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2007 Assessment

Armenia: Integrity Indicators Scorecard

Armenia: Integrity Scorecard Report > Sub-Category: Civil Service Regulations
Indicators		Score
41	Are there national regulations for the civil service encompassing, at least, the managerial and professional staff?	50
42	Is the law governing the administration and civil service effective?	42
43	Are there regulations addressing conflicts of interest for civil servants?	17
44	Can citizens access the asset disclosure records of senior civil servants?	0

Indicator and sub-Indicator Details

Are there national regulations for the civil service encompassing, at least, the managerial and professional staff?

41a: In law, there are regulations requiring an impartial, independent and fairly managed civil service.

Score:

YES

Comments: There is need to develop a code of conduct for civil servants. Exemplary legislation was adopted by Ethics Commission, which was confirmed by Civil Council. The state entities are free to establish Commissions on Ethics. During 2006-07 the Commissions on Ethics were active only with three Ministries: Ministry of Education and Science, Ministry of Health Care and Ministry of Social Welfare. Presently, a Commission on Ethics is active only in the Ministry of Social Welfare.

References: The Civil Service Reforms www.arlis.am

41b: In law, there are regulations to prevent nepotism, cronyism, and patronage within the civil service.

Score:

YES

Comments: Despite the Civil Service Reforms, nepotism and patronage are still widespread within all spheres of civil service in Armenia.

References: The Armenian Civil Service Reforms www.arlis.am

41c: In law, there is an independent redress mechanism for the civil service.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there is a mechanism to which civil servants and applicants for the civil service can take grievances regarding civil service management actions. Civil servants are able to appeal the mechanism\'s decisions to the judiciary. NO: A NO score is earned if no such mechanism exists.$

Comments:

References: There is no such kind of mechanism.

41d: In law, civil servants convicted of corruption are prohibited from future government employment.

Score:

YES

Comments: There are no rules or requirements existing on this issue. Moreover, cases rarely are met when a civil servant convicted of corruption changes his current employment for another, yet higher post in the government structure.

References: There are no regulations.

Is the law governing the administration and civil service effective?

42a: In practice, civil servants are protected from political interference.

Score:

100

Comments:

References: Interview with Ashot Sarkhosyan,, shief specialist of the Ministry of Trade and Economic Development of the Republic of Armenia (August 3, 2007) Media reports

42b: In practice, civil servants are appointed and evaluated according to professional criteria.

Score:

100

Comments:

References: The Law on Civil Service of the Republic of Armenia www.arlis.am Interviews with Vache Kalashyan, president of the Union of Civil Servants, member of Governance Reforms of the Republic of Armenia, and Naira Jeyranyan, senior specialist of the State Agency of Intellectual Property at Ministry of Trade of Republic of Armenia (August 3, 2007) Monitoring of Civil Servants Competition and Evaluation in the Republic of Armenia, Yerevan , 2007 "The Civil Servants Union"

42c: In practice, civil service management actions (e.g. hiring, firing, promotions) are not based on nepotism, cronyism, or patronage.

Score:

100

Comments: Nepotism, cronyism and patronage are still high in hiring, promotion and firing procedures of civil servants. Most of high ranking civil service actions (hiring, firing and promotion) are mainly based on nepotism, cronyism, and patronage. For instance, recently for the post of the director of the Guymri Musical School the 22 year-old daughter of Vardan Gukhasyan (the Head of the Gyumri Municipality) was appointed without any experience in the field. However, according to the Law on Civil Service, the Board of Civil Services is responsible for hiring, dismissal and promotion of civil servants.

References: Interview with Naira Jeyranyan, senior specialist of the State Agency of Intellectual Property at Ministry of Trade of Republic of Armenia (August 3, 2007, at his office)

42d: In practice, civil servants have clear job descriptions.

Score:

100

$Scoring Criteria :: 100 Score Criteria: Civil servants almost always have formal job descriptions establishing levels of seniority, assigned functions, and compensation. Job descriptions are a reliable means to map positions to both human capital requirements (including the position\'s authority and responsibilities) and base pay. 50 Score Criteria: Civil servants often have formal job descriptions, but exceptions exist. Some civil servants may not be part of the formal assignment of duties and compensations. Some job descriptions may not map clearly to pay or responsibilities in some cases. 0 Score Criteria: Civil servants do not have formal roles or job descriptions. If they do, such job descriptions have little or nothing to do with the position\'s responsibilities, authority, or pay.$

Comments: According to the Law on Civil Service, all vacancies have to be furnished with job descriptions. However, in practice, civil servants have formal job descriptions and sometimes these job descriptions don't outlines clear responsibilities and duties. Many job descriptions have not been updated for years.

References: Interviews with Vache Kalashyan, president of the Union of Civil Servants, member of Governance Reforms of the Republic of Armenia, and Naira Jeyranyan, senior specialist of the State Agency of Intellectual Property at the Ministry of Trade of Republic of Armenia (August 3, 2007)

42e: In practice, civil servant bonuses constitute only a small faction of total pay.

Score:

100

$Scoring Criteria :: 100 Score Criteria: Civil servant bonuses constitute no more than 10% of total pay and do not represent a major element of take-home pay. 50 Score Criteria: Civil servant bonuses are generally a small percentage of total take-home pay for most civil servants though exceptions exist where some civil servants\' bonuses represent a significant part of total pay. 0 Score Criteria: Most civil servants receive bonuses that represent a significant amount of total take-home pay. In some cases bonuses represent the majority of total pay to civil servants.$

Comments:

Peer Review Comments: I agree because I don't have any other information. However, I am not satisfied with the amount of information provided by the reporter.

42f: In practice, the government publishes the number of authorized civil service positions along with the number of positions actually filled.

Score:

100

Comments: The government publishes the list of the number of authorized civil servant positions and provides Internet links on this. However, only four to five percent of the population has access to the Internet and there is a very small number of published lists on civil servant positions.

42g: In practice, the independent redress mechanism for the civil service is effective.

Score:

100

Comments:

References: Interview with Naira Jeyranyan, senior specialist of the State Agency of Intellectual Property at the Ministry of Trade of Republic of Armenia (August 3, 2007, at his office)

42h: In practice, in the past year, the government has paid civil servants on time.

Score:

100

Comments:

42i: In practice, civil servants convicted of corruption are prohibited from future government employment.

Score:

100

Comments: In some cases the court can prohibit the civil servant accused of corruption to work in governmental structures, but it happens very rarely.

Are there regulations addressing conflicts of interest for civil servants?

43a: In law, there are requirements for civil servants to recuse themselves from policy decisions where their personal interests may be affected.

Score:

YES

Comments:

References: There is no requirement or law for this case

43b: In law, there are restrictions for civil servants entering the private sector after leaving the government.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there are regulations restricting civil servants\' ability to take positions in the private sector after leaving government that would present a conflict of interest, including positions that directly seek to influence their former government colleagues. NO: A NO score is earned if no such restrictions exist.$

Comments: Moreover, a lot of civil servants have their own business (which was often registrated on the name of wife or some other relative). They use their position as civil servant to patronize their business, avoid paying taxes or reduce the taxes.

References: There are no such restrictions.

43c: In law, there are regulations governing gifts and hospitality offered to civil servants.

Score:

YES

Comments:

References: The Criminal Code of the Republic of Armenia, Article, 311, Point 15 www.arlis.am

43d: In practice, the regulations restricting post-government private sector employment for civil servants are effective.

Score:

100

Comments:

References: Ther are no such kind of regulations. Interview with Vache Kalashyan, president of the Union of Civil Servants, member of Governance Reforms of the Republic of Armenia

43e: In practice, the regulations governing gifts and hospitality offered to civil servants are effective.

Score:

100

Comments: The regulations governing gifts and hospitality offered to civil servants are not effective because of the mentality and widespread habits of civil servants.

References: Interview with Vache Kalashyan, president of the Union of Civil Servants, member of Governance Reforms of the Republic of Armenia

43f: In practice, the requirements for civil service recusal from policy decisions affecting personal interests are effective.

Score:

100

Comments: There are no such kind of requirements.

References: Interview with Vache Kalashyan, president of the Union of Civil Servants, member of Governance Reforms of the Republic of Armenia

Can citizens access the asset disclosure records of senior civil servants?

44a: In law, citizens can access the asset disclosure records of senior civil servants.

Score:

YES

Comments: Only the ministers are required to submit asset-disclosure records to the Tax Committee.

References: There no regulations on this case. Naira Jeyranyan, senior specialist of the State Agency of Intellectual Property at the Ministry of Trade of Republic of Armenia

Peer Review Comments: The Freedom of information law should guarantee this, in theory.

44b: In practice, citizens can access the asset disclosure records of senior civil servants within a reasonable time period.

Score:

100

Comments: There is a theoretical possibility for common citizens to access the asset-disclosure records guaranteed by the Law on Freedom of Information, however this never happens in practice. Moreover, Tax Committee authorities, without special permission from supreme governing bodies or the police department, never allow anyone to access the records of senior civil servants.

References: Naira Jeyranyan, senior specialist of the State Agency of Intellectual Property at the Ministry of Trade of Republic of Armenia (August 3, 2007, at his office)

44c: In practice, citizens can access the asset disclosure records of senior civil servants at a reasonable cost.

Score:

100

Comments: There is no possibility to access the asset-disclosure records of civil servants for citizens and it is natural that there is not any cost for this.

References: Naira Jeyranyan, senior specialist of the State Agency of Intellectual Property at the Ministry of Trade of Republic of Armenia (August 3, 2007, at his office)