Law on the Civil Service of Conscientiously objectors (Civil Service Law-ZDG)

Unofficial table of contents

ZDG

Date of completion: 13.01.1960

Full quote:

" Civil Service Act as amended by the Notice of 17 May 2005 (BGBl. 1346), which is provided by Article 3 (5) of the Law of 29 June 2015 (BGBl. I p. 1061).

Status:	New by Bek. v. 17.5.2005 I 1346;
	Last amended by Art. 4 sec. 2 G v. 15.7.2013 I 2416
Note:	Amendment by Art. 3 (5) G v. 29.6.2015 I 1061 (No 26) in a textual proof, not yet concludedly processed in a documentary form
Indirect change by Art. 1 No. 3 G v. 20.11.2014 I 1738 is taken into account

For more details, please refer to the menu under Notes

Footnote

(+ + + Proof of text applicable: 1.1.1985 + + +) 
(+ + + Do not apply measures due to EinigVtr in accordance with the provisions of this Regulation).  Art. 109 No. 4   
 Buchst. b DBuchst. bb G v. 8.12.2010 I 1864 mWv 15.12.2010 + + +) 

  

Unofficial table of contents

Content Summary

First section
	Tasks and organisation of the civil service
		Duties of the Civil Service	§ 1
		Suspension of the obligation to depart from the civil service	§ 1a
		Organisation of the civil service	§ 2
		Council for Civil Service	§ 2a
		Services	§ 3
		Recognition of employment	§ 4
		List of service groups	§ 5
		Administrative transfer	Section 5a
		Cost	§ 6
Second section
	Suitability, civil service exceptions
		Suitability	§ 7
		Civil service incapacity	§ 8
		Exclusion from civil service	§ 9
		Exemption from civil service	§ 10
		Return from civil service	§ 11
		Exemption and recovery applications	§ 12
		Deposition procedure	§ 13
		Civil protection or civil protection	§ 14
		Development Service	§ 14a
		Other services abroad	Section 14b
		Voluntary year	§ 14c
		Special provisions for members of the police enforcement service	§ 15
		Free employment	Section 15a
		Uncomedable	§ 16
		Decisions on military service exceptions	§ 17
		Reimbursement of expenses and loss of earnings	§ 18
Third Section
	Access to civil service
		Convening	§ 19
		Transfer of permanent residence	§ 19a
		Testimony of witnesses, witnesses and experts	§ 20
		Revocation of the notice of appeal	Section 21
		Invoice for other service	Section 22
		Credit and civil service of other States	Section 22a
		Civil service monitoring	Section 23
		Feed	Section 23a
Fourth Section
	Legal status of the liable persons
		Duration of civil service	§ 24
		Start of civil service	Section 25
		Instruction in the office	Section 25a
		Introduction and monitoring	§ 25b
		Civic Rights	Section 25c
		Respect for the basic democratic order	Section 26
		Basic duties	§ 27
		Secrecy	§ 28
		Political activity	§ 29
		Service arrangements	§ 30
		Duties of superiors	§ 30a
		Official accommodation; communal catering	Section 31
		Working time; internal service	Section 32
		Use in labour disputes	Section 32a
		Secondary activity	§ 33
		Liability	Section 34
		Care; money and material covers; travel expenses; holidays	§ 35
		Personnel files and assessments	§ 36
		(dropped)	§ 36a
		Participation of service providers	Section 37
		Pastoral	§ 38
		Medical examination	§ 39
		Maintenance of health; medical interventions	§ 40
		Applications and complaints	Section 41
		Voluntary additional civil service	§ 41a
Fifth Section
	End of civil service; supply
		End of civil service	§ 42
		Dismissal	Section 43
		Date of termination of civil service	Section 44
		Exclusion	§ 45
		Communication in criminal matters	§ 45a
		Service-time certificate and certificate of service	Section 46
		Supply	§ 47
		Supply in special cases	Section 47a
		Accident prevention in special cases	§ 47b
		Healing treatment in special cases	§ 48
		Health care allowance in special cases	§ 49
		Compensation for civil service damage	§ 50
		Implementation of the supply	Section 51
		Transfer regulations on the occasion of the production of the German unit	§ 51a
Sixth Section
	Penal, penal and disciplinary provisions
		Own-powerful absence	Section 52
		Flight of service	Section 53
		Non-compliance with orders	§ 54
		Participation	§ 55
		Exclusion of the fine	§ 56
		Irregularities	Section 57
		Service	Section 58
		Madness of service	Section 58a
		Relationship of disciplinary measures to penalties and disciplinary measures	§ 58b
		Formal recognitions	Section 58c
		Disciplinary measures	§ 59
		Content and level of disciplinary measures	§ 60
		Disciplinary board	Section 61
		Investigations	Section 62
		Suspension of proceedings	§ 62a
		Hearing	Section 62b
		Setting the procedure	§ 63
		Imposition of the disciplinary action	Section 64
		Disciplinary action; complaint	Section 65
		Appeal to the Administrative Court	Section 66
		Waiver of the disciplinary order	Section 67
		Enforcement	Section 68
		Information	Section 69
		Tilgung	§ 69a
		Mercy law	Section 70
Seventh Section
	Specific procedural rules
		Form and notification of administrative files; deliveries	Section 71
		Contradiction	Section 72
		Appeal of the notice of appeal	Section 73
		Exclusion of the suspense effect of the objection and the action	Section 74
		Appeal against decisions of the Administrative Court	§ 75
		Rights of the legal representative	Section 76
		Scope	Section 77
Eighth section
	Final provisions
		Corresponding application of further legislation	Section 78
		Provisions relating to the case of a voltage or defence	§ 79
		Limitation of fundamental rights	§ 80
		Transitional provision on the occasion of the 2010 Act on the Protection of the Law	§ 81
		Further transitional provision on the occasion of the German Law on the Protection of the Law 2010	§ 81a
		Transitional provision on the occasion of the amending act of 31 July 2008 (BGBl. I p. 1629)	Section 82
		Transitional provision on the occasion of the Law on the Introduction of a Federal Voluntary Service	Section 83

First section
Tasks and organisation of the civil service

Unofficial table of contents

§ 1 Tasks of the Civil Service

In the civil service, recognized conscientiously objectors perform tasks that serve the common good, primarily in the social field. Unofficial table of contents

Section 1a Suspension of the obligation
on the performance of the civil service

(1) The convening regulations of the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth may provide that, in the event of a civil service and only on the basis of a proposal from the civil service provider, it is only on the basis of a proposal by the civil service provider that the appointment must be made outside the range of the Federal Republic of Germany until 30 June 2011. (2) § 2 (2) and § § 2a and 23 shall apply only in the case of a voltage or defence case. Unofficial table of contents

§ 2 Organization of the Civil Service

(1) This Act shall be carried out in the federal administration, unless otherwise specified. To this end, an independent federal authority is established under the name "Bundesamt für den civilians dienst" (Federal Office for Civil Service), which is under the responsibility of the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth. The Federal Office may also carry out other tasks from the division of the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth. (2) On a proposal from the Federal Government, the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth A Federal Commissioner for the Civil Service (Federal Commissioner) or a Federal Commissioner for Civil Service (Federal Commissioner) has been appointed. The Federal Commissioner or the Federal Commissioner shall carry out the duties assigned to the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth in the field of civil service, provided that this law does not determine otherwise. The Federal Commissioner or the Federal Commissioner shall report a written activity report to the German Bundestag in each parliamentary term (civil service report). Unofficial table of contents

Section 2a Civil service Advisory Council

(1) The Federal Ministry for Family Affairs, Senior Citizens, Women and Youth is a member of the Advisory Board for Civil Service. The Advisory Council has the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth on questions of civil service, including the question of what tasks should be assigned to the civil service (liable) outside the social sphere, (2) The Advisory Board shall be part of:

1.

seven representatives of organisations dealing with the representation of the interests of conscientious objectors and of civil service providers (service providers), including four service providers,

2.

seven representatives of associations of recognised employment agencies,

3.

A representative of the Protestant Church and of the Catholic Church,

4.

one representative or one representative of the trade unions and the employers ' associations,

5.

two representatives of the Länder and

6.

a representative or a representative of the municipal leaders ' associations.

(3) The Federal Ministry for Family Affairs, Senior Citizens, Women and Youth shall, as a rule, convene the members of the Advisory Board for a period of four years. The bodies referred to in paragraph 2 shall make proposals for this purpose. The service providers (paragraph 2 (1)) shall be appointed for the duration of their service. A personal deputy is appointed for each member. (4) The meetings of the Advisory Board shall be convened and chaired by the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth in accordance with a point of order to be adopted by the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth. Unofficial table of contents

§ 3 Services

The service providers shall provide the civil service in a recognised employment position, in a civil service or in a civil service group (services). If necessary, they can also be employed in the administration of the civil service. Unofficial table of contents

Section 4 Recognition of employment agencies

(1) An employment body may be recognised at its request if:

1.

in particular, it carries out tasks in the social field, in the area of environmental protection, nature conservation and the maintenance of the countryside; the majority of them are to be recognised as employment agencies in the social sector,

2.

it ensures that the employment, management and care of the service providers correspond to the nature of the civil service; in particular, employment does not correspond to the nature of the civil service if it is due to the nature of the service provided by the service provider; it would lead to an apparent unequal treatment of the service provider in comparison with other service providers or to the service providers,

2a.

in accordance with sections 25a and 25b, they accompany the service providers in person and professionally and use qualified personnel for the care of the service providers,

3.

it declares itself willing to employ persons who are liable to the conditions of eligibility required by it without special consent to the person of the person who is liable, unless the employment of the person concerned is due to the person of the person concerned; provides specific requirements beyond the required conditions, and

4.

it agrees to provide representatives of the Federal Ministry of Family Affairs, Senior Citizens, Women and Youth and the Federal Office with an insight into the overall activities of the service providers and their individual tasks, as well as to the Federal Court of Auditors in the case of the To give full support to the auditing of federal funds. The recognition shall be issued for certain places of service. It may be subject to conditions.

(2) The recognition shall be withdrawn or revoked if any of the conditions referred to in paragraph 1 have not been or are no longer in place. It may also be revoked for other important reasons, in particular if an edition has not been fulfilled or has not been fulfilled within a set time limit. Unofficial table of contents

Section 5 List of service groups

Service groups are set up on request by order of the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth. The Federal Ministry of Family Affairs, Senior Citizens, Women and Youth shall determine their seat after consulting the participating country. Unofficial table of contents

§ 5a Transfer of administrative tasks

(1) The services may be entrusted with the management of administrative tasks. If the countries are appointed, they shall act on behalf of the Federal Government. (2) With their agreement they can be entrusted with the management of administrative tasks.

1.

Associations for the employment agencies which are members of the Commission,

2.

Countries for the employment agencies in the public service providers under their supervision.

The administrative costs may be reimbursed in an appropriate manner. Unofficial table of contents

§ 6 Costs

(1) The employment agencies shall be responsible for the costs of accommodation, catering and work clothing of the service providers. They shall bear the administrative costs arising from the employment of the service providers. (2) The employment agencies shall pay the service ends for the Federal Government the amounts of money which are to be paid to them. The employment agencies will be reimbursed at full cost for the full amount of the mobility allowance and for the other cash benefits of 70 per cent per annum. The Federal Ministry of Family Affairs, Senior Citizens, Women and Youth, in agreement with the Federal Ministry of Finance, lays down uniform flat-rate amounts for the refund. (3) The employment agencies may grant grants for the discharge of the expenses for accommodation, catering and work clothing of the service providers shall be provided if and to the extent necessary;

1.

a sufficient number of civilian service places for the use of all available recognised conscientic objectors in civil service; or

2.

in the case of civil service, particularly suitable for civil service in the manner of employment

, The Federal Ministry for Family Affairs, Senior Citizens, Women and Youth shall, in agreement with the Federal Ministry of Finance, adopt general administrative provisions for the implementation of the first sentence of sentence 1. Grants may be granted only in so far as the budget makes available funds for this purpose.

Second section
Suitability, civil service exceptions

Unofficial table of contents

§ 7 suitability

The suitability for civil service is determined by the suitability of the service for military service. Military officers are considered to be capable of civil service, temporarily not capable of military service as temporary non-military and non-military capable as non-civil service. Unofficial table of contents

§ 8 Civil service incapacity

The civil service is not used for who is not civil service. Unofficial table of contents

Section 9 Exclusion of civil service

Civil service shall be excluded,

1.

who by a German court for a crime of at least one year's imprisonment or because of an intentional act which is subject to the rules on peace treason, treason, endangerment of the democratic constitutional state, or Member of the European Parliament and the Council of the European Parliament and of the Council of the European Parliament and of the Council of the European Parliament and of the Council of the European Parliament and of the Council of the European Parliament and of the Council of the European Parliament and of the Council of the European Parliament and of the Council of

2.

who does not have the ability to hold public offices as a result of the right to judge;

3.

who is subject to a measure of improvement and security in accordance with § § 64, 66, 66a or § 66b of the Penal Code, as long as the measure is not completed.

Unofficial table of contents

§ 10 Liberation of the Civil Service

(1) The civil service shall be exempt from:

1.

ordained clergy of evangelical confession,

2.

Spiritual Roman Catholic confession, which received the diaconate consecration,

3.

full-time clergy of other confessions, whose office corresponds to that of an ordained cleric evangelical or a clergyman of Roman Catholic confession, who received the diaconate consecration,

4.

severely disabled people,

5.

Persons subject to civil service who, under an international law, enjoy a corresponding exemption for the duration of an activity in an international authority.

(2) The civil service shall exempt recognised conscientic objectors on request;

1.

whose father, mother, brother, or sister died of the consequences of a military service or civil service damage,

2.

whose two siblings

a)

basic military service of the duration specified in § 5 (2) of the German Wehrpflichtgesetz (German military law),

b)

civil service of the duration specified in section 24 (2),

c)

Civil protection or civil protection service in accordance with § 14 (1) of this Act or in accordance with Section 13a (1) sentence 1 of the German Code of Defense Law,

d)

Development service pursuant to Section 14a (1) of this Act or pursuant to Section 13b (1) of the German Federal Law on the Protection of Obligations,

e)

another service abroad pursuant to section 14b (1),

f)

a voluntary service under the Youth Voluntary Service Act of at least six months,

g)

a free employment relationship in accordance with section 15a (1),

h)

Military service of no more than two years duration as a soldier on time or soldier on time

, or

3.

The

a)

are married,

b)

is a registered partner or

c)

who exercise parental concern in common or as single parents.

Unofficial table of contents

§ 11 Reposition of the Civil Service

(1) The civil service shall be subject to the return of

1.

who is temporarily non-civic,

2.

who, apart from the cases of § 9, imprisonment, criminal remand, juvenile sentence or juvenile justice, is in custody, or is housed in a psychiatric hospital in accordance with § 63 of the Criminal Code.

(1a) Civil service shall also set back who, under international law, cannot be used for military service for the duration of an activity in an international authority. (2) The civil service shall be recognised as having Conscientious objectors who prepare for the sacred ministry are returned upon request. (3) Has a recognized conscientious objector of his lineup for election to the German Bundestag, to a parliament or to the European Parliament , it shall be returned until the election. If he has accepted the election, he can only be called upon his application for the duration of the mandate. (4) From the civil service, a recognized conscientic objector should be returned upon request if the use for him is personal, in particular, domestic, economic or professional reasons would be of particular hardship. Such a rule is generally available,

1.

if, in the case of the convening of the recognised conscientic objector

a)

the supply of his/her family, relatives in need of assistance or of other persons in need of assistance, for whose livelihood he has to pay from a legal or moral obligation, or

b)

are to be expected for relatives of first-degree special emergencies,

2.

if the recognised conscientious objector is indispensable for the maintenance and continuation of a company's own business,

3.

When the convocation of the recognised conscientic objector

a)

a training leading to a school degree,

b)

a university degree in which the third semester is reached at the time of the planned entry,

c)

a dual course of study commenced at the time of completion of the programme (studies with a course of study-related training), the standard period of study of which does not exceed eight semesters, and during which the course of study at the latest three months after the beginning of the in-company training,

d)

a third of the other training sections completed at the time of entry into service; or

e)

vocational training which has already begun

, interrupt or prevent the inclusion of a legally binding or contractually secured vocational training.

(5) A recognised conscientious objector may be returned from the civil service if criminal proceedings are pending against him, the custodial sentence, the criminal remnant, the juvenile sentence or a detention order for the improvement and the security of the security. is to be expected, or if his convocation would seriously jeopardise the order or reputation of the civil service or a service. (6) From the Civil Service, a recognised conscientious objector should also be returned upon request, if he for the maintenance and continuation of the parental holding or the the operation of his employer or for the orderly performance of his/her service authority is indispensable. In this case, the parents, the employer or the service authority of the recognised conscientious objector are entitled to apply and are obliged to notify the Federal Office of the omission of the conditions for the indisputable. The withdrawal shall be subject to the approval of the recognised conscientic objector. The convening of the recognised conscientic objector shall be suspended until the decision on the application. Unofficial table of contents

Section 12 Liberation and recovery applications

(1) Applications pursuant to § 10 (2) and § 11 (2), (4) and (6) of this Act, which are not in accordance with § 20 of the German Wehrpflichtgesetz (Wehrpflichtgesetz) at the earliest after notification of the collection by the Collection Authority (§ 15 paragraph 1 sentence 2 of the German Federal Military Law) and at the latest by (2) Applications pursuant to § 10 para. 2 and in accordance with § 11 para. 4 are to be submitted in writing, electronically or in writing to the German Federal Office for the Protection of the District of Germany. (2) Certificates which the applicant possesses or without undue effort , can be attached. In the case of applications pursuant to section 11 (2),

1.

Proof of a regular theological study or a regular theological training and

2.

a declaration by the competent State Church Office, the Bishops ' Authority, the Order of the Order or the relevant upper authority of another religious community that the recognised conscientious objector is prepared for the spiritual ministry.

Unofficial table of contents

§ 13 Procedure in the event of a return

(1) Repositions pursuant to § 11 (1), (4) and (5) shall be provided for a limited period of time. In the cases of Section 11 (4), except sentence 2 (1) (b), (3) and (6), the recognised conscientic objector may be returned from the civil service for such a long time that he or she is still in the service of the civil service in accordance with § 24 (1) sentence 1 to 4 the age limit shall be applicable. In exceptional cases, in which the convocation would constitute an unreasonable hardship, it may also be returned. (2) If an application pursuant to Article 11 (2) or (4) is submitted after the examination, the decision may be taken until the end of the period of the application. (3) Revocation shall be withdrawn if the reason for revocation has fallen away; the recognised person shall be subject to the right to withdraw from the decision. A conscientiously objector must be heard before. (4) After the expiry of the period of remission, the Without prejudice to the provisions of section 19 (4) of the Civil Service, recognized conscientiously objectors are available for civil service. Unofficial table of contents

Section 14 Civil protection or civil protection

(1) Recognised conscientic objector, who is before the completion of the 23. In the case of civil protection or civil protection, they shall not be used as a civil service for a period of at least four years, with the consent of the competent authority, as long as they have been employed in the civil protection or civil protection or civil protection service. Civil protection assistance. This shall also apply to interruptions of participation approved by the competent authority, if the four-year actual participation based on the minimum commitment is still pending before the completion of the 28th (2) The competent authorities shall be obliged to notify the Federal Office of the existence and the omission of the conditions for the non-use of recognised wartime deniers of the civil service. (3) a competent authority indicates that a recognised conscientic objector has committed himself to civil protection or civil protection as a result of the non-use of the civil service, the Federal Office shall have the recognised responsibility for the Conscientic objector to inform him that he/she is responsible for the duration of his participation is not used for civil service. (4) If recognised conscientic objectors have been involved in civil protection or civil protection for four years, their duty shall be issued to provide civil service; this shall not apply to the civil service in the case of defence. Authorised interruptions of participation (paragraph 1, second sentence) shall be considered as participation, provided that they do not exceed a total period of six months. If, for reasons other than the person or in the conduct of the recognised conscientic objector, participation prematurely ends, the period covered by civil protection or civil protection shall be as long as it is half the time after the first sentence of the first sentence. , to be attributed in part to the civil service. Unofficial table of contents

§ 14a Development Service

(1) Recognizing conscientiously objectors shall be until the completion of the 28th. The following shall not be used for the purpose of civil service if, in the context of the needs of that institution, they are contractually responsible for the performance of a development service recognised in accordance with Article 2 of the Development Helpers Act. two-year development services have committed themselves to continuing their work as development aid workers in an appropriate manner, and the Federal Ministry for Economic Cooperation and Development confirms this. (2) Recognizing the Furthermore, conscientic objectors are not used for civil service, if and for as long as they satisfy the conditions set out in Section 1 (1) or (2) of the Development Helpers Act. (3) If recognized conscientic objectors have provided development service from the minimum period referred to in paragraph 1, their duty shall be issued in the form of civil service ; this shall not apply to the civil service in the case of defence. If the development service is terminated prematurely on grounds not to be represented by the recognised conscientic objector, the time taken by the Development Service shall be limited to the time taken by the civil service to the extent that it exceeds the time required for the development service. (4) The providers of the development service are obliged to notify the Federal Office of the existence and the omission of the conditions for the non-use of recognized conscientic objectors to the civil service. Unofficial table of contents

Section 14b Other services abroad

(1) Recognised conscientic objectors shall not be used for civil service if they:

1.

the performance of a person recognised in accordance with paragraph 3 for the performance of a person prior to completion of the 23. A service to be held abroad, which wishes to promote the peaceful coexistence of the peoples and which takes at least two months longer than the civil service they would otherwise have to provide, and

2.

provide this service free of charge.

The institutions are obliged to notify the Federal Office of the existence and the omission of the conditions for the non-use of recognized wartime deniers of the civil service. (2) Wise recognized conscientiously objectors up to the completion date of the 24th In the event of a service from the minimum period referred to in paragraph 1 (1), their duty shall be issued to provide civil service; this shall not apply to the civil service in the case of defence. If the service is terminated prematurely, the time taken in the service shall be applied to the civil service, in so far as it exceeds two months. (3) Legal persons may be recognized as the institution of a service referred to in paragraph 1.

1.

serve exclusively, directly and independently of tax-privileged purposes within the meaning of § § 51 to 68 of the German Tax Code,

2.

provide assurance that their projects will serve the interests of the Federal Republic of Germany and

3.

have their registered office in the Federal Republic of Germany.

The Federal Ministry for Family Affairs, Senior Citizens, Women and Youth, in agreement with the Federal Foreign Office, decides on the recognition of a carrier. It may limit the recognition to certain projects of the institution. § 4 (1) sentence 3 and (2) shall apply accordingly. Unofficial table of contents

§ 14c Freiwilliges Jahr

(1) Recognised conscientic objectors shall not be used for civil service if, after their recognition as conscientiously objectors, they have committed themselves in writing to a voluntary service under the Youth Voluntary Service Act, which shall: it takes at least two months longer than the civil service that they would otherwise have to pay. The service shall be at the latest one year after the commitment and before the completion of the 23. It should be a year of life. The obligation is to be taken over against a carrier which is admitted under the Youth Voluntary Service Act. (2) The institutions under the third sentence of paragraph 1 are obliged to the Federal Office of the Federal Office for the existence as well as the omission of the conditions for the (3) Wise recognised conscientiously objectors until the completion of the 24. In the case of the service referred to in paragraph 1, the obligation to provide civil service shall be deemed to have been paid to the civil service in the event of a defence. If the service is terminated prematurely, the period of time spent in the service, if it exceeds two months, shall be applied to the civil service. (4) (omitted) (5) (omitted) Unofficial table of contents

Section 15 Special provisions for members of the police enforcement service

(1) Recognizing conscientiously objectors who are members of the law enforcement service or who have been accepted by written communication shall not be used for civil service until this service is terminated. (2) The competent authorities are obliged to notify the Federal Office of the revocation of an acceptance certificate and the withdrawal from the law enforcement service; the same shall apply if, despite the acceptance of the service, the service is not approached. (3) § 14 para. 3 finds appropriate application where a competent authority indicates that a recognised A conscientic objector has entered the law enforcement service of the police or has been accepted by written communication and is expected to be set within six months of the date of acceptance. Unofficial table of contents

§ 15a Freies employment relationship

(1) Recognised conscientious objectors, who are prevented from providing civil service for reasons of conscience, are not provisionally used for civil service if they declare that they have a working relationship with normal working hours in a hospital or any other institution for the treatment, care and care of persons, or if they are active in such an employment relationship. This applies only if the employment relationship is after recognition as a conscientiously objector and before the completion of the 22. A life year of a duration of at least eight months longer than the civil service which the recognised conscientiously objector would otherwise have to perform, shall be justified or substantiated. (2) The recognised conscientiously objector shall before the completion of the 24. In the case of the minimum period of employment referred to in paragraph 1, he shall be obliged to provide civil service for the minimum period of time referred to in paragraph 1. If the employment relationship is terminated prematurely for reasons not to be represented by the recognised conscientic objector, the period of work completed in the employment relationship shall be applied to the civil service, in so far as it exceeds eight months. Unofficial table of contents

§ 16 Undigestible status

(1) In order to compensate for the public interest in the use of civil service and the person required to meet the staffing requirements for tasks outside the civil service, a service provider may, in the case of a voltage and defence, be subject to the following conditions: (2) On the basis of a proposal for a civil service, the latter shall be subject to the law of the civil service as long as it cannot be denied for the activity carried out by him outside the civil service. (2) of the competent administrative authority. The right of proposal is also available to churches and religious communities, insofar as they are bodies of public law, to their servants. In the case of the jurisdiction and the proceedings of the indisputable position, the power to determine the competent authorities, the regulation of the right of proposal by general administrative provision of the national law, the compensation of disagreements between the Federal Office and the Managing Authority, the periods for which an indecent position may be issued and the hearing of expert bodies is the Regulation on jurisdiction and the procedure in respect of which Non-digestive status in the respective version in accordance with (3) The service authority or the employer of the liable party shall be obliged to notify the Federal Office of the omission of the conditions for the indigestible status. Persons who are not in a service or employment relationship have to indicate the omission of the conditions themselves. Unofficial table of contents

Section 17 Decisions on military service exceptions

Decisions by the Wehrersatzauthorities on military service exceptions apply to the civil service. Unofficial table of contents

Section 18 Repayment of expenses and loss of earnings

Recognized conscientic objectors shall also receive the necessary expenses arising from an examination of their availability for the civil service, as well as, if the personal performance is arranged, loss of earnings, in accordance with the conditions laid down for the purpose of the patterning the rules in force in the case of the military replacement authorities.

Third Section
Access to civil service

Unofficial table of contents

Section 19 convening

(1) The persons liable for service shall be convened in accordance with the convening regulations of the Federal Ministry of Family, Senior Citizens, Women and Youth for civil service, provided that they are not transferred in accordance with the provisions of paragraph 2 into a service under this Act. Those who are dismissed from the ground military service because they are recognized as conscientiously objectors should be convened immediately to the civil service. (2) The military service relationship may be provided by written communication in agreement with the Federal Ministry of Defence determined to be converted into a service according to this law if the soldier is recognized as a conscientiously objector. The decision shall determine the date of the conversion and the place and date of the official entry in the civil service. The person subject to the service must report himself to the civil service in accordance with the notification of conversion. (3) The service subject cannot be required to be used for the service in a particular place. He must not be convened at an employment office where he was employed before he was convened in the course of a training or employment relationship. The second sentence shall not apply where the person in charge of the service directly supervises the severely disabled or the serious sick person at the point of employment and, in the event of an interruption of this assistance for the persons concerned, shall be liable for unjustifiable and unavoidable impairments, or (4) Service persons whose availability has not been established within the last two years prior to the convocation shall be heard before the convocation. (5) The place and time of the entry into the revocation notice shall be taken in the notice of appeal. as well as the duration of the civil service to be provided. The criminal-law consequences of the stay should be pointed out. (6) The notice of appeal is to be issued at least four weeks before the date of the appointment. This shall not apply in the cases referred to in the second sentence of paragraph 1. Unofficial table of contents

§ 19a Transfer of permanent residence

(1) The conscription shall not be issued or rests if recognised conscientiously objectors are permanently resident in the

1.

during the civil service from the Federal Republic of Germany,

2.

without the authorization required pursuant to section 23 (4) from the Federal Republic of Germany, or

3.

from the Federal Republic of Germany, without leaving it.

(2) Conscientiously objecting to their permanent residence without the authorization required pursuant to section 23 (4) from the Federal Republic of Germany, they shall be used in civil service in accordance with the provisions of this Act. Unofficial table of contents

§ 20 questioning of witnesses, witnesses and experts

Where the examination of the availability of the recognised conscientious objector requires the testimony of witnesses, witnesses or experts, the district court in whose district the latter is resident or resident may, in order to Questioning is requested. This shall indicate the facts on which the hearing is to be carried out. The provisions of the Law on Legal Assistance (§ § 156ff.) and the provisions of the Code of Civil Procedure are applicable. The insult of witnesses, witnesses or experts is at the discretion of the Local Court. This decision also decides on the legality of the denial of the certificate, the opinion or the eidespower; the decision cannot be challenged. Unofficial table of contents

Section 21 Revocation of the notice of appeal

If, after the notification of the notice of appeal, the recognised conscientious objector is found not to be available, the notice of appeal shall be revoked. The notice of withdrawal shall be given in writing and shall be sent. Unofficial table of contents

Section 22 Invoice of other service

The civil service is credited with military service and the border guard service under the border guard service. This shall not apply to days when a service is due to

1.

Culpable absence from the service,

2.

school-based refusal of service;

3.

Suspension of the enforcement of the notice of appeal,

4.

Leave of absence in the absence of money and in kind, as long as these days had to be served without recognition as conscientiously objector,

5.

imprisonment, criminal, juvenile, juvenile or disciplinary detention, to the extent that these days should have been served without recognition as a conscientiously objector, or

6.

a pre-trial detention received during the service, followed by a final conviction,

did not provide a service. Unofficial table of contents

Section 22a Invoice of military and civil service of other States

(1) The Federal Ministry for Family Affairs, Senior Citizens, Women and Youth may, on a case-by-case basis outside the Bundeswehr, or in lieu of military service, be able to provide all or part of the civil service in accordance with this law. counting. The military service or the other service provided in place of the military service shall be credited if it has been provided on the basis of statutory provisions; this shall also apply if the Federal Ministry of Defence is to serve the service outside of the (2) The Federal Ministry for Family Affairs, Senior Citizens, Women and Youth may delegate the power referred to in paragraph 1 to the Federal Office of Civil Service. Applications for the settlement of military service, which has been carried out outside the Bundeswehr, as well as the service which has been carried out in place of the military service, shall be submitted to the Federal Office, which shall provide proof of insurance of the military service. A person who is subject to an oath of duty may require. Unofficial table of contents

Section 23 Civil service supervision

(1) The recognised conscientic objectors shall be subject to civil service supervision. This will end with the end of the year in which it will be 32. (2) During the civil service supervision, the recognized conscientic objectors have to notify the Federal Office of any change in their home within one week, unless they are within this period of their general residence. Reporting obligation in accordance with the laws of the Land registration laws. Furthermore, the recognized conscientiously objectors have to report to the Federal Office without delay

1.

the admission of facts, which establish a civil service exception in accordance with § § 8, 9, 10 (1), § 11 (1) and (3), § § 14 to 14b and § 15,

2.

the premature departure of the conditions for a reserve,

3.

the completion and change of their professional training and a change in their profession if they are to be provided for special tasks in the civil service.

The recognized conscientious objectors have to make sure that notices of the Federal Office can reach them without delay. (3) The Wehrersatzbehörde (Wehrersatzbehörde) shall inform the Federal Office of the Federal Office of the Federal Office of the German Federal Office of the Federal Office of the Federal Republic of Germany (Bundesamt) by the reporting authorities pursuant to data transmitted to persons not subject to military surveillance for the purpose of civil service supervision. The Federal Office shall delete the data which is not required for this purpose. (4) During the civil service supervision, recognised conscientious objectors shall also obtain a permit from the Federal Office if they exceed the Federal Republic of Germany for more than three years. to leave for months without the conditions of § 1 (2) of the German Federal Military Code (Wehrpflichtgesetz) already being fulfilled. You must obtain a permit even if you wish to remain outside the Federal Republic of Germany beyond an authorised period of time, or if a stay outside the Federal Republic of Germany is not subject to a permit. three months. The authorisation shall be granted for the period during which the recognised conscientic objector is not approaching the civil service. Beyond this period, it shall be granted, in so far as the refusal of the recognized conscientious objector would constitute a special-in the case of a defence-an unreasonable-hardship; § 13 para. 1 shall be applied accordingly. The Federal Ministry for Family Affairs, Senior Citizens, Women and Youth may grant exemptions from the permit requirement. (5) If recognised civil service personnel have provided civil service from the period referred to in § 24 (2) sentence 1, they shall be responsible for: the obligations referred to in the second sentence of paragraph 2 (1) to (3) shall only be carried out in so far as the Federal Ministry for the Family, Senior Citizens, Women and Youth is responsible for securing the civil service in the event of a defence. (6) shall be exempt from those recognized conscientiously objectors who:

1.

are not civil servants,

2.

have been permanently excluded from civil service,

3.

are exempt from civil service,

4.

the civil service referred to in § § 14 to 15a shall not be used as a civil service, as long as they are not eligible for a convocation.

This does not apply to the reporting of the facts of the civil service exceptions. (7) (omitted) (8) For the residence status of recognized conscientious objectors during the civil service supervision § 24b of the German Wehrpflichtgesetz (Wehrpflichtgesetz) accordingly. Unofficial table of contents

§ 23a Feed

The police may be requested to provide service to persons who do not comply with their convocation or a notification of conversion in accordance with section 19 (2), who are not required to supply the body referred to in the notice of revocation or conversion. The police have the power to enter and search for the apartment and other premises of the service person for the purpose of supplying them. The same applies, except at night time, to other apartments and rooms if the service subject to an imminent access by the police is withdrawn by entering such apartments and rooms. Measures in accordance with sentences 2 and 3 require a judicial order to be inked by the Federal Office. In so doing, the court may depart from a prior hearing by the person liable to pay the service or the holder of the housing if it considers that this is necessary in order not to endanger the purpose of the measure. Persons who have a right to take part in the place of residence of the subject have to enter and search for the apartment and other rooms. We must avoid undue hardship against fellow confisers. The arrangement is to be shown during the search. The administrative court in whose district the search is to be carried out shall be responsible for the judicial order of a search. The fundamental right of inviolability of the apartment (Article 13 of the Basic Law) is restricted to this extent.

Fourth Section
Legal status of the liable persons

Unofficial table of contents

§ 24 Duration of the Civil Service

(1) Civil service shall provide service to persons who are responsible for the date fixed at the date of the service. They have not completed their life year. By way of derogation from the first sentence, civil service shall provide service to persons who, at the date fixed for the start of the service, shall be 25. have not yet been completed when they are

1.

due to a reserve in accordance with § 11 not before completion of the 23. could be used as a civil service and the reason for rejecting it is no longer necessary,

2.

because of an obligation to perform another service abroad (§ 14b), because of an obligation to perform a voluntary year (§ 14c) or because of the payment of a free employment relationship (§ 15a) not up to the completion of the 24. were able to be used for civil service life,

3.

due to an unauthorised stay abroad (§ 23 (4)) not until the completion of the 23. could be used in civil service life, or

4.

shall be deemed to have been released from civil service in accordance with section 44 (2) and have to comply with a service obligation pursuant to paragraph 4,

5.

for the suspension of the enforcement of the notice of appeal or the order of suspensive effect of the appeal or of the action, not before the completion of the 23. were able to be used for civil service life.

By way of derogation from the provisions of sentences 1 and 2, the civil service shall provide service to persons who are responsible for the date fixed for the commending of the service

1.

the 32. have not yet been completed if, on account of their vocational training, they had been or have been used predominantly in military terms during the basic military service, or

2.

the 28th Have not yet completed their life year if they are required to perform a service as a helper in the field of civil protection or civil protection (§ 14) or because of an obligation to perform a development service (§ 14a) before completion. of the 23. They have not been used for civil service life.

In the case of service persons who are no longer before the completion of the 23 due to a recognition procedure in accordance with the provisions of the War Service Denial Act. The duration of the recognition procedure shall be extended for the duration of the period of service or prior to the entry of a conscription of the military service to the ground military service. not, however, about the completion of the 25. Years of life. § 79 No. 1 remains unaffected. (2) The duration of the civil service corresponds to the duration of the basic military service (§ 5 (2) of the German Code of Defense Law). § § 41a and 79 (1) remain unaffected. (3) Days in which a service provider during the civil service relationship as a result of

1.

Culpable absence from the civil service,

2.

school-based refusal of service;

3.

Suspension of the enforcement of the notice of appeal,

4.

Serving custodial sentences, criminal remnals, juvenile punish or juvenile justice, or

5.

Detention, followed by a final conviction,

has not provided a service, are to be served. Unofficial table of contents

Section 25 Beginning of the Civil Service

The civil service relationship begins with the date specified in the notice of appeal for the official entry of the duty person or in the conversion notice for the conversion pursuant to section 19 (2). Unofficial table of contents

Section 25a Instruction in the office

(1) At the beginning of their service, the service providers shall be admitted to the activity for which they are provided in their service (the instruction service). In the instruction service, the service providers must provide the knowledge and skills they need for the intended activity. The duration of the assignment service depends on the nature of the activity and the preformation of the service ends. In the case of caring and caring activities, it shall normally be at least four weeks. The service provider may be transferred to the service for which it is intended only after the end of the assignment service. (2) In the event of a change in the nature of the service provider's activities, paragraph 1 shall apply accordingly. Unofficial table of contents

Section 25b Introduction and monitoring

(1) At the beginning of their service, the service providers shall be informed in a one-day seminar about their rights and obligations as service providers as well as the cash and material references to which they are responsible. In addition, they shall be obliged to participate during their service period.

1.

a four-day seminar on political education and

2.

a seminar on specific subject matters, to the extent that this is necessary,

(2) In addition, the service providers are entitled to

1.

a one-week seminar to deepen the personal and social skills acquired in the service, as well as

2.

an exchange of experience that gives them the opportunity to reflect on the experience of the service,

In the The period of reflection referred to in the first sentence of paragraph 2 may be carried out once as a three-day seminar or part-time or full-time in regional groups. (3) The implementation of the seminars referred to in the second sentence of the second sentence of paragraph 1, and of the seminars referred to in paragraph 1, point 2. The events referred to in paragraph 2 may be entrusted with the task of providing employment offices and associations to which employment agencies are members. They are commissioned by the federal states to act on behalf of the federal states. The costs of the seminars may be reimbursed in an appropriate manner. The Federal Ministry for Family Affairs, Senior Citizens, Women and Youth can set uniform rates of reimbursement. (4) In the case of the seminar referred to in the second sentence of paragraph 1, No. 1, the treatment of political issues must not be allowed to provide a single opinion. shall be limited. The overall picture of the teaching is to be designed in such a way that the service ends are not influenced in favour or in favour of a particular political direction. (5) The service ends are during the participation in multi-day seminars in one for the accommodation. Section 19 (3), first sentence, shall apply accordingly. Unofficial table of contents

§ 25c Civil rights

The service end has the same civic rights as any other citizen. Its rights are limited in the context of the requirements of the civil service by its legally justified obligations. Unofficial table of contents

Section 26 Respance for the basic democratic order

The end of the service has to respect the basic democratic order within the meaning of the Basic Law in its entire behaviour. Unofficial table of contents

Section 27 Basic obligations

(1) The end of the service shall be carried out in a conscientious manner. It has become part of the Community in which it is serving. He shall not jeopardise the peace and coexistence within the services of his conduct. (2) In addition to the service, the end of the service shall behave in such a way as to ensure the reputation of the civil service outside the service. or the place of employment in which he or she is serving his or her service. (3) He must accept the risks inherent in the service, in particular if it is to rescue others from the risk of life or to avoid damage, who are threatening the general public is required. (4) He has trained to be if it requires the purposes of civil service. Unofficial table of contents

§ 28 secrecy

(1) The service subject shall, even after his departure from the civil service, maintain secrecy over the matters which have become known to him in his/her duties. This shall not apply to communications in the field of service or to facts which are manifestly or which do not require secrecy. (2) The service subject shall not be subject to any court or tribunal without authorisation of such matters. testifying out of court or making statements. § § 66 and 67 of the Federal Civil Service Act shall apply in accordance with the proviso that the Federal Ministry of Family Affairs, Senior Citizens, Women and Youth shall decide on the approval of the authorisation. (3) Unaffected shall remain the legal basis Duty of the liable party to indicate offences. Unofficial table of contents

Section 29 Political activity

(1) The end of the service shall not be in service in favour of or in favour of a political direction. The right to express his/her opinion in dialogue with others remains unaffected. (2) During leisure time, freedom of expression during leisure activities must not disturb the life of the community within the official housing and facilities. In particular, the service provider may not act as an advertiser for a political group by holding speeches, distributing writings or working as a representative of a political organization. Mutual respect must not be jeopardised. Unofficial table of contents

§ 30 Service arrangements

(1) The service provider shall comply with the official instructions of the superiors. Supervisors are the President of the Federal Office, the Head of the Service, and the persons, including other service providers, who are entrusted with the tasks of management and supervision. The assignment must have been made known to the service provider. (2) The service ends raise concerns about the legality of a service arrangement and will maintain the order, he shall comply with it, unless it is is not granted for service purposes, or the human dignity is infringed, or that a crime or an administrative offence is committed by the following. (3) The end of the service is an order of service, so it is from its own Responsibility, unless the execution of the order is punishable, or is in breach of the law and the criminal offence or the administrative offence is either recognised by it or is obvious in the circumstances known to it. Unofficial table of contents

Section 30a Duties of superiors

They are responsible for the service ends that are subordinate to them. You have the duty to oversee the service. They may only grant official orders for official purposes and only in compliance with the law and the rules of service. Unofficial table of contents

§ 31 Service accommodation; communal catering

The service provider is obliged, on a service basis, to reside in a service housing and to participate in a communal catering. Official accommodation is any accommodation assigned by the Federal Office or a service centre. Unofficial table of contents

§ 32 Working time; internal service

(1) The working time of the service provider shall be governed by the provisions which apply or would apply to comparable employees in the place of work assigned to it. To the extent that such provisions do not exist, the provisions governing working time applicable to federal officials shall apply. (2) Outside the working time in force in accordance with paragraph 1, the service end shall participate in the teaching of the service; and (3) The use of the service provider in accordance with paragraph 2 is to be carried out two hours a day. do not exceed. Unofficial table of contents

Section 32a Use in labour disputes

During the period of a job directly affecting the place of employment, the service provider may not be employed in an activity which is not carried out in the place of employment as a result of the working struggle. Unofficial table of contents

§ 33 Nebenteability

(1) The end of the service shall be subject to a secondary activity of the permit, which may only be withheld if the secondary activity endangers the service or runs counter to the service requirements. (2) No authorisation is required by the Administration of own assets or assets subject to own benefit, as well as a writing, scientific, artistic or lecture activity. Such activities may be prohibited in so far as they endanger the service or are contrary to the service requirements. Unofficial table of contents

§ 34 Liability

(1) In the event that a service provider intentionally or grossly negligently has the duties assigned to him, he shall replace the Dienstherrn, whose duties he has performed, to replace the resulting damage. If a number of service providers have jointly caused the damage, they shall be liable as the total debtor. (2) Claims in accordance with paragraph 1 shall apply in three years from the date in which the service provider shall be liable for the damage and the person of the liable person. Knowledge gained without regard to this knowledge in ten years from the commission of the act. If a third person's dienstherr has paid damages, the point in time in which the Dienstherr becomes aware of the damage shall be the point in time when the third person's claim for replacement shall be the same as that in the case of the Dienstherr. (3) if the service provider benefits from the service provider and if he has a replacement claim against a third person, the substitute claim shall be sent to the service end. Unofficial table of contents

§ 35 Welfare; money and material covers; travel expenses; holidays

(1) In the case of persons who are subject to the law, in matters relating to the care, the remuneration, the travel expenses and the holiday, the provisions corresponding to the provisions applicable to a soldier of the lowest person shall be found on the persons subject to the service. (2) A service provider may be granted the Sold of the SoldGroup 2 after a period of service of three months, if its suitability, competence and performance are is justified. A service provider who receives Sold by Soldgruppe 2 can be granted the Sold of the SoldGroup 3 after a period of service of six months in the case of suitability, ability and performance. The Federal Ministry of Family Affairs, Senior Citizens, Women and Youth, in agreement with the Federal Ministry of Defence and the Federal Ministry of Finance, shall adopt administrative provisions for the implementation of sentences 1 and 2. (3) Contracts with The competent Federal Ministry for the health care of service providers as well as public railways for the payment of travel expenses shall be closed by the competent Federal Ministry. (4) The end of the service shall be free of charge. Work clothes are obtained. He is obliged to carry these at work and in internal service. Compensation claims for wear and damage of his/her own clothing in the service are only available to him if he had not received work clothes or was not obliged to wear them. (5) If during the exercise of the civil service he was responsible for the use of the service. any accident suffered by the end of the service has been damaged or destroyed or has been lost, the replacement may be made for replacement. If special costs have been incurred as a result of the first aid after the accident, the service end shall be replaced by the expenditure which is demonstrably necessary. Replacement for damaged, destroyed or lost items of clothing of the service provider shall be provided in accordance with the provisions of the third sentence of paragraph 4 only, in accordance with the provisions of sentences 1 and 2. The sentences 1 to 3 shall also apply to other accidents which establish a right to care in accordance with § § 47 and 47a. Section 50 (5) shall apply. (6) (6) (7) The provisions of Section 17 of the Staff Services Act on the remuneration for the month of death shall be applied accordingly. (8) A service obligation shall be passed on. during the service relationship to the consequences of a civil service damage, the parents or adoptive parents, if they have lived with the deceased at the time of death in the domestic community, receive a death grant, the amount of which shall be subject to the provisions of for soldiers subject to military service. Section 50 (5) shall apply. Unofficial table of contents

Section 36 Personnel files and assessments

(1) A personnel file shall be carried out on each duty subject; it shall be treated confidentially and shall be protected against unauthorised access. The personnel file includes all documents, including data stored in files, relating to the person liable to the service, insofar as they are in direct connection with his/her service (personnel data); to that end, also includes the documents relating to the determination of the suitability for use in the activity of the Tauriment. The personnel file shall not be included in documents intended to serve special purposes for the purpose of the person and the service, in particular documents relating to the accounting of medical examinations and treatments, and access to the latter. have only the medical service and the personnel responsible for medical care. Personal data may only be used for the purposes of the implementation of this Act and for the initiation and execution of a procedure for the withdrawal or revocation of recognition as a conscientiously objector without the consent of the service subject. ; this also applies to their processing (storage, modification, transmission, blocking and erasure) and use in automated files. (2) Personal data relating to service persons may only be collected, in so far as this is justified on the grounds of: Implementation, termination or settlement of the service or for the implementation of organisational, personnel and social measures, in particular also for the purposes of personnel planning and personnel deployment, or legal provision is permitted. Questionnaires with which such personal data are collected shall be subject to the approval of the competent top service authority on 1 January 1994. (3) Access to the personnel file may only be granted to persons who are responsible for personnel matters , and only to the extent necessary for the purposes of the implementation of this Act, and persons involved in the withdrawal or withdrawal procedures referred to in paragraph 1, and only to the extent necessary for the purposes of these procedures is required. Without the consent of the service subject, the personnel file may be passed on to other places and to doctors within the division of the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth, as far as this is within the scope of purpose of the service relationship. Physicians who, on behalf of the Federal Office for Civil Service, prepare a medical opinion may be presented with the personnel file without the consent of the person who is required to pay the service. For information from the personnel file, the rates 1 to 3 shall apply accordingly. To the extent that an information is sufficient, it must be seen from a transfer. Information to a third person may not be issued without special legal regulation only with the consent of the service subject, unless the defection of a significant impairment of the common good or the protection of the public is justified, the third person ' s higher-ranking interests, or the implementation of the withdrawal or withdrawal procedure referred to in paragraph 1. Contents, recipients and recipients of the information must be informed in writing to the liable party. There is no obligation to notify if the body requesting information has declared to the Federal Office that the notification would endanger public security and order or affect the common good. An automated data retrieval by other authorities is inadmissible unless otherwise specified by special legislation. (4) The service subject is liable to complaints, claims and assessments which are unfavourable to him or him can be disadvantageous, as well as to be able to listen to value judgments before they are included in the personnel file. His statement is to be taken on the personnel file. The operations referred to in sentences 1 and 2 shall be removed from the personnel file and destroyed at the request of the service person after three years from the staff file, unless they have been included in a service assessment or are subject to other the legal provisions of a longer repayment period. The time limit for removal is regularly interrupted by the initiation of criminal or disciplinary proceedings against the service subject. (5) The staff file of the liable party is so long after the end of the civil service relationship , as is necessary in particular for the performance of the service obligation or for reasons of supply law. It shall be at the latest upon completion of the 60. If it is not taken over by the Federal Archives, it should be destroyed. The records 1 and 2 apply to the information stored in files. § 12 (4) sentence 1 and 2 of the War Service Denial Act remain unaffected. (6) The service subject has a right of insight into his complete personnel file, even after his departure from the civil service relationship. An authorised person shall be granted access to the person in question, in so far as there are no official reasons for his/her opposition. This shall also apply to survivors if a legitimate interest is credibly made. In the case of information from the personnel file, the sentences 2 and 3 apply according to * (7) The service subject shall have a right of access to other files containing personal data relating to him and processed or used for his/her service. unless otherwise provided by law. The inspection shall be inadmissible if the data of the data subject is linked to data of a third person or to non-personal data in need of secrecy in such a way that the separation is not or only with disproportionate effort is possible. In this case, the Federal Ministry of Family Affairs, Senior Citizens, Women and Youth shall be informed by means of a regulation which does not require the approval of the Federal Council for further details on the subject matter of the following:

1.

the establishment and management of the staff file of the service subject, even for the period after his departure from the civil service;

2.

the procedure for the transfer, retention and destruction or the whereabout of the personnel files, including the transmission and deletion or the whereabout of the information stored in automated files, and the bodies involved therein,

3.

the establishment and operation of automated files, including access to the stored information;

4.

the details of the manner in which the person file or an automated file is granted and the person responsible for issuing the information is issued and the person responsible for the information is issued and

5.

the power of persons within the meaning of Section 203 (1) (1) and (2) of the Penal Code, which are active in the context of the free medical care of the person subject to the medical service, from the department of the person concerned with the investigation of the person who is liable to pay or with the person responsible for the service Preparation of expert opinions on him have been commissioned to disclose personal data subject to medical secrecy.

Unofficial table of contents

§ 36a (omitted)

- Unofficial table of contents

Section 37 Participation of the service providers

The participation of the service providers is governed by the Law on the Civil Service Provider of 16 January 1991 (BGBl. 47, 53). Unofficial table of contents

§ 38 Pastoral care

The service end is entitled to an undisturbed practice of religion. Participation in the divine service is voluntary. Unofficial table of contents

Section 39 Medical examination

(1) The recognised conscientiously objector shall be examined by a doctor.

1.

before the convocation, if there is evidence that he is not capable of civil service or is temporarily unable to serve civil service; that is to be assumed if he was withdrawn from the civil service due to temporary civil service incapacity and if he has been its application if its availability has not been established within the last two years prior to the convening;

2.

without delay after entering into service;

3.

in the case of civil service, if there is evidence to suggest that

a)

has not become capable of civil service or has been temporarily non-civil, or

b)

has suffered a civil service damage;

4.

before dismissal, if there is evidence that he has suffered a civil service damage or if he is requesting it.

(2) The recognized conscientic objector has to present himself to and to tolerate an ordered investigation; § 23a shall apply accordingly. Medical examination measures, which constitute a significant intervention in the physical integrity of the person or which are associated with a significant risk to the life or health of the person liable for the service, may only be carried out with his consent. . This does not include simple medical measures such as the removal of blood from the ear lobe, the finger or a blutader, or an X-ray examination. (3) The right of the service provider, on the occasion of the examination referred to in paragraph 1 (4) of the opinion. from doctors or doctors of his or her choice shall remain unaffected. The Federal Office may also collect other evidence; § 20 shall apply accordingly. Unofficial table of contents

§ 40 Preservation of health; medical interventions

(1) The service provider shall do everything in his power to maintain or restore his or her health. He must not interfere with this intentionally or with gross negligence. (2) Medical interventions in his physical integrity must be tolerated only in the case of measures intended to prevent and combat communicable diseases. Section 26 (2) sentence 3 of the Infection Protection Act of 20 July 2000 (BGBl. I p. 1045) shall remain unaffected. (3) If the end of the service is subject to reasonable medical treatment and if it unfavourably affects his/her ability to serve or work, he may be refused an otherwise pending supply. A medical treatment, which is associated with a significant risk to the life or health of the service provider, is not reasonable, even if it means a significant intervention in the physical integrity of the service. Unofficial table of contents

Section 41 Applications and complaints

(1) The service provider may submit applications and complaints, in which case he has to comply with the service. The appeal path to the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth is open. In addition, every service provider has the right to contact the Federal Commissioner or the Federal Commissioner for Civil Service directly. In the event of a complaint pursuant to the first sentence or the third sentence, the end of the service shall not be subject to administrative measures or at a disadvantage. (2) The complaint against the management of the office may be made by the President or by the President of the Commission. President of the Federal Office, she addresses the President of the Federal Office, she can be directly submitted to the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth. (3) Community complaints are inadmissible. Unofficial table of contents

Section 41a Volunteer Additional Civil Service

(1) The service subject may, upon request, provide additional civil service of at least three to a maximum of six months in so far as the budget is made available and the service is agreed. (2) The application in accordance with paragraph 1, it may not be made at the earliest two months after the beginning of the civil service. If the application is complied with, the Federal Office shall redefine the end of the service period, with the amendment of the notice of appeal. (3) Who shall serve as a service pursuant to paragraph 1 shall have the legal status of a service provider who is a recognised conscientious objector. Civil service. He shall be considered as a person who provides civil service on the basis of legal duty. (4) The service referred to in paragraph 1 shall be civil service within the meaning of this Act. Sections 52 to 57 and Article 59 (1) (2) shall not apply to the end of the service referred to in paragraph 1. (5) For special reasons, the service for the duration of the service referred to in paragraph 1 may grant a civil service surcharge up to the level of the amount of the service provided by the service provider. § 8c (2) of the German Military Soldact. The supplement shall not be reimbursed in accordance with § 6 (2) sentence 2. An increased fee for dismissal in accordance with § 9 paragraph 3 of the Wehrsoldgesetz is not paid. (6) End of service pursuant to paragraph 1 shall be entitled to a holiday holiday according to § 5 (2) of the Soldatinnen-und Soldatinnen-und Soldatenurlaubsverordnung.

Fifth Section
End of civil service; supply

Unofficial table of contents

Section 42 End of Civil Service

The civil service shall end by dismissal or exclusion. Unofficial table of contents

Section 43 Dismissal

(1) A service provider shall be dismissed if:

1.

the time fixed for the civil service has expired,

2.

he was unbridled or his conscription rests or ends,

3.

the availability of the sample notice, notice of appeal or the notification of conversion in accordance with section 19 (2) shall be repealed,

4.

in accordance with Section 11 (2), (4) or (6),

5.

the notice of appeal for one of the civil service exceptions referred to in § § 8, 10, 11 (1) to (3) and § § 14 to 15a should have been withdrawn or revoked,

6.

one of the civil service exceptions referred to in § § 8, 10, 11 (1) (2) and (3),

7.

according to his previous conduct by his continued service, the order in the civil service would be seriously endangered,

8.

it is indigestible,

9.

is withdrawn or withdrawn from the notice of recognition as a conscientiously objector,

10.

he told the Federal Office in writing that he was no longer refusing the war service with the weapon for reasons of conscience,

11.

it is temporarily not liable to civil service, the restoration of his civil service within the time fixed for the civil service is not to be expected and he or she will request his dismissal or agree to it.

(2) A service provider may be dismissed

1.

on his request, if the remaining in the civil service is for him on the grounds of personal, in particular domestic, professional or economic reasons, which are based on the date set for the entry into service or after the conversion pursuant to Article 19 (2) (2) and (2) and § 13 (1) (2) and (3) shall apply mutas to the provisions of the second sentence of paragraph 1 of this Article;

2.

in the event of a custodial sentence of three months or more or of a juvenile penalty not suspended for probation; the same shall apply where the suspension of a juvenile penalty is revoked.

(3) Who shall serve as a service in accordance with § 41a shall be dismissed prematurely upon his request, if:

1.

by agreement with the service; or

2.

The Federal Office does not examine whether the reasons given justify the withdrawal from the civil service after the dismissal.

He may, at the request of the department, be dismissed prematurely if his conduct or performance deficits, which may also be related to health, result in him having to meet the eligibility and performance requirements to be met by a Service ends are not or are no longer fulfilled. Section 44 (3) shall remain unaffected. Unofficial table of contents

Section 44 Date of termination of civil service

(1) In the case of dismissal, the civil service ends with the expiry of the day of release. (2) If a service provider does not apply to his service on the day he is to be dismissed, without the express permission to do so, he/she shall not be allowed to or if he is subject to the execution of the appeal, he shall be deemed to have been dismissed as at the end of that day. The obligation to serve under the conditions laid down in § 24 (4) remains unaffected. (3) If a service provider is in a hospital medical treatment on the basis of a medical instruction, the civil service shall cease to exist. that he was convened,

1.

if the inpatient treatment has been completed, but no later than three months after the date of release, or

2.

if he declares in writing within the three months that he does not agree with the continuation of the civil service relationship, with the date of submission of this declaration.

Unofficial table of contents

Section 45 Exclusion

(1) A service provider shall be excluded from the civil service if, by judgment of a German court, it is recognized in the scope of the Basic Law to the penalties, measures of measurement or minor consequences referred to in § 9 (1). The civil service contract ends with the expiry of the day on which the judgment has become final. (2) If no of the said penalties, measures of action or minor consequences are recognized in the retrial, the excluded from the Exclusion for the fulfilment of compulsory military service does not result in any adverse consequences. Unofficial table of contents

Section 45a Communications in criminal matters

(1) In criminal matters against civil servants, § 115 of the Federal Civil Service Act shall apply. (2) The communications shall be addressed to the Federal Office of Civil Service and shall be marked as a "confidential personnel matter". Unofficial table of contents

Section 46 Service-time certificate and certificate of service

(1) If a civil service has been provided, the Federal Office shall receive a certificate of service and a qualified certificate from the employment office. (2) The certificate shall provide information on the type and duration of the service, and on the the management, activity, performance and acquired skills of the service provider, provided that he has actually served at least three months ' service. (3) Under the conditions set out in paragraph 2, he/she shall be subject to an appropriate period before the end of the To provide civil service with a preliminary certificate of service. Unofficial table of contents

§ 47 Supply

(1) A service provider who has suffered a civil service damage shall be granted, after termination of the service, due to the health and economic consequences of the injury on request, supply in appropriate use of the Provisions of the Federal Law of Supply, insofar as nothing deviating from this law is determined. In the same way, the surviving dependants of a damaged person receive supplies on request. Partners of a similar community receive benefits in the appropriate application of § § 40, 40a and 41 of the Federal Law of Supply, provided that one partner is deceased to the consequences of the damage and the other, without the need for a He/she exercises the care of a Community child, which is limited to the first three years of life of the child. Sentence 4 shall apply accordingly if a partner has died in the period between 1 November 1994 and 23 June 2006 in respect of the consequences of the damage. (2) Civil service damage is a health injury caused by a service, by: an accident suffered during the exercise of the civil service or through the conditions of civil service. (3) A civil service damage is also a health injury caused by

1.

an attack on the service ends

a)

of its appropriate conduct of service, or

b)

of its membership in the civil service,

2.

an accident to which the service provider or the former service provider

a)

on a return journey, which is necessary in order to provide a cure for treatment, a spa treatment, a spa treatment as a group treatment or a job-promoting measure for the rehabilitation according to § 26 of the German Federal Law on Supply or, at the request of a competent authority or of a court, to appear in person on account of the supply of employment, or

b)

in the course of the implementation of one of the measures referred to in point (a).

(4) Civil service within the meaning of this provision shall also include:

1.

services related to civil service, services and service at the place of destination,

2.

the participation of a service provider in service events.

(5) Civil service shall also apply:

1.

the appearance of a service subject to an arrangement of a body responsible for the conduct of the civil service;

2.

the withdrawal of the route when the civil service is terminated and the return path is completed;

3.

the return of the civil service to and from the service.

4.

(dropped)

The relationship with the civil service shall be deemed not to be interrupted if the end of the service is different from the direct route between the home and the service, because:

a)

his child, who is living with him in a household, is entrusted to his/her spouse or his/her registered life partner for the professional activities of his/her spouse or his registered partner,

b)

to use jointly with other service providers or persons insured with a professional or statutory accident insurance, a vehicle for the journey to and from the office.

If, by reason of the removal of his permanent family home from the place of employment, or because of the obligation to live in a service in the place of employment or in the vicinity of the latter, the service is subject to accommodation, the first sentence of the first sentence and the second sentence shall also apply to the accommodation of the person in question. (6) A health injury within the meaning of paragraph 2 is the result of damage to a body worn on the body, spectacles, contact lenses or a dental prosthesis. (7) For the recognition of a Health disorder as a result of injury, the probability of Causal relationship. If the probability required for the recognition of a health disorder as a consequence of injury is not given because of the cause of the suffering found in the medical science of uncertainty, it is possible to use the Approval of the Federal Ministry of Health to recognise the health disorder as a result of injury; consent can be given in general. A damage intentionally caused by the damaged person shall not be considered a civil service damage. (8) § 60 of the Federal Supply Act shall apply with the proviso that the supply does not begin before the day on the day of the termination of the Pursuant to Section 60 (1) of the Federal Law of Supply, the provision of the service shall also begin with the day following the end of the service period, if the initial application is completed within one year after the end of the service contract. Termination of the civil service relationship. If a recognised conscientious objector, whose surviving dependants are entitled to the supply referred to in paragraph 1, is missing, the survivor's pension shall begin at the earliest with the first day of the month, by way of derogation from Section 61 of the Federal Supply Act, (9) Meeting claims arising from a civil service damage arising from claims arising from § 1 of the Federal Law of Supply Act or other laws relating to the payment of remuneration on the basis of the Service. for the application of the Federal Law on Supply, is available under (10) § 36 of the Federal Pension Act does not apply to the recognised conscientiously objector who is responsible for the damage caused by the damage caused by the damage caused by the damage caused by the damage. of the civil service, if the Federal Office has concerned the burial and transfer. (11) § 55 of the Federal Law of Supply is also to be applied when meeting the claims referred to in paragraph 1. Unofficial table of contents

§ 47a Supply in special cases

If a service provider has been granted a leave of absence, he or his survivors may, with the agreement of the Federal Ministry of Labour and Social Affairs, be granted a leave of absence for the performance of an activity which serves public interests or interests in the service. a health injury suffered by the end of the service by that activity or by an accident during the exercise of that activity, shall be granted in the same way as for the consequences of a civil service damage. Consent may be given in general. Unofficial table of contents

Section 47b accident protection in special cases

(1) In connection with § 10 (4) or (5) of the Federal Supply Act, a person entitled to health shall suffer a health injury caused by an accident in the performance of a stationary measure pursuant to § 47 (1) of the Federal Law on the Protection of Health (Bundespensions). in conjunction with Section 12 (1) or (4) or (26) of the Federal Supply Act or on the necessary return or return path, he shall receive, due to the health and economic consequences of the injury on request, supply in appropriate application The provisions of the Federal Supply Act. This shall apply mutagenly if the person entitled or recipient is following the request of a competent service provider or court to appear in person on account of the supply, and in the event of an accident. (2) Paragraph 1 shall apply: (3) If a carer suffers from an accident in the case of a spa in accordance with § 47 (1) in conjunction with § 12 (3) of the Federal Law of Supply (3), a person not insured pursuant to § 2 (1) No. 1 or 9 of the Seventh Book of Social Law Accompanying person a health injury caused by an accident in the event of an accident due to the consequences of the The injury necessary to accompany the damaged person on a path within the meaning of Article 47 (3) (2) (a) or in the case of the necessary accompaniming during the performance of a measure referred to in paragraph 1 shall apply in accordance with the first sentence of paragraph 1. Sentence 1 shall not apply if the damage to the health of the accompanying person is at the same time a civil service damage within the meaning of section 47 (2). (4) § 47 (6) applies accordingly. Unofficial table of contents

§ 48 Treatment of medicinal products in special cases

(1) Anyone who has performed civil service shall receive benefits in the appropriate application of § 10 (1) and (3), § § 11 and 11a and § § 13 bis (3) to the effect of a health disorder which is in need of treatment at the end of the civil service relationship. 24a of the Federal Supply Act. For the purposes of applying the provisions referred to in the first sentence, the health disorder identified shall be treated as a recognised succession of damage. (2) The benefits referred to in paragraph 1 shall be completed up to three years after the end of the Civil service. If a claim under section 47 is recognized before the expiry of this period, they shall be granted only up to the date of such recognition. In particular cases, they may be granted in consultation with the Federal Ministry of Labour and Social Affairs over the period of three years. They shall be credited to claims in accordance with § 47. (3) A right to the benefits referred to in paragraph 1 shall not exist,

a)

if and to the extent that an insurance institution (Section 29 (1) of the Fourth Book of the Social Code) is obliged to perform corresponding benefits or benefits from another law-with the exception of corresponding benefits after the Second Book the Social Code or the Twelfth Book of Social Law,

b)

if and to the extent that a corresponding claim consists of a contract, with the exception of claims arising from private health insurance or accident insurance,

c)

if the beneficiary has an income exceeding the annual earnings limit of statutory health insurance, or

d)

if the health disorder is due to own supremation.

Unofficial table of contents

Section 49 Health care allowance in special cases

§ § 16 to 16f of the Federal Law of Supply shall apply to a recognised conscientic objector who has served civil service and is incapable of work at the time of termination of the civil service as a result of civil service damage, with The following measures shall apply:

1.

If the recognised conscientiously objector did not pursue gainful employment, he shall be deemed to be incapable of work if he is not, or only with the risk of exacercing his condition, capable of pursuing gainful employment or vocational training. The date on which the incapacity for work is entered shall be the date of termination of the civil service.

2.

The income received by the recognised conscientic objector prior to the incapacity to work shall be deemed to be diminished by the incapacity for work even if the reduction resulting from the termination of the civil service is due to the expiry of the the time has been fixed for that purpose.

3.

In the case of income related to the occurrence of incapacity for work, ten-eighth of the remuneration paid before the end of the civil service is considered to be a service obligation. If, in the last calendar month, the person subject to the service had received an income before the date fixed for the entry into service, that income shall be decisive, provided that that is more favourable to him.

Unofficial table of contents

§ 50 Compensation for civil service damage

(1) Recognised conscientious objectors receive compensation in the amount of the basic pension and the sword damages allowance in accordance with § 30 (1) and § 31 of the Federal Law of Supply on the basis of the consequences of a civil service damage. (2) Damage to civil service in the sense of § 1 of the Federal Supply Act or of another law which provides for a corresponding application of the Federal Supply Act is the result of the entire damage consequences. The degree of damage followed. The amount of compensation resulting from this shall be deducted from the amount of the basic pension which is attributable to the extent of the consequences of the damage caused by the injury within the meaning of the Federal Supply Act or the other law. The remaining amount shall be granted as compensation. (3) § 47 (7) sentence 2 and § 47a shall apply. (4) The compensation shall begin with the month in which its conditions are fulfilled. § 60 (4) sentences 1 and 2 and § 62 (2) and (3) of the Federal Supply Act shall apply mutatily. The right to compensation only exists for the period up to the end of the civil service. If a service obligation is lost, the right to compensation shall only exist for the period up to the end of the month in which the Federal Office determines that the disappearing of the lost person is likely to be accepted. If the person returns, his right to compensation shall be repaid for the period of time for which the payment shall be repaid on the basis of the service. (5) The right to compensation can neither be assigned nor pledged nor shall be pledged. The offsetting of a claim for a refund of too much compensation is permitted. Unofficial table of contents

Section 51 Implementation of the supply

(1) The supply in accordance with § § 47 to 49 shall be carried out by the authorities responsible for the implementation of the Federal Supply Act on behalf of the Federal Government. (2) In matters relating to § 35 (5) and (8) and § 50, the law shall be passed on to the Administrative procedures for the provision of war victims, in accordance with § § 60 to 62 and 65 to 67 of the First Book of the Social Code and the Tenth Book of Social Code accordingly. In matters referred to in paragraph 1, in so far as the supply of employment is not in the provision of the services of the victims of war, in accordance with § § 25 to 27i of the Federal Supply Act, the law on the administrative procedure of the (3) In the case of disputes in matters referred to in paragraph 1, insofar as the supply of employment shall be subject to the provisions of the Social Code, the provision of such services shall be subject to the following conditions: not in the provision of the services of the victims of war, in accordance with § § 25 to 27i of the § 35 (5) and (8) and § 50 of the German Federal Law of Supply (BundesSupply Act) are the legal path before the courts of the social justice system. The provisions of the Social Courts Act shall apply in accordance with the following measures:

1.

Has a court of social jurisdiction in matters of § 35 (5) and (8) and § 50 on the issue of civil service damage or health injury in the sense of § 47a and the causal relationship of a health disorder with The decision shall be deemed to have been legally binding in accordance with the provisions of Section 47 (2) to (7) or (47a) or the existence of a health disorder as defined in § 47 (7) sentence 2, the decision shall also apply to a case based on the same cause. Litigation concerning a claim pursuant to section 47 (1) binding; in matters of paragraph 1 To apply half-sentence 1 accordingly.

2.

If the country is referred to as a participant in the procedure for the affairs of the provision of war victims, the Federal Republic of Germany shall replace it.

3.

The Federal Republic of Germany is represented by the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth. This may be transmitted by the general order to other authorities; the order is to be published in the Federal Law Gazans.

4.

Points 2 and 3 shall apply only in matters of section 35 (5) and (8) and § 50.

Points 2 and 3 apply only in matters of section 35 (5) and (8) and § 50. (4) § 88 (8) and (9) of the Soldatenpensions Act (Soldatenpensions Act). Unofficial table of contents

Section 51a of the transfer regulations on the occasion of the production of the unity of Germany

The Federal Government is empowered to determine, with the consent of the Federal Council for the Civil Service Damage of Service-Duty Transitional Arrangements, the special conditions set out in Article 3 of the Code of Law. The provisions of the Agreement shall be taken into account. The authorisation for a regulation extends, in particular, by way of the type, calculation basis, the amount of benefits and the rules on rest, by way of derogation from this law.

Sixth Section
Penal, penal and disciplinary provisions

Unofficial table of contents

Section 52 Own-power absence

Anyone who leaves the civil service in his own power and is absent from the civil service and is intentionally or negligently absent for more than three full calendar days shall be punished with imprisonment of up to three years. Unofficial table of contents

Section 53 Official flight

(1) Any person who leaves the civil service in his own power or remains in the civil service in order to withdraw from the obligation to serve civil service permanently or in the event of a defence or to achieve termination of the civil service shall be punishable by imprisonment until the end of the civil service. for five years. (2) The trial is punishable. (3) If the offender is within a month and is willing to comply with the civil service obligation, the penalty shall be punishable by imprisonment for up to three years. (4) The provisions on the An attempt to participate in accordance with Section 30 (1) of the Criminal Code shall apply to the offences referred to in Paragraph 1 accordingly. Unofficial table of contents

§ 54 Non-compliance with orders

(1) Imprisonment of up to three years shall be punished,

1.

who refuses to comply with an official order by refusing to speak or act against them; or

2.

who insists not to follow a service arrangement after it has been repeated.

(2) If, in the cases referred to in paragraph 1 (1), the perpetrator refuses to comply with an official order, which is not to be executed immediately, he or she shall, in good time and voluntarily, be able to depart from punishment. (3) In the case of paragraph 1 the end of the service is not unlawful if the service is not binding, in particular if it is not given for service purposes or if the human dignity is violated or if by following an offence or by a It would be unduly committed. This also applies if the service provider is mistaken, the service order is binding. (4) A service provider does not follow a service arrangement because it is mistaken for the execution of a criminal offence or for a criminal offence. (5) If a service provider erroneously assumes that a service is not binding on other grounds, he shall comply with the provisions of the following paragraph: Therefore, it shall not be punishable under paragraph 1 if it has not been able to avoid the error and, in accordance with the provisions of paragraph 1, it shall not be punishable the circumstances known to him were not to be expected to defend himself with legal remedies against the supposedly non-binding order; if that was to be done to him, the court may not be punished by a punishment in accordance with paragraph 1. Unofficial table of contents

Section 55 Participation

Because of incitement and aid to an illegal act which implements a criminal offence under this law, and because of the attempt to take part in the flight of services (Section 53 (4)), it is also punishable who is not a service provider. Unofficial table of contents

Section 56 Exclusion of the fine

If a service provider commits an offence under this law, a fine may not be imposed in accordance with Section 47 (2) of the Criminal Code even if special circumstances, which are in fact or the personality of the perpetrator, impose the imposition of Imprisonment for the maintenance of discipline in civil service areas. Unofficial table of contents

§ 57 Administrative Offences

(1) Contrary to the law, those who intentionally or negligently act

1.

in accordance with Section 23 (4), sentence 1 or 2, of an obligation on the part of the civil service in the course of civil service supervision

2.

the obligation, as determined in Article 39 (2), first sentence, to be presented and to be condoned to an ordered investigation.

(2) The administrative offence can be punished with a fine. (3) The Federal Office shall be the administrative authority within the meaning of Section 36 (1) (1) of the Act on Administrative Offences. Unofficial table of contents

§ 58 Service-related

A service provider is committing a service if he culpably violates his duties. Unofficial table of contents

§ 58a Ahndung of service contracts

(1) Service misconduct may be punishable by disciplinary action. (2) The competent disciplinary authority, or the competent disciplinary authority, shall determine, in accordance with its discretion, whether and how to intervene in accordance with this Act, as a result of a service. It must also take account of the entire service and non-service conduct. (3) If six months have elapsed since a service pass, a disciplinary measure must no longer be imposed. The deadline does not expire as long as the facts are the subject of an investigation under Section 62, a complaint pursuant to Section 65 (2), proceedings before the Administrative Court in accordance with Section 66, a criminal procedure or a fine-monetary procedure. (4) A misconduct may only be punished once in a disciplinary way. A number of breaches of duty by a service provider, which can be decided at the same time, must be deemed to be a miserable service. Unofficial table of contents

§ 58b Relationship between disciplinary measures on penalties and disciplinary measures

(1) Where a court or authority has imposed a penalty or disciplinary measure, disciplinary measures may only be imposed on the same facts if this is additionally necessary in order to maintain order in the civil service or if the reputation of the civil service is seriously affected. If the end of the service is acquitted in a criminal or penal procedure, or in accordance with Section 153a (1) sentence 5 or 2 sentence 2 of the Code of Criminal Procedure, after the fulfilment of conditions and instructions, no offence can be pursued as an offence, shall be subject to disciplinary measures only if necessary in order to maintain order in the civil service or where the misconduct has seriously undermined the reputation of the civil service. (2) If a disciplinary measure has been declared indisputable and shall be subject to the same Facts subsequently imposed by a court or a public authority a sentence or disciplinary measure, or in accordance with Section 153a (1) sentence 5 or paragraph 2 sentence 2 of the Code of Criminal Procedure after the fulfilment of conditions and instructions, no more than If they are pursued, the disciplinary measure shall be lifted at the request of the service provider or of the former service provider if it is not additionally required under paragraph 1. This shall not apply if the disciplinary measure has been expressly taken into consideration in the criminal proceedings or the fine. (3) The request referred to in paragraph 2 shall be with the President or the President of the Federal Office or, if the Administrative Court (§ 66), to submit to this. The decision shall be sent to the service provider and, if it is taken by the administrative court, also to the President of the Federal Office. (4) If the President of the Federal Office of the Federal Office of the Federal Republic of Germany remembers the lifting of the If disciplinary action has been taken, the service provider may request the decision of the Administrative Court. The application shall be submitted in writing to the President or President of the Federal Office within two weeks of the notification of the decision; the time limit shall also be maintained if the request is received by the Administrative Court during the course of its running. The Administrative Court shall, without oral proceedings, decide definitively by decision. The second sentence of paragraph 3, section 65 (1) sentence 3 and section 66 (3) shall apply mutatily. Unofficial table of contents

§ 58c Förmliche Anrecognungen

(1) A formal plea and outstanding individual actions may be recognised by formal recognition. (2) A formal recognition shall be withdrawn if it is subsequently established that the conditions under which they are met shall be withdrawn. , was not available. The withdrawal shall be justified. Before the decision is taken, the end of the service is to be heard. (3) If the formal recognition is withdrawn, it is also to be decided whether a special holiday taken in the claim is to be attributed in whole or in part to the holiday holiday. An offsetting of the special leave to be taken into account for the holiday period shall not be taken into account, insofar as this would constitute a particular hardship. (4) Paragraphs 1 to 3 shall also apply to former service providers. Unofficial table of contents

Section 59 Disciplinary measures

(1) Disciplinary measures shall be

1.

reference,

2.

initial limit,

3.

Fine,

4.

Non-granting of a higher level of soldgroup,

5.

Downgrade to a lower soldgroup.

(2) The initial restriction and the fine may be imposed next to each other. Unofficial table of contents

§ 60 Content and amount of the disciplinary measures

(1) Reference shall be the formal tadel of a certain non-compulsory behaviour of the service provider. Any dismissive statements made by one or more of the disciplinary superiors (referrals, exhortations, beadings and the like), which are not expressly referred to as reference, are not disciplinary measures. (2) The curfew shall consist of: Prohibition to leave the service without permission. It takes at least one day and a maximum of 30 days. The amount of the fine may not exceed the amount of the Soldes for four months. The amount of the fine must not exceed the amount of the Soldes for four months. Unofficial table of contents

Section 61 Disciplinary Board

(1) The President of the Federal Office shall be responsible for the exercise of the disciplinary powers. She or she may delegate this power to officials appointed for this purpose or officials of the Federal Office who have the competence to judge. (2) The management of services as well as their representatives and the regional supervisors. Regional supervisors of the Federal Office may transfer the President or the President of the Federal Office of Disciplinary Powers to impose references, initial restrictions of up to ten days and fines up to the amount of a monthly solemn. The transfer can be revoked at any time. If the end of the service is transferred before a disciplinary procedure is completed by the imposition of a disciplinary measure or by a cessation, the responsibility for the disciplinary or the disciplinary authority shall be determined by: (3) The disciplinary authority referred to in paragraph 1 shall be competent if the disciplinary authority or the competent disciplinary authority referred to in the first sentence of paragraph 2 is in fact involved or personally infringed by it or is committed to the offence. Unofficial table of contents

Section 62 Investigating

(1) Where facts are known to justify the suspicion of a service, the competent disciplinary authority or competent authority shall carry out the investigation necessary to clarify the facts of the case. In doing so, it is not only the onerous but also the relieving and the circumstances which are important for the assessment of the disciplinary measure to be determined. § 20 shall apply accordingly. The service provider shall be informed of the investigation as soon as this is possible without endangering the investigative purpose. (2) The actual findings of a final judgment in the criminal proceedings or fine-fine procedures on which the decision is based are to be found in the case of the (3) The actual findings made in another legally ordered procedure are not binding, can, however, take the decision in the disciplinary procedure without reassorting Examination shall be based on. Unofficial table of contents

Section 62a Suspension of proceedings

An initiated disciplinary procedure may be suspended until the end of criminal proceedings pending for the same act. This shall not apply if the statement of facts is secured or if, for reasons, it cannot be negotiated in the criminal proceedings, which lie in the person or in the conduct of the service provider. Unofficial table of contents

§ 62b Hearing

(1) Before taking the decision, the service provider shall be given the opportunity to express his views. (2) The participation of the trustee in the act of deferment of service is governed by Section 22 of the Act on the Confidence Man of the Civil service providers of 16 January 1991 (BGBl. 47, 53). In the absence of a person of confidence, the holding or staff council shall be consulted on the person of the service provider and on the facts; the facts shall be disclosed to him beforehand. Unofficial table of contents

Section 63 Setting of the procedure

If the investigation fails to establish a service, or if the disciplinary authority or the disciplinary authority does not consider that disciplinary action is admissible or appropriate, it shall establish the procedure and shall inform the service provider thereof. Unofficial table of contents

Section 64 Imposition of the disciplinary action

(1) If the procedure is not discontinued, the disciplinary officer shall impose the disciplinary action. (2) If the disciplinary officers competent pursuant to § 61 (2) sentence 1 do not hold their disciplinary powers sufficiently, they shall carry out the disciplinary action. Decision of the Disciplinary Board or the Disciplinary Board referred to in § 61 (1). (3) The President or the President of the Federal Office may not be appointed by any other disciplinary authority or any other disciplinary authority. shall be subject to disciplinary action on the basis of the same facts. Unofficial table of contents

§ 65 Disciplinary Decree; complaint

(1) The disciplinary measure shall be imposed by means of a written reasoned disciplinary order to be sent or opened to the service provider. A copy shall be recorded at the opening; a copy of the disciplinary decree shall be handed out to the service provider. At the same time, he or she shall be informed in writing about the possibility of challenge, of the position to be taken in relation to the dispute, and of the form and time limit of the dispute. (2) The end of the service may be contrary to the disciplinary provisions of the In accordance with Section 61 (2), first sentence, within two weeks of the date of delivery or opening, the disciplinary board shall lodge a complaint in writing or orally. The appeal shall be lodged with the competent disciplinary board or the President of the Federal Office or the President of the Federal Office. If the appeal is filed orally, a minutes shall be recorded which shall be signed by the end of the service. If the appeal is filed with the disciplinary board or the disciplinary board responsible pursuant to section 61 (2) sentence 1, it shall be submitted within a week with an opinion of the President or the President of the Federal Office for a decision. The decision on the appeal must not aggravate the disciplinary action. It must be delivered. The third sentence of paragraph 1 shall apply accordingly. Unofficial table of contents

Section 66 Call to the Administrative Court

(1) In the event of disciplinary orders of the disciplinary authority referred to in § 61 (1) and against decisions of the President or of the President of the Federal Office pursuant to Section 65 (2) sentence 4, the following may be taken within two weeks after the date of delivery or the opening of the (2) The application must be submitted in writing to the President or the President of the Federal Office and give reasons for the application; the application deadline will also be maintained if the application is submitted during the course of the application. administrative court. The Administrative Court may order oral proceedings. The decision shall be taken by decision on the disciplinary decision; the decision shall be indisputable. It may, in the decision, maintain, repeal or amend the disciplinary provisions in favour of the service provider. It may also set the disciplinary procedure if it considers a misconduct to be proven, but after the entire conduct of the service provider a disciplinary measure does not appear to be indicated. The decision shall be sent to the service provider. (3) The administrative court in whose district the applicant has served at the time of conduct which he is charged as a service shall be subject to the decision. If a number of administrative courts are to be considered, the administrative court in whose district the applicant has last served shall be responsible. § 45 sentence 3 and 4 of the Federal disciplinary law shall apply accordingly. The provisions of the Federal disciplinary law shall apply to the appointment of the board of the Administrative Court and the proceedings, in so far as they do not conflict with the provisions of this law or, unless otherwise specified in this law, is determined. To the position of the officials ' sitter, or of the civil servant, who is to belong to the administrative branch and, if possible, to the career group of the official against whom the disciplinary procedure is directed (Article 46 (1) sentence 3 of the Staff Regulations). Federal disciplinary law), a co-sitter who has been resident in the district of the competent administrative court and who has provided civil service. The Federal Office of Justice appoints the Beisitzer for a period of five years on a proposal from the Federal Office. (4) The continuation of the proceedings and the substantive decision are not affected by the fact that the service relationship of the service provider ends. Unofficial table of contents

Section 67 Repeal of the Disciplinary Decree

(1) In the case of Section 66 (2), the Administrative Court confirms the decision under appeal, mitigates the disciplinary action, establishes the disciplinary procedure pursuant to § 66 para. 2 sentence 6 or does not establish a service and lifts it out of that the disciplinary authority shall be exercised again in favour or in favour of the service provider only on the grounds of such significant facts or evidence as may be taken by the court in its decision were not known. The new exercise of disciplinary powers is reserved for the President of the Federal Office. (2) In addition, the President of the Federal Office may at any time repeal a disciplinary order and reopen it in the case of the President of the Federal Office. decision. A tightening of the disciplinary measure by type and height shall be admissible only if the disciplinary order has been repealed within six months of its adoption. (3) The President or the President of the Federal Office has a To repeal disciplinary action and to decide on the matter if, after the indisputability of the same facts, a judgment in criminal proceedings or fine proceedings against the service provider have been brought to a judgment shall be subject to a final decision, the actual findings of which shall be valid, in so far as they are significant, (4) The service provider or the former service provider may apply for the annulment of a disciplinary measure which is no longer countervailable if new facts or evidence have been provided, which may lead to the cancellation of the disciplinary action. (5) § 62b (1), § 65 (1) sentence 3 and § 66 shall apply accordingly. Unofficial table of contents

Section 68 Enforcement

(1) The disciplinary measures shall be enforced by the disciplinary authorities who have imposed them; they may commission the management of the service or its representation with the execution, unless such persons are in fact have been or have been injured by them. (2) The reference shall be deemed to be enforceable as soon as it is unenforceable. (3) Initial restriction, fine, non-granting of a higher level group and downgrade to a lower soldgroup shall not be Expiry of the third party on the delivery or opening of the disciplinary decree the following day. The date provided for the commencement of enforcement shall be ordered by the superiors or the superiors authorized pursuant to paragraph 1. (4) The appeal pursuant to Section 65 (2) shall only impede the enforcement of the initial restriction if: it has been lodged before the commencing of the period of enforcement. The application for a decision of the Administrative Court in accordance with Section 66 (1) does not impede enforcement; the Administrative Court may suspend execution. (5) The initial restriction shall be enforced on successive days. The executing supervisor may order the end of the service to be notified at reasonable intervals at superiors ' level. It may, for urgent reasons, exempt the service provider from the restrictions placed on one or more days for a certain period of time; the period of enforcement shall not be extended thereby. (6) Administrative law on enforcement. You can be deducted from the Sold or, if the service relationship ends, from the dismissal money. In the case of execution in the Sold, no more than half of a monthly soldier may be withheld monthly. Fines can also be executed after the release date. (7) disciplinary measures may no longer be enforced upon expiry of six months after the disciplinary order has become unenforceable. The time limit shall be maintained if enforcement begins before the end of the period. Unofficial table of contents

Section 69 Information

(1) Information on formal recognitions and disciplinary measures shall be provided without the consent of the service provider or the former service provider.

1.

in places within the civil service, in courts and public prosecutors, to the extent that this is necessary for the performance of tasks within the competence of the recipient or the recipient, and

2.

to the injured in the exercise of their rights.

Under these conditions, the transmission of documents shall also be permitted. Information on formal recognitions and disciplinary measures which are subject to payment or repayment shall be provided only with the agreement of the service provider or the former service provider. (2) The recipient or the recipient shall be entitled to the Process or use information only for the purpose for which it has been communicated to it. Unofficial table of contents

§ 69a Tilgung

(1) Any entries in the personnel files relating to disciplinary measures shall be paid out after one year; the operations resulting from this shall be removed from the personnel files and destroyed. Disciplinary measures to be paid shall not be taken into account any more. (2) The time limit shall begin with the date on which the disciplinary measure is imposed. It does not end as long as criminal proceedings or disciplinary proceedings may be suspended or any other disciplinary measure may be taken into consideration against the service provider. (3) If a disciplinary measure is lifted, it shall be redeemed. If it has had an impact on the calculation of repayment periods, they shall be recalculated. (4) After the expiry of the period, the recognised conscientious objector shall be deemed not to have been subject to disciplinary measures during the civil service; he shall be entitled to receive any information on the refuse to take disciplinary action and the underlying misconduct. In that regard, he may declare that no disciplinary action has been imposed against him. Unofficial table of contents

§ 70 Mercy Law

The President of the Federal Republic of Germany or the President of the Federal Republic of Germany is entitled to the right of grace with regard to the disciplinary measures imposed under this Act and the exclusion in accordance with section 45 (1) of this Act. She or he shall exercise it himself or carry out the exercise of other bodies.

Seventh Section
Specific procedural rules

Unofficial table of contents

Section 71 Form and disclosure of administrative acts; deliveries

(1) Non-favourable administrative acts pursuant to this Act shall be adopted in writing. (2) Administrative acts referred to in paragraph 1 shall be notified. In addition, as far as this is determined by this law or by order of a body responsible for civil service. (3) For the service, § § 2 to 15 of the Administrative Delivery Act, Section 7 (1) shall apply, however, with the The condition to be delivered to minors themselves. The Federal Office shall arrange delivery abroad; it shall have the effect of public service. Unofficial table of contents

Section 72 contradiction

(1) The Federal Office shall decide on the objection to administrative acts on the basis of this Act. (2) The objection to administrative acts concerning the availability, use or dismissal of the recognized conscientic objector shall be within two weeks. Unofficial table of contents

Section 73 Appeal of the notice of appeal

If the model notification has become indisputable, an appeal against the notice of appeal or the notification of conversion pursuant to section 19 (2) shall be admissible only in so far as a violation of the law is asserted by the person himself. Unofficial table of contents

Section 74 Exclusion of the suspense effect of the objection and the action

(1) The objection to the notice of appeal, the opposition to the annulment of a notice of appeal, the opposition to the sworn-in examination notice and the opposition to the notification of conversion pursuant to section 19 (2) of the above-law no suspensive effect. (2) The action against the Taugness examination notice, the action against the notice of appeal, the action against the cancellation of the notice of appeal, the action against an appeal against an appeal against the right to appeal, the action against a decision to challenge the Notification of conversion pursuant to section 19 (2) as well as the action against a challenge against A notice of availability shall not have suspensive effect. The court has to hear the Federal Office before ordering the suspenseding effect or the removal of the enforcement. Unofficial table of contents

Section 75 Legal remedies against decisions of the Administrative Court

The appeal against a judgment, insofar as it concerns the availability, use or dismissal of the recognized conscientic objector, and the appeal against other decisions of the Administrative Court are excluded. This does not apply to the complaint against the non-authorisation of the revision in accordance with § 135 in conjunction with § 133 of the Administrative Court order and the appeal against decisions on the legal path pursuant to § 17a (2) and (3) of the Law on Judith Law. Pursuant to Article 17a (4) sentences 4 to 6 of the Law on Legal Affairs, the appeal against decisions on the legal path shall be applied in accordance with the law. Unofficial table of contents

§ 76 Rights of the legal representative

The legal representative of the recognized conscientic objector may submit applications, make complaints and make use of legal remedies within the time limits for which it is based, in so far as it is concerned with the availability of the civil service. . Unofficial table of contents

Section 77 Scope

§ § 71 to 76 shall not apply to the extent that administrative acts are issued by other bodies other than those referred to in § 2 (1) and (5a).

Eighth section
Final provisions

Unofficial table of contents

Section 78 Corresponding application of further legislation

(1) For recognised conscientic objectors,

1.

the Employment Protection Act, with the proviso that the Federal Ministry of Defence and the Federal Ministry of Family Affairs, Senior Citizens, Women and Youth and the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth are appointed by the Federal Ministry of Defence in accordance with Section 14a (2) of the German Federal Ministry of Defence and the The Federal Ministry of Family Affairs, Senior Citizens, Women and Youth shall be replaced by Section 14a (6) of the Federal Ministry of Defence, and shall be replaced by the Basic Service of Civil Service;

2.

the maintenance law, with the proviso that, in § 23, the Federal Ministry of Defence shall be replaced by the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth, and that the Civil Service shall be replaced by the Basic Defence Service.

(2) Unless otherwise provided in this Act, the Civil Service and the Voluntary Additional Civilian Service shall be equal to the military service in accordance with the provisions of the German Civil Service Act. Unofficial table of contents

Section 79 Rules relating to the case of tension or defence

In the case of a voltage or defence, the following special provisions shall apply:

1.

Section 4 (1) (7) of the German Wehrpflichtgesetz (Wehrpflichtgesetz)

2.

Section 43 (1) (1) shall not apply.

3.

Defendants who have applied for their recognition as conscientiously objectors can be called to the civil service before deciding on the application for recognition.

4.

Provisions pursuant to Section 11 (2), (4), (5) and (6) from the time before the onset of the tensioning or defence case shall be withdrawn; pursuant to section 14a (1) and (2), section 14b (1) and 14c (1) (1) and (1) (1) and § 14c (1), service persons not previously employed in the civil service may shall be convened. Provisions pursuant to § 11 (2) and (5) shall not take place. Provisions pursuant to section 11 (4) shall be admissible if the use of the civil service in the case of a tension or defence would be an unreasonable hardship.

5.

In the cases of § 19 para. 4, the hearing does not require.

6.

Section 15a (1) shall apply if the recognised conscientious objector, who is prevented from providing civil service for reasons of conscience, proves within four weeks of the date of the occurrence of the tensioning or defence case that he/she is in a position to Employment relationship with normal working time in a hospital or other institution for the treatment, care and care of persons. Section 15a (2) shall not apply.

Unofficial table of contents

Section 80 Restriction of fundamental rights

The fundamental rights of physical integrity (Article 2 (2) sentence 1 of the Basic Law), the freedom of the person (Article 2 (2) sentence 2 of the Basic Law), the free movement of persons (Article 11 (1) of the Basic Law) and the inviolability of the Flat (Article 13 of the Basic Law) as well as the right to petition (Article 17 of the Basic Law) are restricted in accordance with this law. Unofficial table of contents

§ 81 (omitted)

- Unofficial table of contents

§ 81 Transitional provision on the occasion of the German Law on the Law of Amendment 2010

(1) Service providers who have served civil service six months or more on 31 December 2010 shall be dismissed by the end of this day. They may, at the request of civil service, pay for the period prescribed up to 30 November 2010 if they apply for this before dismissal. (2) For persons who are not subject to the provisions of paragraph 1 and who are part of the civil service pursuant to § 24 (2) sentence 1 of this Act, in conjunction with Section 5 (1a) of the German Law on the Protection of Obligations (Wehrpflichtgesetz), which has been convened in the version valid until 30 November 2010, is the service period in accordance with the first sentence of Article 24 (2) of this Act, in conjunction with Section 5 (2) of this Act. of the German Wehrpflichtgesetz (Wehrpflichtgesetz) in the version in force as from 1 December 2010. The second sentence of paragraph 1 shall apply accordingly. (3) End service providers who have been convened in connection with the civil service pursuant to Section 24 (2) sentence 1 of this Act in connection with Section 5 (1a) of the German Wehrpflichtgesetz (Wehrpflichtgesetz) in the version in force until 30 November 2010, not in accordance with the first sentence of paragraph 1 and the period of service of which has not been reestablished in accordance with the first sentence of paragraph 2, the special grant and the allowance shall be paid in accordance with Articles 7 and 9 of the Wehrsoldgesetz (Wehrsoldgesetz) in the following date: 30 November 2010 valid version. (4) Service ends convened before 1 December 2010. Leave according to § 5 paragraph 1 sentence 2 of the Soldatinnen-und Soldatenurlaubsverordnung, if they are dismissed pursuant to paragraph 1. In this case, the holiday entitlement shall be determined for the entire duration of the civil service pursuant to § 5 paragraph 1 sentence 2 of the Soldatinnen-und Soldatinnen-und Soldatinnen-und Soldatenurlaubsverordnung. (5) Recognizing conscientious objectors, which according to the law of the service in the Civil protection or civil protection pursuant to Article 14 (1), first sentence, have to be dismissed upon request from their obligation if they have provided the commitment period of 1 December 2010 as provided for in the first sentence of 30 November 2010. For recognised conscientic objectors who are entitled under the law

1.

in the case of civil protection or civil protection in accordance with Article 14 (1) sentence 1,

2.

to another service abroad pursuant to § 14b (1) sentence 1 or

3.

on a voluntary service under the Youth Voluntary Service Act (§ 14c (1) sentence 1)

, or who have entered into a free employment relationship according to § 15a (1), the obligation to provide civil service shall be issued if, after 30 November 2010, the civil service is to be provided on the basis of the provisions of the The commitment period has been provided. Unofficial table of contents

§ 81a Further transitional provision on the occasion of the German Law for the Protection of the Law 2010

For the voluntary service of recognised conscientic objectors in accordance with § 14c, who have served until 31 December 2010, § 14c (4) and the Conscientic objectors ' Regulation of 1 August 2002 shall apply in the 30 November 2002 2010. Unofficial table of contents

§ 82 Transitional provision on the occasion of the amending act of 31 July 2008 (BGBl. I p. 1629)

To recognized conscientiously objectors, who are prior to the entry into force of the Law of 31 July 2008 (BGBl. I p. 1629), § 16 (1) sentence 1 is still to be applied in the version valid up to that date. Unofficial table of contents

Section 83 Transitional provision on the occasion of the law
on the introduction of a federal voluntary service

(1) The terms of office of the current Federal Commissioner and of the current Advisory Board for the Civil Service shall expire on 31 December 2011. (2) Revocation of a civil service commencing on 30 June 2011 shall be revoked. (3) Civil service providers who have been convened for a civil service beyond 30 June 2011 shall be dismissed upon request at the end of this day. (4) Civil service providers, which shall become a civil service beyond 30 June 2011 have been convened and have not submitted an application in accordance with paragraph 3, shall be at the latest by the end of the 31 December 2011. You will be granted special leave as of December 16, 2011. (5) Anyone who provides civil service after 30 June 2011 shall be considered as a person who provides civil service on the basis of statutory duty. (6) To the extent that provisions are laid down in accordance with this law, that apply to soldiers shall apply to civil service providers until 31 December 2011, in their version valid on 30 June 2011.