Can the bank accounts of conscripts who entered fake addresses in “Reserve+” be blocked

On May 18, 2024, the Ministry of Defense of Ukraine launched the “Reserve+” mobile application for conscripts, conscripts and reservists. According to the developers, it was implemented to relieve the burden on territorial centers of recruitment and social support (TCC and SP), as well as to assist conscript citizens of Ukraine in updating their data with the least amount of time and with maximum comfort.

Lawyers of the “Repeshko and Partners” Bar Association, at the request of “FACT” IA, commented on the legal principles of creating the “Reserve+” application, as well as the types of liability of conscripts who, when updating their data, specified a fake address.

It should be noted that as of May 18, 2024, the start of operation of the “Reserve+” program was not considered official, but currently, according to the available information, the operation of the application is regulated by the resolution of the Cabinet of Ministers of Ukraine dated May 10. However, it is a document with limited access, and therefore is not widely available and on the official pages of authorities. Therefore, it is difficult to conduct a legal analysis of the application and its regulatory regulation.

As of now, almost one and a half million citizens of Ukraine have updated their military registration data through “Rezerv+”, which indicates a high level of trust in this application. According to the changes made to the legislation regulating mobilization processes, it is necessary to clarify the military registration data by July 16, 2024. Periodically, messages appear in the information space that they want to extend the specified term, understanding the number of people who need to update their data and the complexity of this process, but for now the specified term remains unchanged.

According to current regulations, the authorization and clarification of military account data through “Reserve+” is an exclusively voluntary process. If this is not done through “Rezerv+”, then the citizen needs to specify personal data through TCC and JV or Centers for providing administrative services, which is not always convenient, taking into account the queues in these bodies, as well as the fact that TsNAPy do not work during air alarms. Therefore, “Rezerv+” is an excellent alternative to this process – quickly and without queues.

“Rezerv+” is a mobile for a relationship that can be used by men aged 18 to 60 and women conscripted into the military. “Reserve+” does not apply to: men under the age of 18, men over 60, women who are not conscripted, military personnel and persons excluded from military registration.

To clarify the data through “Reserve+”, you need to take a few simple steps:

• Set mobile for relationship;
• Log in using the banking ID;
• Confirm personal data, namely phone number, e-mail and actual address;
• Set a password or configure biometric login.

After updating the data, information from the “Oberig” registry will be available and the current status of the conscript will appear. In the event that there are errors in the “Oberig” register or out-of-date data about a person, the citizen should contact the TCC and SP at the place of their registration.

However, it is necessary to remember that in the future, all actions of the TCC and SP in relation to a conscript must take place upon summons through a summons. This is where you need to be especially careful when installing the application, because the address specified during installation and registration is very important.

The Law of Ukraine dated May 9, 2024 amended the Code of Ukraine on Administrative Offenses in terms of increasing liability for violations of military accounting rules and legislation on defense, mobilization training, and mobilization. Currently, according to Art. 210 of the Code provides for a fine ranging from UAH 17,000 to UAH 25,500 for violation of military accounting rules by conscripts, conscripts or reservists in a special period. According to Art. 2101 of the Code for violation of the legislation on defense, mobilization training and mobilization in a special period, the amount of the fine also ranges from UAH 17,000 to UAH 25,500.

In accordance with the legislative changes, the protocol is not drawn up in the case of committing during a special period of administrative offenses provided for in Articles 210, 210-1 of this Code, consideration of which is assigned to the competence of the TCC and SP, if the person did not appear without valid reasons or did not report the reason for non-arrival at summoning the TCC and the JV, having been duly notified of the date, time and place of the summons, and in the presence of the TCC and the JV confirming documents that the person received the summons.

In accordance with the “Procedure for Conscripting Citizens for Military Service During Mobilization for a Special Period” approved by Resolution of the Cabinet of Ministers of Ukraine No. 560 of May 16, 2024, calling citizens to district (city) TCCs and SPs during mobilization is carried out by delivering (sending) a summons to the approved sample

Proper confirmation of the notification of a reservist or conscript about a call to the district (city) territorial TCC and SP is:

1) in case of delivery of a summons:

• personal signature on receipt of summons;
• a video recording of the delivery of the summons or familiarization with its content, including a video recording of the proof of the act of refusal to receive the summons;
• a video recording of a reservist’s or conscript’s refusal to communicate with a person authorized to serve summonses.

2) in the case of sending a summons by postal means:

• the date of receipt of such postal item by a person, which is confirmed by information and/or documents from the postal operator;
• the day of marking the refusal to receive mail in the postal message or the day of marking the absence of a person at the address of the person’s place of residence, notified by this person to the TCC and SP when clarifying their account data;
• the day of marking the refusal to receive mail in the postal message or the day of marking the absence of a person at the address of the declared/registered place of residence in accordance with the procedure established by law, if this person has not notified the TCC and SP of a different address of the place of residence.

A summons to call up a reservist or a conscript to the district (city) TCC and SP can be sent by postal means by registered mail (postal with a declaration of value with a description of the attachment) with a notice of delivery to the address of his place of residence after the end of 60 days assigned by law to clarify their account data, including the address of the place of residence.

If a reservist or conscript does not specify his residential address within 60 days, the summons is sent to his registered/declared residential address.

The day of appearance at the summons of a reservist or conscript is determined no earlier than the 14th day from the day of sending the summons by postal means by registered letter with a notice of delivery.

Therefore, a postal message on which a note is made that a person is absent from the address where he is registered, or which he declared as his place of residence, provided that the specified person has not notified the TCC and SP of another address of his residence, will be considered a proper notification person and entails the issuance of a resolution on the imposition of an administrative fine without the need to draw up an administrative protocol. The same applies to a postal message with a note that a person is absent at the address specified when updating military registration data.

Thus, the TPK and SP will have all the grounds for passing a resolution on the imposition of an administrative fine against a person without his actual appearance before the TCC and SP. According to the notification procedure, everything will be carried out properly, and the responsibility for the timeliness and accuracy of the specified address, as well as the duty to receive the summons, rests exclusively with the conscript/reservist.

In the future, there are two ways for the decision to impose an administrative fine on a conscript/reservist. Either a person learns about the existence of a fine against him in a timely manner, and will pay it in a timely manner and voluntarily, or if the person does not know or “does not want” to know about the existence of a fine, its collection will be enforced. The decision on the imposition of an administrative fine from the TCC and JV is transferred to the department of the state executive service, which has quite wide powers, and even in the absence of many personal data, it can easily establish them. Therefore, specifying an incorrect or erroneous address of residence, registration will not be reflected in the work of the performer. He can find out, in case of absence, the individual tax number of a person, his place of work, place of registration, as well as all available accounts in bank institutions.

According to the legislation that regulates executive proceedings, first of all, recovery is imposed on the debtor’s funds in national and foreign currencies, other valuables, including funds in the debtor’s accounts in banks and other financial institutions. Cash funds found in the debtor’s possession are withdrawn and used to repay the debt.

In the event that the debtor does not have funds and other valuables sufficient to satisfy the debt collector’s demands, enforcement is immediately applied to other property belonging to the debtor, except for property that cannot be levied according to the law.

In turn, repayment of an administrative fine does not release a person from committing actions for which a fine was imposed on him.

In addition, Article 336 of the Criminal Code of Ukraine provides punishment for evasion of conscription for military service during mobilization, for a special period, for military service upon conscription of reservists during a special period. Pursuant to Article 337 of the Criminal Code of Ukraine, punishment is imposed for the evasion of a conscript, a conscript, a reservist from military registration after a warning issued by the relevant head of the TCC and SP.

Currently, in accordance with the Law of Ukraine “On the Unified State Register of Conscripts, Conscripts and Reservists”, information is entered into the register of conscripts, conscripts and reservists, namely, personal data and official data of conscripts, conscripts and reservists received from conscripts , conscripts and reservists or through electronic information interaction with other information and communication systems, registers (including public ones), data bases (banks), the holders (administrators, administrators) of which are state bodies, the mechanism of this interaction with other information and communication systems have not been tested and adjusted. However, it is currently unknown how and to which registers the Ministry of Defense and TCC and JV will have access.

The main thing we want to warn against is that you should not enter fake addresses when specifying military account data in official registers, because such actions can lead to extremely negative consequences.

Conscripts who entered a fake address when updating their data in the “Reserve+” application will receive fines. In addition, their bank account can be blocked. The fact is that a fake residential address is a violation of military registration rules. In such cases, a report may not be drawn up, but a fine may be imposed immediately and bank accounts may be blocked.

In addition, if the information specified in columns 1-5, 13 and 14 of the military registration document on the form does not correspond to the information contained in the “Oberig” Register, it is considered invalid. This is stated in Cabinet Resolution No. 559 of May 16, 2024, which entered into force on May 18 and which approved the new form of VOD. At the same time, if during the verification of documents, for example, on the street, a discrepancy between the data of the “old” military registration document and the “Oberig” Register is established, the person may even be detained.