Accepted at the forty seventh plenary session of Inter-parliamentary Assembly of the State Parties of the CIS
(The resolution of April 13, 2018 No. 47-11)
About the public civil and municipal service
1. Subject of regulation of this Law are the relations connected with receipt on state civil (further also - state) and municipal service, passing and the termination of the public and municipal service, and also with determination of legal status (status) state civil (further also - state) and local government officers.
2. This Law does not regulate the questions connected with revenues to the public military, law-enforcement and other service, its passing and the termination, determination of legal status (status) of the military personnel and staff of law enforcement and other agencies.
3. This Law does not determine the status of persons replacing the state and municipal positions as specified persons are not the government and local government officers.
In this Law the following basic concepts are used:
the public civil service - professional office activity of citizens which is performed on the terms of the employment contract (contract) on positions of public service and is connected with ensuring execution of powers of the state bodies and persons replacing the state positions;
the municipal service - professional office activity of citizens which is performed on the terms of the employment contract (contract) on positions of municipal service and is connected with ensuring execution of powers of the local government bodies, municipal authorities and persons replacing municipal positions;
the employer - state body, municipal body which execution of powers is provided by the government or local government officer;
Option:
the employer - the state, subject (region) of the state, the municipality;
the representative of the employer (employer) - the head of state body, person replacing the state position, the head of the municipality, the head of municipal body or the other person authorized to fulfill duties of the representative of the employer (employer);
position of the public, municipal service - the structural unit of state body or municipal body replaced by one government, local government officer, for set of the specific rights and obligations determining official (office) capacity of the government, local government officer replacing this position;
the state position - the position established by the national legal system for direct execution of powers of state bodies;
municipal position - the position established by the national legal system for direct execution of powers of municipal authorities;
person replacing the state position - the head of state, the elected official, the deputy of parliament, and also persons replacing other positions carried by the law to the state positions;
person replacing municipal position - the deputy, the member of elected municipal body, the elected official of local self-government, and also persons replacing other positions carried by the law to municipal positions;
the elected official of local self-government - the official of local self-government elected on municipal elections on the basis of general equal and direct suffrage in case of secret vote, or representative body of local self-government from the structure, or representative body of local self-government from among the candidates provided by tender committee by results of tender, or on the descent of citizens performing powers of representative body of local self-government, and given own authority according to the solution of questions of local value, and also other powers assigned to it according to the law of the state;
the member of elected body - person which is part of the collegiate state body or municipal body created on elections, except for legislative (representative) body;
the government employee - the citizen given authority, fulfilling duties which correspond to position of public service in the procedure established by the national legal system in state body and receiving monetary pay which is paid for the account of budget funds or other stipulated by the legislation sources of financing;
the local government officer - the citizen given authority, fulfilling duties which correspond to position of municipal service in the procedure established by the national legal system in municipal body and receiving monetary pay which is paid for the account of means of the local budget or other stipulated by the legislation sources of financing;
conflict of interest - situation in case of which personal interest of the government, local government officer influences or can influence proper, objective and impartial execution of job responsibilities by it;
personal interest - possibility of receipt of the income in type of money, other property, including property rights, services of property nature, results of the performed works or any benefits (benefits), the government, local government officer and (or) the faces (parents, spouses, children, brothers, sisters, and also brothers, sisters, parents, children of spouses and spouses of children), citizens or the organizations consisting with it in close relationship or property with which the government, local government officer and (or) persons consisting with it in close relationship or property are connected by property, corporate or other close relations.
1. The legal basis of the public and municipal service is constituted by the constitution of the state, the laws of the state and other regulatory legal acts.
2. Action of the labor law of the state with the features provided by this Law extends to the government and local government officers.
The basic principles of the public and municipal service are:
1) priority of rights and freedoms of man and citizen and guarantees of their realization;
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
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