LAW OF THE REPUBLIC OF ARMENIA

of March 29, 2018 No. ZR-205

About civil service

Accepted by National Assembly of the Republic of Armenia on March 23, 2018

Chapter 1. General provisions

Article 1. Subject of regulation of the Law

1. This Law governs the relations connected with the organization of civil service, classification of positions of civil service, replenishment of positions of civil service, performance assessment, retraining of government employees, legal status, dismissal, the termination of service of the government employee and also other relations connected with civil service as separate type of public service.

Article 2. Subject of regulation of the Law

1. Operation of this Law extends to the faces holding the position provided by the nomenclature of positions civil employees in bodies of legislative, executive, judicial authority, the office of the President of the republic, prosecutor's office, investigating authorities, independent state bodies, autonomous bodies, the device of the Defender of human rights, and also state bodies subordinated to the Government, the Prime Minister and the ministries (further - relevant organ).

2. In the bodies provided by part of 1 this Article, the relations of public service are governed by this Law if other laws do not establish features.

3. The position of public service is considered having feature if it does not join in the nomenclature of positions of civil service.

Article 3. Legal acts of the Republic of Armenia about civil service

1. The relations connected with civil service are regulated by the Constitution of the Republic of Armenia, this Law, the Law of the Republic of Armenia "About public service", the Law of the Republic of Armenia "About remuneration of persons holding the state positions and positions of civil service", the orders of the Government, the Prime Minister and the vice-Prime Minister coordinating civil service (further - the coordinating vice-Prime Minister), and also other legal acts.

2. The civil service will be organized on the basis of the principles, the stipulated in Clause 12 Laws of the Republic of Armenia "About public service".

3. The relations on basic rights and obligations, social guarantees, system of discipline of civil servants and other relations following from these precepts of law which are necessary for civil servants are regulated by the Law of the Republic of Armenia "About public service".

The conditions and procedures connected with implementation of the rights of the citizens passing to civil service, following from this Law, are accepted by the Government, and features of the organization of service are established by the coordinating vice-Prime Minister.

Article 4. The basic concepts used in the Law

1. In this Law the following basic concepts are used:

1) civil service - the professional activity which is relying on advantages, characterized by career development, requiring political neutrality, performed in the relevant organs specified regarding 1 article 2 of this Law for the purpose of implementation of the powers assigned to these bodies by the legislation of the Republic of Armenia;

2) position of civil service - the established post localized in the management system requiring the rights and obligations following from the legal acts and tasks establishing the competence of relevant organ, professional knowledge and competences provided by the nomenclature of positions of civil servants;

3) the nomenclature of positions of civil service - the list of all positions of civil service created according to the procedure, the stipulated in Clause 5 these Laws;

4) the civil servant - the citizen of the Republic of Armenia who according to the procedure, established by this Law, holds position of civil service and performs the professional activity allocated for this position or is registered in personnel reserve of civil service and is rewarded from the government budget of the Republic of Armenia;

5) the passport of position of civil service (the description of workplace) - the document describing functions, the rights and obligations, contacts and accountability of the civil servant following from legal acts and tasks, establishing competence of relevant organ, and providing the professional knowledge and competences necessary for effective implementation of these functions, providing localization in management system, approved according to the procedure, established by this Law;

6) retraining of civil servants - consecutive and continual improvement of professional knowledge and competences of civil servants;

7) personnel reserve of civil service - the register in which in cases and according to the procedure, established by this Law, civil servants, except for the civil servants holding position according to the terminal employment contract are registered, dismissed civil service;

8) the trainee - person registered for acquisition of work experience in state bodies according to the procedure, established by part 6 of article 31 of this Law;

9) the organizer concerning discipline - the civil servant of division of personnel management in which passport of position the rights and obligations as regards requirements of discipline of the civil servant are affirmed;

10) competence - the set of knowledge, capabilities, skills and discipline necessary for effective implementation of the functions provided by the passport of position;

11) professional knowledge - the set of data, concepts, thoughts, facts and circumstances necessary for effective implementation of the functions provided by the passport of position;

12) equivalent position - the position of civil service included in one subgroup of the corresponding group of position of civil service in the nomenclature of positions of civil service;

13) office investigation - studying of the questions relating to service duties and (or) discipline of the civil servant and (or) his activities and (or) connected with employment relationships;

14) the information platform of civil service - the electronic program managed by office of civil service of the office of the Prime Minister (further - office of civil service;

15) professional working life - the working life corresponding graduated and if this passport of position provides the highest professional educations - the qualification specified in the document testimonial of this education. The professional working life includes the period worked after receipt of the corresponding profession;

16) temporary vacant position - position, vacant for certain term on the bases provided by part 1 of article 13 of this Law.

Chapter 2. Passport of position (description of workplace) and nomenclature of positions of civil service, classification of positions

Article 5. Approval (change) of the passport of position (description of workplace) and nomenclature of positions of civil service

1. The passport of position (the description of workplace) of civil service is established, proceeding from the professional requirements imposed to this managerial level, caused by the tasks set for relevant organ the legal acts establishing its competence. Each position of civil service has the name most of which precisely reflects the main functions of position of civil service and has no general character.

2. Passports of position of civil service as relevant organs affirm the principal secretary of this body, and as Auditor chamber - Auditor chamber.

3. Change of the passport of position of civil service is not the basis for dismissal of civil service or the termination of service, except for parts 1 of article 23 of this Law.

4. The nomenclature of positions of civil service is kept by relevant organs on the information platform of civil service. The nomenclature of positions of civil service is public for acquaintance.

5. Within a month from the moment of emergence of the legal basis for modification and amendments of the nomenclature of positions of civil service the principal secretary of relevant organ (except for the secretary general of Auditor chamber) represents to office of civil service the offer constituted according to the approved methodology and proved by documents together with passports of positions of civil service.

6. Within three working days after receipt of consent of office of civil service on inclusion (exception) of position in the nomenclature of positions of civil service the position joins (is excluded) in the information platform of civil service, and the passport of position except for of passports of the positions approved by Auditor chamber affirms.

6.1. The secretary general of Auditor chamber represents for data to the office of public service the list of names of positions of civil service of Auditor chamber and the passport of positions after approval by Auditor chamber.

7. The methodology of assessment, classification, names of position of civil service, placement affirms as general system of positions, rights and obligations, maintaining the nomenclature, and also establishment of requirements imposed to the civil servant for replacement of this position of civil service from the point of view of ownership of professional knowledge and competences the coordinating vice-Prime Minister.

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