The Law of the Republic of Azerbaijan "On Civil Service" has been amended!
According to the amendment,
1) Added a preamble with the following content:
"This Law defines the legal, organizational and financial-economic bases of civil service in the Republic of Azerbaijan in accordance with the 19th clause of Part I of Article 94 of the Constitution of the Republic of Azerbaijan."
2) Articles 1 and 2 were given in the following version:
"Article 1. Basic concepts
1.1. The main terms used in this Law have the following meanings:
1.1.1. civil service - service in the civil service position in the field of implementation of the goals and functions of the state in accordance with the Constitution of the Republic of Azerbaijan and other normative legal acts;
1.1.2. special type of civil service - civil service in positions intended for special, military or diplomatic rank;
1.1.3. civil servant - who receives a state salary only from the sources provided for in Article 1.1.4 of this Law, who holds an administrative or auxiliary civil service position in accordance with this Law and who is given a qualification degree, who is loyal to the Republic of Azerbaijan when he is accepted into the permanent civil service for the first time on an administrative position an employee of a state body who is a citizen of the Republic of Azerbaijan and who swears to be;
1.1.4. state body - which implements the purpose and functions of the state within the limits determined by the Constitution of the Republic of Azerbaijan and the laws of the Republic of Azerbaijan, is financed from the state budget of the Republic of Azerbaijan, the budget of the Nakhchivan Autonomous Republic and, in cases determined by law, additional extra-budgetary funds, in accordance with the Constitution of the Republic of Azerbaijan and the laws of the Republic of Azerbaijan state institution established as and having the structure provided for in Article 7 of this Law;
1.1.5. category (classification) of state bodies – classification of state bodies taking into account their status, hierarchy and jurisdiction (at the country, regional and local level);
1.1.6. state salary - a monthly fee paid to a civil servant in the form of money without cash;
1.1.7. civil service position - a staff unit defined in the staff table in accordance with the structure of that body in order to execute the powers of the state body determined by the Constitution of the Republic of Azerbaijan and the laws of the Republic of Azerbaijan;
1.1.8. classification of administrative and auxiliary duties - classification of administrative and auxiliary duties in state bodies taking into account the category of state bodies to which they belong;
1.1.9. administrative position of the civil service - a staff unit that directly implements the powers of that department in accordance with the direction of activity of the structural unit of the state body, defined in the staff table according to the structure of the state body;
1.1.10. auxiliary position of the civil service - a staff unit that ensures the activity of the structural unit of the state body, defined in the staff table according to the structure of the state body;
1.1.11. classification set of administrative and auxiliary positions - a list containing the names, classifications and qualifications of civil servants of administrative and auxiliary positions, which is the basis for the preparation of staff tables in state bodies and is approved by the body (institution) determined by the relevant executive authority;
1.1.12. qualification level of a civil servant – qualification level given to a civil servant according to the position he holds;
1.1.13. the structure of the state body - the system of structural institutions that ensure the activity of the state body defined by normative legal acts;
1.1.14. the apparatus of the state body - the structural institution of the state body that unites structural units (department and sector) and directly organizes and ensures the implementation of the powers entrusted to the state body;
1.1.15. structural division of a state body - a structural unit of a state body created by the decision of the head of a state body and carrying out the powers entrusted to it in accordance with the statute of that state body;
1.1.16. rotation – transfer of civil servants holding administrative positions from one position to another position in accordance with Article 31-1 of this Law;
1.1.17. direct manager - an official to whom a civil servant is directly subordinated;
1.1.18. service activity - the activity of a civil servant related to the implementation of the rights and duties established by law;
1.1.19. evaluation of the civil servant's service activity - monitoring the civil servant's current activity, revealing his potential opportunities and effectively using those opportunities, stimulating the civil servant to increase his professional competence and his need for additional education or training, as well as whether it is suitable for the position he holds, the employee verification of the civil servant's activity at the end of each calendar year, held in order to determine his potential for promotion;
1.1.20. department - a structural division of a state body that exercises its powers in one or more areas of activity;
1.1.21. sector – a structural unit of a state body created within a department or independently;
1.1.22. job description - a document containing the name of the civil service position, service functions and the conditions for holding that position and approved by the head of the state body;
1.1.23. central executive power body - a state body that implements state policy and regulation in the fields of activity according to the areas of activity determined by Article 113 of the Constitution of the Republic of Azerbaijan;
1.1.24. state agencies and public services established under the central executive authority bodies - structural institutions created under the central executive authority authority and exercising their powers defined by sectoral laws at the country level;
1.1.25. local divisions of the central executive power bodies - a structural institution created for the purpose of ensuring the activities of the central executive power body on the ground (by district, city and region);
1.1.26. disciplinary responsibility - a type of legal responsibility that involves the application of disciplinary punishment provided for in this Law for non-fulfillment or improper fulfillment of duties assigned to a civil servant (disciplinary offense), as well as for non-observance of the restrictions established by this Law;
1.1.27. competition - a process consisting of a test exam and an interview to assess the suitability of candidates for vacant positions in order to hold administrative positions;
1.1.28. internal interview - held for filling a vacant position corresponding to the first-seventh classifications of administrative positions in category 1-5 state bodies, civil servants who served in administrative positions in those state bodies and have a qualification corresponding to the classification of administrative positions, as well as Article 28.12 of this Law an interview involving the participation of persons applying for the positions specified in the second part;
1.1.29. general interview - civil servants who have a qualification corresponding to the classification of administrative positions and who have a qualification corresponding to the classification of administrative positions, and who have at least 5 years of service an interview held for the purpose of arresting persons who have worked in administrative positions in a state body, as well as other persons provided for in the first part of Article 29.3 of this Law.
1.2. Other concepts used in this Law express the meanings defined by the normative legal acts of the Republic of Azerbaijan.
Article 2. Scope of application of the law
2.1. This Law applies to civil servants serving in structural institutions of state bodies.
2.2. Unless otherwise provided in this Law, this Law applies to the President of the Republic of Azerbaijan, the First Vice-President and Vice-Presidents of the Republic of Azerbaijan, the Prime Minister of the Republic of Azerbaijan and his deputies, deputies of the Milli Majlis of the Republic of Azerbaijan, judges of the courts of the Republic of Azerbaijan, the Commissioner for Human Rights of the Republic of Azerbaijan ( to the ombudsman), to the heads of the central executive bodies of the Republic of Azerbaijan and their deputies, to the chairman, deputy chairman, secretaries and other members of the Central Election Commission of the Republic of Azerbaijan, to the chairman, deputy chairman and auditors of the Accounting Chamber of the Republic of Azerbaijan, to the heads (heads) of the local executive authorities, Azerbaijan To the chairman, vice-chairmen and other members of the Audiovisual Council of the Republic of Nakhchivan, deputies of the Supreme Assembly of the Nakhchivan Autonomous Republic, the Prime Minister of the Nakhchivan Autonomous Republic and his deputies, the human rights commissioner (ombudsman) of the Nakhchivan Autonomous Republic, the chairman of the Central Election Commission of the Nakhchivan Autonomous Republic, Television of the Nakhchivan Autonomous Republic and does not apply to the chairman, vice-chairmen and other members of the Radio Council, the heads of the central executive authorities of the Nakhchivan Autonomous Republic, the head of the Permanent Representation of the Nakhchivan Autonomous Republic in Baku, and military personnel.
2.3. The provisions of this Law relating to the right of citizens of the Republic of Azerbaijan to be accepted into the civil service, the implementation of the civil service admission through competition and interview on the basis of transparency, the evaluation of the service activity of civil servants and other principles of the civil service, as well as this Taking into account Article 15-1 of the Law, it is regulated by other laws of the Republic of Azerbaijan. This Law applies to persons who work in state bodies that have a special type of civil service and who do not have a special, military or diplomatic rank (except for other employees who are not civil servants).
2.4. This Law does not apply to employees of legal entities subordinate to state bodies. Labor relations of these employees are regulated by the Labor Code of the Republic of Azerbaijan.
3) Article 7 was amended as follows:
"Article 7. Types of structural divisions in the structural institutions of state bodies and the order of creation
7.1. In the structural institutions of state bodies, a department can be created within the defined number of employees, a sector within it or independently.
7.2. In the structural institutions of state bodies, including the head of the structural unit, a minimum of 8 staff units are determined for the creation of a department (3 staff units in the structural units for the protection of state secrets), a minimum of 3 staff units for the creation of a sector.
7.3. The classification of structural units in the structural institutions of state bodies as supporting and auxiliary structural units, taking into account the functions entrusted to them, is carried out on the basis of the list approved by the body (institution) determined by the relevant executive authority.
7.4. Structural units other than those provided for in Article 7.1 of this Law may be created in higher category state bodies."
4) The first part of Articles 8.3, 9, 11.4 and the "Note" part of that article, Articles 12, 14, 16.1 and the first sentence of Article 22.1 were canceled.
5) Articles 13.5 and 15-3 were added with the following content:
"13.5. The job instructions of civil servants holding administrative and auxiliary positions in higher category state bodies, which include the activities of those state bodies, the name of the civil service position, service functions and the conditions for holding the position, are approved by the heads of those bodies. The job instructions for the positions corresponding to the first-seventh classifications of administrative positions in category 1-5 state bodies shall be agreed with the body (institution) determined by the relevant executive power body in accordance with the general conditions determined by the body (institution) determined by the relevant executive power body. approved by the heads of the bodies.";
"Article 15-3. Register of civil servants
15-3.1. The register of civil servants is a state information resource containing information about civil servants (including those admitted to service as trainees and probationers, as well as those who have been terminated from civil service).
15-3.2. The register of civil servants is maintained by the body (institution) determined by the relevant executive authority.
15-3.3. The procedure for keeping the register of civil servants is determined by the body (institution) determined by the relevant executive authority.
15-3.4. Violation of the requirements of the rule provided for in Article 15-3.3 of this Law causes liability in cases provided by law."
6) Article 22.3 was amended as follows:
"22.3. The minimum amount of the monthly salary of civil servants holding administrative and auxiliary positions in state bodies is determined by the body (institution) determined by the relevant executive power body.
7) The fourth part was given in the following edition:
"The positions of deputy heads of local executive bodies are held by conducting an interview or through promotion, taking into account the provisions of Article 29.13 of this Law."
8) Article 29.13 was added with the following content:
"29.13. Deputy heads of local executive bodies are appointed by the relevant executive body in agreement with the relevant executive body."
9) Article 30-1.1 was amended as follows:
"30-1.1. Evaluation of the service activity of public servants holding administrative positions is carried out at the end of each calendar year.
10) Article 31-1 shall be added in the following content:
"Article 31-1. Rotation of civil servant
31-1.1. The rotation of the civil servant is carried out by the decision of the head of the state body where he/she is serving, according to the procedure determined by the body (institution) determined by the relevant executive power body.
31-1.2. When the civil servants, whose list is determined in accordance with Article 31-1.1 of this Law, are assigned to another position on a rotational basis, the classification of the administrative position, qualification, service performance evaluation result, length of service, as well as age, family and health status are taken into account.
31-1.3. Civil servants with less than five years of service in the relevant position are not rotated.
31-1.4. Compensation and a one-time payment are given to civil servants who are appointed to a position outside the administrative territorial unit where they live on a rotating basis, according to the procedure determined by the body (institution) determined by the relevant executive authority.
11) Article 32.5 has been added with the following content:
"32.5. The career of the civil servant is planned in order to create conditions for the comprehensive development of the civil servant by using his potential properly, to ensure his promotion and motivation in the civil service, and to meet the need for staffing of the public body in a timely manner by using human resources in the civil service more efficiently. Career planning of civil servants a career development plan of the civil servant is prepared by the state bodies in accordance with the procedure determined by the body (institution) determined by the relevant executive power body.
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