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LAW OF TURKMENISTAN

of March 26, 2016 No. 363-V

About public service

(as amended on 05-06-2021)

This Law determines legal and organizational basis of public service in Turkmenistan, conditions and procedure for realization by citizens of Turkmenistan for the right to public service.

Chapter I. General provisions

Article 1. Public service

1. Public service is the professional activity performed by government employees on execution of the ex-officio full powers directed to realization of tasks of the government.

2. Development or examination of projects of regulatory legal acts, rendering administrative services, implementation of the state control, management of state-owned property, management of personnel of state bodies or their device and other tasks which are directly connected with realization of powers of state body are assigned to public service preparation of offers concerning implementation of state policy in the respective area.

Article 2. Legal basis of public service

1. The legal basis of public service is constituted by the Constitution of Turkmenistan, this Law and other regulatory legal acts of Turkmenistan.

2. This Law governs the relations arising in connection with revenues to public service, its passing and the termination and determines the status of the government employee.

3. Action of regulations of labor and other law of Turkmenistan extends to the relations connected with public service, not settled by this Law.

Article 3. The basic concepts used in this Law

1. In this Law the following basic concepts are used:

1) the government employee – the citizen of Turkmenistan holding the position specified in the Register of positions of government employees, and performing sales activity of the tasks facing public service;

2) state body – the body formed according to regulatory legal acts of Turkmenistan and performing powers of the government in the respective sphere of the state activities;

3) position of public service – the structural unit of state body determined by structure and the staff list with the job responsibilities established according to the legislation of Turkmenistan within the powers determined by this Law;

4) the official – person, is permanent, temporary or on special power performing functions of the public agent or performing organizational and administrative, administrative or control and auditing functions in state bodies;

5) the head of public service in state body – the official holding high position in public service in state body to which job responsibilities execution of powers on public service in it belongs;

6) ex-officio full powers – the powers provided by specific position of the public service answering the purpose and tasks facing state bodies in which the government employees having rights and obligations established by the legislation of Turkmenistan perform the activities;

7) job responsibilities – the list of the tasks and powers assigned to position of public service which the government employee shall carry out, and established for it by the job description;

8) service duties – set of the obligations of the government employee determined by this Law, employment policies and procedures of state body and its job responsibilities;

9) the state position – structural unit of state body to which the list of ex-officio full powers and job responsibilities established by regulatory legal acts of Turkmenistan is assigned and also the right to make the decisions connected with implementation of the tasks facing public service according to this list is granted;

10) competence of the government employee – availability at the government employee necessary for accomplishment by it job responsibilities of educational and qualification level and work experience, and also level of proficiency in the government employee in special knowledge, skills;

11) qualification requirements – requirements imposed to the citizens of Turkmenistan applying for occupation of the state position for the purpose of determination of level of their professional training, competence and compliance of specific state position;

12) the military personnel is the citizens of Turkmenistan passing military service in Armed Forces of Turkmenistan, other troops and military bodies;

13) the order – the form of implementation of managerial powers by the head providing statement of specific objective, determination of its subject, purpose, term and person, actionee;

14) tasks on servicing – the activities of employees of state body which are carried out for the purpose of ensuring work of these bodies, not providing implementation of the powers which are directly connected with realization of the tasks facing public service.

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