ORDER OF THE GOVERNMENT OF THE KYRGYZ REPUBLIC

of August 13, 2015 No. 576

About questions of compensation of the material damage caused by officials of state bodies according to the procedure of regress

According to articles 10 and 17 of the constitutional Law of the Kyrgyz Republic "About the Government of the Kyrgyz Republic" the Government of the Kyrgyz Republic decides:

1. Approve Provisional regulations for procedure for compensation of the material damage caused by officials of state bodies according to the procedure of regress according to appendix.

2. To heads of state bodies of the executive authority:

- take measures for presentation of the return requirements (regress) to persons whose actions entailed causing material damage to state bodies;

- to quarterly provide in the Public personnel service of the Kyrgyz Republic information on persons who caused material damage to the relevant state body acceptance of unreasoned decision about release of person from post.

3. Recommend to the Public personnel service of the Kyrgyz Republic:

- send information to Government office of the Kyrgyz Republic on acceptance of adequate measures concerning heads of the state bodies of the executive authority which allowed violations on execution of this resolution;

- in accordance with the established procedure to submit the bill on consideration of the Government of the Kyrgyz Republic directed to enhancement of the legislation on public service regarding compensation of damage according to the procedure of regress.

4. Recommend to the state bodies which are not a part of the system of executive bodies concerning compensation of damage according to the procedure of regress to be guided by this resolution.

5. To impose control of execution of this resolution on department of public administration and personnel work of Government office of the Kyrgyz Republic.

6. This resolution becomes effective after ten days from the date of official publication and is effective till December 31, 2016.

Appendix

Approved by the Order of the Government of the Kyrgyz Republic of August 13, 2015 No. 576

Provisional regulations for compensation of the material damage caused by officials of state bodies according to the procedure of regress

1. General provisions

1. These Provisional regulations for compensation of the material damage caused by officials of state bodies according to the procedure of regress (further - Provisional regulations) regulate procedure for compensation of the material damage caused by officials of state bodies by acceptance of unreasoned decision about release from post of the government employees holding managerial positions in state bodies.

2. The liability of the official of state body for the caused material damage is caused by its guilty delinquent behavior (action or failure to act).

3. The damage caused to the third parties as a result of illegal actions (failure to act) of person in case of execution of ex-officio full powers by it is subject to compensation by state body in which he is in the service.

2. Submission of the recourse action

4. The state body which indemnified loss shall impose the return requirements (regress) to person who directly makes wrongful acts.

5. If in court it is proved that the official violated labor rights of the government employee and thereof by a court decision the payments provided by the law are paid to the citizen, the state body based on the judgment shall hold from the salary of the official, including in case of the termination of work by it in this body.

6. For untimely submission of the recourse action concerning persons, actions (failure to act) of which cause damage to state body, heads of state bodies bear full financial responsibility for caused material damage.

3. Responsibility of the head of state body

7. Based on the judgment on consideration of employment dispute the head of state body appoints office investigation on establishment of persons whose actions cause material damage to state body.

8. In case of signing of the order on release of person from post with violation of the law, the signatory order the head of state body shall indemnify the caused material damage to state body in complete size.

4. Procedure for the compensation of the amount of damage put owing to the conclusion of office investigation and which entailed illegal release of the government employee

9. Compensation of material damage by person is made irrespective of attraction it to disciplinary, administrative or criminal liability for actions (failure to act) which cause damage to state body.

10. If the results of office investigation which were the basis for illegal release of the government employee from post were cancelled by the judgment and/or the government employee (employee) is recovered in former position with payment of monetary compensation, the secretary of state (the chief of staff, one of deputy managers of state body supervising questions of personnel work) of state body, shall impose recourse requirements to the head of state body, (including being), relieved person of the post.

11. The authorized state body for public service creates and keeps the database of the government employees who caused material damage to the state on form according to appendix to these Provisional regulations.

Appendix

to Provisional regulations for compensation of the material damage caused by officials of state bodies according to the procedure of regress

Form of the database of the government employees who caused material damage to the state

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