RESOLUTION OF THE CABINET OF MINISTERS OF THE KYRGYZ REPUBLIC

of May 16, 2022 No. 252

About some questions in the sphere of the public civil service and municipal service

According to Articles 26, 34 Laws of the Kyrgyz Republic "About the public civil service and municipal service", articles 13, of the 17th constitutional Law of the Kyrgyz Republic "About the Cabinet of Ministers of the Kyrgyz Republic" the Cabinet of Ministers of the Kyrgyz Republic decides:

1. Approve:

- Procedure for maintaining the database of the government civil and local government officers who caused material damage to the state according to appendix 1;

- Procedure for forming, maintaining, change and amendment of the Register of persons dismissed from the public civil service and municipal service on the negative bases according to appendix 2.

2. Bring in the resolution of the Cabinet of Ministers of the Kyrgyz Republic "About questions of the State agency on cases of public service and local self-government under the Cabinet of Ministers of the Kyrgyz Republic" of November 15, 2021 No. 258 the following change:

in Regulations on the State agency on cases of public service and local self-government under the Cabinet of Ministers of the Kyrgyz Republic approved by the above-stated resolution:

- to declare the paragraph of the sixth of the subitem 2 of Item 8 invalid.

3. Recognize invalid:

1) the order of the Government of the Kyrgyz Republic "About approval of the Procedure for forming, maintaining, change and amendment of the Register of the faces exempted from the public civil service and municipal service on the negative bases" of December 30, 2013 No. 714;

2) the order of the Government of the Kyrgyz Republic "About entering of amendments and changes into the order of the Government of the Kyrgyz Republic "About approval of the Procedure for forming, maintaining, change and amendment of the Register of the faces exempted from the public and municipal service on the negative bases" of December 30, 2013 No. 714" of October 13, 2016 No. 542;

3) the order of the Government of the Kyrgyz Republic "About questions of ensuring compliance with the legislation in the sphere of the public civil service and municipal service" of December 14, 2016 No. 674;

4) paragraphs two and the sixth Item 1 of the order of the Government of the Kyrgyz Republic "About questions of the organization of the public civil service and municipal service" of December 29, 2016 No. 706;

5) Item of 1 appendix to the order of the Government of the Kyrgyz Republic "About modification of some decisions of the Government of the Kyrgyz Republic in the sphere of the public civil service and municipal service" of December 6, 2018 No. 568.

4. This resolution becomes effective after seven days from the date of official publication.

Appendix 1

to the Resolution of the Cabinet of Ministers of the Kyrgyz Republic of May 16, 2022 No. 252

Procedure for maintaining the database of the government civil and local government officers who caused material damage to the state

1. General provisions

1. This Procedure determines bases of forming and maintaining the database of the government civil and local government officers of the state bodies and local government bodies of the Kyrgyz Republic which caused material damage to the state (further - the database) and compensations of material damage.

2. The purpose of forming and application of the database is collection and generalization of information about the government civil and local government officers who caused material damage to the state (further - employees).

3. The authorized state body for public service and municipal service (further - authorized state body) creates the database in electronic format on the basis of the information provided by state bodies and local government bodies.

4. The structure of the database is determined by authorized state body.

2. Procedure for maintaining the database of the employees who caused material damage to the state

5. State bodies (further - state agencies), local government bodies (further - OMSU) represent to authorized state body in paper and electronic forms (in the presence) data about:

- employees as a result of whose illegal actions (failure to act) in case of execution of ex-officio full powers by them cause material loss to the third parties which is indemnified by this state agency or OMSU;

- to the amount of the material damage caused as a result of illegal actions (failure to act) of employees in case of execution of ex-officio full powers by them and compensated by this state agency or OMSU;

- presentation of the return requirements (regress) to person which directly makes wrongful acts.

6. The format of provision of the data specified in Item 5 of this Procedure is determined by authorized state body.

7. In case of failure to provide by state agencies and OMSU of the data specified in Item 5 of this Procedure, or their untimely provision authorized state body informs on it higher state agency or OMSU.

8. The authorized state body within 10 days after receipt of the data specified in Item 5 of this Procedure brings them in the database which are subject to storage within 3 years.

In case of the receipt by authorized state body of information on payment to employees to state agency or OMSU of the amount of damage compensated by this state agency or OMSU, the authorized state body within 10 days from the date of receipt of the specified information excludes the information about the employee from the database.

9. The authorized state body at the request of legal entities and physical persons represents the data interesting them containing in the database in paper format.

Appendix 2

to the Resolution of the Cabinet of Ministers of the Kyrgyz Republic of May 16, 2022 No. 252

Procedure for forming, maintaining, change and amendment of the Register of persons dismissed from the public civil service and municipal service on the negative bases

1. General provisions

1. This Procedure determines rules of forming, maintaining, change and amendment of the Register of persons dismissed from the public civil service and municipal service on the negative bases (further - the Register).

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