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In brief

On 19 May 2024, the Law of Ukraine “On Amendments to the Code of Ukraine on Administrative Offenses to Improve Liability for Violation of Military Registration Rules and Legislation on Defence, Mobilisation Preparation and Mobilisation” No. 3696-IX dated 9 May 2024 (“Law“) came into force. The Law increases liability for violations of the military registration rules and legislation on defence, mobilisation preparation, and mobilisation. In particular, it significantly increases the amount of administrative fines. The Law also extends the timeframe for imposing administrative fines and changes the procedure for their imposition.


Key changes

  • Violation of the rules of military registration by conscripts, persons liable for military service, and reservists could result in a fine of up to UAH 25,500 (approx. USD 647).
  • The maximum liability for violation of the legislation on defence, mobilisation preparation and mobilisation is as follows: (i) for individuals — a fine of up to UAH 25,500 (approx. USD 647); and (ii) for officials of a legal entity — a fine of up to UAH 59,500 (approx. USD 1,510).
  • During Martial Law, an administrative penalty may be imposed within three months after the above offences are discovered to have been committed, but no later than one year from the date they are committed.
  • The authority to impose penalties is vested in the territorial Military Registration Office, and no protocol for administrative offenses will be drawn up.

Recommendations

We recommend that employers in Ukraine consider how the above legislative changes will affect their business activities, including hiring and dismissing employees. We can provide you with a summary (in English) of the employer’s obligations and required actions in accordance with the Procedure for Organisation and Maintenance of Military Registration of Conscripts, Persons Liable for Military Service and Reservists upon request.

Click here to access the Ukrainian version.

Author

Lina Nemchenko is partner in Baker McKenzie's Real Estate Practice Group in Kyiv and she is head of the Employment & Migration practice. Lina was named "Best in Real Estate" by European Women in Business Law Awards, and she is the only Ukrainian lawyer to ever receive this accolade.

Author

Mariana Marchuk has about 20 years of practical experience in the areas of labor and migration, compliance and anti-corruption, commercial and international trade law, M&A and pharmaceutical regulation. Ms. Marchuk joined Baker McKenzie’s Kyiv office in 1997 as an associate. From 1999 to 2004 she worked in Moscow, as an associate for a major Wall Street law firm and subsequently for Baker McKenzie. In 2004, she returned to the Firm’s Kyiv office and in 2010 she became a counsel.