About the “hidden rule” regarding the employment of close relatives in state schools and kindergartens.
2025-04-11 08:45:00 / News
Many people know that, according to Article 121 of the Civil Code, close relatives are prohibited from working in state organizations in positions that are directly subordinate to each other or under the control of each other.
However, this article itself also states that special exceptions may be established by a resolution of the Cabinet of Ministers.
Indeed, there is currently a “List of employees of state organizations to whom exceptions may be made from the rules on restricting the joint work of relatives,” approved by Resolution No. 758 of the Cabinet of Ministers of November 14, 2024.
In the cases included in this list, close relatives and relatives from the opposite side can freely work together in positions that are subordinate to and control each other in a state organization. Because this list includes special types of work, which are excluded from the prohibitions in the law based on the existing logical necessity.
This list is not so new for us. Previously, a similar list was in effect by the Resolution of the Cabinet of Ministers No. 133 of March 11, 1997, and a new list was approved by Resolution No. 758, introducing some changes to the exceptions.
When it comes to these exceptions, many people first of all have an idea about teachers, librarians and bibliographers in all educational institutions. That is, we already know that in teaching positions in kindergartens, schools, colleges-technical schools and lyceums, as well as in higher educational institutions, they can work together with their close relatives (even if the close relative is the director, rector, vice-rector, or head of the department). These are in paragraph (line) 6 of the current List, approved by Resolution No. 758.
But in the same paragraph 6 of the list it is said that “pedagogical staff, teachers, bibliographers and librarians in all educational organizations”. Note that they do not include deputies in educational organizations, heads of households, personnel managers, accountants, archivists, guards, drivers, etc. That is, there are no exceptions to the following professions and positions that we have listed, the ban should apply to them, right?
However, in paragraph (line) 12 of the list approved by Resolution No. 758, the excluded professions and positions include “forestry and water management specialists working in rural areas, employees of preschool and school educational organizations, medical workers, employees of cultural and educational organizations”.
If we exclude from this the phrases “working in rural areas..., employees of preschool and school educational organizations,...”, we will see that the list of exceptions in these organizations has expanded significantly. We are talking about preschool and school educational organizations located in rural areas. And the exceptions where close relatives can work include not only teaching staff of state kindergartens and schools in rural areas, but also other employees who do not belong to the category of teachers.
That is, for example, this is like saying that the director of a state secondary school located in a rural area has the right to hire his brother or older brother as a farm manager, and his sister as a HR manager.
Shokirjon Dadabaev,
Chief Legal Advisor of the Uychi District Justice Department.
