1. Georgian Development Research Institute
Public Service Concept
Levan Isoria, Paata Turava
April 23, 2012

2. Elements of the Concept
Georgian
Classical Modern
Public
model model
Service

3. State Service
State political service
Public service
Obligatory military/alternative civil service
Public/legal duties exercised by private
entities

4. Public service is not exercised by:
• The persons engaged in state political services
• The persons engaged in obligatory
military/alternative civil service
• Private entities who exercise public legal
duties (functional interpretation of
administrative organs)

5. State Political Service
• President of Georgia
• Members of the Georgian Parliament
• Head/members of Georgian Government
• Members of the high representative organs of
Abkhazia and Ajara autonomous republics
• Chairmen and members of Abkhazia and Ajara
autonomous republics’ highest executive organs
• Members of the local self governance
representative organs

6. Public Service
• Employment through appointing or electing to
the budgetary paid position for performing
public duties.

7. The frames of regulating the Law on Public
Service
• The activities of the civil representatives of the
executive authorities.
• The activities of the executers of
administrative functions of the legislative
authorities, the representatives of the top
level bodies of the autonomous republics and
of local self governance bodies.

8. The following bodies’ activities are regulated by the law
on public service as well as appendixes of specific
legislation
• Law enforcement bodies
• Militaries on contract basis
• Diplomatic Corps
• Chamber of Control
• Election Commission
• Taxation and Customs offices

9. The following bodies are functioning according
to special legislation as well as by some articles
of the law on public service
• Courts
• Independent regulatory bodies
• National Bank
• Public defender/ombudsman

10. Only following Public Law legal entities perform the public
services
• Public legal corporations
• Public legal institutions
• Public legal funds

11. The territorial Public Law Corporation
based on membership
• Is separated (as organization) from the state
and represents a self governing unit
• Executes state legal duties
• It is subordinated to the legislation and state
supervision

12. Public Legal Institution
• The aim for creating the public legal
institutions is to provide services
• Through the public institution format it is
possible to create public broadcaster,
universities, vocational and secondary schools,
service agencies and so on

13. Public Legal Funds
• Serves to reach the aims determined by the
founders through its property
• Protecting certain spheres of social and
cultural life as well as protecting interests of
certain groups of the society
• Libraries, cultural monuments as well as
patients with chronicle diseases or mental and
physical disability - people who need special
care.

14. Public Service
Hired, full
Public time
servant/Clerk employee
Hired, part time
employee

15. Public Service within the Contractual Frames
• Hired, full time employee: a full time staff
member is to fulfill the major aims of the
institution. Performs public legal duties for the
reason of meeting the needs of this institution.
• Hired, part time employee: is a hired person for
the needs of fulfilling goals and functions of the
institution and is granted with certain rights for
performing public legal duties. No public legal
rights are granted to him/her.

16. Criteria for distinguishing between a part time public
servant/clerk and a hired, full time employee
Public servant/clerk Hired, full time employee
Public (administrative) law Private labor law
Appointment - individual administrative Labor contract
act
Legal grounds Individual or collective contract
Principle of career In compliance with his/her activities
Disciplinary responsibility, termination Termination of the contract
according to the law
Principle of alimentation Accordance to the performance
Special social protection General means

17. Public servant/clerk Hired, full time employee
Ban on strikes The right to strike
Administrative dispute Private law dispute

18. Public servant/clerk
Professional Public
servant/clerk
Political Public
servant/clerk
Voluntary Public
servant/clerk

19. Professional public servant/clerk
• A person who performs his/her professional
activities and duties full time and receives for
this appropriate salary and guarantees.

20. Political public servant/clerk
• A person who occupies such position where
he/she performs activities according to the
political views and goals of the government.

21. Voluntary public servant/clerk
• A person who performs his/her public duties
not as his major professional duties but in
parallel to his/her professional activates
without receiving additional salary.

22. Classification of the public
servant/clerk
• public servant/clerk in state service
• public servant/clerk in the local self
governance service
• public servant/clerk in the service of other
public legal entity

23. The main principles of the professional
public servant/clerk
• Legal relations between the public
servant/clerk and the employer
• Lifelong appointment
• The loyalty commitment
• Employers’ commitments for appropriate
protection
• Neutrality from the political parties

24. • Principles of the career
• The right to hold appropriate rank
• Right for appropriate social protection
(alimentation)
• Right to receive appropriate legal assistance
• Protection against being dismissed illegally
• Right to apply to the court

25. Taking the position
Principle of career – Principle of free
(professional civil selection (hired, full
servant/clerk) time employee)

26. Career Principle
• Ranking system
• Certification, Evaluation
• Qualification improvement
• Appropriate mechanisms for financial
stimulation
• Career principle secures the process of
renewing personnel

27. Unified System of Ranking
• Unification of the public service structure
• Unification of the names for the positions
• Mobility

28. Stability of Personnel
The law should precisely define:
• Legal and factual circumstances of qualifying for
the position
• Legal basis for dismissing personnel
• Protection of social and legal guarantees
• Public servant/clerk’s performance should be
assessed regularly and he/she should be trained
for improving his/her qualification
• His/her career promotion should be based on
professional level and professional skills.

29. Law on Public Service
Problems of current law
• Article 96 (liquidation)
• Paragraph 2, Article 96 (re-organization)
• Article 97 (restoration)
• Article 98 (dismissing due to the irrelevance)
• Article 99 ( dismissing)
• Article 108-109 (warning)

30. Public
servant/clerk
(unified system
of
compensation)
Hired, full time
employee
(compensation within
the discretion margins
of the public service,
according to the
performance.)

31. Social Guarantees
• compensation scale according to the unified
scheme of ranks
• Hired, full time employee; compensation
based on qualification and work efficiency of
performance
• pension insurance
• Legislative regulation of the amount of bonus
and payment procedures.

32. Public Service Council
• Elaborating of public service main policy
• establishing common standards for
recruitment
• School Accreditation/ Providing Training and
retraining system for public servants
• Settlement of the disputes