On the civil service of the Republic of Kazakhstan

New Unofficial translation

The Law of the Republic of Kazakhstan dated 23 November 2015 № 416-IV LRK

On the civil service of the Republic of Kazakhstan

      Unofficial translation
      This Law governs social relations associated with joining the civil service of the Republic of Kazakhstan, with its performance, termination, defines the legal status, financial security and social protection of civil servants, as well as the activity of other persons working for state bodies.

Chapter 1. GENERAL PROVISIONS

Article 1. Basic definitions used in this Law

      The following basic definitions are used in this Law:
      1) corps “A” – administrative civil service positions at the management level, for which a special procedure for selection to the personnel reserve, competitive selection, performance and termination of the civil service is provided, as well as special qualification requirements;
      2) the personnel reserve of corps “A” administrative civil service - a systematized list of citizens of the Republic of Kazakhstan applying for vacant or temporarily vacant corps “A” administrative civil service positions, which is formed in the manner prescribed by the legislation of the Republic of Kazakhstan;
      3) corps “B” – administrative civil service positions not included in corps “A”;
      4) bonus - a monetary payment to civil servants subsequent to the results of assessment of their efficiency in the manner prescribed by the legislation of the Republic of Kazakhstan;
      5) qualification requirements - requirements to the education, work experience and competencies of citizens applying for a civil service position;
      6) the civil service of the Republic of Kazakhstan (hereinafter referred to as the civil service) – the activity that civil servants perform in the state bodies to exercise their official powers, which is aimed at the implementation of tasks and functions of the state power;
      7) competencies - the total of knowledge, skills and experience required to efficiently perform professional activity required by a particular civil service position;
      8) an official - a person who permanently, temporarily or by special authority exercises functions of a representative of state power or performs organizational and managerial, administrative and economic functions in the state bodies;
      9) official powers - rights and duties envisaged by a particular civil service position that meet the goals and tasks faced by state bodies for which civil servants work;
      9-1) career planning - a process aimed at determining stages of career advancement and professional development of a corps “A” administrative civil servant;
      10) an administrative civil servant - a civil servant who carries out his/her activity on a permanent professional basis, except for cases stipulated by laws of the Republic of Kazakhstan and acts of the President of the Republic of Kazakhstan;
      11) the category of an administrative civil service position– a set of administrative civil service positions with relevant qualification requirements;
      12) a civil servant - a citizen of the Republic of Kazakhstan, who holds a civil service position in a state body under the legislation of the Republic of Kazakhstan, which is paid for from the republican or local budgets or from the funds of the National Bank of the Republic of Kazakhstan and exercises official powers to implement the tasks and functions of the state;
      13)civil service ethics (hereinafter referred to as service ethics) - rules of conduct of civil servants prescribed by this Law and the Civil Service Code of the Republic of Kazakhstan;
      14) the authorized body for civil service affairs (hereinafter referred to as the authorized body) - a central executive body implementing the single state policy in the sphere of the civil service;
      15) a civil service position - a staffing structure unit of a state body that is entrusted with a range of official powers established by regulatory legal acts;
      16) a political civil servant – a civil servant, whose appointment (selection), dismissal and activity are associated with policymaking, who is responsible for implementation of political goals and objectives;
      17) conflict of interest - a contradiction between personal interests of a civil servant and his/her official powers, which may lead to the failure or improper performance of official powers by a civil servant because of personal interests;
      18) a mentor - a civil servant assigned to render practical assistance in professional adaptation to another civil servant admitted to the civil service for the first time;
      19) a lower position – a civil service position of administrative civil servants of corps “B”, the category of which, according to the register of positions, is inferior to the categories of positions envisaged by the staffing structure of a state body;
      20) a temporarily vacant civil service position - a civil service position temporarily vacant in connection with the secondment of a civil servant holding this civil service position, his/her being on a social leave or training within a state order, as well as his/her absence from the workplace for more than two months in a row due to illness, if the latter is included in the list of diseases, approved by the state health care authority, for which a longer period of incapacity for work is set;
      21) an authorized commission - a commission for considering the admission of citizens of the Republic of Kazakhstan to the administrative civil service, its performance and termination, as well as involvement of foreign employees in state bodies, whose status and composition are approved by the President of the Republic of Kazakhstan;
      22) premium – monetary payment in addition to the official salary, set for a corps “B” administrative civil servantaccording to the procedure established by the legislation of the Republic of Kazakhstan;
      23) secondment - civil servants’ holding of civil service positions in other state bodies, foreign missions of the Republic of Kazakhstan and other institutions with concurrent security of their previous place of employment (civil service position) according to the procedure established by the legislation of the Republic of Kazakhstan.
      Footnote. Article 1 as amended by the Law of the Republic of Kazakhstan dated 06.04.2016 № 484-V (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 2. Legislation of the Republic of Kazakhstan on the civil service

      1. The Constitution of the Republic of Kazakhstan, the Labor Code of the Republic of Kazakhstan, this Law and other regulatory legal acts of the Republic of Kazakhstan provide the legal framework for the civil service.
      2. If an international treaty ratified by the Republic of Kazakhstan establishes rules other than those stipulated by this Law, the rules of the international treaty shall apply.

Article 3. Scope of this Law

      1. This Law shall apply to:
      1) all civil servants, except for cases when the Constitution, constitutional laws or other legislative acts of the Republic of Kazakhstan define a different legal status for them;
      2) administrative civil servants appointed by local representative bodies or selected in accordance with the laws of the Republic of Kazakhstan, to the extent not regulated by the laws of the Republic of Kazakhstan and acts of the President of the Republic of Kazakhstan;
      3) civil servants performing the law enforcement service with peculiarities stipulated by legislative acts of the Republic of Kazakhstan on the law enforcement service.
      2. This Law shall not apply to:
      1) persons performing the maintenance and ensuring the functioning of state bodies;
      2) employees and technical employees of the National Bank of the Republic of Kazakhstan and its departments;
      3) persons working for state bodies on the basis of an employment contract in accordance with the labor legislation of the Republic of Kazakhstan, including foreign employees of state bodies.

Article 4. Basic principles of the civil service

      1. The civil service in the Republic of Kazakhstan is based on principles such as:
      1) legality;
      2) Kazakhstani patriotism;
      3) the unity of the civil service system, regardless of the state power’s division into legislative, executive and judicial branches;
      4) priority of the rights, freedoms and legitimate interests of citizens over the interests of the state;
      5) efficiency, effectiveness, transparency in the activity of state bodies;
      6) the equal right of each citizen to be admitted to the civil service;
      7) citizens’ voluntary joining the civil service;
      8) professionalism of civil servants;
      9) meritocracy - recognition of personal merits and achievements of a civil servant, his/her advancement in the civil service career in accordance with his/her abilities and professional training;
      10) mandatory implementation of decisions made by higher state bodies and officials within their authority by subordinate civil servants and civil servants of lower state bodies;
      11) controllability and accountability of civil servants;
      12) a civil servant’s personal responsibility for failure to perform or improper performance of official duties and his/her abuse of office;
      13) ethicality;
      14) intolerance to legal offences;
      15) due consideration for public opinion and publicity, except for the activity falling under state classified information or constituting other secrets protected by law;
      16) legal and social protection of civil servants;
      17) equal pay for the performance of equivalent work;
      18) incentives for civil servants for exemplary performance of official duties, impeccable civil service, fulfillment of tasks of special importance and complexity;
      19) continuous training of civil servants and development of required competencies;
      20) practice-oriented training, retraining and advanced training of civil servants.
      2. No political parties may be established within state bodies. Exercising their official powers, civil servants shall obey the requirements of the legislation of the Republic of Kazakhstan and not be connected with decisions of political parties, public associations and their bodies.

Article 5. The authorized body

      1. The unified system of bodies for civil service affairs comprises the authorized body, its administration, territorial subdivisions, organizations subordinate to the authorized body.
      Territorial divisions carry out their activity within the competence established by the authorized body in accordance with the legislation of the Republic of Kazakhstan.
      2. The authorized body:
      1) develops proposals on improving the legislation of the Republic of Kazakhstan on the civil service and also adopts regulatory legal acts within its competence according to the procedure established by the legislation of the Republic of Kazakhstan;
      2) develops and approves standard qualification requirements to categories of administrative civil service positions;
      3) monitors the state of the active list of political and administrative civil servants, as well as political and administrative civil service positions of the civil service, including general coordination of the formation of a single automated database (information system) of the civil service personnel;
      4) forms the personnel reserve of the corps “A” administrative civil service;
      5) determines the procedure, programs, organization of testing of administrative civil servants, candidates for administrative civil service positions and citizens entering the law enforcement service in accordance with the legislation of the Republic of Kazakhstan;
      6) develops and submits for the approval of the President of the Republic of Kazakhstan a register of positions of political and administrative civil servants and also as acts in accordance with this Law;
      7) develops and submits for the approval of the President of the Republic of Kazakhstan acts defining the status and powers of executive secretaries and heads of administrative offices of ministries and central state bodies;
      7-1) develops the procedure for seconding civil servants to international and other organizations;
      7-2) develops the procedure for calculating civil servants’ length of service entitling them to get an official salary;
      7-3) develops the order of career planning for corps “A” administrative civil servants;
      7-4) annually elaborates the National report on the state of civil service in the Republic of Kazakhstan and submits it to the Government of the Republic of Kazakhstan according to the procedure established by the legislation of the Republic of Kazakhstan for further submission to the President of the Republic of Kazakhstan;
      8) coordinates state bodies’ activity for training, retraining and advanced training of administrative civil servants, also beyond the country;
      9) coordinates the formation and placement of a state order for the training, retraining and advanced training of administrative civil servants;
      10) in accordance with the legislation of the Republic of Kazakhstan on observance of the legislation of the Republic of Kazakhstan on the civil service by state bodies, exercises state control over civil servants’ observance of service ethics and the quality of public services’ delivery;
      11) sets the competition procedure for taking up an administrative civil service position;
      12) coordinates the appointment to an administrative civil service position in terms of compliance of a candidate with the qualification requirements;
      13) sets the procedure for the development and approval of the job description of an administrative civil servant;
      14) approves model regulations on the personnel management service (personnel department);
      15) develops and approves standard forms of personnel record management of the administrative civil service;
      16) introduces proposals to officials and state bodies to revoke their decisions made in violation of this Law and other regulatory legal acts of the Republic of Kazakhstan;
      17) submits for mandatory consideration of state bodies, within their competence, recommendations for rectifying violations found as a result of civil service inspections in accordance with the legislation of the Republic of Kazakhstan;
      18) participates in drafting international agreements on civil service issues;
      19) assesses the effectiveness of state bodies’ personnel management;
      20) coordinates and carries out methodological management of personnel management services (personnel departments);
      21) looks into complaints of natural and legal persons about actions (inaction) and decisions of state bodies or officials relating to the violation of the legislation of the Republic of Kazakhstan on the civil service, and also the observance of the service ethics;
      22) coordinates the activity of state bodies in organizing internships for administrative civil servants;
      23) exercises other functions stipulated by this Law, other regulatory legal acts of the Republic of Kazakhstan.
      3. In the regions, cities of republican significance, the capital, the authorized body has ethics councils, regulations for which are approved by the President of the Republic of Kazakhstan upon the recommendation of the authorized body.
      4. Decisions of the authorized body and its territorial subdivisions shall be documented in the form of orders.
      Footnote. Article 5 as amended by the Law of the Republic of Kazakhstan dated 06.04.2016 № 484-V (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 6. Personnel management service (personnel department)

      1. Personnel management service (personnel department) within its competence:
      1) coordinates the activity of structural units of a state body for implementation of the legislation of the Republic of Kazakhstan on the civil service;
      2) makes arrangements for the activity of disciplinary, competition and other commissions on personnel issues;
      3) ensures compliance with procedures for assessing the activity of administrative civil servants, competitive selection, career advancement of civil servants, internal investigations, bringing civil servants to disciplinary responsibility, dismissal of civil servants;
      4) organizes the selection of personnel, draws up documents relating to the civil service career of civil servants, records the personal data of civil servants, information on the results of assessment of administrative civil servants’ performance and training, including in the single automated database (information system) of the civil service personnel;
      5) ensures compliance with restrictions related to holding a civil service position;
      6) organizes internships, mentoring, performance assessment, training, retraining and advanced training of civil servants in accordance with the established deadlines, develops the procedure for civil servants’ remuneration;
      7) exercises other powers established by the legislation of the Republic of Kazakhstan.
      2. The personnel management service (personnel department) is institutionally independent of other structural subdivisions of a state body, it is in immediate subordination to the executive secretary or head of the administrative office, or to the head of a state body without positions of executive secretary and head of the administrative office.
      3. In the regions, cities of republican significance, the capital, districts, cities, it is allowed to set up, in accordance with the legislation of the Republic of Kazakhstan on the civil service, a single personnel management service (personnel department) for executive bodies financed from the budgets of respective administrative territorial units. The single personnel management service (personnel department) of executive bodies of the regions, cities of republican significance, the capital, districts, cities financed from local budgets is set up by the decision of an official (official body) authorized to appoint heads of these executive bodies.
      Regional and city territorial subdivisions of a central state body and its department are allowed to set up a single personnel management service (personnel department) in the interregional or regional territorial subdivision of a central state body and its department. The single personnel management service (personnel department) of district and city territorial subdivisions is set up by the decision of the head of the interregional or regional territorial subdivision of a central state body and its department or higher authority.

Article 7. Classification of civil service positions of civil servants

      1. Civil service positions of civil servants shall be established in accordance with the Constitution, laws of the Republic of Kazakhstan and acts of the President of the Republic of Kazakhstan and other regulatory legal acts of the Republic of Kazakhstan.
      2. Categories of civil service positions are established for administrative civil servants. No categories of civil service positions are established for political civil servants.
      3. The register of positions of political and administrative civil servants is approved by the President of the Republic of Kazakhstan upon the recommendation of the authorized body.

Chapter 2. LEGAL STATUS OF CIVIL SERVANTS

Article 8. Status of civil servants and their legal guarantees

      The status of a civil servant includes general rights, freedoms and duties of a civil servant as a citizen of the Republic of Kazakhstan with restrictions established by laws of the Republic of Kazakhstan related to holding a civil service position, as well as rights, duties and responsibilities arising from the specific nature of the civil service.
      Citizens of the Republic of Kazakhstan acquire the status of a civil servant the moment they are appointed or selected to a civil service position and lose it the moment their civil service is terminated according to the procedure established by the legislation of the Republic of Kazakhstan on the civil service.

Article 9. Basic rights of civil servants

      A civil servant has the right to:
      1) enjoy the rights and freedoms guaranteed to the citizens of the Republic of Kazakhstan by the Constitution and laws of the Republic of Kazakhstan;
      2) legal and other protection in accordance with the legislation of the Republic of Kazakhstan when they report reliable cases of corruption offences, that have become known to him/her, to the leadership of the state body for which they work and (or) the law enforcement bodies;
      3) labor and health protection, safe working conditions required for efficient performance;
      4) social and legal protection;
      5) participate, within their official powers, in the consideration of issues and making decisions on them, to require their execution of relevant bodies and officials;
      6) visit organizations for the performance of official powers in accordance with the established procedure;
      7) require his/her chief to precisely define the tasks and scope of official powers required by the civil service position he/she holds;
      8) the respect for human dignity, fair and respectful attitude towards him/her from chiefs, other officials and citizens;
      9) be remunerated and paid depending on the civil service position he/she occupies, the quality of work, experience and other grounds established by this Law;
      10) training, retraining and advanced training at the expense of the relevant budget and funds of the National Bank of the Republic of Kazakhstan;
      11) have the place of his/her employment (civil service position) secured in case a state body arranges his/her postgraduate education within the state order in accordance with the legislation of the Republic of Kazakhstan or in the case of his/her internship, and also in other cases stipulated by laws of the Republic of Kazakhstan;
      12) freely familiarize himself/herself with materials concerning his/her career in the civil service, and, if necessary, give personal explanations;
      13) career advancement in the civil service with account of qualification, competencies, abilities, merits and conscientious performance of his/her duties;
      14) demand an internal investigation in the presence of charges, which he/she believes to be ungrounded;
      15) voluntary resignation from the civil service, except for cases of consideration of his/her responsibility for a corruption offence or disciplinary offence discrediting the civil service;
      16) pension and social security;
      17) receive, in due course, information and materials necessary for the exercise of official powers;
      18) submit proposals on the civil service improvement to higher state bodies and officials.
      Other rights of a civil servant may be established by laws of the Republic of Kazakhstan and acts of the President of the Republic of Kazakhstan.

Article 10. Basic duties of civil servants

      Civil servants are obliged:
      1) to observe the Constitution and legislation of the Republic of Kazakhstan;
      2) to take the oath of a civil servant according to the procedure approved by the President of the Republic of Kazakhstan;
      3) to ensure compliance with and protection of the rights, freedoms and legitimate interests of citizens and legal entities, to consider their appeals in accordance with the procedure and within the time limits established by the legislation of the Republic of Kazakhstan and take necessary measures on them;
      4) to perform functions in accordance with their official powers;
      5) to be impartial and independent of the activity of political parties, public and religious associations in the exercise of official powers;
      6) to observe service discipline;
      7) to observe the restrictions established by the laws of the Republic of Kazakhstan;
      8) to comply with the service ethics;
      9) to fulfill orders and instructions of chiefs, higher authorities’ and officials’ decisions and orders issued within their official powers;
      10) to keep state classified information and other secrets protected by law, also after the termination of the civil service, within the time period established by law, which they acknowledge in writing;
      11) not to disclose information received in the course of exercising official powers, which affects the privacy, honor and dignity of citizens, and not to require them to provide such information, except for cases stipulated by laws of the Republic of Kazakhstan;
      12) to ensure the preservation of state property, to use the entrusted state property only for official purposes;
      13) to immediately inform the leadership of a state body they work for and (or) law enforcement bodies of cases of corruption offences that have become known to them;
      14) to improve their proficiency level and qualifications for effective performance of their official duties;
      15) to work for the state body, that arranged their postgraduate education within the state order, immediately after its completion, as well as in the civil service in the manner and within terms determined by the Government of the Republic of Kazakhstan in coordination with the Administration of the President of the Republic of Kazakhstan. Failure to comply with this obligation entails reimbursement of state budget funds allocated by the state for the training of a civil servant and those related to training expenses in proportion to unfulfilled obligations;
      16) to ensure information security in the process of working with information resources of a state body in accordance with the legislation of the Republic of Kazakhstan.
      Other duties of civil servants may be established by laws of the Republic of Kazakhstan and acts of the President of the Republic of Kazakhstan.
      Footnote. Article 10 as amended by the Law of the Republic of Kazakhstan dated 03.07.2017 № 86-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 11. Basic functions of political civil servants who are heads of state bodies, akims of regions, cities of republican significance and the capital

      1. The functional duties of political civil servants are determined by the laws of the Republic of Kazakhstan and acts of the President of the Republic of Kazakhstan, regulations on a relevant state body and assignment of responsibilities.
      2. Basic functions of political civil servants, who are chief executives of state bodies, and akims of regions, cities of republican significance and the capital include:
      1) identification of the objectives of a state body, development of the respective territory;
      2) adoption of decisions that contribute to the development, identification and implementation of state policy;
      3) cooperation with the heads of foreign diplomatic missions in coordination with the authorized body for foreign policy;
      4) representation of a state body in the Parliament of the Republic of Kazakhstan and other state bodies and organizations;
      5) regulation and evaluation of the implementation of state, government programs and other projects;
      6) other functions stipulatedby the Constitution, laws of the Republic of Kazakhstan and acts of the President of the Republic of Kazakhstan.

Article 12. Powers of executive secretaries, heads of administrative offices of central state bodies and administrative offices of akims of regions, cities of republican significance and the capital

      1. The status and powers of executive secretaries of ministries shall be established by the President of the Republic of Kazakhstan.
      2. The powers of heads of administrative offices of central state bodies include:
      1) organization of implementation of the objectives assigned to a state body;
      2) organization, coordination and control over the activity of structural units of state bodies within their competence;
      3) approval of regulations for structural subdivisions of a state body;
      4) appointment of corps “B” administrative civil servants of a state body to civil service positions and dismissal from civil service positions, unless otherwise provided for by laws of the Republic of Kazakhstan;
      5) implementation of general management of the activity of the disciplinary and competition commissions of a state body;
      6) exercise of control over observance of service discipline;
      7) handling of issues of business travels, granting of vacations, financial assistance, training, retraining and advanced training, incentives, payment of premiums to civil servants of a state body, except for employees whose labor relations are within the competence of higher officials;
      8) resolution of issues of disciplinary responsibility of civil servants of a state body, except for employees whose labor relations are within the competence of higher officials;
      9) enforcement of the requirements of the legislation of the Republic of Kazakhstan on combating corruption within their competence;
      10) control over implementation of decisions taken by political civil servants of the state body;
      11) exercise of other powers conferred by laws and other regulatory legal acts of the Republic of Kazakhstan.
      3. The powers of heads of administrative offices of akims of the regions, cities of republican significance and the capital are established by the Law of the Republic of Kazakhstan “On Local Government Administration and Self-Government in the Republic of Kazakhstan”.
      4. It is not allowed to entrust executive secretaries, heads of administrative offices of central state bodies, heads of administrative offices of akims of the regions, cities of republican significance and the capital with duties of chief executives of central state bodies (local executive bodies of the regions, cities of republican significance and the capital), as well as chief executives of central state bodies (local executive bodies of the regions, cities of national significance and the capital) and their deputies - with duties of executive secretaries, heads of administrative offices of central state bodies, heads of administrative offices of akims of the regions, cities of republican significance and the capital.
      5. Powers of heads of administrative offices of law enforcement bodies are determined by their chief executives.
      6. Executive secretaries, heads of administrative offices of central state bodies and of administrative offices of akims of the regions, cities of republican significance and the capital bear personal responsibility for the performance of official powers stipulated by this article.
      7. In case of failure to perform or improper performance of functions and powers by executive secretaries, heads of administrative offices of central state bodies, heads of administrative offices of akims of the regions, cities of republican significance and the capital, heads of central state bodies of the Republic of Kazakhstan, akims of the regions, cities of republican significance and the capital have the right to raise the issue of further holding of a civil service position by these persons in the manner prescribed by the President of the Republic of Kazakhstan.
      Footnote. Article 12 as amended by the Law of the Republic of Kazakhstan dated 11.07.2017 № 91-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 13. Restrictions related to holding a civil service position

      1. A civil servant shall not be entitled to:
      1) be a deputy of the representative body;
      2) engage in other paid activity, except for pedagogical, scientific and other creative activities;
      3) engage in entrepreneurial activity, including participation in the management of a commercial organization, regardless of its institutional and legal form, if direct participation in the management of a commercial organization is not part of his/her official powers in accordance with the legislation of the Republic of Kazakhstan;
      4) represent third parties in the state body, for which he/she works, or which is directly subordinate to him/her, or is under his/her control;
      5) use, for non-official purposes, the means of material, technical, financial and information support of his/her official activity, other state property and official information;
      6) participate in actions that impede normal operation of state bodies and performance of official duties, including strikes;
      7) use, for personal purposes, the services of citizens and legal entities in connection with the execution of official powers.
      2. Within a month after taking up a civil service position, a civil servant, according to the procedure established by the legislation of the Republic of Kazakhstan, shall, for the period of performing the civil service, transfer for trust management his/her shares, stakes (stake) in the authorized capital of commercial organizations and other property, the use of which entails the receipt of income, except for money legally owned by this person and also property transferred into property lease. The contract for trust property management shall be notarized. A copy of the notarized contract for trust property management is submitted by a civil servant within ten days from the date of notarization to the personnel management service (personnel department) at the place of employment.
      3. Civil servants, except for members of the Government of the Republic of Kazakhstan, the Chairman and members of the Constitutional Council of the Republic of Kazakhstan, may not transfer for trust management their bonds, equity units of open and interval mutual funds.
      4. A civil servant has the right to receive income from property transferred for trust management.
      Civil servants, except for members of the Government of the Republic of Kazakhstan, the Chairman and members of the Constitutional Council of the Republic of Kazakhstan, have the right to transfer their dwelling places into property lease.
      5. The rules for transfer for trust management of civil servants’ property are approved by the Government of the Republic of Kazakhstan.
      6. The Chairman of the National Bank of the Republic of Kazakhstan and his/her deputies shall, within a month from the date of appointment to these civil service positions, transfer for trust management the units of investment funds, bonds and shares of commercial organizations and submit a copy of the notarized contract for trust management to the personnel management service of the National Bank of the Republic of Kazakhstan.
      The Chairman of the National Bank of the Republic of Kazakhstan and his/her deputies are not entitled to purchase shares of investment funds, bonds, shares of commercial organizations.
      7. A civil servant may not occupy a civil service position that is directly subordinate to the position held by his/her close relatives (parents (parent), children, adoptive parents, adoptive children, full-blood and half-siblings, grandparents, grandchildren) or husband (wife), except for cases stipulated by the legislation of the Republic of Kazakhstan.

Chapter 3. ADMISSION TO THE CIVIL SERVICE

Article 14. Admission to the political civil service

      1. Citizens enter the political civil service as a result of appointment or selection, and also in other cases in the manner and under conditions prescribed by the legislation of the Republic of Kazakhstan.
      2. A political civil service position is taken up after receiving approval required to occupy this position in cases stipulated by laws and other regulatory legal acts of the Republic of Kazakhstan and obtaining positive results of a background check.
      3. The President of the Republic of Kazakhstan may set additional requirements to admission to the political civil service.
      4. Political civil servants are prohibited from concurrent holding of administrative civil service positions.

Article 15. Admission to the administrative civil service

      1. An administrative civil service position is taken up on a competitive basis, except for cases stipulated by this Law, and also in the event of appointment by local representative bodies or selection in accordance with the laws of the Republic of Kazakhstan.
      2. Appointment of citizens entering the civil service for the first time or re-entering it after the termination of the civil service is made subsequent to positive results of a background check.
      3. Current judges, deputies of the Parliament, deputies of the maslikhats working on a permanent basis, as well as political civil servants, international employees, judges who terminated their powers after serving for at least six months, except for those who terminated them for cause, may take up administrative civil service positions of corps “A” and “B” by the decision of the authorized commission in accordance with the legislation of the Republic of Kazakhstan on the civil service without being selected to the personnel reserve and participating in a competition.
      The President of the Republic of Kazakhstan has the right to appoint persons mentioned in part one of paragraph 3 of this article to administrative civil service positions of corps “A”, appointments to which are made by him, without selection to the personnel reserve and the authorized commission’s decision.
      Administrative civil servants of corps “A” meeting the established qualification requirements may take up administrative civil service positions of corps “B” without participating in a competition in coordination with the authorized body.
      Note.
      In this article, citizens of the Republic of Kazakhstan are deemed to be international employees, if they are not civil servants, perform their activity in international organizations and are recognized as international employees in accordance with international treaties ratified by the Republic of Kazakhstan.
      Footnote. Article 15 с изменениями, внесенными законами РК dated 06.04.2016 № 484-V (shall be enforced from 01.01.2016); dated 20.12.2016 № 33-VІ (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 16. Requirements to entering the civil service

      1. Citizens of the Republic of Kazakhstan who meet qualification requirements and have competencies, health and educational background allowing to perform official duties entrusted to them and who haven’t reached the retirement age established by the law of the Republic of Kazakhstan are eligible for the civil service.
      The age limit, stipulated in part one of this paragraph, does not apply to political civil service positions, the terms of powers for which are established by the Constitution and laws of the Republic of Kazakhstan.
      In other cases, not stipulated in this article, a person who has reached the retirement age may be appointed to a political civil service position only by the President of the Republic of Kazakhstan.
      Restrictions on the age of citizens applying for law enforcement positions are established by the laws of the Republic of Kazakhstan.
      2. Citizens first entering the law enforcement service, except for those who enter educational institutions of law enforcement bodies, are tested by the authorized body, including their personal qualities assessment, in the manner and within the time established by the authorized body in coordination with law enforcement bodies.
      3. A citizen may not be admitted to the civil service, if:
      1) he/she is under eighteen years of age, unless other requirements are established by the legislation of the Republic of Kazakhstan with regard to respective civil service positions;
      2) he/she is legally recognized as incapacitated or partially incapacitated;
      3) he/she is ruled ineligible to hold a civil service position for a certain period by court;
      4) he/she has a disease affecting the performance of official duties, according to a medical institution’s conclusion, in cases when the qualification requirements to holding respective civil service positions include special requirements for health;
      5) he/she refused to accept the restrictions stipulated by this Law, in order to prevent actions that may lead to the use of his/her status and authority based on it in personal, group and other non-official interests;
      6) he/she was brought to disciplinary responsibility for a disciplinary offence discrediting the civil service within three years before entering the civil service. At the same time, a civil servant who was dismissed for committing a disciplinary offence discrediting the civil service is not allowed to enter the civil service;
      7) a court imposed an administrative penalty for a corruption offence on him/her within three years prior to entering the civil service;
      8) he/she committed a corruption crime;
      9) a court found him/her guilty of committing a criminal offence or crimes of minor and medium gravity within three years before entering the civil service, or who was released from criminal liability for committing a criminal offence or crimes of minor and medium gravity under paragraphs 3), 4), 9), 10) and 12) of part one of article 35 or article 36 of the Criminal Procedure Code of the Republic of Kazakhstan;
      10) he/she has a criminal record not cancelled or expunged in the legally prescribed manner by the time of entering the civil service;
      11) he/she was previously convicted or released from criminal liability for committing a crime under paragraphs 3), 4), 9), 10) and 12) of part one of article 35 or article 36 of the Criminal Procedure Code of the Republic of Kazakhstan for committing grave or especially grave crimes;
      12) he/she committed a crime as a criminal group member;
      13) in relation to him/her, a criminal case for a crime as a criminal group member was terminated by a prosecuting agency or court under paragraphs 3), 4), 9), 10) and 12) of part one of article 35 or article 36 of the Criminal Procedure Code of the Republic of Kazakhstan before expiration of the lower limit of a custodian sentence stipulated in the relevant article of the Special Part of the Criminal Code of the Republic of Kazakhstan;
      14) he/she was dismissed for cause from law enforcement bodies, special state bodies and courts, military service, as well as in other cases stipulated by the laws of the Republic of Kazakhstan.
      4. Failure to provide or deliberate distortion of information specified in paragraph 3 of this article is a ground to refuse admission to the civil service.
      5. No discrimination in admission to the civil service is permitted for the reasons of birth, social, official and property status, sex, race, nationality, language, relation to religion, beliefs, place of residence or any other circumstances.
      6. Restrictions on persons’ admission to law enforcement bodies are established by the laws of the Republic of Kazakhstan.
      Note by RCLI!
      Point 7 provided in wording of the Law of the Republic of Kazakhstan dated 30.11.2016 № 26-VI (shall be enforced from 01.01.2020).
      7. A mandatory condition for admission to the civil service is the submission by a citizen and his/her spouse to the state revenue authorities of a declaration of assets andincome fully owned by them according to the procedure established by the tax legislation of the Republic of Kazakhstan.
      Before an official (official body) entitled to appoint to a civil service position issues an employment statement, a citizen is obliged to produce a certificate of submission of the declaration of assets and income fully owned by him/her to the personnel management service (personnel department).

Article 17. Qualification requirements

      1. Citizens applying for administrative civil service positions shall meet the established qualification requirements.
      2. No qualification requirements are set to political civil service positions.
      3. Special qualification requirements to corps “A” administrative civil service positions are approved by the President of the Republic of Kazakhstan.
      4. Qualification requirements to corps “B” administrative civil service positions are developed with account of main activities of a state body and its structural units, official powers of administrative civil servants.
      Qualification requirements to corps “B” administrative civil service positions are approved by an official (official body) entitled to appoint to civil service positions in coordination with the authorized body and its territorial subdivisions on the basis of standard qualification requirements to administrative civil service positions, unless otherwise provided for by the Budgetary Code of the Republic Kazakhstan.
      Standard qualification requirements to corps “B” administrative civil service positions are approved by the authorized body.
      5. Qualification requirements to civil service positions in law enforcement bodies shall be established in accordance with the legislation of the Republic of Kazakhstan.

Article 18. Restrictions accepted in connection with entry to the civil service

      Entering the civil service, citizens accept the restrictions established by this Law and other laws of the Republic of Kazakhstan in order to prevent actions that may lead to the use of their official powers and authority based on them in personal, group and other non-official interests.
      These restrictions are fixed in writing by the personnel management service (personnel department) within thirty calendar days from the date of admission to the civil service.
      Non-acceptance of the restrictions established by the laws of the Republic of Kazakhstan entails refusal to admit to the civil service or dismissal.

Article 19. Background check

      1. Citizens entering the civil service for the first time or re-entering the civil service after its termination are required to have positive results of a background check conducted by the national security agencies for compliance with the requirements to admission to the civil service in accordance with this Law and the legislation of the Republic of Kazakhstan on combating corruption.
      The duration of a background check is up to three months.
      2. Before the results of a background check become known, citizens, entering the administrative civil service in accordance with this Law, temporarily perform duties required by an administrative civil service position.
      Labor relations with them are regulated in accordance with the labor legislation of the Republic of Kazakhstan.
      During the period of a background check, these citizens shall obey the provisions of this Law regarding the duties and responsibilities of civil servants, restrictions related to holding a civil service position. The rights of these citizens are set out in the employment contract.
      Admission to work is documented by a state body’s statement.

Article 20. Probationary period of a civil servant

      1. A probationary period for civil servants, who have entered the administrative civil service for the first time and re-entered the administrative civil service after its termination, is set to check their adequacy for civil service positions held. The terms of a probationary period are stipulated in the statement of a state body on the appointment to a civil service position.
      No probationary period is set for civil servants who have entered the political civil service, corps “A” administrative civil service.
      A probationary period for civil servants who have entered the law enforcement service is set in accordance with the laws of the Republic of Kazakhstan.
      2. Probationer civil servants’ absence periods for valid reasons are not included in the total of the probationary period.
      3. The probationary period for civil servants entering corps “B” administrative civil service for the first time and also for those who re-entered corps “B” administrative civil service after its termination is three months.
If the results of a probationary period are unsatisfactory, the probation period is extended for three months, without another subsequent extension, by the decision of an official (official body) entitled to appoint to a civil service position or an official authorized by him/her.
      Dismissal of a corps “B” administrative civil servant as a result of the probationary period is carried out in coordination with the authorized body or its territorial subdivision.
      4. During the probationary period, including its extension, civil servants who entered the administrative civil service for the first time, shall have mentors.
      5. The procedure and conditions for the probation period and the procedure for assigning mentors are set by the authorized body.

Article 21. The oath taking by civil servants

      1. The oath shall be taken by:
      1) civil servants entering the civil service for the first time;
      2) civil servants re-entering the civil service after its termination.
      The procedure for the oath taking by civil servants is determined by the President of the Republic of Kazakhstan.
      2. A civil servant transferring from an administrative or other civil service position to a political civil service position shall take the oath.
      3. Political civil servants transferred to administrative or any other civil service, or appointed or selected to other political civil service positions, do not take the oath again, except for those civil service positions that require the giving of the oath to the President of the Republic of Kazakhstan.

Chapter 4. PECULIARITIES OF ENTERING CORPS “A” ADMINISTRATIVE CIVIL SERVICE AND ITS PERFORMANCE

Article 22. Selection to the personnel reserve of corps “A” administrative civil service

      1. Selection to the personnel reserve of corps “A” administrative civil service is carried out from among citizens who meet the established special qualification requirements to corps “A” administrative civil service positions and other requirements established by this Law.
      Selection to the personnel reserve of corps “A” administrative civil service is carried out by the authorized commission according to the procedure established by the President of the Republic of Kazakhstan.
      2. The authorized body forms the personnel reserve of corps “A” administrative civil service from among citizens recommended by the authorized commission according to the procedure established by the President of the Republic of Kazakhstan.
      Citizens enrolled in the personnel reserve of corps “A” administrative civil service may be appointed by an official (official body) authorized to appoint to corps “A” administrative civil service positions, or by an official authorized by him/her - to corps “A” administrative civil service positions without opening a competition.

Article 23. Competition for taking up corps “A” administrative civil service positions

      1. A competition may be opened for corps “A” administrative civil service positions.
      2. A competition for a vacant or temporarily vacant corps “A” administrative civil service position is carried out to select from among citizens enrolled in the personnel reserve of corps “A” administrative civil service.
      A competition is carried out by an official (official body) entitled to appoint to this civil service position or by an official authorized by him/her.
      A competition for corps “A” administrative civil service positions is carried out according to the procedure established by the President of the Republic of Kazakhstan upon the recommendation of the authorized body.

Article 24. Employment contracts with corps “A” administrative civil servants

      A person appointed to a corps “A” administrative civil service position signs an employment contract.
      An employment contract with a corps “A” administrative civil servant is concluded by an official (official body) entitled to appoint to a civil service position and remove from a civil service position, or by an official (official body) authorized by him/her.
      The procedure for concluding, extending and terminating an employment contract with a corps “A” administrative civil servant is determined by the authorized body.

Article 24-1. Career planning for corps “A” administrative civil servants

      For corps “A” administrative civil servants, a career plan shall be drawn up.
      The procedure for career planning for corps “A” administrative civil servants is established by the President of the Republic of Kazakhstan.
      Footnote. Глава 4 дополнена статьей 24-1 в соответствии с Законом РК dated 06.04.2016 № 484-V (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 25. Transformation of a civil service position into a corps “A” administrative civil service position

      1. In the case of transformation of a civil service position into a corps “A” administrative civil service position:
      1) the civil service position is filled by a person from the personnel reserve of corps “A” administrative civil service on the basis of competitive selection;
      2) the term of filling a civil service position shall be established by an authorized commission;
      3) a civil servant holding a given civil service position has the right to continue working until the civil service position is filled in accordance with subparagraph 1) of this paragraph before the expiration of the period specified in subparagraph 2) of this paragraph.
      2. A state body offers a civil servant, whose civil service position has been transformed into a corps “A” administrative civil service position, a civil service position consistent with his/her qualification and given a vacancy.
      If the civil servant refuses from employment, he/she shall be dismissed. In this case, the state body pays the civil servant with at least three years of civil service experience a severance pay in the amount of four average monthly salaries.

Chapter 5. PECULIARITIES OF TAKING UP A CORPS “B” ADMINISTRATIVE CIVIL SERVICE POSITION

Article 26. Selection to corps “B” civil service positions of citizens entering it for the first time or re-entering the civil service

      Citizens taking up corps “B” civil service positions for the first time or re-taking them after the termination of the civil service shall undergo the following stages of selection:
      1) testing in accordance with the procedure determined by the authorized body;
      2) assessment of personal qualities to obtain an opinion of the authorized body;
      3) general competition for the occupation of a corps “B” administrative civil service position.

Article 27. Competition for taking up a corps “B” administrative civil service position

      1. A competition for taking up a vacant or temporarily vacant corps “B” administrative civil service position may be of the following types:
      1) general competition among citizens;
      2) internal competition among civil servants.
      2. The competition includes a number of consecutive stages:
      1) publication of the announcement of a competition;
      2) acceptance of documents from persons who expressed a desire to participate in the competition;
      3) the creation of a state body’s competition commission or a single competition commission;
      4) consideration of the documents of competition participants for compliance with the established qualification requirements;
      5) an interview with competition participants conducted by the competition commission of a state body;
      6) conclusion of the competition commission of a state body.
      The procedure for holding a competition is established by the authorized body.
      3. When a competition is held by central state bodies, departments and their territorial subdivisions, relevant announcements are posted on the Internet resources of central state bodies and the authorized body. The publication of announcements is allowed in periodicals distributed throughout the Republic of Kazakhstan.
      Announcements on holding a competition by executive bodies financed from the local budget are posted on the Internet resources of executive bodies financed from the local budget and the authorized body. The publication of announcements is allowed in periodicals distributed inside the respective administrative-territorial unit.
      If a single personnel management service (personnel department) is set up, announcements are also posted on the Internet resource of the state body, whose structural unit this service is.
      4. If a competition is held for a temporary vacant corps “B” administrative civil service position, this condition shall be indicated in the announcement of the competition.
      5. A competition’s participant with the positive opinion of a competition commission has the right to hold a vacant or temporarily vacant corps “B” administrative civil service position. An official who has the right to appoint is obliged to employ him/her for the announced civil service position. At the same time, the requirements stipulated by the legislation of the Republic of Kazakhstan on the civil service shall be met.
      6. The decision of a competition commission may be appealed against to the authorized body or court.

Article 28. General competition

      1. General competition is held for a lower corps “B” administrative civil service position, which is vacant or temporarily vacant, as well as for any other vacant or temporarily vacant administrative civil service position that is not a lower position, in cases stipulated in paragraphs 2-1 and 3 of article 29 of this Law.
      2. General competition for any other vacant and (or) temporarily vacant corps “B” administrative civil service position, which is not a lower one, in a central state body or its department is held in coordination with the authorized body, and in the territorial subdivision of a central state body or its department or executive body financed from the local budget - in coordination with the territorial subdivision of the authorized body.
      A ground for refusal to hold a general competition is non-compliance with the requirements to holding an internal competition stipulated in article 29 of this Law. The coordination procedure is established by the authorized body.
      3. Citizens who previously passed the testing procedures and have results not lower than the values ​​established by the authorized body are allowed to participate in general competition.
      The procedure for appealing the test results is established by the authorized body.
      The competition commission takes into account the participation of citizens of the Republic of Kazakhstan, applying for the civil service, in the work of public associations, public councils, non-governmental organizations, the performance of volunteer, charitable activity.
      4. The authorized body and its territorial subdivisions conduct personal evaluation of citizens and issue their opinion. The procedure for the assessment of citizens’ personal qualities is established by the authorized body. Making a decision, a competition commission takes into account the results of the assessment of citizens’ personal qualities.
      Footnote. Article 28 as amended by the Law of the Republic of Kazakhstan dated 20.12.2016 № 33-VІ (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 29. Internal competition

      1. A state body conducts an internal competition among civil servants of this state body for taking up a vacant or temporarily vacant corps “B” administrative civil service position, which is also open for civil servants of its departments, territorial subdivisions, as well as other persons defined by this law and the law defining the legal framework and procedure for ensuring the activity of the diplomatic service of the Republic of Kazakhstan.
      If a single personnel management service (personnel department) or a single competition commission is set up, an internal competition shall be held among civil servants of state bodies for which the above service or commission has been set up.
      2. In the absence of competition participants with the positive opinion of a competition commission or a single competition commission, internal competition shall be held among civil servants of all state bodies.
      Internal competition is not held for a lower corps “B” administrative civil service position, which is vacant or temporarily vacant.
      2-1. If a participant with the positive conclusion of a competition commission or a single competition commission is not present at the internal competition among civil servants of this state body, the state body may open a general competition, without arranging internal competition among civil servants of all state bodies, in cases established by the authorized body.
      In this case, civil servants and persons specified in paragraph 5 of this article and participating in general competition, do not undergo testing and personal qualities assessment.
      3. In the absence of competition participants with the positive opinion of a competition commission or a single competition commission, general competition shall be held among civil servants of state bodies in accordance with article 28 of this Law.
      4. It is not required to open a competition to fill vacant or temporarily vacant administrative civil service positions of assistants or advisers of chief executives of state bodies, press secretaries.
      Further transfer of these persons within the state body, its departments, including their territorial subdivisions, is not allowed.
      Filling vacant or temporarily vacant corps “B” administrative civil service positions without opening a competition by way of transfer may be carried out in other cases according to the procedure established by the President of the Republic of Kazakhstan.
      The condition for such transfer is the consent of the authorized body or its territorial subdivision.
      4-1. When a state body is set up, internal competition among civil servants of this state body shall not be held.
      Note by RCLI!
      Amendment of point 5 is provided by the Law of the Republic of Kazakhstan dated 30.11.2016 № 26-VI (shall be enforced from 01.01.2020).
      5. Within thirty calendar days of the date of dismissal from the administrative civil service, the person has the right to take up a corps “B” administrative civil service position as a result of internal or general competition held in accordance with paragraph 2-1 of this article provided that he/she has not been in labor relations with other natural and legal persons and has also not left the Republic of Kazakhstan within the said period.
      In these cases, the person is not subject to the requirements to undergo a mandatory background check, serve a probationary period and submit a declaration of assets and income fully owned by him/her provided that he/she has submitted it at his/her previous place of employment.
      Footnote. Article 29 as amended by the Laws of the Republic of Kazakhstan dated 06.04.2016 № 484-V (shall be enforced upon expiry of ten calendar days after the day its first official publication); dated 20.12.2016 № 33-VІ (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 30. Appointment to a civil service position

      1. The appointment of citizens to civil service positions and removal of civil servants from civil service positions shall be carried out by an official (official body) entitled to it by his/her official powers or by another official (official body) to whom these powers were delegated.
      2. Documenting citizens’ admission to the civil service, the state body ensures compliance with the requirements of the legislation of the Republic of Kazakhstan on the civil service and on combating corruption.
      3.The personnel management services (personnel departments) file employment sheets for civil servants. An employment sheet form is approved by the authorized body.
      4. A civil servant is issued a service certificate, which is a document confirming his/her civil service position and official powers.
      The procedure for issuing a service certificate and its description are approved by the state body.

Chapter 6. PERFORMANCE OF THE CIVIL SERVICE

Article 31. Job descriptions

      The qualification requirements underlie the description of official powers and responsibilities of administrative civil servants under the Constitution, this Law and other legislation of the Republic of Kazakhstan, which are reflected in job descriptions.
      Job descriptions are approved by an official, who has the right to appoint to a civil service position and remove from a civil service position, and contain a specific list of functions required of a civil service position.
      The procedure for the development and approval of job descriptions is established by the authorized body.

Article 32. Working hours

      1. The duration of working hours for civil servants is set according to the labor legislation of the Republic of Kazakhstan with account of peculiarities stipulated by this Law.
      2. Civil servants shall have a five-day work week with two days off.
      3. Rules of the labor regulations of civil servants, approved by state bodies, set the working hours and rest time.
      4. In order to perform urgent, unforeseen work, civil servants may be called on to work overtime, on weekends and holidays in accordance with the labor legislation of the Republic of Kazakhstan.
      In the cases stipulated by this paragraph, a civil servant is given days (hours) of rest or this work is compensated in accordance with the civil service remuneration system.

Article 33. Performance evaluation of civil servants

      1. Performance evaluation of civil servants is carried out to identify the effectiveness and quality of their work.
      The procedure for and time of the performance evaluation of civil servants are determined by the President of the Republic of Kazakhstan on the proposal of the authorized body.
      The results of the performance evaluation of civil servants are the basis for making decisions on the payment of bonuses, promotion, training, rotation, demotion in civil service position or dismissal.
      2. The performance evaluation of political civil servants is carried out by the authorized person (body) designated by the President of the Republic of Kazakhstan.
      3. The performance evaluation of executive secretaries of central executive bodies is carried out by the Administration of the President of the Republic of Kazakhstan.
      4. The performance evaluation of corps “A” administrative civil servants is conducted by an official (official body) entitled to appoint a corps “A” administrative civil servant to a civil service position and remove him/her from a civil service position.
      The methodology for performance evaluation of corps “A” administrative civil servants is approved by the authorized body.
      The unsatisfactory evaluation of a corps “A” administrative civil servant is a ground to terminate his/her employment contract in coordination with the authorized commission.
      5. The performance evaluation of a corps “B” administrative civil servant is carried out by an evaluation commission set up by an official entitled to appoint a corps “B” administrative civil servant to a civil service position and remove him/her from a civil service position.
      State bodies develop and approve a methodology for the performance evaluation of corps “B” administrative civil servants on the basis of standard methodology approved by the authorized body.
      6. Unsatisfactory evaluation of a corps “B” administrative civil servant for two consecutive years entails his/her demotion provided that he/she meets qualification requirements and there is a vacant lower civil service position.
      In the absence of a vacant lower civil service position, such civil servant is offered a different vacant civil service position.
      In the absence of a vacant civil service position or a civil servant’s refusal from the proposed civil service position, the civil servant resigns from the civil service position.
      7. A civil servant has the right to appeal against the results of his/her performance evaluation according to the procedure established by the legislation of the Republic of Kazakhstan.

Article 34. Training of civil servants

      1. Training of administrative civil servants includes training, retraining and advanced training of civil servants.
      Training of civil servants is the process of education aimed at obtaining academic and scientific degrees by completing postgraduate education programs.
      Retraining of civil servants is carried out through training courses for obtaining additional professional knowledge.
      Advanced training of civil servants means training workshops to improve their competencies.
      2. Administrative civil servants shall undertake advanced training at least once every three years.
      3. Services for retraining and advanced training of civil servants are provided by educational institutions under the President of the Republic of Kazakhstan and their branches, as well as by regional centers for retraining and advanced training.
      4. The procedure for training, retraining and advanced training of civil servants is established by the Government of the Republic of Kazakhstan in coordination with the Administration of the President of the Republic of Kazakhstan.
      Footnote. Article 34 as amended by the Laws of the Republic of Kazakhstan dated 06.04.2016 № 484-V (shall be enforced upon expiry of ten calendar days after the day its first official publication); dated 03.07.2017 № 86-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 35. Incentives

      1. Civil servants may be given incentives for exemplary performance of official duties, impeccable civil service, fulfillment of tasks of special importance and complexity and other achievements in the work, and also as a result of evaluation of their performance.
      Civil servants may receive the following incentives:
      1) a one-time cash reward;
      2) a letter of commendation;
      3) a valuable gift;
      4) a certificate of merit;
      5) an honorary title;
      6) other forms of incentives, including departmental awards.
      2. A civil servant may be given only one incentive for the same merit.
      The procedure for applying incentives is established by the acts of state bodies.
      3. For special merits, civil servants may be recommended for a decoration with state awards in accordance with the Law of the Republic of Kazakhstan “On State Awards of the Republic of Kazakhstan”.

Article 36. Internships for civil servants

      State bodies arrange internships for civil servants away from their permanent place of employment to help them acquire professional knowledge and experience. During the internship period, civil servants have their place of employment (civil service position) and salary secured.
      Internships of administrative civil servants are carried out in the manner determined by the authorized body.

Article 37. Career advancement in the civil service

      1. Career advancement of civil servants in the civil service takes into account their qualifications, competencies, abilities, merits and conscientious performance of their official duties.
      2. Career advancement in the civil service in a state body provides for consistent movement upward to higher civil service positions envisaged by the staffing structure of the state body.
      Higher civil service positions in other state bodies are understood to mean civil service positions, which are subject to higher qualification requirements, and if qualification requirements are equal, a higher salary is established.
      3. A civil servant, who committed a corruption offence or has a current disciplinary sanction for committing a disciplinary offence discrediting the civil service, may not take up a civil service position by way of transfer or as a result of competitions within one year from the date of execution of the decision on applying an administrative sanction to him/her.

Article 38. Temporary assignment of duties

      1. In connection with the service needs, a civil servant may be temporarily assigned the duties of another civil service position without dismissing him/her from the current civil service position, except for cases established by this Law and acts of the President of the Republic of Kazakhstan.
      2. A civil servant shall be paid extra for temporary overlapping of civil service positions and performance of duties of a temporarily absent civil servant in accordance with the legislation of the Republic of Kazakhstan.
      Footnote. Article 38 as amended by the Law of the Republic of Kazakhstan dated 06.04.2016 № 484-V (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 39. Secondment of civil servants to state bodies, foreign institutions of the Republic of Kazakhstan and other organizations

      1. To fulfill tasks assigned to state bodies, civil servants may be seconded to state bodies, foreign institutions of the Republic of Kazakhstan and other organizations in coordination with their chief executives in the manner prescribed by the Government of the Republic of Kazakhstan in coordination with the Administration of the President of the Republic of Kazakhstan.
      2. The seconded civil servants have their previous place of employment (civil service position) secured as well as the rights, guarantees, benefits, compensations, allowances, payments, pensions and social protection established by this Law and other regulatory legal acts of the Republic of Kazakhstan.
      Footnote. Article 39 с изменениями, внесенными законами РК dated 06.04.2016 № 484-V (shall be enforced upon expiry of ten calendar days after the day its first official publication); dated 03.07.2017 № 86-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 40. The call of civil servants to military service

      If civil servants are called to compulsory military service, they are granted an unpaid leave of absence and have their place of employment (civil service position) secured for the period of compulsory military service in accordance with the legislation of the Republic of Kazakhstan.

Article 41. Rotation of administrative civil servants

      1. Rotation of administrative civil servants is carried out to ensure more effective use of professional capacity in the civil service.
      The rotation of corps “A” administrative civil servants is understood to mean their reshuffling within the framework of career planning for vacant or temporarily vacant corps “A” civil service positions or among corps “A” administrative civil servants.
      The rotation of corps “B” administrative civil servants is understood to mean their reshuffling among corps “B” administrative civil servants, except for cases stipulated by the law defining the legal framework, as well as the procedure for ensuring the activity of the diplomatic service of the Republic of Kazakhstan.
      2. The procedure for and time of rotation, the positions of administrative civil servants subject to rotation shall be determined by the President of the Republic of Kazakhstan, except for cases stipulated by the law defining the legal framework, as well as the procedure for ensuring the activity of the diplomatic service of the Republic of Kazakhstan.
      If rotated to another locality, administrative civil servants are provided with employer-paid housing with no right to privatize in accordance with the Law of the Republic of Kazakhstan “On Housing Relations”.
      Rotation associated with moving to another locality of administrative civil servants who are disabled, pregnant, single parents raising a child under the age of fourteen, having (being guardians of) children with disabilities, including adopted children, or having dependent elderly parents, is allowed only with the consent of these civil servants, unless otherwise provided for by the law defining the legal framework, as well as the procedure for ensuring the activity of the diplomatic service of the Republic of Kazakhstan.
      The said circumstances shall be documented.

Article 42. Employment of citizens during the period of establishment of a state body

      1. From the date of adoption of an act on the establishment of a state body, in connection with the needs of the service, citizens may be employed for a period of not more than three months for temporary execution of duties.
      During this period, which may not be extended, the said civil service positions shall be occupied in accordance with this Law.
      Persons from the personnel reserve of corps “A” administrative civil service shall be employed for temporary execution of duties required by vacant and (or) temporarily vacant corps “A” administrative civil service positions.
      2. The number of persons employed to perform temporary duties shall not exceed twenty per cent of the size of the staff of a state body.
      Labor relations of such persons, who are not civil servants, and the state body that temporarily employs them are regulated by the labor legislation of the Republic of Kazakhstan.

Chapter 7. SERVICE DISCIPLINE

Article 43. Responsibility of civil servants

      1. For failure to perform or improper performance of their official duties, civil servants bear civil, disciplinary, administrative, criminal liability in accordance with the laws of the Republic of Kazakhstan.
      If there is any doubt as to the legitimacy of an order received for execution, a civil servant shall notify his/her immediate manager and the manager, who issued the order, about it in writing and without delay. In the event that the manager holding a superior civil service position confirms this order in writing, the civil servant is obliged to execute it, if the execution does not entail actions that are criminal offences. Responsibility for consequences of the civil servant’s execution of an illegitimate order is borne by the manager who confirmed this order.
      2. Officials are prohibited from giving orders and instructions not relating to the exercise of official duties and (or) aiming to violate the legislation of the Republic of Kazakhstan.
      3. Civil servants have the right to appeal against the decisions and actions of a state body taken in their respect to higher officials, to the authorized body or its territorial subdivisions or to a court.

Article 44. Disciplinary offences and sanctions

      1. A disciplinary offence of a civil servant (hereinafter referred to as an offence) is an unlawful, culpable failure to perform or improper performance of duties assigned to a civil servant, abuse of official powers, violation of service discipline and service ethics, as well as failure to comply with the restrictions relating to the entry to the civil service established by laws of the Republic of Kazakhstan.
      2. Disciplinary offences are also resignations of persons who committed a disciplinary offence resulting in dismissal for cause, illegitimate appointment of persons to administrative civil service positions and (or) removal of persons from administrative civil service positions, unlawful imposition of disciplinary sanctions against administrative civil servants, disclosure of the content of test tasks and other competition questions, intentional failure to take measures to prevent and settle a conflict of interest.
      3. For the commission of a disciplinary offence, the following types of sanctions are imposed against civil servants:
      1) reprimand;
      2) reproof;
      3) severe reproof;
      4) a service incompetence note or demotion;
      5) dismissal from a civil service position.
      Laws of the Republic of Kazakhstan may establish other types of sanctions.
      4. A disciplinary sanction in the form of demotion shall be imposed if there is any vacant lower civil service position available and a civil servant meets qualification requirements set for this civil service position. Demotion is carried out without opening a competition.
      A disciplinary sanction in the form of a service incompetence note is imposed, if there is no possibility to impose a disciplinary sanction in the form of demotion.
      A disciplinary sanction in the form of dismissal from a civil service position is imposed for reasons stipulated by this Law, the legislation of the Republic of Kazakhstan.
      5. The civil servant’s commission of any disciplinary offence specified in subparagraphs 1), 6), 7), 8), 10), 11), 12) and 15) of paragraph 1 of article 50 of this Law, if it is not a criminal or administrative offence, entails demotion in a civil service position, and in the absence of a vacant lower civil service position - the imposition of disciplinary sanction in the form of a service incompetence note in the manner prescribed by law.
      Repeated commission of any of these disciplinary offences within a year after imposing a disciplinary sanction for the first disciplinary offence shall result in dismissal from a civil service position.
      6. The civil servant’s commission of any disciplinary offence specified in subparagraphs 2), 3), 4) and 5) of paragraph 1 of article 50 of this Law, if it is not a criminal or administrative offence, entails the imposition of disciplinary sanction in the manner prescribed by law in the form of a service incompetence note or dismissal.
      Repeated commission of any of these disciplinary offences within a year after imposing a disciplinary sanction for the first disciplinary offence shall result in dismissal from a civil service position.
      7. The civil servant’s commission of any disciplinary offence specified in subparagraphs 9), 13), 14), 16), 17), 18) and 19) of paragraph 1 and paragraph 2 of article 50 of this Law, if it is not a criminal or administrative offence, entails dismissal from a civil service position.
      8. A disciplinary sanction:
      1) is imposed by officials (official body) entitled to it by their official powers;
      2) may not be imposed repeatedly for the same offence provided that the first disciplinary sanction was imposed legitimately and suited the seriousness of the offence;
      3) is imposed according to the procedure established by the legislation of the Republic of Kazakhstan.
      9. In the regions, cities of republican significance, the capital, districts, cities, it is allowed to set up a single disciplinary commission for executive bodies financed from the budgets of respective administrative-territorial units. A single disciplinary commission of executive bodies of the regions, cities of republican significance, the capital, districts, cities who are financed from local budgets shall be established by the decision of an official (official body) entitled to appoint heads of these executive bodies.
      For the regional and city territorial subdivisions of a central state body and its department, it is allowed to set up a single disciplinary commission in the interregional or regional territorial subdivision of the central state body and its departments. A single disciplinary commission of district and city territorial subdivisions shall be established by the decision of head of the interregional or regional territorial subdivision of the central state body and its department or higher body.
      10. The procedure for imposing a disciplinary sanction is established by the President of the Republic of Kazakhstan.

Article 45. Terms of imposition of disciplinary sanctions

      1. A disciplinary sanction shall be imposed not later than one month after the reveal of an offence and may not be imposed later than six months from the day it was committed.
      An offence is recognized as continuing, if it has uniform elements of a certain offence and has been committed on a continuous basis and is not completed by the time of its reveal.
      2. A disciplinary sanction for committing disciplinary offences discrediting the civil service stipulated by this Law shall be imposed not later than three months after the reveal of the offence and may not be imposed later than one year from the day the offence was committed.
      In the event that a prosecuting agency or court terminates a criminal case or proceedings on administrative offence, but there are signs of committing a disciplinary offence discrediting the civil service stipulated by this Law, a disciplinary sanction shall be imposed not later than three months after the date of the decision to terminate the criminal case, but not later than one year from the day the offence was committed.
      A disciplinary sanction for violating the budget legislation of the Republic of Kazakhstan is imposed not later than three months after the reveal of the offence and may not be imposed later than one year from the day the offence was committed.
      The indicated terms of bringing to disciplinary responsibility do not include the time of proceedings on a criminal case or administrative proceedings.
      3. A sanction may not be imposed if:
      1) a civil servant is temporarily incapacitated for work;
      2) a civil servant is on vacation or business trip;
      3) a civil servant is relieved from performing his/her official duties during the time of performing state or public duties;
      4) a civil servant is at training, retraining, advanced training courses and in internship;
      5) a civil servant appeals to a court against state bodies’ statements on his/her committing a disciplinary offence.
      4. The term of imposing a disciplinary sanction shall be suspended in the cases specified in paragraph 3 of this article, and also until the criminal case is closed or the court decision comes into force.

Article 46. Guarantees of the rights of civil servants brought to disciplinary responsibility

      1. A civil servant shall be familiarized with all the materials related to his/her bringing to disciplinary responsibility, he/she is given the right to personally participate in the official investigation.
      2. Actions and decisions of a state body or an official may be appealed against by civil servants being brought to responsibility to a higher authority, to the authorized body or its territorial subdivisions or to a court.

Article 47. Liability of civil servants for causing damage

      1. The liability for damage of a civil servant is incurred for damage caused to a state body, in cases and amounts stipulated by the legislation of the Republic of Kazakhstan.
      2. A civil servant is obliged to compensate for direct actual damage caused to the state body.
      3. The liability of a civil servant for damage caused to a state body is disregarded if the damage arose as a result of force majeure or extreme necessity, justifiable defense, as well as the state body’s failure to ensure necessary conditions for the preservation of property entrusted to a civil servant.

Article 48. Civil servant’s temporary suspension from duty

      Civil servant’s temporary suspension from duty may occur:
      1) in accordance with the criminal procedure legislation of the Republic of Kazakhstan;
      2) in the case of official investigation - by an official (official body) entitled to appoint to a civil service position and remove from a civil service position, until a decision on liability is taken, but for a period not exceeding one month with the salary secured.
      A statement on civil servant’s temporary suspension from duty is issued by an official (official body) entitled to it in accordance with official powers or by another official (official body) to whom these powers were delegated.

Chapter 8. SERVICE ETHICS OF CIVIL SERVANTS

Article 49.Requirements to civil servants to comply with service ethics

      1. Civil servants are obliged:
      1) to be guided by the principle of legality;
      2) to be committed to state policy and consistently implement it, to strengthen the authority of state power by their actions, not to commit acts that may discredit the civil service;
      3) to preserve and strengthen public confidence in the civil service, the state and its institutions;
      4) to comply with generally accepted moral and ethical standards;
      5) to serve as an example of respectful attitude to the state symbols of the Republic of Kazakhstan;
      6) not to require subordinate civil servants to execute orders beyond their official powers;
      7) to comply with other ethical rules required by the service ethics of civil servants.
      2. Violation of the service ethics by civil servants entails disciplinary liability established by this Law.
      3. Monitoring and control of the observance of service ethics by civil servants is carried out by the ethics commissioner. The regulation on the ethics commissioner is approved by the President of the Republic of Kazakhstan upon the recommendation of the authorized body.
      Coordination and methodological support of the activity of the ethics commissioner are carried out by the authorized body.

Article 50. Disciplinary offences discrediting the civil service

      1. Actions of civil servants recognized as disciplinary offences discrediting the civil service by this Law are as follows:
      1) unlawful interference with the activities of other state bodies, organizations;
      2) use of their official powers to settle issues of material interest to them or their close and in-law relatives;
      3) illegal advantages (protectionism, nepotism) in admission to and career advancement in the civil service;
      4) undue preference to natural and (or) legal persons in the elaboration and making of decisions;
      5) any assistance not stipulated by the legislation of the Republic of Kazakhstan to whosoever in the implementation of entrepreneurial and other activity associated with deriving revenue;
      6) use in the personal or group interests of information obtained in the course of performance of public functions, if it is not subject to official dissemination;
      7) unreasonable refusal to provide information to natural and legal persons, which is stipulated by the legislation of the Republic of Kazakhstan, or its delay, conveyance of inaccurate or incomplete information;
      8) requiring from natural and legal persons of information, the provision of which by these persons is not stipulated by the legislation of the Republic of Kazakhstan;
      9) transfer of state financial and material resources to the election funds of some candidates;
      10) giving gifts and rendering unofficial services to officials to obtain material benefits, gains or advantages through the use of their official powers;
      11) obvious obstruction of natural or legal persons’ exercise of their rights, freedoms and legitimate interests;
      12) gross violations of the requirements to the organization and conduct of inspections in respect of business entities set forth in subparagraphs 1), 2), 3), 4) and 7) of article 151, subparagraphs 2), 6) and 8) of paragraph 2 of article 156 of the Entrepreneurial Code Republic of Kazakhstan;
      13) delegation of powers for state regulation of entrepreneurial activity to natural and legal persons carrying out such activities, as well as for control over and supervision of it;
      14) delegation of state control and supervisory functions to organizations not having the status of a state body;
      15) participation in gambling games of the monetary or other material nature with officials in higher or lower positions or with those whose service or work somehow depends on them;
      16) any remuneration in the form of money, services and other kinds for the performance of their public or equivalent functions from organizations, in which a civil servant does not perform relevant functions, as well as from individuals, unless otherwise provided for by the legislation of the Republic of Kazakhstan.
Money transferred to the account of a civil servant without his/her knowledge, as well as funds received by him/her in connection with the performance of respective functions in violation of the first item of this subparagraph, shall, not more than two weeks after they are found, be transferred to the state budget and explanation shall be submitted to the relevant state revenue body on the circumstances of the receipt of such funds;
      17) gifts or services received in connection with the performance of their state or equivalent functions from civil servants and other persons dependent on them in the line of service, for general patronage or connivance in the service.
      Gifts received without the knowledge of the civil servant, as well as those received by him/her in connection with the performance of respective functions in violation of the first item of this subparagraph, shall, within a seven-day period, be handed over to a special state fund on a non-repayable basis, and services rendered to a civil servant under the same circumstances shall be paid for by transfer of money to the state budget.
      The civil servant, who received gifts, has the right, with the consent of a higher official, to buy them out from the said fund at market retail prices current in a relevant inhabited locality. The special state fund transfers money received from the sale of gifts to the state budget;
      18) acceptance of invitations to domestic and foreign tourist, medical and recreational and other tours at the expense of natural and legal persons, both from abroad and Kazakhstan, except for trips:
      at the invitation of the husband (wife), relatives at their expense;
      at the invitation of other individuals (with the consent of a superior official or official body), if the relations with them do not affect official activity of the invited;
      taken in accordance with international treaties of the Republic of Kazakhstan or by mutual agreement between state bodies of the Republic of Kazakhstan and state bodies of foreign states at the expense of the funds of relevant state bodies and (or) international organizations;
      carried out with the consent of a superior official or official body to participate in scientific, sporting, creative, professional, humanitarian events at the expense of organizations, including travels within the framework of statutory activities of such organizations;
      19) use of benefits not stipulated by the legislation of the Republic of Kazakhstan in obtaining credits, loans, securities, real estate and other property.
      2. Family members of a civil servant shall not be entitled to accept gifts and services, invitations to tourist, medical and health and other tours at the expense of natural and legal persons, both from abroad and Kazakhstan, with whom the said person is connected in the line of service. A civil servant is obliged to hand over gifts illegally received by members of his/her family to a special state fund and reimburse the cost of services illegally used by his/her family members by transferring money to the state budget.

Article 51. Conflict of interest

      1. A civil servant shall be prohibited from exercising official powers if there is a conflict of interest.
      2. A civil servant shall take measures to prevent and resolve conflicts of interest.
      3. A civil servant shall be obliged to notify his/her immediate supervisor or chief executives of a state body of a conflict of interest or possibility of its occurrence in writing, as soon as he/she becomes aware of it.
      The immediate supervisor or chief executives of a state body shall take timely measures to prevent and resolve a conflict of interest after a civil servant’s application or after receiving information from other sources, also by:
      1) charging another civil servant with official powers of the said civil servant concerning the issue in connection with which a conflict of interest arose or may arise;
      2) changing official duties of a civil servant;
      3) taking other measures to eliminate the conflict of interest.
      4. A civil servant, his/her immediate manager or chief executives of a state body bear disciplinary responsibility for failure to take measures to prevent and resolve conflicts of interest they are aware of.

Article 52. Anti-corruption behavior of civil servants

      1. Civil servants shall resist manifestations of corruption, not allow corruption offences.
      2. Civil servants shall prevent the facts of corruption offences committed by other civil servants.
      3. If a civil servant has information on a corruption offence, he/she shall take necessary measures to prevent and stop such an offence, and also immediately inform in writing an immediate supervisor, chief executives of a state body for which he/she works, the authorized state bodies. A civil servant is also obliged in a timely manner to inform in writing the said persons and bodies on cases of inducing him/her to commit corruption offences by other persons.
      Chief executives of a state body shall be obliged, within a month from the date of receiving information, to take measures pursuant to statements of a civil servant about corruption offences, cases of inducing him/her to commit these violations, including through inspections and applications to authorized bodies.
      4. Chief executives of a state body shall be obliged to take measures to protect a civil servant who reported corruption offences, inducing him/her to commit these violations, from persecution that infringes his/her rights, freedoms and legitimate interests.
      5. Civil servants shall not allow action (inaction) complicating the exercise of rights, freedoms and legitimate interests of natural and legal persons.
      6. When a civil servant is publicly charged with unjustified accusation of corruption, he/she shall take measures to refute it within a month from the date of detection of such an accusation.

Chapter 9.SOCIAL GUARANTEES OF STATE EMPLOYEES, THEIR FAMILY MEMBERS

Article 53. Civil service pay

      1. The civil service pay shall ensure sufficient material conditions for unconditional and thorough performance of official duties, facilitate the staffing of state bodies with competent and experienced personnel, stimulate their conscientious and initiative work.
      2. The civil service pay is settled differentially, depending on the nature, scope and results of the work performed by civil servants.
      3. The civil service pay, except for salaries of civil servants of the National Bank of the Republic of Kazakhstan, is consistent with a single system of labor remuneration for all bodies maintained at the expense of the state budget approved by the Government of the Republic of Kazakhstan in coordination with the President of the Republic of Kazakhstan.
      The procedure and conditions for the payment of bonuses, the provision of financial assistance to civil servants, and fixing of perks to official salaries of corps “B” administrative civil servants shall be determined by the Government of the Republic of Kazakhstan in coordination with the Administration of the President of the Republic of Kazakhstan.
      4. The civil service pay is carried out at the expense of the state and local budgets, funds of the National Bank of the Republic of Kazakhstan.
      5. Salaries and other payments to administrative civil servants shall be indexed according to the procedure established by the legislation of the Republic of Kazakhstan.
      6. The length of service of civil servants entitling to fix an official salary is calculated according to the procedure established by the Government of the Republic of Kazakhstan in coordination with the Administration of the President of the Republic of Kazakhstan.
      Footnote. Article 53 с изменениями, внесенными законами РК dated 06.04.2016 № 484-V (shall be enforced from 01.01.2016); dated 03.07.2017 № 86-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication); dated 11.07.2017 № 91-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 54. Vacations of civil servants

      1. Civil servants are granted a paid annual vacation of thirty calendar days with the payment of a health benefit in the amount of two official salaries.
      Civil servants are granted a paid annual vacation for the first and subsequent years of work at any time of a work year by agreement of the parties.
      Payment for the annual vacation is made not later than three calendar days before its start, and in the case of providing an off-schedule paid vacation - not later than three calendar days from the date of its granting.
      2. At the request of civil servants, paid annual vacations may be granted to them in parts. In this case, one part of the paid annual vacation shall be at least two calendar weeks.
      3. Civil servants may be granted an unpaid leave of absence according to the procedure established by the labor legislation of the Republic of Kazakhstan, including during their postgraduate training within the state order.
      4. According to the decision of head of a state body or executive secretary, head of the administrative office or another official designated by the President of the Republic of Kazakhstan, civil servants, with their consent, may be recalled from annual or additional vacation. The remainder of the unused leave is provided to the civil servant at any other time of the year concerned or is added to the next year’s leave.

Article 55. Pension and social security of civil servants

      Pension and social security of civil servants shall be carried out in accordance with the laws and other regulatory legal acts of the Republic of Kazakhstan.

Article 56. Measures of social protection of civil servants

      1. Civil servants are provided with housing according to the procedure established by the Law of the Republic of Kazakhstan “On Housing Relations” and other regulatory legal acts of the Republic of Kazakhstan.
      2. Civil servants, in need of better housing conditions, are granted land plots for individual housing construction. The terms of granting land plots shall be determined by the legislation of the Republic of Kazakhstan.
      3. Civil servants and members of their families living together with them shall, in accordance with the established procedure, be provided with medical services at relevant public health institutions.
      4. In the event of abolition (liquidation) of a state body, an administrative civil servant is paid a severance pay equal to four average monthly salaries, provided that he/she has at least three years of civil service, from the funds of the state body transferring functions, authorities and (or) staffing positions or is proposed a civil service position in the cases specified in this paragraph.
      5. If a state body is reorganized, the senior manager of a newly formed state body offers administrative civil servants civil service positions in the reorganized state body consistent with their qualifications.
      6. The state body, to whom the functions, authorities and (or) staffing positions of another state body, including a liquidated (abolished) or reorganized one, have been transferred, offers civil service positions to administrative civil servants who performed the transferred functions, powers and (or) occupied the staffing positions consistent with their qualifications.
      Administrative civil servants refusing the employment are subject to dismissal. Administrative civil servants with at least three years of civil service experience are paid a severance pay equal to four average monthly salaries by the state body, to whom the functions, authorities and (or) staffing positions of another state body, including a liquidated (abolished) or reorganized one, have been transferred.
      7. If a state body reduce the staff, a civil servant, holding a civil service position to be reduced, shall be paid a severance pay equal to four average monthly salaries, provided that his/her length of civil service is at least three years.
      7-1. A change in organizational structure, positions’ renaming, staff reduction in a state body that actually does not reduce the number of employees and (or) significant change in working conditions are not grounds for the termination of the civil service by an administrative civil servant.
      In these cases, an administrative civil servant shall be appointed to a position from a new employment sheet, which is equivalent to a previously held position suiting previously performed office duties according to the procedure established by the President of the Republic of Kazakhstan.
      In the absence of an equivalent position, with the consent of a civil servant, he/she may be offered a lower civil service position available in the employment sheet of the state body.
      8. In the event of the death of a civil servant, a one-time allowance shall be paid to members of his/her family in the amount of three average monthly salaries at the most recent place of employment in the state body, at the same time the amount of the allowance may not be lower than that established by the Law of the Republic of Kazakhstan “On State Social Allowances Due to Disability, Loss of Breadwinner and Old Age in the Republic of Kazakhstan”.
      Footnote. Article 56 as amended by the Law of the Republic of Kazakhstan dated 06.04.2016 № 484-V (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 57. Guarantees and compensations to civil servants for business trips

      1. A civil servant shall be reimbursed for business trips, including to foreign states according to the procedure established by the Government of the Republic of Kazakhstan.
      Guarantees and the right to receive a daily allowance for the time of a business trip, travel expenses to the place of destination and back, accommodation expenses according to the legislation of the Republic of Kazakhstan are extended to civil servants.
      2. The place of work (public position) and average salary shall be secured to seconded civil servants for the entire time of their business trip.

Article 58. Guarantees and compensations to diplomatic staff

      Guarantees and compensations to the personnel of the diplomatic service are established by the law defining the legal framework, as well as the procedure for ensuring the activity of the diplomatic service of the Republic of Kazakhstan.

Chapter 10. TERMINATION OF THE CIVIL SERVICE BY CIVIL SERVANTS

Article 59. Termination of the civil service by political civil servants

      Powers of a political civil servant at an occupied political position shall be terminated in cases such as:
      1) the loss of citizenship of the Republic of Kazakhstan;
      2) the abolition (liquidation) of a state body;
      3) submission by a political civil servant of knowingly false information on the income and property fully belonging to him/her;
      4) non-performance of duties and non-compliance with restrictions established by the laws of the Republic of Kazakhstan;
      5) failure to transfer for trust management the property fully owned by him/her;
      6) commission of a corruption offence;
      7) the entry into legal force of the conviction of a court against a political civil servant;
      8) acceptance of resignation pursuant to a political civil servant’s personal written application for resignation;
      9) a relevant decision made by an official (official body) entitled to appoint (select) a political civil servant to his/her civil service position;
      10) transfer to another job;
      11) admission to the civil service of a person who committed a corruption offence or was earlier dismissed for committing a corruption offence or a disciplinary offence discrediting the civil service, as well as for committing a crime as a criminal group member;
      12) admissionto the civil service of a person with regard to whom a criminal case for committing a crime as a criminal group member was terminated by aprosecuting agency or court on the basis of paragraphs 3), 4), 9), 10) and 12) of part one of article 35 or article 36) of the Criminal Procedure Code of the Republic of Kazakhstan before expiration of the lower limit of the custodian sentence specified in the relevant article of the Special Part of the Criminal Code of the Republic of Kazakhstan;
      13) termination of the criminal case on the basis of paragraphs 3), 4), 9), 10) and 12) of part one of article 35 or article 36 of the Criminal Procedure Code of the Republic of Kazakhstan for committing a corruption offence, as well as a criminal case for committing a crime as a criminal group member by a prosecuting agency or court on the basis of paragraphs 3), 4), 9), 10) and 12) of part one of article 35 and article 36 of the Criminal Procedure Code of the Republic of Kazakhstan before expiration of the lower limit of the custodian sentence specified in the relevant article of the Special Part of the Criminal Code of the Republic of Kazakhstan;
      14) submission of knowingly fake documents or information when entering the civil service, which could be grounds for refusing admission to the civil service;
      15) the achievement of a retirement age established by the law of the Republic of Kazakhstan, unless otherwise provided for by the Constitution and laws of the Republic of Kazakhstan.
      Political civil servants appointed by the President of the Republic of Kazakhstan, after reaching the retirement age, may continue to exercise their powers by the decision of the President of the Republic of Kazakhstan for up to five years;
      16) the emergence of other grounds stipulated by the legislation of the Republic of Kazakhstan.
      Powers of a political civil servant may also be terminated in cases of reorganization of a state body, reduction of the number or staffing positions of civil servants, transformation of a political civil service position into an administrative civil service position.

Article 60. Resignation and dismissal of political civil servants

      1. Resignation is political civil servants’ termination of the performance of duties required by a relevant civil service position pursuant to their written applications.
      2. Resignation shall be accepted or given a reasoned refusal by a state body or an official who appointed (selected) a political civil servant to this civil service position. The decision to accept or refuse resignation shall be made within a month from the date of submission of the written application. If resignation is refused, a political civil servant shall continue to exercise his/her official powers and is entitled to dismissal.
      3. Political civil servants shall resign and step down on the grounds and in accordance with the procedure established by the Constitution, this Law and other legislation of the Republic of Kazakhstan.
      If the grounds for resignation are not stipulated by the legislation of the Republic of Kazakhstan, political civil servants resign routinely as prescribed by this Law or the labor legislation of the Republic of Kazakhstan.
      4. A gross violation of official powers, commission of offences incompatible with the civil service, may not serve as grounds for the resignation of a political civil servant, but are grounds for dismissal. The grounds and procedure for dismissal of political civil servants shall be determined by the President of the Republic of Kazakhstan.

Article 61. Termination of the civil service by administrative civil servants

      1. Grounds for the termination of the civil service by administrative civil servants are as follows:
      1) their application for resignation, except for cases of consideration of their responsibility for a corruption offence or committing a disciplinary offence discrediting the civil service;
      2) taking up a different public position;
      3) their reaching of the retirement age established by the law of the Republic of Kazakhstan, with the right to extend the term of their civil service for one year by mutual agreement of the parties;
      4) expiration or termination of the employment contract on the grounds stipulated by the labor legislation of the Republic of Kazakhstan and legislation of the Republic of Kazakhstan on the civil service;
      5) expiration of terms of their powers stipulated by the laws of the Republic of Kazakhstan and acts of the President of the Republic of Kazakhstan;
      6) the transformation of civil service positions held by them into political positions or civil service positions, to which citizens are appointed by local representative bodies or elected in accordance with the laws of the Republic of Kazakhstan;
      7) submission by an administrative civil servant of knowingly false information on the income and property fully owned by him/her;
      8) non-performance of duties and (or) non-compliance with restrictions established by laws of the Republic of Kazakhstan;
      9) failure to transfer for trust management shares or stakes in the authorized capital of commercial organizations and other property fully owned by him/her, the use of which entails the receipt of income, except for money legally owned by this person, as well as property transferred to property lease;
      10) the loss of citizenship of the Republic of Kazakhstan;
      11) commission of a corruption offence;
      12) the entry into legal force of the conviction of a court for committing a crime or an intentional criminal offence;
      13) admission to an administrative civil service position of a person who committed a corruption offence or was earlier dismissed for committing a corruption offence or a disciplinary offence discrediting the civil service, as well as for committing a crime as a criminal group member;
      14) admissionto an administrative civil service position of a person with regard to whom a criminal case for committing a crime as a criminal group member was terminated by aprosecuting agency or court on the basis of paragraphs 3), 4), 9), 10) and 12) of part one of article 35 or article 36) of the Criminal Procedure Code of the Republic of Kazakhstan before expiration of the lower limit of the custodian sentence specified in the relevant article of the Special Part of the Criminal Code of the Republic of Kazakhstan;
      15) termination of the criminal case on the basis of paragraphs 3), 4), 9), 10) and 12) of part one of article 35 or article 36 of the Criminal Procedure Code of the Republic of Kazakhstan for committing a corruption offence, as well as a criminal case for committing a crime as a criminal group member by a prosecuting agency or court on the basis of paragraphs 3), 4), 9), 10) and 12) of part one of article 35 and article 36 of the Criminal Procedure Code of the Republic of Kazakhstan before expiration of the lower limit of the custodian sentence specified in the relevant article of the Special Part of the Criminal Code of the Republic of Kazakhstan;
      16) submission of knowingly fake documents or information when entering the civil service, which could be grounds for refusing admission to the civil service;
      17) non-compliance with the requirements established by this Law when appointed to a civil service position;
      18) the out-of-competition occupation of an administrative civil service position, except for cases established by the laws of the Republic of Kazakhstan;
      19) negative results of the appraisal;
      20) unsatisfactory results of their performance evaluation in accordance with this Law;
      21) commission of a disciplinary offence discrediting the civil service;
      22) other grounds stipulated by laws of the Republic of Kazakhstan and acts of the President of the Republic of Kazakhstan.
      2. Another ground for the termination of the civil service by corps “A” administrative civil servants is the decision of an official (official body) entitled to appoint to and dismiss from a civil service position upon recommendations made by the authorized commission.
      3. Administrative civil servants dismissed in accordance with subparagraphs 7), 8), 9), 11), 12), 13), 14), 15), 16) and 21) of paragraph 1 of this article shall be deemed to be dismissed for cause.
      4. Dismissal of administrative civil servants shall be carried out by the relevant official of a state body who has the right to admit to an administrative civil service position in accordance with this Law.
      5. If an administrative civil servant disagrees with dismissal, he/she has the right to appeal against a decision on dismissal to a higher authority, the authorized body or its territorial subdivisions or a court.
      6. The replacement of political civil servants, as well as heads of state bodies who are administrative civil servants, is not a ground for the termination of civil service duties by an administrative civil servant at the initiative of newly appointed political and (or) administrative civil servants.

Chapter 11. OTHER ISSUES

Article 62. Reinstatement in a civil service position

      1. A person shall be reinstated in his/her civil service position not later than one month from the date of his/her application, if it was filed within three months from the date of entry into force of the acquittal judgment of a court or the order to terminate a criminal case on exonerative grounds.
      2. In case of reinstatement of a civil servant in a public position by a court decision, a person dismissed from this position on this basis has the right to participate in internal competitions within three months according to the procedure established by the legislation of the Republic of Kazakhstan on the civil service.
      3. Civil servants dismissed from a state body due to a criminal conviction and later rehabilitated and reinstated in the respective civil service position, for the time of enforced absence at work shall be compensated for harm caused by illegal actions of bodies conducting criminal proceedings according to the procedure established by the criminal procedure legislation of the Republic of Kazakhstan.
      4. In case of illegal dismissal of civil servants, the damage caused to them in this connection is subject to compensation in full by the state body from which they were dismissed.
      If illegally dismissed civil servants meet the qualification requirements, they shall be reinstated in the civil service in the former (and with their consent - in an equal) civil service position and provided with all the rights they have not received after illegal dismissal. This period is included in the length of the civil service.

Article 63. Appraisal

      1. Appraisal of administrative civil servants shall be carried out by the decision of the President of the Republic of Kazakhstan, who sets its procedure, terms and categories of civil servants to be appraised.
      2. For the appraisal of administrative civil servants, an appraisal commission consisting of at least five members is set up. The appraisal commission is headed by chairman.
      3. Based on the appraisal results, the appraisal commission takes one of the following decisions:
      1) a person fits the occupied civil service position and is recommended for promotion;
      2) a person fits the occupied civil service position;
      3) a person is unfit for the occupied civil service position and is recommended for demotion;
      4) a person is unfit for the occupied civil service position and is recommended for dismissal.
      4. Administrative civil servants who twice failed to attend a meeting of the appraisal commission for no valid reason are recommended to be dismissed.
      5. Administrative civil servants who failed to pass the appraisal and (or) refused to continue the civil service in state bodies in different civil service positions, including lower ones, shall be subject to dismissal.
      6. Advancement in an administrative civil service position as a result of appraisal shall be carried out without opening a competition, if there is a vacant superior administrative civil service position and the civil servant meets the qualification requirements established for this position.
      7. A decision made by the appraisal commission as a result of the appraisal is a ground for nominating a civil servant for a higher administrative civil service position, demotion of a civil servant in an administrative civil service position or his/her dismissal.
      8. A civil servant may appeal against the decision of the appraisal commission to head of a state body, the authorized body or its territorial subdivisions or a court.

Article 64. Employment of foreign employees by state bodies

      1. State bodies may, by the decision of an authorized commission, hire foreign employees in accordance with the labor legislation of the Republic of Kazakhstan. Foreign employees may not hold civil service positions and be officials.
      Positions of foreign employees are established by state bodies in coordination with the authorized commission. Heads of state bodies bear personal responsibility for the quality of the performance of foreign employees hired by state bodies.
      2. Foreign employees hired by state bodies shall be subject to mandatory background check by the national security bodies of the Republic of Kazakhstan according to the procedure established by the national security bodies of the Republic of Kazakhstan together with the authorized body.
      3. The procedure for hiring foreign employees shall be determined by the Government of the Republic of Kazakhstan.
      Footnote. Article 64 as amended by the Law of the Republic of Kazakhstan dated 03.07.2017 № 86-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 65. International cooperation in the field of the civil service

      International cooperation in the field of the civil service is carried out by way of participation of the authorized body of the Republic of Kazakhstan in initiatives, programs and projects involving foreign and international organizations aimed at further development and improvement of the civil service.
      International cooperation includes the following directions:
      1) the formation of international organizations in the field of the civil service and participation in their activities;
      2) training of civil servants in foreign countries;
      3) training of foreign civil servants and other persons in the Republic of Kazakhstan;
      4) joint research on issues relating to the civil service.

Article 66. Other issues of the civil service

      Other issues of the civil service not governed by this Law are regulated by the laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan on the proposal of the authorized body, other regulatory legal acts of the Republic of Kazakhstan.

Chapter 12. FINAL PROVISIONS

Article 67. Financial and logistical support of the civil service

      The financial and logistical support of the civil service shall be provided for the funds of the state budget, the funds of the National Bank of the Republic of Kazakhstan according to the procedure established by the legislative acts of the Republic of Kazakhstan.

Article 68. Transitional provisions

      1. Citizens enrolled in the personnel reserve of corps “B” administrative civil service, prior to the enactment of this Law, may be appointed to administrative civil service positions of corps “B” before the expiry of a one-year period of enrollment in the personnel reserve of corps “B” without opening a competition.
      2. Is excluded by the Law of the Republic of Kazakhstan dated 30.11.2016 № 26-VI (shall be enforced from 01.01.2017).
      Footnote. Article 68 as amended by the Law of the Republic of Kazakhstan dated 30.11.2016 № 26-VI (shall be enforced from 01.01.2017).

Article 69. Order of enactment of this Law

      1. This Law shall enter into force from 1 January 2016.
      2. The Law of the Republic of Kazakhstan dated 23 July, 1999 "On the civil service" shall be considered to have lost force (Bulletin of the Parliament of the Republic of Kazakhstan, 1999, № 21, art. 773; 2001, № 13-14, art. 170; 2003, № 4, art. 24; № 18, art. 142; 2005, № 14, art. 61; 2007, № 9, art. 67; № 17, art. 140; № 19, art. 147; 2009, № 24, art. 122, 126; 2010, № 24, art. 148; 2011, № 11, art. 102; № 20, art. 158; 2012, № 5, art. 36; № 13, art. 91; № 21-22, art. 123; 2013, № 8, art. 50; № 14, art. 75; 2014, № 1, art. 4; № 14, art. 84; № 16, art. 90; № 21, art. 122; № 22, art. 131).
      Footnote. Article 69 as amended by the Law of the Republic of Kazakhstan dated 20.12.2016 № 33-VІ (shall be enforced upon expiry of ten calendar days after the day its first official publication).
      The President
of the Republic of Kazakhstan
N. NAZARBAYEV

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