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LAW OF THE AZERBAIJAN REPUBLIC

of May 26, 2006 No. 119-IIIG

About service in judicial authorities

(as amended on 29-03-2019)

This Law establishes procedure and conditions of service in judicial authorities of the Azerbaijan Republic, managements and the organizations, penitentiary service (further - "service in judicial authorities"), bases of legal status of workers of data of bodies.

Chapter I. General provisions

Article 1. Service in judicial authorities

1.1. The service in judicial authorities is special type of public service of the citizens of the Azerbaijan Republic performing powers on stipulated by the legislation activities of the judicial authorities which are a part of the system of law enforcement agencies of the Azerbaijan Republic.

1.2. Service by employees of judicial authorities is based on the principles of activities of judicial authorities, stipulated by the legislation the Azerbaijan Republic. In case of service employees of judicial authorities are guided by requirements of the law and perform the activities within the powers.

Article 2. The legal basis of service in judicial authorities

2.1. The legal basis of service in judicial authorities is constituted by the Constitution of the Azerbaijan Republic, the international agreements which participant is the Azerbaijan Republic, this Law, the Code of execution of punishments of the Azerbaijan Republic, the Laws of the Azerbaijan Republic "About execution", "About executive officials", "About activities of the state judicial examination" and other regulatory legal acts of the Azerbaijan Republic.

2.2. Acceptance on service and service in judicial authorities is regulated by this Law and other legal acts of the Azerbaijan Republic taking into account provisions of the Law of the Azerbaijan Republic "About public service", including article 15-1 of the specified Law, the citizens concerning the right to be accepted on public service, implementation of acceptance on service on tender and based on transparency and other principles of public service, assessment of activities of government employees.

Article 3. Scope of the Law

3.1. This Law extends to the employees of central offices of relevant organs of the executive authority of the Azerbaijan Republic and the Nakhchivan Autonomous Republic entering into structure of relevant organ of the executive authority of the penitentiary services, local, regional structures, educational, scientific managements and managements of judicial examination, health services, publications and structures of other appointment performing the powers and the holding positions providing special ranks established by the legislation of the Azerbaijan Republic.

3.2. The questions of employment relationships which are not provided by this Law and also service of persons occupied on the positions which are not providing special ranks are regulated by the Law of the Azerbaijan Republic "About public service" and the relevant standards of the Labor Code of the Azerbaijan Republic.

3.3. It is excluded.

Chapter II. Acceptance on service in judicial authorities, appointment of workers to position and dismissal

Article 4. Procedure and conditions of acceptance on service in judicial authorities

4.1. The citizens of the Azerbaijan Republic having the professional training meeting the requirements of the corresponding position have rights to serve in judicial authorities irrespective of their race, nationality, religion, language, floor, social origin, property status, the residence, beliefs, belongings to labor unions or other public associations and fluent in state language of the Azerbaijan Republic.

4.2. The persons having double citizenship, having obligations to other states the religious figures, persons recognized based on the judgment which took legal effect incapacitated or it is limited capable, earlier condemned for crime execution and also concerning which criminal proceedings are stopped in the absence of justificatory circumstances, incapable based on the medical certificate to work in judicial authorities owing to physical or mental defects, persons dismissed from bodies of court, prosecutor's office, justice, other law enforcement or other state bodies for the gross misconducts or actions incompatible with service which are earlier allowed in these bodies cannot be employed in judicial authorities.

4.3. The citizens of military age who did not undergo the urgent active duty established by the law (except for having the right of draft deferment to urgent active duty or exempted from appeal on urgent active duty on legal causes), are not employed to the positions in judicial authorities providing special ranks.

4.4. Persons wishing to be employed in judicial authorities file in relevant organ of the executive authority petition of the established form.

4.5. Documents of persons who addressed for acceptance on service to judicial authorities are checked in accordance with the established procedure by relevant organ of the executive authority.

4.6. Reflection in the documents submitted by person who addressed for acceptance on service to judicial authorities, intentionally distorted data is the basis for refusal in acceptance of this person on service or for the termination of passing of service by it.

4.7. The candidates who addressed for acceptance on service in judicial authorities and which documents are accepted undergo tender or interview in public situation with ensuring transparency. As a rule, acceptance of persons to positions, the providing seniors (except for the chief inspector of justice, the colonel of justice and the colonel of health service) and average special ranks is made on competitive basis. Tender consists of qualification examination and interview. Persons which ended the training courses provided for candidates for judgeship, however not offered on judgeship are employed on managerial position in judicial authorities without tender. Acceptance of persons to the positions which are providing the senior and average special ranks and not requiring the higher legal education and also to ordinary positions and positions of younger managerial structure is made based on interview. The procedure for carrying out tender and interview is determined by relevant organ of the executive authority.

The candidates who went tender for acceptance on service to judicial authorities for the first time are involved in compulsory education in educational scientific institution of relevant organ of the executive authority. The candidates who successfully finished this training are employed in judicial authorities.

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