PRESIDENTIAL DECREE OF THE REPUBLIC OF TAJIKISTAN

of November 14, 2012 No. 1369

About Rules of carrying out movement (rotation) of administrative board of law-enforcement bodies of the Republic of Tajikistan

According to article 19 (1) the Law of the Republic of Tajikistan "About militia" I decide:

1. Approve Rules of carrying out movement (rotation) of administrative board of law-enforcement bodies of the Republic of Tajikistan (are applied).

2. To provide to the Ministry of Internal Affairs of the Republic of Tajikistan execution of requirements of these rules.

Approved by the Presidential decree of the Republic of Tajikistan of November 14, 2012 No. 1369

Rules of carrying out movement (rotation) of administrative board of law-enforcement bodies of the Republic of Tajikistan

1. General provisions

1. Rules of carrying out movement (rotation) of administrative board of law-enforcement bodies of the Republic of Tajikistan (further - Rules) are developed based on Article 19 (1) the Law of the Republic of Tajikistan "About militia" and determine the organization and procedure for carrying out movement (rotation) for staff of the law-enforcement bodies holding executive positions in law-enforcement bodies of the Republic of Tajikistan.

2. Movement (rotation) is understood as appointment to other equivalent position in law-enforcement bodies taking into account skill level, higher education and period of service in law-enforcement bodies in the specialty, or in other state body.

3. Administrative board of law-enforcement bodies of the Republic of Tajikistan are the staff of law-enforcement bodies holding positions of the highest and the senior commanding structure or performing direct management of law-enforcement bodies or their structural divisions.

4. To the administrative board of law-enforcement bodies holding special career industry positions in medical, financial and economic, capital construction, ekspertnokriminalistichesky managements including in military service special professionally industry professions internal voyskvzryvnik, the sapper, the sniper, tank platoon action of these rules does not extend. Movement of these leading categories is carried out in case of separate provisions and office need from management of law-enforcement bodies according to the legislation of the Republic of Tajikistan.

5. Movements (rotation) of administrative board of law-enforcement bodies it is carried out for the purpose of:

- effective use of professional skill of staff of law-enforcement bodies;

- prevention of corruption manifestations and conflict of interest.

6. The basic principles of movement (rotation) of administrative board are:

- movement (rotation) is carried out taking into account skill level and results of work;

- movement (rotation) is carried out for positions of equal categories without participation at tender;

- the staff of law-enforcement bodies working in mountain areas and places with adverse natural, climatic and ecological conditions is subject to first-priority movement (rotation).

7. Movement (rotation) can be obligatory and voluntary. When carrying out obligatory movement (rotation) the consent of the employee of law-enforcement bodies is not required. Obligatory movement (rotation) is carried out for the purpose of:

- accomplishment of orders of special state importance;

- preparation of the managerial personnel;

- strengthenings of capacity of bodies and their structural divisions;

- prevention of cases of possible making of corruption actions, and also conflict of interest.

8. Voluntary movement (rotation) is carried out at the initiative of the employee of law-enforcement bodies. The bases for voluntary movement (rotation) are:

- change of the place of permanent residence of the employee of law-enforcement bodies;

- appointment (election) of the spouse or spouse to position for work in other area.

9. Movement (rotation) shares on interdepartmental and interdepartmental. Interdepartmental movement (rotation) is moving of the employee to other structural division. Interdepartmental movement (rotation) is movement of the employee from one state body in another. Movement (rotation) of the employee in both cases is carried out based on the relevant acts of the President of the Republic of Tajikistan, the Government of the Republic of Tajikistan and law-enforcement bodies of the Republic of Tajikistan taking into account interests of law-enforcement bodies once in five years if the legislation does not provide other procedure for movement (rotation).

10. The service of personnel of law-enforcement bodies for carrying out movement (rotation) carries out the following work:

- data preparation about the vacant positions which are subject to movement (rotation);

- preparation of the candidate list from number of persons employed, working in mountain areas and in places with adverse natural, climatic and ecological conditions;

- studying of professional and personal qualities of candidates;

- reasons for feasibility of movement (rotation) for the specific official to other position, reserve of candidates for movement (rotation);

- scheduling of carrying out movement (rotation) and its representation on approval by management of law-enforcement bodies;

- document creation, necessary for acceptance by management of law-enforcement bodies of decisions on position assignment and dismissal.

2. Procedure for movement (rotation) for personnel

11. Movement (rotation) is performed with respect for the basic principles, stipulated in Item 6 these rules and the terminal employment contract (contract) if the legislation does not establish other procedure for movement of staff of law-enforcement bodies. Further, in case of need or proceeding from conditions of the employment contract (contract), the party on the mutual arrangement can renew the employment contract (contract) for new term, or terminate it. In the employment contract (contract) surely it is specified about movement (rotation) of the employee of law-enforcement bodies without its consent.

12. In mountain areas and areas with adverse natural, climatic and ecological conditions before the expiration of the provided terms carrying out movement (rotation) based on the recommendation of specialists of medicine is possible.

13. When moving (rotation) of administrative board of law-enforcement bodies to structural divisions of law-enforcement bodies, the assuming change of nature of job responsibilities, on’ to representation of law-enforcement bodies employees take short-term professional development course of theoretical and practical preparation on profile of structural division to which the employee of law-enforcement bodies will be moved.

14. The service of personnel of law-enforcement bodies molst to use the following methods of movement (rotation) of staff of law-enforcement bodies:

- the staff of law-enforcement bodies who worked in other positions can return to the former position again;

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