Citizens that have not completed mandatory military service in Armenia
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Citizens that have not completed mandatory military service in Armenia

The law “On citizens that have not done the mandatory military service in accordance with the prescribed order” was adopted on December 17, 2003.

The main purpose of the law is to exempt from criminal prosecution citizens that have avoided mandatory military service within the period between the autumn military draft of 1992 until May 1, 2011. The law instead obliges the payment of mandatory fees, provides them with military identity cards, and transfers them to the reserve.

1. Citizens that have not completed mandatory military service, starting from the moment of not presenting themselves for the mandatory military draft are liable for penalties for each missed (avoided) call-up as follows:

Cases of avoidance from doing the mandatory military service .

The sizes of payments for the exemption from the liability of military service for each not celled- up  (avoiding) citizen.

1.    The citizen has reached age 27 and, without qualifying for an exemption, has not done the mandatory military service: - A sum one hundred times the minimum salary.

2.    The citizen liable for military call-up has not done the mandatory military service but has later been found to have due grounds for exemption from mandatory military service, i. e. :

a)    the citizen has been recognized by the Republican Military Draft Commission as not liable for military services because of health conditions and has been withdrawn from military registration: - A sum thirty times the minimum salary

b)    the citizen whose father or mother, or natural brother or sister has died in the course of the defence of the Republic of Armenia or while serving in military forces of the RA, and he is the only male offspring of the family. This exemption applies irrespective of his age:- o fine

g)    the citizen has a scientific degree (Candidate of Sciences or Doctor of Sciences) and is involved in professional scientific activities: - A sum fifty times the minimumsalary

3.    The citizen liable for military call-up has not done the mandatory military service and has acquired a temporary exemption from military service with the purpose of continuing his education:- A sum fifty times the minimum salary.

4.    The citizen has not done the mandatory military service but has later acquired grounds for temporary exemption from military service by virtue of his marital status and has:

1)    A disabled father and mother and these parents do not have another able-bodied citizen son t not in mandatory military service of the RA 
(disabled parents are defined as:
-    a father and mother of the age that entitles them to receive a senior citizen pension:
-    a father and mother with invalidity of first or second group;
-    father and mother that were recognized as disabled by a court decision); 
2)    has a child that is growing without mother;
3)    has two children;
4)    has a wife with invalidity of first or second group;
5)    has a natural sister or brother with invalidity of the first of second group or who is recognized as disabled by court decision and there is no other able-bodied member of the family that lives with him/her;
6)    has a wife that is pregnant with the second child or twins or is in the sixth month of pregnancy;
7)    has the right to a temporary exemption due to other family reasons that are not stated in the law. 

A sum 30 times the minimum salary

5.    The citizen liable for military call-up has not done the mandatory military service but later has become a father of 3 or more children or a father of 2 children growing without their mother:- 0

6.    The citizen liable for military call-up has not done the mandatory military service but later has acquired reasonable grounds for exemption from mandatory military service because of health conditions:-  A sum thirty times the minimum salary .

2. The order and schedule for submitting and discussing the applications for exemptions from military service

The application must be signed, and dated with the day, month, and year and contain the following information about the citizen:
a)    surname, first name, and father’s name;
b)    nationality (ies) (citizenship);
c)    place of residence (with registration) in the RA or in the foreign country;
d)    the time of requested exemption from the mandatory military service and the reasons for the exemption. 
The following documents must be attached to the application:
a)    the copies of one’s birth certificate and the passport;
b)    a reference note from the place of residence (registration);
c)    a reference note about one’s family members;
d)    the grounds for applying for the exemption or temporary exemption from mandatory military service.

The  time for processing and responding to the application cannot exceed two (2) months.

In the case of a negative decision or rejection of the application, the applicant receives a notice with a justification of the rejection.

In the case of a positive decision in respect of the application the applicant receives a notice with an indication of the bank account where he should make the payment defined by the law, the deadline for the payment, and information pertaining to the submission of the corresponding receipt. If the payment is not done within the period of time indicated in the notice, the payment will be rejected.

In case of disagreement with the response to the application, the citizen is entitled to appeal against the court decision within one (1) month of receiving the notice and in accordance with the order prescribed by the law.

3. Making the payment

Citizens that become exempt from mandatory military service must make the relevant payment via bank transfer within ten (10) days after receiving the response to their application. These payments accrue on an account opened by the Ministry of Defence of the RA and are used to cover the military needs of the Republic.

4. Abatement of criminal prosecution and discharge to reserve:

Within one (1) month of paying the prescribed sum, the citizen receives the decision on the abatement of the criminal prosecution. He also receives a military identity card and is discharged to reserve.

For more detailed information please send an e-mail to info@jurist.am They are always ready to help you.

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