12.10.2018

On approval of the Rules of temporary assignment to vacant military posts of lower-level military personnel, persons liable for military service of an appropriate category or citizens

      Unofficial translation

      In accordance with paragraph 50 of the Rules of Military Service in the Armed Forces, Other Troops and Military Units of the Republic of Kazakhstan, approved by Decree No. 124 of the President of the Republic of Kazakhstan dated May 25, 2006 I hereby ORDER:

      1. Approve the enclosed Rules of temporary assignment to vacant military posts of lower-level military personnel, persons liable for military service of an appropriate category or citizens.

      2. The Personnel Department of the Ministry of Defense of the Republic of Kazakhstan in the procedure established by the legislation of the Republic of Kazakhstan, shall:

      1) ensure state registration of this order with the Ministry of Justice of the Republic of Kazakhstan;

      2) within ten calendar days from the date of state registration of this order, send its copy on paper and electronic form both in the Kazakh and Russian languages ​​to the Republican State Enterprise on the Right of Economic Management "Republican Center of Legal Information" for official publication and inclusion into the Reference Control Bank of Regulatory Legal Acts of the Republic of Kazakhstan;

      3) place this order on the Internet resource of the Ministry of Defense of the Republic of Kazakhstan after its official publication;

      4) send the information on implementation of measures provided for in subparagraphs 1), 2) and 3) of this paragraph to the Legal department of the Ministry of Defense of the Republic of Kazakhstan within ten calendar days from the date of state registration.

      3. Control over the execution of this order shall be entrusted to the deputy Minister of Defense of the Republic of Kazakhstan, Lieutenant-General T.S. Mukhtarov.

      4. To bring this order to the officials in the part, relating to them.

      5. This order shall be enforced upon expiry of ten calendar days after its first official publication.

      Minister of Defense of the
      Republic of Kazakhstan
      Colonel- General S. Zhassuzakov

  Approved
by order No. 751 of the
Minister of Defense of the
Republic of Kazakhstan
dated December 22, 2017

Rules of temporary assignment to vacant military posts of lower-level military personnel,
persons liable for military service of an appropriate category or citizens
Chapter 1. General Provisions

      1. These Rules of temporary assignment to vacant military posts of lower-level military personnel of persons liable for military service of an appropriate category or citizens (hereinafter – the Rules) are developed in accordance with the Rules of military service in the Armed Forces, Other Troops and Military Units of the Republic of Kazakhstan, approved by Decree No. 124 of the President of the Republic of Kazakhstan dated May 25, 2006 and shall determine the procedure for temporary assignment to vacant military posts of lower-level military personnel, persons liable for military service of an appropriate category or citizens.

      2. Temporary assignment to the post shall be made by the order of an official who is granted the right of assignment to the specified post.

      Extracts from the orders on temporary assignment shall be sent to higher personnel bodies for registering within three working days.

      3. Citizens, temporarily appointed to military posts shall conclude an employment contract within three working days from the date of issuance of the order.

      4. Excluded by the order of the Minister of Defense of the RK dated 02.11.2020 № 597 ((shall enter into force upon expiry of ten calendar days after the day of its first official publication).

Chapter 2. The procedure for temporary assignment to vacant military posts of lower-level
military personnel, persons liable for military service of an appropriate category or citizens

Paragraph 1. Temporary assignment to vacant military post of lower-level military
personnel, persons liable for military service of an appropriate category or citizens.

      5. The following officers shall be temporarily appointed to vacant military positions:

      1) military personnel of the lower position of the Armed Forces of the Republic of Kazakhstan, provided that there shall be conditions for in Article 38, paragraph 1, subparagraph 3) of the Law of the Republic of Kazakhstan dated February 16, 2012 "On military service and the status of military personnel," as well as those with continuous military service for at least five years (with the exception of persons appointed to the positions of medical workers), higher education and specialty related to the profile of the corresponding military accounting specialty, provided that they shall not be subordinate to officers;

      2) military officers of the corresponding personnel, as well as citizens with higher education and a specialty related to the profile of the corresponding military accounting specialty.

      Footnote. Paragraph 5 - in the wording of the order of the Minister of Defense of the RK dated 02.11.2020 № 597 (shall enter into force upon expiry of ten calendar days after the day of its first official publication).

      5-1. Officers of military intelligence agencies are temporarily appointed to vacant military positions:

      1) in the specialties of "information systems and cybersecurity (IT specialists)", "methods and systems of information protection (cryptography)", military personnel of lower ranks, subject to the conditions provided for in subparagraph 3) paragraph 1 of Article 38 of the Law of the Republic of Kazakhstan "On Military service and the status of military personnel", as well as those who have continuous military service experience of at least one year, higher education and a specialty related to the profile of the corresponding military accounting specialty, provided that they will not have subordinate officers;

      2) in the specialties of "mathematical and computer modeling", "space engineering and technology", military personnel of lower ranks, subject to the conditions provided for in subparagraph 3) paragraph 1 of Article 38 of the Law of the Republic of Kazakhstan "On military service and the status of military personnel", who have a higher education and a specialty related to the profile of the corresponding military accounting specialty, provided that they will not have subordinate officers.

      Footnote. The rules were supplemented by paragraph 5-1 in accordance with the Order of the Minister of Defense of the Republic of Kazakhstan dated 05.08.2021 No. 507 (shall be enforced upon the expiry of ten calendar days after the date of its first official publication).

      6. When submitting to a temporary assignment to vacant posts of officer’s position, the corresponding commander (chief) shall send a report with a list of documents, submitted for temporary assignment to an officer’s vacant position according to the Appendix to these Rules (hereinafter- the List of documents).

Paragraph 2. Temporary assignment to vacant military posts of soldiers (sailors), sergeants
(foremen), persons liable for military service of an appropriate category or citizens

      7. Temporary assignment of persons liable for military service of an appropriate category or citizens, having relevant diploma and a specialty related to the profile of the relevant military specialty and work experience shall be allowed for the vacant military posts of soldiers (sailors), sergeants (foremen).

      8. Temporary assignment of persons liable for military service of an appropriate category or citizens to the posts of soldiers (sailors), sergeants (foremen) shall be carried out after submission of the List of documents to the body of recruitment of a military unit (institution).

  Appendix to the Rules of
temporary assignment to vacant
military post of lower-level
military personnel of persons liable
for military service of a
corresponding category or citizens

List of documents submitted for temporary assignment to vacant positions

      1. A copy of the document certifying the identity of a citizen of the Republic of Kazakhstan;

      2. Copies of the diploma of education with appendices, certified by the personnel department (in the absence of a notarized one);

      3. A copy of the employment record (if there is a work experience), certified by the personnel department (in the absence of a notarized one);

      4. Certificate of acceptance of the Declaration on Individual Income Tax and property in the form approved by order No. 637 of the Minister of Finance of the Republic of Kazakhstan dated December 30, 2008 "On Some Issues of Tax and Customs Administration" (registered in the Register of State Registration of Regulatory Legal Acts under No. 5463) ;

      5. Certificate of conviction or a certificate of no criminal record in the form approved by order No. 95 of the General Prosecutor of the Republic of Kazakhstan dated July 27, 2015 “On Approval of Standards of State Services” (registered in the Register of State Registration of Regulatory Legal Acts under No. 12055).


Дата вступления в силу:  01.09.2018
Дата изменения акта:  08.05.2021
Дата принятия акта:  12.10.2018
Место принятия:  100051000000
Орган, принявший акт:  103008000000
Регион действия:  100000000000
Регистрационный номер акта в Государственном реестре нормативных правовых актов Республики Казахстан:  117582
Регистрационный номер НПА, присвоенный нормотворческим органом:  751
Статус акта:  upd
Сфера правоотношений:  025000000000
Форма акта:  ПРАВ / ПРИК
Юридическая сила:  1500
Язык акта:  eng