Article 47. Application of Disciplinary Measures To Public Civil Servant

Disciplinary measures shall be applied by the head of the state body. Only one disciplinary sanction may be applied for each disciplinary misconduct. The right to choose a type of disciplinary sanction shall rest with the head of the state body. Upon applying a disciplinary sanction, the severity of the misconduct, its circumstances and the behavior of a public civil servant shall be taken into account.

The application of a disciplinary sanction to a civil servant shall be formalized by the relevant decision of the head of the state body.

The decision of the head of the state body on the application of a disciplinary measure to a civil servant, indicating the reasons for the application, shall be announced to the civil servant against signature within three working days from the date of its adoption, not counting the time of their absence from work.

A public civil servant who was not familiarized with the decision to apply a disciplinary sanction to them shall be considered as not having a disciplinary sanction.

The refusal of a public civil servant to familiarize with the decision to apply a disciplinary sanction to them shall be documented by drawing an act indicating the witnesses present. In this case, the public civil servant shall be considered familiar with the decision.

Bringing a public civil servant to disciplinary liability shall not cancel the application of incentive measures to them.

The disciplinary measures provided for in paragraphs three , four and five of the second part of Article 46 of this Law shall be applied to a public civil servant on the basis of the conclusion of an internal investigation, as well as in the presence of a valid disciplinary sanction.

A public civil servant shall have the right to appeal against the disciplinary measures applied against them to a higher state body or a specially authorized state body or to a court.