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Ministry of Justice

Republic of Tajikistan 

 On February 4, 2021 No. 3

LAW OF THE REPUBLIC OF TAJIKISTAN

of January 29, 2021 No. 1753

About conscription and military service

Accepted by the Resolution MH MOPT of January 20, 2021, No. 302

Approved by the Resolution MM MORT of January 25, 2021, No. 113

This Law governs the public relations connected with execution by citizens of the Republic of Tajikistan of conscription and military service.

Chapter 1. General provisions

Article 1. Basic concepts

In this Law the following basic concepts are used:

- conscription - the constitutional obligation of citizens of the Republic of Tajikistan on protection of the Homeland, protection of interests of the state, strengthening of its independence, safety and defense power;

- military service - type of public service in Armed Forces of the Republic of Tajikistan, other troops and military forming;

- obligatory compulsory military service - type of military service of the citizens of the Republic of Tajikistan who reached (male) 18-year age whose appeal in armed forces of the Republic of Tajikistan, other troops and military forming on military positions of privates, sergeants and officers is performed in the terms and procedure established by this Law;

- voluntary military service - type of military service of citizens of the Republic of Tajikistan, irrespective of floor, according to the procedure and the conditions established by this Law;

- military service as a part of mobilization draft reserve - type of military service in which citizens of military age have no right to delay or release from appeal, but can serve in voluntary procedure;

- military accounting - system of accounting of persons liable for call-up of the Republic of Tajikistan;

- the military ID - the single undated personal accounting and military document of the citizen determining its belonging to military service and the relation to conscription;

- the certificate of release from conscription - the document issued to the citizens who did not undergo obligatory compulsory military service and military service as a part of mobilization draft reserve;

- persons liable for call-up are the citizens of the Republic of Tajikistan staying on the military registry;

- the military personnel is the citizens of the Republic of Tajikistan passing military service in Armed Forces of the Republic of Tajikistan, other troops and military forming;

- recruits are the citizens (male) Republic of Tajikistan who reached 18-year age, accepted on accounting in military commissariats (local authorities of military management of the cities and areas) for the purpose of appeal for passing of military service in Armed Forces of the Republic of Tajikistan, other troops and military forming;

- military position - the established post in bodies, military divisions of Armed Forces of the Republic of Tajikistan, other troops and military forming created for the purpose of implementation of their powers in the field of defense and safety of the state according to the procedure, established by regulatory legal acts;

- military rank - the distinctive military mark appropriated to military personnel and persons liable for call-up depending on education, post and length of service;

- delay - transfer of appeal of citizens of the Republic of Tajikistan for other term of military service on the bases provided by this Law;

- stay in structure of inventory - execution by persons liable for call-up of the Republic of Tajikistan of the obligations connected with condition on military accounting and service in military charges;

- military charges - the events held in Armed Forces of the Republic of Tajikistan, other troops and military forming on military training, enhancement of military knowledge of the military personnel and persons liable for call-up for the purpose of increase in combat readiness and mobilization.

Article 2. Legislation of the Republic of Tajikistan on conscription and military service

The legislation of the Republic of Tajikistan on conscription and military service is based on the Constitution of the Republic of Tajikistan and consists of this Law, other regulatory legal acts of the Republic of Tajikistan, and also the international legal acts recognized by Tajikistan.

Article 3. Coverage of this Law

1. This Law establishes the organizational and legal basis of military accounting, preparation, appeal and arrival of citizens on military service, procedure for passing and dismissal from military service, accounting as a part of inventory of Armed Forces of the Republic of Tajikistan, conscription of citizens and power of the central executive bodies of the government, local executive bodies of the government and self-government institutions of settlements and villages in this sphere.

2. According to this Law the military service is provided in the Armed Forces of the Republic of Tajikistan, other troops and military forming created according to the legislation of the Republic of Tajikistan.

3. During mobilization and in warlike situation military obligations of citizens of the Republic of Tajikistan are determined by the laws and other regulatory legal acts of the Republic of Tajikistan.

Article 4. Principles of conscription and military service

The military service is based on the following principles:

1) legality;

2) respect of rights and freedoms of man and citizen;

3) commitment to the Homeland and people of Tajikistan;

4) commitment to the President of the Republic of Tajikistan - to the Supreme Commander Armed Forces of the Republic of Tajikistan;

5) respect for military discipline;

6) protection of the rights and freedoms of the military personnel, their immunity during execution of military obligations by them;

7) one-man management and observance of subordination;

8) independence of activities of political parties, public and religious associations.

Article 5. Conscription of citizens

1. The conscription of citizens of the Republic of Tajikistan provides:

1) military accounting;

2) preparation for military service;

3) conscription;

4) passing of military service;

5) stay in inventory;

6) appeal on military and special charges.

2. The conscription is fulfilled by citizens of the male Republic of Tajikistan, irrespective of nationality, races, language, religions, political convictions, social position, education and property, suitable for health reasons and physical development to pass military service, and also the citizens of the female Republic of Tajikistan who are meeting the established requirements, voluntarily received necessary preparation on specialties for Armed Forces of the Republic of Tajikistan, other troops and military forming.

3. Citizens are exempted from conscription according to the bases and conditions established by this Law.

4. The central public authorities, local executive bodies of the government, self-government institutions of settlements and villages, heads of the companies, organizations and organizations, irrespective of patterns of ownership and legal form, within the powers provide execution by citizens of military obligations.

5. The citizen can pass according to this Law military service as a part of mobilization draft reserve.

Article 6. Priority of military service

In comparison with other types of public service the military service is considered priority. This priority is expressed in the termination of certain employment relationships and other activities of citizens during appeal or voluntary revenues to military service, or military charges.

Article 7. Guarantees and compensations to citizens in case of execution of conscription

1. The term of military service of the citizen arriving on public service is included into years of service of public service according to the procedure, established by the legislation of the Republic of Tajikistan.

2. During medical examination, diagnostics or treatment in connection with military accounting, obligatory preparation for military service, appeal (revenues) to military service, and also during accomplishment of other obligations connected with acceptance on military accounting obligatory preparation for military service and appeal (revenues) to military service the citizen is exempted from work (study) with preserving place of employment (study) and the average salary on place of employment (study), and also the expenses connected with trips for the period of stay in transit are paid to it according to the procedure, established by the Government of the Republic of Tajikistan.

3. The citizen who is called up (arrived) for military service or for military charges, before arrival to the duty station and returns from the duty station is provided with food and the corresponding amount of money according to the procedure and the sizes established by the Government of the Republic of Tajikistan.

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