STATUTES OF THE MINISTRY OF THE INTERIORStatutes of the Ministry of the Interior Adopted by Regulation No. 185 of the Government of the Republic of 11 May 2004 (RT I 2004, 42, 291), entered into force on 15.05.2004 Amended by the following regulations (date, number, publication in the State Gazette [Riigi Teataja], date of entry into force): 16.06.2005 no. 136 (RT I 2005, 35, 274) 12.07.2005 20.04.2006 no. 96 (RT I 2006, 18, 144) 28.05.2006 16.02.2006 no. 43 (RT I 2007, 14, 75) 23.02.2007 (implemented starting 18.02.2007) 2.02.2007 no. 35 (RT I 2007, 11, 63) 2.04.2007 29.03.2007 no. 85 (RT I 2007, 27, 156) 6.04.2007 This regulation is enacted on the basis of Subsection 42(1) of the Government of the Republic Act. Chapter 1 GENERAL PROVISIONS § 1. The Ministry of the Interior The Ministry of the Interior (hereinafter the Ministry) is a governmental authority performing functions arising from existing law and assigned to it by the Government of the Republic on a legal basis in its area of government. § 2. Representation In performing its functions, the Ministry represents the state. § 3. Accountability The Ministry is accountable to the Government of the Republic, which directs and co-ordinates its activities and conducts official supervision thereof. § 4. The Ministry’s seal and insignia (1) The Ministry has a round seal with a diameter of 50 mm, in the centre of which there is a small national coat of arms. The word “SISEMINISTEERIUM” (“MINISTRY OF THE INTERIOR”) is written along the upper edge of the seal. (2) The Ministry shall have its own emblem (Annex 1). The Ministry emblem may be used on the Ministry’s printed matter and tokens. (3) The Ministry shall have an honorary decoration (Annex 2) and official flag (Annex 3). (4) The decoration may be bestowed on the ministers and secretary generals of the Ministry upon leaving office, on Ministry officials for meritorious service in their capacity as servants of the Ministry, or on other individuals for productive cooperation with the Ministry. (5) The decision to bestow a decoration shall be decided by the decorations committee and the decision shall be approved by the Minister. As an exception, the Minister has the right to bestow a decoration without the decision of the committee. (6) Decorations shall generally be bestowed twice a year – 13 November, the anniversary of the Ministry and 24 February, Estonian Independence Day – or as an exception, at other times pursuant to the decision of the decorations committee or of the Minister. [RT I 2007, 27, 156 – entered into force 6.04.2007] § 5. The Ministry’s budget and bank account The Ministry has its own budget and bank accounts. The Ministry’s expenses are covered from the state budget. § 6. Document preparation in the Ministry (1) The letterhead and general forms of the Ministry bear the Ministry’s emblem. (2) The Ministry’s legal acts and other administrative documents are prepared in accordance with the law and pursuant to the internal procedure of governmental authorities. (3) The Ministry’s letterheads and general forms shall be used by all of the Ministry’s signatories. (4) The deputy secretary general and department head shall sign informative letters prepared on the Ministry’s letterhead, without incurring financial or proprietary liabilities or assigning rights or imposing obligations on extra-ministerial persons, unless otherwise provided by law. [RT I 2007, 27, 156 – entered into force 6.04.2007] § 7. Use of the national flag The Ministry uses the national flag in accordance with the National Flag Act (RT I 1993, 17, 273). § 8. Location The Ministry’s postal address is Pikk 61, 15065, Tallinn. The postal addresses of the Ministry’s structural units that are not based at the same location are specified in their statutes. Chapter 2 THE MINISTRY'S AREA OF GOVERNMENT AND FUNCTIONS Division 1 The Ministry’s area of governmen § 9. Area of government The Ministry’s area of government includes ensuring national security, protecting public order, guarding and protecting the state border, ensuring the border regime, managing crisis, arranging matters related to the operation stockpile, rescue operations, citizenship and migration, churches and congregations, developing local government, planning and co-ordinating regional administration as well as regional development, organizing and performing supervision, nationwide, over regional plans, arranging issues related to data protection and marital status, as well as drafting the appropriate legal acts. [RT I 2007, 14, 75 – entered into force 23.02.2007] – implemented starting 18.02.2007 Division 2 The Ministry’s functions § 10. Ensuring internal national security (1) To ensure internal national security, the function of the Ministry is to ensure the public order and constitutional order, to organize crisis management, guard the national border and ensure the border regime, organize citizenship and migration affairs and rescue work, and develop and implement internal national security. (2) To ensure the public order, the Ministry shall direct and coordinate the organizing of activity in the area of safeguarding the public order and responding to calls and alerts, security activity, preventing, combating, detecting and conducting proceedings on offences, and forensic and forensic science examinations. (3) To ensure the constitutional order, the Ministry shall coordinate activities in safeguarding the state’s constitutional order, preventing and combating intelligence activities aimed at the state, protecting state secrets and combating offences involving terrorism and corruption. (4) To organize crisis management, the Ministry shall fulfil the functions imposed on the Ministry of the Interior by the Emergency Preparedness Act. (5) To guard the national border and ensure the border regime, the Ministry shall direct and coordinate the activity of the Border Guard and other institutions in organizing security. (6) To organize citizenship and migration affairs, the Ministry shall develop policies on aliens, on citizenship and migration, on asylum, for issuing identity documents to Estonian citizens and aliens and for preventing and combating illegal immigration, organizing the implementation of such policies; and together with relevant ministries shall develop, and exercise pursuant to its competence, the visa policy. 7) To organize rescue work, the Ministry shall direct and coordinate the activity in the area of rescue work, rescue management, detection of marine pollution and marine pollution control operations, state supervision over fire safety, prevention in the area of fire safety and rescue work and activities related to mine clearance operations. [RT I 2006, 18, 144 – entered into force 28.05.2006] § 11. – 13. [Repealed – RT I 2006, 18, 144 – entered into force 28.05.2006] § 14. Planning and co-ordinating the development of local governments To plan and co-ordinate the development of local governments, the Ministry, within its competence: 1) analyses, plans and co-ordinates the state’s local government policy; 2) participates in the formation of the income and expense basis of local government budgets and in the establishment development of a national support system for local budgets within its competence; 3) assists in establishing of links between local authorities, their associations and civic associations, and the Government of the Republic; 4) analyses, plans and co-ordinates policy for the official regulation and use of Estonian place names; 5) analyses, plans and coordinates policy supporting the development of a civil society in Estonia; 6) co-ordinates and implements the international co-operation programmes and foreign aid projects related to local government development, citizen awareness and citizen involvement; [RT I 2006, 18, 144 – entered into force 28.05.2006] § 141. Organizing regional administration To organize regional administration, the Ministry, within its competence: [RT I 2006, 18, 144 – entered into force 28.05.2006] § 142. Planning and coordinating regional development To plan and coordinate regional development, the Ministry, within its competence: [RT I 2006, 18, 144 – entered into force 28.05.2006] § 15. Planning activity To direct and promote planning activity, the Ministry: § 16. Organizing affairs related to population affairs operations To organize affairs related to population affairs operations, the Ministry shall, within its competence: § 17. Organizing affairs related to churches and congregations To organize affairs related to churches and congregations, the ministry, within its competence: 3) assists, if necessary and within its means, religious associations and their structural units in exercise of their self-organization; 4) organizes issues related to church property on the basis of corresponding agreements and for enforcement; 5) analyses and summarises issues of religious life. [RT I 2006, 18, 144 – entered into force 28.05.2006] § 18. Other functions The Ministry: 1) directs, co-ordinates and arranges the working out of draft laws concerning the Ministry’s area of government, Government regulations, regulations of the Minister of the Interior, regulations of the Minister of Regional Affairs, and other legal acts, and is responsible for their applicability and compliance with the Constitution and other laws; 2) directs, co-ordinates and arranges the Ministry’s activities related to Estonia’s membership with the European Union and NATO; 3) arranges joining international treaties and conventions concerning the Ministry’s area of government; 4) informs the public about the activities, work results, events and plans of the Ministry and public institutions belonging to its area of government; 5) directs and co-ordinates the development of personnel policy principles of the Ministry and governmental authorities in its area of government; [RT I 2006, 18, 144 – entered into force 28.05.2006] 6) directs and co-ordinates the training activity, activity related to applied higher education and vocational education, of the Ministry and governmental authorities in the Ministry’s area of government; [RT I 2006, 18, 144 – entered into force 28.05.2006] 7) carries out disciplinary proceedings related to major official offences committed by the staff of public institutions belonging to the Ministry’s area of government, summarises disciplinary practices and takes measures to enhance service and operation discipline; 8) co-ordinates internal audit-related activities in the Ministry and the Ministry’s area of government; 9) gives opinions about and approvals for draft legal acts worked out by other ministries and concerning the Ministry’s area of government; 10) assists other ministries in resolving matters related to its area of government and cooperates with them; 11) represents the state in international relations associated with the Ministry’s activities in accordance with procedures specified by the Foreign Relations Act (RT I 1993, 72/73, 1020; 1996, 49, 953; 1997, 73, 1200; 2003, 21, 122); 12) co-ordinates international cooperation in public institutions belonging to the Ministry’s area of government; 13) co-ordinates directing and distributing material and technical aid and other foreign aid to public institutions belonging to the Ministry’s area of government; 14) examines applications for the allocation of state budget funds submitted by governmental authorities belonging to the Ministry’s area of government and pubic institutions administered by it, arranges their assessment and prepares the appropriate joint proposal when the draft state budget is worked out; 15) prepares the Ministry’s draft budget considering the Ministry’s area of government and functions, and draws up a report on the execution of the previous year’s budget; 16) checks the financial activities in the Ministry and the Ministry’s area of government; 17) manages state property in accordance with the State Property Act (RT I 1995, 22, 327; 1996, 36, 738; 40, 773; 48, 942; 81, 1446; 1997, 45, 724; 1998, 30, 409; 1999, 10, 155; 16, 271; 2000, 39, 239; 49, 306; 51, 319; 2001, 7, 17; 93, 565; 2002, 53, 336; 64, 393) and other legal acts; 18) co-ordinates, supervises and arranges the activities the Ministry, governmental authorities belonging to the Ministry’s area of government and public institutions administered by it with regard to investment, state procurements and building; 19) inspects the internal audit systems in the Ministry, the Ministry’s area of government and, within the competence, the EU structural aids and other aid beneficiaries and the mediation authorities; 20) the Ministry fulfils other functions assigned to it by law, the decisions of the Riigikogu and the President and by the Government of the Republic. Chapter 3 MANAGEMENT OF THE MINISTRY Division 1 Minister of the Interior § 19. Management of the Ministry The Ministry is headed by the Minister of the Interior. § 20. Competence of the Minister of the Interior (1) The Minister of the Interior arranges issues that belong in the Ministry’s area of government related to ensuring national security, protecting public order, guarding and protecting the state border, ensuring the border regime, crisis management, operation stockpile, rescue work, and citizenship and migration. [RT I 2007, 14, 75 – entered into force 23.02.2007] – implemented starting 18.02.2007 (2) Upon managing the areas under his/her government, the Minister of the Interior: 1) is responsible for compliance with the Constitution, other laws regulating the Ministry’s area of government, the Riigikogu’s decisions, the President’s regulations and decisions and the Government’s regulations and orders; 2) makes decisions on issues belonging to the Ministry’s area of government unless such decisions should be made by subordinate institutions or officials in accordance with existing law or Government regulations; 3) represents the Ministry and gives authority to represent the Ministry; 4) represents, within the Ministry’s competence, the state in civil and criminal court cases as a civil plaintiff or defendant; may grant general or special authorisations for representation of the state in court; and has the right, within the Ministry’s area of government, to authorise the contractual representative of the state in civil, administrative and criminal proceedings; 5) organises, within the Ministry’s area of government, collection of information on and forwarding of the information on the representation of the state in court; 6) approves the Ministry’s official staff and structural units’ statutes, as well as the official staff, internal procedures and work arrangement of governmental authorities belonging to the Ministry's area of government; 7) on the proposal of the Ministry’s Secretary General, approves the Ministry’s in-house rules and regulations; 8) concludes contracts or delegates the Secretary General or other persons for the purpose; 9) on the proposal of the Ministry’s Secretary General, appoints and dismisses the directors general of the services belonging to the Ministry’s area of government, the Ministry’s Deputy Secretary General for Internal Security, the Ministry’s Deputy Secretary General for Administration, heads of the Ministry’s departments, offers them incentives and metes out their disciplinary punishments, on the proposal of the Secretary General signs employment agreements with heads of public institutions administered by the Ministry unless otherwise provided by law; 10) carries out official supervision in accordance with procedures specified by law over the activities of the Ministry’s structural units, governmental authorities belonging to the Ministry’s area of government and their officials, as well as other public institutions administered by the Ministry; if necessary transfers official supervision over the activities of the Ministry’s officials to the Secretary General; 11) determines the scope and procedure of official supervision carried out by the directors general of executive agencies belonging to the Ministry’s area of government; RT I 2007, 14, 75 – entered into force 23.02.2007] – implemented starting 18.02.2007 12) is responsible for organising internal audit in the Ministry and the governmental authorities belonging to the Ministry’s area of government; 13) via the Minister of Finance approaches the Government with proposals for the Ministry’s draft annual income and expense budget and if necessary for the draft additional budget, determines the use of budget funds and supervises over the accurate and expedient execution of the budget; 14) approves the budgets of public institutions belonging to the Ministry’s area of government based on the state budget, checks their execution and if necessary makes prescriptions for the use of budget funds; 15) organises the administration of state property in accordance with the State Property Act and other legal acts; 16) decides to conduct state procurement tenders in order to obtain assets and services necessary for the fulfilment of the Ministry’s functions; 17) decides the establishment of a public institution administered by the Ministry, approves its statutes and budget and determines its structure, procedures and work arrangements unless this has been established by a legal act higher than the Minister’s regulation; 18) establishes attestation requirements for the Ministry’s officials in conjunction with the appropriate competition and attestation commission; 19) presents interpellations to the Ministry’s officials and heads of public institutions belonging to the Ministry’s area of government; 20) if necessary forms commissions, councils and working groups having consultative capacity in order to perform functions within the Ministry’s competence and determines their objectives and working procedures; 21) settles legal disputes in cases specified by law; 22) reports to the Government of the Republic on the Ministry’s activities; 23) performs other functions assigned to him by law, the Government’s regulation or order or the Prime Minister’s order. § 21. Legal acts of the Minister of the Interior (1) The Minister of the Interior issues regulations and directives and gives oral and written orders to the Ministry’s officials, directed by the Ministry and for organizing the activities of state authorities in the Ministry's area of government. [RT I 2007, 11, 63 – entered into force 2.04.2007] (2) The oral and written orders of the Minister of the Interior are registered in accordance with the Ministry’s work procedures. Division 2 Minister of Regional Affairs § 22. Competence of the Minister of Regional Affairs (1) The Minister of Regional Affairs manages the structural units of the Ministry of the Interior, which deal with the development of local government, planning and co-ordination of regional administration and regional development, nationwide co-organization and supervision of spatial planning activities, and organisation of issues related to vital statistics and churches and congregations. [RT I 2006, 18, 144 – entered into force 28.05.2006] (2) Upon managing the areas under his/her government, the Minister of Regional Affairs: 1) is responsible for compliance with the Constitution, other laws regulating the Ministry’s area of government, the Riigikogu’s decisions, the President’s regulations and decisions and the Government’s regulations and orders; 2) makes decisions on issues belonging to the Ministry’s area of government unless such decisions should be made by subordinate institutions or officials in accordance with existing law or Government regulations; 3) represents the Ministry and gives authority to represent the Ministry; 4) approves the statutes of the structural units of the Ministry; 5) concludes contracts or delegates the Secretary General or other persons for the purpose; 6) on the proposal of the Ministry’s Secretary General, appoints and dismisses the Deputy Secretary General for Population and Regional Affairs, offers him/her incentives and metes his/her disciplinary punishments; 7) on the proposal of the Ministry’s Secretary General, appoints and dismisses the heads of the Local Government and Regional Administration Department, Regional Development Department, Planning Department, Population Facts Department and Religious Affairs Department; 8) forms commissions, councils and working groups having consultative capacity, and determines their objectives and working procedures; 9) carries out official supervision in accordance with procedures specified by law over the activities of the structural units under his/her government, governmental authorities belonging to the Ministry’s area of government and their officials; if necessary transfers official supervision over the activities of the Ministry’s officials to the Secretary General; 10) approaches the Government of the Republic with proposals for the draft annual income and expense budget of his/her area of government, and if necessary for the draft additional budget, determines the use of budget funds and supervises over the accurate and expedient execution of the budget; 11) approaches the Government of the Republic with proposals on the appointment of the County Governor; 12) decides to conduct state procurement tenders in order to obtain assets and services necessary for the fulfilment of the Ministry’s functions; 13) establishes attestation requirements for the Ministry’s officials in conjunction with the appropriate competition and attestation commission; 14) presents interpellations to the staff of the structural units under his/her government and the County Governor; 15) on the proposal of the County Governor, approaches the Government of the Republic with proposals on work arrangement in the local departments of governmental authorities and other public institutions of the county; 16) forwards to the Government of the Republic the proposals of the County Governor for the draft annual income and expense budget of the county government, and if necessary for the draft additional budget; 17) settles legal disputes in cases specified by law; 18) performs other functions assigned to him by law, the Government’s regulation or order or the Prime Minister’s order. [RT I 2005, 35, 274 – entered into force 12.07.2005] § 23. Legal acts of the Minister of Regional Affairs (1) The Minister of Regional Affairs issues regulations and mandates and gives oral and written orders to the Ministry’s officials for directing the structural units under his/her government and arranging the activities of county governments. (2) The oral and written orders of the Minister of Regional Affairs are registered in accordance with the Ministry’s work procedures Division 21
§ 231. Assistant minister (1) The Ministry’s staff may include an assistant minister, who shall, within the limits of the powers acquired from the Minister, head structural units involved in policy planning and deal with issues belonging to the Ministry’s area of government and fulfil other functions delegated by the Minister. (2) The assistant minister is substituted for by the Minister in his or her absence. [RT I 2005, 35, 274 – entered into force 12.07.2005] Division 3 Secretary General § 24. Secretary General The Secretary General directs the work of the Ministry’s structural units, co-ordinates the activities of public institutions belonging to the Ministry’s area of government and arranges the Ministry’s work procedures. § 25. Tasks of the Secretary General: The Secretary General: 1) directly manages the work of deputy secretary generals and via heads of departments directs the work of the Public Affairs Department, Personnel Department, Finance Department, Internal Audit Department, and the General Administrative Department and the work of ministry advisers subordinate to him/her; [RT I 2006, 18, 144 – entered into force 28.05.2006] 2) co-ordinates the activities of public institutions belonging to the Ministry’s area of government and approaches the Minister of the Interior and the Minister of Regional Affairs with proposals for their work procedure work arrangements; 3) ensures the creation of organisational and economic conditions necessary for the Ministry’s work; 4) manages the Ministry’s budget funds within the budget approved by the Minister of the Interior and the Minister of Regional Affairs and is responsible for the accurate and expedient fulfilment of the budget; 5) prepares proposals concerning the Ministry’s draft annual budget and if necessary the additional budget; 6) arranges the use of state property within authority obtained from the Minister of the Interior and the Minister of Regional Affairs in accordance with the State Property Act and makes proposals to them on the management of state property; 7) carries out state procurements within authority obtained from the Minister of the Interior and the Minister of Regional Affairs; 8) puts his/her co-signature on the regulations of the Minister of the Interior and the Minister of Regional Affairs, documents submitted to the Government and other documents in cases and in accordance with procedure specified by legal acts; 9) keeps the Ministry’s emblem seal and establishes the procedure of its use (or approaches the Minister of the Interior with the proposal for the establishment of the procedure); 10) appoints and dismisses the Ministry’s officials, except for those who are appointed and dismissed by the Minister of the Interior or the Minister of Regional Affairs; 11) signs employment agreements with the ancillary staff of the Ministry; 12) in accordance with structural units’ statutes and the proposals of heads of structural units approves the job description of officials appointed by him/her and if necessary the job description of ancillary staff; 13) promotes officials appointed by him/her within his/her competence, uses incentives for officials appointed by him/her and for other staff and metes out disciplinary punishments; 14) is the chairman of the competition and attestation commission for the Ministry’s officials or appoints another person chairman; 15) presents interpellations to the heads of the Ministry’s structural units and public institutions belonging to the Ministry’s area of government about their activities and approaches the Minister of the Interior and the Minister of Regional Affairs with proposals for offering incentives and meting out punishments for the heads of structural units and public institutions belonging to the Ministry’s area of government; 16) arranges the working out of the statutes of the Ministry’s structural units, governmental authorities belonging to the Ministry’s area of government and public institutions administered by the Ministry and the Ministry’s in-house rules and procedures and submits them to the Minister of the Interior or the Minister of Regional Affairs for approval; 17) signs agreements on the Ministry’s behalf and represents the Ministry within his/her competence and authority obtained from the Minister of the Interior and the Minister of Regional Affairs; 18) gives permission for the head of a public institution belonging to the Ministry’s area of government to have a business trip abroad provided the Minister of the Interior or the Minister of Regional Affairs is aware of it; 19) fulfils other functions assigned to him/her by law or the Government's regulation or mandate or by the Minister of the Interior or the Minister of Regional Affairs. [RT I 2005, 35, 274 – entered into force 12.07.2005] § 26. Regulations and service-related orders of the Secretary General (1) The Secretary General gives orders within the competence provided by law and the Ministry’s statutes so as to co-ordinate and arrange the activities of public institutions belonging to the Ministry’s area of government, to employ and dismiss the Ministry’s staff and to direct and co-ordinate the work of structural units unless this is established by a legal act higher than the Secretary General’s order. (2) Upon directing the Ministry’s deputy secretaries general and structural units and co-ordinating and arranging the activities of public institutions belonging to the Ministry’s area of government, the Secretary General gives deputy secretaries general and heads of structural units as well as heads of public institutions belonging to the Ministry’s area of government oral and written orders that are registered in accordance with the Ministry’s procedures. § 27. Replacement of the Secretary General (1) While the Secretary General is away, he/she is substituted for by the Deputy Secretary General for Internal Security and in the absence of the latter by the Deputy Secretary General for the Population and Regional Affairs. In their absence the Secretary General is substituted for by the Deputy Secretary General for Administration. Division 4 Deputy Secretary General § 28. Deputy Secretary General The Ministry includes the offices of the Deputy Secretary General for Internal Security, Deputy Secretary General for Population and Regional Affairs, and Deputy Secretary General for Administration. § 29. Tasks of the Deputy Secretary General for Internal Security The Deputy Secretary General for Internal Security: 1) directs via the heads of departments the work of the Internal Security Policy Department, Information and Analysis Department, Crisis Management Department, and the Citizenship and Migration Policy Department; [RT I 2007, 11, 63 – entered into force 2.04.2007] 2) approaches the Secretary General with proposals on the preparation of the Ministry’s budget and use of budget funds in the appropriate area; 3) represents the Ministry within authority obtained from the Minister of the Interior; 4) makes proposals for promoting heads of departments subordinate to him/her and offering them incentives or meting out disciplinary punishments for them; 5) supervises over the performance of functions by departments subordinate to him/her; 6) performs other functions assigned by the Minister of the Interior or the Secretary General. [RT I 2005, 35, 274 – entered into force 12.07.2005] § 30. Tasks of the Deputy Secretary General for Population and Regional Affairs: The Deputy Secretary General for Population and Regional Affairs: 1) directs via heads of departments the work of the Local Government and Regional Administration Department, Planning Department, Regional Development Department, Population Facts Department and Religious Affairs Department; 2) approaches the Secretary General with proposals on the preparation of the Ministry’s budget and use of budget funds in the appropriate area; 3) represents the Ministry within authority obtained from the Minister of Regional Affairs; 4) makes proposals for promoting heads of departments subordinate to him/her and offering them incentives or meting out disciplinary punishments for them; 5) supervises over the performance of functions by departments subordinate to him/her; 6) performs other functions assigned by the Minister of Regional Minister or Secretary General. § 31. Tasks of the Deputy Secretary General for Administration: The Deputy Secretary General for Administration: 1) directs via the heads of departments the work of the IT, Databases and Communications Department, Administrative Department and Legal Department; [RT I 2006, 18, 144 – entered into force 28.05.2006] 2) approaches the Secretary General with proposals on the preparation of the Ministry’s budget and use of budget funds in the appropriate area; 3) represents the Ministry within authority obtained from the Minister of the Interior or the Ministry of Regional Affairs; 4) makes proposals for promoting heads of departments subordinate to him/her and offering them incentives or meting out disciplinary punishments for them; 5) supervises over the performance of functions by departments subordinate to him/her; 6) performs other functions assigned by the Minister of the Interior, Minister of Regional Affairs or Secretary General. § 32. Service-related orders of the Deputy Secretary General A deputy secretary general performing his/her functions gives heads of departments and governmental authorities belonging to the Ministry’s area of government and public institutions administered by the Ministry oral and written orders registered in accordance with the Ministry’s procedures. § 33. Replacement of the Deputy Secretary General (1) In the absence of a deputy secretary general he/she is substituted for by another deputy secretary general or the head of a department appointed by the Secretary General. (2) The substitution of the deputy secretary general is arranged by the Secretary General’s order. Division 5 Advisers § 34. Advisers (1) The Ministry’s structure includes the advisers of the Minister of the Interior and the Minister of Regional Affairs as well as ministry advisers who do not belong to any structural units. (2) Minister advisers are directly subordinate to the Minister of the Interior or Minister of Regional Affairs. Minister advisers are appointed and dismissed by the corresponding minister. (3) Ministry advisers are directly subordinate to the Secretary General or Deputy Secretary General chosen by the Secretary General. Ministry advisers are appointed and dismissed by the Secretary General. (4) The functions of the minister adviser and ministry adviser are determined by the adviser’s job description approved by the Minister of the Interior, Minister of Regional Affairs or Secretary General, respectively. Division 6 Head of Department § 35. Tasks of the head of a department (1) The head of a department: 1) directs the department’s work and ensures that the department’s functions are performed in accordance with existing law and in an accurate and timely manner; 2) follows instructions and orders given to him/her or informs about obstacles to their fulfilment; 3) gives instructions and orders to officials subordinate to him/her; 4) supervises over the fulfilment of service duties by officials subordinate to him/her; 5) signs or acknowledges documents drawn up in the department in accordance with the department’s statutes and the Ministry’s procedures; 6) represents the department and gives in the department’s name opinions and approvals for the Ministry’s leadership and other structural units; 7) [repealed – RT I 2006, 18, 144 – entered into force 28.05.2006] 8) approaches the Ministry’s leadership with proposals concerning the organisational structure, composition and work arrangements of the department as well as the wages, benefits, disciplinary punishments and incentives for the staff of the structural unit; 9) applies, within the department budget limits, for funds necessary for the fulfilment of the department’s functions, and is responsible for their purposeful use; 10) applies for further training for the staff of the department; 11) can approach the Ministry’s leadership with proposals for the setting up of commissions and working groups in order to deal with issues related to the department’s functions; 12) signs informative letters on the ministry’s letterhead which do not take financial or other obligations or give rights or obligations to persons outside the Ministry unless otherwise provided by law; [RT I 2007, 27, 156 – entered into force 6.04.2007] 13) performs other functions assigned to him/her by the statutes of the department or the Minister of the Interior, Ministry of Regional Affairs, or his/her immediate superior. (2) [repealed – RT I 2006, 18, 144 – entered into force 28.05.2006] (3) The statutes of the department specify the precise service functions of the head of department. (4) The rights and obligations of the head of a service or bureau belonging to a department are set forth in the statutes of the department. § 36. Rights of the head of department (1) The head of department has the right: 1) to send to the other structural units of the Ministry and governmental authorities belonging to the Ministry’s area of government draft legal acts and other documents to get feedback and the data necessary for the work of the department; 2) to return to governmental authorities belonging to the Ministry’s area of government and other public institutions the documents that are not made properly in order to eliminate drawbacks and to set the deadline for it. Chapter 4 STRUCTURE OF THE MINISTRY AND MAIN PRINCIPLES OF STRUCTURAL UNITS § 37. The department A department is a Ministry’s structural unit, which has no executive authority in relation to persons outside the Ministry unless otherwise prescribed by law. § 38. Structure and competence of the department (1) The Ministry’s departments can include services and bureaus. (2) The departments develop draft laws in their areas of activity, organize development and conclusion of contracts, enforce compliance with obligations taken under contracts and organize international cooperation in their domains. (3) The structure and precise functions are determined in the statutes of the department, which is to be approved by either the Minister of the Interior or Minister of Regional Affairs. (4) [Repealed – RT I 2007, 27, 156 – entered into force 6.04.2007] § 39. The Ministry's Departments The Ministry’s departments include: 1) Public Affairs Department; 2) IT, Databases and Communications Department; 3) Local Government and Regional Administration Department; 31) Crisis Management Department; [RT I 2006, 18, 144 – entered into force 28.05.2006] 4) Personnel Department; 5) Planning Department; 6) Finance Department; 7) Population Facts Department; 8) Regional Development Department; 9) Administrative Department; [RT I 2006, 18, 144 – entered into force 28.05.2006] 10) Internal Audit Department; 11) [repealed – RT I 2005, 35, 274 – entered into force 12.07.2005] 12) Internal Security Policy Department; 121) Information and Analysis Department; [RT I 2007, 11, 63 – entered into force 2.04.2007] 13) Religious Affairs Department; 14) Citizenship and Migration Policy Department; [RT I 2006, 18, 144 – entered into force 28.05.2006] 15) [repealed – RT I 2006, 18, 144 – entered into force 28.05.2006] 16) Legal Department; 17) General Administrative Department. § 40. Public Affairs Department The main functions of the Public Affairs Department are: 1) to inform the public about the activities of public institutions belonging to the Ministry and its area of government; 2) to direct the public affairs activities of public institutions belonging to the Ministry’s area of government; 3) to shape public opinion and manage regular communication projects in the Ministry and public institutions belonging to its area of government; 4) coordinating and organizing the Ministry's external relations. [RT I 2006, 18, 144 – entered into force 28.05.2006] § 41. IT, Databases and Communications Department The main functions of the IT, Databases and Communication Department are: 1) to automate data processing in the Ministry’s area of government and to develop and implement IT and telecommunications systems; 2) to direct and co-ordinate the development of the registers and other databases of the Ministry’s area of government; [RT I 2006, 18, 144 – entered into force 28.05.2006] § 42. Local Government and Regional Administration Department The main functions of the Local Government and Regional Administration Department are: 1) to analyse, plan and co-ordinate the country’s local government policy, and providing consultation to other ministries in regional administration issues; [RT I 2006, 18, 144 – entered into force 28.05.2006] 2) to analyse, plan and co-ordinate the country's regional government policy; 3) to participate in the formation and development of the income and expense basis of local government budgets and in the working out and development of a national support system for local budgets in accordance with the Ministry’s competence; 4) to analyse and arrange the administrative division of the state territory, administrative and territorial division and population distribution issues and co-ordinate implementation of the appropriate policy and development; 5) to assess the expediency of county government structures and staff; 6) to analyse, plan and co-ordinate the policy of the official regulation and use of Estonian place names, conduct place name-related supervision and organise provision of solutions to place name-related disputes; 7) to perform the functions of the employee responsible for the place name register; 8) to co-ordinate and implement international co-operation programmes and foreign aid projects related to local government development, citizen awareness and citizen participation; 9) to analyse, plan and co-ordinate the options and policies related to active community development and co-operation between the state and citizen’s associations; 10) to arrange issues related to the development of small islands with permanent habitat. 11) organizing and coordinating fulfilment of county governments’ functions related to land readjustment, land reform, social welfare, health, education, culture, youth and sports and rural economy; [RT I 2006, 18, 144 – entered into force 28.05.2006] 12) coordinating state supervision to be exercised by county governors; [RT I 2006, 18, 144 – entered into force 28.05.2006] 13) organizing development of a civil society. [RT I 2006, 18, 144 – entered into force 28.05.2006] § 421. Crisis Management Department The primary functions of the Crisis Management Department are the following: [RT I 2006, 18, 144 – entered into force 28.05.2006] § 43. Personnel Department The primary functions of the Personnel Department are the following: [RT I 2006, 18, 144 – entered into force 28.05.2006] § 44. Planning department The primary functions of the Planning Department are the following: 2) to co-ordinate the preparation of county plans; [RT I 2006, 18, 144 – entered into force 28.05.2006] 3) [repealed – RT I 2006, 18, 144 – entered into force 28.05.2006] 4) general supervision of planning-related activities; 5) supervision over the preparation of county plans; 6) to provide solutions to planning-related disputes in the cases provided by law; 7) to arrange and provide consulting in the planning-related enrichment training of officials; 8) to arrange the preparation of planning-related manuals and the required pilot projects thereof; 9) to represent the Ministry in international planning co-operation. § 45. Finance Department The main functions of the Finance Department are: 1) to arrange the preparation of draft budgets and draft budget amendments of the Ministry and the public institutions in the Ministry’s area of government; 2) to arrange the financial accounting and reporting system in the Ministry; 3) to prepare the consolidated annual report of the Ministry and the public institutions in the Ministry’s area of government; 4) financial planning and reporting related to the structural assistance measure for local socio-economic development. § 46. Population Facts Department The main functions of the Population Facts Department are: 1) to plan family event documentation, instruct the relevant institutions and prepare the corresponding guidelines; 2) to perform the functions of the responsible population register employee; 3) to arrange population activity-related co-operation on the national (with other state and local government institutions) and international level; 4) to assist in the preparation for the European Parliament, Riigikogu and local government elections; 5) to organise population activity-related training, seminars and meetings; 6) to keep, update and use the Estonian family archives (church books and vital records); 7) to instruct vital statistics offices in the preparation, amendment, restoration and cancellation of vital records and in the issuing of vital statistics certificates; 8) to issue birth, death and marriage certificates as well as copies of vital records and certificates on the basis of church books; 9) to supervise issues related to population activities; 10) to prepare directives for assigning a new personal name and organizing the work of the Personal Names Committee; [RT I 2006, 18, 144 – entered into force 28.05.2006] 11) to approve (apostil) official documents issued in the Republic of Estonia. § 47. Regional Development Department The main functions of the Regional Development Department are: 1) to analyse and forecast the country’s regional development; 2) to work out arrangements necessary for the country’s regional policy and its implementation; 3) to co-ordinate and analyse the performance of the country’s regional policy; 4) to analyse the effect of branch policies on regional development and to advise other ministries on this topic; 5) to organize fulfilment of functions related to county socioeconomic development planning and development activity within the limits of the competence of county governments; 6) to plan and organize implementation of state regional policy measures and programmes and European Union structural assistance aimed at local and regional development and at promotion of cross-border cooperation on the local and regional level; 7) coordinating and implementing international cooperation programmes and projects in the area of state regional development. [RT I 2006, 18, 144 – entered into force 28.05.2006] § 48. Administration Department The main functions of the Administration Department are: 1) to arrange real estate development in the Ministry and its area of government; 2) to arrange public procurements for the Ministry, and if necessary also those pertaining to its area of government; 3) to perform accounting for the public property in the Ministry’s area of government; 4) managing the buildings, vehicles and other assets on the Ministry’s balance sheet; 5) coordinating and organizing European Union budgetary funds and bilateral external aid aimed at internal security; 6) functions related to management of international projects and funds. [RT I 2006, 18, 144 – entered into force 28.05.2006] § 49. Internal Audit Department The main functions of the Internal Audit Department are: 1) to co-ordinate the internal audit activities in the Ministry and its area of government; 2) to assess and analyse the efficiency of the internal audit system in the Ministry and its area of government, as well as its compliance with the requirements of legal acts; 3) within its competence, to audit the EU structural aid and other aid beneficiaries and the mediation authorities thereof; 4) issues related to service and work discipline. § 50. [repealed – RT I 2005, 35, 274 – entered into force 12.07.2005] § 51. Internal Security Policy Department The primary functions of the Internal Security Policy Department are: 1) to plan the country’s internal security policy (including criminal policy); 2) [repealed – RT I 2006, 18, 144 – entered into force 28.05.2006] 3) to participate in the development of security and crime policy and other policies related to internal security policy; 4) coordinating the cooperation between agencies and organizations for ensuring internal security 5) to co-ordinate the defining and implementation of strategic development directions for the Police Board, Security Police, Border Guard and rescue area and performing related supervision; 6) participating in formation of the administrative, legal and budgetary environment of the Police Board, Security Police, Border Guard and rescue area; 7) [repealed – RT I 2006, 18, 144 – entered into force 28.05.2006] 8) developing and organizing defence of Estonia’s positions for the European Union and NATO decision making process in the framework of the primary functions of the department. § 511. Information and Analysis Department The primary functions of the Information and Analysis Department are the following: [RT I 2007, 11, 63 – entered into force 2.04.2007] § 52. Religious Affairs Department The primary functions of the Religious Affairs Department are the following: [RT I 2006, 18, 144 – entered into force 28.05.2006] § 53. Citizenship and Migration Policy Department [RT I 2006, 18, 144 – entered into force 28.05.2006] The primary functions of the Citizenship and Migration Policy Department are the following: [RT I 2006, 18, 144 – entered into force 28.05.2006] 1) to analyse, plan and co-ordinate implementation of the country’s citizenship policy; 2) to analyse, plan and co-ordinate implementation of country’s policy in regard to foreigners; 3) to analyse, plan and co-ordinate implementation of the country’s migration policy; 4) to analyse, plan and co-ordinate implementation of the country’s policy in regard to refugees; 5) to analyse, plan and co-ordinate implementation of the preventing and stopping of illegal immigration and illegal working; 6) to analyse and plan the country’s visa policy, and implement it in co-operation of the Ministry of Foreign Affairs; 7) to plan and co-ordinate the issuing of personal identification documents to Estonian citizens and foreigners; 8) to analyse and participate in the planning of the integration of foreigners into the Estonian society. § 54. [repealed – RT I 2006, 18, 144 – entered into force 28.05.2006] § 55. Legal Department The main functions of the Legal Department are: 1) ensuring constitutionality and legality of draft legal acts and contracts in preparation; 2) ensuring the use of common principles, terminology and methods in legislation; 3) coordinating the approval of draft legal acts submitted to the Ministry for approval; 4) organizing representation of the Ministry’s legal rights and representation in courts of law in Estonia; 5) [Repealed – RT I 2007, 14, 75 – entered into force 23.02.2007] – implemented starting 18.02.2007 6) providing consultation to the Ministry’s administration and the departments in legal matters. [RT I 2006, 18, 144 – entered into force 28.05.2006] § 56. General Administrative Department The main functions of the General Administrative Department are: 1) organizing the document and archive management at the Ministry; 2) organizing and ensuring protection of state secrets;. 3) serving the Ministry’s administration and structural units. [RT I 2006, 18, 144 – entered into force 28.05.2006] Chapter 5 COMMISSIONS, COUNCILS AND WORKING GROUPS § 57. Commissions, councils and working groups set up at the Ministry (1) The Minister of the Interior or the Minister of Regional Affairs can set up permanent or temporary advisory commissions, councils and working groups (hereinafter commissions) in the Ministry’s area of government. (2) The Secretary General can set up temporary commissions in order to co-ordinate the work of the Ministry’s structural units to resolve individual issues. (3) Commissions are set up by the order of the Minister of the Interior, Minister of Regional Affairs or Secretary General specifying the functions, chairman and members of the commission, the deadlines for fulfilling the functions and the responsible structural unit. (4) If the chairman of the commission is not an official belonging to the Ministry’s leadership or the head of a department, the Minister of the Interior, Minister of Regional Affairs or Secretary General appoints an official belonging to the Ministry’s leadership or the head of a department responsible for the work of the commission. (5) The structural unit working with the commission ensures the commission’s procedures and the keeping of minutes at the commission’s meetings. (6) Department officials are appointed members of the commission at the proposal of the head of the department. (7) The staff of other governmental authorities can be appointed commission members at the proposal of the head of the institution. Persons who are not civil servants can be involved in the work of a commission if they consent thereto. (8) Heads of departments are obliged to free commission members from their official duties for the time of the commission’s meetings unless it hampers the fulfilment of the main functions of the department. (9) The chairman of the commission reports on the fulfilment of the commission’s functions to the Minister of the Interior, Minister of Regional Affairs, or Secretary General unless otherwise determined at the setting up of the commission. (10) The commission has the right to approach the Ministry’s structural units and public institutions belonging to the Ministry’s area of government in order to obtain data and documents necessary for its work. (11) Remuneration can be paid for performing additional work or service functions while participating in the commission. (12) Commissions set up by the Minister and Secretary General can have the right to make decisions if this directly arises from law. § 58. Other commissions and councils (1) Provisions contained in this Chapter are applied to other commissions and councils set up in accordance with existing law unless otherwise provided by law and existing legal acts. (2) The Minister of the Interior or the Minister of Regional Affairs appoints the structural unit responsible for the work arrangements of governmental commissions working with the Ministry. Chapter 6 SERVICE SUPERVISION § 59. Service supervision (1) The Minister of the Interior or the Minister of Regional Affairs carries out service supervision over acts and operations done by the Ministry’s officials, governmental authorities belonging to the Ministry’s area of government, public institutions administered by the Ministry and their leaders in accordance with procedures prescribed by law. (2) As part of service supervision, the Minister of the Interior or the Minister of Regional Affairs can assign the Secretary General or Deputy Secretary General or the head of a department the task of collecting material and explanations in order to clarify the circumstances of giving an act or doing an operation. (3) The Minister of the Interior or the Minister of Regional Affairs can by his/her order entrust the Secretary General with initiating service supervision and making appropriate decisions. The Secretary General has the right to make a Deputy Secretary General or the head of a department responsible for clarifying the circumstances of an operation done by the Ministry’s official and collecting appropriate documents and explanations in order to carry out service supervision. Chapter 7 IMPLEMENTATION PROVISION § 60. [omitted from this text]
Emblem of the Ministry of the Interior The emblem has a blue cross with silver borders in the outlines of a fortress on a blue background. Within the cross is the image of a small silver-blue stylisation of the national coat of arms. Emblem colour codes:
Honorary decoration of the Ministry of the Interior The decoration has a blue cross with silver borders in the outlines of a fortress, within which there is an image of a small national coat of arms and whose lower two sides are surrounded by silver oak leaves. Decoration colour codes:
Official flag of the Ministry of the Interior
The official flag has a blue cross with silver borders in the outlines of a fortress on a blue background. Within the cross is a small image of the national coat of arms. The height to width ratio of the flag is 7:9. The flag is bordered by 75 mm gold fringe. Flag colour codes: |
|
Back