of December 10, 2015 No. 889-VIII
About public service
This Law determines the principles, legal and organizational basis of providing the public, professional, politically impartial, effective, oriented to citizens public service which functions for the benefit of the state and society, and also the procedure for realization by citizens of Ukraine for the right of equal access to public service based on their personal qualities and achievements.
1) the analysis of state policy at the nation-wide, industry and regional levels and preparation of offers on its forming, including development and conducting examination of drafts of programs, concepts, strategy, drafts of the laws and other regulatory legal acts, drafts of international treaties;
2) ensuring realization of state policy, accomplishment of nation-wide, industry and regional programs, execution of the laws and other regulatory legal acts;
3) ensuring provision of available and high-quality administrative services;
4) implementation of the state supervision and control of compliance with law;
5) managements of the state financial resources, property and control of their use;
6) personnel managements of state bodies;
7) realization of other powers of state body determined by the legislation.
2. The government employee is citizen of Ukraine who holds position of public service in public authority, other state body, its device (secretariat) (further - state body), receives the salary for the account of means of the government budget and performs the powers established for this position directly connected with accomplishment of tasks and functions of such state body and also adheres to the principles of public service.
1. In this Law the terms below are used in such value:
1) the direct head - the closest head to whom the government employee is directly subordinated;
2) state language - Ukrainian to which the Constitution of Ukraine provides the status of language of official communication of officials of state bodies and local government bodies in case of execution of job responsibilities, and also language of clerical work and documentation of these bodies and officials;
3) the head of public service in state body (further - the head of public service) - the official holding high position of public service in state body to which job responsibilities implementation of powers concerning public service and the organization of work of other workers in this body belongs;
4) position of public service - primary structural unit of state body determined by structure and the staff list with the job responsibilities established according to the legislation within the powers determined by part one of article 1 of this Law;
5) professional competence - capability of person within the powers determined by position to apply special knowledge, skills, to reveal the corresponding moral and business qualities for proper accomplishment of the established tasks and obligations, training, professional and personal development;
5-1) professional development - continuous, conscious, purposeful process of personal and professional growth, based on integration of knowledge, abilities and kompetentnost;
6) equivalent position - position of public service which belongs to one subcategory of positions of public service taking into account levels of state bodies;
7) the subject of appointment - state body or the official to which according to the legislation powers on behalf of the state are conferred to appoint to the corresponding position of public service in state body and to exempt from such position;
8) functions on servicing - activities of employees of state body which do not provide implementation of the powers which are directly connected with accomplishment of the tasks and functions determined by part one of article 1 of this Law;
9) professional training - acquisition and enhancement of professional knowledge, skills that provides appropriate level of professional qualification of the government employee for its professional activity;
10) office discipline - strict observance of the Oath of the government employee, fair accomplishment of service duties and rules of the internal office schedule.
2. The terms "close persons", "corruption offense", "potential conflict of interest", "real conflict of interest", "direct subordination" in this Law are used in the value determined by the Law of Ukraine "About prevention of corruption".
1. This Law governs the relations arising in connection with revenues to public service, its passing and the termination, determines legal status of the government employee.
2. Operation of this Law extends to government employees:
1) Secretariat of the Cabinet of Ministers of Ukraine;
2) ministries and other central executive bodies;
3) local public administrations;
4) bodies of prosecutor's office;
5) bodies of military management;
6) bodies of diplomatic service;
7) state bodies, features of passing of public service in which are determined by article 91 of this Law;
8) other state bodies.
3. Operation of this Law does not extend on:
2) the Head of the permanent facilitative branch created by the President of Ukraine and his deputies, the Permanent Representative of the President of Ukraine in the Autonomous Republic of Crimea and his deputies;
3) cabinet ministers of Ukraine, first deputies and deputy ministers;
4) the Chairman and members of National council of Ukraine concerning television and broadcasting, the Chairman and members of the Antimonopoly Committee of Ukraine, the Chairman and members of Audit Chamber, the Chairman and members of Central Election Commission, chairmen and members of other state collegiate organs;
5) Secretary of the National Security and Defense Council of Ukraine and his deputies;
6) the Chairman of the State committee of television and broadcasting of Ukraine and his deputies, the Chairman of Fund of state-owned property of Ukraine and his vice-chairmen of the National agency concerning prevention of corruption and his deputies;
7) People's Deputies of Ukraine;
8) Representative of the Verkhovna Rada of Ukraine for human rights and his representatives;
10) deputies of the Verkhovna Rada of the Autonomous Republic of Crimea, Chairman of the board of ministers of the Autonomous Republic of Crimea and his deputies, ministers of the Autonomous Republic of Crimea;
11) deputies of local councils, officials of local self-government;
11-1) judges of the Constitutional Court of Ukraine;
11-2) permanent representatives of the Cabinet of Ministers of Ukraine in the Constitutional Court of Ukraine;
14) employees of state bodies which perform functions on servicing;
15) employees of the state companies, organizations, the organizations, other subjects of managing of the state pattern of ownership, and also the educational institutions founded by state bodies;
16) the military personnel of the Armed Forces of Ukraine and other military forming formed according to the law;
17) faces of the private and the commanding structure of law enforcement agencies and employees of other bodies which gives the special ranks if other is not provided by the law;
18) employees of foster services.
4. Criteria of determination of the list of positions of employees of state bodies which perform functions on servicing affirm the Cabinet of Ministers of Ukraine on representation of the central executive body providing forming and realizing state policy in the sphere of public service.
The paragraph two is excluded according to the Law of Ukraine of 19.09.2019 No. 117-IX.
5. Separate features of passing of public service in the central executive body which realizes the state customs policy and in the central executive body realizing the state tax policy, their territorial authorities are determined by the Customs code of Ukraine and the Tax code of Ukraine.
1. Public service is performed with respect for the following principles:
1) supremacy of law - providing priority of rights and freedoms of man and citizen according to the Constitution of Ukraine which determine content and orientation of activities of the government employee during accomplishment of tasks and functions of the state;
2) legality - obligation of the government employee to act only on the basis, within powers and method which are provided by the Constitution and the laws of Ukraine;
3) professionalism - competent, objective and impartial execution of job responsibilities, permanent increase in the professional competence by the government employee of level, free ownership of state language and, if necessary, regional language or language of ethnic minorities, determined according to the law;
4) patriotism - commitment and right service to the Ukrainian people;
5) respectability - orientation of actions of the government employee on protection of public interests and refusal of the government employee of prevalence of private interest when implementing of the powers conferred to it;
6) efficiency - rational and productive use of resources for goal achievement of state policy;
7) ensuring equal access to public service - prohibition of all forms and manifestations of discrimination, lack of unreasonable restrictions or provision of unreasonable benefits to certain categories of citizens in case of revenues to public service and its passings;
8) political impartiality - non-admission of influence of political views on actions and decisions of the government employee, and also abstention from demonstration of the relation to political parties, demonstrations of own political views during accomplishment of job responsibilities;
9) transparency - openness of information on activities of the government employee, except the cases determined by the Constitution and the laws of Ukraine;
10) stability - appointment of government employees is termless, except the cases determined by the law, independence of staff of public service of changes of political management of the state and state bodies.
1. Legal regulation of public service is performed by the Constitution of Ukraine, it and other laws of Ukraine, international treaties which consent to be bound is provided by the Verkhovna Rada of Ukraine, resolutions of the Verkhovna Rada of Ukraine, presidential decrees of Ukraine, acts of the Cabinet of Ministers of Ukraine and the central executive body which provides forming and realizes state policy in the sphere of public service.
2. The relations arising in connection with receipt, passing and the termination of public service are regulated by this Law if other is not provided by the law.
3. Action of regulations of the legislation on work extends to government employees regarding the relations which are not settled by this Law.
4. Features of legal regulation of public service in justice system are determined by the legislation on judicial system and the status of judges.
5. On government employees operation of the Law of Ukraine "On prevention of corruption" expatiates.
1. Positions of public service in state bodies are subdivided into categories and subcategories depending on procedure for appointment, nature and amount of powers, the work content and its influence on adoption of the final decision, degree of responsibility of official, necessary skill level and professional kompetentnost of government employees.
1) category "A" (the highest case of public service) - positions:
Chief of staff of the Verkhovna Rada of Ukraine and his deputies;
the chief of staff (secretariat) of the permanent facilitative branch created by the President of Ukraine
State secretary of the Cabinet of Ministers of Ukraine and his deputies, state secretaries of the ministries;
heads of the central executive bodies who are not cabinet ministers of Ukraine, and their deputies;
heads of devices of the Constitutional Court of Ukraine, Supreme Court, the supreme specialized courts and their deputies, heads of the secretariats of the Supreme council of justice, the Highest qualification commission of judges of Ukraine and their deputies, Chairman of Public judicial administration of Ukraine and his deputies;
the paragraph the fifth Item 1) is excluded;
heads of public service in other state bodies which jurisdiction extends to all territory of Ukraine and their deputies;
2) category "B" - positions:
heads and deputy managers of state bodies which jurisdiction extends to the territory of the Autonomous Republic of Crimea, one or several areas, cities of Kiev and Sevastopol, one or several areas, areas in the cities, the cities of regional value;
heads of public service in state bodies which jurisdiction extends to the territory of the Autonomous Republic of Crimea, one or several areas, cities of Kiev and Sevastopol, one or several areas, areas in the cities, the cities of regional value;
heads and deputy managers of structural divisions of state bodies irrespective of the level of jurisdiction of such state bodies;
3) category "B" - other positions of public service which are not referred to categories "A" and "B".
3. The quantity of positions of public service of categories "A" and "B" in state body shall make no more than a third of its number of staff.
4. Determination of subcategories of positions of public service and equating of positions of public service is carried out by the Cabinet of Ministers of Ukraine on representation of the central executive body which provides forming and realizes state policy in the sphere of public service.
1. The government employee has the right on:
1) respect for the personality, honor and advantages, fair and respect from heads, colleagues and other persons;
2) accurate determination of job responsibilities;
3) conditions of service, proper to work, and their material logistics;
4) compensation depending on post, results of office activities, years of service of public service, rank and terms of the contract about passing of public service (in case of the conclusion);
5) leave, social and provision of pensions according to the law;
6) professional training, including for public funds according to requirements of state body;
7) job development taking into account professional competence and fair accomplishment of the job responsibilities;
8) participation in labor unions for the purpose of protection of the rights and interests;
9) participation in activities of associations of citizens, except political parties, in the cases provided by this Law;
10) appeal in the procedure for decisions on imposing of authority punishment established by the law, dismissal of public service, and also the conclusion containing negative assessment by results of assessment of its office activities;
11) protection against illegal prosecution from state bodies and their officials in case of the message on the facts of violation of requirements of this Law;
12) obtaining from state bodies, the companies, organizations and the organizations, local government bodies of necessary information on the questions relating to its powers in the cases established by the law;
13) free acquaintance with documents on passing of public service by it, including conclusions by results of assessment of its office activities;
14) conducting office investigation according to its requirement for the purpose of removal groundless, in his opinion, accusations or suspicions.
2. Government employees also exercise other rights determined in regulations on structural divisions of the state bodies and job descriptions approved by heads of public service in these bodies.
1. The government employee shall:
1) to observe the Constitution and the laws of Ukraine, to act only on the basis, within powers and method which are provided by the Constitution and the laws of Ukraine;
2) to follow the principles of public service and rules of ethical behavior;
3) to respect advantage of the person, not to allow violation of rights and freedoms of man and citizen;
4) to be respectful to the state symbols of Ukraine;
5) it is obligatory to use state language in case of accomplishment of the job responsibilities, not to allow discrimination of state language and to counteract possible attempts of its discrimination;
To provide 6) within the conferred powers effective implementation of tasks and functions of state bodies;
7) honesty and professionally to satisfy the job responsibilities and terms of the contract about passing of public service (in case of the conclusion);
8) to carry out decisions of state bodies, orders (orders), orders of heads provided on the basis and within the powers provided by the Constitution and the laws of Ukraine;
9) to observe requirements of the legislation in the sphere of prevention and anti-corruption;
10) to prevent emergence of real, potential conflict of interest when passing public service;
11) it is permanent to increase the level of the professional competence and to enhance the organization of office activities;
12) to keep the state secret and personal data of persons which became known to it in connection with execution of job responsibilities, and also other information which according to the law is not subject to disclosure;
13) to provide public information in the limits determined by the law.
Government employees carry out also other obligations determined in regulations on structural divisions of the state bodies and job descriptions approved by heads of public service in these bodies and the contract on passing of public service (in case of the conclusion).
2. In case of identification by the government employee during its office activities or beyond its limits of the facts of violation of requirements of this Law from state bodies, their officials he shall address for law enforcement to the central executive body which provides forming and realizes state policy in the sphere of public service.
1. The government employee in case of execution of job responsibilities acts within the powers determined by the law and submits to the direct head or person fulfilling its duties or to person determined in the contract on passing of public service (in case of the conclusion).
2. The government employee shall execute orders (orders), orders of the head published within its powers except the cases provided by part six of this Article.
During execution of the obligations the government employee shall not perform orders of employees of foster service.
3. The order (order), the order shall contain specific objective, information on its subject, the purpose, term of accomplishment and person responsible for execution.
The order (order) shall be written, and the order can be written or oral.
4. If the government employee received the order (order), orders not from the direct head, and from the head of the highest level, he shall report about it to the direct head.
5. The order (order), the power of attorney can be repealed by the head who issued it, and also the head of the highest level or body of the highest level.
6. The government employee in case of emergence at it of doubt in legality of the order (order) issued by the head, the order shall require its written confirmation after which receipt he shall execute such order (order), the order. Along with accomplishment of such order (order), order the government employee shall report in writing about it to the head of the highest level or body of the highest level. In that case the government employee is exempted from liability for accomplishment of the specified order (order), the order if it is acknowledged illegal in the procedure established by the law, except cases of accomplishment of obviously criminal order (order), order.
7. If the government employee executed the order (order), the orders recognized in the procedure established by the law illegal and did not make the actions specified in part six of this Article, he bears responsibility for the act according to the law.
8. The head in case of receipt of the requirement of the government employee about provision of the written confirmation of the order (order), the order shall confirm or repeal in writing the relevant order (order), the order in one-day time.
In case of non receipt of the written confirmation in the specified time the order (order), the order is considered cancelled.
9. The corresponding persons bear responsibility according to the law for issue by the head and accomplishment by the government employee of obviously criminal order (order), order.
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