New booking procedure (+ Template of the list of conscripts offered for reservation for the period of mobilization and wartime + Template of Certificate on the number of conscripts

From February 24, 2022 the country is in a state of war, however, most enterprises should work for the benefit of the state and thus ensure not only the receipt of funds to the budget, but also support the defenders of our sovereignty. Any enterprise needs human resources for its work, and the institution of reservation of conscripts for the period of mobilization and wartime is precisely the mechanism that allows to keep working those people who are extremely necessary for the enterprise. At the same time, we should not forget that not every company has the right to book its employees. What exactly are these companies and what are the main nuances of the new reservation procedure, we will consider in this article.

31.01.2023 Resolution No. 76 of the Cabinet of Ministers of Ukraine dated January 27, 2023 "Some issues of implementation of the provisions of the Law of Ukraine "On Mobilization Training and Mobilization" regarding the reservation of conscripts for the period of mobilization and wartime", which approved the new Procedure for booking conscripts, entered into force according to the list of conscripts during martial law (hereinafter referred to as the Reservation Procedure ) and the Procedure and criteria for determining enterprises, institutions and organizations that are critically important for the functioning of the economy and ensuring the livelihood of the population in a special period (hereinafter referred to as the Criteria).

Criteria for determining enterprises, institutions and organizations that are critically important for the functioning of the economy and ensuring the livelihood of the population in a special period

Therefore, according to Clause 2 of the Criteria , the definition of an enterprise that is critical for the functioning of the economy and ensuring the livelihood of the population in a special period is carried out according to the following criteria:

1) the total amount of taxes, fees, payments accrued, withheld and paid to the state and local budgets, in addition to customs payments, during the reporting tax year exceeds the equivalent of 1.5 million euros, determined at the weighted average official exchange rate of the National Bank for the same period, which is confirmed by a certificate of the controlling body in which the enterprise is registered;

2) the amount of receipts in foreign currency, except for credits and loans, for the reporting tax year exceeds the equivalent of 32 million euros, determined at the weighted average official exchange rate of the National Bank for the same period, which is confirmed by the certificate of the relevant servicing bank;

3) the enterprise is of strategic importance for the economy and security of the state in accordance with the list of state-owned objects of strategic importance for the economy and security of the state , approved by Resolution No. 83 of the Cabinet of Ministers of Ukraine dated March 4, 2015 (Official Gazette of Ukraine, 2015 ., No. 20, Article 555);

4) the enterprise is important for the sector of the national economy or for meeting the needs of the territorial community. The criteria used to define an enterprise that is important for the branch of the national economy or meeting the needs of the territorial community are established by the executive power bodies, other state bodies, state administration bodies whose jurisdiction extends to the entire territory of Ukraine, according to the sphere of their management or the branch of the national economy or regional, Kyiv and Sevastopol city state administrations, or regional, Kyiv and Sevastopol city military/military-civilian administrations (if they are formed) taking into account the needs of the territorial community;

5) absence of arrears from the payment of a single contribution to the mandatory state social insurance, which is confirmed by a certificate of absence of arrears from payments, the control over the fulfillment of which is entrusted to the controlling authorities, or an extract from the information system of the DPS authorities regarding the status of the payer's settlements with the budget and target funds , a certified manager of the enterprise;

6) the average salary of insured employees at the enterprise for the last calendar quarter is not less than the average salary in the region for the IV quarter of 2021 (according to the State Statistics Service), which is confirmed by a certificate provided by the enterprise;

7) the enterprise is a resident of Diya City.

According to Clause 3 of the Criteria , the basis for making a decision on the definition of an enterprise that is critically important for the functioning of the economy and ensuring the livelihood of the population in a special period is compliance with three or more criteria.

The basis for making a decision on determining an enterprise that is critically important for the functioning of the economy and ensuring the livelihood of the population in a special period is compliance with two or more criteria , for such enterprises:

• enterprises of the fuel and energy complex;
• an enterprise that carries out activities in the field of health care, education and science, physical culture and sports, social protection and belongs to the state or communal form of ownership with inclusion in the Register of non-profit institutions and organizations or is maintained at the expense of state or local budget funds, or provides the population with free services necessary to ensure the livelihood of the population on an ongoing basis;
• linear audiovisual media that carry out terrestrial terrestrial multi-channel (digital) television broadcasting using a radio frequency resource, the program content of which consists mainly of information and/or information-analytical broadcasts, or which are involved in the notification system, and their affiliated persons, as well as state and communal institutions of culture.

RESERVATION PROCEDURE

According to the Reservation Procedure , the right to reserve conscripted workers is, in particular, enterprises that have been assigned mobilization tasks (orders) and those for which a decision will be made that such enterprises meet the criteria that are critical for the functioning of the economy ( clause 1 of the Reservation Procedure ).

The procedure for identifying enterprises as critically important is as follows:

- the definition of an enterprise as critically important is carried out by the central body of the executive power, another state body, a state administration body whose jurisdiction extends to the entire territory of Ukraine, according to the relevant sphere of administration and branch of the national economy, or by the regional, Kyiv and Sevastopol city state administrations, or by the regional, Kyiv and Sevastopol city state administrations by city military/military-civilian administrations (if they are formed) on the territory of the corresponding administrative-territorial unit

- the enterprise applies to the central body of the executive power, another state body, the state administration body, the jurisdiction of which extends to the entire territory of Ukraine (according to the sphere of administration or branch of the national economy), or to the regional, Kyiv and Sevastopol city state administrations, or to the regional, Kyiv and Sevastopol city state administrations city military/military-civilian administrations (in case of their formation), in the territory of whose jurisdiction it is located .

- The application form has not been established, we think it is an ordinary letter, where a request is made to make a decision on classifying the enterprise as critically important.

- Attached to the application are (1) copies of supporting documents (this can be a certificate from the tax office about the amount of taxes, a certificate/extract about the absence of debt from the social security, a certificate about the level of wages and, if the income in foreign currency meets the relevant criterion indicated above - a certificate from the bank) and (2) information on the submission of tax returns by the enterprise (copies of declarations with notes on receipt by the tax office or a receipt on acceptance of the returns, etc.)

- the time period in which a decision is made to classify the enterprise as critically important is NOT provided for in the Procedure

- a copy of the decision on classifying the enterprise as a critical body is sent to the Ministry of Economy and the General Staff (the deadline is not specified in the Procedure )

- the decision to classify the enterprise as critically important is valid for 1 year, the enterprise must confirm this status every year.

The procedure for booking conscripts is as follows:

Reservations are made according to the decision of the Ministry of Economy according to the lists submitted by the company. The lists are agreed with the General Staff. That is, first the enterprise submits the list to the bodies that have given the mobilization task or to the central body of the executive power, which ensures the formation and implementation of state policy in the relevant field. In the future, the specified bodies will check the completeness of the completed list (we think, if the list does not indicate, for example, a person's specialty, then this is an incomplete list), after such a check, the lists are submitted for approval to the General Staff. After approval, the General Staff forwards the lists to the Ministry of Economy. The Ministry of Economy makes a decision on the reservation and sends such a decision to the body to which the list was submitted and to the General Staff. In turn, the General Staff submits the specified decision to the relevant procurement centers within 3 days. In the future, the company can provide the conscript with an extract from the decision of the Ministry of Economy (excerpt form - Appendix 3 of the Booking Procedure ). The statement is certified by the manager's signature and the seal is confirmation of the reservation. The statement is issued under a special form ( Appendix 4 to the Reservation Procedure ). In the future, within 5 days from the date of issue of the extract, the company sends to the territorial recruitment center, where the conscript is registered, a notice of booking ( Appendix 5 to the Booking Procedure ). On the basis of this message, the territorial recruiting center enrolls the conscript in the special military register (actually, the reservation is made).

Reservists are granted a deferment from conscription.

The deferment period , as a rule, cannot exceed 6 months .

The deferment is canceled in cases, in particular, of its expiration, completion of the mobilization task by the company, deprivation of the status of critical importance of the company, release of a conscript.

When canceling the postponement, the company must withdraw the statement from the conscript within 5 days.

Reservation procedure for enterprises with a mobilization task

The following is submitted to the body that sets the mobilization task:

• The list of conscripts ( Appendix 1 to the Booking Procedure ) is submitted in paper or electronic form
• Justification (the form has not been established), where the data of the mobilization task are indicated (which are clearly specified in clause 6 of the Booking Procedure ) and information about the correspondence of the account data of conscripts with their military accounting documents.
• Certificate on the number of conscripts ( Appendix 2 to the Reservation Procedure

Managers and their deputies are booked regardless of military rank, age and specialty.

The total number of military conscripts that can be booked is 50% of the number of military conscripts of the enterprise , and in the case of existing justification - more than 50%. The form and procedure for submitting such justification is not established.

Conscripts who have the specialty specified in the Letter of the Ministry of Defense dated 11.03.2022 No. 220/1469 regarding the prohibition of booking conscripts who have military accounting specialties that are in short supply for the Armed Forces of Ukraine cannot be booked , except for company managers and their deputies.

Reservation procedure for enterprises that have received the status of critical importance for the economy

The following is submitted to the body that makes the decision to classify the enterprise as critical (for example, the military/military-civilian administration):

• List of conscripts ( Appendix 1 to the Booking Procedure) in paper or electronic form
• Justification (the form has not been established), where these decisions are noted when the enterprise is recognized as critical (which ones are clearly stated in Clause 8 of the Booking Procedure) and information about the correspondence of the registered data of conscripts with their military registration documents.
• Certificate on the number of conscripts ( Appendix 2 to the Reservation Procedure )

Managers and their deputies are booked regardless of military rank, age and specialty.

The total number of military conscripts that can be booked is 50% of the number of military conscripts of the enterprise , and in the case of existing justification - more than 50%. The form and procedure for submitting such justification is not established.

Conscripts who have the specialty specified in the Letter of the Ministry of Defense dated 11.03.2022 No. 220/1469 regarding the prohibition of booking conscripts who have military accounting specialties that are in short supply for the Armed Forces of Ukraine , except for enterprise managers and their deputies, cannot be booked . WITH

It is convenient to create a List of conscripts offered for reservation for the period of mobilization and for wartime and a Certificate on the number of conscripts , you can in the Instaco designer. To create, you only need to enter the necessary data in the designer.

NB!

The heads of enterprises are responsible for the inclusion of conscripted workers in the lists, as well as for the correspondence of the registration data of conscripts specified in the lists.

It should be noted that the Reservation Procedure provides for the reporting of enterprises on the fact of issuing extracts from the reservation order:

Quarterly Report on the number of conscripts booked as of the 1st of the month following the reporting quarter ( Appendix 6 to the Booking Procedure ) - the deadline for submitting the report is the 10th of the month following the reporting quarter.

Such a report is submitted:

- an enterprise with a mobilization task - a body that engages the enterprise to carry out a mobilization task

- enterprises that have received the status of critical importance for the economy - to the central executive body, which ensures the formation and implementation of state policy in the relevant field, the relevant regional, Kyiv and Sevastopol city state administration or the relevant regional, Kyiv and Sevastopol city military/military-civilian administration (in case of its formation), the Secretariat of the Cabinet of Ministers of Ukraine.