The Civil Service Development Agency under the President published the draft Civil Service bill for public input through June 6.

The explanatory note to the draft bill states that the draft is designed to regulate relations in the field of civil service, establish guarantees of fair selection and promotion on the basis of personal and professional merits, regulate the admission to, serving and ending of civil service, create conditions for the professional growth of civil servants.

The bill proposes that the law shall apply to all civil servants, with the exception of the president, the MPs and senators, the Central Election Commissio officials, the Ombudsman, deputies of the Zhokargy Kenes of Karakalpakstan and local representative bodies, as well as judges.

The document consists of 11 chapters and 75 articles. It, inter alia, defines the powers of the President and the Cabinet of Ministers in the field of civil service, the legal status of civil servants, measures to combat corruption in the civil service system (conflict of interest, declaration of income, property and large expenses), groups and categories of civil posts and more.

According to the bill, a civil servant is entitled to a promotion on the basis of an objective and fair assessment of professional qualities and special merits, to receive fair and decent remuneration, to express opinion to the higher authorities on official matters, to be respected by managers and other official persons and more.

A civil servant is obliged to conscientiously perfrom his official duties, not to allow a conflict of interest, not to use his official position for personal and other unlawful purposes, to refrain from taking actions that could undermine the authority of the civil service, annually submit a declaration of his income, property and large expenses , as well as a declaration of income, property and large expenses of their family members.

For certain categories of civil servants, the list of which is determined by the president, additional requirements may be established for the declaration of income, property and large expenses, including an extended circle of their close relatives included in the declaration.

Applicants for civil service must submit a declaration of income. 

A civil servant is not entitled to:

• hold a government post that is directly subordinate to the position held by persons closely related to him (parents, brothers and sisters of parents, brothers, sisters, sons, daughters, spouses, as well as parents, brothers, sisters and children of spouses), except as provided by law;
• engage in entrepreneurial activity in person or through affiliates (trustees);
• be a member of the governing body of a commercial organization, with the exception of organizations with a state share;
• acquire, directly or through representatives, shares, units, shares in organizations under the control of a state body or organization in which he is in the civil service or with whom he/she has connections and interests that could lead to a violation of their independence;
• receive any remuneration from individuals and legal entities in connection with the performance of his/her official duties or with the status of a civil servant.

The bill gives definition to conflict of interest as a situation in which personal interest (direct or indirect) affects or may affect the proper performance of civil servants' official duties, and in which a conflict arises or may arise between personal interest and the rights, legitimate interests of citizens, organizations, society and the state.

The personal interest of civil servants includes the immediate possibility of obtaining any tangible or intangible (non-property) benefit or advantage for them personally or for their close relatives, as well as other persons with whom they have close or business relations.

In the event of a conflict of interest, civil servants must immediately notify their supervisor or superior officer in writing.

Civil servant shall be appointed to a state post on the basis of an open independent competitive selection. During the selection, no discrimination of applicants on the basis of gender, race, nationality, language, religion, social origin, beliefs, personal and social status shall be allowed.

Information about vacant government posts is automatically published on the website of the civil service authority using the Interdepartmental software - "Unified National Labor System", as well as on the website of the relevant state agency, in social networks, messengers and periodicals.

Civil servants shall have a five-day-a-week work. If it is not possible to establish a 5-day work week due to the nature or conditions of the civil service, then a 6-day work week may be had.

“The remuneration of the work of state civil servants should provide sufficient conditions for the unconditional and exhaustive performance of official duties, staffing state bodies and organizations with competent personnel, and encouraging them to be conscientious, proactive and efficient in work,” the bill says.

As noted in the explanatory note to the document, the passing of this bill will facilitate the formation of stable professional personnel in the civil service, the prevention of corruption and other abuses in the civil service, the introduction of an effective system for the selection and promotion of civil servants, the consolidation of a unified system of payment for their labor and social protection.