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LAW OF THE REPUBLIC OF ARMENIA

of December 27, 2023 No. ZR-422

About service of probation

Accepted by National Assembly of the Republic of Armenia on December 22, 2023

Chapter 1. Basic provisions

Article 1. Subject of regulation of the law

1. This Law regulates features of the organization and activities of service in the competent state body performing probation in the Republic of Armenia (further - Service of probation) as separate type of public service, including the basic principles and tasks. Services of probation, procedure for receipt in Service of probation and operating condition of Service of probation. In connection with Service of probation the rights, obligations, responsibility, legal and social guarantees, positions and ranks of employees, social security system of employees and other main relations connected with Service of probation are determined.

2. The relations connected with passing, implementation and the termination of Service of probation which are not settled by this Law are regulated by the law "About Public Service", the law "About Civil Service" and if they are not settled by them, - the labor law of the Republic of Armenia.

Article 2. Service of probation

1. The service of probation provides realization of the functions and tasks of Service of probation determined by the Law "About Probation".

2. Employee of Service of probation is the person who is holding the position of public service specified in the list of positions of Service of probation, took the oath of the employee of Service of probation.

Chapter 2. System of service of probation, basis of the organization of its activities

Article 3. System of service of probation

1. The service of probation consists of the central body and territorial authorities. The central body consists of the main professional and auxiliary professional structural divisions. Territorial authorities perform functions of department.

2. The service of probation is performed by the main professional divisions of the central body and territorial authorities.

3. The charter of Service of probation, the staff list affirm (according to the subordination established by the legislation) the head of relevant organ (further - the minister).

4. The central and territorial authorities of service of probation have round stamp with the image of the coat of arms of the Republic of Armenia and the Armenian name, forms of single sample, symbol and can have other means of personalisation.

5. The description of seal, forms of single sample, emblem, other means of personalisation used by the central and territorial authorities of service of probation affirms the minister.

Article 4. Government employees

1. The service of probation has the secretary general. Powers of the Secretary general are determined by the Law "On Regulation of Administrative Legal Relations".

2. The secretary general of Service of probation is government employee who is appointed to position and is dismissed according to the procedure, established by the law.

3. In Service of probation the professional structural divisions providing service which are directly accountable to the Secretary general and also department of resocialization and rehabilitation of service of probation which is accountable directly to the chief of service of probation treat civil service.

4. The relations connected with civil service in service of probation are regulated by the law "About Civil Service".

Article 5. The citizens performing maintenance in service of probation

1. The citizens performing maintenance in service of probation are not considered as employees of probation, and their employment relationships are governed according to the procedure, established by the labor law of the Republic of Armenia.

Chapter 3. Positions of service of probation, rank and personal records

Article 6. List and profile of positions of service of probation

1. Positions of service of probation are classified on groups proceeding from requirements imposed regarding responsibility for the organization and management of persons holding these positions, powers on decision making, influences on activities, contacts and representation, complexity of tasks and their decision, and also professional knowledge and competences. Positions of Service of probation are classified by step system, from the highest to the lowest, on the primary, senior and younger groups respectively.

2. Classification of positions by groups of positions of Service of probation is performed according to the list of positions of Service of probation. The list affirms and supplemented with the head of Service of probation. The list of names is kept according to the law "About Public Service". Persons holding the state managerial position whose positions are not included in the list of positions of Service of probation are considered as the head of Service of probation and his deputies.

3. For position of Service of probation the position profile is established.

4. The profile of position of Service of probation (The description of workplace) following from the legal acts and tasks determining competence of Service of probation, describing functions, the rights and obligations, contacts and accountability of the employee of Service of probation and providing the professional knowledge and competences necessary for effective implementation of these functions, providing its place in management system and approved in the procedure established by this Law.

5. Profiles of positions of Service of probation affirm and brought by the chief of Service of probation.

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