PRESIDENTIAL DECREE OF THE KYRGYZ REPUBLIC

of February 24, 2022 unitary enterprise No. 61

About approval of the Regulations on procedure for carrying out rotation of the government civil servants and local government officers of the Kyrgyz Republic

For the purpose of increase in efficiency of the public civil service and municipal service, ensuring succession, stability and independence of professional office activity of citizens of the Kyrgyz Republic in state bodies and local government bodies, according to article 71 of the Constitution of the Kyrgyz Republic, article 20 of the Law of the Kyrgyz Republic "About the public civil service and municipal service" I decide:

1. Approve Regulations on procedure for carrying out rotation of the government civil servants and local government officers of the Kyrgyz Republic according to appendix.

2. To the Cabinet of Ministers of the Kyrgyz Republic in two-month time to bring the decisions into accord with this Decree.

3. To impose control of execution of this Decree on management of control of execution of decisions of the President and the Presidential Administration Cabinet of Ministers of the Kyrgyz Republic.

4. This Decree becomes effective after 7 days from the date of official publication.

Appendix

to the Presidential decree of the Kyrgyz Republic of February 24, 2022 No. 61

Regulations on procedure for carrying out rotation of the government civil servants and local government officers of the Kyrgyz Republic

1. General provisions

1. This Provision determines conditions and procedure for carrying out rotation of the employees holding managerial positions in system of the public civil service and municipal service (further - employees).

2. Rotation - transfer or movement of employees in system of the public civil service and municipal service. Rotation is carried out on condition of compliance of employees to qualification requirements to position to which the employee is translated or moves.

Rotation is carried out: when translating or moving one employee of vacant position; when translating or moving several employees of positions of employees which are translated or move.

3. Rotation is carried out for the purpose of:

1) increases in efficiency of activities of state body, local government body;

2) rational use of potential of employees;

3) increases in career motivation;

4) replacements of vacant position;

5) prevention of conflict of interest and decrease in risk of corruption.

4. Rotation types:

1) in state body;

2) in local government body;

3) between state bodies;

4) between local government bodies;

5) between state body and local government body.

In coordination of state bodies, local government bodies rotation of the government civil servant or local government officer on other type of public service provided by the Law of the Kyrgyz Republic "About the public civil service and municipal service" taking into account compliance to the qualification and other requirements established by the legislation of the Kyrgyz Republic regulating procedure for receipt and passing of the corresponding types of public service is allowed.

2. Procedure for carrying out rotation

5. Rotation is carried out at the initiative of the head of state body, local government body or at the initiative of the employee.

The head of state body, local government body in this Provision is understood also as the authorized officer having the right to appoint to positions and to exempt employees from posts.

The employee has the right to file the written application to the head of state body, local government body about its rotation.

Rotation is carried out on condition of stay of the employee on the last position at least one year, except as specified carrying out rotation for the purpose of prevention of conflict of interest and decrease in risk of corruption and also when rotation is performed at the initiative of the employee.

6. Rotation in state body, local government body is performed by order of (to other administrative document) the head of state body, local government body.

7. Rotation between state bodies, between local government bodies is performed under the joint (interdepartmental) order (other administrative document) of heads of state body, local government body respectively.

8. Rotation between state body and local government body is performed under the joint order (other administrative document) of heads of state body and local government body.

9. The draft of the joint order (other administrative document) prepares state body, local government body, being the initiator of this rotation.

Rotation to positions (or from position) for which the special (out-of-competition) procedure for receipt is established, it is performed on the basis of the conciliatory letter between the officials performing appointment with the subsequent edition each of them of relevant decisions.

10. Rotation of the employees appointed to positions by the head of local public administration (akim) or the mayor is performed from written consent (or on initiative) the head of state body, local government body.

11. Rotation of employees for whom the special (out-of-competition) procedure for receipt, and also the employees holding foster positions on managerial positions which replacement is performed by appointment from reserve of personnel is established is carried out on condition of stay of this employee on the position held by it at least one year.

12. Rotation is carried out to equivalent positions or within one group of positions.

In case of rotation to equivalent or higher position within one group of positions to the employee the salary in accordance with the terms of compensation, determined for position to which rotation is performed is established.

In case of rotation of the employee to subordinate positions the salary of the employee remains on former position before the subsequent reorganization, change of organizational structure in connection with change of obligations and functions and improvements of payment terms of work. Reorganization of organization affects those structural divisions, whose purposes, functions and tasks were changed.

If the salary of the employee on subordinate position to which rotation is performed above the salary on the previous position, the employee is established the salary in accordance with the terms of compensation, determined for position to which rotation is performed.

If rotation of the employee is performed from position which payment terms of work were established on the basis of the contract, to other position which is not entering the list of positions on which the contractual wages system can be installed then the salary of the employee is established in accordance with the terms of compensation, determined for position to which rotation is performed.

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