Правовое регулирование государственной службы в таможенных органах (english) - (диплом)

Регламентированы of the right of the officials of customs houses for want of travel and presence(finding) in service business trips. The officials of customs houses have the right after sight of the business card free of charge to use on the whole territory РУз all kinds of the public transport of the urban, suburban and local message (except a taxi), and in village district—Any way transport. To the officials of customs houses РУз, using in the service purposes the personal transport, is paid money indemnification in the established(installed) sizes.

The official directed to service business trip, uses the right on purchase outside of turn of the travel documents on all types of transport and accommodation outside of turn in hotel under the service travelling sertificate.

Pension maintenance of the officials of customs houses and their families. The pension maintenance is carried out ГТК with reference to conditions, norms and order established(installed) by the legislation РУз for the persons, taking place a military service, service in bodies of internal businesses, and their families.

· Behind the officials of customs houses after an output(exit) on pension the right of health services in medical establishments is saved, in which they consist on the account(record-keeping).

    ·

2. 3. Legal status of the officials of customs houses in a Republic of Uzbekistan

Before to define(determine) concept “ the civil servant of customs house, establishment and organization ”, it is necessary even briefly to open the contents of the terms “employee” and “post”. The post —Is an element of any administrative structure, including customs houses and establishments. Let's result definition(determination) of this concept given В. М. Манохиным: “ the государственно-service post —Is a part of organizational structure of a state body (organization), detached and fixed in the official documents (staffs(states), circuits of the official salaries etc. ), with the appropriate part

The competence госоргана (organization) given the person — To the civil servant with the purposes of its(her) practical realization ”(11). The truth, clarification is required, : the posts exist not only in state bodies and organizations, but also in public and cooperative associations, private(individual) and commercial enterprises, firms and т. Д. However with reference to a considered here theme the speech, certainly, can go only about state posts. The interesting definition(determination) of a post belongs Д. Н. Бахраху: “the Post is the legal description of a social item of the person engaging(borrowing) her(it). The particular(specific) persons realizing official authorities, can vary, and their role— Is not present ” (12). The term “employee”also requires(demands) some explanatories. In the widest sense of a word the employee—This person, citizen engaging(borrowing) for the payment a certain post in state organization or public association, commercial or private enterprise and тд the State customs employee—Is a kind, first, employee in a broad sense and, secondly, civil servant have some features. Taking into account, that the customs houses are referred to number law-enforcement, it is necessary to emphasize, that the rules of a reception(party) and passage in them of a service are close to what are applied in bodies of internal businesses.

Much in common from this point of view; !from the point of view of finds out in establishments both organizations of customs sphere and service in civil aircraft, on railway, marine and river transport. This generality in many respects is defined(determined) by specifity named and number of other branches, features of their character, organization of a management(manual) and management by them.

The state customs employee —Person engaging(borrowing) for compensation a post in customs houses, establishments and organizations participating in realization of customs businesses and having a definite volume (circle) of the rights and the responsibilities.

Let's consider more in detail question on classification of the customs employee. In the literature the various criteria of such classification and, accordingly, various its(her) variants are produced. Enough widespread(distributed) are the classifications serving depending on kinds of state activity; from character of labour (i. e. on a seniority of posts); from legal properties of posts (i. e. on character of service authorities). On this basis the following classification of the state customs employee can be offered.

On character of labour (seniority of posts) the customs employees can be подразделены on the chiefs, experts and technical executors. The vice-presidents, members of board ГТК concern the chairman, to the chiefs; the chiefs of regional customs offices and customs houses, customs posts; the chiefs of managements, departments, other structural divisions of customs houses, their deputies; the directors (chiefs) of the customs enterprises and organizations, educational establishments and research establishments. The chiefs of customs houses and establishments play a large role in definition(determination) perspective and present-day problems of a headed body, enterprise, establishment, organization, structural division; in a direction and coordination of their activity, selection and arrangement of the staff, acceptance of the decisions and control behind their fulfilment. The chiefs of customs houses and their deputies can have staff(state) of the employees assisting with him(it) to execute the functions according to distribution of the responsibilities. Depending on a level and place of the appropriate body in system of customs houses such staff(state) can consist of two and more employees. Conditionally it is possible to name it(him) as the device for want of management(manual). For example, the chairman ГТК has the device, into which his(its) advisers, reviewers and other categories of the employees enter.

The employees of customs houses and establishments, enterprises and organizations have maximum or average special formation(training) concern to number of the experts which perform the job, requiring(demanding) special knowledge and work skills, but are not the chiefs. The experts are of the inspector, the economists and legal advisers, reviewers, accountants of various categories, товароведы, engineers, programmers, experts.

The technical executors —Persons who are carrying out auxiliary activity: the secretaries, typist, clerks, cashiers and other employees engaged in preparation and registration of the documents, economic service, организационно-technical party of the account(record-keeping) and control, management of clerical work. Legal properties of posts, i. e. character and volume of authorities, being available at them, —One of the most important and widespread criteria of classification of the employees. The customs employees according to this criterion can be подразделены on the officials and other employee.

Let's characterize the legal status of the officials of customs houses with allowance for that, that the article " the Officials of customs houses " of the Law on a state Customs service (13) is devoted to this.

In the beginning about the concept “official”. In the legal literature there are various variants of his(its) definition(determination). Main, that is necessary to allocate for want of to characteristic of the official, —The right of this category serving (and not only state) to make legally значимые of action.

In this sense successful it is possible to recognize the following definition(determination): “ as the Officials the employees have the right to make service legal actions ”(14) refer to as. Such legal actions attract the certain legal consequences, and the serious difference of the officials from other categories of the employees is, that first can act on behalf of organization inside it(her) or вовне; first have imperous (circumspect) authorities, and second - is not present.

In opinion Б. М. Лазарева, the officials are those civil servants, which have circumspect authorities: have subordinated by him(it) on a service of the employees, have the right to issue the sertificates(acts) of managements determining behaviour of other people, or the sertificates(acts) of the administrative order by material and money resources, or carry out the control (15).

Version of the officials are the representatives(representative) of an authority. In the legislation there is no precise definition(determination) of this term. In the literature as a main attribute of the representatives(representative) of an authority the following rule(situation) is allocated: these civil servants have the right to present государственно-imperous requests (to give the instructions, the instructions(indication)) on behalf of the state and to apply measures of effect to bodies and persons who are not taking place in their submission '. Б. М. Лазарев also marks: “.... The representatives(representative) of an authority облечены by государственно-imperous authorities in relation to the persons who are not taking place at them in service submission” (16).

Let's on the basis of the stated above general(above common) reasons concerning character and features of the officials as shall proceed(pass) versions of the civil servants to the characteristic of specifity of a legal rule(situation) of the officials of customs houses, which remains open. First of all it is necessary to emphasize, that a serious print on organization and the passage of a service in customs houses and on the status of their officials imposes law-enforcement character of these bodies.

Let's consider the most characteristic features and features of the legal status of their officials. It is necessary to define(determine) the general conditions and requests presented to the officials of customs houses, in a new rule(situation) about passage of a service in customs houses. According to the customs legislation almost of all countries of the world the officials of the indicated bodies can be only citizens of country (i. e. them there cannot be foreign citizens and persons without citizenship), capable on the business and moral qualities and educational level to execute the problems, assigned to customs houses. The citizens who are not appropriate to these requests, should not be accepted in customs houses and to pass in them a service. The business qualities assume professionalism and competence of sphere first of all of customs business, detailed knowledge by the person of features of his(its) plots(sites), on which directly it is necessary to work to the official of customs house, and adjacent plots(sites), and also organizational abilities and skills necessary for fulfilment of the responsibilities and the rights of the official. To business qualities it is necessary to attribute(relate) also availability of practical experience of work, ability of the person to his(its) generalization and use. Especially business qualities again of accepted workers closely(attentively) should be studied. To number of business qualities concern as исполнительность and skill to communicate, the skill is precise and is rational to organize own work and activity of the subordinated employees, ability to unite them for the decision of problems, worth before them.

Ignoring of these requests or inattentive attitude(relation) to them, taking into account complexity and specifity of customs activity, are involved in an assumption of misses and mistakes during this activity, drawing of damage to authority of customs houses and state interests.

The moral qualities necessary for the officials fulfilment of the responsibilities, assigned to them, —Are honesty, conscientiousness, close(attentive), precise and duly реагирование on the circulations and complaints of the citizens, and also legal persons, their proper consideration and decision; mutual aid during realization of customs activity; a fidelity to the service debt both responsibilities of the employee of customs houses and establishments. Certainly, it only provisional list of requests presented to the officials of customs houses. The educational level is a necessary condition of acceptance on work of the citizen as the official of customs house and subsequent successful fulfilment by him(it) of the official duties. The request of availability of general(common) and special customs formation(training) follows from character of problems and functions executed by the officials of customs houses. In connection with complication of such problems in sphere of customs business the role of economic and legal preparation of a prevailling part of the officials is increased. The experience shows, that without it they simply cannot effectively execute the functions. The availability of special formation(training) is necessary for all categories of the officials of customs houses—From the chiefs ГТК and his(its) main leading divisions (managements and departments) up to the chiefs of regional customs offices, customs houses, their structural divisions and customs posts. It is necessary especially to emphasize importance of regular updating of knowledge and increase of an educational level for such category of the customs employee, as the experts—Economists, legal advisers, товароведы, accountants, engineers, experts, experts in customs registration.

With the purposes of improvement of professional skill and organization of retraining of the customs staff in customs system it is necessary to create constantly acting at different levels on republican and on local regional, system of training and retraining of the staff. On preparation and retraining of the officials of customs houses already enter Educational Centre of State Customs committee, into it(her) rates, the seminars are carried out(conducted). However in this area of development of customs business the large organizational and methodical work is necessary which is called essentially to help to business of formation(training) and retraining of the customs workers. In Uzbekistan it is necessary to create even two - three maximum educational establishments, which would attend to preparation of the qualified customs staff with maximum formation(training), and also the ramified network of average special customs schools, schools, colleges, which would be prepared by(with) the staff for direct work in customs houses and customs posts. It is necessary as it is necessary to introduce to rule(situation) item on ability of the person on a condition of health to execute the problems, assigned to these bodies. This condition concerns to all categories of the officials. But especially his(its) observance by that from them is important, who directly carries out customs business, is at operative work connected to moving of the goods and means of transport, customs registration and customs control, realization дознания and operative - розыскной of activity, production on businesses about infringements of the customs rules. Just in a line of business connected to customs offences (criminal, administrative etc. ), the factor of strong health of the officials, which participate in struggle with them, especially is important. Strong health—Necessary condition of availability of physical force and skills to apply her(it), and also opportunities to apply special means and fire-arms. It is necessary in detail to regulate conditions and limits of application of physical force special means and fire-arms.

The law on a State customs service provides the warranties of proper performance(fulfillment) by the officials of customs houses of the official duties. Is established(installed), that the officials of the indicated bodies for want of performance(fulfillment) of the official duties are the representatives(representative) of a state authority, and their requests are obligatory for performance(fulfillment) by all legal and natural persons (17). Thus, the officials are allocated among other categories of the customs employee. Their legal status differs by the certain specifity: as the representatives(representative) of an authority for want of performance(fulfillment) of the official duties of the officials of customs houses within the framework of the competence have the right to present государственно-imperous requests, to give

The instructions, instruction(indication) on behalf of the state and to apply measures of effect to bodies, organizations and persons who are not taking place in their submission. With reference to customs business and customs service of a category“official” and “ the representatives(representative) of an authority ”coincide, for example, the chief of a customs is not only official, but also representative(representative) of an authority.

The essential moment for the characteristic of the status of the officials is that they are under protection of the state the given essentially important rule of law is necessary for introducing as addition of article 8 of the Law " About a State customs service ".

According to the law of the officials of customs houses for want of performance(fulfillment) of the responsibilities, assigned to them, are guided by only legislation and other legal sertificates(acts) of a Republic of Uzbekistan and international agreements (18). This one of displays of a principle of legitimacy with reference to the legal status of the indicated officials.

The officials of customs houses are subject only direct and direct chiefs. It means, that the official is subject, first, direct chief and, secondly, higher direct chief. The illegal effect or interference in what that was to the form in activity of customs houses of a Republic of Uzbekistan and their officials with the purpose to affect on accepted by customs house or his(its) official the decision or realization by this official of action is not admitted and attracts the responsibility established(installed) by the legislation. Nobody has the rights to force the official of customs house to execute the responsibilities which have been not assigned to customs houses by the legislation. For want of reception of the order or instruction(indication) obviously contradicting to the legislation of a Republic of Uzbekistan, the official of customs house is obliged to be guided by rules(situations) of the legislation.

The first of the indicated rules(situations) especially is urgent. Not a secret, that there are attempts on the part of bodies of the executive authority to interfere with activity of customs houses or to influence by different ways and methods acceptance of the decisions by their officials. These attempts are illegal: the customs houses are characterized by strictly vertical subordination; they are not subordinated to any bodies of the executive authority.

Infortunately, facts of illegal effect sometimes take place on the part of higher customs houses and their officials on acceptance of the decisions нижестоящими by bodies. It damages to authority first and seriously complicates activity second.

Let's mention one more instruction, which is necessary for fixing in the law. The speech goes that creation and activity of political consignments and other public associations pursuing the political purposes, are not admitted in customs houses. The officials of these bodies in the service activity are not connected by the decisions of political consignments and other public associations pursuing the political purposes.

The legislation establishes(installed) the certain restrictions concerning employment(occupation) of the officials of customs houses by some other kinds of activity. These persons have not the right to attend to enterprise activity, including through the intermediaries; to be the attorneys at the third persons on customs questions; to execute any paid work on conditions совместительства, except scientific, teaching and creative; to execute the works, connected to customs business, on the agreements of civil-law character; to render with use of the service rule(situation) what that there was not stipulated the legislation of a Republic of Uzbekistan an assistance to the persons and to receive for this compensation, service and privilege; independently or through the representative(representative) to participate in management of the managing subjects; to organize strikes and to participate in their realization. The opportunity of application by them of physical force special of means and fire-arms concerns to number of the warranties of proper performance(fulfillment) by the officials of customs houses of the official duties. In a new rule(situation) it is necessary to provide cases and order, which for want of officials of customs houses have the right to apply physical force special of a means and fire-arms.

If to consider the Customs Code of Russian Federation that, In it(him) is stated, that the officials of customs houses do not bear the responsibility for moral, natural and property вред, caused to the offender by application in stipulated ТК cases of physical force special of means and fire-arms, if caused вред is proportionate force of rendered counteraction. In the indicated articles the conditions and rules of application by the officials of physical force special means and fire-arms are regulated. For want of their application the official is obliged: to warn about intention of application, by granting for want of it the time for fulfilment of the requests suffices, unless the delay in application of physical force special means and fire-arms creates direct danger of his(its) life and health, can entail other heavy consequences, and also for want of sudden or armed attack, attack with use of battle(dashing) engineering and means of transport or for want of other circumstances, when such prevention(warning) in created conditions is inappropriate or impossible; to supply(ensure) to the persons who have received corporal damages, granting доврачебной of the help and immediately to notify about проис-шедшем of the chief of customs house РУз or person, his(its) replacing; To aspire depending on character both degree of danger of an offence and persons, his(its) made, and also force of rendered counteraction by, that any damage caused for want of removal(elimination) to danger, was minimum.

The chief of customs house or person, his(its) replacing, are obliged immediately to notify the public prosecutor on all cases of death or causing of heavy corporal damages.

The officials of customs houses are obliged to pass special preparation, and also periodic check on suitability to actions in conditions connected to application of physical force, special means and fire-arms. The officials of customs houses have the right to apply physical force to suppression of offences, detention of the persons, their made, overcoming of resistance, suppression of disobedience to the legal orders and requests, воспрепятствования to access in premises(rooms), on territory, to the goods and means of transport which are taking place under the customs control, other actions interfering fulfilment of the responsibilities, assigned on these officials, , if the unviolent methods do not provide fulfilment of these responsibilities.

The officials of customs houses have the right to apply наручники, rubber палки, watering substances, system(device) to opening premises(rooms), means for a compulsory stop of the transport, other special means in the following cases:

1) For reflection of an attack on the workers of customs houses or other persons;

2) For reflection of an attack on buildings, structure, structure and means of transport belonging to customs houses or used by them, on the goods and means of transport which are taking place under the customs control, and is equal for clearing the named objects in a case from grab;

3) For detention of the offenders, them доставления in office accomodation of customs house, if these persons render disobedience, resistance, other counteraction or can cause вред environmental or;

For suppression of customs house, rendered to the official, of physical resistance;

5) For a stop of the means of transport, which driver has defaulted a request of the official of customs house to stay;

6) In other cases deliberate воспрепятствования to realization assigned on the official of customs house of the responsibilities.

It is forbidden to apply special means concerning the women with seen attributes of pregnancy, persons with obvious attributes of physical inability and малолетних, except cases of rendering by them of the armed resistance, fulfilment of group or other attack menancing of life and health of the people, safety of the goods and means of transport which are taking place under the customs control.

In a condition of a necessary defense or emergency the official of customs house for want of special means has the right to apply fire-arms or to use any improvised means.

The complete list of special means used in customs houses, is defined(determined) by a Study of the Ministers.

For want of performance(fulfillment) of the official duties the separate categories of the officials of customs houses determined ГТК, are allocated with the right ношения, storage of fire-arms and use by him(it) (20).

The list of kinds of fire-arms and ammunition to it(him), used in customs houses, is defined(determined) by a Study of the Ministers. The separate categories of the officials of customs houses have the right to apply the fire weapon as an extreme measure in the following cases: 1) For reflection of an attack on the workers of customs houses, when their life or health the dangers are exposed;

2) For suppression of attempt завладения by fire-arms of the officials of customs houses. Attempt of the person detained by the official of customs house to come nearer to fire-arms by reduction of distance, indicated by this official, or to touch such weapon is considered as attempt завладения by this weapon;

3) For reflection of the group or armed attack on buildings, structure, structure and means of transport belonging to customs houses or used by them, on the goods and means of transport which are taking place under the customs control;

4) For detention of the person rendering armed resistance, and also armed person refusing to execute a legitimate claim about delivery of the weapon. Besides the fire-arms can be used by the officials of customs houses in the following cases:

1) For a stop of means of transport by their damage, if the driver creates real danger of life and health of the workers of customs houses and is not subject to their numerous requests to stay;

2) For neutralization of animals menancing of life and health of the workers of customs houses;

3) To the prevention(warning) of intention to apply fire-arms, submission of a signal of an alarm or call of the help.

It is forbidden to apply fire-arms concerning the women, persons with obvious attributes of physical inability and minors, except cases of rendering by them of the armed resistance, fulfilment armed, group or other attack menancing of life and health of the workers of customs houses, and also for want of significant congestion of the people, when from it the extraneous persons can suffer.

About each case of application of fire-arms the official of customs house is obliged immediately in writing to report to the chief of customs house or person, his(its) replacing, which inform on it to the public prosecutor within 24 hours from the moment of application of fire-arms.

The rule(situation) provides rules of a reception(party) of the citizens on work in customs houses as the officials of these bodies on a contract basis (21). To the officials of customs houses the special ranks (22) are appropriated(given). These ranks and order of their assignment are established by the President of a Republic of Uzbekistan. The assignment of special ranks serves one of the forms of certification of the officials of customs houses. On the basis of the named Rule(situation) to the officials of customs houses and organizations the following special ranks appropriate to posts are appropriated(given): а) junior начальствующий structure— Foreman of a customs service; б) average начальствующий structure —Junior лейтенант of a customs service, лейтенант of a customs service, grown-up лейтенант of a customs service, captain of a customs service; в) Senior начальствующий structure —Майор of a customs service, lieutenant colonel of a customs service, colonel of a customs service; г) maximum начальствующий structure—General - майор of a customs service, general - лейтенант of a customs service, general - colonel of a customs service;

The special ranks to the officials of customs houses Р Уз are appropriated(given) for want of availability of positive certification with allowance for of taken post, formation(training) and experience of work in these bodies. And the ranks, appropriate to a new post, are appropriated(given), as a rule, on a hurdle rate.

The special ranks of customs houses up to the colonel of a customs service are inclusive appropriated(given) by the Chairman ГТК, special ranks начальствующего of structure from the general - майора of a customs service up to the general - colonel of a customs service - President of a Republic of Uzbekistan on presentation of the Chairman ГТК.

The assignment of special ranks to the officials of customs houses РУз is carried out in the consecutive order on expiration of the established(installed) term of a long service according to a taken post and for want of availability of positive certification.

The assignment of special ranks without observance of a sequence is stipulated also. This right is given to the chairman ГТК, which has the right for the special differences for want of fulfilment of the service debt to appropriate(give) the next special rank before the expiration of the established(installed) term of a long service without observance of sequence, but no more than on two ranks above that, in which it(he) consist up to выдвижения. To the persons, перешедшим on work in customs houses, and also in organization, subordinated ГТК, from numbers of the Armed Forces, law-enforcement bodies, other organizations and establishments special of a rank are appropriated(given) with allowance for earlier posts, taken by them, which are being available of military ranks or class grades. For the officials of customs houses is established ношение of a uniform (23). The form of clothes is defined(determined) a Study of the Ministers РУз, and rule her(it) ношения— ГТК. The uniform is issued free of charge.

    2. 4. Certification of the officials of customs houses

The certification of the officials of customs houses is one of methods of valuation and revealing of service conformity of the customs staff growing professional and moral - ethical to requests. The conditions and procedure of certification are adjusted by a Rule(situation) about the order of certification of the officials of customs houses of a Republic of Uzbekistan. The certification of the officials of customs houses is carried out(conducted) with the purposes of perfection of activity of these bodies, improvement of selection, arrangement and education of the staff, valuation of their work, stimulation of qualification and increase of the responsibility for protection of state interests of a Republic of Uzbekistan.

For want of certifications are evaluated qualification, competence, serviceability, conscientiousness of the employees, level of their culture, moral - moral qualities, ability to execute the service responsibilities in customs system. By results of this valuation the conclusions about their conformity to a taken post are done(made).

The certification is carried out(conducted) in all customs houses, switching on ГТК, Managements ГТК on Republic Каракапакстан, areas, customs laboratories, and also educational establishments.

The certifications are subject the officials of customs houses. The certification of the persons of the managers of the nomenclature ГТК is carried out(conducted) by a commission of Committee with allowance for opinions of customs house.

Management(manual) of certification, control behind organization of work on its(her) realization in customs houses are carried out by Management of the staff ГТК of Republic.

Аттестационная the commission considers also questions of assignment of personal ranks. The certification of the officials of customs houses is carried out(conducted) once in _ of a year without dependence from terms of assignment of personal ranks. The specific dates, and also schedule of realization of certification affirm by the chief of the appropriate customs house and to to to to to to to to to to to to next certification is not included the officials studying in a taken post less of one year, young experts, pregnant women. The women who are taking place in leave on a leaving(maintenance, le) behind a child, are included in the next certification not earlier than in one year after an output(exit) them on work.

For want of выдвижении of the officials on a higher post, and also in case of decrease(reduction) of workmanship of the functional responsibilities or assumption of essential defects for want of their performance(fulfillment) the certification can be conducted ahead of schedule.

For realization of certification ГТК and other customs houses affirm аттестационные of a commission in structure of the chairman, secretary and members of a commission from number of the most experimental(experienced), authoritative workers and representatives(representative) of trade-union organization.

Аттестационная the commission is a constantly acting body and builds the activity according to the annual plan confirmed by the first deputy or the vice-president ГТК, chief (deputy of the chief) other customs house. The certification of the officials of the managers quoted on a post by the orders ГТК, is carried out(conducted) by a commission headed by the first vice-president ГТК. The certification of the officials quoted by the order of other customs houses, is carried out(conducted) by a commission headed by the chief or the deputy of the chief of the appropriate customs house. The personal structure of a commission affirms by the order of the chief of a customs. The realization of certification is preceded by(with) necessary preparatory work. On each worker who is being a subject to certification, not later than two weeks prior to the beginning certification it is represented аттестационный a sheet, which component is the characteristic prepared by the direct chief аттестуемого. The characteristic should contain valuation of individual qualities of the worker. For want of subsequent certifications in a commission it is represented also аттестационный a sheet of the previous certification. Аттестуемый the worker should be beforehand, not less than two weeks prior to certification, is acquainted with submitted on him(it) аттестационным by a sheet. In case of disagreement аттестуемого with valuation of his(its) business and moral qualities they can be submitted in a commission the motivated objections.

The certification is carried out(conducted) at the presence of the chief of structural division, in which works аттестуемый, or person, it(him) заменяющего. Аттестационная the commission hears the message аттестуемого of his(its) work and considers the submitted documents. The discussion of the attitude(relation) to the responsibilities and personal qualities аттестуемого should pass in conditions of insistence, принципиальности, objectivity and goodwill. For want of to absence of the worker on meeting аттестационной of a commission without valid excuse commission can conduct certification in his(its) absence. The fact of absence for the disrespectful reason of the employee of customs house on meeting аттестационной of a commission should be confirmed by the appropriate document.

On the basis of comprehensive objective consideration of business and moral qualities of the worker, his(its) attitude(relation) to fulfilment of the official duties аттестационная the commission gives one of the following valuations of his(its) activity: а) deserves выдвижения on a higher post; б) corresponds(meets) to a taken post; в) corresponds(meets) to a taken post under condition of improvement of work and fulfilment of the recommendations of a commission with possible(probable) repeated certification through 6 months or year;

г) Does not correspond(meet) to a taken post (with the instruction(indication) of the basis of discrepancy).

Аттестационная the commission by results of certification can introduce the recommendations about encouragement of the separate workers for the successes, achieved by them, about change of the official salaries within the limits of minimum and maximum sizes on the appropriate post, about establishment, change or cancellation of the extra charges to the official salaries, about inclusion to a reserve on выдвижение, about downturn in a post, and also to state the offers on increase of business qualification, improvement of service activity аттестуемых of the persons (with the instruction(indication) of motives, on which the appropriate recommendations and offers) are given. Valuation of activity of the worker and the recommendations of a commission are accepted by open voting in absence аттестуемого. Certification and voting are carried out(conducted) for want of availability not less than 2/3 numbers of the members of the authorized structure аттестационной of a commission. The results of voting are defined(determined) by the majority of votes from number of the present members of a commission. For want of equality of quantity(amount) of votes аттестуемый the worker is recognized appropriate to a taken post. For want of certifications of the worker being the member аттестационной of a commission, аттестуемый in voting does not participate. The results of certification are informed to the worker at once after voting. The results of certification (valuation and recommendations) are brought in аттестационный a sheet, which is made in one copy and is signed by the chairman, secretary and members аттестационной of the commission which has taken part in voting.

Аттестационный a sheet and other documents on the worker, past certification, are stored(kept) in his(its) private affair.

The results of certification with conclusions and offers are informed in ГТК in week term after realization of certification of the workers of customs house. On results of certification the order on customs house is issued, in which the decision on material or moral encouragement of the separate workers for the successes, achieved by them, application of the official salaries is reflected accepted by the appropriate chief with allowance for of valuations and recommendations аттестационной of a commission and for want of observance of the current legislation within the limits of minimum and maximum sizes on the appropriate post, establishment, change or cancellation of the extra charges to the official salaries, direction on increase of business qualification, increase or downturn in a post, about clearing of a taken post of the worker recognized not appropriate taken post by results of certification, not appropriate to a taken post, of the certificated persons to being available defects in performance(fulfillment) by them of the official duties. The indicated decisions are accepted in time no more than two months from the date of certification of the worker. On expiration of the indicated term downturn of the official salary, reduction or cancellation of the extra charges to it(him), transfer(translation) on $below(lower) a paid post, the clearing of the worker of a post by results of the given certification is not admitted. The time of illness of the worker in bi-monthly term is not set off. The clearing of a taken post of the worker recognized by results of certification not appropriate taken post, is made on the basis stipulated item _ an item __ of the Labour Code of a Republic of Uzbekistan (found out discrepancy of the worker a taken post or a work on hand owing to unsufficient qualification or a condition of health, interfering to continuation of the given work). The labour disputes connected to clearing of a post of the workers, recognized by results of certification not appropriate to a taken post, are considered according to the current legislation about the order of consideration of labour disputes.

Страницы: 1, 2, 3, 4, 5