PRESIDENTIAL DECREE OF THE KYRGYZ REPUBLIC

of July 18, 2022 unitary enterprise No. 244

About approval of the Regulations on procedure for assignment, preserving, lowering and deprivation of special class ranks by the government civil servant of bodies of judicial system

Being guided by part 11 of Article 70, article 71 of the Constitution of the Kyrgyz Republic, for the purpose of improvement of activities and material security of the government civil servants of judicial system of the Kyrgyz Republic I decide:

1. Approve Regulations on procedure for assignment, preserving, lowering and deprivation of special class ranks by the government civil servant of bodies of judicial system according to appendix.

2. Recognize to invalid:

1) the Presidential decree of the Kyrgyz Republic "About approval of the Regulations on procedure for assignment by the government employee of Training center of judges under the Supreme Court, Judicial department and offices of courts of the Kyrgyz Republic of special class ranks" of April 8, 2004 No. 132;

2) Item 11 of the Presidential decree of the Kyrgyz Republic "About Judicial department of the Kyrgyz Republic and Training center of judges under the Supreme Court of the Kyrgyz Republic" of April 21, 2008 No. 143;

3) Items 2, 3 Presidential decrees of the Kyrgyz Republic "About modification of some decisions of the President of the Kyrgyz Republic" of May 30, 2008 No. 188;

4) the Presidential decree of the Kyrgyz Republic "About modification and amendments in some decisions of the President of the Kyrgyz Republic" of December 26, 2008 No. 467.

3. To impose control of execution of this Decree on department of interaction with courts and bodies of prosecutor's office of Administration of the President of the Kyrgyz Republic.

4. This Decree becomes effective from the date of official publication.

Appendix

to the Presidential decree of the Kyrgyz Republic of July 18, 2022 No. 244

Regulations on procedure for assignment, preserving, lowering and deprivation of special class ranks by the government civil servant of bodies of judicial system

1. General provisions

1. This Provision determines procedure for assignment, preserving, lowering and deprivation of special class ranks by the government civil servant of bodies of judicial system according to the laws of the Kyrgyz Republic "About establishment of military ranks, special class ranks and special ranks", "About the public civil service and municipal service".

1-1. Devices of the Constitutional court of the Kyrgyz Republic (further - the Constitutional court), the Supreme Court of the Kyrgyz Republic (further - the Supreme Court), local courts of the Kyrgyz Republic (further - local courts), and also the organizations and bodies subordinated to the Supreme Court, and their territorial subdivisions belong to bodies of judicial system.

2. The special class rank is the special rank given personally to each government civil servant of bodies of judicial system according to length of service, education and post.

Special class ranks correspond to groups and categories of the register of managerial state positions.

2. Procedure for assignment of special class ranks

3. Assignment of the special class rank by the government civil servant of bodies of judicial system is made in consecutive procedure according to length of service, availability of the higher legal education.

To the government civil servants taking into account group of positions there correspond the following special class ranks:

1) to younger group of positions - the special class rank of the junior lawyer and the lawyer 3 classes;

2) to the senior group of positions - special class ranks of the lawyer 2, 1 class;

3) to the main group of positions - special class ranks of the adviser of justice 3, 2, 1 class;

4) to the highest group of positions - special class ranks of the counselor of state of justice 3, 2, class.

3. Terms of stay in special class ranks and procedure for their assignment

4. Terms of stay in each special class rank constitute at least:

1 years - for the junior lawyer;

3 years - for the lawyer 3, 2, 1 class;

3 years - for the adviser of justice 3, 2, 1 class;

are not established - for the counselor of state of justice 3, of 2, of class.

The terms specified in this Item are not considered in case of appointment of the government civil servant to higher state position.

5. Service life in the appropriated special class rank is estimated from the date of assignment of the special class rank.

6. Assignment of the senior and average special cool ranks the government civil servant is made based on the conclusions of the commissions on special class ranks in the following procedure:

1) devices of the Constitutional court and the Supreme Court - chairmen of the Constitutional court and the Supreme Court on representation of heads of devices respectively;

2) offices of local courts - heads of regional managements of Judicial department under the Supreme Court on representation of chairmen of the relevant local courts;

3) central offices of bodies subordinated to the Supreme Court and to heads of regional managements - heads of subordinated bodies for representation of one of deputies;

4) regional managements and territorial subdivisions of subordinated bodies - heads of subordinated bodies for representation of heads of regional managements.

7. Idea of assignment of the special class rank shall contain the characteristic on the government civil servant reflecting it professional activity, business and moral qualities, and also information about the special class rank which is earlier appropriated to it, the class rank of the public civil and municipal service, the military or special ranks and diplomatic ranks appropriated to the employee on the former duty station.

8. Assignment, deprivation, lowering of the special class rank of the counselor of state of justice 3 and 2 classes are made by the President of the Kyrgyz Republic in the following procedure for the employees holding the highest managerial state civil positions:

- to the chief of staff of the Constitutional court - on representation of the chairman of the Constitutional court;

- to the chief of staff of the Supreme Court and its deputy, heads of bodies subordinated to the Supreme Court - on representation of the chairman of the Supreme Court.

9. Representations on assignment of the special class rank of the counselor of state of justice 3 and 2 classes are submitted for consideration of the President of the Kyrgyz Republic with the following documents:

1) personal leaf on registration of personnel;

2) autobiography;

3) at least 3 responses on the presented candidacy from the employees knowing recommended on joint operation;

4) photo 4х6 (2 pieces);

5) copies of diplomas about education, award of academic degree, academic status;

6) passport copy;

7) the copy of the service record certified notarially or services of personnel management on place of employment.

10. The special class rank is appropriated for the first time, in the next procedure or in extraordinary procedure.

11. In case of appointment of the employee to managerial position which concerns to higher group of managerial positions than replaced by it earlier, the extraordinary special class rank which is the first for this group of positions is appropriated to the specified employee if this class rank is higher available for it.

In the specified case the special class rank is appropriated without respect for the sequence and without service life in the previous class rank after at least one year of stay of the employee in the replaced managerial position.

12. In case of acceptance by the commission on special class ranks of the decision on leaving for the government civil servant of bodies of judicial system of the special class rank which is earlier appropriated to it de novo review is carried out not earlier than in year from the date of adoption of the specified decision.

4. Procedure for preserving the special class rank

13. The special class rank corresponding to the available class rank of the public civil and municipal service, diplomatic rank, military or special rank is appropriated to persons having class ranks of the public civil and municipal service, military ranks, special ranks and diplomatic ranks in case of their appointment (transfer) into work in judicial system of the Kyrgyz Republic along with appointment.

14. The appropriated special class rank the government civil servant of bodies of judicial system remains for the government civil servant in case of release from the held managerial state civil position and dismissal from the public civil service (including in connection with retirement) with indication of "in resignation", and also in case of revenues to the public civil service.

The government civil servants consist in the special class ranks appropriated to them for life and can be deprived of the special class rank only on the bases established by the legislation of the Kyrgyz Republic.

15. The special class rank is not appropriated to the government civil servant of bodies of judicial system in cases:

Attraction as the suspect accused on criminal case or on the case of offenses began 1) concerning it pre-judicial criminal proceeding or to case on offenses - before the termination of criminal case either case on offenses or pronouncement of the verdict of not guilty by court;

2) imposings on the government civil servant of authority punishment - before removal of authority punishment;

3) conducting office investigation - before its termination.

5. Operating procedure of the Commission on special class ranks and its powers

16. For consideration of question and making the corresponding conclusion about assignment of the special class rank by the government civil servant of bodies of judicial system the relevant commissions on special class ranks are formed.

17. The commissions on special class ranks in bodies of judicial system are created in number of 5 people. Structures of the commissions affirm chairmen of the Constitutional court and the Supreme Court, heads of bodies subordinated to the Supreme Court, regional managements respectively.

18. The commissions on special class ranks in the Constitutional court and the Supreme Court are headed by deputy chairmen of the designated courts, bodies subordinated to the Supreme Court - one of deputy managers, regional managements - one of heads of structural divisions of the relevant regional managements.

19. The commission on special class ranks holds the meetings as required, but at least once in half a year. Following the results of commission sessions the conclusion which is submitted to chairmen of the Constitutional court and the Supreme Court subordinated to heads to the Supreme Court of bodies, regional managements for acceptance of the final decision on assignment of special class ranks by the government civil servant is constituted.

The commission on special class ranks is guided by this Provision.

6. Procedure for lowering, deprivation of the special class rank

20. Lowering, deprivation of special class ranks of the junior lawyer, lawyer 3, 2 and 1 class, the adviser of justice 3, 2 and 1 classes is made by chairmen of the Constitutional and Supreme courts, heads of bodies for representation of the head of the structural unit subordinated to the Supreme Court concerning personnel management, and in the absence of that - the authorized person concerning personnel management.

21. Lowering, deprivation of the special class rank of the counselor of state of justice 3 and 2 classes are made by the President of the Kyrgyz Republic on representation of chairmen of the Constitutional and Supreme courts.

22. The government civil servant of bodies of judicial system loses the special class rank by a court decision for crime execution in the cases established by the penal legislation of the Kyrgyz Republic.

The employee loses the special class rank also in connection with loss of nationality of the Kyrgyz Republic if other is not provided by international treaties which participant is the Kyrgyz Republic.

7. Other provisions

23. Data on assignment, preserving, lowering and deprivation of the special class rank are entered in the service record and the personal record of the government civil servant of bodies of judicial system.

The special class rank is specified in the official ID of the government civil servant of bodies of judicial system, and in case of assignment of the special class rank of the counselor of state of justice the appropriate certificate is granted.

24. Responsibility for timely introduction of idea of assignment of the special class rank is conferred on the head of the structural unit concerning personnel management, and in the absence of that - on the authorized person concerning personnel management.

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