LAW OF THE REPUBLIC OF BELARUS

of January 4, 2010 No. 100-Z

About the status of the military personnel

Accepted by the House of Representatives on December 11, 2009

Approved by Council of the Republic on December 17, 2009

This Law determines the status of the military personnel, bases of state policy in the field of legal and social protection of the military personnel, the citizens discharged from military service and members of their families.

Chapter 1. General provisions

Article 1. Bases of the status of the military personnel

The status of the military personnel – set of the rights, freedoms, obligations and responsibility of the military personnel established by the Constitution of the Republic of Belarus, this Law and other legal acts, and also international treaties of the Republic of Belarus.

Content and amount of the rights, freedoms, obligations and responsibility of the military personnel depend on that, there are they or are not in case of fulfillment of duties of military service.

Military personnel is in case of fulfillment of duties of military service in time:

execution of the obligations assigned to them in arrangement of military units, military educational institutions, bodies of military management and the organizations of Armed Forces of the Republic of Belarus, other troops and military forming (further, unless otherwise specified, – military unit) or out of them if it is caused by office need;

participations in fighting, doctrines;

executions of alert, active service;

stays in daily or garrison job specifications;

stays on charges, on official journeys or on treatment;

followings to the duty station, treatments and back;

stays in captivity (except cases of voluntary surrender), provision of the hostage or interned;

absence without message – before recognition of the serviceman it is unknown absent or announcements the dead according to the procedure, established by the legislation;

assistance to law enforcement officers in law enforcement and law and order;

protection of life, health, honor and advantage of citizens;

making of other actions recognized by court made for the benefit of the personality, society and the state.

The serviceman is not recognized to the died (dead), sustained injuries (wound, injury, contusion) or disease in case of fulfillment of duties of military service if it was consequence:

unauthorized stay out of the arrangement of military unit or the duty station established beyond its limits, except as specified, provided by paragraphs the tenth or twelfth parts three of this Article;

voluntary reduction of in alcohol intoxication or in the condition caused by consumption of drugs, psychotropic substances, their analogs, the toxic or other stupefying substances;

making of the offense provided by the Criminal code of the Republic of Belarus or the Code of the Republic of Belarus about administrative offenses;

suicides or attempts of suicide if the specified actions were not caused by disease state or bringing to suicide.

The status of the serviceman is acquired by citizens of the Republic of Belarus (further – 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.

Military personnel has rights and freedoms which are established by the legislation for other citizens, with the restrictions caused by features of military service and provided by this Law, other legal acts. Features of military service consist in assignment on the military personnel of obligations on preparation for the armed protection and on the armed protection of the Republic of Belarus which are connected with need of implicit accomplishment of objectives for any conditions, including with the increased risk for life and health. Restriction of the military personnel in the rights and freedoms is compensated by provision to them the state of additional social benefits, rights and guarantees.

Military personnel (except for the military personnel undergoing military service) is forbidden to get from foreign states the documents granting the rights to privileges and benefits in connection with political, religious views or national identity, and equally to take such privileges and advantages if other does not follow from international treaties of the Republic of Belarus.

The identity document and the status of the serviceman (the military ID, the official ID (certificate)) is issued to the military personnel.

The uniform (sample), accounting treatment, issues, uses and storages of military IDs of soldiers and sergeants affirm the Ministry of Defence, and uniform (sample), accounting treatment, issues, uses and storages of official IDs (certificates) of other categories of the military personnel – state bodies in which the military service is provided if other is not established by legal acts.

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