Kaitseväeteenistuse seadus (KVTS)

§ 1. Scope of application of Act

(1) This Act provides for the subjects of the national defence obligation, military service and alternative service, the legal status thereof, the organisation of the performance of the national defence obligation and the awards, bases for disciplinary liability, disciplinary penalties and the procedure for disciplinary proceedings applied to military servicemen.

(2) The provisions of the Administrative Procedure Act apply to administrative proceedings prescribed in this Act, taking account of the specifications provided for in this Act.

(3) The Civil Service Act shall apply to active service with the specifications provided for in this Act.

(4) This Act is applied to the processing of personal data and special categories of personal data and the limitation of fundamental freedoms and rights of the data subject in activities related to the organisation of the performance of national defence obligation, military service and alternative service.

§ 2. National defence obligation, person liable to national defence obligation and identification code

(1) The national defence obligation is an obligation of an Estonian citizen to participate in the national defence and the performance of procedures provided for in this Act. A person who has national defence obligation is a person liable to national defence obligation.

(2) A person liable to national defence obligation is:

1) a call-up selectee;

2) a male person between the ages of 18 and 60 years of age;

3) a person over 18 years of age who has undertaken national defence obligation;

4) an active serviceman of over 60 years of age who has not exceeded the age limit;

5) an active serviceman who has exceeded the age limit, and who is serving in the post appointed by the Government of the Republic or a minister in charge of the policy sector until the release from the post.

(3) A call-up selectee is a male person between the ages of 17 and 27 (inclusive) until entering conscript service or alternative service or until release from conscript service or alternative service.

(4) A person in reserve is a person liable to national defence obligation, who is not a call-up selectee nor serves in the alternative or military service.

(5) An identification code shall be assigned to a person liable to national defence obligation.

(6) The procedure for generating an identification code is established by a regulation of the minister in charge of the policy sector.

§ 3. Military service

(1) Military service is the service of a person liable to national defence obligation in a position of military rank. A person in military service is a serviceman.

(2) Military service is divided into:

1) the performance of the mandatory duty to serve in the Defence Forces;

2) active service;

3) voluntary service.

§ 4. Performance in alternative service of mandatory duty to serve in Defence Forces

(1) Alternative service is a compulsory participation in a training or service of a non-military nature by a person liable to national defence obligation who has refused military service for religious or ethical reasons.

(2) Alternative service is:

1) regular alternative service;

2) reserve alternative service;

3) emergency reserve alternative service.

(3) A person in regular alternative service is a person in alternative service, and a person in reserve alternative service and in emergency reserve alternative service is a person in reserve alternative service.

§ 5. Performance of mandatory duty to serve in Defence Forces

(1) The performance of the mandatory duty to serve in the Defence Forces is the obligation of a person liable to national defence obligation to undergo the conscript and reserve service in the Estonian Defence Forces (hereinafter Defence Forces) within the determined period. A person who is performing the mandatory duty to serve in the Defence Forces is a person liable to mandatory duty to serve in the Defence Forces.

(2) Conscript service is the performance of the mandatory duty to serve in the Defence Forces of a male person liable to national defence obligation and the voluntary entering military service of a female person, and the completion thereof with the purpose to acquire military training. A person in conscript service is a conscript.

(3) Reserve service is the performance by a person in reserve of the national defence obligation in reservist training and additional reservist training. A person in reserve service is a reservist.

§ 6. Military training

(1) Military training is the body of knowledge, skills, experience, and attitudes in compliance with the requirements of the Defence Forces, which is needed to successfully perform the duties in peacetime and wartime.

(2) Military training provided in the Defence Forces. Military training may also be provided in the Estonian Defence League if this complies with the requirements and procedure established by the Commander of the Defence Forces on the basis of subsection 3 of this section.

(3) The requirements and procedure for the military training shall be established by the Commander of the Defence Forces.

§ 7. Active service

(1) Active service is a specific type of civil service where:

1) a person liable to national defence obligation is employed in a peacetime position of military rank;

2) during mobilization and demobilization a person liable to national defence obligation has started to perform the duties of a wartime position of a military rank.

(2) A person in active service is an active serviceman.

§ 7¹. Voluntary service

(1) Voluntary service is the participation in the performance of the tasks of the Defence Forces by a person in reserve who has been appointed to a temporary non-staff post with a military rank in the Defence Forces. A person in voluntary service is under the command and control of the Defence Forces.

(2) The tasks specified in subsection 1 of this section are deemed to be the preparation for the military defence of the state and the participation in international military cooperation.

(3) A person in voluntary service is a voluntary servant.

§ 8. Cadet

A cadet is an officer candidate serving in active service who attends first level studies at an institution of professional higher education for national defence or an educational institution of a foreign state offering equivalent military education.

§ 9. Report on attendance in military service

Every year the Ministry of Defence compiles a report on the performance of the national defence obligation and the organization of military service for the previous calendar year and publishes it on its website by 1 April.

§ 10. Oath of serviceman

(1) Upon entering military service for the first time, every serviceman shall take the following oath of serviceman in writing:

“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 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.]

(2) The person taking the oath of serviceman shall sign the text of the oath, noting also the date of taking the oath.

§ 11. National defence obligation register

(1) The national defence obligation register is a database the purpose of which is to keep record of the persons liable to national defence obligation, persons applying for the national defence obligation, the performance of the national defence obligation and of the performance of proceedings and making the decisions prescribed by law and compliance with the requirements for entering active service.

(1¹) The following data are processed in the national defence obligation register:

1) general data of a person liable to national defence obligation, a person applying for the national defence obligation and the contact person;

2) other data of a person liable to national defence obligation and a person applying for national defence obligation: educational data, data on the place of work and educational institution, where necessary the number of minor children, current account data, data on skills, volunteering and religion, data on the assessment of the state of health, data on professional suitability, data on punishment, data on the performance of national defence obligation, data on military service, data on the course of military service and applicable restrictions;

3) data on the correspondence and administrative decisions related to the performance of the national defence obligation of a person liable to national defence obligation and a person applying for national defence obligation, and the general data of the data provider;

4) data on processing logs.

(2) The register of persons liable to national defence obligation is founded and its statutes are established by a regulation of the Government of the Republic, which provides for:

(1) the duties of the chief processor and the authorised processor;

(2) a more precise composition of the data to be collected in the database;

(3) data providers and the data to be transmitted;

4) the more precise time limits for the storing of data;

5) the more precise procedures for the submission of data and other organisational circumstances related to the maintenance of the database.

(3) The chief processor of the register of persons liable to national defence obligation is the Defence Resources Agency.

(6) Unless the statutes provide a shorter term, the data are stored in the register of persons liable to national defence obligation as of the entry in the archives of the register as follows:

1) personal identification data and data on the course of a person's military service for up to 50 calendar years;

2) all other register data for up to 10 calendar years.

(7) The register data are entered in the archives of the register of persons liable to the national defence obligation after termination of national defence obligation or the death of the person.

§ 11¹. Automated biometric identification system database

(1) The automated biometric identification system database is an electronic database the aim of which, for the purposes of this Act, is to process biometric data obtained by fingerprinting of an active serviceman appointed to a peacetime position of military rank involved in explosive ordnance disposal operations for the purposes of eliminating the traces left by the active serviceman on the object of analysis.

(2) Personal data shall be processed in a pseudonymised format in the automated biometric identification system database.

(3) Biometric data obtained by fingerprinting of an active serviceman may be processed only for the purposes specified in subsection 1 of § 92¹ of this Act.

(4) The automated biometric identification system database shall be established and the statutes thereof shall be established by a regulation of the Government of the Republic.

(5) The controllers of the automated biometric identification system database are the Police and Border Guard Board and the Estonian Forensic Science Institute.

§ 13. Personal equipment of military serviceman

(1) During the service in the Defence Forces a serviceman shall be provided with the personal equipment needed for the performance of duties.

(1¹) Compensation may be paid to an active serviceman for the acquisition of personal equipment in case the personal equipment has not been provided by the Defence Forces

(1²) The maximum limit of compensation for individual equipment of an active serviceman is established by a regulation of the minister in charge of the policy sector.

(1³) The conditions and rules for the acquisition of individual equipment and the payment of compensation to an active serviceman are established by a directive of the Commander of the Defence Forces.

(2) The personal equipment of a serviceman consists of the insignia, a uniform, clothing supply and battle equipment.

(3) The description of the insignia and uniform of a serviceman, the list of clothing supply and battle equipment and the procedure for the issue of the uniform shall be established by a regulation of the minister in charge of the policy sector.

(4) The description of the clothing supply and battle equipment of a serviceman and the procedure for handling and wearing the individual equipment shall be established by the Commander of the Defence Forces.

(5) The list of persons outside military service who may be issued the insignia and uniform of a serviceman and the conditions and procedure for the issue of the insignia and uniform of a serviceman shall be established by a regulation of the minister in charge of the policy sector.

(6) The procedure of wearing the insignia and uniform of an active serviceman for persons outside the service in the Defence Forces is established by the Commander of the Defence Forces.

(7) The minister in charge of the policy sector may establish by a regulation the requirements for demilitarisation of the uniform of a serviceman.

(8) A person outside the service in the Defence Forces, who has not been granted the right to wear the uniform and insignia of an active serviceman by a regulation established based on subsection 5 of this section is prohibited from using the uniform and insignia of an active serviceman. the armed forces.

§ 14¹. Processing of information and restrictions on right to receive information and personal data

(1) The following information may be processed, inter alia, for the performance or ensuring the performance of the national defence obligation, military service and alternative service:

1) personal data;

2) special categories of personal data;

3) anonymised data;

4) personal information aimed to the general public and accessible from public sources.

(2) The processing of information is carried out directly by the Ministry of Defence, the Defence Resources Agency, the Defence Forces and the health care service provider involved in the assessment of the state of health (hereinafter in this section jointly the authority organising national defence obligation).

(3) Upon processing of information, the authority organising national defence obligation may limit the following rights of the data subject, including:

1) to be informed of the automated or non-automated processing of his or her personal data, including which personal data are processed, as well as the purpose of the processing, legal basis, extent and reason;

2) to be informed of the recipients of his or her personal data and the categories of personal data to be disclosed and information on whether his or her personal data are transferred to a third state or an international organization;

3) to be informed of the technical and organizational protection measures and restrictions on access;

4) to examine personal data collected and processed;

5) to demand that the processing of his or her personal data be restricted;

6) to demand the transfer of his or her personal data;

7) to be informed of any personal data breach.

(4) The authority organizing national defence obligation may apply the provisions of this section upon processing of personal data in the course of exercise of state supervision.

§ 15. Delivery of document

(1) Decisions and other documents made on the basis of this Act for persons liable to national defence obligation are generally served on the persons liable to national defence obligation electronically through the Estonian information portal service and sent to the email address personalidentificationcode@eesti.ee.

(2) In addition to the provisions of subsection 1 of this section, a document may be served by ordinary letter, registered letter with advice of delivery or in any other manner prescribed in the Administrative Procedure Act.

(3) A document sent in the manner provided for in subsection 1 of this section shall be deemed to have been served in 30 days after the document is made available unless previous service of the document is certified.

(4) a person liable to national defence obligation may request service of documents at another email address or in the manner provided for in subsection 2 of this section, providing the necessary contact information. In such a case, the document shall be deemed to have been served in 30 days after the document has been sent, unless previous service of the document has been proved.

(5) If it is not possible to serve a document in the manner provided for in subsection 2 of this section, the authority which prepared the document may publish it in the official online publication Ametlikud Teadaanded.

§ 16. Military rank

(1) A military rank is a military title granted to a person on the basis of education and military training, except to a call-up selectee, a person in alternative service and a person not liable to national defence obligation who is under 28 years of age. The title of a military rank may differ by types of armed service.

(2) The military ranks of the Army and the Air Force in the ascending order are a Private/ Airman, a Corporal/Senior Airman, Sergeant (Junior), Sergeant, Sergeant/Staff Sergeant, Staff Sergeant/ Technical Sergeant, Sergeant First Class/ Master Sergeant, Master Sergeant/ Senior Master Sergeant, Sergeant Major/Chief Master Sergeant, Command Sergeant Major/ Chief Master Sergeant of the Air Force, Third Lieutenant, Second Lieutenant, First Lieutenant, Captain, Major, Lieutenant Colonel, Colonel, Brigadier General, Major General, Lieutenant General, General.

(3) The military ranks of the Navy in the ascending order are Seaman, Leading Seaman, Petty Officer 3rd class, Petty Officer 2nd class, Petty Officer 1st class, Chief Petty Officer 2nd class, Chief Petty Officer 1st class, Senior Chief Petty Officer, Master Chief Petty Officer, Master Chief Petty Officer of the Navy, Ensign, Lieutenant Junior Grade, Lieutenant, Lieutenant Senior Grade, Lieutenant Commander, Commander, Captain, Commodore, Rear Admiral, Vice Admiral, Admiral.

(4) Military ranks are divided into main categories. The main categories in the ascending order are soldier, non-commissioned officer and officer.

(5) The main category of non-commissioned officers is divided in the ascending order into junior non-commissioned officers and senior non-commissioned officers.

(6) The main category of officers is divided in the ascending order into junior officers, senior officers and general and flag officers.

§ 17. Education requirements for grant of military rank

(1) A military rank of a soldier may be granted to a person who has completed at least the second level of studies in the basic school for the purposes of the Basic Schools and Upper Secondary Schools Act.

(2) A military rank of the non-commissioned officer may be granted to a person who has acquired at least secondary education.

(3) A military rank of an officer may be granted to a person who has higher education or education obtained in a military educational institution of the North Atlantic Treaty Organization or a member state of the European Union and required upon the grant of a military rank of an officer in the member states of the specified associations.

(4) A rank of a Third Lieutenant/Ensign may be granted to a person who has acquired at least secondary education.

§ 18. Ranks of soldier

The ranks of a soldier are a Private/Airman, a Seaman, a Corporal/ Senior Airman and a Leading Seaman.

§ 19. Ranks of non-commissioned officer

(1) The ranks of a junior non-commissioned officer are a Junior Sergeant, Petty Officer 3rd class, Sergeant, Petty Officer 2nd class, Sergeant, Staff Sergeant and Petty Officer 1st class.

(2) The ranks of a senior non-commissioned officer are Staff Sergeant, Technical Sergeant, Chief Petty Officer 2nd class, Sergeant First Class, Master Sergeant, Senior Chief Petty Officer, Master Sergeant, Senior Master Sergeant, Senior Chief Petty Officer, Sergeant Major, Chief Master Sergeant, Master Chief Petty Officer, Command Sergeant Major, Chief Master Sergeant of the Air Force and Master Chief Petty Officer of the Navy.

§ 20. Ranks of officer

(1) The ranks of a junior officer are Third Lieutenant/Ensign, Second Lieutenant, Lieutenant Junior Grade, First Lieutenant, Lieutenant, Captain and Lieutenant Senior Grade.

(2) The ranks of a senior officer are Major, Lieutenant Commander, Lieutenant Colonel, Commander, Colonel and Captain.

(3) The ranks of the general and flag staff are Brigadier General, Commodore, Major General, Rear Admiral, Lieutenant General, Vice Admiral, General and Admiral.

§ 21. Person with right to grant, demote and deprive of military rank

(1) A military rank shall be granted, demoted and deprived of as follows:

1) the rank of an officer by the President of the Republic of Estonia on the proposal of the Commander of the Defence Forces;

2) the rank of a senior non-commissioned officer by the Commander of the Defence Forces;

3) the rank of a junior non-commissioned officer by the Commander of the Defence Forces, a chief of service or the commander of a structural unit of the Defence Forces authorised by the Commander of the Defence Forces;

4) the rank of a soldier by the Chief of service or the commander of a structural unit of the Defence Forces.

(2) A person shall be notified of the grant, demotion and deprivation of a military rank at the earliest opportunity after the decision has been made to this effect.

(3) A military rank is granted to a person if performance of the functions of the post requires being in military service.

§ 22. Grant of military rank and wearing insignia of military rank

(1) The grant of a military rank is the grant of a military rank for the first time or the grant of a new military rank to a serviceman and a person in reserve under the conditions and in the procedure provided for in this Act.

(2) The insignia of the highest current military rank shall be displayed on the uniform.

(2¹) The description of the insignia shall be established by a regulation of the minister in charge of the policy sector.

(3) A military rank shall be granted to a person for an unspecified term.

(4) A person may be presented for the grant of a new military rank by an active serviceman if the person has undergone the required military training, acquired education and has served in his current military rank for a minimum period required therefor (hereinafter age of rank). A conscript may be granted a military rank without appointment to a post.

(5) An active serviceman may be presented for the grant of a new military rank in case they comply with the requirements for the peacetime post, the age of their rank has been reached and the commander who has assessed the compliance to a peacetime post, or a senior commander thereof have made a proposal to this effect.

(5¹) An active serviceman and a person may be nominated for a new military rank before the age of the rank has been reached in case a motivated justification for not applying the rank age is added to the proposal.

(6) An active serviceman and a person in reserve may be granted temporarily, as an exception to the provisions of subsection 3 of this section and irrespective of the age of rank, the next military rank following in the ascending order for the period during which he or she participates in an international military operation, is employed in a diplomatic post at a foreign mission, at an international organisation or international military headquarters.

(7) A military rank shall not be granted to a person who has a current penalty in force for a criminal offence or a disciplinary offence imposed on the basis of this Act.

(8) A serviceman may be granted a military rank of a Private or Airman or Seaman irrespective of the provisions of subsection 5 of this section.

(9) A person who has a military rank of the Army or Air Force may be granted the equivalent or next military rank in the ascending order of the Navy and vice versa.

(10) Subsections 4–6 and 8 of this section and § 17 of this Act are not applied to the grant of military rank during a state of war.

§ 23. Demotion of military rank

(1) The demotion of a military rank is the grant of the next military rank in the descending order to a person or the cancellation of the grant of the highest current military rank.

(2) A military rank may be demoted if circumstances become evident on the basis of which the person does not comply with the requirements for the grant of the highest military rank granted to him or her.

(3) During a state of war, mobilization and demobilization, in addition to the provisions of subsection 2 of this section, the military rank of a person may be lowered upon the entry into force of a conviction against them.

§ 24. Deprivation of military rank

(1) The deprivation of a military rank is the cancellation of all the current military ranks granted to a person.

(2) A military rank may be deprived if a person is convicted:

1) the offence provided for in Chapter 8, Chapter 15 Subchapter 2 or § 251 of the Penal Code;

2) of the offence for which he or she has been sentenced to life imprisonment therefor.

§ 25. Age of rank

(1) The age of rank of:

1) the general and flag staff, Colonel and Captain shall not be established;

2) Lieutenant Colonel, Commander, Major and Lieutenant Commander is at least five years;

3) Captain and Lieutenant Senior Grade is at least four years;

4) First Lieutenant, Second Lieutenant and Lieutenant Junior Grade is at least three years;

5) Third Lieutenant/Ensign shall not be established;

6) Command Sergeant Major, Chief Master Sergeant of the Air Force and Master Chief Petty Officer, Master Chief Petty Officer of the Navy, Sergeant Major shall not be established;

7) Master Sergeant, Senior Master Sergeant and Senior Chief Petty Officer is at least eight years;

8) Sergeant First Class, Master Sergeant and Chief Petty Officer 1st Class is at least six years;

9) Staff Sergeant, Technical Sergeant and Chief Petty Officer 2nd Class is at least four years;

10) a junior non-commissioned officer shall not be established;

11) a soldier shall not be established.

(3) The age of rank shall be calculated as of the date of the decision on the grant of a military rank. The age of rank shall not be taken account of upon the grant of a military rank of another main category of military rank.

(4) Upon demotion of a military rank of a person the period of service in the current military rank shall be calculated into the age of rank of the highest current military rank.

(5) The period of holding a temporary military rank shall be calculated into the age of rank upon the grant of the temporary military rank.

(6) A person who has completed the age of military rank and whose military rank has been demoted, cannot be granted a military rank in the ascending order if less than one year has passed from the demotion of the military rank.

§ 26. Amendment of military rank of Commander of Defence Forces

The grant, demotion and deprivation of the military rank of the Commander of the Defence Forces shall be decided by the President of the Republic on the proposal of the minister in charge of the policy sector.

§ 30¹. Permanent incapacity for work

(1) For the purposes of this Act permanent incapacity for work is a serious functional impairment occurring for more than 182 consecutive calendar days as a result of health damage received due to the performance of duties in military service and alternative service.

(3) The extent of permanent incapacity for work is expressed as a percentage of loss of capacity for work, by a number ending with zero.

(4) A person may be declared permanently incapacitated for work for a period of six months, one year, two years, three years, five years or until attaining a pensionable age provided for in § 7 of the State Pension Insurance Act but not for longer than five years.

(5) A person’s permanent incapacity for work may be established retroactively but not later than one year after the submission of an application for establishing permanent incapacity for work.

(6) The conditions and procedure for establishing the permanent incapacity for work caused by health damage received due to the performance of duties in military and alternative service, its extent, reason and duration shall be established by a regulation of the minister in charge of the policy sector.

§ 33. Competence of Defence Resources Agency upon entering conscript service of call-up selectee

(1) The Defence Resources Agency:

1) decides on the call-up for conscript service and the time of entering conscript service;

2) grant deferment to a call-up selectee;

3) decide on the release of a call-up selectee from entering into conscript service;

4) decide on the entering into and release from regular alternative service of a call-up selectee who has refused military service for religious or ethical reasons;

5) decides, with the consent of the commander of the conscript service unit, the continuation of conscript service.

(1¹) In the event of a suspension of entry into conscript service and regular alternative service, the Defence Resources Agency suspends the performance of the duties provided in subsection 1 of this section until the suspension of entry into conscript service or regular alternative service has been terminated.

(2) The Defence Resources Agency may process the personal data, including special categories of personal data, of a person liable to national defence obligation and a person applying for the national defence obligation in order to assess his or her suitability for entry into and performance of military service or alternative service, to organize alternative service and taking of national defence obligation.

§ 33¹. Competence of the Defence Resources Agency to suspend validity of rights and authorisations and to refuse issue thereof

(1) In case a call-up selectee ignores repeatedly the obligation to participate in the assessment of the state of health or the obligation to enter the conscript service, the Defence Resources Agency warns the call-up selectee that upon failure to comply with the specified obligation the rights and authorisations listed in subsection 5 of this section may be suspended and grant of them refused.

(2) The warning specified in subsection 1 of this section may be delivered together with the warning of implementation of non-compliance levy specified in § 226 of this Act or the decision on the call-up for conscript service specified in § 37 of this Act.

(3) The warning shall be valid as of the delivery.

(4) If a person does not have the right or authorisation specified in subsection 5 of this section, the Defence Resources Agency shall not issue a warning. The Defence Resources Agency may submit several applications to the administrative court during the period of validity of one warning for suspension of rights specified in subsection 5 of this section and refusal of grant of them.

(5) If the call-up selectee fails to comply with the obligation specified in the warning, the Defence Resources Agency may apply for the permission of the administrative court to suspend the following rights and authorisations of the call-up selectee and refuse the issue of:

1) the hunting right;

2) a licence for a motor vehicle;

3) a fishing card;

4) a weapons permit and a weapons acquisition permit;

5) the right to navigate recreational craft and personal watercraft.

(6) The application submitted to the administrative court shall set out:

1) justification why the Defence Resources Agency deems it necessary to suspend the chosen right or authorisation and to refuse the grant thereof;

2) evidence of a failure to comply with the obligation specified in subsection 1 of this section;

3) information on the delivery of the warning specified in subsection 1 of this section;

4) other relevant information.

(7) Granting of a permission shall be decided on the basis of the provisions of the Code of Administrative Court Procedure on granting a permission for administrative proceedings. Upon deciding on the granting of the permission the participants in the proceedings of are the Defence Resources Agency and the person with regard to whom the authorization is applied for.

(8) The administrative court shall deliver the regulation to the participants in the proceedings and the respective administrative body that is competent to suspend and refuse the grant of the rights and authorizations specified in the authorization.

(9) Suspension of the rights and authorisations specified in subsection 5 of this section and refusal to grant authorisations shall remain valid until the performance of the obligation specified by the person in the warning unless otherwise provided by the ruling of the administrative court. The Defence Resources Agency shall immediately notify the relevant administrative authority of the suspension of the rights and authorisations.

§ 34. Assessment of state of health of call-up selectee

(1) The compliance of a call-up selectee with the health requirements for a person liable to mandatory duty to serve in the Defence Forces is assessed pursuant to the procedure established based on subsection 11 of § 26¹ of this Act.

(2) A call-up selectee whose state of health cannot be assessed based on the data of the Health Information System or documents reflecting the state of health, are notified by the Defence Resources Agency of the time and place for the medical examination and, where necessary, for conducting health tests.

§ 35. Assessment of professional suitability of call-up selectee

(1) The assessment of the professional suitability on the basis of the personality characteristics of a call-up selectee is the identification of the most suitable military training for him.

(2) The professional suitability of a call-up selectee that has been declared to be in compliance with the health requirements for a person liable to mandatory duty to serve in the Defence Force shall be assessed by the Defence Resources Agency.

(3) The procedure for the assessment of the professional suitability of a call-up selectee shall be established by a regulation of the minister in charge of the policy sector.

§ 36. Payment of compensation to call-up selectee

(1) A call-up selectee is compensated for travel and meal expenses incurred by the person in connection with the appearance before the medical commission for the assessment of the compliance of their state of health with the health requirements for a person liable to mandatory duty to serve in the Defence Forces, undergoing health tests or upon assessment of the professional suitability.

(2) The conditions, extent and procedure for payment of compensation for travel and meal expenses incurred in connection with the appearance before the medical commission, undergoing health tests or assessment of professional suitability are established by a regulation of the minister in charge of the policy sector.

§ 38. Deferment for conscript service

(1) The following call-up selectees shall not be called up for conscript service:

1) whose state of health is in noncompliance with the health requirements for a person liable to mandatory duty to serve in the Defence Forces;

1¹) who have a severe or profound disability identified under the Social Benefits for Persons with Disabilities Act;

2) a person who has not completed at least the second level in the basic school for the purposes of the Basic Schools and Upper Secondary Schools Act;

3) a person who is a suspect or the accused in a criminal matter until the termination of the criminal proceedings;

4) who is a prisoner or a person in custody for the purposes of the Imprisonment Act;

5) in the cases prescribed in a treaty;

6) a person who has taken up acquiring higher education in the specialty of a medical doctor or nurse.

(2) A call-up selectee, who wishes the deferment on the basis provided in clause 6 of subsection 1 of this section submits a written application to the Defence Resources Agency. Upon acquiring a higher education in the specialty of a doctor or nurse in a higher educational institution of a foreign state, a call-up selectee is required to submit, together with the application, a certificate of the educational institution about their matriculation, the specialty and the standard period of study and, in the case of exceeding the standard period of study, submit a certificate issued by the educational institution for every additional academic year.

(3) The call-up selectee who has been granted deferment on the basis provided for in subsection 1 of this section shall be called up for conscript service if the circumstances cease to exist.

(4) Upon granting deferment based on subsection 1 of this section, the Defence Resources Agency notesthe details of a call-up selectee in the national defence obligation register as the data of a person in reserve.

§ 39. Release from entering conscript service

(1) The following person is released from conscript service:

1) a person who has entered alternative service;

2) a person who has attained 28 years of age;

3) who has been sentenced to actual imprisonment of more than one year on the basis of a court judgment which has entered into force and the details of the sentence have not been entered in the archives of the criminal records database pursuant to the Criminal Records Database Act;

4) a person who, based on the data of the Population Register, has resided uninterruptedly for at least seven years in a foreign state during the period immediately preceding entering their data into the national defence obligation register or was born in a foreign state and has lived in a foreign state during the period immediately preceding the entering of their data into the national defence obligation register;

5) a person who has undergone mandatory military service in the armed forces of a foreign state or served as a military serviceman in the armed forces of a foreign state for at least 12 months or has undergone alternative service in a foreign state;

6) who has been entered into the Estonian health administration information system as a medical doctor or nurse, and has undergone the training in compliance with the requirements of the Defence Forces;

7) a person who has been appointed a judge and the proposal for the release of him has been made by the Council for Administration of Courts.

(2) Upon the emergence of the circumstance provided in clauses 2–4 and 6 of subsection 1 of this section, a call-up selectee is deemed to be released from entering conscript service and the Defence Resources Agency notes their data in the national defence obligation register as the data of a person in reserve.

(3) A call-up selectee who is applying for the release from conscript service based on clauses 5 or 7 of subsection 1 of this Act is required to submit a corresponding application to the Defence Resources Agency.

(4) A call-up selectee who has been notified of the decision of the Defence Resources Agency with regard to the time for call-up for and entering conscript service on the basis of this Act and who is applying for the release from conscript service on the basis of clauses 6 and 7 of subsection 1 of this section is required to submit an application for the release from conscript service:

1) in the case provided for in subsection 4 of § 37 of this Act for at least 30 days before the time of entering conscript service;

2) in the cases provided for in subsections 5 and 6 of § 37 of this Act immediately after becoming aware of the basis for release.

(5) The Defence Resources Agency may summon a call-up selectee, who has submitted an application for the release from conscript service, request additional documents, or decide without thereof whether to release him from conscript service or refuse to satisfy the application. The Defence Resources Agency shall note the data of the person released from conscript service into the national defence obligation register as the data of a person in reserve.

(6) A person in reserve who has been released from conscript service in accordance with clause 4 of subsection 1 of this section and who wishes to enter conscript or alternative service must submit a written application to the Defence Resources Agency.

(7) The Defence Resources Agency may call up a person in reserve who has submitted an application for entry into conscript or alternative service, request additional documents or decide to call them into conscript or alternative service without such documents. In case a person in reserve complies with the requirements of the call-up for conscript or alternative service, the Defence Resources Agency enters their data in the national defence register as the data of a call-up selectee.

§ 40. Obligations of call-up selectee

(1) A call-up selectee is required to:

1) notify immediately the Defence Resources Agency of his contact data and the change therein in a form reproducible in writing;

2) appear to the conscript or alternative service at the time and place determined by the Defence Resources Agency;

3) at the request of the Defence Resources Agency submit data and evidence necessary to issue an administrative act with regard to him or carry out a proceeding;

4) appear at the Defence Resources Agency or at a place appointed by the agency in order to carry out the necessary acts;

5) participate at the time and place appointed by the Defence Resources Agency for assessment of the state of health in the medical examination, health tests or the assessment of the professional suitability and submit the documents reflecting their state of health at the request of the doctor assessing the state of health;

6) notify immediately the Defence Resources Agency in a form reproducible in writing about their serious illness and other circumstances which could affect the compliance of their state of health with the health requirements for a person liable to mandatory duty to serve in the Defence Resources, and submit, where necessary, documents reflecting the change in the state of health;

7) notify the Defence Resources Agency in a format which can be reproduced in writing about the cessation of the bases of deferment within 30 days as of the cessation of the bases for deferment;

8) take along the necessary documents and items upon entering conscript service.

(2) The list of documents and items taken along upon entering conscript service shall be established by a regulation of the minister in charge of the policy sector.

(3) A call-up selectee is prohibited to take along to conscript service the items on the list of prohibited items established by a regulation issued based on subsection 11 of § 49 of this Act.

§ 41. Deferment

(1) Deferment is the postponement of entering conscript service of a call-up selectee for a specified time.

(2) The application for deferment shall be submitted upon the emergence of the circumstances but not later than 30 days before the term of entering conscript service except where:

1) the circumstances for the grant of deferment become evident later;

2) another term has been provided for by law.

(3) In the cases provided in § 42 and subsections 1, 3 and 4 of § 44 of this Act the submission of the application for deferment is not required. A call-up selectee who is studying in a foreign state is required to submit the certificate of the educational institution together with an application for deferment.

(4) The deferment shall terminate upon expiry of the term of deferment or when the circumstances forming the basis for the deferment cease to exist.

§ 42. Grant of deferment due to temporary noncompliance with health requirements of person liable to mandatory duty to serve in Defence Forces

(1) The Defence Resources Agency grants deferment to a call-up selectee, whose state of health is in temporary noncompliance with the health requirements for a person liable to mandatory duty to serve in the Defence Forces, for treatment of the health disorder.

(2) A call-up selectee may be granted deferment for up to two years at a time for treatment of the health disorder which has caused the temporary noncompliance with the health requirements for a person liable to mandatory duty to serve in the Defence Forces.

§ 43. Grant of deferment related to maintenance obligation

(1) The Defence Resources Agency shall grant deferment to a call-up selectee if the call-up selectee:

1) as a parent or other person maintaining a child is maintaining at least one child under three years of age and the maintenance obligation arises from the Family Law Act;

2) as a parent or other person maintaining a child is required to maintain at least two children and the maintenance obligation arises from the Family Law Act;

3) as a parent or other person maintaining a child alone is maintaining at least one child, there are no other persons with the maintenance obligation and the maintenance obligation arises from the Family Law Act;

4) is the only person maintaining a person with a severe or profound disability who has no other persons with the maintenance obligation.

(2) The deferment provided for in subsection 1 of this section shall be granted until the circumstances cease to exist.

§ 44. Grant of deferment for acquiring education

(1) A call-up selectee has the right to deferment for taking up studies at a vocational educational institution, professional higher education institution or university immediately after completion of secondary education until 15 September of the same year.

(2) After being accepted for study in a vocational educational institution, professional higher education institution or university, a call-up selectee has the right to deferment until the end of the nominal duration of studies in case they submit an application for deferment to the Defence Resources Agency within 30 days as of the admission to the educational institution.

(3) A call-up selectee has the right to deferment until 1 July in the year he attains 21 years of age for the completion of general secondary education in full-time studies.

(4) A call-up selectee who has no secondary education has the right to deferment until 1 July in of the year he attains 21 years of age for the completion of vocational education in school-based and full-time study.

(5) A call-up selectee who has enrolled in the police, border guard or rescue programme in a professional higher education institution for public defence has the right to deferment until the end of the standard period study, provided that the call-up selectee submits, within 30 days after matriculation, an application for deferment to the Defence Resources Agency together with the certificate issued by the educational institution concerning the matriculation of the person and the standard period of study.

(6) A call-up selectee who, directly after acquisition of secondary education, is matriculated by an institution of higher education of a foreign state during the year of his graduation has the right to deferment until the time he is granted the first level qualification of higher education, provided that the call-up selectee submits, within 30 days after matriculation, an application for deferment to the Defence Resources Agency together with a certificate issued by the educational institution concerning the matriculation of the person and the duration of the standard period of study.

(7) On the basis of subsections 2, 5 and 6 of this section the deferment may be granted until the circumstances cease to exist but not for longer than until 1 July of the year in which a call-up selectee attains 23 years of age.

§ 45. Deferment for employment in elected office

A call-up selectee shall be granted deferment at his request until the end of the period during which he is a member of a local government council, the Riigikogu or the European Parliament.

§ 47. Entering conscript service

(1) The conscript service commences as of the entry into service of the call-up selectee. Entry into conscript service is deemed to be the arrival of the call-up selectee at the place of conscript service.

(2) Upon arrival at the place of conscript service, the conscript is subjected, where necessary, to a medical examination.

(3) The conscript service unit is a structural unit of the Defence Forces engaged in the training of conscripts, where the peacetime post of the conscript is located.

(4) In case, within 14 days of the commencement of conscript service, circumstances arise about which the call-up selectee has an obligation to notify based on clause 6 of subsection 1 of § 40 of this Act, the Defence Resources Agency does not consider the person to have entered conscript service on the proposal of the Defence Forces and the person continues to be a call-up selectee.

§ 48. Suspension of duration of conscript service

(1) The duration of conscript service shall be suspended for a conscript:

1) during the period of serving a disciplinary arrest;

2) for the period on unauthorised absence from the conscript service unit.

(2) The period of suspension of conscript service shall not be included into the duration of the conscript service.

(3) The duration of the conscript service and the period of suspension of the conscript service together shall not be longer than 12 months.

§ 48¹. Processing of personal data of conscript

The Defence Forces may process personal data of a conscript, including special categories of personal data, to assess his or her compliance with the requirements of a conscript and organise conscript service.

§ 49. Restriction of fundamental rights and freedoms of conscript

(1) The fundamental rights and freedoms of a conscript may be restricted in the cases provided by law.

(2) A conscript is required to stay at a conscript service unit during the conscript service or at a location appointed by the commander in the interests of the service. Pursuant to the training rules or study programme of the Defence Forces the commander of conscript service unit or a commander who is an active serviceman carrying out military training may, following safety requirements, put a conscript into the situation during military training which conditionally corresponds to the combat actions in wartime.

(3) During the conscript service a conscript is required to act in compliance with the current legislation of the Defence Forces.

(4) A conscript shall be neat and maintain personal hygiene. The Commander of the Defence Forces may establish restrictions on the appearance of a conscript, where necessary, in the interests of training or for ensuring the safety.

(5) The using of personal communication means and electronic devices is allowed for a conscript provided that this does not endanger him or other persons and does not hinder carrying out the military training or performance of duties. A conscript shall not make recordings which provide information about the defence capability or security in the military zone of the Defence Forces without the authorisation of a commander who is an active serviceman. The using of other personal effects shall not hinder the performance of duties and endanger other persons.

(6) The items endangering the security of a person, suitable for damaging property or may endanger the security of the Defence Forces are banned in the conscript service.

(7) An active serviceman may search the personal effects of a conscript on the order of the commander of conscript service unit and take into custody the items which are prohibited in the conscript service.

(8) The items the holding of which is prohibited by law shall not be deposited. A competent authority shall be notified of the discovery of prohibited items.

(9) The depository shall prepare an act concerning the items deposited on the basis of subsection 7 of this section, concurrently making a proposal to the conscript to send these items at the address specified by the conscript at the expense of the conscript. If the conscript does not consent thereto, the Defence Forces shall deposit the items until the release of the conscript from military service.

(10) In a justified case the commander of conscript service unit or an active serviceman authorised by him or her may allow a conscript to convey the items deposited on the basis of subsection 7 of this section out of the territory of the conscript service unit during his holiday or meeting, relating to which an active serviceman shall prepare an act. Perishable items shall not be deposited and their destruction shall be carried out by the order of the commander of the conscript service unit at the expense of the Defence Forces. An active serviceman shall prepare an act relating to destruction.

(11) The list of documents required, and items banned in the conscript service, the procedure for the deposit, return and destruction of the items banned in the conscript service and the format for destruction thereof shall be established by a regulation of the minister in charge of the policy sector.

(12) The consumption, possession, forwarding and sale of alcohol and narcotic and psychotropic substances and gambling are prohibited in the conscript service. The use and possession of medicines is allowed in co-ordination with the health care service provider appointed by the commander of the conscript service unit.

(13) A conscript is allowed to meet his or her family members or other persons at the conscript service unit for at least once a month, except in the case this is impossible due to participation in military training or in order to hinder the spread of infectious diseases.

(14) A conscript shall not disseminate his political views at the conscript service unit.

(15) The commander of the conscript service unit may restrict the fundamental rights and freedoms of a conscript only to ensure the security of the Defence Forces or of the persons staying in the military zone of the Defence Forces unless a particular restriction is provided for by law. The restriction shall comply with the principle of human dignity and shall not distort the nature of other rights and freedoms provided by law.

(16) On the initiative of the Defence Forces and in the interests of service, access to classified information may be requested for a conscript in case the Commander of the Defence Forces has assigned to a peacetime post of the conscript the level of access rights to classified information in accordance with the procedure provided in the State Secrets and Classified Foreign Information Act.

§ 50. Spokesperson for conscripts

(1) A spokesperson for conscripts is a conscript who shall represent the interests of conscripts in issues related to service matters before the commander of the conscript service unit.

(2) The procedure for the election and appointment of the spokesperson for conscripts shall be established by a regulation of the minister in charge of the policy sector.

§ 51. Appointment of conscript to peacetime post

(1) A conscript shall be appointed to a peacetime post by the Commander of the Defence Forces, or a commander authorised by him or her.

(2) The procedure for the appointment of a conscript to a peacetime post shall be established by the Commander of the Defence Forces.

(3) Challenge proceedings provided for in the Administrative Procedure Act shall not be applied with regard to the appointment of a conscript to a peacetime post.

§ 52. Secondment of conscript and authorisation for outside of conscript service unit

(1) The secondment of a conscript is sending him or her, in the interests of the training, outside of his or her conscript service unit for a specified period of time.

(2) The internal secondment of a conscript within the state shall be decided by the commander of the conscript service unit.

(3) The secondment of a conscript to a foreign state is decided by the Commander of the Defence Forces or a commander authorised by them.

(4) The decision on secondment shall set out the commencement and end date, place of secondment and purpose of secondment.

(5) The secondment of a conscript to an international military operation or to the region of an international military operation is only allowed with the written consent of the conscript.

(5¹) A conscript has the right to withdraw the consent given under subsection 5 of this section at any time.

(5²) The Defence Forces must arrange for the return of a conscript, who has withdrawn their consent, who has been sent on an international military operation or to the region of an international military operation to the conscript service unit of the conscript at the earliest opportunity.

(6) A conscript has the right to apply for the authorisation for leaving the conscript service unit unless it hinders the conduct of the military training or performance of duties.

(7) The procedure for authorisation for leaving the conscript service unit is established by a directive of the Commander of the Defence Forces.

§ 53. Transfer of conscript

(1) The transfer of a conscript means the change of his or her conscript service unit where the change is unavoidable in the interests of training and does not involve changing the duration of the conscript service.

(2) The transfer within the same armed service shall be decided by an active serviceman authorised by the Commander of the Defence Forces, the transfer from one armed service or a military unit in the composition of a structural unit in the immediate subordination of the Commander of the Defence Forces to another and between an armed service and a military unit in the composition of a structural unit in the immediate subordination of the Commander of the Defence Forces shall be decided by the Commander of the Defence Forces or a commander authorised by him.

§ 55. Assessment of state of health of conscript

(1) In case a conscript is not capable to perform their duties for more than two consecutive months due to their state of health, the compliance of their state of health with the health requirements for a person liable to mandatory duty to serve in the Defence Forces is assessed in accordance with the procedure established on the basis of section 11 of §26¹ of this Act.

(2) A health care professional appointed by the chief of conscript service shall provide the conscript with treatment recommendations based on his or her state of health and, if necessary, impose restrictions and special conditions for the performance of his or her duties.

§ 56. Termination of conscript service

(1) A conscript shall terminate the conscript service:

1) upon the expiry of the term of conscript service;

2) upon the release from conscript service pursuant to subsections 2 and 3 of this section;

3) upon death;

4) upon being declared missing.

(2) The commander of the conscript service unit shall release the conscript from conscript service before the expiry of the conscript service term if during the conscript service period:

1) the conscript does not comply with or temporarily does not comply the health requirements for a person liable to mandatory duty to serve in the Defence Forces;

2) a conscript becomes a parent or other person maintaining a child, as a result he or she is required to maintain at least one child under three years of age and the maintenance obligation arises from the Family Law Act;

3) a conscript becomes a parent or other person maintaining a child, as a result he or she is required to maintain at least two children and the maintenance obligation arises from the Family Law Act;

4) a conscript becomes a parent or other person maintaining a child, as a result he or she is maintaining alone at least one child who has no other persons with the maintenance obligation, and the maintenance obligation arises from the Family Law Act;

5) a conscript becomes the only person maintaining a person with a severe or profound disability and there are no other persons with the maintenance obligation and the maintenance obligation of a conscript arises from the Family Law Act;

6) a conscript becomes a member of the Riigikogu or the European Parliament;

7) a prohibition to leave the place of residence or the taking into custody has been applied to the conscript as a preventive measure;

8) a court judgment has entered into force sentencing the conscript to actual imprisonment.

(3) The commander of the conscript service unit may release a conscript from conscript service if:

1) serious unexpected family problems of a conscript arise;

2) a conscript who has completed basic military training is admitted to active service;

3) a conscript who has completed initial military training begins to acquire higher education in the specialty of a doctor or nurse;

4) a conscript who has completed basic military training is not appointed to a wartime post.

(4) The basic military training is the training in the course of which basic military knowledge, skills and attitudes necessary for combat action and further service are acquired.

(5) Upon the death of a conscript the conscript service is deemed to be terminated as of the date following the date of his death.

(6) In the case the conscript is declared missing the conscript service is deemed to have terminated if the Police and Border Guard Board have not been capable of the establishment of his or her whereabouts within 12 months as of the day the application for establishment of his or her whereabouts was submitted.

§ 56¹. Termination of conscript service during state of war

Upon the declaration of a state of war a conscript is appointed to a wartime post within three working days and is obliged to enter active service with the mobilization order of the Commander of the Defence Forces to perform the duties of a wartime post or is released from conscript service. A conscript is released from conscript service by the commander of the conscript service unit.

§ 56². Continuation of conscript service

(1) Based on subsection 2 of §56 of this Act, at the request of a person in reserve of up to 27 years of age who has been released from conscript service before the expiry of the conscript service term, and in case the circumstances on which the release before the expiry of the conscript service term cease to exist, the person in reserve may continue conscript service.

(2) In order to continue conscript service, a person in reserve submits a written application to the Defence Resources Agency. The continuation of conscript service is allowed once.

(3) The Defence Resources Agency may reassess the state of health of a person in reserve who has submitted an application for the continuation of conscript service and verify the absence of other circumstances on which the release from conscript service is based.

(4) In the case of continuation of conscript service, the total duration of conscript service, together with previous conscript service, may not be longer than the longest term of conscript service established by the Government of the Republic.

(5) The Defence Resources Agency notifies the person in reserve of the decision on continuation of conscript service at least 30 days before the deadline for continuing conscript service.

(6) A person in reserve has the right to refuse to continue conscript service 15 days before the deadline for continuing conscript service.

(7) A person in reserve who has received a decision on continuation of conscript service is not applied the bases of deferment provided in §§ 41 to 45 of this Act.

(8) A person in reserve who has received a decision on continuation of conscript service is obliged to appear at the conscript service unit for the continuation of conscript service within the term specified in the decision.

(9) A conscript who continues in conscript service is applied the provisions of §§ 48 to 56¹ of this Act during conscript service, unless otherwise provided in this section.

§ 57. Amendment of data in national defence obligation register upon termination and continuation of conscript service

(1) Upon termination of conscript service based on clauses 1 and 2 of subsection 1 of § 56, or upon release from conscript service pursuant to § 56¹ of this Act the Defence Resources Agency records the data of a person liable to national defence obligation in the national defence obligation register as the data of a person in reserve.

(2) Upon the continuation of conscript service, a person inreserve who has arrived at the conscript service unit by the deadline provided in subsection 8 of § 56²of this Act is deemed to be a conscript and the Defence Resources Agency record the data of the person in the reserve in the register of persons subject to the obligation to serve in the Defence Forces as the data of the conscript.

(3) The Defence Forces notify the Defence Resources Agency of the release from conscript service of a person liable to national defence obligation or of their entry into active service on the basis of § 56¹ of this Act.

§ 58. Substitution of mandatory duty to serve in Defence Forces with regular alternative service

(1) Regular alternative service is the compulsory non-military service of a person liable to national defence obligation, who has refused military service for religious or ethical reasons.

(1¹) The Defence Resources Agency decide on the substitution of the mandatory duty to serve in the Defence Forces with regular alternative service based on the reasoned request of a call-up selectee in case the call-up selectee has refused military service for religious or ethical reasons.

(2) A call-up selectee shall submit a request for substitution of the mandatory duty to serve in the Defence Forces with the regular alternative service at the latest 30 days before the date of entering conscript service.

(3) In order to verify the justification of the application for substitution of the mandatory duty to serve in the Defence Forces with regular alternative service, the Defence Resources Agency may:

1) request explanation from the call-up selectee;

2) make inquiries of the place of study or work of the call-up selectee and of the religious organisation specified by the call-up selectee.

(4) The Defence Resources Agency may process the personal data of a person in regular alternative service, including special categories of personal data, in order to assess his or her compliance with the requirements for a person in regular alternative service and to organise alternative.

§ 61. Call-up for and release from regular alternative service

(1) The call-up for regular alternative service is carried out on the same bases and pursuant to the same procedure as for the call-up for conscript service.

(2) A call-up selectee shall be notified of the decision of the Defence Resources Agency on the call-up for regular alternative service, term of regular alternative service and the place of service at the latest 30 days before entering regular alternative service.

(3) A person shall be released from regular alternative service if at least one of the circumstances provided for in clauses 2–7 of subsection 1 of § 39 of this Act exists regarding him.

(4) A call-up selectee who is applying for the release from regular alternative service on the basis of clauses 5–7 of subsection 1 of § 39 of this Act is required to submit an application to the Defence Resources Agency to this effect.

(5) The Defence Resources Agency may summon a call-up selectee who has submitted the application for the release from regular alternative service, require additional documents or decide without thereof whether to release the call-up selectee or refuse to satisfy the request. The Defence Resources Agency shall note the data of the person released from the regular alternative service in the national defence obligation register as the data of a person in reserve.

§ 62. Regular alternative service

(1) A person in regular alternative service shall not, against his will, be required to handle weapons or other means of warfare, practice the use thereof or participate in the maintenance thereof, or handle other means or substances which are intended for the extermination or injury of a person.

(2) In case a person in regular alternative service has been absent from regular alternative service for a total of at least 30 days during three consecutive months of service for health reasons, the compliance of their state of health with the requirements of a person liable to mandatory duty to serve in the Defence Forces is assessed in accordance with the procedure established based on subsection 11 of §26¹ of this Act.

§ 63. Performance of regular alternative service

(1) Upon performance of regular alternative service in a government authority or an agency in the area of government of the government authority a person in regular alternative service shall be subordinated to the head of the authority, in other cases to a person appointed in the administrative contract.

(2) The duties of a person in regular alternative service shall be determined by the agreement between a government authority or an agency in the area of government of the government authority and the Defence Resources Agency which sets out, among other, the working time and holiday, and the rights and obligations of a person in regular alternative service, of the place of service and the Defence Resources Agency.

(3) The Defence Resources Agency may authorise a local government or a legal person governed by private law under the administrative contract to perform the regular alternative service in the places of service specified in clauses 2 and 3 of subsection 1 of § 59 of this Act.

(4) The authorisation of the performance of regular alternative service shall be decided and the administrative contract shall be signed by the Director General of the Defence Resources Agency.

(5) The provisions of the Administrative Co-operation Act shall be applied to the administrative contract specified in subsection 3 of this section, except for the provisions of subsection 1 of § 15 of the Act referred to.

(6) The place of service, duties, term of contract, working time and holiday of a person in regular alternative service, shall be determined, among other, by the administrative contract, as well as the rights and obligations of a person in regular alternative service, of the Defence Resources Agency and the place of service and the bases and procedure for termination of the administrative contract.

(7) A person in regular alternative service shall be notified against signature of the agreement specified in subsection 2 of this section or of the administrative contract specified in subsection 3 of this section.

(8) The administrative supervision over the performance of the administrative contract concluded on the basis of subsection 3 of this section shall be carried out by the Defence Resources Agency.

§ 64. Guarantees and restrictions of person in regular alternative service

(1) A person in regular alternative service shall be paid a monthly allowance during the regular alternative service.

(2) The amount and procedure for payment of allowance to a person in regular alternative service shall be established by a regulation of the Government of the Republic.

(3) During the regular alternative service the head of the place of service shall grant a holiday of 15 days to a person in regular alternative service.

(4) The head of the place of service may grant additional holiday of up to ten days for excellent service.

(5) A minor child or a minor dependant of a person in regular alternative service is entitled to receive the monthly allowance for a child of a person in regular alternative service if the maintenance obligation arises from the Family Law Act.

(5¹) The extent and procedure for payment of child allowance of a person in regular alternative service shall be established by a regulation of the Government of the Republic.

(5²) The Social Insurance Board shall apply the General Part of the Social Code Act and the general provisions of the Family Benefits Act to the social protection provided for in this Act.

(6) A person in regular alternative service is entitled to service-related guarantees provided for in Chapter 11 of this Act.

(7) A person in regular alternative service shall not disseminate his political and religious views during the stay at the place of service.

§ 65. Ensuring conditions of service for person in regular alternative service

(1) A regulation of working time and rest time provided for in the Employment Contract Act shall be applied to the working and rest time of a person in regular alternative service.

(2) The place of service of a person in regular alternative service shall guarantee that the requirements arising from legislation be met.

§ 66. Suspension of duration of regular alternative service

(1) The duration of regular alternative service shall be suspended on the basis of the decision of the Defence Resources Agency for the period of unauthorised absence of a person in regular alternative service from the place of service.

(2) The contract for regular alternative service shall extend by the period of suspension of the duration of the contract for regular alternative service.

§ 67. Termination of regular alternative service

(1) The regular alternative service shall terminate for a person in regular alternative service:

1) upon termination of the duration of regular alternative service;

2) upon the release from regular alternative service pursuant to subsection 2 of this section;

3) upon death;

4) upon being declared missing.

(2) A person in regular alternative service is released from regular alternative service in case during the period of regular alternative service a person in regular alternative service does not comply or does not temporarily comply with the health requirements for a person liable to mandatory duty to serve in the Defence Forces or at least one of the circumstances provided in clauses 2–8 of subsection 2 and clause 1 of subsection 3 of § 56 of this Act exists.

(3) Upon the death of a person in regular alternative service the regular alternative service is deemed to have terminated from the day following his death.

(4) In the case a person in regular alternative service has been declared missing the regular alternative service is deemed to have terminated if the Police and Border Guard Board have not been capable of the establishment of his whereabouts within 12 months as from the date of submission of an application for establishment of his or her whereabouts.

(5) A person in regular alternative service shall be released from regular alternative service by the Defence Resources Agency.

§ 68. Amendment of data in national defence obligation register upon termination of regular alternative service

(1) Upon the release from regular alternative service and the termination of regular alternative service on the basis of subsection 3 of § 61 of this Act, the Defence Resources Agency shall, in the cases provided for in clauses 1 and 2 of subsection 1 of § 67 of this Act, note the data of a person liable to national defence obligation in the national defence obligation register as the data of a person in reserve.

(2) The rights and liabilities of a person in reserve provided for in this Act which are not in conflict with the conditions provided for in subsection 1 of § 62 of this Act shall be extended to a person who has undergone regular alternative service and has been registered in the national defence obligation register as a person in reserve on the basis of subsection 1 of this section.

§ 69. Duration and organisation of reserve service

(1) A person in reserve may be called up for the reservist training, taking account of the main category of their rank as follows:

1) an officer for up to 12 months in total;

2) a non-commissioned officer for up to nine months in total;

3) a soldier for up to six months in total.

(1¹) A person in reserve may be invited to an additional reservist training at any time.

(1²) The duration of the reservist training period provided in subsection 1 of this section also includes the time spent in reserve alternative service.

(3) The reservist training is a military training organised by the Defence Forces during which:

1) the acquired knowledge and skills are revised and supplemented;

2) co-operation between units is practised;

3) the actions of units upon raising military readiness are practised.

(3¹) Additional reservist training is a test of mobilization readiness organised by the Defence Forces, during which a reservist may be given military training to the extent provided in subsection 3 of this section.

(3²) Active servicemen who take up the duties of a wartime post during reservist training and additional reservist training is appointed by the Commander of the Defence Forces.

§ 69¹. Processing of personal data upon organizing reserve service

The Defence Forces and the Defence Resources Agency may process the personal data, including special categories of personal data, of a person in reserve invited to the reserve service, of a person in reserve who applies to participate in reservist training, in order to assess their compliance with the requirements for a serviceman and organize a reserve service.

§ 70¹. Notification of obligation to participate in reservist training and additional reservist training

(1) A person in reserve is notified of the obligation to participate in the reservist training in the manner provided in subsection 1 of § 15 of this Act at the latest 120 days before the reservist training takes place.

(2) A person in reserve is informed of the obligation to participate in additional reservist training before or during the additional reservist training.

(3) The person in reserve is notified of the obligation to participate in additional reservist training in at least one of the following ways:

1) electronically;

2) by publication of a call-up notice for additional reservist training in at least one national newspaper;

3) by publication of a call-up notice for additional reservist training in television and radio programme services for at least three times in the period between 7.00 and 22.00, leaving at least one hour between each publication;

4) by publishing a call-up notice for additional reservist training on an internet news portal, another internet portal or other relevant web page;

5) in the manner provided in subsection 1 of § 15 of this Act.

(4) In case the obligation to participate in additional reservist training is notified by the publication of a call-up notice in a newspaper, television and radio programme services, internet portal or website, it may only indicate the name of the unit, to the composition of which the persons in reserve appointed to wartime posts belong.

(5) By notifying of the obligation to participate in additional reservist training in the manner specified in subsection 3 of this section, the call-up notice for additional reservist training is deemed to have been served on the person in reserve.

(6) With the written consent of a person in reserve, the employer and educational institution of the person in reserve who has been invited to a reservist training are notified of the obligation to participate in the reservist training at least 30 days before the reservist training takes place.

(7) With the written consent of a person in reserve, the employer of the person in reserve, who has been invited to an additional reservist training, is notified of the obligation of the person in reserve to participate in the additional reservist training before or during the additional reservist training.

§ 71. Obligations of person in reserve

A person in reserve is required to:

1) notify the Defence Resources Agency in a format which can be reproduced in writing about his contact data and the amendment thereof;

2) notify the Defence Resources Agency in a form reproducible in writing about their serious illness and other circumstances which could significantly affect the compliance of their state of health with the health requirements for a person liable to mandatory duty to serve in the Defence Forces and submit documents reflecting their state of health;

3) at the request of the Defence Resources Agency submit data and evidence necessary for the issue of an administrative act with regard to him or for the performance of an act;

4) appear at the Defence Resources Agency or at a place appointed by the agency in order to carry out the necessary acts;

5) participate at the time and place appointed by the Defence Resources Agency in the medical examination or health tests for assessment of the state of and submit the documents certifying the state of health at the request of the Defence Resources Agency.

§ 71¹. Competence of Defence Forces upon suspension of rights and authorisations and refusal of grant thereof

(1) If a person in reserve fails to comply with the obligation to attend the reservist training, the Defence Forces shall warn that the validity of the rights and authorisations of the person listed in subsection 5 of this section may be suspended and grant thereof refused if they fail to comply with the obligation to appear to the reservist training by the term specified by the Defence Forces.

(2) A warning may be delivered together with an invitation prepared during the proceedings of a misdemeanour specified in § 224 of this Act.

(3) The warning shall apply as of service.

(4) If a person does not have the right or authorization specified in subsection 5 of this section, the Defence Forces shall not issue a warning. During the period of validity of one warning the Defence Forces may submit several applications to the administrative court to suspend the rights and authorisations specified in subsection 5 of this section and may refuse to grant thereof.

(5) If a person in reserve fails to perform the obligation specified in the warning to appear to the reservist training by the term specified by the Defence Forces, the Defence Forces may apply to the administrative court for permission to suspend the following rights and authorisations of the person and for refusal of the grant thereof:

1) the hunting right;

2) the driving licence for a motor vehicle;

3) a fishing card;

4) a weapons permit and a weapons acquisition permit;

5) the right to navigate recreational craft and personal watercraft.

(6) An application to the administrative court shall set out:

1) the justification why the Defence Forces deem it necessary to suspend the right or authorisation or to refuse the grant them;

2) the evidence of failure to perform the obligation specified in subsection 1 of this section;

3) the information on the delivery of the warning specified in subsection 1 of this section;

4) other relevant information.

(7) The granting of an authorisation shall be decided on the basis of the provisions of the Code of Administrative Court Procedure on granting permission for administrative proceeding. The Defence Forces and the person for whom the permission is applied for are the participants in the proceeding on deciding on the grant of authorisation.

(8) The administrative court shall deliver the ruling to the participants in the proceeding and to the relevant administrative body competent to suspend the rights and authorisations specified in the permit and refuse to grant them.

(9) Suspension of the rights and authorisations specified in subsection 5 of this section and refusal to grant them shall remain valid until the performance of the obligation specified by the person in the warning, unless otherwise provided by the ruling of the administrative court. The Defence Forces shall immediately notify the relevant administrative authority of the suspension of the rights and authorisations and of the cessation of the circumstances for the suspension and refusal to grant them.

§ 72. Assessment of state of health of person in reserve

(1) Compliance of the state of health of a person in reserve with the health requirements for a person liable to mandatory duty to serve in the Defence Forces is assessed in accordance with the procedure established based on subsection 11 of § 26¹ of this Act.

(2) To a person in reserve, whose state of health cannot be assessed based on the data of the health information system or documents reflecting the state of health, the Defence Resources Agency notifies the time and place for the performance of medical examination and, where necessary, health tests.

§ 73. Duration of participation in reservist training and additional reservist training and number participating reservists

(1) A reservist may participate in the reservist training, taking account of the main category of their rank, consecutively, as follows:

1) an officer for up to 30 days;

2) a non-commissioned officer for up to 21 days;

3) a soldier for up to 14 days.

(2) A reservist may participate in additional reservist training for up to 60 consecutive days.

(3) The time of the reservist training and the limit number of reservists participating therein is established by the Commander of the Defence Forces.

(4) The Defence Forces publishes the time for the reservist training and the limit number of reservists participating therein on its web page at least 150 days before the reservist training meeting.

(5) The Government of the Republic establishes by an order the starting time and maximum duration of the additional reservist training and the limit number of reservists participating therein.

§ 74. Voluntary participation in reservist training

(1) A person in reserve and a person specified in clauses 1¹ and 5 of subsection 3 of § 70 of this Act who volunteers to participate in reservist training is required to submit an application in writing to the Commander of the Defence Force or the commander authorised by the Commander of the Defence Forces for at least 30 days before the commencement of the reservist training.

(2) A person who volunteers to participate in reservist training shall not be applied the provisions of subsections 1 and 2 of § 73 of this Act.

(3) The period of voluntary participation in reservist training shall not be calculated into the duration of reserve service provided for in subsection 1 of § 69 of this Act.

(4) The Commander of the Defence Forces or the commander authorised by the Commander of the Defence Forces may refuse to call up, to the reservist training, a person who volunteers to participate in reservist training, notifying the person of the refusal for at least 15 days before the commencement of the reservist training.

§ 75. Obligations and restrictions of reservist

(1) Upon appearance to the reserve service a person in reserve is required to have with them the items and documents specified in the call-up notice for reservist training or additional reservist training.

(2) In reserve service a reservist is prohibited to possess the items prohibited for a conscript.

(3) The dissemination of the political views of the person is prohibited for a reservist during the reserve service.

§ 77. Medical examination of reservist and assessment of state of health

(1) A doctor appointed by the Commander of the Defence Forces or a commander authorised by the Commander of the Defence Forces perform medical examination on a reservist, where necessary, on the arrival at the place of assembly.

(2) A health care professional appointed by the Commander of the Defence Forces or a commander authorised by the Commander of the Defence Forces commander of a structural unit authorised by the Commander of the Defence Forces give recommendations to a reservist for medical treatment arising from their state of health, and where necessary, imposes restrictions and specific conditions upon the performance of duties.

(3) In case a reservist is unable to perform service duties due to the state of health, the compliance of their state of health with the health requirements for a person liable to mandatory duty to serve in the Defence Forces is assessed in accordance with the procedure established on the basis of subsection 11 of § 26¹ of this Act,

§ 78. Termination of reserve service

(1) Reserve service ends:

1) upon termination of the duration of the reserve service;

2) by releasing a reservist from the reserve service;

3) upon the death of a reservist;

4) in the case a reservist is declared missing;

5) in the case of declaration of a state of war, when obliged to enter active service.

(2) In the event of the death of a reservist, the reserve service is deemed to have ended as of the day following their death.

(3) In case the Police and Border Guard Board has not been able to determine the location of the reservist within 12 months as of the declaration of them missing, the reserve service is deemed to have ended on the day when the Police and Border Guard Board was notified of the disappearance of the person.

§ 80. Guarantees of person in reserve and reservist

(1) A person who is called to reserve service is compensated up to the maximum amount for travel expenses incurred from getting to and from the reserve service.

(2) The conditions, amount and procedure for the reimbursement of travel expenses to a person called to the reserve service are established by a regulation of the minister in charge of the policy sector.

(3) A person in reserve is reimbursed the travel and food expenses related to the stay at the medical commission or health tests for the assessment of compliance with the health requirements for a person liable to mandatory duty to serve in the Defence Forces.

(4) The conditions, amount, and procedure for the reimbursement of travel and food expenses related to the stay at the medical commission or health tests to a person in reserve are established by a regulation of the minister in charge of the policy sector.

(5) A reservist is paid allowance for the period of staying in reserve service.

(6) The amount of and procedure for payment of the allowance for the period of staying in the reserve service are established by a regulation of the Government of the Republic.

(6¹) During the stay in the reserve service, the employer of the reservist may retain or compensate the person their wages or salary or compensate the difference between the wages or salary and the allowance paid for the time of participation in the reserve service.

(7) Transportation, accommodation, and catering are guaranteed to a reservist in the reserve service.

(8) The extent and procedure for catering guaranteed for a reservist is established by a regulation of the minister in charge of the policy sector.

(9) In addition to the provisions of this Act, a reservist has the right to professional guarantees to the extent and according to the procedure provided in Chapter 11 of this Act.

§ 80¹. Reserve alternative service

(1) Reserve alternative service is the participation of a person liable to national defence obligation in the training organised by an institution or person of alternative service provided in subsection 1 of § 59 of this Act.

(2) A person liable to national defence obligation participates in the training to improve the skills and knowledge acquired during regular alternative service or to acquire new skills.

(3) In case a person in reserve refuses to participate in reserve service for religious or ethical reasons, the person is required to submit a motivated application to the Defence Resources Agency for the replacement of military service with alternative service.

(4) An application provided in subsection 3 of this section must be submitted at least 30 days before the commencement of reserve service. An application submitted later does not release a person from the obligation to enter the reserve service.

(5) In the case provided in subsection 3 of this section, the place of the reserve alternative service is decided by the Defence Resources Agency.

§ 80². Processing of personal data upon organization of the reserve alternative service

The Defence Resources Agency and the agency and person provided in subsection 1 of § 59 of this Act may, for the purpose of organising the reserve alternative service, process the personal data of a person in reserve, including special categories of personal data, in order to assess their compliance with the requirements for a person in reserve alternative service at the place of the reserve alternative service.

§ 80³. Call-up to reserve alternative service and obligation to participate in reserve alternative service and duration of reserve alternative service

(1) A person who has completed regular alternative service or a person who has submitted an application specified in subsection 3 of § 80¹ of this Act is called up to the reserve alternative service.

(2) The time of beginning and maximum duration of the training and the limit on the number of persons in reserve alternative service participating in it are established by:

1) in the case provided in clauses 1 to 4 of subsection 1 of § 59 of this Act, by a regulation of the minister responsible for national defence;

2) in the case provided in clause 5 of subsection 1 of § 59 of this Act, the Commander of the Defence Forces.

(3) In order to support the additional reservist training provided in subsection 3¹of § 69 of this Act, the Government of the Republic establishes by an order the time of beginning and the maximum duration of the reserve alternative service and the limit on the number of persons in the reserve alternative service participating.

(4) The Defence Resources Agency calls up for the reserve alternative service.

(5) A person in reserve who has a ground for not being called up for reservist training specified in clauses 1, 1¹ and 6 to 8 of subsection 3 of § 70 of this Act is not called up for the reserve alternative service.

(6) A person to be called up for the reserve alternative service is notified at least 120 days in advance of the obligation to participate in training in the manner provided in subsection 1 of § 15 of this Act.

(7) The Defence Resources Agency publishes on its web page the time of the call-up for the training, the duration of the training and the limit number of the persons in reserve alterative service at the latest 150 days before the beginning of the training.

(8) In order to support the additional reservist training for the reserve alternative service, the person in reserve is called up by the Defence Forces under the conditions and in the manner provided in subsections 2 to 5 of § 70¹ of this Act.

(9) An agency or person provided in subsection 1 of § 59 of this Act submits an application to the Defence Resources Agency for the call-up for the training of persons in the reserve, taking account of the provisions in subsections 2 and 4 to 7 of this section.

(10) A person in reserve alternative service may participate in the reserve alternative service for up to 14 consecutive days.

(11) A person in reserve alternative service may participate in an additional reserve alternative service for up to 60 consecutive days.

(12) The call-up for the reserve alternative service may be made for up to six months.

(13) The duration of reserve alternative service provided in subsection 12 of this section includes also the time spent in reserve service.

(14) The reserve alternative service in support of the additional reservist training isnot included in the duration of the reserve alternative service provided in subsection 12 of this section.

(15) A person in reserve is obliged to appear in the reserve alternative service at the time and place specified in the notice.

§ 80⁴. Medical examination of person in reserve alternative service

A doctor appointed by the head of the institution organising the reserve alternative service carries out, where necessary, a medical examination of the person in reserve alternative service on arrival at the place of assembly.

§ 80⁵. Release of person in reserve from obligation to participate in reserve alternative service

(1) The Defence Resources Agency releases a person in reserve from the obligation to participate in the reserve alternative service in the event of the occurrence of the basis provided for in section 1 of § 76 of this Act.

(2) The Defence Resources Agency may release a person in reserve from the obligation to participate in the reserve alternative service in the event of the occurrence of the ground provided in subsection 2 or clauses 1, 2, or 4 of subsection 3 of §76 of this Act.

(3) A person in reserve who wishes to be released from the reserve alternative service under the circumstances provided in this section must submit an application and a document certifying the corresponding fact at the latest 15 days before the beginning of the reserve alternative service.

§ 80⁶. Termination of participation in reserve alternative service

(1) Participation in the reserve alternative service terminates:

1) expiry of the duration of the reserve alternative service;

2) upon release of a person in reserve alternative service from the reserve alternative service;

3) upon the death of a person in reserve alterative service;

4) in the case a person in reserve alternative service is declared missing.

(2) In the event of the death of a person in reserve alternative service, the participation in the reserve alternative service is deemed to have ended as of the day following their death.

(3) In case the Police and Border Guard Board has not been able to determine the location of the person in reserve alternative service within 12 months as of the time they were declared missing, the participation in the reserve alternative service is deemed to have ended on the day when the Police and Border Guard Board was notified of the disappearance of the person.

§ 80⁸. Guarantees for person in reserve alternative service

(1) A person called up for the reserve alternative service is reimbursed travel expenses to and from the place of assembly up to the limit. The compensation is paid from the budget of the institution or person in which the reserve alternative service is carried out.

(2) The conditions, extent and procedure for reimbursement of travel expenses to a person called up for reserve alternative service are established by a regulation of the minister in charge of the policy sector.

(3) An allowance is paid to a person in reserve alternative service for the time spent in the reserve alternative service. The allowance is paid from the budget of the institution or person where the reserve alternative service is carried out.

(4) The extent and procedure for payment of the allowance to a person in reserve alternative service is established by a regulation of the Government of the Republic.

(5) During the period of participation in the reserve alternative service, the employer of a person in reserve alternative service may maintain or compensate the person for their wages or salary or compensate the difference between the wages or salary and the allowance paid for the period of participation in the reserve alternative service.

(6) In addition to the provisions of this section, a person in reserve alternative service has the right to the guarantees provided for a person in alternative service to the extent and in accordance with the procedure provided in Chapter 11 of this Act.

(7) The costs related to the guarantees provided in subsection 6 of this section are covered from the budget of the area of government of the Ministry of Defence.

§ 80¹⁰. Call-up to emergency reserve alternative service

(1) The Defence Resources Agency calls up for the emergency reserve service.

(2) A person in reserve is informed of the obligation to participate in the emergency reserve alternative service immediately before or during the taking place of the emergency reserve alternative service.

(3) The obligation to participate in the emergency reserve alternative service is notified to the person in reserve in at least one of the following manners:

1) electronically;

2) by publishing a notice on an internet news portal, another internet portal or other relevant web page;

3) in the manner provided in subsection 1 of § 15 of this Act.

(4) The notice of participation is deemed to have been served on the person in reserve by giving notice of the obligation to participate in the emergency reserve alternative service in the manner specified in subsection 3 of this section.

(5) A person in reserve is required to appear in the emergency reserve alternative service at the time and place specified in the notice of participation.

(6) A person in reserve who is staying in a foreign country and who has been called up to the emergency reserve alternative service must appear at the place specified in the notice in Estonia on the prescribed date or immediately contact the nearest foreign mission of the Republic of Estonia.

(7) A person who has contacted a foreign mission of the Republic of Estonia is obliged to appear at a foreign mission or other place designated by the foreign mission by an order of the foreign mission.

(8) Participation in the emergency reserve alternative service is not counted towards the duration of the reserve alternative service provided in subsection 12 of § 80³ of this Act.

§ 80¹². Termination of participation in emergency reserve alternative service

(1) Participation in the emergency reserve alternative service terminates:

1) upon termination of the emergency reserve alternative service;

2) upon the release of a person in reserve alternative servicefrom emergency reserve alternative service;

3) in the event of the death of a person in reserve alternative service;

4) in the event that a person in reserve alternative service is declared missing.

(2) In the event of the death of a person in reserve alternative service, the emergency reserve alternative service is deemed to have terminated as of the day following their death.

(3) In case the Police and Border Guard Board has not been able to identify the location of a person in reserve alternative service within 12 months as of the declaration of them missing, the emergency reserve alternative service is deemed to have ended on the day that the Police and Border Guard Board was notified of the disappearance of the person.

§ 80¹³. Release of person in reserve alternative service from emergency reserve alternative service

A person in reserve alternative service is released from emergency reserve alternative service by the Defence Resources Agency:

1) in case a person in reserve alternative service is unable to participate in the service for health reasons;

2) in case a person in reserve alternative service is subject to a prohibition on leaving the place of residence or taking into custody as a preventive measure;

3) in case a court judgment imposing an actual term of imprisonment on a person in reserve alternative service has entered into force;

4) at the request of an institution or person specified subsection 1 of § 59 of this Act.

§ 80¹⁴. Guarantees for person in reserve alternative service during the emergency reserve alternative service

(1) An allowance is paid to a person in reserve alternative service for the period of time spent in emergency reserve alternative service. The allowance is paid from the budget of the institution or person where the emergency reserve alternative service takes place.

(2) The extent of the allowance and the procedure for payment is established by a regulation of the Government of the Republic.

(3) During the emergency reserve alternative service, a person in reserve alternative service is provided with catering, accommodation and transport by the institution or person where the emergency reserve alternative service takes place.

(4) In addition to the provisions of this section, a person in reserve alternative serviceentitled to the guarantees provided for a person in alternative service to the extent and in accordance with the procedure provided in Chapter 11 of this Act.

(5) The costs related to the guarantees provided in subsection 4 of this section are covered from the budget of the area of government of the Ministry of Defence.

§ 80¹⁵. Processing of personal data upon organizing voluntary service

In order to perform the tasks provided in this Chapter, the Defence Forces and the Defence Resources Agency may process the personal data of a person in reserve who wishes to participate in the performance of the tasks of the Defence Forces, including various types of personal data, in order to assess their compliance with the requirements for a voluntary servant and to organise voluntary service.

§ 80¹⁶. Admission to voluntary service

(1) A person in reserve is admitted to voluntary service who:

1) complies with the health requirements for a person liable to mandatory duty to serve in the Defence Forces;

2) has completed at least basic military training;

3) has passed the background check in accordance with the procedure provided in the Defence Forces Organisation Act.

(2) A person in reserve is not accepted for voluntary service:

1) who is a suspect or accused in a criminal case;

2) who has been convicted and has been deprived by a court decision of the right to work in a post related to military service or other civil service;

3) in whose case there is another circumstance provided by law that precludes acceptance for service.

(3) A person in reserve who wishes to enter voluntary service submits a signed application to the Commander of the Defence Forces or the commander authorised thereby, together with confirmation that they comply with the requirements provided in this Act.

(4) The Commander of the Defence Forces or the commander authorised thereby decide on the acceptance for voluntary service.

(5) Acceptance for voluntary service is formalised by a directive, which indicates at least the following information:

1) given name and surname and personal identification code of the person to be accepted to service;

2) service duties and the powers and right to exercise public authority related to the performance of service duties;

3) organization of direct subordination;

4) location of the service unit;

5) term of service;

6) salary paid to the voluntary servant;

7) reference to contestation.

§ 80¹⁷. Organization of voluntary service

(1) The provisions of §§ 104 and 105 of this Act are applied to the organization of the working and rest time of a voluntary servant.

(2) The provisions of §§ 113–117 of this Act are applied to the secondment of a voluntary servant.

(3) The period of voluntary service is not included in the duration of reserve service provided in subsection 1 of § 69 of this Act.

(4) The provisions of subsections 1 and 2 of § 73 of this Act are not applied to a person in voluntary service.

§ 80¹⁸. Guarantees for voluntary servant

(1) A voluntary servant is paid a salary to the extent and in accordance with the procedure prescribed in the directive.

(2) The provisions of §§ 54–71 of the Employment Contracts Act regarding holidays are applied to a voluntary servant, taking into account special rules provided in this Act. A voluntary servant is granted holidays by the Commander of the Defence Forces or a person authorised by them.

(3) Where necessary, a voluntary servant is provided with meals under the conditions and in accordance with the procedure provided in § 110 of this Act.

(4) A voluntary servant may be accommodated in a room designated for this purpose during the performance of their duties in accordance with the procedure provided in § 111¹ of this Act.

(5) A voluntary servant is entitled to service-related guarantees to the extent and in accordance with the procedure provided in Chapter 11 of this Act.

§ 80¹⁹. Restrictions on voluntary servant and strike ban

(1) In voluntary service, a voluntary servant is prohibited from spreading their political views.

(2) A voluntary servant may be subject to restrictions on freedom of movement in accordance with the procedure provided in § 126¹ of this Act.

(3) A voluntary servant must comply with the provisions of the Anti-corruption Act upon making an action, decision or transaction.

(4) The Civil Service Act is applied to the strike ban on a voluntary servant.

§ 80²⁰. Termination of voluntary service

(1) Voluntary service terminates:

1) upon expiry of the term;

2) in the event of a disciplinary offence committed by a voluntary servant, in case the disciplinary offence was committed intentionally or due to gross negligence or in case, due to the nature of the act, the voluntary servant is unable to continue voluntary service;

3) in the event of a conviction that has entered into force against the voluntary servant, by which they have been sentenced to actual imprisonment;

4) in case the voluntary servant has been convicted and has been deprived by a court decision of the right to work in a post related to military service or other civil service;

5) in case the voluntary servant does not comply or temporarily does not comply with the health requirements for a person liable to mandatory duty to serve in the Defence Forces;

6) in case the voluntary servant is detained or has been arrested;

7) in case the voluntary servant is required to perform the duties of a wartime post on the basis of and in accordance with the procedure provided in § 156¹⁰ of this Act;

8) in the event of the death of a voluntary servant.

(2) In addition to the provisions of subsection 1 of this section, voluntary service may be terminated before the end of the term with the written consent of both parties.

§ 81. Taking of national defence obligation

(1) Every Estonian citizen over 18 years of age who, pursuant to law, is not a person liable to national defence obligation (hereinafter a person not liable to national defence obligation) may undertake national defence obligation.

(2) In order to undertake the national defence obligation a person who is not liable to national defence obligation is required to submit a written application to the Defence Resources Agency.

(3) After receiving the application, the Defence Resources Agency shall enter the data of a person not liable to national defence obligation into the national defence obligation register as the data of a person applying to undertake the national defence obligation.

(3¹) The Defence Resources Agency may process the personal data, including special categories of personal data, of a person applying for the national defence obligation in order to assess his or her compliance with the requirements of a person liable to national defence obligation.

(4) By the decision of the Defence Resources Agency a person wishing to undertake the national defence obligation shall not be deemed to be a person liable to national defence obligation if he or she:

1) does not have the Estonian Citizenship;

2) does not have the basic education;

3) is a suspect or the accused in a criminal matter until the termination of the criminal proceedings;

(4) the person is a detainee for the purposes of the Imprisonment Act;

5) a court judgment on the punishment of the person with an actual imprisonment of more than one year has entered into force;

6) does not comply with or does not temporarily comply with the health requirements for a person liable to mandatory duty to serve in the Defence Forces or an active serviceman;

7) has failed to perform, without good reason, the acts necessary for the making of the decision by the Defence Resources Agency by the term or has refused thereof.

(4¹) The compliance of the state of health of a person applying for the national defence obligation with the health requirements of a person liable to mandatory duty to serve in the Defence Forces is assessed in accordance with the procedure established based on subsection 11 of § 26 of this Act.

(5) A person applying for the national defence obligation, whose state of health cannot be assessed on the basis of the data of the health information system or documents reflecting the state of health, is notified by the Defence Resources Agency of the time and place appointed for the medical examination and, where necessary, for conducting health tests.

(5¹) The conditions, extent and procedure for the reimbursement of travel and food expenses related to the stay at a medical examination or health test in order to assess the state of health of a person applying for the national defence obligation is established by a regulation of the minister in charge of the policy sector.

(6) Upon establishment as a person liable to national defence obligation the Defence Resources Agency shall note the data of a person not liable to national defence obligation in the national defence obligation register as follows:

1) the data of a male person up to 27 years of age (inclusive) as the data of a call-up selectee;

2) the data of a male person of 28 years of age and older as the data of a person in reserve;

3) the data of a female person as the data of a person in reserve except in the case provided for in § 82 of this Act.

(7) Upon a failure to be established as a person liable to national defence obligation a person has the right to submit a new application for undertaking the national defence obligation if the circumstances provided for in clauses 1–6 of subsection 4 of this section cease to exist.

(8) The national defence obligation cannot be waived after a person has been established as a person liable to national defence obligation, and he or she shall have the same rights and obligations as other persons liable to national defence obligation.

(9) Upon refusal to establish a person as a person liable to national defence obligation the Defence Resources Agency shall delete the data of the person from the national defence obligation register.

(10) The national defence obligation undertaken voluntarily terminates upon attaining 61 years of age if a person does not submit a written application for continuing the national defence obligation.

(11) A person of 61 years of age and older may undertake the national defence obligation under the conditions and in the procedure provided for in this section.

(12) The national defence obligation of a person of 61 years of age who has been established as a person liable to national defence obligation on the bases provided for in subsection 10 and 11 of this section shall terminate if the person no longer meets the requirements provided for in subsection 4 of this section or upon the death of the person.

§ 82. Conscript service of female person

(1) A female Estonian citizen between the ages of 18 and 27 (inclusive) with at least basic education who is applying for entering conscript service (hereinafter a female person applying for conscript service) is required to submit to the Defence Resources Agency a written application to that effect.

(1¹) The Defence Resources Agency may process the personal data, including special categories of personal data, of a female person applying for the entry into conscript service in order to assess her compliance with the requirements of taking up conscript service.

(2) A female person not liable to national defence obligation who is applying for conscript service is required to submit a written application for taking up conscript service in addition to the application specified in subsection 1 of this section.

(3) The proposal with regard to the number of female persons to be accepted for conscript service, the terms for taking up and duration of conscript service and the distribution of female persons by number between the structural units engaged in training of conscripts for the second year after shall be made to the minister in charge of the policy sector by the Commander of the Defence Forces by 15 August.

(4) The number of female persons to be accepted for the conscript service, the terms for taking up and duration of conscript service and the distribution of female persons by number between the structural units engaged in training of conscripts for the second year after shall be established by a regulation of the minister in charge of the policy sector at the latest on 15 October.

(5) The state of health of a female person applying for conscript service is assessed in accordance with the procedure established based on subsection 11 of § 26¹ of this Act.

(5¹) A female person applying for conscript service, whose state of health cannot be assessed on the basis of the data of the health information system or documents reflecting the state of health, is notified by the Defence Resources Agency of the time and place appointed for medical examinations and, where necessary, for health tests.

(5²) The professional suitability of a female person applying for conscript service, who has been declared to be in compliance with the health requirements for a person liable to mandatory duty to serve in the Defence Forces, is assessed by the Defence Resources Agency in accordance with the provisions of § 35 of this Act.

(5³) Travel and meal expenses incurred by the female person applying for conscript service related to the stay at the assessment of professional suitabilityare reimbursed up to the maximum amount.

(5⁴) The conditions and extent of reimbursement of travel and food expenses related to the stay at the assessment of professional suitability of a female person applying for conscript service and the procedure for the payment of compensation are established by a regulation of the Minister in charge of the policy sector.

(6) By the decision of the Defence Resources Agency the following female person shall not be accepted for conscript service:

1) who has at least one of the bases provided for in clauses 1, 3 and 4 of subsection 1 of § 38 and clauses 3 and 5 of subsection 1 of § 39 of this Act;

2) who does not perform at least one of the obligations provided for in clauses 1–6 and 8 of subsection 1 of § 40 of this Act;

4) who has attained 28 years of age.

(7) The Defence Resources Agency shall notify a female person who is applying to undertake conscript service of the decision on the acceptance for conscript service for at least 90 days before entering conscript service. The time of appearance to conscript service and the conscript service unit shall be set out in the decision on the acceptance for conscript service.

(8) The proceedings for acceptance for conscript service of a female person who is applying for conscript service is suspended once for up to two years in case their state of health is in temporary noncompliance with the health requirements for a person liable to mandatory duty to serve in the Defence Forces.

(9) Upon termination of the suspension of the proceedings for acceptance for conscript service the compliance of the state of health of a female person applying for conscript service with the health requirements for a person liable to mandatory duty to serve in the Defence Forces is assessed in accordance with the procedure provided in subsection 11 of § 26¹of this Act. In case the state of health of a female person applying for conscript service does not temporarily comply with or does not comply with the health requirements for a person liable to mandatory duty to serve in the Defence Forces, their data are deleted from the national defence obligation register.

(10) If a female person applying for taking up conscript service fails to appear at the conscript service unit by the time set out in the decision specified in subsection 7 of this section, she is deemed to have abandoned conscript service. A female person who has entered conscript service shall have the same rights and freedoms as a male conscript.

(11) A female person applying for taking up conscript service shall have the right to abandon conscript service within 90 days as from the entering conscript service. The commander of the conscript service unit, who is notified in writing of the abandonment of conscript service, shall release from conscript service a female person who has entered conscript service. The commander of the conscript service unit shall notify the Defence Resources Agency in writing of the abandonment of conscript service by a female person.

(12) A female person applying for conscript service, whose state of health does not temporarily comply with or does not comply with the health requirements for a person liable to mandatory duty to serve in the Defence Forces, is released from conscript service and is deemed to have renounced conscript service in case they are released from conscript service before the deadline provided in subsection 11 of this section. The commander who formalized the release from conscript service notifies the Defence Resources Agency in writing of the abandonment of conscript service.

(13) The data of a female person who continues in conscript service after the term provided for in subsection 11 of this section shall be noted by the Defence Resources Agency in the national defence obligation register as the data of a conscript. A female person who had no national defence obligation before entering conscript service is deemed to be a person liable to national defence obligation by the decision of the Defence Resources Agency and the data with regard to her shall be noted in the national defence obligation register of persons as the data of a conscript.

(14) The data of a female person who waived conscript service and had no national defence obligation before entering conscript service shall be deleted from the national defence obligation register unless she submits, before the abandonment, a written application to the Defence Resources Agency for the national defence obligation. The person who submitted the application shall be deemed a person liable to national defence obligation by a decision of the Defence Resources Agency.

(15) A female person who was liable to national defence obligation before entering conscript service shall not be released from national defence obligation after the abandonment.

(16) A female person applying for taking up conscript service who was not accepted for conscript service has the right to submit a new application for the acceptance for conscript service if the circumstances provided for in clauses 1 and 2 of subsection 6 of this section cease to exist.

(17) A female person applying for conscript service who has abandoned conscript service may apply to continue conscript service.

(18) In the case of application for the continuation of conscript service specified in subsection 17 of this section, the provisions of § 56² of this Act apply to a female person applying for conscript service.

(19) Upon continuation of conscript service by a female person applying for conscript service the right to abandon conscript service provided in subsection 11 of this section is not applied.

(20) In the case of continuation of conscript service, the Defence Resources Agency records the data of a female person applying for conscript service as the data of a conscript in the national defence obligation register.

§ 83. Acceptance for active service

(1) A person to be accepted for active service is a person who:

1) is an Estonian citizen;

2) has full active legal capacity;

3) is proficient in the Estonian language at the required level;

4) has at least the basic education;

5) has the required physical preparation;

6) is in compliance with the health requirements for an active serviceman;

7) is a person liable to national defence obligation;

8) is at the age of 18–60.

(2) A person wishing to take up active service shall submit to the Commander of the Defence Forces or a commander authorised by him or her through the Defence Resources Agency:

1) a signed application together with the confirmation that he or she complies with the requirements provided for by law;

2) a curriculum vitae;

3) a certificate or diploma for the required qualification or education;

4) a personal identification document;

5) other documents required by law or on the basis of law.

(3) The Estonian language proficiency of an active serviceman shall be assessed in the procedure provided for in the Language Act or legislation on the basis thereof.

(4) The procedure for acceptance for active service shall be established by a regulation of the minister in charge of the policy sector.

(5) The Defence Forces and the Defence Resources Agency may process the data of a person applying for active service or who is in active service, including special categories of personal data, in order to assess his or her compliance with the requirements for an active serviceman and suitability for active service.

§ 84. Organisation of competition

(1) In the case it is impossible to fulfil the peacetime post through the appointment of an active serviceman in active service to the post, a competition shall be organised to fill the peacetime post.

(2) The Civil Service Act shall be applied to the organisation of the competition.

§ 85. Decision on acceptance for active service

(1) The acceptance for active service shall be decided by the Commander of the Defence Forces or a commander authorised by him or her.

(2) The acceptance for active service shall be formalised by an order in which at the least the following data are indicated:

1) given name and surname and personal identification code of the person to be accepted into the service;

3) ;

6) reference to challenge.

(3) In addition to the provisions of subsection 2 of this section the name of the educational institution, the duration of studies and the cost of a study place shall be indicated in the directive on the acceptance for active service of an active serviceman who is taking up studies as a cadet.

(4) The location of the peacetime post of an active serviceman is the local government of the location of the peacetime post indicated in the job description.

(5) The locality of the peacetime post of an active serviceman is the territory where the active serviceman performs the duties of the post.

(6) An active serviceman shall be in active service as from the date of entering the service. The date of entering the service shall not be earlier than the date of the directive on the acceptance for active service.

§ 86. Persons who are not accepted for active service

The following person shall not be accepted for active service:

1) who is a suspect or accused in a criminal matter;

2) a person under punishment for an intentionally committed criminal offence;

3) has been convicted and deprived by a court judgment of the right to work in a post related to military service or in a post related to any other civil service;

4) who has been released from military service or a post in any other civil service if less than a year has passed from the release;

5) who is a member of a political party;

6) who has been registered by the electoral committee as a candidate in the elections of the Riigikogu, the European Parliament or the local government council.

7) with regard to whom another circumstance provided by law occurs which would preclude acceptance for service.

§ 87. Term of active service

(1) Acceptance for active service shall be for up to five years unless otherwise provided for in this section.

(2) A cadet shall be accepted for active service for the period of double the standard period of study in the study programme.

(3) An active serviceman who is sent to resource-intensive training is accepted for active service for up to ten years, taking account of the cost or duration of the resource-intensive training in accordance with the regulation established based on subsection 7 of § 156 of this Act.

(4) Subsections 2 and 3 of this section shall not be applied to an active serviceman who has a service relationship for an unspecified term.

(5) Active service may be taken up repeatedly. The term of the active service shall not be extended unless otherwise provide for by law.

(6) An active serviceman who has been in active service uninterruptedly for at least ten years shall be accepted into active service for an unspecified term.

(7) Active service is deemed to be uninterrupted if active service relationship continues from the day following the day of termination of the previous service relationship. In case of acceptance for uninterrupted active service a person shall submit the documents provided for in subsection 2 of § 83 of this Act to the Commander of the Defence Forces or a commander authorised by him or her.

(8) An active serviceman accepted for active service for a specified term determined on the basis of subsections 2 and 3 of this section, whose term of service indicated in the directive on acceptance for active service is later than the time of the creation of the right for acceptance for active service for an unspecified term provided for in subsection 6 of this section, shall be deemed to have been accepted for active service for an unspecified term without the termination of his or her active service as from the day of creation of the right for acceptance for active service for an unspecified term. Upon acceptance for active service for an unspecified term the obligation of the person to serve in active service shall not be interrupted until the end of the double standard period of the study programme or until the expiry of the term indicated in the directive on the acceptance for active service for an unspecified term.

§ 88. Application of probationary period

An active serviceman shall not be applied a probationary period.

§ 89. Annulment of acceptance for active service

(1) A person with the authority to accept for active service shall repeal the directive with regard to acceptance for active service if:

1) a person accepted for active service submits an application to that effect before the date appointed for entering the service;

2) circumstances provided for by law which preclude the acceptance for active service become evident before entering the service;

3) a person has failed to enter the service by the specified term without a good reason;

4) a person refuses to take the oath of office of a serviceman.

(2) An active serviceman is required to notify the Defence Forces immediately if circumstances arise which preclude the acceptance of him or her for the service pursuant to subsection 1 of § 83 or § 86 of this Act.

(3) A good reason specified in clause 3 of subsection 1 of this section is a serious unexpected family problem or illness of a person. The entering of active service may be postponed due to a serious family problem or illness of a person on the agreement between the parties. A person with the authority to accept for active service shall decide on the deferment of entering active service.

(4) A person the acceptance for active service of whom has been cancelled is obliged to return everything received due to acceptance for active service and reimburse the damages which were created due to the annulment of the directive.

(5) The annulment of the acceptance for active service shall not release a person from national defence obligation unless otherwise provided for by law.

§ 90. Age limit for active serviceman

The age limit for an active serviceman is the retirement age provided for in § 7 of the State Pension Insurance Act.

§ 91. Tenure of active service

The tenure of active service is the time spent in military or alternative service, taking account of the specifications provided for in this Act.

§ 92. Appointment to peacetime post

(1) An active serviceman shall be appointed to a peacetime post by the Commander of the Defence Forces, or a commander authorised by him or her.

(2) An active serviceman shall be appointed to a peacetime post on the initiative of an active serviceman or in the interests of the service.

(3) The following active serviceman may be appointed to a peacetime post:

1) who has the education required for post;

2) who has the military rank required for the post;

3) who has the military training required for the post;

4) who is not the spouse, registered partner or person in a marriage-like relationship (hereinafter unmarried partner) of the immediate commander of the post, or a grandparent of an active serviceman, a parent or descendant of a parent of the immediate commander of the post or their spouse, registered partner or their unmarried partner, including a child or grandchild. An adoptive parent and a foster parent are also deemed to be a parent in this Act, and an adopted child, and a foster child is also deemed to be a descendant. The specified restriction also applies upon the appointment of an active serviceman to a post of an immediate commander of the persons specified above;

5) who has a personnel security clearance to state secrets classified at the level required for the post;

6) who complies with the health requirements for the post;

7) who complies with the requirements for physical fitness for the post.

(4) A prior written consent of an active serviceman is required upon appointment of the active serviceman to a lower peacetime post in the interests of the service.

(4¹) Upon appointment to a new peacetime post in the interests of the service the basic salary of an active serviceman may be reduced by up to ten per cent. The reduction in the basic salary upon appointment to a new peacetime post may not be applied again until five years have elapsed.

(5) The location and locality of the peacetime post, where the duties are performed, and the basic salary shall be indicated upon the appointment of an active serviceman to a peacetime post.

(5¹) The location of the peacetime post of an active serviceman is the local government of the location of the peacetime post.

(5²) The locality of the peacetime post of an active serviceman is the territory in which the active serviceman performs the duties of the post.

(6) A person without the education, military rank and training specified in clauses 1–3 of subsection 3 of this section may be appointed to a peacetime post if the military training or education can be acquired in Estonia only in the Defence Forces.

(7) The provisions of clause 5 of subsection 3 of this section shall not be applied upon the acceptance for active service and appointment to a peacetime post which presume having a personnel security clearance to state secrets classified at the „top level“ required for the post until the decision of the competent authority. An active serviceman, to whom a personnel security clearance to state secrets required is not issued, shall be appointed to a new peacetime post or released from active service for the reason that unexpected circumstances have become evident.

(8) A person who is appointed to a peacetime post under the conditions specified in subsection 6 of this section is required to undergo military training required for the post or obtain education within two years as of the date of being appointed to a post. Upon failure to undergo the required military training or acquire the education the active serviceman is transferred to the previous peacetime post in the Defence Forces or is released from active service due to incompliance with the requirements for peacetime post.

(9) The name of the educational institution, duration of studies and cost of a study place shall be indicated in the directive on the appointment to a post of a cadet in active service for an unspecified term.

(10) The Defence Forces may process the personal data of a person to be appointed to a peacetime post, including special categories of personal data, in order to assess his or her compliance with the requirements of the post.

§ 92¹. Fingerprinting of active serviceman involved in explosive ordnance disposal operations and taking DNA sample from him or her

(1) An active serviceman who is involved in explosive ordnance disposal operations in the peacetime shall be fingerprinted and a DNA sample shall be taken from him or her for the purposes of eliminating the traces left by the active serviceman on the object of analysis.

(1¹) Upon fingerprinting the fingerprints and palm prints and scribe palm prints are taken from both hands of an active serviceman.

(2) The list of peacetime posts, the active serviceman serving in which shall be fingerprinted and from whom a DNA sample shall be taken, shall be established by a directive of the Commander of the Defence Forces.

(3) Biometric data obtained by fingerprinting of an active serviceman are entered in the automated biometric identification system database, the biographical data of the active serviceman in a pseudonymised form and the data relating to the taking of fingerprinting data and the data on the taking of a DNA sample and its analysis are entered in the national biometric register for offence proceedings.

(4) The information obtained as a result of fingerprinting an active serviceman and analysing his or her DNA sample shall be deleted from the national databases after three years have passed as of the release of the active serviceman from active service. The Defence Forces shall notify the Estonian Forensic Science Institute of the need to delete the information concerning the active serviceman from the national databases.

(5) The procedure for fingerprinting and taking a DNA sample of an active serviceman and transfer of data obtained by fingerprinting and taking DNA samples shall be established by a regulation of the minister in charge of the policy sector.

(6) The information provided for in subsection 3 of this section is restricted information and is intended for internal use from entry in the database until deletion from state registers.

§ 94. Job description

(1) The Civil Service Act shall apply to the establishment, amendment and requirements of the job description.

(2) The competence of the establishment of a job description shall be provided for in the statutes of a structural unit of an authority of the peacetime post of an active serviceman.

(3) A job description shall not be established for a wartime post. The duties of the wartime post shall be determined by the Commander of the Defence Forces, or a commander authorised by him or her.

§ 95. Evaluation of compliance with requirements for peacetime post

(1) The immediate commander of the military serviceman shall evaluate the compliance of the military servicemen in his or her subordination with the peacetime post for at least once per year.

(2) The compliance of the military serviceman with the requirements for a peacetime post, his or her current professional development, the performance of the duties and the need for training shall be evaluated during the evaluation, the duties of the military serviceman for the next period shall be discussed and also the military serviceman shall give feedback to the commander about management.

(3) The evaluation of the compliance with the requirements for a peacetime post may be postponed for to the next year if;

1) the active service relationship of an active serviceman has been suspended during the year preceding the year of evaluation for over six months altogether, except for holidays;

2) the active service relationship of an active serviceman has lasted for less than six months;

3) the active service relationship of the immediate commander of an active serviceman military serviceman has lasted for less than four months immediately prior to evaluation.

(4) The evaluation of the compliance with the peacetime post shall be objective and handle the performance and development of the military serviceman.

(5) The outcome of the evaluation of the compliance with the peacetime post shall be formalized in writing.

(6) The procedure for the evaluation of the compliance with the requirements for the peacetime post shall be established by the Commander of the Defence Forces.

(7) The assessment provided in this section is not applied to a student of an institution of professional higher education for national defence. The immediate commander of the student verifies whether the student is in compliance with the requirements for health and physical preparation.

§ 96. Taking account of evaluation results

(1) If it becomes evident as a result of the evaluation that an active serviceman is in noncompliance with the requirements for a peacetime post, the military serviceman shall be appointed to a peacetime post with which he or she complies or shall be released from service.

(2) An active serviceman who, resulting from evaluation, does not comply with the requirements for a peacetime post, cannot be presented for the grant of a new military rank.

§ 97. Challenge of evaluation results

(1) An active serviceman may challenge the results of the evaluation of the compliance with the requirements for a peacetime post by the immediate commander of the commander who conducted the evaluation within ten working days as of becoming aware of the evaluation results.

(2) The challenge that is filed against the results of evaluation of the compliance with requirements for a peacetime post, carried out by the Commander of the Defence Forces, shall be reviewed by the Commander of the Defence Forces.

(3) The commander who reviews the challenge submitted against evaluation results shall review the challenge and notify of his or her decision within ten working days as of the date of filing the challenge.

(4) If the direct commander of the immediate commander finds that the challenge is justified, he or she shall carry out a new evaluation of the compliance of the active servicemen who submitted the challenge with the requirements for a new peacetime post within reasonable time.

§ 98. Medical examination of active serviceman and evaluation of compliance with health requirements

(1) The compliance of an active servicemen with health requirements is assessed in accordance with the procedure established on the basis of subsection 11 of § 26¹ of this Act:

1) before enlistment into active service;

2) in the case of active service for unspecified term or specified term every third year after commencement of uninterrupted active service unless a shorter term is provided in the previous assessment of the state of health;

3) after the termination of temporary incapacity for work, in case the service relationship of the active serviceman has been suspended for more than 60 consecutive days due to temporary incapacity for work.

(2) A person applying for active service must give consent to the use of the personal data about them in the health information system for assessment of the compliance of the active serviceman with the health requirements for an active serviceman

(3) An active serviceman to be seconded on an international military operation is required to undergo medical examination and, where necessary, health tests within 30 days before the commencement of the secondment and within 90 days after the termination of the secondment.

(4) The procedure for conducting medical examination and health tests specified in subsection 3 of this section are established by the Commander of the Defence Forces.

(5) Participation in medical examinations and assessments of the compliance with the requirements for health is compulsory.

(6) A health care professional, appointed by the commander of the structural unit of the peacetime post of an active serviceman gives recommendations for medical treatment arising from the state of health of the active serviceman and, where necessary, imposes restrictions and special conditions on the active serviceman upon performance of duties.

(7) The health requirements for a peacetime post of an active serviceman are established by the Commander of the Defence Forces or a commander authorised by the Commander of the Defence Forces.

§ 99. Evaluation of physical preparation of active serviceman

(1) An active serviceman is required to attend the evaluation of physical preparation for at least once per year.

(2) The requirements for physical preparation of an active serviceman shall be established by the Commander of the Defence Forces.

(3) The requirements for physical preparation of an active serviceman shall be published on the web page of the Defence Forces.

(4) The procedure for evaluation of the physical preparation of an active serviceman is established by the Commander of the Defence Forces or a commander authorised by the Commander of the Defence Forces.

§ 100. Evaluation of Commander of Defence Forces

The provisions of §§ 95–99 of this Act shall not apply to the Commander of the Defence Forces.

§ 101. Training and reimbursement of training expenses

The provisions of the Civil Service Act shall be applied to the training and reimbursement of training expenses of an active serviceman.

§ 102. Organisation of work of active serviceman

(1) The Civil Service Act shall be applied to working time, limits to working time, organisation of work, on-call time, overtime, night work and working on public holidays, rest period and reduction of working hours of an active serviceman unless otherwise provided for in this Act.

(2) The organisation of working time valid at the place of service or employment shall be applied to the working time of an active serviceman sent to a post or place of employment without military rank in the procedure provided for in this Act.

(3) The block flying time of a crew member of an aircraft of the Defence Forces shall not exceed 900 hours per year.

(4) The performance of an obligation arising from the restriction on the freedom of movement established based on § 126¹ of this Act shall not be counted into the working time.

§ 103. Working time of active serviceman studying at institution of professional higher education for national defence

The activities of an active serviceman who is studying at an institution of professional higher education for national defence which are aimed at fulfilment of the study programme are deemed to be working time and the provisions of the Civil Service Act regulating the working time, limits to working time, organisation of working time, on-call time, overtime, night work and reduction of working hours shall not be applied.

§ 105. Working time and rest period during secondment

(1) In the case of secondment of an active serviceman to an international military operation, long-term assignment abroad or training, the provisions of the Civil Service Act governing working time, restriction on the period of working time, organisation of working time, night work and overtime are not applied

(2) In the cases specified in subsection 1 of this section an active serviceman shall be given at least six hours of rest period per every 24 hours of which four hours of rest period shall be uninterrupted.

§ 106. Holiday

(1) The holiday regulation provided for in §§ 54–71 of the Employment Contracts Act shall apply to an active serviceman, taking account of the specifications provided for in this Act.

1) The holiday regulation provided for in §§ 54–71 of the Employment Contracts Act shall apply to an active serviceman, taking account of the specifications provided for in this Act.

(2) The duration of the annual holiday of an active serviceman is 35 calendar days.

(3) The permission to go on holiday shall be granted:

1) to an active serviceman by the head of the agency or a person authorised by the head;

2) to the Commander of the Defence Forces by the minister in charge of the policy sector;

3) to an active serviceman sent to a non-military employment or post outside the Defence Forces by the head of agency or a person authorise by the head.

§ 107. Unscheduled holiday

An active serviceman shall be granted by the Commander of the Defence Forces, in addition to the holiday specified in subsection 2 of § 106 of this Act, an unscheduled holiday with the retention of the basic salary during the participation in an international military operation or directly after the termination of the international military operation as follows:

1) for up ten calendar days in the case of his or her participation in an international military operation for the period of up to three months;

2) for up 21 calendar days in the case of his or her participation in an international military operation for the period longer than three months.

§ 108. Restrictions on admission to holiday

(1) Due to an unforeseen significant service-related emergency the Commander of the Defence Forces shall have the right to refuse to allow an active serviceman to go on holiday or interrupt his or her leave and call him to resume performance of his or her duties.

(2) The Commander of the Defence Forces may not be allowed to go on holiday, or his or her holiday may be interrupted in the case provided for in subsection 1 of this section and he or she may be called to resume the performance of duties by the minister in charge of the policy sector.

(3) The part of the holiday that has not been used due to refusal going on holiday or interruption of holiday shall be granted directly after the circumstance hindering the using of the leave has ceased to exist or at another time on the agreement between the parties.

(4) The grant of permission to go on holiday may not be refused nor the holiday interrupted if an active serviceman has been admitted on a maternity leave, paternity leave, adoptive parents leave, parental leave or study leave or the unscheduled holiday granted on the basis of § 107 of this Act.

§ 109. Holiday pay

An active serviceman shall be paid a holiday pay on the bases and in the procedure prescribed in the Employment Contracts Act.

§ 110. Catering of active serviceman

(1) Where necessary, an active serviceman shall be provided catering on a military training, on an international military operation, upon establishment of the restriction on freedom of movement provided in § 126¹ of this Act and on board of a vessel and aircraft of the Defence Forces, taking account of the location, nature, duration and other essential conditions.

(2) The conditions, extent, procedure and cost of catering of an active serviceman shall be established by a regulation of the minister in charge of the policy sector.

§ 111¹. Accommodation of active serviceman

(1) During performance of service duties an active serviceman may be accommodated in a room prescribed for that purpose.

(2) An active serviceman shall be ensured accommodation during military training and upon establishment of the restriction on freedom of movement provided in § 126¹ of this Act.

(3) An active serviceman shall not be charged a fee for accommodation.

§ 112. Compensation for resettlement and expenses relating to resettlement

(1) Upon the appointment of an active serviceman to a peacetime post in another local government as a result of which an active serviceman and his or her member of family need to change the permanent place of residence, a lump-sum reimbursement may be paid under the conditions provided for by the Government of the Republic upon resettlement up to the extent of double minimum monthly salary, established on the basis of subsection 5 of § 29 of the Employment Contracts Act.

(2) Upon the resettlement an active serviceman may be reimbursed up to the extent of the maximum rate for the travel expenses, expenses relating to the transport of the property and the removal costs.

(3) The extent, conditions and procedure for reimbursement of the expenses relating to the resettlement shall be established by a regulation of the Government of the Republic.

§ 113. Secondment of active serviceman

(1) The staying of an active serviceman outside the location or locality of the peacetime post upon the performance of their duties within the specified period is deemed to be secondment of an active serviceman.

(2) An active serviceman can be sent on secondment internally or abroad.

(3) The reimbursement of the expenses of the sending on secondment, except for the secondment for the period longer than six months for acquiring education or abroad for the performance of state duties, and the expenses related thereto, including the rate of daily allowance and the conditions and procedure for the payment thereof shall be established by a regulation of the Government of the Republic.

(3¹) In the case of the sending of an active serviceman on consignment for acquiring education the secondment shall be applied the Civil Service Act with the specifications provided for in this Act.

(4) The expenses of the secondment provided for in subsection 1 of this section shall not include the expenses relating to family members unless otherwise provided for in this Act.

(5) The participation in assisting another government authority, including participation in the resolving a recue event or participation in emergency situation work and activities in the state of emergency are not deemed to be secondment.

(6) It is not allowed to send on secondment a pregnant or active serviceman who is raising a child under three years of age or a minor child with disability without a written consent thereof. Other essential circumstances which may hinder the secondment of an active serviceman shall be taken account of.

(7) A peacetime post shall be retained for an active serviceman during secondment and the payment of the salary shall be continued.

(8) The interruption of secondment due to holiday shall not be deemed the termination of the secondment.

§ 114. Internal secondment

(1) An active serviceman may be sent on secondment internally:

1) for up to 30 days for the performance of a temporary task;

2) for the performance of a service duty in another structural unit;

3) for acquiring education.

(2) The sending of an active serviceman on secondment internally shall be decided by the Commander of the Defence Forces or commander authorised by him unless otherwise provided for in this Act.

§ 115. Secondment abroad

(1) An active serviceman may be sent on secondment abroad:

1) for up to six months in a short term;

2) for acquiring education for up to five years;

3) to participate in an international military operation;

4) for the performance of state duties in a foreign state for longer than six months (hereinafter long-term secondment abroad).

(2) The secondment of an active serviceman abroad is decided by the Commander of the Defence Forces, or a commander authorised by the Commander of the Defence Forces, unless otherwise provided in this Act.

§ 116. Secondment to participate in international military operation

(1) The presumption for the participation in an international military operation is the decision of the Riigikogu or the Government of the Republic.

(2) An active serviceman may be assigned on secondment to participate in an international military operation if double the period of his or her former secondment has passed from his or her prior participation in an international military operation.

(3) During an international military operation the daily allowance of an active serviceman may be increased.

(4) The conditions, extent and procedure for the increase of the daily allowance of an active serviceman is established by the Commander of the Defence Forces.

§ 117. Long-term secondment abroad

(1) The Civil Service Act is applied to the payment for a long-term secondment abroad, reimbursement of expenses related to the secondment and allowance to spouse and registered partner, with the specifications provided in this Act.

(2) A long-term secondment abroad of an active serviceman is decided by the Commander of the Defence Forces or a commander authorised by the Commander of the Defence Forces.

§ 118. Secondment of Commander of the Defence Forces

The secondment of the Commander of the Defence Forces shall be decided by the minister in charge of the policy sector.

§ 119. Referral of active serviceman

(1) The referral of an active serviceman is the sending thereof to a post or place of employment of no military rank for a specified period of time.

(2) An active serviceman may be referred for up to three years and the term may be extended once by up to three years.

(2¹) An active serviceman may be referred to a security authority for up to three years and the term may be extended twice by up to three years.

(3) The referral of an active serviceman shall be decided by the Commander of the Defence Forces.

(4) An active serviceman shall be notified of the referral at least 30 days before the date of the commencement of the referral.

(5) The secondment of a referred active serviceman shall be decided by the head of the authority of the place of referral pursuant to the legislation regulating the activities of the authority or organisation or other documents.

(6) A referred active serviceman shall observe the order valid in the authority of the place of referral and all the rights and obligations of the post or place of employment valid in the authority of the place of referral shall extend to him her.

(7) Upon referral of an active serviceman his service relationship is deemed to be suspended on the basis provided for in clause 8 of subsection 1 of § 131 of this Act.

§ 120. Duties of active serviceman

The Civil Service Act shall be applied to the legality of the activities of an active serviceman, general obligations, obligation to perform service-related orders, bases for refusal to perform orders, obligation to preserve undisclosed information and transfer records management and property.

§ 121. Substitution of active serviceman

(1) In the absence of an active serviceman he or she shall be substituted by an active serviceman in the post assigned in the job description or an active serviceman assigned by the immediate commander. The commander appointing the substitute shall not be in a lower position than the commander of a structural unit.

(2) In order to fill a peacetime post an active serviceman may be given additional duties in the case the operation of the authority would be hindered due to the absence of an active serviceman and the appointment of a substitute in the post would not be possible or feasible.

(3) The duties of an absent active serviceman may be given:

1) partially to one active serviceman or distributed fully between other active servicemen, without releasing them from the performance of their own duties;

2) partially or fully to one or several other active servicemen releasing them from the performance of their duties either partially or fully correspondingly.

(4) The procedure for substitution of the Commander of the Defence Forces shall be provided in the statutes of the Defence Forces.

(7) An active serviceman may not perform the duties of an absent active serviceman for over 60 days in a calendar year. With the consent of an active serviceman in a format which can be reproduced in writing he or she may perform the duties of an absent active serviceman for a longer period of time.

(8) An active serviceman who is pregnant or is raising a child under three years of age or a child with disability may refuse to substitute for the absent active serviceman.

(9) The restriction on the performance of the duties of an active serviceman provided for in subsection 7 of this section shall not be applied upon the performance of the duties of the Commander of the Defence Forces provided for in subsection 4 of this section.

§ 122. Remuneration paid upon substitution

(1) An active serviceman who substitutes for a temporarily absent or missing active serviceman on the basis of clause 1 of subsection 3 of § 121 of this Act shall be paid additional remuneration in addition to his or her salary unless the substitution arises from the job description or leads to a significant increase in the workload compared to that in the job description. Additional remuneration for the performance of the duties of a temporarily absent or missing active serviceman shall be paid based on the basic salary of the substituted active serviceman in proportion to the volume of the duties of a substituted active serviceman given to the substituting active serviceman.

(2) An active serviceman who substitutes for a temporarily absent or missing active serviceman on the basis of clause 2 of subsection 3 of § 121 of this Act shall be paid remuneration corresponding to the salary paid in his or her own post. If the salary of the substituted active serviceman is higher, a higher salary shall be paid.

(3) Upon payment of additional remuneration for the substitution of a temporarily absent or missing active serviceman the maximum rate of the variable salary provided for in the Civil Service Act shall not apply.

§ 123. Restriction on political party membership

(1) An active serviceman shall not be a member of a political party or be involved in the dissemination of political views during the performance of his or her duties.

(2) An active serviceman shall not use the command or disciplinary authority in the interests of a political party.

§ 124. Membership of organisation or union which possesses weapons

An active serviceman may not belong to an organisation or union which possesses weapons, except for the Estonian Defence League and a hunters' and sports society.

§ 126¹. Restriction on freedom of movement

The Commander of the Defence Forces may, in the interests of military national defence or for the purpose of preventing the spread of an infectious disease, restrict the leaving of active servicemen who are holding a position of a military rank in the Defence Forces from the territory of the Defence Forces after the end of working hours.

§ 127. Procedural restrictions of active serviceman and strike ban

(1) Upon the performance of an act or the making of a decision or the making of a transaction an active serviceman is required to comply with the provisions of the Anti-corruption Act.

(2) The Civil Service Act shall be applied to the strike ban of an active serviceman.

§ 128. Salary arrangement of active serviceman

(1) The Civil Service Act shall be applied regarding the salary, salary components, bases for reduction of salary, time and manner of payment of the salary, payment of the salary upon the impediment to the performance of duties of an active serviceman and the disclosure of the salary unless otherwise provided for in this Act.

(2) The salary scale of a peacetime post of an active serviceman shall be established by a regulation of the minister in charge of the policy sector.

(4) The salary guide shall be established by the Commander of the Defence Forces.

(5) An active serviceman shall not be paid additional remuneration or allowance the right for the payment of which does not arise from the law.

(5¹) An active serviceman may be paid additional remuneration for the time spent in active service, regional specificities and the acquisition of a higher qualification than required.

(5²) The total amount of additional remuneration provided in subsection 5¹ of this section in one calendar year may not exceed 30 per cent of the annual basic salary of the active serviceman.

(5³) The procedure and extent of payment of the additional remuneration provided in subsection 5¹ of this section is established by a regulation of the minister in charge with the policy sector.

(6) The referred active serviceman shall be paid a salary or remuneration by the authority he or she has been referred to pursuant to the current procedure of the authority.

(7) The basic salary is assigned, and salary is paid for the period of stay of an active serviceman in foreign service or long-term secondment abroad on the conditions and in accordance with the procedure provided in the Civil Service Act.

(8) In the case provided in subsection 7 of this section the active serviceman is assigned the salary grade of the peacetime post for the period of the stay in foreign service or long-term secondment abroad.

§ 129. Basic salary of active serviceman appointed by Government of Republic or minister in charge of policy sector

(2) The Commander of the Defence Forces shall not be paid a variable salary.

(3) If an active serviceman is appointed to the peacetime post by the Government of the Republic or minister in charge of the policy sector, his or her basic salary shall be determined by a directive of the minister in charge of the policy sector.

§ 130. Suspension of active service relationship

The suspension of active service relationship is the temporary release of an active serviceman from the obligation to perform duties and the right to execute the public and disciplinary authority entrusted to him and use the command authority.

§ 131. Bases for suspension of active service relationship

(1) The active service relationship shall suspend:

1) for the period of holiday;

2) for the period of temporary incapacity for work for the purposes of the Health Insurance Act;

3) at the request of an active serviceman where the interests of service permit;

4) for the period when an active serviceman is suspended from service due to disciplinary proceedings or another basis provided by law;

5) for the period when an active serviceman is detained or under arrest except for the period of being in the disciplinary arrest;

6) for the period of the participation in an international civilian mission of an active serviceman;

7) for the period of the stay of an active serviceman in foreign service;

7¹) at the request of an active serviceman studying at an institution of professional higher education for national defence for the period of academic leave;

8) in other cases when an active serviceman has been temporarily released from the performance of duties on the basis of the law.

(2) The period of suspension of active service shall be calculated in days, months and years.

(3) In the case of active service for a specified term the total duration of the suspensions of active service granted on the basis of clause 3 of subsection 1 of this section may not be longer than 180 days during the term of active service, but in the case of active service for an unspecified term longer than one year during six years of active service for an unspecified term.

(4) In the case of active service the duration of the suspension of active service granted on the basis of clause 6 of subsection 1 of this section may not be longer than three years. The active service relationship of an active serviceman may be suspended for the period of the participation in an international civilian mission after double the period of the suspension has passed from a previous similar suspension of the active service relationship.

(5) The period of suspension may not exceed the term of expiry of active service prescribed in the directive on the acceptance to active service, except in the case an active serviceman is on a maternity leave, paternity leave, adoptive parents leave or parental leave. The term of expiry of active service for a specified period of an active serviceman who is on a maternity leave, paternity leave, adoptive parents leave or parental leave is postponed by the period spent on holiday.

(6) An active serviceman shall not be paid a salary during the period of suspension unless otherwise provided for by law.

§ 132. Formalisation of suspension of active service relationship

(1) The suspension of active service relationship shall be decided by the Commander of the Defence Forces or a commander with the authority to accept for active service, except for the suspension of service relationship on the basis of clauses 2–4 and 6 of subsection 1 of § 131 of this Act.

(2) If the holiday is prescribed in the holiday schedule, the suspension of the right to execute public authority for the period of the holiday need not be established separately in each individual case.

(3) The suspension of active service relationship on the basis of clause 3 of subsection 1 of § 131 of this Act shall be decided by the Commander of the Defence Forces with the written consent of the commander of unit where is the post of the active serviceman. The period of the suspension of active service on the basis of the specified provision shall not be calculated into the tenure of active service.

(4) The suspension of active service relationship on the basis of clause 6 of subsection 1 of § 131 of this Act shall be decided by the Commander of the Defence Forces. The period of staying on an international civilian mission shall be calculated into the tenure of active service if an active serviceman resumes active service after being called back from the international civilian mission.

(5) The specifications of the suspension of active service relationship on the basis of clause 6 of subsection 1 of § 131 of this Act shall be provided for in the Participation in International Civilian Missions Act.

(5¹) The period of suspension of active service relationship on the basis provided in clause 7¹ of subsection 1 of § 131 of this Act is not included in the tenure of active service.

(6) An active serviceman who is on a parental leave is required to notify about the wish to continue their service in a format which can be reproduced in writing for at least 30 days in advance.

(7) The rights and obligations of an active serviceman prescribed in this Act are not extended to an active serviceman whose service relationship has been suspended on the basis of clauses 3 and 7¹ of subsection 1 of § 131 of this Act unless otherwise provided by law, and the active serviceman is required to notify about their wish to resume the service in a form reproducible in writing for at least 14 days in advance.

(8) The rights and obligations of an active serviceman prescribed in this Act shall not be extended to an active serviceman whose service relationship has been suspended on the basis of clause 6 of subsection 1 of § 131 of this Act and the Participation in International Civilian Missions Act shall be applied with regard to him or her.

§ 133. Release from peacetime post

The following active serviceman shall be released from a peacetime post:

1) who is appointed to a new peacetime post;

2) whose active service relationship terminates.

§ 134. Release upon appointment to new post

(1) An active serviceman shall be released from a peacetime post upon appointment to a new peacetime post:

1) in the interests of service;

2) on the basis of the outcome of the evaluation of the compliance with the post;

3) taking account of the state of health;

4) due to prohibition provided for in clause 4 of subsection 3 of § 92 of this Act;

5) in the case of the noncompliance with the requirements for the post;

6) in the case of the noncompliance with the requirements for the physical preparation for the post.

(2) An active serviceman shall be notified of the appointment to a new peacetime post in a format which can be reproduced in writing for at least seven days before the date of taking up a new post.

(3) An active serviceman who is being appointed to a peacetime post by the Government of the Republic or minister in charge of the policy sector shall be released from the previous peacetime post as of the date immediately preceding the date of appointment to a new post.

(6) In the case of appointment to a new peacetime position based on clause 1 of subsection 1 of this section, the basic salary of an active serviceman may be reduced by up to ten per cent.

(7) A reduction in the basic salary on the basis given in subsection 6 of this section upon appointment to a new peacetime post may not be reapplied before five years have elapsed.

§ 135. Release of active serviceman from position of military rank by Government of Republic or minister in charge of policy sector

(1) An active serviceman shall be released from the post of the Commander of the Defence Forces by the Government of the Republic on the proposal of the minister in charge of the policy sector, taking account of the position of the National Defence Committee of the Riigikogu.

(2) An active serviceman who is appointed by the Government of the Republic or minister in charge of the policy sector shall be released from the peacetime post on the proposal of the Commander of the Defence Forces.

(3) The Government of the Republic may prescribe in the statutes of the Defence Forces the term for advance notice for the release from the peacetime post of an active serviceman, appointed by the Government of the Republic or the minister in charge of the policy sector, which may not be longer than 120 days before the desired date of release.

(4) An active serviceman released from the post of the Commander of the Defence Forces shall be appointed to a new peacetime post with his or her consent. In the absence of the consent an active serviceman shall be released from active service on the basis of clause 1 of subsection 1 of § 140 of this Act and he or she is deemed to be released as of the date following the date of the release from the post. An active serviceman who has exceeded the age limit shall be released due to exceeding the age limit without being offered a new peacetime post.

(5) After the release from the peacetime post an active serviceman, appointed by the Government of the Republic or the minister in charge of the policy sector, shall be appointed to a new peacetime post as of the day immediately following the day of release from the peacetime post or shall be released from active service pursuant to the procedure provided in this Act.

(6) Upon release of an active serviceman from the post of the Commander of the Defence Forces or release from the peacetime post provided in the statutes of the Defence Forces pursuant to the procedure provided in subsections 1–5 of this section, the active serviceman is deemed released also from the same wartime post of the Defence Forces.

§ 136. Specifications of release from peacetime post

(1) An active serviceman whose active service relationship has been suspended shall not be released from peacetime post except in the case provided for in clause 2 of § 133 of this Act.

(2) During the suspension of an active service relationship, an active serviceman may be released from a peacetime post and appointed to a new peacetime post:

(1) who has suffered health damage in an international military operation and whose assignment abroad is terminated as a result;

2) with regard to whom a decision has been made on the release from a peacetime post and appointment to a new peacetime post, of the active serviceman has been notified of in a form reproducible in writing before the suspension of the active service relationship.

(3) In the case provided in clause 1 of subsection 2 of this section, an active serviceman may be appointed to a new peacetime post without taking account of the requirements specified in clauses 6 and 7 of subsection 3 of section § 92 of this Act. An active serviceman may be appointed to the post for up to 180 days and this period may be extended once by up to 180 days in case the need to continue treatment is established on the basis of clause 4 of subsection 1 of section §26 of this Act.

(4) The special rules provided in subsection 3 of this section are applied until the assessment of the compliance of the active serviceman with the requirements for health, but not for longer than until the expiry of the term specified in subsection 3 of this section. Upon termination of the implementation of the special rules, an active serviceman must be appointed to a post whose requirements the active serviceman meets or, in the absence of a suitable peacetime post, released from active service due to noncompliance with the requirements for the peacetime post.

§ 137. Exclusion of active serviceman from post for period of disciplinary proceedings

(1) A commander with the authority to impose a disciplinary penalty in entitled to exclude an active serviceman from a peacetime post for the period of disciplinary proceedings, transferring him or her temporarily to another peacetime post or releasing him or her from the performance of duties.

(2) An active serviceman who is temporarily transferred to another peacetime post shall be retained his or her current basic salary for the period of disciplinary proceedings.

(3) An active serviceman who is released from the performance of duties on the basis of subsection 1 of this section shall be retained the average basic salary of the last six months in the amount of 60 per cent for the period when he or she was released from the performance of duties, but not less than the minimum rate of remuneration established on the basis of subsection 5 of § 29 of the Employment Contracts Act.

(4) A commander with the authority to impose a disciplinary penalty is required to notify a competent structural unit within five working days of the release of an active serviceman from peacetime post for the period of disciplinary proceedings for withholding the basic salary and variable salary.

(5) If the guilt of an active serviceman is not proved to the extent which would lead to the release of him or her from active service, he or she shall be paid the unpaid basic salary and variable salary afterwards within 15 working days as of the termination of disciplinary proceedings.

§ 138. Exclusion of active serviceman from post for period of criminal procedure

(1) If an active serviceman is a suspect or accused of an offence provided for in Chapter 15, Subchapter 2 of Chapter 17 or §§ 435 or 447 of the Penal Code for which at least a five years' imprisonment is prescribed in the Penal Code, the unit commander of the peacetime post may transfer the active serviceman to another post without his or her consent, retaining the current salary.

(2) If it is impossible to transfer an active serviceman to another peacetime post, he or she may be imposed duties outside the post and exclude partially or fully from the performance of the duties arising from the job description.

(3) An active serviceman who is fully excluded from the performance of the duties on the basis of subsection 2 of this section, shall be retained the average basic salary of the last six months to the extent of 60 per cent for the period when he or she was fully excluded from the performance of the duties.

(4) The commander who excluded an active serviceman fully from the performance of the duties is required to notify a competent structural unit thereof within five working days for the withholding of the basic salary and variable salary.

(5) If the guilt of an active serviceman does not find proof to the extent which would lead to the release of him from the post, he or she shall be paid the unpaid basic salary and variable salary afterwards within 15 working days as of the termination of the criminal procedure.

§ 139. Termination of active service relationship

(1) The active service relationship shall terminate for an active serviceman:

1) upon the release from active service;

2) upon the death.

(2) The Commander of the Defence Forces or a commander authorised by him or her shall terminate the active service relationship with an active serviceman unless otherwise provided for in this Act.

(3) Upon the release of an active serviceman the active service relationship is deemed to have terminated as of the date set out in the directive unless otherwise provided for by law.

(4) Upon the death of an active serviceman the active service relationship is deemed to have terminated as of the day following the day of death.

(5) The directive on the termination of active service relationship shall include at least the following data:

1) given name and surname and the military rank of an active serviceman;

2) title of the peacetime post in which the active serviceman was employed;

3) reasoning of the termination of active service relationship;

4) the basis for termination of active service relationship with the precise reference to a provision of the act;

5) the compensation paid to the active serviceman, including the compensation for the unused days of holiday if the release is accompanied with the payment of compensation;

6) the date of termination of active service relationship;

7) reference to challenge.

(6) A person who has been in active service and who has no national defence obligation is a retired serviceman.

§ 140. Bases for release from active service

(1) An active serviceman shall be released from active service:

1) at his or her own request;

2) upon the expiry of the term of active service;

3) upon reaching the age limit;

4) in the event of the noncompliance with the requirements for acceptance for active service;

5) in the event of the noncompliance with the requirements for a peacetime post;

6) upon the entry into force of the conviction;

7) in the event of a disciplinary offence;

8) in the event of lay-off;

9) on the proposal of the Defence Forces;

10) upon the exmatriculation before the completion of the study programme in case the person is not appointed to another peacetime post;

11) upon the appointment to a post outside military service;

12) upon becoming a member of the Riigikogu, the European Parliament of local government council;

13) when unexpected circumstances become evident.

(2) The expenses or damage incurred in connection with the release from active service shall be compensated for in the procedure provided by law.

(3) The basis for the release provided for in clause 10 of subsection 1 of this section shall not be applied to a cadet who was recruited to active service for an unspecified term before taking up studies.

(4) An active serviceman who is released from active service before the double period of the standard period of the study programme set out in the directive on the acceptance for active service based on clauses 1, 4–7 or 10–13 of subsection 1 of this section, compensates for half the cost of the semesters completed to the Defence Forces in addition to the provisions of subsection 2 of this section

(4¹) An active serviceman in active service for an unspecified term who is released from active service before the expiry of the period of study specified in the directive on the appointment to a peacetime post on the basis of clauses 1, 4–7 or 11–13 of subsection 1 of this sectionis required to, in addition to the provisions of subsection 2 of this section, reimburse the Defence Forces for half the cost of the semesters completed.

(5) An active serviceman who has received a health damage due to the performance of duties or due to activities not involving his or her wrongful action and whose state of health is in noncompliance with the health requirements for an active serviceman on the decision of the medical commission and who is released, as a result, from active service on the basis provided for in clause 5 of subsection 1 of this section, is not required to compensate for half the cost of the semesters completed.

(6) An active serviceman is deemed to be a person in reserve as of the date following the date of the release from service unless otherwise provided for in this Act. The Defence Resources Agency shall be notified of the release.

§ 141. Final settlement

(1) Upon the release from active service the authority of the last peacetime post of an active serviceman shall pay the final settlement at the latest on the date of the release from service.

(2) Upon failure to pay the final settlement by the due date, the authority is required to pay the basic salary to an active serviceman for each working day by which the payment of the final settlement is delayed but not more than one month’s salary of the active serviceman.

(3) Upon the release of an active serviceman from active service the authority is required to withhold from the final settlement the holiday pay for the unused annual holiday and the advance payment paid which the active serviceman is required to return to the authority.

(4) In case an active serviceman continues in active service without interruption or an employment contract is entered into with the active serviceman in the Ministry of Defence, the Defence League, a government agency in the area of government of the Ministry of Defence or a state agency governed by a government authority, or the active serviceman is accepted to civil service at the Ministry of Defence or a government authority in the area of government of the Ministry of Defence, the active serviceman is not paid the final settlement upon the release from service and their unused holiday is retained.

§ 142. Release from active service at his or her request

(1) An active serviceman shall be released from active service for an unspecified term at his or her request based on a written application submitted to a person with the authority of acceptance for active service. The application shall be submitted for at least 60 days before the desired date of release.

(2) If an active serviceman who is appointed by the Government of the Republic or a minister in charge of the policy sector wishes a release from the peacetime post, he or she is required to submit a written application to the Commander of the Defence Forces, taking account of the term for advance notice for the release from peacetime post provided in the statutes of the Defence Forces. The Commander of the Defence Forces shall forward the application to a body or person with the authority to release from peacetime post at the first opportunity.

(3) An active serviceman may demand unscheduled release from active service for a specified term due to a fundamental breach by the authority, primarily, if:

1) an active serviceman has been treated unworthily or threatened to do so or other military servicemen or third parties are permitted to do so;

2) the payment of the basic salary has been significantly delayed;

3) the continuing in active service is connected with a real threat to the morality and good name of an active serviceman.

(4) An active serviceman may require unscheduled release from active service for a specified term for grave reasons, primarily if the state of health of an active serviceman or family commitments does not allow him or her to perform the work prescribed in the peacetime post.

(5) An active serviceman may require the release from active service for a specified term only within a reasonable period after he or she became or should have become aware of the circumstance forming the basis for cancellation.

(6) An active serviceman who wishes a premature release from active service for a specified term is required to submit a written application together with the reasoning for at least 60 days before the desired date of release. An active serviceman who is appointed by the Government of the Republic or a minister in charge of the policy sector is required to, upon applying for the release from the post at his or her request, take account of the terms for advance notice for the release from peacetime post at his or her request, which are provided in the statutes of the Defence Forces. The Commander of the Defence Forces shall review the application within 30 days as of the submission of the application.

(7) An active serviceman may be released without observing the terms provided for in subsections 1 and 6 of this section with the written consent of both parties.

§ 143. Release from active service upon expiry of term of active service

An active serviceman is deemed to be released from active service as of the date following the final date of active service.

§ 144. Release from active service upon reaching age limit

(1) Upon reaching the age limit an active serviceman in active service shall be released from active service as of the date of reaching the age limit.

(2) The Commander of the Defence Forces shall be released from active service due to reaching the age limit as of the date set out in the order of the Government of the Republic.

(3) An active serviceman who is appointed to the peacetime post by the Government of the Republic or a minister in charge of the policy sector shall be released from active service due to reaching the age limit as of the date set out in the resolution on the release from the post.

§ 145. Release from active service due to noncompliance with requirements for acceptance for active service

(1) An active serviceman shall be released from active service due to the noncompliance with the requirements for active service if circumstances become evident which would preclude the acceptance of him or her for active service pursuant to §§ 83 or 86 of this Act.

(2) The Defence Forces may require from an active serviceman a compensation for the damage which was created due to the payment of the salary to an active serviceman to the extent corresponding to the period during which the active serviceman failed to notify of the circumstance precluding the service relationship specified in clauses 1–5 of § 86 of this Act at least because of negligence for the purposes of this Act but not for more than the basic salary of six months of the active serviceman.

§ 146. Release from active service in event of noncompliance with requirements for peacetime post

(1) An active serviceman shall be released from active service due to the noncompliance with requirements for peacetime post:

1) on the basis of the outcome of the evaluation specified in subsection 1 of § 97 of this Act due to the complete or partial absence of the skills and knowledge required for a peacetime post and if it is impossible pursuant to subsection 10 of § 96 of this Act to transfer the active serviceman to a peacetime post with the requirements of which he or she complies;

2) there is no peacetime post with the health requirements of which an active serviceman complies;

3) in the event of the noncompliance with the health requirements for an active serviceman;

4) upon failure to satisfy the obligation provided in subsection 5 of § 98 or subsection 1 of § 99 of this Act;

5) upon a failure to acquire military training or education required for the post.

(2) An active serviceman may not be released from active service in case the violation of the conditions provided in subsection 5 of § 98 or subsection 1 of § 99 of this Act and violation of the conditions provided in clause 5 of subsection 1 of this section has occurred due to an action or omission of the employer.

(3) In the event of failure to comply with the obligation provided in subsection 5 of § 98 or subsection 1 of § 99 of this Act or subsection 1 of § 99 of this Act, the active serviceman may, by means of an order provided in subsection 5 of § 139 of this Act, be given up to 60 days to eliminate the faults. In case of a failure to eliminate the faults, the active serviceman is released from active service as of the day following the time limit given for the elimination of the faults.

(4) An active serviceman shall be notified in writing of the release on the basis provided for in clauses 1–3 of subsection 1 of this section for at least 15 days in advance, and compensation in the amount of the average monthly salary shall be paid upon the release.

§ 147. Release from active service upon entry into force of judgment of conviction

(1) An active serviceman shall be released from active service upon the entry into force of a judgment of conviction by which he or she was imposed a penalty for intentionally committed criminal offence or a penalty which precludes continuing in active service.

(2) An active serviceman shall be released as of the date following the date of entry into force of the judgment of conviction. If an active serviceman was staying in the custody upon entry into force of the judgment, he or she shall be released from active service as of the date of the taking into custody.

§ 148. Release from active service in event of disciplinary offence

The release from active service in the event of a disciplinary offence is carried out on the bases provided for in § 177 of this Act.

§ 149. Release from active service in event of lay-off

(1) Lay-off is the release of an active serviceman from active service due the reduction in the number of the peacetime posts or reorganisation of the service.

(2) Upon the reduction in the number of peacetime posts in the Estonian Defence League or the reorganisation of the service an active serviceman shall be appointed to a peacetime post in the Defence Forces. If there is no peacetime post in the Defence Forces where to appoint an active serviceman, he or she shall be released from active service due to lay-off.

(2¹) The release from active service due to lay-off is applied the Civil Service Act with the specifications of this Act.

§ 150. Release from active service on proposal of Defence Forces

(1) The Commander of the Defence Forces or a commander with the authority to recruit to active service may make a proposal to an active serviceman for premature termination of the active service relationship for a specified term or for termination of active service relationship for a specified term for at least 30 days before the desired term of termination.

(2) An active serviceman to whom a proposal has been made to terminate the service relationship may not be released without his or her written consent.

§ 151. Release from active service due to exmatriculation before completion of study programme

(1) A cadet is released from active service due to exmatriculation in case the cadet is exmatriculated for unsatisfactory academic achievement or for any other reason before completion of the study programme, and in case there is no peacetime post with the requirements of which the cadet complies with.

(2) A cadet shall be released from active service as of the next day following the day of exmatriculation.

(3) A person released from active service upon exmatriculation before the completion of the study programme may be recruited to active service again if he or she complies with the requirements for acceptance into active service.

§ 152. Release from active service upon appointment to post outside military service

An active serviceman shall be released from active service upon appointment to a post outside military service when he or she becomes a member of the Government of the Republic, the Secretary of State, the Auditor General, the Chancellor of Justice, a judge, a rural municipality mayor or a city mayor.

§ 153. Release from active service upon becoming a member of Riigikogu, European Parliament or local government council

An active serviceman shall be released from active service due to becoming a member of the Riigikogu, the European Parliament or a local government council as of the making of the decision by a competent body to this effect.

§ 154. Release from active service due to unexpected circumstances becoming evident

(1) An active serviceman may be released from active service due to unexpected circumstances that have become evident if:

1) the circumstances reveal the lack of knowledge and skills of an active serviceman to the extent established for the performance of duties, which does not allow him to continue the active service relationship and this could not be foreseen upon acceptance of an active serviceman for active service;

2) the active serviceman is declared missing;

3) there is no consent prescribed in subsection 2 of § 98 of this Act.

(2) The release of an active serviceman on the basis provided for in clause 1 of subsection 1 of this section is not allowed if it is possible, with his or her consent, to transfer him to another peacetime post with the duties which are to a significant extent similar to the duties of the current post and the performance of the duties is possible regardless of the circumstances specified in clause 1 of subsection 1 of this section.

(3) An active serviceman may be released from active service on the basis provided for in clause 1 of subsection 1 of this section if prior to the release he or she has been granted a reasonable term for elimination of faults but an active serviceman has failed to eliminate the faults within the term. The Defence Forces shall organise the training for an active serviceman if the direct or immediate commander of an active serviceman considers it possible to eliminate the faults through training within a reasonable term and if the training does not cause disproportionately large expenses for the Defence Forces.

(4) Before the release of an active serviceman from service he or she shall be given an opportunity to attend an interview. The summary of the interview shall be formalised in writing and forwarded to an active serviceman for the submission of his or her opinion.

(5) An active serviceman shall be notified of the release in writing for at least 15 days in advance. The last day of the active service relationship of an active serviceman is the date set out in the notice of release from active service.

(6) An active serviceman shall be deemed to be missing if the Police and Border Guard Board have not been capable of the establishment of his or her whereabouts within 12 months as of the day the application for establishment of the whereabouts was submitted.

§ 155. Termination of service relationship of active serviceman in state of emergency

(1) In a state of emergency, the service relationship with an active serviceman shall be terminated only on the basis provided for in clause 2 of subsection 1 of § 139 and clauses 3, 4, 6 and 12 of subsection 1 of § 140 of this Act.

(2) On the basis provided for in clause 13 of subsection 1 of § 140 of this Act the active service relationship may be terminated only if an active serviceman has been declared missing and the Police and Border Guard Board has commenced proceedings with regard to him to establish his or her whereabouts and has failed to do so within 12 months.

(3) In other cases, an active serviceman shall be released from active service within one week as of the termination of the state of emergency if the circumstance being the basis for the release occurred during the state of emergency.

§ 156. Compensation for cost of resource-intensive training

(1) A resource-intensive training is a training with the duration of over 90 days or with the cost of over six times the minimum rate of monthly remuneration established by the Government of the Republic on the basis of subsection 5 of § 29 of the Employment Contracts Act.

(2) An active serviceman is required to compensate the direct costs related to resource-intensive training, resettlement expenses, daily allowance and secondment abroad allowance and the expenses related to secondment which were incurred by the state, in case:

1) interrupted the training without good reason;

2) was released from active service on the basis of clauses 1, 4–3 or 10–13 of subsection 1 of § 140 of this Act, except upon being declared missing;

3) was released from active service due to a failure to perform the obligation provided for in subsection 2 of § 98 or subsection 1 of § 99 of this Act;

4) was released from active service due to a failure to acquire military training or education required for a post;

5) is not issued or extended a personnel security clearance for access to state secrets required for his or her post.

(3) An active serviceman who has been accepted for active service under the condition provided for in subsection 3 of § 87 of this Act is not required to compensate for the expenses of resource-intensive training if he or she is in active service until the expiry of the term set out in the directive on the acceptance for active service.

(4) An active serviceman is not required to compensate for the expenses of the resource-intensive training in case the active serviceman is released from active service after the expiry of the term of the obligation to serve in active service set out in the decision on the sending on a resource-intensive training.

(5) An active serviceman who has received a health damage due to the performance of duties, and whose state of health is in noncompliance with the health requirements for an active serviceman, and who is released from active service for that reason, is not required to compensate for the expenses of resource-intensive training.

(5¹) The obligation to reimburse the expenses of resource-intensive training decreases proportionately as of the moment half of the period of the obligation to be in active service is fulfilled until the expiry of the obligation to be in active service.

(6) The obligation to serve in active service together with the time spent in resource -intensive training shall not be longer than ten years.

(7) The conditions and procedure for the calculation and compensation for the expenses of resource-intensive training and for the determination of the obligation to serve in active service are established by a regulation of the minister in charge of the policy sector.

(8) An active serviceman is sent on a resource-intensive training with their consent granted in a form reproducible in writing.

§ 156³. Recruitment of volunteers into active service

(1) During a state of war and mobilization, a person may be admitted to active service to perform the duties of a wartime post, who:

1) has full legal capacity;

2) has graduated from at least stage 2 of basic school;

3) complies with the health requirements for an active serviceman;

4) has the required skills and training;

5) is at least 18 years old;

6) has not reached the pensionable age provided in the State Pension Insurance Act.

(2) A person applying for active service based on subsection 1 of this section must submit an application to the Defence Forces in a form reproducible in writing.

(3) The acceptance to active service of a person not liable to national defence obligation on the basis of subsection 1 of this section is notified by the Defence Forces to the Defence Resources Agency, which enters the details of the person into the national defence obligation register as the data of the person applying for national defence obligation.

(4) Upon release from active service, the data of the person not liable to national defence obligation are deleted from the national defence obligation register.

(5) The procedure for acceptance to active service during a state of war and mobilization and for appointment to a wartime post is established by the Commander of the Defence Forces.

§ 156⁵. Secondment

(1) The Commander of the Defence Forces establishes the procedure for the secondment of an active serviceman performing the duties of a wartime post and the reimbursement of expenses related to the secondment, in case the active serviceman is seconded:

1) to a foreign state for a short period;

2) to a foreign state for the performance of state duties for the period longer than six months.

(2) Daily allowance is not paid in the case of the secondment of an active serviceman performing the duties of a wartime post.

(3) The sending of an active serviceman to a foreign state within the framework of an international military operation is not deemed to be a secondment abroad.

§ 156⁶. Service-related restrictions

(1) An active serviceman performing the duties of a wartime post:

1) may not engage in the dissemination of political views;

2) may not take part in the activities of a political party;

3) may not work outside the performance of service duties in any other post or employment;

4) must comply with the provisions of the Anti-corruption Act when performing an action, decision or transaction;

5) must not engage in strikes or any other pressure actions which interferes with the organization of military national defence.

(2) An active serviceman performing the duties of a wartime post has the right to refuse to perform work outside military service. The right of a person in civil service to execute public authority is suspended during the performance of the duties of a wartime post.

§ 156⁷. Salary arrangement of active serviceman

(1) The salary scale of active servicemen performing the duties of wartime posts and the salary of the wartime post of the Commander of the Defence Forces is established by a regulation of the minister in charge of the policy sector.

(2) The conditions and procedure for the payment of wages and salaries are established by the Commander of the Defence Forces.

§ 156⁸. Termination of performance of duties of wartime post

(1) The performance of the duties of a wartime post terminates:

1) with the expiry of the active service relationship;

2) with assuming the performance of the duties of a peacetime post.

(2) The active service relationship of an active serviceman terminates:

1) upon the death of the active serviceman;

2) upon becoming a member of the Riigikogu, the European Parliament or the Government of the Republic;

3) in case they do not comply with the health requirements for an active serviceman;

4) on the proposal of the Defence Forces;

5) in the event they are declared missing;

6) upon entry into force of a conviction imposing a sentence which precludes continuation in active service;

7) upon attaining a pensionable age.

(3) An active serviceman is released from active service by the Commander of the Defence Forces, or a commander authorised by the Commander of the Defence Forces upon termination of the active service relationship.

(4) The commencement of the duties of a peacetime post of an active serviceman is decided by the Commander of the Defence Forces or a commander authorised by the Commander of the Defence Forces.

(5) In addition to the provisions of subsection 1 of this section, an active serviceman appointed to a peacetime post by the Government of the Republic or the minister in charge of the policy sector may be released from a wartime post on the proposal of the Government of the Republic or the minister in charge of the policy sector.

(6) The release from a peacetime post of an active serviceman appointed to a peacetime post by the Government of the Republic or the minister in charge of the policy sector takes effect on the day of the release from the wartime post.

(7) In the event of the acceptance of a call-up selectee to active service during a state of war and mobilization, the call-up selectee is not called up for conscript service after release from active service and their military service is deemed to have ended in accordance with the procedure provided in this Act.

§ 156⁹. Military service after declaring end of state of war and order for demobilization

(1) A person who was in active service before the declaration of a state of war and order for mobilization continues in a peacetime post appointed by the Commander of the Defence Forces or a commander authorised by the Commander of the Defence Forces. In the absence of a suitable peacetime post, a person is released from active service on the proposal of the Defence Forces, notifying the person thereof at least 14 days in advance.

(2) A person who has been accepted to active service based on § 156³ of this Act during a state of war and mobilization is released from active service upon declaration of the end of a state of war or during demobilization on the proposal of the Defence Forces, notifying the person thereof at least 14 days in advance.

(3) Upon the end of a state of war and during demobilization, a person who has been accepted to active service during a state of war or mobilization may, by agreement between the parties, be appointed to a peacetime post for up to five years, provided that the person complies with the requirements for entry into active service provided in § 83 of this Act and the requirements for appointment to a peacetime post provided in § 92, except the requirements for education and military training in compliance with the peacetime post.

(4) An active serviceman who has been admitted to active service for a specified term based on subsection 3 of this section must obtain education and military training during the term of active service.

(5) In the event of a failure to obtain the education or military training required for a peacetime post, the active service relationship of an active serviceman terminates at the expiry of the term of active service specified in subsection 3 of this section.

(6) Based on subsections 1 and 2 of this section, a person is released from active service without compensation.

§ 157. Military discipline

Military discipline is the accurate performance of acts, legislation established on the basis thereof and duties established by the orders of commanders and of the military order by all servicemen.

§ 158. Disciplinary authority

(1) The disciplinary authority is the competence of a commander to apply awards and disciplinary penalties with regard to the subordinate.

(2) An active serviceman or voluntary servant substituting the commander temporarily has the disciplinary authority of the substituted commander.

(3) A commander shall have no right to restrict the disciplinary authority of the commander reporting to him or her.

§ 159. Awards

(1) An award is the recognition of a serviceman for a long-term impeccable service or an exceptionally good performance of duties.

(2) The awards are:

1) the deletion of a disciplinary penalty before term;

2) expression of thanks;

3) bestowal of the decoration of the Defence Forces;

4) grant of a monetary award;

5) making a valuable gift;

6) grant of a cut-and-thrust weapon or firearm registered to his or her name.

(3) The maximum rate of the cost of a valuable gift and monetary award shall be established by a regulation of the minister in charge of the policy sector.

§ 160. Application of awards and taking account thereof

(1) The premature deletion of the disciplinary penalty shall be used as the first award with regard to a serviceman who has a valid disciplinary penalty.

(2) The commander who imposed the disciplinary penalty and the immediate commander thereof shall have the right to delete the disciplinary penalty before expiry of term.

(3) The immediate commander of a serviceman is entitled to present expression of thanks orally in front of the line of a corresponding assembly.

(4) The immediate commander with the authority to issue directives shall have the right to express appreciation by a directive.

(5) The commander with the authority to bestow decorations on the basis of an act shall have the right to bestow the decoration of the Defence Forces.

(6) The head of authority and the commander authorised by him or her to dispose of the budgetary means and the immediate commander thereof shall have the right to grant a monetary award and a valuable gift.

(7) The Commander of the Defence Forces shall have the right to award a cut-and-thrust weapon or firearm registered in the name.

(8) The procedure for taking account of the awards applied with regard to a serviceman shall be established by the Commander of the Defence Forces.

§ 161. Disciplinary detention

(1) Disciplinary detention is a measure applied to a serviceman for the prevention of continuous commitment of disciplinary offence or the prevention of imminent danger to his or her health, life or property or the health, life or property of other persons arising from the serviceman.

(2) Disciplinary detention may be applied to all the servicemen irrespective of the post or rank of a serviceman.

§ 162. Imposition of disciplinary detention

(1) The Commander of a military authority, the commander of a structural unit of the Defence Forces, the chief of service, a serviceman involved in the performance of the duties of the Military Police, a serviceman appointed by the commander of a structural unit organising reservist training and the commander of a vessel on board the vessel of the Defence Forces shall have the authority to impose disciplinary detention.

(2) A serviceman appointed by the commander of the structural unit of the location of the post, a serviceman appointed by the Commander of the Defence Forces in the region of an international military operation or the Commander of a vessel on board the vessel of the Defence Forces shall also, in addition to the persons specified in subsection 1 of this section, have the authority to impose disciplinary detention if a serviceman is staying outside the usual location of his or her peacetime post and the basis for the imposition of disciplinary detention specified in subsection 1 of § 161 of this Act occurs with regard to him or her.

(3) The unit commander of a serviceman in the position of military rank who was imposed disciplinary detention shall be immediately notified of the imposition of disciplinary detention.

(4) A person with the authority to impose disciplinary detention may impose disciplinary detention also on a serviceman of a rank higher than him or her.

(5) If the imposition of disciplinary detention is due to the fact that a serviceman is unable to control his or her behaviour and may pose a danger to his or her own health, life or property or the health, life or property of another person, it is necessary to notify immediately thereof a health care professional who shall meet the detained serviceman at the earliest opportunity and identify the reason for the disorder of conduct. Where necessary, a serviceman shall be transported to a medical institution.

(6) A serviceman shall be released form disciplinary detention if the basis provided for in subsection 1 of § 161 of this Act has ceased to exist and the serviceman has not been imposed a disciplinary arrest.

(7) A serviceman with regard to whom a disciplinary detention is imposed shall be:

1) notified of the reason for disciplinary detention;

2) granted an opportunity to notify a person who is chosen by him or her of the disciplinary detention;

3) granted an opportunity to provide explanations;

5) granted an opportunity to examine the minutes of the disciplinary detention and make requests about the conditions, course and results of the measure, which are recorded.

(8) A serviceman with regard to whom disciplinary detention is imposed shall not be detained for over 48 hours without the permission of the court.

(9) If a serviceman is imposed a disciplinary arrest for a disciplinary offence for the prevention of which disciplinary detention was imposed on him or her, the period of time spent under disciplinary detention shall be calculated into the period of disciplinary arrest.

(10) Disciplinary detention shall be recorded in the minutes pursuant to the bases and in the procedure specified in § 18 of the Administrative Procedure Act.

§ 163. Conditions of disciplinary detention

(1) A serviceman serving disciplinary detention shall be held in custody in a detention house of the Defence Forces or in a room adapted for detention.

(2) The adaptation of a room for detention shall be decided by the commander with the authority to impose disciplinary detention.

(3) The items which may endanger the security of a person, which are suitable for damaging property, or which may endanger the security of the Defence Forces are banned for serviceman in the house of detention of the Defence Forces or a room adapted for detention.

(4) Requirements for the detention house of the Defence Forces and a room adapted for detention and the internal rules thereof and a list of the items prohibited for a detainee in a detention room and a room adapted for detention and the procedure for the storage, return, destruction and deposit of the items shall be established by a regulation of the minister in charge of the policy sector.

(5) Upon disciplinary detention a security check and examination of belongings shall be performed with regard to a detained serviceman by way of observation or feeling.

(6) The security check shall be performed by an active serviceman of the same sex as the detained serviceman, in the absence thereof a doctor. Where necessary for countering an immediate threat, the security check may be performed by an active serviceman who is not of the same sex with the person.

(7) A detained serviceman shall have the right to be present at the examination of the items. Where necessary, the examination of the items may be performed by an active serviceman without the presence of a detained serviceman for countering an immediate threat or if a serviceman intentionally hinders examination of things.

(8) Upon security check and examination of items, direct coercion may be used insofar as it is unavoidable for the achievement of the objective.

(9) The examination of things shall be documented.

(10) Money, valuables and documents shall be taken into storage from a serviceman, as well as a thing or medicine which may endanger himself or herself or another person. A serviceman from whom the things are taken into storage shall be issued, at the earliest opportunity, a copy of the report on the taking into storage of the things, including the specification of the structural unit of the Defence Forces arranging the storage of the things, the time of and the reason for the taking into storage of the thing and the description of the thing taken into storage.

(11) The things taken into storage shall be returned to the owner upon the termination of the disciplinary detention.

(12) A serviceman serving disciplinary detention shall not be lodged in the house of detention in the same premises as a serviceman punished by disciplinary arrest. Persons of different sex shall be kept in separate rooms.

(13) A serviceman serving disciplinary detention shall be kept under observation in order to ensure his or her safety. Upon the deterioration of his or her health, a health care professional shall be called.

§ 164. Rights of and restrictions applied to serviceman serving disciplinary detention

(1) A serviceman serving disciplinary detention has the right to:

1) treatment which respects his or her dignity and ensures that more distress and inconvenience shall not be caused to him than those that inevitably come with detention;

2) receive regular food;

3) receive health services.

(2) A serviceman serving disciplinary detention is prohibited to:

1) receive visitors;

2) use personal communication and electronic devices;

3) consume alcohol, narcotic and psychotropic and other substances with a similar effect.

(3) The freedom of a serviceman who is serving disciplinary detention shall be subjected to restrictions provided for by law. If there is no concrete restriction provided for by law, only such restrictions that are necessary for the ensuring of security of the Defence Forces or the security of the persons staying in the military zone of the Defence Forces may be applied. The restrictions must relate to the objective of the disciplinary detention and to the principle of human dignity and shall not distort the nature of other rights and freedoms provided for by law.

§ 165. Use of physical force and active defence means

(1) To ensure the execution of the disciplinary detention a serviceman who is enforcing the disciplinary detention may use physical force if the detained serviceman offers resistance or there is an immediate danger of bodily harm to them or of violence toward other persons and verbal appeasing has been insufficient to eliminate the danger.

(2) Before the application of physical force, a serviceman is required to caution the person verbally. Cautioning may be neglected if cautioning is not possible due to the urgent need to counter an immediate serious threat or eliminate a disturbance.

(3) A serviceman who is enforcing the disciplinary detention may use handcuffs or binding means if this is unavoidable taking account of the nature of the behaviour of the detainee and the concrete situation and avoid damage to the health of the detainee to a large extent.

(4) The use of handcuffs and a means of binding shall not last for more than one hour at a time.

(5) Before the use of handcuffs and a means of binding a serviceman is required to caution the person verbally. Cautioning may be neglected if cautioning is not possible due to the urgent need to counter an immediate serious threat or eliminate a disturbance.

(6) Upon causing a health damage to the detainee by application of physical force or active means of protection a serviceman is required to provide first aid or enable the health care professional to provide aid.

§ 166. Disciplinary offences

(1) Disciplinary offences are:

1) negligence of the principles related to duties arising from an act or legislation established on the basis thereof, a failure to perform requirements for service or duties or unsatisfactory performance thereof;

2) wrongful causing of damage to the property of an authority or the wrongful causing of danger of such damage or a wrongful act of a serviceman which is in conflict with the generally recognised moral standards, or which discredits a serviceman or an authority, regardless of whether the act is committed by the military serviceman in or out of service;

3) violation of restrictions on service by a serviceman.

(2) Upon processing of a disciplinary offense, the Defence Forces shall have the right to process the personal data of a serviceman and a person in reserve, including special categories of personal data.

§ 167. Disciplinary liability

(1) A serviceman who has committed a disciplinary offence shall bear disciplinary liability therefor, meaning the imposition of a disciplinary penalty on him in correspondence with the nature and gravity of the disciplinary offence committed by him or her.

(2) Only one disciplinary penalty may be imposed on a serviceman for one disciplinary offence. The penalty imposed for criminal offence or misdemeanour for the same offence or award of damages from the serviceman shall not preclude the imposition of a disciplinary penalty for the same offence.

§ 168. Objective and classification of disciplinary penalties

(1) The objective of a disciplinary penalty is the drawing of attention of a serviceman to his or her fault and the prevention of the commitment of a new offence by him or her.

(2) The disciplinary penalties are:

1) reprimand;

2) fatigue;

3) disciplinary arrest;

4) fine;

5) reduction of basic salary;

6) withdrawal of a decoration of the Defence Forces;

7) release from active service;

8) release from voluntary service.

(3) A disciplinary penalty shall be imposed by an administrative act in writing.

§ 169. Reprimand

(1) A reprimand is the provision of an oral or written opinion by a commander concerning a disciplinary offence committed by his or her subordinate, which expresses condemnation of the disciplinary offence and calls on the sense of dignity, honour and duty of the subordinate.

(2) The immediate commander who is an active serviceman shall have the right to express reprimand.

§ 170. Disciplinary fatigue

(1) Disciplinary fatigue is the employment of a conscript on execution of work necessary for service outside training during time off.

(2) The immediate and direct commander who is an active serviceman shall have the right to impose disciplinary fatigue.

(3) A conscript who is imposed disciplinary fatigue shall not be armed and he or she shall not be used in the performance of guarding or supervisory tasks.

(4) It is prohibited to give tasks which require special training or degrade human dignity to a conscript who has been imposed a disciplinary fatigue duty.

(5) A disciplinary fatigue lasting for up to 48 hours may be imposed for one disciplinary offence. A conscript may be employed in disciplinary fatigue for up to eight hours in one twenty-four-hour period. Upon employment in disciplinary fatigue a conscript shall be provided rest time for at least six consecutive hours.

§ 171. Disciplinary arrest

(1) Disciplinary arrest is the placement of a serviceman who has committed a disciplinary offence to a house of detention specified in subsection 1 of § 156 of the Imprisonment Act (hereinafter the police house of detention), prison or to the house of detention of the Defence Forces for the period of serving the disciplinary penalty or the isolation of a serviceman from other servicemen in the premises prescribed for such purposes for the period of serving the disciplinary penalty.

(2) Disciplinary arrest is imposed on a serviceman who has committed serious or repeated violation of the military discipline.

(3) The head of the authority of the peacetime post, a commander of a structural unit of the Defence Forces or a chief of service shall impose a disciplinary arrest.

(4) The term for disciplinary arrest shall be calculated in days. A disciplinary arrest may be imposed for up to 14 days. One day in disciplinary arrest corresponds to 24 hours.

(5) The period of staying in disciplinary detention shall be calculated into the period of disciplinary arrest. 24 hours in disciplinary detention corresponds to one day in disciplinary arrest.

(6) Disciplinary arrest shall not be imposed on a pregnant or serviceman for whom it is contraindicated medically.

(7) A commander who imposed the disciplinary arrest shall notify the administrative court in the procedure provided for in § 173 of this Act. Notification of an administrative court of the disciplinary arrest shall not suspend the execution of the disciplinary arrest.

(8) If a serviceman who is serving disciplinary arrest in the house of detention of the Defence Forces or in the premises prescribed for such purposes is required to participate in a military training, the arrest shall be suspended for the period of military training. The arrest shall be resumed in the house of detention of the Defence Forces or in the premises prescribed for such purposes after the military training has terminated.

(9) The salary prescribed for the period of service shall not be paid to an active serviceman and an allowance shall not be paid to a conscript or a reservist for the time spent under disciplinary arrest, except for the time when the serving the disciplinary arrest is suspended for participation in training and in the case the disciplinary arrest is declared unlawful.

(10) A reservist shall be applied the disciplinary arrest until the end of the reservist training for the longest.

(11) The period spent under the disciplinary arrest shall not be calculated into the tenure of active service.

(12) During the period under disciplinary arrest a serviceman shall have no right to execute the public and disciplinary authorities entrusted to him or use the command authority.

§ 172. Rights of serviceman serving disciplinary arrest and restrictions applicable thereto

(1) A serviceman under disciplinary arrest shall have the same rights and similar restrictions shall be applied with regard to him as to the person serving disciplinary detention provided for in § 164 of this Act.

(2) In the case of the imposition of disciplinary arrest, upon placement in the house of detention of the Defence Forces or in the premises prescribed for such purposes or before being transported to the police house of detention or a prison from the structural unit of the Defence Forces a serviceman must undergo a security check and examination of items under the conditions and pursuant to the procedure provided in § 163 of this Act. The servicemen undergo medical examination, prescribed in the Imprisonment Act, at the structural unit of the Defence Forces before being transported to the police house of detention or a prison.

(3) With regard to a serviceman who has been placed in the police house of detention or a prison the provisions of the Imprisonment Act regulating the execution of arrest and imprisonment in the house of detention are applied.

§ 173. Notification of administrative court of imposition of disciplinary arrest and verification of lawfulness of disciplinary arrest

(1) The commander who imposes disciplinary arrest shall immediately notify the administrative court of the location of the military unit of the imposition of the disciplinary arrest, submitting, among other, the following documents:

1) the directive on the imposition of the disciplinary arrest on a serviceman;

2) summary of the disciplinary investigation and other relevant materials.

(2) Upon verification of the lawfulness of disciplinary arrest imposed on a serviceman as disciplinary penalty, the administrative court judge shall make a judgment promptly without ascertaining the facts of the act committed by a serviceman on the basis of the provisions of the Code of Administrative Court Procedure on granting a permission for administrative proceeding on whether the imposition of the disciplinary arrest on the military serviceman was lawful, or shall declare the imposition of the disciplinary arrest to be unlawful.

(3) The administrative court judge shall verify if:

1) a disciplinary punishment may be imposed for the act committed by the military serviceman;

2) a disciplinary investigation was conducted before the imposition of disciplinary arrest;

3) a serviceman has been informed of his or her rights and whether he has been granted the opportunity to give explanations with regard to his or her acts;

4) the commander was competent to impose a disciplinary arrest on the military serviceman.

(4) If an administrative court, by its judgment, declares the disciplinary arrest to be unlawful, a serviceman serving the disciplinary arrest shall be immediately released from disciplinary arrest.

(5) The commander who made the decision on the release shall immediately notify the administrative court, the Inspector General of the Defence Forces and the Chancellor of Justice of the decision and of the release of a serviceman from the disciplinary arrest.

(6) A serviceman shall be compensated for the damage in the procedure provided for in the State Liability Act.

§ 174. Fine

(1) An active serviceman may be imposed a fine for a disciplinary offence in the amount of up to his or her ten daily wages.

(2) The commander of the authority of the peacetime post and the commander of a structural unit and a chief of service authorised by him or her to dispose of the budgetary means shall have the right to impose a fine.

(3) A fine shall be deducted from the salary of the offender and the funds received from the imposition of fine shall be transferred to the state budget.

(4) A fine shall be deducted from the salary of an active serviceman taking into account that the total amount of all deductions shall not exceed 50 per cent of the salary payable to a person in one month.

§ 175. Reduction of basic salary

(1) The salary of an active serviceman may be reduced by up to 30 per cent for up six months for a disciplinary offence. Upon the reduction of the basic salary the variable salary payable to the active serviceman shall be reduced as much.

(2) The commander whose competence involves determination of the salary to an active serviceman has the right to reduce the basic salary.

(3) The administrative act on the reduction of a basic salary shall set out the duration of the penalty.

§ 176. Withdrawal of decoration of Defence Forces

(1) A decoration of the Defence Forces may be withdrawn from a serviceman who has committed an act which discredits the authority or an act which is in conflict with generally recognised moral standards.

(2) The commander who has the authority for bestowal of a decoration on the basis of the Decorations Act shall have the right for withdrawal of the decoration of the Defence Forces.

(3) A commander whose disciplinary authority does not allow application of withdrawal of a decoration of the Defence Forces, shall have the right to address with an application a commander who has the competence for imposition of the said penalty in order to punish a serviceman who has committed a disciplinary offence.

(4) A serviceman from whom a decoration of the Defence Forces has been withdrawn shall return the decoration, ribbon and certificate to the person competent for the bestowal of a decoration.

§ 177. Release from active service as disciplinary penalty

An active serviceman may be released from active service by way of disciplinary procedure if the disciplinary offence was committed intentionally or as a result of grave negligence or due to the nature of the act it is impossible for an active serviceman to continue in active service.

§ 177¹. Application of disciplinary penalty and removal from post during a state of war

(1) During a state of war, an active serviceman performing the duties of a wartime post may be subject to all the disciplinary penalties provided in subsection 2 of § 168 of this Act.

(2) A commander with the authority to impose a disciplinary penalty in entitled to exclude an active serviceman from a wartime post for the period of disciplinary proceedings, transferring the active serviceman temporarily to another wartime post or releasing them from the performance of duties.

(3) An active serviceman who is temporarily transferred to another wartime post is retained their current basic salary for the period of disciplinary proceedings.

(4) An active serviceman who is released from the performance of duties on the basis of subsection 2 of this section is retained the average current salary in the amount of 50 per cent for the period of being released from the performance of duties.

(5) A commander with the authority to impose a disciplinary penalty is required to notify a competent person to withhold wages within five working days as of the release of an active serviceman from the post for the period of disciplinary proceedings.

(6) In case the guilt of an active serviceman is not proved to the extent which would lead to the release of them from active service, the active serviceman is paid the unpaid basic salary and variable salary afterwards within 15 working days as of the termination of disciplinary proceedings.

(7) In case an active serviceman is a suspect or accused of an offence under Chapter 15, Subchapter 2 of Chapter 17, or §§435 or 447 of the Penal Code for which the Penal Code provides imprisonment of not less than five years, the commander of the wartime post may transfer the active serviceman to another wartime post keeping the current salary.

(8) In case it is not possible to transfer an active serviceman to another wartime post, they may be assigned to non-commissioned duties and removed from the duties arising from the post wholly or in part.

§ 177². Dismissal from voluntary service as disciplinary punishment

A voluntary servant may be dismissed from voluntary service as a disciplinary measure in case the disciplinary offence was committed intentionally or due to gross negligence or in case, due to the nature of the offence, the voluntary servant is unable to continue voluntary service.

§ 178. Purpose of disciplinary proceedings

The purpose of disciplinary proceedings is to detect disciplinary offences expeditiously and fully, ascertain offenders and the circumstances of offences and impose disciplinary punishments correctly.

§ 179. Opening of disciplinary proceedings

(1) Disciplinary proceedings may be opened if circumstances have become evident which suggest that an act with elements of a disciplinary offence has been committed.

(2) Disciplinary proceedings are opened by the immediate commander or direct commander of the military serviceman who has committed a disciplinary offence or a commander of the location of the place of disciplinary offence.

(3) In addition to the provisions of subsection 2 of this section disciplinary proceedings may be commenced by the commander of the structural unit responsible for the performance of the principal duties of the Military Police.

(4) The direct commander of the person who commenced the disciplinary proceedings may intervene in any disciplinary proceedings conducted by a person subordinate to him or her.

(5) A serviceman with regard to whom disciplinary proceedings were commenced shall be notified of the commencement of disciplinary proceedings at the earliest opportunity.