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The Law On The Participation Of Civilian Personnel In Crisis Management

Original Language Title: Laki siviilihenkilöstön osallistumisesta kriisinhallintaan

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Law on the participation of civilian staff in crisis management

See the copyright notice Conditions of use .

In accordance with the decision of the Parliament:

Chapter 1

General provisions

ARTICLE 1
Purpose of the law

The purpose of this Act is to support Finland's participation in international crisis management:

1) to prevent and limit conflicts, repair the damage resulting from them and restore the smooth functioning of society;

(2) to mitigate the damage caused by a major accident or natural disaster; and

3. To develop the crisis management capabilities of the European Union and international organisations.

ARTICLE 2
Scope of law

This law provides for:

(1) the participation of civilian personnel in crisis management abroad;

(2) the need for, and the maintenance and development of, domestic capacity to manage crisis management; and

3. On the rights and obligations of civilian personnel involved in crisis management abroad.

This law also applies to the life (468/2003) Article 49 Humanitarian aid. It does not concern other humanitarian aid, development cooperation or activities financed under actual development cooperation, and not by the Military Crisis Management Act (211/2006) , activities. (31.3.2006/217)

Salvation L 468/2003 Has been repealed by L 37019/2011 , see Salvation L 379/2011 ARTICLE 38 .

ARTICLE 3
Sectoral division

The Ministry of Foreign Affairs handles the participation of civilian personnel in crisis management matters.

The Ministry of the Interior is dealing with matters of domestic capacity and matters relating to the provision of rescue aid under Article 49 of the Rescue Act.

§ 4
Domestic capabilities

The country's capacity shall include:

(1) the capacity for the recruitment of civilian personnel to manage crises abroad;

(2) material and logistical capacity;

3. Organisation of the training of civilian personnel;

(4) coordination of the preparation of the matters referred to in paragraphs 1 to 3 in the various spheres of administration; and

(5) Joint action with non-governmental organisations to maintain and develop the issues referred to in paragraphs 1 to 3.

Chapter 2

Rights and obligations in relation to the service

§ 5
Public service ratio

A person participating in crisis management abroad is in a fixed-term contract with a State that is represented by the Civil Protection College as an employer. The Ministry of Foreign Affairs, however, is represented by the Ministry of Foreign Affairs, if it is appropriate for foreign and security policy or the Ministry of Internal Affairs, if the function is significant for the domestic capacity. (26.6.2008/471)

The rights and obligations of the person in service shall be in force as laid down in this Act. Otherwise, the legal status of the person concerned shall be governed by the law of the State (18/04/1994) .

The conditions of employment laid down in this Act may not be imposed by means of an agreement unless otherwise provided for in this Act.

ARTICLE 6
Status of the person in relation to service

The person who is engaged in a service shall be subject to the conditions of employment of the European Union, an international organisation or a crisis management operation.

§ 6a (20.3.2015)
Powers in relation to the service

The service obligations shall apply to:

1) in the case of police officers, of which police officers (872/2011) Or the provisions adopted pursuant thereto;

(2) in the case of border guards, which in the border guard (1920/2005) Or the provisions adopted pursuant thereto;

3) For the duty of duty pursuant to Article 7, for a person on leave, which customs duty (1466/1994) Or the provisions adopted pursuant thereto;

4) For the service of the Criminal Sanctions Agency in respect of a person on leave under Article 7, in terms of imprisonment (1767/2005) Or the provisions adopted pursuant thereto.

However, the powers conferred on the service may not exceed what is provided for in the operational documents of each operation.

§ 6b (20.3.2015)
The right to use force and the right to use force

The right to carry out the use of force in the operation of the Mission and the right to use the force, including the use of force, in the exercise of a service mission, shall be in the service of the person carrying out the operation in the operation of the police, border control, In the case of customs or criminal sanctions, which shall be:

1) a police officer who has completed training in the use of force and means of use within the meaning of the law adopted by the police or by the regulations adopted pursuant to it;

(2) a border guard who has completed training in the use of force and means of use referred to in the border guard law or by the provisions adopted pursuant to it;

3. On the duty of duty under Article 7, a person on leave who has completed the training of the use of force and means of use referred to in the Customs Code or of the measures adopted pursuant to it;

(4) For the service of the Criminal Sanctions Agency under Article 7, a person on leave who has completed the training of the means of use and means of use referred to in the terms of imprisonment or by the provisions adopted pursuant to it.

In the context of the appointment or service of an expert, the State employer shall establish the right to carry on the use of force in the theatre of operations under Article 1 (1) and the right to use the service in the course of the appointment of the expert. Force.

§ 6c (20.3.2015)
Instruments and use of force

The person referred to in Article 6b shall have the right to use the means necessary and defensible for the purposes of service that are in accordance with the mission documents and the rules of engagement set out in the operation. Exexaggeration of the use of force is punishable under criminal law. (39/1889) Article 6 of Chapter 4 (3) and Article 7.

In addition to the authorised power tools and their application, the use of force instruments and the use of force tools and means of force shall be applied in addition to those laid down in the operations documents and operations. The rules of engagement provide for:

(1) in the case of police officers, what is provided for in the police or in the provisions adopted pursuant to it;

(2) in the case of border guards, as provided for in the Law on Border Guards or in accordance with the provisions adopted pursuant thereto;

(3) For a person on leave pursuant to Article 7, the duty of duty pursuant to Article 7, the customs service or the provisions adopted pursuant to it;

(4) For the service of the Criminal Sanctions Agency, pursuant to Article 7, for a person on leave, which is provided for by the law of detention or by the provisions adopted pursuant thereto.

Article 6d (20.3.2015)
Emergency protection

In the case of a service, the person in service shall be entitled to Article 4 of Chapter 4 of the Penal Code Provides for. In assessing the defence of the emergency protection, account must also be taken of the training and experience of the service sector in its field of activity.

The exaggeration of the emergency protection shall be Article 4 of Chapter 4 of the Penal Code (2) and Article 7.

§ 7
Freedom of service and continuation of the employment or employment relationship

A person employed by the State shall be granted unpaid leave or exemption from work during the period of employment laid down in this Act.

The employer's employer may not, in the event of a period of employment or error, be appointed to the employment relationship within the meaning of this Act, and shall not be terminated by his employer during that period.

At the end of the service, the person shall have the right to return to work, in accordance with the provisions of the law on the continuation of the civil (305/2009) Provides. (8.5.2009)

§ 8
Holiday pay

For persons other than those referred to in Article 7 (1), at the termination of the service provided for in this Act, the form shall be paid in accordance with the (192/1973) Provides.

Annual report 272/1973 Has been repealed with annual leave by: 162/2005 .

§ 9
Family free and sick leave

The entitlement to sickness leave and the absence of sick leave, as well as absenteeism related to the birth and care of the child, shall be determined in accordance with the general public service and collective agreement.

ARTICLE 10
Group life insurance

After the death of a person who was in the service provided for in this Act, the financial assistance corresponding to the life of the group life insurance, as agreed in the State's position and collective agreement, is paid for the benefit of the group life insurance.

Where, following the death of a person who is in service within the meaning of this Act, his successors shall be entitled to death, on the basis of the same conditions of employment of the European Union, an international organisation or a crisis management operation. , the aid referred to in paragraph 1 shall be paid only to the extent that it is higher than that compensation.

The aid shall be granted and paid by the State Treasury in accordance with the rules and regulations in force following the death of the person who was employed by the State, where applicable.

ARTICLE 11
Pension law

The pension entitlement laid down in this Act shall be laid down in the State Pensions Act (280/1966) And the State family pension law (774/1968) .

Where the beneficiary is in the service referred to in paragraph 8 (4) (1) to (3) of the Act of Pensions, and during the period of employment, during the period of employment and termination of service provided for in Article 8 (4) of the Pensions Act, may be The service within the meaning of Article 10 (3) of the State Pensions Act shall be taken into account when determining the pension of that beneficiary.

State Pension L 280/1966 And the State Pension L 774/1968 Has been repealed by L for the entry into force of the State Pensions Act 1296/2006 . See. State Pension L 1295/2006 .

ARTICLE 12
Overall withdrawal age

The service referred to in this Act shall not apply to the general retirement age in accordance with the State Civil Service Act.

ARTICLE 13
Basic salary

The basic salary of an employed person shall be determined by a grade based on the complexity of the task.

The categories of pay are regulated by a decree of the Ministry of the Interior.

ARTICLE 14
Expensive allowance

A person entered into a service contract shall be remunerated in order to cover the specific costs and the increase in the cost of living, unless the daily allowance paid by the European Union, the international organisation or the operation of the crisis management operation is paid; or Other compensation covers it .

The amount of the income allowance is laid down in a regulation by the Ministry of the Interior.

§ 15
Replacement of certain costs

The additional costs incurred in the performance of the duties shall be reimbursed to the person concerned, unless the compensation paid by the European Union, the international organisation or the operation of the crisis management operation covers them.

The procedure for the reimbursement of costs is laid down in a regulation by the Ministry of the Interior.

ARTICLE 16
Termination of service relationship

In addition to what is laid down in the State Civil Service Act, the service relationship referred to in this Act may be terminated if the mission to which the person is assigned ceases.

Chapter 3

Register of experts

§ 17
Use of the register and the controller

The register of experts shall be kept by means of an automatic data processing register.

Data deposited in the register may be used in the recruitment of persons for crisis management within the meaning of this law.

The record holder is the Salvation Academy. The Ministry of the Interior has access to the register by means of a technical service. (26.6.2008/471)

ARTICLE 18
Data sources and information content

Person may register and deposit in the Register of Expert:

(1) name, date of birth and contact details;

2) information on their training;

(3) information on their professional experience;

(4) information on the type of tasks he is interested in; and

(5) own assessment of the adequacy of the health status of those tasks.

The controller shall not be liable for the accuracy of the information referred to in the first paragraph of the register. The data reported in the register may be verified with the consent of the data subject in agreement with the data source.

The controller may register in the register the participation of a person in crisis management training organised by the Civil Protection Academy, the date of entry and termination of the service provided for in this Act and the office and office of the person In the service. (26.6.2008/471)

§ 19
Transmission of information

The necessary information contained in the expert register may be disclosed for recruitment purposes, including through a technical service, to the Ministry of Foreign Affairs, to the European Union, to the international organisation or to the Executive Director of the crisis management operation.

§ 20
Data retention period

Data deposited in the Register of Experts shall be deleted after two years from the date of registration, unless the person wishes to delete the data relating to him in the past.

However, for a period of two years after the expiry of the last service, the records of the service provided for in this Act shall be kept in the register.

The registry holder shall have the right to withdraw the information stored in the register if the contact details or particulars of the person who entered the file are manifestly erroneous.

ARTICLE 21
Other information processing

In other respects, the confidentiality and disclosure of information shall be governed by the law of public authorities (18/09/1999) And the processing of personal data (523/1999) .

Chapter 4

Outstanding provisions and entry into force

§ 22
Application of other provisions

The right to compensation for persons who are in service within the meaning of this Act shall be valid for the purposes of the law on the compensation of officials of the State (449/1990) And occupational diseases (1343/1988) Provides.

L for the accident compensation of civil servants 449/1990 And the Skills L 1343/1988 Has been abrogated with an occupational accident and occupational disease 42/2015 , which is valid from 1 January 2016.

ARTICLE 23
Entry into force

This Act shall enter into force on 1 January 2005.

The provisions of Chapter 2 of this Act shall apply to the service to which the person has been appointed after the entry into force of the law.

THEY 206/2004 , HaVM 26/2004, EV 245/2004

Entry into force and application of amending acts:

31.3.2006/217:

This Act shall enter into force on 1 April 2006.

THEY 5/2006 , UaVM 1/2006 EV 22/2006

26.6.2008/471:

This Act shall enter into force on 1 August 2008.

Before the entry into force of this Act, measures may be taken to implement the law.

THEY 46/2008 , HaVM 5/2008, EV 53/2008

8 MAY 2009 309:

This Act shall enter into force on 1 August 2009.

THEY 207/2008 TyVM 1/2009, EV 13/2009

20.3.2015/259:

This Act shall enter into force on 1 June 2015.

The law is applicable when the law enters into force, in accordance with the law on the participation of civil servants in crisis management.

THEY 105/2014 , HaVM 39/2014, EV 249/2014