RESOLUTION OF THE CABINET OF MINISTERS OF THE KYRGYZ REPUBLIC

of May 2, 2023 No. 238

About approval of the Instruction about procedure and conditions of payment to citizens which work is connected with the state secrets, the percentage allowance to official pay rates

For the purpose of providing conditions for protection of the state secrets, according to article 24 of the Law of the Kyrgyz Republic "About protection of the state secrets of the Kyrgyz Republic", 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 the Instruction about procedure and conditions of payment to citizens which work is connected with the state secrets, the percentage allowance to official pay rates according to appendix.

2. Recognize invalid:

1) the order of the Government of the Kyrgyz Republic "About approval of the Instruction about procedure and conditions of payment of the percentage allowance to official pay rates for confidential kind of work and confidential clerical work" of March 28, 2006 No. 207;

2) the order of the Government of the Kyrgyz Republic "About modification of the order of the Government of the Kyrgyz Republic "About approval of the Instruction about procedure and conditions of payment of the percentage allowance to official pay rates for confidential kind of work and confidential clerical work" of March 28, 2006 No. 207" of March 4, 2014 No. 116.

3. This resolution becomes effective from the date of official publication.

Appendix

to the Resolution of the Cabinet of Ministers of the Kyrgyz Republic of May 2, 2023 No. 238

The instruction about procedure and conditions of payment to citizens which work is connected with the state secrets, the percentage allowance to official pay rates

Chapter 1. General provisions

1. The instruction about procedure and conditions of payment to citizens which work is connected with the state secrets for the percentage allowance to official pay rates (further - the Instruction) determines payment procedure and establishments of the size of monthly percentage allowances (further - the allowance) to official (tariff) pay rate for the citizens working at permanent basis with the data constituting the state secrets.

Officials and workers which in accordance with the established procedure draws up the corresponding admission to the state secrets based on the approved nomenclature of positions of the workers who are subject to the admission to the state secrets (further - the Nomenclature of positions) and for which the specified data are necessary for accomplishment of the service duties assigned to them are considered as the citizens working at permanent basis with the data constituting the state secrets.

Structural divisions on protection of the state secrets of state bodies, local government bodies and organizations - independent divisions (responsible persons) providing protection of the data constituting the state secrets according to the tasks assigned to them and within the competence.

Chapter 2. Conditions of payment of the allowance

2. To the officials and workers allowed to the state secrets allowances to official pay rate depending on degree of privacy of data to which these officials and workers have the admission which is drawn up in accordance with the established procedure to the state secrets in the following sizes are established:

1) the first and second form of the admission (degree of privacy of data of "special importance" and "top secret") - 25 percent;

2) the third form of the admission (degree of privacy of data "confidentially") - 15 percent.

3. Percentage allowances are established by the head of state body, local government body and organization based on the report (service record) prepared by structural division on protection of the state secrets of state body, local government body and organization. The specified allowances shall not exceed percentage allowances, stipulated in Item the 2nd this Instruction.

Chapter 3. Allowance payment procedure

4. The report (service record) prepares addressed to the head of state body, local government body or the organization, with application of the list of the workers allowed to the state secrets with indication of surname, name, middle names of the official or the worker, the replaced position, form of the admission and the specific size of the established allowance as a percentage. Lists are created based on the nomenclature of positions of the workers who are subject to registration on the admission to special importance, absolutely classified and classified information.

5. To persons holding separate state political positions (except for the President of the Kyrgyz Republic, Toraga of Jogorku Kenesh of the Kyrgyz Republic, the Chairman of the Cabinet of Ministers of the Kyrgyz Republic) and separate special state positions which are allowed to the state secrets in the special procedure determined by article 16 of the Law of the Kyrgyz Republic "About protection of the state secrets of the Kyrgyz Republic" the allowance is established proceeding from the highest degree of privacy of the performed works and the actual awareness in the data constituting the state secrets for execution of the powers and job responsibilities.

Positions of specified persons join in lists, stipulated in Item 6, their works (service) constituted by the relevant structural divisions on protection of the state secrets in the place.

6. The report (service record) prepares at least once a year. After approval of the report (service record) the division on protection of the state secrets prepares the draft of the order (the order, the decision) about establishment of the percentage allowance. In the order (the order, the decision) the surname, name, middle name of the official or worker, the replaced position, admission form, the size of the established allowance as a percentage is entered. After the publication of the order (the order, the decision) the statement from it is transferred to financial division of state body, local government body or the organization.

7. Allowances are paid to the officials and workers allowed to the state secrets from the date of the publication of the relevant order (orders, the decision) on establishment of the allowance.

Structural divisions on protection of the state secrets can make additions and changes to the order (the order, the decision) as required, including in connection with changes in the staff list and/or in the nomenclature of positions of the workers who are subject to execution of the admission to the state secrets.

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