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ORDER OF THE GOVERNMENT OF THE REPUBLIC OF TAJIKISTAN

of February 4, 1999 No. 33

About approval of the Regulations on procedure for appeal of citizens on military service

According to article 19 of the Law of the Republic of Tajikistan "About general conscription and military service" the Government of the Republic of Tajikistan decides:

Approve the enclosed Regulations on procedure for appeal of citizens on military service.

 

Prime Minister

Republic of Tajikistan E.Rakhmonov

Approved by the Order of the Government of the Republic of Tajikistan of February 4, 1999 No. 33

Regulations on procedure for appeal of citizens on military service

This Provision is developed according to article 19 of the Law of the Republic of Tajikistan "About general conscription and military service".

1. All male citizens of the Republic of Tajikistan who do not have the right to delay or release from conscription according to the Law of the Republic of Tajikistan "About general conscription and military service" aged from 18 up to 27 years shall pass military service in Armed Forces of the Republic of Tajikistan both other troops and military forming of the Republic of Tajikistan.

First of all citizens of the advanced draft ages are subject to appeal.

2. According to the Law after the termination of term of military service, at the request of citizens the contract for military service for a period of 3 - 5 years depending on the replaced position can be signed with it.

3. The Ministry of Defence of the Republic of Tajikistan possesses exclusive right to perform conscription of the citizens who graduated from public educational institutions of higher professional training of the Armed Forces of the Republic of Tajikistan which did not pass military service and enlisted in inventory and having officer rank of inventory according to the received military specialties and suitable for military service.

4. Annually based on the Presidential decree of the Republic of Tajikistan two times are performed conscription.

Spring draft from May 1 to June 30, and fall draft from November 1 to December 31. The presidential decree of the Republic of Tajikistan is published in mass media, in one month prior to appeal.

Persons working as teachers in educational institutions are called up for military service from June 1 to June 30.

5. Are not subject to conscription of person:

having not removed or extinguished criminal record for making of especially serious or serious crime;

according to the medical certificate for health reasons recognized as unusable or it is limited suitable for military service;

if passing or passed military or alternative service or passed military service in other state.

Besides the citizen cannot be called military service if the close relative died or died during passing of military service and also if he is the single son (adopted) in family.

6. The draft deferment on military service is represented to the citizen:

temporarily acknowledged for health reasons unusable to military service - for a period of up to one year;

having more than two children:

which mother except it has two and more minor children, brings up them without husband;

concerning which criminal case is brought;

occupied with care of the family member needing assistance when there are no other persons, caring for it.

On draft deferment the citizens elected the deputy - for the term of deputy powers, studying in educational before receipt of the complete general education also have, but 21 years studying in educational institutions of higher education at full-time department - for the period of training, the graduate student - for the period of training in department in teachers of rural educational (general education) institutions, the educations having the highest pedagogical are not more senior.

7. Release or draft deferment on military service is granted based on the provided documentary confirmations created by the decision of the draft commissions in each area or the city.

8. Chairmen of areas (cities) are responsible for the organization of appeal of citizens on military service, together with military commissioners they will organize conscription.

9. To chairmen of areas, cities and areas it is assigned:

for the entire period of appeal of citizens on military service and their sending to troops, providing military commissariats with the equipped draft (combined) Items which are specially adapted for this purpose works, allocation of necessary number of doctors of specialists, technical workers, persons of service personnel;

taking measures to servicing of organizational appearance of citizens and military commissariats for conscription and sending them in troops;

the organization of the solemn farewell to recruits on military service;

manifestation of care of the families which are called up for military service and to take measures to strict observance of the current legislation about privileges and benefits for these families.

10. The decision of the chairman of the city and area creates the draft commission.

Shall enter into the draft commission: vice-chairman of the area or city, military commissioner; structure of the draft commission: the doctor who directs work on medical examination of citizens, the chief or the deputy chief city or district department of internal affairs, and also the representative of district, city department of education. Besides other officials representing the companies, organizations and the organizations of the city or the area also can be part of the draft commission.

The organization of medical examination of the citizens who are subject to conscription and decision making concerning them is assigned to the draft commission.

The decision of the draft commission shall correspond to the current legislation of the Republic of Tajikistan and not contradict the conclusion of the doctor - the specialist in question of the validity to military service of citizens, for health reasons.

11. For check and monitoring correctness of representation to citizens of delays release from conscription, justification of the direction them in types, type of military forces of Armed Forces, consideration of claims of citizens to actions of the city and district draft commissions, decisions of the Government of the Republic of Tajikistan, to chairmen of the Gorno-Badakhshan Autonomous Region, area and city of Dushanbe is created the relevant draft commission.

Said commission has the right to review and cancel decisions of the city, district draft commissions.

12. The validity of recruits to military service for health reasons and to physical development, from purpose in types of armed forces, other troops and military forming by each doctor by the specialist is determined by method of individual assessment. The conclusion about the validity or worthlessness of recruits to military service, statements or the claims and objective data revealed to process of medical examination, and also the established diagnosis is brought by each specialist doctor in the accounting card of the recruit and other documents provided by the Provision on medical examination in Armed Forces. Also are certified by the personal signature of the specialist doctor with indication of date of medical examination of the recruit.

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