Article 38. Requirements for persons entering military service under a contract The Law on Military Service and the Status of Military Personnel

Home / RLA / Article 38. Requirements for persons entering military service under a contract The Law on Military Service and the Status of Military Personnel

1. Persons entering military service under a contract must meet the following requirements:

1) have the citizenship of the Republic of Kazakhstan;

2) possess the necessary personal, moral and professional qualities, the level of education, be fit for military service for health reasons;

3) be at least eighteen years old, with the exception of cadets, cadets, and no later than they reach the age limit for military service:

for the first time entering military service under a contract – twelve years and six months.;

for those who re–enroll in military service under a contract and have military ranks of private and junior sergeants - twelve years and six months.;

for those who re–enroll in military service under a contract and have military ranks of junior officers and senior sergeants - ten years.;

for those who re–enroll in military service under a contract and have military ranks of senior officers or senior sergeants - five years.;

for those who re–enroll in military service under a contract and have at least twelve years and six months of continuous military service, service in special state and law enforcement agencies, civil protection agencies, and state paramedic service - three years.;

IZPI's note! The first paragraph of subparagraph 4) is amended by the Law of the Republic of Kazakhstan dated 07/16/2025 No. 211-VIII (effective sixty calendar days after the date of its first official publication).

4) to serve military service or to undergo training at a military department or military training in specialized organizations of the Ministry of Defense of the Republic of Kazakhstan for the training of military-technical specialists on a paid basis, except for:

women;

men with medical or pharmaceutical education.

Note from <url>! Subparagraph 4) is provided to be supplemented with paragraphs four and five in accordance with the Law of the Republic of Kazakhstan dated 07/16/2025 No. 211-VIII (effective from 01/01/2026). Note from <url>! Subparagraph 4) is provided to be supplemented with the sixth paragraph in accordance with the Law of the Republic of Kazakhstan dated 07/16/2025 No. 211-VIII (effective sixty calendar days after the date of its first official publication).

Persons entering military service under a contract assume restrictions established by law related to military service and anti-corruption restrictions established by the Law of the Republic of Kazakhstan "On Combating Corruption", which are fixed in writing.

2. A person is not accepted for military service under a contract.:

1) recognized by the court as legally incompetent or with limited legal capacity;

2) recognized by the medical (military medical) commission as unfit for military service under a contract;

3) deprived by the court of the right to hold public office for a certain period of time;

4) who refused to accept the restrictions established by the laws of the Republic of Kazakhstan related to the military personnel's stay in military service and the anti-corruption restrictions established by the Law of the Republic of Kazakhstan "On Combating Corruption";

5) Excluded by the Law of the Republic of Kazakhstan dated 04/15/2022 No. 114-VII (effective ten calendar days after the date of its first official publication).

6) previously convicted or released from criminal liability for committing 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;

7) who has been subject to an administrative penalty for committing an administrative corruption offense for three years prior to entering military service under a contract, except for the case when, as a civil servant, he was first brought to administrative responsibility for hiring a person who did not submit a declaration of assets and obligations.;

8) Excluded by the Law of the Republic of Kazakhstan dated 04/15/2022 No. 114-VII (effective ten calendar days after the date of its first official publication).

9) failed psychophysiological or polygraph examination for positions, the list of which is approved by the head of the authorized body, and (or) medical examination;

10) in respect of whom, within three years before entering the service, a court verdict of guilty was passed for committing a criminal offense, or who, within three years before entering the service, was released from criminal liability for committing a criminal offense on the basis of paragraphs 3), 4), 9), 10) and 12) of the first part of article 35 or article 36 of the Criminal Procedure Code of the Republic of Kazakhstan;

11) dismissed for negative reasons from state or military service, from special state bodies, law enforcement agencies of the Republic of Kazakhstan, as well as terminated the powers of a judge for negative reasons;

The effect of the first part of this subparagraph does not apply to the person:

who terminated the powers of a judge on the basis of a decision of the Commission on the Quality of Justice under the Supreme Court of the Republic of Kazakhstan on the inconsistency of his position due to professional unfitness;

dismissed due to absence from service for three or more consecutive hours without a valid reason, who is entitled to enter military service under a contract after two years after such dismissal.

dismissed for systematic (two or more times) violation of the terms of the military service contract, who is entitled to enter military service under the contract after two years after such dismissal.

Note from <url>! Subparagraph 11) is provided to be supplemented by Part three in accordance with the Law of the Republic of Kazakhstan dated January 10, 2025 No. 156-VIII (effective from January 01, 2027).

Military service under a contract is performed in special state bodies of the Republic of Kazakhstan, taking into account the specifics provided for in Article 7 of the Law of the Republic of Kazakhstan "On Special State Bodies of the Republic of Kazakhstan";

By the Normative resolution of the Constitutional Court of the Republic of Kazakhstan dated 08/31/2023 No. 27-NP, subparagraph 11) of paragraph 2 of Article 38 of this Law of the Republic of Kazakhstan is recognized as inconsistent with the Constitution of the Republic of Kazakhstan in terms of establishing, in conjunction with subparagraph 8) of paragraph 2 of Article 26 of the Law of the Republic of Kazakhstan "On Military Service and the Status of military personnel", an indefinite ban on admission to military and law enforcement service persons dismissed from military service for absence from service for three or more consecutive hours without a valid reason, due to the lack of proportionality of this legal restriction.

12) who has not passed a special check and (or) has knowingly provided false information about himself or his parents, children, adoptive parents, full- and half-siblings, or his spouse and her (his) parents, children, adoptive parents, adopted children, full-siblings and incomplete brothers and sisters;

13) has not fulfilled the standards for physical fitness approved by the head of the authorized body;

14) Excluded by the Law of the Republic of Kazakhstan dated 04/15/2022 No. 114-VII (effective ten calendar days after the date of its first official publication). 15) Excluded by the Law of the Republic of Kazakhstan dated 04/15/2022 No. 114-VII (effective ten calendar days after the date of its first official publication).

A special check is carried out on a person entering military service under a contract.

In respect of persons entering military service under a contract for positions, the list of which is approved by the head of the authorized body, an inspection is carried out using psychophysiological and polygraph examinations in accordance with the procedure determined by the head of the authorized body.

The presence of any of the cases specified in the first part of this paragraph is the basis for refusal of admission to military service under a contract.

3. To determine the fitness for military service under the contract, a medical examination is carried out in accordance with the Rules of military medical examination.

4. The grounds for refusal of a person entering military service under a contract are also:

1) failure to provide or misrepresentation of the information specified in paragraph 2 of this Article;

2) the absence of vacant positions in the candidate's military accounting specialty;

3) negative results of psychophysiological and polygraph examinations.

5. Upon entering military service under a contract, a citizen and his spouse are required to provide information on submitting a declaration of income and property in accordance with the Law of the Republic of Kazakhstan "On Combating Corruption".

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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