Currently, not only state bodies and local self-government bodies should keep military records but also companies, organizations, institutions regardless of their ownership. Let’s consider this question in more detail.
The mechanism for organizing and conducting military registration of conscripts and persons liable for military service (hereinafter - military records) by local executive authorities, other state bodies, executive committees of village, town and city councils, military commissariats, military units, as well as enterprises, institutions, organizations and educational institutions, regardless of their subordination and form of ownership, determines the procedure for organizing and conducting military records of conscripts and persons liable for military service, was approved by the Resolution of the Cabinet of Ministers of Ukraine of 07.12.2016, No. 921 (hereinafter - Procedure No. 921).
Para. 5 of Art. 34 of the Law of Ukraine “On Military Obligation and Military Service” of 25.03.1992, No. 2232-XII (hereinafter - Law No. 2232) and para. 15 of the Procedure No. 921 determines the obligation to state bodies, as well as enterprises, institutions and organizations (hereinafter - employers), regardless of their subordination and form of ownership to organize and directly conduct personal military records of conscripts and those who are in charge of military service, who work there.
State bodies, enterprises, institutions and organizations conduct personal records of conscripts and persons liable for military service at the place of their work (study) (para. 36 of the Procedure No. 921).
Keeping of the military records is not provided by an individual–entrepreneur. But the Ministry of Defense, relying on Part 5 of Art. 34 of the Law No. 2232, emphasizes that the keeping of personal records of conscripts and persons liable for military service at the place of their work or training is entrusted to the citizens-entrepreneurs and other self-employed persons (letters of the General Staff of the Armed Forces of Ukraine dated 27.09.2017, No. 321/5989, the Ministry of Defense dated 13.11.2017 No. 321/7065).
At the same time, the Code of Administrative Offenses (hereinafter - CAO) does not provide for administrative liability for individuals-entrepreneurs either for the non-submission to the military committees of lists of workers who are subject to appointment to conscripts or for the recruitment of workers who are not in military registration at the place of residence, nor for lack of notice of a call to the conscription office.
Military records of citizens with whom a civil-law agreement has been concluded is not to be conducted. This is stated in the letter of the Ministry of Defense of 13.11.2017, No. 321/7065.
