Ümberasendamisele

Ümberasendamisele is a concept in Estonian law that refers to the replacement of a person in a position of trust, such as a public official or a member of a supervisory board, due to a change in the legal basis for their appointment. This process is governed by the Estonian Civil Code and other relevant legislation.

The need for ümberasendamisele arises when the legal basis for the appointment of a person in a position of trust is changed. This can occur due to changes in the law, organizational restructuring, or other reasons that affect the legal framework governing the position. In such cases, the person in the position may no longer be eligible to hold it under the new legal basis.

The procedure for ümberasendamisele involves several steps. First, the legal basis for the appointment must be clearly defined and communicated to the person in the position. This may involve amending the relevant legislation or organizational documents. Once the new legal basis is established, the person in the position must be informed of the changes and given an opportunity to resign or be replaced.

If the person in the position does not resign, the authority responsible for the position must initiate the replacement process. This may involve selecting a new candidate, conducting interviews or assessments, and making a decision based on the new legal basis. The replacement process must be transparent and fair, ensuring that the new person is appropriately qualified and suitable for the position.

Ümberasendamisele is an important mechanism for ensuring that positions of trust are filled by individuals who meet the legal requirements and are suitable for the role. It helps to maintain the integrity and effectiveness of public institutions and organizations, and ensures that they operate in accordance with the law.