Article 6. The rights of military personnel The Law on Military Service and the Status of Military Personnel

Home / RLA / Article 6. The rights of military personnel The Law on Military Service and the Status of Military Personnel

1. Military personnel enjoy all the rights and freedoms provided for by the Constitution and legislation of the Republic of Kazakhstan, subject to restrictions determined by the laws of the Republic of Kazakhstan.

Military personnel have the right to:

1) to provide monetary allowances at the expense of the state 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, in accordance with the procedure provided for by the first heads of authorized bodies;

2) to provide, at the expense of the state, clothing and other types of property according to the norms approved by the first heads of authorized state bodies in coordination with the central authorized body for budget planning;

3) for promotion, taking into account qualifications, abilities, and conscientious performance of their official duties;

3-1) to appeal against their decisions and actions (inaction) to higher officials, as well as to the court in accordance with the procedure established by the laws of the Republic of Kazakhstan.;

4) in agreement with an authorized official, enroll in military and special educational institutions, undergo course training, vocational training, retraining and advanced training, as well as enter non-military specialties (except for conscripts, cadets and cadets) in educational organizations that implement training programs for technical and vocational, post-secondary, higher and postgraduate education, in accordance with the procedure established by the legislation of the Republic of Kazakhstan;

5) for health protection and conditions of service that meet the requirements of safety and hygiene;

6) compensation for damage caused to life and health or personal property while performing military service duties in accordance with the procedure established by the legislation of the Republic of Kazakhstan;

7) to provide housing during military service in accordance with this Law;

8) for the storage, carrying and use of special means, weapons in the performance of military service duties.

9) to get acquainted with the documents defining their rights, official duties and special duties;

10) to get acquainted with reviews of their official activities and other documents before entering them into their personal file, personal file materials (with the exception of special verification materials containing information constituting state secrets), as well as to attach their written explanations, other documents and materials to their personal file;

11) to protect their personal data and their family members;

12) for medical care and spa treatment;

13) for pension provision and social protection;

14) appropriate organizational, technical and sanitary conditions, taking into account the specifics of military service;

15) on vacation;

16) to carry out pedagogical, scientific or other creative activities.

2. The rules for carrying weapons by military personnel are determined by general military regulations. As a last resort, military personnel have the right to use weapons personally or as part of a unit in the following cases::

1) repelling an armed attack on protected military and civilian facilities, guards, premises and structures of military units;

2) suppression of attempts to forcibly seize weapons and military equipment;

3) protection of military personnel and civilians from attacks threatening their life or health, including from animal attacks, if it is impossible to protect them by other means and means.;

4) the detention of a person who has committed a criminal offense, is offering armed resistance or is caught in the commission of a grave, especially grave crime, as well as an armed person who refuses to comply with legal requirements to surrender weapons, if it is impossible to overcome resistance by other means and means, detain the criminal or seize the weapon.;

5) the release of hostages, seized protected facilities, structures and special (military) cargo;

6) to prevent the escape from custody of persons in respect of whom a preventive measure has been chosen in the form of detention, to prevent the escape of persons sentenced to imprisonment, as well as to prevent attempts to forcibly release them;

7) Giving an alarm or calling for help;

8) necessary defense and extreme necessity.

The use of weapons should include a warning of the intention to use them, with the exception of a sudden armed attack, an attack using military equipment, vehicles, sea and river vessels, as well as escape from custody with weapons.

When using and using weapons, a serviceman is obliged to take all possible measures to ensure the safety of surrounding citizens, and, if necessary, provide emergency medical assistance to victims.

It is prohibited to use weapons against women and minors, except in cases where they commit an act of terrorism, an armed attack, provide armed resistance, or commit a group attack that threatens the life of a serviceman or other persons, if it is impossible to repel such an attack by other means and means.

The soldier reports on each case of the use or use of weapons to the commander (chief).

3. Other rights of military personnel may be established by the laws of the Republic of Kazakhstan and acts of the President 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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