ORDER OF THE GOVERNMENT OF THE REPUBLIC OF TAJIKISTAN

of June 11, 2001 No. 257

About approval of the Regulations on procedure for passing of military service

According to the Law of the Republic of Tajikistan of November 29, 2000. "About general conscription and the military service Government of the Republic of Tajikistan decides:

1. Approve the enclosed Regulations on procedure for passing of military service.

2. To the Ministry of Defence of the Republic of Tajikistan, the ministries and departments of the Republic of Tajikistan in which the law provides military service, in three-months time to bring departmental acts into accord with the specified Provision.

3. Declare invalid the order of the Government of the Republic of Tajikistan of December 2, 1998 No. 461 "About approval of the Regulations on procedure for passing of military service by the military personnel of Armed Forces of the Republic of Tajikistan".

Approved by the Order of the Government of the Republic of Tajikistan of June 11, 2001 No. 257

Regulations on procedure for passing of military service

I. General provisions

1. Concepts serviceman and passing of military service

1.1. Military personnel are the citizens of the Republic of Tajikistan (further citizens) who are in public military service. Passing of military service is regulated by the legislation of the Republic of Tajikistan, this Provision and army regulations of change of certain legal relationship from the moment of the beginning of military service and before its termination.

Military personnel passes military service according to the legislation of the Republic of Tajikistan and this Provision in military units of Armed Forces, managements, organizations, military educational institutions of professional education, the companies and the organizations of the Ministry of Defence (further - military units of Armed Forces), the Ministries of safety of the Republic of Tajikistan, the Ministry of Emergency Situations and civil defense of the Republic of Tajikistan, Committee on protection of Frontier under the Government of the Republic of Tajikistan - internal troops of the Ministry of Internal Affairs of the Republic of Tajikistan, Presidential guard of the Republic of Tajikistan and others, the troops created according to the Law of the Republic of Tajikistan "About defense", military forming and bodies (further - the ministries and departments in which the law provides military service).

1.2. Treat the military personnel: soldiers, sergeants, ensigns, officers: female military personnel; cadets of military educational institutions of professional education.

1.3. The rights, obligations and responsibility of the military personnel, and also concept of execution of military service are determined by the laws of the Republic of Tajikistan "About general conscription and military service", "About the status of the military personnel", "About veterans", all-army regulations, this Provision and others is normative - legal acts of the Republic of Tajikistan.

1.4. Content of passing of military service is constituted by legal relationship, connected;

with appointment to military positions and transfer on service;

with assignment, deprivation of military ranks and recovery in military ranks:

with professional training and professional training;

with fulfillment of duties of military service and determination of time of rest;

with carrying out certification;

with dismissal from military service and recovery on military service;

with service in inventory;

with feature of passing of military service to wartime.

1.5. Military personnel of the Ministry of safety of the Republic of Tajikistan, and also the military personnel who are judges of public vessels, employees of the office of military courts and military prosecutor's office pass military service according to this Provision taking into account the features established by legal acts of the Republic of Tajikistan, regulating activities of security service, public vessels and military prosecutor's office.

1.6. Excluded

2. Terms, duration, beginning and termination of military service

2.1. According to article 34 of the Law of the Republic of Tajikistan "About general conscription and military service" terms of military service are established;

for the military personnel undergoing military service on positions of soldiers and sergeants - 24 months;

for the military personnel who graduated from educational institutions of higher education and undergoing military service on positions of soldiers and sergeants - 18 months;

for the officers who graduated from military educational institutions of the higher and secondary professional education - at least 10 years;

for the officers who enlisted from inventory in voluntary procedure - at least 5 years;

for the military personnel aged up to 30 years undergoing military service on officers positions - 24 months;

for ensigns and the female military personnel - 3 years;

for the military personnel passing military service in voluntary procedure in security service of the Republic of Tajikistan on positions of sergeant structure - 3 years;

Terms of military service can be extended by the serviceman passing military service in voluntary procedure from their consent over the terms established by this Item, with observance of requirements of item 4 of this provision, according to the procedure, determined by heads of the ministries and departments in whom the military service is provided.

2.2. For the military personnel passing military service in areas of the Republic of Tajikistan with adverse climatic and ecological conditions and in the mountain area the following terms of duration of passing of military service are established:

in mountain areas at the height over 1500 up to 2500 meters above sea level - 5 years;

in areas with adverse climatic and ecological conditions - 4 years;

in mountain areas at the height over 2500 meters above sea level - 3 years.

The list of mountain areas and areas with adverse climatic and ecological conditions is established by the Government of the Republic of Tajikistan, and the list of the military units and divisions deployed in these areas, and also which are carrying out tasks in the conditions of emergency state and in case of armed conflicts is determined by the Minister of Defence of the Republic of Tajikistan, the head of the ministry and department in whom the law provides military service.

2.3. For the military personnel passing military service outside the Republic of Tajikistan as military attaches, advisers and specialists duration of term of stay in one country no more than 3 years are established; For others category of the military personnel terms of passing of military service outside the Republic of Tajikistan, are established in each case by the Government of the Republic of Tajikistan.

2.4. Replacement procedure of the military personnel in the areas specified in subitems 2.2., 2.3 presents of Item, and also terms of carrying out replacement, are determined by the Minister of Defence of the Republic of Tajikistan, the head of the ministry and department in whom the law provides military service.

2.5. The military personnel from their consent can continue military service over the established term duration in this area according to the decision of commanders of types of the Armed Forces equal to them above. Prolongation of terms of military service outside the Republic of Tajikistan is made by the Minister of Defence of the Republic of Tajikistan, the head of the ministry and department in whom the law provides military service.

2.6. The term of military service is estimated from the date of the beginning of military service. Time of passing of military charges is set off in the general duration of military service of the citizen.

The general duration of military service of the serviceman includes all the time of its military service, in voluntary procedure, stays on military charges including in cases of repeated revenues to military service. Determination of general duration of military service is made in calendar calculation.

In the cases established by the laws and other regulatory legal acts of the Republic of Tajikistan, the general duration of military service is determined in preferential calculation.

The serviceman undergoing military service, one day of participation in fighting or accomplishment of tasks in the conditions of armed conflicts, and equal one day of stay in medical institutions owing to wound, contusion, the mutilations or diseases got during participation in the specified actions or the conflicts is set off in two days of military service.

The male military personnel deducted from military educational institutions of professional education of the ministries and departments in which the military service is provided and also from organizations of professional education of the Ministry of Internal Affairs of the Republic of Tajikistan for indiscipline and poor progress if by the time of assignment they reached age of 18 years, did not serve fixed term of military service and has no right to dismissal, to release or draft deferment to military service, goes for passing of military service. In this case in time military service it is set off:

duration of military service before receipt in military educational institution of professional education in full;

duration of military service during training in military educational institutions of professional education at the rate of two months of military service in the specified educational institution in one month of military service. Determination sheathe durations of military service of the specified military personnel it is made proceeding from its actual duration.

2.7. The beginning of military service is considered:

for the citizens who are called up for military service including reserve officers - day of arrival in military commissariat for sending to the place of military service;

for the citizens who enlisted in voluntary procedure day of their transfer in lists of staff;

for the citizens who arrived in military educational institutions of professional education - day of transfer in the specified educational institutions;

for the citizens who are called up for military service directly after the termination of public educational institutions of higher professional training which gives the military rank of the officer - day of departure in the leave granted by the military commissioner upon termination of the specified educational institutions.

2.8. Day of the termination of military service day of exception of the serviceman of lists of staff according to the procedure, determined by Item 32 this provision is considered.

2.9. To the serviceman who served fixed term of military service, the decision of the commander of separate military unit, to it equal above the term of its military service up to two months in the next exceptional cases can be prolonged;

involvement of military unit where there undergoes the serviceman military service to natural disaster response, the fires, accidents and catastrophic crashes;

findings of military unit on doctrines, in campaigns, accomplishment of tasks in the conditions of emergency rule and armed conflicts or participation of military unit in combat and special operations;

at the request of the serviceman about day of sending the vehicle performing individual or organized transportation of the military personnel transferred to the reserve;

delays of arrival of young replenishment for replacement of the specialists military personnel determining combat readiness of military unit.

2.10. In time the military service is not set off: time of stay of the serviceman in disciplinary military unit; time of serving by the serviceman of authority punishment in the form of arrest; time of unauthorized leaving by the serviceman of military unit or the place of military service, irrespective of the reasons; time of untimely arrival of the serviceman to the place of military service in the time ordered it, irrespective of the reasons; time of serving of arrest by the condemned serviceman.

2.11. According to Item 6 of the Regulations on disciplinary battalion (company) to the serviceman exempted from disciplinary military unit after the expiration of fixed term of passing of military service, on condition of its faultless military service, time of stay in disciplinary military unit can be included its military service according to the petition of command of this part in time.

3. Completing of troops (forces) by the military personnel

3.1. The citizens who elected military service the profession in voluntary procedure treat personnel structure of Armed Forces.

3.2. Armed forces, the ministries and departments in which the law provides military service in peace time are completed: the military personnel who graduated from military educational institutions of professional education;

the citizens who are called up for military service according to article 19 of the Law of the Republic of Tajikistan "About general conscription and military service";

the officers and ensigns of inventory selected in personal procedure and who showed willingness to pass military service in voluntary procedure;

the citizens having the higher and secondary vocational civic education, related on profile of preparation of the corresponding military specialty and shown willingness in voluntary procedure to enlist with simultaneous assignment of military rank by it the officer (ensign);

the officers undergoing military service, enlisted at will in personnel structure;

female citizens, personally selected and shown willingness to pass military service in voluntary procedure on positions of ensigns, sergeants and soldiers.

4. Age limit of stay on military service

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