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ORDER OF THE GOVERNMENT OF THE KYRGYZ REPUBLIC

of January 28, 2019 No. 23

About approval of the Temporary procedure for dismissal of the employees who are at the disposal of personnel of criminal executive system of the Kyrgyz Republic

According to article 13 of the Law of the Kyrgyz Republic "About service by the ordinary and commanding structure of bodies and organizations of criminal executive system of the Kyrgyz Republic", articles 10 and 17 of the constitutional Law of the Kyrgyz Republic "About the Government of the Kyrgyz Republic" the Government of the Kyrgyz Republic decides:

1. Approve the Temporary procedure for dismissal of the employees who are at the disposal of personnel of criminal executive system of the Kyrgyz Republic according to appendix.

2. To public service of execution of punishments under the Government of the Kyrgyz Republic:

- bring the decisions into accord with this Resolution;

- take the necessary measures following from this Resolution.

3. To impose control of execution of this Resolution on department of defense, law and order and emergency situations of Government office of the Kyrgyz Republic.

4. This Resolution becomes effective after fifteen days from the date of its official publication and is effective before entry into force of the Law of the Kyrgyz Republic "About service in law enforcement agencies of the Kyrgyz Republic".

Prime Minister of the Kyrgyz Republic

M. Abylgaziyev

Appendix

to the Order of the Government of the Kyrgyz Republic of January 28, 2019 No. 23

Temporary procedure for dismissal of the employees who are at the disposal of personnel of criminal executive system of the Kyrgyz Republic

Chapter 1. General provisions

1. This Temporary procedure determines conditions of dismissal of the employees who are at the disposal of personnel of criminal executive system of the Kyrgyz Republic.

2. This Temporary procedure extends to employees of the certified structure of bodies and organizations of criminal executive system of the Kyrgyz Republic.

3. The employee is enlisted in the order of personnel according to the Law of the Kyrgyz Republic "About service by the ordinary and commanding structure of bodies and organizations of criminal executive system", on the following bases:

1) holding organizational and regular actions;

2) liquidation of body or organization of criminal executive system;

3) recovery in service of the employee who was earlier holding this position;

4) impossibility of appointment it to other position;

5) dismissal according to the Disciplinary charter of bodies and organizations of criminal executive system;

6) the translation from other law enforcement agencies and military forming;

7) upon termination of service life, works in the Office of the President of the Kyrgyz Republic, the Office of Jogorku Kenesh of the Kyrgyz Republic, Government office of the Kyrgyz Republic.

Chapter 2. Conditions of dismissal of the employees who are at the disposal of personnel of criminal executive system of the Kyrgyz Republic

4. The term of finding of the employee at the disposal of personnel shall not exceed 4 months, at the same time time of his disease or stay on the next and additional leaves is not set off.

5. The order on transfer of the employee in the order of personnel appears to it under list in the magazine of the notification which form is determined by the decision of the central body of criminal executive system then the statement from the above-stated order is issued to it.

In case of refusal the employee from the signature in the magazine of the notification or absence for acquaintance with the above-stated order, personnel service of the central body of criminal executive system the statement which form is determined by the decision of the central body of criminal executive system which copy goes at the place of residence of the employee is drawn up.

6. Acquaintance of the employee with the order on its transfer in the order of personnel according to Item 5 of this Temporary procedure, at the same time is the notification on its forthcoming dismissal from bodies of criminal executive system after term, the stipulated in Item 4 presents of the Temporary procedure.

7. During term, the stipulated in Item 4 presents of the Temporary procedure, the personnel service of the central body of criminal executive system to the employee twice offers position, equivalent to that position which he held before transfer in the order of personnel, except as specified, 3 presents of the Temporary procedure provided by subitems 4-6 of Item.

In cases of lack of equivalent positions subordinate positions can be offered the employee who is at the disposal of personnel.

In each case of refusal by the employee who is at the disposal of personnel from the offered position, the personnel service of the central body of criminal executive system carries out its notification on the forthcoming dismissal and the statement in the form determined by the decision of the central body of criminal executive system which copy is handed to the above-stated employee is drawn up.

8. The refusal of the employee of the offered positions, stipulated in Item the 7th this Temporary procedure, is not the basis for its stay in the order of personnel of criminal executive system over the term, the stipulated in Item 4 presents of the Temporary procedure, after this term the central body of criminal executive system makes the decision on dismissal of the above-stated employee.

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