The Directorate of Digital Transformation in the Defence Sector of the Ministry of Defence of Ukraine provides an official statement on the legal validity of electronic and paper military registration documents.

Specifically, if a person has a military registration document in electronic form, for example, a mobile phone application or a printed military registration document with a QR code, such an electronic document is equivalent to a military registration document in paper form since all of them possess equal legal validity.

The availability of a military registration document in electronic form allows authorized officers of the Territorial Recruitment and Social Support Centers (TRSSCs), the National Police, and the State Border Guard Service to read it using any camera-equipped gadgets (such as smartphones or tablets) that support the installation of the Reserve+ application. For employers, it allows them to form a list of persons to be proposed for reservation for recruitment during mobilization and martial law.

Applicable legislation on military registration documents

According to the Law on Mobilization in Ukraine, male Ukrainian citizens aged 18 to 60 must have a military registration document on them when mobilization is in effect.

In particular, Article 22 of the Law on Mobilization delineates the duties of citizens in relation to the preparation and implementation of mobilization, mandating the presentation of a military registration document if requested by:

• An authorized representative of the Territorial Recruitment and Social Support Center (hereinafter referred to as TRSSC);
• Police officer;
• A State Border Guard Service representative operating in the frontier zone, within the supervised border area, and at the state border checkpoints in Ukraine.

In the process of document verification, the inspector may utilize technical apparatus, equipment, and specialized software with access to the Unified State Register of Conscripts, Persons Liable for Military Service, and Reservists.

Failure to meet the legal requirement for an individual to carry and present military registration documents for inspection is considered an administrative violation, which is punishable by a fine in accordance with Articles 210 and 210-1 of the Code of Ukraine on Administrative Violations.

The process of verifying military registration documents is determined by the Procedure for Conscription of Citizens for Military Service during Mobilization, for a Special Period, approved by the Resolution of the Cabinet of Ministers of Ukraine dated 16.05.2024 No. 560 (hereinafter - Resolution 560).

Resolution 560 stipulates that during the period of mobilization, authorized representatives of TRSSCs, police officers, and representatives of the State Border Guard Service have the right to demand from male citizens between the ages of 18 and 60 a military registration document (in paper or electronic form) together with an identity document.

Furthermore, Resolution 560 regulates the actions to be taken by the authorized representatives of the TRSSCs, the National Police, or the State Border Guard Service if the absence of a military registration document (in paper or electronic form) is established during the inspection. In particular, to enforce administrative detention of the person and convey them to the pertinent TRSSC or decline them to exit Ukraine by refraining from crossing the state boundary.

Thus, Resolution 560 refers to the verification of a military registration document (held by an individual in paper and/or electronic form) by authorized officers.

It is worth mentioning that in the process of document verification, authorized representatives of the TRSSCs, the National Police, or the State Border Guard Service may utilize technical apparatus, equipment, and specialized software with access to the Unified State Register of Conscripts, Persons Liable for Military Service, and Reservists. The utilization of specialized electronic devices is a privilege granted to authorized representatives rather than a requirement.

The option to utilize technical apparatus, equipment, and specialized software with access to the Unified State Register of Conscripts, Persons Liable for Military Service, and Reservists is provided for by the Regulation on Territorial Recruitment and Social Support Centers, approved by the Resolution of the Cabinet of Ministers of Ukraine dated 23.02.2022 № 154. And the rights of the National Police and the Administration of the State Border Guard Service to use technical equipment are defined in the applicable Regulations governing these entities and approved by the Resolutions of the Cabinet of Ministers of Ukraine dated 28.10.2015 № 877 and 16.10.2014 № 533.

Hence, the authorized personnel of the entities mentioned above responsible for verifying electronic military documents are supplied with appropriate technical means.

The protocol governing the format and issuance of a military registration document is determined by the Procedures for Execution and Issuance of Military Registration Documents for Conscripts, Individuals Required for Military Duty, and Reservists. These Procedures are approved by the Resolution of the Cabinet of Ministers of Ukraine dated 16.05.2024 No. 559 (hereinafter - Resolution 559).

In this way, Resolution 559 specifies the necessity of generating military registration documents in electronic and/or printed form.

The tools required to generate an electronic military registration document are as follows:

• Electronic account of a conscript, individual required for military duty, or reservist, with the use of the application installed on a person’s mobile device;
• Unified State Web Portal of Electronic Public Services in National Security and Defence
• Diia portal, including Diia Portal’s mobile application.

Resolution 559 stipulates that a military registration document in electronic form is generated free of charge upon request of a person after passing electronic identification and authentication, provided that the electronic device is connected to the Internet and the Unified State Register of Conscripts, Persons Liable for Military Service, and Reservists contains information about the person.

A military registration document in electronic form contains a unique electronic identifier in the form of a two-dimensional barcode (QR code).

The QR code contains information about the military registration document in electronic form, which can be reproduced in readable form, particularly in visual form, using appropriate technical means.

An electronic military registration document must have a QR code to be considered valid and cannot be utilized without it.

An electronic military registration document can be a printout. In this case, it must contain a readable QR code of the military registration document.

Paragraph 9 of Resolution 559 establishes that an electronic military registration document (including a printout) and a military registration document in a paper form shall have the same legal force and effect.

Therefore, the process of verifying a physical military registration document in paper form involves presenting the document for authentication. At the same time, the verification of an electronic military registration document is carried out by reading a QR code using technical means that allow reproduction of the information of an electronic military registration document in the format of an information message.

The QR code should be readable by technical devices, undamaged, and applied to a surface with sufficient size and contrast.

The only reason leading to the non-acceptance of an electronic military registration document is the inability of the QR code to be read by technical means.

Legislation in force regarding electronic reservations

When reserving individuals who are subject to military service, public authorities, enterprises, institutions, and organizations should refer to the Procedure for Reserving Individuals Liable for Military Service During Times of Martial Law, approved by the Resolution of the Cabinet of Ministers of Ukraine dated 27.01.2023 № 76 (hereinafter - Resolution 76).

According to Regulation 76, employers are responsible for submitting accurate information about persons liable for military service, as they compile lists of those liable for military service that are offered for reservation for the period of mobilization and wartime.

In this way, Paragraph 8 of Resolution 76 provides that the list shall be submitted together with a statement of reasons, including information on the conformity of the data of the persons liable for military service on the list with their military registration documents. To clarify, when compiling the list, the employer must verify that the details provided for an individual subject to military service are up to date.

For this purpose, a person liable for military service may provide the employer with either a paper or electronic (including a printout) military registration document, as they all have the same legal force, and Resolution 76 does not require that the military registration document be provided exclusively in paper form.

Furthermore, general provisions on the equal legal force of any documents in paper and electronic form are also contained in the Law of Ukraine On Electronic Documents and Electronic Documents Circulation. According to this law, when an electronic document and a physical document contain the same documentary information and details, both are considered original and hold equal legal force and effect. Accordingly, merely being in electronic form does not negate the legal validity of an electronic document. Similarly, an electronic document cannot be refused to be admitted as proof simply because it is in electronic form.