ORDER OF THE MINISTER OF DEFENCE OF THE REPUBLIC OF KAZAKHSTAN

of July 20, 2017 No. 372

About approval of Rules of compensation to the state of the budgetary funds spent for training of the military personnel in military educational institutions

According to Item 10 of article 26 of the Law of the Republic of Kazakhstan "About military service and the status of the military personnel", PRIKAZYVAYU:

1. Approve the enclosed Rules of compensation to the state of the budgetary funds spent for training of the military personnel in military educational institutions.

2. To provide to Department of Education and Science of the Ministry of Defence of the Republic of Kazakhstan in the procedure established by the legislation of the Republic of Kazakhstan:

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) the direction of the copy of this order in the Republican state company on the right of economic maintaining "The republican center of legal information" for inclusion in Reference control bank of regulatory legal acts of the Republic of Kazakhstan in paper and electronic types within ten calendar days from the date of state registration;

3) placement of the order on Internet resource of the Ministry of Defence of the Republic of Kazakhstan after its first official publication;

4) the direction of data in Legal department of the Ministry of Defence of the Republic of Kazakhstan on execution of the actions provided by subitems 1), 2) and 3) of this Item within ten calendar days from the date of state registration.

3. Declare invalid the order of the Minister of Defence of the Republic of Kazakhstan of June 18, 2012 No. 253 "About approval of Rules of compensation to the state of the budgetary funds spent for training of the military personnel in military educational institutions at military faculties" (it is registered in the Register of state registration of regulatory legal acts for No. 7774, No. 306-307 (27125-27126)) is published in the Kazakhstanskaya Pravda newspaper of September 12, 2012.

4. To impose control of execution of this order on the deputy defense secretary of the Republic of Kazakhstan on educational and ideological work.

5. Bring this order to officials in the part concerning them.

6. This order becomes effective after ten calendar days after day of its first official publication.

Approved by the Order of the Minister of Defence of the Republic of Kazakhstan of July 20, 2017 No. 372

Rules of compensation to the state of the budgetary funds spent for training of the military personnel in military educational institutions

1. These rules of compensation to the state of the budgetary funds spent for training of the military personnel in military educational institutions (further - Rules), are developed according to Item 10 of article 26 of the Law of the Republic of Kazakhstan "About military service and the status of the military personnel" (further - the Law) and determine procedure for compensation to the state of the budgetary funds spent for training of the military personnel.

2. According to the subitem 16) of Item 1 of Article 7 and Item 10 of article 26 of the Law for the cadets or cadets deducted from the highest military educational institution subordinated to the Ministry of Defence of the Republic of Kazakhstan for poor progress, indiscipline, on the initiative, as a result of dismissal from military service for negative motives, in connection with the termination of nationality of the Republic of Kazakhstan, and also the contract on passing of military service which refused to sign, compensates to the state the money corresponding to costs for providing with food, payment of grant and journey during its training in military educational institution, except for costs of the first year of training.

For the military personnel studying or who graduated from military educational institution in foreign state in case of dismissal from military service for negative motives, in connection with the termination of nationality of the Republic of Kazakhstan or on the office discrepancy which came to light following the results of certification shall refund to the state expenses for journey during its training in military educational institution, and also the money equivalent to the amount of the signed contract between the Republic of Kazakhstan and the country of training.

The specified obligations do not extend to the cadets and cadets deducted within the first year of training in military educational institution and not transferred to the following rate, sent in accordance with the established procedure to military units (organizations) for passing of remaining period of conscription military service.

3. Recovery in military educational institution or revenues to military service under the contract is the basis for suspension of money recovery, spent for training, for training and (or) passing of military service under the contract. After ten years of military service (for flight structure – fifteen years) under the contract in calendar calculation without the training period in military, special educational institution money recovery spent for training stops.

4. Accounting of the dismissed (deducted) military personnel is performed:

1) Personnel department of the Ministry of Defence of the Republic of Kazakhstan concerning the officers dismissed for negative motives;

2) Department of military education and science of the Ministry of Defence of the Republic of Kazakhstan (further – Department) concerning the deducted cadets and cadets.

5. The military unit (organization) through relevant organ of management informs Personnel department of the Ministry of Defence of the Republic of Kazakhstan no later than 10 working days on dismissal of the cadet, cadet or officer for negative motives and statement on military accounting.

6. The military unit through relevant organ of management within 10 working days informs Personnel department of the Ministry of Defence of the Republic of Kazakhstan on dismissal of the officer for negative motives and statement on military accounting.

7. For calculation of the expenses which are subject to compensation, the spent money for training of the military personnel, chiefs of military educational institutions, annually by November 20 constitute and approve with Department and represent for further approval at the deputy defense secretary of the Republic of Kazakhstan supervising questions of education, summary calculation of actual costs on training of one serviceman of Armed Forces of the Republic of Kazakhstan (further – summary calculation) in form, according to appendix to these rules in currency in which payment was made.

At the same time the compensation amount of money is calculated in national currency of the Republic of Kazakhstan at refunding rate of rate of National Bank of the Republic of Kazakhstan on the date of drawing of the requirement about compensation.

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