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

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

1. A military servicemember may be dismissed from military service on the following grounds:

1) upon reaching the maximum age for holding a position in military service;

1-1) at one’s own request if they have served for 25 years or more, except in cases where a state of emergency or martial law is declared in the Republic of Kazakhstan, in accordance with the procedure defined by the Rules for Military Service;

2) upon the expiration of the term of conscript military service;

3) upon the expiration of the term of the contract for military service.

4) due to health reasons, based on the conclusion of the military medical commission stating that the person is unfit or partially unfit for military service;

5) due to a reduction in the staffing of a military unit (institution) when it is impossible to assign the person to other equivalent military positions and the servicemember refuses to be assigned to a lower military position;

6) due to a transfer to public service or to state institutions, except for transfers to law enforcement or special state bodies of the Republic of Kazakhstan, or to service in civil protection bodies.

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

8) in connection with the impossibility of further military service based on the results of a special review by an authorized state body;

9) due to professional inadequacy revealed as a result of the appraisal.

10) in connection with expulsion from a military or specialized educational institution, except in cases of expulsion of graduates of military educational institutions that implement technical and vocational education programs, as well as military interns, military resident doctors, master’s students, doctoral students, and adjuncts;

11) for negative reasons;

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

The service member is placed on the list of persons in accordance with subparagraph 3) Paragraph 5 of Article 21 of this Law cannot prevent his dismissal if there are grounds for dismissal provided for in the first part of paragraph 1 of this article.

2. Dismissal of a military servicemember from military service for negative reasons is carried out in the following cases:

1) the entry into legal force of a court conviction for committing a crime;

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

3) establishing, while performing military service duties, the fact of using a psychoactive substance or being intoxicated, confirmed by the results of a medical examination conducted by a medical organization, as well as refusal or evasion of such examination.

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

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

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

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

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

9) violation of the established requirements for maintaining the secrecy regime, which resulted in the disclosure or loss of information constituting state secrets and their carriers;

10) as defined by the labour legislation of the Republic of Kazakhstan and the Law of the Republic of Kazakhstan “On Combating Corruption”;

11) the commission of an act that discredits military service.

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

Offenses that discredit military service include actions by a service member, including those not related to the performance of military duties, but which clearly undermine the authority of military service in the eyes of citizens, namely:

using official position for personal gain;

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

performing work and providing services using official position and receiving remuneration for this;

The commission of guilty acts by a military servicemember who is directly responsible for managing budget funds or state property, if these acts give rise to grounds for losing the trust of an authorized official;

The appearance of a military servicemember in military uniform in a public place while intoxicated with alcohol or any other intoxicant caused by the non‑medical use of narcotic drugs, psychotropic substances, or their analogues, in a manner that offends human dignity and public morality;

Participation in gambling, whether monetary or otherwise.

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 military servicemember serving under conscription is discharged from military service on the grounds provided for in subparagraphs 2), 4) and 7) of paragraph 1, subparagraphs 1) and 2) of paragraph 2, and subparagraphs 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 servicemember performing compulsory military service has the right to early discharge in the following cases:

1) the emergence of the right to a deferment due to a change in marital status, with the exception of persons who have submitted an application to waive the deferment in accordance with paragraph 9 of Article 35 of this Law, or to be exempted from conscription.

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

6. A military servicemember undergoing conscript military service and called up in accordance with Article 32 of this Law has the right to early discharge from military service if there are circumstances provided for in subparagraphs 1) and 2) of paragraph 2 of Article 35 of this Law.

7. A deceased (dead) military servicemember is removed from the lists of the military unit (institution) starting from the day following the documentarily confirmed date of death (loss), and a military servicemember declared missing by a court or declared dead is removed from the lists starting from the day the court decision enters into legal force.

8. The discharge of a military servicemember who has completed the established service term is suspended in the event of the introduction of a state of emergency or martial law, or a crisis situation, for the duration of such measures.

At the same time, the contract for military service concluded with him remains in effect during the period of a state of emergency or martial law, or during a crisis situation.

9. A servicemember serving under a contract, upon dismissal from military service due to reaching the maximum age for military service, for health reasons, or due to a reduction in the staffing of a military unit (institution), is paid a severance (lump‑sum) benefit in the amount corresponding to the length of service:

less than 10 calendar years – three months’ monetary allowance;

from 10 to 15 calendar years – four months’ monetary allowance;

from 15 to 20 calendar years – five months’ monetary allowance;

from 20 to 25 calendar years – six months’ monetary allowance;

from 25 to 30 calendar years – seven months’ monetary allowance;

over 30 calendar years – eight months’ monetary allowance.

Upon re‑enlistment into military service under a contract, the amount of the severance (one‑time) benefit is determined taking into account the previously paid severance (one‑time) benefit, except in cases where this severance (one‑time) benefit was not paid earlier upon dismissal from military service or from service in the civil protection bodies, law enforcement and special state bodies of the Republic of Kazakhstan.

For a servicemember undergoing compulsory military service, upon discharge from military service upon expiration of the term of compulsory military service or due to health reasons, severance pay is paid in the amount of one monthly calculation index; for a servicemember from among orphans and children left without parental care, it is paid 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.

For an officer who served under a contract and was discharged from military service upon reaching the maximum age for continued service, due to health reasons, or in connection with a reduction in the staffing levels of a military unit (or institution), and who does not have the right to pension payments for long service, in addition to the payment of a severance (lump‑sum) benefit, the payment of the salary corresponding to the military rank shall be retained for one year from the date of dismissal from military service.

At the same time, if the salaries for military ranks are increased during the specified period, the amounts of these salaries paid to 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, who have served in conjunction with military service for less than twelve months and have been discharged from military service, shall be sent to military units (institutions) in accordance with the established procedure to complete the remaining term of military service, but not less than for three months.

Citizens who have not previously served in the military, received military training at a military department (military faculty), or in specialized organizations of the Ministry of Defense, who have entered military service under a contract for the first time, served for less than twelve months, and were discharged from military service, are sent to local military administration bodies for military registration as conscripts and are conscripted into compulsory military service in accordance with the established procedure.

Cadets and cadets who have not previously served in compulsory military service and who have been expelled from military and specialized educational institutions, and who have not reached the age of twenty‑six, are sent to local military administration bodies for military registration as conscripts and are conscripted into compulsory military service in accordance with the established procedure; and persons specified in the sixth paragraph of subparagraph 4) of paragraph 1 of Article 38 of this Law have the right to enter into military service under a contract.

A cadet or student who is expelled from a military or specialized educational institution due to poor academic performance, lack of discipline, on their own initiative, as a result of dismissal from military service for negative reasons, due to the termination of citizenship of the Republic of Kazakhstan, or who has refused to sign a contract for military service, is obliged to reimburse the state for the funds corresponding to the costs of providing meals, paying a scholarship, and providing travel during their studies at the military or specialized educational institution, with the exception of the costs of the first year of study.

Enforcement proceedings initiated pursuant to court orders that entered into legal force before January 1, 2018, regarding the recovery of money to the state from expelled cadets and cadets, are terminated in accordance with the procedure established by the Law of the Republic of Kazakhstan “On Enforcement Proceedings and the Status of Enforcement Officers”.

Claims for the recovery of money to the state revenue, as provided for in part four of this clause, 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 military servicemember who has graduated from a military or specialized educational institution, in the event of dismissal from military service for negative reasons, due to the termination of citizenship of the Republic of Kazakhstan, or due to professional inadequacy revealed as a result of an assessment, is obliged to reimburse the state for the funds corresponding to the costs of providing meals, paying scholarships, and covering the travel expenses of cadets and students during their studies at a military or specialized educational institution, with the exception of the costs of the first year of study, proportionally for each full month of unfulfilled service before the end of the military service contract.

A graduate of a military or specialized educational institution that implements technical and vocational education programs (based on basic secondary education), in cases where they do not enroll in a military or specialized educational institution that implements higher education programs and refuse to continue military service, is sent to military units (institutions) to complete the remaining term of mandatory military service, but for no less than three months, without reimbursement of the funds spent on their education.

The procedure for reimbursing the state for funds spent on a servicemember’s education at military or specialized educational institutions is determined by the first head of the authorized state body.

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

Constitution Law Code Standard Decree Order Decision Resolution Lawyer Almaty Lawyer Legal service Legal advice Civil Criminal Administrative cases Disputes Defense Arbitration Law Company Kazakhstan Law Firm Court Cases

Dismissals of law enforcement officers for gross misconduct

Dismissals of law enforcement officers for gross misconductAnother of the commonly used grounds for dismissal of law enforcement officers is the ground provided for in subpara...