LAW OF THE REPUBLIC OF ARMENIA

of November 29, 2017 No. ZR-195

About military service and the status of the serviceman

Accepted by National Assembly of the Republic of Armenia on November 15, 2017

Section 1. General provisions

Chapter 1. Basic provisions

Article 1. Subject of regulation of the Law

1. This Law governs the relations within the constitutional obligation of citizens to participate in defense of the Republic of Armenia, connected with training of citizens for military service, the organization and implementation of military service and reserve readiness, and also legal and social guarantees of the military personnel, members of their families and persons equated to the military personnel.

Article 2. Legislation on military service

1. The legislation on military service and the status of the serviceman consists of the Constitution of the Republic of Armenia, international treaties of the Republic of Armenia, this Law and other regulatory legal acts.

2. Provisions of this Law extend to the military personnel of bodies of homeland security in parts of privates and the military personnel of younger officers and not the regulated Law of the Republic of Armenia "About service in bodies of homeland security".

Section 2. Military service

Chapter 2. Content of military service

Article 3. Military service

1. The military service is the type of public service in Armed forces and other troops of the Republic of Armenia established by the law. Persons serving in Armed forces and other troops of the Republic of Armenia according to the procedure, established by this Law and other laws, are considered as the military personnel. The service or training of citizens of the Republic of Armenia in Armed forces and other troops or military schools of foreign states, and also service or training of citizens of foreign states in Armed forces and other troops or military schools of the Republic of Armenia are regulated by the relevant agreements.

2. The military service includes:

1) attraction to obligatory military service by means of appeal or to military charges or by the conclusion of the contract or challenge on training sessions;

2) purpose to military position and assignment of military rank;

3) implementation of the obligations following from military service and the status of the serviceman;

4) dismissal from military service.

3. The citizen passing military service for the first time takes the oath in fidelity before national flag of the Republic of Armenia and fighting flag of military unit. The text of the oath is established by the law. Persons having military training in training process take the military oath at the meeting organized within the training program.

Article 4. Principles and forms of the organization of military service

1. The principles of the organization of military service are:

1) individual and centralized management;

2) rule of the Constitution of the Republic of Armenia and laws;

3) bezostatochny commitment of the military personnel to protection of the Republic of Armenia;

4) professionalism of the military personnel;

5) first priority of the rights and freedoms of the military personnel;

6) respect of honor and advantage of the military personnel and prohibition of discrimination;

7) legal and social protection of the military personnel and members of their families.

2. Attraction to military service is performed:

1) by means of appeal:

and. for the citizens who are subject to obligatory military service according to part 1 of article 19 of this Law;

. for the citizens who did not reach 18-year age, arrived in military schools, according to the procedure, established by part 3 of this Article;

2) under the contract:

and. for the citizens who are consisting in reserve or submitted the application for passing of contractual military service or arrived in military schools;

. for the female citizens who submitted the application for passing of contractual military service;

3) by means of appeal on military charges - for the citizens consisting in reserve;

4) by challenge on the training sessions held within mobilization preparation of reserve - for the citizens consisting in reserve.

3. The appeal of the citizen who did not reach 18-year age which arrived in military school will be organized by documentary registration - entering of records into accounting military documents of the specified citizen in the corresponding military commissariat about receipt in military school and registration as the cadet according to Item 3 of part 1 of article 6 of this Law.

Article 5. Types and terms of military service

1. Types of military service are:

1) urgent;

2) reserve;

3) mobilization.

2. Compulsory military service consists of obligatory and contractual military services.

3. The obligatory military service is the main form of implementation of the constitutional obligation of citizens of the Republic of Armenia to participate in defense of the Republic of Armenia. The service organized in Armed forces and other troops by means of appeal is considered obligatory military service. The citizens who did not pass obligatory military service with violation of the law cannot be accepted on public service.

4. The term of obligatory military service is established:

1) for ordinary structure - 24 months, and for persons specified in part 5 of article 26 of this Law - 3 years;

2) for officers of reserve - 24 months;

3) for the persons which did not pass obligatory military service and arrived in military schools - for the term of training in military school which as regards pupils in military schools of military-medical nature, includes also training term in internship.

5. The procedure for acceptance in military schools approves the Government of the Republic of Armenia. In military schools can participate in acceptance, the citizens who did not reach 18-year age and also the citizens up to 23 years who are subject to appeal on obligatory military service, the military personnel, citizens consisting in reserve, female citizens. The citizens who did not pass obligatory military service and arrived in military schools in training process are considered as the military personnel of obligatory conscription service, and the rights and obligations established by the law for the military personnel of obligatory conscription service extend to them.

6. The citizen who reached 18-year age, dismissed in training process according to own statement or because of expel from military school based on recognition unusable to training in military school for health reasons or unsatisfactory progress or authority punishment, goes to continue obligatory military services of ordinary structure according to the procedure, stipulated in Item 4 parts 2 of article 7 of this Law. In the term of obligatory military service in this case only the period of training of the citizen deducted from military school for health reasons and also the period served earlier by the serviceman who arrived in military school in the course of military service is estimated. The citizens deducted or dismissed from military school before achievement of 18-year age are registered in draft department of military commissariat of the place of their accounting and during the appeal announced on reaching them 18-year age are subject to appeal on obligatory military service in accordance with general practice.

7. The obligatory military service can be replaced with alternative service according to the procedure, on conditions and the terms established by the law. The appeal on alternative service is performed according to parts 1 and 4 of article 19 of this Law.

8. The service organized in Armed forces and other troops on the basis of the contract is considered contractual military service. Contracts for passing of contractual military service are signed for a period of 3-12 month either two, or three, or four, or five years, and with the citizens who arrived in military schools - for the term of training in this military school and posteducational 10 years that as regards the citizens who did not pass obligatory military service includes also the training period as obligatory military service.

9. The service performed during the training sessions organized according to the procedure and the terms established by this Law within reserve readiness is considered reserve military service.

10. The service organized on the basis of mobilization appeal within the colors called in the cases established by the law is considered mobilization military service. The mobilization military service is performed before the termination in the procedure for circumstance established by the law which formed the basis for the announcement of mobilization.

Article 6. Beginning and termination of military service

1. The beginning of military service is considered:

1) for the citizens who are called up for obligatory military service or called on mobilization appeal or reserve military service - in appearance day in military commissariat for the purpose of departure on the duty station;

2) for the citizens enlisting contractual - in day of entry into force of the contract;

3) for the citizens who arrived in military schools - in day of registration as the cadet in this military school.

2. The military service is considered the military unit (body of military management) ended in day of withdrawal of the serviceman from lists of staff and satisfaction (providing) in connection with dismissal from military service.

Article 7. Procedure of payments of term of military service

1. Aggregate term of military service joins the entire period of stay of the serviceman on military service established by this Law. Aggregate term of military service is determined by calendar calculation. Also preferential calculation of term of military service can be established by the law.

2. In the term of military service for the serviceman are not estimated:

1) the period of execution of punishment in the form of imprisonment or arrest;

2) the period of the detention or arrest applied as measure of restraint;

3) the period of unauthorized escape of military unit or the duty station or stay on treatment of the serviceman who intentionally worsened condition of the health by the self-damage proved in the procedure established by the law, or otherwise irrespective of the reasons and also the period of repeated inspection of the state of health of the serviceman according to its requirement if by results of inspection need of treatment of the serviceman is absent;

4) the period of training of the cadets deducted from military schools according to the procedure of authority punishment or because of unsatisfactory progress or refusal of training or contractual military service in the case specified regarding the 4th article 54 of this Law in the aggregate term of obligatory military service established by this Law;

5) in case of refusal person specified in part 5 of article 26 of this Law from the contract during the term of the agreement - days of stay in monthly leave according to part 12 of article 28 of this Law, in the aggregate term of obligatory military service established by this Law;

6) the period of passing of contractual military service with violation of this Law.

3. In the cases provided by part 2 of this Article, fixed term of obligatory military service is supplemented with number of the missed calendar days by order of the head of the state authorized body.

4. In the cases provided by Items 1 and 2 of part 2 of this Article, the specified terms are estimated in the term of military service of the serviceman if the serviceman received the status justified in the procedure established by the law.

Article 8. The restrictions applied to person which is on military service

1. The serviceman has no right:

1) to perform other paid work, except scientific, educational and creative work. At the same time public service is priority concerning the work specified in this Item;

2) to hold elective or other offices in state bodies or local government bodies, except for the military positions established by this Law;

3) to create parties or religious associations, to enter any party or labor union and if is member of religious consolidation - to perform propaganda activities in the course of military service and among colleagues;

To use 4) for not office purposes the material values, technical, financial and information means which are state-owned property;

5) to organize strikes or to participate in them;

6) to use official capacity for the propaganda performed for benefit of batches, religious, public organizations and their activities;

7) personally to be engaged in business activity;

8) to earn reward for the publications or performances following from execution of service duties;

9) to receive gifts, money or services from other persons for service duties, except as specified, stipulated by the legislation the Republic of Armenia.

2. The rights and obligations of the military personnel, including the voting right and procedure for participation in referenda, the disciplinary right and disciplinary responsibility are established by the law.

3. Non-compliance with the restrictions set by part of 1 this Article attracts use of the disciplinary, and also established by the law other responsibility to the serviceman.

Chapter 3. Positions of military service and military ranks

Article 9. Classification of positions of military service

1. Positions of military service are classified by commander's and not commander's structures.

2. Positions of commander's structure are subdivided into the following groups:

1) the highest commander's;

2) the senior commander's;

3) average commander's;

4) younger commander's.

3. Positions of not commander's structure are classified by the following groups:

1) the highest officer;

2) the senior officer;

3) younger officer;

4) the senior unter-officer;

5) younger unter-officer;

6) ordinary.

4. The nomenclature of the main positions included in separate groups of positions of military service is established by the Government of the Republic of Armenia. The nomenclature of the positions equated to the main highest commander's and highest officer positions of military service is established by the Government of the Republic of Armenia, and the nomenclature of the positions equated to other main positions is established by the head of the state authorized body.

5. Compliance between the main positions of military service in systems of bodies of the Ministry of Defence of the Republic of Armenia, homeland security, police, the main positions of criminal and executive and rescue service establishes the Government.

6. Military positions can be considered equal each other or above or lower according to the position taken by them in groups of positions.

Article 10. Lists of the military personnel, military ranks and terms of their execution

1. In Armed forces and other troops of the Republic of Armenia the following lists of the military personnel and military ranks are established:

1) ordinary structure with military ranks "private" and "corporal";

2) unter-officers which, in turn, consist from:

and. younger unter-officers with military ranks "lance sergeant", "sergeant", "staff sergeant", "foreman";

. the senior officers with military ranks "corporal", "senior corporal";

3) officers which, in turn, consist from:

and. younger officers with military ranks "lieutenant", "senior lieutenant", "captain";

. the senior officers with military ranks "major", "lieutenant colonel", "colonel";

century of the highest officers with military ranks "major general", "lieutenant general", "colonel general", "general".

2. Terms of carrying military ranks:

1) the lance sergeant - 1 year;

2) the sergeant, the staff sergeant, the foreman - 2 years;

3) the corporal - 3 years;

4) the lieutenant - 2 years;

5) the senior lieutenant - 2 years;

6) the captain - 3 years;

7) the major - 3 years;

8) the lieutenant colonel - 4 years.

3. For carrying military ranks "private", "corporal", "senior corporal", "colonel" and other high military ranks term is not established.

4. Military ranks (except for the highest officers) happen the first and next. The first military rank for ordinary structure the military rank "private", for unter-officers - military rank "lance sergeant", for officers - military rank "lieutenant" is considered. Other military ranks of unter-officer and officer structures (except for the highest officers) in the corresponding structures are considered as the next military ranks.

5. The term of carrying the military ranks established by part 2 of this Article is estimated from the date of assignment of rank. Also join in this time:

1) the periods interrupted owing to involvement of the serviceman to illegal criminal liability, deprivation of military rank or lowering in military rank or receipts of authority punishment or detention or application of arrest as measure of restraint on the criminal proceedings stopped based on lack of case of crime or actus reus in act and also illegal demobilization and further recovery;

2) the period of stay in reserve, at the same time for the faces consisting in reserve, the term of carrying this military rank - is one year more than the terms, established by part 2 of this Article.

6. In service life of the military personnel accepted on military service from reserve with the available military rank time of carrying the military rank given in reserve is estimated.

Article 11. Assignment of military rank "lieutenant"

1. The military rank "lieutenant" is given:

1) the serviceman who graduated from military school or officer rates, not having officer rank, at the same time to the serviceman who graduated from military school of military-medical nature, the military rank "lieutenant" is appropriated after the termination of internship;

2) to the citizens who had military training in training process in higher educational institutions, after appeal on obligatory military service according to the procedure, established by this Law;

3) the serviceman having the higher education, appointed to officer position;

4) to the citizens who are consisting in reserve and having the higher education after participation in the actions organized within reserve readiness.

Article 12. Assignment of the senior unter-officer military ranks

1. The military rank "corporal" is given:

1) the serviceman who is passing contractual military service and having military rank "foreman", occupied which the established post corresponds to military rank of the senior unter-officers and the term of carrying the previous military rank expired;

2) the serviceman having military rank of ordinary or younger unter-officers, who ended the appropriate professional training program of the senior unter-officers;

3) the serviceman who enlisted contractual and appointed to position of the senior unter-officer group which have military rank of younger unter-officers and the higher education.

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