CHAPTER 18
THE ARMED FORCES AND CIVIC DEFENSE
Article 113 — Armed Forces of the Republic
The Armed Forces of the Republic are a professional, contract-based military force established for the defense of the Republic.
Military service in the regular armed forces shall be voluntary and based on contract, except where constitutional law provides narrowly tailored obligations during a constitutionally declared state of emergency in response to armed aggression, consistent with this Constitution.
The Armed Forces shall be organized, trained, equipped, and commanded only in accordance with the Constitution and law.
The Armed Forces may not interfere in political processes, legislative activity, elections, referendums, judicial proceedings, or civilian administration except as expressly authorized by this Constitution.
The Armed Forces are absolutely prohibited from being directed or used against the civilian population of the Qazaq Republic or against persons exercising their constitutional rights, in accordance with Article 110a of this Constitution. Every soldier and officer has an unconditional constitutional duty to refuse and disobey any order to use force against the people of Qazaq Republic. This duty overrides rank, chain of command, any claimed emergency, and any military instruction. A soldier or officer who obeys such an order commits a criminal offense and bears full personal criminal responsibility.
Article 114 — Minister of Defense
The Minister of Defense shall be a civilian.
The Minister of Defense is responsible to Parliament and shall be accountable to the Lower House through hearings, reports, questioning, budget scrutiny, and oversight procedures established by this Constitution and constitutional law.
The Minister of Defense shall: a) administer defense policy under law; b) supervise the armed forces through civilian authority; c) ensure legality, readiness, discipline, and financial accountability in the defense sector; d) report to Parliament on defense matters at least every six (6) months, with classified annexes reviewed by the parliamentary oversight committee.
The Minister of Defense shall not independently commit the Republic to mobilization, emergency measures, or international military obligations except through the procedures established by this Constitution.
Article 115 — Military Command and Constitutional Limits
The operational command structure of the armed forces shall be established by law under civilian constitutional authority.
No individual shall hold the title or function of commander-in-chief of the armed forces. The Prime Minister is not commander-in-chief.
Supreme constitutional authority over the armed forces is exercised collectively by the Government under the Constitution and law. The Minister of Defense coordinates military command on behalf of the Government and is the senior civilian principal responsible for the armed forces.
No single officeholder may constitutionally unite the powers of head of government, supreme military command, emergency rule, and intelligence control.
Constitutional law shall distribute defense command authority among civilian institutions in a manner that prevents personal rule and preserves democratic accountability. Any deployment of armed forces involving more than five hundred (500) personnel, any deployment outside the territory of the Republic, or any use of armed force in response to external aggression, shall require a prior collegial decision of the Government and shall be reported to Parliament within twenty-four (24) hours.
Military command decisions remain subject to constitutional review where rights, emergency powers, or institutional competence are implicated.
Article 116 — Territorial Reserve and Civic Militia
The Republic shall maintain a constitutional system of territorial reserve and civic defense for the protection of the state and the population.
Participation in reserve training shall be voluntary under ordinary circumstances and regulated by constitutional law.
The reserve and civic militia system shall be based on: a) lawful registration; b) regular training; c) psychological and legal suitability; d) secure storage and accountability of arms; e) civilian command under the Constitution.
No reserve or militia structure may exist outside the state constitutional system.
Private militias, partisan armed formations, political armed wings, and unauthorized armed groups are prohibited. Any person who establishes, leads, finances, arms, or knowingly participates in a prohibited armed formation commits a grave criminal offense punishable under law.
Article 117 — Right to Possess Firearms in the Civic Defense System
Citizens may possess firearms within the framework of the civic-defense and reserve system established by this Constitution and constitutional law.
This right shall be exercised only under conditions including: a) attainment of the lawful age; b) psychological fitness certified in a manner established by law; c) mandatory training and periodic requalification; d) registration; e) safe storage; f) absence of legal disqualification.
Constitutional law shall regulate categories of firearms, lawful possession, carrying, storage, transport, suspension, revocation, and oversight in a manner consistent with public safety and civic defense principles.
Abuse of this right or unlawful possession entails liability under law and may result in disqualification.
Article 118 — Deployment of the Armed Forces
The armed forces may be deployed: a) for defense against external aggression; b) in a constitutionally declared state of emergency under Articles 129–132 of this Constitution; c) for international obligations ratified by Parliament and consistent with this Constitution; d) for support in catastrophe response when civilian capacity is insufficient, civilian authorities remain in command, and the deployment is strictly time-limited.
Internal deployment of the armed forces on the territory of the Republic shall be exceptional, strictly temporary, proportionate, and subject to continuous parliamentary and judicial oversight. Any internal deployment shall automatically expire after thirty (30) days unless renewed by Parliament. Internal deployment shall never be used in a manner that violates Article 110a of this Constitution.
The armed forces shall not be used for ordinary policing, political crowd control, or suppression of any assembly, protest, or civic activity. Any officer who orders such use and any soldier who carries out such an order commits a criminal offense.