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.