Commentary to article 650. Avoidance of military service training The Code of the Republic of Kazakhstan on Administrative Offences
Avoidance of military service training for conscripts in military-technical specialties in the direction of local military authorities or failure to attend classes of educational organizations without valid reasons -
entails a warning or a fine in the amount of one monthly calculation index.
The object of this offense is the established procedure for training conscripts for military service.
According to Article 9 of the Law, the preparation of citizens for military service is a set of mandatory measures carried out by government agencies with citizens of pre–conscription and draft age in order to teach them the basics of military service, as well as with those liable for military service in order to train and retrain in military-technical and other specialties for military service.
The preparation of citizens for military service includes:
a) Basic military training;
b) military training in additional educational programs;
c) training in military-technical and other specialties;
d) military training according to the programs of reserve officers and sergeants of the reserve.
The preparation of citizens for military service is organized and provided by state bodies in accordance with the legislation of the Republic of Kazakhstan.
Heads of organizations are required to ensure that pre-conscripts and conscripts are trained for military service.
The objective side of this offense is formed by:
a) evading the preparation for military service of conscripts in military-technical specialties in the direction of local military authorities;
b) failure to attend classes of educational organizations without valid reasons.
In accordance with Article 12 of the Law, training of citizens in military-technical and other specialties is carried out in specialized organizations of the Ministry of Defense of the Republic of Kazakhstan free of charge in accordance with the needs of the Armed Forces and on a reimbursable basis with full or partial reimbursement of training costs.
Citizens who are fit for military service for health reasons, aged from seventeen years, six months to twenty-six years, who are subject to conscription for military service after graduation or enrolled in the mobilization reserve, are involved in training in military-technical and other specialties free of charge. The assignment for the training of junior specialists is formed by the Ministry of Defense.
On a paid basis, the following persons are involved in training in military-technical and other specialties::
liable for military service, fit for military service for health reasons;
conscripts between the ages of twenty-four and twenty-seven who are fit or only partially fit for military service for health reasons, including those who have a deferral from conscription.
The procedure for recruiting conscripts, those liable for military service, their directions and training on a gratuitous and paid basis, the organization of the educational process, as well as the terms of training in military-technical and other specialties in specialized organizations of the Ministry of Defense are determined by the Minister of Defense of the Republic of Kazakhstan.
The beginning and end of the training of conscripts liable for military service in military-technical and other specialties is considered to be the date of the issuance of orders from the head of a specialized organization of the Ministry of Defense on enrollment and graduation. During the period of study in military-technical and other specialties, citizens retain their place of work (position). During this period, they may not be dismissed on the initiative of the employer, except in cases of liquidation of the legal entity, as well as expelled from the educational organization on the initiative of the head of the educational organization. Failure to attend classes of educational organizations without valid reasons forms the objective side of the offense, the responsibility for which is provided for in the commented article.
The subject of this offense is a conscript selected by the Ministry of Defense of the Republic of Kazakhstan for military-technical training in specialized organizations of the Ministry of Defense of the Republic of Kazakhstan.
The subjective side of this offense is expressed in intent. A conscript is aware that he is avoiding training for military service in military-technical specialties or does not attend classes at educational organizations without valid reasons.
According to Article 699 of the Administrative Code, the heads of local military administration bodies have the right to consider cases of administrative offenses and impose administrative penalties on behalf of the Ministry of Defense of the Republic of Kazakhstan.
Scientific and practical commentary to the Code of the Republic of Kazakhstan on Administrative Offences (article-by-article) from the Author's team:
Bachurin Sergey Nikolaevich, Candidate of Law, Associate Professor – chapter 48 (co-authored with E.M. Khakimov);
Gabdualiev Mereke Trekovich, Candidate of Law – Chapters 11, 21, 22, 23;
Zhusipbekova Ainur Maratovna, M.yu.n. – chapter 13 (co-authored with Karpekin A.V.); chapters 33, 39 (co-authored with Seitzhanov O.T.);
Alexander Vladimirovich Karpekin, Candidate of Law, Associate Professor – chapter 13 (in collaboration with A.M. Zhusipbekova);
Korneychuk Sergey Vasilyevich – chapters 2; chapter 6 (co-authored with O.T. Seitzhanov, E.M. Khakimov); chapter 8; chapter 25 (co-authored with E.M. Khakimov); articles 457-470, 488, 488-1, 491-506; chapters 28, 30, 52;
Ilya Petrovich Koryakin, Doctor of Law, Professor – Chapter 49;
Kisykova Gulnara Bauyrzhanovna, Candidate of Law – chapter 20;
Omarova Botagoz Akimgereevna, Candidate of Law – chapters 17; chapter 18 (co-authored with B.A. Parmankulova); chapters 26, 31; chapter 32 (co-authored with B.A. Parmankulova);
Parmankulova Bayan Askhanbaevna – chapter 18 (co-authored with Omarova B.A.); chapters 19, 32 (co-authored with Omarova B.A.); chapter 43 (co-authored with Tukiev A.S.);
Podoprigora Roman Anatolyevich, Doctor of Law, Professor - Chapter 24, articles 489, 489-1, 490;
Porokhov Evgeny Viktorovich, Doctor of Law – Chapters 14, 15, 16, 29, articles 471-475;
Seitzhanov Olzhas Temirzhanovich, Candidate of Law, Associate Professor, – chapter 4; chapter 5 (co-authored with E. M. Khakimov); chapter 6 (co-authored with S.V. Korneychuk, E.M. Khakimov); chapter 9; chapter 10 (co-authored with B.E. Shaimerdenov, V.V. Filin); chapter 33 (co-authored with Zhusipbekova A.M.); chapter 36 (co-authored with Shaimerdenov B.E.); chapter 39 (co-authored with Zhusipbekova A.M.);
Smyshlyaev Alexander Sergeevich, PhD. – chapters 38, 40, 42, 43-1 (co-authored with A.S. Tukiev); chapter 44;
Aslan Sultanovich Tukiev - Candidate of Law, Associate Professor – chapters 1, 3, 35; chapters 38, 40, 42, (co-authored with A.S. Smyshlyaev); chapter 43 (co-authored with B.A. Parmankulova); chapter 43-1 (co-authored with A.S. Smyshlyaev); chapter 44-1 (co-authored with Shipp D.A.); chapter 45; 46 (co-authored with Shipp D.A.); chapter 47;
Filin Vladimir Vladimirovich, Candidate of Law, Associate Professor – Chapter 10 (in collaboration with O.T. Seitzhanov, B.E. Shaimerdenov);
Yerzhan Maratovich Khakimov, M.yu.n. – chapter 5 (co-authored with O.T. Seitzhanov); chapter 6 (co-authored with O.T. Seitzhanov, S.V. Korneychuk); chapter 7; chapter 25 (co-authored with S.V. Korneychuk); chapters 34, 41; chapter 48 (co-authored with S.N. Bachurin); chapter 53;
Shaimerdenov Bolat Yerkenovich, M.yu.n., – chapter 10 (co-authored with O.T. Seitzhanov, V.V. Filin); chapter 12; articles 476-487, 507-509; chapter 36 (co-authored with O.T. Seitzhanov); chapters 37, 50, 51.
Shipp Denis Alekseevich – chapters 44-1, 46 (in collaboration with A.S. Tukiev).
Date of amendment of the act: 01.01.2020 Date of adoption of the act: 01.01.2020 Place of acceptance: 100050000000 Authority that adopted the act: 103001000000 Region of operation: 100000000000 NPA registration number assigned by the regulatory body: 5 Status of the act: new Sphere of legal relations: 029000000000 / 028000000000 / 029002000000 / 028004000000 / 029001000000 / 026000000000 / 001000000000 / 001008000000 / 030000000000 The form of the act: COMM / CODE Legal force: 1900 Language of the Act: rus
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