LAW OF THE REPUBLIC OF KAZAKHSTAN

of February 16, 2012 No. 561-IV ZRK

About military service and the status of the military personnel

This Law governs the public relations in the field of passing of military service by citizens of the Republic of Kazakhstan and determines bases of state policy by social security of the military personnel.

Chapter 1. General provisions

Article 1. The basic concepts used in this Law In this Law are used the following basic concepts:

1) the graduated in a military academy - the serviceman of officer and sergeant structures studying in the foreign military educational institution realizing educational programs of postgraduate education;

1-1) faces of civil personnel (workers) are the citizens of the Republic of Kazakhstan who are in public service or consisting in employment relationships in Armed Forces of the Republic of Kazakhstan, other troops and military forming (further - Armed Forces, other troops and military forming);

2) variable structure - category of the military personnel of the Armed Forces, other troops and military forming studying in the military, special educational institutions which are not entering the number of staff of Armed Forces, other troops and military forming;

3) the military personnel undergoing military military service - the citizens of the Republic of Kazakhstan called on military service in Armed Forces, other troops and military forming for the term provided by this Law;

4) delay - transfer of term of appeal of citizens on military service on the bases provided by this Law;

5) youths of premilitary age are the citizens of the male Republic of Kazakhstan having training for military service before acceptance on military accounting;

6) recruits are the citizens of the male Republic of Kazakhstan attributed to draft sites of local authorities of military management and who are subject to appeal on conscription military service;

7) military rank - the sign of military distinction appropriated to the serviceman and the person liable for call-up;

8) the military ID - the single undated personal accounting and military document of the citizen determining its belonging to military service and the relation to conscription;

9) staff of military unit (organization) - the document determining structure, organizational and regular structure, number of staff and quantity of the fixed main arms and military equipment according to the inventory of arms and military equipment of Armed Forces, other troops and military forming;

10) military accounting - system of accounting and the analysis of quantitative and high-quality data about recruits, the military personnel and mobilization resources;

11) military charges - the events held by bodies of military management, authorized state bodies for military preparation for the purpose of acquisition and enhancement of military knowledge by persons liable for call-up and citizens and also in other cases provided by the laws of the Republic of Kazakhstan.

Military charges share on:

training sessions - type of the military charges which are carried out for the purpose of preparation and retraining of persons liable for call-up, recruits in case of receipt to military educational institutions and students of military departments;

testing charges - type of the military charges which are carried out for the purpose of check of readiness of the military units intended to accomplishment of tasks in organizational and regular structure of wartime;

special charges - type of military charges, the events for introduction and providing emergency rule, liquidation of emergency situations and their effects held for the purpose of accomplishment and in other cases determined by the President of the Republic of Kazakhstan;

12) the military intern - the serviceman studying in military internship;

13) military internship - the form of training of the military personnel on clinical specialties within basic higher medical education for receipt of the admission to clinical practice performed by structural division of the highest military educational institution;

14) military department - the department under the organization of the higher and (or) postgraduate education of the Republic of Kazakhstan performing military training of citizens according to programs of reserve officers and sergeants of inventory;

15) military uniform of clothes - the uniform approved by the President of the Republic of Kazakhstan with distinctions and the distinctions (regimentals) and equipment determining belonging of the military personnel to Armed Forces, other troops and military forming;

16) military service - special type of the public service of the military personnel of Armed Forces, other troops and military forming aimed at direct providing the military safety connected with the armed protection of sovereignty, territorial integrity and immunity of Frontier of the Republic of Kazakhstan;

17) the term of military service - the entire period of passing of military service in the status of the serviceman in Armed Forces, other troops and military forming;

18) the contract on passing of military service - the contract between authorized body and the citizen of the Republic of Kazakhstan on passing of military service in voluntary procedure establishing the rights, obligations and responsibility of the parties for passing by the citizen of military service;

19) dismissal from military service - the serviceman's exception of lists of military unit (organization) with transfer in inventory or resignation on the bases provided by this Law;

20) the military personnel is the citizens of the Republic of Kazakhstan who are in the military service in Armed Forces, other troops and military forming;

21) military position - established post of Armed Forces, other troops and military forming to which ex-officio full powers, job and special responsibilities for accomplishment of functions of military service are assigned;

22) persons liable for call-up are the citizens of the Republic of Kazakhstan staying on the military registry and staying in inventory to age limit of condition on military accounting;

23) stocked persons liable for call-up (further - inventory) - the persons liable for call-up of the age established by this Law staying on the military registry in local authorities of military management of areas, cities of regional value, used for the purpose of fitting, mobilization expansion and completion of losses of Armed Forces, other troops and military forming during mobilization, warlike situation and in wartime;

24) conscription - the constitutional obligation of citizens of the Republic of Kazakhstan on protection of the Republic of Kazakhstan;

25) military educational institution - the organization of education subordinated to the Ministry of Defence, Committee of homeland security and National guard of the Republic of Kazakhstan and realizing educational programs of different levels;

25-1) faculty of military educational institutions - the military personnel and the faces of civil personnel of Armed Forces which are engaged in educational, scientific, methodical activities;

26) basic military and technological training - obligatory subject of training (subject matter) in fundamentals of military science, robotics and IT technologies in the organizations of secondary, technical and professional education determined by authorized body in the field of education;

27) field exit - classes in programs of combat, mobilization and operational training in field conditions, and also accomplishment of special field works for the benefit of Armed Forces, other troops and military forming;

28) the doctoral candidate - the serviceman studying in doctoral studies;

29) length of service - duration of finding of the citizen on military service, service in special state and law enforcement agencies, courier service, and also in other cases provided by the laws of the Republic of Kazakhstan, estimated as in calendar, and preferential calculation;

30) general military education - compulsory education of citizens of the Republic of Kazakhstan to military preparation during introduction of warlike situation;

31) staff - the military personnel and faces of civil personnel (workers);

32) the cadet - the serviceman studying in the military educational institution realizing educational programs of technical and professional or postsecondary education;

33) the military personnel passing military service under the contract - the citizens of the Republic of Kazakhstan who voluntarily arrived on military service in Armed Forces, other troops and military forming for the term determined by this Law;

34) the cadet - the serviceman studying in the military educational institution realizing educational programs of the higher education or in foreign military educational institution after which termination the first military rank of officers is given;

35) course preparation - the form of additional education of the military personnel and faces of civil personnel of Armed Forces performed in military educational institutions, training centers or in the organizations of formation of foreign states according to international treaties or invitations;

35-1) Presidential reserve of the high command of Armed Forces - the list of the military personnel of the Armed Forces which passed the special procedure for selection determined by the Rules of passing of military service in Armed Forces, other troops and military forming approved by the President of the Republic of Kazakhstan (further - Rules of passing of military service), for promotion to positions of the high command of Armed Forces;

36) the operating reserve - the military personnel who is carrying out the assigned operational tasks within intelligence activities;

37) the specialized organization of the Ministry of Defence - the organization performing preparation, retraining of citizens on military and technical and other specialties for the purpose of training of recruits, persons liable for call-up at non-paid, paid bases, and also in control of vehicles on the basis of economic activity and according to educational programs of technical and professional education;

38) the undergraduate - the serviceman studying in magistracy;

39) conscription military service - the military service of male citizens based on their conscription, other troops and military forming to military positions of ordinary and sergeant structures according to the procedure determined by this Law;

40) resignation - condition of the persons dismissed from military service or excluded from military accounting, who reached age limit of stay in inventory or persons recognized not suitable for military service with exception from military accounting;

41) officers are the military personnel to whom the corresponding military ranks of officers are given;

42) psychophysiological and polygraphological researches - set of the checking actions directed to comprehensive assessment of individual and psychological and psychophysiological qualities of the military personnel and citizens of the Republic of Kazakhstan performed in case of selection for passing of military service on positions which list affirms the head of authorized body;

43) rotation - movement of the military personnel of equivalent and other positions in Armed Forces, other troops and military forming;

44) soldiers (sailors) are the military personnel to whom the corresponding military ranks of ordinary structure are given;

45) sergeants (foremen) are the military personnel to whom the corresponding military ranks of sergeant structure are given;

46) pupils are the citizens of the Republic of Kazakhstan studying in the organizations of education realizing educational programs of general secondary, technical and professional, postsecondary education with additional educational programs for military preparation;

47) exit in the sea - exit of crews of the ships, motor boats and courts, the military personnel in the sea for accomplishment of tasks;

48) the authorized officer - the official who is granted the right of the conclusion of the contract on the passing of military service according to the procedure determined by Rules of passing of military service;

49) authorized body - state body in which structure passing of military service is provided;

50) organizational and regular actions - the events held in Armed Forces, other troops and military forming on creation, liquidation, reorganization, re-deployment, resubordination, change of states of public institutions and their structural divisions and also for change of structure and the number of staff of Armed Forces, other troops and military forming;

51) the uhlan - person studying at the first or second year in the military educational institution realizing educational programs of technical and professional education based on the main secondary education.

Article 2. The legal basis of military service in Armed Forces

1. The legal basis of military service in Armed Forces, other troops and military forming is constituted by the Constitution of the Republic of Kazakhstan, the Labor code of the Republic of Kazakhstan with the features provided by this Law, the laws of the Republic of Kazakhstan regulating activities of law enforcement agencies, and other regulatory legal acts of the Republic of Kazakhstan.

2. If the international treaty ratified by the Republic of Kazakhstan establishes other rules, than those which are provided in this Law then are applied rules of the international treaty.

Article 3. Principles of military service and status of the military personnel

The principles of military service and the status of the military personnel are:

1) legality;

2) complete, sufficient and timely providing the military personnel taking into account conditions of passing of military service for accomplishment of the task set for them;

3) protection of the rights and freedoms of the serviceman against criminal and other illegal encroachments, its immunity in case of fulfillment of duties of military service;

4) one-man management and subordination;

5) independence of activities of political parties and other public associations.

Article 4. Coverage of this Law

Operation of this Law extends to all military personnel of the Republic of Kazakhstan, including to the military personnel of the Republic of Kazakhstan passing military service as a part of the joint (coalition) armed forces, and also peacekeeping forces according to the international treaties ratified by the Republic of Kazakhstan and the persons liable for call-up called on military charges.

Operation of this Law extends to political government employees in the part which is not contradicting the legislation of the Republic of Kazakhstan on public service.

Separate provisions and regulations of this Social security act of the military personnel extend to members of their families, persons dismissed from military service and also members of families of the military personnel who died, died, were missing during passing of military service or which establishes disability as a result of fulfillment of duties of military service.

The status of the citizens of the Republic of Kazakhstan dismissed from military service from Armed Forces, other troops and military forming and who moved to the permanent residence to other states is determined by international treaties of the Republic of Kazakhstan with the states elected for permanent residence.

Article 5. Status of the serviceman

1. The status of the serviceman includes common laws, freedoms and the serviceman's obligations as citizen of the Republic of Kazakhstan with the established laws withdrawals and restrictions, and also its rights, obligation and the responsibility caused by features of military service.

Withdrawals and restrictions of the rights and freedoms, special obligations and responsibility of the military personnel are compensated by the additional rights and privileges established by this Law.

The status of the serviceman is acquired by citizens:

called on military service (charges) – from the date of the publication of the order of the corresponding chief on departure from local body of military management to the place of passing of military service (charges);

arrived on military service under the contract – from the date of the publication of the order of the commander (chief) of military unit (organization) on transfer in lists of staff of part;

arrived in the military educational institutions realizing programs of technical and professional, postsecondary and higher education if before they were not military personnel, - for military educational institutions from the date of the publication of the order of the chief of military educational institution on transfer in lists of educational structure, except for uhlans, and in case of receipt in foreign military educational institution - from the date of the publication of the order of the head of authorized body on the direction for study;

the uhlans who completed the second year of training in the military educational institutions realizing educational programs of technical and professional education based on the main secondary education - from the date of the publication of the order of the chief of military educational institution on training continuation, transfer into third year and appointment to military position of variable list of the cadet.

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