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The document ceased to be valid since December 7, 2017 according to article 33 of the Law of Turkmenistan of November 25, 2017

LAW OF TURKMENISTAN

of August 30, 2009 No. 62-IV

About the status and social protection of the military personnel and members of their families

(as amended on on March 31, 2012)

This Law determines the rights, freedoms, obligations and responsibility of the military personnel, and also bases of state policy of Turkmenistan in the field of legal and social protection of the military personnel, the citizens discharged from military service and members of their families.

SECTION I. GENERAL PROVISIONS

Article 1. Military personnel and their status

1. The status of the military personnel is set of the rights, freedoms, and also their obligations and responsibility of the military personnel established by the law and guaranteed by the state.

2. Features of legal status of the military personnel in society are determined by the obligations assigned to them on the armed protection of the state connected with need of implicit accomplishment of objectives for any conditions, including with risk for life.

3. Restrictions of some all-civil laws and freedoms of the military personnel are connected with features of passing of military service by them, and such restrictions are set by this Law, other legal acts of Turkmenistan and compensated by the corresponding privileges provided to the military personnel.

The officers, cadets, students of military educational institutions, sergeants, foremen, soldiers and sailors who enlisted according to the obligation (further - the military personnel passing military service according to the obligation), the sergeants, foremen, soldiers and sailors undergoing military service and also cadets of military educational institutions before making the obligation treat the military personnel (further - the military personnel undergoing military service).

The officers undergoing military service are equated to the officers passing military service according to the obligation.

5. The documents established for citizens of Turkmenistan, that is documents proving their identity and nationality, and also identity documents and legal status of the military personnel are issued to the military personnel.

7. Local executive bodies, local government bodies, the companies, organizations and the organizations within the powers can establish to the military personnel and citizens discharged from military service, to members of their families additional benefits on improvement of social conditions.

Article 2. The citizens acquiring the status of the military personnel

1. Citizens acquire the status of the military personnel from the beginning of military service (for the military personnel at the call of - from the date of sending from the assembly point) and lose it with the termination of military service (no later than the term established in the instruction for arrival of the serviceman for statement on military accounting). Terms of military service are established by the Law of Turkmenistan "About conscription and military service".

On the citizens called on military charges, the status of the military personnel extends in the cases and procedure provided by this Law and other regulatory legal acts of Turkmenistan.

2. For the military personnel captured, and also interned in the neutral countries the status of the military personnel remains. State governing bodies of Turkmenistan and military command shall take measures for release of the military personnel according to rules of international law.

3. On members of families of the military personnel, citizens discharged from military service including from Armed Forces of the former USSR, and members of their families the privileges provided by the laws of Turkmenistan extend.

4. In case of condemnation of the military personnel to imprisonment implementation of their social security provided by the status of the military personnel and also social security of members of their families stops or limited according to the procedure, provided by the laws of Turkmenistan.

Article 3. Guarantees of legal and social protection of the military personnel, the citizens discharged from military service and members of their families

1. For the military personnel this Law installs single system of legal and social protection, and also material and other types of providing taking into account the held military positions, the given military ranks, general duration of military service, the performed tasks, conditions and procedure for passing of military service by them.

2. Legal and social protection of the military personnel, the citizens discharged from military service and members of their families is function of the state and provides:

1) realization of their rights, privileges, guarantees and compensations by public authorities, bodies of military management and local government bodies;

2) enhancement of social protection of specified persons;

3) protection of their life and health, and also other measures directed to creation of the living conditions corresponding to nature of military service and its role in society.

3. Control of execution of this Law is exercised by state governing bodies, local government bodies, bodies of military management. Supervision of execution of the legislation of Turkmenistan on the status of the military personnel, legal and social guarantees to the citizens discharged from military service and members of their families is performed by the Attorney-General of Turkmenistan and prosecutors subordinated to it.

Article 4. Legal basis of the status of the military personnel

1. The legal basis of the status of the military personnel are the Constitution of Turkmenistan, this Law and other regulatory legal acts of Turkmenistan regulating the legal basis of the status of the military personnel.

2. Legal and social guarantees the serviceman, including measures of their legal protection, and also material and other types of providing, provided by this Law, cannot be cancelled or reduced the laws and other regulatory legal acts of Turkmenistan differently as by introduction of amendments and amendments to this Law.

3. If international treaties of Turkmenistan provide other provisions than containing in this Law, then provisions of international treaties are applied.

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