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PRESIDENTIAL DECREE OF UKRAINE

of June 10, 2016 No. 248/2016

About approval of the Regulations on passing of military service in the Armed Forces of Ukraine foreigners and stateless persons

(as amended of the Presidential decree of Ukraine of 03.09.2020 No. 372/2020)

According to part four of article 21-1 of the Law of Ukraine "About conscription and military service" I decide:

1. Approve Regulations on passing of military service in the Armed Forces of Ukraine as foreigners and stateless persons it (is applied).

2. This Decree becomes effective from the date of its publication.

President of Ukraine

P. Poroshenko

Approved by the Presidential decree of Ukraine of June 10, 2016 No. 248/2016

Regulations on passing of military service in the Armed Forces of Ukraine foreigners and stateless persons

I. General part

1. This Provision determines procedure for passing by foreigners and stateless persons (further - foreigners) military service in the Armed Forces of Ukraine.

2. Foreigners who on legal causes are in the territory of Ukraine can be accepted on military service under the contract in the Armed Forces of Ukraine (further - military service) in voluntary procedure.

Foreigners pass in voluntary procedure:

military service under the contract of faces of ordinary structure;

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

The contract on passing by foreigners or persons without citizenship of the corresponding type of military service in the Armed Forces of Ukraine according to appendix is signed with foreigners who voluntarily enlist (further - the contract on passing of military service).

The contract on passing of military service is the written agreement signed between the foreigner and the state on behalf of which the Ministry of Defence of Ukraine, for establishment of legal relations between the parties acts when passing military service.

3. The list of positions which cannot be replaced by foreigners is determined by the order of the General Staff of the Armed Forces of Ukraine.

4. Concerning the foreigners wishing to pass military service on positions of ordinary, sergeant and foreman structure in the Armed Forces of Ukraine data on legality of their stay in the territory of Ukraine, availability of identity documents, data on lack of criminal record, reliability of other information provided by foreigners are performed.

The organization of conducting verification of data is assigned to military commissioners by the direction of requests in the Ministry of Internal Affairs of Ukraine, the Public migratory service of Ukraine, Administration of the State Border Service of Ukraine and the Security Service of Ukraine which within the powers perform the specified check.

In case of establishment by results of verification of the data which are not conforming to the established requirements of acceptance of military service, the foreigner is not subject to acceptance on military service.

5. Foreigners who voluntarily enlist provide consent to processing of personal data, have obligatory medical examination of military commissariat by the military-medical commission, professional and psychological selection and hit the norms determined by the Ministry of Defence of Ukraine on physical training.

6. Foreigners who for the first time are accepted on military service in the Armed Forces of Ukraine assume official obligation on strict observance of the Constitution, the laws of Ukraine and fair accomplishment of obligations of military service.

7. Foreigners who according to the law pass military service are military personnel of the Armed Forces of Ukraine (further the military personnel). Belonging of foreigners to the military personnel is confirmed by military IDs of ordinary, sergeant and foreman structure which form and procedure for issue are established by the Ministry of Defence of Ukraine.

8. For the foreigners accepted on military service the probation period is established two months what it is told in the contract on passing of military service about.

9. The beginning and the end of passing of military service, terms of military service, and also age limit of stay on it is determined by the Law of Ukraine "About conscription and military service".

10. The military service comes to an end in case of dismissal of the serviceman from military service, his death (death), recognitions by court is unknown absent or announcements the dead.

11. Aggregate term of military service of the serviceman includes time of stay it on military service taking into account cases, stipulated in Item the 87th this provision. Aggregate term of military service is established in calendar calculation, and in the cases determined by the legislation - in preferential calculation.

In aggregate term of military service time of serving by the serviceman of such punishment as arrest or content in disciplinary battalion, and also the term of unauthorized leaving of military unit or the duty station for the term of over 10 days which is determined according to the order of the official on departure of the serviceman to the place of serving of arrest or content in disciplinary battalion and about its arrival, and also about the term of unauthorized leaving by it of military unit or the duty station is not set off. Excerpts from these orders join personal records of the military personnel and are the basis for entering of the corresponding records into accounting documents of the military personnel.

12. Passing of military service by the serviceman is reflected in its personal case which is processed according to the procedure and in form, established by the Ministry of Defence of Ukraine.

In the personal record the data provided by the law concerning the serviceman and members of his family, and also from its prior consent - other necessary data are entered.

Accounting treatment for the military personnel, forms and purposes of accounting documents, procedure for their creation and maintaining are determined by the Ministry of Defence of Ukraine.

13. Installation, change or the termination of legal relations of the foreigners passing military service (in particular, assignment and deprivation of military rank, lowering and recovery in military rank, appointment to positions and release from positions, movements on service, dismissal from military service, the conclusion and the termination (termination) of the contract, prolongation of its term, etc.), is drawn up written by orders on staff based on the relevant documents, namely:

1) representation in the form determined by the Ministry of Defence of Ukraine - on all military personnel in case of appointment to positions, movement, dismissal from military service;

2) the list of the military personnel represented to assignment of the next military ranks in the form determined by the Ministry of Defence of Ukraine;

3) the petition of officials in the form of the office characteristic in the form determined by the Ministry of Defence of Ukraine, official report, telegram, list, report if in the conditions of wartime it is impossible to process the documents determined by subitems 1 - 2 presents of Item, - on the military personnel in case of appointment to positions, movement, dismissal from positions and transfer in the order, dismissal from military service and assignment of military ranks by it.

The officials who signed the specified in-house documents are responsible for objectivity and reliability of the data stated in them.

The right to issue orders on staff is granted to commanders, commanders, chiefs, heads (further - commanders (chiefs) of bodies of military management, connections, military units, organizations, organizations, the highest military educational, military-medical and medical institutions, military educational units of higher educational institutions which contain on separate states (further - military units) on whose positions the state provides military rank of the lieutenant colonel (the captain 2 ranks) and above.

Orders by front part during the special period draw up prolongation of military service over fixed terms with the terms determined by part nine of article 23 of the Law of Ukraine "About conscription and military service".

The procedure for preparation and the publication of orders concerning passing of military service is established by the Minister of Defence of Ukraine.

II. Features of acceptance on military service

14. On military service under the contract of faces of ordinary, sergeant and foreman structure (further - on military service under the contract) foreigners according to articles 19 and 20 of the Law of Ukraine "About conscription and military service" are accepted.

15. Women from among foreigners can be accepted on military service under the contract in the presence of vacant military positions which can be replaced by the female military personnel.

16. The list of military positions which can be replaced by the female military personnel is determined by the Ministry of Defence of Ukraine.

17. The main conditions of acceptance on military service under the contract of the foreigner are:

recognition and execution by the foreigner of the Constitution of Ukraine and laws of Ukraine;

stay of the foreigner on legal causes in the territory of Ukraine;

absence at the foreigner of criminal record;

availability at the foreigner of the valid passport document of the foreigner or the identity document without nationality.

Procedure for selection and acceptance of foreigners on military service under the contract

18. Selection of foreigners on military service is made by military commissariats and military units.

During selection of foreigners to positions their previous experience of passing of military service, specialty and education is considered.

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