On Civil Service

Original Language Title: О государственной службе

Read the untranslated law here: http://minjust.gov.tm/ru/mmerkezi/doc_view.php?doc_id=15096


On Civil Service *
* Translation from the state language of Turkmenistan.

This Law determines the legal and organizational basis of public service in Turkmenistan, conditions and procedures for the implementation of the rights of citizens of Turkmenistan on public service
.

CHAPTER I. GENERAL PROVISIONS

Article 1. Public service

1. State service is a professional activity carried out by civil servants on implementation of power aimed at achieving the objectives of the government.
2. In the public service entrusted to prepare proposals on the implementation of the state policy in the field, the development or review of draft regulations, administrative services, state control, state property management, personnel management of public bodies or their unit and other tasks directly related to the implementation of powers public authority.

Article 2. Legal basis of public service

1. The legal basis for the civil service is the Constitution of Turkmenistan, this Law and other normative legal acts of Turkmenistan.
2. This Law regulates relations arising in connection with entering into the civil service, its passing and stopping, and determines the status of a civil servant. 3
. On the relations connected with the public service, are not regulated by this Act, subject to the provisions of the labor and other laws of Turkmenistan.

Article 3. The basic concepts used in this Law

1. In the present Law the following basic concepts:
1) a public servant - a citizen of Turkmenistan, the incumbent indicated in the Register of civil servants, and conducting activities to implement the tasks of the public service;
2) public authority - body established in accordance with normative legal acts of Turkmenistan and exercising the powers of public authorities in the relevant area of ​​government activity;
3) the position of the public service - a definite structure and staffing of the structural unit of the state body with official duties, established in accordance with the law within the powers defined by this Law;

4) official - a person who permanently, temporarily or on special authority exercising the functions of a representative of authority or performing organizational-managerial, administrative or economic control and audit functions in government;
5) The head of the civil service in state bodies - the officer holding high office in the public service in the public authority to officials whose responsibilities include the execution of powers of the Public Service in him;
6) official powers - powers provided for specific positions of public service, consistent with the objectives and challenges faced by government agencies, which operate public servants who have the rights and duties established by the legislation of Turkmenistan;
7) duties - a list of tasks and authorities designated for the post of the civil service, which is required to perform public servant and set him to the job description; 8) duties - collection of the duties of the civil servant defined by this law, internal labor regulations state body and its functions;

9) public office - a structural unit of the state body, which is responsible for a list of powers and duties established by normative legal acts of Turkmenistan, as well as given the right to make decisions relating to the implementation of the tasks of the civil service, on this list;
10) competence of civil servants - the presence of a civil servant necessary for the performance of official duties of educational qualification level and experience, as well as the level of civil servants specialized knowledge, skills and abilities; 11) the qualification requirements - requirements for citizens Turkmenistan, claiming to hold public office, in order to determine their level of training, competence and fitness for a particular public office;
12) soldiers - citizens of Turkmenistan, passing military service in the Armed Forces of Turkmenistan, other forces and military authorities;
13) order - a form of the head of the management authority, which provides a specific statement of the problem, the definition of its subject matter, goals, life and the person responsible for implementation;

14) maintenance tasks - activities of public authority employees performed to ensure the work of these bodies do not provide for the exercise of powers that are directly related to the implementation of the challenges facing the public service.

2. The concepts of "corruption", "offense related to corruption", "conflict of interest" and "public servant vested interest" in this Act have the meanings defined by the Law of Turkmenistan "On Combating Corruption".

Article 4. Principles of public service

1. Public service in Turkmenistan is based on the principles of:
1) of the Act;
2) service to the people of Turkmenistan;
3) priority of the rights and freedoms of man and citizen, the guarantee of their realization;
4) of humanism and social justice;
5) taking into account public opinion and the public;
6) unity of the civil service system;
7) professionalism and competence of civil servants;
8) the rights of citizens of Turkmenistan have equal access to public service and promotion of the civil service in accordance with their abilities and training;
9) accountability and accountability of civil servants, personal responsibility for any failure to perform their duties;
10) voluntary admission to the civil service;
11) Mandatory implementation of the decisions adopted by the higher state bodies and officials within their powers to subordinate civil servants and employees of subordinate state bodies;
12) legal and social protection of civil servants;
13) the protection of public servants against unlawful interference with their professional activities as the official state bodies and officials, as well as natural and legal persons;
14) equal remuneration for work of equal value;
15) promotion of civil servants for conscientious, creative execution of official duties, the execution of orders of special importance and complexity;
16) the stability of the civil service;
17) continuous training of civil servants.
2. Civil servants in the performance of official duties guided by the requirements of the legislation of Turkmenistan and is not bound by the decisions of political parties, religious organizations, other public associations and their officials.

Article 5. Scope of this Act


This Law applies to all public servants, except when the Constitution, laws and other normative legal acts of Turkmenistan to certain categories of public servants defined a different status, due to the specifics of their profession.

CHAPTER II. TYPES OF PUBLIC SERVICE, THE REGISTER OF POSTS OF CIVIL SERVANTS AND POWERS OF CIVIL SERVANTS

Article 6. Types of public service

1. Depending on the nature of the duties of the civil servant civil service is divided into the following types:
1) civil service;
2) military service;
3) law enforcement service.
2. Military and law-enforcement service are special types of public service. 3
. Separation of the civil service in the categories determined by the normative legal acts of Turkmenistan.
4. Other types of public service can be established by making changes and amendments to this Act.

Article 7. The State Civil Service

State civil service - type of public service, which is the professional activities of citizens of Turkmenistan on the positions listed in the Register of civil servants providing performance of the powers of state bodies and holders of public office.

Article 8. Military service

Military Service - a special kind of public service personnel in the Armed Forces of Turkmenistan, other troops and military bodies.

Article 9. Law enforcement service

Law enforcement agencies - a special kind of public service, which is the professional activities of citizens of Turkmenistan on law enforcement service positions in state bodies and services implementing powers to ensure security, law and order, to fight crime, to protect the rights and freedoms of man and citizen . So citizens are assigned special ranks and class ranks.

Article 10. Positions of public service

1. Civil Service shall be established by law or other normative legal acts of Turkmenistan.
2. Civil Service Positions are divided into:
1) post of state civil service;
2) military posts;
3) positions of law enforcement service. 3
. The central bodies of executive power may be established by civil service positions of various kinds, which are divided into groups.

4. Qualification requirements for citizens of Turkmenistan to engage in civil service positions are established by laws and other normative legal acts of Turkmenistan.
5. The public body may be provided positions not related to public service.

Article 11. The register of civil servants

1. In order to improve the efficiency of personnel work in state bodies, improvement of accounting systems, recruitment, training, retraining and advanced training of personnel, including managerial personnel, their placement creates the Register of civil servants.
Register of civil servants positions approved by the President of Turkmenistan.
2. Register of civil servants positions form:
1) lists the posts of state civil service;
2) lists military posts;
3) lists positions of law enforcement service.
These lists are approved by the President of Turkmenistan and the authorized officials. 3
. The legal status of a public servant, including prohibitions, restrictions, obligations, rules of official conduct, responsibility, as well as the procedure for resolving disputes and conflicts of interest established by the legislation of Turkmenistan.
4. For a civil servant not include persons employed in state bodies and carry out their maintenance or performing auxiliary functions.

Article 12. Public post

1. The President of Turkmenistan is the head of state and executive power, the highest official of Turkmenistan, is the guarantor of national independence and the status of neutrality of Turkmenistan, its territorial integrity, respect for the Constitution and international obligations.
The President of Turkmenistan is the Chairman of the Cabinet of Ministers of Turkmenistan.
2. Public office are the following positions:
1) Deputy Chairman of the Cabinet of Ministers of Turkmenistan;
2) deputies of the Mejlis of Turkmenistan;
3) the Minister, Deputy Minister;
4) The Chairmen of the State Committee, the public service and their deputies;
5) heads of agencies and organizations under the President of Turkmenistan and the Cabinet of Ministers of Turkmenistan, heads of deputies;
6) Head of state institutions and organizations of Turkmenistan, the deputy head;
7) The chairman of the State, the State Commercial Bank and his deputy;
8) the head of state concern, corporations, associations, industrial associations and his deputy;
9), editor in chief of the central, velayat newspapers and magazines;

10) Rector, Vice-Rector of the higher education institution;
11) Ambassador, Consul and diplomatic representative;
12) khyakim velayat, etrap, city, deputy governor;
13) a judge;
14) the prosecutor;
15) governing the composition of the Armed Forces of Turkmenistan, other troops and military bodies. 3
. President of Turkmenistan can be attributed to public office and positions of heads of other public authorities.

Article 13. Rights of civil servants

Civil servants in the performance of their official duties are entitled:
1) The rights and freedoms guaranteed by the Constitution and laws of Turkmenistan;
2) participate in the limits of its powers in matters and making decisions on them to demand their execution relevant authorities and officials;
3) it receives in the prescribed manner the information and documents necessary for the performance of official duties;
4) require the head of a precise definition of the scope and tasks of office in accordance with the position;
5) refuse to carry out orders, contrary to the legislation of Turkmenistan;
6) in the established order to attend to official duties of the enterprise, institution or organization;
7) to respect the personal dignity, fair and respectful attitude on the part of leaders, other officials and citizens;
8) to require financial incentives depending on the position he occupies, quality and experience, as well as other grounds, established by the legislation of Turkmenistan;
9) unimpeded access to documents and other information relating to the passage through the public service, where necessary, to give personal explanations;
10) retraining and advanced training at the expense of the corresponding budget;
11) to submit to the established procedure, proposals for improving the civil service;
12) for promotion, taking into account qualifications, skills, abilities, conscientious performance of their duties;
13) on the freedom of entry into the political parties and other public associations, except for cases stipulated by the laws of Turkmenistan;
14) to request an official investigation for the recognition of untrue information, discrediting the honor and dignity;
15) to safe and healthy working conditions;
16) on the legal and social protection;
17) for pension and social security;
18) demand termination of an employment contract on the initiative of the civil servant;
19) to exercise other rights provided for by the legislation of Turkmenistan.


Article 14. Duties of civil servants

1. Civil servants are obliged:
1) to maintain the constitutional order of Turkmenistan, to provide a high level of social stability, unity and solidarity of the Turkmen people;
2) to protect the national interests of Turkmenistan;
3) observe the Constitution and laws of Turkmenistan, to respect the state symbols of Turkmenistan;
4) to bring the National oath of Turkmenistan in accordance with the legislation of Turkmenistan; 5) the principles of public service
;
6) to enforce and protect the rights, freedoms and lawful interests of Turkmenistan and its citizens and legal entities;
7) viewed in the order and terms established by the legislation of Turkmenistan, the complaints of citizens, to take necessary measures on them;
8) to exercise its powers within the limits established by the legislation of Turkmenistan;
9) take on prohibitions, restrictions and obligations established by the laws of Turkmenistan;
10) to observe state and labor discipline and professional ethics;
11) to carry out orders and instructions to the heads, decisions and instructions of the higher authorities and officials issued within their powers;
12) to prevent the actions discrediting the civil service and are not compatible with the occupation of public office;
13) honestly and conscientiously fulfill the duties regardless of party affiliation and personal political beliefs;
14) at the times and in the manner established by this Law, to report regularly on the activities of his duties;
15) comply with a national authority regulations, work rules, job descriptions, work order with service information;
16) to keep state secrets and other secrets protected by law, including after the termination of the civil service, for a period set by the law. It is given a corresponding obligation to be signed by his own hand;
17) to maintain the confidential nature received in office information affecting the privacy and dignity of citizens;
18) to ensure the safety of state property; 19) to comply with the legislation of Turkmenistan in the sphere of combating corruption;

20) to abandon self-interest of the civil servant;
21) immediately notify in writing his immediate superior on the arisen in connection with the performance of official duties conflict of interest or the possibility of its occurrence, as soon as he becomes aware of it;

22) improve their qualifications with a view to the effective execution of their duties;
23) perform other duties assigned by the legislation of Turkmenistan.
2. Specific responsibilities of civil servants, resulting from the duties established by this Law shall be determined on the basis of qualifications and are reflected in job descriptions approved by the heads of relevant state bodies.
Article 15. Execution of orders to civil servants
1. Civil servants in the performance of official duties act within the powers defined by the legislation of Turkmenistan, in accordance with the job descriptions.
2. Orders managers, the data within their competence, shall be binding upon subordinate civil servants. 3
. In case of doubt on the legality of orders given by the head, the civil servant has the right to demand a written confirmation of the order, after receipt of which is obliged to carry it out. In this case, the civil servant is exempt from liability in a situation, if the order in the prescribed manner shall be deemed unlawful, except where the obviously illegal or criminal order or other orders.
4. Head in the case of presentation to provide written confirmation of the order of the civil servant is obliged to demand written confirmation or cancellation of the order.


Article 16. Requirements for the political impartiality of the civil servant

1. A civil servant has the right to organize strikes and participate in them, as well as use of official position in the interests of political parties, religious organizations, other legal entities and citizens, if it is in conflict with the interests of public service.
2. A civil servant in the performance of official duties are not allowed to perform any act openly demonstrating his political views or evidence of special treatment to any political party.
Article 17. Protection of rights in the public service and the rights of the civil servant

In case of violation of the rights granted by this Law, or to create obstacles in their implementation of the actions of government agencies' executives may be appealed in court by the person applying for admission to the civil service or public servants in accordance with the legislation of Turkmenistan.


CHAPTER III. Department of Civil Service
Article 18. State management in the sphere of public service


1. State policy in the sphere of public service performed by the President of Turkmenistan.
The President of Turkmenistan has the right to form the Public Service is directly subordinate and accountable to the President of Turkmenistan of personnel services to work with government leaders and officials of the Office of the President or other authorized state body (hereinafter - the authorized body), to determine its status and the appropriate authority.
2. Unified system of state bodies of personnel service form the authorized body, unit personnel work of ministries and other central executive authorities, khyakimliks regions and Ashgabat.
3
. Monitoring compliance with a national authority of the present Law and other normative legal acts of Turkmenistan in the sphere of public service is carried out in accordance with the legislation of Turkmenistan.

Article 19. Basic powers of the authorized body

The main powers of the authorized body on state civil service management are:
1) implementation of a uniform state personnel policy;
2) the formation and centralization of information on civil service personnel;
3) monitoring the state of the civil service personnel;
4) the formation of personnel reserve of the civil service;
5) implementation of organizational and methodical management personnel work in state bodies;
6) monitoring of the conduct of personnel work in state bodies;
7) to prepare and submit for approval by the President of Turkmenistan the Register of civil servants;
8) development and approval of the qualification requirements for public office and positions of public servants;
9) improvement of the wage system, the legal and social protection of civil servants;
10) coordination of the activities of state bodies on the issues of training, retraining and advanced training of public service, including abroad;
11) Coordination of formation and placement of state orders for government training programs, retraining and advanced training of civil servants;
12) participate in the development and implementation of state programs in the area of ​​improving the efficiency of public service;
13) determining the order of the competitions to hold public office and exercising control over the correctness of the competitions;

14) development of proposals on improvement of legislation of Turkmenistan governing the civil service, as well as taking in the prescribed manner of regulatory legal acts within its competence;
15) to develop proposals to improve the quality of services provided by public authorities;
16) monitoring compliance with the legislation of Turkmenistan by state bodies in the sphere of civil service;
17) participated in the drafting of international agreements on civil service;
18) exercising other powers provided by the legislation of Turkmenistan.

Article 20. Staffing division of state bodies

Division personnel work of ministries and other central executive authorities, khyakimliks regions and Ashgabat exercise the following powers:
1) form the information on the public service staffing system in ministries and other central executive authorities, as well as in the provinces and in the city Ashgabat, including information on personnel reserve;
2) exercise control over the conduct of the personnel working at the enterprises, institutions and organizations;
3) develop and bring heads of state bodies proposals on training, retraining and advanced training of personnel;
4) make out the decisions of public authorities relating to the civil service and its passage;
5) keep personal affairs public officials, make the necessary entries in their employment records or other documents reflecting the passage of the civil service;
6) monitor compliance with the legislation of Turkmenistan in the sphere of combating corruption, as well as prohibitions, restrictions and obligations related to the stay in the public service;
7) prepare information on personnel and other necessary information on personnel working in the system of ministries and departments, as well as local administrations in regions and Ashgabat for the submission to the authorized body;
8) exercise other powers established by the legislation of Turkmenistan.

Article 21. Personnel reserve of public service

1. Personnel reserve of public service is formed for the effective selection, placement, and movement in the service of public officials and civil servants.
2. Personnel Reserve for public office and positions of civil servants at the level of heads of departments of state bodies, and executive authorities in the field formed by the authorized body.
3
. Personnel reserve for positions of civil servants formed units personnel work of ministries and other central executive authorities, khyakimliks regions and Ashgabat.
4. The procedure for the formation of personnel reserve and organization of work with them are governed by the Regulations on the Civil Service personnel reserve approved by the President of Turkmenistan.

CHAPTER IV. The civil service, ITS PASSAGE AND TERMINATION

Article 22. The right to public service, and restrictions related to the civil service
1. The right of the public service, taking into account qualifications, training areas and restrictions established by this Law, are citizens of Turkmenistan upon reaching the age of 18, regardless of nationality, race, sex, origin, property and official status, place of residence, language, attitude towards religion, political convictions, party affiliation or lack of affiliation to any political party holding the official language of Turkmenistan.
2. In the public service can not be accepted a person who:
1) recognized incapable by a court or tribunal is limited in capacity;
2) has a criminal record for committing an intentional crime, if such conviction has been canceled or withdrawn in accordance with the law;
3) on the basis of a court sentence deprived of the right to occupy the position of the public service.
3
. Law of Turkmenistan may establish other restrictions in the public service.

Article 23. Documents and information submitted when applying for public service

1. On admission to the civil service are presented:
1) an application;
2) passport of the citizen of Turkmenistan, military accounting documents (for military service and persons subject to military conscription);
3) employment history, except for the first time entering the job;
4) diploma or other document on the appropriate education, except in cases when the public office the presence of a certain education is not required;
5) other documents stipulated by normative legal acts regulating the procedure of admission to the civil service.
2. The information presented on admission to the civil service, are subject to a study in the manner prescribed in Article 24 of this Law. 3
. If necessary, the public authority is entitled to request from the place of previous job information to indicate a citizen applying for civil service employment in the state body.

Article 24. Study the information submitted when applying for public service


1. The study data presented on admission to the civil service, organized and carried out by the authorized state bodies in the order established by the legislation of Turkmenistan.
2. The study of information about the person who claims to hold public office, the conclusion drawn. 3
. The responsibility for the correctness of information about a person claiming to hold public office, are officials of the bodies that collect and study information about it, as well as the person who submitted the information.
4. A person claiming to hold public office has the right to get acquainted with the report drawn up by the results of the study of the information presented to them for entry into the civil service.

Article 25. Basic requirements for admission to the civil service

1. The basic requirements for admission to the civil service are:
1) honesty and loyalty to Turkmenistan, its people and the President of Turkmenistan;
2) a high level of political, legal and moral culture;
3) respect for the citizens, their rights and freedoms;
4) professionalism;
5) initiative and the ability to make decisions.
2. Qualification requirements for admission to the civil service are:
1) appropriate education, except in cases when the public office the presence of a certain education is not required;
2) the necessary experience and professional experience, except in cases when they have not been established for public office;
3) knowledge of the state language of Turkmenistan;
4) knowledge of the Constitution and the laws applicable to the performance of the relevant duties. 3
. Qualification requirements not covered by the second part of this article, to be met by citizens to engage relevant public posts may be established by other normative legal acts of Turkmenistan.
4. Qualification requirements of civil service positions are determined by the Cabinet of Ministers or by the authorized body.

Article 26. The procedure for admission to the civil service

1. Admission to the civil service is carried out by appointment, approval or election.
2. Purpose, approval or election to the position of the civil service issued decree, order or other act of the respective state body, an official with the introduction of in the prescribed manner the corresponding employment records.
3
. Admission to the civil service for public office can be a result of competition or probation.
Article 27. The right of citizens to be informed of vacant posts of public service

Citizens of Turkmenistan have the right to receive information on the availability of vacant posts in the public service, conditions and operation of public bodies.

Article 28. Competition for public office

1. Competition for public office ensures the right of citizens of Turkmenistan have equal access to public service, and provides for the surrender of a person exam, aspiring to hold public office, and conduct interviews with him.
2. Competition for public office held by the decision of the President of Turkmenistan, a public authority having a vacant state positions. The contest results are approved by the President of Turkmenistan, and are made in accordance with the legislation of Turkmenistan. 3
. Conditions and procedure for the competition to hold public office, including the formation of the competition committee, determined by the Regulations of the competition to hold public office, approved by the President of Turkmenistan.

Article 29. Probationary period

1. Citizens appointed to public office, in the manner determined by the President of Turkmenistan, can be installed probation.
2. Test tenure in public office established for a period of up to one goda.V case of disagreement with the decision on the establishment of the probationary period, it is deemed a waiver of public office.
3
. In cases of non-performance or improper performance of their duties during the trial period the persons holding public office, removed from his post.

Article 30. The appointment of civil servants

1. The appointment of civil servants made heads of state bodies in the order established by the legislation of Turkmenistan.
2. At the appointment of a civil servant is an employment contract. The procedure and conditions of detention and termination of employment with government employees determined by the Regulation approved by the President of Turkmenistan.

Article 31. Appointment, approval and election to public office


1. Purpose, approval and election to public office, specified in the list of posts of state civil service, can be carried out by the President of Turkmenistan, or a person authorized by or in accordance with the legislation of Turkmenistan, after the speech of persons recommended for these positions, with their programs accordingly to the employees of industries and population and the approval of their programs.
The appointment of judges by the President of Turkmenistan in accordance with the legislation of Turkmenistan.
2. Approval for elective public office, specified in the list of posts of state civil service, by the President of Turkmenistan in accordance with the legislation of Turkmenistan. 3
. Election of the President of Turkmenistan, deputies of the Mejlis of Turkmenistan and other elective public office is made in accordance with the legislation of Turkmenistan on elections.
4. Appointment to public office, members of the leadership of the Armed Forces of Turkmenistan, other troops and military authorities, as well as specified in the list of military positions and the list of positions of law enforcement service, by the President of Turkmenistan, or a person authorized by him in accordance with the legislation of Turkmenistan.

Article 32 The personal file of a civil servant

1. Information about the passage of the civil service are specified in the personal file of the civil servant. By the personal file attached as documents on education, certification of civil servants and other data.
2. Prohibited collection and submission to the personal affairs of civil servants information about the private life of a public servant or his family members, other close relatives, as well as information about their religion and membership of political parties, other public associations pursuing political goals, except as required by law Turkmenistan.

Article 33. The business card civil servant

Government employees for admission to the civil service issued official certificate confirming his identity and position.

Article 34. Accountability of civil servants

1. Civil servants are accountable for the performance of functions and powers established by job description designated for the post of the civil service, in accordance with the procedure established by regulatory legal acts of Turkmenistan.
2. Government officials regularly report in the following order:

1) Deputy Chairman of Cabinet of Ministers of Turkmenistan, ministers, heads of central executive bodies - to the President of Turkmenistan and the Cabinet of Ministers of Turkmenistan;
2) governors - to the President of Turkmenistan and the Cabinet of Ministers of Turkmenistan;
3) The governors of districts and towns - before khyakims provinces. 3
. In order to ensure the active citizens of Turkmenistan's participation in the management of the Company and the state based on democratic principles deputy chairman of the Cabinet of Ministers of Turkmenistan, ministers, heads of central executive bodies report annually on progress to the employees led their industries, and governors - to the population of the respective administrative-territorial units.
4. If the results of a public servant report its actions to the job will be found to be unsatisfactory, it may be decided on the release of a public servant from his post.

Article 35. Grounds for refusal of admission to the civil service

1. A citizen may not be accepted into the civil service in the following cases:
1) non-compliance with the qualification requirements for citizens to engage in the appropriate public office;
2) the availability of restrictions for entry into the civil service, provided by parts two and three of Article 22 of this Law;
3) deliberate submission of false information or false documents necessary for public office;
4) the presence of a confirmed medical report of the disease included in the Cabinet of Ministers approved a list of diseases that prevent the execution of their duties;
5) refusal of registration of access to information constituting state secrets, if the performance of official duties by public office, to engage in a national claims related to the use of such information;
6) failure to submit information about income, submission of deliberately false or incomplete information;
7) lack of Turkmen citizenship;
8) in other cases established by the legislation of Turkmenistan.
2. A citizen of Turkmenistan, at his request given in writing information on the reasons for refusing to accept the public service.

Article 36. Passage of the citizens of Turkmenistan Civil Service

Citizens of Turkmenistan are the civil service in state bodies in public office and positions of public servants.

Article 37. The oath of civil servant


1. the civil service entry begins with the adoption of a solemn atmosphere of the National oath of Turkmenistan.
2. Entry into public office, exercise of powers for certain categories of civil servants is determined by taking the oath of allegiance to the motherland, the people and the President of Turkmenistan and the text of the oath, signed by the civil servants, kept in his personal file. 3
. Public offices for the exercise of authority by which it is necessary oath, and the corresponding text of the oath and the procedure for its adoption are determined by the legislation of Turkmenistan.

Article 38. Training, retraining, skills development, training and self-government employees

1. In Turkmenistan are at an appropriate level necessary conditions for training, retraining, training, internships and self-government employees.
2. The results of training, training, training, training and self-education are some of the reasons for the promotion of civil servants in the service. 3
. Training, training, training, training of civil servants implemented in accordance with the law.

Article 39. Attestation of civil servants

1. In order to verify the qualification of civil servants, the definition of business skills, identify their compliance function, profession, position, and the issuance of an objective assessment of their actual activity, professional experience, professional knowledge, the legal culture and performance perspectives government employees are certified.
2. Civil servants, for the first time joined the civil service or the public service time interval at least one year, are certified at the end of three years of continuous stay in the public service. Employees who are on leave for child care until the age of three years, subject to certification by at least one year after the release of their work. 3
. Certification of public servants is held every three years, certification commissions created by the relevant government authorities, in which a civil servant is in the service.
4. Certification of public servants, appointment or approval has produced higher state bodies, carried Attestation Commissions of these bodies.
5. Attestation committee holds certification attestation, with the participation of the civil servant and the results of the certification shall decide on:

1) according to a post;
2) mismatch position.
6. The decision of the evaluation commission is advisory in nature, it is passed to the head of a public authority not later than five days after the end of qualification for the final decision.
7. Exemption from passing the certification is carried out in accordance with the legislation of Turkmenistan.
8. Certifications are not subject to civil servants holding positions for which they were elected.
9. Regulations on the certification of civil servants approved by the President of Turkmenistan.

Article 40. Official travel

1. Official travel trip recognized by government officials on the instructions of the head of the relevant state body for a certain period in another locality to perform service assignments outside their places of permanent service.
2. The direction of the civil servants on a business trip is made by the order of issuance of travel documents with the prescribed form. 3
. When sending a business trip public servants enjoy the right hotel reservations and on all types of transport.
4. Civil servants shall be reimbursed expenses for business trips and other compensation paid, as well as guarantees provided in accordance with the legislation of Turkmenistan.
5. Business trips of civil servants in foreign countries is carried out in accordance with the law.


Article 41. Officials handling and replacement of posts in the public service

1. Transitions civil servants are made in accordance with the state or business need, taking into account the experience of leadership and organizational work, qualifications, training and effective use of professional opportunities.
2. The replacement of public functions (except elective) and of civil servants at the level of heads of departments of state bodies and executive bodies in the field is made, as a rule, on the basis of a personnel reserve of civil service.

§ 42. Restrictions related to the passage of the civil service

1. A civil servant is not entitled to:
1) engage in other paid activities, except for teaching, research and creative activity;
2) to do business in person or by proxy;
3) used for non-official purposes of state property and proprietary information;

4) to use for private purposes in connection with the performance of official duties of citizens and legal services lits.2. In a civil servant subject to other requirements, prohibitions and restrictions established by the Law of Turkmenistan "On Combating Corruption".

Article 43. Grounds for termination of public service

1. Public service is terminated on the following grounds:
1) the dismissal of their own volition;
2) expiration, early termination of powers of public office;
3) failure to comply with the restrictions associated with the public service;
4) disclosure of information constituting state secrets;
5) gross violation of official duties, an act which is not compatible with the finding in the civil service;
6) termination of Turkmen citizenship;
7) The entry of a court judgment has become enforceable.
2. Public service may be terminated in other cases stipulated by the legislation of Turkmenistan. 3
. The release of a public servant from office issued decree, order or other act of the respective state body, an official with the introduction of in the prescribed manner the corresponding employment records.
4. Features of the termination of public service of certain categories of public servants may be established by the legislation of Turkmenistan.


CHAPTER V. PROVISION OF PUBLIC SERVICE

Article 44. Funding and logistical support to the civil service

1. Funding of public service carried out at the expense of the state budget of Turkmenistan, except for cases stipulated by the legislation of Turkmenistan.
2. Logistical support of public service activities is carried out in accordance with the legislation of Turkmenistan.

Article 45. Regulation of labor relations of civil servants

Admission to the civil service, office moving, working hours and rest periods, as well as other issues related to the emergence, change and termination of employment of persons in the civil service are regulated by this Law and other regulatory legal acts of Turkmenistan.

Article 46. Guarantees of material and social security of civil servants

1. Civil servants are guaranteed:
1) working conditions, to ensure execution of official duties;

2) wages under the conditions and to the extent provided by this Act and legislation established in accordance with other normative legal acts of Turkmenistan;
3) social protection during the period of temporary disability and in other cases stipulated by the legislation of Turkmenistan;
4) other material and social security provided for by the legislation of Turkmenistan.
2. Salaries of civil servants is based on the principle of equal remuneration for work of equal value by establishing minimum and maximum salary size for each group of civil service positions. The head of the civil service in the state body within the established wage fund is entitled to establish an increased size of the salary of individual civil servants in view of his profession, qualification, complexity of work, the quantity and quality of the work performed. 3
. For conscientious, creative execution of duties, long, impeccable public service, the performance of the special importance and complexity of the orders civil servants subject to the promotion in accordance with the legislation of Turkmenistan.
4. For certain categories of civil servants depending on the characteristics and conditions of the passage of the civil service legislation of Turkmenistan, the fixing of their legal status, are set guarantee their financial and social security, integrity and personal safety.

CHAPTER VI. FINAL PROVISIONS

Article 47. Responsibility for violation of this Act

Violation of this law entails responsibility established by the legislation of Turkmenistan.

Article 48. Entry into force of this Act

1. This Law shall enter into force on the day of its official publication.
2. The following are repealed:
Turkmenistan Act of 12 June 1997 "On service in the apparatus of state bodies" (Bulletin of the Mejlis of Turkmenistan, 1997, № 2, Art. 13);
Turkmenistan Law of 9 August 2002 "On selecting government leaders and officials in the public service in Turkmenistan" (Bulletin of the Mejlis of Turkmenistan, 2002, № 3, p. 42).


President Gurbanguly Berdimuhamedov of Turkmenistan




Mountains. Ashhabad26 March 2016
number 363-V.