Kaitseväeteenistuse seadus Defence Forces Service Act
Passed 14 March 2000
(RT1 I 2000, 28, 167; consolidated text RT I 2003, 31, 195), entered into force 16 April 2000, amended by the following Acts:
21.12.06 entered into force 01.01.07 - RT I 2006, 63, 468
23.11.06 entered into force 02.12.06 - RT I 2006, 53, 398
10.05.06 entered into force 01.01.07 - RT I 2006, 26, 193
12.04.06 entered into force 15.05.06 - RT I 2006, 19, 147
23.11.05 entered into force 23.12.05 - RT I 2005, 65, 496
21.09.05 entered into force 23.10.05 - RT I 2005, 53, 420
01.06.2005 entered into force 01.08.2005 - RT I 2005, 33, 243;
14.12.2004 entered into force 24.12.2004 - RT I 2004, 88, 599;
02.06.2004 entered into force 01.07.2004 - RT I 2004, 49, 342;
17.12.2003 entered into force 07.01.2004 - RT I 2004, 2, 7.
Chapter 1
General Provisions
Division 1
Duty to Serve in Defence Forces
§ 1. Scope of application of Act
(1) This Act provides the definition, subjects and organisation of service in the Estonian Defence Forces, and the legal status of persons who are in service in the Defence Forces or in alternative service. (2) This Act and legislation issued on the basis thereof regulates service in the Defence Forces and alternative service and provides the subjects of Defence Forces service and the legal status thereof.
(3) The provisions of the Administrative Procedure Act (RT I 2001, 58, 354; 2002, 53, 336; 61, 375; 2003, 20, 117; 78, 527) apply to administrative proceedings prescribed in this Act, taking account of the specifications provided for in this Act.
(19.06.2002 entered into force 01.08.2002 - RT I 2002, 61, 375)
§ 2. Service in Defence Forces
(1) Service in the Defence Forces is a specific type of public service which is provided for in this Act. Service in the Defence Forces, in the National Defence League and in positions of military rank in other militarily organised agencies or units formed pursuant to law is deemed to be service in the Defence Forces.
(2) The types of service in the Defence Forces are:
1) active service;
2) reserve service.
(3) The types of active service are:
1) compulsory military service;
2) contractual service;
3) participation in training exercises.
§ 3. Duty to serve in Defence Forces
(1) Every male Estonian citizen is required to serve in the Defence Forces – to perform his duty to serve in the Defence Forces.
(2) During the period within which a citizen is required to perform his duty to serve in the Defence Forces, he is a person liable to service in the Defence Forces. Every male Estonian citizen between 16 and 60 years of age is liable to service in the Defence Forces unless he has been deleted from the register of persons liable to service in the Defence Forces on the bases and pursuant to the procedure provided for in this Act.
(3) The groups of persons liable to service in the Defence Forces are: persons eligible to be drafted, conscripts and reservists.
(4) Performance of the duty to serve in the Defence Forces is divided into performance of the conscript service obligation and performance of the reserve service obligation.
(5) In the event of mobilisation, a common duty to serve in the Defence Forces applies to all persons liable to service in the Defence Forces.
(6) Refusal to serve in the Defence Forces on religious or moral grounds does not release the person concerned from performance of the duty to serve in the Defence Forces.
(7) Records shall be kept, on the basis and pursuant to the procedure provided by the Databases Act, of the persons liable to service in the Defence Forces as well as the acts and decisions prescribed by this Act in the state register of Estonian citizens liable to service in the Defence Forces (hereinafter register of persons liable to service in the Defence Forces) established by the Government of the Republic for the purpose of processing the personal data needed by the organisers of the service in the Defence Forces for the performance of their duties. the state register of Estonian citizens liable to service in the Defence Forces is a part of the state central register of mobilisation.
(21.09.05 entered into force 23.10.05 - RT I 2005, 53, 420)
(71) The state central register of mobilisation is a state register established by the Government of the Republic on the bases and pursuant to the procedure provided for in the Databases Act (RT I 1997, 28, 423; 1998, 36/37, 552; 1999, 10, 155; 2000, 50, 317; 57, 373; 92, 597; 2001, 7, 17; 17, 77; 2002, 61, 375; 63, 387; 2003, 18, 107; 26, 158) in which records of persons liable to service in the Defence Forces, membership of war-time units and tangible resources necessary for the conduct of mobilisation shall be kept.
(22.01.2003 entered into force 01.05.2003 - RT I 2003, 13, 69)
(8) An identification code shall be assigned to each person liable to service in the Defence Forces, on the bases and pursuant to the procedure established by the Government of the Republic.
(01.06.2005 entered into force 01.08.2005 - RT I 2005, 33, 243)
(9) The head of the Defence Resources Agency shall notify a police authority of a person who avoids service in the Defence Forces by an application for determination of the whereabouts of the missing person.
(01.06.2005 entered into force 01.08.2005 - RT I 2005, 33, 243)
(10) The Defence Resources Agency has the right to issue a precept to a person liable to service in the Defence Forces if the person:
1) fails to report to the Defence Resources Agency when called as specified in this Act;
2) fails to submit the certificates to the Defence Resources Agency which, pursuant to this Act, are subject to submission;
3) fails to undergo a medical examination pursuant to this Act, or additional medical examination or tests prescribed by the chairman of the medical committee;
4) fails to undergo the tests necessary to assess physical and psychological suitability pursuant to this Act.
(21.12.06 entered into force 01.01.07 - RT I 2006, 63, 468)
(11) Upon failure to comply with a precept specified in subsection (10) of this section, the Defence Resources Agency may impose penalty payment pursuant to the procedure provided for in the Substitutive Enforcement and Penalty Payment Act. The upper limit for a penalty payment is 10 000 kroons.
(21.12.06 entered into force 01.01.07 - RT I 2006, 63, 468)
§ 4. Alternative service
(1) A person eligible to be drafted who refuses to serve in the Defence Forces for religious or moral reasons is required to perform alternative service pursuant to the procedure prescribed by law.
(2) Alternative service shall be conducted pursuant to the procedure provided for in this Act and legislation issued on the basis thereof.
§ 5. Legal basis for active service relationship
(1) Active service relationships between members of the Defence Forces and the Republic of Estonia are provided:
1) by this Act in respect of conscripts and reservists;
2) by this Act and active service contracts entered into on the basis thereof in respect of regular members of the Defence Forces.
(2) Active service relationships in the event of mobilisation are provided by this Act with the specifications provided for in the War-Time National Defence Act (RT I 1994, 69, 1194; 1999, 16, 271; 2002, 53, 336; 57, 354; 2003, 13, 69) and the State of Emergency Act (RT I 1996, 8, 165; 2002, 57, 354; 62, 376; 63, 387).
(3) An active service relationship shall commence on the date set out in the directive for acceptance for active service and shall terminate on the date set out in the directive for release from active service.
Division 2
Subjects of Defence Forces Service
§ 6. Subjects of Defence Forces service
Persons eligible to be drafted, members of the Defence Forces, reservists and retired members of the Defence Forces are the subjects of Defence Forces service.
§ 7. Persons eligible to be drafted
A person eligible to be drafted is a person who is liable to service in the Defence Forces and who attains 16 years of age during a given year, until call-up for compulsory military service or release from call-up for compulsory military service.
§ 8. Members of Defence Forces
(1) Members of the Defence Forces in active service shall be Estonian citizens.
(2) Members of the Defence Forces are divided according to the type of active service into:
1) conscripts;
2) regular members of the Defence Forces;
3) reservists participating in training exercises.
(3) Upon entry into active service for the first time, every member of the Defence Forces shall swear the following oath of a member of the Defence Forces of Estonia:
“Mina, (ees- ja perekonnanimi), tõotan jääda ustavaks demokraatlikule Eesti Vabariigile ja tema põhiseaduslikule korrale, kaitsta Eesti Vabariiki vaenlase vastu kogu oma mõistuse ja jõuga, olla valmis ohverdama oma elu isamaa eest, pidada kinni kaitseväe distsipliinist ning täpselt ja vastuvaidlematult täita kõiki oma kohustusi, pidades meeles, et vastasel korral seadus mind rangelt karistab.” [I, (given name and surname), swear to remain faithful to the democratic Republic of Estonia and its constitutional order, to defend the Republic of Estonia against enemies with all my reason and strength, to be ready to sacrifice my life for the fatherland, to observe the discipline of the Defence Forces, and to perform all my duties precisely and unquestioningly, bearing in mind that otherwise I will be strictly punished by law.]
§ 9. Conscripts
(1) A conscript is a person liable to service in the Defence Forces who is called up to perform the conscript service obligation pursuant to this Act.
(2) According to military rank, conscripts are divided into soldiers and junior non- commissioned officers.
§ 10. Regular members of Defence Forces
(1) A regular member of the Defence Forces is an Estonian citizen who voluntarily enters into contractual active service and who has received the education required of a soldier, non- commissioned officer or officer, as well as military training and a military rank.
(2) According to military rank, regular members of the Defence Forces are divided into soldiers, non-commissioned officers and officers.
§ 11. Defence Forces students
(1) Regular members of the Defence Forces, conscripts and reservists who study at an educational institution or in a unit of the Defence Forces are Defence Forces students.
(2) Defence Forces students are divided into:
1) course participants – non-commissioned officers or non-commissioned officer candidates who attend non-commissioned officer courses at an educational institution of the Defence Forces. Non-commissioned officer candidates who are conscripts may also study in a unit of the Defence Forces.
2) reserve officer cadets – reserve officer candidates who are conscripts and attend reserve officer courses in a unit of the Defence Forces;
3) cadets – regular officer candidates who, while in contractual service, attend basic courses at an educational institution of the Defence Forces; 4) officer cadets – regular officers who attend intermediate level courses at an educational institution of the Defence Forces or study at a college.
(3) Within an educational institution or military unit, a Defence Forces student shall be called an officer cadet, cadet, reserve officer cadet or course participant as appropriate, regardless of military rank.
§ 12. Reservists
(1) Reservists are persons liable to service in the Defence Forces who, on the basis of their state of health and age, have been declared fit to serve in the Defence Forces and have been assigned to the reserve of the Defence Forces.
(2) According to military rank, reservists are divided into soldiers, non-commissioned officers and officers.
§ 13. Retired members of Defence Forces
Retired members of the Defence Forces are regular members of the Defence Forces who, due to their state of health or age or on other legal bases, have been released from their duty to serve in the Defence Forces and have retired.
Division 3
Bases for Organisation of Service
§ 14. Place of service
(1) Members of the Defence Forces shall serve in the Defence Forces, the National Defence League or the militarily organised agencies and units which are in the area of government of the Ministry of Internal Affairs.
(2) Regular members of the Defence Forces may serve in a structural unit of an international defence organisation, an international military educational institution or unit, or a military educational institution of a foreign state.
(3) Regular members of the Defence Forces may also serve in positions of no military rank outside the structural units provided for in subsections (1) and (2) of this section.
§ 15. Position
(1) Members of the Defence Forces shall be appointed to positions of military rank.
(2) Positions of military rank shall be classified:
1) according to the type of service during peace-time – as positions filled by regular members of the Defence Forces and conscripts or reservists;
2) according to military rank – as positions of soldiers, non-commissioned officers and officers;
3) according to the seniority of the position – as lower positions, positions of equal seniority, and higher positions;
4) according to the nature of the functions performed – as positions of commanding officer and specialised positions.
(3) (Repealed - 22.01.2003 entered into force 01.05.2003 - RT I 2003, 13, 69)
(4) A member of the Defence Forces who serves in the position of a commanding officer shall have undergone military training which corresponds to the requirements for the position and shall have completed military secondary education or military higher education.
(5) A member of the Defence Forces who serves in a specialised position shall have undergone military training which corresponds to the requirements for the position and shall have completed secondary vocational education or higher education in an appropriate field.
(6) The position of a commanding officer is a position as a leader of a unit.
(7) In a place of service provided for in subsection 14 (3) of this Act, a member of the Defence Forces may also be appointed to a position of a public servant.
§ 151. Appointment of persons to war-time positions
(1) A war-time position is a position in the composition of war-time units of the Defence Forces. The positions in war-time units in the composition of the Defence Forces shall be filled by reservists or regular members of the Defence Forces in active service. Conscripts who have received appropriate training may also be appointed to war-time positions.
(2) If a reservist is appointed to a war-time position beforehand, the appointment enters into force when he or she commences active service (upon training exercises or mobilisation). (3) If a regular member of the Defence Forces who is in active service is appointed to a war- time position beforehand, the appointment enters into force pursuant to the procedure established by the Commander (Commander-in-Chief) of the Defence Forces, the entry into force of such appointment shall release the regular member of the Defence Forces from the current position.
(4) A reservist and a regular member of the Defence Forces shall be informed of appointment to and release from a war-time position. A notice shall be delivered to the reservist and regular member of the Defence Forces by post.
(5) Persons shall be appointed to and released from war-time positions and appointed to positions during a state of war pursuant to the procedure established by the Commander (Commander-in-Chief) of the Defence Forces. The Commander (Commander-in-Chief) of the Defence Forces shall approve the commanders who appoint persons to war-time positions.
(22.01.2003 entered into force 01.05.2003 - RT I 2003, 13, 69)
§ 152. Appointment to preparatory service for specialised positions
(1) During preparatory service for specialised position, a candidate for a specialised position shall be prepared for acceptance into contractual service.
(2) Persons conforming to the requirements provided in subsection 14 (1) of the Public Service Act (RT I 1995, 16, 228; 1997, 7, 112; 10, 155; 16, 271 and 276; 2000, 25, 144 and 145; 28, 167; 102, 672; 2001, 7, 17 and 18; 17, 78; 42, 233; 47, 260; 2002, 21, 117; 62, 377; 110, 656; 2003, 4, 22; 13, 67 and 69; 20, 116; 51, 349; 58, 387; 90, 601; 2004, 22, 148; 29, 194) and clause 79 (1) 4) of this Act who have completed secondary vocational education or higher education may be appointed to preparatory service for specialised positions as non-staff public servants.
(3) The duration of preparatory service for specialised positions shall be up to six months and it shall consist of military and practical training. Preparatory service for specialised positions shall be organised pursuant to the procedure established by the Commander of the Defence Forces.
(4) Preparatory service for specialised positions shall be carried out in the places of service specified in subsection 14 (1) of this Act where a person participates in practical training and at an educational institution of the Defence Forces where the person undergoes military training.
(5) The provisions of the Public Service Act extend to preparatory service for specialised positions, except for the time a person undergoes military training at an educational institution of the Defence Forces during which the person has equal status to a course participant.
(6) At the expiry of the term of preparatory service for specialised positions, the service relationship as a public servant of a candidate for a specialised position shall be terminated.
(14.12.2004 entered into force 24.12.2004 - RT I 2004, 88, 599)
§ 16. Approval of requirements for level of education, qualifications and military training of members of Defence Forces
The requirements for the level of education and qualifications of members of the Defence Forces shall be approved by the Minister of Defence and the requirements for the military training of members of the Defence Forces shall be approved by the Commander (Commander-in-Chief) of the Defence Forces.
§ 17. Calculation of term of service and length of service
(1) The term of service shall be calculated in months and years.
(11.12.2002 entered into force 01.03.2003 - RT I 2002, 110, 656)
(2) The length of service shall be calculated in full years. If the length of service is at least six months, it shall be rounded to a full year.
(11.12.2002 entered into force 01.03.2003 - RT I 2002, 110, 656)
§ 18. Commanders organising service
(1) The service of members of the Defence Forces in the Defence Forces and in the National Defence League shall be organised and liability therefor shall be held on the principle of sole directorship under the conditions and pursuant to the procedure provided for in the Constitution and law by the commanding officer of the corresponding military unit and commanders superior to him or her within the limits of their competence.
(2) The service of members of the Defence Forces outside the Defence Forces or the National Defence League shall be organised by the head of the corresponding militarily organised agency or unit, who pursuant to law is equal to the commanding officer of a military unit or a commander superior to him or her.
(3) The service of members of the Defence Forces in a government agency or in a state agency or educational institution administered by a government agency shall be organised by the Minister, director general or by the head of the administered state agency or educational institution pursuant to this Act and regarding the part not regulated by this Act pursuant to the Public Service Act (RT I 1995, 16, 228; 1999, 7, 112; 10, 155; 16, 271 and 276; 2000, 25, 144 and 145; 28, 167; 102, 672; 2001; 7, 17 and 18; 17, 78; 42, 233; 47, 260; 2002, 21, 117; 62, 377; 110, 656; 2003, 4, 22; 13, 67; 69; 20, 116; 51, 349; 58, 387; 90, 601).
(01.06.2005 entered into force 01.08.2005 - RT I 2005, 33, 243)
(4) The commanding officer of a military unit is the commander of a unit which is operationally and administratively independent.
(5) Within the limits of his or her competence, a senior commander may amend or annul a proposal, application, directive or order regulating the service of a member of the Defence Forces.
(6) The Commander (Commander-in-Chief) of the Defence Forces has the right to deem the disciplinary authority of the commander of a subordinate unit equal to the disciplinary authority of the commanding officer of a military unit.
§ 19. Codes of conduct of Defence Forces
(1) The codes of conduct of the Defence Forces apply to all members of the Defence Forces, regardless of the type of active service or place of service, unless otherwise provided by law or an international agreement entered into by the Republic of Estonia.
(2) The codes of conduct of the Defence Forces shall be approved by the Government of the Republic.
§ 20. Service regulations
(1) Proposals, applications and directives regulating service provided for in this Act shall be in the form of written documents. Service regulations shall be in compliance with the requirements for administrative documents.
(2) (Repealed - 11.12.2002 entered into force 01.03.2003 - RT I 2002, 110, 656)
Chapter 2
Positions of Military Rank
§ 21. Creation of positions of military rank
(1) The Government of the Republic shall determine the number of regular members of the Defence Forces during peace-time.
(2) (Repealed - 01.06.2005 entered into force 01.08.2005 - RT I 2005, 33, 243)
(3) On the basis of the structure of the Defence Forces and the National Defence League as approved by the Government of the Republic and on the basis of military national defence needs, the Minister of Defence shall approve the contractual regular membership of a military unit or agency equal thereto (hereinafter military unit) on the proposal of the Commander of the Defence Forces.
(4) The structure of a military unit, the number of positions of military rank, the names thereof, and the ranks and specialities corresponding to the positions shall be approved by the Commander (Commander-in-Chief) of the Defence Forces in the form of a table of the membership of the military unit.
(5) The correspondence of such positions to principal positions, the names of which do not correspond to the names of principal positions established in §§ 22-25 of this Act, shall be determined on the basis of ranks prescribed for principal positions in the form of a table of the membership of a military unit.
§ 22. Principal positions of officers
(1) Positions of officers are positions of military rank which require military higher education, or higher education and military training.
(14.12.2004 entered into force 24.12.2004 - RT I 2004, 88, 599)
(2) The principal positions of officers are:
1) position requiring the rank of General – the position of Commander-in-Chief of the Defence Forces;
2) position requiring the rank of Lieutenant General – the position of Commander of the Defence Forces;
3) position requiring the rank of Major General – the position of Commander of the General Staff of the Defence Forces and the position of commander of the army;
(11.12.2002 entered into force 01.03.2003 - RT I 2002, 110, 656)
4) position requiring the rank of Brigadier General – the position of commander of the air force and the position of commander of the navy;
(11.12.2002 entered into force 01.03.2003 - RT I 2002, 110, 656) 5) position requiring the rank of Colonel – the position of peace-time commander of a defence district;
6) position requiring the rank of Lieutenant Colonel – the position of battalion commander;
7) position requiring the rank of Major – the position of staff officer;
8) position requiring the rank of Captain – the position of company commander;
9) position requiring the rank of Lieutenant – the position of platoon commander.
§ 23. Principal positions of senior non-commissioned officers
(1) Positions of senior non-commissioned officers are positions of military rank which require military or secondary vocational education and military training.
(21.12.06 entered into force 01.01.07 - RT I 2006, 63, 468)
(2) The principal positions of senior non-commissioned officers are:
1) position requiring the rank of Chief Warrant Officer – the position of warrant officer of a service;
2) position requiring the rank of Staff Warrant Officer – the position of staff non- commissioned officer;
3) position requiring the rank of Senior Warrant Officer – the position of company warrant officer;
(21.09.05 entered into force 23.10.05 - RT I 2005, 53, 420)
4) position requiring the rank of Warrant Officer – the position of platoon sergeant;
5) position requiring the rank of Junior Warrant Officer – the position of squad leader.
§ 24. Principal positions of junior non-commissioned officers
(1) Positions of junior non-commissioned officers are positions of military rank.
(21.12.06 entered into force 01.01.07 - RT I 2006, 63, 468)
(2) The principal positions of junior non-commissioned officers are:
1) position requiring the rank of Senior Sergeant or Senior Mate – the position of platoon sergeant;
2) position requiring the rank of Sergeant or Mate – the position of squad leader.
§ 25. Positions of soldiers
(1) The position of senior soldier is a position of a commanding officer or a specialised position, requiring the rank of Corporal.
(2) The position of soldier is a position of a commanding officer requiring the rank of Private.
§ 26. Position of deputy commander requiring military rank
The position of deputy commander requiring military rank is lower than the position of commander by one rank.
(21.12.06 entered into force 01.01.07 - RT I 2006, 63, 468)
§ 261. Positions of military rank in international military operations
During participation in an international military operation within the meaning of the International Military Co-operation Act, a regular member of the Defence Forces may be promoted, as an exception, by one rank from his or her principal position established in §§ 22-25 of this Act.
(21.12.06 entered into force 01.01.07 - RT I 2006, 63, 468)
Chapter 3
Military Ranks
§ 27. Military rank
(1) An Estonian military rank (hereinafter rank) is a title granted in the name of the Republic of Estonia to a member of the Defence Forces or a reservist on the basis of his or her military training and education, position of military rank, length of active service, and the service in which he or she is serving.
(2) The main types of military ranks are the military ranks of soldiers, non-commissioned officers and officers.
(3) (Repealed - 11.12.2002 entered into force 01.03.2003 - RT I 2002, 110, 656)
§ 28. Ranks of soldiers
The ranks of soldiers in ascending order are:
1) in the army and the air force – Private and Corporal;
2) in the navy – Seaman and Senior Seaman.
§ 29. Ranks of non-commissioned officers
(1) The ranks of non-commissioned officers are divided into ranks of junior non-commissioned officers and ranks of senior non-commissioned officers.
(2) The ranks of non-commissioned officers in ascending order are:
1) in the army and the air force – Junior Sergeant, Sergeant, Senior Sergeant;
2) in the navy – Junior Mate, Mate, Senior Mate.
(3) The ranks of senior non-commissioned officers in ascending order in all the services are Junior Warrant Officer, Warrant Officer, Senior Warrant Officer, Staff Warrant Officer, Chief Warrant Officer.
§ 30. Ranks of officers
(1) The ranks of officers are divided into ranks of junior, senior and superior officers.
(2) The ranks of junior officers in ascending order are:
1) in the army and the air force – Ensign, Second Lieutenant, Lieutenant, Captain;
2) in the navy – Ensign, Sublieutenant, Lieutenant, First Lieutenant;
(3) The ranks of senior officers in ascending order are:
1) in the army and the air force – Major, Lieutenant Colonel, Colonel;
2) in the navy – Lieutenant Commander, Commander, Navy Captain.
(4) The ranks of superior officers in ascending order are:
1) in the army and the air force – Brigadier General, Major General, Lieutenant General, General;
2) in the navy – Commodore, Rear Admiral, Vice Admiral, Admiral.
Chapter 4
Grant of Rank, Change of Rank
§ 31. Grant of rank
(1) The grant of a rank is the grant of a first rank of soldier, non-commissioned officer or officer to a member of the Defence Forces or a reservist under the conditions and pursuant to the procedure provided for in this Act.
(2) A rank shall be granted to a member of the Defence Forces or a reservist for an unspecified term. A member of the Defence Forces or a reservist may be promoted or demoted in rank under the conditions and pursuant to the procedure provided for in this Act and the Disciplinary Measures in Defence Forces Act (RT I 1997, 95/96, 1575; 1999, 31, 425).
(3) A member of the Defence Forces or a reservist shall be notified of the grant of a rank or a promotion in rank solemnly with the participation of the person who grants the rank or who promotes the member of the Defence Forces or the reservist in rank, or a person authorised by him or her.
(4) Following the call-up of a person liable to service in the Defence Forces for active service or reserve training or entry of the person into active service as a volunteer, the rank of Private or Seaman shall be granted to the person as a first rank of a soldier together with entry of the person in the list of the military unit or agency.
(11.12.2002 entered into force 01.03.2003 - RT I 2002, 110, 656)
(5) The next rank shall be granted after the corresponding military training is undergone and corresponding education is completed, depending on the service, as follows:
1) to a soldier – Corporal or Senior Seaman;
2) to a junior non-commissioned officer – Junior Sergeant or Junior Mate;
3) to a senior non-commissioned officer – Junior Warrant Officer;
4) to a reserve officer – Ensign;
(14.12.2004 entered into force 24.12.2004 - RT I 2004, 88, 599)
5) to a regular officer – Second Lieutenant.
(51) A reserve officer with the rank of an Ensign may be granted the rank of non-commissioned officer corresponding to his or her qualifications. (21.12.06 entered into force 01.01.07 - RT I 2006, 63, 468)
(6) At the request of a person liable to service in the Defence Forces to whom the rank of non- commissioned officer or officer of a foreign state has been granted and according to the level of his or her military training and education, he or she may be granted the Estonian rank of non- commissioned officer or officer. In order to apply for the grant of a rank, assessment of the compliance of the level of military training and education of the applicant with the requirements for Estonian non-commissioned officers and officers shall be made by the commanding officer of the military unit or by the evaluation committee of the Defence Forces.
(7) If a person liable to service in the Defence Forces who has the rank of non-commissioned officer or officer of a foreign state waives his or her application for the rank of Estonian non- commissioned officer or officer or if his or her military training or education is not in compliance with the requirements for Estonian non-commissioned officers or officers, he or she shall be assigned to the reserve as a soldier.
§ 32. Persons who have right to grant rank and change rank
The following may grant and change ranks:
1) commanding officers of military units - the ranks of soldiers;
2) the Commander of the Defence Forces, and in war-time commanding officers of military units - the ranks of non-commissioned officers;
3) the President of the Republic – the ranks of officers.
§ 33. Initiation of and decision on grant of rank and change of rank
The procedure for the grant and change of ranks is provided for in this Act and the Disciplinary Measures in Defence Forces Act.
§ 34. Promotion in rank of Commander (Commander-in-Chief) of Defence Forces
The President of the Republic shall decide on the promotion in rank of the Commander (Commander-in-Chief) of the Defence Forces.
§ 35. Promotion in rank (1) Promotion in rank is the grant of the next rank in ascending order after the current rank to a member of the Defence Forces or a reservist, pursuant to this Act.
(2) A member of the Defence Forces or a reservist may be presented (an application may be submitted or a proposal made) for promotion in rank if he or she has undergone the corresponding military training or completed the corresponding education, has been appointed to a position which corresponds to the higher rank and has served in his or her current rank for the period required in order to be promoted to the next rank (hereinafter period of service for rank).
(3) A reservist may be promoted in rank after completion of the required education and after undergoing military training which corresponds to the higher rank.
(4) A member of the Defence Forces or a reservist who is serving a sentence for a disciplinary or criminal offence shall not be presented for promotion in rank. The person who makes the proposal shall declare the application (proposal) invalid.
§ 36. Period of service for rank
(1) The period of service for a rank is as follows:
Rank Period of service for rank in years
Rank of Superior Officer not set
Colonel, Navy Captain not set
Lieutenant Colonel, 4 Commander
Major, Lieutenant Commander 4
Captain, First Lieutenant 4
Lieutenant 3
Second Lieutenant, 3 Sublieutenant
Ensign 2–3
Chief Warrant Officer not set
Staff Warrant Officer 4
Senior Warrant Officer 3 Warrant Officer 3
Junior Warrant Officer 2
Sergeants and Soldiers not set
(2) The period of service for a rank shall be calculated from the date of the directive granting the rank or promotion in rank. The period during which a regular member of the Defence Forces shall be assigned to the reserve or his or her rank is demoted pursuant to the procedure provided for in this Act or the Disciplinary Measures in Defence Forces Act shall not be included in the period of service for the rank.
(3) As an exception and on the basis of a reasoned application, a member of the Defence Forces or a reservist may be presented for promotion in rank if he or she has undergone corresponding military training or completed corresponding education and has been appointed to a position which corresponds to the higher rank regardless of the period he or she has served in his or her current rank.
(31) As an exception, a member of the Defence Forces or a reservist may be temporarily promoted during participation in an international military operation within the meaning of the International Military Co-operation Act, or appointment to a diplomatic post or position in an international organisation.
(21.09.05 entered into force 23.10.05 - RT I 2005, 53, 420)
(4) The Commander (Commander-in-Chief) of the Defence Forces may be promoted in rank regardless of the period he or she has served in his or her current rank.
§ 37. Demotion in rank
(1) Demotion in rank is the grant of the next rank in descending order after the current rank to a member of the Defence Forces or a reservist, pursuant to this Act or the Disciplinary Measures in Defence Forces Act.
(2) A member of the Defence Forces or a reservist may be demoted in rank in the following cases:
1) in the case of an officer – to the next lower rank of officer;
2) in the case of a non-commissioned officer – to the next lower rank of non-commissioned officer; 3) in the case of a soldier – to the rank of Private or Seaman.
(3) A member of the Defence Forces or a reservist may be demoted in rank:
1) for an intentionally committed criminal offence – upon the entry into force of a judgment of conviction;
2) as a disciplinary penalty – on the bases and pursuant to the procedure provided for in the Disciplinary Measures in Defence Forces Act.
(4) One year after being demoted in rank, a member of the Defence Forces or a reservist may be promoted in rank to his or her former rank pursuant to general procedure if he or she is not serving a sentence for commission of a misdemeanour, disciplinary offence or criminal offence and if data concerning his or her punishment have been expunged from the punishment register.
(11.12.2002 entered into force 01.03.2003 - RT I 2002, 110, 656)
§ 38. Grant of rank and change of rank during state of war
(1) During a state of war, the rank of a non-commissioned officer may be granted to a soldier if the soldier is appointed to a position of a non-commissioned officer and the rank of an officer may be granted to a non-commissioned officer if the non-commissioned officer is appointed to a position of an officer.
(2) During a state of war, a member of the Defence Forces who is appointed to a position of higher military rank may be promoted in rank regardless of the requirements for the grant of rank or promotion in rank provided for in this Act.
(3) During a state of war, the rank of officer or non-commissioned officer may be demoted to the rank of Private or Seaman upon the entry into force of a judgment of conviction.
Chapter 5
Defence Resources Agency, Defence Forces Service Commission, Medical Committees
(01.06.2005 entered into force 01.08.2005 - RT I 2005, 33, 243)
§ 39. Role of Defence Resources Agency in organisation of service in Defence Forces
(1) In order to perform the duties provided for in this Act, the Defence Resources Agency shall operate as state agencies in the area of government of the Ministry of Defence. (01.06.2005 entered into force 01.08.2005 - RT I 2005, 33, 243)
(2) The Defence Resources Agency shall organise the registration of persons liable to service in the Defence Forces and call-up of persons eligible to be drafted for compulsory military service and alternative service.
(01.06.2005 entered into force 01.08.2005 - RT I 2005, 33, 243)
(3) Deciding on the following issues concerning persons eligible to be drafted falls within the competence of the Defence Resources Agency:
1) (Repealed -21.120.2006 entered into force 01.01.07 - RT I 2006, 63, 468)
2) the grant of a postponement of call to service;
3) call-up for compulsory military service, the time of call-up and the military unit;
4) the call-up for alternative service of persons eligible to be drafted who refuse to serve in the Defence Forces if they refuse to serve in the Defence Forces for religious or moral reasons;
5) release from call-up for compulsory military service and deletion from the register of persons liable to service in the Defence Forces pursuant to this Act.
(01.06.2005 entered into force 01.08.2005 - RT I 2005, 33, 243)
(4) If a person eligible to be drafted disagrees with a decision of the Defence Resources Agency, he may file a challenge with the Defence Forces service commission or an action with an administrative court.
(01.06.2005 entered into force 01.08.2005 - RT I 2005, 33, 243)
(5) Employees of the Defence Resources Agency shall not disclose information which becomes known to them in the course of performing their duties and which concerns the beliefs, financial and social status, state of health or private life of persons liable to service in the Defence Forces, members of the Defence Forces, reservists and retired members of the Defence Forces.
(01.06.2005 entered into force 01.08.2005 - RT I 2005, 33, 243)
(6) A decision of the Defence Resources Agency made based on subsection (3) of this section shall be communicated, pursuant to the procedure provided by this Act, to a person eligible to be drafted within ten working days after the date of making the decision.
(01.06.2005 entered into force 01.08.2005 - RT I 2005, 33, 243)
(7) A decision of the Defence Resources Agency concerning the call-up for compulsory military service, the time of call-up and the military unit shall be communicated to a person eligible to be drafted within ten working days after the date of making the decision however not later than one year before the date of call-up to military service or alternate service unless otherwise provided by this Act.
(01.06.2005 entered into force 01.01.2007 - RT I 2005, 33, 243)
(8) The term of one year specified in subsection (1) of this section does not apply to a person eligible to be drafted who:
1) has notified of the calendar year of call-up for compulsory military service in compliance with subsection 55 (11) of this Act;
2) has been granted a postponement of the call to service, and the term of such postponement has expired;
3) is subject to call-up for compulsory military service but the Defence Forces Agency has not yet made a decision to call such person up for service, and the person eligible to be drafted consents, in written form, to non-application of the one-year term specified in subsection (7) of this section with regard to him;
4) has previously failed to appear for compulsory military service.
(21.12.06 entered into force 01.01.07 - RT I 2006, 63, 468)
(9) In the cases specified in clauses (8) 2) and 4) of this section, advance notice with the term of one month shall be given.
(21.12.06 entered into force 01.01.07 - RT I 2006, 63, 468)
§ 40. (Repealed - 01.06.2005 entered into force 01.08.2005 - RT I 2005, 33, 243)
§ 401. Delivery of documents
(1) A decision of the Defence Resources Agency on call-up of a person eligible to be drafted to military service or alternate service or other decisions made or summonses and notices sent by the Defence Resources Agency regarding persons liable to service in the Defence Forces (hereinafter documents) shall be delivered against a signature or delivered by post or electronic means or published in a periodic publication. The manner of delivery shall be chosen by the Defence Resources Agency.
(2) Upon delivery by the Defence Resources Agency, a document shall be delivered to a person liable to service in the Defence Forces against his signature on a notice on which the time of delivery of the document, if necessary the specific time, shall also be indicated. A document is also deemed to have been delivered if it is delivered against a signature to a family member of at least 18 years of age who lives together with the person liable to service in the Defence Forces.
(3) In the case when a person liable to service in the Defence Forces is temporarily absent and if a document could not be delivered by the Defence Resources Agency to the person liable to service in the Defence Forces or a person specified in subsection (2) of this Act who lives together with the person liable to service in the Defence Forces, the Defence Resources Agency shall indicate the time and date when the delivery of the document failed on the notice appended to the document. In the specified case, the person liable to service in the Defence Forces may be summoned for delivery of the document.
(4) A document shall be delivered to a person liable to service in the Defence Forces at his residential address entered in the population register, at the address of which he has informed the Defence Resources Agency or at the last address known to the Defence Resources Agency by post, by sending a registered letter or a registered letter with advice of delivery. A document is deemed to be delivered to person liable to service in the Defence Forces if it is delivered at the address of the person liable to service in the Defence Forces or handed over to the person liable to service in the Defence Forces against his signature in a post office.
(5) At the request of a person liable to service in the Defence Forces in proceedings, a document shall be sent to an email address indicated by the him. If a document is delivered electronically, the addressee has the right, if necessary to request that the document be delivered on paper at a later date.
(6) If there is no information concerning the address of a person liable to service in the Defence Forces, or if the he does not reside at the address entered in the register or known to Defence Resources Agency and his actual whereabouts are unknown, and if it is not possible to deliver a document in any other manner, the resolution contained in the document may be published in the official publication Ametlikud Teadaanded3 or in a national daily newspaper. The resolution contained in the document shall be published at least twice and with an interval of not less than two weeks. The resolution contained in the document is deemed to have been delivered on the date following the date on which it is first published.
(7) A document shall be delivered to a person liable to service in the Defence Forces residing in a foreign state by registered post at the address indicated by him. If the residence or whereabouts of a person is not known, location of the addressee and delivery of the document shall be organised through a representation of the Republic of Estonia.
(01.06.2005 entered into force 01.08.2005 - RT I 2005, 33, 243)
§ 41. Defence Forces service commission
(1) The Defence Forces service commission (hereinafter commission) is a commission operating at the Ministry of Defence which analyses and coordinates the performance of the duty to serve in the Defence Forces and which is convened as required by the secretary general of the Ministry of Defence. The rules of procedure of the commission shall be established by a regulation of the Minister of Defence.
(2) The chairman of the commission is the secretary general of the Ministry of Defence who directs the work of the commission and coordinates organisation of performance of the duty to serve in the Defence Forces in Estonia.
(3) In co-ordination with the deputy chairman of the commission, the chairman of the commission shall appoint the four members of the commission from amongst the higher state public servants of the Ministry of Defence and the leadership of the Defence Forces.
(4) In co-ordination with ministers, the secretary general of the Ministry of Defence may engage higher state public servants of other ministries in the work of the commission in the capacity of members of the commission.
(5) The commission shall:
1) hear the reports of the Defence Resources Agency and the Commander of the Defence Forces on performance of the duty to serve in the Defence Forces in the state at least once a year and shall assess the work;
(01.06.2005 entered into force 01.08.2005 - RT I 2005, 33, 243)
2) submit a decision of Defence Resources Agency which has been reviewed by way of supervision or on the basis of a challenge to the Minister of Defence for revocation or amendment and shall submit a new decision to the Minister of Defence for approval.
(01.06.2005 entered into force 01.08.2005 - RT I 2005, 33, 243)
3) (Repealed -21.120.2006 entered into force 01.01.07 - RT I 2006, 63, 468)
(51) (Repealed -21.120.2006 entered into force 01.01.07 - RT I 2006, 63, 468)
(6) In the event of disagreement with a decision of the Minister made on the bases provided for in clause (5) 2) of this section, the person who filed the challenge may file an action with an administrative court against the decision.
(19.06.2002 entered into force 01.08.2002 - RT I 2002, 61, 375) (7) Decisions of the commission shall be recorded in the minutes and published for enforcement by the Minister of Defence.
(8) The Minister of Defence shall submit a report to the Government of the Republic by 1 February each year on performance of the duty to participate in national defence and the duty to serve in the Defence Forces during the preceding year.
(01.06.2005 entered into force 01.08.2005 - RT I 2005, 33, 243)
§ 42. Medical committees
(1) Medical committees shall determine the level of fitness to serve in the Defence Forces of persons to be accepted for active service or members of the Defence Forces on the basis of their state of health on two levels:
1) first level – the medical committees of the Defence Resources Agency and the medical committee of the Defence Forces;
(01.06.2005 entered into force 01.08.2005 - RT I 2005, 33, 243)
2) second level – the central medical committee of the Ministry of Defence.
(2) The number, specialities of committee members, number of staff and rules of procedure of medical committees, the requirements for the format of decisions thereof and the procedure for sending persons eligible to serve in the Defence Forces, persons to be accepted for active service and members of the Defence Forces to a medical committee shall be established by a regulation of the Minister of Defence.
(01.06.2005 entered into force 01.08.2005 - RT I 2005, 33, 243)
(3) The Minister of Defence, in co-ordination with the Minister of Social Affairs, shall appoint members of medical committees from amongst medical specialists who may operate as doctors pursuant to the established procedure.
(11.12.2002 entered into force 01.03.2003 - RT I 2002, 110, 656)
(4) The chairmen of medical committees shall be appointed from amongst the members of the committees by a directive of the Minister of Defence.
(11.12.2002 entered into force 01.03.2003 - RT I 2002, 110, 656)
(5) The conditions and extent of and procedure for remuneration for the work of the chairmen and members of medical committees, and for the compensation of travel costs, shall be established by the Government of the Republic. (6) The Government of the Republic shall approve the criteria for assessment of whether the health of persons liable to service in the Defence Forces and members of the Defence Forces renders them fit to serve in the Defence Forces, the instructions for medical examinations, and the procedure for sending members of the Defence Forces for additional medical examinations or medical treatment.
(02.06.2004 entered into force 01.07.2004 - RT I 2004, 49, 342)
§ 43. Medical committee of Defence Forces and Defence Resources Agency
(01.06.2005 entered into force 01.08.2005 - RT I 2005, 33, 243)
(1) On the basis of a medical examination and taking into account the place of service and the position, the medical committee of the Defence Forces or the Defence Resources Agency (hereinafter medical committee) shall make one of the following medical decisions by which it declares a person, on the basis of his or her state of health:
(01.06.2005 entered into force 01.08.2005 - RT I 2005, 33, 243)
1) fit to serve in active service;
2) fit to serve in active service with restrictions;
3) temporarily unfit to serve in active service;
4) unfit to serve in active service.
(11) The medical decisions specified in clause (1) 3) of this section shall not be made concerning conscripts.
(14.12.2004 entered into force 24.12.2004 - RT I 2004, 88, 599)
(2) A medical committee shall make a decision to continue medical treatment or where necessary, to change the level of fitness required for service in the Defence Forces in respect of a person liable to service in the Defence Forces, a member of the Defence Forces or a reservist who is not able to perform his or her duties for health reasons.
(14.12.2004 entered into force 24.12.2004 - RT I 2004, 88, 599)
(3) A medical committee of the Defence Forces shall conduct the medical examination of a person accepted for contractual active service.
(4) If a regular member of the Defence Forces is absent from service for longer than two months within a calendar year for health reasons, a doctor of the military unit shall send the regular member of the Defence Forces to a medical committee in order for a decision to be made to prescribe or continue medical treatment or change the level of fitness required for service in the Defence Forces.
(5) If a person eligible to serve in the Defence Forces or a member of the Defence Forces is declared unfit to serve in the Defence Forces, the medical committee shall, in its decision, determine the need of the member of the Defence Forces for further medical treatment or shall make a proposal to delete him or her from the register of persons eligible to serve in the Defence Forces.
(6) A medical committee shall identify the connection between active service and the health disorder which causes a member of the Defence Forces or a person eligible to serve in the Defence Forces to be fit for service with restrictions, temporarily unfit or unfit for service in the Defence Forces and shall decide whether:
1) the health disorder has been caused by the performance of duties;
2) the health disorder has not been caused by the performance of duties.
(11.12.2002 entered into force 01.03.2003 - RT I 2002, 110, 656)
(7) A person concerning whose state of health a decision is made, or his or her legal representative may file a challenge against the decision of the medical committee with the central medical committee of the Ministry of Defence within one month after the date of communication of the decision.
(14.12.2004 entered into force 24.12.2004 - RT I 2004, 88, 599)
§ 44. Duties of central medical committee of Ministry of Defence
(1) The duties of the central medical committee of the Minister of Defence are:
1) to review challenges filed against decisions of the medical committees of the Defence Resources Agency and the medical committee of the Defence Forces;
(01.06.2005 entered into force 01.08.2005 - RT I 2005, 33, 243)
2) to supervise the methods of work of the medical committees of the Defence Resources Agency and the medical committee of the Defence Forces;
(01.06.2005 entered into force 01.08.2005 - RT I 2005, 33, 243)
3) to make proposals to the Minister of Defence in order to organise the activities of medical committees. (2) The central medical committee of the Ministry of Defence shall review each challenge filed against a decision of the medical committee of the Defence Resources Agency or the medical committee of the Defence Forces within two months after the receipt of the challenge.
(01.06.2005 entered into force 01.08.2005 - RT I 2005, 33, 243)
(21) If necessary, the central medical committee of the Ministry of Defence shall conduct a medical examination of a person liable to service in the Defence Forces or a member of the Defence Forces, if a challenge is filed against a decision concerning the state of health of the person, or shall send the person for an additional medical examination or tests. In such case, the term for review of the challenge set out in subsection (2) of this section shall be extended by a period of time which is necessary to conduct the medical examination or additional medical tests.
(11.12.2002 entered into force 01.03.2003 - RT I 2002, 110, 656)
(3) Upon review of a challenge, the central medical committee of the Ministry of Defence shall leave the decision of the medical committee of the Defence Resources Agency or the medical committee of the Defence Forces unamended or shall make a new decision within the limits of its competence.
(01.06.2005 entered into force 01.08.2005 - RT I 2005, 33, 243)
(4) A member of the central medical committee of the Ministry of Defence shall not be a member of the medical committee of the Defence Resources Agency or the medical committee of the Defence Forces at the same time and shall not review a challenge filed against an earlier decision made with his or her participation. A member of the medical committee of the Defence Resources Agency or the medical committee of the Defence Forces shall not be a member of the central medical committee of the Ministry of Defence at the same time and shall not review a challenge filed against an earlier decision made with his or her participation.
(01.06.2005 entered into force 01.08.2005 - RT I 2005, 33, 243)
(5) An action against a decision of the central medical committee of the Ministry of Defence may be filed with an administrative court within one month after the decision is made public.
(19.06.2002 entered into force 01.08.2002 - RT I 2002, 61, 375)
Chapter 6
Active Service
Division 1
Compulsory Military Service
Subdivision 1
Registration as Persons Eligible to be Drafted, Call-up for Compulsory Military Service
§ 45. (Repealed - 01.06.2005 entered into force 01.08.2005 - RT I 2005, 33, 243)
§ 46. Procedure for registration of persons eligible to be drafted in order to perform duty to serve in Defence Forces
(1) The Defence Resources Agency registers a person eligible to be drafted in order to perform the duty to serve in the Defence Forces when the person attains 17 years of age.
(2) A person eligible to be drafted is deemed to be registered upon entry of his personal data in the national register of persons liable to service in the Defence Forces.
(3) Based on this Act, databases and state or local government agencies are required to provide information and evidence at their disposal concerning the education, residence, place of study or work, state of health, criminal record, family or economic status of persons eligible to be drafted at the request of the Defence Resources Agency for issuing administrative acts or performing acts.
(4) The Defence Resources Agency may demand the presentation of information or evidence from a person eligible to be drafted for the purpose of supplementation of information or evidence needed for issuing an administrative act concerning such person or for performing an act involving the person.
(5) The procedure for registration of persons eligible to be drafted shall be established by a regulation of the Minister of Defence.
(01.06.2005 entered into force 01.08.2005 - RT I 2005, 33, 243)
§ 47. (Repealed - 01.06.2005 entered into force 01.08.2005 - RT I 2005, 33, 243)
§ 48. Submission of information on persons eligible to be drafted with regard to whom criminal proceedings are being conducted (1) At the request of the Defence Forces Agency, the prosecutor's office shall submit information concerning the charges brought against a person eligible to be drafted, any agreements entered into in settlement proceedings, termination of the criminal matter or referral of the criminal matter for the prosecution, or the arrest or release from custody of the person.
(2) At the request of the Defence Forces Agency, a court shall submit information concerning the termination of the criminal matter against or the making of a judgment of conviction or a judgment of acquittal in respect of the person eligible to be drafted.
(3) The call-up for compulsory military service of a person eligible to be drafted who is an arrested suspect or accused shall be suspended until termination of criminal proceedings or the making of a court judgment in respect of him or her.
(21.12.06 entered into force 01.01.07 - RT I 2006, 63, 468)
§ 49. (Repealed - 01.06.2005 entered into force 01.08.2005 - RT I 2005, 33, 243)
§ 50. Medical examination and determination of professional suitability of persons eligible to be drafted
(1) The level of fitness required for service in the Defence Forces of a person eligible to be drafted shall be determined in the medical committee of the Defence Resources Agency on the basis of his state of health.
(2) The Defence Resources Agency shall notify a registered person eligible to be drafted in writing of the time when and place where he is required to appear before the Defence Resources Agency designated to assess his state of health and determine his professional suitability.
(21) A person eligible to be drafted is required to:
1) appear before the medical committee at the time and place determined by the Defence Resources Agency;
2) participate in the medical examination, and additional medical examination or tests prescribed by the chairman of the medical committee;
3) participate in the tests necessary to assess psychological suitability at the time and place determined by the Defence Resources Agency.
(21.12.06 entered into force 01.01.07 - RT I 2006, 63, 468)
(3) If a person eligible to be drafted has been granted postponement of the call to service on the bases specified in §§ 54 or 55 of this Act, his level of fitness for service in the Defence Forces shall be determined by the medical committee of the Defence Forces Agency not earlier than six months prior to the end of the postponement.
(01.06.2005 entered into force 17.06.2005 - RT I 2005, 33, 243)
(4) A person eligible to be drafted is required to submit evidence on his state of health to the medical committee of the Defence Resources Agency, and shall hand over the corresponding documents.
(5) If a person eligible to be drafted refers to the location of the documents certifying his state of health to which he has no access, the chairman of the medical committee of the Defence Resources Agency shall require submission of the documents from the location thereof.
(6) The documents certifying the state of health of a person eligible to be drafted suffering from a chronic illness or with a disability which does not allow him to appear at the medical committee of the Defence Resources Agency shall be submitted to the medical committee of the Defence Resources Agency by a parent, guardian or curator of the person eligible to be drafted within one month after summoning of the person to the medical committee of the Defence Resources Agency.
(7) The chairman of the medical committee of the Defence Resources Agency shall send a person eligible to be drafted whose state of health cannot be objectively assessed on the basis of a medical examination or documents which certify his state of health to a medical institution for an additional medical examination or tests.
(8) The medical committee of the Defence Resources Agency shall decide the fitness for service in the Defence Forces of a person eligible to be drafted who is sent for an additional medical examination after receipt of the results of the additional medical examination or tests.
(9) In order to determine the place of service of persons declared fit to serve in active service and persons declared fit to serve in active service with restrictions by a decision of the medical committee of the Defence Resources Agency, the Defence Resources Agency shall perform tests necessary to assess the psychological suitability of persons eligible to be drafted.
(21.12.06 entered into force 01.01.07 - RT I 2006, 63, 468)
(10) The procedure for administering the tests necessary to assess the psychological suitability of persons eligible to be drafted shall be established by a regulation of the Minister of Defence.
(21.12.06 entered into force 01.01.07 - RT I 2006, 63, 468)
(11) Persons eligible to be drafted shall be compensated for travel and meal expenses incurred in connection with the persons appearing before the medical committee of the Defence Resources Agency for determining their level of fitness required for service in the Defence Forces and determining their professional suitability and, in the case provided by subsection (7) of this section, in connection with the persons undergoing additional medical examination or tests.
(12) The conditions and procedure for payment of the compensation specified in subsection (11) of this section shall be established by a regulation of the Minister of Defence.
(01.06.2005 entered into force 01.08.2005 - RT I 2005, 33, 243)
(13) A person eligible to be drafted who is declared fit to serve in active service or declared fit to serve in active service with restrictions by a decision of the medical committee of the Defence Resources Agency is required to immediately give the Defence Resources Agency written notice of his serious illness or physical disability which significantly affect his fitness to serve in the Defence Forces, and to submit the documents reflecting his state of health. Such notification does not suspend the validity or execution of the decision to call the person up for compulsory military service.
(21.12.06 entered into force 01.01.07 - RT I 2006, 63, 468)
§ 51. Call-up for compulsory military service of persons eligible to be drafted
(1) Persons eligible to be drafted shall be called up for compulsory military service between the ages of 18 and 27 (inclusive).
(2) (Repealed - 14.12.2004 entered into force 24.12.2004 - RT I 2004, 88, 599)
(3) A person eligible to be drafted who has submitted the application on the basis of subsection
55 (11) of this Act and has selected the calendar year of his call-up for compulsory military service shall be called up for compulsory military service at the time of his choice except in the case where:
1) the person eligible to be drafted fails to appear before the medical committee when summoned by the Defence Resources Agency, and there is no decision of the medical committee of the Defence Resources Agency with regard to the person, or
2) the person eligible to be drafted is granted postponement on the basis provided in §§ 53 or
54, or subsection 55 (22) of this Act.
(21.12.06 entered into force 01.01.07 - RT I 2006, 63, 468)
(4) The procedure for call-up of persons eligible to be drafted for compulsory military service shall be established by a regulation of the Minister of Defence. The Minister of Defence shall establish, by a regulation, not later than by 15 October, the term of call-up of persons eligible to be drafted for compulsory military service and the division of such persons, expressed in numbers, between the units of the Defence Forces during the second year following the issue of that regulation.
(01.06.2005 entered into force 01.08.2005 - RT I 2005, 33, 243)
(41) The Minister of Defence shall establish, by a regulation, the requirements for staffing the units specified in subsection (4) of this section.
(42) A person eligible to be drafted is required to appear for compulsory military service at the time and place determined by the Defence Resources Agency.
(21.12.06 entered into force 01.01.07 - RT I 2006, 63, 468)
(5) The Commander of the Defence Forces shall submit, not later than by 15 September, a proposal to the Minister of Defence concerning the term of call-up of persons eligible to be drafted for compulsory military service and the division of such persons, expressed in numbers, between the units of the Defence Forces during the second year following the issue of that regulation.
(01.06.2005 entered into force 01.08.2005 - RT I 2005, 33, 243)
(6) Upon entry into compulsory military service, persons eligible to be drafted shall take with them the documents and items which have been communicated to them beforehand.
(01.06.2005 entered into force 01.08.2005 - RT I 2005, 33, 243)
(7) The list of documents and items specified in subsection (6) of this section shall be established by a regulation of the Minister of Defence.
(01.06.2005 entered into force 01.08.2005 - RT I 2005, 33, 243)
Subdivision 2
Postponement of Call to Service and Release from Call-up for Compulsory Military Service
§ 52. Postponement of call to service
Postponement of the call to service is postponement of the call-up of a person eligible to be drafted for active service for a specified time or under specific conditions.
§ 53. Grant of postponement of call to service due to illness or health disorder (1) Upon call-up for compulsory military service, a person eligible to be drafted may, on the basis of a decision of the medical committee of the Defence Resources Agency, be granted postponement of the call to service until he attains 28 years of age in order to treat the illness or health disorder.
(01.06.2005 entered into force 01.08.2005 - RT I 2005, 33, 243)
(2) Postponements of the call to service with a term of up to three years each may be granted on the basis of routine medical examinations in order for a person eligible to be drafted to treat an illness or health disorder.
§ 54. Grant of postponement of call to service for family or economic reasons
A person eligible to be drafted shall be granted postponement of the call to service for family or economic reasons if at least one of the following circumstances exists:
1) he is a parent or guardian of a child or other person maintaining a child within the meaning of the Family Law Act (RT I 1994, 75, 1326; 1996, 40, 773; 49, 953; 1997, 28, 422; 35, 538; 2000, 50, 317; 2001, 16, 69; RT III 2001, 15, 154; RT I 2001, 53, 307; 2002, 53, 336; 2003, 78, 527), who maintains at least two children or alone at least one child;
2) he is the only person taking care of a person with a severe or profound disability and the obligation to provide maintenance to the person arises from the Family Law Act.
(11.12.2002 entered into force 01.03.2003 - RT I 2002, 110, 656)
§ 55. Grant of postponement of call to service in order to complete education, run as candidate or work in elected office
(1) A person eligible to be drafted has the right to postponement of the call to service in order to commence studies at a vocational educational institution, institution of applied higher education or university directly after completion of secondary education, until 15 September of the same year.
(11) After being accepted for study in the educational institution specified in subsection (1) of this section, a person eligible to be drafted who commences acquisition of higher education, on graduation of which a diploma recognised by the state is issued, shall notify the Defence Resources Agency in writing not later than by 15 September of the calendar year during which he wishes to commence the performance of his compulsory military service obligation, whereas the person must commence performance of such obligation not later than within the first three years after acceptance for study in the educational establishment and choose an earlier calendar year for commencement of performance of such obligation than the year prescribed for graduation of the course for a standard period of study.
(21.12.06 entered into force 01.01.07 - RT I 2006, 63, 468)
(2) A person eligible to be drafted has the right to postponement of the call to service in order to complete general secondary education in daytime study until 1 July of the year in which he attains 21 years of age.
(21.12.06 entered into force 01.01.07 - RT I 2006, 63, 468)
(21) A person eligible to be drafted has the right to postponement of the call to service in order to complete vocational education in school-based and full time study until 1 July of the year in which he attains 21 years of age, provided that he:
1) is acquiring professional education on the basis of general secondary education, or
2) is acquiring secondary vocational education.
(21.12.06 entered into force 01.01.07 - RT I 2006, 63, 468)
(22) A person eligible to be drafted who is enrolled in the police, border guard or rescue programme in an institution of professional higher education for public defence has the right for a postponement of call to service until the end of the standard period for study, provided that the person eligible to be drafted submits, not later than within one month after matriculation, an application for postponement 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.
(21.12.06 entered into force 01.01.2002 - RT I 2006, 63, 468)
(3) A person eligible to be drafted who runs as a candidate in local government council elections, Riigikogu2 elections or elections to the European Parliament shall be granted postponement of the call to service until announcement of the election results or until the end of the period during which he is a member of a local government council, the Riigikogu or the European Parliament.
(18.12.2002 entered into force 23.01.2003 - RT I 2003, 4, 22)
(4) A student place shall be retained for a person eligible to be drafted for the period during which he performs his conscript service obligation.
(5) A student 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 for postponement of call to service until the time he is granted the first level qualification of the higher education, provided that the person eligible to be drafted submits, not later than within one month after matriculation, an application for postponement 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.
(21.12.06 entered into force 01.01.07 - RT I 2006, 63, 468)
§ 56. Application for postponement of call to service
(1) A person eligible to be drafted who is subject to call for compulsory military service and concerning whom circumstances for grant of postponement of call to service exist shall submit promptly, but not later than one month before the date of call for compulsory military service, to the Defence Resources Agency a written application for postponement of call to service subject to submission upon becoming evident of the bases for grant of postponement provided by this Act, and annexes the documents justifying the grant of postponement thereto or, if he has no access to such documents, indicates the location thereof.
(2) If the circumstances which are the basis for grant of postponement for call to service become evident after the term provided in subsection (1) of this section, the Defence Resources Agency shall restore, on its own initiative or at the request of the person eligible to be drafted, the term for submission of the application for grant of postponement for call to service.
(3) Submission of an application for grant of postponement for call to service does not suspend the validity or execution of the decision to call the person up for compulsory military service.
(21.12.06 entered into force 01.01.07 - RT I 2006, 63, 468)
§ 57. Deciding on grant of postponement of call to service
(1) The Defence Resources Agency shall decide on the grant of postponement of the call to service on the bases provided for in §§ 53-55 of this Act.
(01.06.2005 entered into force 01.08.2005 - RT I 2005, 33, 243)
(2) (Repealed - 01.06.2005 entered into force 01.08.2005 - RT I 2005, 33, 243)
§ 58. Termination of postponement of call to service (1) Postponement of the call to service terminates:
1) upon expiry of the term of postponement of the call to service;
2) if the circumstances which were the bases for the grant of postponement of the call to service no longer exist in respect of the person eligible to be drafted to whom postponement of the call to service has been granted on the bases provided for in §§ 54 and 55 of this Act.
(2) Persons eligible to be drafted are required to notify the Defence Resources Agency promptly, in writing or in a format which can be reproduced in writing of any changes in the circumstances provided for in clause (1) 2) of this section.
(01.06.2005 entered into force 01.08.2005 - RT I 2005, 33, 243)
(21.12.06 entered into force 01.01.07 - RT I 2006, 63, 468)
(3) (Repealed -21.120.2006 entered into force 01.01.07 - RT I 2006, 63, 468)
§ 59. Release from call-up for compulsory military service
(1) The following person eligible to be drafted to compulsory military service are not called up:
1) persons who are declared unfit for active service for health reasons and who are deleted from the register of persons liable to service in the Defence Forces;
2) persons with a criminal record for an intentionally committed criminal offence for which a sentence of imprisonment was given, or for commission of a criminal offence related to narcotic or psychotropic substances;
3) persons who during the term of postponement of the call to service attain 28 years of age.
(21.12.06 entered into force 01.01.07 - RT I 2006, 63, 468)
(2) A person liable to service in the Defence Forces who has performed his obligation of compulsory military service in another state for at least twelve months shall be released from call- up for compulsory military service and, where possible, shall be assigned to the reserve pursuant to the procedure provided for in subsections 68 (3), 78 (1) or 31 (6) and (7) of this Act.
(21.12.06 entered into force 01.01.07 - RT I 2006, 63, 468)
§ 60. Release from call-up for compulsory military service of persons eligible to be drafted due to serious chronic illness or physical or mental disability
(1) A person eligible to be drafted shall be declared unfit for active service due to a serious chronic illness or a physical or mental disability, shall be completely released from the duty to serve in the Defence Forces, and shall be deleted from the register of persons liable to service in the Defence Forces.
(2) (Repealed -21.120.2006 entered into force 01.01.07 - RT I 2006, 63, 468)
(3) (Repealed - 01.06.2005 entered into force 01.08.2005 - RT I 2005, 33, 243)
Subdivision 3
Performance of Conscript Service Obligation
§ 61. Duration of compulsory military service
(1) The duration of the conscript service obligation (hereinafter duration of compulsory military service) is a period during which a person liable to service in the Defence Forces is required to perform the duty to serve in the Defence Forces as a conscript.
(2) Compulsory military service commences as of the date on which a person eligible to be drafted arrives at the place of service which is set out in a directive of the commanding officer of a military unit or a commander equal to the commanding officer of the military unit for enlistment of the conscript for active service.
(3) The duration of compulsory military service, which shall not be longer than twelve months or shorter than eight months, shall be determined by the Government of the Republic on the proposal of the Minister of Defence.
(4) The duration of compulsory military service depends on the service of the Defence Forces, the nature of the military training, the tasks set for the military unit or structural unit, and the acquisition of higher education by the conscript at a vocational educational institution, institution of applied higher education or university on the basis of a positively accredited curriculum.
(29.01.2003 entered into force 10.03.2003 - RT I 2003, 20, 116)
(5) A conscript is deemed to be performing his or her duties from the commencement of compulsory military service until release therefrom.
(14.12.2004 entered into force 24.12.2004 - RT I 2004, 88, 599)
§ 62. (Repealed - 14.12.2004 entered into force 24.12.2004 - RT I 2004, 88, 599)
§ 63. (Repealed - 14.12.2004 entered into force 24.12.2004 - RT I 2004, 88, 599)
§ 631. Spokesperson for conscripts
(1) The spokesperson for conscripts is a conscript who represents the interests of conscripts in issues related to service before commanders who regulate the service.
(2) Upon representation of the interests of conscripts, the spokesperson is not required to disclose the name of the person who makes a proposal, except in the cases provided by law in the interests of criminal, disciplinary or administrative proceedings.
(3) The procedure for acting of a spokesperson elected by conscripts, which regulates the election and removal of the spokesperson, the holding of platoon meetings, membership of the body of spokespersons and the procedure for calling the body of spokespersons, the specific rights and obligations of the spokesperson and the procedure for the submission and processing of proposals shall be established by the Minister of Defence.
(11.12.2002 entered into force 01.03.2003 - RT I 2002, 110, 656)
Subdivision 4
Appointment of Conscript to Position and Release of Conscript from Position
§ 64. Appointment to position and release from position
(1) A conscript shall be appointed to a position and released from a position by a directive in the interests of service, regardless of his consent.
(2) Appointment to a new position releases a conscript from his former position.
(3) The commanding officer of a military unit or a commander equal thereto appoints conscripts to positions and releases them from positions.
(4) In the interests of service, a conscript shall be transferred from one military unit of the Defence Forces to another military unit by a directive of the service commander if the transfer takes place within the same service and by a directive Commander of the Defence Forces if the conscript is transferred to another service.
(21.12.06 entered into force 01.01.07 - RT I 2006, 63, 468) (5) A conscript shall be publicly notified of a directive to appoint the conscript to a position, pursuant to the procedure prescribed in the codes of conduct of the Defence Forces.
§ 65. Restrictions on appointment to position and on transfer to other military unit
(1) A conscript shall not be appointed to a position of full proprietary liability or a position as a regular member of the Defence Forces.
(2) A conscript shall not be appointed to a position where the immediate superior is his close relative by blood (grandparent, parent, brother, sister) or by marriage (spouse, or a parent, brother, sister or child of the spouse) or his cohabitee.
(11.12.2002 entered into force 01.03.2003 - RT I 2002, 110, 656)
§ 66. Appointment to higher position
(1) In the interests of service, a conscript may be appointed to a higher position (promoted) if he has undergone corresponding military training or has completed corresponding education for the higher position.
(2) A conscript shall not be appointed to a higher position:
1) if he is a suspect, the accused or the accused at trial in a criminal matter;
2) during the time when a disciplinary penalty is in force with regard to him.
§ 67. Appointment to lower position
A conscript may be appointed to a lower position (demoted) in connection with:
1) a disciplinary offence committed by him;
2) demotion in his rank;
3) repeated inability to perform the duties of his position (unsuitability for the position).
Subdivision 5
Release of Conscript from Compulsory Military Service
§ 68. Bases for release from compulsory military service (1) A conscript shall be released from compulsory military service in connection with his performance of the conscript service obligation upon expiry of the term of compulsory military service.
(2) A conscript shall be released from compulsory military service in connection with:
1) declaration of the person to be unfit for active service for health reasons and deletion from the register of persons liable to service in the Defence Forces;
2) imposition on the person of a sentence of imprisonment for an intentionally committed criminal offence, or punishment for commission of a criminal offence related to narcotic or psychotropic substances;
3) the person's duty to care for a person with a severe or profound disability as the only caregiver if the obligation to provide maintenance to the person arises from the Family Law Act;
4) the person being a parent or guardian of a child or other person maintaining a child within the meaning of the Family Law Act, who maintains at least two children or alone at least one child;
5) entry into contractual service in a unit in permanent readiness;
6) commencement of studies in an educational institution of the Defence Forces.
(21.12.06 entered into force 01.01.07 - RT I 2006, 63, 468)
(3) A conscript may be released from compulsory military service and his conscript service obligation may be deemed to have been performed on the bases set out in clauses (2) 1), 2), 5) or 6) of this section, upon a directive of the commanding officer of the military unit or another commanding officer deemed to be equal to him or her and, on the bases set out in clauses (2) 3) or 4) of this section, upon a directive of the service commander or the head of an institution directly subordinate to the Commander of the Defence Forces.
(21.12.06 entered into force 01.01.07 - RT I 2006, 63, 468)
§ 69. Release from compulsory military service
(1) A conscript who has performed his conscript service obligation shall be released from compulsory military service on the date set out in a directive of the commanding officer of the military unit or a commander equal thereto.
(2) If the date of release from service falls on a day off, a conscript shall be released from compulsory military service on the working day preceding the day off.
(3) A person who is released from compulsory military service shall be assigned to the reserve or deleted from the register of persons liable to service in the Defence Forces.
(4) A conscript shall be publicly notified of a directive to release the conscript from service, pursuant to the procedure prescribed in the codes of conduct of the Defence Forces and at least two working days before release. A transcript (extract) of the directive shall be promptly sent to the Defence Resources Agency where the person released from compulsory military service is assigned to the reserve.
(01.06.2005 entered into force 01.08.2005 - RT I 2005, 33, 243)
(5) In order to be assigned to the reserve, a conscript shall notify the commanding officer of the military unit of the future residence according to which he will be registered with the Defence Resources Agency.
(01.06.2005 entered into force 01.08.2005 - RT I 2005, 33, 243)
(6) Upon release of a conscript from compulsory military service, the commanding officer of the military unit or a commander appointed by him or her shall make an entry in the national register of persons liable to service in the Defence Forces concerning the period, in months and days, during which he performed the duty to serve in the Defence Forces.
(01.06.2005 entered into force 01.08.2005 - RT I 2005, 33, 243)
(7) Upon release of a conscript from compulsory military service, the conscript shall receive all documents deposited by him for the duration of the compulsory military service and, on his request, an entry concerning the period of his compulsory military service shall be made in his employment record book.
(8) In a state of emergency or state of war, conscripts shall not be released from active service. In the event of mobilisation, all conscripts are deemed to be mobilised in the Defence Forces as of the declaration of mobilisation.
§ 70. Termination of service relationship of conscript in event of his death
(1) The service relationship of a conscript is deemed to be terminated as of the day following the day of his death.
(2) If a conscript dies, he shall be deleted from the register of persons liable to service in the Defence Forces.
Division 2 Alternative Service
Subdivision 1
Organisation of Alternative Service
§ 71. Organisation of alternative service
Alternative service shall be performed pursuant to the procedure provided for in this Act and in legislation issued on the basis thereof.
§ 72. Substitution of compulsory military service with alternative service
(1) The Defence Forces Agency shall decide on the substitution of compulsory military service with alternative service.
(01.06.2005 entered into force 01.08.2005 - RT I 2005, 33, 243)
(2) In order to verify the justification of the motives for an application, submitted by a person eligible to be drafted, to substitute compulsory military service with alternative service, the Defence Forces Agency shall:
(01.06.2005 entered into force 01.08.2005 - RT I 2005, 33, 243)
1) collect explanations from the person eligible to be drafted and those closest to him;
2) make inquiries of the place of study or work of the person eligible to be drafted and of the religious organisation specified by him.
(3) The Defence Forces Agency may summon a person eligible to be drafted or request additional documents, or decide without doing either of these whether to satisfy or deny an application for substitution of compulsory military service with alternative service.
(01.06.2005 entered into force 01.08.2005 - RT I 2005, 33, 243)
(4) If a person eligible to be drafted disagrees with a decision of the Defence Forces Agency, he may file a challenge with the Defence Forces service commission or an action with an administrative court.
(01.06.2005 entered into force 01.08.2005 - RT I 2005, 33, 243)
§ 73. Place of service of person in alternative service
Persons in alternative service shall serve in structural units determined by the Government of the Republic which are in the area of government of the Ministry of Internal Affairs or the Ministry of Social Affairs and which are engaged in rescue, social care or emergency work.
§ 74. Duration of alternative service
The duration of alternative service shall not be longer than eighteen months or shorter than twelve months. The duration of alternative service shall be determined by the Government of the Republic on the proposal of the Minister of Defence.
(14.12.2004 entered into force 24.12.2004 - RT I 2004, 88, 599)
Subdivision 2
Call-up for Alternative Service, Service in Alternative Service and Release from Alternative Service
§ 75. Call-up of persons eligible to be drafted for alternative service
(1) Persons eligible to be drafted shall be called up for alternative service on the same bases and pursuant to the same procedure as for compulsory military service.
(2) A person in alternative service means a person who is serving in alternative service.
§ 76. Alternative service
(1) Persons in alternative service shall not against their 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 and substances which are intended for the extermination or injury of persons.
(2) A person who is in alternative service shall be appointed to or released from a position of a person in alternative service on the bases and pursuant to the procedure for the appointment of conscripts to positions and the release of conscripts from positions.
(21) In alternative service, remuneration shall be paid to a person in alternative service from the agency in which the person is in service according to the position.
(11.12.2002 entered into force 01.03.2003 - RT I 2002, 110, 656) (3) The titles of positions of persons in alternative service shall be established by the Government of the Republic.
(4) On the basis of an application of a person in alternative service, the Defence Forces service commission may transfer the person in alternative service to compulsory military service during the first half of the alternative service and shall deem, in assessing performance of the conscript service obligation, two days of alternative service equivalent to one day of compulsory military service.
§ 77. Performance of conscript service obligation in alternative service
(1) The conscript service obligation in alternative service shall be performed on the same bases and pursuant to the same procedure as the conscript service obligation, taking into consideration the specifications of this Division.
(11) Alternative service shall be suspended by a directive of the Minister of Internal Affairs or the Minister of Social Affairs in connection with:
1) declaration of the person in alternative service temporarily unfit for service for health reasons for up to two months on the basis of a decision of a medical committee of the Defence Forces;
2) the fact that the person in alternative service is held in preventive custody for more than ten days.
(11.12.2002 entered into force 01.03.2003 - RT I 2002, 110, 656)
(12) A person liable to service in the Defence Forces whose conscript service obligation is not deemed to have been performed shall be registered in the Defence Resources Agency on the basis of a directive for suspension of alternative service and shall be called up to continue alternative service if the circumstances provided for in subsection (11) of this section which caused suspension of his alternative service or the circumstances provided for in § 59 of this Act which caused his release from call-up for compulsory military service no longer exist in respect of him.
(01.06.2005 entered into force 01.08.2005 - RT I 2005, 33, 243)
(13) A person liable to service in the Defence Forces whose alternative service is suspended is required to notify the Defence Resources Agency promptly, in writing or in a format which can be reproduced in writing, if the circumstances which caused the suspension of his alternative service change or cease to exist.
(01.06.2005 entered into force 01.08.2005 - RT I 2005, 33, 243) (21.12.06 entered into force 01.01.07 - RT I 2006, 63, 468)
(2) A person in alternative service shall be released from alternative service if he cannot continue to perform the conscript service obligation in alternative service because:
1) he is declared unfit for active service for health reasons on the basis of a decision of a medical committee of the Defence Forces;
2) he is serving a sentence imposed for an intentionally committed criminal offence;
3) of his duty to care for a person with a severe or profound disability as the only caregiver if the obligation to provide maintenance to the person arises from the Family Law Act.
(11.12.2002 entered into force 01.03.2003 - RT I 2002, 110, 656)
(21) A person in alternative service may be released from alternative service on the bases set out in subsection (2) of this section and his conscript service obligation may be deemed to have been performed upon a directive of the Minister of Internal Affairs or Minister of Social Affairs if the person in alternative service has served in the Defence Forces for at least three quarters of the term of alternative service.
(11.12.2002 entered into force 01.03.2003 - RT I 2002, 110, 656)
(3) Alternative service shall be organised by a directive of the Minister of Internal Affairs or Minister of Social Affairs.
§ 78. Release from alternative service and assignment to reserve
(1) Upon release of a person performing alternative service from alternative service, the person shall be assigned to the reserve.
(2) Persons who complete alternative service and are assigned to the reserve shall be registered in the register of persons liable to service in the Defence Forces.
(3) All rights and duties of reservists provided for in this Act which are not in conflict with the conditions specified in subsection 76 (1) of this Act apply to persons who complete alternative service and are assigned to the reserve.
Division 3
Contractual service
Subdivision 1
Employment of persons in contractual service as regular members of Defence Forces
§ 79. Requirements for employment in contractual service
(1) A citizen of Estonia may be employed in contractual service as a regular member of the Defence Forces if:
1) he or she has attained at least 18 years of age;
2) he or she has required qualifications, education and military training;
3) he or she is proficient in Estonian to the extent required of a regular soldier, a regular non- commissioned officer or a regular officer;
4) his or her state of health enables him or her to perform his or her duties.
5) his or her physical condition enables him or her to perform his or her duties.
(21.12.06 entered into force 01.01.07 - RT I 2006, 63, 468)
(2) Requirements for regular soldiers, regular non-commissioned officers and regular officers concerning proficiency in Estonian shall be established by the Government of the Republic.
(14.12.2004 entered into force 24.12.2004 - RT I 2004, 88, 599)
(3) A person's state of health enables him to perform his duties if he has been declared it to serve in active service and persons declared fit to serve in active service by a decision of a medical committee.
(14.12.2004 entered into force 24.12.2004 - RT I 2004, 88, 599)
(4) The Minister of Defence may establish, by a regulation, additional requirements for the health of regular members of the Defence Forces for the performance of their duties arising from their positions.
(14.12.2004 entered into force 24.12.2004 - RT I 2004, 88, 599)
(5) The Minister of Defence shall establish, by a regulation, the requirements for the physical condition of regular members of the Defence Forces.
(21.12.06 entered into force 01.01.07 - RT I 2006, 63, 468)
§ 80. Circumstances precluding acceptance for contractual service A person shall not be accepted for contractual service if he or she:
1) is a suspect or the accused in a criminal matter;
(14.12.2004 entered into force 24.12.2004 - RT I 2004, 88, 599)
2) has been punished for an intentionally committed criminal offence and data concerning his or her punishment are in the punishment register;
(14.12.2004 entered into force 24.12.2004 - RT I 2004, 88, 599)
3) has been convicted and deprived of the right to work in positions of military rank by a court judgment which has entered into force;
4) has been released from service in the Defence Forces or the police or from public service for a disciplinary offence and if less than one year has passed from the release;
5) receives a pension, remuneration or other regular benefits from a foreign state;
6) has been in the service or an agent of an intelligence or counterintelligence service of a security organisation of a state which has occupied Estonia, or if he or she has participated in persecution or repression of persons because of their political beliefs, disloyalty, social class or service in the state or defence service of the Republic of Estonia.
§ 81. Documents to be submitted for entry into contractual service and procedure for entry into contractual service
The list of documents to be submitted by regular members of the Defence Forces in order to enter into contractual service, the procedure for entry into contractual service and the requirements for the content and format of active service contracts and other relevant documents shall be established by a regulation of the Minister of Defence.
§ 82. Active service contracts
(1) An active service contract is a written agreement entered into in the name of the Republic of Estonia with a person entering into contractual service, according to which:
1) the person entering into contractual service assumes the obligation to serve as a regular member of the Defence Forces and to comply with the conditions and procedure provided for in this Act, codes of conduct of the Defence Forces and other legislation;
2) the commander entering into the active service contract in the name of the Republic of Estonia and on the basis of this Act assumes the obligation to pay remuneration and guarantee other rights of members of the Defence Forces provided for in this Act, codes of conduct of the Defence Forces and other legislation to the regular member of the Defence Forces during his or her active service.
(2) Upon entry into an active service contract, the following shall be provided for in the contract:
1) the term of the contract;
2) (Repealed - 14.12.2004 entered into force 24.12.2004 - RT I 2004, 88, 599)
3) the consent of the regular member of the Defence Forces to serve in a position of full proprietary liability;
4) the due date and conditions for entry into active service.
(14.12.2004 entered into force 24.12.2004 - RT I 2004, 88, 599)
(3) An active service contract is amended by annexes to the contract.
§ 83. Term of active service contracts
(1) An active service contract shall be entered into for an unspecified term. With the agreement of the parties, an active service contract may be entered into for a specified term.
(2) Under the conditions and pursuant to the procedure provided for in this Act, contracts shall terminate as follows:
1) an active service contract entered into for an unspecified term shall terminate on the date of release from active service or the date of termination of active service, as set out in the corresponding directive;
2) an active service contract entered into for a specified term shall terminate on the date set out in the contract.
§ 84. Entry into active service contracts
(1) The following commanders or heads are authorised to enter into active service contracts (hereinafter commander entering into a contract):
1) in the case of a regular officer, the Commander (Commander-in-Chief) of the Defence Forces; 2) in the case of a regular non-commissioned officer or a regular soldier in the Defence Forces or the National Defence League, the commander specified by the Commander (Commander-in- Chief) of the Defence Forces, who shall be no lower in rank than commanding officer of a military unit;
3) in the case of a regular non-commissioned officer or a regular soldier in a militarily organised agency or unit, the head of the agency or unit who pursuant to law is equal to the commanding officer of a military unit or to a commander superior to the latter.
(2) By signing the active service contract, the regular member of the Defence Forces confirms his or her consent to the conditions of the contract and the accuracy of the information submitted by him or her.
(3) An active service contract shall be entered into in two original copies, one of which remains with the regular member of the Defence Forces and the other is annexed to his or her service record.
(4) An active service contract enters into force at the moment it is signed.
§ 85. Amendment of active service contracts
(1) An active service contract is amended by an annex to the contract signed by both parties under the conditions and pursuant to the procedure provided for in this Act and the contract.
(2) Any annexes to the active service contract or copies of directives shall be annexed to the service record of the regular member of the Defence Forces.
(3) Amendments to an active service contract do not suspend the corresponding active service relationship.
§ 86. Bilateral amendment of active service contracts upon agreement
(1) With the agreement of the regular member of the Defence Forces and the commander who entered into the contract with him or her, an active service contract entered into for a specified term may, before the date of expiry of the contract, be changed to an active service contract entered into for an unspecified term.
(2) After every three years of contractual service, a regular member of the Defence Forces has the right to submit a written application personally and within one month to the commander who entered into the contract with him or her for amendment of the conditions of the active service contract. (3) A regular member of the Defence Forces shall not apply for amendment of the conditions of his or her active service contract if he or she is in a service relationship which is provided for in the codes of conduct and guidelines of the Defence Forces or the directives of the Commander (Commander-in-Chief) of the Defence Forces.
(4) An active service contract shall be amended on the basis of an application specified in subsection (2) of this section to the extent agreed upon by the parties. If the parties fail to reach an agreement, the active service contract shall be terminated under the conditions and pursuant to the procedure provided for in subsection 109 (2) of this Act
(5) If a regular member of the Defence Forces is assigned to a unit of the Defence Forces performing an international obligation of the Republic of Estonia, his or her active service contract shall be brought into conformity with the requirements of the international agreement or the resolution of the Riigikogu.
(6) If a regular member of the Defence Forces is referred to an institution of civil education for the purposes of acquiring higher education, the terms and conditions for him or her to resume service shall be provided in his or her active service contract.
§ 87. Grounds for repeal of active service contracts
The active service contract of a regular member of the Defence Forces shall be repealed by a directive of the commander who entered into the contract with him or her if:
1) before his or her appointment to a position, circumstances provided for in this Act which confirm his or her non-conformity with the requirements for entry into active service or preclude his or her entry into active service become evident;
2) an application to forgo entry into active service submitted by him or her before being appointed to a position is satisfied.
§ 88. Acceptance for contractual service
A regular member of the Defence Forces is accepted for contractual service by a directive of the commander who enters into the contract.
Subdivision 2
General provisions for appointment of regular members of Defence Forces to positions and release therefrom
§ 89. Appointment to position and release from position
(1) A regular member of the Defence Forces shall be appointed to a position of military rank and released therefrom by a directive:
1) in the interests of service, regardless of his or her consent;
2) on his or her own initiative and request;
(2) Regular officers shall be appointed to and released from positions in the Defence Forces or the National Defence League by the Commander (Commander-in-Chief) of the Defence Forces or a commander specified thereby, who shall be no lower in rank than commanding officer of a military unit.
(3) Outside the Defence Forces and the National Defence League, a regular officer shall be appointed to and released from a position by the head of the militarily organised agency or unit.
(4) Regular non-commissioned officers and regular soldiers shall be appointed to and released from positions by the commanding officer of the military unit or a commander equal thereto.
(5) A regular member of the Defence Forces shall not be appointed to a position where the immediate superior is his or her close relative by blood (grandparent, parent, brother, sister, child, grandchild) or by marriage (spouse, or a parent, brother, sister or child of the spouse) or his or her cohabitee.
(11.12.2002 entered into force 01.03.2003 - RT I 2002, 110, 656)
(6) A regular non-commissioned officer shall not be appointed to a position of a regular soldier and a regular officer shall not be appointed to a position of a regular non-commissioned officer or a regular soldier. A regular member of the Defence Forces shall not be appointed to a position of a conscript.
(7) A regular soldier shall not be appointed to a position of a regular officer or a regular non- commissioned officer and a regular non-commissioned officer shall not be appointed to a position of a regular officer.
§ 90. Appointment of regular member of Defence Forces as substitute
(1) In the interests of service, the Commander (Commander-in-Chief) of the Defence Forces or the head of a militarily organised agency or unit may appoint a regular member of the Defence Forces as substitute to a vacant higher position for up to six months.
(2) Appointment of a regular member of the Defence Forces as a substitute does not release him or her from his or her principal position.
§ 91. Deputising for commander
(1) In the event of needing to deputise for a commander, a senior commander shall assign the duties of the commander to be deputised for to another member of the Defence Forces serving in a position of the same seniority or a lower position.
(2) A deputising member of the Defence Forces shall sign documents with his or her official title and add the title of the commander deputised for, together with the word “ülesannetes” [in the capacity of].
§ 92. Suspension of active service relationship of regular member of Defence Forces in connection with criminal matter
(1) A regular member of the Defence Forces shall be released from his or her position and his or her active service relationship shall be suspended if:
1) he or she is held in preventive custody in a criminal matter for more than ten days or taking into custody as a preventive measure is substituted with security as a preventive measure – as of the date following the date on which he or she is taken into custody;
(11.12.2002 entered into force 01.03.2003 - RT I 2002, 110, 656)
2) he or she has been removed from his or her position by an order of a preliminary investigator due to being accused of a criminal offence – as of the date following the date on which he or she is removed from the position, specified in the order of the preliminary investigator.
(2) In the cases provided for in subsection (1) of this section, the active service relationship of a regular member of the Defence Forces shall be suspended for a period lasting from the date of his or her release from the position until the entry into force of a court judgment or the termination of the criminal proceedings with regard to him or her, and no salary, additional remuneration or benefits shall be paid to him or her for the period.
(3) The active service relationship of a regular member of the Defence Forces who has been released from his or her position on the grounds provided for in subsection (1) of this section shall be restored and he or she shall be reinstated in a position of the same seniority as of the date following the date of entry into force of a judgment of acquittal in the criminal matter on the basis of which he or she was released from his or her position as of the date following the date of entry into force of a ruling on termination of the criminal proceedings with regard to him or her, and he or she shall be compensated for damage caused by unfounded deprivation of liberty or unfounded removal from position to the extent and pursuant to the procedure provided by law.
§ 93. Grounds for release from position
(1) A regular member of the Defence Forces shall be released from his or her position in connection with:
1) his or her appointment to a new position;
2) health reasons;
3) the termination of his or her term of service
4) the prohibition to work together with close relatives by blood or marriage or the cohabitee;
(11.12.2002 entered into force 01.03.2003 - RT I 2002, 110, 656)
5) being sent to study;
6) redundancy together with appointment to a new position;
7) his or her unsuitability for the position;
8) a disciplinary offence committed by him or her;
9) being held in preventive custody in a criminal matter for more than ten days or removal from his or her position by an order of a preliminary investigator due to being accused of a criminal offence;
(11.12.2002 entered into force 01.03.2003 - RT I 2002, 110, 656)
91) his or her release from position during the time of a disciplinary proceeding or departmental investigation;
(21.09.05 entered into force 23.10.05 - RT I 2005, 53, 420)
10) his or her release from contractual service.
(11) Upon substitution of taking into custody as a preventive measure with security as a preventive measure provided for in clause (1) 9) of this section, the commander who appointed the regular member of the Defence Forces to a position shall decide the release of the regular member of the Defence Forces from the position. (11.12.2002 entered into force 01.03.2003 - RT I 2002, 110, 656)
(2) A regular member of the Defence Forces shall not be released from his or her position if he or she:
1) is temporarily released from the performance of his or her duties for health reasons or on other legal bases;
2) is on holiday;
3) is being held in detention to serve a disciplinary penalty.
§ 94. Directives on appointment to and release from position
(1) A regular member of the Defence Forces shall be released from a position and appointed to a new position by the same directive if he or she is released from the position and appointed to the new position by the same commander.
(2) A regular member of the Defence Forces shall be released from a position by a directive to release him or her from the position and appointed to a position by a directive to appoint him or her to the position if his or her release from the position and appointment to the new position (place of service) is based on a directive of a senior commander.
(3) When a regular member of the Defence Forces is appointed to his or her first position after entering into contractual service, a reference to the directive to accept him or her for contractual service shall be made in the directive to appoint him or her to the position, unless he or she was appointed to the position by the commander who accepted him or her for contractual service.
(4) If a regular officer, regular non-commissioned officer or regular soldier is released from his or her position in the Defence Forces or the National Defence League, the basis and conditions for the termination of his or her active service contract shall be indicated in the directive to release him or her from the position and the active service contract shall be terminated by the same directive upon his or her release from contractual service.
(5) A directive to appoint a regular member of the Defence Forces to a position or to release him or her from a position shall be promptly communicated to him or her against a signature.
§ 95. Referral to service
(1) A regular member of the Defence Forces shall be referred to a place of service specified in § 14 of this Act as follows: 1) in the case of a referral from the Defence Forces or the National Defence League – by the Commander (Commander-in-Chief) of the Defence Forces;
2) in the case of a referral from a militarily organised agency or unit – by the head of the agency in the structure of which the militarily organised unit belongs, in co-ordination with the Commander (Commander-in-Chief) of the Defence Forces.
(2) In the interests of service, a regular member of the Defence Forces may be referred to a permanent place of service in a government agency.
(3) Three months before the expiry of a term of service in an agency specified in subsection (1) of this section, the Commander (Commander-in-Chief) of the Defence Forces or the head of the government agency, as appropriate, shall:
1) notify the regular member of the Defence Forces completing his or her service in the government agency of his or her new place of service by a directive;
2) make a proposal to the Minister or the head of the government agency concerning the next regular member of the Defence Forces to be referred to the corresponding place of service.
(4) Unless otherwise provided by this Act, the duties of employment provided by the Public Service Act and the internal procedure rules of the corresponding administrative agency apply to regular members of the Defence Forces serving in a government agency.
(5) Unless otherwise provided by the Foreign Service Act (RT I 1995, 15, 172; 50, 764; 1996, 49, 953; 2001, 43, 240; 2002, 82, 481), the provisions of the Public Service Act and this Act apply to regular members of the Defence Forces serving in the position of a Military Attaché of the Republic of Estonia.
§ 96. Reserve of regular members of the Defence Forces
(11.12.2002 entered into force 01.03.2003 - RT I 2002, 110, 656)
(1) The reserve of regular members of the Defence Forces is a place of service at the General Staff of the Defence Forces for regular members of the Defence Forces who are accepted for active service or who have been released from a position but have not been appointed to a new position.
(11.12.2002 entered into force 01.03.2003 - RT I 2002, 110, 656)
(2) The Commander (Commander-in-Chief) of the Defence Forces shall assign a regular member of the Defence Forces to the reserve of regular members of the Defence Forces on the bases and pursuant to the procedure provided by this Act until the regular member of the Defence Forces is appointed to a new position, but for not longer than thirty calendar days.
(11.12.2002 entered into force 01.03.2003 - RT I 2002, 110, 656)
(3) Upon a reasoned request of the Commander (Commander-in-Chief) of the Defence Forces, the period during which a regular member of the Defence Forces is included in the reserve of regular members of the Defence Forces may be extended to up to ninety calendar days by a directive of the Minister of Defence.
(11.12.2002 entered into force 01.03.2003 - RT I 2002, 110, 656)
(4) A regular member of the Defence Forces may be assigned to the reserve of regular members of the Defence Forces immediately after his or her entry into active service if he or she is accepted for active service for the purpose of performing an international obligation of the Republic of Estonia and if his or her appointment to a position outside Estonia arises from the performance of an international agreement or obligation of the Republic of Estonia.
(11.12.2002 entered into force 01.03.2003 - RT I 2002, 110, 656)
(5) If a regular member of the Defence Forces cannot be appointed to a position within the term specified in subsection (2) or (3) of this section, his or her active service contract shall be terminated and the regular member of the Defence Forces shall be assigned to the reserve.
(11.12.2002 entered into force 01.03.2003 - RT I 2002, 110, 656)
(6) The maximum number of regular members of the Defence Forces in the reserve of regular members of the Defence Forces shall be determined by the Government of the Republic.
(11.12.2002 entered into force 01.03.2003 - RT I 2002, 110, 656)
(7) During the period a regular member of the Defence Forces is included in the reserve of regular members of the Defence Forces, he or she shall continue to receive service pay according to his or her most recent position. A regular member of the Defence Forces assigned to the reserve of regular members of the Defence Forces on the basis of subsection (4) of this section shall, until appointment to his or her position, be paid the lowest service pay prescribed for a position corresponding to his or her rank.
(11.12.2002 entered into force 01.03.2003 - RT I 2002, 110, 656)
§ 97. Appointment of leadership of Defence Forces to office and release from office
(1) The Commander of the Defence Forces shall be appointed to office by a resolution of the Riigikogu, on the proposal of the President of the Republic for one term of five years. The Commander of the Defence Forces shall be prematurely released from office by a resolution of the Riigikogu, on the proposal of the President of the Republic
(2) The Commander-in-Chief of the Defence Forces shall be appointed to and released from office by a resolution of the Riigikogu, on the proposal of the President of the Republic.
(3) The Commander of the Defence Forces shall notify the President of the Republic of his or her resignation from office at least four months in advance.
(4) The Commander of the General Staff of the Defence Forces, the Commander of the National Defence League and service commanders shall be appointed to and released from office by a directive of the President of the Republic, on the proposal of the Government of the Republic and the Commander (Commander-in-Chief) of the Defence Forces.
(23.11.06 entered into force 01.02.2002 - RT I 2006, 53, 398)
§ 971. Security check of candidate for Commander of Defence Forces
(1) The candidate for Commander of Defence Forces must pass a security check before being appointed the Commander of Defence Forces, except if he or she has a valid access permit in order to access state secrets classified as “top secret”.
(2) A person acquires the status of the candidate for Commander of Defence Forces after the President of the Republic has proposed to the person to apply for the office and the person agrees to it in writing.
(3) The security check of the candidate for Commander of Defence Forces shall be performed by the Security Police Board pursuant to the procedure provided for in the Surveillance Act (RT I 1994, 16, 290; 1995, 15, 173; 1996, 49, 955; 1997, 81, 1361; 93, 1557; 1998, 47, 698; 50, 753; 51, 756; 61, 981; 98/99, 1575; 101, 1663; 1999, 16, 271; 31, 425; 95, 845; 2000, 35, 222; 40, 251; 102, 671; 2001, 3, 9; 7, 17; 58, 353; 68, 407; 2002, 56, 350; 61, 375; 2003, 88, 591; 2004, 2, 7).
(4) In order to pass the security check, the candidate for Commander of Defence Forces shall submit a completed form for an applicant for a permit to access state secrets classified as “top secret” to the Security Police Board through the Office of the President of the Republic, and also written consent which permits the agency which performs security checks to obtain information concerning the person from natural and legal persons and state and local government agencies and bodies during the performance of the security check.
(5) The Security Police Board shall, within three months as of receipt of the documents specified in subsection (4) of this section, present the information gathered as a result of the security check to the Committee for the Protection of State Secrets and shall provide an opinion concerning the compliance of the candidate for Commissioner of Defence Forces with the conditions for the issue of a permit for access to state secrets. The Committee for the Protection of State Secrets shall review and approve the results of the security check performed with regard to the candidate for Commissioner of Defence Forces and shall send the results to the Minister of Defence who shall present the gathered information to the President of the Republic not later than on the next working day after receipt thereof.
(06.06.2001 entered into force 12.07.2001 - RT I 2001, 58, 353)
(6) In the cases where the authority of the Commander of the Defence Forces has terminated prematurely, the security check of the candidate for Commander of the Defence Forces shall be performed within one month as of the receipt of the documents specified in subsection (4) of this section. With the permission of the Committee for the Protection of State Secrets, the term for performing the security check may be extended by one month if circumstances specified in clause
30 (21) 1) or 2) of the State Secrets Act (RT I 1999, 16, 271; 82, 752; 2001, 7, 17; 93, 565; 100, 643; 2002, 53, 336; 57, 354; 63, 387; 2003, 13, 67; 23, 147; 2004, 2, 7) arise or if it is possible that circumstances specified in clause 30 (21) 3) or 4) of the State Secrets Act may arise within one month.
(29.01.2003 entered into force 15.03.2003 - RT I 2003, 20, 119)
§ 972. Appointment to office of Commander-in-Chief of the Defence Forces or Acting Commander of Defence Forces
Only a person who has a valid access permit for accessing state secrets classified as "top secret" may be appointed the Commander-in-Chief or Acting Commander of the Defence Forces.
(06.06.2001 entered into force 12.07.2001 - RT I 2001, 58, 353)
Subdivision 3
Release of regular members of Defence Forces from positions and appointment to new positions
§ 98. Release from position due to appointment to higher position
(1) In the interests of service, a regular member of the Defence Forces may be released from his or her current position and appointed to a higher position (promoted) if his or her education, qualifications, military training and professional career meet the requirements for the higher position and if the results of evaluation of the regular member of the Defence Forces confirm that he or she is suitable for the higher position.
(2) A regular member of the Defence Forces shall not be appointed to a higher position:
1) if he or she is a suspect, the accused or the accused at trial in a criminal matter;
2) during the time when his or her disciplinary penalty is in force.
§ 99. Release from position due to appointment to new position of same seniority
(1) A regular member of the Defence Forces shall be released from his or her current position and appointed to a new position of the same seniority:
1) in the interests of service;
2) at his or her request.
3) if he or she has been declared unsuitable for his or her current position on the basis of evaluation results.
(21.12.06 entered into force 01.01.07 - RT I 2006, 63, 468)
(2) After a regular member of the Defence Forces has been released from his or her position in the interests of service, he or she may be assigned to the reserve of regular members of the Defence Forces until appointment to a new position of the same seniority.
(11.12.2002 entered into force 01.03.2003 - RT I 2002, 110, 656)
§ 100. Release from position due to appointment to lower position
A regular member of the Defence Forces may be released from his or her current position and appointed to a lower position (demoted):
1) at his or her request;
2) if he or she has been declared unsuitable for his or her current position on the basis of evaluation results;
3) as a disciplinary penalty;
4) in the case of demotion in rank.
§ 101. Release from position and appointment to new position for health reasons
(1) A regular member of the Defence Forces shall be released from his or her position for health reasons on the basis of a decision of the medical committee of the Defence Forces and shall be appointed to a new position of the same seniority or a lower position on the basis of his or her state of health.
(2) If the reasons for the appointment of a regular member of the Defence Forces to a lower position on the basis of subsection (1) of this section cease to exist, the regular member of the Defence Forces shall, at his or her request and on the basis of a decision of the medical committee of the Defence Forces, be appointed to a position of the same seniority as the position from which he or she was released for health reasons.
(3) A regular member of the Defence Forces who has been released from his or her position due to being declared unsuitable for the position for health reasons may be assigned to the reserve of regular members of the Defence Forces until appointment to a new position.
(11.12.2002 entered into force 01.03.2003 - RT I 2002, 110, 656)
§ 102. Release from position due to expiry of term of service
(1) The head of an agency shall release a regular member of the Defence Forces from a position specified in subsection 14 (3) of this Act due to the expiry of the term of service, on the due date indicated in the directive on the referral to service.
(2) A regular member of the Defence Forces who has been released from his or her position due to the expiry of his or her term of service but who continues in active service shall be referred to his or her former place of service by the commander who referred him or her to the government agency or educational institution.
(3) A regular member of the Defence Forces who has been released from his or her position due to the expiry of his or her term of service may be assigned to the reserve of regular members of the Defence Forces until appointment to a new position.
(11.12.2002 entered into force 01.03.2003 - RT I 2002, 110, 656)
§ 103. Release from position due to prohibition to work together with close relatives by blood or marriage
(1) A regular member of the Defence Forces shall be released from his or her position within ten days if his or her immediate superior is his or her close relative by blood (grandparent, parent, brother, sister, child, grandchild) or by marriage (spouse, or a parent, brother, sister or child of the spouse) or his or her cohabitee and the regular member of the Defence Forces shall be appointed to another position of the same seniority.
(11.12.2002 entered into force 01.03.2003 - RT I 2002, 110, 656)
(2) A regular member of the Defence Forces who is released from his or her position in connection with the prohibition to work together with close relatives by blood or marriage or the cohabitee may be assigned to the reserve of regular members of the Defence Forces until appointment to a new position of the same seniority or, with his or her consent, to a lower position.
(11.12.2002 entered into force 01.03.2003 - RT I 2002, 110, 656)
§ 104. Release from position due to referral to educational institution
(1) A regular member of the Defence Forces who is referred to an educational institution may be released from his or her position if his or her period of study exceeds six consecutive months.
(2) The Commander of the Defence Forces refers a regular member of the Defence Forces to study in an institution of civil education with his or her consent.
(3) A regular member of the Defence Forces shall be referred to an institution of military education to continue his or her military education or training in the interests of service by the commander who appointed him or her to a position.
(4) A regular member of the Defence Forces who has been referred to an educational institution shall retain the position which he or she held before the referral for the period of study, but not for longer than one year, and a substitute may be appointed to the position.
§ 105. Release from position due to redundancy together with appointment to new position
(1) A regular member of the Defence Forces shall be released from his or her position and appointed to a new position:
1) if the total number of positions of regular members of the Defence Forces is reduced and service is subsequently re-organised;
2) if the military unit is re-formed or disbanded, or the militarily organised agency or unit is re- organised or the activities thereof are terminated;
3) upon expiry of the term for him or her to act as a substitute on the bases provided for in §§ 91 and 104 of this Act or if another regular member of the Defence Forces is appointed to the position in which he or she acts as substitute;
4) if the regular member of the Defence Forces who previously served in the given position is reinstated to his or her former position on the basis of a court judgment.
(2) A regular member of the Defence Forces who is released from his or her position on the bases provided for in clause (1) 2), 3) or 4) of this section shall be appointed to a new position of the same seniority or, with his or her consent, to a lower position.
(3) A regular member of the Defence Forces who is released from his or her position on the bases provided for in clause (1) 2), 3) or 4) of this section may be assigned to the reserve of regular members of the Defence Forces until appointment to a new position of the same seniority or, with his or her consent, to a lower position.
(11.12.2002 entered into force 01.03.2003 - RT I 2002, 110, 656)
§ 106. Preferential right to remain in active service upon reduction of total number of positions of regular members of Defence Forces
(1) If the total number of positions of regular members of the Defence Forces is reduced and regular members of the Defence Forces are subsequently released from their positions due to redundancy, regular members of the Defence Forces who have impeccable career records and better performance indicators and evaluation results have the preferential right to remain in active service.
(2) In the case of equally impeccable career records and equal performance indicators and evaluation results, the fact whether a regular member of the Defence Forces has dependants shall be taken into consideration.
(3) If the total number of positions of regular members of the Defence Forces is reduced, a military unit is re-formed or disbanded, or a militarily organised agency or unit is re-organised or the activities thereof are terminated, the commander who entered into the service contracts has the right to relocate regular members of the Defence Forces by releasing from position, due to redundancy, a person whose position is retained and appointing to this position another regular member of the Defence Forces who is made redundant.
§ 107. Release from position due to unsuitability for position
(1) A regular member of the Defence Forces shall be released from his or her position due to unsuitability for the position: 1) if the regular member of the Defence Forces fails to perform or performs inadequately the duties assigned to him or her while serving at a place of service specified in subsection 14 (3) of this Act or in an educational institution;
2) on the basis of evaluation results;
3) if he or she does not have a document which is a mandatory requirement for service in the particular position.
(11.12.2002 entered into force 01.03.2003 - RT I 2002, 110, 656)
(2) A regular member of the Defence Forces who is released from his or her position on the bases provided for in clause (1) 1) of this section shall be appointed to a position of the same seniority as the position from which he or she was referred to serve in the government agency or educational institution.
(3) A regular member of the Defence Forces who is released from his or her position on the basis of subsection (1) of this section may be assigned to the reserve of regular member of the Defence Forces until appointment to a new position.
(11.12.2002 entered into force 01.03.2003 - RT I 2002, 110, 656)
(4) A regular member of the Defence Forces shall be released from his or her position due to the absence of a document which is a mandatory requirement for service in the position immediately after the corresponding circumstance becomes known.
(11.12.2002 entered into force 01.03.2003 - RT I 2002, 110, 656)
§ 1071. Exclusion from office
(1) In the course of a disciplinary proceeding or departmental investigation, the commander who has the right to appoint the regular member of the Defence Forces to a position may exclude the regular member of the Defence Forces from office for the time of the disciplinary proceeding or departmental investigation if there is reason to believe that the regular member of the Defence Forces has:
1) used violence against another person;
2) endangered the preservation of a state secret or information classified as internal only;
3) caused a deficit in, damage to, or destruction, loss or theft of state assets, or has stolen the property of a co-worker at the workplace;
4) endangered the preservation of state assets. (2) In the case of exclusion from office of a regular member of the Defence Forces, his or her current service pay shall be retained during the time he or she is excluded from office.
(3) A regular member of the Defence Forces who is excluded from office may be temporarily appointed to another position for the time of the disciplinary proceeding or departmental investigation. In the case of such appointment, subsection (2) of this section applies to service pay.
(21.09.05 entered into force 23.10.05 - RT I 2005, 53, 420)
Subdivision 4
Release of regular members of Defence Forces from contractual service
§ 108. Bases for release from contractual service
(1) A regular member of the Defence Forces shall be released from contractual service:
1) upon termination of his or her active service contract at his or her request;
2) upon expiry of his or her active service contract;
3) if he or she is declared unfit for the performance of active service for health reasons;
4) if he or she reaches the specified age limit;
5) if he or she is made redundant;
6) if he or she commits a disciplinary offence;
7) if he or she is convicted by a judgment of conviction;
8) if he or she does not meet the requirements for active service;
9) if he or she stands as a candidate in Riigikogu or local government council elections or elections to the European Parliament;
(18.12.2002 entered into force 23.01.2003 - RT I 2003, 4, 22)
10) upon expiry of the reserve period of regular members of the Defence Forces;
(11.12.2002 entered into force 01.03.2003 - RT I 2002, 110, 656)
11) upon exmatriculation, due to poor performance, of a regular member of the Defence Forces from an educational institution of the Defence Forces.
(14.12.2004 entered into force 24.12.2004 - RT I 2004, 88, 599) (2) Release from contractual service terminates the active service contract of a regular member of the Defence Forces.
§ 109. Release from contractual service due to termination of active service contract at own request
(1) A regular member of the Defence Forces whose active service contract is terminated at his or her own request shall be released from contractual service on the basis of an application to the commander who entered into the contract with him or her. A regular member of the Defence Forces is required to give at least two months’ advance notice of his or her wish to terminate the contract.
(11.12.2002 entered into force 01.03.2003 - RT I 2002, 110, 656)
(11) The term for giving advance notice specified in subsection (1) of this section may be shorter if the commander concluding the contract agrees to it.
(14.12.2004 entered into force 24.12.2004 - RT I 2004, 88, 599)
(2) If the parties to a contract provided for in subsection 86 (4) of this Act do not reach an agreement on amendment of the contract, the regular member of the Defence Forces shall be released from contractual service upon termination of his or her active service contract at his or her request or, in the absence of the bases for termination of the contract as specified in subsection (1) of this section, within six months as of the date of submission of an application for amendment of the conditions of the contract.
§ 110. Release from active service due to expiry of active service contract
A regular member of the Defence Forces shall be released from contractual service on the date specified in the active service contract entered into for a specified term.
§ 111. Release from contractual service due to declaration of being unfit for active service for health reasons
A regular member of the Defence Forces shall be released from contractual service within one month as of the date of the decision of the medical committee of the Defence Forces by which he or she was declared unfit for active service for health reasons.
§ 112. Release from contractual service due to age limit (1) A regular member of the Defence Forces may be accepted for contractual service until he or she reaches the following age limits:
1) as a soldier – until the age of 50 years;
2) as a non-commissioned officer – until the age of 55 years;
3) as a junior officer – until the age of 50 years;
4) as a Major, Lieutenant Colonel, Lieutenant Commander or Commander – until the age of 55 years;
5) as a Colonel, Navy Captain or superior officer – until the age of 60 years.
(2) After a regular member of the Defence Forces has reached a specified age limit, he or she shall be released from contractual service and assigned to the reserve. A person specified in clause (1) 5) of this section shall be deemed to have retired.
(3) The specified age limit provided in subsection (1) of this section does not apply to a regular member of the Defence Forces who, at the time he or she reaches the specified age limit, occupies the position of the Commander (Commander-in-Chief) of the Defence Forces and he or she is released from contractual service after release from the position of the Commander (Commander- in-Chief) of the Defence Forces.
(23.11.06 entered into force 02.12.06 - RT I 2006, 53, 398)
§ 113. Release from contractual service due to redundancy
(1) A regular member of the Defence Forces shall be released from contractual service due to redundancy:
1) if the total number of positions of regular members of the Defence Forces is reduced and service is subsequently re-organised;
2) if he or she is released from his or her position on the bases provided for in clause 105 (1) 2), 3) or 4) of this Act and does not consent to being appointed to a lower position.
(2) A regular member of the Defence Forces shall be released from contractual service due to redundancy within one month after his or her release from his or her position due to redundancy is communicated to him or her.
(19.06.2002 entered into force 01.08.2002 - RT I 2002, 61, 375)
(3) A cadet shall not be released from contractual service due to redundancy during his or her period of study.
§ 114. Release from contractual service due to committing disciplinary offence
(1) Taking into account the nature and gravity of the disciplinary offence, the commander who entered into the contract with a regular member of the Defence Forces may release him or her from contractual service if he or she is unable to perform the duties of his or her current position due to committing a disciplinary offence.
(2) A regular member of the Defence Forces shall be released from contractual service due to commission of a disciplinary offence within one month as of commission of the offence or one month as of the commander who entered into the contract with him or her becoming aware of the offence.
§ 115. Release from contractual service due to judgment of conviction
(1) A regular member of the Defence Forces shall be released from active service upon the entry into force of a judgment of conviction by a court by which he or she is sentenced to a punishment for an intentionally committed criminal offence or to a punishment which precludes continuation of active service as of the day following the date the judgment of conviction enters into force.
(11.12.2002 entered into force 01.03.2003 - RT I 2002, 110, 656)
(2) A regular member of the Defence Forces taken into custody shall be released from active service after entry into force of a judgment of conviction as of the date the regular member of the Defence Forces is taken into custody.
(11.12.2002 entered into force 01.03.2003 - RT I 2002, 110, 656)
(3) The commander concluding the contract is required to release a regular member of the Defence Forces from contractual service on the day he or she becomes aware of the judgment which enters into force as of the date specified in subsections (1) or (2) of this section.
(14.12.2004 entered into force 24.12.2004 - RT I 2004, 88, 599)
§ 116. Release from contractual service due to non-conformity with requirements or unsuitability for position
A regular member of the Defence Forces shall be released from contractual service within ten working days on the basis of evaluation results which confirm that he or she is unsuitable for his or her position, due to the absence of a document which is a mandatory requirement for service in the position or if circumstances which preclude employment in active service or confirm that he or she does not meet the requirements for entry into active service become evident and if such circumstances cannot be eliminated.
(11.12.2002 entered into force 01.03.2003 - RT I 2002, 110, 656)
§ 117. Release from contractual service due to standing as candidate
A regular member of the Defence Forces who stands as a candidate in local government council or Riigikogu elections or elections to the European Parliament or President of the Republic elections shall be released from contractual service within ten working days as of the date following the date on which he or she consents to stand as a candidate.
(18.12.2002 entered into force 23.01.2003 - RT I 2003, 4, 22)
§ 1171. Release from contractual service due to expiry of reserve period of regular members of the Defence Forces
A regular member of the Defence Forces shall be released from contractual service as of the date following the date of expiry of the reserve period of regular members of the Defence Forces.
(11.12.2002 entered into force 01.03.2003 - RT I 2002, 110, 656)
§ 1172. Release from contractual service due to exmatriculation from educational institution of Defence Forces
A regular member of the Defence Forces exmatriculated from an educational institution of the Defence Forces shall be released from contractual service within ten working days as of the date of exmatriculation.
(14.12.2004 entered into force 24.12.2004 - RT I 2004, 88, 599)
§ 118. Release from contractual service due to failure to adhere to restrictions on service
(1) If a regular member of the Defence Forces belongs to a political party or to an organisation or union which possesses weapons, or engages in business, works outside the performance of his or her duties, or fails to submit a declaration of economic interests, the commander who entered into the contract with him or her shall grant him or her a term of up to ten days during which he or she is required to begin adhering to the restrictions on service.
(2) A commander with disciplinary authority is required to bring disciplinary action against a regular member of the Defence Forces who fails to adhere to the restrictions on service provided for in subsection (1) of this section.
(3) A regular member of the Defence Forces who fails to begin adhering to the restrictions on service within the term granted on the basis of subsection (1) of this section by the commander who entered into the contract with him or her shall be released from contractual service due to the commission of a disciplinary offence, on the bases provided for in § 114 of this Act.
(4) Disciplinary action or criminal charges shall be brought against a regular member of the Defence Forces who uses his or her command or disciplinary authority to influence other members of the Defence Forces in the interests of a political party, who discloses data which are not subject to disclosure, or who fails to maintain a state secret or to adhere to restrictions in the performance of transactions, and he or she shall be released from contractual service on the bases provided for in § 114 or 115 of this Act.
§ 119. Termination of service relationship of regular member of Defence Forces upon his or her death
(1) The service relationship of a regular member of the Defence Forces is deemed to be terminated as of the date following the date of his or her death.
(2) Upon the death of a regular member of the Defence Forces, he or she shall be deleted from the register of persons liable to service in the Defence Forces.
§ 120. Time and conditions for release from active service
(1) A regular member of the Defence Forces shall be released from contractual service on the date specified in the directive on the release and all service pay, benefits and compensation due (the final settlement) shall be paid to him or her and his or her employment record book shall be returned to him or her.
(2) Before release from contractual service, a regular member of the Defence Forces shall notify the commander who entered into the contract with him or her of the future residence according to which he or she shall be registered with the Defence Resources Agency upon assignment to the reserve. (01.06.2005 entered into force 01.08.2005 - RT I 2005, 33, 243)
(3) The commander who entered into the contract with a regular member of the Defence Forces who is released from contractual service or deleted from the register of persons liable to service in the Defence Forces shall send the service record and other service-related documents of the regular member of the Defence Forces to the archives of the General Staff of the Defence Forces within one month as of the termination of the active service contract.
(4) The active service contract of a regular member of the Defence Forces shall not be terminated and he or she shall not be released from active service during a state of emergency or a state of war. In the event of mobilisation, all regular members of the Defence Forces are deemed to be mobilised in the Defence Forces as of the declaration of mobilisation.
§ 121. Directive on release from contractual service
(1) The following data concerning a regular member of the Defence Forces shall be set out in a directive to release him or her from contractual service:
1) personal data;
2) the most recent place of service and position;
3) the date of and basis for release from the position and contractual service, and a reference to the corresponding provisions of law;
4) (Repealed - 14.12.2004 entered into force 24.12.2004 - RT I 2004, 88, 599)
5) the length of service in the Defence Forces;
6) (Repealed - 01.06.2005 entered into force 01.08.2005 - RT I 2005, 33, 243)
(11) The service pay according to the person's most recent position and any benefit or compensation, and the amount to be deducted from the sum of those amounts shall be determined by the commander organising service.
(14.12.2004 entered into force 24.12.2004 - RT I 2004, 88, 599)
(2) A directive on release from contractual service shall be communicated to the regular member of the Defence Forces.
(01.06.2005 entered into force 01.08.2005 - RT I 2005, 33, 243)
§ 122. Obligation to transfer administration and assets If the active service contract of a regular member of the Defence Forces is declared invalid or if he or she is released from his or her position, he or she shall, not later than on the date of release from active service, transfer the assets and administration entrusted to him or her in the course of performance of his or her duties to a specified regular member of the Defence Forces and refund amounts which have been paid to him or her in advance but which have not been used in the interests of service.
§ 123. Compensation paid upon release from contractual service
(1) If a regular member of the Defence Forces is released from contractual service due to redundancy or expiry of the reserve period of regular members of the Defence Forces, benefit shall be paid to him or her according to the length of his or her service in the Defence Forces as follows:
(11.12.2002 entered into force 01.03.2003 - RT I 2002, 110, 656)
1) less than three years – two months’ salary;
2) three to five years – three months’ salary;
3) five to ten years – six months’ salary;
4) more than ten years – twelve months’ salary.
(2) If a regular member of the Defence Forces is released from contractual service, compensation shall be paid to him or her as follows:
1) upon release from his or her position due to unsuitability for the position on the basis of evaluation results – one month’s salary;
2) upon release from his or her position due to reaching the age limit or being declared unfit for active service for health reasons – three months’ salary.
(3) If a person, after release from contractual service due to lay-off, is appointed to his or her most recent position as provided in § 14 of this Act or enters into a contract of employment to resume work therein before the end of the period for which he or she was paid benefit pursuant to subsection (1) of this section, the person must return the benefit received for the period after which he or she was re-appointed or entered into a contract of employment to resume work.
(14.12.2004 entered into force 24.12.2004 - RT I 2004, 88, 599)
§ 124. Liability of commander organising service for withholding employment record book or final settlement of regular member of Defence Forces (1) If the employment record book is not returned or the final settlement is not paid to a regular member of the Defence Forces by the date of his or her release from active service, the commander organising service is required to return the employment record book to the regular member of the Defence Forces on the date he or she makes such request and to pay the final settlement within five days as of the date following the making of the request.
(2) If the commander organising service withholds an employment record book or final settlement of a regular member of the Defence Forces, the commander is required to pay him or her the salary of his or her most recent position and the rank allowance for each working day the employment record book or final settlement is withheld, but not more than his or her one month’s average salary.
(14.12.2004 entered into force 24.12.2004 - RT I 2004, 88, 599)
§ 125. Deductions from amounts payable upon release from contractual service
(1) If a regular member of the Defence Forces has the right to receive compensation, service pay or salary for the same period of service on several legal bases upon release from contractual service, he or she shall be paid only the type of remuneration or compensation which is most favourable to him or her.
(2) If a regular member of the Defence Forces fails to perform the obligation to transfer administration or assets, the monetary value of the assets which he or she failed to return to the state and any amounts paid to him or her in advance may be deducted from the amounts payable to him or her in the form of benefits, compensation or salary upon termination or declaration of invalidity of his or her active service contract.
(3) Deductions shall not be made from the service pay, benefits or compensation payable to a regular member of the Defence Forces or his or her successors in the event his or her active service relationship is terminated due to his or her death or release from contractual service due to being declared unfit for active service for health reasons.
(14.12.2004 entered into force 24.12.2004 - RT I 2004, 88, 599)
Chapter 7
Reserve Service
Division 1
General Provisions
§ 126. Assignment to reserve and retirement
(1) The following shall be assigned to the reserve:
1) persons who have performed or are deemed to have performed the obligation to perform compulsory military service or alternative service, by the commanding officer of a military unit or a commander equal to the commanding officer of the military unit or the appropriate minister;
2) a regular member of the Defence Forces who is liable to service in the Defence Forces but has been released from active service, by the commander entering into the contract with him or her;
3) a female Estonian citizen who has received the corresponding professional training and military training, by the commanding officer of the military unit or a commander equal thereto or the Defence Resources Agency.
(01.06.2005 entered into force 01.08.2005 - RT I 2005, 33, 243)
(2) Persons provided for in clauses 59 (1) 2) and 3) of this Act shall be assigned to the reserve by the Defence Resources Agency as untrained soldiers.
(01.06.2005 entered into force 01.08.2005 - RT I 2005, 33, 243)
(21) Male persons between the age of 28 and 60 years who are registered, pursuant to clauses 32 (1) 2) and 3) of the Population Register Act (RT I 2000, 50, 317; 2001, 31, 173; 2002, 41, 254; 53, 336; 57, 355; 61, 375; 102, 599; 2003, 4, 22; 2004, 22, 148; 30, 208; 2005, 1, 1; 24, 179; 25, 192) as subjects of population register and who are liable to registration as reservists shall be assigned to the reserve by the Defence Resources Agency as untrained soldiers.
(01.06.2005 entered into force 01.08.2005 - RT I 2005, 33, 243)
(3) A regular member of the Defence Forces who on the basis of his or her age or state of health is not subject to assignment to the reserve is deemed to have retired by the commander entering into the contract with him or her or the Defence Resources Agency.
(01.06.2005 entered into force 01.08.2005 - RT I 2005, 33, 243)
(4) Upon assigning to the reserve of the persons specified in this section or deeming the persons to be retired, the commander of the military unit or a commander equal thereto or a relevant Minister or persons assigned thereby or the Defence Resources Agency shall submit the corresponding data to the national register of persons liable to service in the Defence Forces. (01.06.2005 entered into force 01.08.2005 - RT I 2005, 33, 243)
§ 127. Registration of reservists and retired members of Defence Forces and medical examination of reservists
(01.06.2005 entered into force 01.08.2005 - RT I 2005, 33, 243)
(1) Reservists shall be registered in the register of persons liable to service in the Defence Forces.
(2) (Repealed - 01.06.2005 entered into force 01.08.2005 - RT I 2005, 33, 243)
(3) A person liable to service in the Defence Forces shall be registered as a reservist until the end of the calendar year during which he or she attains 60 years of age. Persons liable to service in the Defence Forces who have attained 60 years of age shall be deleted from the register of persons liable to service in the Defence Forces.
(4) Retired members of the Defence Forces shall be maintained in the register until their death.
(5) Based on this Act, databases and state or local government agencies are required to provide information and evidence at their disposal concerning the education, residence, place of study or work, state of health, criminal record, family or economic status of reservists at the request of the Defence Resources Agency or the territorial headquarters for issuing administrative acts or performing acts.
(01.06.2005 entered into force 01.08.2005 - RT I 2005, 33, 243)
(6) The level of fitness for service in the Defence Forces of reservists based on their state of health shall be assessed by the medical committee of the Defence Resources Agency, unless otherwise provided by this Act.
(01.06.2005 entered into force 01.08.2005 - RT I 2005, 33, 243)
(7) The Defence Resources Agency shall notify a reservist in writing of the time when and place where he is required to appear before the medical committee of Defence Resources Agency designated to assess his state of health.
(01.06.2005 entered into force 01.08.2005 - RT I 2005, 33, 243)
(8) The chairman of the medical committee of the Defence Resources Agency shall send a reservist whose state of health cannot be objectively assessed on the basis of a medical examination or documents which certify his state of health to a medical institution for an additional medical examination or tests. (01.06.2005 entered into force 01.08.2005 - RT I 2005, 33, 243)
(9) Reservists shall be compensated for travel and meal expenses incurred in connection with them appearing before the medical committee of the Defence Resources Agency for determining their level of fitness required for service in the Defence Forces and, in the case provided by subsection (8) of this section, in connection with the reservists undergoing additional medical examination or tests.
(01.06.2005 entered into force 01.08.2005 - RT I 2005, 33, 243)
(10) The conditions and procedure for payment of the compensation specified in subsection (9) of this section shall be established by a regulation of the Minister of Defence.
(01.06.2005 entered into force 01.08.2005 - RT I 2005, 33, 243)
§ 128. Obligations of reservists
(1) A reservist is required to:
1) (Repealed - 01.06.2005 entered into force 01.08.2005 - RT I 2005, 33, 243)
2) (Repealed - 01.06.2005 entered into force 01.08.2005 - RT I 2005, 33, 243)
3) (Repealed - 01.06.2005 entered into force 01.08.2005 - RT I 2005, 33, 243)
4) notify the Defence Resources Agency in writing or in a format which can be reproduced in writing of changes in his or her education, marital status or place of employment, and of any serious illness, physical disability or other circumstances which significantly affect his or her fitness to serve in the Defence Forces;
(01.06.2005 entered into force 01.08.2005 - RT I 2005, 33, 243)
(21.12.06 entered into force 01.01.07 - RT I 2006, 63, 468)
5) participate in reserve training after receiving relevant summons;
(14.12.2004 entered into force 24.12.2004 - RT I 2004, 88, 599)
6) submit, at the request of the Defence Resources Department or the territorial headquarters, relevant evidence for supplementing or checking the data or evidence necessary for issue of an administrative act or performing an act in respect of him or her based on this Act.
(01.06.2005 entered into force 01.08.2005 - RT I 2005, 33, 243)
(2) (Repealed - 01.06.2005 entered into force 01.08.2005 - RT I 2005, 33, 243)
§ 129. Service in units of Defence Forces performing international obligations of Estonian state
(1) A reservist shall retain his or her position or place of employment for any period during which he or she serves in a unit of the Defence Forces performing an international obligation of the Estonian state.
(2) Periods of service in a unit of the Defence Forces performing an international obligation of the Estonian state shall not be included in the duration of the training exercises established by subsections 131 (1) and (2) of this Act.
(3) Remuneration of reservists for service in a unit of the Defence Forces performing an international obligation of the Estonian state shall be carried out on the same bases as remuneration of regular members of the Defence Forces participating in an international military operation.
(21.12.06 entered into force 01.01.07 - RT I 2006, 63, 468)
Division 11
(11.12.2002 entered into force 01.03.2003 - RT I 2002, 110, 656)
Hot Reserve and Readiness Reserve
(22.01.2003 entered into force 01.05.2003 - RT I 2003, 13, 69)
§ 1291. Hot reserve
(1) A reservist who complies with the requirements for entry into contractual service provided for in this Act shall be assigned, on the basis of a hot reserve contract entered into with him or her, to the hot reserve which is formed in order to perform the functions of a unit intended for ensurance of the high state of readiness of the Defence Forces and the international obligations of the Estonian state.
(2) in addition to the provisions of § 128 of this Act and the obligations assumed by the hot reserve contract entered into with a reservist, during the period for which he or she is included in the hot reserve, the reservist is required to:
1) inform the commander who entered into the hot reserve contract with him or her of his or her place of residence and work and of the telecommunications numbers where he or she can be reached within the period provided for in the hot reserve contract;
2) promptly inform the commander who entered into the hot reserve contract with him or her of any change in the information specified in clause 1) of this subsection or of circumstances which affect his or her inclusion in the hot reserve or entry into contractual active service;
3) report to active service at the specified time, when called.
(3) A reservist who has entered into a hot reserve contract has the rights and obligations of a reservist participating in training exercises during the military training held in the hot reserve.
(11.12.2002 entered into force 01.03.2003 - RT I 2002, 110, 656)
§ 1292. Hot reserve contract
(1) A hot reserve contract is a written agreement entered into with a reservist for service in the name of the Republic of Estonia in a unit intended for ensurance of the high state of readiness of the Defence Forces, including a unit of the Defence Forces performing the international obligations of the Estonian state, and according to the contract:
1) the reservist undertakes, during the period for which he or she is included in the hot reserve, to participate in the military training necessary for service in the specified unit of the Defence Forces and commence active service when called, comply with the conditions and procedure provided for in this Act, the codes of conduct of the Defence Forces and other legislation;
2) the commander entering into the hot reserve contract in the name of the Republic of Estonia on the basis of this Act assumes the obligation to ensure the military training necessary for service in the specified unit of the Defence Forces, pay remuneration for inclusion in the hot reserve and guarantee other rights of members of the Defence Forces provided for in this Act, the codes of conduct of the Defence Forces and other legislation to the reservist in the hot reserve during the period for which he or she is included in the hot reserve.
(2) Upon entry into a hot reserve contract, the contract shall set out the following:
1) the term of the contract;
2) the rank and position of the reservist;
3) the consent of the reservist to enter into an active service contract when called and serve at the specified time and place in a unit intended for ensurance of the high state of readiness of the Defence Forces, including a unit of the Defence Forces performing the international obligations of the Estonian state;
4) the consent of the reservist to participate in military training to the determined extent and at the specified time during the period for which he or she is included in the hot reserve; 5) other conditions for inclusion in the hot reserve.
(3) The commanding officer who regulates the service of a reservist in the hot reserve is the commander authorised to enter into a hot reserve contract.
(4) By signing a hot reserve contract, a reservist confirms his or her consent to the conditions of the contract and the accuracy of the information submitted by him or her.
(5) A hot reserve contract shall be entered into in two original copies one of which shall be retained by the reservist and the other by the commander specified in subsection (3) of this section.
(6) The commander entering into a contract shall inform the Defence Resources Agency of the residence of the reservist of entry into the hot reserve contract.
(01.06.2005 entered into force 01.08.2005 - RT I 2005, 33, 243)
(7) A hot reserve contract enters into force at the moment it is signed.
(8) The Minister of Defence shall establish the standard format for hot reserve contracts.
(11.12.2002 entered into force 01.03.2003 - RT I 2002, 110, 656)
§ 1293. Term of hot reserve contract
A hot reserve contract shall be entered into for up to three years.
(11.12.2002 entered into force 01.03.2003 - RT I 2002, 110, 656)
§ 1294. Suspension of hot reserve contract
A hot reserve contract shall be suspended:
1) for the term of the active service contract with the reservist included in the hot reserve;
2) for the period during which the reservist is declared temporarily unfit for active service on the basis of a decision of a medical committee of the Defence Forces;
3) for the period during which circumstances which last longer than one month and affect the inclusion of the reservist in the hot reserve or entry into contractual active service exist.
(11.12.2002 entered into force 01.03.2003 - RT I 2002, 110, 656)
§ 1295. Termination of hot reserve contract The commander entering into a contract shall terminate the hot reserve contract:
1) if the level of fitness required for service in the Defence Forces is changed in respect of the reservist on the basis of a decision of the medical committee of the Defence Forces, due to which his or her inclusion in the hot reserve is precluded;
2) if the reservist fails to perform the contract;
3) upon the death of the reservist.
(11.12.2002 entered into force 01.03.2003 - RT I 2002, 110, 656)
§ 1296. Remuneration for inclusion in hot reserve
(1) During inclusion in the hot reserve, reservists shall receive remuneration. Remuneration shall be paid during the month after each twelve months of inclusion in the hot reserve and during the month following the expiry of the contract.
(2) Remuneration for inclusion in the hot reserve shall not be paid for the period during which the hot reserve contract is suspended or terminated in connection with failure to perform the contract by the reservist.
(3) The amount of remuneration to be paid and the procedure for payment of remuneration for inclusion in the hot reserve shall be established by the Government of the Republic.
(11.12.2002 entered into force 01.03.2003 - RT I 2002, 110, 656)
§ 1297. Readiness reserve
(1) After assignment to the reserve, a reservist may be included in the readiness reserve for one year. A reservist shall be included in the readiness reserve by appointment to a corresponding war- time position. War-time units where reservists in the composition of the units are included in the readiness reserve shall be provided by a regulation of the Government of the Republic.
(2) During inclusion in the readiness reserve, a reservist is required, in addition to the provisions of § 128 of this Act, to inform the Defence Resources Agency of his or her place of residence and work and of the telecommunications numbers where he or she can be reached within the period established by a regulation of the Minister of Defence, and to promptly inform the Defence Resources Agency of any change in the information.
(01.06.2005 entered into force 01.08.2005 - RT I 2005, 33, 243)
§ 1298. Restrictions applied against reservists and persons eligible to be drafted upon increasing of military readiness, conduct of mobilisation and during state of war or state of emergency
(1) In the case of increased danger to the security of Estonia or a need to perform the international military obligations of Estonia, the Government of the Republic may prescribe the prohibition on departure from Estonia against persons liable to service in the Defence Forces in the following manner:
1) to reservists upon increasing of military readiness, conduct of mobilisation and during a state of war or state of emergency;
2) to persons eligible to be drafted from the age of 18, during a state of war or state of emergency.
(2) The Government of the Republic may prescribe the obligation of a reservist, which is imposed upon raising of the military readiness or conduct of mobilisation, to inform the Defence Resources Agency of his or her place of residence and work and of the telecommunications numbers where he or she can be reached within the period established the Minister of Defence, and to promptly inform the Defence Resources Agency of any change in the information.
(3) Upon imposition of the prohibition to leave Estonia specified in subsection (1) of this section:
1) categories of reservists or persons eligible to be drafted in respect of whom the prohibition applies shall be determined;
2) after establishment of increased readiness, the prohibition to leave Estonia may be imposed on reservists belonging to the hot reserve and readiness reserve;
3) after establishment of force protection readiness, the prohibition to leave Estonia may be imposed on reservists assigned to war-time positions;
4) after declaration of mobilisation, the prohibition to leave Estonia may be imposed on all reservists.
(4) After termination of a state of war or state of emergency, declaration of demobilisation or if the Riigikogu decides not to approve of the decision of the Government of the Republic to raise military readiness, the prohibitions to leave Estonia cease to apply.
(5) If the prohibition to leave Estonia is established in respect of reservists appointed to war- time positions then, after the release of a reservist from his or her war-time position, the prohibition to leave Estonia ceases to apply to him or her unless the reservist has been appointed to another war-time position concerning which the prohibition to leave Estonia also applies or unless the prohibition to leave Estonia is likely to extend to the reservist at a later time.
(6) The Minister of Defence or the commander of a defence district or special defence region may grant permission to leave Estonia to a reservist to whom the prohibition to leave Estonia applies if he or she serves in a position connected to ensuring the internal security and constitutional order of the state and the need to leave Estonia arises from his or her duties.
(7) The Minister of Defence or the Defence Resources Agency may grant permission to leave Estonia to a person eligible to be drafted to whom the prohibition to leave Estonia applies if he or she serves in a position connected to ensuring the internal security and constitutional order of the state and the need to leave Estonia arises from his or her duties.
(8) The data on extension of the prohibition to leave Estonia to a reservist or person eligible to be drafted, and the data on the grant of the permission to leave Estonia specified above to a reservist or person eligible to be drafted shall be entered in the national register of persons liable to service in the Defence Forces. The data in the register shall serve as the basis for application of the prohibition to leave Estonia .
(01.06.2005 entered into force 01.08.2005 - RT I 2005, 33, 243)
§ 1299. Notification of prohibition to leave Estonia
(1) Reservists and persons eligible to be drafted shall be informed of the prohibition to leave
Estonia provided in § 1298 of this Act in one of the following manners:
1) the notice shall be delivered to the reservist or person eligible to be drafted personally or by post, by sending an unregistered letter, registered letter or registered letter with advice of delivery;
2) the notice shall be published in at least one national newspaper;
3) the notice shall be broadcast from 7 a.m. to 10 p.m. on at least three occasions, and the interval between each broadcasting shall be at least one hour.
(2) If a notice is published in a newspaper or broadcast, it may be issued as a general notice specifying, for reservists appointed to war-time positions, only the mark of the war-time units to which the prohibition extends.
(3) Upon appointment of reservists to war-time positions concerning which a prohibition to leave Estonia has been established, the reservists shall be informed of the prohibition to leave Estonia arising from the war-time position applicable to them.
(4) The Defence Resources Agency shall decide on the manner of notification of the prohibition to leave Estonia shall be decided and shall carry out the notification.
(01.06.2005 entered into force 01.08.2005 - RT I 2005, 33, 243)
Division 2
Participation in Training Exercises
§ 130. Call-up of reservists for training exercises
(1) Reservists shall be called up for training exercises in a military unit, training centre or an educational institution of the Defence Forces.
(2) Reservists participating in training exercises are in active service.
(3) The timing of training exercises and the number of participating reservists for the next year shall be established by a regulation of the Minister of Defence not later than by 15 July, except in the case provided for in subsection 131 (4) of this Act. The number of participants in training exercises for the next year shall be determined for reservists voluntarily participating in the training exercises.
(01.06.2005 entered into force 01.08.2005 - RT I 2005, 33, 243)
(21.12.06 entered into force 01.01.07 - RT I 2006, 63, 468)
(31) The Commander of the Defence Forces shall submit a proposal to the Minister of Defence concerning the timing of training exercises and the number of participating reservists for the next year not later than by 15 May.
(01.06.2005 entered into force 01.08.2005 - RT I 2005, 33, 243)
(4) A reservist shall be called up for training exercises by the Commander of the Defence Forces or commanders subordinate to the Commander of the Defence Forces. If members of the Defence Forces in active service who serve in the militarily organised agencies and units which are in the area of government of the Ministry of Internal Affairs have been planned to participate in training exercises, the call-up for training exercises shall be approved by the Ministry of Internal Affairs.
(22.01.2003 entered into force 01.05.2003 - RT I 2003, 13, 69)
(5) A call-up notice for training exercises shall be delivered in one of the following ways: 1) sent to the reservist by post;
2) published in a newspaper;
3) broadcast.
(22.01.2003 entered into force 01.05.2003 - RT I 2003, 13, 69)
(6) A call-up notice for training exercises may be broadcast (on radio or television) if caused by the national defence need for the fast organisation of the training exercises. Upon broadcasting, the call-up notice for training exercises shall be broadcast from 7 a.m. to 10 p.m. on at least three occasions, and the interval between each broadcasting shall be at least one hour. After broadcasting the notice for the third time, the notice is deemed to have been delivered.
(22.01.2003 entered into force 01.05.2003 - RT I 2003, 13, 69)
(7) If a call-up notice for training exercises is published in a newspaper or broadcast, it may be issued as a general order and specify only the name or mark of the war-time unit without specifying the names of reservists.
(22.01.2003 entered into force 01.05.2003 - RT I 2003, 13, 69)
§ 131. Duration of training exercises
(1) Reservists may be required to participate in training exercises during the period for which they are included in the reserve, as follows:
1) officers – up to twelve months in total;
2) non-commissioned officers – up to nine months in total;
3) soldiers – up to six months in total.
(2) Reservists may be called up for training exercises, as follows:
(22.01.2003 entered into force 01.05.2003 - RT I 2003, 13, 69)
1) officers – up to thirty days;
2) non-commissioned officers – up to twenty-one days;
3) soldiers – up to fourteen days.
(3) (Repealed - 22.01.2003 entered into force 01.05.2003 - RT I 2003, 13, 69)
(4) Upon raising of the military readiness, additional training exercises may be organised for reservists. The Government of the Republic shall establish the number of reservists participating in training exercises provided for in this subsection. In the case of such training exercises, the restrictions provided for in this section do not apply and participation in the training exercises shall not be included in the period provided for in subsection (1) of this section.
(22.01.2003 entered into force 01.05.2003 - RT I 2003, 13, 69)
(5) The restrictions provided for in subsections (1) and (2) of this section do not apply to reservists who participate in training exercises voluntarily.
(6) A reservist shall be notified of a call-up for training exercises at least 120 days in advance, except in the cases provided for in subsections (4) and (5) of this section.
(11.12.2002 entered into force 01.03.2003 - RT I 2002, 110, 656)
§ 132. Release from call-up for training exercises
(1) A reservist shall not be called up for training exercises:
1) if he or she is released from the call-up for training exercises on the basis of this Act;
2) if he or she stands as a candidate in local government council, Riigikogu or President of the Republic elections or elections to the European Parliament;
(18.12.2002 entered into force 23.01.2003 - RT I 2003, 4, 22)
3) for health reasons, on the basis of a decision of a medical committee of the Defence Forces or Defence Resources Agency.
(01.06.2005 entered into force 01.08.2005 - RT I 2005, 33, 243)
4) if he or she has entered into a hot reserve contract, within the term of the contract.
(11.12.2002 entered into force 01.03.2003 - RT I 2002, 110, 656)
(11) Reservists who are released from mobilisation pursuant to § 138 of this Act shall not be called up for training exercises.
(22.01.2003 entered into force 01.05.2003 - RT I 2003, 13, 69)
(2) A reservist may be released from the call-up for training exercises:
1) for family reasons;
2) if he or she is required to study or take examinations during the training exercises in order to continue his or her education;
3) (Repealed - 11.12.2002 entered into force 01.03.2003 - RT I 2002, 110, 656) (3) A reservist shall submit a written application for release from the call-up for training exercises together with documents certifying the basis for the release to the headquarters of a defence district or of a special defence region (hereinafter territorial headquarters of the Defence Forces) who will make a decision concerning release from the call-up for compulsory military service.
(22.01.2003 entered into force 01.05.2003 - RT I 2003, 13, 69)
§ 133. Appointment of reservist to position
The commanding officer of a military unit or a senior officer shall, by a directive, appoint a reservist participating in training exercises to a position which is prescribed in the war-time composition of the Defence Forces and which corresponds to his or her rank and military training, unless the reservist is appointed to a war-time position beforehand.
(22.01.2003 entered into force 01.05.2003 - RT I 2003, 13, 69)
§ 134. Restrictions on appointment of reservist to position
(1) A reservist shall not be appointed to a position where the immediate superior is his or her close relative by blood (grandparent, parent, brother, sister, child, grandchild) or by marriage (spouse, or a parent, brother, sister or child of the spouse) or his or her cohabitee.
(11.12.2002 entered into force 01.03.2003 - RT I 2002, 110, 656)
(2) A reservist may be appointed to a position of full proprietary liability with his or her consent.
(3) An officer shall not be appointed to a position of a non-commissioned officer or soldier and a non-commissioned officer shall not be appointed to a position of a soldier.
§ 135. Bases and procedure for release of reservists from training exercises
(1) A reservist shall be released from military exercises:
1) at the end of the training exercises;
2) for health reasons, at the request of the doctor of the military unit, if the reservist is unable to continue performing his or her duties;
3) if serious unexpected family or economic problems arise;
4) if he or she attains the age limit prescribed for reservists; 5) upon enforcement of a court judgment by which he or she was sentenced to imprisonment, or if he or she is taken into preventive custody.
(2) A reservist shall be released from training exercises by the commanding officer of the military unit or a commander equal thereto.
(01.06.2005 entered into force 01.08.2005 - RT I 2005, 33, 243)
(3) In a state of emergency or state of war, reservists may not be released from training exercises upon resolution of the Government of the Republic. Upon a declaration of mobilisation, all reservists participating in training exercises are deemed to be mobilised in the Defence Forces as of the declaration of mobilisation.
(22.01.2003 entered into force 01.05.2003 - RT I 2003, 13, 69)
Division 3
Active Service in Event of Mobilisation
§ 136. Call-up of reservists to active service in event of mobilisation
(1) In the event of a declaration of mobilisation, reservists shall be called up for service in the Defence Forces by a mobilisation order of the Commander (Commander-in-Chief) of the Defence Forces.
(22.01.2003 entered into force 01.05.2003 - RT I 2003, 13, 69)
(2) The provisions of § 130 of this Act apply to the delivery of a mobilisation order of the Commander (Commander-in-Chief) of the Defence Forces.
(22.01.2003 entered into force 01.05.2003 - RT I 2003, 13, 69)
§ 137. Obligation to report to point of assembly
(1) A reservist is required to report to a point of assembly at the time specified by a mobilisation order or a mobilisation notice communicated to him or her in advance.
(11) In the event of a military attack directed against the territory of Estonia, a reservist appointed to a war-time position is required to report to a point of assembly communicated to him or her beforehand without waiting for a corresponding order.
(22.01.2003 entered into force 01.05.2003 - RT I 2003, 13, 69) (2) (Repealed - 01.06.2005 entered into force 01.08.2005 - RT I 2005, 33, 243)
(3) A person liable to service in the Defence Forces who, upon a declaration of mobilisation, is in a foreign state is required to report to an embassy or consular post of the Republic of Estonia or a point of assembly in Estonia.
(4) Reservists who are released from detention or custody in the event of mobilisation are required to report to a point of assembly pursuant to the general procedure.
(5) Reservists shall report to a point of assembly with the documents and items of which they are informed beforehand.
(01.06.2005 entered into force 01.08.2005 - RT I 2005, 33, 243)
(51) The list of documents and items specified in subsection (5) of this section shall be established by a regulation of the Minister of Defence.
(01.06.2005 entered into force 01.08.2005 - RT I 2005, 33, 243)
(6) Mobilised reservists are in active service as of their reception in the military unit.
§ 138. Persons performing national defence duties at place of employment or service in event of mobilisation
(1) In the event of mobilisation, the President of the Republic, members of the Government of the Republic and the Riigikogu, the Auditor General, the Chief Public Prosecutor, the Chancellor of Justice, the State Secretary, chancellors of ministries, the Chief Justice of the Supreme Court and the justices of the Supreme Court, public prosecutors, the chairmen of circuit courts, county courts and city courts, the national police commissioner, the National Security Police Commissioner, the Chairman of the Board of the Bank of Estonia, the President of the Bank of Estonia, and rural municipality mayors and city mayors are deemed to be performing national defence duties in their positions.
(2) The Government of the Republic may impose restrictions on the mobilisation of persons who:
1) are in public service in a state or local government position directly related to the conduct of the mobilisation;
2) are in public service in a position directly related to the internal security of the state and the ensurance of constitutional order;
3) work in a company directly involved in the performance of national defence duties.
§ 139. Mobilisation of volunteers
In the event of mobilisation, female and male citizens of Estonia who have attained the age of eighteen years and who are not liable to service in the Defence Forces may be employed in active service as volunteers pursuant to the procedure established by a directive of the Commander (Commander-in-Chief) of the Defence Forces.
(14.12.2004 entered into force 24.12.2004 - RT I 2004, 88, 599)
§ 140. Medical examination of reservists subject to mobilisation
(1) Medical examinations shall be conducted at a point of assembly by the doctor of the military unit or a member of the medical committee of the Defence Resources Agency.
(01.06.2005 entered into force 01.08.2005 - RT I 2005, 33, 243)
(2) A doctor specified by the commanding officer of the military unit shall be responsible for the medical examinations.
(3) A reservist who is unable to perform his or her duties due to illness or injury shall be referred as a result of the medical examination to the medical committee of the Defence Forces in order to determine whether he or she is fit to serve in the Defence Forces.
§ 141. Medical examination of persons liable to service in Defence Forces with restrictions for health reasons
(1) Persons liable to service in the Defence Forces who, during peace-time, have been declared fit for active service with restrictions for health reasons or temporarily unfit for active service on the basis of a directive of the Commander (Commander-in-Chief) of the Defence Forces are subject to medical examination in the event of mobilisation.
(2) On the basis of a decision of the medical committee of the Defence Forces, the persons specified in subsection (1) of this section shall, depending on their state of health, be referred to undergo medical treatment, mobilised into service in the Defence Forces or deleted from the register of persons liable to service in the Defence Forces.
§ 142. Release of mobilised reservists from service in Defence Forces The commander who appointed a mobilised person liable to service in the Defence Forces to a position may, by a directive, release him or her from service in the Defence Forces for a specified term in the following cases:
1) on the basis of a decision of the medical committee of the Defence Forces, in order to treat an illness or injury;
2) in order to re-organise the activities of the military unit.
§ 143. (Repealed - 22.01.2003 entered into force 01.05.2003 - RT I 2003, 13, 69)
§ 144. Failure of reservists to report to point of assembly
(1) Reservists who fail to report to a point of assembly or evade mobilisation shall be brought to justice pursuant to law.
(11.12.2002 entered into force 01.03.2003 - RT I 2002, 110, 656)
(2) If a reservist is unable to report to a point of assembly within the specified term, he or she is required to notify immediately a territorial headquarters of the Defence Forces or, if he or she is in a foreign state, an embassy or consular post of the Republic of Estonia of the reasons preventing him or her from reporting to the point of assembly.
(22.01.2003 entered into force 01.05.2003 - RT I 2003, 13, 69)
(3) The following impediments are deemed to justify failure to report to a point of assembly:
1) the reservist has an illness which does not enable him or her to report to the point of assembly;
2) the reservist is being held in custody;
3) impediments which have arisen due to force majeure or are independent of the will or activity of the reservist and which do not enable him or her to report to the point of assembly.
(4) If the circumstances provided for in subsection (3) of this section cease to exist, the reservist is required to report immediately to a territorial headquarters of the Defence Forces or, if he or she is in a foreign state, an embassy or consular post of the Republic of Estonia.
(22.01.2003 entered into force 01.05.2003 - RT I 2003, 13, 69)
(5) The failure of a reservist to report to a point of assembly is deemed justified or unjustified by the territorial headquarters of the Defence Forces or, if the reservist is in a foreign state, by the embassy or consular post of the Republic of Estonia on the basis of evidence submitted by the reservist.
(22.01.2003 entered into force 01.05.2003 - RT I 2003, 13, 69)
Chapter 8
Evaluation
§ 145. Definition and objectives of evaluation
(1) Evaluation of a regular member of the Defence Forces is assessment of his or her military and professional training, qualifications, work results, achievements, abilities and personal characteristics, on the basis of the requirements for his or her position.
(2) The objectives of evaluation are:
1) to assess the suitability of a regular member of the Defence Forces for his or her position;
2) to plan further service;
3) to plan training and in-service training.
(3) Regular evaluation of a regular member of the Defence Forces shall be conducted once every two years pursuant to the evaluation procedure approved by the Commander (Commander-in- Chief) of the Defence Forces.
§ 146. Conditions of evaluation
(1) A regular member of the Defence Forces is subject to regular evaluation if, during the given year, two years have passed since his or her previous evaluation.
(2) A regular member of the Defence Forces is subject to special evaluation in the interests of service on the basis of a directive of the commander who entered into the contract with him or her, but not earlier than four months after his or her regular evaluation.
(3) A regular member of the Defence Forces who continues active service is subject to evaluation regardless of how much time has passed since his or her previous evaluation in the following cases:
1) before commencing service involving performance of an international obligation of the Republic of Estonia; 2) after service in a government agency or educational institution;
3) immediately prior to graduation from an educational institution of the Defence Forces.
(4) The following persons are not subject to evaluation:
1) superior officers and the Chief Warrant Officer;
2) regular members of the Defence Forces who reach the age limit during the given year;
3) cadets and observers in educational institutions of the Defence Forces;
4) regular members of the Defence Forces involved in performance of an international obligation of the Republic of Estonia;
5) regular members of the Defence Forces who entered into active service during the given year;
6) regular members of the Defence Forces whose suspended active service relationship has been restored during the given year;
7) regular members of the Defence Forces who have been referred to service in an institution specified in § 14 of this Act.
§ 147. Rights and obligations of persons subject to evaluation
(1) A person subject to evaluation has the right to be informed of the time and place of evaluation at least fourteen days in advance.
(19.06.2002 entered into force 01.08.2002 - RT I 2002, 61, 375)
(2) Evaluation results shall be communicated to the person evaluated within ten working days as of the date of evaluation, against signature. A person evaluated has the right to append his or her written explanation to the evaluation record.
(3) If a person evaluated does not agree with the results of his or her evaluation, he or she may submit a challenge to the evaluation committee of the Defence Forces through the commander who evaluated him or her, within ten days as of the date of communication of the evaluation results.
(19.06.2002 entered into force 01.08.2002 - RT I 2002, 61, 375)
(4) If a person to be evaluated evades evaluation or refuses to comply with the requirements arising from this Act or the evaluation guidelines, disciplinary proceedings shall be brought against him or her and he or she may consequently be released from active service for the commission of a disciplinary offence.
§ 148. Commanders conducting evaluation
(1) A regular member of the Defence Forces shall be evaluated by his or her immediate superior – the evaluation officer – in subordination to whom he or she has served for at least three months. An evaluation officer shall prepare an evaluation record with the evaluation of the service of the person evaluated and annex it to the service record of the person.
(2) The immediate superior of an evaluation officer – the senior evaluation officer – shall evaluate both the person evaluated and the conduct of the evaluation.
(3) (Repealed - 14.12.2004 entered into force 24.12.2004 - RT I 2004, 88, 599)
§ 149. Evaluation committee of Defence Forces
(1) The chairman of the evaluation committee of the Defence Forces is the Commander of the General Staff of the Defence Forces and the members of the committee are the commanders planning the careers of the regular member of the Defence Forces to be evaluated, appointed by the Commander (Commander-in-Chief) of the Defence Forces, and officials from the Ministry of Defence, appointed by the Minister of Defence.
(2) The evaluation committee at the General Staff of the Defence Forces shall, on the basis of a request by a commander subject to an evaluation, resolve any challenges or disputes arising from evaluation within ten working days as of receipt of the challenge or request.
(19.06.2002 entered into force 01.08.2002 - RT I 2002, 61, 375)
(3) The rules of procedure and the decisions of the evaluation committee of the Defence Forces shall be approved by the Commander (Commander-in-Chief) of the Defence Forces.
§ 150. Removal of commander conducting evaluation
(1) A commander conducting evaluation is required to remove himself or herself before commencement of the evaluation if circumstances specified in subsection 10 (1) of the Administrative Procedure Act which may cast doubt on the objectivity of the evaluation results become evident.
(19.06.2002 entered into force 01.08.2002 - RT I 2002, 61, 375)
(2) The immediate superior of an evaluation officer shall review an application from the commander conducting an evaluation for his or her removal or requests submitted for the removal of the commander conducting an evaluation and, if the grounds provided for in subsection (1) of this section exist, shall remove the commander conducting the evaluation.
(3) If the grounds for removal provided for in subsection (1) of this section become evident during evaluation, a new evaluation shall be conducted.
§ 151. Conduct of evaluation and proposals
(1) In the conclusion of an evaluation record, the evaluation officer shall make one of the following proposals with regard to the person evaluated:
1) declare the person suitable for the position and worthy of being promoted to a higher position;
2) declare the person suitable for the position;
21) declare the person unsuitable for the position and appoint him or her to another position with the same rank.
(21.12.06 entered into force 01.01.07 - RT I 2006, 63, 468)
3) declare the person unsuitable for the position and appoint him or her to a lower position;
4) declare the person unsuitable for the position and release him or her from active service.
(2) Additional proposals concerning the future career of the person evaluated may be made in the conclusion to his or her evaluation record.
(3) An evaluation officer shall submit an evaluation record to the senior evaluation officer who, after examining the conclusion of the evaluation, shall provide a written assessment of the conduct of the evaluation and of the reasons for the proposals specified in the conclusion of the evaluation record. The reasons for any disagreements with the proposals made shall also be given.
(4) If a regular member of the Defence Forces is unable to participate in his or her evaluation due to impediments beyond his or her control, he or she shall be evaluated immediately after the circumstances preventing the evaluation have ceased to exist.
§ 152. Evaluation of reservists
(1) Reservists shall be evaluated on the same bases and pursuant to the same procedure as regular members of the Defence Forces.
(2) Reservists shall be evaluated immediately prior to the end of training exercises.
Chapter 9
Guarantees Related to Service
Division 1
Salary, Additional Remuneration, Benefits and Compensation
§ 153. Service pay
(1) The service pay of a regular member of the Defence Forces consists of a salary and additional remuneration provided by law, holiday pay and holiday benefit.
(11.12.2002 entered into force 01.03.2003 - RT I 2002, 110, 656)
(2) On the bases provided for in this Act, a regular member of the Defence Forces has the right to receive service pay from the date he or she enters into contractual service until the date he or she is released from contractual service.
(3) The salary levels which correspond to ranks of the positions of regular members of the Defence Forces, including the bases for the differentiation of salary rates and the extent and bases for the payment of additional remuneration for the performance of supplementary service functions, for more effective service than required or for the specific character of service, and the procedure for the payment thereof shall be established by the Government of the Republic.
(14.12.2004 entered into force 24.12.2004 - RT I 2004, 88, 599)
(21.12.06 entered into force 01.01.07 - RT I 2006, 63, 468)
§ 154. Salary
(1) The part of salary calculated on the basis of the monthly salary level which corresponds to a salary grade is deemed to be salary.
(11.12.2002 entered into force 01.03.2003 - RT I 2002, 110, 656)
(21.12.06 entered into force 01.01.07 - RT I 2006, 63, 468)
(11) The salary rate is the amount of money determined on the basis if the salary level of the position of a regular member of the Defence Forces. (12) The bases of and procedure for determination of the salary rate shall be established by the Commander of the Defence Forces.
(21.12.06 entered into force 01.01.07 - RT I 2006, 63, 468)
(2) During performance of the conscript service obligation, conscripts shall receive a monthly allowance instead of a salary.
(3) During participation in training exercises, reservists shall receive the pay of the average salary level of a regular member of the Defence Forces and rank allowance, according to their positions
(21.12.06 entered into force 01.01.07 - RT I 2006, 63, 468)
(4) Cadets shall receive a monthly scholarship instead of a salary.
(5) The extent of and procedure for payment of conscripts’ monthly allowances and cadets’ monthly scholarships, provided for in this section, shall be established by the Government of the Republic.
(6) A member of the Defence Forces deputises for a senior commander pursuant for more than one month consecutively or who acts as a substitute shall, for the period of deputising, receive the salary of the commander for whom he or she deputised.
(14.12.2004 entered into force 24.12.2004 - RT I 2004, 88, 599)
(7) (Repealed -21.120.2006 entered into force 01.01.07 - RT I 2006, 63, 468)
(8) Additional remuneration may be paid to regular members of the Defence Forces for the performance of supplementary service functions, for more effective service than required or for the specific character of service.
(11.12.2002 entered into force 01.03.2003 - RT I 2002, 110, 656)
(9) The specific character of service is deemed to be service:
1) in conditions which are harmful to health or especially difficult;
2) in the high state of readiness for danger and combat;
3) in conditions which set increased requirements for mental and physical health and the speciality.
(11.12.2002 entered into force 01.03.2003 - RT I 2002, 110, 656)
§ 1541. Salary and additional remuneration of Commander of Defence Forces (1) The salary of the Commander of Defence Forces is provided by the Salaries of State Public Servants Appointed by Riigikogu or President of the Republic Act (RT I 1996, 81, 1448; 2002, 64, 390).
(2) The additional remuneration provided for in this Act does not extend to the Commander of Defence Forces, except for the rank allowance provided in § 155 of this Act.
(23.11.05 entered into force 23.12.05 - RT I 2005, 65, 496)
§ 155. Rank allowance
In addition to his or her salary, a regular member of the Defence Forces shall receive additional remuneration according to his or her rank (hereinafter rank allowance), the size of which shall be established by the Government of the Republic.
(11.12.2002 entered into force 01.03.2003 - RT I 2002, 110, 656)
§ 156. (Repealed -21.120.2006 entered into force 01.01.07 - RT I 2006, 63, 468)
§ 157. Dwelling provided by employer
(1) The employer may provide a regular member of the Defence Forces with a dwelling.
(2) The standard sizes of dwellings corresponding to the rank and position of regular members of the Defence Forces and to the number of family members, and the procedure for the provision of dwellings shall be established by the Government of the Republic.
§ 158. Accommodation and catering
(1) During active service, conscripts and reservists participating in training exercises shall be ensured with accommodation without charge and, to the extent established by the Minister of Defence, catering without charge.
(2) During field exercises, international military operations, on board of aircraft of the air force and in service on navy vessels, regular members of the Defence Forces shall be granted catering without charge pursuant to the procedure and to the extent established by the Minister of Defence.
(21.12.06 entered into force 01.01.07 - RT I 2006, 63, 468)
§ 158. Accommodation allowance and food allowance
(1) An accommodation allowance and a food allowance shall be paid to a regular member of the Defence Forces in the form of an allowance to the extent and pursuant to procedure established by the Government of the Republic. An accommodation allowance and a food allowance shall not be included in the service pay and shall not be paid for the period during which the regular member of the Defence Forces is released from a position and his or her active service relationship is suspended pursuant to subsection 92 (1) of this Act or he or she is on parental leave.
(11.12.2002 entered into force 01.03.2003 - RT I 2002, 110, 656)
(11) A regular member of the Defence Forces who has assigned abroad for a period longer than one year shall not be paid accommodation allowance for such period..
(14.12.2004 entered into force 24.12.2004 - RT I 2004, 88, 599)
(12) The Commander of the Defence Forces shall not be paid the accommodation allowance and food allowance provided in susbection (1) of this section.
(23.11.05 entered into force 23.12.05 - RT I 2005, 65, 496)
(2) If catering is ensured to a regular member of the Defence Forces without charge or his or her meal expenses are compensated on other bases, the regular member of the Defence Forces shall not receive a food allowance for such period.
(11.12.2002 entered into force 01.03.2003 - RT I 2002, 110, 656)
(3) During active service, conscripts and reservists participating in training exercises shall be ensured with accommodation without charge and, to the extent established by the Minister of Defence, catering without charge.
(11.12.2002 entered into force 01.03.2003 - RT I 2002, 110, 656)
§ 159. Tuition fee
The tuition fee of a regular member of the Defence Forces who, in order to acquire education, has been referred by the Commander of the Defence Forces to study in an institution of civil education shall be compensated by the state to the extent and pursuant to the procedure established by the Government of the Republic.
§ 160. Clothing supply of regular members of Defence Forces (1) The clothing supply of regular members of the Defence Forces consists of the uniform, special clothing supply, distinguishing marks, additional clothing supply and bedding.
(12.04.06 entered into force 15.05.06 - RT I 2006, 19, 147)
(2) Regular members of the Defence Forces are issued, with the obligation of return, special clothing supply, distinguishing marks, bedding and uniform with elements referring to the Defence Forces.
(12.04.06 entered into force 15.05.06 - RT I 2006, 19, 147)
(3) Clothing supply not specified in subsection (2) of this section is issued to regular members of the Defence Forces without the obligation of return. A regular member of the Defence Forces with the right to wear a uniform who has been released from active service and assigned to the reserve forces or has retired need not return his or her uniform.
(12.04.06 entered into force 15.05.06 - RT I 2006, 19, 147)
(4) The Minister of Defence shall establish, by a regulation, a description of the clothing supply of regular members of the Defence Forces for a period of five years.
(12.04.06 entered into force 15.05.06 - RT I 2006, 19, 147)
(5) The Commander (Commander-in-Chief) of the Defence Forces shall establish the procedure for wearing the uniform and distinguishing marks of regular members of the Defence Forces.
(12.04.06 entered into force 15.05.06 - RT I 2006, 19, 147)
(6) A list and quantities of the elements of the clothing supply of regular members of the Defence Forces, and the procedure for the issue for use, storage, maintenance, transfer, declaring unfit for use, writing off and destroying such clothing supply shall be established by a regulation of the Minister of Defence or by the Commander (Commander-in-Chef) of the Defence Forces with the authorisation of the Minister of Defence.
(21.12.06 entered into force 01.01.07 - RT I 2006, 63, 468)
§ 161. Holiday pay and holiday benefit
(1) Regular members of the Defence Forces shall receive holiday pay on the bases and pursuant to the procedure prescribed by the Republic of Estonia Holiday Act (RT 1992, 37, 481; 1993, 10, 150; RT I 1994, 84, 1474; 1995, 16, 228; 1997, 74, 1229; 93, 1560; 1999, 82, 749).
(2) Holiday benefit may be paid to regular members of the Defence Forces on the bases and pursuant to the procedure provided by the Public Service Act.
§ 162. Expenses relating to resettlement
(1) If a regular member of the Defence Forces is appointed to a position in a different region, resulting in resettlement, a single allowance in the amount of his or her monthly salary shall be paid to him or her, supplemented by 25% of his or her salary rate for each family member who is resettling together with the regular member of the Defence Forces, and he or she shall be compensated for the costs of transportation costs, costs of transportation of property and moving expenses related to resettlement.
(14.12.2004 entered into force 24.12.2004 - RT I 2004, 88, 599)
(2) Compensation of the costs related to resettlement and single allowances shall be paid pursuant to the procedure and to the extent established by the Government of the Republic.
(14.12.2004 entered into force 24.12.2004 - RT I 2004, 88, 599)
§ 163. Medical care provided to members of Defence Forces and payment therefor
(1) Members of the Defence Forces shall be guaranteed medical examinations and regular health examinations, vaccinations and other medical care to the extent which is deemed equal to general medical care at the expense of the state.
(2) The health insurance fund shall assume the obligation to pay for health services and medical examination provided to members of the Defence Forces by a health care provider pursuant to the procedure provided in the Health Insurance Act.
(3) In the case of medical indications, members of the Defence Forces who have participated in international military operations shall be guaranteed medical rehabilitation at the expense of the state out of separate funds allocated to the budget of the area of government of the Ministry of Defence.
(4) Conscripts and regular members of the Defence Forces shall be guaranteed specialised medical care and medicinal products at the expense of the state.
(01.06.2005 entered into force 17.06.2005 - RT I 2005, 33, 243)
(41) The Minister of Defence shall establish, by a regulation, the procedure for and extent of guaranteeing specialised medical care and medicinal products at the expense of the state to conscripts and regular members of the Defence Forces.
(01.06.2005 entered into force 17.06.2005 - RT I 2005, 33, 243) (5) A person who, during compulsory military service, becomes ill or is injured due to the performance of his or her duties shall be guaranteed medical care to the extent prescribed for conscripts at the expense of the state until establishment of his or her permanent incapacity for work but not for longer than six months after his or her assignment to the reserve.
(14.12.2004 entered into force 24.12.2004 - RT I 2004, 88, 599)
§ 164. Allowance in case of death or incapacity for work of member of the Defence Forces due to performance of his or her duties
(1) If a member of the Defence Forces dies in the performance of his or her duties, the state shall pay his or her children, parents, widow or widower and other persons who were maintained by him or her pursuant to the Family Law Act a single allowance in an amount equal to 150 times the latest average monthly gross wages published by the Statistical Office for the month preceding the month of the death of the regular member of the Defence Forces.
(2) The funeral of a member of the Defence Forces who dies due to or during the performance of his or her duties shall be organised by the state and the state shall also cover the costs of organising his or her funeral provided in the State Funeral Benefits Act to the extent established by the Government of the Republic.
(3) A member of the Defence Forces who is declared permanently incapacitated for work due to an injury or illness resulting from the performance of his or her duties on the basis of a decision of a medical committee of the Defence Forces shall receive a single allowance from the state as follows:
1) in the case of partial incapacity for work with the 10-30 per cent loss of the capacity for work, in the amount equal to 6 times the latest average monthly gross wages published by the Statistical Office for the month preceding the month of declaration of the person permanently incapacitated for work;
2) in the case of partial incapacity for work with the 40-90 per cent loss of the capacity for work, in the amount equal to 24 times the latest average monthly gross wages published by the Statistical Office for the month preceding the month of declaration of the person permanently incapacitated for work;
3) in the case of partial incapacity for work with the 100 per cent loss of the capacity for work, in the amount equal to 84 times the latest average monthly gross wages published by the Statistical Office for the month preceding the month of declaration of the person permanently incapacitated for work. (4) A regular member of the Defence Forces or a reservist who becomes temporarily incapacitated for work for more than thirty days due to a bodily injury resulting from the performance of his or her duties shall receive a single allowance from the state in the amount equal to 84 times the latest average monthly gross wages published by the Statistical Office for the month preceding the month of declaration of the person incapacitated for work.
(5) If a member of the Defence Forces dies or becomes incapacitated for work due to the performance of his or her duties, the procedure for the submission of applications for the payment of a single allowance, the grant and payment of the allowance granted on the basis of a directive of the appropriate Minister shall be established by the Government of the Republic.
(6) For the purposes of this Act, a member of the Defence Forces is deemed not to be performing his or her duties in situations where he or she:
1) is either on holiday or permitted to leave the territory of the military unit with the permission of the commander;
2) has left his or her place of service without authorisation;
3) is voluntarily under the influence of alcohol, narcotics or psychotropic substances;
4) has committed an act punishable pursuant to disciplinary procedure;
5) has committed an offence;
6) commits or attempts to commit suicide or causes bodily harm to himself or herself without being affected by an illness or the wrongful behaviour of other persons;
7) is involved in activities not related to his or her service during a period for which he or she has been released from service on the basis of a directive of the commanding officer of the military unit.
(21.12.06 entered into force 01.01.07 - RT I 2006, 63, 468)
§ 165. Payment of allowances and unpaid amounts to successors
Upon the death of a member of the Defence Forces, the service pay payable to him or her shall be paid to his or her successors on the basis of an application and a document certifying the right of succession submitted to the commander who organised the service of the member of the Defence Forces within six months.
(11.12.2002 entered into force 01.03.2003 - RT I 2002, 110, 656)
(21.12.06 entered into force 01.01.07 - RT I 2006, 63, 468)
§ 166. Guarantees for reservists upon participation in training exercises
(1) Employers or the heads of state or local government agencies are required to release reservists participating in training exercises from the performance of their duties and suspend their employment or service relationship for the period of the training exercises.
(2) The job or position of a reservist who is called up for training exercises shall be retained.
(3) The journey from the place of residence to the place of training exercises and back shall be compensated to reservists participating in the training exercises within Estonia to the extent and pursuant to procedure established by the Minister of Defence.
(11.12.2002 entered into force 01.03.2003 - RT I 2002, 110, 656)
§ 167. Allowance paid upon release from compulsory military service or alternative service
(1) Conscripts who are released from compulsory military service on the basis of subsection 68 (1) and clauses 68 (2) 1), 3) and 4) of this Act and persons who have completed alternative service or who are released from alternative service on the basis of clauses 77 (2) 1) and 3) of this Act shall receive a single allowance which is calculated on the basis of the amount of the last two weeks' average monthly gross wages per calendar year which are disseminated by the Statistical Office and which precede the month when the person is released from service.
(11.12.2002 entered into force 01.03.2003 - RT I 2002, 110, 656)
(2) The procedure for calculation and payment of the allowance provided for in subsection (1) of this section shall be established by the Government of the Republic.
Division 2
Working and Rest Time and Official Travel
§ 168. Working time
(1) In the case of regular members of the Defence Forces, the recording of total working time is permitted.
(2) The number of working hours (uninterrupted performance of duties) of a regular member of the Defence Forces shall not exceed 12 hours per day. (3) If permitted by the conditions of service, the standard working time of regular members of the Defence Forces shall be eight hours per day and forty hours per five-day working week.
(4) The recording of total working time provided for in subsection (1) of this Act and the restrictions on working time provided for in subsection (2) do not apply:
1) during a state of emergency or state of war;
2) during fatigue-duty;
3) during exercises;
4) during participation in an international military operation within the meaning of the International Military Co-operation Act.
(14.12.2004 entered into force 24.12.2004 - RT I 2004, 88, 599)
(5) The working and rest time of regular members of the Defence Forces shall be determined on the basis of the Working and Rest Time Act (RT I 1994, 2, 12; 1995, 12, 120; 2001, 21, 114), taking into account the specifications provided for in this Act.
(51) At the decision of the commander organising service, a regular member of the defence forces may be required to appear for service in night-time or on his or her days off if this arises from the nature of performing the service duties.
(21.12.06 entered into force 01.01.07 - RT I 2006, 63, 468)
(6) In the interests of service, the working time provided for in subsections (1) and (2) of this section may be extended and the number of days off may be reduced pursuant to the procedure established by the codes of conduct of the Defence Forces.
§ 169. Leave
(1) The duration of the annual leave of a regular member of the Defence Forces is thirty-five calendar days.
(2) Annual and other leave shall be granted to regular members of the Defence Forces on the basis of and pursuant to the procedure provided for in this Act and the Holidays Act.
(3) During performance of the conscript service obligation, conscripts or persons in alternative service shall be granted a leave depending on the duration of performance of the conscript service obligation or alternative service obligation:
1) in the case of the shortest duration of performance of the conscript service obligation or alternative service obligation provided for in this Act, 10 days to the conscripts and 15 days to the persons in alternative service respectively;
2) in the case of a duration of performance of the conscript service obligation or alternative service obligation which is longer than provided for in clause 1) of this subsection, 15 days to the conscripts and 20 days to the persons in alternative service respectively.
(11.12.2002 entered into force 01.03.2003 - RT I 2002, 110, 656)
(31) Additional leave of up to ten days may be granted to conscripts and persons in alternative service for excellent service.
(11.12.2002 entered into force 01.03.2003 - RT I 2002, 110, 656)
(4) As of the fifth year of service, regular members of the Defence Forces shall be granted one additional day of leave for each year spent in active service, but not more than a total of ten calendar days. During the time a disciplinary punishment is in force, additional holidays may be decreased or withheld.
(11.12.2002 entered into force 01.03.2003 - RT I 2002, 110, 656)
§ 170. Permission to take leave
(1) Leave may be refused to a member of the Defence Forces who is participating in the formation, reformation or disbanding of a military unit or a subordinate unit.
(2) Permission to take leave shall be granted:
1) to a member of the Defence Forces serving in a military unit – by the commanding officer of the military unit;
2) to a commanding officer of a military unit and to commanders belonging to the leadership of the Defence Forces, with the exception of the Commander of the Defence Forces – by the Commander (Commander-in-Chief) of the Defence Forces;
3) to the Commander of the Defence Forces – by the President of the Republic;
4) to a person serving at a place of service specified in subsection 14 (3) of this Act – by the head of the agency.
(3) During a leave, the journey to the place of residence and back shall be compensated to conscripts once within Estonia to the extent and pursuant to procedure established by the Minister of Defence. (11.12.2002 entered into force 01.03.2003 - RT I 2002, 110, 656)
§ 171. Unscheduled leave
(1) A member of the Defence Forces may be granted unscheduled leave with the retention of service pay for up to seven days:
1) upon his or her marriage;
2) if a member of his or her family or a dependant has a serious illness or dies;
3) in order to take state examinations or participate in vocational training;
4) in other exceptional cases – on the basis of a decision of the Commander (Commander-in- Chief) of the Defence Forces.
(14.12.2004 entered into force 24.12.2004 - RT I 2004, 88, 599)
(2) A regular member of the Defence Forces may be granted, at the decision of the commander organising service, unscheduled leave with the retention of service pay during participation in an international military operation within the meaning of the International Military Co-operation Act or directly thereafter as follows:
1) ten days in case of his or her participation in an international military operation for a period of up to three months;
2) twenty one days in case of his or her participation in an international military operation for a period of up to six months.
(14.12.2004 entered into force 24.12.2004 - RT I 2004, 88, 599)
(3) A regular member of the Defence Forces shall be retained the service pay payable to him or her at the time of the international military operation during the period of the unscheduled leave specified in subsection (2) of this section.
(14.12.2004 entered into force 24.12.2004 - RT I 2004, 88, 599)
§ 172. Post-treatment leave
On the basis of a decision of the medical committee of the Defence Forces, a regular member of the Defence Forces shall be granted post-treatment leave with the retention of service pay for up to three months.
§ 173. Interruption of leave
(1) In the interests of national defence, the Commander (Commander-in-Chief) of the Defence Forces may interrupt the leave of a member of the Defence Forces and call him or her to resume performance of his or her duties. In the interests of national defence, the leave of the Commander of the Defence Forces may be interrupted and he or she may be called to resume his or her duties by the President of the Republic.
(2) Leave provided for in §§ 171 and 172 of this Act shall not be interrupted pursuant to the procedure provided for in subsection (1) of this section.
(3) Leave which is not used due to interruption shall be granted during the same year of service by agreement with the commander who granted approval for the leave, shall be added to the leave of the following year of service or shall be granted at another time during the following year of service.
(4) A declaration of mobilisation, state of emergency or state of war interrupts all leave and all members of the Defence Forces are required to report to their places of service immediately.
§ 174. Official travel within Estonia of members of Defence Forces
(1) The sending of a member of the Defence Forces to another region for a specified period of time to perform his or her duties outside his or her military unit is deemed to be official travel.
(2) Commanding officers of military units, commanders equal thereto, and senior commanders have the right to send members of the Defence Forces on official travel.
(3) Official travel may last for up to thirty consecutive calendar days and the term may be extended by a senior commander.
(4) Commanders with the right to send members of the Defence Forces on official travel have the right to recall members of the Defence Forces who they have sent on official travel before expiry of the term for the official travel.
(5) Regular members of the Defence Forces are entitled to reimbursement of official travel expenses under the conditions and pursuant to the procedure established by this Act or a regulation of the Government of the Republic.
§ 175. Assignment of members of Defence Forces abroad
(1) Official travel performed by a member of the Defence Forces in a foreign state is deemed to be assignment abroad.
(2) Members of the Defence Forces are sent on assignment abroad by the Commander (Commander-in-Chief) of the Defence Forces.
(3) The Commander (Commander-in-Chief) of the Defence Forces is sent on assignment abroad by the President of the Republic.
(4) The procedure for assignment of a regular member of the Defence Forces abroad, the amount of remuneration for assignment abroad, the amount of compensation and the procedure for the payment thereof, and the amount of remuneration for assignment abroad upon participation in an international military operation and the procedure for the payment thereof shall be established by the Government of the Republic.
(5) The coefficients of calculating the amount of remuneration for assignment abroad upon participation in an international military operation shall be established by the Minister of Defence at the proposal of the Commander of the Defence Forces based on the character and location of the operation.
(21.12.06 entered into force 01.01.07 - RT I 2006, 63, 468)
Chapter 10
Duties, Restrictions on Service and Proprietary Liability
Division 1
Duties
§ 176. Performance of duties
(1) A member of the Defence Forces begins performing his or her duties on the date set out in the directive on his or her employment in active service and ceases performing his or her duties on the date set out in the directive on his or her release from active service.
(2) The suspension of the active service relationship of a member of the Defence Forces suspends the performance of his or her duties.
§ 177. Performance of duties not arising from position A member of the Defence Forces is required to perform service duties assigned to him or her by a command from his or her immediate superior or a senior commander even if such duties are not related to the duties arising from the position of the member of the Defence Forces.
§ 178. Issue and execution of commands not related to duties
(1) A member of the Defence Forces is required to execute a command not related to his or her duties if the execution of such command is necessary for the expeditious elimination of the consequences of a natural disaster or, in the event of an accident, in order to save lives or protect the health of a person, or to prevent destruction of or damage to property.
(2) In the cases provided for in subsection (1) of this section, the command is issued by a commander or a member of the Defence Forces of a higher rank.
§ 179. Prohibited commands
(1) It is prohibited to issue a command which:
1) is in conflict with law;
2) exceeds the authority corresponding to the position of the issuer of the command;
3) requires acts which the recipient of the command does not have the right to perform;
4) would result in unjustified moral or material damage;
5) is unduly dangerous to the life and health of a person.
(2) If the recipient of a command has to violate law or his or her duties expressly in order to execute the command, he or she shall immediately notify the issuer of the command thereof. If the issuer of the command subsequently repeats the command, the recipient of the command shall refuse to execute the command. He or she shall immediately report the refusal to his or her immediate superior. If the command was issued by his or her immediate superior, the recipient shall immediately report the refusal to the superior of the superior who issued the command.
(3) Disciplinary proceedings or criminal charges shall be brought against a commander who issues a command specified in subsection (1) of this section and the commander is liable for the consequences of the execution of the command.
§ 180. Maintenance of state secrets and information not subject to disclosure (1) Members of the Defence Forces, reservists and retired members of the Defence Forces shall not disclose information not subject to disclosure which has become known to them during the performance of their duties.
(2) The conditions and procedure for the maintenance of state secrets is provided by the State Secrets Act (RT I 1999, 16, 271; 82, 752; 2001, 7, 17; 93, 565; 100, 643; 2002, 53, 336; 57, 354; 63, 387; 2003, 13, 67; 23, 147; 2004, 2, 7).
§ 1801. Reimbursement of training expenses
(1) A regular member of the defence forces or a cadet of an educational institution of the Defence Forces shall compensate for the direct expenses incurred by the state for his or her military education or in-service training with the duration of at least three months, if he or she:
1) interrupts the studies or in-service training without good reason;
2) is released from contractual service in connection with a judgment of conviction;
3) is released from contractual service in connection with a disciplinary offence;
4) is released from contractual service at his or her own request;
5) is released due to failure to adhere to restrictions on service;
6) is exmatriculated from the educational institution of the Defence Forces due to unsatisfactory academic achievement.
(2) Training and in-service-training expenses shall not be compensated for by a regular member of the Defence Forces who:
1) after graduating from an educational institution of the Defence Forces or in-service training, has been employed in contractual service for a period of time equal to one and a half times the period of the person's training but not for less than one year; 2) is released from contractual active service in connection to his or her obligation to care for a person with permanent incapacity for work or disability if the obligation to provide maintenance to the person arises from the Family Law Act;
(3) The procedure for calculating training and in-service training expenses shall be established by a regulation of the Minister of Defence.
(21.12.06 entered into force 01.01.07 - RT I 2006, 63, 468)
Division 2 Restrictions on Service
§ 181. Restriction on political party membership and candidature
(1) The activities of political parties are prohibited in the Defence Forces. A regular member of the Defence Forces shall not be a member of a political party.
(2) A member of the Defence Forces shall not use his or her command or disciplinary authority in the interests of a political party.
(3) A person shall not stand as a candidate in local government council, Riigikogu, European Parliament or President of the Republic elections as a member of the Defence Forces. A member of the Defence Forces who consents to stand as a candidate in local government council, Riigikogu, European Parliament or President of the Republic elections shall immediately notify the commanding officer of his or her military unit or the commander who entered into the contract with him or her of such consent in writing.
(18.12.2002 entered into force 23.01.2003 - RT I 2003, 4, 22)
(4) Reservists participating in training exercises shall not participate in the activities of political parties during active service.
§ 182. Membership of organisations and unions which possess weapons
A member of the Defence Forces shall not belong to an organisation or union which possesses weapons. This prohibition does not apply to membership of the National Defence League or hunters’ or sports organisations registered in Estonia.
§ 183. Restriction on business activities and participation in companies
(1) Regular members of the Defence Forces and conscripts shall not:
1) participate as an undertaking in a general partnership or limited partnership;
2) be a member of the management body, controlling body or audit body of a company;
3) be personally liable for the obligations of a company.
(2) Regular members of the Defence Forces and conscripts may hold shares in private and public limited companies, and other securities.
(3) The restrictions provided for in this section do not apply to reservists and reservists who have entered into a hot reserve contract during their contractual active service.
(11.12.2002 entered into force 01.03.2003 - RT I 2002, 110, 656)
§ 184. Employment of members of Defence Forces and reservists outside performance of duties
(1) A regular member of the Defence Forces shall not perform remunerative work outside the performance of his or her duties, except in a teaching or research position with a work load agreed upon with his or her immediate superior, if such work does not hinder the performance of his or her duties.
(2) Reservists and conscripts in active service shall not work outside the performance of their duties.
§ 185. Obligation to declare economic interests
A regular member of the Defence Forces is required to submit a declaration of economic interests to the commander who entered into the contract with him or her, pursuant to the procedure and under the conditions provided by the Anti-corruption Act (RT I 1999, 16, 276; 87, 791; 2000, 25, 145; 2001, 58, 357; 2002, 53, 336; 63, 387; 2003, 18, 108; 51, 349; 88, 591).
§ 186. Restrictions on conclusion of transactions
(1) A member of the Defence Forces shall not:
1) acquire property entrusted to him or her for the conclusion of transactions in the performance of his or her duties;
2) conclude transactions with a place of service specified in § 14 of this Act to which he or she has been appointed, except for transactions concluded on the basis of law or a regulation of the Government of the Republic for compensation for the use of personal property in the interests of service.
(2) A member of the Defence Forces is prohibited, in connection with performance of his or her duties, to conclude transactions and to authorise his or her subordinates to conclude transactions on his or her behalf:
1) with a person in a relationship with whom he or she is a contractor outside the performance of his or her duties; 2) with a company the shares of which belong either wholly or partially to him or her, his or her close relatives or close relatives by marriage, or a management or decision-making body of which he or she, or his or her close relatives by blood or marriage is a member;
3) with a non-profit association or foundation, a management or decision-making body of which he or she, or his or her close relatives by blood or marriage is a member;
4) with a unit or agency over which he or she exercises supervisory control;
5) with his or her close relatives by blood or marriage or with himself or herself.
(01.06.2005 entered into force 01.08.2005 - RT I 2005, 33, 243)
(3) Transactions concluded in violation of the prohibitions provided for in subsections (1) and (2) of this section are void.
Division 3
Proprietary Liability
§ 187. Proprietary liability of members of Defence Forces
(1) A member of the Defence Forces is required to compensate to the state for damage wrongfully caused as a result of a breach of duties.
(2) Compensation paid by the state for damage caused to a third party as a result of a breach of duties by a member of the Defence Forces is also damage caused by a member of the Defence Forces.
(3) Upon determining the amount of compensation ordered to be paid for damage caused to the state by a member of the Defence Forces and with regard to the procedure for compensation for damage, provisions of the Public Service Act which regulate the proprietary liability of officials apply.
(4) The commanding officer who regulates the service of a member of the Defence Forces shall make a proposal to the member of the Defence Forces to compensate for damage and shall have recourse to an administrative court for the order of payment of compensation. Provisions of the Public Service Act apply with regard to terms.
(02.05.2001 entered into force 01.01.2002 - RT I 2001, 47, 260)
§ 188. (Repealed - 02.05.2001 entered into force 01.01.2002 - RT I 2001, 47, 260)
§ 189. (Repealed - 02.05.2001 entered into force 01.01.2002 - RT I 2001, 47, 260)
Chapter 11
Length of Service in Defence Forces and Pension Insurance of Members of Defence Forces and Family Members and Dependants thereof
Division 1
Length of Service in Defence Forces
§ 190. Calculation of length of service in Defence Forces
(1) Length of service in the Defence Forces includes any period of time, as of 21 August 1991, spent in active service:
1) performing the conscript service obligation or alternative service obligation;
2) in contractual service;
3) participating, as a reservist, in training exercises lasting for longer than 24 consecutive hours.
(2) Length of service in the Defence Forces also includes any period of time spent:
1) in compulsory military service or in alternative service pursuant to the Act on Alternative
Service in the Republic of Estonia (ÜVT3 1990, 9, 152; 12, 214; RT 1991, 15, 208; 1994, 23, 384), the Defence Service Act (RT 1992, 4/5, 60; RT I 1994, 23, 384) and the Defence Forces Service Act (RT I 1994, 23, 384; 1995, 18, 240; 62, 1056; 1996, 25, 519; 49, 953; 1997, 95/96, 1575; 1998, 57, 865; 1999, 10, 150; 25, 365);
2) participating in the protection of the independence and constitutional order of the Republic of Estonia during the Second World War;
3) in military service in the armed forces of a foreign state;
4) in service, on the basis of an employment contract or on any other legal basis before entry into an active service contract, in the Defence Forces as of 21 August 1991, in the National Defence League as of 17 February 1990, in the Border Guard as of 15 October 1990, in militarised rescue units as of 1 January 1992 or in national defence or border guard departments of city or county governments from 31 October 1990 to 1 September 1994.
(14.12.2004 entered into force 24.12.2004 - RT I 2004, 88, 599)
(3) Under favourable conditions, the following periods of time are multiplied by three and included in the length of service in the Defence Forces:
1) time a rehabilitated person spent while unlawfully in custody, in a penal institution or in exile as a result of his or her service in the Defence Forces;
2) time a person spent held as a prisoner of war or in a concentration camp or ghetto during the Second World War of thereafter;
3) time a person spent in a labour and construction battalion or labour and construction unit in 1941-1942;
4) time a person spent at the front during the Second World War;
5) in the case of a person who participated in the armed fight for freedom against foreign occupation in the territory of the Republic of Estonia or was in hiding from unlawful repression, the time during which the person participated in the fight for freedom or was in hiding;
51) time a person spent participating in the clean-up of the accident at the Chernobyl nuclear power station when called up for special reserve training as a member of a military unit in 1986– 1989;
(11.12.2002 entered into force 01.01.2004 - RT I 2002, 110, 656)
6) periods in service, on the basis of an employment contract or on any other legal basis before entry into an active service contract, or on the basis of an active service contract, in the Defence Forces as of 21 August 1991, in the National Defence League as of 17 February 1990, in the Border Guard as of 15 October 1990, in militarised rescue units as of 1 January 1992 or in national defence or border guard departments of city or county governments as of 31 October 1990, until 1 September 1994.
(21.11.2001 entered into force 28.12.2001 - RT I 2001, 97, 604)
(4) Periods during which the active service relationship of a member of the Defence Forces is suspended or interrupted on the bases and pursuant to the procedure provided by this Act are not included in the length of his or her service in the Defence Forces.
(11.12.2002 entered into force 01.03.2003 - RT I 2002, 110, 656) (5) For the purposes of the inclusion of years of service in the Defence Forces in the length of public service and vice versa, one day of service in the Defence Forces is equal to one day of public service.
§ 191. Certification of service in Defence Forces
(1) The length of a person’s service in the Defence Forces is certified by entries in his or her service record.
(2) The years of service which are subject to inclusion in the length of a person’s service in the Defence Forces shall be certified by his or her employment record book, by documents issued by a state or local government agency or an archival agency, or by a court proceeding.
§ 192. Service records
(1) Service records shall be maintained with regard to all regular members of the Defence Forces.
(2) The service records of regular soldiers and regular non-commissioned officers shall be maintained at their places of service and the service records of regular officers shall be maintained at their places of service or at the General Staff of the Defence Forces. The service records of the commanding officers of military units and senior commanders shall be maintained by the higher headquarters.
(11.12.2002 entered into force 01.03.2003 - RT I 2002, 110, 656)
(3) The format of and procedure for maintaining service records shall be established by a regulation of the Minister of Defence in co-ordination with the Commander (Commander-in-Chief) of the Defence Forces.
§ 193. Service records upon transfer of regular members of Defence Forces to other positions or release from service
(1) If a regular member of the Defence Forces is appointed to a position at a new place of service, his or her service record shall be sent to the new place of service.
(2) Upon the release of a regular member of the Defence Forces from contractual service, an extract from his or her service record shall be given to him or her at his or her request and the service record shall be sent to the General Staff of the Defence Forces. (11.12.2002 entered into force 01.03.2003 - RT I 2002, 110, 656)
§ 194. Employment record books
Upon the release of a regular member of the Defence Forces from active service, an entry containing the dates on which his or her active service began and ended, a reference to the directives and, at his or her request, a reference to the corresponding provisions of law shall be made in his or her employment record book.
Division 2
Pension Insurance of Member of Defence Forces and Family Members and Dependants thereof
§ 195. Classes of pension
(1) This Act provides the following classes of state pension for members of the Defence Forces, reservists and retired members of the Defence Forces (hereinafter pensionable persons) and members of their families:
1) superannuated pension;
2) pension for incapacity for work;
3) survivor’s pension.
(2) The pension insurance of pensionable persons and members of their families is subject to the provisions of the State Pension Insurance Act (RT I 1998, 64/65, 1009; 2001, 9, 42), unless otherwise provided by this Act.
§ 196. Right to receive pension
(1) A regular member of the Defence Forces, reservist or retired member of the Defence Forces whose length of service in the Defence Forces is at least 20 years, or a regular member of the Defence Forces whose general pension qualifying period is at least 25 years, provided that he or she has served in the Defence Forces for 13 of those 25 years, has the right to receive a superannuated pension when he or she attains 50 years of age.
(05.12.2001 entered into force 01.01.2002 - RT I 2001, 100, 648)
(21.12.06 entered into force 01.01.07 - RT I 2006, 63, 468) (11) A regular member of the Defence Forces, reservist or retired member of the Defence Forces whose active service contract enters into force on 1 January 2008 and who has served in the Defence Forces for at least 20 years, has the right to receive a superannuated pension when he or she attains 50 years of age.
(21.12.06 entered into force 01.01.07 - RT I 2006, 63, 468)
(2) A member of the Defence Forces who is totally or partially incapacitated for work as a result of the performance of his or her duties has the right to receive a pension for incapacity for work.
(14.12.2004 entered into force 24.12.2004 - RT I 2004, 88, 599)
(3) A person who is totally or partially incapacitated for work as a result of an illness which appeared within three months after his or her release from active service has the right to receive a pension for incapacity for work if the illness was caused by the performance of his or her duties.
(4) If a member of the Defence Forces is killed during the performance of his or her duties, any members of his or her family who are incapacitated for work and who were maintained by him or her, and persons equal to such family members, have the right to receive a survivor’s pension.
(5) Persons who have the right to receive several of the pensions provided for in this Act or other Acts concurrently shall be granted one class of pension of their choice.
§ 1961. Right of Commander and Commander-in-Chief of Defence Forces and Commander of General Staff of Defence Forces to receive pension
(1) The Commander and Commander-in-Chief of the Defence Forces and the Commander of the General Staff of the Defence Forces appointed to position pursuant to the procedure provided by law has, in the case of his or her release from office, the right to receive a superannuated pension, regardless of his or her time of service at the position of the Commander and Commander-in-Chief of the Defence Forces and the Commander of the General Staff of the Defence Forces, unless he or she is released from office upon entry into force of a judgment of conviction.
(2) The size of the superannuated pension of the Commander or the Commander-in-Chief of the Defence Forces shall be, by the choice of such person, 75 % of either his or her salary according to the Salaries of State Public Servants Appointed by Riigikogu or President of the Republic Act (RT I 1996, 81, 1448; 1999, 29, 406; 2000, 55, 359; 2002, 21, 117; 64, 390) or the amount based on which his or her pension is calculated pursuant to § 197 of this Act.
(21.12.06 entered into force 01.01.07 - RT I 2006, 63, 468) (3) The size of the superannuated pension of the Commander of the General Staff of the Defence Forces shall be 75 % of the amount based on which his or her pension is calculated pursuant to § 197 of this Act.
(21.12.06 entered into force 01.01.07 - RT I 2006, 63, 468)
(4) During the time a person receives the superannuated pension of the Commander and Commander-in-Chief of the Defence Forces and the Commander of the General Staff of the Defence Forces, the person has no right to receive other state pensions or service pay provided by the Defence Forces Service Act.
(14.12.2004 entered into force 24.12.2004 - RT I 2004, 88, 599)
§ 197. Bases for calculation of amount of pension
(1) The amount of a pension shall be calculated:
1) in the case of a regular member of the Defence Forces, reservist or retired member of the Defence Forces - on the basis of the sum total of the pay of the average salary level established by Government of the Republic based on subsection 153 (3) of this Act for the rank of his or her last position and rank allowance (hereinafter amount for calculation of pension);
2) in the case of a conscript and a reservist participating in training exercises – on the basis of the last average monthly gross wages per calendar year which are disseminated by the Statistical Office.
(2) A regular member of the Defence Forces, reservist or retired member of the Defence Forces may choose, as the basis for calculation of the amount of his or her superannuated pension or pension for incapacity for work, the average salary level prescribed by Government of the Republic based on subsection 153 (3) of this Act corresponding to the highest position which the person held during the last five years of his or her contractual service.
(3) The amount of the pension of a regular member of the Defence Forces who serves in a foreign state or international organisation or is sent for service based on subsection 14 (3) of this Act shall be calculated on the basis of the sum total of the pay of the average salary level established by Government of the Republic based on subsection 153 (3) of this Act for the principal position corresponding to his or her rank and rank allowance.
(21.12.06 entered into force 01.01.07 - RT I 2006, 63, 468)
§ 198. Calculation of superannuated pension
(1) A regular member of the Defence Forces, reservist or retired member of the Defence Forces whose length of service in the Defence Forces is at least 20 years has the right to receive a superannuated pension in the amount of 50% of the amount for calculation of pensions corresponding to his or her position.
(21.12.06 entered into force 01.01.07 - RT I 2006, 63, 468)
(2) If a regular member of the Defence Forces has the right to receive a superannuated pension on the basis of his or her general pension qualifying period and if he or she has served 13 years of the period in the Defence Forces, the amount of the pension shall be 30% of the amount for calculation of pensions corresponding to his or her position.
(05.12.2001 entered into force 01.01.2002 - RT I 2001, 100, 648)
(21.12.06 entered into force 01.01.07 - RT I 2006, 63, 468)
(3) Each further year of service in the Defence Forces after 13 years are completed increases the percentage of the amount for calculation of a pension by 3%.
(21.12.06 entered into force 01.01.07 - RT I 2006, 63, 468)
(4) Each further year of service in the Defence Forces after 20 years are completed increases the percentage of the amount for calculation of pensions by 2.5%.
(21.12.06 entered into force 01.01.07 - RT I 2006, 63, 468)
(5) The maximum amount for the superannuated pension of a regular member of the Defence Forces is 75% of the amount for calculation of pensions.
(21.12.06 entered into force 01.01.07 - RT I 2006, 63, 468)
(6) The superannuated pension shall not be increased pursuant to § 57 of the Public Service Act.
(11.12.2002 entered into force 01.03.2003 - RT I 2002, 110, 656)
§ 199. Determining of incapacity for work
The degree of the incapacity of a member of the Defence Forces for work and the time when and reasons why he or she became incapacitated for work shall be determined by the medical committee of the Defence Forces who shall also determine the degree of permanent incapacity for work.
§ 200. Bases for calculation of amount of pension for incapacity for work
The amount of a pension for incapacity for work shall be calculated on the basis of the degree of permanent incapacity for work in the case of members of the Defence Forces, on the basis of the amount for calculation of pensions in the case of regular members of the Defence Forces, and on the basis of the last average monthly gross wages per calendar year which are disseminated by the Statistical Office in the case of conscripts or reservists.
(11.12.2002 entered into force 01.03.2003 - RT I 2002, 110, 656)
(21.12.06 entered into force 01.01.07 - RT I 2006, 63, 468)
§ 201. Calculation of pension for incapacity for work
(1) A pension for incapacity for work shall be calculated on the basis of the amount for calculation of pensions or the amount of the last average monthly gross wages per calendar year which are disseminated by the Statistical Office, as follows:
1) total permanent incapacity for work – 80%;
2) partial permanent incapacity for work starting from 50% – 60%;
3) partial permanent incapacity for work under 50% – 40%.
(21.12.06 entered into force 01.01.07 - RT I 2006, 63, 468)
(2) If, by the date a member of the Defence Forces is declared incapacitated for work, the length of his or her service meets the requirement for the grant of a superannuated pension, a pension for incapacity for work shall, at his or her request, be granted to him or her in the amount of the superannuated pension.
§ 202. Family members with right to receive survivor’s pension
(1) Upon the death of a member of the Defence Forces, his or her children, parents and widow or widower have the right to receive a survivor’s pension regardless of whether the pension claimants were maintained by the provider or not.
(2) Family members who have the right to receive a survivor’s pension, and persons equal to such family members are:
1) a child, brother, sister or grandchild who is under 18 years of age (or who is under 24 years of age and is a student enrolled in daytime study at a upper secondary school or vocational educational institution or a student enrolled in full-time study at a university or institution of applied higher education), or who is older if he or she was declared incapacitated for work before he or she attained 18 years of age (or in the case of a student enrolled in daytime study or full-time study, before he or she attained 24 years of age). A brother, sister or grandchild has the right to receive a pension if he or she does not have parents with capacity for work.
(29.01.2003 entered into force 10.03.2003 - RT I 2003, 20, 116)
2) a parent who is of pensionable age or permanently incapacitated for work, or a widow or widower who is of pensionable age or permanently incapacitated for work and whose marriage to the provider had a duration of at least five years;
3) a divorced spouse if he or she attained pensionable age or was declared permanently incapacitated for work before the divorce;
4) one parent, or the widow, widower or guardian who is not employed and is raising a child, brother, sister or grandchild of the provider who is under 18 years of age in his or her family.
(3) Stepchildren, stepbrothers, stepsisters and foster-children who are not maintained by their parents, and step-parents have the right to receive a survivor’s pension in the same amount as the provider’s own children, brothers, sisters or parents.
(4) An adoptive parent of a member of the Defence Forces has the right to receive a pension in the same amount as a parent of the member of the Defence Forces and the children adopted by a member of the Defence Forces have the right to receive a pension in the same amount as the children of the member of the Defence Forces.
(5) This Act also applies to the grant of a survivor’s pension if the provider who is a member of the Defence Forces is declared missing pursuant to the established procedure.
(6) Upon the remarriage of a widow, widower or divorced person, a survivor’s pension granted to him or her on the basis of the death of his or her spouse or the declaration of his or her spouse as missing shall be retained for twelve months.
§ 203. Bases for calculation of amount of survivor’s pension
A survivor’s pension shall be calculated as follows:
1) if the provider was a regular member of the Defence Forces – on the basis of the amount for calculation of pensions;
(21.12.06 entered into force 01.01.07 - RT I 2006, 63, 468) 2) if the provider was a conscript or a reservist participating in training exercises – on the basis of the last average monthly gross wages per calendar year which are disseminated by the Statistical Office.
(11.12.2002 entered into force 01.03.2003 - RT I 2002, 110, 656)
§ 204. Calculation of survivor’s pension
The size of a survivor’s pension shall be calculated as a proportion of the total amount on the basis of which the pension is calculated, and the proportion shall be 35% in the case of one dependant with the right to receive a survivor’s pension, 55% in the case of two dependants with the right to receive a survivor’s pension and 75% in the case of three or more dependants with the right to receive a survivor’s pension.
§ 205. Claim for pension
A pension shall be claimed for pursuant to the procedure provided for in the State Pension Insurance Act.
(11.12.2002 entered into force 01.03.2003 - RT I 2002, 110, 656)
§ 206. Grant of pension
A pension shall be granted pursuant to the procedure provided for in the State Pension Insurance Act, unless otherwise provided for in this Act.
(11.12.2002 entered into force 01.03.2003 - RT I 2002, 110, 656)
§ 207. Date of granting pension
(1) A pension shall be granted as of the date on which the right to receive a pension of the corresponding class arises, as follows:
2) in the case of a claim for a pension for incapacity for work – as of the date of determination of the degree of permanent incapacity for work or release from active service;
3) in the case of a claim for a survivor’s pension – as of the date on which the member of the Defence Forces died or was declared missing.
(2) A pension provided for in clause (1) 1) or 2) of this section is granted as of the date specified in subsection (1) of this section if the claim for the grant of the pension is submitted within three months as of the right to receive the pension arising, and a pension provided for in clause (1) 3) of this section is granted as of the date specified in subsection (1) of this section if the claim for the grant of the pension is submitted within six months as of the right to receive the pension arising.
(3) If a pension claim is submitted after the expiry of a term provided for in subsection (2) of this section, the pension shall be granted as of the date of submission of the claim and other documents necessary for the grant of the pension.
§ 208. Term for grant of pension
(1) A superannuated pension is granted for life.
(2) A pension for incapacity for work is granted for the period during which a member of the Defence Forces is declared totally or partially incapacitated for work by the medical committee of the Defence Forces.
(3) A survivor’s pension is granted for the period during which the person complies with the requirements provided for in § 202 of this Act.
§ 209. Recalculation of pension
(1) If circumstances arise which require the reduction or increase of a pension which was the basis for the grant of a pension to a member of the Defence Forces or, in the case of a survivor’s pension, to the members of his or her family, the pension shall be recalculated.
(2) Upon change in the basis for calculation of the amount of a pension, the pension shall be recalculated:
1) if the average salary level prescribed by Government of the Republic based on subsection 153 (3) of this Act corresponding to the rank of the position and the rank allowance which was the basis for calculation of the pension of a regular member of the Defence Forces, a reservist or a retired member of the Defence Forces changes;
(21.12.06 entered into force 01.01.07 - RT I 2006, 63, 468)
2) if, in the next calendar year, the amount of the average monthly gross wages per calendar year which were the basis for calculation of the pension of a conscript or a reservist who is called up for training exercises changes.
(11.12.2002 entered into force 01.03.2003 - RT I 2002, 110, 656) (3) If circumstances arise which require the reduction of a pension, the pension shall be recalculated as of the first day of the month following the month in which such circumstances arise.
(4) If circumstances arise which require the increase of a pension, the pension shall be recalculated as of the date of submission of a corresponding claim and the necessary documents, provided that the claim and documents are submitted within one month as of the circumstances requiring the increase of the pension arising. If a claim and the necessary documents are submitted later, the pension shall be recalculated as of the first day of the month following the month in which the corresponding claim and necessary documents are submitted.
(5) A person who receives a pension on the basis of this Act is required within ten working days to notify his or her local pension office in writing of all circumstances which could bring about the need to recalculate his or her pension, unless otherwise provided by this Act.
(14.12.2004 entered into force 24.12.2004 - RT I 2004, 88, 599)
(6) In the cases specified in subsection (2) of this section, the pension shall be recalculated without the person having to submit an application to this effect.
(14.12.2004 entered into force 24.12.2004 - RT I 2004, 88, 599)
(7) The commander who organised the service of the person receiving a pension shall notify the Social Insurance Board in writing of any changes in the average salary level prescribed by Government of the Republic based on subsection 153 (3) of this Act corresponding to the rank of the position and the rank allowance which was the basis for calculation of the pension.
(21.12.06 entered into force 01.01.07 - RT I 2006, 63, 468)
(8) If the average monthly gross wages per calendar year on the basis of which a pension is calculated is to change during the following calendar year, the Social Insurance Board shall recalculate the pension.
(14.12.2004 entered into force 24.12.2004 - RT I 2004, 88, 599)
(9) In the cases specified in subsection (2) of this section, a pension shall be recalculated as of the time the basis for calculation of the size of the pension changed.
(14.12.2004 entered into force 24.12.2004 - RT I 2004, 88, 599)
§ 210. Payment of pension
(1) Pensions provided for in this Act shall be paid from state budget funds.
(2) Persons to whom a superannuated pension or pension for incapacity for work is granted shall be paid the full amount of the pension regardless of the amount of income he or she receives.
(3) A survivor’s pension shall be paid to a minor regardless of the amount of income he or she receives.
(4) A survivor’s pension shall not be paid to any person specified in clauses 202 (2) 2), 3) or 4) of this Act if the person works.
(5) A superannuated pension shall not be paid during active service.
(11.12.2002 entered into force 01.03.2003 - RT I 2002, 110, 656)
§ 211. Refund of overpaid amounts of pension
Pension amounts transferred without basis to the bank account of a pensioner after his or her death shall not be included in his or her estate and shall be returned by the bank or the person who received the estate to the state budget at the request of the Minister of Defence according to the information obtained from the local pension office.
(11.12.2002 entered into force 01.03.2003 - RT I 2002, 110, 656)
Chapter 12
Settlement of Disputes
(19.06.2002 entered into force 01.08.2002 - RT I 2002, 61, 375)
§ 212. Filing of challenges
(19.06.2002 entered into force 01.08.2002 - RT I 2002, 61, 375)
(1) A member of the Defence Forces may file a challenge in writing in his or her name to a competent commander or with a court on the bases and pursuant to the procedure provided for in this Act and the codes of conduct of the Defence Forces.
(19.06.2002 entered into force 01.08.2002 - RT I 2002, 61, 375)
(2) Filing of a challenge does not release the person who files the challenge from the performance of obligations arising from law or the execution of a command.
(19.06.2002 entered into force 01.08.2002 - RT I 2002, 61, 375)
(3) In cases not provided for in this Act, a person who finds that his or her lawful interests or rights have been violated may file a challenge:
(19.06.2002 entered into force 01.08.2002 - RT I 2002, 61, 375)
1) in matters concerning call-up for compulsory military service – to the Defence Forces service commission;
2) in matters concerning entry into contractual service – to the commander who entered into the contract with him or her;
3) in matters arising from active service – through his or her immediate superior to the commanding officer of the military unit or the commander who entered into the contract with him or her;
4) in matters concerning release from active service – to the commanding officer of the military unit or the commander who entered into the contract with him or her.
(4) Challenges or actions against any unlawful activities of the commanding officer of a military unit or the commander of a unit equal to a military unit may be filed with the Commander (Commander-in-Chief) of the Defence Forces or with an administrative court respectively.
(19.06.2002 entered into force 01.08.2002 - RT I 2002, 61, 375)
§ 213. Adjudication of challenges
(19.06.2002 entered into force 01.08.2002 - RT I 2002, 61, 375)
(1) The commander, official or head of a government agency concerning whose activities a challenge is filed shall not adjudicate or participate in the adjudication of the challenge.
(19.06.2002 entered into force 01.08.2002 - RT I 2002, 61, 375)
(2) Anonymous challenges and challenges filed in violation of the requirements of this Act or the codes of conduct of the Defence Forces shall not be accepted.
(19.06.2002 entered into force 01.08.2002 - RT I 2002, 61, 375)
(3) A commander who receives a challenge in error is required to forward the challenge to a competent person immediately.
(19.06.2002 entered into force 01.08.2002 - RT I 2002, 61, 375)
(4) The commander adjudicating a challenge is required to verify the allegations made in the challenge and obtain an explanation from the person against whom the challenge is filed.
(19.06.2002 entered into force 01.08.2002 - RT I 2002, 61, 375) (5) A decision concerning the adjudication of a challenge shall be communicated to the person who files the challenge within one month as of the filing of the challenge.
(14.12.2004 entered into force 24.12.2004 - RT I 2004, 88, 599)
§ 214. Out-of-court settlement of disputes
Any dispute which arises between a regular member of the Defence Forces and the commander who entered into the contract with him or her and which concerns performance or termination of the active service contract or release from active service or position shall be settled by a senior commander.
(19.06.2002 entered into force 01.08.2002 - RT I 2002, 61, 375)
§ 215. Settlement of actions and disputes in court
(1) If a directive on the release of a regular member of the Defence Forces from active service is annulled, an administrative court shall order payment of compensation to the regular member of the Defence Forces for the period of compelled absence from service in an amount of up to the equivalent of his or her three months’ service pay.
(14.12.2004 entered into force 24.12.2004 - RT I 2004, 88, 599)
(11) If the regular member of the Defence Forces does not wish to be reinstated to his or her former position, the most recent place of service is required to pay compensation to him or her in an amount of the equivalent of his or her three months' service pay.
(14.12.2004 entered into force 24.12.2004 - RT I 2004, 88, 599)
(2) If a directive on the release of a regular member of the Defence Forces from active service is annulled, the regular member of the Defence Forces shall be reinstated in active service by the commander who entered into the contract with him or her.
(19.06.2002 entered into force 01.08.2002 - RT I 2002, 61, 375)
Chapter 121
(19.06.2002 entered into force 01.09.2002 - RT I 2002, 63, 387)
Liability
(19.06.2002 entered into force 01.09.2002 - RT I 2002, 63, 387)
§ 2151. Non-compliance with obligation of military service
Failure by a person eligible to be drafted to report for compulsory military service is punishable by a fine of up to 300 fine units or by detention.
(19.06.2002 entered into force 01.09.2002 - RT I 2002, 63, 387)
§ 2152. Failure to participate in training exercises
Failure by a reservist to participate in training exercises is punishable by a fine of up to 300 fine units or by detention.
(19.06.2002 entered into force 01.09.2002 - RT I 2002, 63, 387)
§ 2153. Violation of procedure for reporting to Defence Resources Agency and failure to present evidence or forward information
A person liable to service in the Defence Forces who, when called in compliance with this Act, fails to report to the Defence Forces Agency, fails to submit the Defence Forces certificates which must be submitted pursuant to this Act or fails to submit the Defence Forces information concerning a serious illness, physical disability or other circumstances which significantly affect his fitness to serve in the Defence Forces as specified in subsection 58 (2) or 77 (13) or clause 128 (1) 4) of this
Act or fails to submit information which must be forwarded pursuant to subsection 1297 (2) of this Act shall be punished by a fine of up to 200 fine units or detention.
(21.12.06 entered into force 01.01.07 - RT I 2006, 63, 468)
§ 2154. Proceedings
(1) The provisions of the General Part of the Penal Code (RT I 2001, 61, 364; 2002, 86, 504; 105, 612; 2003, 4, 22; 83, 557; 90, 601; 2004, 7, 40) and of the Code of Misdemeanour Procedure (RT I 2002, 50, 313; 110, 654; 2003, 26, 156; 83, 557; 88, 590; 593) apply to the misdemeanours provided for in §§ 2151-2153 of this Act.
(2) The Defence Resources Agency is the extra-judicial body which conducts proceedings in matters of misdemeanours provided for in §§ 2151 and 2153 of this Act. (01.06.2005 entered into force 01.08.2005 - RT I 2005, 33, 243)
(3) Extra-judicial proceedings concerning the misdemeanours provided for in § 2152 of this Act shall be conducted by the territorial headquarters of the Defence Forces.
(01.06.2005 entered into force 01.08.2005 - RT I 2005, 33, 243)
Chapter 13
Implementing Provisions
§ 216. Release from performance of conscript service obligation
(1) Persons eligible to be drafted who, by the date this Act enters into force, have commenced full-time studies to acquire higher education at a vocational educational institution or at an institution of applied higher education or a university on the basis of a state accredited curriculum but who have not performed the conscript service obligation, and persons eligible to be drafted who have acquired higher education by the date this Act enters into force but who have not performed the conscript service obligation shall be released from the conscript service obligation and shall be assigned to the reserve.
(11.12.2002 entered into force 01.03.2003 - RT I 2002, 110, 656)
(2) Persons assigned to the reserve on the basis of subsection (1) of this section may during the first two years after assignment be called up for training exercises for up to ninety days per year.
§ 2161. Postponement of call to service for acquisition of higher education
A person eligible to be drafted who, as of 1 January 2007, is acquiring the first level of higher education in a foreign institution of higher education and who has, based on subsection 55 (11) of this Act, selected the year of his call-up for compulsory military service has the right for postponement of call to service until the time he is granted the first level qualification of the higher education.
(21.12.06 entered into force 01.01.07 - RT I 2006, 63, 468)
§ 217. Establishment of duration of compulsory military service
The Government of the Republic shall establish the duration of compulsory military service on the basis of subsections 61 (3) and (4) of this Act by 1 August 2000.
§ 218. Re-registration of entry of member of Defence Forces into contractual service as regular member of Defence Forces
A commander who entered into a contract with a member of the Defence Forces who is in contractual service shall bring the active service contract of the member of the Defence Forces into conformity with the requirements of this Act within six months as of the entry into force of this Act. An active service contract shall be entered into retroactively as of the date of entry into force of this Act without suspension of the length of service in the Defence Forces or the service relationship.
§ 219. Members of Defence Forces subject to release from contractual active service
(1) A member of the Defence Forces who is in contractual active service upon the entry into force of this Act but who has made known his or her resignation from contractual active service before the entry into force of this Act shall be released from contractual active service pursuant to the active service contract entered into with him or her.
(2) A member of the Defence Forces who is in contractual active service upon the entry into force of this Act but who was notified of the termination of his or her active service contract before the entry into force of this Act shall be released from contractual active service pursuant to the active service contract entered into with him or her.
§ 220. Application of requirements concerning level of education and qualifications
(1) As of 1 September 2008, the requirements set in this Act for the level of education, qualifications and military training of regular member of the Defence Forces apply to members of the Defence Forces who entered into contractual active service before the entry into force of this Act.
(11.12.2002 entered into force 01.03.2003 - RT I 2002, 110, 656)
(2) A regular member of the Defence Forces whose education and military training upon the entry into force of this Act do not meet the requirements for his or her position is required to acquire education and undergo military training pursuant to the procedure established by the Commander of the Defence Forces.
(3) A regular member of the Defence Forces who has not acquired the necessary education and military training by the due date provided for in subsection (1) of this section shall be transferred on the basis of evaluation results and in the interests of service to a position corresponding to his or her education and military training.
§ 2201. Enrolment in full-time study
Instead of the requirement for enrolment in full-time study [täiskoormusega õpe], provided in clause 202 (2) 1) of this Act, persons admitted to educational institutions before the academic year 2003/2004 are required to enrol in full-time study [statsionaarne õppevorm].
(29.01.2003 entered into force 10.03.2003 - RT I 2003, 20, 116)
§ 221. Adherence to restrictions on service
(1) Members of the Defence Forces are required to adhere to the restrictions on service provided for in this Act within three months after the entry into force of this Act.
(2) If a member of the Defence Forces fails to adhere to the restrictions on service within the term provided for in subsection (1) of this section, the commander who entered into the contract with him or her shall terminate his or her active service contract within ten working days and release him or her from contractual service on the bases provided for in this Act.
§ 222. Registration of persons who have acquired military education, training or military rank in Defence Forces or educational institution of foreign state
An officer or non-commissioned officer who has acquired military education or training or a military rank in the Defence Forces or an educational institution of a foreign state shall be registered as a reservist on the basis of his or her application, and his or her engagement in active service or the reserve depends on his or her evaluation results. A person who does not submit an application or who is not evaluated shall be assigned to the reserve as a soldier.
§ 223. Bringing of ranks into conformity with this Act
(1) A person with a military rank granted before the entry into force of the Constitution of the Republic of Estonia may be promoted in rank in order to bring the rank into conformity with this Act if the person has the necessary education and training.
(2) A person granted a rank before the entry into force of this Act shall not be demoted in rank retroactively.
(3) If a person was demoted in rank before the entry into force of this Act, the demotion shall be brought into conformity with the requirements of this Act at the request of the interested person if this results in the granting of the rank of non-commissioned officer or officer or promotion in rank.
§ 224. Defence Forces official
(1) Citizens of Estonia without a military rank of the Republic of Estonia who are serving as Defence Forces officials upon the entry into force of this Act may work in positions requiring the rank of non-commissioned officer or officer until 16 April 2003 if no circumstances exist which would preclude their employment in contractual active service pursuant to the provisions of § 80 of this Act.
(22.03.2001 entered into force 01.04.2001 - RT I 2001, 34, 190)
(2) By 16 April 2003, positions of Defence Forces officials shall be changed into positions of military rank or positions of public servants pursuant to the State Public Servants Official Titles and Salary Scale Act (RT I 1996, 15, 265; 89, 1590; 1998, 36/37, 552; 1999, 95, 843; 97, 858; 2000, 51, 320; 58, 376; 2002, 21, 117; 2003, 51, 349) and the persons who work in such positions shall be appointed to position pursuant to this Act or the Public Service Act.
(22.03.2001 entered into force 01.04.2001 - RT I 2001, 34, 190)
(3) If a Defence Forces official refuses to consent to a change in title of his or her position which would bring about a reduction in salary or a change in the nature or complexity of his or her current work, he or she has the right to demand release from service by giving at least fourteen days’ written notice thereof to the commander who entered into the contract with him or her. A person released from service pursuant to this subsection shall be paid his or her two months’ average salary as compensation.
§ 225. Age limit for release from contractual service
Until 2008, the commander who entered into the contract with a regular member of the Defence Forces who, upon the entry into force of this Act, is in contractual active service and meets the requirements for regular members of the Defence Forces established by this Act may, by a directive, extend his or her period of service, on the basis of his or her annually submitted reasoned request, above the age limit provided for in § 112 of this Act.
(11.12.2002 entered into force 01.03.2003 - RT I 2002, 110, 656)
§ 226. Right to pension of persons who were assigned to reserve or retired from service in Defence Forces before entry into force of this Act
(1) Former regular members of the Defence Forces who were assigned to the reserve or retired from the Estonian Defence Forces due to their age, health or redundancy before the entry into force of this Act have the right to receive the superannuated pension and pension for incapacity for work provided for in this Act.
(2) Members of the Defence Forces, reservists and retired members of the Defence Forces who receive a pension from the Russian Federation do not have the right to receive pensions provided for in this Act.
§ 2261. Right to pension of persons released, assigned to reserve or retired from position of Commander of Defence Forces, Commander-in-Chief of Defence Forces or Commander of General Staff of Defence Forces
(1) A regular member or retired member of the Defence Forces released, assigned to reserve or retired, pursuant to the procedure provided by law, from the position of the Commander or the Commander-in-Chief of the Defence Forces prior to the entry into force of this Act has the right to receive the superannuated pension of the Commander and the Commander-in-Chief of the Defence Forces provided by this Act.
(2) A regular member or retired member of the Defence Forces released, assigned to reserve or retired, pursuant to the procedure provided by law, from the position of the Commander of General Staff of Defence Forces prior to the entry into force of this Act has the right to receive the superannuated pension of the Commander of General Staff of Defence Forces provided by this Act.
(14.12.2004 entered into force 24.12.2004 - RT I 2004, 88, 599)
§ 2262. Specifications of calculation of pensions
(1) In the case of a pension granted before 1 January 2007, the amount for calculation of the pension shall be the salary pay for calculation of the pension which was in force at the time of the grant of the pension and such pension is not subject to recalculation based on subsection 209 (2) of this section.
(2) A pension granted before 1 January 2007, may be calculated on the new bases provided by this Act if the person entitled to the pension submits an application to such effect.
(3) The right to a pension on new bases is created for retired members and reservists of the Defence Forces as of 1 January 2007.
(21.12.06 entered into force 01.01.07 - RT I 2006, 63, 468)
§ 227. Exceptions to calculation of superannuated pension
A regular member of the Defence Forces who is in contractual active service upon the entry into force of this Act and whose period of service is extended on the basis of § 225 of this Act has, in the event that his or her length of service in the Defence Forces is 13 years, the right to receive a pension in the amount of 50% of the amount for the calculation of pensions.
(21.12.06 entered into force 01.01.07 - RT I 2006, 63, 468)
§ 2271. Recalculation of granted single benefits
(1) A single benefit granted by a relevant Minister prior to the entry into force of this Act based on § 164 of this Act to a regular member of the Defence Forces who participated, in the composition of a unit of the Defence Forces, in an international military operation in a foreign state within the meaning of the International Military Co-operation Act, or to his or her successors, shall be recalculated pursuant to the procedure provided in subsection 164 (51) of this Act.
(2) The relevant Minister shall grant and pay the additional single benefit to the applicant of a granted benefit within two months after the entry into force of this Act.
(14.12.2004 entered into force 24.12.2004 - RT I 2004, 88, 599)
§ 2272. Performance of acts related to reorganisation of national defence departments
The acts related to reorganisation of national defence departments shall be performed by the Minister of Defence.
(01.06.2005 entered into force 17.06.2005 - RT I 2005, 33, 243)
§ 2273. Reorganisation of national defence departments
(1) The national defence departments organised based on the Defence Forces Service Act are reorganised by 1 August 2005 as the Defence Resources Agency and the national defence departments terminate their activity.
(2) As of 1 August 2005, the Defence Resources Agency is deemed to be the representative of the Republic of Estonia in all legal relationships in which the national defence departments represented the Government of the Republic.
(3) As of 1 August 2005, the Defence Resources Agency shall be the administrative authority processing challenges and complaints against the decisions of the heads of the national defence departments made on the basis of the Defence Forces Service Act.
(4) As of 1 August 2005, the medical committee of the Defence Resources Agency which continues its operation shall be the administrative authority processing challenges and complaints against the decisions of the medical committees of the national defence departments made on the basis of the Defence Forces Service Act.
(01.06.2005 entered into force 01.08.2005 - RT I 2005, 33, 243)
§ 2274. Term of call-up of persons eligible to be drafted for compulsory military service and division of such persons, expressed in numbers, between units of Defence Forces
(1) The Minister of Defence shall establish, by a regulation, the term of call-up of persons eligible to be drafted for compulsory military service and the distribution, by number, of persons eligible to be drafted to different units of the Defence Forces for the years 2006 and 2007 not later than by 15 October 2005.
(2) The Commander of the Defence Forces shall submit, not later than by 15 September 2005, a proposal to the Minister of Defence concerning the term of call-up of persons eligible to be drafted for compulsory military service and the division of such persons, expressed in numbers, between the units of the Defence Forces for the years 2006 and 2007.
(01.06.2005 entered into force 01.08.2005 - RT I 2005, 33, 243)
§ 2275. Timing of training exercises and number of reservists to participate therein
(1) The Minister of Defence shall establish, by a regulation, the timing of training exercises and the number of reservists to participate therein for the year 2006 not later than by 15 October 2005.
(2) The Commander of the Defence Forces shall submit a proposal to the Minister of Defence concerning the timing of training exercises and the number of participating reservists for the year 2006 not later than by 15 September 2005.
(01.06.2005 entered into force 01.08.2005 - RT I 2005, 33, 243)
Chapter 14
Amendment of Legislation Currently in Force
§ 228. Amendment of Public Service Act
The Public Service Act (RT I 1995, 16, 228; 1999, 7, 112; 10, 155; 16, 271; 276; 2000, 25, 144; 145; 28, 167; 102, 672; 2001, 7, 17; 18; 17, 78; 24, 133; 42, 233; 47, 260; 2002, 21, 117; 62, 377; 110, 656; 2003, 4, 22; 13, 67; 69; 20, 116; 51, 349; 58, 387; 90, 601) is amended as follows:
1) subsection 12 (1) is amended and worded as follows:
“(1) This Act regulates service in the Defence Forces in so far as is not otherwise provided for in the Defence Forces Service Act.”
2) in clause 131 (1) 3), the number “6” is replaced by the number “5”.
§ 229. Amendment of Superannuated Pensions Act
The Superannuated Pensions Act (RT 1992, 21, 294; RT I 1993, 40, 596; 1994, 24, 398; 51, 856; 83, 1450; 1995, 61, 1027; 95, 1631; 1996, 22, 437; 86, 1539; 1997, 81, 1366; 1998, 17, 266; 107, 1767; 2000, 25, 147; 28, 167; 58, 376; 2001, 100, 648; 2002, 61, 375) is amended as follows:
1) clause 2 1) is repealed;
2) the title of Part II of the Act is amended and worded as follows:
“II. Superannuated Pensions for Employees of Police Forces and Forces Responsible for Maintaining Public Order”;
3) clause 12 1) is repealed;
4) in clause 12 5), the words “in the Defence Forces” are omitted.
§ 230. Amendment of Code of Administrative Offences
The Code of Administrative Offences (RT 1992, 29, 396; RT I 2001, 74, 453; 87, 524 and 526; 97, 605; 102, 677) is amended as follows: 1) section 1771 is added to the Code worded as follows:
Ҥ 1771. Failure of reservists to report to point of assembly
If a reservist fails to report to a point of assembly without a reasonable impediment, a fine of up to two hundred days’ wages or administrative detention of up to fifteen twenty-four hour periods shall be imposed.”;
2) in subsection 188 (1), the number “1771” is added after the number “169”;
3) the title of § 190 is amended and worded as follows:
“§ 190. Officials of Defence Resources Agency”;
(01.06.2005 entered into force 01.08.2005 - RT I 2005, 33, 243)
4) in subsection 190 (1), the number “1771” is added after the number “177”;
5) in § 190 (2), the word “commander” [ülem] is replaced by the word “commander” [juhataja].
§ 231. Amendment of Criminal Code
Section 782 of the Criminal Code (RT 1992, 20, 288; RT I 2001, 73, 452; 85, 510; 87, 526) is amended and worded as follows:
Ҥ 782. Failure to comply with mobilisation order or avoidance of service in Defence Forces
(1) Failure to comply with a mobilisation order or a mobilisation notice communicated in peace- time without a reasonable impediment by a reservist shall be punished by imprisonment for up to one year.
(2) The same act in war-time, and avoidance of a repeated call-up for service in the Defence Forces in war-time shall be punished by imprisonment for up to five years.”
§ 232. Amendment of Peace-Time National Defence Act
The Peace-Time National Defence Act (RT I 1995, 18, 240; 1996, 25, 519; 49, 953; 1999, 16, 271; 2000, 28, 167) is amended as follows:
1) in subsection 16 (2), clause 18) is omitted;
2) clause 14) is added to subsection 20 (2) worded as follows: “14) approve the military training plans of the Defence Forces, the National Defence League and other armed units.”;
3) clause 20 (2) 7) is amended and worded as follows:
“7) organise the career of members of the Defence Forces in the Defence Forces and in the National Defence League;”.
§ 233. Amendment of Status of Judges Act
Subsection 37 (3) of the Status of Judges Act (RT 1991, 38, 473; 1993, 1, 2; RT I 1993, 24, 429; 1994, 13, 234; 40, 654; 81, 1382; 1995, 83, 1440; 1996, 51, 967; 73, 1294; 81, 1448; 1997, 28, 426; 93, 1557; 1998, 34, 487; 1999, 16, 271; 2000, 28, 167; 35, 222; 40, 251; 2001, 58, 353) is repealed.
§ 234. Amendment of Police Service Act
Subsection 33 (2) of the Police Service Act (RT I 1998, 50, 753; 104, 1742; 2000, 10, 57; 28, 167; 2001, 7, 17; 85, 511; 2002, 53, 336; 61, 375; 2003, 20, 116) is repealed.
§ 235. Amendment of Prosecutor’s Office Act
Section 60 of the Prosecutor’s Office Act (RT I 1998, 41/42, 625; 110, 1812; 1999, 18, 303; 95, 839; 2000, 28, 167; 35, 222; 2001, 53, 315; 2002, 56, 350; 61, 375; 2003, 20, 116; 26, 159; 90, 601; 2004, 7, 40) is repealed.
§ 236. Amendment of Code of Enforcement Procedure
The Code of Enforcement Procedure (RT I 1993, 49, 693; RT I 2002, 83, 489; 84, 492; 110, 654; 2003, 13, 64; 20, 116; 23, 142; 146; 26, 156; 31, 195; 83, 556; 88, 591) is amended as follows:
1) section 17 is repealed;
2) in subsection 34 (1), the words “on the basis of a petition of a claimant” are added after the words “enforcement procedure”;
3) clause 34 (1) 3) is amended and worded as follows:
“3) if the debtor is in compulsory military service or participates in training exercises;”.
§ 237. Repeal of Defence Forces Service Act
The Defence Forces Service Act (RT I 1994, 23, 384; 1995, 18, 240; 62, 1056; 1996, 25, 519; 49, 953; 1997, 95/96, 1575; 1998, 57, 865; 1999, 10, 150; 25, 365) is repealed.
§ 238. Repeal of resolution of Supreme Council of Republic of Estonia
The resolution of the Supreme Council of the Republic of Estonia “On Implementation of Defence Forces Service Act of Republic of Estonia” (RT 1992, 4/5, 61; RT I 1994, 23, 384) is repealed.
§ 239. Repeal of Commander of the Defence Forces Pension Act
The Commander of the Defence Forces Pension Act (RT I 1996, 22, 435) is repealed.
1 RT = Riigi Teataja = State Gazette
2 Riigikogu = the parliament of Estonia
3 ÜVT = Ülemnõukogu ja Valitsuse Teataja = Supreme Council and Government Gazette