LAW OF THE KYRGYZ REPUBLIC

of August 11, 2004 No. 114

About public service

Accepted by General Court of Jogorku Kenesh of the Kyrgyz Republic on June 30, 2004

This Law establishes bases of the organization of public service, regulates legal status of the government employee, condition of passing of public service, system of encouragement and responsibility of government employees.

This Law is aimed at providing succession, stability and independence of professional public service, attraction on public service of qualified personnel, improvement of effective management of public service.

Chapter I. General provisions

Article 1. The basic concepts used in this Law

In this Law the following concepts are used:

public service - activities of government employees in state bodies on implementation on professional basis of the tasks, functions and powers of authority determined by the Constitution and other regulatory legal acts of the Kyrgyz Republic;

the government employee - the citizen of the Kyrgyz Republic holding the state position in state body and performing on permanent basis for the monetary reward at the expense of the government budget professional activity on realization of the powers conferred on position and bearing responsibility for their execution;

state body - the organization founded on permanent basis according to the Constitution of the Kyrgyz Republic, the constitutional and other laws of the Kyrgyz Republic, presidential decrees of the Kyrgyz Republic authorized to perform functions of the legislative, executive or judicial government, and also the Office of the President of the Kyrgyz Republic, to make decisions, obligatory for execution, and to provide their realization, financed from the government budget. The term "state body" means also any territorial subdivision or structural unit performing functions or part of functions of the central state body;

the state position - the position provided by the Constitution of the Kyrgyz Republic, other regulatory 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 state positions are subdivided into political state positions and managerial state positions:

- the political state position - the state position, appointment (election) and release from which is made by the President, Jogorku Kenesh, the Prime Minister of the Kyrgyz Republic in the procedure established by the legislation, provided by the register of political and special state positions of the Kyrgyz Republic and with determination of circle of the powers established for them by the Constitution, the laws of the Kyrgyz Republic, presidential decrees, the orders of the Government of the Kyrgyz Republic.

- managerial state position - position in the office of state body legislative, executive and judicial branches of the government, and also in the Office of the President of the Kyrgyz Republic, with the amount of powers established for it and responsibility on implementation of the tasks and functions of state body established by the Constitution and other regulatory legal acts of the Kyrgyz Republic;

the register of the state positions - the list of the positions of public service unified and classified by state bodies, categories, groups, and also by other signs, approved by the President of the Kyrgyz Republic.

Article 2. Legislation on public service

The legislation on public service consists of the Constitution of the Kyrgyz Republic, this Law, and also regulatory legal acts of the President of the Kyrgyz Republic, Jogorku Kenesh of the Kyrgyz Republic, the Government of the Kyrgyz Republic and authorized state body adopted according to them for public service.

If the international treaties and agreements ratified by the Kyrgyz Republic provide other regulations concerning the public classified service, then regulations of these contracts and agreements are applied.

If other is not provided by this Law, operation of the legislation of the Kyrgyz Republic on work and social protection extends to government employees.

Article 3. Coverage of this Law

Operation of this Law extends to the government employees holding managerial state positions.

Operation of this Law also extends concerning government employees of devices: courts, the Ombudsman (Akyykatchy) the Kyrgyz Republic, judicial authorities, prosecutor's office, bodies of diplomatic service, and also persons having the status of law enforcement officers in that measure in which their professional activity is not settled by special laws.

Operation of this Law does not extend:

- on persons holding the state political positions if other is not established by this Law;

- on persons applying for position of advisers, consultants and assistants to political government employees;

- on the military personnel;

- on local government officers;

- on the employees occupied in the bodies, organizations, the companies and the organizations which are under authority of the state bodies performing the research, creative, teaching, medical and improving and other activities for servicing of the population which are not connected with executive functions of the state including heads of data of organizations and organizations;

- on persons of technical and service personnel working in state bodies.

Article 4. Basic principles of public service

Public service in the Kyrgyz Republic is based and operates on the principles:

1) rule of the Constitution of the Kyrgyz Republic, laws of the Kyrgyz Republic and priority of rights and freedoms of man and citizen;

2) commitments of government employees to the people of Kyrgyzstan;

3) stability of public service;

4) publicity, availability to the public of information on activities of the government employee;

5) professionalism, competence, initiative and honesty;

6) equal right of citizens of the Kyrgyz Republic to revenues to public service;

7) discipline and the personal responsibility for execution of service duties, providing fair and impartial system of disciplinary responsibility;

8) submission to control and accountability of government employees, obligation for execution of the decisions made within the powers of higher state bodies and officials conferred by the legislation;

9) legal, economic and social security of government employees, security it and to their families of worthy level of living;

10) continuous improvement of system of public service;

11) transparency and impartial matching, job evaluation and promotion of personnel on competitive basis;

12) exceptions of political impact and illegal intervention in activities of government employees.

Chapter II. Legal status of the government employee

Article 5. Functions and powers of the government employee

The government employee performs professional activity on realization of the purposes, tasks and functions established by the legislation for this state body and person holding political state position.

Powers of the government employee are determined by tasks and functions of state body, amount of the rights and obligations which accomplishment follows from this or that position, according to the Constitution of the Kyrgyz Republic, this Law and other regulatory legal acts of the Kyrgyz Republic.

Article 6. The main requirements imposed to government employees

Person cannot be the government employee:

- not being the citizen of the Kyrgyz Republic;

- not reached 21 years;

- recognized as the judgment incapacitated or who the judgment is forbidden to perform activities as the government employee or to hold certain positions of public service;

- having the criminal record which is not removed or not extinguished in the procedure established by the legislation;

- not conforming to the qualification requirements established for this managerial position by the legislation of the Kyrgyz Republic or the relevant state body performing acceptance on service.

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