Military ID submitted a year after appointment: is it possible to recalculate civil service experience

Civil service experience directly affects a number of personnel and social guarantees for civil servants. That is why the issue of its correct calculation and the possibility of recalculation after appointment regularly arises in practice.

"Judicial and Legal Newspaper" reviewed explanations regarding the most common questions about civil service according to the Law of Ukraine "On Civil Service", in particular regarding the situation when a military ID and other documents were submitted only a year after appointment to the position.

Is it possible to recalculate civil service experience after submitting a military ID

According to Article 46 of the Law of Ukraine dated December 10, 2015 No. 889-VIII "On Civil Service", civil service experience is calculated in accordance with this Law and the Procedure for calculating civil service experience, approved by the Cabinet of Ministers of Ukraine Resolution dated March 25, 2016 No. 229.

Procedure No. 229 defines that documents for establishing civil service experience are:

• employment record book;
• copy of service record;
• military ID;
• other documents that according to legislation confirm work experience, including certificates, extracts from orders, as well as data from the register of insured persons of the State Register of Compulsory State Social Insurance.

At the same time, paragraph 8 of section XI "Final and transitional provisions" of Law No. 889-VIII establishes that civil service experience for periods of work (service) before the entry into force of this Law is calculated according to the rules that were in effect at that time.

How civil service experience before 2016 is taken into account

Before the entry into force of Law No. 889-VIII, civil service experience was determined according to the Procedure for calculating civil service experience, approved by the Cabinet of Ministers of Ukraine Resolution dated May 3, 1994 No. 283.

Paragraph 4 of this Procedure also provided that confirmation of experience is the employment record book and other documents that according to legislation confirm work experience.

Thus, a military ID together with other supporting documents may be sufficient grounds for recalculating civil service experience even if such documents were submitted after the person was appointed to the position.

What documents does a civil servant submit during martial law

Special attention is paid to the peculiarities of appointment to civil service under martial law conditions.

Part five of Article 10 of the Law of Ukraine "On the Legal Regime of Martial Law" provides that during the period of martial law, persons are appointed to civil service positions, positions in local self-government bodies, as well as to positions of heads of state sector enterprises, communal enterprises, institutions, and organizations without conducting a competitive selection.

Such appointment is made by the head of the civil service or another appointing authority based on:

• candidate's application;
• completed personal card of the established form;
• documents confirming Ukrainian citizenship;
• education documents;
• documents confirming work experience according to the requirements of legislation for the respective position;
• if available — declaration of the person authorized to perform state or local self-government functions for the previous year, contained in the Unified State Register of Declarations.

Personal card of a civil servant: what you need to know

When appointed to a position, a civil servant must submit all documents provided for by part five of Article 10 of the Law of Ukraine "On the Legal Regime of Martial Law".

One of these documents is the personal card of the civil servant.

The form of the personal card was approved by the order of the National Agency of Ukraine for Civil Service dated May 19, 2020 No. 77-20, which was registered with the Ministry of Justice of Ukraine on May 25, 2020 under No. 461/34744.

According to the third paragraph of point 2 of this order, the information specified in points 1–10 of the personal card is filled out by the civil servant independently.

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