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of July 4, 2008 No. 158

About the state position and the status of the government employee

(The last edition from 05-07-2019)

The parliament adopts this organic law.

This law shifts Items (a), (b) and (d) of part (1) Article 3 of the Directive 2000/43/EU of Council of June 29, 2000 about ensuring accomplishment of the principle of equality of persons irrespective of their racial or ethnic origin published in the Official magazine of the European communities L 180 of July 19, 2000.

Chapter I. General provisions

Article 1. Subject and purpose of the law

(1) This law regulates general regime of the state position, the status of the government employee, legal relationship of government employees with bodies of the public power (further - the office relations), and also other relations following from them.

(2) the Purpose of this law is ensuring execution of stable, professional, impartial, transparent and effective public service for the benefit of society and the state.

Article 2. Basic concepts

For the purpose of this law the following concepts are used:

public service - the activities in public concerns organized and performed by body of the public power;

body of the public power - any organizational structure or body functioning in the mode of the public power for the purpose of realization of public concerns founded by the law or other regulation;

the state position - set of the powers and obligations established on the basis of the law for the purpose of implementation of prerogatives of the public power;

the government employee - the physical person appointed according to this law to the state position;

responsible state position - the state position held owing to the mandate received directly - as a result of organized elections, or indirectly - by appointment according to the law;

vacant state position the - not replaced, free state position;

temporarily vacant state position - the state position with which owner the office relations are suspended or the owner of which is recalled or, on circumstances, provides temporary execution of the leading state position;

management of the state position and government employees - set of deyatelnost on implementation of procedures of planning of human resources, transfers, professional development, compensation and assessment of professional achievements of government employees, and also others the politician and procedures in the field of the personnel directed to optimum realization of role and strategic objectives of body of the public power.

Article 3. The activities assuming realization of prerogatives of the public power

The activities performed by government employees, assuming realization of prerogatives of the public power is:

a) development and coordination of development of documents politician;

b) project development legislative and regulations, and also other regulating acts of body of the public power;

c) enforcement legislative and regulations;

d) development of powers of body of the public power of the administrative acts, necessary for implementation, directed to application and accomplishment legislative and regulations;

e) internal and external public control and audit;

f) staff management of public service;

g) planning, management and control of public financial resources;

h) tax administration;

i) representation within the established powers of interests of body of the public power in which the government employee performs activities, in the relations with physical persons or legal entities of public or private law in the country and abroad, including the sphere of justice.

Article 4. Scope of this law

(1) Provisions of this law are applied to government employees of the bodies of the public power specified in appendix 1.

(2) Provisions of this law are applied to the government employees having special status (the staff of diplomatic service, Customs Service, bodies of defense, bodies for the prevention and fight against corruption, bodies of homeland security and protection of public order established by the law other categories) in the part which is not regulated by special laws.

(3) Provisions of this law are not applied to:

a) to persons who are taking up the responsible state positions specified in appendix 2;

b) to the personnel enlisted on the basis of personal trust in office of persons who are taking up responsible state positions;

c) to the personnel of bodies of the public power performing support functions: clerical, legal, administrative, administrations of information systems, including input and information processing, the public power providing functioning of body;

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