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On approval of the Rules for training, retraining and advanced training of civil servants

New Unofficial translation

Decree of the Government of the Republic of Kazakhstan dated March 15, 2018 No. 125

      Unofficial translation

      In accordance with sub-paragraph 15) of article 10, paragraph 4 of article 34 of the Law of the Republic of Kazakhstan dated November 23, 2015 “On the Civil Service of the Republic of Kazakhstan”, the Government of the Republic of Kazakhstan HEREBY DECREES:

      1. To approve the attached Rules for training, retraining and advanced training of civil servants.

      2. This decree shall come into force from the date of its first official publication.

      Prime Minister
      of the Republic of Kazakhstan B. Sagintayev

  Approved
by the decree no.125 of the
Government
of the Republic of Kazakhstan
dated March 15, 2018

Rules for training, retraining and advanced training of civil servants

      1. These Rules for training, retraining and advanced training of civil servants (hereinafter referred to as the Rules) have been developed in accordance with subparagraph 15) of article 10, paragraph 4 of article 34 of the Law of the Republic of Kazakhstan dated November 23, 2015 “On the Civil Service of the Republic of Kazakhstan”, (hereinafter referred to as the Law) and shall determine the procedure for training on the programs of postgraduate education, retraining and advanced training of civil servants on programs of additional education in organizations of education, stipulated by these Rules.

Chapter 1. Training and retraining of civil servants

      2. Training of civil servants shall be made on the basis of state educational order upon assignment by the state body to the Academy of Public Administration under the President of the Republic of Kazakhstan (hereinafter referred to as the Academy of Public Administration) and the Academy of Justice under the Supreme Court of the Republic of Kazakhstan (hereinafter referred to as the Academy of Justice).

      The period of training on programs of postgraduate education and the procedure for enrollment shall be determined by the Rules for admission to training approved by the corresponding organizations of education.

      In case of assignment by a state body of a civil servant to study under the state order on programs of postgraduate education, he shall be granted a job (position)-protected leave without pay.

      Civil servants, successfully completed the training shall be issued a document, certifying full mastering of vocational educational program of postgraduate education.

      3. Retraining of persons entered for the first time the administrative public service of corps "B" or for the first time appointed to a leading administrative position of the corps "B", shall be conducted in the Academy of Public Administration and its branches (hereinafter referred to as the branches).

      4. The civil servants of corps "B" of groups of categories “А”, “В”, of categories С-1, С-2, С-3, С-4, С-5, С-О-1, С-О-2, D-1, D-2, D-3, D-O-1, D-O-2, Е-1, Е-2, shall pass retraining in the Academy of Public Administration except for civil servants of categories С-1, С-2, С-3, С-4, С-5, state bodies located in Almaty city, who are allowed to pass retraining in the branch of the Academy of Public Administration.

      The civil servants of "B" of categories С-О-3, С-О-4, С-О-5, С-О-6, C-R-1, C-R-2, C-R-3, C-R-4, C-R-5, D-4, D-5, D-O-3, D-О-4, D-О-5, D-О-6, E-3, E-4, E-5, E-R-1, E-R-2, E-R-3, E-R-4, E-R-5, E-G-1, E-G-2, E-G-3, E-G-4 shall pass retraining in the branches of the Academy of Public Administration.

      Footnote. Paragraph 4 as amended by decree of the Government of the Republic of Kazakhstan dated December 29, 2018 no. 930 (takes effect from the day of its fist official publication).

      5. Civil servants shall be assigned to retraining no later than six months from the date of appointment to the position.

      6. Civil servants for the first time entered to administrative civil service of corps "B", shall pass the retraining in full time and/or combined (full-time - online) forms.

      7. Civil servants for the first time appointed to a leading administrative position of the corps "B", pass the retraining in the full time form. Persons who has at least 1 (one) year of work experience at leading positions in the previous spheres of activities in quasi-public sector and/or at civil service shall be released from the retraining.

      8. The duration of the terms of retraining shall be at least 120 academic hours.

      9. Civil servants, successfully completed the retraining shall be issued a document, certifying the completion of the courses of retraining.

      The document, certifying the completion of the courses of retraining shall indicate the information about the civil servant, who passed the retraining (surname, name, patronymic if any), name of educational institution, where the civil servant passed the retraining, name of the course of retraining, number of academic hours and the period of the courses of retraining, position, surname, name, patronymic if any, signature of the authorized person of the educational institution, number of the certificate of retraining, city, where the retraining took place, and the seal of the educational institution.

      10. If a civil servant passes the retraining off-job, his salary shall be preserved for this period.

Chapter 2. Advanced training of civil servants

      11. Advanced training of political civil servants and of administrative civil servants corps "A" shall be conducted in the Academy of Public Administration.

      12. Administrative civil servants of corps "A" shall pass the advanced training at least once in three year.

      Advanced training shall be conducted on assignment, corresponding to functional duties of a civil servant.

      13. Advanced training of political civil servants and of administrative civil servants corps "A" may be conducted on the training programs of the Academy of Public Administration and its branches with invitation of foreign teachers.

      14. The servants of corps "B" of groups of categories А, В, categories С-1, С-2, С-3, С-4, С-5, С-О-1, С-О-2, D-1, D-2, D-3, D-О-1, D-O-2, Е-1, Е-2 shall pass the advanced training in the Academy of Public Administration.

      The servants of corps "B" of categories С-О-3, С-О-4, С-О-5, С-О-6, C-R-1, C-R-2, C-R-3, C-R-4, C-R-5, D-4, D-5, D-О-3, D-O-4, D-O-5, D-O-6, E-3, E-4, E-5, E-R-1, E-R-2, E-R-3, E-R-4, E-R-5, E-G-1, E-G-2, E-G-3, E-G-4 shall pass the advanced training in the branches of the Academy of Public Administration.

      The employees of the judicial system also may pass the advanced training in the Academy of Justice.

      15. The employees of corps "B" shall pass the advanced training:

      1) at least once in three years;

      2) in the case of receiving the grade “unsatisfactory” for the year within three months based on the results of the evaluation of the performance of employees.

      Advanced training in the events, stipulated by subparagraph 1) of this paragraph shall be conducted on direction, corresponding the functional duties and aimed at development of competencies of a civil servant.

      Advanced training in the events, stipulated by subparagraph 2) of this paragraph, shall be conducted on direction, on which the activities of a civil servant have been recognized unsatisfactory.

      16. The duration of the advanced training shall be from 8 to 80 academic hours except for the advanced training in the foreign and international organizations of education.

      17. Administrative civil servants, passed the retraining courses shall be assigned to advanced training workshops no later than three years from the date of completion of the retraining courses.

      18. Advanced training of civil servants may be conducted under the training programs of the Academy of Public Administration with invitation of foreign teachers.

      19. The civil servants, who successfully passed the advanced training, shall be issued a document certifying the completion of the advanced training.

      The document, certifying the completion of the advanced training shall indicate the information about the civil servant passed the advanced training (surname, name, patronymic if any), name of educational institution, where the civil servant passed the advanced training, name of the course of advanced training, number of academic hours and the period of the courses of direction of advanced training, position, surname, name, patronymic if any, signature of the authorized person of the educational institution, number of the certificate, city, where the advanced training took place, and the seal of the educational institution.

      20. In the event of allocation of funds and technical aid by the international organizations, governments of foreign states or other organizations, or other means, not prohibited by the current legislation of the Republic of Kazakhstan, the state body shall assign to the advanced training a civil servant, whose functional duties comply with the theme of the advanced training.

      21. If a civil servant passes the off-job advanced training, his salary shall be preserved for this period.

Chapter 3. Coordination of training, retraining and advanced training of civil servants

      22. For the purposes of elaboration of offers on improvement of organization of training, retraining and advanced training, the Coordination Board shall be established under the authorized body for civil service affairs. The authorized body for civil service affairs shall approve the regulations and the composition of the Coordination Board.

      23. Human Resources Management services (HR services) of central state bodies, their departments and territorial divisions no later than the 10th day of the month following the reporting quarter, using the integrated information system “e-kyzmet” or other information systems shall submit to the authorized body for civil service affairs a report on civil servants passed retraining and advanced training, in accordance with the form established by the authorized body for civil service affairs.

      Human Resources Management services (HR services) of local executive and representative bodies no later than the 5th day of the month, following the reporting quarter using the integrated information system “e-kyzmet” or other information systems shall submit to the territorial subdivisions of the authorized body for civil service affairs a report on civil servants passed retraining and advanced training, in accordance with the form established by the authorized body for civil service affairs.

Chapter 4. The procedure for work repayment of civil servants who have completed training
in the framework of a state order at a state body and at civil service

      24. A civil servant, after completion of training on the programs of postgraduate education shall perform labour activities at civil service at least for three years unless as otherwise is established by the laws of the Republic of Kazakhstan, in addition, at least one year immediately after completion of training he shall perform labour activities at the state body, assigned him to the training.

      25. The obligation of a civil servant, stipulated by paragraph 24 of the Rules, shall be terminated prematurely without reimbursement of budgetary funds, allocated for his training and costs related to the training in cases:

      1) of death of a civil servant, certified by the corresponding documents;

      2) termination of the civil service on the basis of subparagraph 3) of paragraph 1 of article 61 of the Law of the Republic of Kazakhstan "On the Civil Service of the Republic of Kazakhstan".

      26. A civil servant upon completion of the training on the programs of postgraduate education shall return to the civil service for work repayment no later than 30 (thirty) calendar days from the date of issuance of the document, certifying its completion.

      27. Counting of the term of work repayment in a state body that assigned a civil servant to the training within the framework of a state order on programs of postgraduate education shall start from the moment of issuing an act of a state body on commencement of work by the civil servant who has been preserved the place of work.

      28. In the event of reorganization of a state body, assigned a civil servant to the training, the work repayment shall be performed in the reorganized state body.

      When a state body is reorganized by the leadership of a newly formed state body, a public position shall be proposed to the administrative civil servants of the reorganized state body in accordance with their qualifications.

      The state body to which the functions, powers and (or) staff units of another state body, including the liquidated (abolished) or reorganized state body, are transferred, shall offer the public positions to administrative civil servants, who performed the transferred functions, powers and (or) occupied these staff units according to their qualifications.

      Changing the management structure, renaming positions, reducing the staff of a state body without actually reducing the number and (or) a significant change in working conditions shall not be the grounds for termination of civil service to administrative civil servants.

      In the absence of an equivalent position, with the consent of a civil servant, he may be offered a lower public position as provided for by the staff list of the state body.

      29. In the event of the abolition (liquidation) of the state body that sent the civil servant to the training, the civil servant, after completing the training, shall work in the civil service for three years.

      30. The conditions for work repayment at the civil service and in the state body after completing training at the Academy of Justice, other obligations of a civil servant shall be reflected in the relevant training agreement stipulated by the Rules for admission to the Academy of Justice under the Supreme Court of the Republic of Kazakhstan.

      The conditions for work repayment at the public service and in a state body after completing the training at the Academy of Public Administration, other obligations of a civil servant, including the obligation of a civil servant to study at a doctoral program to defend his doctoral dissertation at the dissertation council for three years after completing his studies, shall be reflected in the relevant agreement for training, provided for in the Rules for admission to the Academy of Public Administration under the President of the Republic of Kazakhstan.

      Failure to perform the abovementioned obligations shall entail reimbursement of budgetary funds by the civil servant to the state, allocated for his study and related costs proportionally to non-performed obligations.

Chapter 5. Other issues of training, retraining and advanced training of civil servants

      31. The authorized body for civil service affairs shall plan the expenses for training, retraining and advanced training in the Academy of Public Administration in accordance with the requirements of the budgetary legislation of the Republic of Kazakhstan.

      32. Local executive bodies shall plan the expenses for training, retraining and advanced training in the Academy of Public Administration in accordance with the requirements of the budgetary legislation of the Republic of Kazakhstan.

      33. Administrators of budgetary programs shall plan the expenses for training, retraining and advanced training of civil servants in accordance with the budgetary legislation of the Republic of Kazakhstan.

      Advanced training be conducted in accordance with the requirements of the state bodies, except for the advanced training in the foreign and international organizations of education.

      In the event of creation of a uniform human resources management service (HR service), the administrator of budgetary program shall be the state body, in which structure it is takes place.

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