How Civil Servants of NADR Can Appeal Violations of Their Rights: New Procedure Approved
The National Agency of Ukraine for Civil Service has approved the Procedure for Handling Complaints of Civil Servants of the Agency's Apparatus. The document defines the procedure for submitting, reviewing, and resolving complaints in case of violations of civil servants' rights or the emergence of obstacles in exercising these rights.
When a civil servant can file a complaint
According to the approved procedure, a civil servant of the NACS apparatus has the right to submit a complaint to the Head of NACS or the person performing his duties within one month from the day he learned or should have learned about the violation of his rights or the creation of obstacles to their exercise.
What information must be specified in the complaint
The complaint must specify the applicant's data, the circumstances of the rights violation, the structural unit or official whose actions or inactions, in the applicant's opinion, led to the violation of rights, as well as the demand for their restoration or removal of obstacles. If available, copies of decisions and other documents confirming the stated circumstances may be attached.
The civil servant may also request the creation of a special commission to verify the facts stated in the complaint. In this case, this must be separately indicated in the text of the appeal.
How complaints will be submitted and registered in NACS
The complaint is submitted in writing personally or sent by registered mail with an inventory of the enclosure. At the same time, the document does not require approval, endorsement, or informing the immediate supervisor or other officials.
The organization of work with complaints will be ensured by the NACS Personnel Department. Registration of appeals will be carried out in accordance with the Agency's Records Management Instructions, and the review period will start from the date of complaint registration.
How the commission for fact-checking will be formed
In case of a request to create a commission, the head of the civil service forms it by NACS order. The commission will consist of at least three persons. Among them are representatives of the civil servant, appointed by him from among the NACS apparatus employees, as well as representatives of the trade union or representatives of civil servants elected at the general meeting.
At the same time, employees directly subordinate to the applicant or persons whose actions or inactions are being appealed cannot be included in the commission.
What the commission's conclusion will contain
Based on the verification results, the commission will prepare a conclusion indicating whether the facts of violation of the civil servant's rights or the creation of obstacles to their exercise were confirmed.
If such violations are established, the conclusion must provide appropriate justifications with references to legislation and recommendations for restoring violated rights or removing obstacles.
The commission's conclusion will be advisory and considered by the head of the civil service when making a decision on the complaint.
Within what timeframe NACS must respond to the complaint
According to the document, the head of the civil service is obliged to provide the civil servant with a reasoned written response no later than 20 calendar days from the date of receipt of the complaint.
If violations of rights or obstacles to their exercise are established, the head must promptly take measures to eliminate them.
Is it possible to appeal the decision of the head of the civil service
The procedure also reminds that if a reasoned response is not received within the established timeframe or there is disagreement with the decision of the head of the civil service, the civil servant has the right to file a complaint with the court.
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