Article 40-2. Requirements for persons entering military service in the reserve of the Law on Military Service and the Status of Military Personnel

Home / RLA / Article 40-2. Requirements for persons entering military service in the reserve of the Law on Military Service and the Status of Military Personnel

1. Persons entering military service in the reserve 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 and under three years of age before the age limit for military service in the reserve;

4) to serve military service or to undergo training at a military department or military training in specialized organizations of the Ministry of Defense for the training of military-technical specialists on a paid basis, with the exception of women.

Persons entering military service in the reserve assume the restrictions established by the laws of the Republic of Kazakhstan 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 in the reserve.:

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 in the reserve;

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

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

5) 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;

6) who, within three years prior to entering military service in the reserve, was subject to an administrative penalty for committing an administrative corruption offense, 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.;

7) failed psychophysiological examination and (or) medical examination;

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

9) dismissed for negative reasons from state or military service, from special state bodies, law enforcement agencies of the Republic of Kazakhstan, from service in civil protection bodies, 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 in the reserve after two years after such dismissal.

IZPI's note! Part 3 of subparagraph 9) is effective from 01.01.2027, in accordance with the Law of the Republic of Kazakhstan dated 18.03.2025 No. 175-VIII (text deleted).

Military service in the reserve in special state bodies of the Republic of Kazakhstan is performed 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";

10) 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;

11) who has not fulfilled the standards for physical fitness approved by the first head of the state body, which provides for military service in the reserve;

12) serving in special state and law enforcement agencies of the Republic of Kazakhstan;

13) working in shifts or on shift work;

14) other persons provided for by the laws of the Republic of Kazakhstan.

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 in the reserve.

3. A special check is carried out on a person entering military service in the reserve.

In respect of persons entering military service in the reserve, a check is carried out using a psychophysiological examination in accordance with the procedure determined by the head of the state body, which provides for military service in the reserve.

4. To determine the fitness for military service in the reserve, a medical examination is conducted in accordance with the Rules of military medical examination.

5. The grounds for refusal of a person entering military service in the reserve are also:

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

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

3) negative results of psychophysiological research;

4) the exemption specified in subparagraph 4) of paragraph 1 and subparagraphs 1), 2), 5) and 9) of paragraph 2 of Article 36 of this Law.

6. A military reservist is not subject to the requirements of sub-paragraphs 2), 3) and 4) of Article 8 of this Law.

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