LAW OF THE REPUBLIC OF BELARUS

of June 14, 2003 No. 204-Z

About public service in the Republic of Belarus

Accepted by the House of Representatives on May 13, 2003

Approved by Council of the Republic on May 29, 2003

Chapter 1. General provisions

Article 1. Legal basis of public service

1. The legal basis of public service in the Republic of Belarus is constituted by the Constitution of the Republic of Belarus, this Law and other legal acts.

2. Action of regulations of labor, pension and other law extends to the relations connected with public service, not settled by this Law and other acts of the legislation.

Article 2. Public service

In this Law public service is understood as the professional activity of persons holding the state positions, performed for the purpose of direct realization of state powers of authority and (or) ensuring accomplishment of functions of state bodies.

Article 3. State body

1. State body - the organization formed according to the Constitution of the Republic of Belarus, other legal acts performing state powers of authority in the respective sphere (area) of the state activities.

2. For the purposes of this Law state bodies are understood as also public institutions and other state organizations providing activities of the President of the Republic of Belarus or state bodies which employees according to the legal acts fixing their legal status are government employees.

Article 4. State position

The state position - the position provided by the Constitution of the Republic of Belarus, this Law and other legal acts or the position founded in the procedure established by the legislation as established post of state body with the duties determined for the borrowing her face on execution and ensuring powers of this state body.

The positions included in the staff list of state body for the purpose of maintenance and ensuring activities of this body according to the list determined by the Government of the Republic of Belarus or the state body authorized by it do not belong to the state positions.

Article 5. Government employee

Government employee is the citizen of the Republic of Belarus holding the state position in the procedure established by the legislation, given appropriate authority and who is carrying out service duties for the monetary reward from means republican or local budgets or other stipulated by the legislation sources of financing.

Article 6. Principles of public service

Public service is based on the principles:

rule of the Constitution of the Republic of Belarus;

services to the people of the Republic of Belarus;

legality;

priority of rights and freedoms of man and citizen, guarantees of their realization;

humanity and social justice;

unities of system of public service and its differentiation proceeding from the concept of separation of the power on legislative, executive and judicial;

publicity;

professionalism and competence of government employees;

submission to control and accountability of government employees, the personal responsibility for non-execution or improper execution of the service duties by them;

voluntariness of arrival of citizens on public service;

equal access for citizens to any positions in public service and promotions on public service according to their capabilities, professional knowledge and education;

stability of public service for the purpose of ensuring succession of the power;

economic, social and legal security of government employees.

Article 7. Coverage of this Law

1. Operation of this Law extends to persons who hold the state positions in the procedure established by the legislation in:

1.1. House of Representatives and Council of the Republic of National assembly of the Republic of Belarus and their secretariats;

1.2. Government of the Republic of Belarus and its Device;

1.3. Constitutional court of the Republic of Belarus and its Secretariat, Supreme Court of the Republic of Belarus, Supreme Economic Court of the Republic of Belarus, other general and economic courts and their devices;

1.4. Administration of the President of the Republic of Belarus, the State secretariat of the Security Council of the Republic of Belarus, Administration of the President of the Republic of Belarus, the Presidential Security Service of the Republic of Belarus, other state bodies which are directly providing activities of the President of the Republic of Belarus;

1.5. bodies of the State Control Committee of the Republic of Belarus, bodies of prosecutor's office of the Republic of Belarus, National Bank of the Republic of Belarus, Central commission of the Republic of Belarus on elections and holding republican referenda and its device;

1.6. ministries, other republican state bodies, their territorial subdivisions;

1.7. diplomatic representations, consular establishments and missions of the Republic of Belarus;

1.8. local councils of deputies and their devices, executive and administrative organs and their devices;

1.9. offices of notary public;

1.10. customs authorities;

1.11. other state bodies.

2. Regulations of the special legal acts fixing their legal status extend to the relations connected with receipt, passing, the termination of public service in relation to separate categories of government employees, caused by specifics of their professional activity, not settled by this Law.

3. Operation of this Law does not extend to military personnel, persons of the commanding and ordinary structure of law-enforcement bodies, the Investigative Committee of the Republic of Belarus, bodies and divisions on emergency situations, bodies of financial investigations of the State Control Committee of the Republic of Belarus if other is not provided by legal acts.

Article 8. Personnel registers of the state positions

1. For the purpose of increase in efficiency of work with personnel, improvement of system of accounting, matching, preparation, retraining and advanced training of the managerial personnel, their arrangements are created personnel registers of the state positions (further - personnel registers).

2. The personnel register - system of accounting of the state positions of state bodies of the Republic of Belarus.

3. In the Republic of Belarus the personnel register of the Head of state of the Republic of Belarus, the personnel register of the Government of the Republic of Belarus, personnel registers regional and Minsk city executive committees are kept.

4. Join in personnel registers:

the highest state positions of the Republic of Belarus: The Prime Minister of the Republic of Belarus, the Chairman of the board of the Republic of National assembly of the Republic of Belarus, the President of Chamber of representatives of National assembly of the Republic of Belarus, the Chairman of the Constitutional Court of the Republic of Belarus, the Chairman of the Supreme Court of the Republic of Belarus, the Chairman of Supreme Economic Court of the Republic of Belarus, the Chief of Presidential Administration of the Republic of Belarus, the State secretary of the Security Council of the Republic of Belarus, the Chairman of the State Control Committee of the Republic of Belarus, the Attorney-General of the Republic of Belarus, the Chairman of the board of National Bank of the Republic of Belarus Managing affairs of the President of the Republic of Belarus;

other state positions, appointment (appointment coordination) to which is performed respectively by the President of the Republic of Belarus, the Prime Minister of the Republic of Belarus, chairmen regional and Minsk city executive committees.

5. Lists of the highest state positions of the Republic of Belarus, other state positions which are subject to inclusion in personnel registers affirm respectively the President of the Republic of Belarus, the Prime Minister of the Republic of Belarus, chairmen regional and Minsk city executive committees.

Article 9. Procedure for maintaining personnel registers

1. Maintaining personnel registers includes:

1.1. approval of lists of the state positions;

1.2. collection and studying of data on candidates for the state positions.

2. In case of appointment to the state positions included in personnel registers according to the legislation forming of information about the candidates necessary for realization of their ex-officio full powers is performed.

3. Forming of information about candidates for the state positions is performed by the Government of the Republic of Belarus, Administration of the President of the Republic of Belarus, the State secretariat of the Security Council of the Republic of Belarus, regional and Minsk city executive committees according to their competence.

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