On Ethics And Official Conduct Of Civil Servant

Original Language Title: Об этике и служебном поведении государственного служащего

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here: http://minjust.gov.tm/ru/mmerkezi/doc_view.php?doc_id=15097


On Ethics and Official Conduct a public servant *

*

Translation from the state language of Turkmenistan.

This Act aims to increase the requirements for moral character and professional qualities of the civil servant, and establishes the general ethical norms and rules of conduct of the civil servant for a decent exercise of professional activities.


CHAPTER I. GENERAL PROVISIONS

Article 1. Legislation of Turkmenistan on ethics and official conduct of civil servant

The legislation of Turkmenistan about ethics and official conduct of the employee is based on the Constitution and on universally recognized moral principles and norms of society and the state, and consists of this Law, the Law of Turkmenistan "On Civil Service", "On Combating Corruption" and other regulatory legal acts of Turkmenistan, is the set of general principles of service, professional ethics and the basic rules of conduct to be followed by public servants regardless of their position.

Article 2. The basic concepts used in this Law

In the present Law the following basic concepts:
1) professional ethics - system of moral principles, norms and rules of conduct in view of professional features of its professional activities and situation;
2) professional ethics - norms and rules of conduct that are based on public opinion and traditions and are aimed at consolidation of the workforce, the creation of a healthy psychological environment and ensuring a high quality of work;
3) of Official Conduct - a set of rules that express the requirements of the state and society to the moral nature of the public service, which are the basis for the formation of rules of conduct for public servants in the exercise of a service activity.



Article 3. Features of this Act

1. The citizen entering the civil service, is obliged to familiarize themselves with the provisions of this Act and abide by them in the performance of official duties.
2. A public servant shall comply with the provisions of this Act. Every citizen is entitled to expect from public servants conduct in relation to it in accordance with the requirements of this Act. 3
. High requirements to moral character and professional qualities of the civil servant are the expression of special confidence of the society and the state to public service.


Article 4. The objectives of this Act


1. The objectives of this Act is to establish common ethical norms and rules of conduct for public servants to carry out their professional activities, as well as help strengthen the authority of a public servant, public confidence in the public authorities and ensuring the integrity of the moral and normative framework of conduct for public servants.
This Act aims to ensure that the civil servant put all their strength, knowledge and experience in the exercise of its professional activity, honestly he served his motherland, the people and the President of Turkmenistan, as well as increased efficiency of performing their job duties.
2. This Act is the basis for the formation of high moral principles in the sphere of public service and respect for it in the public mind, and provides the public consciousness and morality of public servants, their self-control. 3
. Knowledge of and compliance with public servants provisions of this Law are one of the quality assurance requirements of his professional activities and official conduct.

CHAPTER II. OFFICIAL RULES AND PRINCIPLES OF CONDUCT OF CIVIL SERVANTS

Article 5. The principles and rules of official conduct of civil servants

1. The principles and rules of official conduct of civil servants represent the basis of behavior that they should follow in the performance of official duties.
2. Civil servants in the performance of official duties should be guided by the principle of legality, the requirements of the Constitution, laws and other normative legal acts of Turkmenistan, to be committed to the policy of the President of Turkmenistan and the conduct of its series to life by their actions to strengthen the authority of the government, to avoid taking actions that could discredit the state authorities . 3
. Civil servants, aware of its responsibility to society, the state and citizens are obliged:
1) steadily comply with the requirements of the National oath of Turkmenistan;
2) execute their duties in good faith and in a professional manner in order to ensure the efficient operation of public authorities;
3) proceed from the fact that the protection of human support and service to him are the main objectives of public authorities, and the recognition, observance and protection of the rights and freedoms of man and citizen shall determine the meaning and content of the activities of state bodies and civil servants;
4) protect the rights and legitimate interests of legal persons;

5) carry out their activities within the competence of the relevant public authority;
6) to prevent and counter acts detrimental to the interests of the state, preventing the efficient operation of public authorities;
7) does not give preference to any professional or social communities, individuals and legal entities, to be independent of their influence in the performance of official duties;
8) prevent manifestation of bureaucracy and red tape in considering appeals in a timely manner to take the necessary measures on them;
9) to exclude activities related to the influence of any kind of personal, property, financial and other interests that impede the conscientious performance of official duties;
10) comply with the laws of Turkmenistan bans, restrictions and obligations to perform duties associated with the passage of the civil service;
11) to observe neutrality, eliminating the possibility of influencing their official activities of political parties making and other public associations;
12) to observe the rules of the service, professional ethics and rules of conduct, to stop their infringement of other civil servants;
13) strictly to observe state and labor discipline, effectively manage the powers granted; rational use of working time;
14) to be honest, fair, modest, to observe generally accepted moral and ethical standards in relations with citizens, officials and colleagues to be polite and attentive;
15) contribute to strengthening the unity of the people of Turkmenistan, interethnic and interfaith harmony in the country, respect the state language and other languages, traditions and customs of the Turkmen people;
16) to be an example of respect for the state symbols of Turkmenistan;
17) to maintain and strengthen public confidence in the public service, the state and its organs;
18) to refrain from any actions which might cause doubt about the good faith performance of civil servants duties and avoid conflicts that could damage their reputation or authority of the state body;
19) prevent cases of recruitment and placement that are not based on compliance with the requirements of the legislation of Turkmenistan, to take measures to ensure flawless execution of duties subordinate employees;
20) not to use in dealing with personal service position to influence the activity of state bodies, officials, public employees and other persons;

21) through their actions do not give rise to well-founded criticism of the society, to avoid persecution for criticism, use it as a factor to correct deficiencies and improve their performance;
22) during the execution of the leaders of commissions represent only objective and credible information;
23) contribute to the establishment and strengthening of the labor collective of business relations and constructive cooperation;
24) adhere to the business style of dress during the performance of their duties;
25) to ensure respect for public property, the rational use of state property entrusted exclusively to the service tselyah.4. Civil servants in leadership positions, in relation to subordinate civil servants and other workers shall not be entitled:
1) forced to commit illegal acts, as well as to participate in the activities of political parties, public associations, religious and other organizations;
2) require them to execution of instructions beyond their official duties;
3) allow to them unfounded accusations, rudeness, humiliation of human dignity.


Article 6. Public speaking civil servants


1. Public speaking on state authority activities carried out by its head, or authorized officials of a public authority officials.
2. The civil servant shall:
1) comply with the public authorities to provide public speeches and official information;
2) refrain from making public judgments and estimates in respect of the activities of state bodies, their leaders, if it is not part of his official duties;
3) respect the activities of the media to inform the public about the work of the state body, as well as to assist in obtaining accurate information in the prescribed manner; | | | 4) to refrain, in public statements, including in the media, on the designation of the value of the territory of Turkmenistan of goods, works and services, indicators of the budgets of all levels, the size of government borrowing, government debt, except when required by legislation Turkmenistan;
5) to conduct discussions in the correct form, without undermining the credibility of public service. 3
. Civil servants should not publicly express their views on public policy issues and performance, if it is:
1) does not correspond to the main directions of the state policy;

2) disclose proprietary information, which is not authorized for communication to the public;
3) contains unethical statements against officials of the government and management bodies, other public servants.
4. Not allowed publication of government officials on behalf of the public body on matters not related to the conduct of the state policy, the activities of a public authority and public servants.
5. Publications in the field of educational, scientific and other creative activities can be carried out to civil servants only on their own behalf.

Article 7. Respect for the rule of law

1. Civil servants are obliged to act in the public interest and comply with the Constitution, laws and other normative legal acts of Turkmenistan.
2. A civil servant in the activity must not allow the violation of the legislation of Turkmenistan on the basis of the political, economic feasibility or other reasons. 3
. Civil servants, without undermining public confidence in the honest performance of their duties, are involved in political or other activities outside their official duties in accordance with the law.

Article 8. Requirements for anti-corruption behavior of civil servants

1. Civil servants should not allow the actions (inaction), complicating the implementation of natural and legal persons of their rights and legitimate interests.
2. Civil servants should not use their official powers and related opportunities to gain benefits in the form of property or services to non-property, other property rights. 3
. Civil servants in the performance of their duties must avoid personal interests of the civil servant, which results or may result in a conflict of interest.
With the appointment of the public service and the performance of official duties of public servants are required to declare the presence or the possibility of having a personal interest in his civil servant, which affect or may affect the proper performance of their duties.
4. Civil servants should take measures to prevent conflicts of interest.
In the event of a conflict of interest public servant is obliged to take on its prevention and resolution measures provided for by the legislation of Turkmenistan.
5. A civil servant is obliged to confront the manifestations of corruption, prevent offenses relating to corruption or acts conjugate corruption or creating conditions for corruption.

6. Civil servants are required to notify the public body of the direction in which it operates, the prosecuting authorities or other public authorities of all cases of appeals to them to any person in order to induce them to commit offenses related to corruption.
7. Public servants need to prevent offenses related to corruption, by other public servants.
Civil servant, reliable information about the offense relating to corruption, should take the necessary measures to prevent and stop such violations, including in writing, inform your supervisor, authorized state bodies.
The head of the state body is obliged to take action on the applications of the civil servant of offenses related to corruption cases declination him to commit such offenses, including through the organization of inspection and direction of these applications to the public authorities.
The head of the state body is obliged to take measures to protect the public servant who reported the significant cases of offenses related to corruption, inducement him to commit these offenses from persecution, it infringes on the rights and legitimate interests.
8. Civil servants should use all possibilities to prevent economic damage to the state, to prevent the carrying out of checks in personal interests and the interests of third parties.
9. Civil servants are obliged to ensure the safety of state property, rationally, efficiently and exclusively for official purposes to use the public resources, including vehicles, services, or information obtained in the exercise of or as a result of the execution of their duties.
10. Civil servants forbidden to receive from individuals and legal entities in connection with the official duties of remuneration (monetary and other consideration, services, payment of recreation, transportation and other expenses) and gifts, if it is not provided by the legislation of Turkmenistan. Gifts received by public officials in connection with protocol events, business trips and other official events, recognized as the property of Turkmenistan and by the act passed the appropriate state body.
11. Upon presentation to the public servant unfounded allegations of corruption, he has the right to take measures on its refutation.

Article 9. Work with service information


1. State employee can process and transmit service information subject to a public body operating in the standards and requirements adopted in accordance with the law.
2. Civil servants are required to take appropriate measures to ensure the security and confidentiality of information that has become known to them in connection with the performance of official duties, for the disclosure of such information, committed in violation of the established order, they are liable under the legislation of Turkmenistan.

Article 10. Ethical behavior of public servants, endowed with organizational and administrative powers in relation to other public servants

1. The civil servant, endowed with organizational and administrative powers in relation to other public servants, must be for them a model of professionalism, excellent reputation, promote the formation of a national authority is moral and psychological climate conducive to efficient operation.
2. The civil servant, endowed with organizational and administrative powers in relation to other civil servants shall:
1) to set an example of honesty and justice, personal behavior;
2) to take measures to prevent and resolve conflicts of interest;
3) to take measures for the prevention of corruption;
4) prevent cases of forced civil servants to participate in the activities of political parties and other public associations. 3
. The civil servant, endowed with organizational and administrative powers in relation to other public servants, responsible in accordance with the law for the acts or omissions of subordinate employees, violate the principles of ethics and rules of official conduct unless he took steps to prevent such actions or omissions.

Article 11. The civil servant behavior outside working hours
1. State employee outside working hours must comply with generally accepted moral and ethical standards, to prevent cases of antisocial behavior.
2. Civil servants should show modesty, not to use his official position for personal interests, respect the citizens who do not give rise to legitimate criticism of its actions on the part of society.


CHAPTER III. Ethical rules of official conduct of public officials

Article 12. A service communication


1. In the service civil servant communication must be based on standards that the person is the highest value of society and the state, and his rights and freedoms are natural and inalienable, and every citizen has the right to personal integrity, personal and family secrets, protection of honor and dignity.
2. In the service civil servant dealing refrains from:
1) any kind of statements and actions discriminatory on grounds of nationality, race, sex, origin, property and official status, place of residence, language, attitude towards religion, political views, party affiliation or lack of affiliation to any political party;
2) rudeness, displays neglect tone, arrogance, groundless comments submission of illegal, unfair accusations and slander;
3) threats, offensive words and actions that prevent the normal communication or provoking illegal behavior;
4) a meal or other similar activities during business meetings or other official communication with the citizens. 3
. Public employees should be polite, helpful, correct and careful in communicating with citizens and colleagues.

Article 13. Appearance of a civil servant

Appearance public servant in the performance of official duties should promote respect for the citizens to the state authorities, comply with generally accepted business style, which is distinguished by formality, restraint and tradition.

CHAPTER IV. FINAL PROVISIONS

Article 14. The rules of professional ethics for certain categories of public servants

This Act is the basis for the development of the state bodies of professional ethics for certain categories of public servants.

Article 15. The responsibility of civil servants for violation of this Law

1. civil servants Violation of this law is subject to moral condemnation of its meetings of labor collectives of state bodies, and in the cases stipulated by the laws of Turkmenistan, punishable in accordance with the legislation of Turkmenistan.
2. Respect for civil servants of this Act is taken into account in evaluating, formation of personnel reserve for promotion to higher positions, as well as the imposition of disciplinary sanctions.

Article 16. Entry into force of this Act

This Law shall enter into force on the day of its official publication.


President Gurbanguly


Berdimuhamedov of Turkmenistan

Mountains. Ashgabat
26 March 2016
number 364-V.