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LAW OF THE AZERBAIJAN REPUBLIC

of November 21, 2023 No. 1022-VIQD

About introduction of amendments to the Law of the Azerbaijan Republic "About public service" and the "Regulations on service in migratory bodies" approved by the Law of the Azerbaijan Republic of December 4, 2009 No. 930-IIIQ

Millie Majlis of the Azerbaijan Republic, being guided by Item 19 of part I of article 94 of the Constitution of the Azerbaijan Republic, decides:

Article 1. In the Law of the Azerbaijan Republic "About public service" (Collection of Legal acts of the Azerbaijan Republic, 2001, No. 1, Article 1, No. 3, Article 131; 2002, No. 12, Article 693; 2003, No. 1, Article 16, 2004, No. 1, Article 10, No. 4, Article 199, No. 5, Article 321, No. 8, Article 597, No. 11, Article 884, 2005, No. 6, Articles 463, 475, No. 10, Article 874, 2006, No. 5, Article 386, No. 6, Article 479, No. 8, Article 657, No. 11, Article 927, No. 12, Articles 1005, 1014 2007, No. 2, Article 83, No. 5, Articles 434, 436, No. 7, Article 711, No. 10, Article 934, No. 11, Articles 1049, 1074, 1078, No. 12, Article 1213, 1219, 2008, No. 3, Article 153, No. 5, Articles 326, 341, No. 6, Articles 471, 481, No. 7, Article 602, No. 8, Article 699, No. 10, article 881 2009, No. 2, Article 54, No. 5, Article 311, No. 6, Article 403, No. 10, Article 771, No. 11, Article 878, No. 12, Article 964, 2010, No. 4 276, 2011, No. 2, Article 71, No. 3, Article 165, No. 6, Article 463, 2012, No. 5, Article 413, No. 10, Article 945, No. 11, Article 1049; 2015, No. 1, Article 9, No. 5, Article 488, No. 10, Article 1100, 2016, No. 8, Article 1365, No. 11, Articles 1760, 1782, 1785; 2017, No. 5, Article 726, No. 6, Article 1054, No. 7, Article 1267, No. 8, Article 1513, No. 11, article 1974, No. 12 (Book I), Article 2192; 2018, No. 2, Articles 158, 159, No. 3, Article 392, No. 5, Articles 864, 880, No. 6, article 1191, No. 7 (book I), Articles 1383, 1428; 2019, No. 1, Article 8; 2020, No. 7, Articles 828, 851, 856, No. 11, article 1322, No. 12 (Book I), Articles 1425, 1427; 2021, No. 2, Article 114, No. 7, Article 703, No. 8, Articles 898, 900, 902; 2022, No. 1, Article 6, No. 12, Article 1370; 2023, No. 1, Articles 13, 21, No. 4, Article 459, No. 5, Article 625, No. 6, Article 747) in the second offer of Article 17.4-3 of the word "and qualification ranks of diplomatic ranks" shall be replaced with words ", diplomatic ranks and qualification ranks".

Article 2. Make the following changes to the "Regulations on service in migratory bodies" approved by the Law of the Azerbaijan Republic of December 4, 2009 No. 930-IIIQ (Collection of Legal acts of the Azerbaijan Republic, 2009, No. 12, Article 972; 2010, No. 4, Article 273, No. 5, 385, 2011, No. 4, Article 271, 2012, No. 5, Article 412, No. 11, Articles 1042, 1050, 2013, No. 3, Article 228, No. 12, Article 1468, 2016, No. 6, Article 985, 2017, No. 7, Article 1256, No. 8, article 1508, No. 12 (book I), Article 2206, 2018, No. 3, article 391, No. 12 (book I), Art. 2474; 2020, No. 5, Article 521; 2021, No. 8, Article 902; 2022, No. 8, Article 830, No. 12, Article 1378):

2.1. In Article 7 shall be replaced with words the word "on nationality" "on ethnic origin";

2.2. To add the second offer of the following content to Article 17:

"Persons with the established probation period are appointed to the corresponding position without special rank and during this period receive only official pay rate.";

2.3. In Article 18 of the word "on certification" shall be replaced with words "by results of assessment of probation period";

2.4. In Article 20 of the word "from certification during term" shall be replaced with words "it is successful during term" and after the word "it is not made" to add the word "and its service stops according to this Provision" to this Article;

2.5. In Article 21 after the word "it is not made" to add the word "and these persons are accepted on permanent service in migratory bodies by appointment to the corresponding position";

2.6. To add the third offer of the following content to Article 34:

"In case of shift work - the identical duration of working hours is determined for day, evening and night shifts.";

2.7. Repeal Articles 56 and 58;

2.8. State Article 63-1 in the following edition:

"63-1. The senior, average and younger special ranks are given by the head of relevant organ of the executive authority based on the corresponding representation.";

2.9. Repeal Article 63-2;

2.10. State Article 67 in the following edition:

"67. In case of acceptance on public service or on special type of civil service in other state bodies of persons, employees or earlier serving in migratory bodies, the years of service of their work in migratory bodies are set off in length of service in these bodies, and also the rank, special, military or diplomatic rank by rules of mutual adaptation of the special, military, diplomatic ranks and qualification ranks determined by body (organization) determined by relevant organ of the executive authority is appropriated to these persons corresponding qualification. In case of acceptance on service in migratory bodies of the persons which are working or earlier working at public service or in other state bodies by special type of civil service, their years of service (services) it is set off in length of service in migratory bodies and to these persons the corresponding special rank by rules of mutual adaptation of the special, military, diplomatic ranks and qualification ranks determined by body (organization) determined by relevant organ of the executive authority and to this Provision is given.";

2.11. Add with Article 74-1 of the following content:

"74-1. When finding the worker who is at the disposal of migratory bodies (except the workers exempted from fulfillment of duties in connection with authority punishment), and also the worker concerning whom criminal case is brought or functional audit check is carried out, appointed to position in case of cessation of production on criminal case on the justificatory bases on pretrial investigation either justifications by the court verdict or receipts of the positive conclusion by it by results of functional audit check - service life for receipt of the next special rank by it is estimated from the moment of the termination of service life in the previous special rank.";

2.12. The first offer of Article 84-1 to state in the following edition:

"Except as specified, stipulated in Article 82 this provision, according to Articles 111. 4, 111.5, 111.7 or 111.10 of this provision, or in connection with submission of the written application about voluntary resignation in connection with retirement the lump-sum allowance in the amount of sixfold official pay rate is paid to the employee of migratory body which service in migratory bodies is stopped.";

2.13. In Article 97 before the words "junior employee of migratory service" to add the word "lance sergeant of migratory service";

2.14. Under Article 111:

2.14.1. Add with Article 111.2-1 of the following content:

"111.2-1. if did not manage to pass probation period successfully;";

2.14.2. In Article 111.5 to replace the word "four" with the word "six".

Article 3. Articles 2.7 and 2.10 of this Law become effective in day of holding procedure of mutual adaptation of the special, military, diplomatic ranks and qualification ranks determined by body (organization) determined by relevant organ of the executive authority.

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