Article 26. Discharge from military service The Law on Military Service and the Status of Military Personnel

Home / RLA / Article 26. Discharge from military service The Law on Military Service and the Status of Military Personnel

1. The dismissal of a serviceman from military service is carried out on the following grounds:

1) upon reaching the age limit for military service;

2) upon the expiration of the conscription period;

3) upon expiration of the military service contract;

4) for health reasons in connection with the conclusion of the military medical commission on the recognition of unfit or limited fit for military service;

5) in connection with the reduction of the staff of a military unit (institution) if it is impossible to be appointed to other equivalent military positions and the refusal of a serviceman to be appointed to a lower military position;

6) in connection with transfer to the civil service or to state institutions, except for transfer to law enforcement or special state bodies of the Republic of Kazakhstan, to service in civil protection bodies;

7) in connection with the termination of citizenship of the Republic of Kazakhstan;

8) due to the impossibility of further military service based on the results of a special inspection by an authorized state body;

9) due to an official discrepancy revealed by the results of the attestation;

10) in connection with the expulsion from a military or special educational institution, except in cases of expulsion of graduates of military educational institutions implementing technical and vocational education programs, as well as military interns, resident military doctors, undergraduates, doctoral students and adjuncts;

11) for negative reasons;

12) in connection with the lifting of the state of emergency for persons who have served the prescribed period.

2. The dismissal of a serviceman from military service for negative reasons is carried out in the following cases::

1) the entry into force of the court's conviction for the commission of a crime;

2) exemption from criminal liability for the commission of a crime on the basis of paragraphs 3), 4), 9), 10) and 12) the first part of Article 35 or Article 36 of the Criminal Procedure Code of the Republic of Kazakhstan;

3) the establishment of the fact of the use of a psychoactive substance or intoxication during the performance of military service, confirmed by the results of a medical examination conducted at a medical organization, as well as the refusal or evasion of its passage;

4) establishing the fact of non-medical use of narcotic drugs, psychotropic substances, and their analogues during off-duty hours, confirmed by the results of a medical examination conducted at a medical organization;

5) systematic (two or more times) violation of the terms of the military service contract;

6) failure to provide or misrepresentation of the information specified in paragraph 2 of Article 38 of this Law, regardless of the date of the commission;

7) deprivation of military rank in accordance with the procedure established by the legislation of the Republic of Kazakhstan;

8) absence of a serviceman of a special state body or an internal affairs body of the Republic of Kazakhstan on duty for three or more consecutive hours without a valid reason;

9) violations of the established requirements for ensuring the secrecy regime, which led to the disclosure or loss of information constituting state secrets and their carriers;

10) defined by the labor legislation of the Republic of Kazakhstan and the Law of the Republic of Kazakhstan "On Combating Corruption";

11) committing an offense discrediting military service.

12) driving a vehicle in a state of alcoholic and (or) narcotic, and (or) substance abuse intoxication.

Misconduct discrediting military service is the actions of a serviceman, including those not related to the performance of military service duties, but clearly undermining the authority of military service in the eyes of citizens, namely:

using official position for personal gain;

engaging in any type of entrepreneurial activity, including commercial intermediation, except in cases where this is their official and special duties in accordance with the legislation of the Republic of Kazakhstan.;

performing works and rendering services using official position and receiving remuneration for it;

the commission of culpable acts by a serviceman directly servicing budgetary funds or state property, if these actions give grounds for loss of confidence in him by an authorized official.;

the appearance of a serviceman in military uniform in a public place in a state of alcoholic or other intoxication caused by the non-medical use of narcotic drugs, psychotropic substances, and their analogues, insulting human dignity and public morality;

participation in gambling of a monetary or other property nature and (or) betting on money, things and other valuables.

3. A military serviceman undergoing military service under a contract has the right to early retirement from military service.:

1) in the event of a significant and (or) systematic (two or more times) violation of the terms of the contract of military service in respect of him;

2) for family reasons when:

the inability of a member of his family to live for medical reasons in the area where he is doing military service, and in the absence of the possibility of his transfer to a new place of military service;

a change in the place of military service of a serviceman's spouse (military spouse) related to the need for the family to move to another locality;

the need for permanent care of a spouse, close relatives who need permanent care for health reasons in accordance with the conclusion of a medical organization at their place of residence, or who are persons with disabilities of the first or second group, or persons who have reached the generally established retirement age established by the legislation of the Republic of Kazakhstan or who have not reached the age of eighteen, in the absence of other persons who are legally obliged to support these citizens;

the need to take care of a child (children) under the age of eighteen, who is being raised by a serviceman without a mother (father);

3) in case of election or appointment to the representative bodies of the Republic of Kazakhstan;

4) in case of election or appointment to the position of a judge.

4. A conscripted serviceman shall be discharged from military service on the grounds provided for in subitems 2), 4) and 7) of paragraph 1, subitems 1) and 2) of paragraph 2, and subitems 3) and 4) of paragraph 3 of this article.

4-1. The dismissal of a military reservist from military service is carried out on the grounds provided for in paragraphs 1), 3), 4), 5), 7), 8) and 11) of paragraph 1, sub-paragraphs 1), 2), 3), 4), 5), 9), 10) and 11) (with the exception of cases of engaging in entrepreneurial and (or) professional activities) of the first part of paragraph 2, paragraph 3 of this Article, as well as in the case of non-presentation or distortion of the information specified in paragraph 2 of Article 40-2 of this Law, regardless of the date of commission.

5. A conscript has the right to early discharge in the following cases::

1) the right to a postponement due to a change in marital status, with the exception of persons who have applied for a waiver of a postponement in accordance with paragraph 9 of Article 35 of this Law or for exemption from conscription;

2) departure for permanent residence as part of a family abroad or for reunification with a family permanently residing outside the Republic of Kazakhstan, if there are supporting documents granting the right to leave in accordance with the laws of the Republic of Kazakhstan.

6. A serviceman undergoing military service upon conscription of officers has the right to early discharge from military service in the presence of circumstances provided for in subparagraphs 1) and 2) of paragraph 2 of Article 35 of this Law.

7. A deceased serviceman is excluded from the lists of a military unit (institution) from the day following the documented date of death, and a serviceman recognized by a court as missing or declared dead – from the date of entry into force of the court decision.

8. The dismissal from military service of a serviceman who has served the established time limits is suspended in the event of a state of emergency or martial law, or a crisis situation for the period of their validity.

At the same time, the military service contract concluded with him is valid during the period of emergency or martial law, or a crisis situation.

9. Upon discharge from military service upon reaching the age limit for military service, for health reasons or in connection with a reduction in the staff of a military unit (institution), a severance (one-time) allowance is paid in the amount of the length of service.:

less than 10 calendar years, – a three-month salary;

from 10 to 15 calendar years, – a four-month salary;

from 15 to 20 calendar years, – a five-month salary;

from 20 to 25 calendar years, – a six-month salary;

from 25 to 30 calendar years, – a seven-month salary;

over 30 calendar years, – an eight-month salary.

Upon re-admission to military service under a contract, the amount of the severance (lump sum) allowance is determined taking into account the previously paid severance (lump sum) allowance, except in cases where this severance (lump sum) allowance was not paid earlier upon discharge from military service or from service from civil protection, law enforcement and special state bodies of the Republic of Kazakhstan.

Upon discharge from military service upon expiration of the term of military service upon conscription or for health reasons, severance pay is paid in the amount of one monthly calculation index, and to the specified serviceman from among orphans and children left without parental care - in the amount of five monthly calculation indices.

A serviceman who has been awarded the Order (orders) of the Republic of Kazakhstan or the former Union of Soviet Socialist Republics for participation in combat operations, anti-terrorist and (or) peacekeeping operations, the amount of severance pay is increased by two salaries.

To a military officer who served under a contract and was discharged from military service upon reaching the age limit for military service, for health reasons or due to staff reductions in a military unit (institution), in the absence of the right to pension payments for years of service along with the payment of a severance (lump sum) allowance for one year from on the day of discharge from military service, the payment of salary according to military rank remains.

At the same time, if salaries for military personnel are increased during the specified period, the amounts of these salaries paid to military officers discharged from military service are increased accordingly.

10. Enlisted and non-commissioned military personnel who have entered military service under a contract in accordance with paragraph 6 of Article 37 of this Law, cadets and cadets who have not served the prescribed term of military service, who have not reached the age of twenty-six, but are not younger than eighteen years old, who have served or studied for less than one year and who have been discharged from military service under a contract or They are sent from military and special educational institutions to military units (institutions) in accordance with the established procedure to complete the remaining term of military service., but not for less than three months.

Cadets and cadets who have not previously completed military service, who have not reached the age of eighteen, who have studied for less than one year and who have been expelled from military or special educational institutions, are sent to local military authorities at their place of residence or place of temporary residence (residence) to register conscripts for conscription in accordance with the established procedure for military service. the remaining term of military service, but not less than three months.

The training time for cadets and cadets who have been expelled from a military or special educational institution is counted towards the term of military service.

A cadet or cadet who was expelled from a military or special educational institution for academic failure, indiscipline, on his own initiative, as a result of dismissal from military service for negative reasons, in connection with the termination of citizenship of the Republic of Kazakhstan, as well as who refused to conclude a contract for military service, is obliged to reimburse the state for the money corresponding to the cost of food, payment scholarships and travel during his studies at a military or special educational institution, with the exception of the costs of the first year of study.

These obligations do not apply to cadets and cadets who were discharged during the first year of study at a military or special educational institution and were not transferred to the next course, sent in accordance with the established procedure to military units (institutions) to complete the remaining term of military service.

Enforcement proceedings initiated under judicial acts that entered into force before January 1, 2018, regarding the recovery of money from expelled cadets and cadets to the state revenue, are terminated in accordance with the procedure established by the Law of the Republic of Kazakhstan "On Enforcement Proceedings and the Status of Bailiffs".

Claims for recovery of the money provided for in part four of this paragraph to the state revenue are filed against cadets and cadets who were expelled after January 1, 2018.

Reinstatement in a military or special educational institution or admission to military service under a contract is the basis for suspending the collection of money spent on education for the period of training and (or) military service under the contract. After ten years of military service (for flight personnel – fifteen years), according to the contract, in calendar terms, without taking into account the period of study at a military or special educational institution, the collection of money spent on training ceases.

A serviceman who has graduated from a military or special educational institution, in case of dismissal from military service for negative reasons, in connection with the termination of citizenship of the Republic of Kazakhstan or due to an official discrepancy revealed by the results of certification, is obliged to reimburse the state the money corresponding to the cost of providing meals, scholarships and travel for cadets and cadets during their training in a military, a special educational institution, except for the costs of the first year of study, proportionally for each full month under-served before the end of the military service contract.

A graduate of a military or special educational institution implementing technical and vocational education programs (based on basic secondary education), in cases of non-admission to a military or special educational institution implementing higher education programs and refusal to continue military service, is sent to military units (institutions) to complete the remaining term of military service, but not for less than three months, without reimbursement of the money spent on his education.

The procedure for reimbursing the state for the money spent on training a serviceman in military or special educational institutions is determined by the first head of the authorized state body in whose structure the military or special educational institution is located.

In case of dismissal of a serviceman of the Armed Forces, other troops and military formations, or an employee of law enforcement or special state bodies of the Republic of Kazakhstan, civil protection bodies who graduated from a military or special educational institution and did not serve ten years after graduation (for flight personnel – fifteen years) for negative reasons, in connection with the termination of citizenship of the Republic of Kazakhstan or due to an official discrepancy revealed by the results of certification, state bodies are obliged to notify the state body, whose structure includes a military or special educational institution, within one month.

11. A military serviceman undergoing military service under a contract in military positions of ordinary and non-commissioned personnel, who has exercised the right provided for in Article 47 of this Law, upon dismissal from military service for negative reasons, in connection with the termination of citizenship of the Republic of Kazakhstan or due to an official discrepancy revealed by the results of certification, is obliged to reimburse the money spent on his training in organizations. higher and/or postgraduate education.

12. A conscript soldier is subject to dismissal before the expiration of his term of military service in case of postponement of his conscription due to the introduction of a state of emergency in accordance with the procedure established by the legislation of the Republic of Kazakhstan.

13. Persons discharged from military service have the right to appeal the decision on dismissal in accordance with the procedure established by the laws of the Republic of Kazakhstan.

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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