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ЗмістChapter III. Legal Status of Civil Servants
Chapter IV. Civil Service at Organs
Civil Service Employment
Chapter V. Civil Servant’s Career
Training Courses for Civil Servants
Chapter VI. Termination of Civil Service
Terminating Civil Service
LAW OF UKRAINE
ON CIVIL SERVICE
(Enacted under Resolution
of the Supreme Council of Ukraine
#3724 of December 16, 1993;
Changed and amended according to Laws of Ukraine
#282/95-VR of July 11, 1995;
#358/95-VR of October 5, 1995;
#96/96-VR of March 22, 1996
#647-XIV of May 13, 1999)
This Law regulates relations within society embracing activities of the State in providing legal, organizational, economic, and social conditions for citizens of Ukraine to implement their right to public service.
This Law determines the key principles of activities and the status of public servants and civil service employees.
Chapter I. General Provisions
Civil Service and Civil Servants
Civil service in Ukraine shall be understood as the professional occupation of persons holding positions at State organs and civil service employees practically implementing tasks and functions of the State in return for pay from government funds.
These persons shall be referred to as civil servants and shall have appropriate official authority.
Ranks [Posts] and Officials
Rank [post] shall be understood as the primary structural unit of a State organ and office thereof, as per table of organization, vested with authority established by normative acts.
In the context of this Law, officials shall be understood as heads and deputy heads of State organs and offices [departments] thereof, as well as other civil service employees assigned organizational, executive or consulting functions under normative acts.
The Main Principles of Civil Service
Civil service shall be based on the following main principles:
The Right to Civil Service
The right to civil service shall vested in citizens of Ukraine regardless of origin, social or property status, racial or national belonging, sex, political affiliation, creed, place of residence, provided they have an appropriate education and professional training, and are selected in keeping with due competitive or other procedures stipulated by the Cabinet of Ministers of Ukraine.
Code of Ethics of Civil Servants
A civil servant shall:
Chapter IV. National Policy in the Sphere
of Civil Service
National Policy Guidelines
in the Sphere of Civil Service
The national policy in the sphere of civil service shall be determined by the Supreme Council of Ukraine.
National policy guidelines in the sphere of civil service shall consist in identifying the key targets, tasks, and principles of functioning of the institution of civil service, securing effective operation of all bodies of the State within their respective competence.
The Chief Civil Service Department shall be set up under the Cabinet of Ministers of Ukraine to conduct a uniform national policy and exercise functional control over civil service.
Issues relating to civil service functions at other organs of the State whose legal status is governed by special laws of Ukraine shall be resolved by these organs.
Governing Body of Civil Service
The Chief Civil Service Department under the Cabinet of Ministers of Ukraine shall be the body governing civil service within the framework of organs of the State and offices thereof.
The Chief Civil Service Department under the Cabinet of Ministers of Ukraine shall:
Coordinating Civil Service Council
The Coordinating Council for Civil Service at State Organs shall be set up as an interdepartmental consultative organ to identify the ways, means, and forms of implementation of the guidelines of the national policy in the sphere of civil service, combining the efforts of all organs of the State to improve the efficiency of civil service.
The Regulations on the Coordinating Council for Civil Service at State Organs shall be adopted by the Cabinet of Ministers of Ukraine.
at Bodies of the State and Offices Thereof
Specificalities of Regulation of the Legal Status
of Civil Servants at Organs of the State and Offices Thereof
The legal status of the President of Ukraine, Chairman of the Supreme Council of Ukraine and his Deputies, Chairmen of Standing Commissions of the Supreme Council and their Deputies, People’s Deputies [MPs], Prime Minister of Ukraine, members if the Cabinet of Ministers of Ukraine, Chairman and members of the Constitutional Court, Chairman and Judges of the Supreme Court of Ukraine, Chairman and Arbiters of the Supreme Arbitration court of Ukraine, and Procurator General of Ukraine and his Deputies shall be governed by the Constitution (888-09) and special laws of Ukraine.
The legal status of civil servants in the employ of the Office of Public Prosecutor, courts of law, diplomatic missions, customs authorities, Security Service, the Interior, etc., shall be determined in accordance with this Law, unless otherwise provided by [other] laws of Ukraine.
Principal Responsibilities of Civil Servants
The following shall be the principal responsibilities of civil servants:
Each and every civil servant shall act within his/her competence. When assigned a task contradicting any of the laws in effect, this civil servant shall be under the obligation forthwith to notify the instructing official in writing, and if pressed to comply, shall likewise notify that official’s superior.
Main Rights of Civil Servants
Civil servants shall have the right to:
Civil servants’ specific rights and responsibilities shall be determined based on standard service references and standing orders approved by the leadership of the given organ of the State, in keeping with the law and within the limits of competence.
Restrictions Ensuing from Civil Service
The following persons shall not be eligible as civil servants or civil service employees:
Civil Servants’ Tax Returns
Applicants for positions as 3-7 category [class] civil servants, as per Article 25 hereunder, shall submit tax returns and documents testifying to liabilities, including liabilities abroad, in regard to themselves and their dependents. Claimants for 1-2 category posts, as per Article 25 hereunder, shall also submit information on movable and immovable property owned by them and their families, and bank accounts and securities.
Said information shall be submitted by civil servants annually. Procedures of presentation, storage, and use of this information shall be adopted by the Cabinet of Ministers of Ukraine.
Particulars of Civil Servants’
Civil servants shall be meted out disciplinary punishments in retaliation for nonfulfillment or improper fulfillment of their duties, abuse of office, transgressions of restrictions ensuing from civil service, and actions blemishing their reputation or discrediting the organ of the State employing them.
In addition to disciplinary sanctions stipulated by the labor laws of Ukraine, civil servants may be meted out the following punishments:
of the State and Offices Thereof
Employment as 3-7 category civil servants shall be on a competitive basis, as per Article 25 hereunder, except when otherwise provided by the laws of Ukraine.
Vacancy contest procedures shall be governed by the Regulations approved by the Cabinet of Ministers of Ukraine.
Information on civil service vacancies shall be promulgated by the media at least one day prior to the contest.
Requesting from applicants information and documents no required by the laws of Ukraine shall be prohibited.
The President of Ukraine, Chairman of the Supreme Council of Ukraine, members of the Government of Ukraine, and Heads of local State Administrations shall have the right to independently select and appoint their Deputies, heads of the press service, and secretaries as per table of organization and category corresponding to rank (patronage1 service). Civil service employment terms in regard to these persons shall be determined by the relevant authority.
Restrictions in Conjunction with
A civil servant shall have no right to perform actions envisaged by Articles 1 and 5 of the Law of Ukraine On Struggle Against Corruption (356/95-VR).
(Paragraph 1, Article 16 in the wording of Law of Ukraine #358/95 of October 5, 1995)
Civil servants shall not take part in strikes or commit other acts obstructing the normal functioning of the [given] organ of the State.
Other restrictions in conjunction with civil service employment shall be instituted in regard to separate categories of civil servants only by legislative acts of Ukraine.
The Civil Servant’s Oath
Citizens of Ukraine being employed as civil servants for the first time shall take the following Oath:
“In full awareness of my lofty responsibility, I do solemnly swear to be a loyal servant of the Ukrainian people, strictly abide by the Constitution and [other] laws of Ukraine, help implement every one of them, strengthen their authority, protect the rights, freedoms, and lawful interests of every citizen, be worthy of my noble position as a civil servant, and carry out my duty with utmost diligence.”
Each civil servant will append his/her signature to the text of the Oath which shall be kept at his/her place of work. An appropriate entry attesting to the taking of the Oath shall be made in the work-book [employment record].
Newly employed civil servants may be subjected to a trial period of up to six months.
On-the Job Training
In order to gain practical experience, test one’s professional level and personal qualities, an applicant for civil service employment may have to take a course of on-the-job training at an appropriate organ of the State for up to two months while on the payroll at the regular place of work.
Civil servants’ working hours shall be determined in keeping with the labor laws of Ukraine, with an eye to the specificalities set forth hereunder. In order to carry out top priority or emergency assignments, and if so instructed by their superiors, civil servants shall be under the obligation to report for work on weekends, holidays, and other days off, for which they shall be rewarded in keeping with the labor laws currently in effect.
If so resolved by their superiors, civil servants may be recalled from annual or additional [paid] leaves. The remaining time on leave shall be granted them at any other time during the year or added to next year’s leave.
Civil servants shall be reimbursed expenses on business trips and paid other compensations in keeping with the labor laws of Ukraine.
While on business trips, civil servants shall have the right to make hotel reservations, book tickets for all types of transport, and receive tickets on a top priority basis.
On arriving at the place of destination, civil servants shall be secured adequate working conditions — e.g., office space, office equipment, transport, and other amenities.
Suspension of Duty
A civil servant guilty of nonfulfillment of duty causing casualties or considerable material or moral damage to other citizens, the State, enterprises, institutions, organizations or citizens’ associations shall [temporarily] relinquish authority while remaining on the payroll. A decision on such suspension shall be made by the head of the organ of the State where this civil servant is employed.
Such suspension shall not exceed the time of internal inquiry. The latter shall continue for up to two months, in keeping with procedures established by the Cabinet of Ministers of Ukraine.
If the correctness of the decision on suspension is nor corroborated by internal inquiry, this decisions shall be rescinded.
Age of Retirement
The age of retirement for civil servants shall be 60 for male and 55 for female employees. These restrictions shall not apply to persons elected to elective offices according to the Law of Ukraine “On Local Self-Administration in Ukraine” (280/97-VR). If need be, the head of the organ of the State may, if so agreed with the head of the Chief Civil Service Department under the Cabinet of Ministers of Ukraine, postpone the retirement age, but not longer than five years.
(Paragraph 1, Article 23 changed and amended according to Law of Ukraine #647-XIV of May 13, 1999)
As an exception, after the end of this term, a civil servant may retain employment, but only as an adviser or consultant, if so resolved by the head of the relevant organ of the State.
Civil Service Procedures
Employment, promotion, bonuses, and other civil service procedures shall be carried out in accordance with rank and position.
Classification of Positions
The main criteria in classifying civil service positions shall be the organization and legal status of the employing organ of the State, the character of duties, competence, and the position’s role and place in the structure of this organ.
The following categories of civil servants shall be instituted:
Any of the existing ranks/positions not listed above or newly instituted ranks/positions of civil servants shall be classified by the Cabinet of Ministers of Ukraine as agreed with relevant organs of the State.
Civil Servants’ Ranks
The following ranks of civil servants shall be instituted [as per categories listed above]:
The Regulations on Civil Service Ranks shall be adopted by the Cabinet of Ministers of Ukraine.
Each civil servant shall be assigned a rank in accordance with his/her position, professional level, and service record.
Ranks corresponding to positions listed in the 1st category shall be assigned by the President of Ukraine.
Ranks corresponding to positions listed in the 2nd category shall be assigned by the Cabinet of Ministers of Ukraine.
Ranks corresponding to positions listed in the 3rd-7th categories shall be assigned by the head of the organ of the State employing the given civil servant.
Each newly employed civil servant shall be assigned a rank within a certain category [as listed hereinbefore].
To be promoted to a rank within a certain category, a civil servant shall have an unblemished 2-year service record in the present position. In recognition of special accomplishments, a civil servant may be promoted ahead of term within a certain category of ranks.
For meritorious service, a retiring servicemen may be promoted outside and above a certain category of ranks.
A civil servant shall be stripped of rank only is ruled by a court of law.
(Paragraph 10, Article 26 in the wording of Law of Ukraine #282/95 of July 11, 1995)
In case of demotion or resignation and subsequent return to service, a civil servant shall retain the latest rank.
People’s Deputies [MPs] who worked as civil servants prior to election shall have their term in Parliament entered into their civil service employment record.
Entries shall be made in a civil servant’s work-book [employment record] attesting to each promotion, demotion or other changes in the professional status.
Civil servants shall be promoted by winning higher positions during vacancy contests, except when otherwise provided by the laws of Ukraine or stipulated by the Cabinet of Ministers of Ukraine, and when assigned higher ranks.
A civil servant shall have the right to vie in a vacancy contest. Here the priority right shall be vested in civil servants with meritorious service records, showing initiative, self-development-oriented, and included in the Cadre Reserve.
Civil Service Cadre Reserve
Cadre Reserve shall be set up at organs of the State to fill in vacancies and provide for promotions.
Cadre Reserve shall be formed from among:
Procedures of forming and operating the Cadre Reserve shall be governed by the Regulations on Civil Service Cadre Reserve, adopted by the Cabinet of Ministers of Ukraine.
Personnel Training and Advanced
Civil servants shall be provided conditions for training and improving their professional skill at appropriate institutions of learning (at faculties/departments) and by self-education.
Civil servants shall constantly work to raise their professional level, including enrollment in appropriate institutions of learning — as a rule, at least once every five years. The results of such training and advanced courses shall be considered when deciding on their promotion.
Reasons for Termination
Apart from general reasons stipulated by the Labor Code of Ukraine, civil service shall be terminated in the event of:
A change in the leadership or staff of an organ of the State shall not warrant dismissal of civil servants on the initiative of the newly elected leadership, except government employees of the patronage service.
Civil servants who have held 1st or 2nd category positions for at least three years and who are dismissed due to staff changes at the given organ of the State or its termination shall retain average monthly wages until they find new jobs, but not longer than one year.
A civil servant’s resignation shall be understood as termination of office when occupying 1st or 2nd category posts.
Such resignation shall be warranted as follows:
Such resignation shall be accepted or refused (stating the reasons) by the employing/appointing organ of the State or official. A decision on accepting or refusing resignation shall be made within one month. If refused, the applicant shall continue to carry out his duty and shall have the right to resign in keeping with procedures stipulated by the Labor Code of Ukraine.
When resigning prior to retirement age, but with seniority sufficing for pension allowance (25 years for male and 20 years for female employees), and having occupied a 1st or 2nd category post for at least five years, a civil servant shall be paid 85 percent of his monthly salary, plus pay raise for rank and seniority prior to pension age.
Upon reaching retirement age, a retired civil servant shall be assigned a civil servant’s pension.
When assigned an old-age pension, also in case of new employment or imprisonment, payments stipulated by Section 4 hereinabove shall be terminated.
Appeals Against Decisions
Decisions on termination of civil service may be appealed by civil servants to a court of law.
Chapter VII. Material and Social-Communal
Support of Civil Servants
Civil servants shall receive wages in sufficient amounts to provide for independent performance of duty, help staff organs of the State with competent and experienced personnel, and stimulate their diligent and resourceful work.
Civil servants shall be paid wages according to position, along with pay raise for rank, civil service seniority, and other bonuses.
Civil servants shall be assigned wages depending on the complexity of work and level of personal responsibility in the line of duty.
Pay raise for rank shall be assigned depending on the rank .
Pay raise for seniority shall be paid monthly as percentage of the monthly wage, considering additional pay for rank and seniority, specifically:
Civil servants’ pay may be raised in acknowledgment of special accomplishments in the line of duty, for filling in for other employees, and as other bonuses or aid in solving social and communal problems.
Terms of payment, wages, salaries, bonuses, and aid to civil servants shall be determined by the Cabinet of Ministers of Ukraine.
The civil servants’ wage fund shall be raised at the expense of the State Budget of Ukraine and using other finance sources determined by the Regulations on Organs of State Executive Authority, [Parliament-]approved Edicts of the President of Ukraine and Resolutions of the Council of Ministers of Ukraine.
(Paragraph 8, Article 33 in the wording of Law of Ukraine #96/96 of March 22, 1996)
Budget reductions shall not warrant cut wages, salaries, bonuses, or financing of other guarantees, preferential terms, and compensations stipulated by this Law.
In acknowledgment of meritorious uninterrupted civil service, exemplary performance of duty, civil servants shall be awarded premiums in amounts and in keeping with procedures established by the Cabinet of Ministers of Ukraine.
In recognition of special merits, civil servants shall be recommended for government awards and prestigious titles.
Civil Servants’ Annual
and Additional [Paid] Leaves
Civil servants shall have annual [paid] leaves of 30 calendar days, unless longer leaves are provided by law, with additional sums allocated for healthbuilding purposes in the amount of one salary according to position/rank.
Civil servants with more than 10 years’ seniority shall be entitled to additional paid leaves of 15 calendar days. Terms and procedures of such additional paid leaves shall be established by the Cabinet of Ministers of Ukraine.
Social Protection and Consumer Services
Civil servants shall be provided housing from the national reserve, in keeping with set procedures.
Civil servants holding 1st-4th category posts shall have the priority right to have telephone lines installed.
Civil servants in need of better living conditions (determined as per current legislation) and those wishing to build private homes or buy apartments/buildings shall be allocated plots and interest-free credits for a term of up to 20 years. Credit conditions shall be determined by the Cabinet of Ministers of Ukraine.
Civil servants and members of their families living with them shall be entitled, in keeping with set procedures, to free heath service at government-run institutions of public health. After retirement, they shall likewise be served by these institutions.
Pensions and Monetary Aid
Civil servants shall be paid pensions at the expense of the State.
Civil service pensions shall be due persons reaching retirement age under the law of Ukraine, with overall seniority of at least 25 years for men and at least 20 years for women, including at least 10 years of civil service. Said persons shall be assigned pensions in the amount of 80% of their respective salaries, taking into account additional payments stipulated by this Law and without reducing the pension’s margin.
Civil servants shall be paid pensions in full, regardless of their earnings (revenues) after retirement.
For each full year of work after 10 years in civil service, pension shall be increased by one percent of the salary, but not more than by 90% of the salary according to post/rank, taking into account additional payments stipulated by this Law and without reducing the pension’s margin.
A civil servant dismissed from civil service due to imprisonment for a premeditated criminal offense or on [proven] charges of corruption, shall be denied pension on conditions stated hereinabove. In such cases pension shall be assigned civil servants on the general terms.
(Paragraph 5 added to Article 37 according to Law of Ukraine #358/95 of October 5, 1995)
Civil servants retiring with at least 10 years’ seniority shall be issued monetary aid in the amount of 10 monthly salaries according to post/rank.
Civil servants retiring with at least 10 years’ seniority shall be entitled to communal and housing benefits set forth by this Law.
Chapter VIII. Answerability for Transgressions
of the Laws on Civil Service
Answerability for Breaches of Civil Service Laws
Persons guilty of breaches of the civil service laws shall by subject to civil liability and criminal prosecution as provided by the laws currently in effect.
Leonid Kravchuk, President of Ukraine
City of Kyiv, December 14, 1993
1 Literary translation; the only acceptable English equivalent seems to be “visiting” — Transl.
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