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LAW OF THE REPUBLIC OF ARMENIA

of March 29, 2018 No. ZR-206

About public service

(as amended on 08-11-2024)

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 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, interests and expenses, and also another provided by this Law.

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, and in case of the legal adjustments connected with declaring – also persons having the obligation on submission of the declaration established by the legislation.

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 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, service in Anti-corruption committee, service in Service of foreign intelligence, criminal and executive service, service of probation, service of forced execution, service of bailiffs, service of ecopatrol.

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, political restraint 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, except for positions of deputy managers of the state authorized body in the sphere of defense which in the case established by the law can also be position of the public service established by part 3 of article 3 of this Law which is engaged according to the procedure, established by the law regulating this type of public service.

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 deputy 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, except for the deputy managers of the state authorized body in the sphere of defense holding the position of public service established by part 3 of article 3 of this Law who act also on the basis of the powers established by the law.

6. In case of change of the minister or heads of municipality deputy ministers or heads of municipality respectively are temporary officials, except for deputy heads of the state authorized body in the field of defense, holding the position of public service determined by part 3 of article 3 of this Law continue to hold position before the leaving of the position, appointment to new appointment or the expirations established by this part for appointment new appointment (reassignment). New position assignment of the minister or deputy head of municipality is made respectively within one month from the date of appointment of the minister, and the head of municipality - from the date of assumption of office.

6.1. In time, provided by part 6 of this Article, the acting as is renominated to the position without dismissal or relieved of the post in case of new appointment. In case of non-compliance with new appointment or reassignment in the specified time, the acting as is relieved of the post based on the individual legal act adopted by person having the right to appoint and dismiss.

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 chief (the direct head) of person holding managerial position, person holding managerial position as the temporary official continues to hold position until new appointment to its position or the terminations of term of new appointment (reassignment) established by this part if other is not provided by the law. New appointment is made within one month after appointment of the chief (the direct head) of person holding managerial position if other is not established by the law.

3.1. In time, provided by part 3 of this Article, the acting as is renominated to the position without dismissal or relieved of the post in case of new appointment. In case of non-compliance with new appointment or reassignment in the specified time, the acting as is relieved of the post based on the individual legal act adopted by person having the right to appoint and dismiss.

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 for the international legal issues, heads of the bodies subordinated to the Government, the Prime Minister and the ministries and their heads, 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 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, except for the executive head of the settlement having less than 1000 registered inhabitants 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 Council of statistics, 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.

Article 8. Conceptual positions

1. The conceptual position is appointed post, occupying which person within the powers assigned to it performs recommendations of the direct head and bears responsibility for execution of these recommendations.

2. Person holding discretionary position in case of change of his direct head continues to hold position until new appointment to its position or before the expiration of new appointment (reassignment). New appointment to discretionary position is made within one month from the date of appointment of the direct head of person holding discretionary position.

2.1. Person holding discretionary position in time, provided by part 2 of this Article, is renominated to the position without dismissal or relieved of the post in case of new appointment. In case of non-compliance with new appointment or reassignment in the specified time person holding discretionary position is relieved of the post based on the individual legal act adopted by person having the right to appoint to position and to dismiss.

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