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LAW OF THE REPUBLIC OF TAJIKISTAN

of March 5, 2007 No. 233

About public service

(The last edition from 30-05-2017)

This Law determines organization-legal bases of public service, legal status and social guarantees of government employees of the Republic of Tajikistan.

Chapter 1. General provisions

Article 1. Basic concepts

In this Law the following basic concepts are used:

- the state apparatus - system of state bodies which activities are directed to implementation of tasks, functions and policy of the state;

- state body - the component of the state apparatus performing state powers of authority in forms of business inherent in it according to the competence and structure established by regulatory legal acts;

- the state position - formed within the powers established by the Constitution of the Republic of Tajikistan, structural unit of state body for implementation of the government, powers of persons, holding the state positions of the government and competence of state bodies;

- the state positions of the government - the positions established by the Constitution and the laws of the Republic of Tajikistan for implementation of the government;

- the state positions of public service - the positions established according to the procedure, determined by the legislation of the Republic of Tajikistan, for ensuring execution of powers of persons holding the state positions of the government and realization of competence of state bodies;

- public service (political and classified public service) - the professional activity of government employees aimed at providing execution of powers of persons replacing the state positions of the government, and realization of competence of state bodies;

- the government employee - the citizen of the Republic of Tajikistan holding on professional basis paid state position of public service for the purpose of ensuring execution of powers of persons holding the state positions of the government, and realization of competence of state bodies;

- the political government employee - the government employee whose activities are connected with nation-wide policy and who bears responsibility for realization of domestic and foreign policy of the Republic of Tajikistan;

- the administrative government employee - the government employee whose job responsibilities are aimed at providing execution of powers of persons holding the state positions of the government and political positions of public service, and also realization of competence of state bodies;

- the state official - the designated or elected person performing constantly, temporarily or on special power of function of the representative of the government that is allocated according to the procedure, established by the legislation of the Republic of Tajikistan, administrative powers concerning persons who are not under its office supervision, and is equal person which is carrying out on paid or non-paid basis organizational and administrative, administrative functions in public authorities, public institutions and self-government institutions of settlements and villages and also in the state business entities and other subjects of managing in whom the share of the state constitutes at least a half, and the faces equated to them;

- the register of the state positions - the list of the state positions of the Republic of Tajikistan provided in the staff list of state governing bodies for the purpose of implementation of the government, ensuring execution of powers of persons holding the state positions of the government, and competence of state bodies;

- the register of government employees - the single database and information on the quantitative and high-quality list of government employees of the state apparatus constituted according to the legislation of the Republic of Tajikistan on the basis of data from the biography and about professional activity of the certain government employees carried to the data having the state secret;

- qualification requirements - requirements imposed to citizens in case of acceptance on public service and the government employee for occupation of higher state position of public service for the purpose of determination of professional readiness and compliance of specific state position of public service;

- category of managerial positions of public service the managerial positions of public service which are classified by amount, features and circle of job responsibilities of the administrative government employee;

- job responsibilities - the obligations provided by certain state position and answering to the purposes and tasks of state body, which are carried out by the government employee within the regulations established by the law and regulatory legal acts;

- ethics of the government employee - set of the regulations, the principles and rules of office and off-duty behavior of the government employee expressing moral qualities of its professional activity and the behavior on workplace and in society including the conventional moral human values and moral requirements of society to government employees;

- conflict of interest - the situation when in the course of accomplishment of job responsibilities, the government employee appears under the influence of the private interests owing to what makes the decisions contradicting state interests;

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