Unofficial translation
Footnote. The title in the wording of the resolution of the Government of the RK dated 02.10.2020 № 636 (shall be enforced from the day of its first official publication).In accordance with Article 34, paragraph 4 of the Law of the Republic of Kazakhstan dated November 23, 2015 "On state service of the Republic of Kazakhstan," the Government of the Republic of Kazakhstan hereby RESOLVED as follows:
Footnote. The preamble in the wording of the resolution of the Government of the RK dated 02.10.2020 № 636 (shall be enforced from the day of its first official publication).1. To approve the attached Rules for training, retraining and further training of civil servants and the requirements for educational organizations executing advanced training of civil servants.
Footnote. Paragraph 1 in the wording of the resolution of the Government of the RK dated 02.10.2020 № 636 (shall be enforced from the day of its first official publication).2. This decree shall come into force from the date of its first official publication.
Prime Minister | |
of the Republic of Kazakhstan | B. Sagintayev |
Approved by the decree no.125 of the Government of the Republic of Kazakhstan dated March 15, 2018 |
Rules
for training, retraining and further training of civil servants, requirements for educational organizations executing advanced training of civil servants
Footnote. The title in the wording of the resolution of the Government of the RK dated 02.10.2020 № 636 (shall be enforced from the day of its first official publication).
1. These Rules for training, retraining and further training of civil servants, requirements for educational organizations executing advanced training of civil servants (hereinafter referred to as the Rules) developed in accordance with Article 34, paragraph 4, of the Law of the Republic of Kazakhstan dated November 23, 2015 "On state service of the Republic of Kazakhstan" (hereinafter referred to as the Law) and shall determine the procedure for training in programs of postgraduate education, retraining and further training of civil servants in programs of additional education in educational organizations provided for in these Rules, as well as requirements for educational organizations carrying out advanced training of civil servants.
Footnote. Paragraph 1 in the wording of the resolution of the Government of the RK dated 02.10.2020 № 636 (shall be enforced from the day of its first official publication)Chapter 1. Training and retraining of civil servants
2. The training of civil servants shall be carried out on the basis of a state educational order to send a state body to the Academy of Public Administration under the President of the Republic of Kazakhstan (hereinafter referred to as the Academy of Public Administration) and the Academy of Justice under the Supreme Court of the Republic of Kazakhstan (hereinafter referred to as the Academy of Justice).
The term of study under postgraduate education programs and the procedure for admission to training shall be determined by the rules for admission to training approved by educational organizations, as well as in accordance with the current legislation of the Republic of Kazakhstan.
Under the state order, civil servants have the right to study in postgraduate education programs.
Civil servants shall be allowed to participate in the competition for training within the framework of the state educational order under postgraduate education programs, taking into account the combined terms of study and subsequent development, which do not exceed the retirement age established by law at the time of submission of documents, as well as their holding a permanent position in the state body.
If a public servant is sent by a state body to study under a state order for postgraduate education, he/she shall be granted leave without pay and shall retain his/her place of work (position).
A civil servant shall be obliged to complete his studies within the framework of the state order for postgraduate education programs in the direction of a state body, including obtaining a degree in the corresponding postgraduate education program.
Civil servants who have successfully completed their studies shall be issued a document confirming the full mastery of the professional educational program of postgraduate education.
Footnote. Paragraph 2 in the wording of the resolution of the Government of the RK dated 02.10.2020 № 636 (shall be enforced from the day of its first official publication).3. Retraining of persons entered for the first time the administrative public service of corps "B" or for the first time appointed to a leading administrative position of the corps "B", shall be conducted in the Academy of Public Administration and its branches (hereinafter referred to as the branches).
4. In Academy of public administration there shall undergo retraining of civil servants of corps "B" of groups of categories "A", "B", categories категорий С-1, С-2, С-3, С-4, С-5, С-О-1, С-О-2, D-1, D-2, D-3 (head of the structural subdivision), D-O-1, E-1 and also civil servants of local executive bodies, territorial subdivisions of the central executive and central state authorities located in the city of Nur-Sultan.
In the branches of the Academy of Public Administration, civil servants of the B corps of categories D-3 (with the exception of the head of the structural subdivision), D-4, D-5, С-О-3, С-О-4, С-О-5, С-О-6, C-R-1, C-R-2, C-R-3, C-R-4, C-R-5, D-O-2, D-O-3, D-О-4, D-О-5, D-О-6, Е-2, E-3, E-4, E-5, E-R-1, E-R-2, E-R-3, E-R-4, E-R-5, E-G-1, E-G-2, E-G-3, E-G-4 shall be retrained.
Footnote. Paragraph 4 in the wording of the resolution of the Government of the RK dated 02.10.2020 № 636 (shall be enforced from the day of its first official publication).4-1. Training under the program "Head of the new formation" for political servants and special retraining courses when appointed to senior positions shall be carried out at the Academy of Public Administration and autonomous educational organizations. The program "Head of the new formation" shall be developed by the Academy of Public Administration together with the autonomous organization of education.
Special retraining courses shall include special curricula and training methods developed by the Academy of Public Administration in conjunction with the autonomous organization of education for administrative civil servants of corps A, as well as other categories of civil servants determined by the authorized body for public service affairs in agreement with the Administration of the President of the Republic of Kazakhstan.
Footnote. The Rules as added by the paragraph 4-1in accordance with the resolution of the Government of the RK dated 02.10.2020 № 636 (shall be enforced from the day of its first official publication).5. Civil servants shall be assigned to retraining no later than six months from the date of appointment to the position.
6. Civil servants who first entered the administrative public service of corps "B" shall undergo retraining in full-time, online (in real time through Internet connections, webinars), remote and/or combined (face-to-face) forms.
Persons who have previously held positions in law enforcement and special state bodies, as well as military personnel who have been dismissed from service after reaching the age limit in military service shall be exempted from retraining.
Footnote. Paragraph 6 in the wording of the resolution of the Government of the RK dated 02.10.2020 № 636 (shall be enforced from the day of its first official publication).7. Civil servants, first appointed to the leading administrative state position of corps B, shall be retrained in full-time and/or online (in real time through Internet connections, webinars) forms.
Persons with at least one (1) year experience in leading positions in previous areas of activity in the quasi-public sector and/or in the civil, military and law enforcement services shall be exempted from retraining.
Footnote. Paragraph 7 in the wording of the resolution of the Government of the RK dated 02.10.2020 № 636 (shall be enforced from the day of its first official publication).8. The duration of the terms of retraining shall be at least 120 academic hours.
9. Civil servants who have successfully completed retraining shall be issued with a document confirming completion of retraining courses in paper and/or electronic form.
In the document confirming the completion of retraining courses, information shall be indicated about the civil servant who has undergone retraining (surname, first name, patronymic (if any), the name of the educational institution in which the civil servant underwent retraining, the name of the retraining course, the number of academic hours and the period of retraining courses, position, surname, first name, patronymic (if available), the signature of the authorized person of the educational institution, the number of the certificate of retraining, the city in which the retraining took place, and the seal of the educational institution.
The document confirming the completion of retraining courses, issued in electronic form, shall be certified by the electronic digital signature of the authorized person of the educational institution.
Footnote. Paragraph 9 in the wording of the resolution of the Government of the RK dated 13.12.2019 № 925).10. If a civil servant passes the retraining off-job, his salary shall be preserved for this period.
Chapter 2. Advanced training of civil servants
11. The Academy of Public Administration and the Autonomous Organization of Education shall provide further training for political civil servants.
The training of administrative civil servants of Corps "A" shall be carried out at the Academy of Public Administration, administrative civil servants of Corps "B" - at the Academy of Public Administration and its branches.
The professional development of civil servants of the "B" corps can be carried out in educational organizations that carry out advanced training of civil servants, according to the profile of the state body.
Footnote. Paragraph 11 in the wording of the resolution of the Government of the RK dated 02.10.2020 № 636 (shall be enforced from the day of its first official publication).11-1. The Personnel management service shall organize work to improve the skills of civil servants in educational organizations that carry out advanced training of civil servants, according to the profile of the state body.
Educational organizations that carry out advanced training of public servants must meet the requirements provided for by the current legislation of the Republic of Kazakhstan regulating educational activities.
In order to ensure the proper quality of professional training of civil servants for educational organizations implementing programs for improving the qualifications of administrative servants of Corps B, the following requirements shall be set for personnel, educational, methodological and material and technical support:
1) conduct of advanced training by persons with a doctorate or candidate of science degree, an academic Ph.D. or master's degree and having practical experience in professional activities and/or conducting trainings in the field corresponding to the topic of the seminar for at least the last 3 years;
2) conduct of advanced training sessions with the involvement of at least 40% of lecturers from among the staff of the organization;
3) compliance of the content of the training programs of the seminars with the specifics of the activity of the contracting authority, as well as with the requirements defined in the technical specification to the Contract on Public Procurement;
4) availability on the right of ownership or under the lease agreements of the auditing fund, corresponding to the volume of the contingent of students, sanitary and technical standards and rules;
5) ownership of the library fund, computer and interactive equipment with access to the Internet, corresponding to the volume of participants in the programs of advanced training seminars.
Organizations of education that improve the qualifications of civil servants in the provision of educational services shall be guided by the Methodology for calculating the cost of retraining and advanced training of civil servants, approved by the authorized body for civil service affairs.
The list of organizations providing educational services to improve the qualifications of civil servants shall be determined by the Coordinating Council under the authorized body for civil service affairs.
Footnote. The Rules as added by the paragraph 11-1in accordance with the resolution of the Government of the RK dated 02.10.2020 № 636 (shall be enforced from the day of its first official publication).12. Administrative civil servants of corps "A" shall pass the advanced training at least once in three year.
Advanced training shall be conducted on assignment, corresponding to functional duties of a civil servant.
13. Excluded by the resolution of the Government of the RK dated 02.10.2020 № 636 (shall be enforced from the day of its first official publication).14. In Academy of public administration there undergo skills development public servants of corps "B" of groups of categories "A", "B", categories С-1, С-2, С-3, С-4, С-5, С-О-1, С-О-2, D-1, D-2, D-3 (head of the structural subdivision), D-O-1, D-O-2, E-1 and also civil servants of local executive bodies, territorial divisions of the central executive and central public authorities located in the city of Nur-Sultan.
In branches of Academy of public administration there undergo skills development public servants of building "B" of categories D-3 (except for the head of the structural unit), D-4, D-5, S-O-3, S-O-4, S-O-5, S-O-6, C-R-1, C-R-2, C-R-3, C-R-4, C-R-5, D-O-3, D-O-4, D-O-5, D-O-6, E-2, E-3, E-4, E-5, E-R-1, E-R-2, E-R-3, E-R-4, E-R-5, E-G-1, E-G-2, E-G-3, E-G-4. Employees of this category can undergo advanced training in the profile of the activities of the state body in educational organizations that shall carry out advanced training of public employees.
Judicial officials may also receive further training at the Academy of Justice.
Footnote. Paragraph 14 in the wording of the resolution of the Government of the RK dated 02.10.2020 № 636 (shall be enforced from the day of its first official publication).15. The employees of corps "B" shall pass the advanced training:
1) at least once in three years;
2) in the case of receiving the grade “unsatisfactory” for the year within three months based on the results of the evaluation of the performance of employees.
Advanced training in the events, stipulated by subparagraph 1) of this paragraph shall be conducted on direction, corresponding the functional duties and aimed at development of competencies of a civil servant.
Advanced training in the events, stipulated by subparagraph 2) of this paragraph, shall be conducted on direction, on which the activities of a civil servant have been recognized unsatisfactory.
16. The duration of the advanced training shall be from 8 to 80 academic hours except for the advanced training in the foreign and international organizations of education.
17. Administrative civil servants, passed the retraining courses shall be assigned to advanced training workshops no later than three years from the date of completion of the retraining courses.
18. Advanced training of civil servants may be conducted under the training programs of the Academy of Public Administration with invitation of foreign teachers.
19. Civil servants who have successfully completed advanced training shall be issued a certificate confirming completion of advanced training, in paper and/or electronic form.
The certificate shall contain information about a civil servant who has undergone advanced training (surname, first name, patronymic (if any), the name of the educational institution in which the state employee underwent advanced training, the direction of advanced training, the number of academic hours and the period of advanced training, position, surname, first name, patronymic (if any), the signature of the authorized person of the educational institution, the certificate number, the city in which advanced training took place, and the seal of the educational institution.
The certificate issued in electronic form shall be certified by the electronic digital signature of the authorized person of the educational institution.
Footnote. Paragraph 19 in the wording of the resolution of the Government of the RK dated 13.12.2019 № 92520. In the event of allocation of funds and technical aid by the international organizations, governments of foreign states or other organizations, or other means, not prohibited by the current legislation of the Republic of Kazakhstan, the state body shall assign to the advanced training a civil servant, whose functional duties comply with the theme of the advanced training.
21. If a civil servant passes the off-job advanced training, his salary shall be preserved for this period.
Chapter 3. Coordination of training, retraining and advanced training of civil servants
22. For the purposes of elaboration of offers on improvement of organization of training, retraining and advanced training, the Coordination Board shall be established under the authorized body for civil service affairs. The authorized body for civil service affairs shall approve the regulations and the composition of the Coordination Board.
23. Human Resources Management services (HR services) of central state bodies, their departments and territorial divisions no later than the 10th day of the month following the reporting quarter, using the integrated information system “e-kyzmet” or other information systems shall submit to the authorized body for civil service affairs a report on civil servants passed retraining and advanced training, in accordance with the form established by the authorized body for civil service affairs.
Human Resources Management services (HR services) of local executive and representative bodies no later than the 5th day of the month, following the reporting quarter using the integrated information system “e-kyzmet” or other information systems shall submit to the territorial subdivisions of the authorized body for civil service affairs a report on civil servants passed retraining and advanced training, in accordance with the form established by the authorized body for civil service affairs.
Chapter 4. The procedure for work repayment of civil servants who have completed training
in the framework of a state order at a state body and at civil service
24. A civil servant, after completing his studies under postgraduate education programs, has been working in the civil service for at least three years, unless otherwise established by the legislation of the Republic of Kazakhstan, and for at least one year immediately after completing his studies, he carries out labor activities in the state body that sent him to study.
During the work-out period, the period when a civil servant shall be on social leave shall not be counted, with the exception of being on maternity or childcare leave until the child reaches the age of three.
After completing his studies in postgraduate education, a public servant who has carried out work for at least three months immediately after completing his studies in the state body, having sent him for training, may continue to work out in another state body in case he occupies a higher position in this state body following the results of the competition, including in the procedure for transferring and/or enrolling a person in the Presidential Youth Personnel Reserve by decision of the National Commission on Youth Personnel Reserve under the President of the Republic of Kazakhstan.
Footnote. Paragraph 24 in the wording of the resolution of the Government of the RK dated 02.10.2020 № 636 (shall be enforced from the day of its first official publication).25. The obligation of a civil servant, stipulated by paragraph 24 of the Rules, shall be terminated prematurely without reimbursement of budgetary funds, allocated for his training and costs related to the training in cases:
1) of death of a civil servant, certified by the corresponding documents;
2) termination of the civil service on the basis of subparagraph 3) of paragraph 1 of article 61 of the Law of the Republic of Kazakhstan "On the Civil Service of the Republic of Kazakhstan".
26. A civil servant upon completion of the training on the programs of postgraduate education shall return to the civil service for work repayment no later than 30 (thirty) calendar days from the date of issuance of the document, certifying its completion.
27. Counting of the term of work repayment in a state body that assigned a civil servant to the training within the framework of a state order on programs of postgraduate education shall start from the moment of issuing an act of a state body on commencement of work by the civil servant who has been preserved the place of work.
28. In the event of a reorganization of a state body that has sent a civil servant for training, training shall be carried out in a reorganized state body, taking into account Article 56, paragraphs 6 to 10, of the Law.
Footnote. Paragraph 28 in the wording of the resolution of the Government of the RK dated 02.10.2020 № 636 (shall be enforced from the day of its first official publication).29. In the event of the abolition (liquidation) of the state body that sent the civil servant to the training, the civil servant, after completing the training, shall work in the civil service for three years.
30. The conditions for work repayment at the civil service and in the state body after completing training at the Academy of Justice, other obligations of a civil servant shall be reflected in the relevant training agreement stipulated by the Rules for admission to the Academy of Justice under the Supreme Court of the Republic of Kazakhstan.
The conditions for work repayment at the public service and in a state body after completing the training at the Academy of Public Administration, other obligations of a civil servant, including the obligation of a civil servant to study at a doctoral program to defend his doctoral dissertation at the dissertation council for three years after completing his studies, shall be reflected in the relevant agreement for training, provided for in the Rules for admission to the Academy of Public Administration under the President of the Republic of Kazakhstan.
Failure to fulfill the above obligations shall entail reimbursement to civil servants of the budget allocated for their training and related costs.
Footnote. Paragraph 30 as amended with the resolution of the Government of the RK dated 02.10.2020 № 636 (shall be enforced from the day of its first official publication).30-1. In case of non-fulfillment of obligations by civil servants of the Academy of Public Administration and the Academy of Justice, measures shall be taken to recover the funds allocated for its training in the manner prescribed by the legislation of the Republic of Kazakhstan.
Footnote. The Rules as added by the paragraph 30-1in accordance with the resolution of the Government of the RK dated 02.10.2020 № 636 (shall be enforced from the day of its first official publication).Chapter 5. Other issues of training, retraining and advanced training of civil servants
31. The authorized body for civil service affairs shall plan expenses for training, retraining and advanced training in accordance with the requirements of the budget legislation of the Republic of Kazakhstan.
Footnote. Paragraph 31 in the wording of the resolution of the Government of the RK dated 02.10.2020 № 636 (shall be enforced from the day of its first official publication).32. Local executive bodies shall plan the expenses for training, retraining and advanced training in the Academy of Public Administration in accordance with the requirements of the budgetary legislation of the Republic of Kazakhstan.
33. Administrators of budgetary programs shall plan the expenses for training, retraining and advanced training of civil servants in accordance with the budgetary legislation of the Republic of Kazakhstan.
Advanced training be conducted in accordance with the requirements of the state bodies, except for the advanced training in the foreign and international organizations of education.
In the event of creation of a uniform human resources management service (HR service), the administrator of budgetary program shall be the state body, in which structure it is takes place.