The President of the Russian Federation signed a Decree according to which, starting from September 21, 2022, Russian citizens are subject to conscription for military service as part of partial mobilization. We have prepared a material in which we told how the employer can correctly maintain records concerning the military service in connection with the latest news.
WHO IS OBLIGED TO MAINTAIN RECORDS CONCERNING THE MILITARY SERVICE?
Maintenance of records concerning the military service is the responsibility of every company, regardless of its form of incorporation. Therefore, this procedure has a special role for state authorities, in connection with which the number of inspections of compliance by organizations with the procedure for maintenance of records concerning the military service may increase.
WHO IS SUBJECT TO REGISTRATION FOR MILITARY SERVICE?
Individuals of the following categories are subject to registration for military service:
The following citizens are not registered for the military service:
According to the Presidential Decree, citizens liable for military service and who are in reserve will be conscripted as part of partial mobilization. When conscripted, they will pay attention to the presence of combat experience, military occupation, or service experience in the AF RF.
The composition of the reserve is divided both by military ranks and by age. More details about such criteria are reflected in article 53 of the Law No. 53-FZ dated March 28, 1998. After a citizen reaches the age limit for his rank, the military commissar’s office removes him from the registration for military service.
HOW TO START MAINTAINING OF RECORDS CONCERNING THE MILITARY SERVICE?
To maintain records concerning the military service, it is required to:
WHAT DOES THE MAINTENANCE OF RECORDS CONCERNING THE MILITARY SERVICE INCLUDE?
As part of the maintenance of records concerning the military service, companies have to:
WHAT IS THE LIABILITY FOR THE MAINTENANCE OF RECORDS CONCERNING THE MILITARY SERVICE?
For non-compliance with the requirements of legislation in the field of maintenance of records concerning the military service, administrative liability is threatened according to the Administrative Code of the Russian Federation. The scope of punishment depends on the type of offense. For more information about the scope of the liability, see the table below.
Type of offense
Scope of punishment
|Failure to submit to the military commissar’s office the lists of citizens subject to initial military registration||Imposition of a fine: for officers – in the amount of 1,000 – 3,000 rubles|
|Non-notification of citizens about their calling to the military commissar’s office|
|Untimely submission to the military commissar’s office of information on changes in the composition of permanent residents or citizens staying for more than three months in the place of temporary stay, who are obliged to be registered for military duty|
|Failure to report information about citizens employed (dismissed) who are or are required to be registered for military duty||Imposition of a fine: for officers – in the amount of 1,000 – 5,000 rubles|
IS THERE A DEFERRING FROM PARTIAL MOBILIZATION FOR IT SPECIALISTS?
Ministry for Digital Development, Communications and Mass Media (Russian acronym – Mintsyfra) noted that IT specialists will not be involved in military service during the period of partial mobilization if they:
In addition, the Mintsyfra announced a list of specialties and training programs of education at university level that meet the criteria for exemption from partial mobilization of IT specialists. It includes such training programs as:
More details about the established specialties and training programs are indicated in the Order No. 712 of the Mintsyfra dated September 26, 2022.
A service for submitting an application for deferring from partial mobilization has been launched on the State Services portal as part of the partial mobilization of IT employees.
To send an application, an employee must first fill out a form in the HR department confirming the employee’s compliance with the requirements for not engaging him in the service as part of partial mobilization. The document must be signed by the CEO of the IT company with an enhanced qualified electronic signature (ECES).
An IT employee will need to enter the following information when filling out an application on the State Services portal:
After entering all the necessary data, an employee need to attach a confirmation form and send an application.
Please note that there is no separate Government Decree that would explain the procedure at the legal level. It is expected that it may appear in the near future.
If an employee has already received a conscription notice, he has to present the following documents to obtain a deferring:
If the deferring is refused, the IT specialist is required to issue an appropriate set of documents signed with the EQES of the CEO or a person authorized by him or her and send them to the website of the Mintsyfra at email@example.com .
In the matters of maintenance of records concerning the military service and obtaining a deferring for IT specialists, please contact Acsour experts.