On Public civil service (LRU-788-son)

08.08.2022

LAW OF THE REPUBLIC OF UZBEKISTAN

Passed by the Legislative Chamber on March 2, 2022 Approved by the Senate on May 28, 2022

Chapter 1. General Provisions

Article 1. Purpose of Present Law

The purpose of the present Law shall be the regulation of relations in the field of public civil service.

Article 2. Legislation on Public Civil Service

The legislation on the public civil service shall consist of the present Law and other acts of legislation.

Labor relations of public civil servants which are not regulated by the present Law shall be regulated by the Labor Code of the Republic of Uzbekistan.

Article 3. Scope of Application of Present Law

The present Law shall apply to the activities of public civil servants occupying positions entered in the State Register of Public Civil Service Positions.

The present Law shall not apply to activities of:

President of the Republic of Uzbekistan, deputies of the Legislative Chamber and members of the Senate of the Oliy Majlis of the Republic of Uzbekistan, deputies of the Jokargy Kenes of the Republic of Karakalpakstan and other local representative bodies of state power, employees of the offices of the Legislative Chamber and the Senate of the Oliy Majlis of the Republic of Uzbekistan, members of the Central Election Commission of the Republic of Uzbekistan, judges and employees of the judiciary, members of the board of the Central Bank of the Republic of Uzbekistan, civil servants serving in the bodies of prosecutor's office, internal affairs, defense, emergency situations, the National Guard, the State Customs Service, the State Security Service and the State Service for Security of the President of the Republic of Uzbekistan, including military personnel;

employees of technical, production and service personnel of state bodies.

Articles 24 and 43 of this Law shall not apply to employees of the diplomatic service.

Article 43 of this Law shall not apply to employees of the Central Bank of the Republic of Uzbekistan.

Article 4. Basic Concepts

The following basic concepts shall be applied in the present Law:

state body means an organizationally separate structure with state power authorities, included in the List of state bodies and organizations in which the public civil service is introduced;

public civil service means a type of public service, which is a professional paid activity of citizens of the Republic of Uzbekistan to ensure the exercise of the powers of state bodies on positions of the public civil service;

professional competence of a public civil servant means a set of knowledge, skills and abilities necessary for the proper exercise of the powers of a state body;

position of the public civil service means a position entered in the State Register of positions of the public civil service, for the exercise of the powers of a state body;

Rules of Ethical Conduct of Public Civil Servants mean a set of ethical standards that are mandatory for compliance with by public civil servants;

qualification requirements mean requirements for work experience and professional competence established by a state body in relation to candidates applying for the assignment of a certain qualification rank of the public civil service and (or) occupying a certain position in the public civil service.

Article 5. Basic Principles of Public Civil Service

The main principles of the public civil service shall be:

unity and stability of the public civil service system;

legality;

justice;

serving the people;

responsibility of state bodies and officials to society and citizens;

priority of human rights, liberties and legitimate interests;

openness and transparency;

objectivity, professionalism and competence;

equality of rights of citizens of the Republic of Uzbekistan for access to the public civil service;

legal and social protection of public civil servants.

Chapter 2. Public Administration in the field of Public Civil Service

Article 6. Powers of the President of the Republic of Uzbekistan in the field of Public Civil Service

President of the Republic of Uzbekistan shall:

determine priority directions for the development and improvement of the public civil service;

determine the organizational and legal mechanisms related to the organization of the public civil service;

appoint and dismiss from the public civil service office the persons assigned to the powers of the President of the Republic of Uzbekistan.

The President of the Republic of Uzbekistan may exercise other powers in accordance with the law.

Article 7. Powers of the Cabinet of Ministers of the Republic of Uzbekistan in the field of Public Civil Service

Cabinet of Ministers of the Republic of Uzbekistan shall:

to coordinate the activities of ministries and other state administration bodies in the sphere of state civil service;

appoint and dismiss from the public civil service office the persons assigned to the powers of the Cabinet of Ministers of the Republic of Uzbekistan;

ensure the development of financial and economic mechanisms of state programs and projects in the field of the public civil service within its powers and approve them.

The Cabinet of Ministers of the Republic of Uzbekistan may exercise other powers in accordance with the legislation.

Article 8. Powers of Specially Authorized State Body in the field of Public Civil Service

The Agency for Development of Public Service under the President of the Republic of Uzbekistan shall be a specially authorized state body in the field of the public civil service (hereinafter referred to as the specially authorized state body).

Specially authorized state body shall:

implement a unified state policy in the field of public civil service;

develop and implement state programs and projects in the field of public civil service;

coordinate, within its powers, the activities of state bodies in the field of personnel policy;

monitor and analyze trends and prospects for the development of the civil service, and develop proposals for improving this area;

submit to the heads of state bodies binding for consideration submissions on the elimination of identified violations of the legislation on the public civil service, the causes and conditions that contribute to them;

introduce innovative methods of personnel management and development of human resources in the field of civil service;

introduce a system of measurable indicators (key objectives) for evaluating the performance of public civil servants and analyze their results, study public opinion and participate in the formation of an open rating of heads of state bodies;

organize the competitive selection of personnel for the public civil service;

introduce and consistently improve information and communication technologies in the field of the public civil service, form a database of public civil servants with ensuring the security of their personal data;

assist in protecting the rights and legitimate interests of public civil servants, as well as in creating appropriate conditions for their labor activity and social protection;

carry out cooperation with state bodies of foreign states and international organizations in the field of public civil service, participate in the conclusion of international treaties of the Republic of Uzbekistan in this area.

A specially authorized state body may exercise other powers in accordance with the legislation.

Article 9. Powers of State bodies in the field of Public Civil Service

State bodies shall:

ensure the implementation of legislation on the public civil service in state bodies;

organize the activities of commissions for the selection and screening of personnel, the assignment of qualification ranks of pubic civil service positions to public civil servants and the conduct of internal investigations;

control the performance of official duties and compliance with the restrictions associated with the public civil service by public civil servants;

organize on a regular basis the retraining of civil servants, the advanced training and education.

State bodies may exercise other powers in accordance with the legislation.

In order to exercise the powers specified in the first part of this article, personnel divisions shall operate in state bodies.

Chapter 3. Legal Status of Public Civil Servant

Article 10. Public Civil Servant

Public civil servant shall be a citizen of the Republic of Uzbekistan, who carries out activities in the positions of the public civil service.

Citizen of the Republic of Uzbekistan shall acquire the legal status of a public civil servant from the moment of appointment to the position of the public civil service and lose it in connection with the termination of the activity of a public civil servant.

The conviction of a relative and the legal consequences arising therefrom may not be grounds for restricting the rights of citizens of the Republic of Uzbekistan upon admission to the state civil service and during the performance thereof.

Additional rights, obligations and restrictions related to the legal status of civil servants who belong to the political group of public civil service positions shall be determined by separate legislation.

Article 11. Rights of Public Civil Servant

Public civil servant shall have the right for:

receiving remuneration timely and in full in accordance with the specifics and complexity of the duties assigned, with the quantity and quality of work performed;

receiving incentives for professional competencies and special merits;

regular advanced training at the expense of the state body and other means not prohibited by legislation;

amendments to the employment contract and its termination in the manner and under the conditions established by labor legislation;

familiarization with the job description and other documents defining official powers, duties and responsibilities;

workplace that meets the requirements of labor safety;

rest provided by the establishment of the maximum duration of working hours, reduced working hours for certain civil servants, the provision of weekly days off, non-working holidays, as well as annual labor leaves;

legal and social protection, as well as state pension provision in accordance with the legislation;

appealing against illegal decisions of a state body and illegal actions (inaction) of their officials;

refusal to fulfill illegal orders and requirements of the heads of the state body;

receiving state protection in case of reporting facts of corruption offenses in the public civil service;

expressing an opinion to the leadership of the state body on official matters, making proposals for improving the activities of the state body in which they perform public civil service;

respect for honor, dignity and business reputation by the leadership of the state body and other officials;

retention of the position of the public civil service and wages in the event that a state body seconds them for retraining and advanced training, as well as in other cases provided for by legislation;

compensation for material damage and compensation for moral harm caused during the performance of the public civil service, in the manner prescribed by legislation;

protection of their labor rights, liberties and legitimate interests by all means not prohibited by law;

appealing to a specially authorized state body on issues of the public civil service;

familiarization with set of their personal documents.

A public civil servant may have other rights in accordance with the legislation.

Article 12. Obligations of Public Civil Servant

The public civil servant shall be obliged:

comply with the Constitution of the Republic of Uzbekistan, laws and other acts of legislation;

fulfill their official duties with integrity, comply with the rules of ethical behavior established by the state body, the procedure for working with official information, as well as other rules related to the performance of the public civil service;

comply with the restrictions established by this Law related to the performance of the public civil service;

avoid conflicts of interest, be impartial and objective;

refrain from actions (inaction) that may undermine the authority of a state body or raise doubts about the integrity of the performance of its official duties, including from any form of discrimination, bias or special disposition towards someone in the performance of their official duties;

not to use official position for personal and other illegal purposes, as well as not to allow illegal influence on their official activities, the activities of state bodies, their officials and citizens;

comply with the requirements for the protection of information constituting state secrets or other secrets protected by law, as well as not to disclose information received in the performance of their official duties, including after the termination of the activity of a public civil servant;

submit a declaration on income and property within the time limits and in the manner prescribed by law;

ensure the safety of state property, use the state property entrusted only for official purposes;

regularly improve professional competencies.

Public civil servant may bear other duties in accordance with the legislation.

Article 13. Restrictions Related to Performance of Public Civil Service

Public civil servant shall not be entitled to:

hold a public civil service position in the same state body with persons who are closely related to each other (parents, brothers, sisters, sons, daughters, spouses, as well as parents, brothers, sisters and children of spouses), where their joint service is associated with the direct subordination or control of one of them to another, with the exception of cases provided for by legislation;

engage in other paid activities, except for pedagogical, scientific and creative activities, with the exception of cases provided for in the laws of the Republic of Uzbekistan and decisions of the President of the Republic of Uzbekistan;

engage in entrepreneurial activities;

create business entities, be their founder (participant), perform organizational, managerial, administrative and economic functions in a business entity, with the exception of cases of holding freely tradable shares of joint-stock companies within the requirements established by legislation;

acquire directly or through representatives of parts, stocks, shares in organizations under the control of a state body, where they serve or with which they have connections and interests;

receive from natural persons and legal entities any remuneration, benefits or gifts for the performance or non-performance of their official powers in their interests;

acquire citizenship of a foreign state;

enjoy benefits, privileges or advantages not provided for by legislation in connection with their official position;

open and have accounts, own immovable and other property located outside the territory of the Republic of Uzbekistan, with the exception of accounts opened for the purpose of training, internships and use of medical services in a foreign state, as well as property that was acquired and reported about before entering the public civil service;

exercise their powers in the interests of political parties, other public associations and their bodies.

The procedure for the suspension of entrepreneurial activity after the admission of a person engaged in entrepreneurial activity to the public civil service shall be determined by legislation.

The list of types of paid activities that a public civil servant cannot be engaged in shall be determined by the special authorized state bodies in the field of combating corruption and the public service.

Failure to comply with the restrictions provided for in part one of this article shall be the basis for bringing a public civil servant to disciplinary and other liability in accordance with the law.

Article 14. Liability of Public Civil Servant

Illegal actions (inaction) of a public civil servant, as well as improper performance of official duties, shall entail liability in accordance with the law.

Natural person or legal entity which believes that the actions (inaction) of a public civil servant have led to a violation of their rights, liberties and legitimate interests, shall have the right to appeal against such actions (inaction) to a higher authority or court.

Harm caused to natural persons or legal entities by illegal actions (inaction) of a public civil servant shall be compensated by a state body with subsequent recovery of harm from the guilty civil servant in the manner prescribed by legislation.

Harm caused by a civil servant as a result of the execution of an illegal order of the head of a state body or officials shall be compensated by the state body in the manner prescribed by legislation. The amount of harm shall be recovered by way of recourse from the head or official of the state body that issued the illegal order.

Chapter 4. Combating Corruption in the Field of Public Civil Service

Article 15. Prevention of Corruption Measures in the Field of Civil Service

Measures to prevent corruption in the field of public civil service shall be deemed:

avoidance of corruption offenses by public civil servants;

ensuring compliance with the Rules of Ethical Conduct of Public Civil Servants;

creation of organizational and legal foundations for preventing and resolving conflicts of interest of a civil servant, ensuring monitoring and control over their observance;

introduction of a system for declaring income and property of a civil servant;

establishing the procedure for receiving and presenting gifts to public civil servants;

ensuring social protection, material support and incentives for a public civil servant.

Legislation may provide for other measures to prevent corruption in the civil service.

Article 16. Intolerant Attitude of Public Civil Servant to Corruption

A public civil servant must display an intolerant attitude towards corruption and prevent actions (inaction) that may lead to it.

If a public civil servant has information about the facts of corruption, they must take the necessary measures to prevent corruption, including immediately notifying a higher state body (official) or a specially authorized state body for combating corruption, or contacting a law enforcement agency.

A public civil servant who has reported facts of corruption shall be provided with state protection in the manner prescribed by legislation.

Article 17. Rules of Ethical Conduct of Public Civil Servants

The Rules of Ethical Conduct of Public Civil Servants shall define:

moral relationships between heads, subordinates and other public civil servants;

actions (inaction) that may discredit the business reputation of a public civil servant and reputation of the public civil service;

basic rules of conduct for a public civil servant in the performance of official and out-of-service activities.

Violation of the Rules of Ethical Conduct of Public Civil Servants shall be the basis for bringing them to disciplinary and other liability in accordance with the law.

Control over compliance with the Rules of Ethical Conduct of Public Civil Servants shall be carried out by personnel departments or commissions on ethics of state bodies, as well as by a specially authorized state body.

The rules of ethical conduct of public civil servants shall be established by legislation. On the basis of the Rules of Ethical Conduct of Public Civil Servants, each state body shall approve its internal rules of ethical conduct, with account taken of the specifics of its activities.

Article 18. Conditions for Handling Gifts in Public Civil Service

As a gift in the public civil service shall be deemed the property of material value, transferred to a public civil servant (members of their family) without consideration, or a service provided without consideration to a public civil servant (members of their family).

Acceptance of any gifts from natural persons and legal entities for the performance or non-performance of official powers by a public civil servant in their interests shall be forbidden. The exceptions shall be gifts received by a civil servant for special merits on the basis of a relevant decision of a state body, as well as gifts received as a result of achievements in championships and competitions, awards in connection with public holidays, significant dates and other official events.

Public civil servants may receive gifts during business trips, as well as in connection with international and other official events.

The value of a gift that can be received in connection with business trips, international and other official events by public civil servants, as well as the procedure for disposing of it, shall be established by a specially authorized state body for combating corruption.

Article 19. Conflict of Interest

A conflict of interest shall be deemed a situation in which the personal interest (direct or indirect) of a public civil servant affects or may affect the proper performance of official powers and in which a conflict arises or may arise between personal interest and the rights, legitimate interests of citizens, society or a state body.

In the event of a conflict of interest, a public civil servant must immediately notify head or a higher state body in writing.

The head of a state body or a higher state body that has received information about the presence of a conflict of interest shall be obliged to take timely measures to eliminate it.

The procedure for preventing and resolving conflicts of interest shall be established by law.

Article 20. Declaration of Income and Property by Public Civil Servant

Public civil servant shall be obliged to submit a declaration on income and property within the time limits and in the manner prescribed by law.

Chapter 5. Organization of Public Civil Service

Article 21. System of Public Civil Service

The system of the public civil service shall be deemed a single organizational and legal complex of mechanisms for centralized selection, recording, placement, remuneration, improvement of professional competence and promotion of civil servants.

All citizens of the Republic of Uzbekistan who meet the established qualification requirements shall be guaranteed equal opportunities to enter the civil service.

The formation of professional competencies shall be ensured through the organization of retraining, advanced training, education of a civil servant for the effective implementation of the assigned tasks.

Proper remuneration and promotion of a public civil servant shall be ensured on the basis of an objective and fair assessment of professional competencies and special merits.

Article 22. State Register of Public Civil Service Positions

The state register of public civil service positions shall consist of groups and categories of civil service positions based on the level of the state body (national, republican, territorial and district), unified and classified in accordance with qualification requirements, as well as qualification ranks of civil service positions.

The state register of public civil service positions shall be approved by the President of the Republic of Uzbekistan and maintained by a specially authorized state body.

The state register of public civil service positions, as well as amendments and additions to it, shall be published on the official website of the specially authorized state body.

Article 23. Groups and Categories of Public Civil Service Positions

Public civil service positions shall consist of political, managerial and support groups of positions. In this respect, the categories of positions belonging to these groups shall be determined in the State Register of public civil service positions.

The procedure for the appointment and dismissal of civil servants belonging to the political group of positions of the public civil service shall be established by separate laws and decisions of the President of the Republic of Uzbekistan.

For the positions of the public civil service related to the managerial and support groups of public civil service positions, public civil servants shall be appointed on the basis of a competition and dismissed from office by the head of the state body.

Article 24. Qualification Ranks of Public Civil Service Positions

Civil servants shall be assigned the following qualification ranks of positions of the public civil service based on the groups and categories of positions of the public civil service:

The qualification ranks of public civil service positions (hereinafter referred to as qualification ranks) shall be assigned to civil servants, as a rule, in a sequential order, if they have higher education and a certain volume of work experience, a certificate of completion of advanced training courses, a positive conclusion of the qualification commission.

The procedure for assigning qualification ranks to civil servants shall be established by the President of the Republic of Uzbekistan.

Article 25. National Personnel Reserve

The National personnel reserve shall be deemed a system of centralized selection, training, retraining and continuous advanced training of civil servants in order to fill the leadership positions of the public civil service with qualified personnel.

The National personnel reserve shall be created in order to ensure stable provision and improvement of the quality of the composition of the leading personnel of the public civil service, improve professional competence and advancement of a civil servant in the service.

The formation and maintenance of the National personnel reserve shall be carried out by a specially authorized state body in the manner established by the President of the Republic of Uzbekistan.

Article 26. Monitoring in the field of Public Civil Service

In order to ensure a uniform practice of applying unified organizational and legal mechanisms in the system of the public civil service, a specially authorized state body shall conduct monitoring in a state body.

Monitoring shall be carried out by studying the implementation by the state body of the legislation on the public civil service.

In case of detection of violations of the legislation on the civil service as a result of monitoring, the specially authorized state body shall make submissions to the head of the relevant state body mandatory for consideration on the elimination of the identified violations of the legislation on the civil service, the causes and conditions that contribute to them.

The procedure for conducting monitoring shall be determined by a specially authorized state body.

Chapter 6. Procedure and Conditions for Entering Public Civil Service

Article 27. Entry into Public Civil Service

Entry into the public civil service shall be carried out by way of appointing a candidate for the position of the public civil service on the basis of a competition, with the exception of occupying positions of the public civil service, for which the legislation provides for a different procedure.

Article 28. Conditions for Admission to Public Civil Service

Citizens of the Republic of Uzbekistan who speak the state language and meet the qualification and other requirements for holding positions in the civil service shall be admitted to the public civil service.

Foreign specialists and experts may hold positions in the civil service in the manner prescribed by legislation. The procedure and conditions for the service of foreign specialists and experts shall be determined on the basis of the relevant contract.

The following persons cannot be admitted into the civil service:

under the age of eighteen, unless otherwise established by the qualification requirements for the position of the public civil service;

recognized by the court as incapable or partially capable;

deprived by a court decision of the right to hold positions of the public civil service for a certain period;

convicted by the court of committing corruption crimes;

having an outstanding or unexpunged conviction for committing grave and especially grave crimes;

whose state of health, on the basis of a medical report, does not allow them to take a position in the civil service;

those who refused to comply with the restrictions associated with the performance of the public civil service, provided for in the first part of Article 13 of this Law.

Article 29. Occupation of Public Civil Service Position

Occupation of a civil service position shall be carried out on the basis of a competition, with the exception of cases where the previous or equivalent position is provided in accordance with the guarantees established by legislation, as well as the circumstances provided for in Articles 39 and 41 of this Law.

Equality of rights to be guaranteed to candidates for occupying a position in the state civil service, irrespective of their sex, race, nationality, language, religion, belief, social origin, or social status.

The occupation of a vacant position in the civil service shall be carried out on the basis of internal and external competitions held through the information system of a specially authorized state body.

Only public civil servants shall have the right to participate in internal competitions, and all citizens of the Republic of Uzbekistan who meet the relevant qualification requirements shall have the right to participate in external competitions.

The positions of the public civil service for which the competition shall be held, and the procedure for holding the competition shall be determined by the President of the Republic of Uzbekistan.

Article 30. Employment Contract

An employment contract with a person entering the public civil service shall be concluded in writing on the basis of labor legislation for a fixed or indefinite period.

An employment contract shall not be concluded with public civil servants belonging to the political group of positions in the public civil service.

The employment contract shall specify the grounds and conditions for the performance of the public civil service, the rights, duties and responsibilities of the public civil servant, restrictions associated with the performance of the public civil service, as well as the rules relating to legal and social protection.

Approximate requirements for an employment contract concluded with a civil servant shall be established by a specially authorized state body.

Article 31. Set of Personal Documents of Public Civil Servant

A set of personal documents of a public civil servant shall consist of personal data and information about performance of the public civil service.

A set of personal documents of a public civil servant shall be maintained by the personnel department of a state body.

A set of personal documents of a public civil servant shall be maintained in electronic form.

Entry into the set of personal documents of a public civil servant of information that is not related to the performance of the public civil service, as well as transfer of information from the set of personal documents to third parties without the consent of the public civil servant, shall be prohibited, except cases established by legislation.

Article 32. Official Certificate of Public Civil Servant

A public civil servant shall be issued an official certificate in the form established by a specially authorized state body.

The official certificate shall indicate the position of the public civil service occupied by the public civil servant, the qualification rank, the full name of the state body, the date of issue and the validity period of the certificate.

An official certificate may also be issued in the form of an identification card confirming the data of a civil servant.

The official certificate shall not be transferable to other persons.

In the event of the expiration of the official certificate or dismissal of a public civil servant, as well as in other cases provided for by legislation, the official certificate shall be subject to return to the state body that issued it.

Chapter 7. Procedure for Performing Public Civil Service

Article 33. Performing Public Civil Service

The period of performing the public civil service shall cover the period from the moment of appointment to the position of the public civil service until the date of termination of the activity of a public civil servant on the grounds provided for in Article 50 of this Law.

Performing public civil service shall be carried out on the basis of an employment contract and shall include:

working hours of a public civil servant;

job description of a public civil servant;

assessment of the performance of a public civil servant;

advancement in the civil service;

transfer to another position of the public civil service, including in rotation and business trips;

continuous improvement of professional competencies of a civil servant;

a unified procedure for remuneration of civil servants;

application of incentive measures or disciplinary sanctions to civil servants.

The procedure for performing the public civil service by public civil servants belonging to the political group of positions of the public civil service shall be established by separate laws of the Republic of Uzbekistan and decisions of the President of the Republic of Uzbekistan.

Article 34. Working Hours of Public Civil Servants

A five-day working week shall be established for a public civil servant in a state body. In this respect, the duration of working time per week should not exceed forty hours.

For one of the parents (a person replacing parents) from among civil servants with children under the age of three, the working time shall be set to no more than thirty-five hours a week.

Depending on the specifics of the official activities of a civil servant, in compliance with the internal labor regulations, a six-day working week may be established, taking into account the length of working time specified in part one of this article.

Work in excess of the length of working time established by the state body for a public civil servant shall be considered overtime work.

In the event of natural and man-made emergencies, a state body may engage a public civil servant to work overtime without their consent.

Involvement of public civil servants in overtime work, as well as on weekends and non-working holidays, shall be carried out on the basis of a decision of the head of the state body in compliance with the requirements of labor legislation.

Compensation for overtime work of a public civil servant shall be carried out by payment for actually worked overtime hours not less than double the amount or by providing additional rest time corresponding to the length of time worked overtime.

Article 35. Job Description of Public Civil Servant

The job description of a public civil servant shall be a document that defines the official powers, duties and responsibilities of a public civil servant.

The job description of a civil servant shall be approved by the head of the state body or established by legislation.

A public civil servant must be familiarized with the job description of a public civil servant against signature before signing an employment contract.

Article 36. Performance Evaluation of Public Civil Servant

To motivate a public civil servant and ensure promotion on the basis of objective and fair criteria, a system for evaluating the performance based on key indicators shall be introduced.

The methodology for evaluating the performance of public civil servants on the basis of key indicators shall be determined by a specially authorized state body.

In accordance with the methodology for evaluating the performance of public civil servants, the state body shall determine its internal procedure, taking into account the specifics of its activity.

Article 37. Promotion in Public Civil Service

Promotion in the public civil service shall be carried out by appointment to a higher position or assignment of a higher qualification rank based on the effectiveness of performance through the continuous improvement of the professional competence of a civil servant.

Article 38. Transfer to Another Position of Public Civil Service

The transfer of a public civil servant to another position of the public civil service shall be carried out with their written consent.

A public civil servant who, for health reasons, on the basis of a medical report, cannot perform official duties in position held, with their written consent, shall be provided with another civil service position corresponding to professional competencies and not contraindicated for health reasons.

Article 39. Rotation of Public Civil Servant

The rotation of a public civil servant shall be carried out in order to develop personal and professional qualities, increase the efficiency of performance, form a reserve of managerial personnel and prevent corruption risks.

The rotation of a civil servant shall be carried out with their consent by transferring to another equivalent position in the civil service.

In order to prevent corruption offenses in the public civil service, a list of positions in the public civil service which are subject to mandatory rotation shall be determined. The rotation of public civil servants holding these positions shall be carried out without their consent.

The following civil servants shall not be subject to rotation:

undergoing training, retraining and advanced training;

pregnant women, as well as women with children under the age of three;

whose health conditions or of their family members residing with them, on the basis of a medical report, does not allow them to perform their official duties in the position of the public civil service for which rotation is carried out.

The conditions for the rotation of a public civil servant shall be provided for in the employment contract.

In case of disagreement with the decision on rotation, a civil servant shall have the right to appeal it to a higher state body or a specially authorized state body or to a court.

The procedure for rotation in the public civil service, the list of positions in the public civil service subject to mandatory rotation, as well as the period of stay in rotated positions shall be established by the President of the Republic of Uzbekistan.

Article 40. Business Trips of Public Civil Servant

A public civil servant shall be sent on a business trip to perform an official task for a certain period in accordance with the decision of the state body. A business trip can be made on the territory of the Republic of Uzbekistan or abroad.

The duration of a business trip of a civil servant shall be determined by the head of the state body, taking into account the volume, complexity and other aspects of the official task.

When a public civil servant is sent on a business trip, position and average salary shall be retained, and the costs associated with accommodation, transportation costs, as well as other expenses in connection with the business trip, shall be covered by the state body.

The procedure for organizing a business trip of a civil servant to foreign countries shall be determined by the President of the Republic of Uzbekistan.

Article 41. Secondment of Public Civil Servant To Another State Body

A public civil servant may be seconded for a period of not more than one year to perform the duties assigned to the position of the public civil service of another state body. In this respect, remuneration for the work of a public civil servant shall be made on the basis of a separate fixed-term employment contract concluded with the state body where they were seconded. The validity of the employment contract concluded at the previous place of service shall be suspended until the expiration of the secondment of a civil servant.

A civil servant shall be paid labor payment upon the fact of work performed in the amount not less than in the main position. Expenses of a state body related to the secondment of a public civil servant to another state body shall be reimbursed by the state body to which the public civil servant is seconded.

Secondment of a public civil servant to perform duties assigned to the position of the public civil service of another state body shall be possible only with written consent.

Secondment of a public civil servant to another state body shall not be allowed:

to the position of the public civil service that does not correspond to their professional competencies;

if the health conditions or of family members residing with them, on the basis of a medical opinion, does not allow to perform official duties in the position of the public civil service, to which the public civil servant is seconded.

If the terms of remuneration or rest time, additional guarantees and benefits in another state body differ from the state body that seconded the civil servant, more favorable conditions shall apply.

Article 42. Continuous Improvement of Professional Competence of Public Civil Servant

The purpose of the continuous improvement of the professional competence of a civil servant shall be creation of conditions to acquire the knowledge, skills and abilities necessary for effective performance.

The level of professional competence of a public civil servant shall be regularly assessed by the state body through information systems that allow determining the level of knowledge, skills and abilities.

Retraining, advanced training and self-study shall be the main forms of continuous professional improvement of a civil servant.

Retraining shall be deemed an educational process organized with the aim of acquiring additional professional knowledge, skills and abilities necessary for the effective operation of a civil servant.

Advanced training shall be deemed an educational process aimed at improving and regularly updating the professional competence of a civil servant.

Self-study shall be deemed the process of increasing professional competence for the acquisition of new knowledge and experience by civil servant in free time.

The procedure for continuous improvement of the professional competence of a civil servant shall be established by the President of the Republic of Uzbekistan.

Article 43. Remuneration of Public Civil Servant

The remuneration of a public civil servant shall include:

base salary;

additional payment for years of service;

additional payment for the qualification rank;

additional bonus for achieving key performance indicators of a civil servant;

incentive payments following the results of the reporting period.

In connection with the working conditions of a civil servant, the performance of special important tasks and complex tasks, other conditions, stimulating additional payments and allowances established by legislations may be paid to complement basic official salary.

The procedure for calculating and the amount of payments provided for by part one of this article shall be established by the President of the Republic of Uzbekistan.

Article 44. Incentives for Public Civil Servant

The following incentive measures may be applied to a civil servant:

additional allowances to the salary;

monetary reward;

extraordinary assignment of a qualification rank;

gratitude announcement;

rewarding with a valuable gift, a commemorative badge or a diploma.

For special merits, a public civil servant may be presented for state awards in the manner prescribed by legislation.

Article 45. Application of Incentive Measures To Public Civil Servant

The application of incentive measures to a civil servant shall be carried out by the head of the state body or on their recommendation.

Upon deciding whether to apply incentive measures to a civil servant, the following shall be taken into account:

fulfillment and exceeded fulfillment of key performance indicators based on the results of the month, quarter, half year, year;

performance of especially important tasks;

complexity and importance of the assigned task, as well as the high results achieved in its activities;

holidays, anniversaries, significant dates and retirement.

Article 46. Disciplinary Liability of Public Civil Servant

Non-observance by a civil servant of the job description and the Rules of Ethical Conduct of Public Civil Servants, as well as the restrictions established by Article 13 of this Law, shall be the basis for applying disciplinary sanctions against them.

The following disciplinary measures shall be applied to a civil servant:

rebuke;

fine in the amount of not more than thirty percent of the average monthly wage;

downgrading in the qualification rank;

demotion in the position in the public civil service;

dismissal from the position of the public civil service.

Application to a civil servant of other measures of disciplinary sanctions, not provided for by part two of this article, shall be prohibited.

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.

Article 48. Terms of Application of Disciplinary Sanctions

The measure of disciplinary sanction shall be applied immediately, but not later than one month from the date of discovery of the disciplinary misconduct.

Disciplinary measures cannot be applied during the period:

temporary disability of a public civil servant;

vacation or business trip of a public civil servant;

release of a public civil servant from the performance of official duties for the duration of the performance of duties related to an emergency situation or military service;

retraining, advanced training and education of a public civil servant.

The period for applying a disciplinary sanction shall be suspended until the expiration of the periods provided for by part two of this article.

A disciplinary sanction may be applied no later than six months from the day the disciplinary offense was committed, and based on the results of a checking, inspection of financial and economic activities or an audit, no later than two years from the day it was committed. The above time limits shall not include the time of criminal proceedings.

A disciplinary sanction shall be valid for one year from the date of its application. If during this period a new measure of disciplinary sanction is not applied to a civil servant, they are considered not to have a disciplinary sanction. In this respect, the term of the disciplinary sanction shall expire automatically without the relevant decision of the head of the state body.

The head of the state body shall have the right to remove the disciplinary sanction ahead of schedule on own initiative, at the petition of the direct supervisor of the public civil servant, trade union (if available), as well as at the request of the public civil servant.

Article 49. Internal Investigation

Internal investigation shall be carried out by decision of the head of the state body in the manner prescribed by labor legislation. A public civil servant may also be subjected to an internal investigation on the basis of their written statement in case of discretion of unfounded accusations or conclusions against them.

During the course of an internal investigation, the following should be determined:

circumstances and conditions that led to the disciplinary offence;

validity or groundlessness of the accusation of a disciplinary offense with respect to a public civil servant;

specificity and amount of damage caused as a result of a disciplinary offense;

arguments specified in the explanations and the written request of the civil servant.

An internal investigation in a state body shall be carried out by an internal investigation commission, consisting of representatives of the personnel department, the legal service and other departments of the state body, as well as the trade union (if present). The commission for conducting an internal investigation cannot include the head of a state body and persons interested in the results of an internal investigation.

If an internal investigation is required, the head of a state body may decide to temporarily suspend a public civil servant from performing official duties for the duration of an internal investigation, while maintaining average salary.

The term for conducting an internal investigation shall not exceed fifteen working days. Based on the substantiated arguments of the commission for conducting an internal investigation, the head of the state body shall have the right to extend the term for its conduct up to another fifteen working days.

Based on the results of an internal investigation, an act of the commission for conducting an internal investigation shall be drawn up and a conclusion shall be prepared on the application or non-application of disciplinary measures against a civil servant. The conclusion of the commission for conducting an internal investigation may be rejected by the head of the state body or may be the basis for the application of disciplinary measures against a public civil servant.

Chapter 8. Termination of Activities of Public Civil Servant

Article 50. Grounds for Termination of Activities of Public Civil Servant

The grounds for terminating the activity of a public civil servant shall be:

termination of the employment contract in accordance with labor legislation;

loss of citizenship of the Republic of Uzbekistan by a civil servant;

entry into force of a court verdict by which a civil servant was sentenced to a punishment that precludes the possibility of continuing activity, as well as a court ruling on the application of compulsory medical measures to them;

submission of false information that was important for a civil servant to occupy a position in the civil service;

commission of a corruption offense by a public civil servant;

non-observance by the public civil servant of the restrictions connected with performing the public civil service.

The termination of the activities of a public civil servant shall entail the loss of the legal status of a public civil servant.

Article 51. Consequences of Illegal Termination of Activities of Public Civil Servant

In the event that the illegal termination of the activities of a civil servant is established, the civil servant shall be reinstated in the previous position of the civil service, and where that is not possible (liquidation of the state body, change in the staffing table that led to its reduction, or if there are other grounds provided for by law that impede their restoration to the previous positions of the civil service) — shall be appointed to another equivalent position in the public civil service.

The public civil servant, reinstated in the position of the public civil service, shall be compensated for the harm caused by the illegal termination of activities, at the expense of the State budget of the Republic of Uzbekistan.

A person guilty of illegal termination of the activity of a public civil servant shall be liable in the manner prescribed by law. The amount of harm associated with the illegal termination of the activity of a public civil servant shall be recovered from the guilty person in the manner of recourse.

Chapter 9. Legal and Social Protection of Public Civil Servant

Article 52. Legal Protection of Public Civil Servant

Public civil servant shall have the right to appeal against illegal decisions of a state body, as well as illegal actions (inaction) of their officials to a higher state body or a specially authorized state body or to a court.

Protection of violated, contested rights, liberties and legitimate interests of a public civil servant as a result of illegal decisions of a state body, as well as illegal actions (inaction) of their officials shall be carried out in the manner established by the Code of the Republic of Uzbekistan on administrative proceedings.

Disputes related to compensation for material damage and compensation for moral harm caused to a public civil servant shall be resolved in the manner prescribed by civil procedural legislation.

Article 53. Social Protection of Public Civil Servant

Social protection of a public civil servant shall be delivered by the state through:

provision of labor and social leave;

compulsory life and health insurance;

compensation for harm caused to life, health and property;

state pension provision.

The following measures of social protection shall be guaranteed to a civil servant:

medical service;

reimbursement of expenses associated with the transfer to another position of the civil service in rotation, including accommodation and transport;

provision of official housing, official transport or monetary compensation for housing and transportation costs in cases and in the manner prescribed by legislation.

Other measures of social protection may be applied to a civil servant in accordance with the legislation.

Public civil servant shall be subject to all types of social benefits paid to citizens of the Republic of Uzbekistan on the grounds and in the amounts established by legislation.

The payment of social benefits, with the exception of payments made at the expense of the off-budget Pension Fund under the Ministry of Finance of the Republic of Uzbekistan, shall be made at the expense of the State Budget of the Republic of Uzbekistan.

Article 54. Labor and Social Leave of Public Civil Servant

A public civil servant shall be granted an annual basic minimum labor leave of twenty-seven calendar days.

A public civil servant shall be granted annual additional labor leave for length of service and special working conditions.

The procedure for granting and the duration of annual additional labor leaves for length of service and special working conditions shall be determined by the Cabinet of Ministers of the Republic of Uzbekistan.

Depending on the category of the position of the civil service, the legislation may establish a different duration of the annual basic and additional labor leaves.

Social leave to a public civil servant shall be provided in the manner prescribed by labor legislation.

Article 55. Compulsory Insurance of Life and Health of Public Civil Servant

The life and health of a public civil servant shall be under the protection of the state and shall be subject to compulsory insurance in the manner prescribed by legislation.

Article 56. Compensation for Harm Caused To Life, Health and Property of Public Civil Servant

Harm caused to the life or health of a civil servant in connection with a labor injury, occupational disease or other damage to health in the performance of official duties, shall be compensated by the state body in the manner prescribed by law.

In the event of the death of a public civil servant in the performance of official duties, family members who were dependent on them shall be paid by the state body a lump-sum allowance in equal division among them in the amount of not less than six times the average annual salary of the deceased.

Damage caused to the property of a public civil servant in connection with the performance of official duties shall be fully compensated at the expense of the State Budget of the Republic of Uzbekistan, the amount of which shall be subsequently recovered from the guilty persons in the manner of recourse.

Payments for compensation for harm, damage, provided for in parts one and two of this article, shall be made at the expense of the State budget of the Republic of Uzbekistan.

Article 57. State Pension Provision

All types of state pensions assigned to citizens of the Republic of Uzbekistan shall be applied to a public civil servant on the grounds established by law.

Disabled family members who are dependents of a deceased civil servant shall be entitled to a survivor's pension.

State pension provision of a public civil servant shall be carried out at the expense of the off-budget Pension Fund under the Ministry of Finance of the Republic of Uzbekistan.

The procedure for the assignment, calculation and size of pensions for public civil servants, as well as additional social guarantees for state pension provision shall be established by the legislation on state pension provision for citizens.

Chapter 10. Final Provisions

Article 58. Financing of Measures in the Field of Public Civil Service

Financing of measures in the field of the public civil service shall be carried out at the expense of the State budget of the Republic of Uzbekistan and other sources not prohibited by legislation.

Article 59. International Cooperation

International cooperation in the field of public civil service shall be carried out in accordance with the generally recognized principles and norms of international law, as well as the legislation and international treaties of the Republic of Uzbekistan.

Article 60. Settlement of Disputes

Disputes in the field of public civil service shall be resolved in the manner prescribed by legislation.

Article 61. Liability for Violation of Legislation on Public Civil Service

Persons found guilty of violating the legislation on the public civil service shall be liable in accordance with the established procedure.

Article 62. Ensuring Execution, Communication and Clarification of Essence and Significance of Present Law

To the Agency for Development of Public Service under the President of the Republic of Uzbekistan, the Ministry of Employment and Labor Relations, the Ministry of Justice of the Republic of Uzbekistan and other interested organizations to ensure the execution, communication to the executors and clarification among the population of the essence and significance of the present Law.

Article 63. Bringing Legislation into Line with Present Law

To Cabinet of Ministers of the Republic of Uzbekistan:

to bring government decisions in line with the present Law;

to ensure the revision and cancellation by the public administration bodies of their normative legal acts that contradict the present Law.

Article 64. Entry into Force of Present Law

The present Law shall enter into force three months after the day of its official publication.

President of the Republic of Uzbekistan SH. MIRZIYOYEV

Tashkent,

Аugust 8, 2022,

No. LRU-788