PRESIDENTIAL DECREE OF THE REPUBLIC OF KAZAKHSTAN

of May 25, 2006 No. 124

About approval of Rules of passing of military service in Armed Forces, other troops and military forming of the Republic of Kazakhstan

According to the subitem 9) of Item 2 of article 5 of the Law of the Republic of Kazakhstan "About defense and Armed Forces of the Republic of Kazakhstan" I DECIDE:

1. Approve the enclosed Rules of passing of military service in Armed Forces, other troops and military forming of the Republic of Kazakhstan.

2. To the government of the Republic of Kazakhstan to take measures for implementation of this Decree.

3. This Decree becomes effective from the date of its first official publication.

Approved by the Presidential decree of the Republic of Kazakhstan of May 25, 2006 No. 124

Rules of passing of military service in Armed Forces, other troops and military forming of the Republic of Kazakhstan

1. General provisions

1. These rules of passing of military service in Armed Forces, other troops and military forming of the Republic of Kazakhstan (further - Rules) determine procedure for passing of military military service and to the contract by citizens of the Republic of Kazakhstan.

Military personnel of special state bodies passes military service taking into account the features provided by the Law of the Republic of Kazakhstan "About special state bodies of the Republic of Kazakhstan" (further - the Law "About Special State Bodies").

2. In Rules the following basic concepts are used:

1) the screening committee – the commission created in military units (organizations) of Armed Forces, other troops and military forming of the Republic of Kazakhstan (further – Armed Forces, other troops and military forming), on selection of the citizens arriving on military service under the contract;

1-1) Presidential reserve of the high command and management of Armed Forces and National guard of the Republic of Kazakhstan (further - the Presidential reserve) - the list of the military personnel who passed the special procedure for selection established by these rules for promotion on higher executive positions of Armed Forces and National guard of the Republic of Kazakhstan;

2) regular and official category – the military rank provided for military position by staff of military unit (organization);

3) authorized body - state body in which structure passing of military service is provided.

2. Passing of military service

3. Passing of military service in peace and wartime includes training in the military educational institutions realizing educational programs of technical and professional, postsecondary and higher, postgraduate education, appeal on military service, voluntary revenues to military service under the contract, assignment of military rank, appointment to military position and movement on military service, rotation, dismissal from military service, certification, provision of leaves, passing of military charges, other circumstances (events) determined by the legislation of the Republic of Kazakhstan.

4. Citizens of the Republic of Kazakhstan pass military service in Armed Forces, other troops and military forming under the contract in voluntary procedure or to appeal according to these rules taking into account the features established by the legislation of the Republic of Kazakhstan.

The first heads of authorized bodies instructions for application of Rules affirm.

5. The serviceman undergoing military military service after six months of military service and when passing of obligatory course of training by it on one of military specialties in voluntary procedure can be sent to peace time, including as a part of division or military unit (organization), for accomplishment of the international obligations on peacekeeping and safety outside the Republic of Kazakhstan.

6. The period of participation of the military personnel in accomplishment of the international obligations on peacekeeping and safety outside the Republic of Kazakhstan (peacekeeping transactions), fighting is determined by the Minister of Defence of the Republic of Kazakhstan, in anti-terrorist operations - the Chairman of Committee of homeland security of the Republic of Kazakhstan.

7. Encouragement and involvement of the military personnel to disciplinary responsibility are made according to the procedure, established by the disciplinary charter, and also these rules.

3. Beginning, terms and termination of military service

8. As the beginning of military service are considered:

1) for called on military service (military charges) - day of the publication of the order of the corresponding commander (chief) on departure from local body of military management (area, the city of republican value and the capital) to the place of passing of military service (charges);

2) for arrived on military service under the contract – day of the publication of the order of the commander (chief) of military unit (organization) on transfer in lists of military unit (organization), and in Service of the state protection of the Republic of Kazakhstan – day of the publication of the order on staff;

3) for arrived in the military educational institutions realizing programs of technical and professional, postsecondary and higher education if before they were not military personnel, - for military educational institutions from the date of the publication of the order of the chief of military educational institution on transfer in lists of educational structure, except for uhlans, and in case of receipt in foreign military educational institution - from the date of the publication of the order of the head of authorized body on the direction for study;

4) for the uhlans who completed the second year of training in the military educational institutions realizing educational programs of technical and professional education based on the main secondary education - from the date of the publication of the order of the chief of military educational institution on training continuation, transfer into third year and appointment to military position of variable list of the cadet.

9. Terms of military service are established by the Law of the Republic of Kazakhstan "About military service and the status of the military personnel" (further - the Law) and expire:

1) for undergoing military military service - no later than the last number of the last month of term of the expiration of military military service;

2) for passing military service under the contract - in the corresponding number of the last month of term of the expiration of the contract if other is not provided by these rules.

In cases when the expiration of military service falls on month in which there is no corresponding number, the specified term expires in the last day of this month.

The day of exception of lists of military unit (organization) in connection with dismissal from military service (the end of military charges), and also transfer in special state and law enforcement agencies of the Republic of Kazakhstan which is drawn up by the order of the commander (chief) of military unit (organization), except for Services of the state protection of the Republic of Kazakhstan where dismissal is drawn up by the order of the first head is considered day of the termination of military service.

10. In time military service to the serviceman are not set off period of time on which it self-willedally left military unit (organization) or the place of military service (military charges), and also time of serving of criminal or administrative penalty in the form of arrest.

The beginning of the period of unauthorized leaving of military unit (organization) or the place of military service (military charges) is time of the actual leaving by the serviceman of arrangement of military unit (organization) or the duty station (military charges), and its equally unreasonable non-arrival at the scheduled time to the place of military service (military charges), the termination – time of appearance of the serviceman in military unit (organization), bodies of military management or law enforcement agencies or time of his detention.

11. The general duration of military service (length of service) of the serviceman includes all the time of its military service both at the call of, and under the contract, and also time of passing of military charges.

The general duration of military service is estimated as in the calendar, and preferential calculation according to the procedure established by the legislation of the Republic of Kazakhstan.

4. Conclusion of the contract and termination of its action

12. The contract on passing of military service (further – the contract) is signed in voluntary procedure by the citizen of the Republic of Kazakhstan with the authorized officer in writing in the standard form approved by the Minister of Defence of the Republic of Kazakhstan in coordination with the first heads of authorized bodies:

1) appointed to military position with regular and official category of the highest officers, - with the first head of authorized body, except for appointed by the President of the Republic of Kazakhstan;

2) appointed to military position with regular and official category of ordinary, sergeant and officer structures (except for the highest officers), – with the corresponding authorized officer from the commander (chief) of military unit (organization) above;

3) arriving in the military educational institution of the Republic of Kazakhstan realizing programs of secondary technical and professional, higher education - with the chief of this institution;

4) No. 574 is excluded according to the Presidential decree of the Republic of Kazakhstan of 31.10.2017;

5) arriving in the military educational institution realizing programs of secondary technical and professional, higher education (on military faculty) other state, - with the chief of structural division of the authorized body supervising questions of training abroad;

6) the uhlan in case of transfer into third year of training of the military educational institution realizing educational programs of technical and professional education - with the chief of this educational institution.

With the military personnel passing military service in the held military positions, contracts are signed according to subitems 1) and 2) of part one of this Item.

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