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LAW OF THE REPUBLIC OF BELARUS

of November 5, 1992 No. 1914-XII

About conscription and military service

(as amended on 23-07-2019)

This Law establishes legal and organizational basis of execution by citizens of the Republic of Belarus of conscription (the constitutional debt on protection of the Republic of Belarus) by passing of military service, and also the basis and condition of release from military service.

Chapter 1 General provisions

Article 1. The main terms and concepts applied in this Law

In this Law the following main terms and concepts are applied:

conscription - the obligation of citizens of the Republic of Belarus (further - citizens) established for the purpose of creation and permanent functioning of system of the actions providing protection of the Republic of Belarus, passing by citizens of military service, preparation them to the armed protection of the Republic of Belarus;

military service - the special type of public service including passing of military service or service in reserve, military or special charges in the period of condition in inventory of Armed Forces of the Republic of Belarus (further - Armed Forces) or other troops and military forming of the Republic of Belarus (further - other military forming);

military service - the main type of military service consisting in direct execution by citizens of conscription (the constitutional debt on protection of the Republic of Belarus) as a part of Armed Forces and other military forming. The military service is subdivided into military service and military service under the contract;

military service - obligatory military service of the citizens recognized in accordance with the established procedure suitable for its passing. Military service is subdivided into compulsory military service, military service of officers at the call of, and during the periods of mobilization, warlike situation, in wartime is military service on mobilization;

military service under the contract - military service of citizens which they for the purpose of execution of the constitutional debt on protection of the Republic of Belarus voluntarily shall pass according to the legislation of the Republic of Belarus on the terms of the signed contract;

service in reserve - the type of military service consisting in obligatory execution by the citizens who are subject to appeal on compulsory military service, conscription by service in military units, other organizations of Armed Forces or transport troops of the Republic of Belarus (further - transport troops) on occupations and training sessions for the purpose of receipt of military specialty without the termination of labor activity;

the youth of premilitary age - the male citizen having training for military service to addition to the draft site;

the recruit - the male citizen attributed to the draft site;

the serviceman - the citizen passing military service in Armed Forces or other military forming;

the reservist - the citizen serving in reserve;

junior commanders are the military personnel and reservists serving in positions of the commander of department, the deputy commander of platoon, the foreman of company or in other positions equal to them;

the person liable for call-up - the citizen consisting in inventory of Armed Forces or other military forming;

inventory of Armed Forces and other military forming (further - inventory) - the reserve of persons liable for call-up intended for completing of Armed Forces and other military forming on wartime if other is not established by this Law;

military accounting - the state system of accounting and the analysis draft and persons liable for call-up of resources;

military departments - the structural divisions of organizations of secondary vocational education and institutions of higher education intended for training of citizens in programs of training of junior commanders and reserve officers;

military charges - the type of military service consisting performed by conscription persons liable for call-up by preparation them for appointment to the highest military positions, enhancement of knowledge in military area and development of new types of arms and the military equipment, training of specialists necessary for completing of Armed Forces and other military forming on wartime, servicing of arms and military equipment of emergency ration, participation in actions for check of combat and mobilization readiness of military units, military commissariats, other organizations of Armed Forces, and also other military forming;

special charges - the type of military service consisting performed by conscription persons liable for call-up by participation in actions for liquidation of emergency situations of natural and technogenic nature;

military educational institutions - organizations of education, and also the military faculties of organizations of secondary vocational education and institutions of higher education (further - faculties) performing training on specialties (the directions of specialties, specializations) for Armed Forces and other military forming;

medical examination - actions for determination of category of the validity of citizens and their purpose to military service, service in reserve for health reasons, the validity to training in military educational institutions, at military departments, and also by determination of need of delivery of health care, performed by members of the medical commission or specialists doctors;

physical examination - the research of the state of health and physical development of citizens for the purpose of establishment of the diagnosis performed in the state organizations of health care;

medical examination - research of the state of health and physical development of citizens by the medical commission or specialists doctors for the purpose of additional control of justification of earlier taken out conclusions about category of their validity for health reasons and to physical development to military service or identifications of the new circumstances interfering their appeal on military service for health reasons;

medical re-examination - the actions which are periodically performed by the medical commission for the purpose of determination of category of the validity of citizens for health reasons and to physical development to military service;

military commissariat - the local body of military management performing military and mobilization and accounting and draft work in the territory of one or several administrative and territorial units. Military commissariats are created according to the procedure, established by the Government of the Republic of Belarus;

separate division of military commissariat (further - separate division) - the structural division of military commissariat performing part of its functions on implementation of military and mobilization and accounting and draft work in the territory of administrative and territorial unit (area) in which there is no military commissariat. Separate divisions are created according to the procedure, established by the Government of the Republic of Belarus;

the draft site - the territory in borders of administrative and territorial unit within which the corresponding military commissariat (separate division) attributes male citizens in year of achievement of 16-year age by them the next appeals of male citizens on compulsory military service, service in reserve are carried out;

recruiting (combined) station - specially equipped buildings and utility rooms with the territory adjoining to them for addition of citizens to draft sites, performing their medical examination, medical examination, medical re-examination, appeal on compulsory military service, service in reserve, collection and sending the called citizens to military service;

collection point (the notification and collection) - the equipped buildings and utility rooms with the territory adjoining to them for carrying out the notification, collection, appeal and sending the called citizens to military service on mobilization, military and special charges.

Article 2. Scope of this Law

This Law governs the public relations in the field of execution by citizens of the conscription including:

military accounting;

obligatory preparation for military service;

conscription;

passing of military service;

appeal on service in reserve and service in reserve;

condition in inventory;

appeal on military and special charges (further if other is not established, - charges) and their passing.

During mobilization, warlike situation and in wartime execution by citizens of conscription is determined by the separate laws, other acts of the legislation of the Republic of Belarus, and also provides:

conscription on mobilization, in the period of warlike situation and in wartime;

passing of military service during mobilization, in the period of warlike situation and in wartime;

military training in the period of warlike situation and in wartime.

During the periods of mobilization, warlike situation, execution by citizens of conscription provides conscription on mobilization and its passing according to this Law and other legal acts of the Republic of Belarus in wartime.

Article 3. The legislation of the Republic of Belarus in the field of execution of conscription

The legislation of the Republic of Belarus in the field of execution of conscription (the constitutional debt on protection of the Republic of Belarus) is based on the Constitution of the Republic of Belarus and consists of this Law, international treaties and other acts of the legislation of the Republic of Belarus.

Article 4. Conscription

The conscription is fulfilled by the male citizens fit for health reasons and to physical development to its execution, irrespective of origin, social and property status, racial and national identity, education, language, the relation to religion, sort and nature of occupations, political and other convictions, and also the female citizens who are meeting the established requirements and received preparation on the specialties necessary for Armed Forces and other military forming.

The conscription does not extend to the foreign citizens and persons without citizenship living in the territory of the Republic of Belarus.

Citizens are exempted from conscription and service in reserve according to the bases and conditions, the established this Law and other legal acts of the Republic of Belarus.

Execution by citizens of conscription is provided within the competence by republican state bodies, local executive and administrative organs, other state bodies, other organizations and their officials.

Citizens who according to this Law shall fulfill conscription are subdivided into youths of premilitary age, recruits, the military personnel, reservists, persons liable for call-up.

Article 5. Military service. Military personnel and reservists

The priority of military service before other types of public service and labor activity which is expressed in the termination (suspension) by citizens of work, study and other activities in case of appeal or voluntary revenues to military service, appeal on service in reserve, on charges, and also in the increased level of social security of the citizens passing military service, service in reserve is established.

The status of the serviceman is acquired by citizens from the date of the beginning of condition on military service and lost from the date of, the termination of condition following behind day on military service. The time spent of citizens for military service is set off in length of service and length of service in the specialty (in industry) on conditions and according to the procedure, established by the legislation of the Republic of Belarus.

To the citizens who arrived on public service, their time spent for military service is set off in years of service of public service according to the procedure, determined by the legislation of the Republic of Belarus.

Reservists have the status of the military personnel undergoing compulsory military service in case of stay on the occupations or training sessions determined by programs of training of reservists. The time spent of reservists for occupations and training sessions is set off by it in length of service on military service for award of pension, payment of length-of-service allowance on military service and in time services in the given military rank, and also in length of service and length of service in the specialty (in industry) according to the procedure, determined by the legislation of the Republic of Belarus.

Article 6. Guarantees and compensations for citizens in connection with execution of conscription

In the place of their work the guarantees and compensations established by the legislation on work and other legal acts of the Republic of Belarus are provided to the citizens having training for military service, who are called up or arrived for military service, service in reserve.

In the place of their study the benefit in the amount of two-week grant is paid to the citizens studying in organizations of education (the organizations realizing educational programs of postgraduate education), who are called up or arrived for military service, service in reserve.

The citizens studying in organizations of education (the organizations realizing educational programs of postgraduate education) are exempted from study for time necessary for addition to draft sites, registrations of appeal or revenues to military service, service in reserve, statements on military accounting, with preserving grant behind them in the place of study.

To the citizens studying in organizations of education (the organizations realizing educational programs of postgraduate education), directed to medical examination, physical examination, treatment or medical re-examination on the time spent in the organization of health care the place of study and grant remain, and also expenses on journey to the place of medical examination, physical examination, treatment or medical re-examination and back on the regulations established by the Government of the Republic of Belarus are refunded.

Transportation of the citizens who are called up or arrived for military service, service in reserve to the duty station and providing them by food along the line, and also transportation of citizens to the place of delivery of entrance tests in military educational institutions are also back made at the expense of means of the Ministry of Defence of the Republic of Belarus, other state bodies in which the military service is provided.

In the place of their work the guarantees and compensations established by the legislation on work of the Republic of Belarus are provided to the citizens called on charges.

To the individual entrepreneurs, persons who are temporarily not working and also the unemployed payment of compensations for the period of passing of charges is performed by local executive and administrative organs at the rate of fifteen basic sizes in one month.

Time of passing of charges by the citizens who are the unemployed is excluded from the 26 weeks period of allowance payment on unemployment.

After dismissal from compulsory military service or military service on mobilization continuation of training at former conditions in organizations of education in which they studied to appeal for compulsory military service, according to the procedure, the established legislation of the Republic of Belarus on education is guaranteed to the citizens who are called up for compulsory military service or military service on mobilization during training in organizations of education (the organizations realizing educational programs of postgraduate education).

Guarantees according to the procedure, established by legal acts of the Republic of Belarus are provided to the citizens who are called up for compulsory military service or military service on mobilization, being borrowers in connection with construction (reconstruction) or acquisition of premises.

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