By Resolution No. 16 dated May 2024, 559, the Cabinet of Ministers approved the Procedure for issuing and issuing a military registration document, as well as a new form of a military registration document. The resolution stipulates that a military registration document is drawn up (created) and issued (replaced):
in electronic form:
- by means of the electronic office of a conscript, conscript, reservist
- and/or the State web portal of electronic public services in the field of national security and defense
- and/or the Unified state web portal of electronic services (Diya Portal), in particular using the mobile application of the Diya Portal (Diya) (in case of technical implementation);
in paper form - on a form, the form of which is approved by CMU Resolution No. 559.
At first, the Ministry of Statistics denied that the military card would be in Diya, however, as you know, this week this idea was already technically implemented - and now the military registration document is available on the Diya portal.
It should be noted that the presence in the resolution of the CMU No. 559 of the possibility to issue a VOD through the Diya portal actually removes the issue of the lack of legal regulation regarding the procedure for forming an electronic VOD. After all, as is known, the resolution on the possibility of forming an electronic VOD in Reserve+ has not been published. Thus, eVOD in Diya is provided for by law.
At the same time, apparently, in view of the "secrecy" of the published resolution of the Cabinet of Ministers of May 10, 2024 on Reserve+ and "Oberig", the Ministry of Defense still decided to further clarify that electronic and paper military registration documents have the same legal force.
"A person having a military registration document in electronic form, for example, in the relevant mobile phone application, or in the form of a printed military registration document with a QR code, is equivalent to a military registration document in paper form, since they all have the same legal force.
The VOD in electronic form allows authorized employees of the TCC and SP, the National Police, the State Border Service to read it using any means (phones, tablets) on which the Reserve+ application can be installed and which have a camera. And the employer has to create a list of conscripts who are offered for reservation for the period of mobilization and for wartime," the Ministry of Defense emphasized.
They reminded that the VOD is presented by a person at the request of an authorized representative of the TCC; a policeman; representative of the State Border Service in the border lane, controlled border area and at checkpoints across the state border of Ukraine.
During the verification of documents, the verifier can use technical devices, tools and specialized software with access to the Unified State Register of conscripts, conscripts and reservists.
"Failure by a person to carry out the legal obligation to carry and present military registration documents for verification is an administrative offense punishable by a fine in accordance with Articles 210 and 210-1 of the Criminal Procedure Code.
The procedure for checking the VOD is determined by the Procedure for the draft of citizens for military service during mobilization, for a special period, approved by the Resolution of the CMU of May 16.05.2024, 560 No. XNUMX.
Thus, Resolution 560 provides that during the period of mobilization, authorized representatives of the TCC SP, policemen, as well as representatives of the State Border Service have the right to demand from male citizens aged 18 to 60 a military registration document (a military registration document in electronic form) together with an identity document.
In addition, Resolution 560 regulates the actions to be taken by authorized representatives of the TCC of the SP, the National Police, the State Border Service, if during the inspection the absence of a military registration document (VOD in electronic form) is established.
Namely, to carry out the administrative detention of such a person and deliver him to the relevant TCC of the SP, or to refuse to cross the state border to leave Ukraine" — the Ministry of Defense noted, although, as is known, representatives of the TCC cannot carry out administrative detention - this is the authority of the police.
Therefore, Resolution 560 refers to the verification by the relevant authorized employees of the military registration document available to the person in paper or electronic form.
"It should be noted that during the inspection, authorized representatives of the TCC of the SP, the National Police, the State Border Service can use technical devices, tools and specialized software with access to the Unified State Register of conscripts, conscripts and reservists.
However, the use of special electronic equipment is a right, not an obligation, of authorized representatives.
The possibility of using technical devices, means and specialized software with access to the Unified State Register of conscripts, conscripts and reservists is provided for by the Regulation on the TCC, approved by the Resolution of the CMU dated 23.02.2022 No. 154, and the rights of the National Police and the Administration of the State Border Service to use, in particular, technical means in the Regulations on the specified bodies, approved by the resolutions of the CMU dated 28.10.2015 No. 877 and 16.10.2014 No. 533, respectively.
Therefore, employees of the above-mentioned bodies, authorized to check military registration documents in electronic form, are equipped with appropriate technical means," the Ministry of Defense emphasized.
The military registration document in electronic form is valid only with the presence of a QR code and cannot be used without it.
VOD in electronic form can be printed. In this case, it must contain a readable QR code of the military registration document.
"Verification of a military registration document in paper form is carried out by a person providing such a document for verification. At the same time, the verification of the military registration document in electronic form is carried out by reading the QR code with the help of technical means that make it possible to reproduce the information of the military registration document in electronic form in the form of an information message.
The QR code must be readable by technical means, complete, intact, applied to any medium of sufficient size and the necessary contrast.
The only reason for non-confirmation of a military registration document in electronic form is the unsuitability of the QR code for reading by technical means", - indicated the Ministry of Defense.
At the same time, Resolution No. 559, referred to by the Ministry of Defense, contains other grounds for the invalidity of the electronic military registration document.
Thus, the resolution specifies that a military registration document in electronic form is considered invalid in the event that the information specified in sub-items 1-5, 8, 11-13 of paragraph 8 of this Procedure, at the time of reading, do not correspond to the information contained in the Unified State Register of conscripts, conscripts and reservists.
Therefore, if the "Oberig" Register contains the following data, which differ from what the verifier will see in the eVOD, then it will be considered invalid:
- name;
- proper name (all proper names);
- patronymic (if available);
- date of birth;
- registration number of the taxpayer's account card;
- information about the existence of a deferment from the referral for basic military service for conscripts or a deferment from the draft for military service during mobilization for a special period (reservation) for conscripts and reservists;
- information on the performance of military duty (accounting category);
- information on military registration (type of registration and TCC in which it is registered);
- information on applying or sending a notification of an administrative or criminal offense to the National Police.
The Ministry of Defense also clarified the procedure for electronic booking.
In the process of booking conscripts, state authorities, enterprises, institutions, and organizations are guided in particular by the Procedure for booking conscripts during martial law, approved by the Resolution of the CMU of January 27.01.2023, 76 No. XNUMX.
According to Regulation 76, the obligation to provide reliable data on conscripts is borne by their employers, since they prepare lists of conscripts offered for reservation for the period of mobilization and wartime.
Thus, Clause 8 of Resolution 76 stipulates that the list is submitted together with a justification, in which, among other things, information is noted on the correspondence of the account data of conscripts specified in the list with their military accounting documents. That is, during the formation of the list, the employer must make sure of the relevance of the information he enters into the list regarding a certain conscript.
For this purpose, a conscript can provide his employer with his military registration document in both paper and electronic form (including printed ones), since they all have the same legal force, and the requirements for providing a military registration document only in paper form Resolution 76 does not contain.
In addition to the above, the Ministry of Defense also emphasized that the general provisions regarding the equal legal force of any documents in paper and electronic form are contained in the Law "On Electronic Documents and Electronic Document Management", which establishes that if identical in terms of documentary information and details of electronic documents are created document and document on paper, each of these documents is an original and has the same legal force.
"Accordingly, the legal force of an electronic document cannot be denied solely because it has an electronic form. Likewise, the admissibility of an electronic document as evidence cannot be denied solely on the basis that it is in electronic form." emphasized in the Ministry of Defense.
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