Article 35. Deferral from conscription of the Law on Military Service and the Status of Military Personnel

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1. A deferral from conscription is granted to citizens by decision of the district (city of regional significance) conscription commission.

Deferral is granted on the following grounds:

1) for family reasons;

2) for continuing education;

3) for health reasons;

4) for other reasons.

2. A deferral from conscription for family reasons is granted:

1) citizens who are engaged in caring for family members who need outside help and are not fully supported by the state, in the absence of close relatives or other persons living in the territory of the Republic of Kazakhstan with them or separately, who are required by law to support these family members.

Family members in need of outside help and care are:

father, mother, spouse, as well as grandparents in the absence of the conscript's parents, if they are dependent on him, have reached retirement age or are persons with disabilities of the first or second group.;

brothers and sisters who are persons with disabilities of the first or second group or who have not reached the age of eighteen, in the absence of parents;

a mother (father) who, in addition to a conscript, has one or more children who are persons with disabilities of the first or second group or who have not reached the age of eighteen, and brings them up without a spouse;

a mother (father) who has one or more single relatives (father, mother, brother, sister) who are disabled by age or persons with disabilities of the first or second group, and supports them without a spouse;

one of the parents who supports the second dependent, who is a person with a disability of the first or second group, and brings up, in addition to the conscript, one or more children under the age of eighteen;

one of the family members with a disability, and in which the conscript is the only male child;

2) citizens who are dependent on:

a child (children) raised without a mother;

persons with whom they were raised and maintained for at least two years due to the death of their parents or the deprivation of their parental rights, or a court conviction to imprisonment;

3) citizens who are married and have one or more children – from conscription.

3. A deferral from conscription for continuing education is granted:

1) citizens who receive general secondary education in educational institutions for the period of study;

2) citizens who receive technical and vocational, post-secondary or full-time higher education in relevant educational organizations, full-time education in spiritual (religious) educational organizations, as well as in organizations of higher and (or) postgraduate education in other countries, before graduating from one organization of higher and (or) postgraduate education, upon providing supporting documents training documents;

3) citizens receiving postgraduate professional education for the period of study.

A deferral from conscription for continuing education is not granted to citizens who study using distance learning.

4. A deferral from conscription for military service for health reasons is granted to citizens by a decision of the draft commission for a period of up to one year.

5. A deferral from conscription for other reasons is granted:

1) teachers who carry out professional activities in preschool educational organizations, organizations of secondary (primary, basic secondary, general secondary), technical and vocational, post-secondary education, specialized, special educational organizations, educational organizations for orphans and children left without parental care, organizations of additional education for children, as well as in teaching rooms, for the entire period of work;

2) doctors with appropriate education who are permanently employed in rural areas for the entire period of their work in healthcare organizations;

3) deputies of the Parliament of the Republic of Kazakhstan or local representative bodies for the term of their deputy powers;

4) persons in respect of whom an inquiry, preliminary investigation or criminal cases are being considered by the courts, respectively, until the end of the inquiry, investigation or entry into force of the court verdict;

4-1) members of flight crews of civil aircraft, engineers, mechanics and technicians of civil aviation who have the appropriate education for the entire period of work in civil aviation organizations;

5) members of ship crews with appropriate education for the entire period of work in water transport organizations;

6) persons undergoing initial professional training in educational organizations of law enforcement agencies and the authorized body in the field of civil protection.

6. Citizens enlisted in the reserve with the assignment of the military rank of officers are granted a deferral from conscription for military service for family reasons, for health reasons, to continue postgraduate professional education and for other reasons.

7. There is no deferral from conscription for military training.

8. The postponement of citizens during conscription for military service on mobilization, during martial law and during wartime is suspended, with the exception of postponement for health reasons.

9. Citizens have the right to refuse postponement, with the exception of postponement for health reasons, and may be called up for military service upon submission of a personal statement and a corresponding notarized document from interested persons and social protection authorities.

10. Citizens who have lost the grounds for postponement provided for in this article are subject to conscription in accordance with the procedure established by this Law.

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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