Kaitseväeteenistuse seadus

Transcription

1 Kaitseväeteenistuse seadus Defence Forces Service Act Passed 14 March 2000 (RT 1 I 2000, 28, 167; consolidated text RT I 2003, 31, 195), entered into force 16 April 2000, amended by the following Acts: entered into force RT I 2006, 63, entered into force RT I 2006, 53, entered into force RT I 2006, 26, entered into force RT I 2006, 19, entered into force RT I 2005, 65, entered into force RT I 2005, 53, entered into force RT I 2005, 33, 243; entered into force RT I 2004, 88, 599; entered into force RT I 2004, 49, 342; entered into force RT I 2004, 2, 7. Chapter 1 General Provisions Division 1 Duty to Serve in Defence Forces 1. Scope of application of Act (1) This Act provides the definition, subjects and organisation of service in the Estonian Defence Forces, and the legal status of persons who are in service in the Defence Forces or in alternative service.

2 (2) This Act and legislation issued on the basis thereof regulates service in the Defence Forces and alternative service and provides the subjects of Defence Forces service and the legal status thereof. (3) The provisions of the Administrative Procedure Act (RT I 2001, 58, 354; 2002, 53, 336; 61, 375; 2003, 20, 117; 78, 527) apply to administrative proceedings prescribed in this Act, taking account of the specifications provided for in this Act. ( entered into force RT I 2002, 61, 375) 2. Service in Defence Forces (1) Service in the Defence Forces is a specific type of public service which is provided for in this Act. Service in the Defence Forces, in the National Defence League and in positions of military rank in other militarily organised agencies or units formed pursuant to law is deemed to be service in the Defence Forces. (2) The types of service in the Defence Forces are: 1) active service; 2) reserve service. (3) The types of active service are: 1) compulsory military service; 2) contractual service; 3) participation in training exercises. 3. Duty to serve in Defence Forces (1) Every male Estonian citizen is required to serve in the Defence Forces to perform his duty to serve in the Defence Forces. (2) During the period within which a citizen is required to perform his duty to serve in the Defence Forces, he is a person liable to service in the Defence Forces. Every male Estonian citizen between 16 and 60 years of age is liable to service in the Defence Forces unless he has been deleted from the register of persons liable to service in the Defence Forces on the bases and pursuant to the procedure provided for in this Act. (3) The groups of persons liable to service in the Defence Forces are: persons eligible to be

3 drafted, conscripts and reservists. (4) Performance of the duty to serve in the Defence Forces is divided into performance of the conscript service obligation and performance of the reserve service obligation. (5) In the event of mobilisation, a common duty to serve in the Defence Forces applies to all persons liable to service in the Defence Forces. (6) Refusal to serve in the Defence Forces on religious or moral grounds does not release the person concerned from performance of the duty to serve in the Defence Forces. (7) Records shall be kept, on the basis and pursuant to the procedure provided by the Databases Act, of the persons liable to service in the Defence Forces as well as the acts and decisions prescribed by this Act in the state register of Estonian citizens liable to service in the Defence Forces (hereinafter register of persons liable to service in the Defence Forces) established by the Government of the Republic for the purpose of processing the personal data needed by the organisers of the service in the Defence Forces for the performance of their duties. the state register of Estonian citizens liable to service in the Defence Forces is a part of the state central register of mobilisation. ( entered into force RT I 2005, 53, 420) (7 1 ) The state central register of mobilisation is a state register established by the Government of the Republic on the bases and pursuant to the procedure provided for in the Databases Act (RT I 1997, 28, 423; 1998, 36/37, 552; 1999, 10, 155; 2000, 50, 317; 57, 373; 92, 597; 2001, 7, 17; 17, 77; 2002, 61, 375; 63, 387; 2003, 18, 107; 26, 158) in which records of persons liable to service in the Defence Forces, membership of war-time units and tangible resources necessary for the conduct of mobilisation shall be kept. ( entered into force RT I 2003, 13, 69) (8) An identification code shall be assigned to each person liable to service in the Defence Forces, on the bases and pursuant to the procedure established by the Government of the Republic. ( entered into force RT I 2005, 33, 243) (9) The head of the Defence Resources Agency shall notify a police authority of a person who avoids service in the Defence Forces by an application for determination of the whereabouts of the missing person. ( entered into force RT I 2005, 33, 243) (10) The Defence Resources Agency has the right to issue a precept to a person liable to service

4 in the Defence Forces if the person: 1) fails to report to the Defence Resources Agency when called as specified in this Act; 2) fails to submit the certificates to the Defence Resources Agency which, pursuant to this Act, are subject to submission; 3) fails to undergo a medical examination pursuant to this Act, or additional medical examination or tests prescribed by the chairman of the medical committee; 4) fails to undergo the tests necessary to assess physical and psychological suitability pursuant to this Act. ( entered into force RT I 2006, 63, 468) (11) Upon failure to comply with a precept specified in subsection (10) of this section, the Defence Resources Agency may impose penalty payment pursuant to the procedure provided for in the Substitutive Enforcement and Penalty Payment Act. The upper limit for a penalty payment is kroons. ( entered into force RT I 2006, 63, 468) 4. Alternative service (1) A person eligible to be drafted who refuses to serve in the Defence Forces for religious or moral reasons is required to perform alternative service pursuant to the procedure prescribed by law. (2) Alternative service shall be conducted pursuant to the procedure provided for in this Act and legislation issued on the basis thereof. 5. Legal basis for active service relationship (1) Active service relationships between members of the Defence Forces and the Republic of Estonia are provided: 1) by this Act in respect of conscripts and reservists; 2) by this Act and active service contracts entered into on the basis thereof in respect of regular members of the Defence Forces. (2) Active service relationships in the event of mobilisation are provided by this Act with the specifications provided for in the War-Time National Defence Act (RT I 1994, 69, 1194; 1999, 16, 271; 2002, 53, 336; 57, 354; 2003, 13, 69) and the State of Emergency Act (RT I 1996, 8, 165;

5 2002, 57, 354; 62, 376; 63, 387). (3) An active service relationship shall commence on the date set out in the directive for acceptance for active service and shall terminate on the date set out in the directive for release from active service. Division 2 Subjects of Defence Forces Service 6. Subjects of Defence Forces service Persons eligible to be drafted, members of the Defence Forces, reservists and retired members of the Defence Forces are the subjects of Defence Forces service. 7. Persons eligible to be drafted A person eligible to be drafted is a person who is liable to service in the Defence Forces and who attains 16 years of age during a given year, until call-up for compulsory military service or release from call-up for compulsory military service. 8. Members of Defence Forces (1) Members of the Defence Forces in active service shall be Estonian citizens. (2) Members of the Defence Forces are divided according to the type of active service into: 1) conscripts; 2) regular members of the Defence Forces; 3) reservists participating in training exercises. (3) Upon entry into active service for the first time, every member of the Defence Forces shall swear the following oath of a member of the Defence Forces of Estonia: Mina, (ees- ja perekonnanimi), tõotan jääda ustavaks demokraatlikule Eesti Vabariigile ja tema põhiseaduslikule korrale, kaitsta Eesti Vabariiki vaenlase vastu kogu oma mõistuse ja jõuga, olla valmis ohverdama oma elu isamaa eest, pidada kinni kaitseväe distsipliinist ning täpselt ja vastuvaidlematult täita kõiki oma kohustusi, pidades meeles, et vastasel korral seadus mind rangelt karistab. [I, (given name and surname), swear to remain faithful to the democratic Republic of

6 Estonia and its constitutional order, to defend the Republic of Estonia against enemies with all my reason and strength, to be ready to sacrifice my life for the fatherland, to observe the discipline of the Defence Forces, and to perform all my duties precisely and unquestioningly, bearing in mind that otherwise I will be strictly punished by law.] 9. Conscripts (1) A conscript is a person liable to service in the Defence Forces who is called up to perform the conscript service obligation pursuant to this Act. (2) According to military rank, conscripts are divided into soldiers and junior noncommissioned officers. 10. Regular members of Defence Forces (1) A regular member of the Defence Forces is an Estonian citizen who voluntarily enters into contractual active service and who has received the education required of a soldier, noncommissioned officer or officer, as well as military training and a military rank. (2) According to military rank, regular members of the Defence Forces are divided into soldiers, non-commissioned officers and officers. 11. Defence Forces students (1) Regular members of the Defence Forces, conscripts and reservists who study at an educational institution or in a unit of the Defence Forces are Defence Forces students. (2) Defence Forces students are divided into: 1) course participants non-commissioned officers or non-commissioned officer candidates who attend non-commissioned officer courses at an educational institution of the Defence Forces. Non-commissioned officer candidates who are conscripts may also study in a unit of the Defence Forces. 2) reserve officer cadets reserve officer candidates who are conscripts and attend reserve officer courses in a unit of the Defence Forces; 3) cadets regular officer candidates who, while in contractual service, attend basic courses at an educational institution of the Defence Forces;

7 4) officer cadets regular officers who attend intermediate level courses at an educational institution of the Defence Forces or study at a college. (3) Within an educational institution or military unit, a Defence Forces student shall be called an officer cadet, cadet, reserve officer cadet or course participant as appropriate, regardless of military rank. 12. Reservists (1) Reservists are persons liable to service in the Defence Forces who, on the basis of their state of health and age, have been declared fit to serve in the Defence Forces and have been assigned to the reserve of the Defence Forces. (2) According to military rank, reservists are divided into soldiers, non-commissioned officers and officers. 13. Retired members of Defence Forces Retired members of the Defence Forces are regular members of the Defence Forces who, due to their state of health or age or on other legal bases, have been released from their duty to serve in the Defence Forces and have retired. Division 3 Bases for Organisation of Service 14. Place of service (1) Members of the Defence Forces shall serve in the Defence Forces, the National Defence League or the militarily organised agencies and units which are in the area of government of the Ministry of Internal Affairs. (2) Regular members of the Defence Forces may serve in a structural unit of an international defence organisation, an international military educational institution or unit, or a military educational institution of a foreign state. (3) Regular members of the Defence Forces may also serve in positions of no military rank outside the structural units provided for in subsections (1) and (2) of this section.

8 15. Position (1) Members of the Defence Forces shall be appointed to positions of military rank. (2) Positions of military rank shall be classified: 1) according to the type of service during peace-time as positions filled by regular members of the Defence Forces and conscripts or reservists; 2) according to military rank as positions of soldiers, non-commissioned officers and officers; 3) according to the seniority of the position as lower positions, positions of equal seniority, and higher positions; 4) according to the nature of the functions performed as positions of commanding officer and specialised positions. (3) (Repealed entered into force RT I 2003, 13, 69) (4) A member of the Defence Forces who serves in the position of a commanding officer shall have undergone military training which corresponds to the requirements for the position and shall have completed military secondary education or military higher education. (5) A member of the Defence Forces who serves in a specialised position shall have undergone military training which corresponds to the requirements for the position and shall have completed secondary vocational education or higher education in an appropriate field. (6) The position of a commanding officer is a position as a leader of a unit. (7) In a place of service provided for in subsection 14 (3) of this Act, a member of the Defence Forces may also be appointed to a position of a public servant Appointment of persons to war-time positions (1) A war-time position is a position in the composition of war-time units of the Defence Forces. The positions in war-time units in the composition of the Defence Forces shall be filled by reservists or regular members of the Defence Forces in active service. Conscripts who have received appropriate training may also be appointed to war-time positions. (2) If a reservist is appointed to a war-time position beforehand, the appointment enters into force when he or she commences active service (upon training exercises or mobilisation).

9 (3) If a regular member of the Defence Forces who is in active service is appointed to a wartime position beforehand, the appointment enters into force pursuant to the procedure established by the Commander (Commander-in-Chief) of the Defence Forces, the entry into force of such appointment shall release the regular member of the Defence Forces from the current position. (4) A reservist and a regular member of the Defence Forces shall be informed of appointment to and release from a war-time position. A notice shall be delivered to the reservist and regular member of the Defence Forces by post. (5) Persons shall be appointed to and released from war-time positions and appointed to positions during a state of war pursuant to the procedure established by the Commander (Commander-in-Chief) of the Defence Forces. The Commander (Commander-in-Chief) of the Defence Forces shall approve the commanders who appoint persons to war-time positions. ( entered into force RT I 2003, 13, 69) Appointment to preparatory service for specialised positions (1) During preparatory service for specialised position, a candidate for a specialised position shall be prepared for acceptance into contractual service. (2) Persons conforming to the requirements provided in subsection 14 (1) of the Public Service Act (RT I 1995, 16, 228; 1997, 7, 112; 10, 155; 16, 271 and 276; 2000, 25, 144 and 145; 28, 167; 102, 672; 2001, 7, 17 and 18; 17, 78; 42, 233; 47, 260; 2002, 21, 117; 62, 377; 110, 656; 2003, 4, 22; 13, 67 and 69; 20, 116; 51, 349; 58, 387; 90, 601; 2004, 22, 148; 29, 194) and clause 79 (1) 4) of this Act who have completed secondary vocational education or higher education may be appointed to preparatory service for specialised positions as non-staff public servants. (3) The duration of preparatory service for specialised positions shall be up to six months and it shall consist of military and practical training. Preparatory service for specialised positions shall be organised pursuant to the procedure established by the Commander of the Defence Forces. (4) Preparatory service for specialised positions shall be carried out in the places of service specified in subsection 14 (1) of this Act where a person participates in practical training and at an educational institution of the Defence Forces where the person undergoes military training. (5) The provisions of the Public Service Act extend to preparatory service for specialised positions, except for the time a person undergoes military training at an educational institution of the Defence Forces during which the person has equal status to a course participant. (6) At the expiry of the term of preparatory service for specialised positions, the service

10 relationship as a public servant of a candidate for a specialised position shall be terminated. ( entered into force RT I 2004, 88, 599) 16. Approval of requirements for level of education, qualifications and military training of members of Defence Forces The requirements for the level of education and qualifications of members of the Defence Forces shall be approved by the Minister of Defence and the requirements for the military training of members of the Defence Forces shall be approved by the Commander (Commander-in-Chief) of the Defence Forces. 17. Calculation of term of service and length of service (1) The term of service shall be calculated in months and years. (2) The length of service shall be calculated in full years. If the length of service is at least six months, it shall be rounded to a full year. 18. Commanders organising service (1) The service of members of the Defence Forces in the Defence Forces and in the National Defence League shall be organised and liability therefor shall be held on the principle of sole directorship under the conditions and pursuant to the procedure provided for in the Constitution and law by the commanding officer of the corresponding military unit and commanders superior to him or her within the limits of their competence. (2) The service of members of the Defence Forces outside the Defence Forces or the National Defence League shall be organised by the head of the corresponding militarily organised agency or unit, who pursuant to law is equal to the commanding officer of a military unit or a commander superior to him or her. (3) The service of members of the Defence Forces in a government agency or in a state agency or educational institution administered by a government agency shall be organised by the Minister, director general or by the head of the administered state agency or educational institution pursuant to this Act and regarding the part not regulated by this Act pursuant to the Public Service Act (RT I

11 1995, 16, 228; 1999, 7, 112; 10, 155; 16, 271 and 276; 2000, 25, 144 and 145; 28, 167; 102, 672; 2001; 7, 17 and 18; 17, 78; 42, 233; 47, 260; 2002, 21, 117; 62, 377; 110, 656; 2003, 4, 22; 13, 67; 69; 20, 116; 51, 349; 58, 387; 90, 601). ( entered into force RT I 2005, 33, 243) (4) The commanding officer of a military unit is the commander of a unit which is operationally and administratively independent. (5) Within the limits of his or her competence, a senior commander may amend or annul a proposal, application, directive or order regulating the service of a member of the Defence Forces. (6) The Commander (Commander-in-Chief) of the Defence Forces has the right to deem the disciplinary authority of the commander of a subordinate unit equal to the disciplinary authority of the commanding officer of a military unit. 19. Codes of conduct of Defence Forces (1) The codes of conduct of the Defence Forces apply to all members of the Defence Forces, regardless of the type of active service or place of service, unless otherwise provided by law or an international agreement entered into by the Republic of Estonia. (2) The codes of conduct of the Defence Forces shall be approved by the Government of the Republic. 20. Service regulations (1) Proposals, applications and directives regulating service provided for in this Act shall be in the form of written documents. Service regulations shall be in compliance with the requirements for administrative documents. (2) (Repealed entered into force RT I 2002, 110, 656) Chapter 2 Positions of Military Rank 21. Creation of positions of military rank (1) The Government of the Republic shall determine the number of regular members of the

12 Defence Forces during peace-time. (2) (Repealed entered into force RT I 2005, 33, 243) (3) On the basis of the structure of the Defence Forces and the National Defence League as approved by the Government of the Republic and on the basis of military national defence needs, the Minister of Defence shall approve the contractual regular membership of a military unit or agency equal thereto (hereinafter military unit) on the proposal of the Commander of the Defence Forces. (4) The structure of a military unit, the number of positions of military rank, the names thereof, and the ranks and specialities corresponding to the positions shall be approved by the Commander (Commander-in-Chief) of the Defence Forces in the form of a table of the membership of the military unit. (5) The correspondence of such positions to principal positions, the names of which do not correspond to the names of principal positions established in of this Act, shall be determined on the basis of ranks prescribed for principal positions in the form of a table of the membership of a military unit. 22. Principal positions of officers (1) Positions of officers are positions of military rank which require military higher education, or higher education and military training. ( entered into force RT I 2004, 88, 599) (2) The principal positions of officers are: 1) position requiring the rank of General the position of Commander-in-Chief of the Defence Forces; 2) position requiring the rank of Lieutenant General the position of Commander of the Defence Forces; 3) position requiring the rank of Major General the position of Commander of the General Staff of the Defence Forces and the position of commander of the army; 4) position requiring the rank of Brigadier General the position of commander of the air force and the position of commander of the navy;

13 5) position requiring the rank of Colonel the position of peace-time commander of a defence district; 6) position requiring the rank of Lieutenant Colonel the position of battalion commander; 7) position requiring the rank of Major the position of staff officer; 8) position requiring the rank of Captain the position of company commander; 9) position requiring the rank of Lieutenant the position of platoon commander. 23. Principal positions of senior non-commissioned officers (1) Positions of senior non-commissioned officers are positions of military rank which require military or secondary vocational education and military training. ( entered into force RT I 2006, 63, 468) (2) The principal positions of senior non-commissioned officers are: 1) position requiring the rank of Chief Warrant Officer the position of warrant officer of a service; 2) position requiring the rank of Staff Warrant Officer the position of staff noncommissioned officer; 3) position requiring the rank of Senior Warrant Officer the position of company warrant officer; ( entered into force RT I 2005, 53, 420) 4) position requiring the rank of Warrant Officer the position of platoon sergeant; 5) position requiring the rank of Junior Warrant Officer the position of squad leader. 24. Principal positions of junior non-commissioned officers (1) Positions of junior non-commissioned officers are positions of military rank. ( entered into force RT I 2006, 63, 468) (2) The principal positions of junior non-commissioned officers are: 1) position requiring the rank of Senior Sergeant or Senior Mate the position of platoon sergeant; 2) position requiring the rank of Sergeant or Mate the position of squad leader.

14 25. Positions of soldiers (1) The position of senior soldier is a position of a commanding officer or a specialised position, requiring the rank of Corporal. (2) The position of soldier is a position of a commanding officer requiring the rank of Private. 26. Position of deputy commander requiring military rank The position of deputy commander requiring military rank is lower than the position of commander by one rank. ( entered into force RT I 2006, 63, 468) Positions of military rank in international military operations During participation in an international military operation within the meaning of the International Military Co-operation Act, a regular member of the Defence Forces may be promoted, as an exception, by one rank from his or her principal position established in of this Act. ( entered into force RT I 2006, 63, 468) Chapter 3 Military Ranks 27. Military rank (1) An Estonian military rank (hereinafter rank) is a title granted in the name of the Republic of Estonia to a member of the Defence Forces or a reservist on the basis of his or her military training and education, position of military rank, length of active service, and the service in which he or she is serving. (2) The main types of military ranks are the military ranks of soldiers, non-commissioned officers and officers. (3) (Repealed entered into force RT I 2002, 110, 656)

15 28. Ranks of soldiers The ranks of soldiers in ascending order are: 1) in the army and the air force Private and Corporal; 2) in the navy Seaman and Senior Seaman. 29. Ranks of non-commissioned officers (1) The ranks of non-commissioned officers are divided into ranks of junior non-commissioned officers and ranks of senior non-commissioned officers. (2) The ranks of non-commissioned officers in ascending order are: 1) in the army and the air force Junior Sergeant, Sergeant, Senior Sergeant; 2) in the navy Junior Mate, Mate, Senior Mate. (3) The ranks of senior non-commissioned officers in ascending order in all the services are Junior Warrant Officer, Warrant Officer, Senior Warrant Officer, Staff Warrant Officer, Chief Warrant Officer. 30. Ranks of officers (1) The ranks of officers are divided into ranks of junior, senior and superior officers. (2) The ranks of junior officers in ascending order are: 1) in the army and the air force Ensign, Second Lieutenant, Lieutenant, Captain; 2) in the navy Ensign, Sublieutenant, Lieutenant, First Lieutenant; (3) The ranks of senior officers in ascending order are: 1) in the army and the air force Major, Lieutenant Colonel, Colonel; 2) in the navy Lieutenant Commander, Commander, Navy Captain. (4) The ranks of superior officers in ascending order are: 1) in the army and the air force Brigadier General, Major General, Lieutenant General, General; 2) in the navy Commodore, Rear Admiral, Vice Admiral, Admiral.

16 Chapter 4 Grant of Rank, Change of Rank 31. Grant of rank (1) The grant of a rank is the grant of a first rank of soldier, non-commissioned officer or officer to a member of the Defence Forces or a reservist under the conditions and pursuant to the procedure provided for in this Act. (2) A rank shall be granted to a member of the Defence Forces or a reservist for an unspecified term. A member of the Defence Forces or a reservist may be promoted or demoted in rank under the conditions and pursuant to the procedure provided for in this Act and the Disciplinary Measures in Defence Forces Act (RT I 1997, 95/96, 1575; 1999, 31, 425). (3) A member of the Defence Forces or a reservist shall be notified of the grant of a rank or a promotion in rank solemnly with the participation of the person who grants the rank or who promotes the member of the Defence Forces or the reservist in rank, or a person authorised by him or her. (4) Following the call-up of a person liable to service in the Defence Forces for active service or reserve training or entry of the person into active service as a volunteer, the rank of Private or Seaman shall be granted to the person as a first rank of a soldier together with entry of the person in the list of the military unit or agency. (5) The next rank shall be granted after the corresponding military training is undergone and corresponding education is completed, depending on the service, as follows: 1) to a soldier Corporal or Senior Seaman; 2) to a junior non-commissioned officer Junior Sergeant or Junior Mate; 3) to a senior non-commissioned officer Junior Warrant Officer; 4) to a reserve officer Ensign; ( entered into force RT I 2004, 88, 599) 5) to a regular officer Second Lieutenant. (5 1 ) A reserve officer with the rank of an Ensign may be granted the rank of non-commissioned officer corresponding to his or her qualifications.

17 ( entered into force RT I 2006, 63, 468) (6) At the request of a person liable to service in the Defence Forces to whom the rank of noncommissioned officer or officer of a foreign state has been granted and according to the level of his or her military training and education, he or she may be granted the Estonian rank of noncommissioned officer or officer. In order to apply for the grant of a rank, assessment of the compliance of the level of military training and education of the applicant with the requirements for Estonian non-commissioned officers and officers shall be made by the commanding officer of the military unit or by the evaluation committee of the Defence Forces. (7) If a person liable to service in the Defence Forces who has the rank of non-commissioned officer or officer of a foreign state waives his or her application for the rank of Estonian noncommissioned officer or officer or if his or her military training or education is not in compliance with the requirements for Estonian non-commissioned officers or officers, he or she shall be assigned to the reserve as a soldier. 32. Persons who have right to grant rank and change rank The following may grant and change ranks: 1) commanding officers of military units - the ranks of soldiers; 2) the Commander of the Defence Forces, and in war-time commanding officers of military units - the ranks of non-commissioned officers; 3) the President of the Republic the ranks of officers. 33. Initiation of and decision on grant of rank and change of rank The procedure for the grant and change of ranks is provided for in this Act and the Disciplinary Measures in Defence Forces Act. 34. Promotion in rank of Commander (Commander-in-Chief) of Defence Forces The President of the Republic shall decide on the promotion in rank of the Commander (Commander-in-Chief) of the Defence Forces. 35. Promotion in rank

18 (1) Promotion in rank is the grant of the next rank in ascending order after the current rank to a member of the Defence Forces or a reservist, pursuant to this Act. (2) A member of the Defence Forces or a reservist may be presented (an application may be submitted or a proposal made) for promotion in rank if he or she has undergone the corresponding military training or completed the corresponding education, has been appointed to a position which corresponds to the higher rank and has served in his or her current rank for the period required in order to be promoted to the next rank (hereinafter period of service for rank). (3) A reservist may be promoted in rank after completion of the required education and after undergoing military training which corresponds to the higher rank. (4) A member of the Defence Forces or a reservist who is serving a sentence for a disciplinary or criminal offence shall not be presented for promotion in rank. The person who makes the proposal shall declare the application (proposal) invalid. 36. Period of service for rank (1) The period of service for a rank is as follows: Rank Rank of Superior Officer Colonel, Navy Captain Lieutenant Colonel, Commander Period of service for rank in years not set not set 4 Major, Lieutenant Commander 4 Captain, First Lieutenant 4 Lieutenant 3 Second Lieutenant, Sublieutenant 3 Ensign 2 3 Chief Warrant Officer not set Staff Warrant Officer 4 Senior Warrant Officer 3

19 Warrant Officer 3 Junior Warrant Officer 2 Sergeants and Soldiers not set (2) The period of service for a rank shall be calculated from the date of the directive granting the rank or promotion in rank. The period during which a regular member of the Defence Forces shall be assigned to the reserve or his or her rank is demoted pursuant to the procedure provided for in this Act or the Disciplinary Measures in Defence Forces Act shall not be included in the period of service for the rank. (3) As an exception and on the basis of a reasoned application, a member of the Defence Forces or a reservist may be presented for promotion in rank if he or she has undergone corresponding military training or completed corresponding education and has been appointed to a position which corresponds to the higher rank regardless of the period he or she has served in his or her current rank. (3 1 ) As an exception, a member of the Defence Forces or a reservist may be temporarily promoted during participation in an international military operation within the meaning of the International Military Co-operation Act, or appointment to a diplomatic post or position in an international organisation. ( entered into force RT I 2005, 53, 420) (4) The Commander (Commander-in-Chief) of the Defence Forces may be promoted in rank regardless of the period he or she has served in his or her current rank. 37. Demotion in rank (1) Demotion in rank is the grant of the next rank in descending order after the current rank to a member of the Defence Forces or a reservist, pursuant to this Act or the Disciplinary Measures in Defence Forces Act. (2) A member of the Defence Forces or a reservist may be demoted in rank in the following cases: 1) in the case of an officer to the next lower rank of officer; 2) in the case of a non-commissioned officer to the next lower rank of non-commissioned officer;

20 3) in the case of a soldier to the rank of Private or Seaman. (3) A member of the Defence Forces or a reservist may be demoted in rank: 1) for an intentionally committed criminal offence upon the entry into force of a judgment of conviction; 2) as a disciplinary penalty on the bases and pursuant to the procedure provided for in the Disciplinary Measures in Defence Forces Act. (4) One year after being demoted in rank, a member of the Defence Forces or a reservist may be promoted in rank to his or her former rank pursuant to general procedure if he or she is not serving a sentence for commission of a misdemeanour, disciplinary offence or criminal offence and if data concerning his or her punishment have been expunged from the punishment register. 38. Grant of rank and change of rank during state of war (1) During a state of war, the rank of a non-commissioned officer may be granted to a soldier if the soldier is appointed to a position of a non-commissioned officer and the rank of an officer may be granted to a non-commissioned officer if the non-commissioned officer is appointed to a position of an officer. (2) During a state of war, a member of the Defence Forces who is appointed to a position of higher military rank may be promoted in rank regardless of the requirements for the grant of rank or promotion in rank provided for in this Act. (3) During a state of war, the rank of officer or non-commissioned officer may be demoted to the rank of Private or Seaman upon the entry into force of a judgment of conviction. Chapter 5 Defence Resources Agency, Defence Forces Service Commission, Medical Committees ( entered into force RT I 2005, 33, 243) 39. Role of Defence Resources Agency in organisation of service in Defence Forces (1) In order to perform the duties provided for in this Act, the Defence Resources Agency shall operate as state agencies in the area of government of the Ministry of Defence.

21 ( entered into force RT I 2005, 33, 243) (2) The Defence Resources Agency shall organise the registration of persons liable to service in the Defence Forces and call-up of persons eligible to be drafted for compulsory military service and alternative service. ( entered into force RT I 2005, 33, 243) (3) Deciding on the following issues concerning persons eligible to be drafted falls within the competence of the Defence Resources Agency: 1) (Repealed entered into force RT I 2006, 63, 468) 2) the grant of a postponement of call to service; 3) call-up for compulsory military service, the time of call-up and the military unit; 4) the call-up for alternative service of persons eligible to be drafted who refuse to serve in the Defence Forces if they refuse to serve in the Defence Forces for religious or moral reasons; 5) release from call-up for compulsory military service and deletion from the register of persons liable to service in the Defence Forces pursuant to this Act. ( entered into force RT I 2005, 33, 243) (4) If a person eligible to be drafted disagrees with a decision of the Defence Resources Agency, he may file a challenge with the Defence Forces service commission or an action with an administrative court. ( entered into force RT I 2005, 33, 243) (5) Employees of the Defence Resources Agency shall not disclose information which becomes known to them in the course of performing their duties and which concerns the beliefs, financial and social status, state of health or private life of persons liable to service in the Defence Forces, members of the Defence Forces, reservists and retired members of the Defence Forces. ( entered into force RT I 2005, 33, 243) (6) A decision of the Defence Resources Agency made based on subsection (3) of this section shall be communicated, pursuant to the procedure provided by this Act, to a person eligible to be drafted within ten working days after the date of making the decision. ( entered into force RT I 2005, 33, 243) (7) A decision of the Defence Resources Agency concerning the call-up for compulsory military service, the time of call-up and the military unit shall be communicated to a person eligible to be

22 drafted within ten working days after the date of making the decision however not later than one year before the date of call-up to military service or alternate service unless otherwise provided by this Act. ( entered into force RT I 2005, 33, 243) (8) The term of one year specified in subsection (1) of this section does not apply to a person eligible to be drafted who: 1) has notified of the calendar year of call-up for compulsory military service in compliance with subsection 55 (1 1 ) of this Act; 2) has been granted a postponement of the call to service, and the term of such postponement has expired; 3) is subject to call-up for compulsory military service but the Defence Forces Agency has not yet made a decision to call such person up for service, and the person eligible to be drafted consents, in written form, to non-application of the one-year term specified in subsection (7) of this section with regard to him; 4) has previously failed to appear for compulsory military service. ( entered into force RT I 2006, 63, 468) (9) In the cases specified in clauses (8) 2) and 4) of this section, advance notice with the term of one month shall be given. ( entered into force RT I 2006, 63, 468) 40. (Repealed entered into force RT I 2005, 33, 243) Delivery of documents (1) A decision of the Defence Resources Agency on call-up of a person eligible to be drafted to military service or alternate service or other decisions made or summonses and notices sent by the Defence Resources Agency regarding persons liable to service in the Defence Forces (hereinafter documents) shall be delivered against a signature or delivered by post or electronic means or published in a periodic publication. The manner of delivery shall be chosen by the Defence Resources Agency. (2) Upon delivery by the Defence Resources Agency, a document shall be delivered to a person liable to service in the Defence Forces against his signature on a notice on which the time of delivery of the document, if necessary the specific time, shall also be indicated. A document is also

23 deemed to have been delivered if it is delivered against a signature to a family member of at least 18 years of age who lives together with the person liable to service in the Defence Forces. (3) In the case when a person liable to service in the Defence Forces is temporarily absent and if a document could not be delivered by the Defence Resources Agency to the person liable to service in the Defence Forces or a person specified in subsection (2) of this Act who lives together with the person liable to service in the Defence Forces, the Defence Resources Agency shall indicate the time and date when the delivery of the document failed on the notice appended to the document. In the specified case, the person liable to service in the Defence Forces may be summoned for delivery of the document. (4) A document shall be delivered to a person liable to service in the Defence Forces at his residential address entered in the population register, at the address of which he has informed the Defence Resources Agency or at the last address known to the Defence Resources Agency by post, by sending a registered letter or a registered letter with advice of delivery. A document is deemed to be delivered to person liable to service in the Defence Forces if it is delivered at the address of the person liable to service in the Defence Forces or handed over to the person liable to service in the Defence Forces against his signature in a post office. (5) At the request of a person liable to service in the Defence Forces in proceedings, a document shall be sent to an address indicated by the him. If a document is delivered electronically, the addressee has the right, if necessary to request that the document be delivered on paper at a later date. (6) If there is no information concerning the address of a person liable to service in the Defence Forces, or if the he does not reside at the address entered in the register or known to Defence Resources Agency and his actual whereabouts are unknown, and if it is not possible to deliver a document in any other manner, the resolution contained in the document may be published in the official publication Ametlikud Teadaanded 3 or in a national daily newspaper. The resolution contained in the document shall be published at least twice and with an interval of not less than two weeks. The resolution contained in the document is deemed to have been delivered on the date following the date on which it is first published. (7) A document shall be delivered to a person liable to service in the Defence Forces residing in a foreign state by registered post at the address indicated by him. If the residence or whereabouts of a person is not known, location of the addressee and delivery of the document shall be organised through a representation of the Republic of Estonia. ( entered into force RT I 2005, 33, 243)

24 41. Defence Forces service commission (1) The Defence Forces service commission (hereinafter commission) is a commission operating at the Ministry of Defence which analyses and coordinates the performance of the duty to serve in the Defence Forces and which is convened as required by the secretary general of the Ministry of Defence. The rules of procedure of the commission shall be established by a regulation of the Minister of Defence. (2) The chairman of the commission is the secretary general of the Ministry of Defence who directs the work of the commission and coordinates organisation of performance of the duty to serve in the Defence Forces in Estonia. (3) In co-ordination with the deputy chairman of the commission, the chairman of the commission shall appoint the four members of the commission from amongst the higher state public servants of the Ministry of Defence and the leadership of the Defence Forces. (4) In co-ordination with ministers, the secretary general of the Ministry of Defence may engage higher state public servants of other ministries in the work of the commission in the capacity of members of the commission. (5) The commission shall: 1) hear the reports of the Defence Resources Agency and the Commander of the Defence Forces on performance of the duty to serve in the Defence Forces in the state at least once a year and shall assess the work; ( entered into force RT I 2005, 33, 243) 2) submit a decision of Defence Resources Agency which has been reviewed by way of supervision or on the basis of a challenge to the Minister of Defence for revocation or amendment and shall submit a new decision to the Minister of Defence for approval. ( entered into force RT I 2005, 33, 243) 3) (Repealed entered into force RT I 2006, 63, 468) (5 1 ) (Repealed entered into force RT I 2006, 63, 468) (6) In the event of disagreement with a decision of the Minister made on the bases provided for in clause (5) 2) of this section, the person who filed the challenge may file an action with an administrative court against the decision. ( entered into force RT I 2002, 61, 375)

25 (7) Decisions of the commission shall be recorded in the minutes and published for enforcement by the Minister of Defence. (8) The Minister of Defence shall submit a report to the Government of the Republic by 1 February each year on performance of the duty to participate in national defence and the duty to serve in the Defence Forces during the preceding year. ( entered into force RT I 2005, 33, 243) 42. Medical committees (1) Medical committees shall determine the level of fitness to serve in the Defence Forces of persons to be accepted for active service or members of the Defence Forces on the basis of their state of health on two levels: 1) first level the medical committees of the Defence Resources Agency and the medical committee of the Defence Forces; ( entered into force RT I 2005, 33, 243) 2) second level the central medical committee of the Ministry of Defence. (2) The number, specialities of committee members, number of staff and rules of procedure of medical committees, the requirements for the format of decisions thereof and the procedure for sending persons eligible to serve in the Defence Forces, persons to be accepted for active service and members of the Defence Forces to a medical committee shall be established by a regulation of the Minister of Defence. ( entered into force RT I 2005, 33, 243) (3) The Minister of Defence, in co-ordination with the Minister of Social Affairs, shall appoint members of medical committees from amongst medical specialists who may operate as doctors pursuant to the established procedure. (4) The chairmen of medical committees shall be appointed from amongst the members of the committees by a directive of the Minister of Defence. (5) The conditions and extent of and procedure for remuneration for the work of the chairmen and members of medical committees, and for the compensation of travel costs, shall be established by the Government of the Republic.

26 (6) The Government of the Republic shall approve the criteria for assessment of whether the health of persons liable to service in the Defence Forces and members of the Defence Forces renders them fit to serve in the Defence Forces, the instructions for medical examinations, and the procedure for sending members of the Defence Forces for additional medical examinations or medical treatment. ( entered into force RT I 2004, 49, 342) 43. Medical committee of Defence Forces and Defence Resources Agency ( entered into force RT I 2005, 33, 243) (1) On the basis of a medical examination and taking into account the place of service and the position, the medical committee of the Defence Forces or the Defence Resources Agency (hereinafter medical committee) shall make one of the following medical decisions by which it declares a person, on the basis of his or her state of health: ( entered into force RT I 2005, 33, 243) 1) fit to serve in active service; 2) fit to serve in active service with restrictions; 3) temporarily unfit to serve in active service; 4) unfit to serve in active service. (1 1 ) The medical decisions specified in clause (1) 3) of this section shall not be made concerning conscripts. ( entered into force RT I 2004, 88, 599) (2) A medical committee shall make a decision to continue medical treatment or where necessary, to change the level of fitness required for service in the Defence Forces in respect of a person liable to service in the Defence Forces, a member of the Defence Forces or a reservist who is not able to perform his or her duties for health reasons. ( entered into force RT I 2004, 88, 599) (3) A medical committee of the Defence Forces shall conduct the medical examination of a person accepted for contractual active service. (4) If a regular member of the Defence Forces is absent from service for longer than two months within a calendar year for health reasons, a doctor of the military unit shall send the regular member