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The Compulsory Military Service Act

Original Language Title: Obligātā militārā dienesta likums

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The Saeima has adopted and the President promulgated the following laws: the law of compulsory military service in chapter I. General provisions article 1. This law determines the mandatory military service, legal, economic and social framework. Its purpose is to provide national armed forces with compulsory military service for soldiers and involved citizens of Latvia.
2. article. (1) All citizens of Latvia — men — in accordance with the procedure laid down in this Act to perform compulsory military service.
(2) compulsory military service on a voluntary basis can meet women — Latvian citizen.
3. article. (1) compulsory military service consists of the obligatory active military service and reserve service.
(2) the obligatory active military service and reserve service performing duty national armed forces.
(3) the reserve counts: 1) soldiers after the obligatory active military service in the end;
2) compulsory active military service conscript persons not at the time of the termination of conscription;
3) state licensed, graduates of higher education during or after the Cabinet duly trained in the basic training of military service;
4) of the Act referred to in article 4;
5) citizens who got their professional or academic education in the Latvian Police Academy and continue the service system of the Ministry of the Interior.
4. article. (1) a Person who, before the acquisition of the citizenship of Latvia is served in a foreign military service is counted in the reserve.
(2) the reserves are credited to those citizens of Latvia who have any other nationality (citizenship) and are served in a foreign military service.
5. article. (1) the mandatory military service, as well as the voluntary personal accounts, registration and conscription is carried out under the authority of the Ministry of defence of the existing civiliestād — national military service and conscription military service center.
(2) the authority shall operate in accordance with the relevant provisions of the Ministry of defence and the Cabinet of Ministers approved regulations.
6. article. National military service administrations until the conscription of persons registered in the obligatory active military service known as conscripts. Persons called up for compulsory active military service, called soldiers. Soldiers who entered in the reserve, called the reserve soldiers but exigent, who credited reserve — on the basketball court.
7. article. National defence matters national military service administration shall cooperate with the local authorities, which provide State military service and the Department of management with the necessary premises for the work and provide those authorities with all necessary information. Means that tasks are assigned from the State budget.
8. article. The obligatory active military service is 12 months.
9. article. Launching a mandatory active military service, soldiers gives the soldier's oath.
10. article. The soldiers and reserve soldiers are assigned to military service.
Chapter II. Personal records, registration and conscription compulsory military service article 11. National military service administration is entitled to request and receive, free of charge from the population register, the national regulatory authorities, municipalities, health care institutions and other legal entities information on iesaucam, reserve soldiers and reservists registration data, education, occupation, criminal convictions and State of health. Enquiry and issues governed by the Cabinet of Ministers regulations.
12. article. (1) the mandatory military service for persons registered in a national administration of military service after that person's place of residence in the year when they reach 18 years of age. The registration procedure is regulated by the Cabinet of Ministers regulations.
(2) The registration of citizens of Latvia who are not habitually resident in Latvia the Latvian diplomatic and consular representations in the foreign country.
13. article. (1) State administration of military service records shall take the reserve soldiers and reservists.
(2) the men are in compulsory military service as a reserve during the period beginning with the day when they entered the military service in the reserve, and lasts until the age of 45. After reaching the men from compulsory military service records removed.
(3) military service reserve commanding composition from mandatory military service records are removed in a special order.
14. article. The civil registry authorities within seven days notify the relevant State administrative organ of military service for compulsory military service records of the persons first name or last name or for that person to death.
15. article. (1) the Prosecutor's Office not later than within seven days notify the relevant State administrative organ of military service for the initiation of a prosecution against the compulsory military service of persons in the accounts, but the Court, of the compulsory military service records in the person's conviction.
(2) the citizenship and immigration authorities within seven days notify the military service concerned administrative organs: 1) for those mandatory military service subjects persons who have been deprived of the citizenship of Latvia or who have renounced;
2) for persons who acquired citizenship of Latvia if they are mandatory military service according to the age.
(3) the licensed State universities are obliged to notify the relevant national military service management business unit of cases where persons who have not been called up for compulsory active military service in accordance with this law, article 21, paragraphs 4 and 5, stop studying or training in Magistracy, residency or graduate.
(4) national average licensed by general education, secondary special education and vocational training institutions are obliged to notify the relevant national military service management business unit of cases where persons who have not been called up for compulsory active military service in accordance with this law, article 21, paragraph 6, stopped training.
(5) the health and integrity of the Inspection Commission within seven days to notify the relevant State administrative organ of military service for the determination of disability for compulsory military service records of persons.
16. article. The obligatory active military service "to ensure Parliamentary down the national armed forces and other military formations personnel. Draft order for compulsory active military service issues a Defense Minister.
Article 17. (1) compulsory active military service "citizens from the age of 19 to 27 years of age.
(2) voluntary compulsory active military service can join from the age of 18.
18. article. (1) the health assessment Iesaucam, professional psychological testing and their conscription compulsory active military service carried out conscription military service center.
(2) the conscription military service center within the limits of its competence the Cabinet of Ministers duly checked, the soldiers virsdienest officers, reserve soldiers and reservists overall fitness for military service.
19. article. Conscription military service Center Manager, once considered the proposal for the use of the optional iesaucam in active military service, in respect of each of the iesaucam accepts one of the following decisions: 1) nicknamed the compulsory active military service, indicating the performance of service location and time of arrival;
2) nickname the compulsory active military service, stating the reasons, in accordance with this law, article 21 and 22, as well as the term for which the delayed conscription compulsory active military service.
20. article. (1) article 19 of this law in that decision, the person concerned within a period of 10 days is entitled to appeal to the law referred to in article 25 of the Control Commission.
(2) control the decision of the Commission may appeal to the Court of Justice in the civil procedure code of Latvia.
21. article. (1) compulsory active military service: 1) "no person whose health condition of military service recognized invalid;
2) dependent family member's only survivor, as well as those caring for not less than two pre-school children;
3) military graduates of higher education on a voluntary basis at the time of the State approved received special military training course;
4) persons studying in Magistracy and PhD in residency, as well as a master's degree in ieguvušo University graduates;
5) state licensed University successful full-time unfocused learning (first higher education);
6) persons studying in the country in average licensed general education, secondary special education and vocational training institutions (secondary production) — up to graduation on 1 October;
7) citizens who obtain their education abroad at Ministry of education and Science initiative;
8) ordained to clergy who belong to one of the denominational, which represented the militārkapelān service, and the people who created these creeds in learning mental training institutions;

9) people against whom criminal prosecution takes place, or which are located in the consideration of the Court;
10) persons for the crime of being served or have suffered the penalty of imprisonment institutions.
(2) in paragraph 5 of this article, these non-military University full time undergraduate and 6. successfully and the person referred to in paragraph 7 shall not be called up until the age of 26.
22. article. The obligatory active military service may not nicknames: 1) persons important reasons wish to perform military service in a different time within the next three years. Reuse not conscription for this reason is not permitted;
2) the Latvian National Opera Ballet artists.
23. article. National military service management control, or have not changed, the circumstances were not called up conscripts for compulsory active military service. If you are not a basis for conscription lost, people iesaucam on compulsory active military service.
24. article. State administration of military service may not interfere with state licensed graduates in the first year after the previous period of study the successful end to launch the next phase of the study courses (masters, PhD, residency).
25. article. (1) the Cabinet of Ministers established the conscription military service control Commission whose members work without pay in the composition, but the duration of this Commission is exempt from the obligations of the main site, which continues to receive wages. This Commission has the power to control and review military service conscription Centre decisions, as well as to examine complaints of persons on those decisions.
(2) the Control Commission in accordance with this Act and the by-laws approved by the Cabinet of Ministers periodically running conscription military service center.
26. article. Control Commission headed by Defence Minister suggested to the President, and its members include: 1) the authorized representative of the Ministry of defence;
2) authorized by the Ministry of Foreign Affairs representative;
3) Prosecutor authorized representative;
4) notified the Ministry of the Interior;
5) education and Science Ministry's authorized representative;
6) Ministry of culture authorized representative;
7) authorized representative Ministry of welfare;
8) authorized by the Ministry of Justice;
9) Ministry of agriculture authorized representative.
Chapter III. Compulsory military service placing in article 27. The performance of compulsory military service in the order determined by this law, other laws and regulations, as well as military rule.
28. article. The basis for the assignment in the service's order of the Minister for defence and conscription military service center manager's decision.
29. article. The obligatory active military service conscript people to good places to public administration, military service against the signature issue of the relevant assignment, which is the basis for the conclusion of the iesaucam the contract of employment is terminated, or be released from draftee civil.
30. article. (1) the obligatory active military service, as well as a reserve soldier and reservist training begins with the day when the person is under assignment came in the place and the personnel included in the list. Places of Commander (boss) lists the obligatory active military service, as well as a reserve soldier and reservist training time and retired reserve, as well as 10 days to inform the public about the administration of military service compulsory active military service, as well as a reserve soldier and reservist training start and end.
(2) the retraining of soldiers order determined by the Ministry of defence.
31. article. A soldier in compulsory active military service and reserve soldiers or reservists for training time does not include the time at which he was arbitrary in absentia.
32. article. Soldier atvaļinām reserves before the expiry of the service if: 1) he active military service compulsory during health reasons become unfit for service;
2) his dependent family members left without a breadwinner;
3) he is convicted of the crime, the deprivation of liberty.
33. article. (1) in accordance with the national armed forces training plan Minister of defence with your order you can reserve a nickname soldiers and reservists to training, but not more frequently than once a year, and their duration should not exceed 30 days in four years.
(2) the reserve soldiers and reservists during training is compulsory active military service status of the soldiers.
(3) reserve soldiers and reservists, which day the Ministry of the Interior and the civil protection unit in the system, as well as the working professional and voluntary emergency and rescue units, in times of peace to training national armed forces are not called up.
Chapter IV. Iesaucam, soldiers, reserve soldiers and reservists ' rights and obligations Article 34. Iesaucam, reserve soldiers and reservists, as well as in article 12 of this Act, that person is obliged to attend national military service management call for a specified time and place.
35. article. If the person in the year, when it reached 18 years of age, has not received a call to the registration, it has to come to the country after military service in the administration of the place of residence until next January 31.
36. article. The employer or supervisor civiliestād to release the person from work duties by the State administration of military service call in days, saving the job (position) and monthly average earnings.
37. article. The obligatory active military service iesauktaj persons employer or civiliestād shall pay severance pay monthly average earnings, and they are stored in the place of work (position).
38. article. Parties that do not justify the reason does not appear in the national military service, brought forcibly. Decision on forced return adopted by the national administrations of military service, as well as the heads of unit. Decisions of the national police authorities.
39. article. For a absences for justifiable are recognised force majeure circumstances that confirmed in writing to the municipal, medical or police authorities.
40. article. (1) successful completion of the University students, who have expressed a wish to meet mandatory voluntary active military service, and he retired reserve has the right to continue training in the same State as before the conscription.
(2) state licensed schools at least one quarter of the places intended for students whose training paid for from the State budget, reserved for those of the active military service of retired soldiers who have passed the entrance examination.
Article 41. (1) persons who mandatory active military service performed in good faith during their direct duties, there are advantages to occupy the posts of civil servants if they have passed the national civil servant Qualification exam for candidates and the party, and other Office work ability of the tenderer, the theoretical and practical training are the same.
(2) the first paragraph of this article, the persons referred to are the advantages to occupy positions in other public institutions, if the person and the other posts of the working capacity of the tenderer, the theoretical and practical training are the same.
Article 42. (1) the obligatory active military service, soldiers called up for training reserve soldiers and reservists against the life and health of the public funds.
(2) if the compulsory active military service, soldiers to call out the reserves training soldiers or reservists, their duties, have become disabled, his disability pension is determined in accordance with the law "on State pensions".
(3) If a mandatory active military service, soldiers to call out the reserves training soldiers or reservists will become disabled due to injuries, contusions or mutilations of their duties, in addition to his second part of this article the supplementary pension is granted a pension as referred to in the first subparagraph the following claims: 1) Group I disability: 100 per cent of the national minimum wage;
2) disability-II 80 per cent of the national minimum wage;
3) disability — 60 per cent of the national minimum salary.
(4) if the compulsory active military service, soldiers to call out the reserves training soldiers or reservists have suffered injuries in the accident, which is not related to the direct duties or during the service become disabled through sickness, his addition to the second part of this article, the invalidity pension shall be granted an additional pension as referred to in the first subparagraph the following claims: 1) Group I disability-80 per cent of the national minimum wage;
2) Group II disability — 60 per cent of the national minimum wage;
3) disability — 40 per cent of the national minimum salary.
(5) If the second part of this article referred to the disabled is modify the disability group pension periods under the new disability group, as well as the variable in the third and fourth part of additional pension.

(6) If you change the State minimum salary amount, respectively, also this article to change the third and fourth part of additional pension.
(7) the right to a survivor's pension is not capable of work, killed the deceased or dead recognized mandatory active military service, soldiers called up reserve soldiers in training or reserve members of the family who were dependent. The survivor's pension shall be granted in accordance with the law "on State pensions".
(8) if the compulsory active military service, soldiers to call out the reserves training soldiers or reservists, their duties, has died, his heirs are not the direct service (article 423 of the Civil Code) paid a lump sum payment of minimum wages in the amount of 1000. The single allowance between the heirs still not distributed in accordance with the provisions of the civil code.
(9) on official duties deaths compulsory active military service, soldiers called up for training reserve soldiers or reservists funeral expenses shall be borne by the State.
43. article. (1) the obligatory active military service during the service a soldier is entitled to 10 days of leave.
(2) the reserves called up For training soldiers and reservists such leave is not granted.
44. article. (1) each draftee, a reserve soldier and reservist is personally responsible for resettlement, check out of the country or other conditions do not create barriers to compulsory military service duties.
(2) For departure from Latvia for more than six months, a draftee in writing the national military service administration.
(3) in case of change of residence to iesaucam 10 days to notify the national authority of military service.
(4) conscripts who live or reside abroad, up to the age of 26 to return to Latvia and to enroll in the State's mandatory military service in the management of active duty military service.
Article 45. It is prohibited to write (record) at the residence and from the discharge (remove from accounting) Latvian citizens (men aged 18 to 45 years), which are not designed with compulsory military service records related documents.
Article 46. Reserve soldiers to take the retired accounting national military service administration 10 days after the date of arrival shall personally and to taking retraining.
47. article. On training the reserves called up soldiers and reservists within 10 days after the end of training must notify the national authority of military service.
48. article. The compulsory military service law of duties and security control of the Defense Ministry.
Transitional provisions 1. To persons who up to this law, the date of entry into force of the draft is suspended or transferred to the reserve is subject to the conditions of this law.
2. The registration of citizens of Latvia, whose place of residence is in Latvia, initiated up to 1 July 1997.
3. pending the reorganization of the departments of the Ministry of the Interior for the completion of the obligatory active military service are also subject to the Ministry of the Interior in the guard and mobile pulko, as well as border forces (border guards).
4. the internal affairs authorities and the ordinary commanding officers, judges and prosecutors who entered into this Act until the date of entry into force of the mandatory active military service are not called up.
5. Article 8 of this law shall enter into force four months after the promulgation of the law. Until then, the duration of the service is the former — 18 months.
6. The Cabinet of Ministers: 1) up to 1 July 1997, to determine the order in which the insured compulsory active military service and to the training of reserve soldiers called up reservists and life and health;
2) up to 1 July 1997 does this law the provisions referred to in article 12;
3) up to 1 July 1997 for establishing military service and conscription Control Commission approved its Statute.
7. With the entry into force of this law shall lapse at the law on the Republic of Latvia the minimum public service "(Republic of Latvia Supreme Council and Government Informant, 1993, 18./19.nr.; The Saeima of the Republic of Latvia and the Cabinet of Ministers rapporteur, 1995, no. 6).
The law shall enter into force on the day following its promulgation.
The Parliament adopted the law of 10 February 1997.
The President g. Ulmanis in Riga, 1997 February 27.