Constitutional Court: The age threshold for medical examination of conscripts does not affect a citizen’s right to freedom of labor and free choice of occupation and profession

Constitutional Court: The age threshold for medical examination of conscripts does not affect a citizen’s right to freedom of labor and free choice of occupation and profession

05.04.2025 20:21:46 2942

Теlegram CС - https://t.me/consot_kz  

 

A citizen appealed to the Constitutional Court of the Republic of Kazakhstan to review the constitutionality of subparagraph 2) of paragraph 149 of the Rules for Conducting Military Medical Examinations in the Armed Forces of the Republic of Kazakhstan, approved by Order No. 716 of the Minister of Defense of the Republic of Kazakhstan dated December 21, 2020.

The applicant believes that the age threshold (27 years) established by the Rules for medical re-examination infringes on his right to freedom of labor and the free choice of occupation and profession, as guaranteed by Article 24 of the Constitution of the Republic of Kazakhstan.

The Constitutional Court stated that the established age threshold corresponds to the provisions of Article 31 of the Law, which stipulates that “citizens aged 18 to 27 who do not have the right to deferment or exemption from conscription are subject to conscription for compulsory military service in the required number to staff the Armed Forces of the Republic of Kazakhstan, other troops, and military formations.”

Furthermore, based on the content of the appeal and the attached documents, the applicant does not fall within the category of citizens subject to conscription for compulsory military service due to his age.

In this regard, the contested provision of the Rules does not directly affect his rights and freedoms.

As a result of the preliminary review, the Constitutional Court refused to accept the appeal for constitutional proceedings.

Source : https://www.gov.kz/memleket/entities/ksrk/press/news/details/963453?lang=kk