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Home / RLA / Article 44. Social security for military personnel The Law on Military Service and the Status of Military Personnel

Article 44. Social security for military personnel The Law on Military Service and the Status of Military Personnel

АMANAT партиясы және Заң және Құқық адвокаттық кеңсесінің серіктестігі аясында елге тегін заң көмегі көрсетілді

Article 44. Social security for military personnel The Law on Military Service and the Status of Military Personnel

      1. Military personnel, with the exception of those liable for military service during military training and military reservists, are provided with a monetary allowance established on the basis of a unified system of remuneration for employees of bodies of the Republic of Kazakhstan maintained at the expense of the state budget, approved by the Government of the Republic of Kazakhstan in coordination with the President of the Republic of Kazakhstan.

     Monetary allowances for military personnel, with the exception of conscripts, cadets and cadets of military and special educational institutions, include salaries (official salary and salary by military rank), allowances for special conditions of service and other allowances and surcharges provided for by the legislation of the Republic of Kazakhstan.

     The monetary allowance (scholarship) for military personnel, cadets and cadets of military and special educational institutions includes only the official salary.

     The length of service for calculating the official salary includes:

     1) length of service;

     2) time spent in public service;

     3) the time spent working in the last state organization before entering military service in senior positions or positions in identical specialties.

     The amounts of official salaries and salaries for military ranks of military personnel undergoing military service under contract are set at least the amounts of official salaries of civil servants in the relevant positions and the amounts of additional payments for the relevant special ranks and class ranks.

     Monetary allowances for military personnel are not paid for periods of:

     1) absence from military service without valid reasons;

     2) performing military service other than in military positions in the cases provided for in subparagraphs 6), 8) and 9) of paragraph 5 of Article 21 of this Law.;

     3) being under arrest;

     4) in cases stipulated by the legislation of the Republic of Kazakhstan.

     The procedure for payment of monetary allowances, allowances and other payments is established by authorized bodies.

     1-1. Military reservists receive monthly payments in the amount of the minimum wage from the budget, with the exception of the period of military training or crisis training camps.

     Military reservists are paid at the expense of budgetary funds for the period of conducting combat training or crisis training camps.:

     for employees – the average monthly salary at their place of work;

     minimum wage for unemployed persons.

     Other payments, allowances, and additional payments to military reservists are not provided.

     2. When performing combat missions to search for, transport, neutralize and destroy explosive objects and other explosive devices, military personnel are compensated in the amount of one monthly calculation index per day in accordance with the procedure determined by the authorized body.

     3. Military personnel serving in positions related to the operation, storage of radioactive materials, sources of ionizing radiation, ultrahigh frequencies and (or) components of rocket fuel, as well as temporarily involved in the specified work and work to eliminate the consequences of accidents at facilities related to the operation, storage of radioactive materials, sources of ionizing radiation, ultrahigh frequencies and (or) rocket fuel components, additional leave of up to twelve days per year is provided in proportion to the time actually worked.

     4. Military personnel undergoing military service under a contract are paid monetary compensation in accordance with the procedure determined by the first heads of authorized bodies, in the amount established by the law on the republican budget for the relevant fiscal year, to pay for utility costs, with the exception of those living in closed and isolated military camps, in border offices and departments.

     5. Medical support for military personnel in military medical institutions (organizations, units) is provided at the expense of budgetary funds.

     5-1. In the absence of military medical (medical) units or corresponding departments in them, specialists or special equipment at the place of military service or the place of residence of military personnel, medical care is provided to military personnel by health care entities.:

     1) within the framework of the guaranteed volume of free medical care in accordance with the Code of the Republic of Kazakhstan "On the Health of the People and the healthcare system";

     2) in the system of compulsory social health insurance in accordance with the Law of the Republic of Kazakhstan "On Compulsory social health insurance".

     Payment for the services of healthcare entities for the provision of medical care to military personnel specified in subitems 1) and 2) of part one of this paragraph is carried out by the social health insurance fund.

     Reimbursement of expenses of the social health insurance fund for the payment of services of healthcare entities for the provision of medical care to military personnel within the guaranteed volume of free medical care and in the system of compulsory social health insurance is carried out at the expense of budgetary funds provided to the authorized body in the field of healthcare.

     In the presence of medical indications, a serviceman is provided with sanatorium treatment at the expense of the Armed Forces, other troops and military formations in whose structure they serve.

     During the period of training or training camps for combat training or crisis training camps, military reservists receive medical care from the budget in full, provided for military personnel undergoing military service under a contract.

     6. Military personnel are provided with personal belongings at the expense of budgetary funds according to the norms approved by the first heads of authorized state bodies in coordination with the central authorized body for budget planning, and in accordance with the procedure determined by the first head of the authorized body.

     7. Military personnel are provided with food according to the standards established by the first heads of authorized state bodies of the Republic of Kazakhstan, in coordination with the central authorized body for budget planning, in the following cases::

     1) carrying out combat duty;

     2) serving in the guard;

     3) wearing a daily outfit;

     4) participation in field trips (sea trips);

     5) implementation of storm preparedness measures at the base locations;

     6) keeping watch at lighthouses;

     7) performing underwater tasks (works);

     8) skydiving;

     9) following as part of a military echelon, a guard for the protection and escort of military cargo to the place of reception and back;

     10) being on inpatient treatment (medical examination) in military medical (medical) units;

     11) installation in the guardhouse;

     12) participation in a peacekeeping operation, as well as when traveling to and from the zone (area) of the peacekeeping operation.

     Flight personnel are provided with food for the duration of their military service.

     The engineering and technical staff approved for the maintenance of aviation equipment and flight support is provided with food for the period of preparation and flight operations.

     If it is not possible to provide food according to the established norms of basic food rations, military personnel undergoing military service under a contract are paid monetary compensation in the amount of the cost of a combined-arms ration in accordance with the procedure determined by the head of the authorized body.

     Students of military departments who study free of charge during training camps, conscripts upon admission to military educational institutions, as well as candidates who have arrived for entrance exams and are in barracks at the Zhas Ulan republican schools, are provided with meals according to appropriate standards at the expense of budgetary funds. Students of military departments who study on a paid basis are provided with meals according to appropriate standards during the training camp at the expense of organizations of higher and (or) postgraduate education, where the relevant military departments operate.

     The order of catering is determined by the head of the authorized body.

     Military personnel of the Armed Forces in military units of permanent combat readiness in officer positions in platoon (group, calculation) and company units (battery, separate platoon, ship of the 4th rank), as well as in positions of private and non-commissioned personnel, are provided with meals (lunch) at the expense of budgetary funds on working days established by the rules of service time. The list of military units is determined by the Minister of Defense of the Republic of Kazakhstan.

     Military reservists are provided:

     1) meals during combat training camps or crisis training camps;

     2) lunch while in combat training classes.

8. Military personnel, in accordance with the procedure determined by the authorized body, have the right to travel at the expense of budgetary funds on railway, automobile and inland waterway transport in the following cases::

     1) conscription, military training;

     2) transfer to a new place of service in another locality, including as part of a military unit (institution) or subdivision;

     3) referrals by the authorized body for training in military, special educational institutions, and other educational organizations implementing postgraduate education programs, including foreign educational institutions, as well as upon graduation, except in cases of expulsion due to academic failure, indiscipline, other negative motives, or on their own initiative;

     4) referrals by military medical units to the place of inpatient treatment and back within the Republic of Kazakhstan, including for passing a military medical (flight) commission;

     5) travel to and from a business trip;

     6) travel to exercises, field exits (sea exits), parades of troops and back;

     7) participation in emergency response and back;

     8) participation in combat operations, performing tasks under conditions of emergency or martial law, as well as in conditions of armed conflict;

     9) participation in peacekeeping operations to maintain peace and security;

     10) participation in anti-terrorist operations;

     11) following the guards for the protection and escort of military goods, including documents, articles and military goods containing information constituting state secrets, to the places of reception (delivery) and back;

     12) escorts:

     teams with conscripts liable for military service;

     arrested, detained military personnel, liable for military service;

     coffins with the body of the deceased serviceman to the place of burial and back.

     Military personnel and their family members have the right to travel by air at the expense of the State in accordance with the procedure determined by the head of the authorized body.

     Military personnel, with the exception of cadets, cadets, conscripts and military reservists, when transferred to a new duty station in another area, are paid by the state for the transportation of their own property within the Republic of Kazakhstan in the amount of one monthly calculation index for every 20 kilometers of highway in accordance with the procedure determined by the head of the authorized body.

     When transferring military personnel, with the exception of cadets, cadets, conscripted military personnel and military reservists, to a new place of service in another area at a distance of more than 100 kilometers (including as part of a military unit (institution) or subdivision), they are paid a lifting allowance in the amount of two months' salary for the serviceman himself and half of the monthly salary. for each family member:

     1) spouse(s);

     2) a child (children), including a joint one or one of the spouses, with the exception of a child (children) from a previous marriage (marriages) (matrimony (matrimony), living separately on the basis of a court decision;

     3) a joint or one of the spouses of a child with a disability (children with disabilities), including a person with a disability (persons with disabilities) since childhood, regardless of his (their) age, with the exception of a child with a disability (children with disabilities) from a previous (previous) marriage (matrimony (matrimony), living (living) separately on the basis of a court decision.

     At the same time, if both spouses are military personnel or one of them is an employee of special state bodies of the Republic of Kazakhstan, then a lifting allowance for family members in the amount of half of the monthly salary for each family member is paid only to one of them in accordance with the procedure determined by the first head of the authorized state body.

     9. Field payments are made in the amount of 1.2 times the monthly calculation index per day without payment of travel expenses for being on field trips (with the exception of special field work), regardless of the location outside the permanent place of residence, going to sea, participating in exercises or ship trips in accordance with the procedure determined by the first head of the authorized state body.

 

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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