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Mandatory photo and video recording: new changes in the instructions for the use of Territorial Recruitment and Social Support Centers technical devices

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On October 11, Instructions on using technical devices with photo and video recording functions by territorial recruitment and social support centers came into force. It provides:

  • Mandatory and continuous use of portable video recorders by authorized persons of Territorial Recruitment and Social Support Centers. 
  • After the end of the working day, video recorders and memory cards are handed over to responsible persons for safekeeping. 
  • Photo and video materials are stored on the server for 30 days from the moment they are uploaded, and this period may be extended in case of an appeal against the actions of authorized persons. 
  • Video materials must be viewed online at least once a week to verify the performance of duties by authorized persons.

After changes in the law on mobilization from 18.05.2024, videos of conflicts appear in social networks and the media. You can see how Territorial Recruitment and Social Support Center representatives use physical force while delivering summonses. Such situations often arise due to the provocation of conscripts themselves. The recording from the video recorder of the Territorial Recruitment and Social Support Centers employee records the entire conflict from beginning to end. It can be used as evidence in court or during administrative cases. In particular, in case of violation by the Territorial Recruitment and Social Support Centers employees. In addition, checking video recorders and memory cards confirms that the recordings are genuine. As early as 2023, most Territorial Recruitment and Social Support Centers began to use body cameras by alert groups on their initiative, which significantly affected the objectivity of coverage of the work process of representatives of Territorial Recruitment and Social Support Centers.

Volunteers can join the Armed Forces without the participation of the Territorial Recruitment and Social Support Centers.

Commanders of military units can now mobilize volunteers directly without the involvement of territorial recruitment centers. Cabinet Resolution No. 1130 approved such changes.

The volunteer mobilization algorithm looks like this:

  • A volunteer submits an application to the commander of a military unit requesting to be called to a certain position, attaching a passport, documents on education and specialty, and military registration documents.
  • The commander sends the volunteer to the Military Medical Commission.
  • After passing the Military Medical Commission and making professional and psychological selections, the commander issued an order on enlistment for military service and inclusion in the personnel lists.

This approach guarantees the volunteer the opportunity to get to that military unit and the position he indicated in the application. After all, there are cases when the recruitment system does not work based on referrals from the unit through the Territorial Recruitment and Social Support Centers. Sometimes, persons who wish to serve in one or another part have passed the selection and training and are sent to another part by the decision of the Command of the Land Forces. The one they got the referral from was different. Such a practice will lead to the depreciation of faith in recruiting and cases of voluntary abandonment of units.

It should be noted that this is a return to the contract signing procedure that existed until the beginning of 2023. However, the commander of a military unit, after signing a contract with a citizen of Ukraine, a foreigner, or a stateless person, is obliged to send to the Territorial Recruitment and Social Support Centers at the place of military registration of the conscript/reservist within seven days an extract from the order on conscription for military service and enrollment in the lists military unit Such information interaction between the commander of the military unit and the Territorial Recruitment and Social Support Centers will contribute to the proper maintenance of military records and a reliable assessment of the available mobilization resource.

In addition, the government approved an experimental project on mobilization through Diia. To do this, a person can apply mobilization to the selected position in the Armed Forces in electronic form.  The person will confirm the person's suitability for health without passing a medical examination and psychological testing.

The procedure for reserving military services has been suspended until November 15 

On October 8, the Cabinet of Ministers sent the Extract from Protocol No. 103 to the regional administrations with the following instructions:

  • Conduct an audit of enterprises, institutions, and organizations recognized as critically important for the economy and the population's life, involving Territorial Recruitment and Social Support Centers employees.
  • Cancel conscription deferments if it is found that the reservation of a conscript was unjustified.

In addition, from October 20, 2024, the technical possibility of booking employees has been temporarily suspended in the "Action" application.

These measures are aimed at streamlining the reservation of conscripts, which will allow for balancing the army's needs and ensure the continuous operation of enterprises important to society.

Booking allows you to save critical employees for enterprises. Carrying out this procedure through "Diia" reduced the number of days a permit can be obtained from 1.5 months to 3 days. However, there was a problem with the app's automatic booking. Because it was also received by those who have not updated their data or are wanted for violation of military records or business entities with unpaid taxes, the audit should correct these deficiencies and restore the efficiency of the process.

Absent from the unit without authorization, but service continues draft law.

Deputies and the Verkhovna Rada Committee on National Security, Defense, and Intelligence proposed changes to Article 24 of the Law "On Military Duty and Military Service." The bill contains the following innovations:

During martial law, military service is not terminated for those who voluntarily left the military unit or deserted.

If a serviceman voluntarily leaves the unit for the first time but returns within 72 hours and is ready to continue his service, his payments, benefits, and social guarantees are restored. 

In NAKO's opinion, this draft law will discourage the desire to serve truly motivated Ukrainian citizens instead of stimulating their morale at the front. It can also negatively impact mobilization plans. It is necessary to understand that only awareness of the inevitability of punishment for offenses by ordinary military personnel, the command staff, and military leadership can change the negative trend of desertion.

Draft law on the use of private land for fortifications

Deputies and the Verkhovna Rada's Committee on National Security proposed changes to the Land Code and the Law "On the Transfer, Compulsory Expropriation or Expropriation of Property."  

The changes temporarily deprive the right to use the land for martial law if the plot is needed to construct military or fortification structures. Or the permanent removal of the land plot through redemption or forced expropriation, with assessing the value and drawing up relevant acts. The military command decides to confiscate property. No later than 90 days after the end of martial law, the military must decide to either dismantle the structures and return the plot to the owner or leave the structures in place and buy the land. 

This bill aims to resolve conflicts between military needs and the rights of land owners under martial law.

In addition, legislative changes analyzed by NAKO experts earlier – on the service of foreigners in officer positions and on the ratification of the Rome Statute – entered into force.