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11.09.2014

Law of the Republic of Azerbaijan on amendments made to the Law of the Republic of Azerbaijan “On Civil Service”

While governing by clause 19 of part I of article 94 of the Constitution of the Republic of Azerbaijan the Milli Mejlis of the Republic of Azerbaijan hereby decrees:

To make the following amendments to the Law of the Republic of Azerbaijan “On civil service” (Legislation Code of the Republic of Azerbaijan, 2001, No 1, article 1, No 3, article 131; 2002, No 12, article 693; 2003, No 1, article 16; 2004, No 1, article 10, No 4, article 199, No 5, article 321, No 8, article 597, No 11, article 884; 2005, No 6, articles 463, 475, No 10, article 874; 2006, No 5, article 386, No 6, article 479, No 8, article 657, No 11, article 927, No 12, articles 1005, 1014; 2007, No 2, article 83, No 5, articles 434, 436, No 7, article 711, No 10, article 934, No 11, articles 1049, 1074, 1078, No 12, articles 1213, 1219; 2008, No 3, article 153, No 5, articles 326, 341, No 6, article s 471, 481, No 7, article 602, No 8, article 699, No 10, article 881; 2009, No 2, article 54, No 5, article 311, No 6, article 403, No 10, article 771, No 11, article 878, No 12, article 964; 2010, No 4, article 276; 2011, No 3, article 165, No 6, article 463):

1. Article 8.1 shall be given in the following edition:

“8.1. State bodies shall be classified on the following categories considering their status, hierarchy and jurisdiction (on state, regional and local level):

8.1.1. supreme state bodies of executive and court power, as well as supreme executive bodies whose principal authorities are determined by the 3rd part of article 7 of Constitution of the Republic of Azerbaijan –  Bodies direct providing the performance and implementing the executive authorities of the head Azerbaijan state, Milli Mejlis of the Republic of Azerbaijan, Constitutional Court of the Republic of Azerbaijan implementing authorities of Supreme constitutional justice (state bodies of supreme category);

8.1.2. state bodies whose principal authorities are determined by the Constitution of the Republic of Azerbaijan, Constitutional laws of the Republic of Azerbaijan and state bodies defined by law of the Republic of Azerbaijan – Supreme Court of the Republic of Azerbaijan, Supreme Mejlis of the Nakhichevan Autonomous Republic, Chamber of Accounts of the Republic of Azerbaijan, Office of  Judicial Legal Board, Office of an Attorney of the Republic of Azerbaijan for Human Rights (Ombudsman) (state bodies of the 1st category);

8.1.3. state bodies whose principal authorities are determined in order anticipated in article 113 of the Constitution of the Republic of Azerbaijan – Supreme Court of the Nakhichevan Autonomous Republic, relevant executive power  body of the Nakhichevan Autonomous Republic, Office of an Attorney of the the Nakhichevan Autonomous Republic for Human Rights (Ombudsman), appeal courts of the Republic of Azerbaijan, Office  of the Central Election Commission of the Republic of Azerbaijan, Secretariat of the Commission on Fight against Corruption of the Republic of Azerbaijan, relevant  executive power bodies, Office of the National TV and Radio-broadcasting Board (state bodies of the 2nd category)

8.1.4. state bodies whose principal authorities are determined in order anticipated by articles 113 and 124 of the Constitution of the Republic of Azerbaijan and the law – state agencies and state services established under the relevant executive power bodies, regional centers of the Office of an Attorney of the Republic of Azerbaijan for Human rights (Ombudsman), Office of the Central Election Commission of the Nakhichevan Autonomous Republic, relevant executive power bodies of the Nakhichevan Autonomous Republic, Office of the National TV and Radio-broadcasting Board, courts on grave crimes, administrative economic courts, military courts (state bodies of the 3rd category);

8.1.5. state bodies whose principal authorities are determined in order anticipated in articles 113, 120 and 124 of the Constitution of the Republic of Azerbaijan and the law – relevant executive power bodies, regional divisions of relevant executive power bodies, bodies being subordinated, under relevant executive power bodies, city (region) courts (state bodies of the 4th category);

8.1.6. state bodies whose principal authorities are determined in order anticipated in articles 113 and 124 of the Constitution of the Republic of Azerbaijan – local divisions of state agencies and state services established under relevant executive power bodies, being under and subordinated to relevant executive power bodes, representations of relevant executive power bodies on administrative territorial district (state bodies of the 5th category);

2. Words “the 1st - 7th category,” shall be replaced with words "Supreme - 5th category" in Article 10.5 and the 1st sentence of Article 10.6.

3. Article 11.1 shall be given in the following edition

“11.1. Classifications of administrative positions are the following:

11.1.1 Supreme classification of administrative positions:

11.1.1.1. position of a head of the Administration in the Administration of the President of the Republic of Azerbaijan directly providing for performance of the Head of the Azerbaijani State, position of a head of Office of the Milli Mejlis of the Republic of Azerbaijan, position of a head of Office of the Constitution Court of the Republic of Azerbaijan, position of a head of Office of a body performing executive authorities of head of the Azerbaijani state, position of the State counselor of the Republic of Azerbaijan.

11.1.2. First classification of administrative positions:

11.1.2.1. Positions of a deputy head of the Administration in the Administration of the President of the Republic of Azerbaijan directly providing for performance of a Head of the Azerbaijani state, deputy head of office of the Milli Mejlis of the Republic of Azerbaijan and Constitutional Court of the of the Republic of Azerbaijan, position of a deputy head of office performing executive authorities of head of the Azerbaijani state, as well as positions of division heads in these state bodies.

11.1.2.2. positions of heads and their first deputies of other state bodies directly providing the performance of the President of the Republic of Azerbaijan;

11.1.2.3. positions of heads of office of the state bodies of the 1st category.

 

11.1.3. Second classification of administrative positions:

11.1.3.1. position of deputy head of division in the Administration of the President of the Republic of Azerbaijan directly providing the performance of the head of the Azerbaijani state, position of deputy head of division in the offices of the Milli Mejlis of the Republic of Azerbaijan and Constitution Court of the Republic of Azerbaijan;

11.1.3.2. position of deputy head of the division in the Office of a body implementing the executive authorities of the head of the Azerbaijani state;

11.1.3.3. positions of deputy heads of other state bodies directly providing the performance of head of the Azerbaijani state;

11.1.3.4. positions of deputy heads of office, heads of division of the state bodies of the 2nd category;

11.1.3.5. positions of head of offices of the state bodies of the 2nd categories in the Nakhichevan Autonomous Republic;

11.1.3.6. positions of heads of state agencies and state services established under relevant executive power bodies;

11.1.3.7. positions of deputy heads of relevant executive power bodies.


11.1.4. The 3rd classification of administrative positions:

11.1.4.1. positions of specialists in the offices of the Administration of the President of the Republic of Azerbaijan directly providing performance of the head of the Azerbaijani state, Milli Mejlis of the Republic of Azerbaijan and Constitution Court of the Republic of Azerbaijan;

11.1.4.2. positions of heads of divisions, their deputies and specialists of other state bodies directly providing performance of the head of the Azerbaijani state;

11.1.4.3. positions of specialists in the Office of a body implementing executive authorities of the head of the Azerbaijani state;

11.1.4.4. positions of deputy heads of division of the state bodies of the 1st category;

11.1.4.5. positions of heads of office and their deputies of state bodies of the 2nd category;

11.1.4.6. positions of deputy heads of office and heads of division of state bodies of the 2nd category in the Nakhichevan Autonomous Republic;

11.1.4.7. positions of deputy heads of state agencies and state services established under the relevant executive power bodies.


11.1.5. The 4th classification of administrative positions:

11.1.5.1. positions of specialists in the offices of state bodies of the 1st category;

11.1.5.2. positions of heads of division and their deputies of the 2nd category state bodies

11.1.5.3. positions of deputy heads of division of state bodies of the 2nd category in the Nakhichevan Autonomous Republic;

11.1.5.4. positions of deputy heads of relevant executive power bodies.

11.1.6. The 5th classification of administrative positions:

11.1.6.1. positions of specialists of state bodies of the 2nd category;

11.1.6.2. positions of heads of office of the 3rd category of relevant executive power bodies in the Nakhichevan Autonomous Republic;

11.1.6.3. positions of heads of division and their deputies of state bodies of the 3rd category;

11.1.6.4. positions of heads of local division of state bodies of the 4th category – relevant executive power bodies, bodies being under and subordinated to the relevant executive power bodies, bodies subordinated to relevant executive power bodies.

11.1.7. The 6th classification of state bodies:

11.1.7.1. positions of specialists of state bodies of the 3rd category;

11.1.7.2. positions of head of division and his deputy of relevant executive power body of the 4th category.

11.1.7.3. positions of deputy heads of local divisions of state bodies of the 4th category – relevant executive power bodies, bodies being under and subordinated to the relevant executive power bodies, bodies subordinated to relevant executive power bodies

11.1.7.4. positions of heads and their deputies of the local divisions of state agencies and state services, their subordinated bodies, bodies under its subordination established under relevant executive power bodies - the 5th category state bodies.

11.1.8. The 7th classification of administrative positions:

11.1.8.1. positions of specialists of relevant executive power bodies – state bodies of the 4th and 5th categories, local divisions of  relevant executive  power bodies, bodies being under and subordinated to relevant executive power bodies, regional (city) courts, bodies subordinated to relevant executive power bodies, local divisions of state agencies and state services established under relevant executive power bodies, bodies being under and subordinated to such state agencies and state services;

11.1.8.2. positions of representatives, their deputies and specialists on administrative territorial areas of relevant executive power bodies.”.

4. Article 11.2 shall be given in the following edition:

“11.2. Classifications of auxiliary positions are follows:

11.2.1. the 1st classification of auxiliary positions – technical positions in state bodies of superior category;

11.2.2. the 2nd classification of auxiliary positions – technical positions of state bodies of the 1st category;

11.2.3. the 3rd category of auxiliary positions – technical positions of state bodies of the 2nd and 3rd categories;

11.2.4. the 4th classification of auxiliary positions – technical positions of state bodies of the 4th and 5th categories.”.

5. Words “1–7 category” shall be replaced with words “Superior – the 5th category” in article 11.4.

6. Articles 16.2 and 16.3 shall be given in the following edition:

“16.2. The following professional ranks shall be given in accordance with classification of administrative positions:

16.2.1. on superior classification of administrative positions – actual state counselor, state counselor of the 1st rank and state counselor of the 2nd rank;

16.2.2. on the 1st classification of administrative positions – state counselor of the 1st rank, state counselor of the 2nd rank and state counselor of the 3rd rank;

16.2.3. on the 2nd classification of administrative positions – state counselor of the 2nd rank, state counselor of the 3rd rank and chief civil service counselor;

16.2.4. on the 3rd classification of administrative positions – chief civil service counselor, civil service counselor and junior civil service counselor;

16.2.5. on the 4th classification of administrative positions – civil service counselor, junior civil service counselor and civil servant of the 1st rank;

16.2.6. on the 5th classification of administrative positions – junior civil service counselor, civil servant of the 1st rank and civil servant of the 2nd rank;

16.2.7. on the 6th classification of administrative positions – civil servant of the 1st rank, civil servant of the 2nd rank and civil servant of the 3rd rank;

16.2.8. on the 7th classification of administrative positions – civil servant of the 2nd rank, civil servant of the 3rd rank and junior civil servant.


16.3. The following professional ranks shall be given in accordance with auxiliary positions classification:

16.3.1. on the 1st classification of auxiliary positions – chief civil service referent, senior civil service referent and civil service referent of the 1st rank;

16.3.2. on the 2nd classification of auxiliary positions – senior civil service referent, civil service referent of the 1st rank and civil service referent of the 2nd rank;

16.3.3. on the 3rd classification of auxiliary positions – civil service referent of the 1st rank, civil service referent of the 2nd rank and civil service referent of the 3rdrank;

16.3.4. on the 4th classification of auxiliary positions – civil service referent of the 2nd rank, civil service referent of the 3rd rank and junior civil service referent.”

7. Word “first” shall be replaced with word “superior”, words “2nd-3rd” – with words “1st-2nd” in the first part, and words “3rd-6th” - with words “4th-7th” in the second paragraph of article 17.3.

8. Words “4th-6th” shall be replaced with words “3rd-5th” in the second paragraph, words “7th-9th” – with words “6th-7th” in the third paragraph, words “1st-3rd” – with words “1st-2nd” in the fifth paragraph, words “4th-6th” – with words “3rd-4th” in the sixth paragraph of article 17.4.

9. Word “9th” shall be replaced with word “7th”, word “6th” – with word “4th” in article 22.3.

10. Words “3rd-7th” shall be replaced with words “2nd-5th” in article 22-1.9.

11. Words “6th-9th” shall be replaced with words “5th-7th” in article 28.2, 28.6-1, each three cases of article 29.2, each two cases of article 29.3 and article 29.5.

12. Words “1st-2nd” shall be replaced with words “superior-4th” in article 29.1.

13. Words “1st-2nd” shall be replaced with words “superior-3rd” in article 32-1.3.


Ilham Aliyev

The President of the Republic of Azerbaijan

No 345-IVQD / 20.04.2012