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Thursday 24-03-2016 | 2:20:54
Based on what passed the House of Representatives and approved by the President of the Republic and based on the provisions of clause (ii) of Article (9) and section (I) of Article (61) and item (iii) of Article (73) of the Constitution.
Issued the following law:
Behalf of the people
Presidency
Military Service Law
The first Door
Chapter One
Article 1
Intended meanings of the following expressions have the interview: -
First. Military service - the obligations of every Iraqi male fifth-old did not exceed forty
In accordance with the provisions of this law.
Secondly. Mandatory - active duty service spent by the taxpayer in the military, including service charge who volunteers in it.
Thirdly. Reserve service - the service of the every Iraqi led military service or death performed in accordance with the provisions of this law.
Fourthly. Called - every Iraqi completed eighteen years of age use the Gregorian calendar and is considered the birth of the so-called for the purposes of this law in the first day of the first month of the calendar year in which he was born.
Va.almklv - every Iraqi completed nine-year-old Gregorian calendar was invited to serve science and added prescription-designate on various grades obtained during the service.
Vi. Recruiter - each taxpayer or volunteers taken for military service.
Vii. Reserve - every Iraqi consequent upon the duties of reserve duty in accordance with the provisions of this Act and add recipe reservists on various grades carried.
VIII. The volunteer - anyone who has taken the profession of soldiering to him for a certain period in accordance with the provisions of this law.
IX. Deferred - for his military service in accordance with the provisions of this law.
Tenth. Exempt - exempt from military service in accordance with the provisions of this law.
eleven. Breadwinner - supports an expensive than it was one of his relatives, according to this law.
twelfth. Military service book - the book that is given to the taxpayer and for the volunteers contains its own data and the details of his service.
thirteen. The meal - all law-born one year and may be divided into batches.
Fourteen. Examination - the procedures and investigations by the competent committees to report invitees and duty conditions in accordance with the provisions of this Act and under a special system.
fifteen. State of emergency - the country's transition from peacetime to a state of war when an external sign of danger or when doing actual movements or when you get internal unrest or natural disasters and declares the approval of the House of Representatives based on a joint request from the President of the Republic and the Prime Minister.
Sixteen. General horn - create all the material and human and moral resources of the state and prepare to be converted from peaceful state to a state of war, according to the requirements of the conditions faced by the country.
Seventeen. Special horn - the creation of some of the state's resources in all parts of the Federal Republic of Iraq, or part of it.
Establish a public recruitment Directorate
Article 2
Established for the purposes of this law, General Directorate called the Directorate General of recruitment linked to the Department of Administration in the Ministry of Defense and are connected by a number of departments at the provincial level or regions linked directorates recruit at the level of the province and district centers will organize all matters pertaining to military service and keeping their own records and exercising the powers according the provisions of this law.
Chapter II
Compulsory service
Article 3 first:
a. Costs of mandatory service period of (18) eighteen months each completed nine years of age did not attend school, or left, or who did not complete middle school or completed without being enrolled in the study prep, or its equivalent, or enrolled was supplemented after twenty-third complete-old.
B. Costs of mandatory service period of (12) twelve months each:
Of completed junior high school or its equivalent and did not attend one of the colleges or institutes or equivalent, or one of the preparatory courses for entry to one of the colleges or institutes, provided that the session for not more than three (3) years.
Graduates of high schools or equivalent that period of study in which not less than (2) two years after junior high school.
Student fails two consecutive years in colleges or institutes or equivalent.
Hatch demanded his registration or leave the study at colleges or institutes or equivalent without a legitimate excuse them or did not graduate after completing thirty years of age.
C. Be a mandatory service for both graduated from a college that is not less than the duration of the study for four years (9) nine months.
Dr.. Shrinking the duration of compulsory service for mattresses assigned to them for (1) one month if they did not indicate a crime is absent, absence or escape from military service.
Secondly. Market may be assigned to military service contrary to what is stated in paragraph (i) above, if they wish to enroll in the service.
Article 4
First. Commissioning age begins on the first day of the first month of the year in which the Iraqi completes nine years old.
Secondly. Marketed in charge of pupils and students upon completion of specific age for them in Article 3 of this law, with the first batch shopping service after the school year in which they are in the end.
Thirdly. It may be in a state of war and emergency decision of the Council of Ministers that the age of commissioning begins at the completion of Iraq's eighteen years of age.
Article 5
First. Entries are considered restrictions of people in the civil register as a basis for the ages for the purpose of inviting them to perform the service and examination committees the power to switch the ages when the non-application of personal appearances for any of them registered in the nascent those restrictions.
Secondly. For each of the Director General of recruitment or his nominee and costly to object to the decision to switch generated within thirty days from the date of issue for the taxpayer and the date of notification to the Director General of recruitment or authorized by the author of the Committee under the chairmanship of Governor or his nominee and the membership director of recruiting conservative and Director of the Civil Status Registration in maintaining a military and a civilian doctor or a doctor when not in existence and its decision is final.
Thirdly. The decisions issued pursuant to paragraphs (i) and (ii) of this Article shall be implemented in the civil register is being charged under the age switch.
Fourthly. No non committees examination may switch or correct Iraqi life any male who has completed eighteen years of age under this law does not matter to switch resolutions or correction issued by the courts or competent in this regard bodies on which he courts or competent bodies may switch or correct Iraqi Omar after the fifth and completed forty years of age if not previously examined by a committee of examination.
Fifthly. Defines an invitation to taxpayers and set a date for the examination on them and end the functions and powers of the committees that play and meeting places and all that has to do with a private system.
Chapter III
The exception, exemption and deferral of military service
Article 6
Exempted from military service:
First. Continuing in the service as an officer of the members of the army or the Ministry of Interior or other security devices
And they counted them for their service in the party of the duration of their compulsory service.
Secondly. Students of colleges and institutes, private schools, the army or the Ministry of Interior or other security devices
Continuing the study until graduation requirement if they did not complete their studies they calculated how long they spent in the study of the period of compulsory service.
Thirdly. Colleges and high schools students who are studying at the expense of the Ministry of Defense or the expense of the Ministry of Interior or other security devices as long as they persist in this study.
Fourthly. The order was issued from the business except the Commander in Chief of the Armed Forces in the public interest and for the period specified by him.
Article 7
First. Exempted from military service final: -
a. From the fitness, health and safety requirements in accordance with the commandments issued by the Ministry of Defence, which is not available
The decision of the medical committee.
B. Deferred for health reasons, for three successive years due to the continuation of the same order because of the disease, which if proven by a decision of a medical committee that his illness is incurable.
C. The volunteer, who knocked out of the army because of disability, illness or injured in any of them during the service.
Secondly. Exempt from mandatory service: -
a. The volunteer who spent actual service in the army or the Ministry of Interior or other security agencies period equal to the duration assigned to mandatory service.
B. Colleges and high schools for students who have completed their studies at the high expense of the Ministry of Defense or the Ministry of Interior or other security devices when giving them the rank of officer.
C. Winning student a degree higher in their respective fields (MS) or (PhD) or equivalent.
Article 8
Deferred from military service in peacetime: -
First. Invited guests or those assigned to a medical examination to prove they have the illness or disability prevents them temporarily prevented from performing the service according to the commandments of fitness, health and safety issued by the Secretary of Defense.
Secondly. The youngest son in charge of the invitees or if one parent is a bin or more mandatory service actually lead and did not have some of them completed the mandatory service or excluded or to or exempt from them.
Thirdly. Arrested and sentenced to death anti-freedom.
Fourthly. Schools, colleges and high schools students or its equivalent referred to in Article (3) of the Act continued to study there.
Fifthly. Mnzboa Interior Ministry and other security agencies as long as they persist in service.
the fourth chapter
Dependency
Article 9
First. Driven to military service and gives the salary of each of the annealed soldier was expensive supports an one of his relatives if it is not near so breadwinner last of his relatives, as follows:
a. Little Son, who has not attained the age of majority or the sick or the little girl or early or unmarried or widowed or deferred his son under this law if he has no financial resource.
B. The mother or the father or the grandfather placed hors de right to subsist.
C. Brother or sister Adzan on the collection of their living or deferred his brother under this law if he has no financial resource.
Dr.. the wife .
E. Girl Brother and Sister girl early and divorced and the son of the brother and nephew Amuallolon or infirm we want or who are under eighteen years of age.
And. Children of the deceased brother or imprisoned who are under eighteen years of age and nieces Allbeckrat or Thebes.
Secondly. Required in the Breadwinner: -
a. He has completed nine years old.
B. The other not be costly supports an accordance with the provisions of this law.
C. Required in dependent only have a salary or a financial resource make a living from it.
Thirdly. It does not prevent the costly market to serve the absence of the management of his money or his possessions.
Article 10
To implement the provisions of Article (9) of the Act requires that a marriage contract or divorce argument registered in family court or official authority are not acceptable for the purpose of this law, marriage contracts or arguments divorce after starting screening born in charge.
Part II
Reserve Service
Chapter One
Taxpayers sources Reserve Service
Article 11
First. The preparation of reserve officers:
a. Officers retired and resigned from the army and the Interior Ministry and other security agencies.
B. College graduates reserve officers who have been granted the rank of (reserve officer).
C. Deputies reserve officers grantees rank (reserve officer).
Secondly. MPs are preparing officers and non-commissioned officers of reservists:
a. Volunteers resigned or retired or demobilized from the army or the Ministry of Interior or other security devices except demobilized for health reasons.
B. Deputies officers and non-commissioned officers of recruits who have completed military service.
C. Who Sergon to the rank of deputy officer or non-commissioned officer and a reserve in accordance with the provisions of this law.
Thirdly. The preparation of reserve soldiers from recruits who have completed military service and did not demobilize them.
Article 12
Reservists serve a term expiring at the completion covered by the provisions of Article 11 of this Law, the age of (45) forty-five years of age, and the Council of Ministers in the cases of war and emergency call from finished reserve duty did not exceed
Age (50) fifty years of age.
Article 13
First. It requires reservists to serve in the army in one of the following conditions:
a. Training for a period of up to 6 weeks.
B. To attend qualifying courses in the various military schools for the period prescribed for each.
C. To fill the shortage of the labor force for a period not exceeding one year.
Dr.. When the clarion call for the public or the private experience of the measures taken in a particular area or across the country.
E. In the case of war or emergency.
Secondly. The Commander in Chief of the Armed Forces based on the proposal of the Minister of Defense to extend the duration of the enrollment of reservists and separation according to the requirements of public interest.
Thirdly. Reservists summoned by decision of the General Commander of the Armed Forces based on the proposal of the Minister of Defense.
Chapter II
The exception, exemption and deferral of reserve service
Article 14
Excluded from reserve duty: -
First. Covered under the provisions of Article (6) of the Act.
Secondly. Of the Commander in Chief of the Armed Forces agrees excluded from state employees or employees of companies or institutions, at the request of the minister concerned and the public interest.
Thirdly. Volunteers from the employees of the Ministry of Defense and the Interior Ministry and other security agencies as long as they persist in service.
Article 15
Exempted or postpone the call for reserve duty of the conditions contained in articles available (7) and ([You must be registered and logged in to see this image.] of the Act and the Minister with the consent of the Commander in Chief of the Armed Forces not to postpone the junior high schools, colleges and high schools students or equivalent if the call in the cases of war or emergency .
Article 16
Any employee or agent of the invitees are not allowed to reserve service to stay in his job after the issuance of a summons except of excluded or order or exempted in accordance with the provisions of this law, and the heads of departments and government departments and public and private institutions and other bodies and employers implement it with inform the military side is Asking her.
Chapter III
Enrollment and demobilization
Article 17
Determine the call and reserve their market and things associated with their service and the decision of the Secretary of Defense.
Article 20
Article 18
Wander in charge of compulsory service or reserve service by decision of the Secretary of Defense or his nominee in one of the following cases:
First. At the end of a period of training or at the end of a period of enrollment courses out if their enrollment has been under
Items (a, b) of paragraph (i) of Article 13 of this Law.
Secondly. A decision of the General Commander of the Armed Forces.
Thirdly. When illness or disability prevents them from further service based on the Military Medical Commission's decision.
Fourthly. When you have completed the mandatory service charge.
Article 19
Taxpayers reserve Flags circles recruit competent for residence and work shops at the end of each period of call or at every change that occurs in the course of thirty days from the date of the change.
Article 20
First. State departments employees enrolled in the reserve service will continue to receive their salaries from the ones they were paid.
Secondly. Acted entrants reserve service is mentioned in paragraph (i) of this Article salaries prescribed peers from the same ranks of volunteers.
Part III
Chapter One
Employment, travel and of association
Article 21
First. The departments, interests and institutions, laboratories and public and private companies and mixed by no less than the number of employees or workers for 10 people to keep the recruit or called for reserve service his job or his job or function or equal to the work of his salary and wages for the duration of his stay in the service and may designate temporarily instead of him to the ends of the performance of the service.
Secondly. The employee returned to his job or his work kept him doing if requested within thirty (30) days from the date of discharge and must return for the job or work within (15) days from the date of application, either if it becomes unfit for service because of the inability of injury during military service, but he can do a job or the work of another Vied him taking into account his health and in the center, which fit its original function in terms of level, foot and salary.
If you did not provide the employee or worker in his application deadline mentioned or did not receive his work within ten days from the date of the issuance of an order to return to work may return rejected the request, unless the delay for a legitimate excuse.
Article 22
The employee retains while in military service and reservists well-deserved promotions and bonuses like have associated ongoing functional service and add this service for the duration of the functional service or work, and is calculated for the purposes of patching and the bonus and retirement This is the term for the purpose of installation if a certain probation. Either in the war or the actual movements are regarded as his double for the purposes of retirement.
Article 23
First. Preferably in the appointment in circles, interests and institutions, laboratories and public companies or private or hybrid of the most complete mandatory service to his fellow candidates for appointment with him.
Secondly. It retains recruits who have never employed seniority on appointment in government departments and institutions after the completion of compulsory service.
Article 24
First. Not be appointed or run any Iraqi after completing the age of nine years old in government departments or institutions
Or plants or the public, private and mixed companies only if they have completed mandatory service or excluding
Or deferred or exempt from them.
Secondly. Shall not keep any employee or fuller factor IX-year-old in his job unless he has completed military service or been excluded or deferred or exempt them nor shall keep any employee appointed to his job building to postpone his military service unless proved during the month of December the second of each year, and that the postponement of the service continues.
Article 25
First. It does not allow for an Iraqi who has completed nine years of age and did not complete the forty-fifth to leave Iraq unless it has completed the mandatory service or excluding or deferred or exempt them had not the failure of it.
Secondly. It does not allow for taxpayers who did not perform military service to travel outside Iraq for the purpose of the study only if they meet the following conditions: -
a. The Ministry of Higher Education and Scientific Research and the Ministry of Education institutes or colleges or schools that would study the confession.
B. To be schooled in those colleges or institutes or schools, the level of their studies at colleges or institutes or schools where they were inside Iraq or above.
Article 26
First. Provides wishing to travel Personal ensure is determined amount by the public recruitment Directorate may be assigned to perform the bail amount in cash to the military treasury or provide a bank guarantee instead of a personal guarantee in order to secure his presence during a certain period, and in the case of breach of this without a legitimate excuse record amount Secretariat income to calculate the Treasury Ministry of Defense .
Secondly. Do not you hear the proceedings in the competent courts for matters set forth in paragraph (i) of this Article.
Article 27
First. It may not be the affiliation of any Iraqi after completing nine years of age to one of the trade unions or associations or survival which will also not be allowed to participate in any general election unless he has completed military service or reserve duty or was excluded or deferred or exempt them or continuing it.
Secondly. Shall not keep any expensive postponed his military service in the trade unions or associations unless it is proved during the month of January of each year for a deferred under Article ([You must be registered and logged in to see this image.] of the Act and during the month of April for deferred for other reasons that the postponement of the service is still going on or that he was continuing actually in service.
Chapter II
Colleges, institutes and high school students
Article 28
First. We shall not accept any student in one of the schools, colleges or high schools or equivalent or continue to study there or affiliation to it after completing the age of eighteen years of age unless in possession of a military service book.
Secondly. Shall not accept any student in one of the schools, colleges or high schools or equivalent after the completion age contained in Article (3) of this Act unless he has completed military service or been excluded or deferred or exempt from them.
Article 29
First. Shall not postpone the service graduated from a college or high schools or equivalent for the purpose of continuing to study for a degree higher than the certificate obtained unless he has completed military service or been excluded or deferred or exempt from them.
Secondly. Excluded from the provisions of paragraph (i) of this Article of joining one of the Iraqi universities for the purpose mentioned therein, provided that may not be exceeded thirty years of age and may postpone the service for a period not exceeding four years.
Article 30
A student may not after receiving a graduation from school or college certificate or institute where he is continuing to seek a delay in accordance with Article (3) of the Act in order to obtain another certificate in the certificate obtained by the level.
Article 31
First. No student may switch the type of study and the transition from the row above the lowest row with the exception of:
a. The transition to a single row below described on the previous year accounted for years of failure.
B. Transferred from his study of foreign schools and colleges and high schools to high schools, colleges and institutes inside Iraq and there is no branch is similar to the branch, who was studying it.
Secondly. If the student rather than the type of study and go to the last row Rsoppe years in this class added to the years Rsoppe previously described for the application of the provisions of this law.
Chapter III
The study of hospitalization or out of Iraq
Article 32
First. Every taxpayer is studying in a college or colleges or schools outside Iraq to submit during the month of September of each year to the diplomatic corps or the Iraqi consulate in the foreign country who is studying it, or anyone who does substitute school document supports the continuation of the study at a school or institute or college recognized by the ministries of Education and Higher Education and scientific research, accompanied by a statement signed by him include the full name and the name and generated its recruitment department or the number of civil registry newspaper.
Secondly. Send the bodies referred to in the preceding paragraph, the document and the statement within ten days from the date of receipt to the General Directorate of conscription after ratification by it to mark the postponement of its owner in the competent service records.
Article 33
The diplomatic corps or the Iraqi consulate or its substitute tell the public recruitment Directorate all expensive finished his studies or reached the age old defined under Article (3) of the Act and not to allow him to stay out of Iraq and not to renew or extend his passport unless there are legal grounds Others require the postponement of his military service in accordance with this law.
Article 34
The Ministry of Higher Education and Scientific Research and the Ministry of Education to submit to the Department of Defense during the month of September of each year lists in charge of the names who have completed junior secondary school or high outside Iraq, whether it be at government expense or at their own expense, indicating the type of study and the level of their testimony and full names and Toldathm names recruiting circles affiliate sheets or registered civil registry numbers with the place of registration.
Article 35
First. Patients invited and assigned outside Iraq be brought upon the invitation of mandatory service or at the end of the exclusion or they postpone the date that they had been excluded or postponed, including the diplomatic corps or the Iraqi consulate in the foreign country who are in or who its substitute medical reports from the medical committee endorses illness with a statement signed by them include the full names and Toldathm and the name of the recruitment department affiliates or the number of their newspaper in the civil registry registered with the place of registration.
Secondly. Send the bodies referred to in paragraph (i) the medical reports and data within ten days from the date of receipt to the General Directorate of conscription after ratification by it to mark the postponement of the owners in the relevant records service.
Thirdly. The plaintiffs are being examined and assigned to deferred their compulsory service under this Article by the local medical committees after their return to Iraq to determine their fitness to perform this service.
the fourth chapter
Sanctions
Article 36
From fails to appear for an examination by the examination committee in accordance with regulations and instructions issued in this regard, without a legitimate excuse during the period specified for this examination shall be punished by a fine of not less than (250.000) two hundred and fifty thousand dinars and not more than (1,000,000) million dinars.
Article 37
First. Of failure without lawful excuse to attend the market for the service within seven days whether inside Iraq and fifteen days if outside from start market meal or paid by the date or the date of the demise of the reason for postponing or Excludes punishable by imprisonment for one month for each month the failure of it, and the longer parts month as a month on the term of imprisonment not exceeding one year.
Secondly. Punishment may be postponed until after the expiry of his military service.
Thirdly. Exempt from punishment set forth in paragraph (i) of this Article: -
a. Complete the mandatory length of service without having committed any of the crimes of absence or escape stipulated in the military penal code after the implementation of this law.
B. Enrolled in the Army and completed a period equivalent to the period prescribed by the mandatory service without having committed any of the crimes mentioned in item (a) of this paragraph after the implementation of this law.
Article 38
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