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Strasbourg, 11 October 2001
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CDL (2001) 98
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EUROPEAN COMMISSION FOR DEMOCRACY THROUGH LAW
(VENICE COMMISSION)
REPUBLIC
OF ARMENIA
DRAFT
LAW ON CIVIL SERVICE
CHAPTER ONE
GENERAL PROVISIONS
Article 1. Public Service
1. Public service is the implementation of
authorities reserved to the State by legislation, which includes implementing
policy by state and local self-government bodies, the state service and the
service in local self-government bodies, as well as the civil work in the state
and local self-government bodies.
2. Policy shall be implemented by state
and local self-government bodies through the persons occupying political and
Discretionary Positions, within the scope of authorities assigned to them by
the legislation of the Republic of Armenia by adoption of political decisions
and coordination of their execution.
3. State service is a professional
activity, which is directed at the implementation of the objectives and
functions reserved to the state bodies by the legislation of the Republic of
Armenia.
State service includes Civil Service,
Judicial Service and the special services, namely in the Republican Executive
Bodies of Defense, National Security, Internal Affairs, Tax, Customs,
Emergencies, as well as Diplomatic and other Services envisaged by the laws.
4. Service in the local self-government
bodies is a professional activity, which is directed at the implementation of
the objectives and functions reserved to the local self-government bodies by
the Constitution and laws of the Republic of Armenia.
5. Civil work in the state and local
self-government bodies is the implementation of separate objectives and
functions reserved to the State by the legislation of the Republic of Armenia
through hired employees.
Article 2. The Subject of Regulation of this law
This law regulates relations pertaining to
the organization and administration of the Civil Service of the Republic of
Armenia, the legal status of the Civil Servants, as well as other relations
connected therewith.
Article 3. Principal Concepts used in this
law
1. The principal concepts used in this law
have the following meaning:
a/ Civil Service - a professional
activity, which is performed in the bodies envisaged in Clause 1, Article 4 of
this law, with the purpose of implementing the objectives and functions
reserved to those bodies by the legislation of the Republic of Armenia.
b/ Civil Service Position - a position
envisaged by the Roster of Civil Service Positions, having stability.
c/ Vacant Civil Service Position - a Civil
Service Position unoccupied pursuant to the procedure stipulated by this law.
d/ Roster of Civil Service Positions - a
list of all the Civil Service Positions approved by the procedure defined by
this law.
e/ Civil Servant - a person occupying a
position envisaged in the Roster of Civil Service Positions or enlisted in the
Civil Service Personnel Reserve.
f/ Corresponding Body - a body envisaged
by Clause 1, Article 4 of this law.
g/ Passport of the Civil Service Position
- a document approved in a procedure defined by this law, describing the rights
and duties stipulated by this law and other legal acts for the Civil Servant
occupying the given position, to be presented to the Civil Servant from the
point of view of the mastery of the professional knowledge and working skills
for occupying the given position, as well as defining the requirements for
having a corresponding classification grade of the Civil Service.
h/ Classification Grade of Civil Servants
- a qualification criterion corresponding to the professional knowledge and
working skills of the Civil Servant.
i/ Chief of Staff - the official referred
to in Clause 3, Article 16 of this law.
j/ Attestation of Civil Servants - determination
of the conformity of the professional knowledge and working skills of the Civil
Servants to the position occupied.
k/ Training of Civil Servants - consistent
improvement of the professional knowledge and working skills of the Civil
Servants.
l/ Civil Service Personnel Reserve - a
group of Civil Servants not occupying Civil Service Positions by the procedure
stipulated by this law.
m/ Service Investigation - an
investigation of the performance of the duties by the Civil Servant and of
issues related thereto carried out in the cases and pursuant to the procedure
defined in this law and other legal acts.
n/ Political Position- a position without
stability, elected or appointed pursuant to the procedure defined by the
Constitution and the laws of the Republic of Armenia, the official occupying
which shall make political decisions and co-ordinate the implementation thereof
within the scope of authority reserved to him/ her by the legislation of the
Republic of Armenia.
o/ Discretionary Position- a position
without stability, appointed pursuant to the procedure defined by the
legislation of the Republic of Armenia, the official occupying which shall make
decisions and co-ordinate the implementation thereof within the scope of
authority reserved to him/ her by the legislation of the Republic of Armenia,
which may change with the changes of the persons occupying Political Positions.
q/ Person Implementing Technical Support –
implementer of technical support necessary for the implementation of the
authorities of the persons occupying Political and Discretionary, as well as
Civil Service Positions.
2. Within the meaning of this law,
Political Positions under Item n of Clause 1 of this Article are considered the
positions of the President of the Republic of Armenia, Deputies to the National
Assembly of the Republic of Armenia, the Prime Minister of the Republic of
Armenia, Ministers of the Republic of Armenia and the Leaders of Communities of
the Republic of Armenia.
3. Within the meaning of this law,
Discretionary Positions under Item o of Clause 1 of this Article are considered
the positions of the Chief of Staff of the President of the Republic of
Armenia, the Chief of Staff of the Government of the Republic of Armenia, the
Deputy Ministers of the Republic of Armenia, the Marzpets [Regional
Governors]of the Republic of Armenia (the Mayor of the City of Yerevan), as
well as the positions of advisers, press secretaries and assistants to the
persons mentioned in Clauses 2 and 3 of this Article.
Article 4. The Scope of Operation of this
law
1. The operation of this law shall extend
to the persons occupying positions envisaged in the Roster of Civil Service
Positions in the following bodies:
a) The Staff of the President of the
Republic of Armenia;
b) The Staff of the Government of the
Republic of Armenia;
c) The Staffs of the Republican Executive
Bodies of the Republic of Armenia;
d) The Staffs of the Marzpetarans
[Regional Governor’s Offices] of the Republic of Armenia (the Municipality of
Yerevan);
e) The Staffs of the permanently operating
commissions and councils (including the Civil Service Council) created by the
laws of the Republic of Armenia, with the exception of the Central Bank.
2. The operation of this law shall not
extend to the persons occupying Political and Discretionary Positions, as well
as the Persons Implementing Technical Support, in the bodies envisaged under
Clause 1 of this Article.
Article 5. The Main Principles of the
Civil Service
The main principles of the Civil Service
are:
a) the supremacy of the Constitution and
laws of the Republic of Armenia, the priority of human and citizen`s rights and
liberties;
b) the stability of the Civil Service;
c) the uniformity of the principal
requirements for Civil Servants and the legal equality of Civil Servants before
the law;
d) the openness of the Civil Service;
e)the
political restraint of the Civil Servants;
f) the equal accessibility of the Civil
Service for citizens, equivalent to their professional knowledge and working
skills;
g) the professionalism of the Civil
Servants;
h) the legal and social protection of the
Civil Servants;
i) the mandatory nature of the decisions
made by superior bodies and officials in the prescribed procedure for the Civil
Servants;
j) the responsibility of the Civil Servants
for not performing or improperly performing their service duties;
k) the supervisability of the activity of
the Civil Servants and their being accountable;
Article 6. The Civil Service Legislation
of the Republic of Armenia
1. The relationships connected with the
Civil Service shall be regulated by the Constitution of the Republic of
Armenia, international agreements of the Republic of Armenia, this law, the
normative legal acts of the Civil Service Council, as well as by other legal
acts.
2. The labour relationships of the Civil
Servants shall be regulated by the labour legislation of the Republic of
Armenia, if peculiarities regulating such relations are not defined by the
legislation on the Civil Service.
3. The service relationships among the Civil
Servants shall be regulated by labour disciplinary rules.
The internal labour disciplinary rules of
the Corresponding Body shall be approved by the Chief of Staff on the basis of
the exemplary rules for labour discipline.
Article 7. Exemplary rules for labour
discipline
1. The internal labour disciplinary rules
of the Corresponding Body shall include at least the following:
a) keeping the working regime (start and
end of working hours, interval for rest and lunch).
b) the procedure and conditions for being
present in the Corresponding Body on days off, holidays, and after the end of
working hours.
c) the procedure for communicating orders
and instructions connected with the Civil Service.
d) the time and place for paying the
salary.
e) the general rules for labour and fire
safety.
f) the procedure for informing about
absence from work for good reasons.
2. On employing the Civil Servant, the
Chief of Staff is obligated to acquaint him/her with the internal labour
disciplinary rules, and the Civil Servant is obligated to ratify the fact of
becoming acquainted with his/ her signature.
3. The Chief of Staff shall secure the
possibility for the Civil Servant to become acquainted with the internal labour
disciplinary rules.
CHAPTER TWO
THE CLASSIFICATION OF CIVIL SERVICE
POSITIONS AND THE CLASSIFICATION GRADES OF THE CIVIL SERVANTS
Article 8. Classification of the Civil
Service Positions
1. The Civil Service Positions shall be
classified into groups on the basis of the necessary level of responsibility for
work organization and management, authority to take decisions, contacts and
representations, complexity of issues and the requirement for their creative
solution for the persons occupying the position concerned, as well as their
knowledge and skills.
2. The Civil Service Positions shall be
classified into the following groups:
a) the highest Civil Service Positions;
b) the chief Civil Service Positions;
c) the leading Civil Service Positions;
d) the junior Civil Service Positions.
3. The group of the highest Civil Service
Positions referred to in Clause 2 of this Article shall be broken down into
Subgroups 1 and 2, and the groups of the chief, leading and junior Civil
Service Positions shall be broken down into Subgroups 1, 2 and 3. Subgroup 1 in the groups of Civil Service
Positions is considered the highest subgroup of the given group.
Article 9.
Classification Grades of the Civil Servants
1. The following classification grades
shall be granted to the Civil Servants:
a) The classification grades of State
Counsellor of the 1st and 2nd class of the Civil Service of the
Republic of Armenia shall be granted to the Civil Servants occupying the
highest Civil Service Positions.
b) The classification grades of Counsellor
of the 1st, 2nd and 3rd class of the Civil Service of the Republic
of Armenia, as well as the classification grade of State Counsellor of the 2nd
class of the Civil Service of the Republic of Armenia, shall be granted to the
Civil Servants occupying the chief Civil Service Positions.
c) The classification grades of Leading
Servant of the 1st, 2nd and 3rd class of the Civil Service of the Republic of
Armenia, as well as the classification grade of Counsellor of the 3rd class of
the Civil Service of the Republic of Armenia, shall be granted to the Civil
Servants occupying the leading Civil Service positions.
d) The classification grades of Junior
Servant of the 1st, 2nd and 3rd classes of the Civil Service, as well as the
classification grade of Leading Servant of the 3rd class of the Civil Service of
the Republic of Armenia, shall be granted to the Civil Servants occupying the
junior Civil Service positions.
2. The highest classification grades,
State Counsellor of the 1st and 2nd classes of the Civil Service of
the Republic of Armenia, shall be bestowed by the President of the Republic of
Armenia.
3. The classification grades of Counsellor
of the 1st, 2nd and 3rd class of the Civil Service of the Republic
of Armenia shall be bestowed by the Civil Service Council.
4. The classification grades of Leading
Servant of the 1st, 2nd and 3rd class of the Civil Service of the Republic of
Armenia and of Junior Servant of the 1st, 2nd and 3rd class of the Civil
Service of the Republic of Armenia shall be bestowed by the officials mentioned
in Clause 2 of Article 16 of this law.
5. A corresponding classification grade of
the Civil Service shall be granted to the Civil Servant simultaneously with
making the appointment to the position.
The Civil Servant shall be granted a
higher classification grade as a result of an attestation.
A corresponding classification grade shall
be granted to a person occupying a Civil Service Position for the first time at
the end of the probation period envisaged by this law.
6. The Civil Servant shall be deprived of
the classification grade of the Civil Service if released from office in the
cases envisaged under Items b, c, j, k, l, and o of Clause 1 of Article 34 of
this law.
7. Downgrading of the classification grade
of the Civil Service, with the exception of the classification grade of State
Counsellor of the 1st and 2nd class of the Civil Service of the Republic of
Armenia, shall be performed through judicial procedure.
Article 10.
The Roster of Civil Service Positions
1. The Roster of Civil Service Positions
shall be approved by the Civil Service Council upon presentation by the
officials referred to in Clause 2 of Article 16 of this law.
2. The Roster of Positions to be included
in each group of the Civil Service, as well as that of the equivalent
positions, shall be approved by the Civil Service Council.
Article 11.
The Passport of the Civil Service Position
The Passports of the Civil Service
Positions shall be approved by the officials referred to in Clause 2 of Article
16 of this law, with inclusion of at least the following criteria of work
history and experience.
a) the highest Civil Service Positions
- higher education, at least 2 years of
experience in the chief Civil Service Positions, or at least 5 years of Civil
Service work history and the classification grade of Counsellor of the 3rd
class of the Civil Service, or at least 2 years of work history in Political or
Discretionary Positions during the last 5 years.
b) the chief Civil Service Positions -
higher education, at least 2 years of work history in the leading Civil Service
Positions, or at least 5 years of Civil Service work history and the
classification grade of Leading Servant of the 3rd class of the
Civil Service, or at least 1 year of work history in Political or Discretionary
Positions during the last 3 years, or a scientific degree and at least 3 years
of professional work history.
c) the leading Civil Service Positions -
higher education, at least 2 years of work history in Civil Service Positions,
or at least 1 year of work history in Political or Discretionary Positions
during the last 2 years, or at least 3 years of professional work history.
d) the junior Civil Service positions -
without any requirement for work history and experience.
CHAPTER 3
APPOINTMENT TO THE CIVIL SERVICE POSITION
Article 12. Persons having the right to be
appointed to the Civil Service Position
Citizens of the Republic of Armenia not
envisaged under Article 13 of this law, mastering the Armenian language, having
attained 18 years of age, meeting the requirements established by the Passport
of the given position have the right to be appointed to a Civil Service
Position, regardless of nationality, race, gender, creed, political or other
convictions, social origin, property or other status.
Article 13. Restrictions of the Right to
be Appointed to the Civil Service Position
The person cannot be appointed to a Civil
Service Position, who:
a) has been recognized incapable or of
limited capacity through a judicial procedure;
b) has been deprived of the right to
occupy a Civil Service Position envisaged in the Roster of Civil Service
Positions through a judicial procedure;
c) is suffering from an illness that may
impede the performance of service duties and implementation of authorities in
case of being appointed to a Civil Service Position. The Government of the Republic of Armenia shall approve the list
of those illnesses.
d) has been sentenced for a crime and
whose criminal record has not been removed or cleared by the prescribed
procedure.
e) has avoided the mandatory term of military
service.
Article 14. Notification of the Civil
Service Council about the emergence of a Vacant Civil Service Position
In the event of the emergence of a Vacant
Civil Service Position, the Chief of Staff within a three-day period shall
notify the Civil Service Council about that in writing.
Article 15. Competition for occupying a
Vacant Civil Service Position
1. In the event of the emergence of a
Vacant Civil Service Position, the position shall be occupied through a
competition, with the exception of the case referred to in Article 19 of this
law.
2. The announcement on holding a
competition for occupying the highest and chief Vacant Civil Service Positions
is published by the Civil Service Council, and the announcement for occupying
the leading and junior Civil Service Positions is published by the
Corresponding Bodies no later than one month before holding the competition in
a press outlet having a print-run of at least 3,000 and other mass media.
3. The Preparatory works of the
competition for occupying a Vacant highest and chief Civil Service Position
shall be implemented by the staff of the Civil Service Council, and for
occupying a Vacant leading and junior Civil Service Position by the staff of
the Corresponding Body.
4. The Competition Commission shall not
permit a citizen to participate in the competition if the future work is
connected with immediate subordination or oversight in relation to a close
relative or an in-law (parent, husband, child, brother, sister, parent-in-law,
stepchild, brother-in-law or sister-in-law).
5. The competition shall be held also if
only one participant has applied for the competition.
6. The competition shall be held in two
stages: testing and interview.
7. The testing may be held by computer or
in writing.
Tests shall be constructed out of the
questions installed in the computer and 100 questions selected randomly from
these by the procedure determined by the Civil Service Council for checking the
participants` knowledge in the following areas:
a) the Constitution of the Republic of
Armenia;
b) the legislation on the Civil Service of
the Republic of Armenia;
c) the requirements envisaged by the
Passport of the Civil Service Position
concerned;
d) the legislation of the Republic of
Armenia defining the jurisdiction of the Corresponding Body;
e) checking logic and the ability to
orientate in different situations.
The list of the questions installed in the
computer shall be published no later than one month before the competition.
Test assignments shall comprise questions
and problems. Each question (problem)
shall have three or four probable answers.
Each question (problem) shall have one unambiguous answer.
8. Those participants who answered
correctly at least 90 per cent of the test assignments obtain the right to
participate in the second stage of the competition - the interview.
The interview with the participants shall
be held with the purpose of checking their practical skills in regard to the
authorities defined by the Passport of the given Civil Service Position.
The Competition Commission in the result
of the interview shall conduct a closed secret vote for each participant. Each member of the Competition Commission
shall vote for or against.
The winners of the competition shall be
considered those participants who received more than half of the votes of the
members having participated in the vote of the Competition Commission as a
result of the closed secret vote.
9. The competition results shall be
published officially within a three-day period after holding the competition,
in a press outlet having a print-run of at least 3,000 and other mass
media. If no application is submitted
for appealing the results of the competition within a three-day period after
official publication of the results, the corresponding Competition Commission
shall forward a conclusion on the participants selected as winners as a result
of the competition to the official having the jurisdiction to make appointments
to the position concerned.
10. If as a result of the competition no participant
has given correct answers to at least 90 percent of the test assignments, or no
interview participant has received more than half of the votes as a result of
the closed secret voting of the members of the Competition Commission having
participated in the vote, then no competition winner shall be recognized as the
result of the competition and a second competition shall be held.
11. If no application was submitted for
participating in the competition, or none of the applications submitted
satisfied the requirements defined in this Article, the competition shall be
considered not held and a second competition shall be held.
12. A competition held in violation of the
procedure defined in this Article shall be ruled invalid through judicial
procedure.
A second competition shall be also held in
the case the competition has been ruled invalid.
13. A second competition shall be held on
common grounds.
14. In the event the second competition is
also ruled not held (invalid), or no winner is recognized as a result of the
second competition, then the new competition for occupying the given Vacant
Civil Service Position shall be announced two months after the second
competition.
15. The Civil Service Council shall
determine the procedure for holding a competition on the basis of this law.
Article 16. Appointment to the Civil
Service Position
1. The person appointed to the Civil
Service Position shall be unchangeable.
2. Appointments to and releases from the
highest Civil Service Positions shall be made by the following persons:
a) President of the Republic of Armenia -
in the Staff of the President of the Republic of Armenia;
b) Prime Minister of the Republic of
Armenia- in the Staff of the Government of the Republic of Armenia;
c) Heads of the Republican Executive
bodies of the Republic of Armenia - in the staffs of those bodies;
d) Marzpets (Mayor of the City of
Yerevan)- in the Staffs of the Marzpetarans of the Republic of Armenia (the
Municipality of the City of Yerevan);
e) Heads of the Standing Commissions
(Councils) formed by Laws of the Republic of Armenia - in the staffs of those
Standing Commissions (Councils);
3. Appointments to and releases from the
chief, leading and junior Civil Service Positions shall be made by the
following persons:
a) the Chief of Staff of the President of
the Republic of Armenia - in the staff of the President of the Republic of
Armenia
b) the Chief of Staff of the Government of
the Republic of Armenia - in the staff of the Government of the Republic of
Armenia;
c) the Chiefs of Staff of the Republican
Executive bodies of the Republic of Armenia - in the staffs of those bodies;
d) the Chiefs of Staff of the Marzpetarans
of the Republic of Armenia (of the Municipality of Yerevan) - in the staffs of
the Marzpetarans (the Municipality of Yerevan) of the Republic of Armenia;
e) the Chiefs of Staff of the Standing
Commissions (Councils) created by the laws of the Republic of Armenia - in the
staffs of those Standing Commissions (Councils).
4. The appointment to the Civil Service
Position out of the participants recognized as winners as the result of the
competition envisaged in Article 15 of this law shall be made within a
three-day period after receiving the conclusion under Clause 9 of Article 15 of
this law.
5. The appointment of a person occupying a
Civil Service Position for the first time shall be made for the probation
period of up to six months in accordance with the procedure defined by the
labour legislation of the Republic of Armenia.
Article 17. Oath of the Civil Servant upon
Appointment to the Civil Service Position
1. The person occupying a Civil Service
Position for the first time shall assume office in a solemn ceremony with the
following oath given in the presence of the official with the jurisdiction to
appoint him/her to office and a representative of the Civil Service Council:
“Upon assuming the position of the Civil Servant of the Republic of Armenia I
solemnly swear to serve the people of the Republic of Armenia faithfully,
maintain strictly the Constitution and laws of the Republic of Armenia, the
human and citizen rights, liberties and lawful interests, assist in maintaining
the Constitutional order, bear the high title of the Civil Servant with
dignity, unreservedly perform my service duties.”
2. Each Civil Servant shall take the oath
individually through reading out loud the text of the oath.
3. The Civil Servant shall sign the text
of the oath read out loud by him/her.
4. An entry on taking the oath by the
Civil Servant shall be made in his/her personal file.
Article 18.
The Civil Service Work History
1. The Civil Service work history includes
the entire period of occupying the Civil Service Position by the Civil Servant
and of his/her being enlisted in the Civil Service Personnel Reserve, as well
as the entire period of his/her having worked in Corresponding Bodies before
the entry into force of this law.
2. The Civil Service work history shall be
calculated within the Civil Servant’s general and professional work history.
3. In case of secondment of the Civil Servant
through the defined procedure with the purpose of improving professional
knowledge and working skills the following shall be preserved:
a) the Civil Service Position, monetary
satisfaction and the Civil Service work history, in case of secondment of up to
one year, with permission of the official having jurisdction to appoint him/her
to the position.
b) the Civil Service Position and the
Civil Service work history in case of secondment from one to three years, with
permission of the official having jurisdiction to appoint him/her to the
position, in agreement with the Civil Service Council.
4. In the event of a secondment for more
than three years with permission of the Civil Service Council, the Civil
Servant shall be released from the position occupied, and the work history of
the period of secondment (training period) shall be made equal to the Civil
Service work history.
5. The work history of the period of
occupying Political and Discretionary Positions of the person released from the
Civil Service Position on the grounds envisaged in Subclause h of Clause 1 of
Article 34 shall be made equal to the Civil Service work history.
Article 19. Conclusion of a Term
Employment Contract with the Civil Servant and Mandatory Secondment of the
Civil Servant
1. In the event of the emergence of a
temporarily Vacant Civil Service Position (pregnancy and childbirth leave,
mandatory military service, cases under Points a and b of Clause 3 of Article
18 and other cases envisaged by law), of no candidate being selected as a
result of the competition for occupying the Civil Service Position, as well as
of the Civil Servant’s temporary inability to perform his/her service duties,
the position in question shall be occupied through the following:
a) conclusion of a term employment
contract with a Civil Servant enlisted in the Civil Service Personnel Reserve
and meeting the requirements in the Passport of the given position, but if
impossible
b) mandatory secondment of another Civil
Servant occupying an equivalent Civil Service Position for a period of no more
than six months.
2. The Civil Service Council shall define
the procedure for concluding a term employment contract with the Civil Servant
and for the mandatory secondment of the Civil Servant on the basis of this law.
CHAPTER 4
ATTESTATION, TRAINING OF THE CIVIL
SERVANTS
AND THE CIVIL SERVICE PERSONNEL RESERVE
Article 20. Attestation of the Civil
Servant
1. Every year at least one third of the
Civil Servants of the Corresponding Body shall be subject to mandatory
attestation.
2. Regular attestation of the Civil
Servant shall be carried out once every three years.
3. Extraordinary attestation of the Civil
Servant shall be carried out at least one year after the regular attestation.
4. Extraordinary attestation of the Civil
Servant shall be carried out on the basis of a reasoned order by the official
having jurisdiction to appoint him/her to the position, or at the Civil
Servant’s wish.
5. The attestation shall be carried out
with the immediate participation of the Civil Servant.
6. The following persons shall not be
subject to attestation:
a) the Civil Servants occupying the given
position for less than one year, if they have not expressed such a wish;
b) the Civil Servants on pregnancy leave
or on leave for care of a child under age 3, if they have not expressed such a
wish.
The Civil Servants on pregnancy leave or
on leave for child care shall be subject to attestation no sooner than one year
after coming back from the leave of absence, if the latter have not expressed a
wish for an earlier attestation.
The Civil Servants subject to attestation
but on leave, on secondment, as well as temporarily unable to work, are subject
to attestation within one month after coming back to work.
7. The Civil Servants subject to attestation
shall be informed about the attestation and the timetable no later than one
month before the attestation.
8. At least two weeks before the
attestation the immediate manager shall forward the service description of the
Civil Servant.
The service description shall contain
information on the Civil Servant, a well-grounded assessment of his/her
practical, human skills and the service activity results. The assessment shall be based upon the
conclusions by the immediate manager of the Civil Servant on the reports
produced by the Civil Servant each quarter regarding the works performed by
himself/ herself in the period after the previous attestation.
If the immediate manager of the Civil
Servant has been released from the Civil Service Position within the period
between the attestations on the grounds of non-conformity to the position
occupied as revealed in the result of the attestation (in the case of managers
occupying Political and Discretionary Positions, on the grounds of dismissal or
removal), the conclusions made by the latter shall have no legal force. If the conclusions given by such a manager
include more than two thirds of the period between attestations, then the
service description on the Civil Servant shall not be submitted.
The Civil Servant shall become acquainted
with the service description at least one week before the attestation, about
which the Civil Servant shall sign on the description paper in the space left
for that purpose.
Failure to submit a service description by
the procedure defined in this Article cannot have a negative effect on the
Civil Servant’s attestation results.
9. Attestation shall be held in two ways:
documentary and testing.
10. The Civil Servants who have the
highest Civil Service classification grade envisaged by this law for the group
of the position occupied shall be subject to documentary attestation.
Documentary attestation shall be held on
the basis of the service description.
In case of a failure to submit a service
description by the procedure defined in this Article, the Civil Servant shall
be subject to attestation through testing.
As a result of documentary attestation the
Attestation Commission shall adopt one of the following decisions:
a) conforms to the position occupied.
b) is subject to attestation through
testing.
11. The following persons shall be subject
to attestation through testing:
a) the Civil Servants not subject to
documentary attestation;
b) the Civil Servants in regard to whom
the Attestation Commission has adopted the decision mentioned in Subclause b of
Clause 10 of this Article.
Testing may be held by computer or in
writing.
The tests are produced and the results
assessed by the Attestation Commission by the procedure defined in Article 15
of this law.
12. The Attestation Commission shall adopt
one of the following decisions on the basis of the testing results:
a) grant a higher classification grade;
b) conforms to the position occupied;
c) conforms to the position occupied, on
the condition of undergoing training and receiving a positive grade as the
result of the training.
d) does not conform to the position
occupied.
13. The attestation results shall be
submitted to the official having jurisdiction to appoint the Civil Servant to
the position, who shall adopt one of the following decisions:
a) on granting a corresponding higher
Civil Service classification grade to the Civil Servant;
b) on training of the Civil Servant;
c) on releasing the Civil Servant from the
position occupied. Such a decision
shall be made also in case the Civil Servant receives a negative grade as a
result of the training.
14. The head of the Corresponding Body on
the basis of the attestation results shall adopt a corresponding decision no
later than within a three-day period from the day of the Civil Servant’s attestation.
15. The period of the Civil Servant’s
temporary disability to work and that of his/her leave of absence, as well as
the training period, shall not be included in the period noted in Clause 14 of
this Article.
16. The Civil Service Council shall define
the procedure for conducting attestation of Civil Servants on the basis of this
law.
Article 21. Training of the Civil Servant
1. Training of the Civil Servant shall be
held on the basis of the attestation results of the Civil Servant, in case of changing
the passport of the given Civil Service Position, as well as on the basis of
the application of the Chief of Staff.
2. Every Civil Servant shall be subject to
mandatory training at least once every three years.
3. The expenses connected with the training
of Civil Servants shall be made at the expense of the resources of the state
budget, as well as at the expense of other resources not prohibited by the
legislation of the Republic of Armenia.
4. The Civil Service Council shall approve
the list of educational institutions conducting training of Civil Servants and
the training syllabus to be used by those institutions for training of Civil
Servants.
5. The Civil Service Council shall
determine the procedure for conducting training of Civil Servants on the basis
of this law.
Article 22. The Civil Service Personnel
Reserve
1. The following persons shall be enlisted
in the Civil Service Personnel Reserve:
a) the persons released from the Civil
Service Position on the grounds envisaged in Subclauses d, f and g of Clause 1
of Article 34 of this law;
b) the persons released from the Civil
Service Position on the ground envisaged in Subclause h of Clause 1 of Article
34 of this law, after the end of their term of office in Political or
Discretionary Positions, with the exception of the cases of dismissal and
removal;
c) the persons released from the Civil
Service Position after the end of the secondment on the ground envisaged in
Subclause o of Clause 1 of Article 34 of this law;
2. The maximum one-time period for the
Civil Servant to be enlisted in the Civil Service Personnel Reserve shall be
six months, but not more than his/her having attained age 65.
3. The Civil Service Council shall define
the procedure for enlisting in the Civil Service Personnel Reserve and of
removal therefrom on the basis of this law.
CHAPTER 5
THE LEGAL STATUS OF CIVIL SERVANTS
Article 23. The Principal Rights of the
Civil Servant
The principal rights of the Civil Servant
are:
a) getting acquainted with the legal acts defining his/her rights and duties in the position occupied;
b) getting acquainted with all the
materials contained in his/her personal file, the assessments of his/her
activities and other documents, as well as presenting explanations;
c) receiving by the defined procedure
information and materials necessary for the performance of his/her service
duties;
d) adopting decisions and participating in
discussions of issues by the procedure prescribed;
e) demanding a service investigation with
the purpose of removing any in his/her opinion ungrounded accusations or
suspicions in regard of him/her, or in cases of applying disciplinary penalties
towards him/her;
f) protection of work, monetary
satisfaction and health, the ensuring of safe and necessary working conditions;
g) social protection and security;
h) legal protection, including from
political persecutions;
i) upgrading of the Civil Service
classification grade by the defined procedure;
j) training at the expense of the
resources of the state budget, as well as resources not prohibited by the
egislation of the Republic of Armenia;
k) appealing the results of the
competition and attestation, including through judicial procedure;
l) submitting proposals on the
organisation and improvement of the Civil Service;
m) other rights envisaged by this law and
other legal acts;
Article 24. The Principal Duties of the
Civil Servant
1. The principal duties of the Civil
Servant are;
a) performing the requirements of the
Constitution, the laws and other legal acts of the Republic of Armenia;
b) ensuring professional and other necessary knowledge;
c) performing the duties assigned to
him/her by the legislation of the Republic of Armenia in an accurate and timely
manner;
d) performing the assignments and
decisions given by superior bodies and officials by the defined procedure;
e) following labour disciplinary rules;
f) reviewing and taking action on
proposals, petitions and complaints by the procedure and within the time period
defined;
g) keeping state, service and other
secrets protected by law, including after the end of office by the procedure
defined by law;
h) following the ethics rules for the
Civil Servant approved by the Civil Service Council;
i) submitting the declaration of his/her
revenues by the procedure defined by law;
j) other duties provided by this law and
other legal acts.
2. The concrete duties of the Civil
Servant arising from the principal duties defined by this law shall be defined
by the Passport of the corresponding Civil Service Position.
Article 25. Restrictions applied to the
Civil Servant
1. The Civil Servant shall not have the
right to:
a) perform other paid work, with the
exception of scientific, pedagogical, and creative work;
b) be personally engaged in
entrepreneurial activity;
c) be the representative of third persons
in the relations connected to the body where he/she is employed, or which is
immediately subordinate to or supervised by himself/herself;
d) implement violations of the principle
of the political restraint of the Civil Servants, that is, to use his/her
service position in the interests of parties, non-governmental organizations,
including religious associations, proselytise in their favour or implement
other political or religious activities;
e) take business trips at the expense of
other persons in the cases not stipulated by the legislation of the Republic of
Armenia;
f) violate the requirements determined by
the legislation of the Republic of Armenia concerning working with documents
containing a state, service or other secret protected by law, including
refusing to undergo the defined procedure for drawing up permission to deal
with such secret;
g) receive an honorarium for publications
or speeches arising from the performance of his/ her service duties;
h) use material and technical, financial
and information resources, other state property and service information for
non-service purposes;
i) receive gifts, amounts of money or
services from other persons for his/her service duties, with the
exception of the cases envisaged by the legislation of the Republic of Armenia;
k) as a state representative, conclude
property transactions with the persons noted in Clause 3 of this Article,
except for the cases envisaged by the legislation of the Republic of Armenia.
2. Within a period of one month after
appointment to a Civil Service Position, a Civil Servant, in case of having 10
% and more shares in the statutory capital of any commercial organization, is
obligated to hand it over for entrusted management by the procedure defined by
the legislation of the Republic of Armenia.
The Civil Servant shall have the right to receive income from the
property handed over for entrusted management.
3. It is forbidden to the Civil Servant to
work together with close relatives or in-laws (parent, spouse, child, brother,
sister, spouse’s parent, child, brother and sister), if their service is
connected with direct subordination to or supervision over one another.
4. The Civil Servant shall not have the
right to become employed by an employer or become an employee of an
organization over which he/she had implemented immediate control for the last
year of holding the Civil Service Position within a period of one year after
his/her release from the Civil Service Position.
Article 26.
Restrictions for giving Assignments to the Civil Servants
1. Civil Servants cannot be given such
oral or written assignments which:
a) contradict the Constitution and laws of
the Republic of Armenia;
b) are beyond the authorities of either
the issuer or the receiver thereof.
2. In the cases of issuing assignments in
violation of Clause 1 of this Article, the Civil Servant is obligated to
immediately report in writing on his/her doubts on the lawfulness of the
assignment to the issuer thereof and to the superior of the latter, or to the
persons substituting for them. If the
superior, and in case of his/ her absence, the person substituting for him/her
or the one who had given the assignment affirm the assignment in writing, the
Civil Servant shall be obliged to perform it and inform the Civil Service
Council about that in writing, with the exception of cases when the performance
of the assignment will lead to criminal or administrative liability determined
by the legislation of the Republic of Armenia.
The liability for the performance of the assignment by the Civil Servant
shall rest upon the person having affirmed it in writing.
Article 27 Social Guarantees for the Civil
Servant
1. The state shall guarantee the following
for the Civil Servant:
a) safe and necessary working conditions
for the performance of service duties;
b) monetary satisfaction, bonuses for
classification grade and other payments envisaged by the legislation of the
Republic of Armenia;
c) an annual paid vacation;
d) training, keeping the position in the
meantime and the monetary satisfaction envisaged for that;
e) mandatory state social insurance in the
cases and by the procedure defined by law;
f) in the event of the Civil Servant’s
disability or death while performing service duties, corresponding financial
compensation to the Civil Servant or to his/her family members by the procedure
defined by the legislation of the Republic of Armenia;
g) on the basis of the application by the
Civil Servant, ensuring of protection for himself/herself and his/her family
members from violence, intimidation and other encroachments connected with the
performance of his/her service duties;
h) reimbursement of transportation,
accommodation and other expenses connected with service business trips by the
procedure defined by the legislation of the Republic of Armenia;
2. The Civil Servant shall be given a
means of transportation or reimbursement of transportation expenses in the
cases and by the procedure defined by the legislation of the Republic of
Armenia.
Article 28.
Monetary Satisfaction of the Civil Servant
1. Each Civil Servant, without any
discrimination, shall have the right of equivalent monetary satisfaction
equivalent to his/her work.
2. The Civil Servant, including one
enlisted in the Civil Service Personnel Reserve, shall receive monetary
satisfaction by the procedure and within the time-period defined by the Law on
Monetary Satisfaction of the Civil Servants.
Article 29.
Social Security of the Civil Servant
The social, including retirement, security
of the Civil Servant shall be provided by the procedure defined by the
legislation of the Republic of Armenia.
Article 30. Legal Status of the Civil
Servant during Reorganization of the Corresponding Body
Restructuring of the Corresponding Body
shall not serve as a ground for releasing the Civil Servant from his/her
position, with the exception of cases when the reorganization is accompanied by
a reduction in the number of positions.
In case of reduction of the number of positions, the right of priority
to continue the work activity shall be given to the Civil Servant having a
higher classification grade.
Article 31. Personal File of the Civil
Servant and the Register of Civil Servants
1. The course of the service activity of
the Civil Servant shall be reflected in his/her personal file, which is
maintained by the Corresponding Body.
2. The information on the Civil Servants
shall be entered in the Register of Civil Servants, which is maintained by the
Civil Service Council.
3. The Civil Service Council shall approve
the procedure for maintaining the personal files of Civil Servants and the
Register of Civil Servants.
CHAPTER 6
INCENTIVES FOR CIVIL SERVANTS, SUBJECTING
THEM TO DISCIPLINARY PENALTIES AND REMOVING FROM THE POSITION
Article 32. Types of incentives applied to
the Civil Servant
1. The following types of incentives may
be applied to a Civil Servant for lengthy service, as well as for excellent
performance of service duties and special assignments:
a) citation of gratitude;
b) award of a one-time financial remuneration;
c) award of a souvenir;
d) provision of additional paid leave;
e) salary raise in the procedure defined
by law;
f) other types of incentives defined by
law.
2. The incentives to the Civil Servant
envisaged in Clause 1 of this Article shall be applied by the official who has
the jurisdiction to appoint him/her to the position.
Article 33. Disciplinary Penalties applied
to the Civil Servant
1. The following disciplinary penalties
shall be applied to the Civil Servant by the procedure defined by the legislation
of the Republic of Armenia for not performing or improperly performing service
duties for an invalid reason, as well as for exceeding service authorities,
violating the rules of labour discipline:
a) preliminary warning;
b) reprimand;
c) severe reprimand;
d) salary reduction by the procedure
defined by law;
f) revmoal from the position occupied,
with the agreement of the Civil Service Council.
2. Before assigning a disciplinary penalty
an explanation shall be demanded from the Civil Servant who has allowed the
disciplinary violation.
The disciplinary penalty shall be assigned
if no more than one month has passed from the day of discovering the
disciplinary violation, not counting any illness or leave of absence.
A disciplinary penalty cannot be assigned
if more than six months have passed from the day of committing the disciplinary
violation.
The disciplinary penalty shall be
announced through an order and communicated to the Civil Servant no later than
within a three-day period after assigning the disciplinary penalty, taking a
signature from him/her.
For each disciplinary violation one
disciplinary penalty may be assigned.
If the Civil Servant has not been
subjected to another disciplinary penalty within one year from the day of
assigning the disciplinary penalty, he/she shall be considered not subjected to
a disciplinary penalty. The
disciplinary penalty may be removed before the end of one year, if the Civil
Servant has not allowed another disciplinary violation and had showed
himself/herself as a diligent servant.
3. The disciplinary penalties envisaged in
Clause 1 of this Article shall be applied to the Civil Servant by the official
having jurisdiction to appoint him/her to the position.
4. In the cases and through the procedure
established by the Civil Service Council, the disciplinary penalties envisaged
in Clause 1 of this Article shall be applied after the service investigation.
5. During the service investigation the
performance of the service duties of the Civil Servant may be suspended for a
period of up to one month, preserving the monetary satisfaction of the Civil
Servant.
Article 34. The Grounds for relieving the
Civil Servant from the Position
1. The grounds for relieving the Civil
Servant from the position are:
a) the personal application;
b) failure to submit declaration of
his/her revenues by the procedure envisaged by law;
c) a second application of one of the
disciplinary penalties under Subclauses b, c, or d of Clause 1 of Article 33 of
this law within one year;
d) expiration of the term employment
contract under Article 19 of this law;
e) determining non-conformity to the
position occupied as a result of attestation;
f) reduction in number of positions and
liquidation of the Corresponding Body;
g) failure to appear at work more than six months in one year due to
temporary work disability, not counting pregnancy and childbirth leave;
h) election or appointment to Political or
Discretionary Positions;
i) violation of the procedure defined by
this law for appointment to the Civil Service Position;
j) failure to maintain the restrictions
envisaged in Clauses 1-3 of Article 25 of this law;
k) termination of the citizenship of the
Republic of Armenia;
l) being sentenced to imprisonment;
m) reaching the maximum age defined by
this law for occupying a Civil Service Position;
n) failing the probation period defined by
this law;
o) the case envisaged in Clause 4 of
Article 18 of this law;
p) being recognized through judicial
procedure as incapable or of limited capacity to work;
q) being deprived of the right to occupy a
Civil Service Position through judicial procedure;
r) catching one of the illnesses envisaged
in Subclause c of Article 13 of this law;
s) other grounds defined by law.
2. The duties of the Civil Servant shall
be considered terminated in the event of his/ her death.
3. Pregnant Civil Servants as well as
those looking after children up to age 3 shall not be relieved from a Civil
Service Position occupied on the grounds envisaged in Subclauses e, f , g and n
of this Article.
3. The Civil Servant shall be released
from his/her position by the official having jurisdiction to appoint him/her to
the position.
Article 35. Maximum Age for occupying a
Civil Service Position
1. The maximum age for occupying a Civil
Service Position shall be 65 years.
2. In case of attaining the maximum age
for occupying a Civil Service Position, by decision of the official having
jurisdicton to appoint to the position and agreement of the Civil Service
Council, the Civil Servant may continue to occupy his/her position for up to
three more years.
Article 36. Appealing the Decision on
releasing from the Civil Service Position
1. The Civil Servant may appeal the
decision on releasing him/her from the Civil Service Position through judicial
procedure.
2. In the event of recognizing the
decision on releasng the Civil Servant from the Civil Service Position as
illegal, the Civil Servant shall be restored in his/her position within five
days after the court decision enters into legal force and receive a compensation
for the forced leave in the manner and in the amount defined by the legislation
of the Republic of Armenia.
CHAPTER 7
THE BODIES FOR THE MANAGEMENT AND
ORGANIZATION OF THE CIVIL SERVICE
Article 37. The Bodies for the Management
and Organization of the Civil Service
The following shall be the bodies for the
management and organization of the Civil Service:
1. the Civil Service Council;
2. the Chiefs of Staff.
Article 38. The Civil Service Council
1. The Civil Service Council shall
implement the uniform state policy of the Civil Service.
2. The Civil Service Council shall:
a) implement methodical management and
supervision over the personnel activities of the Corresponding Bodies;
b) apply to court for eliminating acts
contradicting the requirements of the Civil Service legislation;
c) submit suggestions on the Civil Service
issues arising during reorganization and liquidation of the Corresponding
Bodies;
d) review suggestions, applications and
complaints relating to the Civil Service by the procedure defined by the
legislation of the Republic of Armenia;
e) conduct service investigation in the
defined cases and procedure;
f) agree to applying a second disciplinary
penalty to the Civil Servant within one year and his/her dismissal from office;
g) receive necessary information and
materials related to the Civil Service from Corresponding and other Bodies;
h) approve the procedure for using
financial resources by the Civil Service Council;
i). submit drafts of corresponding legal
acts related to the Civil Service for discussion to the President of the
Republic of Armenia, the Government of the Republic of Armenia and the Prime
Minister of the Republic of Armenia;
j) adopt normative legal acts envisaged by
this law, as well as ones for securing the execution of this law;
k) implement other authorities envisaged
by this law, other laws, legal acts arising therefrom and its Charter.
3. The Chairman of the Civil Service
Council shall participate in the sessions of the Government of the Republic of
Armenia with an advisory vote.
4. The organizational and technical
security of the Civil Service Council shall be implemented by the staff of the
Civil Service Council.
5. The Civil Service Council shall be
financed at the expense of the resources of the state budget, as well as other
resources not prohibited by law.
The list of the number of positions of the
Civil Service Council and its staff, the sizes of their salaries and bonuses
shall be approved by the Civil Service Council.
The staff of the Civil Service Council
shall produce and submit its application for budgetary financing each year
(Draft Estimate of Expenses of the Civil Service Council) for the coming year
to the Ministry of Finance and Economy by the procedure defined by the Law of
the Republic of Armenia On the Budgetary System of the Republic of Armenia and
within the time limits under the Decree of the Prime Minister of the Republic
of Armenia on starting the budgetary process for the coming year.
Reconciliation of the indicators of the
application for budgetary financing of the Civil Service Council and
incorporation of these into the draft State Budget shall be implemented through
the procedure defined by the Law of the Republic of Armenia On the Budgetary
System of the Republic of Armenia.
The copy of the application for budgetary
financing of the Civil Service Council presented to the Government of Armenia
shall, together with the draft State Budget for the coming year, be presented
to the National Assembly of the Republic of Armenia.
In the expense section of the State Budget
the expenses of the Civil Service Council are presented as a separate line
item.
6. The Civil Service Council shall approve
its Charter and its staff’s organizational structure, charter and maximum
number of employees.
7. The activities and decisions of the
Civil Service Council shall be subject to appeal through judicial procedure in
the manner defined by the legislation of the Republic of Armenia.
8. The Civil Service Council shall submit
annual communications on its activities to the National Assembly of the
Republic of Armenia.
Article 39. Composition of the Civil
Service Council
1. The Civil Service Council shall consist
of seven members: Chairman, Deputy Chairman and five members.
2. The members of the Civil Service Council
shall be appointed to office and relieved therefrom by the President of the
Republic of Armenia upon submission by the Prime Minister of the Republic of
Armenia.
3. The members of the Civil Service
Council, except for the first members of the Civil Service Council, shall be
appointed for six years.
4. Those citizens of the Republic of
Armenia who have higher education, work experience in the state administration
and master the Armenian language can be appointed members of the Civil Service
Council.
5. The positions of the Civil Service
Council members shall be considered civil positions.
6. The work history of the Civil Service
Council members shall be equalised to the work history in the Civil Service.
7. The Civil Service Council members
cannot occupy any other position or perform any other paid work, except for
academic, pedagogical and creative work during their term of office.
8. The authorities of the Civil Service
Council members shall terminate:
a) on the basis of a personal application;
b) in case of completing the term of
office;
c) in case of impossibility to perform
his/her duties due to work disability for three months uninterrupted, not
counting pregnancy and child-birth leave;
d) in case of terminating the citizenship
of the Republic of Armenia;
e) in case of an accusatory court sentence
on them entering into legal force;
f) in case of judicial recognition as
incapacitated or missing;
g) in case of occupying another position;
h) in case of violating the law.
The duties of the Civil Service Council
members shall be considered terminated in case of their death.
In case of early termination of the
authorities of a Civil Service Council member, another appointment to the
position in question shall be made for the rest of that member’s term of office.
Article 40. The Chief of Staff
1. The Chief of Staff, with the exception
of the Chief of Staff of the President of the Republic of Armenia and the Chief
of Staff of the Government of the Republic of Armenia, shall be a Civil
Servant.
2. The Chief of Staff shall be guided by
the legislation on the Civil Service for organization of the Civil Service.
3. The authorities of the Chief of Staff
shall be defined by this law, the Charter of the Corresponding Body and other
legal acts.
Article 41.
Competition and Attestation Commissions of the Civil Service
1. The competition to occupy Civil Service
Positions and attestation of the Civil Servants shall be carried out
respectively by the Civil Service Competition and Attestation Commissions.
2. The competitions to occupy the highest
and chief Civil Service Positions and attestation of the Civil Servants
occupying those positions shall be conducted by Competition and Attestation
Commissions formed by the Civil Service Council.
3. Competitions to occupy the leading and
junior Civil Service Positions and attestation of the Civil Servants occupying
those positions shall be conducted by Competition and Attestation Commissions
formed by Corresponding Bodies.
4. The compositions of the Civil Service
Competition and Attestation Commissions shall be selected from the candidates
input in the computer for that purpose and randomly selected no sooner than 18
hours before the competition or attestation, with the following ratio:
one third - representatives from the Civil
Service Council;
one third - representatives from
Corresponding Bodies;
one third - representatives from academic
institutions and public associations of the given area.
5. The Civil Service Council and
Corresponding Bodies shall approve respectively the working procedures of the
Civil Service Competition and Attestation Commissions.
CHAPTER 8
SOLUTION OF
DISPUTES AND RESPONSIBILITY FOR VIOLATING THE LEGISLATION ON THE CIVIL SERVICE
Article 42.
Solution of Disputes and Responsibility for violating the Legislation on the
Civil Service
1. Disputes related to the application of
the legislation on the Civil Service shall be solved by the procedure defined
by the legislation on the Civil Service, as well as through judicial procedure.
2. The persons violating the legislation
on the Civil Service shall bear responsibility through the procedure defined by
the legislation of the Republic of Armenia.
CHAPTER 9
CLOSING AND TRANSITIONAL PROVISIONS
Article 43. Entry of this law into force
This law shall enter into force from the
moment of official promulgation.
Article 44.
Conforming other legal acts to this law
Within six months after the entry of this
law into force conform to this law the legal acts containing norms regulating
the Civil Service and relationships connected therewith. Before that, they shall operate insofar as
they do not contradict this law.
Article 45. Formation of the Civil Service
Council
1. The period of authorities of the first
members of the Civil Service Council shall be defined as follows:
a) one year - for one member;
b) two years - for two members;
c) three years - for one member;
d) four years - for one member;
e) five years - for one member, the Deputy
Chairman of the Civil Service Council;
f) six years - for one member, the Chairman
of the Civil Service Council.
The President of the Republic of Armenia
upon the presentation by the Prime Minister of the Republic of Armenia shall
approve the first membership of the Civil Service Council within a 20-day
period after the date of the entry into force of this law.
2. The Civil Service Council shall approve
the Charter of the Civil Service Council within a one-month period after the
date of approval of the first members of the Civil Service Council.
3. Before making appointments to the Civil
Service Positions in the staff of the Civil Service Council by the procedure
defined by this law, the Chairman of the Civil Service Council shall sign term
employment contracts by the procedure defined by the legislation of the
Republic of Armenia.
Article 46. Determining the Staff Position
Units for the Chief of Staff
In the procedure established by the
legislation of the Republic of Armenia the staff position units for Chiefs of
Staff in the Corresponding Bodies shall be determined and corresponding
appointments made within two months` time after the entry of this law into
force.
Article 47. Adopting Legal Acts arising from this law
The legal acts arising from this law shall
be adopted by the Government of the Republic of Armenia and the Civil Service
Council within six months` time after the entry of this law into force.
Article 48. Approving the Roster of Civil
Service Positions
The Roster of Civil Service Positions
shall be subject to approval by the defined procedure beginning with the first
day of the eighth month after the entry of this law into force.
Article 49. Approving the List of Number
of Positions, the maximum number of employees and Passports of the Civil
Service Positions of the Corresponding Bodies
1. The list of the number of positions,
maximum number of employees and Passports of the Civil Service Positions of the
Corresponding Bodies shall be subject to approval (change) within one month
after the approval of the Roster of Civil Service Positions by the procedure
defined by the legislation of the Republic of Armenia.
2. In case there is a reduction of the
number of positions in the Corresponding Bodies, the working rights and
guarantees of the employees subject to release from those bodies shall be
secured by the procedure defined by the legislation of the Republic of Armenia.
Article 50. Restrictions for Appointments
to Civil Service Positions in the Corresponding Bodies after the Approval of
the List of Number of Positions
Within two months after the approval
(change) of the list of the number of positions in the Corresponding Bodies
envisaged by Article 49 of this law only the employees with termless employment
contracts may be appointed to the positions envisaged in the Roster of Civil
Service Positions.
Article 51. Considering the employees of
the Corresponding Bodies Civil Servants
1. In the Corresponding Bodies the
employees occupying Civil Service Positions envisaged in the Roster of Civil
Service Positions shall be considered Civil Servants beginning with the first day
of the eleventh month after the date of entry of this law into force.
2. The employees of the Corresponding
Bodies shall be considered Civil Servants by the procedure defined by this
Article, taking into account the requirements of Articles 11 - 13, Clause 3 of
Article 25 and Article 35 of this law.
3. The corresponding first Civil Service
classification grade shall be granted to the employees of the Corresponding
Bodies recognized as Civil Servants by the procedure defined by this Article as
the result of the first attestation under this law.
4.Beginning with the first day of the
eleventh month after the entry of this law into force, in case of the emergence
of a Vacant Civil Service Position in the Corresponding Bodies that position
shall be occupied through a competition.
Article 52. Dissolution of term employment
contracts in the Corresponding Bodies
The term employment contracts concluded
with the employees occupying the Civil Service Positions under the Roster of
Civil Service Positions in the Corresponding Bodies shall be considered
dissolved beginning with the first day of the ninth month after the entry of
this law into force, if in the contracts any earlier dates for their
dissolution are not mentioned.
Article 53. The Competition conducted for
occupying Civil Service Positions in the Staff of the Civil Service Council
The competition for occupying Civil
Service Positions in the Staff of the Civil Service Council shall be conducted
by the procedure defined by this law, and the corresponding appointments shall
be made during the eighth month after the entry of this law into force.
Article 54. The first training of the
Civil Servants of the Corresponding Bodies
The first training of the Civil Servants
of the Corresponding Bodies shall be held in accordance with the syllabus
developed by the Public Administration School of the Republic of Armenia and
approved by the Civil Service Council, beginning with the first day of the
eleventh month after the entry of this law into force.
Article 55. The first attestation of the
Civil Servants of the Corresponding Bodies
The first attestation of the Civil
Servants in the Corresponding Bodies having undergone training shall be held
beginning with the first day of the thirteenth month after the entry of this
law into force.
Article 56 Consideration of the previously
applied Disciplinary Penalties
When releasing the Civil Servant from
his/her position on the grounds mentioned in Subclause c of Clause 1 of Article
34 of this law, the disciplinary penalties having been applied to him/her
before then shall be taken into consideration.
Article 57. Maintaining the classification
grades and special titles previously granted to persons having been considered
Civil Servants
The classification grades and special titles
(qualification grades) previously granted to persons having been considered
Civil Servants shall be maintained through the procedure and within the time
limits defined in the legal acts considered grounds for granting them.
Article 58. Deadline for Adoption of Law
on Monetary Satisfaction of Civil Servants
The law on Monetary Satisfaction of the
Civil Servants shall be subject to adoption before May 1, 2002.
Article 59. Deadlines for Adoption of Laws
regulating peculiarities connected with Service in Staffs of individual
Republican Executive Bodies
1. The peculiarities connected with
service in the staffs of the Tax and Customs Republican Executive bodies shall
be subject to regulation by separate laws before January 1, 2002.
2. The peculiarities connected with
service in the staffs of the Republican Executive bodies for Defence, National
Security, Home Affairs and Emergencies shall be subject to regulation by
separate laws before July 1, 2002.
PRESIDENT OF THE REPUBLIC OF ARMENIA
