Document from CIS Legislation database © 2003-2020 SojuzPravoInform LLC

LAW OF THE AZERBAIJAN REPUBLIC

of July 21, 2000 No. 926-IIQ

About public service

(as amended on 07-12-2018)

Chapter I. General provisions

Article 1. Law purpose

This Law governs the relations between the state and government employees in the field of public service in the Azerbaijan Republic and the questions connected with legal status of government employees.

Article 2. Public service

2.1. Public service is accomplishment by government employees of the ex-officio full powers in the field of implementation according to the Constitution and other legal acts of the Azerbaijan Republic of the purposes and functions of the state.

2.2. This Law extends to the employees passing public service in bodies of executive, legislative and judicial authority.

2.3. Passing of public service by persons occupied in public service in bodies of prosecutor's office, justice, defense, emergency situations, services of state security, service of foreign intelligence, the border service, public service on mobilization and conscription, special service of the state protection, migratory service, internal affairs, customs, taxes and foreign affairs in the Central bank of the Azerbaijan Republic, is regulated by other laws of the Azerbaijan Republic taking into account the provisions concerning the right of citizens of the Azerbaijan Republic to acceptance to public service, implementation of acceptance on public service on the basis of tender and transparency, assessment of activities of government employees and other principles of public service and also taking into account article 15-1 of this Law, and the service in these bodies is special type of public service.

This Law extends to persons who are working in offices of these bodies (except for the Central Bank of the Azerbaijan Republic) and not having military or special ranks (except for workers, not being public employees - the cleaner, the janitor, the gardener, the watchman, the fireman, the worker without qualification category, etc.).

2.4. This Law if this Law does not provide other, does not extend to the President of the Azerbaijan Republic, the Senior vice president and vice-presidents of the Azerbaijan Republic, deputies Millie of Majlis of the Azerbaijan Republic, the Prime Minister of the Azerbaijan Republic and his deputies, judges of courts of the Azerbaijan Republic, the Commissioner for Human Rights of the Azerbaijan Republic (Ombudsman), heads of the central executive bodies of the Azerbaijan Republic and their deputies, the chairman, vice-chairmen, the secretary and members of Central Election Commission of the Azerbaijan Republic, the chairman, the vice-chairman and auditors of Audit Chamber of the Azerbaijan Republic, heads (heads) of local executive bodies, deputies of the Supreme Majlis of the Nakhchivan Autonomous Republic, the Prime Minister of the Nakhchivan Autonomous Republic and his deputy, heads of the central executive bodies of the Nakhchivan Autonomous Republic, and also on the military personnel.

2.5. This Law does not extend to employees of the organizations which are under supervision of relevant organs of the executive authority. Employment relationships of these workers, are regulated by the Labor code of the Azerbaijan Republic.

2.6. It is cancelled

Article 3. Main objectives of public service

3.0. Treat the main objectives of public service:

3.0.1. providing the rights and freedoms of citizens on the basis of the Constitution and other legal acts of the Azerbaijan Republic;

3.0.2. preparation, acceptance, execution of decisions and control of execution within powers of state bodies,

3.0.3. ensuring effective activities of state bodies and accomplishment by government employees of ex-officio full powers.

Article 4. Principles of public service

4.1. Public service is based on the following principles:

4.1.1. legality;

4.1.2. establishment of limits of competence of legislative, executive bodies and judicial bodies in the Azerbaijan Republic;

4.1.3. submission to control and accountability of state bodies and government employees;

4.1.4. obligation of decisions of the higher state bodies and officials accepted within their competence for subordinate state bodies and officials;

4.1.5. obligations of all citizens and officials to perform legal requirements of government employees and to protect their lawful acts;

4.1.6. transparency of acceptance on public service;

4.1.7. reception of citizens on public service on the basis of tender and interview;

4.1.8. equality of citizens in occupation of this or that position of public service according to the capabilities, progress on service and professional training;

4.1.9. equality of government employees irrespective of race, ethnic origin, religion, language, floor, social origin, marital, property and official position, the residence, the relation to religion, beliefs, belonging to public associations, and also other reasons which are not relating to business qualities of employees;

4.1.10. economic use of potential of government employees, rotation for the purpose of increase in their office and professional level;

4.1.11. social and legal security of government employees, providing for them and their families of worthy level of living;

4.1.12. responsibility of the government employee for accomplishment by him of office debt, and also responsibility of state body for actions of the government employee.

4.2. In state bodies structures of political parties and public associations are not formed.

4.3. In case of accomplishment of job responsibilities government employees are guided by the Constitution, the laws and other legal acts of the Azerbaijan Republic adopted according to them and are not connected with decisions of political parties and public associations.

Article 5. Governing bodies of public service

5.1. Control of application of this Law, normative and methodical providing public service, determination of the list of the faces referred in the Azerbaijan Republic to category of government employees performs in the Azerbaijan Republic Council of management of public service of the Azerbaijan Republic (further - council). Council includes 18 members. 6 members of council are appointed the President of the Azerbaijan Republic, 6 members - the chairman Millie of Majlis of the Azerbaijan Republic and 6 members - the chairman of the Constitutional court of the Azerbaijan Republic. Powers of council are established by the provision approved by the law.

5.2. Council is not state body, and his members perform the powers on a voluntary basis.

5.3. Obligation of the decisions made by council for the corresponding government employees is provided respectively with the President of the Azerbaijan Republic, the chairman Millie of Majlis of the Azerbaijan Republic and the chairman of the Constitutional court of the Azerbaijan Republic.

Article 6. Legislation on public service

The legislation on public service consists of the Constitution of the Azerbaijan Republic, this Law, international treaties supported by the Azerbaijan Republic, other legal acts regulating public service of the Azerbaijan Republic from the legal point of view and determining features of legal status of government employees.

Chapter II. State bodies

Article 7. Concept of state body

7.1. State body - the state institute created according to the Constitution of the Azerbaijan Republic and the laws of the Azerbaijan Republic, which is carrying out the purposes and the functions of the state within established by legal acts of the Azerbaijan Republic, financed from the government budget of the Azerbaijan Republic, the budget of the Nakhchivan Autonomous Republic, the budget of the relevant organ of the executive authority performing social security and protection and fund for unemployment insurance.

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