How the Legal Framework of the Civil Service Sector was Strengthened

The Civil Service Legislation and Policies Directorate is responsible for drafting the legislative and legal documents of the civil service sector, through which the rights, privileges, immunities, and confirmation of rewards and punishments of civil servants, as well as delivery of services to citizens, are facilitated.

The civil service sector of the country was regulated as various laws, procedures and regulations came in to effect such as the Civil Service Law in 2005, Procedure on Civil Servants Code of Conduct in 2006, Civil Servants Law, Regulation on Formulation of Civil Service Grades, Regulation on Civil Servants Personal Affairs, and Regulation on Civil Servants Retirement Rights in 2008. However, the legal framework of civil service sector still needed to be completed and strengthened in line with changes and needs. The Civil Service Legislation and Policies Directorate, to develop and complete the legal framework of the civil service sector, has compiled and formulated, and sometimes amended, tens of laws, regulations, and procedures in accordance with the needs.

In addition to formulating and compiling tens of legislative documents, one of the main responsibilities of this directorate during this year has been to formulate the draft of the “Law on the Basic Structure of the Government”. This directorate has conducted research on the matter, as a result of which the draft of the Law on the Basic Structure of the Government has been prepared. Masoud ur Rahman Rahmani, head of policies and laws development department says that after consultations on the initial draft of this law, its final draft is being prepared now. According to him, the formulation of this law helps filling the legal gap regarding the structure and responsibilities of the government in the legal system of the country, and the provisions of this law will regulate the basic structure and responsibilities of the government, ensure the stability of the government’s basic structure and keeping it in line with the changes and needs of the time, differentiate between responsibilities of the government’s three branches, regulate departments’ activities and generalize principles of good governance at the central and local administrations level.

During this year, to eliminate the obstacles and challenges facing the civil servants complaints handling process, this directorate amended the Article 28 of the Civil Servants Law, and submitted it to the Legislative Committee of the Cabinet for approval. In addition, this directorate has also amended the regulation on Civil Servants Code of Conduct, adding provisions on the prohibition of harassment of women in the workplace to this regulation.

Also, another fundamental work of this directorate was proposing the plan for creation of regulations for cadres in the civil service sector, according to which, 15 regulations for cadres will be prepared. The directorate finalizes three regulations for cadres in the civil service sector every year, so far six regulations for cadres have been finalized, and the rest will be finalized and implemented by 2026. The regulations for customs cadres, procurement cadres, human resources cadres, audit cadres, financial management cadres and aviation cadres have been finalized so far.

Among other activities of this directorate is formulation and submission for approval of the following: the regulation on recruitment and personal affairs of category A civil servants, the regulation on HRMIS, and the regulation on drafting and processing the organizational structure.

In addition, this directorate has also created and processed more than 20 procedures during this year which are applicable in the ministries and departments.

In addition, this directorate has provided 2,700 written legal advice to ministries and government departments over the past four years to clarify the provisions of the laws related to the civil service sector, of these, 410 were provided during this year. Also, 20 ministries and government agencies have been monitored for the implementation of legal documents related to civil service sector, and if there were any violations, corrective measures have been initiated to eliminate them.

The Civil Service Legislation and Policies Directorate has three departments, including the Law and Policy Development Department, the Legal Advice Department, and the Legal Documents Monitoring Department. By preparing and drafting dozens of legislative documents, this directorate has strengthened the legal framework of the civil service sector and taken firm steps towards creating a transparent administration free of interferences, as a result of which, an open competitive system for the recruitment of qualified professionals has been created. The abovementioned legal documents have been made available on the website of the IARCSC and for better implementation of the legal documents in ministries and government agencies a legal portal has also been created on the IARCSC website.