LAW OF TURKMENISTAN

of June 12, 1997 No. 226-1

About service in the Office of state bodies

This Law determines legal and organizational basis of service in the office of state bodies.

Chapter I General provisions

Article 1. Concept of the office of state bodies

The office of state bodies is set of the auxiliary structural divisions and workers providing activities of the President of Turkmenistan, Majlis of Turkmenistan, the Cabinet of Ministers of Turkmenistan, others central and local executive bodies and management, local government bodies, courts and prosecutor's offices.

Deputies of Majlis, Gengesha's members, judges, and also prosecutors appointed by the President of Turkmenistan, heads central and local executive bodies and management do not enter the office of state bodies.

Article 2. Service in the office of state bodies

The service in the office of state bodies (further - service in the state apparatus) is type of the labor activity performed by citizens on professional basis in the office of state bodies with payment of their work at the expense of means of the government or local budget.

Article 3. Employees of the office of state bodies

Employees of the office of state body (further - employees of state machinery) are the citizens of Turkmenistan who are carrying out powers on the position which is directly connected with execution by this body of the functions assigned to it and specified in the Register of positions of employees of state machinery.

Workers whose work is connected with accomplishment of support and technical functions are not employees of state machinery.

Article 4. The legislation on service in the state apparatus

The legislation on service in the state apparatus is based on the Constitution of Turkmenistan and consists of this Law and other regulatory legal acts.

Features of service in the office of separate state bodies are established by the corresponding legal acts.

Operation of the legislation of Turkmenistan on work extends to employees of state machinery.

Article 5. The right to service in the state apparatus

In the state apparatus the citizens of Turkmenistan who reached 18-year age irrespective of social and property status, racial and national identity, floor, the relation to religion, political convictions have the right to service.

Foreign citizens of the stateless person can be involved in the office of state bodies as specialists, consultants and experts.

Article 6. The principles of service in the state apparatus

The service in the state apparatus is based on the following basic principles:

a) rule of the Constitution of Turkmenistan and laws of Turkmenistan;

b) priority of rights and freedoms of man and citizen;

c) unities of system of the government;

d) obligation for employees of state machinery of the decisions made by higher state bodies and officials within their powers and according to the legislation of Turkmenistan;

e) separations of legislative, executive and judicial authority;

e) unities of the main requirements imposed to service in the state apparatus;

g) equal access for citizens to service in the state apparatus according to their capabilities and professional training;

h) publicity in implementation of service in the state apparatus;

i) responsibility of employees of state machinery for non-execution or improper execution of the job responsibilities;

j) independence of service in the state apparatus from decisions of the social and political and religious organizations;

k) stability and succession of personnel of employees of state machinery;

l) legal, economic and social security of employees of state machinery.

Chapter II Requirements imposed to employees of state machinery. Obligations and rights of employees of state machinery

Article 7. Requirements imposed to employees of state machinery

Requirements imposed to employees of state machinery are:

a) protection of sovereignty, political and economic interests of the state;

b) patriotism, respect for national customs and traditions of the Turkmen people;

c) professionalism and competence;

d) responsibility for the charged case;

e) ensuring effective work and accomplishment of tasks of state bodies according to their competence;

e) initiative, ability to make the decision;

g) respect for citizens, respect for high culture of communication;

h) modesty, honesty, capability really and critically to estimate results of the work.

Article 8. Obligations of the serving state apparatus

Employees of state machinery shall:

a) observe the Constitution and the laws of Turkmenistan;

b) perform acts of the President of Turkmenistan, the Cabinet of Ministers of Turkmenistan;

c) execute orders, orders of heads published by them within their powers; perform tasks and orders of officials, higher according to the procedure of subordination;

d) to honesty fulfill the job responsibilities;

e) observe the rights and legitimate interests of citizens, in the cases established by the law and procedure to provide to citizens information on the work;

e) keep the state and protected by the law other secret, and also not disclose the private life which became to it known in connection with execution of job responsibilities of the data, mentioning, honor and advantage of citizens;

g) improve the skills;

h) observe office ethics.

Article 9. Rights of employees of state machinery

Employees of state machinery have the right:

a) on acquaintance with the documents determining its rights and obligations by post, work quality criterions and also on the organizational specifications necessary for execution of job responsibilities by it;

b) on obtaining in accordance with the established procedure information and the materials necessary for execution of job responsibilities;

c) on acquaintance with all materials of the personal record and other documents before their entering into the personal record, attaching to the personal record of the explanations;

d) on retraining (retraining) and advanced training by budget funds.

Chapter III of the Basis of the organization of service in the state apparatus

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