Report on persons liable for military service, form 6. Military registration of citizens, organization and reporting to the military registration and enlistment office
Every enterprise has people liable for military service. The article will help you properly organize military registration. Read the proposed material that will help the employer organize military registration work.
In accordance with the Federal Law “On Defense” dated May 31, 1996 No. 61-FZ (clause 6, clause 1, article 8) All organizations, regardless of their form of ownership, must maintain military records. Process military registration regulated by the Decree of the Government of the Russian Federation of November 27, 2006 “On approval of the Regulations on military registration.”
You must report on the maintenance of military records to the military registration and enlistment offices at the location of the organization. This procedure follows from paragraphs 27, 30 and 32 of the Regulations, approved by Decree of the Government of the Russian Federation of November 27, 2006 No. 719.
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Which employee should keep military records in the organization?
The head of the organization is responsible for the state of military registration in the organization (clause 6 of article 1 of the Law of March 28, 1998 No. 53-FZ, clause 9 of the Regulations approved by Decree of the Government of the Russian Federation of November 27, 2006 No. 719). He may appoint an employee responsible for military registration work. For this . The order must also indicate the employee who will replace the person responsible for military registration during his absence (for example, vacation or business trip). In case of temporary absence, the employee responsible for military registration must, according to the act, transfer documents for maintaining records to the second employee. This is stated in paragraph 22, approved by the General Staff of the Armed Forces of the Russian Federation.
Is it possible to assign the responsibility for maintaining military records to an accountant?
Yes, you can. For this purpose, the obligation to maintain military records should be provided for in employment contract or job description accountant (paragraph 2, letter from Rostrud dated October 31, 2007). If the employee’s duties do not include maintaining military records, then such work can be assigned to an accountant by registering an internal job or part-time job.
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Who is subject to military registration
Employees subject to military registration, according to paragraph 14 of Resolution No. 719, include:
- conscripts;
- persons liable for military service.
How to determine that an employee whom an organization hires is subject to military registration
Attitude to military duty can be determined by a citizen’s passport Russian Federation(clause 49 of resolution No. 719). When hiring a new employee, you need to check his passport. If a citizen is subject to military registration, then there will be a stamp on the 13th page of the passport "Conscription"(clause 11 of the Description of the passport form approved by the Decree of the Government of the Russian Federation of July 8, 1997).
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Which employees are not subject to military registration?
According to paragraph 15 of the Regulations approved by Decree of the Government of the Russian Federation of November 27, 2006 No. 719, the following employees are not subject to military registration:
- exempted from military duty in accordance with the Law of March 28, 1998 No. 53-FZ (for example, recognized as unfit or partially fit for military service for health reasons, having completed military service in another state, etc.);
- undergoing military service or alternative civilian service;
- females who do not have a military specialty;
- permanently residing outside of Russia;
- having military ranks of officers and being in the reserves of the Russian Foreign Intelligence Service and the Russian FSB.
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Legislation on military registration at an enterprise
- Labor Code of the Russian Federation ().
- the federal law dated 05/31/1996 (clause 6, clause 1, article 8).
- Decree of the Government of the Russian Federation of November 27, 2006.
- in organizations, approved. General Staff of the Armed Forces of the Russian Federation
- Federal Law of March 28, 1998.
- "Rules for maintaining a single state register legal entities and provision of the information contained therein”, approved by Decree of the Government of the Russian Federation of June 19, 2002 No. 438 (clause 19).
- Code of Administrative Offenses of the Russian Federation ().
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Notification of the military registration and enlistment office, organization and maintenance of military records?
Notification of the military registration and enlistment office
The employer is obliged to notify the military commissariat and (or) local government authorities within two weeks about the hiring and dismissal of an employee who is subject to military registration (subparagraph “a”, paragraph 32 of the Regulations, approved by Decree of the Government of the Russian Federation of November 27, 2006 No. 719 ).
You can send information using the form given in Appendix 9 to Methodological recommendations, approved by the Russian Ministry of Defense on July 11, 2017.
If you do not provide such information, it will be imposed (Part 3 of Article 21.4 of the Code of Administrative Offenses of the Russian Federation).
Organization and maintenance of military records
Everything is described in great detail in the sources below.
- Source 1
The military registration and enlistment office can check the correctness of the organization of military registration
Military commissariats check the maintenance of military records in organizations. Such inspections are carried out once a year for organizations with more than 500 employees and at least once every three years for employers with fewer employees.
When conducting an inspection, military commissariats establish:
- complete coverage of citizens with military registration;
- quality of military registration;
- completeness and accuracy of the data contained in the personal cards of people subject to military registration;
- organizing and ensuring the fulfillment by citizens of military registration duties, fulfillment by officials of organizations of the requirements of legislation on military duty and military registration.
The results of inspections are communicated by the military registration and enlistment office to the heads of organizations and reflected in the logs of inspections of military registration, which are kept in military commissariats (local government bodies) and in organizations. The form of the magazine was approved by order of the Russian Ministry of Defense dated July 18, 2014 No. 495.
If serious shortcomings are identified in the maintenance of military records by organizations, military commissars report this to the military commissariats of the constituent entities of the Russian Federation and the higher authority to which the organization being inspected is subordinate (if any). In addition, if certain violations in the field of military registration are identified, the guilty employees of the organization may be brought to administrative responsibility under Articles 21.1–21.4 of the RF Code on administrative offenses.
Such rules are established by subparagraph 8 of paragraph 17 of the Regulations approved by Decree of the President of the Russian Federation dated December 7, 2012 No. 1609, paragraphs 3–9 of Appendix 2 to the Instructions approved by order of the Russian Ministry of Defense dated July 18, 2014 No. 495, and paragraph 1 of Article 26.1 of the Law dated December 26, 2008 No. 294-FZ.
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Does an entrepreneur need to keep military records for his employees?
An entrepreneur is not required to keep military records (subclause 6, clause 1, article 8 of the Law of May 31, 1996 No. 61-FZ, clause 7 of Article 8 of the Law of March 28, 1998 No. 53-FZ).At the same time, he, like other employers, must request military registration documents from persons applying for work (Part 1, Part 3 of Article 11, Part 4 of Article 20 of the Labor Code of the Russian Federation).
However, liability for failure to inform about the hiring of employees without military documents is provided only for organizations (). Therefore, an entrepreneur can maintain military registration documents (for example, enter information about military registration in an employee’s personal card), but is not required to provide information about employees to the military registration and enlistment office. In addition, the entrepreneur does not have the right to refuse an applicant who has not submitted Required documents about military registration, in hiring.
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FINE for violating the procedure for maintaining military records
Note: clause 54 of the Regulations approved by Decree of the Government of the Russian Federation of November 27, 2006 No. 719
For failure to submit within the prescribed period to the military commissariat or other body carrying out military registration, lists of employees subject to initial military registration, a fine of 300 to 1000 rubles is imposed. ().
For failure to notify an employee of a summons from the military commissariat, as well as failure to ensure the possibility of timely attendance when summoned, a fine of 500 to 1000 rubles is provided. ().
Late submission of information about changes in the composition of permanently residing citizens or citizens staying for more than three months in a place of temporary residence, who are or are required to be registered with the military, is punishable by a fine in the amount of 300 to 1000 rubles. ().
For failure to report information about hired/dismissed employees who are or are required to be registered with the military, the organization will have to pay from 300 to 1000 rubles. ().
Employees may also be held liable for failure to fulfill military registration obligations. For example, the failure of a citizen who is or is required to be registered with the military to appear upon a call (summons) from the military commissariat in set times and place without a good reason entails a warning or the imposition of an administrative fine in the amount of 100 to 500 rubles. (). The same punishment threatens those who did not report a change in marital status, education, place of work, or position to the military registration and enlistment office or other body that carries out military registration at their place of residence within the prescribed period.
All violations in the field of military registration for which administrative responsibility, are not classified as lasting. The period for holding them accountable does not exceed two months from the date of commission (Part 1 of Article 4.5 of the Code of Administrative Offenses of the Russian Federation).
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Guidelines on the preparation of reports on the state of military registration and reservations for citizens staying in reserve Form 6
_____________________________________ _______________________________________ ____________________________ (manager) (signature) (initials, surname) Note: State authorities and local governments can clarify the data included in Form 6 (by type of economic activity, by category of managers, specialists, employees and workers). in the line “Managers” - heads of state authorities, local governments, organizations; in the line “Specialists” - specialists engaged in engineering, technical, scientific research, economic, managerial and other work. Agronomists, livestock specialists, veterinarians, land managers, land reclamation specialists and other specialists working in organizations Agriculture, as well as in subsidiary rural and farm enterprises; Specialists working in the field of mining; Specialists working in manufacturing industries; Specialists working in the production and distribution of electricity, gas and water; Specialists working in construction; Specialists working in the field of transport and communications; All specialists working in the education system; All specialists working in the healthcare and social services system; All specialists working in other types of economic activity; in the line “Employees” - archivists, clerks, cashiers, secretaries-typists, draftsmen, bookkeepers, timekeepers and other employees related to employees who prepare and process documentation, housekeeping, accounting and control; in the line “Workers” - all workers 2. Line “Total” (sum of lines 1 to 4). 3. Filling out vertical columns must be done in compliance with the following requirements: Column 2 “Total workers” includes all working men and women of all ages, both civil servants and citizens exempt from military service in peacetime and war, and citizens subject to conscription for military service, as of December 31 of the reporting period. Those working part-time or seasonally, as well as part-time and evening students educational institutions, are included in the report of organizations at the place of their main work. Column 3 “Total” (sum of columns 4+5) includes the number of GPPs from the total number of employees in organizations; The number of GPZ does not include: ILIs that have reached age limit being in the reserve and subject to deregistration; GPZ removed from military registration due to health reasons; persons of military age who are registered with the military as citizens subject to conscription for military service; Column 6 “Total” (sum of columns 7+8) includes the number of reserved gas stations. Column 9 “Note” includes the number of GPZs that have mobilization orders. Form 19 on the provision of labor resources (managers, specialists, qualified workers and employees) from among citizens in reserve for the period of mobilization and during wartimeV ________________________________________________________________________________________ (name of government body, local government body or organization) as of "__" ________ 20__
Supervisor_____________________________________________________________________________________________________________ (signature, initials, surname) Note: 1. The percentage of labor resources is shown with one decimal place and calculated using the formulas: a) in case of shortage: % = 100 – shortage/need x 100%; b) in case of excess: % = 100 + excess/demand x 100%. 2. Keep data on drivers in a separate line, and when filling out the “Total” line, do not sum it up twice with the number of workers.
The procedure for filling out an organization’s registration card in Form 18 The card is filled out on 1 sheet of A4 format (standard sheet) on both sides and submitted to the reservation commission of the District Administration, to the department of the military commissariat at the location of the organization, to a higher organization or to other authorities (if necessary) annually before December 1, as of as of December 31 of the reporting year. Filling out by hand is not allowed. Registration number, assigned by the commission, is recorded in the organization.
Note: 1. Mobilization order - a red document pasted into a military ID with a mark from the military commissariat about its delivery. 2. Codes OKATO, OKPO, OKOPF, OKFS and OKVED, as well as INN and OGRN are indicated in accordance with the constituent documents of the organization, data from the state statistics body and are clarified with the organization’s accountant. 3. When filling reverse side cards should be guided by the following algorithms: 10.1=10.1a+10.1b; 10.2=10.1-10.3-10.5). Citizens specified in clause 10.4 are not taken into account in clause 10.1. 4. The card is signed by the head (acting head) of the organization with a transcript of the signature, initials and date. The signature is certified by the seal of the organization. 5. When liquidating an organization (introducing a monitoring procedure or bankruptcy proceedings), it is necessary to report this to the district reservation commission (mobilization employee of the District Administration).
LIST _____________________________________________________________________________________________________________________________________ (name of company) for which it is necessary to issue deferments from conscription for military service during mobilization and in wartime in accordance with the List of Positions and Professions
__________________________________________________________________ (manager, signature, initials, surname) M.P. Note: For citizens in the reserve who need to re-register deferments from conscription for new positions, the “Note” column indicates the positions for which they were previously reserved. |