PRESIDENTIAL DECREE OF THE REPUBLIC OF BELARUS

of April 25, 2005 No. 186

About procedure for passing of military service

1. Approve Regulations on procedure for passing of military service it (is applied).

2. Determine that the internal troops commander of the Ministry of Internal Affairs is granted managerial rights of state body in which the military service, the passings of military service determined by Regulations on procedure, according to the procedure and amount, established by the President of the Republic of Belarus is provided.

3. Recognize invalid:

The presidential decree of the Republic of Belarus of July 19, 2000 No. 403 "About approval of the Regulations on passing of military service by officers of Armed Forces of the Republic of Belarus" (The national register of legal acts of the Republic of Belarus, 2000, No. 71, 1/1456; 2002, No. 77, 1/3816);

subitem 2.2 of Item 2 of the Presidential decree of the Republic of Belarus of July 2, 2002 No. 345 "About enhancement of procedure for posting of the military personnel, faces of the private and the commanding structure of law-enforcement bodies, financial investigations of the State Control Committee, bodies and divisions for emergency situations to state bodies and other organizations" (The national register of legal acts of the Republic of Belarus, 2002, No. 77, 1/3816).

4. To Council of Ministers of the Republic of Belarus in six-months time:

provide reduction of acts of the legislation in compliance with this Decree;

take other measures for implementation of this Decree.

5. This Decree becomes effective in one month after its official publication, except for item 4 and this Item which become effective from the date of official publication of this Decree, and part two of Item 6 and Item 160 of the enclosed Regulations on procedure for passing of military service which become effective in six months from the date of official publication of this Decree.

Approved by the Presidential decree of the Republic of Belarus of April 25, 2005 No. 186

Regulations on procedure for passing of military service

Chapter 1. General provisions about passing of military service

1. This Provision are determined procedure for passing of military service by citizens of the Republic of Belarus (further – citizens) in peace time in Armed Forces of the Republic of Belarus, internal troops of the Ministry of Internal Affairs, the state security agencies, bodies of the border service, the Presidential Security Service of the Republic of Belarus, Operational analytical center in case of the President of the Republic of Belarus and other military forming created according to the legislation (further – military forming), procedure for the conclusion of the contract on passing of military service (further – the contract) and the terminations of its action, and also other questions carried according to the Law of the Republic of Belarus of November 5, 1992 No. 1914-XII "About conscription and military service" (further – the Law) to the sphere of regulation of this Provision.

2. Serviceman is the citizen passing military service in military forming.

Passing of military service by the military personnel includes:

appointment to military position (further - position);

assignment of military rank;

dismissal from military service;

other circumstances (events) which according to legal acts determine official and legal status of the serviceman.

3. Passing of military service is performed according to the Law, this Provision and other acts of the legislation.

Features of passing of military service by the military personnel attached to state bodies and other organizations, bodies of interstate educations and the international organizations and also other categories of the military personnel are determined by legal acts.

4. Passing of military service is performed:

soldiers, sailors, sergeants, foremen (further - soldiers and sergeants) - at the call of or to the contract;

ensigns and warrant officers (further - ensigns) - under the contract;

officers - at the call of or to the contract.

5. Orders on appointment of the military personnel to positions (release from positions, recovery in positions), transfer in the order of the corresponding commanders (chiefs), assignment of military rank (decrease in military rank, deprivation of military rank, recovery in military rank), about dismissal from military service shall contain references to the relevant standards of the Law and (or) this provision.

The form of representations, other documents concerning appointment of the military personnel to positions (releases from positions, recovery in positions), transfers in the order of the corresponding commanders (chiefs), assignment of military ranks (decrease in military rank, deprivations of military rank, recovery in military rank), certifications, prolongation of terms of military service, dismissal from military service, and also the requirement to their creation and procedure for representation are determined by the head of state body in whom the military service is provided.

6. The general duration of military service of the serviceman is determined in calendar calculation and includes time of its military service and (or) to the contract including in case of repeated revenues to this service.

In some cases, provided by the President of the Republic of Belarus, the general duration of military service is determined in preferential calculation.

In time military service are set off length of service on service in the Investigative Committee, the State committee of judicial examinations, law-enforcement bodies, bodies of financial investigations of the State Control Committee, bodies and divisions on emergency situations, and also service length as the public prosecutor's worker for the persons accepted on military service and appointed to positions of staff of the state security agencies, Operational analytical center in case of the President of the Republic of Belarus.

6-1. The 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 is not established by international treaties of the Republic of Belarus.

In case of revenues to military service under the contract the citizens having the documents specified in part one of this Item shall within 5 days from the effective date of the contract transfer them for the period of passing of military service to personnel service of the relevant state body in which the military service is provided.

Chapter 2. Procedure for the conclusion of the contract on passing of military service and termination of its action

7. The contract on passing of military service is signed in writing by the citizen meeting the requirements established for passing of military service under the contract with state body in which the military service is provided.

8. The contract becomes effective from the date of its signing by the official authorized on it by the head of state body in whom the military service is provided or from the date specified in the contract (day of the introduction of the contract in force) about what the order of the corresponding commander (chief), with indication of start date of military service under the contract and its term is issued.

The term of the contract is established according to the Law and estimated from the date of the introduction of the contract in force.

9. The contract is signed for the first time with earlier not passing military service under the contract:

9.1. the citizens accepted (enlisted) in organizations of education and on military faculties of organizations of secondary vocational education, military faculties and in the military institutes without the right of the legal entity of institutions of higher education performing training on specialties for military forming (further – military educational institutions);

9.2. the military personnel undergoing compulsory military service;

9.3. the military personnel passing military service of officers at the call of;

9.4. persons liable for call-up;

9.5. the citizens who are not consisting in inventory;

9.6. other citizens based on presidential decrees of the Republic of Belarus.

10. The contract stops the action:

10.1. in day of the expiration on which he is imprisoned;

10.2. from the date of entry into force of the new contract;

10.3. from the date of the serviceman's exception of lists of staff of military unit in case of dismissal from military service, in connection with death (death), recognition it is unknown absent or the announcement the dead;

10.4. from the date of appointment of the serviceman the head of state body in whom the military service is provided;

10.5. from the date of suspension to the serviceman of military service;

10.6. in other cases provided by legal acts.

11. The new contract with the serviceman wishing to continue military service under the contract consists in case of:

11.1. expiration of the current contract;

11.2. acceptance (transfer) in military educational institution, military research establishment for receipt of profound higher education, the scientific oriented education, the second and subsequent general higher education, passing of preparation in clinical internship in education presentia (preparation full-time);

11.3. expel from military educational institution, military research establishment of the persons who were getting profound higher education, the scientific oriented education, the second and subsequent general higher education, having training in clinical internship in education presentia (preparation full-time);

11.4. transfer from one military forming in another;

11.5. termination of the bases for suspension of military service;

11.6. release it from position of the head of state body in whom the military service is provided.

11-1. In case of transfer of faces of the private and the commanding structure from the Investigative Committee, the State committee of judicial examinations, law-enforcement bodies, bodies of financial investigations of the State Control Committee, bodies and divisions on emergency situations in military forming the contract is signed with them.

12. With the military personnel left on military service over age limit, the contract is signed for the term which is not exceeding renewal term of military service.

13. For the serviceman passing military service under the contract in the conditions which are objectively excluding possibility of the conclusion of the new contract (stay abroad, on hospitalization, in captivity, in provision of the hostage or interned and under other circumstances), the military service under the contract proceeds. In case of the termination of the specified circumstances the serviceman signs the new contract or leaves from military service on the bases and according to the procedure which are established by the Law and this Provision.

14. The new contract is signed with the citizens who are consisting in inventory, earlier passing military service under the contract and arriving on such service to positions of soldiers, sergeants, ensigns and officers, and also accepted (enlisted) in military educational institutions.

15. Forms of standard contracts, their conditions, the right of commanders (chiefs) of military units on the conclusion (signing) of contracts are determined by regulatory legal acts of state bodies in which the military service is provided.

16. The contract shall contain in quality obligatory the following data and conditions:

the name of state body with which the contract, and also position, military rank, surname, name and middle name of the official signing the contract on behalf of this body is signed;

surname, name and middle name of the citizen (serviceman), military rank of the serviceman signing the contract;

day from which the beginning of military service under the contract is estimated (day of the introduction of the contract in force);

term of passing of military service;

basic rights and obligations of the serviceman and state body with which the contract is signed;

the list of the offenses which are the basis for early contract cancelation or the termination of its action, established by legal acts, and also the head of state body in which the military service is provided;

bases of early contract cancelation and termination of its action.

Chapter 3. Procedure for position assignment, dismissal

17. Appointment of the serviceman to position is performed on condition of compliance to its requirements imposed to candidates for this position.

At the same time are considered:

professional training level of the serviceman;

the results on post achieved by the serviceman and capability to fulfill duties on position to which he is appointed;

moral and psychological qualities of the serviceman;

state of health of the serviceman;

recommendations of certifying commission (in necessary cases);

other requirements provided by this Provision.

18. The positions which are subject to substitution by the military personnel, corresponding to these positions military ranks which can be appropriated to the military personnel holding these positions military specialties and levels of military education (preparation) are provided in states of military units based on special lists.

Lists of the positions which are subject to substitution by the highest officers in military forming and the military ranks corresponding to them affirm the President of the Republic of Belarus, and lists of other positions which are subject to substitution by other military personnel and the military ranks corresponding to them - the head of state body in whom the military service is provided.

The extreme number of positions in military forming to which there corresponds the military rank "colonel" is determined by the President of the Republic of Belarus.

19. The positions which are subject to substitution by officers are completed, as a rule, with the military personnel who received the higher, the scientific oriented education, had training in clinical internship according to the specialty received by them and level of military education.

20. Appointment of the military personnel to positions shall provide their use on the main or one-profile military specialty and taking into account the available experience of office activities.

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