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LAW OF THE REPUBLIC OF TAJIKISTAN

of March 1, 2005 No. 90

About the status of the military personnel

(as amended on 25-06-2021)

This Law according to the Constitution of the Republic of Tajikistan determines the rights, freedoms, obligations and responsibility of the military personnel, and also 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. Status of the military personnel

1. The status of the military personnel is set of the rights, freedoms guaranteed by the state and also obligations and responsibility of the military personnel established by this Law, other regulatory legal acts of the Republic of Tajikistan.

2. The military personnel has rights and freedoms of man and citizen, with some restrictions set by the Constitution of the Republic of Tajikistan, this Law, the laws and other regulatory legal acts of the Republic of Tajikistan.

Obligations on preparation for the armed protection and the armed protection of the Republic of Tajikistan which are connected with need of implicit accomplishment of objectives for any conditions, including with risk for life are assigned to the military personnel. Due to the special nature of the obligations assigned to the military personnel privileges, guarantees and compensations are provided to them.

Features of the status of the military personnel passing military service in wartime during mobilization, during execution of military service in the conditions of emergency state and in case of armed conflicts are regulated by the laws of the Republic of Tajikistan, other regulatory legal acts of the Republic of Tajikistan.

3. The documents proving their identity, nationality and legal status are issued to the military personnel.

The procedure for issue to the military personnel of the specified documents and financing of the actions connected with their issue is established by the Government of the Republic of Tajikistan.

4. The military personnel has the right to storage, carrying, use of weapons according to the procedure, determined by the laws, other regulatory legal acts of the Republic of Tajikistan.

5. Public authorities of the Republic of Tajikistan, local authorities of the government and the organization have the right to establish within the powers additional benefits, guarantees and compensations by the serviceman, to the citizens of the Republic of Tajikistan (further citizens) discharged from military service and to members of their families.

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

1. The military personnel passes military service according to the Law of the Republic of Tajikistan "About general conscription and military service".

Treat the military personnel:

officers, ensigns, cadets of military educational institutions of professional education, sergeants and soldiers (further military personnel).

2. Citizens acquire the status of the military personnel from the beginning of military service and lose it with the termination of military service.

3. On the citizens called on military charges, the status of the military personnel extends in cases and according to the procedure, provided by this Law, the laws, other regulatory legal acts of the Republic of Tajikistan.

4. For the citizens who were passing military service in military units of Armed Forces of the former Soviet Union (further the USSR), other military forming of USSR and the State Parties of the Commonwealth of Independent States before acceptance of the specified military forming under jurisdiction of the Republic of Tajikistan and passed to military service into Armed Forces, other troops and military forming of the Republic of Tajikistan, the privileges, guarantees and compensations provided by this Law, the laws, other regulatory legal acts of the Republic of Tajikistan on condition of existence of the corresponding international treaties recognized by the Republic of Tajikistan remain

5. The status of the military personnel passing military service in the territories of the states which are not specified in part four of this Article and also the military personnel sent to armed forces of the specified states according to the procedure of military cooperation is determined according to international treaties of the Republic of Tajikistan.

6. Privileges, guarantees and compensations which are provided by this Law the laws, other regulatory legal acts of the Republic of Tajikistan are established:

to military personnel and members of their families;

to the citizens discharged from military service in Armed forces of the Republic of Tajikistan, other troops and military forming of the State Parties of the Commonwealth of Independent States and to members of their families;

to the citizens discharged from military service in Armed Forces of the USSR, border, internal and railway troops, troops of civil defense, bodies and troops of state security, other military forming of the USSR and to members of their families.

7. And compensations if other is not provided by this Law, the laws, other regulatory legal acts of the Republic of Tajikistan, concern to members of families of the military personnel, the citizens discharged from military service to whom the specified privileges, guarantees extend:

spouse (spouse);

minor children;

children are more senior than 18 years which became disabled people before achievement of age by them 18 years;

the children aged up to 23 years who are studying full-time in educational institutions;

persons which are dependent on the military personnel.

8. To the military personnel and citizens discharged from military service, to veterans of the Great Patriotic War and combatants in the territories of other states, to veterans of military service, and also veterans, the acting as military service in the conditions of emergency state and in case of armed conflicts, additional benefits, guarantees and compensations can be established by the laws, other regulatory legal acts of the Republic of Tajikistan.

9. Legal and social guarantees to the minor citizens studying in educational institutions of the secondary (complete) general education which additional educational programs are intended military preparation are regulated by the laws, other regulatory legal acts of the Republic of Tajikistan.

10. For the military personnel captured or as hostages, and also interned in the neutral countries the status of the military personnel remains. Public authorities and military command shall take measures for release of the specified military personnel according to rules of international law.

For the specified military personnel the cash allowance remains, material and other types of providing which are paid (are issued) to the spouses or other members of families of the military personnel living together with them, according to the procedure, established by the Government of the Republic of Tajikistan, before complete clarification of circumstances of capture or as hostages, internment of the military personnel or their release.

11. The military personnel, citizens discharged from military service and the members of their families having the right to privileges, guarantees and compensations according to this Law use privileges, guarantees, compensations, the laws established for citizens, other regulatory legal acts of the Republic of Tajikistan, and also regulatory legal acts of local authorities of the government. If specified persons at the same time have the right to the same privilege, guarantee and compensation on several bases, then privileges, guarantee and compensation on one basis, except as specified especially provided by the laws, other regulatory legal acts of the Republic of Tajikistan are provided to them at their choice.

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 posts, the given military ranks, the general duration of military service including in preferential calculation, the carried-out tasks, conditions and procedure for passing of military service by them.

2. Legal protection of the military personnel, the citizens discharged from military service and members of their families is function of the state and provides fixing in the laws, other regulatory legal acts of the rights, privileges, guarantees and compensations of specified persons and other measures of their social protection, and also legal mechanism of their realization.

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

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

enhancement of mechanisms and institutes of social protection of specified persons;

protection of their life and health, and also other measures directed on creation condition of life and activities corresponding to nature of military service and its role in society.

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