of January 13, 2004 No. ZR-8
About the citizens who did not pass obligatory military service in defiance of established procedure
Accepted by National Assembly of the Republic of Armenia on December 17, 2003
The coverage of this Law covers the period from fall draft of 1992 till March 1, 2019 and extends to citizens concerning whom criminal prosecution is initiated in the procedure established by the law based on evasion from obligatory military service, not called up during this period for obligatory military service (evading from appeal) in violation of the law and which performed 27 years (officers of reserve – 35 years) or which before execution 27 (35) years acquired the rights to release from obligatory military service or draft deferment to obligatory military service established by the Law of the basis for obtaining.
Operation of this Law does not extend to citizens of the Republic of Armenia who to the introduction of this Law in force are struck off the military register in the procedure established by the law or against whom criminal case on the absence basis in actions of actus reus is dismissed, or it is refused initiation of legal proceedings on the same basis.
1. The citizen who did not pass obligatory military service for the purpose of the termination of the criminal prosecution and registration initiated in the relation it in inventory in the procedure established by the law can pay for each appeal passed by it with violation of the law, the amount in 200-fold size of the minimum monthly salary (further - the payment established by the law).
The citizen who did not pass obligatory military service submits the application in military commissariat in the place of accounting. Also person authorized by the citizen who did not pass obligatory military service can submit the application.
The petition from the citizen, person which did not pass obligatory military service, or authorized by it shall be signed, in it month, day, year, surname, name and the citizen's middle name, the residence (accounting) in the Republic of Armenia or foreign state, the period and the reasons of evasion from obligatory military service shall be specified. Copies of the certificate of birth and the passport of the citizen, the certificate of the residence (accounting), in case of availability of the basis for release of the citizen from obligatory military service or receipt of delay of appeal on obligatory military service - also the documents confirming the basis, and in case of submission of the statement by the authorized person - also the passport copy of the authorized person are enclosed to the application. The documents confirming the basis for release of the citizen from obligatory military service or receipt of delay of appeal on obligatory military service are represented in the original and their copies. If the documents confirming the basis for release of the citizen from obligatory military service or receipt of delay of appeal on obligatory military service are the documents issued in foreign state, then they shall be certified by apostille and transfer into Armenian, certified of notarial procedure. In territorial military commissariat originals of the documents confirming the basis for release of the citizen from obligatory military service or receipt of delay of appeal on obligatory military service are verified with their copies then originals of documents return to the applicant.
In appendix to the statement the bases on receipt of the right to release or delay from obligatory military service are represented.
The citizen who did not pass obligatory military service being in foreign states can submit the application through diplomatic service, consular establishment or the authorized person of the Republic of Armenia in foreign states.
The petition from the citizen, not passed obligatory military service, is reported to relevant organs after registration in accordance with the established procedure.
Fee on the post delivery connected with the petition from the citizen, not passed obligatory military service, on representation of relevant organs is made by the applicant.
The petition from citizens, not passed obligatory military service, is considered and the answer is issued to the citizen within one month. The statements requiring additional studying and check are considered and the answer according to them is issued to the citizen not later than in two months.
For the purpose of issue of the conclusion according to petitions from citizens, not passed obligatory military service, the order of the Minister of Defence of the Republic of Armenia creates the commission considering petitions from citizens, not passed obligatory military service, and the staff of the commission and procedure for activities affirms. Based on the order of the Minister of Defence of the Republic of Armenia the commission to the applicant within three working days the answer to the statement in which the size of the paid amount and account number of payment are specified goes.
In case of disagreement with the answer to the statement the citizen has the right from the date of receipt of the answer in a month to appeal it in court in the procedure established by the law.
The citizens who did not pass obligatory military service in ten-day time after receipt of the answer to the statement make the payments established by this Law through bank system. These payments are enlisted into the special account opened for this purpose by the state authorized body of the Republic of Armenia in the field of defense and used for satisfaction of military needs according to the procedure, established by the Government of the Republic of Armenia.
Within a month after introduction of the payments established by this Law the decision of the body performing production, on the termination initiated in its relation of criminal prosecution is issued to the citizen of the Republic of Armenia who is not called up in violation of the law for obligatory military service to which 27 years were performed afterwards or which in accordance with the established procedure acquired the bases for receipt of the right to release or delay from obligatory military service, and also he receives the military ID and is registered in reserve.
The procedure for the termination of the initiated in the relation of the citizens who did not pass obligatory military service, criminal prosecution is established by the Government of the Republic of Armenia.
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The document ceased to be valid since December 31, 2019 according to Article 8