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Legislation on military registration at the enterprise
- Labor Code of the Russian Federation ().
- Federal Law No. 61-FZ of May 31, 1996 "On Defense" (clause 6, clause 1, article 8).
- Decree of the Government of the Russian Federation of November 27, 2006 No. 719 "On approval of the Regulations on military registration" .
- Guidelines for maintaining military records in organizations, approved. General Staff of the Armed Forces of the Russian Federation
- Federal Law No. 53-FZ of March 28, 1998 "On military duty and military service".
- "Rules for maintaining the Unified State Register of Legal Entities and providing information contained therein", approved by Decree of the Government of the Russian Federation of June 19, 2002 No. 438 (p. 19).
- Code of Administrative Offenses of the Russian Federation ().
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Military registration documents
Keep military registration on the basis of military registration documents. They must be presented by citizens when applying for a job. If such documents are not presented, the organization is obliged to request information about the status of the person itself (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 records include:
- for conscripts - a certificate of a citizen subject to conscription for military service;
- for men liable for military service - a military ID, a military ID of a reserve officer, a temporary certificate or a temporary certificate of a reserve officer.
The forms of military registration documents are given in Appendix 9 to the Instruction approved by Order of the Ministry of Defense dated July 18, 2014 No. 495.
Note: The form of registration card No. 18 and the deadlines for submission should be clarified at the military commissariat at the place of registration of the organization, since a single procedure is not fixed at the federal level.
The fact that women belong to the category of citizens liable for military service is confirmed by the stamp in the passport. This follows from paragraphs 28 and 49 of the regulation approved by Government Decree No. 719 dated November 27, 2006.
Is it possible to refuse to hire a person who has not presented documents of military registration
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 status of the employee 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, violate it labor rights(Art. 3 and 64 of the Labor Code).
About hiring an employee who did not present military registration documents, inform the military registration and enlistment office. If the organization fails to fulfill this obligation, this may lead to administrative liability (subparagraph “a”, paragraph 32 of the provision, approved by Government Decree No. 719 of November 27, 2006, part 3 of article 21.4 of the Code of Administrative Offenses).
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
From February 17, 2019, employers have new obligations provided for by the Federal Law of February 6, 2019 No. 8-FZ, which amended the law on military duty 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 hand over referrals to the military registration and enlistment offices to the "evaders". 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 01.03.19 No. 315/4/1023.
Under the new rules, employers must:
- send, within two weeks, information on cases of identification of citizens who are not registered with the military, but who are obliged to be on such a record;
- give these citizens referrals to the 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 (.rtf 287 Kb) . There is also a form in which information about citizens who are not registered, but are obliged to be registered in the military.
Notice of the military registration and enlistment office
What report on military registration must be submitted before 08/25/2020. On the admission and dismissal of an employee who is subject to military registration, the employer is obliged to notify the military commissariat and (or) local authorities within two weeks (subparagraph “a”, paragraph 32 of the Regulation, approved by Decree of the Government of the Russian Federation of November 27, 2006 No. 719 ).
You can send information using the form given in Appendix 9 to methodological recommendations, approved by the Russian Ministry of Defense on July 11, 2017.
If such information is not provided, 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
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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.
During the inspection, the military commissariats establish:
- complete coverage of citizens by military registration;
- the quality of military registration;
- the completeness and reliability of the data contained in the personal cards of people subject to military registration;
- organizing and ensuring the fulfillment by citizens of duties on military registration, the implementation officials organizations of the requirements of the legislation on military duty and military registration.
The military enlistment office communicates the results of checks to the heads of organizations and reflects them in the logs of checks on the implementation of military registration, which are conducted in military commissariats (local governments) and in organizations. The form of the journal 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 a higher authority that has jurisdiction over the organization being inspected (if any). In addition, if certain violations in the field of military registration are revealed, the guilty employees of the organization may be held administratively liable under Articles 21.1–21.4 of the Code of Administrative Offenses of the Russian Federation.
Such rules are established by subparagraph 8 of paragraph 17 of the Regulations approved by Decree of the President of the Russian Federation of December 7, 2012 No. 1609, paragraphs 3–9 of Appendix 2 to the Instruction approved by order of the Russian Ministry of Defense of 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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Do entrepreneurs need to keep military records of employees?
An entrepreneur is not required to keep military records (subparagraph 6, paragraph 1, article 8 of the Law of May 31, 1996 No. 61-FZ, paragraph 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 entering work (part 1, part 3, article 11, part 4, article 20 of the Labor Code of the Russian Federation).
However, responsibility for not reporting the admission 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 on 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 an applicant who has not submitted Required documents on military registration, in employment.
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PENALTY for violation of the procedure for maintaining military records
Note: Clause 54 of the Regulation 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 to another body that carries out military registration, lists of employees subject to initial military registration, a fine in the amount of 300 to 1000 rubles is imposed. ().
For failure to notify an employee of a call on the agenda of the military commissariat, as well as failure to ensure the possibility of timely appearance on call, a fine in the amount of 500 to 1000 rubles is provided. (Article 21.2 of the Code of Administrative Offenses of the Russian Federation).
Untimely 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 provide 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 non-fulfillment of military registration duties. For example, the non-appearance of a citizen who is or is obliged to be registered with the military, upon a summons (summon) of the military commissariat at the appointed time and place without good 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 within the prescribed period to the military enlistment office or to another body that carries out military registration, at the place of residence about a change in marital status, education, place of work, position.
All violations in the field of military registration, for which administrative responsibility is established, do not apply to ongoing ones. The term for bringing to responsibility for them 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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