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

   1. deferral of conscription for military service is provided to citizens on the following grounds:

     1) by family circumstances;

     2) to continue education;

     3) by state of Health;

     4) for other reasons.

     2. postponement of conscription for military service due to family circumstances:

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

     Family members who need the help and care of another person:

     in the absence of a father, mother, spouse, as well as parents of a conscript, grandparents who have reached retirement age or are persons with disabilities of the first or second group, if they are his dependents;

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

     mother (father) who, in addition to a conscript, is Persons with disabilities of the first or second group or has one or more children under the age of eighteen and is raising them without a spouse (spouse );

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

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

     one of the family members has a disability and is the only male child in the conscript family;

     2) own dependents:

     child (s)raised without a mother;

     citizens who have been raised and dependent for at least two years in connection with the death of their parents or their deprivation of parental rights or a court conviction for imprisonment;

     3) citizens who are married and have one or more children are granted a deferral of conscription for military service.

     3.a deferral of conscription for military service for the continuation of Education is granted to a citizen studying full-time in educational organizations of the relevant educational level for the entire period of study in accordance with the rules for organizing and conducting conscription of Citizens for military service.

     Deferral of conscription for military service to continue education is granted to citizens studying in spiritual (religious) educational organizations if this organization carries out educational activities in accordance with the legislation of the Republic of Kazakhstan in the field of Education.

     Deferral of conscription for military service to continue education is granted once for each level of Education.

     A deferral of conscription for military service to a citizen receiving postgraduate education is granted, respectively, once during his studies in residency, master's or doctoral studies.

     Postponement of conscription for military service to continue education is not provided to citizens who receive education using distance learning in educational institutions of foreign states.

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

     5. postponement of conscription for military service for other reasons:

     1) teachers carrying out professional activities in preschool educational organizations, organizations of secondary (primary, basic secondary, general secondary), technical and professional, 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 methodological offices-for the entire period of their work;

     2) Doctors With appropriate education, permanently employed in rural areas by profession – for the entire period of 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 is being conducted or criminal cases are being considered by the courts-until the end of the relevant inquiry, investigation or entry into force of a court verdict;

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

     5) members of the crew of ships 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 placed in reserve in accordance with subparagraph 6) of Paragraph 1 of Article 41 of this law are granted a deferral of conscription for military service in cases provided for by subparagraphs 1) and 2), paragraphs 3, 4 and 5 of Paragraph 2 of this article.

     7.conscription for military assemblies is not postponed.

     8.postponement of conscription of Citizens for mobilization, during martial law and conscription for military service in wartime shall be suspended, with the exception of postponement of conscription for health reasons.

     9.citizens have the right to refuse to postpone conscription for military service in accordance with the procedure determined by the rules for organizing and conducting conscription of Citizens for military service, with the exception of postponement of conscription for health reasons, and if they have the right to postpone conscription in accordance with paragraph 2 of this article-upon presentation of a relevant document notarized by interested persons and may be called up for military service.

     10.citizens whose grounds for postponement of conscription provided for in this article have been canceled 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     

    © 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan  

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