Document from CIS Legislation database © 2003-2022 SojuzPravoInform LLC

PRESIDENTIAL DECREE OF THE AZERBAIJAN REPUBLIC

of February 5, 2007 No. 522

About approval of Rules of maintaining the personal record of the government employee

(as amended on 24-06-2009)

For the purpose of ensuring maintaining personal records of government employees by single rules and execution of the Presidential decree of the Azerbaijan Republic of June 21, 2006 "About approval of "Rules of maintaining the Register of government employees of the Azerbaijan Republic" I decide No. 420:

1. Approve "Rules of maintaining the personal record of the government employee" it (is applied).

2. Determine that Item 1 of this Decree extends also to the leading employees appointed to position by the President of the Azerbaijan Republic.

3. To the Cabinet of Ministers of the Azerbaijan Republic within 2 months to prepare and provide to the President of the Azerbaijan Republic offers on reduction of the existing regulatory legal acts to compliance with this Decree.

4. To heads of state bodies on which the Law of the Azerbaijan Republic "On public service" expatiates to take necessary measures for the solution of the questions following from this Decree.

5. This Decree becomes effective from the date of signing.

 

President

Azerbaijan Republic Ilham ALIYEV

Approved by the Presidential decree of the Azerbaijan Republic of February 5, 2007 No. 522

Rules of maintaining the personal record of the government employee

I. General rules

1. These rules are prepared according to the Law of the Azerbaijan Republic "About public service", other regulatory legal acts in the sphere of public service and work with personnel and establish rules of collection, processing, storage, use of individual information about the government employee and creation on their basis of the personal record of the government employee.

2. The individual information about the government employee, including the data relating to its personal and office qualities and not being secret of its private and family life cover information on the events which took place in its personal work or life, giving the chance to identify his personality and subject to inclusion based on these rules in its personal record.

3. Work on processing of individual information about the government employee, creation and maintaining its personal record is made for the purpose of compliance with law of the Azerbaijan Republic in the sphere of public service, objective assessment of office activities of the government employee, use of its potential opportunities and accounting of the results achieved by it during the course of performance office debt.

4. During passing by the government employee of public service only one personal record is constituted and processed.

5. The personal record of the government employee joins the individual data concerning it and data on its acceptance on public service, service and the termination of public service.

6. The personal record of the government employee is processed by personnel structure of state body. The personnel structure provides protection of the data which are in the personal record of the government employee including non-admission of their illegal use.

7. The individual information about the government employee turns out personally from him. In case of need of receipt of individual information about the government employee from other sources, the government employee is informed on it in advance, its written consent turns out, and he is informed on probable sources and the purposes of receipt of individual data.

8. Collection, processing of data on political, religious and different views of the government employee, his private life, including membership in labor unions and public associations, and other data which receipt is not allowed by the legislation, and their inclusion in the personal record without the consent of the government employee is forbidden.

9. The government employee has the following rights in connection with protection of the individual data which are stored in its personal record:

9.1. obtain the individual data and information on data processing of data;

9.2. except for stipulated by the legislation cases to get acquainted with the individual data and to receive their copies;

9.3. require exception of the personal record of inexact and incomplete individual data, and also data processed with violation of the law or entering into them of the corresponding corrections and addition into the personal record of the record reflecting its line item concerning the individual data having estimative nature;

9.4. require sending the notice on the changed or corrected data in its personal record to all persons to whom the inexact and incomplete individual information about the government employee was issued before;

9.5. appeal the illegal actions or failure to act connected with processing and storage of individual data in the procedure established by the legislation.

10. The individual data included in the personal record of the government employee, and other data which are in the personal record (except for data which can be published in mass media in the cases established by the legislation) are considered as the data limited in use.

II. Rules of creation and maintaining the personal record

11. As a rule, the personal record of the government employee is constituted in three parts. Documents are sewed in the corresponding parts of the personal record of the government employee according to the procedure of the sequence, pages of the personal record are numbered and according to Appendix 1 to these rules is recorded the documents which are stored in each part.

12. The following documents are sewn to the first part of the personal record of the government employee:

12.1. personal leaf of registration of personnel (Appendix 2);

12.2. if the state body considered necessary, then the curriculum vitae constituted by personnel structure (Appendix 3);

12.3. the application for admission on public service, documents on results of tender for persons accepted on public service on tender;

12.4. copies of official documents about education, copies of official documents about additional education, assignment of academic degrees and scientific ranks;

12.5. copies of the official documents confirming assignment of the state awards (awards and medals), honorary titles, the state awards, military and special ranks;

12.6. data on participation in work of elected bodies;

12.7. the oath of the government employee signed by the government employee.

13. The following documents are sewn to the second part of the personal record of the government employee:

13.1. if the state body considered necessary, then the personal leaf of the government employee constituted by personnel structure (Appendix 4);

13.2. copies of documents on position assignment of public service, about transfer of the government employee to other position of public service, about temporary appointment to other position of public service;

13.3. the original of the employment contract (contract), and also the original of documents on modification and amendments in the employment contract (contract);

13.4. the copy of the document on the termination of public service (about release from position of public service);

13.5. documents on results of assessment of office activities of the government employee;

13.6. the appraisal sheet of the government employee who underwent certification and the office characteristic;

13.7. copies of documents on assignment of qualification degrees;

13.8. copies of documents on inclusion in the list of reserve personnel, and also about exception of the list of reserve personnel;

13.9. copies of documents on application of measures of authority punishment;

13:10. documents on the beginning of office trial and its results;

13:11. documents on giving permission on acquaintance with the data which are the state secret (if execution of post is connected with use of such data).

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