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LAW OF THE KYRGYZ REPUBLIC

of July 25, 2019 No. 102

About service in law enforcement agencies of the Kyrgyz Republic

Accepted by Jogorku Kenesh of the Kyrgyz Republic on June 20, 2019

This Law determines legal and organizational basis of procedure and conditions of service in law enforcement agencies of the Kyrgyz Republic, legal status (status) and guarantees of social security of law enforcement officers and members of their families, governs the relations connected with revenues to service in law enforcement agencies, its passing and the termination and also procedure for use by law enforcement officers of physical force, special means, weapon, arms and military equipment.

Chapter 1. General provisions

Article 1. The concepts used in this Law

1. For the purposes of this Law the applied terms mean:

1) certification - recurring inspection of professional knowledge, skills of work of the employee, post compliance, and also perspectives of office growth;

2) ammunition - the devices and objects of arms intended for defeat of the purpose, accomplishment of the tasks promoting its defeat, the containing explosive, pyrotechnic or propellant powder or their combination;

3) military equipment - set of all technical means which are used for causing damage to the opponent during fight and is part of military equipment, includes weapon and its carriers;

4) arms - the means intended for defeat of manpower, arms, military equipment, constructions and other objects of the opponent, components and components of these means, and also complexes of the managing systems providing their application;

5) rest time - time during which law enforcement officers are free from accomplishment of service duties;

6) disciplinary responsibility - one of forms of legal impact on the employees who are breaking office discipline and made minor offense;

7) minor offense - illegal non-execution or improper execution by the employee of the service duties assigned to it, and non-compliance by the established this Law and other regulatory legal acts of the Kyrgyz Republic of the restrictions and prohibitions connected with stay of the employee on service in law enforcement agency is equal if the deeds does not form structure of violation, offense or crime;

8) the candidate - person applying for revenues to service in law enforcement agency;

9) the contract - the written agreement signed between law enforcement agency and the employee in whom the rights and obligations of the Parties are established;

10) irregular working hours - specific mode of work according to which the employee according to the written decision of the head of law enforcement agency or the authorized head is involved in accomplishment of the service duties outside the normal duration of working hours in case of which the head records records of irregular working hours;

11) the normal duration of working hours - period of time during which the employee according to regulations shall carry out the service duties;

12) transfer of the employee - release of the employee from post in law enforcement agency with simultaneous position assignment in other law enforcement agency without the termination of service in law enforcement agencies;

13) movement - change of official capacity and functional obligations of the employee within one law enforcement agency;

14) make-shifts - any objects, mechanisms and substances applied by employees who are within reach, but at the same time weapon and special means are not;

15) law enforcement agencies - authorized state body in the field of internal affairs, authorized state body in the field of fight against economic crimes, authorized state body in the field of execution of punishments, authorized state body in the field of customs affairs, and also authorized state body in the field of homeland security and authorized state body in the field of implementation of supervision of execution of the laws which realize separate law-enforcement functions;

16) posting - the direction of the employee for substitution of positions in other state bodies and the international organizations with leaving in personnel of law enforcement agency;

17) the offense discrediting law enforcement agency - the act recognized discrediting law enforcement agency, provided by the Disciplinary charter of law enforcement agencies approved by the Government of the Kyrgyz Republic;

18) reserve of personnel - group of the candidates who underwent initial special training in educational institutions of the Kyrgyz Republic and foreign states in the program of training of the law enforcement officers applying for holding the posts in law enforcement agencies;

19) reserve of personnel on promotion - group of the selected law enforcement officers capable to management activity who are meeting requirements imposed to this or that category of position had target qualification training and recommended for substitution of executive positions;

20) rotation - the planned movement of the employee performed for the purpose of optimum use of personnel capacity of law enforcement agency for the benefit of service;

21) office discipline - strict and strict observance by the employee of law enforcement agency of service duties according to this Law and the Disciplinary charter of law enforcement agencies;

22) service duties - the official functions obligatory established by regulatory legal acts of the Kyrgyz Republic and departmental acts of law enforcement agency for execution by the employee of law enforcement agency;

23) the office job specification - the organizational structure combining the staff of law enforcement agency appointed for accomplishment of certain operational and office task;

24) the employee - the citizen of the Kyrgyz Republic employed in law enforcement agencies and who assumed the rights and obligations, the restrictions and prohibitions established by this Law to which in the procedure established by this Law the special rank is given;

25) special check - complex of actions for collection and check of the materials and data concerning the candidate which are carried out by law enforcement agencies;

26) special means - technical products (devices, objects, substances), office animals, special transport and the equipment whose basic purpose is rendering direct forced physical (psychological) impact per capita or on any material objects protection of employees against defeat by different objects, including from weapon, and also identification of the persons who are committing or committed crimes, offenses or violations;

27) service weapon - the weapon assigned according to the sheet and regulations of polozhennost to the employee of law enforcement agency to whom this Law and other regulatory legal acts of the Kyrgyz Republic storage, carrying and use of the specified weapon for the purpose of accomplishment of the service duties assigned to it and self-defense is authorized;

28) the authorized head - the deputy manager of law enforcement agency, the head (chief) of structural, territorial authority, structural division of territorial authority of law enforcement agency or other head (chief) of division given in accordance with the established procedure the head of law enforcement agency authority on implementation of certain functions;

29) physical force - forced impact which is based on use of muscular force and individual physical capacities of the specific employee consists in its introduction in direct physical (corporal) contact with object of impact (the person, animal, objects, substances, mechanisms, devices) and can be followed by causing pain, harm to health or death to people and animals, damage or destruction of objects, devices, mechanisms, temporary withdrawal of objects, substances, devices and mechanisms;

30) members of the family of employees - jointly living or conducting general economy of the spouse (spouses), married (consisting) in registered with, the spouse (spouse) who is married (consisting) in registered with (died) employee on the date of his death (death), the children including adopted (adopted), the parents and persons who are (being) on the complete content of the employee (dismissed from service in law enforcement agencies) or receiving (receiving) from it the help, which is (was) for them the permanent and main source of means of livelihood, and also other persons, recognized as dependents according to the procedure established by the legislation of the Kyrgyz Republic in the field of regulation of the family relations;

31) transfer to the reserve - dismissal of law enforcement officers from service and their content on military accounting in military commissariats before achievement of age limit of stay by them on service in law enforcement agencies;

32) retiring - dismissal of the law enforcement officer from service on reaching age limit of stay on service in law enforcement agencies without transfer to inventory.

2. The concept and types of weapon are determined by the Law of the Kyrgyz Republic "About weapon".

Article 2. Coverage of this Law

1. Operation of this Law extends to the persons serving in law enforcement agencies of the Kyrgyz Republic, except for persons, serving in bodies of prosecutor's office and homeland security for which the legislation establishes other procedure for service.

2. Provisions of the Law of the Kyrgyz Republic "About the public civil service and municipal service" extend to employees in the part which is not settled by this Law.

3. This Law extends to persons replacing political positions in law enforcement agencies, in the part which is not contradicting the legislation of the Kyrgyz Republic regulating their legal status.

4. Operation of this Law does not extend to the military personnel serving in authorized state body in the field of execution of punishments and authorized state body in the field of the internal affairs, except as specified, provided by this Law.

Article 3. The legal basis of service in law enforcement agencies

The legal basis of service in law enforcement agencies are the Constitution of the Kyrgyz Republic, this Law and other regulatory legal acts, and also the international agreements which came in the procedure established by the law into force which participant is the Kyrgyz Republic.

Article 4. The principles of service in law enforcement agencies

The service in law enforcement agencies of the Kyrgyz Republic is based on the following principles:

1) legality;

2) uniform approach to the organization of service in law enforcement agencies;

3) equal access for citizens to service in law enforcement agencies and job developments;

4) one-man management and subordination (subordination);

5) prohibition on participation in activities of the political parties and other public associations pursuing political goals and also the religious organizations;

6) professionalism and competence of employees;

7) interrelations of restrictions, obligations, prohibitions, responsibility on service in law enforcement agencies and social guarantees for employees and members of their families.

Chapter 2. Legal status of the employee of law enforcement agency

Article 5. Status of the employee of law enforcement agency

1. The status of the employee of law enforcement agency (further - the employee) represents set established by this Law and other regulatory legal acts of the rights and obligations guaranteed by the state.

2. The status of the employee assumes establishment of high requirements to the personality, qualification and behavior, increase in responsibility for improper execution of powers.

3. The status of the employee arises from the date of revenues to service and stops from the date of dismissal.

4. The employee is the representative of the government and is under protection of the state. Nobody except bodies and the officials who are directly authorized on that by the law having the right to interfere with its office activities.

5. Features of the status of the employee serving in the conditions of warlike, emergency state or other crisis situation are regulated by the corresponding regulatory legal acts of the Kyrgyz Republic.

6. Nobody has the right to deprive of the employee and members of his family of any rights and freedoms or to limit them in the rights and freedoms precisely according to the Constitution of the Kyrgyz Republic and the laws of the Kyrgyz Republic.

7. Legal requirements of the employee in case of execution of service duties by him are obligatory for execution by all citizens and officials.

8. Disobedience to legal requirements of the employee, the insult, resistance, threat, violence or infringement of his life, health and property, and also other actions interfering accomplishment of the service duties assigned to it attract the responsibility established by the legislation of the Kyrgyz Republic for violations, offenses, crimes.

9. In case of execution by the employee of service duties its drive and detention, and also personal inspection and examination of its things, the personal and used by it transport without representative of law enforcement agency in whom it serves is not allowed, except cases when it is overtaken on site crime execution or offense or it is accused of their making.

Article 6. Employee's rights

1. The employee has the right:

1) on the state protection of life and his health and members of his family, and also the property belonging to it;

2) on the state provision of pensions;

3) on medical support;

4) on providing with its premises and members of his family;

5) on rest;

6) on cash allowance;

7) on protection of its personal data;

8) on job development in law enforcement agencies taking into account results of its office activities, service length, skill level and professional education;

9) on education, additional professional education, increase in professional training, qualification and retraining, and also on development and enhancement of physical fitness;

10) on carrying out on its initiative of office investigation;

11) on the address to officials, higher according to the procedure of subordination, in higher bodies or court for protection of the rights and legitimate interests, and also for the dispute resolution, connected with service in law enforcement agencies;

12) on proper organizational and technical and sanitary and hygienic conditions taking into account features of service in law enforcement agency for accomplishment of service duties and professional development;

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