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LAW OF THE KYRGYZ REPUBLIC

of May 30, 2016 No. 75

About the public civil service and municipal service

(as amended on 30-07-2019)

Accepted by Jogorku Kenesh of the Kyrgyz Republic on April 21, 2016

Operation of this Law is directed to increase in efficiency of the public civil service and municipal service, ensuring succession, stability and independence of professional office activity of citizens of the Kyrgyz Republic in state bodies and local government bodies.

Chapter 1. General provisions

Article 1. The concepts used in this Law

In this Law the following concepts are used:

1) professional office activity - the labor activity performed by the citizens of the Kyrgyz Republic owning special knowledge and skills according to the qualification requirements imposed to the corresponding position;

2) public service - professional office activity of citizens of the Kyrgyz Republic in state bodies. Public service includes the public civil service, military service, law-enforcement service and diplomatic service;

3) the public civil service (further - service) - the type of public service representing professional office activity of citizens of the Kyrgyz Republic in state bodies on implementation on permanent basis of the tasks, functions and powers of authority determined by the Constitution of the Kyrgyz Republic (further - the Constitution) and other regulatory legal acts of the Kyrgyz Republic (further - regulatory legal acts);

4) municipal service (further - service) - professional office activity of citizens of the Kyrgyz Republic in local government bodies on implementation on permanent basis of the tasks, functions and powers of authority determined by the Constitution and other regulatory legal acts;

5) military service - special type of public service on accomplishment by citizens of general conscription in Armed Forces, other military forming and state bodies of the Kyrgyz Republic in which the law provides military service;

6) law-enforcement service - type of the public service representing professional office activity of citizens of the Kyrgyz Republic on positions in the law enforcement agencies performing functions on safety, legality and law and order on fight against crime, on protection of rights and freedoms of man and citizen;

7) diplomatic service - the component of public service of the Kyrgyz Republic, includes professional activity of the citizens of the Kyrgyz Republic who are the staff of bodies of diplomatic service on representation, promotion and protection of interests of the state in the sphere of the international relations, to practical implementation of foreign policy of the Kyrgyz Republic;

8) the government civil servant (further - the employee) - the citizen of the Kyrgyz Republic holding managerial position in state body, performing on permanent basis for the monetary reward from means of the republican budget professional office sales activity of the powers conferred on position and bearing responsibility for their execution;

9) the local government officer (further - the employee) - the citizen of the Kyrgyz Republic holding managerial position in local government body, performing on permanent basis for the monetary reward from means of the local budget professional office sales activity of the powers conferred on position and bearing responsibility for their execution;

10) state body - the body founded on permanent basis according to the Constitution and other regulatory legal acts authorized to perform functions of the government, to make decisions, obligatory for execution, and to provide their realization, financed from the republican budget;

11) local government body - the body founded on permanent basis according to the Constitution and other regulatory legal acts authorized to perform representative or executive functions and powers in borders of the corresponding administrative and territorial unit, to make decisions, obligatory for execution, concerning local value, accomplishment of the delegated state powers and to provide their realization, financed from the local budget;

12) the state position - the position provided by the Constitution and other regulatory legal acts, or the position founded in established by the legislation of the Kyrgyz Republic (further - the legislation) procedure as established post of state body with the duties determined for the borrowing her face on execution and ensuring powers of this body. The state positions are subdivided on political, special and administrative;

13) political state position - the position in the course of which replacement person performs powers of authority and makes the politikoopredelyayushchy decisions oriented to carrying out in life of political programs and projects, bears responsibility for realization of the set political goals and the tasks within the powers established by the Constitution and other regulatory legal acts;

14) special state position - position in the course of which replacement person performs powers of authority on decision making and production of actions of the control and supervising, judicial or other special nature which is not connected with adoption of politikoopredelyayushchy decisions;

15) managerial state position (further - managerial position) - the position founded as the established post of state body with the established amount of powers and responsibility created for realization of tasks and functions of state body;

16) municipal position - the position provided by the Constitution and other regulatory legal acts or the position founded for local government bodies in the procedure established by the legislation as established post of local government body with the duties determined for the borrowing person on execution and ensuring powers of this body. Municipal positions are subdivided on political and administrative;

17) political municipal position - position of the deputy of the local kenesh, head of executive body of local self-government, chosen by the direct or indirect elections performing powers of authority and making the politikoopredelyayushchy decisions oriented to carrying out in life of political programs and projects which bear responsibility for realization of the set political goals on the corresponding administrative and territorial unit before local community within the powers established by the Constitution and other regulatory legal acts;

18) managerial municipal position (further - managerial position) - the position founded as established post of local government body, with the established amount of powers and responsibility on realization of tasks and functions of local government body;

19) the register of the state and municipal positions - the list of political and special, and also managerial positions which are unified and classified by state bodies and local government bodies;

20) career planning - complex of the actions directed to perspective job development on the basis of system of assessment of activities, professional and moral qualities of the government civil and local government officer;

21) foster position - the positions of consultants, advisers and assistants founded for term of office of persons holding political state positions, special state positions and political municipal positions for assistance in realization of their powers. The foster position is special type of managerial position;

22) retraining of employees - the training performed for the purpose of acquisition of additional knowledge, skills, studying of the separate subject matters necessary for accomplishment of new type of professional activity, expansion of qualification of employees, ensuring their adaptation to the changed economic and social conditions;

23) advanced training of employees - the training performed for the purpose of updating of theoretical and practical knowledge, skills in field of activity of employees for effective implementation of the job responsibilities by them, development of additional professional educational programs including taking into account the international requirements and standards;

24) the participant of tender on replacement of vacant position is the person who submitted the application for participation in tender and allowed to participation in tender.

Article 2. Legislation on the public civil service and municipal service

The legislation on the public civil service and municipal service consists of the Constitution, this Law, other laws and regulatory legal acts, and also come in the procedure established by the law into force of international treaties which participant is the Kyrgyz Republic.

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

Article 3. Coverage of this Law

1. Operation of this Law extends to the employees holding managerial positions on the public civil service and municipal service.

2. Activities of the government employees holding managerial positions of military, law-enforcement and diplomatic services are regulated by this Law in that measure in which their professional activity is not settled by special laws.

3. Operation of this Law does not extend:

1) on persons holding political state positions, special state positions and political municipal positions;

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

3) on persons of technical and service personnel working in state bodies and local government bodies.

4. Activities of persons holding political positions are regulated by the separate law on the status of these persons.

Article 4. Principles of the public civil service and municipal service

The public civil service and municipal service are based on unity and integrity of system of public administration and operate on the principles:

1) rule of the Constitution;

2) stability and succession;

3) professionalism, competence and initiative;

4) equal access for citizens of the Kyrgyz Republic in case of revenues to service regardless of floor, race, language, availability of disability, ethnic origin, religion, political or other convictions, origin, property or other status;

5) job developments on the basis of professional merits;

6) discipline and the personal responsibility for execution of service duties;

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

8) exceptions of political, religious impact and illegal intervention in activities of employees.

Chapter 2. Management of the public civil service and municipal service

Article 5. Management system public civil service and municipal service

1. The management system the public civil service is constituted:

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