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The liability of dual citizens for military service
Citizens of the RA that have dual citizenship must participate in the defence of Homeland, by reporting at the location prescribed by the draft entering into military service on voluntary contractual basis. The above said also pertains to citizens who, after January 1, 1995, have renounced citizenship of the RA not in accordance with the prescribed order and have adopted or received citizenship of another state, and to those who have unilaterally renounced their citizenship of the RA.
The mandatory military service of dual citizens In accordance with Article 3.1 of the RA‘On liability for mandatory military service’ a citizen of other state that has adopted citizenship of the RA is exempted from mandatory military service, if before adopting citizenship of the RA he has served in the military forces of other state for not less than twelve (12) months, or has served for at least eighteen (18) months in the military service in other state, with the exception of the states defined by the Government of the RA. A citizen of the RA that has adopted citizenship of another state is not automatically exempted from mandatory military service, regardless of the fact whether he has done military service in other state or not.
CONDITIONS FOR EXEMPTING CITIZENS THAT HAVE ESCAPED MANDATORY MILITARY SERVICE BY VIOLATING THE PRESCRIBED ORDER
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.
The domain of the law :
The power of the law covers all those (current and former) citizens of the RA that have not served in the armed forces of the RA or were not exempted from the mandatory military service on grounds stipulated by law or have not received a due temporary exemption. Not undertaking military service is equal to avoiding it regardless of whether the person has been registered with the military, whether or not he has received the call up from military commissariat, and whether he is still a citizen of the RA or not, etc.
The draft for mandatory military service in Armenia
The draft for mandatory military service is for male citizens of age 18 to 27, and for reserve officers aged below 35, who after an examination of their health conditions, are deemed suitable for military service in peace.
The draft and discharge of the rank and file is done by the command of the President of the Republic of Armenia twice a year, in April-June and October-December.
The draft and discharge of the reserve officers is done by the command of the President of the Republic. The list of categories of the officers that can receive a temporary leave from the draft is confirmed by the Government.
After the announcement of the mandatory military draft all citizens liable for the call-up must present themselves at the military commissariats where they are registered within the terms indicated in the notifications.
Exemption and temporary exemption from mandatory military service
The following citizens are exempt from the mandatory military service:
• Citizens who are recognized as unsuitable for mandatory military service by the Republican Military Draft Commission because of health conditions and are withdrawn from the military register.
• Citizens whose father or mother, or natural brother or sister have died (were killed) in the course of participating in the defence of the Republic of Armenia or serving in the armed forces or other military organizations when he is the only other male son of the family;
• Citizens who are exempt by a decision of the Government;
• Citizens who, before acquiring the citizenship of the Republic of Armenia, have done mandatory military service in the military forces of another state;
• Citizens who have a scientific degree (Candidate of Sciences or Doctor of Sciences) and are involved in professional, research or scientific activities.
Temporary exemption from mandatory military service is given:
• in connection with the marital status or a particular situation in the family ;
• to citizens who wish to continue their education;
• to citizens who cannot take part because of temporary health conditions.
For more detailed information please feel free to ask «Your Jurisconsult» LLC experts. They are always ready to help you.
We express our gratitude to the law firm "Your Jurisconsult" for professional legal protection of the interests of our organization in relations with the tax authorities. High qualification and expertise help us to defend the rights of our company and prevent unwarranted use of economic sanctions."Syscon" LLC Batyr Durdyyev Business Manager