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PRESIDENTIAL DECREE OF UKRAINE

of December 29, 2009 No. 1115/2009

About Regulations on passing by citizens of Ukraine of military service in the State Border Service of Ukraine

(as amended on 27-09-2021)

According to article 2 of the Law of Ukraine "About conscription and military service" I decide:

1. Approve Regulations on passing by citizens of Ukraine of military service in the State Border Service of Ukraine it (is applied).

2. Determine that contracts on passings of military service which were signed before entry into force of the Law of Ukraine of April 4, 2006 No. 3597-IV "About introduction of amendments to the Law of Ukraine "About general conscription and military service" are effective during the term for which they were imprisoned.

3. Ceased to be valid according to the Presidential decree of Ukraine of 27.09.2021 No. 486/2021

4. This Decree becomes effective since January 1, 2010.

President of Ukraine

V. Yushchenko

Approved by the Presidential decree of Ukraine of December 29, 2009 No. 1115/2009

Regulations on passing by citizens of Ukraine of military service in the State Border Service of Ukraine

I. General part

1. This Provision determines procedure for passing by citizens of Ukraine (further - citizens) military service in the State Border Service of Ukraine (further - State frontier service) in peace time and features of passing of military service in it during the special period.

This Provision is applied also to the relations which arise in connection with passing in bodies of State frontier service of personnel military service faces of officers before their transition in accordance with the established procedure to military service under the contract or dismissal from military service.

2. Citizens pass military service in State frontier service (further - military service) in voluntary procedure or at the call of.

Citizens who pass military service in State frontier service are military personnel of State frontier service (further - the military personnel). The status of the serviceman is confirmed by the official or special ID.

The form and procedure for issue of official and special IDs is established by the order of the Ministry of Internal Affairs of Ukraine.

3. In State frontier service citizens pass in voluntary procedure:

military service (training) of cadets of the highest military educational institutions, and also institutions of higher education which incorporate military institutes, faculties of military preparation, department of military preparation, department of military preparation;

military service under the contract of faces of ordinary structure;

military service under the contract of faces of sergeant and foreman structure;

military service under the contract of faces of officers.

The contract is signed with citizens who voluntarily enlist (further - military service under the contract).

At the call of citizens pass:

compulsory military service;

military service during mobilization, for the special period;

military service of faces of officers.

4. Citizens who voluntarily enlist under the contract or are called up for military service, have obligatory medical examination according to the procedure which affirms the order of the Ministry of Internal Affairs of Ukraine in coordination with the central executive body as health care industry.

5. Citizens who enlisted under the contract or at the call of take Military oath of allegiance to the Ukrainian people according to the procedure, determined by the Charter of internal service of the Armed Forces of Ukraine.

6. The beginning and the end of passing of military service, terms of military service, and also age limit of stay on military service are certain the Law of Ukraine "About conscription and military service".

7. The end of passing by the citizen of military service the day celebrated in the order on the serviceman's exception of lists of staff of Administration of State frontier service or its prospecting body, regional governments, bodies of protection of frontier, groups of Sea protection, educational institutions, research establishments or bodies (divisions) of providing State frontier service (further - bodies of State frontier service) in connection with its dismissal from military service in inventory or in resignation, death (death), recognition by court without message absent or the announcement the dead is considered.

8. Aggregate term of military service is established in calendar calculation, and in the cases determined by the legislation - in preferential calculation.

9. The military personnel elected People's Deputies of Ukraine, deputies of the Verkhovna Rada of the Autonomous Republic of Crimea or elected to elective offices in local councils on which they work at permanent basis is affiliated in the Verkhovna Rada of Ukraine, the Verkhovna Rada of the Autonomous Republic of Crimea or local councils with their leaving on military service (further - the military personnel affiliated in the Verkhovna Rada of Ukraine, the Verkhovna Rada of the Autonomous Republic of Crimea or local councils).

Military personnel (except the military personnel of compulsory military service) can be sent in state bodies, the companies, organizations, the organizations, and also the public and utility institutions of education for task performance for the benefit of defense of the state and its safety with their leaving on military service.

Military personnel can be sent for passing of military service abroad as national personnel, to foreign diplomatic organizations of Ukraine, for study (for preparation, retraining or advanced training), for accomplishment of special tasks of prospecting or counterprospecting nature and in other purposes provided by the law (further - the military personnel who is directed abroad).

10. The military personnel can be directed from their consent for passing of military service in the Armed Forces of Ukraine, the Public special service of transport, Management of the state protection of Ukraine, Public service of special communication and information security of Ukraine and others, the military forming formed according to the laws of Ukraine (further - other military forming) with their exception of lists of staff of bodies of State frontier service.

Military personnel of other military forming, citizens of Ukraine who have special ranks of average of the senior and highest commanding structure or class ranks and serve in law enforcement agencies, can be accepted on military service under the contract in State frontier service with their transfer in lists of staff of bodies of State frontier service after their exception of lists of staff of other military forming or law enforcement agencies.

Citizens of Ukraine who have special ranks of average the senior and highest commanding structure or class ranks and serve in law enforcement agencies are accepted on military service under the contract of faces of officers in State frontier service with simultaneous assignment of military ranks by it according to the procedure of the recertification which is carried out with observance of requirements of this provision.

The direction of the military personnel from State frontier service for further passing of military service in other military forming, and also the direction of the military personnel or persons having special ranks of average, the senior and highest commanding structure or class ranks from other military forming or law enforcement agencies in State frontier service is performed in coordination with the Chairman of the State Border Service of Ukraine and heads of other military forming or law enforcement agencies in the consent of the serviceman (person having special rank or the class rank) and drawn up by orders of the Chairman of the State Border Service of Ukraine.

Military personnel of State frontier service who was accepted for passing of military service in prospecting bodies of Ukraine with their exception of lists of staff of bodies of State frontier service have the right to return in the procedure established by the legislation to State frontier service in the presence of vacant position for further passing of military service with transfer in uninterrupted length of service of time service of stay in prospecting bodies of Ukraine.

11. Passing of military service by the serviceman is displayed in its personal case which is processed according to the procedure and in form, established by the order of the Ministry of Internal Affairs of Ukraine.

In the personal record with observance of requirements of the legislation the data on the serviceman and members of his family connected with passing of military service other necessary data are entered.

12. Establishment, change or the termination of legal relations of the military personnel with the state, in particular their inclusion in lists of staff of bodies of State frontier service or exception of such lists, assignment and deprivation of military ranks, lowering and recovery in military ranks, appointment to positions and dismissal from positions, movement on service, dismissal from military service, leaving on military service over age limit of stay on military service, the direction abroad, the conclusion and the termination (termination) of the contract, continuation of its term and so forth, is drawn up by written orders based on documents which types and form are established by the order of the Ministry of Internal Affairs of Ukraine.

13. The right to issue orders on staff is had the Chairman of the State Border Service of Ukraine and it agrees to the powers determined by it officials from among his deputies, the head of prospecting body of Administration of State frontier service, chiefs (commanders) of regional governments, bodies of protection of frontier, groups of Sea protection, the rector of the highest military educational institution of State frontier service, chiefs of the training centers, research establishments and bodies of providing containing on separate states and on which positions the state provides military rank of the lieutenant colonel (the captain 2 ranks) and above (further - chiefs).

The procedure for preparation and the publication of orders concerning passing of military service is established by the order of the Ministry of Internal Affairs of Ukraine.

II. Acceptance on military service under the contract

14. On military service under the contract citizens according to articles 19 and 20 of the Law of Ukraine "About military obligation and military service", including the military personnel of other military forming with their transfer in lists of staff of bodies of State frontier service are accepted.

The procedure for selection and acceptance of citizens on military service under the contract is established by the order of the Ministry of Internal Affairs of Ukraine.

15. Acceptance of citizens on military service under the contract is performed by the Chairman of the State Border Service of Ukraine and chiefs of bodies of State frontier service who have the right to issue orders on staff according to powers, certain Item 29 of this Provision.

Concerning candidates for occupation of military positions special inspection according to the procedure, established by the law is carried out.

For fitting of State frontier service with the military personnel candidates for occupation of the military positions connected with accomplishment organizational and administrative or administrative type duties, are accepted to such positions in case:

emergence of the crisis situation menacing to homeland security of Ukraine - before receipt of results of special check;

announcements of the decision on carrying out mobilization and (or) introduction of legal regime of warlike situation - without conducting special check.

16. The territorial center of completing and social support in which the citizen stays on the military registry is informed on results of selection and acceptance of the citizen on military service under the contract.

Contract types

17. The contract - the written agreement signed according to the requirements determined by this Provision between the citizen and the state on behalf of which the authorized body of State frontier service, for establishment of legal relations between the parties acts during passing of military service is signed with the citizen who enlists.

The following contract types can be concluded with the citizen who enlists:

the contract on passing by citizens of Ukraine of military service in the State Border Service of Ukraine on positions of faces of ordinary structure (appendix 1);

the contract on passing by citizens of Ukraine of military service in the State Border Service of Ukraine on positions of faces of sergeant and foreman structure (appendix 1);

the contract on passing by citizens of Ukraine of military service in the State Border Service of Ukraine on positions of faces of officers (appendix 1);

contract on passing of military service (training) by cadets of the highest military educational institution of the State Border Service of Ukraine (appendix 2);

18. The first contract on passing of military service is signed:

with persons who are accepted to positions of ordinary structure, - for a period of 3 years;

with persons who are accepted to positions of sergeant and foreman structure, - from 3 to 5 years depending on the consent of the parties;

with the military personnel who finished the highest military educational institutions and military educational units of institutions of higher education according to the program of preparation for passing of military service on positions of faces of officers and seized:

to specialties of aircrew of aircraft, - for a period of 10 years;

other specialties, - for a period of 5 years;

with citizens and the military personnel who served the term of military military service of faces of officers and are accepted on military service under the contract of faces of officers, - from 1 to 5 years depending on the consent of the parties.

19. The contract on study is signed with cadets of the highest military educational institutions of State frontier service for the period of their study in these educational institutions.

20. The term of passing of military service can be prolonged under the new contract before age achievement of limit of stay on military service:

for faces of ordinary structure - 3 years;

for faces of sergeant and foreman structure - the term from 3 to 5 years;

for faces of officers - for a period of 5 up to 10 years.

For faces of officers which have pension entitlement for long service at will the term of passing of military service under the new contract can be prolonged for a period of 2 up to 10 years, but no more than before age achievement of limit of stay on military service.

During action of the special period for the military personnel at will the term of passing of military service under the new contract can be prolonged for a period of 1 up to 10 years, but no more than before age achievement of limit of stay on military service.

21. The term of the last contract on passing of military service is determined by time which remained before achievement of stay by the age serviceman of limit on military service, or time on which it is left on military service over age limit of stay on military service.

21-1. For the military personnel of conscription military service and the military personnel of military military service during mobilization, for the special period which during action of the special period served at least 11 months of persons dismissed from military service during action of the special period who are accepted on military service under the contract during the period from the moment of the announcement of mobilization until introduction of warlike situation or the announcement of the decision on demobilization, the term of military service in calendar calculation is established six months. The term of passing of military service for such military personnel can be extended under new contracts for six months or for the terms determined by part four of article 23 of the Law of Ukraine "About conscription and military service". In case of the end of the special period or announcement of the decision on demobilization such contracts are terminated ahead of schedule.

Entry into force of the contract

22. The term of the contract is estimated complete years, except conclusion cases with the serviceman of the contract before achievement of age limit of stay by it on military service or the conclusions of the contract for a period of six months according to the paragraph to the second part three of article 23 of the Law of Ukraine "About conscription and military service".

23. The term of the contract is estimated from the date of its introduction in force.

The first contract on passing of military service becomes effective:

with citizens of military age who have the higher, professional, complete or basic general secondary education and did not undergo compulsory military service, persons liable for call-up, and also women who have no military ranks of officers, accepted on military service under the contract, - from the date of transfer in lists of staff of body of State frontier service;

with the military personnel who finished the highest military educational institutions, military educational units of institutions of higher education according to the program of preparation for passing of military service on positions of faces of officers, and also with faces of sergeant and foreman structure which are accepted on military service under the contract of faces of officers, - from the date of assignment of military rank of officers;

with the military personnel who finished the highest military educational institutions, military educational units of institutions of higher education according to the program of preparation for passing of military service on positions of faces of sergeant and foreman structure, and also with faces of ordinary structure which are accepted on military service under the contract of faces of sergeant and foreman structure, - from the date of position assignment of sergeant and foreman structure;

with faces of ordinary structure, sergeant and foreman structure and officers which undergo military service, and the military personnel who undergoes military military service during mobilization, for the special period, - from the date of the publication of the order on acceptance on military service under the contract;

with the faces of officers staying on personnel military service with the military personnel at whom during the special period the duration of the contract about passing of military service expired and which action is extended, in case of continuation of military service under the new contract after the announcement of demobilization - from the date of the conclusion of the contract;

with other military personnel - from the date of transfer in lists of staff of body of State frontier service.

The contract on training becomes effective from the date of position assignment of the cadet.

24. The new contract on passing of military service becomes effective from the date of, the termination of effective period of the existing previous contract following behind day, except for the military personnel at whom operation of the contract on passing of military service is extended during the special period.

25. About the date of entry into force of the contract in its first and second copies the corresponding entry which makes sure the signature of the chief of body of State frontier service based on which order the serviceman is enlisted in lists of staff of this body is made, and sealed official noted body of State frontier service.

After the conclusion of the contract the personnel division in the personal record of the serviceman makes the corresponding entry.

Termination (termination) of the contract

26. The contract stops (is broken off), and the serviceman which to pass military service under the contract, is exempted from military service on the bases provided by part five of article 26 of the Law of Ukraine "About military obligation and military service".

27. Day of the termination (termination) of the contract are:

1) day of the expiration of the contract;

2) the day specified in the order of the chief of body of State frontier service on the serviceman's exception of lists of staff of this body in case of early termination (termination) of the contract;

3) day of entry into force of the contract on training in case of arrival of person of ordinary structure, sergeant and foreman structure in the highest military educational institution;

4) the day coming after day of death (death) of the serviceman;

5) day of entry into force of the new contract - in case of change by the serviceman of one type of military service on another;

6) the day specified in the order of the rector of the highest military educational institution on the cadet's exception of lists of staff;

7) the date of death specified in the death certificate of the serviceman in case of establishment judicially the fact of death of the serviceman in certain time or announcements his dead;

8) day of the introduction in legal force of the judgment about recognitions of the serviceman in the procedure established by the law it is unknown absent.

Recognition of the serviceman is unknown absent either the announcement the dead or factual determination of death of the serviceman is performed according to the procedure, determined by the Code of civil procedure of Ukraine, according to the statement of the chief of body of State frontier service in which the serviceman served or at the disposal of which it was if other persons filed such petition.

The contract does not stop (is not broken off), and the serviceman is not excluded from lists of staff of body of State frontier service in case:

stay on treatment;

capture or the hostage, and also internments to the neutral state;

unknown absence - before its recognition in the procedure established by the law it is unknown absent or announcements the dead;

approaches of other cases determined by the legislation. 

28. In case of the termination (termination) of the contract in copy of the contract which remains in the personal record of the serviceman entry with indication of the bases and date of the termination (termination) of the contract which makes sure the signature of the chief of body of State frontier service, in which the serviceman served is made, and sealed official this body.

The serviceman at will gives to personnel division of body of State frontier service the copy of the contract in which the corresponding entry with indication of the bases on which the contract is stopped is made (is broken off).

Rights of officials of bodies of State frontier service to the conclusion of contracts, modification of them

29. The right to the conclusion of the contract on passing of military service and modification of it is provided:

1) to the chief of body of State frontier service who has the right to issue orders on staff - with all military personnel of ordinary structure, sergeant and foreman structure, officers, in military ranks to the major (the captain 3 ranks) inclusive passing military service in this body, and also with citizens who are accepted on military service in this body to positions of faces of ordinary structure, sergeant and foreman structure;

2) to the rector of the highest military educational institution of Gospogransluzhbys citizens, the faces of ordinary structure, sergeant and foreman structure accepted for study in this educational institution (the contract on study) by listeners, adjoints, doctoral candidates at whom during study contract term, and also with cadets about passing of military service under the contract on officers positions after the termination of the highest military educational institution of State frontier service ended;

3) to the chief of regional government, the rector of the highest military educational institution of State frontier service - with persons specified in the subitem of 1 this Item and also with the faces of officers in military ranks to the lieutenant colonel (the captain 2 ranks) inclusive passing military service in divisions of this regional government or bodies subordinated to it, the highest military educational institution of State frontier service;

To 3-1) head of prospecting body of Administration of State frontier service - with persons specified in the subitem of 1 this Item and also faces of officers in military ranks to the colonel (the captain of 1 rank) inclusive which pass military service in this prospecting body;

4) to the Chairman of the State Border Service of Ukraine - with all military personnel of State frontier service, citizens who are accepted on military service under the contract in bodies of State frontier service, and also with persons translated for passing of military service from other military forming and law enforcement agencies and with cadets of final year of the highest military educational institutions of other military forming, military educational units of institutions of higher education which undergo study by request of State frontier service.

Conclusion of the contract

30. The contract is signed in duplicate, signed by contract parties. The official is ratified official stamp of body of State frontier service.

One copy of the contract remains in the personal record of the serviceman, the second - at the serviceman.

31. The contract is the basis for the publication of the order on acceptance of the citizen on military service under the contract, about continuation of military service under the new contract, about leaving of the serviceman on service over age limit of stay on military service. The relevant order is issued also in case of entering into the contract of changes in the case provided by paragraph one of Item 33 of this Provision.

32. Military personnel who passes military service under the contract and persons interested to continue its passing, sign the new contract in case:

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