LAW OF THE AZERBAIJAN REPUBLIC

of July 21, 2000 No. 926-IQ

About public service

This Law determines legal, organizational and financial and economic basis of public service in the Azerbaijan Republic according to Item 19 parts one of article 94 of the Constitution of the Azerbaijan Republic.

Chapter I. General provisions

Article 1. Basic concepts

1.1. The basic concepts used in this Law have the following values:

1.1.1. public service - service as public service in the sphere of realization is more whole also than functions of the state according to the Constitution of the Azerbaijan Republic and other regulatory legal acts;

1.1.2. special type of public service - passing of public service in positions which provide special, military or diplomatic rank;

1.1.3. the government employee - the employee of state body who is the citizen of the Azerbaijan Republic and receiving the state salary only from sources, the stipulated in Article 1.1.4 presents of the Law, holding managerial or auxiliary position of public service according to the procedure, established by this Law, both received qualification and sworn in case of the first acceptance on permanent public service on managerial position on fidelity to the Azerbaijan Republic;

1.1.4. state body - the state institute created according to the Constitution of the Azerbaijan Republic and the laws of the Azerbaijan Republic performing the purposes and functions of the state in the limits determined by the Constitution of the Azerbaijan Republic and the laws of the Azerbaijan Republic financed from the government budget of the Azerbaijan Republic, the budget of the Nakhchivan Autonomous Republic, and in the cases established by the law, - in addition by extrabudgetary funds, and having structure, the stipulated in Article 7 these Laws;

1.1.5. category (classification) of state bodies - classification of state bodies taking into account their status, hierarchy and jurisdiction (at country, regional and local level);

1.1.6. the state salary - the monthly payment paid via bank transfer to the government employee in cash;

1.1.7. position of public service - the established post determined in the staff list according to structure of state body for the purpose of implementation of the powers of this body determined by the Constitution of the Azerbaijan Republic and the laws of the Azerbaijan Republic;

1.1.8. classification of managerial and auxiliary positions - classification of managerial and auxiliary positions in state bodies taking into account category of state bodies to which they belong;

1.1.9. managerial position of public service - the established post which is directly performing powers of structural division of state body according to activity of the specified division and determined in the staff list according to structure of state body;

1.1.10. auxiliary position of public service - the established post providing activities of structural division of state body and determined in the staff list according to structure of state body;

1.1.11. the classification code of managerial and auxiliary positions - the list approved by the body (structure) determined by relevant organ of the executive authority, containing names, classification of managerial and auxiliary positions and qualification of government employees and which is the basis for preparation of staff lists in state bodies;

1.1.12. qualification of the government employee - the skill level appropriated to the government employee according to the position held by it;

1.1.13. structure of state body - the system of the structural organizations providing activities of state body, determined by regulatory legal acts;

1.1.14. the office of state body - the structural organization of state body which is uniting structural divisions (department and the sector) and directly organizing and providing realization of the powers assigned to state body;

1.1.15. structural division of state body - the structural unit of state body created according to the decision of the head of state body and performing the powers assigned to it according to regulations on this state body;

1.1.16. rotation - transfer of the government employees holding managerial positions from one position on another according to article 31-1 of this Law;

1.1.17. the direct head - the official to whom the government employee directly submits;

1.1.18. office activities - activities of the government employee in connection with realization of its rights and obligations established by the law;

1.1.19. assessment of office activities of the government employee - the inspection of activities of the government employee at the end of each calendar year which is carried out for the purpose of control of the current activities of the government employee, identification of its potential opportunities and effective use of these opportunities, stimulation of the government employee to increase in the professional competence and determination of his need for additional education or training and also compliance of its post, potential for promotion in position;

1.1.20. department - the structural division of state body performing its powers in one or several activities;

1.1.21. the sector - the structural division of state body created in department or independently;

1.1.22. the job description - the document approved by the head of state body containing the name of position of public service, function of service and condition of occupation of this position;

1.1.23. the central executive body - the state body performing state policy and regulation in the spheres corresponding to activities whose powers are stipulated in Clause 113 Constitutions of the Azerbaijan Republic;

1.1.24. the state agencies and public services created under the central executive body, - the structural organization created under the central executive body and performing at the level of the country of power, established by the industry laws;

1.1.25. local divisions of the central executive bodies - the structural organization created for the purpose of ensuring activities of the central executive body on places (on the area, the city and the region);

1.1.26. disciplinary responsibility - the type of legal responsibility providing application of the authority punishment provided by this Law for non-execution or improper execution of the obligations assigned to the government employee (minor offense) and also for non-compliance with the restrictions set by this Law;

1.1.27. tender - the process consisting of the test examination and interview held for assessment of suitability of candidates for vacant positions for the purpose of occupation of managerial positions;

1.1.28. internal interview - the interview conducted for occupation of the vacant position corresponding to the first or seventh to classifications of the managerial positions in state bodies 1-5 categories, and which is providing participation of the government employees who are serving in these state bodies in managerial positions and having the qualification corresponding to classification of managerial positions, and also persons applying for the positions established by part two of article 28.12 of this Law;

1.1.29. general interview - the interview conducted for occupation of the vacant position corresponding to the fourth or seventh to classifications of managerial positions in state bodies 1-5 categories, the government employees who are passing public service in this state body or in other state body and having the qualification corresponding to classification of managerial positions, and also service length at least 5 years and working in state body in managerial positions and also the other persons provided by part one of article 29.3 of this Law.

1.2. Other concepts used in this Law express the values determined by regulatory legal acts of the Azerbaijan Republic.

Article 2. Circle of application of the Law

2.1. This Law extends to the government employees serving in structural organizations of state bodies.

2.2. If other is not established by this Law, this Law does not extend to the President of the Azerbaijan Republic, the Senior vice president and vice-presidents of the Azerbaijan Republic, the Prime Minister of the Azerbaijan Republic and his deputies, deputies Millie of Majlis of the Azerbaijan Republic, judges of courts of the Azerbaijan Republic, the Commissioner for Human Rights (ombudsman) of the Azerbaijan Republic, heads of the central executive bodies of the Azerbaijan Republic and their deputies, the chairman, the vice-chairman, secretaries and other 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, the chairman, vice-chairmen and other members of Audiovisual council of the Azerbaijan Republic, deputies of the Supreme Majlis of the Nakhchivan Autonomous Republic, the Prime Minister of the Nakhchivan Autonomous Republic and his deputies, the Commissioner for Human Rights (ombudsman) of the Nakhchivan Autonomous Republic, the chairman of Central Election Commission of the Nakhchivan Autonomous Republic, the chairman, the deputy chairmen and other members of council on television and radio of the Nakhchivan Autonomous Republic, heads of the central executive bodies of the Nakhchivan Autonomous Republic, the head of Permanent Mission of the Nakhchivan Autonomous Republic in the city of Baku and the military personnel.

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