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

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

1. The status of a serviceman includes the general rights, freedoms and duties of a serviceman as a citizen of the Republic of Kazakhstan with exceptions and restrictions established by law, as well as his rights, duties and responsibilities due to the specifics of military service.

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

Citizens acquire the status of a serviceman:

conscripted for military service (fees) – from the date of issuing the order of the relevant chief on departure from the local military administration body to the place of military service (fees);

those who have entered military service under a contract – from the date of publication of the order of the commander (chief) of the military unit (institution) on enrollment in the lists of personnel of the unit;

those who have entered military or special educational institutions that implement technical and vocational, post–secondary and higher education programs, if they were not previously military personnel, - for military or special educational institutions from the date of the issuance of the order of the head of the military or special educational institution on enrollment in the lists of educational staff, with the exception of ulans, and upon admission to a foreign military educational institution – from the date of publication of the order of the head of the authorized body on the referral to study;

uhlans who have completed the second year of study at military educational institutions that implement educational programs for technical and vocational education based on basic secondary education – from the date of publication of the order of the head of the military educational institution to continue their studies, transfer to the third year and appoint a cadet to a military position.;

military reservists – from the date of the issuance of the order of the commander (chief) of the military unit (institution) on arrival at classes or training camps for combat training, crisis training camps.

A citizen loses the status of a serviceman from the date of exclusion from the lists of a military unit (institution) in connection with dismissal from military service (the end of military training), as well as in the case of transfer to special state and law enforcement agencies of the Republic of Kazakhstan, to serve in civil protection bodies.

A military reservist loses the status of a serviceman from the date of issuing an order from the commander (chief) of a military unit (institution) on the completion of combat training or training camps, crisis training camps, or from the date of exclusion from the lists of a military unit (institution) due to discharge from military service in the reserve.

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, retraining, retraining, study, military internship;

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

The status of conscripted military officers is determined by the status of military personnel undergoing military service under 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. In order to verify 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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