16-year-old boys on the military register: is it necessary to sign everything offered by the TCC

Recently, the society was shaken by the news that in Ukraine, boys who have turned 16 years old, when being registered at the Territorial Centers of Recruitment and Social Support (TCC and SP) must sign a form certifying the consent of a citizen to military service regarding his performance of measures of professional and psychological study and fill out the form about the social passport of the family. This requirement raises questions about the legality of signing such documents and the right of young conscripts and their families to waive certain obligations.

Lawyers of the “Repeshko and Partners” Bar Association commented on the legal nuances of signing these documents and explained what rights of a citizen can be defended without violating the law.

Indeed, the parents of the boys are very concerned about this issue, they increasingly began to contact us for clarification: which of the documents offered to be signed at the TCC are mandatory for signature. What rights does a citizen have when registering with the TCC and SP, and can families refuse to sign forms and social passports without legal consequences?

IN Ukraine during January-March of the year when the young man turns 17, he must register for the primary military registration – registration of conscripts. That is, if the boy celebrated his 16th birthday in 2024, he must be registered in 2025 while he is not yet 17. In order to be registered as conscripts, you need to bring your Ukrainian passport and a certificate with an identification code to the TCC and SP. On the spot, you need to write an application for registration and fill out some other interesting documents. After that, a personal case will be opened against the young man and his data will be entered in the “Oberig” register.

Previously, the TCC immediately determined the degree of suitability of a conscript, but according to the new ones rules, it will be possible to register without a medical examination. The VLK will need to be passed when a man becomes conscripted at the age of 25 and will be subject to mobilization. Or earlier, if he wants to go to serve in the army voluntarily.

On January 26, 2016, the Chief of the General Staff of the Armed Forces of Ukraine approved “Methodological recommendations for the organization and conduct of professional and psychological selection of citizens of Ukraine assigned to conscription stations.” It is this document that guides the employees of the TCC and SP when accepting young men for primary military registration.

This document is intended for officials of the TCC and SP who are involved in the organization and conduct of professional and psychological selection for military service in the Armed Forces of Ukraine. According to methodological recommendations, each conscript is carefully studied.

The following methods are used for socio-psychological study:

• document analysis,
• survey,
• individual interview.

The analysis of military-professional orientation involves the identification of: passions, inclinations and interests related to military service; reasons for choosing a certain military specialty; quality of assimilation of the initial military training program; ideas about life in the army environment, about the requirements that are put before a serviceman; the adequacy of the relationship between these requirements and one’s own capabilities during service in a military unit.

A characteristic is drawn up for each conscript. The characteristics of the conscript should reflect:

• general biographical information;
• information about violations of disciplinary and social norms, interpersonal relations,
• level of social maturity,
• social activism,
• moral qualities and military-professional orientation;
• indicators in education (work);
• characteristics of communication with comrades and behavior in the team;
• individual psychological qualities;
• bad habits and deviations in behavior;
• conclusions (must reflect the main, most characteristic positive and negative qualities and properties of the individual, abilities and inclinations, character traits, moods, social maturity, readiness for military service).

Social study of citizens subject to personal qualitative accounting is carried out by officials of military commissariats using methods of individual conversation, observation and study of documents. According to the results of the social study, a “Social passport” card is filled out for each citizen, the form of which is approved by Appendix 3 to this Methodology. It is a collection of data on the social characteristics of a conscript and factors that can negatively affect his moral and psychological state and his performance of military service tasks.

The social passport is intended for the collection, storage and use of information by officials of military commissariats for work with personnel. It includes three main thematic sections:

– biographical data and marital status;

– state of health;

– possible negative impact factors.

The section “Biographical data and marital status” contains the following basic data:

• surname, first name, patronymic;
• date of birth;
• number of full years;
• residential address; phone;
• education;
• place of work;
• marital status;
• family members;
• dependent persons;
• average family income.

The “Health status” section contains the following data:

• diseases;
• injuries;
• registration in psychiatric, narcological, tuberculosis, and venereology dispensaries.

The section “Possible factors of negative influence” contains the following data:

• wife’s employment;
• living conditions;
• availability of outstanding loans;
• criminal record; belonging to religious organizations, the teaching of which prohibits taking up arms;
• willingness to perform military duty and factors that prevent its performance.

It should be noted that the information contained in the social passport should not be disclosed.

Given that we are talking about 16-year-old boys, some points of the social passport raise questions for the person who made it, or rather for those who use it. After all, the Methodology does not specify in which case they should be used, they simply define: “Methodological recommendations for the organization and conduct of professional and psychological selection of citizens of Ukraine who are assigned to conscription stations…”.

It is necessary to know that from a psychological point of view two methods are used for personality scanning.

The method of assessing the level of neuropsychological stability (“Prognosis” method). The methodology has 84 questions (considerations), to each of which the examinee answers “yes” or “no”. The results are displayed as quantitative indicators (in points), based on which a conclusion is made regarding the level of neuropsychological stability. The analysis of the answers makes it possible to clarify individual biographical information, behavioral characteristics and the state of a person’s mental activity in various situations.

Here are some questions from this technique:

If I don’t face a fine and there are no cars nearby, I can cross the street as I want, and not in a designated place.

I rarely have constipation.

I am concerned about sexual (gender) issues.

I think that I am a doomed person.

I often see dreams about which it is better not to tell anyone.

Someone is controlling my thoughts.

I loved Andersen’s fairy tales.

I know of cases when my relatives were treated by neurologists and psychiatrists.

I have convicted relatives.

I have had reasons to go to the police.

At the same time, the “Accentuation” technique (Smishek’s test-questionnaire) is used.

The questionnaire is designed to diagnose the type of personality accentuation. The test contains 10 scales and consists of 88 questions to which you must answer “yes” or “no”. Here are some of them:

Do you try to check after dropping the letter in the mailbox, whether it is not left hanging in the slot?

Could you kill a person?

Does a crookedly hung curtain or an unevenly laid tablecloth bother you so much that you want to immediately eliminate these defects?

Were you afraid to stay alone in the apartment as a child?

Is it difficult for you to enter a dark basement?

Are you tormented by vague thoughts that any misfortune will happen to you or your relatives?

Can you be so captivated by a movie that tears will come to your eyes?

Is it difficult for you to go to the cemetery at night?

Do you take great care to ensure that every thing in the house is in its place?

Do you have a habit of checking before going to bed or before leaving to see if the gas and lights are turned off, or if the door is closed?

As you can see, some questions are very specific, especially for young people, but you need to understand that these tests are psychological and were made by specialists.

At the same time, there is more instruction on the organization of professional and psychological selection in the Armed Forces of Ukraine and the State Special Service of Transport was approved by the order of the Ministry of Defense of Ukraine dated 12.09.2022 No. 27212.09.2022 No. 272. It determines the organization and conduct of professional and psychological selection activities of citizens during registration at conscription stations, conscription for military service service, service in the military reserve, selection candidates for military service under a contract in the Armed Forces of Ukraine and the State Special Transport Service. It is more complex and, in contrast to the Methodology, concerns more precisely those persons who are subject to conscription, rather than registration. However, there is no mention of a “social passport” in these instructions, but there is a card for professional and psychological selection of the candidate and a list of methods that are used in one or another case.

In addition to the “social passport”, there are many questions regarding the “form of certification of a citizen’s consent to military service”. Based on its content and wording, it is a written consent to conduct such psychological research and not to military service.

Based on the analysis of the specified normative acts, the form is not approved by any normative legal act.

We always advise everyone to learn to carefully read everything you sign. In addition, there is currently a unique opportunity to take a photo of any document you hold on your phone. Even when you have already signed something, but you have doubts, be sure to take a photo of the document and, at the first opportunity, get qualified advice from specialists on this matter.