RESOLUTION OF THE CABINET OF MINISTERS OF THE AZERBAIJAN REPUBLIC

of May 29, 2008 No. 123

About approval "Procedure for calculation of length of service to employees of judicial authorities and issues with respect thereto it allowances"

Considering the offers of the Ministry of Justice of the Azerbaijan Republic approved with the Ministry of Finance of the Azerbaijan Republic and the Ministry of Labour and Social Protection of the population of the Azerbaijan Republic, the Cabinet of Ministers of the Azerbaijan Republic decides:

1. Approve "Procedure for calculation of length of service to employees of judicial authorities and issues with respect thereto by it allowances" it (is applied).

2. This resolution becomes effective from the date of signing.

Approved by the Resolution of the Cabinet of Ministers of the Azerbaijan Republic of May 29, 2008, No. 123

Procedure for calculation of length of service to employees of judicial authorities and issues with respect thereto it allowances

I. General provisions

This Procedure is prepared according to the Law of the Azerbaijan Republic "About service in judicial authorities" and regulates questions of calculation of length of service to employees of judicial authorities and issues with respect thereto it allowances.

II. Procedure for calculation of length of service

2.1. The next periods enter the length of service granting the right to employees of judicial authorities on receipt of allowances:

2.1.1. the work period in the position providing special rank in judicial authorities;

2.1.2. the work period in position with the rank which is earlier applied in judicial authorities;

2.1.3. the work period in position when the special rank (rank) in judicial authorities was not applied;

2.1.4. the period of training and probation period in judicial authorities;

2.1.5. the period of discharge of the worker from service on condition of preserving position in judicial authority and the salary;

2.1.6. period of leaves;

2.1.7. the period of finding of workers at the disposal of judicial authorities or their discharge from execution of the office powers;

2.1.8. the education period in educational institutions of the Azerbaijan Republic and foreign states based on the corresponding direction of the judicial authority connected with professional activity;

2.1.9. the periods of employees engagement of judicial authorities to rates of primary preparation, advanced training and retraining.

2.2. Also the periods of their work in the following bodies enter length of service of employees of judicial authorities:

2.2.1. the work period in judgeship and in the managerial positions in the office of court requiring availability of the higher legal education;

2.2.2. the periods of service on positions of the prosecutors specified in the Law of the Azerbaijan Republic "About prosecutor's office";

2.2.3. the periods of service on positions of the private and the commanding structure of law enforcement agencies and... on emergency situations, and also in body of preliminary inquiry of tax offenses of the Ministry of taxes of the Azerbaijan Republic;

2.2.4. the work period in the highest executive and legislature, the Supreme executive bodies, the Soviet and party bodies till October 18, 1991 on the positions connected with activities coordination, legislative or organizational support of law enforcement agencies;

2.2.5. the attraction period on training courses of persons which ended the training courses provided for the candidates for judgeship who however are not offered on judgeship;

2.2.6. the work period in the electoral bodies of workers, elected to these bodies during service in judicial authorities;

2.2.7. the period of active duty in the Army of Azerbaijan and other paramilitary groups created according to the legislation of the Azerbaijan Republic and also Armed Forces of the USSR, the period of service on positions of the officer, ensign, warrant officer and serviceman of extra urgent service.

2.2.8. the service period on the corresponding positions in judicial authorities, other law enforcement agencies and judicial bodies of foreign countries.

2.3. The length of service joins the period not of service in judicial authorities by the worker dismissed from judicial authorities without availability of the bases established by the legislation and subsequently recovered in judicial authorities based on the judgment or the Ministry of Justice of the Azerbaijan Republic or the Ministry of Justice of the Nakhchivan Autonomous Republic, from the date of dismissal from judicial authorities about day of the edition of the reengagement order.

2.4. The length of service joins the periods of the detention, arrest and serving sentence of employees of the judicial authorities having the right to indemnification, caused as a result of mistake or abuse of position of the body performing criminal procedure based on the legislation of the Azerbaijan Republic.

2.5. In case of calculation of length of service for payment of length-of-service allowances in judicial authorities the cases of calculation of length of service specified by regulatory legal acts of the Azerbaijan Republic in judicial authorities, other law enforcement and military agencies on favorable terms are considered.

III. Procedure for calculation and issue of allowances

3.1. The length-of-service allowance is estimated from official pay rate and the allowance for special rank and paid in the following sizes:

* for long service from 1 year to 2 years - 5 percent;

* for long service from 2 to 5 years - 10 percent;

* for long service from 5 to 10 years - 15 percent;

* for long service from 10 to 15 years - 20 percent;

* for long service from 15 to 20 years - 25 percent;

* for long service from 20 to 25 years - 30 percent;

* for long service from 25 to 30 years - 40 percent;

* for long service over 30 years - 50 percent.

3.2. During work in case of temporary combination of positions the allowance is estimated according to official pay rate and rank on the main work.

3.3. In case of increase during calendar month of the size of the allowance, the allowance size for this month is estimated by its increase in proportion to calendar days of month.

The same procedure is applied in case of change within a month of official pay rate and the allowance for special rank of the employee of judicial authority.

3.4. The allowance is considered in case of calculation in stipulated by the legislation procedure for the average monthly salary of the employee of judicial authority.

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