LAW OF UKRAINE

of November 17, 2011 No. 4050-VI

About public service

This Law determines the principles, legal and organizational basis of public service, condition and procedure for realization by citizens of Ukraine for the right to public service.

Section I General provisions

Article 1. Determination of terms

1. In this Law terms are used in such value:

1) public service - professional activity of government employees on preparation of offers concerning forming of state policy, ensuring its realization and provision of administrative services;

2) the government employee - the citizen of Ukraine who holds position of public service in state body, authority of the Autonomous Republic of Crimea or their device receives the salary for the account of means of the government budget, except the cases determined by the law and performs the powers established for this position directly connected with realization of tasks and accomplishment of functions of state body or authority of the Autonomous Republic of Crimea relatively:

preparation of offers concerning forming of state policy in the respective sphere;

developments, examinations and/or editing projects, regulatory legal acts;

provisions of administrative services;

implementation of the state supervision (control);

managements of the state-owned property or property belonging to the Autonomous Republic of Crimea, the state corporate laws;

personnel managements of state bodies, authorities of the Autonomous Republic of Crimea or their device;

realization of other powers of relevant organ;

3) the order - form of realization of managerial powers by the head who provides statement of specific objective, determination of its subject, purpose, term and actionee of person;

4) the head of public service in state body, authority of the Autonomous Republic of Crimea or their device - the official who holds the highest position of public service in state body, authority of the Autonomous Republic of Crimea or their device to which job responsibilities powers concerning public service in this body or its device belong;

5) position of public service - primary structural unit of state body, authority of the Autonomous Republic of Crimea or their device determined by structure and the staff list with the job responsibilities established according to the legislation within the powers determined by Item 2 of this part;

6) job responsibilities - the list of the functions and powers assigned to position of public service which the government employee shall carry out and which are established by its job description;

7) profile of professional competence of position state the sluzhbykompleksny characteristic of position of public service which contains determination of content of the work performed on position and the list of the special knowledge, skills necessary for the government employee for accomplishment of job responsibilities;

8) the level of professional competence of person - the characteristic of person which is determined by its educational and qualification level, work experience and level of proficiency in special knowledge, skills;

9) working hours of the government employee - time during which the government employee according to rules of the internal office schedule shall fulfill the job responsibilities;

10) service of personnel of state body, authority of the Autonomous Republic of Crimea or their device - the separate structural division or the government employee in this body or its device providing the implementation by the head of public service in state body, authority of the Autonomous Republic of Crimea or their device of the powers which is responsible for documentary registration of revenues to public service, its passing and the termination, selection of personnel, the planning and organization of events concerning increase in level of professional competence of government employees and also performing other functions provided by this Law and other regulatory legal acts;

11) office discipline of the government employee - steady observance of the oath of the government employee, fair accomplishment of service duties by it;

12) service duties - set of the obligations of the government employee determined by this Law, rules of the internal office schedule of the relevant state body, authority of the Autonomous Republic of Crimea or their device and its job responsibilities;

13) the subject of appointment - state body or authority of the Autonomous Republic of Crimea or the official, representatives, according to the legislation to appoint to positions of public service and to exempt from these positions;

14) functions on servicing - activities of employees of state body, authority of the Autonomous Republic of Crimea and their device which does not provide implementation of the powers which are directly connected with realization of tasks and accomplishment of functions of these bodies determined by Item 2 of this part.

2. The terms "close persons", "conflict of interest", "corruption offense", "corruption" in this Law are used in the values determined by the Law of Ukraine "About the principles of prevention and anti-corruption".

Article 2. Law coverage

1. This Law governs the relations arising in connection with revenues to public service, its passing and the termination, determines legal status of the government employee.

2. Operation of this Law does not extend on:

1) President of Ukraine, cabinet ministers of Ukraine, first deputies and deputy ministers;

2) People's Deputies of Ukraine;

3) Representative of the Verkhovna Rada of Ukraine for human rights;

4) deputies of the Verkhovna Rada of the Autonomous Republic of Crimea, except the elite to positions in the Verkhovna Rada of the Autonomous Republic of Crimea on which they work at permanent basis;

5) judges;

6) prosecutors to whom class ranks are appropriated;

7) employees of state bodies, authorities of the Autonomous Republic of Crimea and their device which perform functions on servicing;

8) employees of the state companies, organizations and the organizations, and also other subjects of managing of the state pattern of ownership, employees of the companies, organizations and the organizations which are in property of the Autonomous Republic of Crimea except persons holding the positions of public service determined by the legislation in jobcenters of Public service of employment, National academy of public administration in case of the President of Ukraine, National institute of strategic researches and Institute of the legislation of the Verkhovna Rada of Ukraine;

9) the military personnel of the Armed Forces of Ukraine and other military forming formed according to the law, faces of the private and the commanding structure of law-enforcement bodies and other bodies which gives the special ranks if other is not provided by the law.

3. The list of positions of employees of state bodies, authorities of the Autonomous Republic of Crimea and their device performing functions on servicing is determined by the head of public service of this body or its device according to the criteria established by specially authorized central executive body concerning public service.

Article 3. Principles of public service

1. The principles of public service are:

1) supremacy of law;

2) patriotism and service to the Ukrainian people;

3) legality;

4) equal access to public service;

5) professionalism;

6) respectability;

7) political impartiality;

8) transparency of activities;

9) personal responsibility of the government employee.

Article 4. Legal regulation of public service

1. Legal regulation of public service is performed by the Constitution of Ukraine, present and other laws of Ukraine, acts of the President of Ukraine, the Cabinet of Ministers of Ukraine, specially authorized central executive body concerning public service, other central executive bodies issued within their powers in the cases determined by the law.

2. The relations arising in connection with the introduction, passing and the termination of public service in state bodies, authorities of the Autonomous Republic of Crimea, the organization and which activities are determined by special laws, and also their device are regulated by this Law if other is not provided by the special law.

3. Action of regulations of the legislation on work extends to government employees regarding the relations which are not settled by this Law.

Article 5. Financing of public service

1. Financing of public service is performed at the expense of means of the government budget, except the cases provided by the law.

2. Financing of public service in authorities of the Autonomous Republic of Crimea and their device is performed by budget funds of the Autonomous Republic of Crimea.

Article 6. Classification of positions of public service

1. Positions of public service depending on nature and amount of job responsibilities are subdivided into five groups:

group I - positions of the head, deputy managers of state body, members of the state collegiate organ whose jurisdiction extends to all territory of Ukraine and their device, authority of the Autonomous Republic of Crimea and its device; chairman, vice-chairmen of local public administration;

group II - positions of heads, deputy managers of independent structural divisions of state body which jurisdiction extends to all territory of Ukraine and its device, authority of the Autonomous Republic of Crimea and its device, local public administration; heads, deputy managers of state body which jurisdiction extends to the territory of one or several administrativnoterritorialny units and its device;

group III - positions of heads, deputy managers of structural divisions of state body which jurisdiction extends to all territory of Ukraine and its device, authority of the Autonomous Republic of Crimea and its device, local public administration; heads, deputy managers of structural divisions of state body which jurisdiction extends to the territory of one or several administrativnoterritorialny units and its device;

group IV - positions in state body which jurisdiction extends to all territory of Ukraine, authority of the Autonomous Republic of Crimea and their device which provide implementation of functions on preparation of offers concerning forming of state policy, of development, examinations and/or editing projects, regulatory legal acts also do not provide implementation of the leading functions;

group V - positions in state body, authority of the Autonomous Republic of Crimea and their device which do not provide implementation of the leading functions and functions on preparation of offers concerning forming of state policy, development, examination and/or editing projects, regulatory legal acts.

2. Groups of positions of public service are subdivided into subgroups.

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