of June 8, 2019 No. 741
About approval of the Regulations on combination of obligations on service in criminal executive system of the Russian Federation
According to part 3 of article 34 of the Federal Law "About service in criminal executive system of the Russian Federation and about introduction of amendments to the Law of the Russian Federation "About the organizations and bodies performing criminal penalties in the form of imprisonment" the Government of the Russian Federation decides:
Approve the enclosed Regulations on combination of obligations on service in criminal executive system of the Russian Federation.
Russian Prime Minister
Approved by the Order of the Government of the Russian Federation of June 8, 2019 No. 741
1. This Provision establishes procedure and conditions of accomplishment by employees of criminal executive system of the Russian Federation (further - the employee) along with accomplishment of obligations on the replaced position in criminal executive system of the Russian Federation (further - criminal executive system) obligations on other position in criminal executive system (further - combination of obligations).
2. Combination of obligations is allowed within Federal Penitentiary Service, territorial authority of Federal Penitentiary Service, the organization performing punishments, the pre-trial detention center, and also other organizations and the organizations entering criminal executive system (further - organizations and bodies of criminal executive system).
3. Combination of obligations is allowed on equivalent or subordinate position in criminal executive system (further - position) on which the obligations similar to obligations on the position replaced by the employee, or on other position are established provided that the employee conforms to qualification requirements on the combined position.
4. Combination of obligations is allowed on vacant and not vacant positions.
5. Combination of obligations on not vacant position is allowed in cases of temporary disability, stay in leave or in business trip, training with separation from accomplishment of service duties, temporary discharge from execution of service duties of the employee replacing this position.
6. Combination of obligations is not allowed:
a) heads (chiefs) and their deputies of all levels;
b) on the positions providing access to data, being the state secret, the employees who do not have the admission to the state secret in the corresponding form;
c) employees on positions on which fulfillment of duties provides safety and protection of organizations and bodies of criminal executive system, observance in them the set mode and convoy of the convicts and persons, suspects and the crimes accused of making who are held in custody;
d) on the positions providing conducting investigation and search operations, the employees who do not have powers on conducting investigation and search operations on the main position;
e) on positions on which fulfillment of duties provides financial responsibility of employees in complete extent of the caused damage;
e) employees on positions in structural divisions on protection of the state mystery of organizations and bodies of criminal executive system, except for combination of obligations by employees of data of divisions;
g) employees in case of subordination or submission to control of positions or in case combination of obligations on position leads to emergence of conflict of interest.
7. Combination of obligations can be performed at the initiative of the employee or the head (chief) with the consent of the employee expressed in writing.
8. Combination of obligations is drawn up by the order of the head (chief) having the right of position assignment.
9. In the order on combination of obligations the amount and content of the obligations assigned to the employee on the combined position, the term (period) for which combination of obligations, and also the amount of additional payment for combination of obligations is established are specified.
10. The general amount of additional payment for combination of obligations during complete calendar month cannot exceed monthly salary according to the combined position, including in case of combination of obligations by two and more employees.
11. The employee has the right to refuse combination of obligations, having warned about it the head (chief) having the right of position assignment, in writing not later than 3 working days before date of the expected termination of combination of obligations.
12. The head (chief) having the right of the position assignment having the right to repeal the order on combination of obligations, having warned about it the employee in writing not later than 3 working days before adoption of the relevant decision.
13. The head (chief) having the right of position assignment shall exempt the employee from combination of obligations in accordance with the established procedure:
a) if combination of obligations entailed deterioration in accomplishment by the employee of obligations on the replaced position or led to emergence of conflict of interest;
b) in case of replacement of vacant position on which the employee combines obligations, other employee;
c) in case of the termination of circumstances, stipulated in Item the 5th this provision;
d) in case of refusal the employee from combination of obligations according to the procedure, stipulated in Item the 11th this provision.
14. The decision on the termination of combination of obligations is drawn up by the order of the head (chief) having the right of position assignment.
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