Military records of women: still - to be or not be?
The trigger of public attention was the adoption on October 11, 2021 of the Ministry of Defense of Ukraine 313 “On approval of the list of specialties and/or professions related to the relevant military-accounting specialties, after which women are taken to military registration of military service. ” This list was subsequently updated by the Defense Ministry No. 35 of February 7, 2022, which also determined the date from which it was obliged to put on military accounting - October 1, 2022.
Video of the day since the war on the Presidential website of Ukraine, about 15 electronic petitions were registered on the abolition of compulsory military accounting for women and order No. 313. Many women were forced to decide for themselves whether to go from the country until they became military can cross the border without restrictions.
Recently, there have been many controversial statements from representatives of the authorities and announced changes, in particular, to transfer the term of compulsory women to military registration and even its cancellation. Let's try to figure out where the truth is and what to expect women. 1. Do women need to be on military registration since October 1, 2022? On September 6, 2022, the Ministry of Defense issued an order No.
259 “On Amendments to the Order of the Ministry of Defense of Ukraine of February 7, 2022 No. 35”. On September 23, 2022 it was published and entered into force. According to the order, the obligation of women to take military records was postponed to October 1, 2023. Thus, women whose profession or specialty are in the list can not worry for at least a year. 2.
Does the Defense Ministry have the right to determine which of the women is subject to compulsory military accounting? Pursuant to Article 1, paragraph 11 of the Law of Ukraine “On Military Duty and Military Service”, women who have a specialty and/or profession related to the relevant military accounting specialty determined Health and age, are engaged in military registration of military service.
Previously, the list of specialties was approved by the government, but in the spring of 2021 the law was amended, and the corresponding powers were delegated to the Ministry of Defense. Therefore, to date, the obligation of women to take military registration and the powers of the Ministry of Defense to determine the relevant list of specialties and professions are directly established by law, and therefore are legitimate.
However, there are some legislative initiatives to make military registration for women voluntary for most women at the level of law. Thus, on September 21, 2022, the Bill No. 6482 “On Amendments to Article 1 of the Law of Ukraine“ On Military Duty and Military Service ”was adopted as a basis. It provides for women on military registration only at the request of a woman. The obligation of military accounting is proposed only for doctors.
The text of the law is not -extreme and can still be changed in preparation for the second reading. We will follow the updates. 3. Which of the women is obliged to register from October 1, 2023? Order No. 313 defines two lists: 1. A list of specialties and/or professions related to the relevant military accounting specialties, after which women are taken to military registration of military personnel; 2. List of specialties and/or professions related to the relevant military accounting specialties.
Only the first list directly concerns women, and it is according to this list, according to subparagraph 1 of paragraph 3 of Order No. 35, it is envisaged to take women on military accounting. It contains 14 groups of specialties and 7 groups of professions. The full list of specialties and professions, after which women will take the military records of the military from October 1, 2023, can be found at the link.
Representatives of the Ministry of Defense announced a possible additional reduction in the list of specialties and professions. However, until the order or law has been adopted, the above list remains. The second list will be used for the possible annual revision of the first, taking into account the needs of the state for mobilization resources and the application of other legislative standards.
According to the current standards, the obligation to stand on military registration, regardless of whether a woman is now working, is a housewife or FOP, as well as regardless of the presence or number of children. The determining factor is the acquisition of the relevant specialty or profession. At the same time, having a specialty or profession of a woman in the list does not mean mandatory to take her on military records. A woman should also be suitable for military service for health and age.
The age is 60 years of age, and the degree of suitability for health is determined by the Military Medical Commission. 4. How to get on military account? There is no separate procedure for taking women whose profession or specialty is provided for a list of the Ministry of Defense. They are subject to the general procedure approved by the Cabinet of Ministers of Ukraine No. 921 of December 7, 2016.
Military accounting is carried out in district (city) territorial centers of completion and social support (TCC and JV), which are the successors of the former military enlistment offices, in the personal presence of a woman. The Ministry of Defense and the Government may have developed a special procedure for taking women on military registration. 5.
Can a woman standing on military account forcibly call up for military service? Article 1 of the Law of Ukraine "On Military Duty and Military Service" establishes that women perform military duty on an equal basis with men, except in cases provided for by the legislation on motherhood and childhood. The conscript woman can be called for military service in wartime and during mobilization. A woman can also be involved in performing state defense works.
In peacetime, a woman can be admitted to military service and service in the military reserve only in voluntarily - under contract. Important: Women who have been on military accounting will be able to use a delay from the call during mobilization. A complete list of grounds for delay during mobilization is provided by Article 23 of the Law of Ukraine "On Mobilization Training and Mobilization". 6.
Will the ban on traveling abroad to women will spread? After taking military registration, the woman becomes a military manner, which means that the law is subject to the same responsibilities and restrictions as the military. However, the issue of border crossing restrictions during martial law in Ukraine is not so legal as political. The legislation lacks a direct ban on traveling abroad even for men aged 18 to 60 years.
At the same time, as a result of active introduction of the Cabinet of Ministers of Ukraine, changes to the rules of crossing the state border by citizens of Ukraine were determined by the list of persons entitled to cross the border.
In particular, the right to cross the border during the action of martial law have conscripted persons (regardless of gender) who are not subject to conscription during mobilization, namely - persons determined by Article 23 of the Law of Ukraine "On Mobilization Training and Mobilization" .
Exception-categories specified in paragraphs 2-8 of parts 3 of this article (in particular, education applicants, scientific, scientific-pedagogical and pedagogical workers, as well as women and men whose close relatives were killed or missing during the ATO): that they are not subject to call during mobilization, they are not allowed to travel abroad.
That is, formally, based on the text of the Rules of crossing the state border by citizens of Ukraine, now women who are already on military account (for example, medical professionals), limited to the right to go abroad, if they do not have grounds for deferral or do not fall under other cases , provided for in these Rules. But in practice, despite all that has been said, there have been no restrictions on traveling abroad of conscripts yet.
Therefore, we recommend that you do not panic and wait for changes in the legislation. 7. And what responsibilities will the employer arise in connection with the introduction of women's military accounting? Women who will be on military registration will then acquire the status of conscripts. In this regard, business executives, regardless of subordination and ownership, will have to keep their personal accounting at the place of work.
Regarding the conscripts of the employer are the same responsibilities as men, namely: with a full list of employer's duties on personal accounting of military personnel can be found in paragraph 37 of Resolution No. 921. In addition 'with the increase in the number of conscripts, some businesses will have to introduce a separate position or review the number of persons responsible for military accounting. Recall that these responsibilities for women will have employers from October 1, 2023.