The Verkhovna Rada of Ukraine and the Cabinet of Ministers have adopted key legislative initiatives on military offenses and bookings that are important for law enforcement and national security.
Penalties for violation of military rules established by Law No. 10379
On May 9, 2024, the Verkhovna Rada of Ukraine adopted in the second reading Draft Law No. 10379 on Amendments to the Code of Ukraine on Administrative Offenses to Increase Liability for Military Offenses, which significantly increased fines.
This Law will enter into force on the day following its publication.
The amendments to the Code of Ukraine on Administrative Offenses provide for the establishment of the following amounts of fines:
1. For violation of the rules of military registration by conscripts, persons liable for military service, and reservists (Article 210 of the Code of Administrative Offenses in Ukraine):
- In peacetime: from UAH 3 400 to 5
- Repeatedly during the year: from UAH 5 100 to 8
- During a special period: from UAH 17 000 to 25
2. For violation of the legislation on defense, mobilization preparation and mobilization of officials (Article 210-1 of the Code of Administrative Offenses in Ukraine):
- In peacetime: UAH 5 100 to UAH 8 500 for citizens, UAH 17 000 to UAH 25 500 for officials and legal entities.
- Repeatedly during the year: from UAH 8 500 to UAH 11 900 for citizens, from UAH 25 500 to UAH 34 000 for officials and legal entities.
- During a special period: from UAH 17 000 to UAH 25 500 for individuals, including for failure to fulfill the obligation to update data from 18.05.2024 within 60 days, i.e. until 17.07.2024, from UAH 34 000 to UAH 59 500 for officials and legal entities.
The Law also stipulates that administrative penalties for violations of the rules of military registration and mobilization during the special period may be imposed within three months from the date of its detection, but not later than one year from the date of its commission.
It should be noted that for violations committed prior to the entry into force of the law, the prior amounts of fines will be applied, i.e., for violations of the legislation on defense, mobilization preparation and mobilization, the maximum fine will be UAH 8 500, and for violations committed after the entry into force of the law, new increased amounts of fines will be applied.
It is also worth noting that draft law No. 10379 had a provision on amendments to the Criminal Code of Ukraine to impose criminal liability for refusal to undergo a medical examination. However, in the version to the second reading, criminal liability was removed from the draft. In view of the above, it is the qualified maintenance of military records at the enterprise that is becoming even more important.
Extension of the booking period by one month and other changes to the booking procedure
At the meeting of the government on May 7, the Cabinet of Ministers approved the Resolution No. 516 dated 07.05.2024, by which it extended the terms of deferrals from conscription issued in accordance with the CMU Resolution No. 76 dated 27.01.2023 “Some Issues of Implementation of the Provisions of the Law of Ukraine ‘On Mobilization Preparation and Mobilization’ on Booking of Persons Liable for Military Service for the Period of Mobilization and for Wartime” (further — the Procedure No. 76).
Thus, for companies whose booking has not expired as of the date of the relevant decision (i.e., as of May 7, 2024), the booking is automatically extended for one month.
In addition, amendments have been made to Procedure No. 76 (Resolution of the CMU No. 520 dated 08.05.2024) regarding the booking of persons liable for military service on the list of persons liable for military service during martial law.
It is proposed to simplify the booking procedure by asthe Ministry of Defense with some of the powers previously exercised by the General Headquarters:
- to send the lists of persons liable for military service, developed by public authorities and other state bodies, which are proposed for booking for the period of mobilization and wartime, for consideration and approval directly to the Ministry of Defense, not to the General Headquarters
- to inform the relevant territorial centers of recruitment and social support of the decision of the Ministry of Economy on the booking of persons liable for military service.
These changes are an important step in ensuring the effectiveness of military governance and improving the country's security. The new rules and procedures will contribute to more effective control over military duties and national defense. Contact BDO in Ukraine and be sure of reliable support and professional experience of our specialists in military accounting.
