On Military Service and Status of Military Servants

The Law of the Republic of Kazakhstan dated 16 February 2012 No. 561-IV

Unofficial translation

      Footnote. Through the whole text, the words “auls (villages)” are substituted respectively by the words “villages” by the Constitutional Law of the Republic of Kazakhstan dated 03.07.2013 No. 121-V (shall be enforced upon expiry of ten calendar days after its first official publication).

      This Law regulates public relations in the scope of performance of military service by citizens of the Republic of Kazakhstan and determines the basis of state policy on social security of military servants.

Chapter 1. GENERAL PROVISIONS

Article 1. Basic definitions used in this Law

      The following basic definitions are used in this Law:
      1) military servants, performing military service upon call – citizens of the Republic of Kazakhstan called to military service in Armed Forces, other forces and military formations of the Republic of Kazakhstan (hereinafter – Armed Forces) for the term, determined by this Law;
      2) prospective conscripts – citizens of the Republic of Kazakhstan of male sex, undergoing training for military service before military registration;
      3) deferral – transfer of the period of the citizens’ calling to military service on the grounds, provided by this Law;
      4) conscripts – citizens of the Republic of Kazakhstan of male sex, assigned to draft offices of local bodies of military administration of districts (cities of oblast significance) and being subject to call to Armed Forces;
      5) military rank – a rank of military differences, awarded to a military servant and draftee;
      6) military card – single unlimited personal accounting military document of a citizen, determining his (her) accessory to military service and regard to military obligation;
      7) military unit manning document – the document determining the structure, organizational and staff structure, personnel strength and quantity of consolidated primary armament and military equipment in accordance with the cadastre of armament;
      8) military registration – recording and analysis system of quantitative and qualitative data on conscripts, military servants and mobilization resources;
      9) military trainings – measures, conducted by bodies of military administration on military education, acquisition and improvement of military knowledge of draftees with their calling to their military units for the purpose of increase of military battle and mobilization readiness of Armed Forces.
      Military trainings are divided into:
      active duty trainings – type of military trainings, conducted for the purpose of training and retraining of draftees, conscripts upon entering into military educational institutes (on military faculties) and students of senior divisions of higher educational institutes;
      verifying trainings – type of military trainings, conducted for the purpose of verifying the readiness of military units, intended for performance of tasks in organizational and staff structure of wartime;
      special trainings – type of military trainings, conducted for the purpose of performing measures on liquidation of emergency situations and their consequences and in other cases, determined by the President of the Republic of Kazakhstan;
      10) military uniform – official uniform with badges of ranks (issue clothing) and equipment, approved by the President of the Republic of Kazakhstan, determining accessory of military servants to Armed Forces;
      11) military service – special type of state service of military servants of Armed Forces, oriented to immediate ensuring of military security, linked with armed protection of sovereignty, territorial integrity and inviolability of borders of the Republic of Kazakhstan;
      12) dismissal from military service – exclusion of a military servant from the lists of military unit (institution) with admission to stock or resignation on the grounds, provided by this Law;
      13) contract on performance of military service – the agreement between the authorized body and a citizen of the Republic of Kazakhstan on performance of military service in voluntary basis, establishing the rights, obligations and responsibility of parties for the period of performing the military service by a citizen;
      14) military servants – citizens of the Republic of Kazakhstan being at military service in Armed Forces;
      15) military position – staff member of the state institution of Armed Forces that is imposed by official powers and official duties for performing the functions of military service;
      16) draftees – citizens of the Republic of Kazakhstan, being on military registration and in stock until the age of retirement to be on military registration;
      17) stock of draftees (stock) – draftees of the age established by this Law being on military registration in local bodies of military administration of districts (cities of oblast significance), used for the purpose of roundout, mobilizational deployment and reinstatement of Armed Forces and other state bodies of war time;
      18) military obligation – constitutional obligation of citizens of the Republic of Kazakhstan on protection of the Republic of Kazakhstan;
      19) basic military training – mandatory subject of study (educational subject) on military fundamentals and ensuring of safety and life-sustaining activity of a human;
      20) years of service – duration of the military servant’s being at military service, calculated as both in calendar and concessional calculation;
      21) general military education – compulsory education of citizens of the Republic of Kazakhstan of military education for the period of imposing martial law;
      22) personnel – military servants and persons of civilian personnel of Armed Forces;
      23) military servants performing military service under the contract – citizens of the Republic of Kazakhstan, voluntarily entered into military service in Armed Forces for the term, determined by this Law;
      24) cadets – military servants, not having a military rank of officer studying in educational centres, military faculties of educational institutes (hereinafter - military faculties), military educational institutions implementing the programs of secondary technical and professional, post-secondary and higher education;
      25) course training – the form of professional education of military servants, including increase of professional level, qualification and retraining, oriented to improvement of their military ranks, practical skills;
      26) active reserve – military servants, performing imposed operating tasks within intelligence activity;
      27) compulsory military service – military service of citizens of male sex, based on their calling to Armed Forces to military positions of private and non-commissioned personnel in the manner, determined by this Law;
      28) resignation – status of persons, dismissed from military service or excluded from military registration, attained the age of retirement of being in stock, or persons, condemned as unserviceable for military service with the exclusion from military registration;
      29) officers – military servants awarded by the relevant military ranks of officer personnel;
      30) psychophysiological and polygraphological researches – the set of test measures, oriented to overall assessment of individual and psychological and psychophysiological qualities of military servants and citizens of the Republic of Kazakhstan, carrying out upon selection for performing military service in military intelligence bodies of the Ministry of Defence, as well as on positions, linked with preservation of armament and ammunition on arsenals, bases and depot of weapons and ammunition, consisting in conducting testing and registration with the aim of special technical equipment of separate physiological reactions of a human;
      31) rotation – transfer of military servants on equal and other positions in Armed Forces;
      32) soldiers (seamen) – military servants awarded by military ranks of soldiers (seamen);
      33) sergeants (petty officers) – military servants of command personnel awarded by military ranks of the personnel of sergeants (petty officers), carrying out management functions in respect of entrusted personnel, performing the tasks on training and education of personnel;
      34) educates – citizens of the Republic of Kazakhstan, studied in organizations of general secondary, post-secondary education with additional educational programs on military education;
      35) listeners – military servants of officer personnel studied in military educational institutions, implementing the programs of post-graduate education;
      36) the authorized civil servant – a civil servant provided by the right to conclude the contract in the manner, established by the Rules of performing the military service in Armed Forces, approved by the President of the Republic of Kazakhstan (hereinafter – Rules of performing the military service);
      37) the authorized body – state body, in structure of which the performance of military service is provided;
      38) staffing measures – the measures, conducted in Armed Forces on creation, liquidation, reorganization, dislocation, re-subordination, change of staffs of state institutions and their structural subdivisions, as well as on change of structure and staff strength of Armed Forces.
      Footnote. Article 1 as amended by the Law of the Republic of Kazakhstan dated 11.04.2014 No. 189-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication).

Article 2. Legal basis of military service in Armed Forces

      1. Legal basis of military service in Armed Forces are the Constitution of the Republic of Kazakhstan, Labour Code of the Republic of Kazakhstan with special aspects, provided by this Law, Laws of the Republic of Kazakhstan, regulating the activity of law enforcement bodies and other regulatory legal acts of the Republic of Kazakhstan.
      2. If an international treaty, ratified by the Republic of Kazakhstan establishes other rules, than those provided in this Law, the rules of international treaty shall be applied.

Article 3. Principles of military service and status of military servants

      Principles of military service and status of military servants are:
      1) legality;
      2) complete, sufficient and well-timed ensuring of military servants in recognition of conditions of performing the military service for performance of the assigned task;
      3) protection of rights and freedom of military servant from criminal and other illegal infringements, its inviolability upon fulfillment of obligations of military service;
      4) individual responsibility and succession;
      5) independence from the activity of political parties and other public associations.

Article 4. Scope of application of this Law

      Force of this Law shall apply to all military servants of the Republic of Kazakhstan, as well as to military servants of the Republic of Kazakhstan performing the military service in the structure of joint (allied) armed forces, as well as peace-keeping forces in accordance with international treaties, ratified by the Republic of Kazakhstan and draftees, called to military trainings.
      Force of this Law shall apply to political state employees in the part, not contradicting to the legislation of the Republic of Kazakhstan on state service.
      Separate provisions and regulations of this Law on social security of military servants shall apply to their family members, persons dismissed from military service, as well as family members of military servants who died, deceased, missed in the period of performing the military service or became disabled persons in the result of fulfilling the duties of military service.
      Status of citizens of the Republic of Kazakhstan dismissed from military service from Armed Forces and moved to other states for permanent residence shall be determined by international treaties of the Republic of Kazakhstan with the states, elected for permanent residence.

Article 5. Status of a military servant

      1. Status of a military servant includes general rights, freedoms and obligations of a military servant as a citizen of the Republic of Kazakhstan with withdrawals and restrictions, established by the Law, as well as his (her) rights, obligations and responsibility, conditioned by special aspects of military service.
      Withdrawal and restrictions of rights and freedoms, special obligations and responsibility of military servants shall be compensated by additional rights and privileges, established by this Law.
      Status of a military servant shall be acquired by citizens:
      called to military service (trainings) – from the date of issuance of order of the relevant head on departure from local body of military administration to the place of performing the military service (trainings);
      entered into military service under the contract – from the date of issuance of order of a command officer (head) of military unit (institution) on enrollment to the lists of the unit’s personnel;
      entered into military educational institutions (on military faculties), if they are not military servants before – from the date of issuance of order of a head of educational institution on enrollment to the lists of educational institute’s (military faculty) personnel, and upon entering into foreign military educational institution – from the date of issuance of order of a head of the authorized body on referral to study.
      Status of a military servant shall be forfeited from a citizen from the date of exclusion from the lists of military unit due to dismissal from military service (completion of military trainings).
      2. Upon fulfilling the duties of military service, the military servants are under protection of the state. They shall be subordinated only to persons who are their heads in accordance with general military charters, and no one else shall have the right to interfere in their service activity, with the exception of cases, provided by the Laws of the Republic of Kazakhstan.
      3. Military servant shall be upon fulfilling the duties of military service in cases of:
      1) fulfillment of official duties;
      2) participating in combat actions, performance of tasks in conditions of emergency or military situation as well as in conditions of armed conflicts;
      3) participating in peace-keeping operations on maintenance of peace and safety;
      4) participating in anti-terrorist operations;
      5) participating in liquidation of emergency situations of natural and technogenic nature and their consequences;
      6) participating in training exercises or campaigns of ships;
      7) being in the territory of military unit within official time established by day plan or in other time, if it is caused by needs of the service;
      8) being in official trip;
      9) movement to the place of service and back;
      10) being under treatment, movement to the place of treatment and back;
      11) performance of military trainings;
      12) being in captivity, hostageship or being interned;
      13) rendering of assistance to law enforcement bodies on protection of rights and freedoms of a human and a citizen, protection of legal order and ensuring of public security;
      14) being in active reserve.
      Status of military servants upon call of officer personnel shall be determined by the status of military servants under the contract.
      Military servant of compulsory military service shall be upon fulfilling the obligations of military service within the whole period of performance of compulsory military service, and a draftee – within the whole period of performance of military trainings.
      4. Command officers (heads) shall be prohibited to give the orders (commands) and mandates that do not have regard to fulfillment of obligations of military service or oriented to violation of the legislation of the Republic of Kazakhstan.
      5. Military servants shall be issued by identity certificates of a military servant (military cards) and tags with personal numbers for satisfying their status in the manner, established by the authorized body.
      Footnote. Article 5 as amended by the Law of the Republic of Kazakhstan dated 11.04.2014 No. 189-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication).

Article 6. Rights of military servants

      1. Military servants shall enjoy all the rights and freedoms, provided by the Constitution and legislation of the Republic of Kazakhstan, in recognition of restrictions, determined by the Laws of the Republic of Kazakhstan.
      Military servants shall have the rights to:
      1) security at the expense of the state by monetary allowance on the basis of unified labour payment system of workers of the bodies of the Republic of Kazakhstan, maintained at the expense of state budget, approved by the President of the Republic of Kazakhstan in the manner, provided by the chief executive officers of the authorized bodies;
      2) security at the expense of the state by military uniforms and accessories and other types of property according to regulations, approved by the Government of the Republic of Kazakhstan;
      3) career advancement in recognition of qualification, abilities, fair fulfillment of own official duties;
      4) enter into military educational institutions and other educational organizations in coordination with the authorized civil servant and conduct course training;
      5) protection of health and conditions of service, answering requirements of the safety technique and hygiene;
      6) compensation for harm, inflicted to life and health or personal property upon fulfilling the obligations of military service in the manner, determined by the legislation of the Republic of Kazakhstan;
      7) provision of housing during the period of performing the military service in accordance with this Law;
      8) keeping, bearing and application of weapon upon fulfilling the obligations of military service.
      2. Rules of bearing the weapon by military servants shall be determined by general military charters. In the measure of last resort, military servants shall have the right to apply weapon in person or being composed of subdivisions in cases of:
      1) holding off the armed attack to protected military and civilian objects, guards, premises and constructions of military units;
      2) suppression of an attempt of forcible acquisition of weapon and military equipment;
      3) protection of military servants and civil persons from attack, threatening their life or health, as well as from the attack of animals, if it is impossible to protect them by other methods and facilities;
      4) detention of a person, committed the crime, rendering armed resistance or caught during commission of a serious crime, as well as armed person, refusing to perform legal requirements on surrender of weapon, if it is impossible to overcome resistance, detain a criminal or take out the weapon by other methods and facilities;
      5) release of hostages, taken protected objects, constructions and special (military) cargos;
      6) suppression of the persons’ escape from custody in respect of which the measure of restraint is the arrest; convicted to deprivation of freedom, as well as for suppression of attempts of their forcible release;
      7) raise of alarm signal or call for help;
      8) necessary defence and extreme necessity.
      Application of weapon shall provide prevention on intention to apply it, with the exception of sudden armed attack, attack with the use of military equipment, transport facilities, marine and river vessels, as well as escape from custody with the weapon.
      Upon application and use of weapon, the military servant shall be obliged to take all possible measures for ensuring safety of surrounding citizens, and in case of necessity to render emergency medical care to injured persons.
      It shall be prohibited to apply weapon in respect of women and minor children, with the exception of their committing the act of terrorism, armed attack, rendering armed resistance by them or commission of grouped attack by them, constituting a threat to life of a military servant or other persons, if it is impossible to hold off the attack by other methods and facilities.
      On each case of applying or use of weapon, the military servant shall report to command officer (head).
      3. The Laws of the Republic of Kazakhstan on military and emergency situation may provide the other rights to military servants.

Article 7. General obligations of military servants

      1. A military servant shall be obliged to:
      1) comply with the Constitution and other regulatory legal acts of the Republic of Kazakhstan, as well as comply with requirements of the general military charters;
      2) take a military oath in established manner;
      3) carry out orders of command officers (heads) precisely and within the term;
      4) participate in the structure of military units and subdivisions of the Armed Forces, joint (allied) armed forces in accordance with international treaties in armed conflicts;
      5) be disciplined, watchful and not to allow disclosure of state secrets;
      6) comply with conditions of the contract on performance of military service;
      7) wear military uniform upon fulfilling the obligations of military service in compliance with the rules of its wearing;
      8) comply with requirements and perform normative standards on physical training, approved by heads of the authorized bodies;
      9) be able to apply a weapon entrusted to him (her), armament and military equipment, ensure its safety and proper operation.
      2. Obligations of civil servants of Armed Forces shall be determined by the general military charters.
      3. Military servant under the contract shall be obliged to place the shares of stock (participatory shares in charter capital) of commercial organizations being in ownership of a military servant and other property, the use of which entails receipt of income into trust within one month after entering into military service for the period of performing the military service, with the exception of money, debenture bonds, units of opened and interval mutual investment funds, legally belonged to him (her), as well as other property, transferred in property lease. Property trust agreement shall be subject to notarial certification.
      4. The Laws of the Republic of Kazakhstan on military and emergency situation may impose other obligations on military servants.

Article 8. Restrictions of rights of military servants, linked with performance of military service

      Military servant shall not have the right to:
      1) be a deputy of representative bodies and member of local self-government bodies, be in political parties, trade unions, religious associations, speak in favour of any political party;
      2) engage in other paid activity, except educational, scientific and other creative activity, not impeding the fulfillment of the obligations of military service;
      3) engage in entrepreneurial activity, as well as participate in management of commercial organization independently from its legal organizational form;
      4) be a representative on affairs of third parties, with the exception of cases, provided by the Laws;
      5) use military property and other means of ensuring his (her) official activity, other state property and service information in non-service purposes;
      6) organize and participate in strikes, picketings and other protest actions;
      7) use his (her) official position with a mercenary motives, as well as by conspiracy with civil servants and other persons;
      8) hold position, being in immediate subordinance to the position, held by his (her) close relatives (parents, children, adopters, adoptees, brothers and sisters of fool and half blood, grandfathers, grandmothers, grandchildren) or husband (wife).

Chapter 2. TRAINING OF CITIZENS TO MILITARY SERVICE

Article 9. Training of citizens to military service

      1. Training of citizens to military service – the set of compulsory measures, conducted by the state bodies with citizens of preinduction and conscriptional ages for the purpose of their learning the basics of military service, as well as with draftees for the purpose of training and retraining on military technical and other military specialties for performance of military service.
      2. Training of citizens to military service shall include:
      1) basic military training;
      2) military training on additional educational programs;
      3) training on military technical and other specialties;
      4) military training through the program of retired officers.
      3. Training of citizens to military service shall be organized and ensured by state bodies in accordance with the Rules of training the citizens to military service, approved by the Government of the Republic of Kazakhstan.
      4. Heads of organizations shall be obliged to ensure possibility of performing the training to military service by prospective conscripts and conscripts.

Article 10. Basic military training

      1. Basic military training shall be conducted with citizens in educational organizations, implementing general education training programs of general secondary education and professional training programs of technical and professional, post-secondary education.
      2. Citizens being subject to call and not undergone basic military training shall conduct it before call to compulsory military service in accordance with the Rules of training the citizens to military service.
      3. Procedure for organizing and conducting, as well as forming educational and material resources of basic military training shall be determined by the Government of the Republic of Kazakhstan.

Article 11. Military training of citizens on additional educational programs in educational organizations

      1. Military training of citizens on additional educational programs shall be performed in educational organizations, implementing the programs of general secondary, technical and professional, post-secondary education.
      2. Procedure for performance of military training and ensuring of educates by all types of allowances shall be determined by the Rules of training the citizens to military service.

Article 12. Training of citizens on military and technical and other military specialties

      1. Training on military and technical and other military specialties shall be conducted in specialized organizations of the Ministry of Defence on a non-repayable basis in accordance with requirement of Armed Forces and on a remuneration basis with full or partial compensation of expenses for education.
      Upon partial compensation of expenses for education at the expense of the Ministry of Defence, the conduct of instructional firings and ensuring of fuel and lubrication materials.
      2. On a non-repayable basis, the citizens able-bodied for military service on health condition, at the age from seventeen years and six months up to twenty six years, subject to call to compulsory military service after graduation or enrolled to mobilization reserve shall be engaged in training on military technical and other military specialties. Allotment to training of junior specialists shall be formed by the authorized body.
      3. On a remuneration basis, they shall be engaged in training on military technical and other military specialties:
      draftees able-bodied to military service on health condition, for performing the military service under the contract;
      citizens at the age from twenty two and up to twenty seven years, able-bodied or partially able-bodied to military service on health condition, as well as those having an deferment from calling to military service, for study through the training programs of trained reserve.
      4. Adjustment and direction of citizens for study through the training programs of trained reserve in specialized organizations of the Ministry of Defence shall be carried out by local bodies of military administration.
      5. Mobilization body of the Ministry of Defence shall bring the state order on training of trained reserve on the base of specialized organizations of the Ministry of Defence on training of trained reserve to local bodies of military administration on the basis of applications, represented by the administration of specialized organization of the Ministry of Defence.
      6. Beginning of study of a citizen through the training program of trained reserve is the date of order’s issuance of a head of specialized organization of the Ministry of Defence on training of trained reserve on his (her) enrollment.
      7. Term of study of citizens in specialized organizations of the Ministry of Defence on training of trained reserve shall be established depending on the specialty, received through the training program of trained reserve.
      8. Completion of study is the date of the order’s issuance of a head of specialized organization of the Ministry of Defence on training of trained reserve on completion of training.
      9. Certificate form on completion of study through the training program of the trained reserve and training program of trained reserve shall be approved by the Minister of Defence of the Republic of Kazakhstan.
      10. Issuance of military cards for citizens upon completion of study shall be carried out in the manner, established by local bodies of military administration. The basis for issuing the military card is certificate on completion of study through the training program of trained reserve.
      11. For the period of undergoing the lessons in specialized organization of the Ministry of Defence, the employers shall be obliged to provide educational leaves to workers undergoing education in mentioned organizations.
      12. Work place (position) shall be preserved for citizens during the period of study through the training program of trained reserve. In this period they may not be dismissed at the initiative of an employer, with the exception of cases of liquidating a legal entity, as well as may not be expelled from educational organization at the initiative of a head of educational organization.

Article 13. Military training of citizens through the program of retired officers in higher education organizations

      1. Military training of citizens through the program of retired officers shall be conducted in accordance with allotment of the Ministry of Defence, proceeding from mobilization requirement of Armed Forces.
      2. Citizens graduated full course of military training through the program of retired officers shall be awarded by military rank “retired lieutenant” in the manner, determined by the Rules of performing the military service.
      3. Procedure for undergoing the military training through the program of retired officers shall be determined by the Rules of training of citizens to military service.

Article 14. General military training of citizens

      1. For the purpose of attracting a population to measures of civil defence and training of required contingent for bringing up to strength of Armed Forces in war time, the general military training shall be conducted as follows:
      1) men – at the age from sixteen up to sixty yeas included;
      2) women not having children or having children over ten years, - at the age from eighteen up to forty five years included.
      eneral military training of citizens shall be carried out by local bodies of military administration at the place of work, education and residence of citizens.
      2. Program of general military training shall be approved by the Government of the Republic of Kazakhstan.
      3. Ministry of Defence shall develop the program and carry out control of measures on general military training of citizens.

Chapter 3. MILITARY REGISTRATION. ASSIGNMENT OF CITIZENS TO DRAFT OFFICES

Article 15. Military registration

      1. Draftees and conscripts shall be subject to military registration, with the exception of:
      1) women not having military occupational specialty;
      2) persons released from fulfilling military obligation in accordance with this Law;
      3) persons serving the sentence in the type of deprivation of freedom;
      4) those permanently residing beyond the boundaries of the Republic of Kazakhstan.
      2. Military registration of draftees and conscripts shall be carried out at the place of their residence by local bodies of military administration, and in inhabited localities where there are no them, the military registration shall be ensured by akims of rural settlements, villages, rural districts.
      3. Rules of military registration of draftees and conscripts shall be approved by the Government of the Republic of Kazakhstan.
      4. Military servants, performing the military service in Armed Forces shall be subject to registration in the relevant bodies of military administration (managing bodies), military units (units) and institutions in the manner, established by the authorized body.

Article 16. Assignment of citizens to draft offices

      1. Assignment of citizens to draft offices – the measures of military registration, conducted by the relevant local executive bodies together with local bodies of military administration for military registering of prospective conscripts.
      2. Citizens of the Republic of Kazakhstan of male sex that attained seventeen years in the year of assignment shall be subject to assignment to draft offices.
      3. Assignment of citizens to draft offices and medical certification shall be organized and ensured by akims of oblasts (cities of republican significance and the capital), districts (cities of oblast significance) in the manner, determined by the Rules of military registration of draftees and conscripts and Rules of conducting military physician expertise, approved by the Government of the Republic of Kazakhstan.
      4. For establishing the degree of fitness for military service, upon assignment to draft offices, the citizens shall undergo medical examining board in the manner, determined by the Rules of conducting military physician expertise.
      Citizens underwent medical examining board shall be accepted to military registration of conscripts by decision of the assignment commission.
      Citizens, recognized ineligible for military service with exclusion from military registration by military physician board shall not be accepted to military registration.
      5. Citizens shall be released from work (training) for the period, required for performance of obligations, linked with military registration of prospective conscripts with preservation of work place (study) for them, held position and average salary.
      6. For conducting assignment of citizens to draft offices in districts (cities of oblast significance) by decision of local executive bodies (akimats) of a district (city of oblast significance), the assignment commissions shall be established in composition of:
      1) a chairman of commission – a deputy of a head of local executive body (akim) of district (city of oblast significance);
      2) a deputy of a chairman of commission – a head of local body of military administration of district (city of oblast significance);
      members of commission:
      3) a deputy of a head of the relevant territorial subdivision of the internal affairs bodies;
      4) a deputy of a head of the relevant local body of the state health administration – a chairman of medical examining board;
      5) a secretary.
      Personnel composition of district (city) commission on assignment, procedure for conduct and ensuring of this work on an annual basis shall be approved by decision of a head of local executive body (akim) of district (city of oblast significance).

Article 17. Obligations of civil servants, state bodies, organizations, draftees and conscripts on performing the Rules of military registration of draftees and conscripts

      1. Akims of rural settlement, village, rural district, as well as heads of organizations, in which draftees and conscripts work within their competence shall:
      1) notify draftees and conscripts on their call to local bodies of military administration;
      2) is excluded by the Law of the Republic of Kazakhstan dated 08.01.2013 No. 64-V (shall be enforced from 01.01.2013);
      3) represent the documents, confirming quantitative and qualitative composition of draftees, conscripts and prospective conscripts to the relevant local bodies of military administration of districts (cities of oblast significance);
      4) ensure transportation of citizens from other localities to local bodies of military administration of districts (cities of oblast significance) upon conducting assignment of prospective conscripts and calling the citizens to military service.
      2. Local bodies of military administration shall be obliged to carry out control of compliance with the Rules of military administration of draftees and conscripts by state institutions, organizations, draftees and conscripts within their competence.
      3. Internal affairs bodies shall be obliged to carry out detection of persons within their competence, evading from performance of military obligation.
      4. Bodies of register for acts of civil status shall be obliged to inform local bodies of military administration of districts (cities of oblast significance) on change of last name, first name and patronymic (in its existence), date and place of birth by draftees and conscripts within seven business days, as well as on cases of registering of death of a draftee or conscript.
      5. Inquiry and preliminary investigation bodies shall be obliged to inform local bodies of military administration of districts (cities of oblast significance) on draftees and conscripts in respect of whom the inquiry and preliminary investigation are carried out, and courts – on draftees and conscripts in respect of which the court considers the criminal cases, as well as verdicts entered into force in their regard within seven business days.
      6. Social security bodies of population shall be obliged to inform local bodies of military administration of districts (cities of oblast significance) on all draftees and conscripts recognized disabled within seven business days.
      7. Upon requests of local bodies of military administration, public health organizations shall be obliged to inform details on draftees and conscripts being under hospital treatment and dispensary recording before beginning of conducting the call.
      8. Details on registration and deregistration of citizens at the place of residence shall be transferred to local bodies of military administration of district (cities of oblast significance) by ensuring cooperation of state information systems of state bodies.
      9. Is excluded by the Law of the Republic of Kazakhstan dated 08.01.2013 No. 63-V (shall be enforced from 01.01.2013).
      Footnote. Article 17 as amended by the Law of the Republic of Kazakhstan dated 08.01.2013 No. 64-V (shall be enforced from 01.01.2013).

Chapter 4. PERFORMANCE OF MILITARY SERVICE

Article 18. Content of military service

      1. Military service shall include:
      1) military service upon call;
      2) military service under the contract.
      Military service upon call shall include:
      1) compulsory military service of compositions of soldiers (seamen);
      2) military service of officers called in accordance with Article 32 of this Law;
      3) military service upon mobilization, military situation, war time and upon performance of military trainings.
      Military service under contract shall include:
      1) military service of military servants performing military service under contract in positions of compositions of soldiers (seamen), sergeants (petty officers) and officers;
      2) military service and training of cadets and listeners of military educational organizations.
      2. Citizens called for military trainings shall fulfill obligations of military service.
      3. Training time of citizens on full-time departments of educational organizations of law enforcement and special state bodies shall be equated to performance of compulsory service, as well as time for performance of military education in specialized organizations of the Ministry of Defence through the training program of the trained reserve.
      4. Military servants shall take the military oath of fealty to people of the Republic of Kazakhstan.
      Military servants previously taken military oath shall take it upon call to military trainings and upon mobilization.
      5. Citizens shall be provided by deferral or be released from military service in cases and manner determined by this Law.

Article 19. Composition of military servants and military servants. Military ranks

      1. Military servants and draftees shall be divided into compositions:
      1) soldiers (seamen);
      2) sergeants (petty officers);
      3) officers.
      2. The following military ranks shall be established in Armed Forces:
      troops ship-borne
      1) composition of soldiers (seamen)
      private seaman
      private first class senior seaman
      2) composition of sergeants (petty officers)
      junior non-commissioned personnel
      junior sergeant petty officer II class
      sergeant petty officer I class
      senior sergeant chief petty officer
      senior non-commissioned personnel
      sergeant III class petty officer III class
      sergeant II class petty officer II class
      sergeant I class petty officer I class
      supreme non-commissioned personnel
      staff sergeant staff petty officer
      master sergeant master petty officer
      3) officer personnel
      junior officer personnel
      lieutenant lieutenant
      senior lieutenant senior lieutenant
      captain captain-lieutenant
      senior officer personnel
      major captain III rank
      half colonel captain II rank
      colonel captain I rank
      supreme officer personnel
      general-major real admiral
      general-lieutenant vice admiral
      general-colonel admiral
      general of the army
      3. Military ranks of officers having medical or legal specialties shall be added by the words “of medical service”, “of justice” respectively.
      4. Military ranks of supreme officer aviation personnel (flying engineering, having engineering and aviation training) shall be added by the word “of aviation”.
      5. Military ranks of citizens being in stock shall be added by the word “retired”, and those being resigned – “resigned”.

Article 20. Procedure for awarding, reduction, deprivation of military rank and restoration in military rank

      Awarding, including accelerated awarding, deprivation of military ranks of military servants and draftees shall be carried out in accordance with the Rules of performing the military service.
      Military rank of a person deprived of military rank, with the exception of supreme officer personnel shall be restored exclusively in cases of rendering of acquitting judgement by court or adoption of decision on termination of criminal act on rehabilitating grounds. Military rank of a person, deprived of military rank of supreme officer personnel shall be restored under decision of the Republic of Kazakhstan.
      Military rank of a military servant, reduced in military rank shall be awarded in accordance with the Rules of performing the military service.
      Terms for length of service in military ranks shall be established:
      1) for composition of sergeants (petty officers):
      junior sergeants – one year;
      sergeants – two years;
      senior sergeants and sergeants III class – three years;
      sergeants II class, sergeants I class and staff sergeants – four years;
      2) officer personnel:
      lieutenants – two years;
      senior lieutenants – three years;
      captains (captain-lieutenants) – four years;
      majors (captains III rank) – seven years;
      half colonels (captains II rank) – seven years.
      Terms for length of service in military ranks shall not be established for composition of soldiers (seamen), master-sergeants and colonels.
      Military rank of employees of law enforcement and special state bodies, entered into military service in Armed Forces in the manner of transfer shall be awarded in the manner of re-attestation determined by a chief executive officer of authorized body, no lower than available special rank.

Article 21. Military positions

      1. Military position shall be determined proceeding from main tasks and functions assigned to the Armed Forces.
      2. List of military positions and military ranks relevant to them in Armed Forces shall be approved by the President of the Republic of Kazakhstan.
      3. Military offices shall be divided into the positions:
      1) private personnel;
      2) non-commissioned personnel;
      3) officer personnel;
      4) supreme officer personnel.
      4. Recruiting, appointment to military positions, transfer, release from military positions and dismissal of military servants shall be carried out in accordance with the Rules of performing the military service.
      5. Military servant shall perform military service not in military positions in cases of:
      1) being at the disposal of commander (head) upon his (her) appointment to other position – no more than two months;
      2) being at the disposal of commander (head) due to conducting staffing measures – no more than three months;
      3) being at the disposal of commander (head) due to initiation of criminal case in respect of a military servant – until rendering of decision on criminal case;
      4) attachment to state bodies, international and other organizations for the purpose of performing the works in the interests of defence and security of the state in accordance with the Rules of performing the military service;
      5) being at the disposal of commander (head) due to appointment to position in Defense Attache Office of the Republic of Kazakhstan – until receipt of permitting documents for leaving beyond the boundaries of the Republic of Kazakhstan;
      6) being of military servants-women without preservation of monetary allowance at the disposal of head of authorized body upon arrival together with a spouse-military servant, referred at service, study abroad.
      Terms of being in military positions shall be determined by the Rules of performing the military service.

Article 22. Rotation

      1. Rotation of military servants shall be carried out for the purpose of needs of the service or ensuing of more effective use of their professional potential.
      2. Rotation of military servants shall be carried out under decision of a head of authorized body in the manner and terms, determined by the Rules of performing the military service.
      3. Persons having disabled wife (husband), having (being trustees of) disabled children, as well as adopted children or having aged parents being at their expense shall not be subject to rotations linked with movement to other location.

Article 22-1. Attestation of military servants

      1. Attestation of military servants of Armed Forces under contract shall be determined by the Rules of performing the military service.
      2. Unscheduled attestation of military servants of Armed Forces under contract shall be conducted under decision of the President of the Republic of Kazakhstan determining its procedure, terms and categories of attested military servants.
      Following the results of unscheduled attestation, the attestation commission shall adopt one of the following decisions:
      1) conforms to held position and recommended for nomination to superior position;
      2) conforms to held position;
      3) not conforms to held position and recommended to reduction in position;
      4) not conforms to held position and recommended to rotation;
      5) not conforms to held position and recommended to dismissal.
      In case of passing normative standards on determining professional suitability and receiving the grade upon testing lower than threshold value, attestation commission shall take one of the following decisions provided by subparagraphs 3), 4) and 5) of this paragraph.
      Military servants that didn’t attend the meeting of attestation commission for two times without reasonable excuse shall be recommended to dismissal in the manner established by this Law.
      Military servants that didn’t undergo unscheduled attestation and (or) refused to continue military service in other, as well as inferior positions shall be subject to dismissal in the manner established by this Law.
      Footnote. Chapter 4 is supplemented by Article 22-1 in accordance with the Law of the Republic of Kazakhstan dated 16.01.2013 No. 71-V (shall be enforced from 01.01.2013).

Article 23. Military uniform and rank badges of military servants

      1. Military uniform and rank badges of Armed Forces shall be approved by the President of the Republic of Kazakhstan.
      Military servant shall be ensured by parade, ordinary dress, battle, special uniform and special equipment items.
      Rules of wearing military uniform and rank badges of Armed Forces shall be established by the Ministry of Defence of the Republic of Kazakhstan, and special aspects of wearing separate items of military uniform and rank badges shall be established by the chief executive officers of authorized bodies.
      2. Wearing of military uniform by persons that do not have the right to it shall be prohibited and shall entail responsibility established by the Law.

Article 24. Terms of military service. Years of service

      1. Terms of military service in chronological order shall be established:
      1) for military servants of compulsory service – twelve months;
      2) for officers performing military service upon call – twenty four months;
      3) military servants performing military service under contract – for the terms mentioned in contract on performance of military service.
      2. Years of service shall be calculated in the manner established by the legislation of the Republic of Kazakhstan for the purposes of calculating the length of military service having the right for pension. Calculation of years of service of military servants shall be performed in the manner determined by the Government of the Republic of Kazakhstan.
      Time for performing military service not in military positions shall be counted to years of service. Years of service shall be counted to general labour experience and public service period.
      Military-servants women left abroad due to following performance of military service (entering to study) of husband-military servant, the stay period abroad shall be counted to years of service.
      Before entering into military service in Armed Forces, the years of service of military servants being at service in law enforcement and special state bodies shall be counted in recognition of their work time in law enforcement and special state bodies in positions providing awarding of military or special ranks, class ranks.

Article 25. Ages of retirement of military servants at military service

      1. Ages of retirement of military servants at military service shall be established:
      1) for military servants of soldier and junior non-commissioned personnel – forty five years;
      2) military servants of senior non-commissioned personnel and officer personnel up to half colonel (captain II rank) included – forty seven years;
      3) military servants of superior non-commissioned personnel and colonels (captains I rank) – fifty five years;
      4) general-majors (real admirals), general-lieutenants (vice admirals) – sixty years;
      5) general-colonel, admirals and generals of the army – sixty three years.
      2. Military servants attained the age of retirement shall be subject to dismissal in stock or resignation in the manner established by the Rules of performing the military service.
      Period of military service of military servants attained the age of retirement carrying out educational, scientific activity and having an academic degree of master, science degrees or ranks, upon their report, shall be extended by the heads of authorized bodies by concluding a new contract with them up to five years.

Article 26. Dismissal from military service

      1. Grounds for dismissal of military servants from military service are:
      1) attainment of the age of retirement of being at military service;
      2) expiration of period of military service upon call;
      3) expiration of the contract term;
      4) on health condition due to opinion of military physician board on recognition as ineligible or partially able-bodied for military service;
      5) reduction of strength or staffs upon impossibility of appointment to other equal positions and refusal of military servant to appointment to the lowest position;
      6) transfer to state service in state bodies (institutions);
      7) essential and (or) systematic violation in respect of conditions of a contract;
      8) on family circumstances upon:
      impossibility of residing of family member of a military servant upon medical indications in location in which the military servant performs military service, and upon absence of opportunity of his (her) transfer to new place of military service;
      change of location of military service of a husband-military servant (wife-military servant) linked with necessity of moving the family in other inhabited locality;
      necessity of permanent care of a wife (husband), close relatives, being in need of permanent care on health condition in accordance with opinion of medical organization according to place of residence or being disabled of groups I or II, or being the persons attained generally established age of retirement, or not attained the age of eighteen years, in the absence of other persons obliged to maintain mentioned citizens according to the Law;
      necessity of care of a child not attained the age of eighteen years that is nurtured by a military servant without mother (father);
      9) election (appointment) in representative bodies of the Republic of Kazakhstan;
      10) appointment to position of a judge;
      11) loss of citizenship of the Republic of Kazakhstan;
      12) refusal in special verification;
      13) on negative motives in cases of:
      entering into force of court verdict on assignment of criminal punishment for a military servant, as well as conditional punishment, with the exception of punishments in the form of restrictions on military service and arrest;
      release from criminal responsibility in non-rehabilitating grounds;
      deprivation of military rank in the manner established by the legislation of the Republic of Kazakhstan;
      abuse of substances causing alcohol, drug and other intoxication upon fulfillment of obligations of military service;
      expel from military educational institution (military faculty) with the exception of cases of expelling due to health condition and family circumstances;
      systematical violation of the conditions of contract by a military servant;
      engagement in any types of paid activity except for educational, scientific and other creative activity;
      violation of security measures by a military servant, as well as fire safety measures or traffic safety on company vehicle that entailed heavy consequences;
      absence of a military servant at service without reasonable excuse within three and more hours in a row;
      commission of guilty actions by a military servant, immediately ensuring funds or military property, if these actions give the grounds for loss of confidence to him (her) from the side of commander (head);
      violation of established requirements on ensuring the secrecy order entailed disclosure or loss of details, being the state secrets, their carriers;
      determined by labour and anti-corruption legislation of the Republic of Kazakhstan;
      14) incompetency became apparent in the results of attestation.
      Military servants upon call shall be dismissed from military service on the grounds provided by subparagraphs 2), 4), 9), 10), 11) of paragraph 1 of this Article, as military servants upon call of officer personnel – according to subparagraph 12) of this Article as well.
      2. Military servant of compulsory service shall have the right to early dismissal in cases of:
      1) creation of the right to deferral due to change of family status, with the exception of persons filed the application on refusal from deferral in accordance with paragraph 9 of Article 35 of this Law or for draft exemption;
      2) leaving abroad to permanent place of residence in family composition or for reunification with family permanently residing beyond the boundaries of the Republic of Kazakhstan in existence of confirming documents, giving the right to leave in accordance with the Laws of the Republic of Kazakhstan.
      3. Military servant upon call of officer personnel shall have the right to early dismissal from military service in existence of circumstances provided by subparagraphs 1) and 2) of paragraph 2 of Article 35 of this Law.
      4. Deceased (died) military servant shall be excluded from the lists of personnel of military unit from the following date after document supported date of death (death incident), and military servant recognized as missed or announced as decedent – from the date of entering into force of court decision.
      5. Dismissal from military service of persons that served established terms shall be suspended in case of imposing emergency or military martial for the period of its operation.
      6. Retirement pay shall be paid to military servants upon dismissal from military service with the exception of cases of dismissal on negative motives as follows:
      1) to military servants under contract in amount:
      being at military service less than 10 calendar years and dismissed upon attainment of the age of retirement of being at military service, on health condition or due to personnel reduction – three month financial allowance;
      from 10 to 20 calendar years – five month financial allowance;
      from 20 to 30 calendar years 0 twenty months financial allowance;
      more than 30 calendar years – thirty month financial allowance;
      2) military servants of compulsory service – in amount of monthly calculation index, and mentioned persons from among orphaned children and children left without parental custody – in amount of five monthly calculation indices.
      Military servants awarded by military medal (military medals) for participation in combat actions, anti-terrorist and peace-keeping operations, the amount of retirement pay shall be increased by two salaries of financial allowance.
      For military servants of officer personnel dismissed from office upon attainment of the age of retirement of being at military service, on health condition or personnel reduction without the right to pension pay for years of service together with payment of retirement pays within one year from the date of dismissal from service, the payment of salary according to military rank shall be preserved.
      By this if salaries to military servants being at service according to military rank are increased within mentioned period, the amounts of these salaries paid to military servants of officer personnel shall be increased respectively until expiration of one year after dismissal from service. Salaries according to military rank shall not be subject to payment to dismissed military servants of officer personnel being at military service upon call within one year from the date of dismissal from service.
      7. Military servants under contract of soldier, non-commissioned personnel and cadets of military educational institutions, previously not performed compulsory service, not attained the age of twenty seven years but no younger than eighteen years that served or studied less than one year and dismissed from military service and expelled on negative motives, according to established procedure shall be directed to military units for performance of residual term of compulsory service.
      Cadets of military educational institutes, previously not performed compulsory service, studied no less than one year and expelled on negative motives, not attained the age of eighteen years shall be directed to local bodies of military administration at the place of residence for military registration of conscripts for call to military service by established procedure for performance of residual term of compulsory service.
      Footnote. Article 26 as amended by the Laws of the Republic of Kazakhstan dated 16.01.2013 No. 71-V (shall be enforced from 01.01.2013); dated 23.04.2014 No. 200-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication).

Chapter 5. MILITARY SERVICE UPON CALL

Article 27. Call of citizens to military service

      1. Call of citizens to military service – a set of measures conducted by state bodies oriented to recruiting by personnel of Armed Forces on the basis of military obligation.
      2. Call of citizens to military service shall include:
      1) call of citizens to compulsory military service;
      2) call of retired officers to military service;
      3) call to military trainings;
      4) call upon mobilization, upon military situation and in war time.
      3. Call of citizens to military service shall be organized and ensured by local executive bodies.
      Local executive bodies shall ensure bodies of military administration by equipped conscription (assemble) offices, their maintenance, supply by medication, tools, fire-fighting, medical and economic property, automobile transport, as well as means of communication and protection.
      For conducting a call of citizens to military service, draft committeeы shall be created in the manner established by this Law.
      Procedure for organizing and conducting call of citizens to military service shall be determined by the Government of the Republic of Kazakhstan.
      4. Heads of organizations shall be obliged to revoke citizens subject to call from business trips, organize notification and well-timed arrival to conscription office for conduct of medical certification of citizens upon their call to military service.
      5. Call to military service of citizens of the Republic of Kazakhstan, temporary residing abroad shall be carried out in the manner established by this Law upon arrival to permanent place of residence in the Republic of Kazakhstan in the absence of the right to deferral or release from call.
      6. A citizen shall be recognized as called to military service from the moment of issuing the order of a head of local body of military administration of oblast (city of republican significance or the capital) on his (her) call to military service.

Article 28. Draft committees

      1. Draft committees shall be created for the period of conducting a call under decision of local executive bodies in composition determined by Article 16 of this Law.
      Composition of oblast (city of republican significance or the capital) draft committee shall include a deputy of a head of territorial body of the National Security Committee of the Republic of Kazakhstan.
      Composition of draft committees may also include other representatives of state bodies and public associations. Numerical strength of committees may be odd numbered.
      Schedule of conducting a call of citizens to military service shall be approved by local executive body.
      2. Oblast (city of republican significance or the capital) draft committee shall:
      1) carry out management and control of the activity of district (city of oblast significance) draft committees;
      2) verify accuracy of representing deferrals and releases from call to military service to citizens;
      3) organize medical inspection of citizens called to military service before their referral to the place of performing the service, citizens entering to study through the training programs of the trained reserve and entering into military educational institutions;
      4) conduct repeated medical certification of citizens declared disagreement with opinion on their fitness (unfitness) for military service;
      5) consider complaints and applications of citizens for decision of district (cities of oblast significance) draft committees;
      6) cancel decisions of district (cities of oblast significance) draft committees.
      3. District (cities of oblast significance) draft committee shall conduct medical certification of conscripts and citizens entering into military educational institutions (on military faculties).
      Following the results of medical certification, district (city of oblast significance) draft committee in respect of a citizen entering into military educational institution (on military faculty) shall adopt decision on its referral for passing competitive entrance examinations or on refusal in referral.
      Following the results of medical certification, the district (cities of oblast significance) draft committee in respect of conscript shall adopt one of the following decisions:
      1) shall be subject to military service;
      2) provide deferral from call to military service;
      3) release from call to military service;
      4) release from fulfilling military obligation.
      Decision of draft committee shall be notified to a citizen subject to call to military service within one day, copy of which shall be handed at his (her) will.
      Decision of draft committee may be appealed by a citizen in a judicial proceeding or in oblast (city of republican significance or the capital) draft committee. Preliminary application to oblast (city of republican significance or the capital) draft committee is not compulsory condition for application in court.
      Upon simultaneous consideration of applications in oblast (city of republican significance or the capital) draft committee and in court, the oblast (city of republican significance or the capital) draft committee shall suspend consideration of the application before entering into force of court decision.
      Court decision entered into force shall be compulsory for fulfillment by the relevant draft committees.
      4. Heads of authorized bodies shall recall decision of draft committee on call in respect of persons ineligible for military service according to health condition, and shall return them to draft committees with representation of substitution before taking military oath by them.
      Footnote. Article 28 as amended by the Law of the Republic of Kazakhstan dated 16.01.2013 No. 71-V (shall be enforced from 01.01.2013).

Article 29. Medical examining board

      1. For conduct of medical certification of conscripts and citizens entering into military service under contract in military educational institutions (on military faculties), medical examining boards shall be created in composition of draft committees.
      2. Following the results of medical certification of conscripts and citizens entering into military service under contract in military educational institutions, medical examining boards shall give opinions on degree of their fitness to military service.
      3. Procedure for medical certification and composition of medical examining boards shall be determined by the Rules of military physician expertise.

Article 30. Obligation of citizens subject to call to military service

      Citizens subject to call to military service shall be obliged to appear upon notice of local body of military administration in draft committee. Notice shall be handed to a citizen in person by civil servants of local bodies of military administration or at the place of work (study) by a head of organization against signature.
      In case of impossibility to hand a notice to a citizen in person, ensuring of his (her) arrival shall be imposed on the relevant internal affairs body.

Article 31. Call of citizens to compulsory military service

      Call of citizens to compulsory military service shall be performed twice a year on the basis of the Decree of the President of the Republic of Kazakhstan and regulation of the Government of the Republic of Kazakhstan.
      Citizens at the age from eighteen to twenty seven years not having the right to deferral or release from call shall be subject to call to compulsory military service in a quantity required for recruiting of Armed Forces.

Article 32. Call to military service of retired officers

      Retired officers at the age from twenty nine years able-bodied for military service shall be called in time of peace on the basis of regulation of the Government of the Republic of Kazakhstan for performing the military service in positions of officer personnel upon applications of the authorized bodies.

Article 33. Call of draftees to military trainings

      Draftees shall be called to military trainings:
      within republican measures on mobilization training, conducted by central executive bodies – on the basis of regulation of the Government of the Republic of Kazakhstan;
      within measures on mobilizing training, preparation of territorial defence, conducted by local executive bodies of oblasts (cities of republican significance and the capital) – on the basis of regulation of akim of oblast, city of republican significance, the capital.

Article 34. Call of citizens on mobilizing in military situation and in war time

      1. Call of citizens to military service on mobilizing in military situation and in war time shall be conducted on the basis of the Decree of the President of the Republic of Kazakhstan and in the manner established by this Law.
      2. With draftees and conscripts called to military service upon mobilizing in military situation and in war time, full calculation shall be conducted at the place of work (service), salary for actual worked period, retirement pay and compensation payments for unutilized leave shall be paid. Citizens called upon mobilizing in military situation and in war time shall be preserved by dwelling place held by them. Social security (benefits, pensions) of families of citizens called to military service upon mobilizing in military situation and in war time shall be conducted in accordance with the legislation of the Republic of Kazakhstan.
      3. Upon conduct of mobilizing, upon imposing military situation and in war time local executive bodies, organizations shall be obliged to ensure well-timed notification and delivery of draftees and conscripts to conscription offices or military units.

Article 35. Deferral from call to military service

      1. Deferral from call to military service shall be provided to citizens under decision of district (city of oblast significance) draft committee.
      Deferral shall be provided on the following grounds:
      1) on family circumstances;
      2) for continuation of education;
      3) on health condition;
      4) on other reasons.
      2. Deferral from call to military service on family circumstances shall be provided to:
      1) citizens engaged in care of family members being in need of exterior aid and not being in full social security, in the absence of close relatives or other persons residing in the territory of the Republic of Kazakhstan together with them or separately, obliged to maintain mentioned family members according to the Law.
      Family members being in exterior aid and care are:
      father, mother, wife, as well as grandfather and grandmother in the absence of parents of conscript, if they are on his (her) dependence attained the pension age or being disabled persons of group I or II;
      brothers and sisters being disabled persons of group I or II or not attained the age of eighteen years, in the absence of parents;
      mother (father) that have one and more children beside the conscript, being disabled persons of group I or II or not attained the age of eighteen years, and that nurture them without a husband (wife);
      mother (father) that have one and more sole relatives (father, mother, brother, sister) to keep, being incapable for work by age or disabled persons of group I or II and maintain them without a husband (wife);
      one of the parents that maintain the second parent to keep, being disabled person of group I or II and nurture one and more children besides the conscript until eighteen years;
      2) citizens that have dependents:
      a child (children) nurtured without mother;
      persons where they were in nurturing and maintenance no less than two years due to death of own parents or deprivation of their parental rights, or conviction to deprivation of freedom by court;
      3) citizens being married and having one and more children.
      3. Deferral from call to military service for continuation of education shall be provided to:
      1) citizens receiving general secondary education in educational organizations for the period of study;
      2) citizens receiving technical and professional, post-secondary or higher education of full time course of study in the relevant educational organizations, the full time education in faith (religious) educational organizations, as well as in higher educational institutes of other states, until graduation of one higher education upon representing confirmation documents on education;
      3) citizens receiving post-graduate professional education for the period of study.
      4. Referral from call to military service on health condition shall be provided to citizens by decision of draft committee for the term up to one year.
      5. Referral from call to military service on other reasons shall be provided to:
      1) teachers of educational organizations located in rural area having post-secondary or higher pedagogical education and working on specialty for the whole working period;
      2) doctors having the relevant education, working permanently on specialty in rural area for the whole working period in public health organizations;
      3) deputies of the Parliament of the Republic of Kazakhstan or local representative bodies for the term of their deputative powers;
      4) persons in respect of which inquiry, preliminary investigation are carried out or criminal cases are considered by courts, respectively until the end of inquiry, investigation or entering into force of court verdict;
      5) ship crew members having the relevant education for the whole working term in organizations of water transport.
      6. Citizens admitted to stock with awarding of military rank of officer personnel shall be provided by deferral from call to military service upon family circumstances, on health condition for continuation of post-graduate professional organization and on other reasons.
      7. Deferral from call to military trainings shall not be provided.
      8. Deferral of citizens upon call to military service on mobilizing in military situation and in war time shall be suspended with the exception of deferral on health condition.
      9. Citizens shall have the right to refuse from deferral, with the exception of deferral on condition of health and may be called to military service upon representing personal application and the relevant notarized document from interested persons and bodies of social protection of population.
      10. Citizens that lost the grounds for deferral provided by this Law shall not be subject to call in the manner established by this Law.
      Footnote. Article 35 as amended by the Law of the Republic of Kazakhstan dated 04.07.2013 No. 132-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 36. Release from call to military service and military trainings

      1. The following citizens shall be released from call to military service in time of peace:
      1) recognized ineligible for military service on health condition;
      2) not called to compulsory military service on a legal basis upon attainment of twenty seven years;
      3) one of relatives of which (father, mother, brother or sister) is died, deceased or became disabled person of group I or II upon fulfilling employment duties during performance of military service;
      4) performed military (alternative) service in other state;
      5) having academic degree;
      6) ministers of religion of registered religious associations.
      2. The following persons shall be released from call to military trainings:
      1) persons working in state bodies of the Republic of Kazakhstan in positions linked with ensuring of defence, security and legal order;
      2) aviation personnel of state, civil and experimental aviation;
      3) persons working in farm economy and in organizations on repair of agricultural equipment for the period of sowing and harvesting operations;
      4) pedagogical workers of educational organizations of full time of course for the period of academic year;
      5) those studied in educational organizations of full time of course;
      6) women-draftees;
      7) draftees within two years after dismissal in stock;
      8) persons having three and more children at the age up to eighteen years;
      9) persons in respect of whom the inquiry, preliminary investigation are carried out or criminal case is considered by court;
      10) draftees, elected (appointed) by deputies of the Parliament of the Republic of Kazakhstan or local representative bodies.
      3. Draftees mentioned in subparagraph 7) of paragraph 2 of this Article shall not be released from performance of special trainings.
      4. Citizens recognized ineligible for military service on health condition shall be released from call to military service on mobilizing in military situation and in war time.
      5. Citizens having the right to release from call to military service may be called to military service at their will upon representation of the relevant notarized documents from interested persons and applications, except for citizens mentioned in subparagraph 1) of paragraph 1 of this Article.
      6. Citizens having records of conviction shall not be subject to call to military service in time of peace.
      7. Citizens that lost the grounds for release from call provided by subparagraph 1) of paragraph 1 of this Article shall be subject to call in the manner established by this Law.

Chapter 6. MILITARY SERVICE UNDER CONTRACT

Article 37. Contract on performance of military service

      1. Contract on performance of military service shall be concluded by a citizen of the Republic of Kazakhstan with authorized civil servant of Armed Forces.
      2. Contract shall be concluded in written between two parties in voluntary basis in accordance with the legislation of the Republic of Kazakhstan and shall be terminated:
      1) upon expiry of term;
      2) due to voluntary dismissal of a military servant;
      3) from the date of conclusion of other contract on performance of military service by a military servant;
      4) in other cases established by the legislation of the Republic of Kazakhstan.
      3. Contract on performance of military service shall be stated by voluntariness of citizen’s entering into military service, term within which a citizen shall be obliged to perform military service and other conditions of contract.
      4. Conditions of contract on performance of military service shall include obligation of a citizen to perform military service in Armed Forces within the term established by the contract. Conditions of contract shall contain the right of a citizen to comply with his (her) rights and rights of his (her) family members including receipt of priveleges, guarantees and compensations established by the legislation of the Republic of Kazakhstan.
      5. Military servants appointed to position by the President of the Republic of Kazakhstan shall perform military service in the relevant position without conclusion of contract on performance of military service. Requirements of this Law in respect of military servants under contract shall be applied to these military servants.
      After release of mentioned military servants from position, they shall conclude new contract on performance of military service or shall be dismissed from military service in the manner determined by the Rules of performing the military service.
      6. Military servants of compulsory service having higher education and served for six months shall have the right to enter into military service under contract to position being allied to the relevant military occupational specialty in the manner determined by the Rules of performing the military service.

Article 38. Requirements submitted to persons entering into military service under contract

      1. Persons entering into military service under contract shall satisfy the following requirements:
      1) have citizenship of the Republic of Kazakhstan;
      2) be no younger than nineteen years with the exception of cadets and no older than the age for five years younger than age of retirement of being at military service depending on military rank established by this Law;
      3) have military occupational specialty that is relevant to military position;
      4) serve compulsory military service or undergo training on senior division of higher educational institution or military training in specialized organizations of the Ministry of Defence on training of trained reserve, with the exception of women.
      2. Military service under contract shall not accept a person as follows:
      1) recognized incapable or partially capable by court;
      2) having disease preventing fulfillment of obligations of military service in accordance with opinion of military physician board;
      3) refused to accept restrictions established by the Laws of the Republic of Kazakhstan;
      4) previously convicted or released from criminal responsibility on non-rehabilitating grounds or in respect of which the criminal case is initiated;
      5) that was brought to disciplinary responsibility for commission of corrupt infraction within two years before entering into military service;
      6) imposed by administrative sanction in a judicial proceeding for commission of corrupt infraction within three years before entering into military service;
      7) imposed by administrative sanction in a judicial proceeding for commission of intended infraction within one year before entering into military service;
      8) dismissed from state or military service on negative motives, if three years have not passed from the date of dismissal.
      Special verification shall be conducted in respect of a person entering into military service under contract.
      Special verification with applying psychophysiological and polygraphological researches shall be conducted in respect of persons entering into military service under contract in bodies of military intelligence of the Ministry of Defence, as well as to positions linked with preservation of arms inventory and ammunition in arsenals, bases and depots of weapons and ammunition.
      3. Medical certification shall be conducted for determination of conformity of a person to established requirements in accordance with the Rules of military physician expertise.
      4. The grounds for refuse to person entering into military service under contract are as well:
      1) misrepresentation of details mentioned in paragraph 2 of this Article;
      2) absence of vacant positions on military occupational specialty of a candidate;
      3) negative results of psychophysiological and polygraphological researches.

Article 39. Entering of citizens in military educational institutions (on military faculties). Conclusion of contracts on performance of military service with citizens trained in military educational institutions (on military faculties)

      1. The following persons shall have the right to enter into military educational institutes (on military faculties):
      1) citizens that didn’t perform military service, attained seventeen years in the year of entering but no older than twenty one year;
      2) citizens performed military service and military servants performing compulsory military service upon their attainment of twenty four years in the year of entering;
      3) military servants performing military service under contract upon their attainment of twenty five years.
      Entering of citizens into military educational institutions shall be carried out on a competition basis in accordance with the Rules of entering into military educational institutions approved by authorized body.
      In case of same indications upon conduct of competition for admission to composition of trainers of military educational institutions, the priority right shall have:
      graduates of Republican school “Zhas ulan”;
      educates of educational organizations with additional programs on military training;
      children of military servants who died, missed during performance of service or received disability during performing the military service.
      Rules of entering into military faculties of higher educational institutions and procedure for organization of study in there shall be approved by the Ministry of Defence together with authorized body in the field of education.
      Military servants transferred for study in military educational institutions of foreign states shall study in accordance with international treaties of the Republic of Kazakhstan and contracts.
      2. Beginning of fulfilling the obligations of military service of a cadet (listener) is a date of his (her) admission to military educational institution, on military faculties – from the moment of concluding the contract on performing the military service.
      3. Citizens admitted to military educational institutes (on military faculties) shall be appointed to military positions in accordance with the Rules of performing the military service.
      4. Citizens that didn’t perform military service shall acquire status of a military servant and conclude the contract on performing the military service upon admission to military educational institutions.
      Military servants under contract shall conclude new contract on performing the military service upon admission to military educational institutions.
      Upon admission to military educational institutions the citizens performed military service under contract, as well as performing or performed military service upon call shall conclude a contract on performance of military service from the date of issuing the order on admission.
      Upon admission to military faculties, the citizens shall acquire a status of a military servant, and military servants shall conclude new contracts on performing the military service upon transfer to the course of study next to the last on military faculty.
      Military servant refused to conclude a contract on performance of military service in the manner established by this Law shall be subject to expel from military educational institute (military faculty).
      5. Military servant not admitted to military educational institute (on military faculty) shall be directed for performing the military service in the manner established by the Rules of performing the military service.
      6. Military servant expelled from military educational institute (military faculty), as well as refused to conclude a contract on performing the military service, if he (she) was eighteen years as from the date of expel and he (she) didn’t serve established term of military service upon call, shall be directed to the place of service until expiration of established term of military service upon call by order of an authorized body. By this, the military servant expelled from educational institution for academic failure, indiscipline, on other negative motives or at own initiative, shall be obliged to compensate the state for budget funds, expensed for his (her) education.
      7. In case of refusal of the military servant to perform military service upon graduation of military educational institution (military faculty) or dissolution of a contract due to dismissal from military service on negative motives or at own initiative, he (she) shall be obliged to compensate the state for budget funds expensed for his (her) education. The sum that is subject to deduction shall be calculated proportionally for each full unserved month until expiration of term of the contract.
      Procedure for compensation of budget funds to the state expensed for education of military servants in military educational institutions shall be established by the authorized bodies, on military faculties – by the Ministry of Defence.
      8. Military servants upon graduation of higher educational institutes (military faculties) shall be awarded by military rank “lieutenant”.

Article 40. Term of a contract and procedure for its conclusion

      1. Contract on performance of military service shall be concluded:
      1) for three years – for persons for the first time entering into military service;
      2) for five years;
      3) for ten years;
      4) until attainment of the age of retirement of being at military service;
      5) for cadets – for the term of study in military educational institution (on military faculty of higher educational institution) and for ten years of military service after its graduation;
      6) for listeners – for the term of study and for five years of military service after graduation of military educational institute or until attainment of the age of retirement of being at military service.
      2. Procedure for selecting the candidates and their entering into military service under contract shall be determined by the Rules of performing the military service.

Chapter 7. STAYING IN STOCK

Article 41. Admission to stock

      1. Persons admitted to stock are:
      1) dismissed from military service with admission to stock;
      2) not performed military service due to release from call to military service;
      3) not performed military service due to provision of deferrals from call upon attainment of the age of twenty seven years;
      4) women having military occupational specialty;
      5) performed training on program of retired officers on senior divisions of higher educational institutions;
      6) received apprenticeship on training programs of the trained reserve in specialized organizations of the Ministry of Defence.
      2. Persons being in stock shall undergo medical certification for determination of fitness for military service in accordance with the Rules of military physician expertise.
      3. Persons released from call to compulsory military service shall be admitted to stock by local bodies of military administration of district (city of oblast significance) with awarding of military rank of stock “private” (“seaman”).
      4. Military occupational specialty of persons upon admission to stock shall be determined by local bodies of military administration of district (city of oblast significance).
      5. Stock of draftees for bodies of national security and authorized body in the scope of foreign intelligence shall be created in accordance with the legislation of the Republic of Kazakhstan.
      6. Being in stock shall be consisted in performance of military trainings, performance of rules of call to military service and in compliance with obligations according to military registration.
      7. Stay in active reserve of military servants of bodies of military intelligence of the Ministry of Defence shall be consisted in performance of imposed operative tasks within intelligence activity.
      8. Upon performance of military trainings or military service under contract by draftees admitted to stock, they shall be transferred to the category of draftees admitted to reserve.

Article 42. Age of retirement of being in stock

      1. Age of retirement of being in stock of draftees is:
      1) composition of soldiers (seamen), sergeants (petty officers) – up to fifty years included;
      2) for officer personnel – up to sixty years included.
      2. Age of retirement of being in stock of women-draftees is:
      1) for compositions of soldiers (seamen), sergeants )petty officers) – up to thirty five years included;
      2) for persons of officer personnel – until forty five years included.
      3. Draftees attained the age of retirement of being in stock, or persons recognized ineligible for military service on health condition with exclusion from military registration shall be transferred in resignation.
      4. In war time the President of the Republic of Kazakhstan may increase the age of retirement of being in stock up to five years.

Article 43. Performance of military trainings

      1. Draftees shall be called to active duty, verifying and special military trainings, as well as shall be involved in classes on military training.
      2. Draftees shall be called to active duty trainings lasting up to two months once every five years.
      3. Draftees may be involved in verifying trainings for the term up to fifteen days for the period between active duty trainings.
      4. General term of trainings for the time of being in stock may not exceed eighteen months for draftees. By this, time of being in verifying trainings shall be counted to the general term of being in active duty trainings.
      5. Special trainings shall be conducted lasting up to three months.
      6. Place of work and held position shall be preserved for draftees for the period of military trainings, they shall be paid by average salary, and unemployed persons – by minimal salary at the expense of the state.
      Period of being of a draftee beyond the area of place of trainings without reasonable excuses shall not be counted to the term of performing the military trainings.

Chapter 8. SOCIAL SECURITY OF MILITARY SERVANTS

Article 44. Social security of military servants

      1. All categories of military servants shall be ensured by monetary allowance for fulfillment of obligations of military service established on the basis of unified wage system – workers of bodies of the Republic of Kazakhstan maintained at the expense of state budget approved by the President of the Republic of Kazakhstan.
      Monetary allowance shall include financial allowance (official salary and salary according to military rank), premiums for special conditions of performing the service and other premiums provided by active legislation.
      Official salaries of military servants under contract shall be determined in recognition of length of state service.
      Amounts of official salaries and salaries according to military ranks of military servants under contract shall be established no less than amounts of official salaries of state employees on the relevant positions and amounts of supplemental payments for the relevant special ranks and class ranks.
      In case of absence of a military servant at military service without reasonable excuse, the monetary allowance for the days of being absent shall not be paid to him (her).
      Procedure for paying monetary allowance, benefits and other payments shall be established by authorized bodies.
      2. Upon accomplishment of battle missions on searching, transferring, disposal and destruction of explosive ordnances and other explosive devices, military servants shall be paid by compensation in amount of one monthly calculation index per day in the manner determined by authorized body.
      3. Military servants performing the service in positions linked with operation, storage of radioactive materials, ionizing radiation sources, extremely high frequencies and (or) components of rocket fuel, involved to these works and works on liquidation of accident consequences on objects linked with operation, storage of radioactive materials, ionizing radiation sources, extremely high frequencies and (or) components of rocket fuel, shall be provided by additional leave lasting up to twelve days a year proportionally to actually worked time.
      4. Military servants under contract shall be paid by pecuniary compensation in amount established by the Law on republican budget for the relevant financial year for paying expenses for public services, with the exception of those residing in closed or separate military garrisons, on frontier posts and in commandant's offices in the manner, determined by chief executive officers of authorized bodies.
      5. Medical maintenance of military servants in military health care institutions (organizations) shall be carried out at the expense of the state.
      In the absence of military health care institutions at the place of service or residence of military servants or absence of the relevant departments in there or special equipment, medical aid shall be provided upon medical indications within guaranteed volume of gratuitous medical aid in state health care organizations independently from departmental subordination, in health care organizations based on the right of private property, and individuals engaged in private medical practice.
      Compensation for expenses on provision of medical aid within guaranteed volume of gratuitous medical aid of military servants to health care organizations based on the right of private property, and individuals engaged in private medical practice, shall be carried out at the expense of state budget funds in the manner established by the Government of the Republic of Kazakhstan.
      Expensed funds for treatment shall be compensated to military servants within guaranteed volume of gratuitous medical aid by the authorized body in the structure of which they perform military service.
      Military servants received wounds, contusions, injuries, maims or diseases upon fulfilling the obligations of military service shall be directed to health resorts at the expense of the funds of Armed Forces in the structure of which they perform military service.
      Military servants of compulsory military service and cadets of military educational institutes shall be ensured by sanatorium-resort therapy at the expense of the state in existence of medical indications.
      6. Military servants shall be ensured by military uniforms and accessories at the expense of the state according to standards established by the Government of the Republic of Kazakhstan in the manner determined by chief executive officer of the authorized body.
      7. Military servants shall be ensured by food according to standards established by the Government of the Republic of Kazakhstan in cases of:
      1) pulling combat duty;
      2) duty on guard;
      3) incurring daily details;
      4) participation in field extrications (access to sea);
      5) carrying out of measures upon storm readiness in basing places;
      6) keeping the watch in lighthouses;
      7) performance of underwater tasks (works);
      8) parachute jumping;
      9) accompaniment of military trains;
      10) being under hospital treatment in military health care institutions (organizations);
      11) detention in guardhouse.
      Military servants of flight personnel shall be ensured by food for the time of performing the military service.
      Engineering and technical personnel admitted to maintenance of aviation equipment and flight servicing, shall be ensured by food for the period of preparation and flights operation.
      8. Military servants shall have the right to travel on railway, air, water and automobile transport at the expense of the state upon movement at service, dismissal from military service, upon movement to hospital treatment and back, as well as to transportation up to ten tons of own property upon movement at service and dismissal from military service.
      Military servants shall be compensated for other expenses for travel by transport on the territory of the Republic of Kazakhstan and on postal matters in cases provided by this Law.
      Upon official movement of military servants under contract linked with movement from one inhabited locality to another over a distance more than 100 kilometers (as well as in composition of military unit or subdivision), they shall be paid by installation allowance in amount of two months financial allowance for the military servant himself (herself) and half of monthly financial allowance for each family member, moved together with him (her).

Article 45. Provision of housing for military servants

      1. Military servants being in need of housing and their family members – a husband (wife) permanently residing with them; minor children (adopted children being in dependence or under trusteeship) in common or of one of spouses, children (adopted children being in dependence or under trusteeship) and children of a husband (wife) studying in educational organizations of full time course at the age up to twenty three years; disabled children (adopted children being in dependence or under trusteeship) and disabled children of a husband (wife) being disabled before the age of eighteen years; parents being in dependence of a military servant shall be provided by housing for the period of performing the military service at the expense of the state.
      2. Provision of housing for military servants shall be performed in the manner provided by the Law of the Republic of Kazakhstan “On housing relations”.

Article 46. Leaves for military servants

      1. Military servants under contract shall be provided by annual basic leave with paying allowance for recovery in amount of two official salaries, the length of which shall be established depending on years of service in a calendar calculation:
      1) less than ten years – 30 days;
      2) from ten to twelve years – 35 days;
      3) twenty and more years – 40 days.
      Military servants being in flight work, sea duty, pulling combat duty, war service, performing service in the areas according to the list established by the Government of the Republic of Kazakhstan independently from years of service, the length of leave shall be established for 40 days.
      Length of annual basic leave shall be calculated in calendar days without considering public holidays falling on days of the leave independently from the order of the day and reglament of duty hours.
      2. Besides the annual basic leave, military servants shall be provided by additional leaves provided by the legislative acts of the Republic of Kazakhstan.
      General length of annual basic and additional leaves may not exceed sixty days for the relevant year, by this time required for travel to the place of leave and back shall be provided additionally.
      Leave of a military servant under contract may be divided into two parts in recognition of the interests of service.
      3. Military servants of compulsory service shall be provided by short-time leave in the form of incentive in the manner determined by general military charters.
      4. Military servants shall be provided by sick leaves, short time leaves on family circumstances, and those studying in military educational institutes (on military faculties) – by canicular leave.
      Military servants (except for military servants of compulsory service) shall be provided by educational leaves for training and passing entrance examinations in organizations implementing the programs of post-graduate education, as well as for passing entrance examinations in higher educational institutions, and candidates for a degree of doctor (PhD) and doctors on profile shall be provided by sabbatical leaves in the manner established by the legislation of the Republic of Kazakhstan.
      5. Annual basic leave shall be discontinued in case of notifying mobilizing, military or emergency situation, in war time and in case of official necessity in the manner determined by the chief executive officer of the authorized body. By this the unused part of the leave shall be provided in current year or following year.
      If unused part of the leave is ten calendar days and more, military servants shall be provided additionally by time required for travel to the place of leave and back.
      Upon report of a military servant, the unused part of the leave shall be allied to paid annual basic leave for the following year.
      6. Military servants directed beyond the boundaries of the Republic of Kazakhstan for carrying out of obligations imposed on them or to study shall enjoy the same rights for leave as those performing the service in the territory of the Republic of Kazakhstan.

Article 47. Article 47. Special aspects of social security of military servants under contract of private and non-commissioned personnel

      Military servants performing the military service under contract in positions of soldiers (seamen), sergeants (petty officers), served no less than eight years in calendar calculation shall have the right to compensation of expenses for study in higher educational institutes of the Republic of Kazakhstan on a paid basis in amount of fifty percent of the cost for study at the expense of budget funds. A military servant may exercise this right only once.
      Compensation for mentioned expenses to military servant shall be carried out by authorized body in the structure of which the military servant performs military service.
      Upon transfer of a military servant to other educational organization, the amount of compensation for expenses for study in higher educational institutes of the Republic of Kazakhstan shall be subject to adjustment.
      Upon provision of academic leave to military servant, he (she) shall preserve the right to compensation for expenses for study in higher educational institutes of the Republic of Kazakhstan.
      Military servant having the right to compensation for expenses for study in higher educational institutes of the Republic of Kazakhstan shall be guaranteed by compensation for expenses for study in other higher educational institutes in cases of liquidation and reorganization of educational organization, suspension of validity, deprivation of educational organization in which he (she) studied (studies).

Article 48. Special aspects of social security of military servants of compulsory service and cadets of military educational institutes (military faculties)

      Military servants of compulsory service and cadets of military educational institutes (military faculties) shall be provided by military uniforms and accessories, food by standards established by the Government of the Republic of Kazakhstan.
      Upon departure to leave, on vocations they shall be paid by pecuniary compensation instead of rations in kind.
      Military servants of compulsory service upon running to short-time leave and back, cadets of military educational institutes (military faculties) upon running to canicular leave and on probation period, as well as return, shall be provided by the right to travel by railway, water and automobile transport at the expense of the state. Cadets studying in foreign military educational institutes shall be provided by the right to travel by air transport as well at the expense of the state upon running to canicular leave and back.
      Military servants of compulsory service, cadets of the first and second years of military educational institutes shall be paid by compensation for postal matters as well in amount determined by the Government of the Republic of Kazakhstan.
      For the period of performing compulsory service and study in military educational institute, military servants shall be placed in barracks for residence. Cadets may be provided by halls of residence as well for the period of studying in military educational institute (on military faculty).
      Footnote. Article 48 as amended by the Law of the Republic of Kazakhstan dated 04.02.2013 No. 75-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 49. Additional social security of separate categories of military servants

      Military servants participating (engaged) in combat actions, anti-terrorist and peace-keeping operations, and military servants of the bodies of military intelligence of the Ministry of Defence, participated in performance of imposed operative tasks within intelligence activities, shall be provided by additional leave lasting for two weeks that shall be added to annual leave.
      For military servants participating (engaged) in combat actions and anti-terrorist operations, the period of combat actions and anti-terrorist operations shall be counted in years of service on a preferential basis as one month of service for three months.
      For military servants participated (engaged) in peace-keeping operations, the period of participating in peace-keeping operations shall be counted for a military servant on a preferential basis as one month for one and a half month.

Article 50. Social security of citizens dismissed from military service

      1. Persons dismissed from military service according to age, on health condition, received disease due to fulfilling the obligations of military service, as well as having twenty and more years of service, shall be provided by medical maintenance at the expense of the state in military health care institutions (organizations), and having twenty five and more years of service – by sanatorium-resort therapy in existence of indications according to the list of diseases determined by the Government of the Republic of Kazakhstan.
      In the absence of relevant departments or special equipment in military health care institutions (organizations), medical aid shall be provided upon medical indications to persons within guaranteed volume of gratuitous medical aid:
      1) in state health care organizations independently from departmental subordination;
      2) in health care organizations based on the right to private property;
      3) by individuals engaged in private medical practice.
      The funds expensed for treatment within amount of guaranteed volume of gratuitous medical aid shall be compensated to mentioned persons by the authorized body, in the structure of which they performed military service, in the manner determined by the Government of the Republic of Kazakhstan.
      2. Persons mentioned in paragraph 1 of this Article shall be ensured by social adaptation upon dismissal from Armed Forces as well as for the purpose of acquiring civil specialties during performance of military service.

Article 51. Compensations for military servants in case of death incidence (death) or receiving maim

      1. In case of death incident (death) of a military servant during his (her) performance of military service or a draftee called to military trainings, upon establishment his (her) disability or in case of receiving main by him (her) linked with fulfillment of obligations of military service, the payment of lump sum compensation shall be made in the manner determined by the Government of the Republic of Kazakhstan.
      2. In case of death incident (death) during performance of military service or after dismissal from service in the result of main (wound, injury, contusion), disease received in the result of fulfilling the obligations of military service, the heirs of a military servant shall be paid by lump sum compensation in amount of five-year financial allowance according to the last held position on the date of death incident (death), and heirs of a cadet of military educational institute (military faculty), draftee, called to military trainings – in amount of 500 monthly calculation indices.
      3. Lump sum compensation upon establishing disability to military servant under contract during his (her) performance of military service or occurred in the result of maim (wound, injury, contusion), disease received in the result of fulfilling the obligations of military service shall be paid in the following amounts before expiration of one year from the date of dismissal from military service:
      1) disabled person of group I – three month financial allowance;
      2) disabled person of group II – eighteen month financial allowance;
      3) disabled person of group III – six month financial allowance.
      In case of receiving serious maim (wound, injury, contusion) by military servants under contract upon fulfilling the obligations of military service not entailed disability, they shall be paid by lump sum compensation in amount of one and a half month financial allowance; minor maim – half of monthly financial allowance.
      Military servants of compulsory service, cadets of military educational institutes (military faculties) receiving scholarship, draftees called to military trainings shall be paid by lump sum compensations in the cases provided by this paragraph in the following amounts:
      1) disabled person of group I – 250 monthly calculation indices;
      2) disabled person of group II – 150 monthly calculation indices;
      3) disabled person of group III – 50 monthly calculation indices;
      4) for serious maim – 12 monthly calculation indices;
      5) for minor maim – 4 monthly calculation indices.
      4. Lump sum compensation shall not be paid, if in the manner established by the legislation of the Republic of Kazakhstan it is proved that death incident (death) of a military servant or maim received by them occurred:
      1) in the result of self-murder with the exception of carrying to self-murder in existence of court decision entered into force;
      2) upon commission of crimes or administrative infractions;
      3) on the reason of use or application of substances by him (her) causing alcohol, drug or other type of intoxication;
      4) in the result of intended infliction of bodily damage to himself (herself) (self-injury) or other harm to own health for the purpose of receiving lump sum compensation or evading from military service;
      5) in the result of actions of a military servant violating the conditions of contract on performance of military service.
      5. Burial of military servants, draftees called to military trainings, died upon performance of military service or died in the result of maim (wound, injury, contusion), disease received in the result of fulfilling the obligations of military service shall be performed at the place of military service (trainings) or on other place at the will of their relatives. All expenses linked with preparation to transportation of a body, transportation of a body, burial, producing and installing gravestone shall be carried out at the expense of the authorized body in which military servants, draftees called to military trainings performed military service (trainings) in amounts established by the Government of the Republic of Kazakhstan.
      Provisions mentioned in this paragraph shall be applied to citizens dismissed from military service upon attainment of the age of retirement of being at military service, on health condition or due to personnel reduction having general length of military service of twenty five years and more, as well as to participants of combat actions and anti-terrorist operations independently from general length of military service.
      6. In case of death of receiver of pension payments for years of service from among military servants, his (her) family or person carried out burial shall be paid by lump sum payment for burial in amount of three pension payment for the moment of death of a receiver.
      Family members of died receivers of pension payments for years of service from among military servants independently from appointment of benefit on account of loss of breadwinner shall be paid by lump sum benefits: to wife (husband) – in amount of three month pension of breadwinner and for each incapable family member – in amount of monthly pension of the breadwinner, paid to him (her) till the date of death.
      Upon determination of amount of lump sum of benefit provided by this paragraph, the number of family members having the right to benefit includes: a wife (husband) independently from age and capacity to work; children not attained eighteen years or older this age, if they became disabled persons until attainment of the age of eighteen years or they were students of full time educational institutions and not attained the age of twenty three years; parents being in dependence of died person, attained the age of retirement established by the legislation or being disabled.
      Footnote. Article 51 as amended by the Laws of the Republic of Kazakhstan dated 04.02.2013 No. 75-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 23.04.2014 No. 200-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication).

Article 52. Social security of military servants’ family members

      1. Medical maintenance of family members of military servants under contract in military health care institutions shall be carried out at the expense of the state.
      In the absence of military health care institutions at the place of service or residence or absence of the relevant departments in there or special equipment, medical aid shall be provided within the guaranteed volume of gratuitous medical aid on medical indications in state health care organizations independently from departmental subordination, in health care organizations based on the right of private property and individuals engaged in private medical practice.
      2. Family members of military servants under contract permanently residing with them shall be provided by the right to travel on air, railway, water and automobile transport upon movement of a military servant at service, his (her) dismissal from military service at the expense of the state.
      3. Children of military servants as well as of those died, deceased or missed during performance of service shall be provided by the places in childcare centres out of turn at the place of residence by local executive bodies.
      Children of military servants, died or received disability upon fulfilling the obligations of military service, missed during performance of service shall enjoy the right of non-competitive admission to military residential schools, Republic school “Zhas Ulan”.

Chapter 9. RESPONSIBILITY OF MILITARY SERVANTS

Article 53. Responsibility of military servants

      1. For violation of military discipline, a commander (head) shall apply the following types of disciplinary sanctions to a military servant:
      1) admonition;
      2) reprimand;
      3) severe reprimand;
      4) prevention on incomplete official competence;
      5) reduction in position for one stage;
      6) reduction in military rank for one stage;
      7) dismissal from military service on negative motives.
      2. In relation of military servants of compulsory service and cadets of military educational institutes (military faculties) except for those mentioned in paragraph 1 of this Article, the following types of disciplinary sanctions shall be applied:
      1) deprivation of regular dismissal from location of military unit or from a ship to bank;
      2) deprivation of lapel badge of Armed Forces.
      3. In relation of officers upon call, reduction in military rank shall be performed until military rank “junior sergeant” (“petty officer II class”). By this, this military servant shall be transferred to composition of sergeants (petty officers) and shall serve upon expiry of established term of compulsory service.
      4. Dismissal from military service on negative motives shall not be applied in relation of military servants performing military service upon call.
      5. Bringing of military servants to disciplinary responsibility shall be performed in the manner established by the general military charters.

Article 54. Responsibility of military servants for crimes, offences and other infractions

      For crimes, offences and other infractions military servants shall bear criminal, administrative, civil and disciplinary responsibility in accordance with the Laws of the Republic of Kazakhstan.

Chapter 10. TRANSITIONAL PROVISIONS

Article 55. Transitional provisions

      1. This Law enters into force upon expiry of ten calendar days after its first official publication, with the exception of paragraphs 2, 4 and 7 of Article 44 and Article 45 that shall enter into force from 1 January 2013.
      2. Military servants awarded by military ranks before enforcement of this Law, the terms of service in these military ranks shall be calculated in accordance with the legislation being in force before entering into force of this Law.
      Military servants as well as citizens being in stock or being in resignation having the military ranks “petty officer”, “master chief petty officer”, “warrant officer”, ‘midshipman”, “senior warrant officer”, “senior midshipman” awarded to them before entering into force of this Law, shall preserve these military ranks.
      3. Military servants for which the ages of retirement of being at military service are changed by this Law shall have the right to dismiss or hand in resignation upon attainment of the following ages of retirement:
      1) to half colonel (captain II rank) – forty five years;
      2) colonels (captains I rank) – fifty three years;
      3) colonels (captain I rank) being awarded by the military rank before 21 July 2005 – fifty years;
      4) general-majors (real admirals) and general-lieutenants (vice admirals) being awarded by the military rank before entering into force of this Law – fifty eight years;
      5) general-majors (real admirals) and general-lieutenants (vice admirals) being awarded by the military rank before 21 July 2005 – fifty five years;
      6) general-colonels (admirals) being awarded by the military rank before entering into force of this Law – sixty years.
      3-1. Military servants performing military service with military ranks “petty officer”, “master chief petty officer”, “warrant officer”, ‘midshipman”, “senior warrant officer”, “senior midshipman”, shall perform military service in the manner determined by the Rules of performing the military service. For the mentioned category of military servants, the age of retirement of being at military service is the age established y subparagraph 2) of paragraph 1 of Article 25 of this Law.
      4. Contracts on performance of military service concluded before entering into force of this Law shall be terminated upon expiry in accordance with the legislation being in effect before entering into force of this Law.
      5. Force of this Law in a part of providing service housing only for the period of military service shall be applied to military servants under contract being at military service less than ten years by 1 January 2013.
      Payment of special-purpose compensation for hire (lease) of dwelling place shall be made to military servants under contract being at military service less than ten years by 1 January 2013.
      6. Military servants being at military service ten years and more in calendar calculation by 1 January 2013 shall be provided by service housing from the state housing fund, to which they have the right to privatize (with the exception of dwelling places located in closed and separate military garrisons, on frontier posts and in commandant's offices) on conditions and in the manner provided by housing legislation of the Republic of Kazakhstan.
      7. Military servants being at military service fifteen years and more in calendar calculation by 1 January 2013 shall have the right to privatize service housing without compensation after twenty years of military service in calendar calculation.
      In cases when service housing is not subject to uncompensated privatization, as well as due to its location in closed and separate military garrisons, on frontier posts and in commandant's offices, the right of uncompensated privatization shall be compensated by the cost of the relevant dwelling place in the manner determined by the Government of the Republic of Kazakhstan.
      Privileges provided by paragraphs 6-7 of this Law shall be applied only once.
      8. Military servants under contract, dismissed upon attainment of the age of retirement of being at military service, upon expiry of the term of contract, on health condition or due to personnel reduction, the years of service of which was ten years and more by 1 January 2013, the retirement pay upon dismissal from military service shall be paid in the following amounts:
      having the length of service at military service from 10 to 15 calendar years – four months financial allowance;
      from 15 to 20 years – five months financial allowance;
      from 20 to 25 years – six months financial allowance;
      from 25 to 30 years – seven months financial allowance;
      more than 30 years – eight months financial allowance.
      Military servants awarded by military medal (military medals) during performance of military service, the amount of retirement pay shall be increased by two salaries of financial allowance.
      9. Citizens that entered into military service under contract for the first time in position of soldiers (seamen), sergeants (petty officers) before 1 January 2013, shall be paid by lump sum pecuniary recompense depending on the term of concluded contract in the following amounts:
      for 3 years – in amount of 1 official salary;
      for 5 years – in amount of 10 official salaries;
      for 10 years – in amount of 20 official salaries.
      Payment of mentioned pecuniary recompenses shall be made no later than three months from the date of conclusion of the contract.
      Received lump sum pecuniary recompense shall be subject to refund:
      1) upon dismissal from military service upon expiration of the term of contract in the cases provided by subparagraphs 11), 12) and 13) of paragraph 1 of Article 26 of this Law;
      2) if in the manner established by the legislation of the Republic of Kazakhstan, it is proved that the wound, contusion, injury, maim or disease unsuited with the further performance of military service occurred upon commission of illegal actions by military servants or on the reason of alcohol, drug, toxic intoxication or infliction of any bodily damage (self-injury) to themselves or other harm to own health for the purpose of evading from military service.
      Refund of paid lump sum of pecuniary recompense shall be performed to the state body in which a military servant performed military service in monthly term from the date of his (her) dismissal from military service.
      In case of death incident (death), receipt of wound, contusion, injury, maim or disease unsuited with the further performance of military service, refund of lump sum pecuniary recompense shall not be made to military servants during the period of performing the military service.
      10. Shall be deemed to have lost force from the date of entering into force of this Law:
      1) the Law of the Republic of Kazakhstan dated 20 January 1993 “On status and social protection of military servants and their family members” (The Bulletins of the Supreme Soviet of the Republic of Kazakhstan, 1993, No. 2, Article 32; No. 18, Article 429; 1995, No. 20, Article 120; No. 22, Article 133; the Bulletin of the Parliament of the Republic of Kazakhstan, 1997, No. 7, Article 79; 1999, No. 8, Article 247; No. 23, Article 920; 2001 No. 20, Article 257; 2003 No. 15, Article 135; 2004 No. 23, Article 142; 2007, No. 9, Article 67; No. 10, Article 69; No. 20, Article 152; 2009, No. 2-3, Article 8; 2011, No. 1, Article 7; No. 16, Article 129);
      2) the Law of the Republic of Kazakhstan dated 8 July 2005 “On military obligation and military service” (The Bulletin of the Parliament of the Republic of Kazakhstan, 2005, No. 14, Article 60; 2007, No. 9, Article 67; No. 20, Article 152; 2008, No. 6-7, Article 27; 2010, No. 10, Article 48; No. 24, Article 151; 2011, No. 1, Article 7; No. 17, Article136; the Law of the Republic of Kazakhstan dated 9 November 2011 “On amendments and supplements in several legislative acts of the Republic of Kazakhstan on the issues of improvement of law enforcement activity and further humanization of criminal legislation” published in newspapers “Yegemen Kazakhstan” 15, 16 November 2011 and “Kazakhstanskaya Pravda” 15, 16 and 19 November 2011).
      Footnote. Article 55 as amended by the Law of the Republic of Kazakhstan dated 23.04.2014 No. 200-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication).

      The President
      of the Republic of Kazakhstan              N. Nazarbayev