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LAW OF THE AZERBAIJAN REPUBLIC

of June 22, 2010 No. 1057-IIIQ

About service in bodies for emergency situations

(as amended on 09-07-2021)

This Law establishes procedure and conditions of service in bodies of emergency situations, bases of legal status of persons serving in these bodies.

Chapter I. General provisions

Article 1. Service in bodies of emergency situations

1.1. The service in bodies of emergency situations is special type of public service of the citizens of the Azerbaijan Republic performing powers on stipulated by the legislation activities of relevant organ of the executive authority.

1.2. Military personnel, employees with special ranks and government employees of bodies of emergency situations in case of service act within the powers according to the legal basis of service, the stipulated in Clause 2 presents of the Law.

Article 2. The legal basis of service in bodies of emergency situations

2.1. The legal basis of service in extraordinary bodies is constituted by the Constitution of the Azerbaijan Republic, the Laws of the Azerbaijan Republic, the international agreements which participant is the Azerbaijan Republic, and other regulatory legal acts of the Azerbaijan Republic.

2.3. The questions which are not provided by this Law relating to employment relationships and also service by persons working at the positions which are not providing special ranks are regulated by the relevant standards of the Law of the Azerbaijan Republic "About public service" and the Labor Code of the Azerbaijan Republic.

Article 3. Scope of the Law

This Law extends to the persons performing in the office of relevant organ of the executive authority and entering into its structure structures the powers established by the legislation of the Azerbaijan Republic and serving on positions of ordinary structure, younger, average, senior and highest commanding structures with assignment of special ranks, and also cadets with special ranks of educational institutions of relevant organ of the executive authority (further - employees).

Chapter II. Acceptance on service in bodies of emergency situations, position assignment and dismissal

Article 4. Procedure and conditions of acceptance on service in bodies of emergency situations

4.1. The citizens of the Azerbaijan Republic having the professional training meeting the requirements of the corresponding position, and who are fluent in state language of the Azerbaijan Republic have rights to serve in bodies of emergency situations irrespective of their race, nationality, religion, language, floor, social origin, property status, the residence, beliefs, belonging to labor unions or other public associations.

4.2. Acceptance on service in bodies of emergency situations is performed on voluntary basis.

4.3. The application form, represented for acceptance on service in bodies of emergency situations, and the list of the documents enclosed to the application are established by relevant organ of the executive authority.

4.4. Documents of persons who addressed for acceptance on service to bodies of emergency situations are checked in the procedure established by the legislation by relevant organ of the executive authority.

4.5. Reflection in the documents submitted by person who addressed for acceptance on service to bodies of emergency situations, the data intentionally distorted is the basis for refusal in acceptance of this person on service or for the termination of passing of service by it.

4.6. For the purpose of regulation of the office relations between persons serving in bodies of emergency situations, determinations of their qualification qualities in these bodies are established positions of ordinary structure, younger, average, the senior and highest commanding structure, and also the special ranks provided by this Law corresponding to these positions.

4.7. Positions of ordinary structure and the younger commanding structure in bodies of emergency situations, as a rule, are completed at the expense of persons having complete average or secondary vocational education based on interview by the conclusion of the agreement (contract). Form and the term of the contract (contract) on service in bodies of emergency situations are determined by relevant organ of the executive authority.

4.8. Positions of the average commanding structure in bodies of emergency situations are completed at the expense of persons having the higher or secondary vocational education, and positions of the senior commanding structure - as a rule, at the expense of persons having the higher education based on interview.

4.9. Rules of holding interview for acceptance on service in bodies of emergency situations are established by relevant organ of the executive authority.

4.10. Acceptance on service in bodies of emergency situations is drawn up by the order of the head of relevant organ of the executive authority or the official to whom it confers appropriate authority.

4.11. Persons having double citizenship and obligations to other states the religious figures, persons recognized based on the judgment which took legal effect as incapacitated or it is limited capable which criminal record is not extinguished or is not removed, incapable based on the medical certificate to work in bodies of emergency situations owing to physical or mental defects, persons dismissed from bodies of court, prosecutor's office, justice, other law enforcement or other state bodies for the gross misconducts or actions incompatible with service which are earlier allowed in these bodies cannot be employed in bodies of emergency situations.

4.12. The citizens who did not undergo the urgent active duty established by the law and also, as a rule, person are more senior than thirty years are not employed to the positions in bodies of emergency situations providing special ranks.

4.13. The stipulated in Clause 4.12 these Laws age restriction do not extend to persons employed by relevant organs of the executive authority on positions of the senior and highest commanding structure and also to persons up to forty years accepted, if necessary, in bodies of emergency situations to positions of ordinary structure, the younger and average commanding structure on financial, economic, medical, educational and to other specific spheres.

4.14. Physical training and the state of health of persons who addressed for acceptance on service to bodies of emergency situations are checked according to the procedure, established by relevant organ of the executive authority.

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