Article 5. The status of a serviceman of the Law on Military Service and the Status of Military Personnel

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1. The status of a military servicemember includes the general rights, freedoms and obligations of a citizen of the Republic of Kazakhstan, subject to the exemptions and restrictions established by law, as well as their rights, obligations and responsibilities determined by the specifics of military service.

Exemptions and restrictions on rights and freedoms, as well as special duties and responsibilities of military personnel, are compensated by additional rights and benefits established by this Law.

Citizens acquire the status of a military servicemember:

those conscripted for military service (training) – from the date of the issuance of an order by the relevant superior authority confirming their departure from the local military administration body to the place where military service (training) will be performed;

those who have entered military service under a contract – from the date of the issuance of an order by the commander (superior) of the military unit (institution) confirming their inclusion in the lists of personnel of the unit.

Those who have enrolled in military or specialized educational institutions offering programs of technical and vocational, post‑secondary, and higher education, if they were not previously military personnel — for military or specialized educational institutions, from the date of the issuance of the order by the head of the military or specialized educational institution on enrolling in the student lists, with the exception of lancers; and for those who enroll in a foreign military educational institution, from the date of the issuance of the order by the head of the authorized body on sending them to study.

Lancers who have completed their second year of study at military educational institutions offering technical and vocational education programs based on basic secondary education – from the date of the order issued by the head of the military educational institution to continue their studies, transfer to the third year, and be assigned to a military position as a cadet of the variable composition;

military reservists – from the date of the order issued by the commander (head) of the military unit (institution) to report for classes or training sessions on combat training, or for training sessions in crisis situations.

A citizen loses the status of a military servicemember from the date of being removed from the lists of the military unit (institution) due to dismissal from military service (completion of military training), as well as in the event of transfer to special state and law enforcement bodies of the Republic of Kazakhstan, or to service in civil protection bodies.

A military reservist loses the status of a service member from the date of the order issued by the commander (superior) of the military unit (institution) ending the training sessions or drills on combat training, drills in crisis situations, or from the date of being removed from the lists of the military unit (institution) due to dismissal from reserve military service.

2. Military personnel in the performance of military service duties are protected by the State. They are subordinate only to persons who, in accordance with general military regulations, are their superiors, and no one else has the right to interfere in their official activities, except in cases provided for by the laws of the Republic of Kazakhstan.

3. A serviceman is in the performance of military service duties in the following cases::

1) performance of official duties;

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

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

4) participation in anti-terrorist operations;

5) participation in the liquidation of emergency situations;

6) field trips (sea trips), participation in exercises or ship trips;

7) being on the territory of a military unit (institution) during the official time established by the daily routine or at other times if it is caused by official necessity.;

8) being on a business trip;

9) going to the place of service and back;

10) being treated, going to the place of treatment and back;

11) passing military training;

12) being in captivity, in the position of a hostage or internee;

13) providing assistance to law enforcement agencies for the protection of human and civil rights and freedoms, law enforcement and public safety;

14) being in an active reserve;

15) being on advanced training, course training, retraining, retraining, study, military internship;

16) conducting research, being on military and other tests.

The status of military personnel called up in accordance with Article 32 of this Law is determined by the status of military personnel serving under a contract.

A conscript serviceman is in the performance of military service duties during the entire period of military service, and a conscript is liable for military service during the entire period of military training.

Military reservists are in the performance of military service duties during their stay in a military unit (institution) at classes or training camps for combat training, as well as crisis training camps.

4. Commanders (superiors) are prohibited from issuing orders (orders) and orders that are not related to the performance of military service duties or aimed at violating the legislation of the Republic of Kazakhstan.

5. To certify their status, military personnel are issued tokens with personal numbers, military identification cards (military ID cards) and (or) service certificates in accordance with the procedure established by the authorized body.

6. Military officers of the military intelligence agencies of the Ministry of Defense of the Republic of Kazakhstan, authorized to carry out operational search and intelligence activities, are issued official certificates of the military intelligence agencies of the Ministry of Defense of the Republic of Kazakhstan to confirm their identity and authority.

The procedure for issuing, using and describing an official identification card is determined by the Minister of Defense of the Republic of Kazakhstan.

The service certificate of a serviceman of the military intelligence agency of the Ministry of Defense of the Republic of Kazakhstan confirms his right to carry and store weapons, special equipment, and other powers granted in accordance with the laws of the Republic of Kazakhstan.

7. Military personnel of the military police, military prosecutor's Office and military investigative bodies are issued official identification cards and badges to confirm their identity and authority in order to perform legally prescribed tasks.

The procedure for issuing, using, and describing an official identification card and badge is determined by the head of the authorized body.

The service certificate of military personnel of the military police, military prosecutor's office and military investigative bodies confirms their right to carry and store weapons, special equipment, and other powers granted to military personnel and employees in accordance with the laws of the Republic of Kazakhstan.

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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