SAMPLE TEXTS OF LETTERS TO MILITARY COMMISSARIATS - QUESTIONS FOR A LAWYER

Legal basis for military registration

For the Law, it is not so important what form of ownership the company belongs to: military records of the persons working there will have to be kept in all cases. This is confirmed by paragraph 7 of Art. 8 of the Federal Law No. 53-FZ “On Military Duty and Military Service” dated March 28, 1998.

Naturally, not all employees are involved in military service, so it is important to understand who needs to be accounted for. For this purpose, there are norms of the special Regulation on military registration No. 719, approved by decree of the Government of the Russian Federation of November 27, 2006 (in clauses 14 and 16). You need to take into account:

persons liable for military service;
potential and current recruits.

How to organize military records at an enterprise is regulated by the Methodological Recommendations for maintaining military records in organizations, approved by the General Staff of the Armed Forces of the Russian Federation.

What should an employer do within the framework of military registration and enlistment?:

when applying for employment, clarify the military liability of citizens according to the entries in their identity cards (whether or not there is a stamp “liable for military service” on page 13 of the civil passport of the Russian Federation);
enter up-to-date information into personal cards;
ensure the proper and timely performance of duties of employees during their mobilization or military training;
study the provided documents relating to military duties for incorrect information, corrections, missing pages, suspicion of forgery, etc., and if found, inform the military commissariat.

IMPORTANT! It is not enough to formally treat the requirements of the law, paying attention to the military records, and if this necessary requirement is not properly fulfilled, the entrepreneur will be subject to sanctions (Administrative Code of the Russian Federation, Articles 21.1 – 21.5).

Military registration cannot be avoided if there is at least one employee liable for military service on staff.

Who is in charge of military records in the company?

Full responsibility for this activity in the organization rests with the manager (clause 6, article 1 of Federal Law No. 53, clause 9 of Regulation No. 719). The boss has the right, in the text of the special order, to appoint a dedicated employee to perform these actions. If the appointed person is temporarily absent from work for some reason (for example, on annual leave or went on a business trip), he must be replaced by another employee during this time, and the successor will have to transfer all accounting documentation.

The manager has the right to transfer the powers of military accounting to a specialist in the human resources department, an accountant, etc., by registering a part-time job or an internal job. It is advisable to specify these requirements in the job description.

Who carries out inspections and how often?

The law speaks of possible checks by the military registration and enlistment office for the correctness and completeness of military registration approximately once every three years. Large companies with more than 500 employees are inspected annually.

This function is assigned to military commissariats. If there is no such institution in a given territorial unit, the inspection should be carried out by local government bodies.

Control authorities keep special journals, which reflect the results of control and reservation of citizens who are liable for military service in the reserve of the Armed Forces.

Penalties

Consider the penalties that may be imposed on a company and/or individual officials if military records are not maintained (Table 3).

Penalties for failure to keep military records

Of course, these fines are not so significant for large companies, but the imposition of a fine and legal disputes always have a negative impact on the activities of the organization. Therefore, it is better to prepare for the military registration and enlistment office check in advance.

In conclusion, it should be noted that military registration and enlistment office inspections do not occur so often. Military commissariats and local government bodies check the maintenance of military registration in organizations with more than 500 working (student) citizens annually, in others - at least once every three years (clause 3 of Appendix No. 2 to the Instructions for ensuring the functioning of the military registration system for citizens Russian Federation, approved by Order No. 500). However, it is still worth preparing for such a check in advance.

Shestakova Ekaterina, General Director of Actual Management LLC, Ph.D. Source: United Editorial Board of Business Magazines

Questions and answers on the topic

Scheduled military commissar inspection

The military records check included in the plan will not come as a surprise to the company. The military registration and enlistment office or commissariat are authorized to notify about the upcoming audit at least three working days in advance. For this purpose, a copy of the order (order) of the military commissar is sent to management.

This paper contains:

the purpose and objectives of the audit;
timing of the inspectors’ visit;
legal justification;
requirements, the implementation of which will be monitored (general legislation and established by internal regulations).

The management representative receives this document personally and signs for receipt.

Documents of interest to the military registration and enlistment office

Paragraph 39 of the Methodological Recommendations establishes a list of documentation subject to verification by military registration and enlistment offices.

Order

IMPORTANT! The absence of this order is equivalent to the fact that military records are not kept at all.

Personal cards of those liable for military service in the reserve and conscripts. It must be filled out using Form T-2, approved by Decree of the State Statistics Committee of the Russian Federation dated January 5, 2004 No. 1 “On approval of unified forms of primary accounting documentation for recording labor and its payment,” or your own, developed in the organization.
Work plan for military registration in the company (the form is given in the Methodological Recommendations).
Log of inspections of military registration and reservation of citizens of the reserve of the Armed Forces. Its form was approved by order of the Ministry of Defense of the Russian Federation No. 495 of July 18, 2014.

How is information prepared for verification with the military registration and enlistment office?

To carry out a reconciliation with the military registration and enlistment office, we need to provide a “List of citizens in reserve, working in an organization for reconciliation of military registration information contained in personal cards” (Appendix to the Procedure (clause 5)), in which it is also necessary to indicate (at the request of our military registration and enlistment office): 1. Marital status of the employee, full name

and date of birth of wife and children;2.

Employee's mobile and home phone number;3.

Type of education, indicating the educational institution, year of graduation, specialty. When applying for employment, employees provide us with documents in accordance with Art.

65 Labor Code of the Russian Federation. Employees are not always willing to provide information about their marital status and the presence of children (including religious beliefs), as well as their mobile and home phone numbers.

Are we obliged to require employees to provide the above personal data to submit information to

What information do entrepreneurs need to military registration and enlistment offices?

If an employer draws up an employment contract with a person liable for military service, which can be verified by checking the citizen’s passport, the military registration and enlistment office will receive the following information from him:

lists of hired or dismissed employees who are or are required to be in military service - for this there are two weeks after the date of the order for hiring or dismissal;

lists of persons who will reach military age in the coming year (17 years) - once a year until November;

lists of employed young men who are 15 and 16 years old - this data must be submitted once a year before the start of the autumn conscription, in September.

Verification with the military registration and enlistment office by mail

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I went with the military registration and enlistment office to the military registration and enlistment office and they gave me a document there, “Appendix No. 9 to the Methodological Recommendations. And something like that, such a piece of paper, I understand that I have to fill out the registration for new arrivals, but we have never maintained military registration and I don’t I know where to start, I found a bunch of material, downloaded everything, read it, but it didn’t get any easier. Correct me if I’m wrong: 1.

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Record keeping assessment

The result of a planned military commissariat audit will be an assessment of two key points:

organization of accounting;
entries in personal cards.

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On the first point, the inspectors will render a verdict “satisfactory”, if the requirements of federal legislation are met, or “unsatisfactory”.

Filling out personal cards is assessed on a 4-point scale:

“excellent” – all required personal cards are available, filled out correctly, do not contain inaccuracies, violations of rules and discrepancies in data with the control reconciliation materials;
“good” - the inspectors identified a certain number of cards with the mentioned violations, but there are not many of them, up to 5% of the total;
“satisfactory” – up to 10% of “substandard” cards are allowed;
“unsatisfactory” – more than 10% of personal cards are damaged.

Responsibility for deficiencies in military registration

Managers, as those responsible for this accounting, will receive penalties if the audit shows unsatisfactory results. Code of Administrative Offenses of the Russian Federation in Art. 21.1 – 21.7 regulates the amount of fines for deviations from the legal requirements of military registration:

from 300 to 1000 rub. – for failure to inform the commissariats or failure to provide information on time;
from 500 to 1000 rub. – for failure to cooperate with mobilization or mobilization preparation (they did not give the employee a summons, did not release him on the summons, etc.);
from 100 to 500 rub. (or warning) - for damage, destruction, negligence in storing documents of those liable for military service.

The period during which you can be held accountable for the above violations is no more than 2 months from the day they were committed.

Checking the military registration and enlistment office in the organization in 2019

Checking the military registration and enlistment office in an organization in 2020 is carried out in the same way as before, without any changes. Who is subject to verification, how does it differ from reconciliation, how often is it carried out, what exactly do military registration and enlistment offices check? We will answer all these questions in our publication, and at the same time we will also touch on the topic of civil defense and emergency inspections.

Military registration at the enterprise and its control

In accordance with paragraph 7 of Art. 8 of the Law “On Military Duty and Military Service” dated March 28, 1998 No. 53-FZ, clause 9 of the Decree of the Government of the Russian Federation “On approval of the Regulations on Military Registration” dated November 27, 2006 No. 719 (hereinafter referred to as Resolution No. 719), para. 1 clause 9 of the “Methodological recommendations for maintaining military records in organizations”, approved by the General Staff of the Armed Forces of the Russian Federation on April 11, 2008 (hereinafter referred to as the Methodological Recommendations), all organizations that have employees recognized by law as conscripts and liable for military service are required to maintain military records. The manager is responsible for this function at the enterprise, and it is directly performed by a personnel employee.

In order to control the reliability of information about citizens of interest to military registration and enlistment offices and the correctness of military registration, military registration and enlistment offices carry out:

Reconciliation of information, which is carried out in the manner established by Appendix No. 12 to the Methodological Recommendations.
Verification of military registration, which is carried out according to the rules established in Appendix No. 1 to the Methodological Recommendations.

Data reconciliation

This procedure is carried out once a year (subparagraph “e”, paragraph 29 of the Methodological Recommendations). Its essence is to compare information from the personal cards of employees registered with the military with information from military commissariats. The date and time of reconciliation is set by the commissariat, on whose territory, as a rule, the entire process takes place. Before going to the military registration and enlistment office, you should check the information available in the organization with the employees themselves. In particular, find out whether the citizen’s marital status, place of residence, or telephone number have changed. Also, according to the military ID, you need to check the data reflected in Section II “Information on military registration” of the personal card.

After comparing the information, the military registration and enlistment office employee puts a corresponding mark on the card with a simple pencil. Upon completion of the full reconciliation, an entry is made in the audit log.

If citizens working at the enterprise are registered with the military registration and enlistment office of another district or city, data about them is sent in the form of a specially established list (clause 5 of Appendix No. 12 to the Methodological Recommendations).

The document is drawn up in 2 copies, one of which is stored in the organization for 1 year.

Checking military records at an enterprise

With regard to military registration at the enterprise, verification is carried out with the following frequency:

at enterprises with employees liable for military service in the number of less than 500 people - once every 3 years;
at enterprises where more than 500 people are registered with the military - annually.

The audit is usually carried out within the organization itself. However, in practice, no one comes to small companies: everything is done at the level of document exchange. When checking, the official pays attention to the following parameters:

Documentation, which includes:
action plan for the implementation of military registration;
correct and reliable maintenance of personal cards;
folder for records management on military registration issues (issuance of receipts, correspondence, etc.);
audit log.
Organizing the storage of personal information (is there a dedicated room, is there a safe).
Availability of a military corner with telephone numbers of military registration and enlistment offices and other reference information on registration issues.

At the end of the inspection, the enterprise is given a rating, which is determined according to the criteria of Appendix No. 1 to the Methodological Recommendations. In this case, a company will receive a “satisfactory” rating if:

military registration was organized;
all necessary documents have been developed;
the action plan is 70% completed;
reconciliation completed successfully.

Inspection of civil defense and emergency situations in organizations in 2020

The organization of civil defense and emergency measures at enterprises, as well as inspections, should not be confused with military registration activities, since these areas are supervised by different departments: military registration - the Ministry of Defense of the Russian Federation, the organization of civil defense and emergency situations - the Ministry of Emergency Situations.

At the same time, the organization of civil defense and emergency situations in general is a rather voluminous topic worthy of a separate article, so here we can only briefly talk about inspections in this area, which are carried out by the Ministry of Emergency Situations of the Russian Federation both scheduled and unscheduled. Scheduled inspections usually include companies classified by law in the appropriate categories (for example, enterprises that have jurisdiction over civil defense facilities). For unscheduled cases, compelling reasons are required (for example, an order from the prosecutor's office).

The main things that inspectors pay attention to during such inspections are:

completion of training in specialized centers by the head of the company and the person responsible for civil defense and emergency situations;
registration of documents (order on the appointment of an engineer for civil defense and emergency situations, induction programs, course training, training log, etc.);
presence of a corner or office for civil defense and emergency situations;
serviceability of warning systems.

More complete information on the organization of civil defense and emergency situations at an enterprise is contained in the Law “On Civil Defense” dated February 12, 1998 No. 28-FZ.

In conclusion, it remains to be said that inspections by military registration and enlistment offices apply to all organizations and may include reconciliations (comparing information about those liable for military service) and inspections (monitoring the correctness of military registration at the enterprise). If violations are detected in the area in question, a fine may be imposed on company officials (Chapter 21 of the Code of Administrative Offenses of the Russian Federation).

Check with the military registration and enlistment office to see how it works. Data verification at the military registration and enlistment office

According to Appendix No. 12 to (subclause d) clause 29): 1. Reconciliation of information on military registration of citizens in personal cards (military registration documents of military commissariats, and in settlements (urban districts) where there are no military commissariats - with registration data body carrying out primary military registration.

The commission, appointed by Congress in August, took more than a year to establish itself, and from the outset it was divided into two irreconcilable blocs because the ruling party parlet was unwilling to conduct a serious and independent investigation that would identify those responsible for the massacre.

Rather, they worked to prevent the facts from being clarified. The commission was authorized to name witnesses as police and military personnel, ministers of state, judges, prosecutors and relatives of victims.

Military registration in the organization

Organizations, regardless of their form of ownership, must keep military records of their employees (clause 6, clause 1, article 8 of Federal Law No. 61-FZ of May 31, 1996). The purpose of military registration is to ensure in peacetime full and high-quality staffing of the Armed Forces of the Russian Federation, other troops, military formations and bodies, and during periods of mobilization, martial law and wartime, also to meet the needs for human resources of state authorities, local governments and organizations ( clause 2 of the Regulations, approved by Government Decree No. 719 dated November 27, 2006). Let us present step-by-step instructions for military registration in an organization in 2020. Let us recall that for maintaining military registration in an organization, the Methodological Recommendations, relevant for 2020, were approved by the General Staff of the Armed Forces of the Russian Federation on July 11, 2017.

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Notification to the military commissariat

Document designer>Personnel>Personnel documents>Notifications> Procedure and form of notification to the military commissariat According to paragraph “a”, paragraph 32 of the Decree of the Government of the Russian Federation “On approval of the Regulations on military registration” dated November 27, 2006.

No. 719 (hereinafter referred to as the Regulations on Military Registration), employees responsible for maintaining military registration in an organization when hiring or dismissing an employee subject to military registration are required to notify the military commissariat (military registration and enlistment office) at the place of residence (registration) of this employee.

The notification is drawn up in a unified form approved by the General Staff of the Armed Forces of the Russian Federation (Appendix No. 9 “Methodological recommendations for maintaining military records in organizations” dated July 11, 2017). The military registration and enlistment office must be notified within 2 weeks from the date of hiring or dismissal of an employee subject to military registration. Notification to the military registration and enlistment office can be sent by mail or by hand.

21.4 Code of Administrative Offenses of the Russian Federation. Contents of the notification to the military registration and enlistment office A sample notification to the military registration and enlistment office contains the following data:

the name of the military commissariat to which the notification is sent,
information about the employer (name, address, location, phone number),
information about the employee (last name, first name, patronymic, date of birth, rank, military registration specialty number (MRS), place of residence),
Job title,
address of the workplace location,
date and order number,
date of the notification,
manager's signature,
signature of the responsible employee,
and other data.