Registration for military service: obligations of employers

LEGAL DIGEST, NEWS, PUBLICATIONS \ 27.09.2022

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:

1. Conscripts who are men at the ages from 18 to 27.
2. Citizens who are in the reserve are liable for military service, namely:

• persons, dismissed from military service with enlistment in the reserve of the Armed Forces of the Russian Federation (AF RF);
• citizens who have successfully completed their training at military departments at federal universities or military educational organizations on training programs for reserve officers, sergeants, reserve foremen, soldiers and sailors;
• citizens who have an occupational deferment or exemption from conscription;
• citizens who have reached the age of 27;
• persons, dismissed from military service without military registration and subsequently placed on such registration;
• persons, passed an alternative military service;
• women with a military occupational specialty.

The following citizens are not registered for the military service:

• persons, released from military duty in accordance with article 23 of the Law No. 53-FZ dated March 28, 1998;
• persons, passing or having passed military service in the Russian Federation;
• persons, serving a sentence of imprisonment;
• persons, permanently residing outside of Russia.

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:

1. Appoint a responsible employee for maintaining the specified procedure. The number of responsible persons depends on the number of working conscripts and persons liable for military service in the company.
2. Issue an order on the organization of registration for military service and coordinate it in the military commissar’s office.
3. Make a work plan for maintenance of records concerning the military service.
4. Keep personal record forms of citizens subject to registration for military service, and draw up an inspection log.
5. Issue other documents for military registration work. The list of such documents is given in clause 39 of the Methodological recommendations approved by the Chief of the General Staff of the Armed Forces of the Russian Federation dated July 11, 2017.
6. Check the availability of document of registration for military service from employees

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:

• report to the local military commissar’s office on the recruitment (dismissal) of employees liable for military service and changes in information about such employees;
• check information with the military commissar’s office at least once a year;
• facilitate the appearance of persons liable for military service at the military commissar’s office and the delivery of conscription notices to them.

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.

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:

• work in an IT company on the basis of an employment contract with a normal working hours;
• involved in the design, development, implementation, maintenance and operation of the software;
• have the necessary relevant higher education to perform their duties

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:

• Information systems and technologies;
• Legal studies;
• Software engineering;
• Information security, including telecommunications and automated systems;
• HR management;
• Medical biochemistry, biophysics;
• Oil and gas engineering, etc.

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:

• personal data (full name, date of birth, passport details, contact phone number);
• information about military registration (type of document, its series and number, military rank and position, participation in hostilities);
• information about education (name of university, specialty, series and number of diploma);
• labor information (TIN and name of the organization, labor obligations, justification for the need for a delay, etc.).

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:

• Original or certified copy of the employment contract;
• Diploma of professional graduate degree;
• Extract from the register of state accreditation of employer-company in the field of IT, certified by the CEO of the company or a person authorized by him or her;
• A certificate from the place of work signed by the CEO or a person authorized by him or her that the employee is involved in the development, implementation, maintenance and exploitation of IT solutions or in ensuring the functioning of the information infrastructure.

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 help@digital.gov.ru .

In the matters of maintenance of records concerning the military service and obtaining a deferring for IT specialists, please contact Acsour experts.