Article 21. Military positions of the Law on Military Service and the Status of Military Personnel

Home / RLA / Article 21. Military positions of the Law on Military Service and the Status of Military Personnel

 1. The military position is determined based on the main tasks and functions assigned to the Armed Forces, other troops and military formations.

2. The list of military positions and their corresponding military ranks in the Armed Forces, other troops and military formations is approved by the President of the Republic of Kazakhstan.

3. Military positions are divided into positions:

1) enlisted personnel;

2) non-commissioned officers;

3) officers;

4) senior officers.

4. Recruitment, appointment to military positions, transfer, dismissal from military positions, transfer to state, special state and law enforcement agencies, service in civil protection bodies and dismissal of military personnel are carried out in accordance with the Rules of military service.

In respect of military personnel and civilian personnel (employees) appointed to positions, the list of which is approved by the first head of the authorized state body, an inspection is carried out using psychophysiological and polygraph examinations in accordance with the procedure determined by the first head of the authorized state body.

4-1. A citizen of the Republic of Kazakhstan and a serviceman enrolled in a military, special educational institution implementing educational programs of technical and vocational higher education (military faculty), is appointed to the military post of cadet and cadet, respectively.

A military serviceman who is undergoing military service under a contract, enrolled in a military or special educational institution under a postgraduate educational program, is relieved of his previous military position and appointed to a military position as a master's student, doctoral student, military resident doctor or adjunct.

4-2. An ulan who has been transferred to the third year of study, as well as a citizen on the basis of general secondary education or a serviceman enrolled in military educational institutions that implement educational programs for technical and vocational higher education, are appointed to a military position of a cadet or cadet or military intern of the Armed Forces, respectively.

A military serviceman undergoing military service under a contract, enrolled in a military educational institution implementing postgraduate educational programs, is relieved of his previously held military position and appointed to a military position of a variable composition of a master's student or doctoral student, doctoral student, military resident doctor or adjunct of the Armed Forces, other troops and military formations, with the exception of students with the use of remote control training.

5. A serviceman performs military service not in military positions in the following cases::

1) being at the disposal of the commander (chief) when he is appointed to another position – no more than two months;

2) being at the disposal of the commander (chief) in connection with organizational and staff events - no more than three months;

3) being at the disposal of the commander (chief) in connection with the issuance of a decision against a serviceman on the qualification of the suspect's act or the application of a preventive measure in a criminal case of a crime – until the final decision on the criminal case is made.;

By the Normative Resolution of the Constitutional Court of the Republic of Kazakhstan dated January 24, 2025 No. 62-NP, subparagraph 3) of paragraph 5 of Article 21 of this Law of the Republic of Kazakhstan is recognized as corresponding to the Constitution of the Republic of Kazakhstan in the following interpretation: This subparagraph regulates the cases and duration of military service by a serviceman not in military positions while at the disposal of the commander (chief) in connection with the issuance of a decision against a serviceman on the qualification of a suspect's act or the application of a preventive measure in a criminal case of a crime and is not a reason for increasing the age limit for a serviceman's military service or extending the term military service. When applying the provisions of subparagraph 3) of paragraph 5 of article 21, any other interpretation of it is excluded.

4) being at the disposal of the head of the authorized body in connection with secondment to government agencies, international and other organizations in order to perform work in the interests of defense and security of the state in accordance with the Rules of military service;

5) being at the disposal of the commander (chief) in connection with his appointment to a position in the office of the military attache of the Republic of Kazakhstan – until obtaining permits to travel outside the Republic of Kazakhstan;

6) being at the disposal of the head of the authorized body when staying with a spouse who is a military serviceman or an employee of law enforcement or special state bodies of the Republic of Kazakhstan, who has been sent to serve or study abroad;

7) excluded by the Law of the Republic of Kazakhstan dated 13.06.2017 No. 69-VI (effective ten calendar days after the date of its first official publication);

8) being at the disposal of the first head of the authorized body of military personnel who have been awarded the first military rank of officer "lieutenant" in connection with graduation from a higher military educational institution of a foreign state, the training program of which, in accordance with the legislation of the country of study, provides for military training - until the end of the military internship;

9) being at the disposal of the commander (chief) of military personnel who have been sent and enrolled in educational organizations that implement full–time postgraduate education programs - for the duration of training;

10) being at the disposal of the first head of the authorized body during the period of military training – for the duration of the training.

6. The terms of military service are determined by the Rules of Military Service.

7. The period of stay of a serviceman on annual basic leave, on treatment in military medical (medical) units, and in the case of their absence at the place of military service or the absence of appropriate departments in them, in medical organizations, are not counted in the period of the condition at the disposal.

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

This Law regulates public relations in the field of military service by citizens of the Republic of Kazakhstan and defines the foundations of the state policy on social security for military personnel.

President

Republic of Kazakhstan

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