On conducting an extraordinary attestation of police officers of the internal affairs bodies of the Republic of Kazakhstan

New Unofficial translation

Decree of the President of the Republic of Kazakhstan dated March 18, 2019 No. 879.

      Unofficial translation

      In accordance with Article 47-1 of the Law of the Republic of Kazakhstan dated January 6, 2011 "On Law Enforcement Service" I HEREBY ORDER:

      1. To form the Higher attestation commission under the President of the Republic of Kazakhstan for conducting an extraordinary attestation of police officers of the internal affairs bodies of the Republic of Kazakhstan (hereinafter - the Commission).

      2. To approve the attached:

      1) Regulation on the Commission;

      2) composition of the Commission;

      3) Rules for conducting extraordinary attestation of police officers of the internal affairs bodies of the Republic of Kazakhstan.

      3. The Administration of the President of the Republic of Kazakhstan, the Ministry of Internal Affairs of the Republic of Kazakhstan shall conduct an extraordinary attestation of police officers of the internal affairs bodies of the Republic of Kazakhstan from October 1, 2019 to March 31, 2020, as well as take other measures arising from this Decree.

      Footnote. Paragraph 3 is in the wording of the Decree of the President of the Republic of Kazakhstan dated 02.04.2019 No. 15.

      4. This Decree shall come into force from the date of its signing.

      President of the Republic of Kazakhstan N. Nazarbayev

  APPROVED
by the Decree of the
President of the
Republic of Kazakhstan
dated March 18, 2019 No. 879

REGULATION on the Higher attestation commission under the President of the Republic of Kazakhstan for conducting an extraordinary attestation of police officers of the internal affairs bodies of the Republic of Kazakhstan

1. General provisions

      1. This Regulation shall determine the legal status and powers of the Higher attestation commission under the President of the Republic of Kazakhstan for conducting an extraordinary attestation of police officers of the internal affairs bodies of the Republic of Kazakhstan (hereinafter - the Commission).

      2. In its activities, the Commission shall be guided by the Constitution, legislative acts of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan, including the Rules for conducting an extraordinary attestation of police officers of the internal affairs bodies of the Republic of Kazakhstan and this Regulation.

2. Tasks of the Commission

      3. The tasks of the Commission shall be:

      1) conducting an extraordinary attestation of:

      the chairmen of the committees of administrative police, migration service and their deputies;

      heads of departments of the central office of the Ministry of Internal Affairs of the Republic of Kazakhstan and their deputies;

      chiefs of police departments of regions, cities of republican significance, the capital city, transport, as well as their deputies;

      heads of Almaty, Karaganda, Kostanay academies, Aktobe Law Institute and their deputies;

      2) organization and coordination of conducting an extraordinary attestation of police officers of the internal affairs bodies of the Republic of Kazakhstan.

      Footnote. Paragraph 3 as amended by the Decree of the President of the Republic of Kazakhstan dated September 19, 2019 No. 164.

3. Rights of the Commission

      4. The Commission shall have the right to:

      1) request the necessary information from state bodies and organizations on the issues related to the competence of the Commission;

      2) involve, as necessary, officials and specialists of state bodies, as well as representatives of interested organizations;

      3) hear the attested employees, as well as representatives of state bodies and other organizations on the issues related to the competence of the Commission at meetings;

      4) carry out other rights necessary for implementation of the tasks assigned to the Commission.

4. Organization of activities of the Commission

      5. The Chairman of the Commission shall be the Head of the Administration of the President of the Republic of Kazakhstan, in case of his/her absence, the performance of duties shall be assigned to the deputy Chairman of the Commission.

      6. Chairman of the Commission shall:

      1) carry out general management of activities of the Commission;

      2) determine the venue and time of meetings of the Commission;

      3) preside over the meetings of the Commission;

      4) give binding instructions to the members of the Commission.

      7. Members of the Commission shall have the right to:

      1) make proposals on the work schedule of the Commission;

      2) take part in discussion of the issues considered at the meeting of the Commission.

      8. The Secretary of the Commission shall carry out organizational support for its work and be not entitled to take part in voting.

      9. A meeting of the Commission shall be considered competent if attended by at least two thirds of its members.

      The decisions of the Commission shall be adopted by a simple majority of votes of the total number of members of the Commission present at the meeting. In case of equality of votes, the vote of the Chairman of the Commission shall be decisive.

      10. The adopted decision of the Commission shall be drawn up in a minutes signed by the Chairman and secretary of the Commission and expressing the opinion of members of the Commission.

      11. The working body of the Commission shall be the Department of the law enforcement system of the Security Council of the Republic of Kazakhstan.

  APPROVED
by the Decree of the
President of the
Republic of Kazakhstan
dated March 18, 2019 No. 879

COMPOSITION of the Higher attestation commission under the President of the Republic of Kazakhstan for conducting an extraordinary attestation of police officers of the internal affairs bodies

of the Republic of Kazakhstan

      Footnote. Composition as amended by the Decree of the President of the Republic of Kazakhstan dated July 22, 2019 No. 74.

      Head of the Administration of the President of the Republic of Kazakhstan, Chairman

      assistant of the President - Secretary of the Security Council of the Republic of Kazakhstan, deputy Chairman

      Deputy Head of the Administration of the President of the Republic of Kazakhstan

      Head of the Executive Office of the President of the Republic of Kazakhstan

      General Prosecutor of the Republic of Kazakhstan

      Chairman of the Committee for national security of the Republic of Kazakhstan

      Chairman of the Anti-corruption Agency of the Republic of Kazakhstan (Anti-corruption service)

      Minister of Internal Affairs of the Republic of Kazakhstan

      head of the Department of law enforcement system of the Security Council of the Republic of Kazakhstan, secretary

  APPROVED
by the Decree of the
President of the
Republic of Kazakhstan
dated March 18, 2019 No. 879

RULES
for conducting an extraordinary attestation of police officers of the internal affairs bodies of the Republic of Kazakhstan

      Footnote. The Rules are in the wording of the Decree of the President of the Republic of Kazakhstan dated 09.19.2019 No. 164.

1. General provisions

      1. These Rules for conducting an extraordinary attestation of police officers of the internal affairs bodies of the Republic of Kazakhstan (hereinafter-the Rules) shall determine the procedure for conducting an extraordinary attestation of police officers of the internal affairs bodies of the Republic of Kazakhstan (hereinafter- the employees).

      2. Police officers listed in subparagraph 1) of paragraph 3 of the Regulation on the Higher attestation commission under the President of the Republic of Kazakhstan for conducting an extraordinary attestation of police officers of the internal affairs bodies of the Republic of Kazakhstan, approved by this Decree, shall be subject to attestation, with the exception of women from among the employees during their pregnancy and parental leave.

2. Organization of preparation for conducting an attestation

      3. The main evaluation criteria during an extraordinary attestation shall be:

      1) the ability of employees to perform the duties assigned to them and results of their work;

      2) the level of knowledge and practical skills.

      4. Attestation includes three stages:

      1) preparation for conducting an attestation;

      2) an interview with the employees conducted by the Higher attestation commission under the President of the Republic of Kazakhstan for conducting an extraordinary attestation of police officers of the internal affairs bodies of the Republic of Kazakhstan (hereinafter - the Commission);

      3) making a decision by the Commission.

      5. The personnel department shall notify the employees in writing about the terms of conducting an extraordinary attestation no later than a month before the start of its conduct.

      6. The head of the employee subject to attestation draws up his/her performance characteristics in the form according to Appendix 1 to these Rules, familiarizes him/her and, no later than ten days before the date of conducting an attestation, sends it to the appropriate personnel department.

3. Conducting an attestation

      7. At the meeting of the Commission, an interview shall be conducted with the attested employee. The interview shall be subject to writing in shorthand.

      The employees who were absent at the meeting of the Commission for good reasons shall undergo an extraordinary attestation upon entering the service.

      If the employee fails to appear at the meeting of the Commission without good reason, the attestation commission shall make a decision provided for in subparagraph 5) of paragraph 8 of these Rules.

      8. Based on the results of the interview, the Commission shall make one of the following decisions:

      1) corresponds to the position held and is recommended for enrolment to the personnel reserve or promotion to a higher position*;

      2) corresponds to the position held;

      3) does not correspond to the position held and is recommended for demotion;

      4) does not correspond to the position held and is recommended for transfer to another service (position);

      5) does not correspond to the position held and is recommended for dismissal from the internal affairs bodies.

      9. Decisions of the Commission shall be adopted by voting, which is carried out by filling out voting sheets by members of the Commission at a meeting.

      The decision of the Commission shall be drawn up in a minutes within three working days.

      10. The personnel department enters the decision of the Commission into the employee's attestation sheet in the form according to Appendix 2 to these Rules.

      The employee gets acquainted with the decision of the Commission under the signature within five working days from the date of its adoption.

      11. An employee who has not passed an extraordinary attestation and (or) refused to continue serving in the internal affairs bodies in other, including lower-ranking positions, shall be subject to dismissal in the manner prescribed by the Law of the Republic of Kazakhstan "On Law Enforcement Service" (hereinafter - the Law).

4. Appeal against the decision of the attestation commission

      12. The decisions of the Commission can be appealed in the manner prescribed by the Law.

      Note:* - employees for whom a decision was made at a meeting of the Commission on subparagraph 1) of paragraph 8 of these Rules may be recommended for enrolment in the Presidential reserve.

  Appendix 1
to the Rules for conducting
an extraordinary attestation of
police officers of the
internal affairs of the
Republic of Kazakhstan

A typical form of the employee's performance characteristics, subject to extraordinary attestation
(to be filled in by the employee's direct supervisor)

      S. N. P. of the employee ______________________________________________

      Position _____________________________________________________

      Date of appointment _________________________________________________

      Title _________________________________________________________

      1. Performance of official duties (a list of main issues in solution of which the employee took part is provided; the effectiveness and conscientiousness of performance of official duties, creative initiative, work with citizens, etc. are assessed).

      2. Knowledge of strategic and program documents in the sphere of the state body activities, application of professional knowledge, as well as, the use of communication and information technologies if it is part of the job duties (knowledge of strategic and program documents, the level of professional knowledge, knowledge of communication and information technologies, their use in the work, etc. is characterized).

      3. Compliance with the law, including anti-corruption legislation, ethics of civil servants, as well as labor discipline, internal official regulations (information on disciplinary sanctions, compliance with the law, including anti-corruption legislation, etc. are indicated).

      4. Personal qualities (personal qualities of an employee are characterized: communication skills, the ability to work with citizens, psychological stability, the ability to self-improvement, etc.).

      5. Final assessment of the employee's activities (the opinion of direct supervisor about the employee is indicated: does he/she correspond to the position held or not, can he/she be recommended to a higher or lower position).

      6. The results of work of the division headed by the attested person or the division supervised by him/her, including information on the state of counteraction to corruption.

      7. Other information.

      S. N. P. of the head _______________________________________

      Position ___________________ Title ________________

      Date "____" ___________ 20__

      S.P.

      Acquainted: _______________________ Date ___________________

      (S. N. P. of the employee, signature)

  Appendix 2
to the Rules for conducting
an extraordinary attestation of
police officers of the
internal affairs of the
Republic of Kazakhstan

Typical form of the attestation sheet of a police officer subject to extraordinary attestation

      1. Surname, name, patronymic _________________________________________

      2. Date of birth ____ ____________ _______ year

      3. Education ___________________________________________________

      4. Specialty _________________________________________________

      5. Position held at the time of an extraordinary attestation ___________

      6. Title ____________________

      7. Decision of the extraordinary attestation commission ____________________

      8. Other information _________________________________________________

      Chairman of the extraordinary attestation commission _________________

      (signature)

      Secretary of the extraordinary attestation commission ____________________

      (signature)

      Date of the extraordinary attestation "___" _________ 20__

      Acquainted with the attestation sheet _______________________________

      (employee’s signature and date)

      S. P.

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