Article 36. Exemption from conscription and military training The Law on Military Service and the Status of Military Personnel

Home / Laws / Article 36. Exemption from conscription and military training The Law on Military Service and the Status of Military Personnel

1. The following citizens are exempt from conscription for military service in peacetime:

1) those deemed unfit for military service due to health conditions;

2) those who were not lawfully conscripted for compulsory military service upon reaching the age of twenty‑seven;

3) those whose relative (father, mother, brother, or sister) was killed, died, or was diagnosed with a disability of the first or second group while performing official duties during military service.

4) those who have completed military (alternative) service in another state;

4-1) those who have served in special state bodies of the Republic of Kazakhstan, except in cases provided for in paragraph 9 of Article 51 of the Law of the Republic of Kazakhstan “On Special State Bodies of the Republic of Kazakhstan”;

5) those who have an academic degree;

6) clergy of registered religious associations.

2. The following are exempt from being called up for military training:

1) persons working in government bodies of the Republic of Kazakhstan in positions related to ensuring defense, security, and law and order;

2) aviation personnel of state, civilian, and experimental aviation;

3) persons working in agriculture and in organizations engaged in the repair of agricultural machinery, during the sowing and harvesting seasons.

4) teachers in full‑time educational institutions for the duration of the academic year;

5) students in full‑time educational institutions;

6) women subject to military service;

7) men subject to military service for two years after being discharged into the reserve;

8) persons having three or more children under the age of eighteen.

9) persons against whom an inquiry, preliminary investigation, or criminal case is being conducted or is being considered by a court;

10) persons liable for military service who have been elected (appointed) as deputies of the Kurultai of the Republic of Kazakhstan or local representative bodies, or as akims of cities of district significance, villages, settlements, or rural districts.

3. Persons liable for military service specified in subparagraph 7) of paragraph 2 of this article are not exempt from undergoing special military training.

4. Citizens who are deemed unfit for military service due to health conditions are exempt from conscription during mobilization, under martial law, and in wartime.

5. Citizens who have the right to be exempt from conscription may be called up for military service at their own request, with the exception of citizens specified in subparagraph 1) of paragraph 1 of this article, in accordance with the procedure determined by the rules for organizing and conducting the conscription of citizens for military service.

Citizens who are entitled to exemption from conscription for military training may, at their discretion, be called up for military training or undergo training as members of the military reserve, with the exception of persons specified in subparagraph 9) of paragraph 2 of this article, in accordance with the procedure determined by the rules for organizing and conducting the conscription of citizens and the rules for undergoing training as members of the military reserve, respectively.

6. Citizens with a criminal record are not subject to conscription for military service in peacetime.

7. Citizens who have lost the grounds for exemption from conscription provided for in subparagraph 1) of paragraph 1 of 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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