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LAW OF THE REPUBLIC OF ARMENIA

of March 29, 2018 No. ZR-206

About public service

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

(as amended on 23-07-2019)

Chapter 1. General provisions

Article 1. Subject of regulation of the Law

1. This Law establishes the principles of public service in the Republic of Armenia, requirements to transition to public service, classification of public positions, basic rights and obligations of the public employee, social guarantees, features of positions, system of respectability, are governed the relations connected with declaring of property, the income and interests.

Article 2. Law coverage

1. Operation of this Law extends to bodies of the public power, and also to persons holding public positions and positions of public service.

2. Operation of this Law extends to persons performing civil work only in the cases which are directly provided by this Law.

3. Features of the organization and activities of separate types of public service are established by the relevant laws.

Article 3. Public service, position of public service, public employee

1. The public service is the implementation of the powers assigned to bodies of the public power by the Constitution and the laws of the Republic of Armenia, covering public service, municipal service and public positions.

2. Public service is the professional activity directed to implementation of the powers assigned to state bodies by the legislation of the Republic of Armenia.

3. Public service covers judicial service, civil service, diplomatic service, Customs Service, Tax Service, rescue service, military service (except for the obligatory military service of ordinary structure performed by means of appeal on the obligatory military service established by the law), service in bodies of homeland security, service in polices, criminal and executive service, service of forced execution of court resolutions, service of bailiffs.

4. The public service is the professional activity directed to implementation of the powers assigned to local government bodies by the laws of the Republic of Armenia and decisions of the relevant Council of Elders.

5. The position of public service is the established post which is relying on advantages, characterized by career development, requiring political neutrality and professional activity, provided by the nomenclature of positions provided for separate types of public service or the nomenclature of positions of municipal service.

6. Person holding position of public service, or in the cases and procedure established by the law, being in the corresponding personnel reserve of the public or municipal service, is public employee.

7. Each position of public service has the name most of which precisely reflects the main functions of this position and has no general character.

Chapter 2. Classification of public positions

Article 4. Public positions

1. Public positions are the elective and appointed posts held in result of political processes, discretionary decisions, and also other procedures provided by the law. Persons holding these positions within the powers make the decision in individual or joint procedure, bear responsibility for the decisions made by them if other is not provided by the law.

2. The public position is subdivided into groups: state and municipal.

3. The state positions are subdivided into types: political, administrative, autonomous and conceptual.

Municipal positions are subdivided into types: political, administrative and conceptual.

Article 5. Political positions

1. The political position is the elective or appointed post provided by the Constitution and the laws of the Republic of Armenia, occupying which person is allocated with competence of adoption of political decisions and bears responsibility for these decisions.

2. The state political positions are positions of the President of the republic, deputies of National assembly, the Prime Minister, vice-Prime Ministers, the secretary of National Security council, ministers and their deputies.

3. Municipal political positions are positions of heads of municipalities and their deputies, the member of council of elders of municipality.

4. The relations connected with the principles and procedure for the organization of activities of the officials holding political positions it is established by the Constitution of the Republic of Armenia, other laws of the Republic of Armenia.

5. Person holding political position of the deputy minister and municipal political position of the head of municipality acts in forces of the powers delegated respectively from the minister and the head of municipality and is not allocated with competence of adoption of political decisions under own responsibility.

6. In case of change of the minister or heads of municipality deputies according to the minister or the head of municipality as the acting as, continues to stay in position before new appointment to their position. New position assignment of the deputy minister or head of municipality is made respectively current of month after appointment of the minister, and for the head of municipality - from the date of its assumption of office.

Article 6. Managerial positions

1. The managerial position is appointed post in bodies of municipal authority, occupying which the official provides effective implementation of the powers assigned to this body by the Constitution and the laws of the Republic of Armenia and bears responsibility for implementation of the purposes and tasks following from this position.

2. Person holding managerial position can be also replaced by results of change of ratios of political forces.

3. In case of change of the higher direct head of person holding managerial position, person holding managerial position as the acting as, continues to stay in position before new appointment to its position if other is not provided by the law. New appointment is made within a month after appointment of the higher direct head of person holding managerial position if other is not provided by the law.

4. The state managerial positions are positions of the chief of staff of the President of the republic, his deputies, the chief of staff of National assembly, his deputies, the chief of staff of the Prime Minister, his deputies, the representative of the Republic of Armenia in the European Court of Human Rights, heads of the bodies subordinated to the Government, the Prime Minister and the ministries and their heads, the chief of service of the state protection and his deputies, the head of office of the office of the Prime Minister, governors and their deputies, the head of judicial department, the chief of staff of the Constitutional court, the chief military inspector and his deputy.

5. Municipal managerial positions are positions of the chief architects of Yerevan, Gyumri and Vanadzor, the head of the administrative area of Yerevan and its deputy, the administrative head of the settlement included in structure of municipality from several settlements.

6. Citizens of the Republic of Armenia with the higher education can hold managerial positions.

7. In the cases established by the law the state managerial positions are replaced according to the procedure, established by the law, regulating data type of public service.

8. The chiefs of staff holding managerial positions stay in position before achievement of 65 years.

Article 7. Autonomous positions

1. The autonomous position is appointed or elective office for the certain period established by the Constitution and (or) the law of the Republic of Armenia, occupying which the official within the powers assigned to it by the Constitution and the laws of the Republic of Armenia on joint, and in the cases provided by the law - also individual bases makes decisions on the basis of the principle of independence, in the cases provided by the law coordinates their execution, and also bears responsibility for implementation of the purposes and tasks following from its position.

2. Person holding autonomous position during the tenure is not replaced in case of change of ratio of political forces.

3. Autonomous positions are positions of the Defender of human rights, judges of the Constitutional court, members of independent state bodies, members of autonomous bodies, members of the State statistical Council, judges of Cassation, Appeal courts and Trial Courts, the Attorney-General and prosecutors, heads and deputy managers, investigators of investigating bodies, the head of control and auditing service of Central Election Commission.

4. Citizens of the Republic of Armenia with the higher education can hold autonomous position.

5. Proceeding from features of autonomous positions, for replacement of these positions with the law also other requirements can be established.

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