The State Duma adopted in the third reading amendments to the law on military duty and military service. In addition to legalizing electronic summonses and introducing numerous penalties for draft evaders, the new version of the law changes the interaction between the military registration and enlistment office and the employer of a person subject to military service. military. SuperJob portal’s legal practice chief, Alexander Yuzhalin, told The Eastern Herald how it will work from now on.
What obligations did employers have to keep military records before
Employers had and still have an obligation to keep military records of military service workers. As a rule, these are men.
First of all, we are talking about keeping internal documents for military registration, so that you can quickly collect all the necessary information and provide it at the request of the military registration and enlistment office. Then the employer is obliged to interact directly with the military commissariat. He must notify the military registration and enlistment offices about the hiring of persons subject to military service and the termination of the employment contract with them – for this there is a special form that had to be filled out.
Vladimir Gerdo/TASS
One of the main obligations of the employer is to notify its employees if any of them report to the organization with a summons to the military registration and enlistment office, to military training or to be called up for military service. At the same time, he must give the employee the opportunity to report at the appointed time and place for the performance of his duties by the army.
Were the fall visits by employees of the Military Registration and Enrollment Office to organizations to distribute subpoenas legal?
It’s a perfectly legitimate story. If, according to the law, a citizen is subject to conscription or mobilization, one of the means of notifying him that he must report to the military registration and enlistment office is to notify him by the intermediary of the employer.
The practice of visiting businesses and corporations by representatives of military registration and enlistment offices in order to distribute subpoenas was previously quite rare. As a general rule, everything is limited either to a kind of letter with paper summonses which must be delivered to the employee, or upon receipt of an alert in electronic form.
But last year, with the start of partial mobilization, there were indeed many instances where not only representatives of military registration and enlistment offices, but also other agencies that also participated in this whole story, personally went to the employer and handed out summonses.
What will change when the new version of the conscription law comes into force
These changes relate more to the ways in which the employer interacts with military registration and enlistment offices. The employer’s obligation to keep military records as they were and remains. But where previously, by law, all of these interactions were largely done through correspondence with the military registration and enlistment office and the provision of paper documents, now they have gone digital.
Now, it is contemplated that military registration and enlistment offices can both send documents (including subpoenas) to the employer and request certain information that may be required for military registration. For example, it can go through public services. This is the first and main point.
Lev Fedoseev/TASS
The second point concerns the agendas themselves. One of the key amendments to the conscription law is that ordinary paper summonses will now be duplicated electronically. These electronic versions of the diaries will also be sent to employers. And just as before, employers are required to notify their employees of such subpoenas.
It can be assumed that even now many workers will refuse to receive them. But now the new version of the law indicates what the employer must do in this case. For him, it will be necessary to put a mark on the refusal in the agenda itself. Indicate that in the presence of such and such people who confirm this fact, the employee refused to receive it. Now this is enough to officially register his refusal, without the personal signature of a person liable for military service.
Another point that arises from the new version of the law and which employers must take into account is the restrictions it provides for fraudsters. For those who do not report to the military enlistment office upon summons within 20 days of receipt of the summons, certain restrictive measures may be applied. This may include a temporary driving ban.
Accordingly, if, for example, a person’s duties are related to driving a car, he will no longer be able to work as a driver until he resolves his problems with the registry office and d military enlistment.
The employer must either suspend the employee during this period without pay or transfer him to another position. Of course, provided that it exists.
What measures can be applied to the employer not to keep military records
Many employers do not keep military records. This happens for various reasons. Someone just does not know that such an obligation is prescribed in law. A lot of people know this, but don’t, because the administrative penalties that exist today are actually insignificant.
There is no responsibility for ignorance of military records as such. There is liability for specific non-compliance with certain obligations. For example, for the fact that the employer did not report the conclusion of an employment contract with a person liable to military service or his dismissal. But for this, fines are imposed only from 1,000 to 3,000 rubles. For an organization, of course, it’s not so much money.
Therefore, many believe that it is easier for them to pay a fine than to do all these things, and even expose their employees.
But given the general trend to change the military registration part of the law, I wouldn’t be surprised if the situation changes in the foreseeable future. I think sooner or later it will come to employers. After all, they are an indispensable source of information for military registration and enlistment offices, since the majority of citizens officially work somewhere.
Mikhail Sergeyev / TASS
Will the new version of the law help solve the problems of mobilization and conscription?
Of course, it’s good for the state. This story should help him resolve a number of military registration issues. Because a complete mess was going on in this area, which the representatives of the authorities did not hide and did not even try to somehow justify themselves.
The problems stemmed from the lack of a single centralized system, where all the information would be in one place. So that a person can clearly know where he is on the military register, whether he is late or not, and in general what to do. The new version of the law is designed to systematize all this and eliminate confusion.
Another of the global changes is the establishment of inter-ministerial interaction between all state bodies. Information for military registration will be provided by the Ministry of Interior, Pension Fund and Tax Department.
But, of course, if you look from the point of view of a citizen who does not really want to fulfill his military service duties, everything will change for the worse. Because the State will quickly reach out to him and find the means to have them filled. What will happen in practice, one can only guess and guess.
The opinion of the author may not coincide with the opinion of the editors
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