Adopted by the National Assembly

LAW

OF THE REPUBLIC OF ARMENIA

Adopted by the National Assembly

16 September 1998

ON MILITARY SERVICE

CHAPTER 1

GENERAL PROVISIONS

Article 1. / Subject matter of the Law

This Law shall regulate the relations connected with organising and conducting military registration, preparation for the military service, military call-up, military service and military readiness actions in the reserve for citizens in the Republic of Armenia.

Article 2. / Legislation on MILITARY SERVICE

The legislation on MILITARY SERVICE is composed of the Constitution of the Republic of Armenia, international treaties of the Republic of Armenia, this Law, other laws and legal acts.

Article 3. / MILITARY SERVICE

1. MILITARY SERVICE is the constitutional duty of citizens to take part in the defence of the Republic of Armenia.

Conscripts shall be considered to be the male citizens of pre-military, military age and those registered in the reserve, as well as female citizens with military profession or having completed the military service.

2. MILITARY SERVICE of citizens shall comprise:

- military registration,

- preparation for the military service,

- military call-up and military service,

- registration in the reserve.

Article 31. / MILITARY SERVICE of dual citizens

1. The citizen of a foreign state who has accepted citizenship of the Republic of Armenia shall be exempt from compulsory military service, if, before the acceptance of citizenship of the Republic of Armenia, the citizen has served in the armed forces of the foreign state for no less than 12 months or has completed alternative military service for no less than 18 months, except for the states defined by the Government of the Republic of Armenia.

2. The citizen of the Republic of Armenia who has accepted the citizenship of a foreign state shall not be exempt from compulsory military service, regardless of the fact that he or she has served in a foreign state or not.

3. The dual citizen shall not be exempt from the military call-up and training musters.

(Article 31 supplemented by HO-76-N of 26 February 2007)

Article 4. / Ensuring fulfilment of MILITARY SERVICE

1. The officials of state and local self-government bodies, irrespective of their organisational-legal form, employer organisations and educational institutions shall be obliged to:

(a) maintain the register of conscripts on timely and in the prescribed manner, submit the lists of persons subject to military registration to the military commissariats of their place of registration (for those without registration - the actual place of residence), as well as provide data on the conscript’s removal from registration, his or her being admitted, transferred to and being expelled (dismissed) from work (an educational institution);

(b) by the demand of the relevant military commissariat, notify conscripts about the military call-up to the military commissariat;

(c) dismiss conscripts from work or release them from instruction for the required time mentioned in the notice of military service or of the military commissariat.

2. The Police of the Republic of Armenia shall be obliged to:

(a) grant or exchange passports to conscripts (except for those in the reserve abroad), perform the actions of registering or removing the registration in their military documents in accordance with the residence, in case of the presence of indications regarding military registration from the relevant military commissariat. Indicate the validity of the passports of pre-military age conscripts in foreign states before the military age, and in case of the military age, with a deferral period granted by the conscript of compulsory military service,

(b) support military commissariats in calling up conscripts, calling them to military training and registering them.

3. The medical-social expert examination commissions shall be obliged to, within a week, inform the relevant military commissariat about all conscripts that have been recognised as disabled, regardless of the disability.

4. Civil status acts registration authorities shall be obliged to, within a week, inform the relevant military commissariat about the change of last name, name, father's name and date of birth of the conscripts, as well as the registration of their death in civil status acts.

5. The investigative and preliminary investigative bodies shall be obliged to, within a week, inform the relevant military commissariat about the conscripts against whom a criminal charge has been brought, and the courts shall be obliged to inform about the criminal judgements and final decisions having entered into legal force in relation to the mentioned persons.

The courts shall send the registration certificates of conscripts sentenced to imprisonment or detention, the military service record cards and copies of verdicts to the relevant military commissariat within a week after the criminal judgements have entered into legal force.

Penitentiary establishments shall be obliged to, within a week, inform military commissariats of their place of registration (for those without registration - the actual place of residence) about the conscripts that have been sentenced to imprisonment or have been released from prison.

6. The diplomatic and consular bodies of the Republic of Armenia shall be obliged to:

(a) on the ground of notification sent by the military commissariat of the Republic of Armenia, notify — in accordance with the procedure established by the Government of the Republic of Armenia — the conscript having passed consular registration in their consular region to show up to the diplomatic body or consulate and submit a notice about being called-up for compulsory military service with a signature of the person who has shown up;

(b) provide, within two weeks and in accordance with the procedure established by the Government of the Republic of Armenia, to the military commissariat of the Republic of Armenia the data regarding the conscript having passed consular registration in their consular region;

(c) within the limits of their competence, support the return of pre-draftees and draftees to the Republic of Armenia.

7. Impeding the securing of fulfilment of MILITARY SERVICE on the part of officials shall incur liability in accordance with the procedure prescribed by law.

(Article 4 edited, amended, supplemented by HO-128-N of 1 June 2006, edited by HO-102-N of 30 April 2009, amended, supplemented, edited by HO-215-N of 18 November 2009, amended by HO-38-N of 19 March 2012, amended by HO-92-N of 21 June 2014)

CHAPTER 2

MILITARY REGISTRATION

Article 5. / Military registration of citizens

1. Military registration is the state system for registration of pre-draftees (16-18 years of age), draftees (18-27 years of age) and citizens in the reserve and for the analysis of the call-up, training musters and mobilisation resources of the republic.

The procedure for military registration shall be defined by the Government of the Republic of Armenia.

2. Military registration of conscripts shall be carried out by the commissariats of the place of their residence.

Military registration of conscripts living abroad (for more than a month) shall be carried out by diplomatic and consular bodies.

Military registration of conscripts that work and study shall also be carried out by enterprises, institutions, organisations and educational institutions.

3. Military registration of pre-draftees shall be considered as enlisting. Male citizens having attained the age of 16 shall be subject to enlisting.

Enlisting shall be performed by the commissions of military commissariats within the months of January-May of the current year.

Enlisting of male conscripts aged 16 to 27 and having acquired citizenship of the Republic of Armenia shall be performed in accordance with the procedure prescribed by this point.

(Notice: The amendments and additions to Article 5 of this Law by HO-128-N of 1 June 2006, HO-272-N of 28 November 2007, HO-215-N of 18 November 2009, HO-38-N of 19 March 2012, HO-92-N of 21 June 2014 have initially been linked to Point 2 of the Article, whereas had to be linked to Point 3, as a result of which there is no incorporation of Article 5.)

Article 6. / Duties of citizens in the process of military registration and call-up to compulsory military service

(Title edited by HO-215-N of 18 November 2009)

1. Citizens shall be obliged to show up to the military commissariat of their place of registration (for those without registration - the actual place of residence) for military registration, as well as to be called up to compulsory military service.

2. Citizens who have been released from military service to the military reserve shall be obliged to, within seven days, show up to the military commissariat of their place of registration (for those without registration - the actual place of residence) for military registration.

3. In case of changing the place of registration (for those without registration - actual place of residence), the conscripts shall — for military registration — be obliged to show up to the relevant military commissariat within seven days after arriving at the new place of registration (for those without registration - the actual place of residence).

Persons having been sentenced and punished in the form of imprisonment during military service shall be obliged to, within seven days following their release, show up to the military commissariat of their place of registration (for those without registration - the actual place of residence).

4. Conscripts shall be obliged to, within seven days, inform the military commissariat of their place of registration (for those without registration - the actual place of residence) about changes of their health condition, family status, place of registration (for those without registration - the actual place of residence), education, workplace and position.

(Article 6 amended by HO-128-N of 1 June 2006, supplemented by HO-272-N of 28 November 2007, edited, supplemented, amended by HO-215-N of 18 November 2009, supplemented by HO-38-N of 19 March 2012, amended by HO-92-N of 21 June 2014)

CHAPTER 3

PREPARATION OF CITIZENS FOR THE MILITARY SERVICE

Article 7. / Medical check-up and examination

1. Medical check-up shall be conducted by the doctors of the commissions of military commissariats during the enlisting of conscripts, the call-up to military service, joining military service and training musters. If it is not possible to receive a medical evaluation of the fitness of the citizen for military service, then the local military call-up commission shall be obliged to send the citizen to a relevant medical institution to undergo a medical examination, and to undergo treatment in case of need. The list of those medical institutions shall be approved by the Government.

2. In cases mentioned in this Article the medical check-up and examination of conscripts shall be carried out on priority and gratuitous basis.

(Article 7 supplemented by HO-215-N of 18 November 2009)

Article 8. / Pre-military preparation

Pre-military preparation shall, in the manner prescribed by the Government, be organised and carried out at general education schools, primary vocational and secondary vocational education institutions.

(Article 8 amended by HO-38-N of 19 March 2012)

Article 9. / Training at sport-technical organisations of a defensive nature

Pre-draftees are initially prepared for military service through the programme for military professions at the sport-technical organisations of defensive nature by the selection of the military commissariat and with a referral.

Article 10. / Training at military-educational institutions

1. The procedure for admission to military-educational institutions shall be approved by the Government of the Republic of Armenia.

Citizens completing or having completed the fixed-term military service may be admitted to military-educational institutions before attaining the age of 23.

2. Citizens having been admitted to military-educational institutions shall be considered military servicemen in compulsory military service, enjoy the rights and privileges prescribed for them by the legislation and bear responsibilities, except for cases prescribed by law. Persons having been dismissed or expelled from that institution shall compensate the costs connected to their education and shall be sent to compulsory military service under general conditions when having attained the age of 18. In the period of military service, in the given case, only the period of previously completed service of persons dismissed due to health condition, as well as in the case of studying at military aviation educational institutions - the period of previously completed service of persons dismissed due to being unfit for flights and of citizens admitted to military-educational institutions during the military service, shall be calculated. Persons having been dismissed or expelled from a military-educational institution before having attained the age of 18 shall be registered at the military call-up department of the military commissariat of their place of registration (for those without registration - the actual place of residence) and shall be subject to be called-up to compulsory military service, on general grounds, during the military call-up declared after attaining the age of 18.

(Article 10 supplemented by HO-104 of 25 October 2000, HO-215-N of 18 November 2009, amended, supplemented by HO-38-N of 19 March 2012)

CHAPTER 4

MILITARY CALL-UP

Article 11. / Military call-up for compulsory military service

1. Male draftees between the ages of 18 and 27 (except for the case prescribed by Article 14 (4) of this Law) and officers of the first group of the reserve up to the age of 35 who have been recognised as fit for military service based on their health conditions, shall be called up for compulsory military service in peace.

2. Persons who are being investigated (preliminary investigation, trial) or who have previously been convicted for having committed a grave crime or at least a double intentional crime and have served at the place of imprisonment for no less than 3 years, and if they have committed a criminal offence mentioned in the list approved by the Ministry of Defence of the Republic of Armenia and the Prosecutor's Office of the Republic of Armenia, shall not be subject to be called up for compulsory military service.

The procedure of military call-up for compulsory military service of persons who have been sentenced and served punishment for less than three years at the place of imprisonment in the past or of registering them in the reserve shall be defined by the Minister of Defence.

3. The military call-up and demobilisation of the rank and file shall be carried out within the time limits established by the decree of the President of the Republic, twice a year.

4. The military call-up and demobilization of officers of the reserve shall be carried out within the time limits established by the decree of the President of the Republic. The list of categories of officers deferred from military call-up shall be approved by the Government.