On approval of criteria for risk assessment and checklists for compliance with the legislation in the sphere of civil service by state bodies and observance of standards of official ethics by civil servants

Invalidated Unofficial translation

Joint order of the Chairman of the Agency of the Republic of Kazakhstan on Civil Service Affairs and Anti-Corruption of October 31, 2018 No. 252 and Minister of National Economy of the Republic of Kazakhstan of October 31, 2018 No. 45. Registered with the Ministry of Justice of the Republic of Kazakhstan on October 31, 2018 No. 17654. Abolished by the joint order of the Chairman of the Agency for Civil Service Affairs of the Republic of Kazakhstan dated November 23, 2022 No. 233 and the Minister of National Economy of the Republic of Kazakhstan dated November 25, 2022 No. 89

      Unofficial translation

      Footnote. Abolished by the joint order of the Chairman of the Agency for Civil Service Affairs of the Republic of Kazakhstan dated November 23, 2022 No. 233 and the Minister of National Economy of the Republic of Kazakhstan dated November 25, 2022 No. 89 (effective from 01.01.2023).

      In accordance with Article 141, paragraph 3, and Article 143, paragraph 1, of the Entrepreneur Code of the Republic of Kazakhstan dated 29 October 2015, we hereby ORDER:

      1. To Approve the enclosed:

      1) criteria for risk assessment for compliance with the legislation in the civil service by state bodies and observance with the standards of official ethics by civil servants, according to Appendix 1 to this joint order;

      2) A checklist for compliance with the legislation in the sphere of civil service by state bodies and observance of standards of official ethics by civil servants, according to Appendix 2 to this joint order.

      2. Joint order № 76 of the Minister of Civil Service Affairs of the Republic of Kazakhstan dated April 14, 2016 and № 186 of the Minister of National Economy of the Republic of Kazakhstan dated April 26, 2016 "nO Approval of Criteria for Risk Assessment and Checklists for Compliance with the Legislation in the Sphere of Civil Service by State Bodies and Observance of Standards of Official Ethics by Civil Servants "(registered in the Register of State Registration of Regulatory Legal Acts under № 13744, published on June 8, 2016 in Legal Information System "Adilet") shall be declared to be no longer in force.

      3. The Department of Control in the sphere of Civil Service of the Agency of the Republic of Kazakhstan for Civil Service Affairs and Anti-Corruption in accordance with the legislation shall:

      1. ensure state registration of this joint order with the Ministry of Justice of the Republic of Kazakhstan;

      2) within ten calendar days, from the date of state registration of this joint order, direct the copy of it both in Kazakh and Russian languages to the Republican State Enterprise on the Right of Economic Management "Republican Center of Legal Information" of the Ministry of Justice of the Republic of Kazakhstan for official publication and inclusion in the Reference Control Bank of Laws and Regulations of the Republic of Kazakhstan;

      3) place this joint order on the Internet resource of the Agency of the Republic of Kazakhstan for Civil Service and Anti-corruption.

      4. Control over the execution of this joint order shall be entrusted to Deputy Chairman of the Agency of the Republic of Kazakhstan for Civil Service Affairs and Anti-corruption O. A. Bektenova.

      5. This joint order shall come into effect upon expiry of ten calendar days after the day of its first official publication.

      Chairman of the Agency
      of the Republic of Kazakhstan
      for Civil Service Affairs
      and Anti-Corruption ________________ A. Shpekbayev
      Minister of National Economy
      of the Republic of Kazakhstan ________________ T. Suleimenov

      "AGREED"

      with the Committee

      on Legal Statistics and

      Special Accounting

      Prosecutor General of the

      Republic of Kazakhstan

  Appendix 1
to joint order № 252 of the
Chairman of the Agency of the
Republic of Kazakhstan for
Civil Service Affairs and
Anti-Corruption
dated October 31, 2018
and № 45 of the Minister of
National Economy
of the Republic of Kazakhstan
dated October 31, 2018

Criteria for risk assessment for compliance with the legislation in the sphere of civil service by
state bodies and observance of standards of official ethics by civil servants
Chapter 1. General provisions

      1. These Criteria for assessing the degree of risk for compliance with legislation in the field of civil service by state bodies and compliance with official ethics by civil servants (hereinafter referred to as the Criteria) have been adopted in accordance with the Entrepreneurial Code of the Republic of Kazakhstan, the Law of the Republic of Kazakhstan "On the Civil Service of the Republic of Kazakhstan" (hereinafter referred to as Law), the Code of Ethics for Civil Servants of the Republic of Kazakhstan (Rules of Ethics of Civil Servants), approved by the Decree of the President of the Republic of Kazakhstan dated December 29, 2015 No. 153 (hereinafter referred to as the Code of Ethics), as well as the Rules for the formation by state bodies of a risk assessment system and forms of checklists, approved by the order of the Acting Minister of the National Economy of the Republic of Kazakhstan dated July 31, 2018 No. 3 (registered in the Register of State Registration of Regulatory Legal Acts No. 17371) for selection by the Agency of the Republic of Kazakhstan for State Affairs of the National Service (hereinafter referred to as the Agency) and its territorial subdivisions of state bodies for the purpose of conducting inspections and preventive control with a visit to the subject of control.

      Footnote. Paragraph 1 - as amended by the joint order of the Chairman of the Agency of the Republic of Kazakhstan for Civil Service Affairs dated July 9, 2021 No. 119 and the Minister of National Economy of the Republic of Kazakhstan dated July 12, 2021 No. 69 (shall come into effect after the day of its first official publication).

      2. The following concepts shall be used in these criteria:

      1) Entities subject to control – state bodies of the Republic of Kazakhstan;

      2) Risk – the probability of causing harm as a result of activity of the entities subject to control (or their civil servants) to the rights and lawful interests of civil servants, other persons in state bodies, interests of an individual and legal entities, property interests of the state taking into account the severity of its consequences;

      3) The system of risk assessment of the Agency and its territorial subdivisions – a set of measures carried out by the Agency and its territorial subdivisions with the purpose of appointment of preventive control with visiting the entity subjected to control;

      4) objective criteria for risk assessment of compliance with the legislation in the field of civil service by State bodies and compliance with the standards of official ethics of civil servants (hereinafter referred to as the objective criteria)-criteria for risk assessment in civil service and ethics used by the Agency and its territorial subdivisions to select the entities subject to control, depending on the degree of risk in the civil service and the ethics associated with the possibility occurrence of an unfavorable accident for legitimate interests of an individual and legal entities, the state;

      5) subjective criteria for risk assessment of compliance with the legislation in the field of civil service by state bodies and compliance with the standards of official ethics of civil servants (hereinafter referred to as the subjective criteria)-evaluation criteria degree of risk in the sphere of civil service and ethics used by the Agency and its territorial subdivisions to select the entity subject to control depending on the results of the activity of a particular control entity;

      6) gross violations – violations of the requirements established by the Law, the Ethics Code, as well as regulatory legal acts in the sphere of civil service, having a determining negative impact on the observance of civil relations connected with entering civil service, its passage, termination, legal status, material provision and social protection of civil servants, issues of activity of other persons in State bodies, including those entailing Administrative responsibility, as well as ineffective activity of State bodies on the results of annual assessment in the direction of "Personnel Management";

      7) Major violations-violations of the requirements established by the law, the Ethics Code, as well as regulatory legal acts in the field of civil service, not having a determining negative impact on the observance of civil relations, related with the admission to the civil service, its passage, termination, legal status, material security and social protection of civil servants, issues of activity of other persons in State bodies, including those entailing administrative responsibility, as well as low efficiency of the State bodies on the results of the annual assessment in the direction of "Personnel Management";

      8) Minor violations-violations of the requirements established by the Law, the Ethics Code, as well as regulatory legal acts in the field of civil service, which shall affect the observance of civil relations related to the receipt of civil service, its passage, termination, legal status, material provision and social protection of civil servants, issues of activity of other persons in State bodies, including entailing administrative responsibility.

      3. The entities subjected to control, classified to a high degree of risk in the sphere of civil service and official ethics, shall be subject to preventive control with a visit to the entities subjected to control.

Chapter 2. Methods of preventive control with the visit to the entity subject to control

      4. Criteria for risk assessment for preventive control with the visit to the entity subject to control shall be formed through objective and subjective criteria.

Paragraph 1. Objective criteria

      5. Objective criteria shall be defined by the following stages:

      1) definition of the risk;

      2) grouping and distribution of entities subject to control by degrees of risk (high and not related to high).

      6. The objective criteria to a high degree of risk shall include the entities subject to control:

      1) conducting the competition for the vacant administrative civil office;

      2) appointed citizens to the civil service in the non-competitive order;

      3) conducting rotation of civil servants;

      4) sending civil servants to study;

      5) conducting attestation of civil servants;

      6) which brought civil servants to disciplinary responsibility ;

      7) in which reorganization, downsizing, change of management structure, renaming of posts, as well as transferred functions, powers and (or) staff units of another state body, including liquidated ( abolished) or reorganized state body;

      8) attracting foreign workers to work;

      9) changing the qualification requirements to administrative State positions;

      10) which dismissed civil servants;

      11) in which citizens were reinstated in civil office;

      12) in respect to the activities of which, or actions (inaction) of civil servants of these entities subject to control, the mass media (including Internet resources) published negative materials or there were available information that caused civil resonance during the year;

      13) in which three or more inspections have been conducted during the year for compliance with the requirements of the civil service legislation and the standards of professional ethics;

      14) in relation to the activities of which, or actions (inaction) of state employees of these entities subject to control three or more complaints have been registered during the year;

      15) the civil servants of which involved to administrative responsibility;

      16) which civil servants have been convicted by the court for committing a criminal offence;

      17) which civil servants have been convicted by the court for committing a corrupt act;

      18) in respect of which an evaluation of organizational development effectiveness had been carried out.

      After the risk is determined, the entities subject to control shall be divided into two degrees of risk (high and not high).

      For entities subject to control, classified according to objective criteria to a high degree of risk, subjective criteria shall be applied in order to conduct preventive control with the visit to the entity subject to control.

Paragraph 2. Subjective criteria

      7. The definition of subjective criteria shall be carried out using the following stages:

      1) database formation and information gathering;

      2) information analysis and risk assessment.

      8. Formation of a database and gathering of information shall be necessary for revealing entities subject to control (state employees of entities subject to control) violating the legislation of the Republic of Kazakhstan in the sphere of civil service and norms of official ethics.

      The following sources of information shall be used to assess the degree of risk:

      1) Results of previous inspections and preventive control with visiting to the entities of the agency subject to control and its territorial subdivisions, Executive Office of the President of the Republic of Kazakhstan, authorized state body on labour, local Labour inspection and supervision bodies;

      2) Results of monitoring of reports and information submitted by entities subject to control, including through automated information systems, conducted by the Agency and its territorial subdivisions;

      3) Existence of unfavorable incidents, which have arisen due to the fault of State bodies or civil servants, which caused civil resonance and criticism of the civil administration system;

      4) Availability and quantity of confirmed complaints and appeals of individuals and legal entities concerning entities subject to control on infringement of requirements of the legislation in the sphere of civil service and non-observance of official ethics by civil servants;

      5) Analysis of official Internet resources of State bodies, mass media;

      6) Results of analysis of the information submitted by the authorized bodies and organizations, and also received from other sources of the information.

      9. Based on available sources of information, the Agency and its territorial subdivisions shall form subjective criteria to be evaluated.

      Analysis and evaluation of subjective criteria shall allow to concentrate preventive control with the visit to the entity in relation to the entity subject to control with the greatest potential risk.

      In this case, the analysis and evaluation shall not be applied the data of subjective criteria, previously accounted for and used in relation to a particular entity subject to control or data on which the period of limitation in accordance with the legislation of the Republic of Kazakhstan has expired.

      10. The subjective criteria and the degree of rudeness of the violations (minor, major and gross) shall be defined in the Appendix to these criteria.

      11. Based on the priority of the information sources used in accordance with Chapter 3 of these Criteria, the total risk level shall be calculated according to subjective criteria on a scale from 0 to 100.

      In terms of the degree of risk, the entity subject to control shall be included:

      1) to a high degree of risk – with the rate of risk from 61 to 100 inclusive and in relation to it preventive control shall be carried out with the visit to the entity subject to control;

      2) not classified to a high degree of risk-with a risk level of 0 to 60 inclusive and in relation to it preventive control shall not be carried out with a visit to the entity subject to control.

      12. The frequency of preventive control with the visit to the entity subject to control shall be determined by the results of the conducted analysis and evaluation of the information received by subjective criteria and shall not be held more often than once a year.

      13. Preventive control with the visit to the entity subject to control shall be conducted on the basis of semi-annual lists of preventive control with visiting the entity subject to control, formed in accordance with paragraph 3 of Article 141 of the Entrepreneur Code.

      14. Preventive control lists with a visit to the entity subject to control shall be compiled by the agency and its territorial subdivisions, taking into account:

      1) The priority of the audited entities with the highest level of risk according to subjective criteria.

Chapter 3. Procedure for calculating the total risk level according to subjective criteria

      15. In order to classify the entity subject to control to the risk level, the following procedure for calculating the risk rate shall be applied.

      In case of revealing one gross violation, the entity subject to control shall be equated with the risk level of 100 and in relation to it, preventive control shall be carried out with a visit to the entity subject to control.

      If no gross violations have been identified, the total of the violations shall be calculated in a significant and minor measure to determine the risk level.

      In determining the indicator of significant violations the coefficient 0.7 shall be applied and this indicator shall be calculated according to the following formula:



      Where shall be:


- the indicator of major violations;

- Required number of major violations;

- The number of major violations detected;

      In determining the indicator of minor violations the coefficient 0.3 shall be applied and this indicator shall be calculated according to the following formula:



      Where shall be:


- is an indicator of minor violations;

– the required number of minor violations;

– The number of minor violations detected;

      The total risk level (

) shall be calculated on a scale from 0 to 100 and shall be determined by summing up the indicators of major and minor violations according to the following formula:


      Where shall be:


- Total risk level;

- the indicator of major violations;

- is an indicator of minor irregularities.

  Annex
to the Criteria for assessing the degree
of risk for compliance with legislation in the
field of civil service by public authorities and
compliance with the standards of professional
ethics by civil servants

Subjective criteria for assessing the degree of risk for compliance with the law in the field of civil
service by state bodies and compliance with the standards of professional ethics by civil servants

      Footnote. Subjective criteria - as amended by the joint order of the Chairman of the Agency of the Republic of Kazakhstan for Civil Service Affairs dated July 9, 2021 No. 119 and the Minister of National Economy of the Republic of Kazakhstan dated July 12, 2021 No. 69 (shall come into effect after the day of its first official publication).

No.

Subjective Criteria

Degree of violation*

The results of previous inspections and preventive control with visits to the subjects of control of the Agency and its territorial divisions, the Administration of the President of the Republic of Kazakhstan, the authorized state body for labour, local bodies for labour inspection and supervision of the prosecutor's office

1

Ensuring compliance with the basic principles on which the civil service is based - the unity of the civil service system, regardless of the division of state power into legislative, executive and judicial branches; priority of the rights, freedoms and legitimate interests of citizens over the interests of the state; efficiency, effectiveness, transparency in the activities of state bodies, equal right of citizens to access to public service, professionalism of civil servants, meritocracy, mandatory execution of decisions taken by higher state bodies and officials within their powers, for subordinate civil servants and civil servants of lower state bodies, controllability and accountability of civil servants, personal responsibility for non-performance or improper performance of official duties by civil servants and excess of their official powers, intolerance for offences, consideration of public opinion and publicity, with the exception of activities constituting state secrets or other secrets protected by law, legal and social security of civil servants, equal pay for work of equal value, encouragement of civil servants for exemplary performance of official duties, impeccable civil service, performance of tasks of particular importance and complexity, continuity of training of civil servants and development of necessary competencies

Gross violation

2

Ensuring that civil servants comply with the obligations to be impartial and independent from the activities of political parties, public and religious associations in the exercise of their official powers

Gross violation

3

Compliance of the activities of the personnel management service (personnel service) of the state body with the following requirements - coordination of the activities of the structural divisions of the state body for the implementation of the legislation of the Republic of Kazakhstan in the field of public service, organization of the activities of disciplinary, competitive and other commissions on personnel issues, ensuring compliance with the procedures for assessing the activities of administrative state civil servants, competitive selection, promotion of civil servants, internal investigations, bringing civil servants to disciplinary responsibility, dismissal of civil servants, organization of personnel selection, execution of documents related to the passage of civil servants in the civil service, accounting of personal data of civil servants, information about the results assessing the activities of administrative civil servants and undergoing training, including in a unified a automated database (information system) on civil service personnel, ensuring compliance with the restrictions associated with being in the civil service, organizing internships, mentoring, performance evaluation, training, retraining and advanced training of civil servants in accordance with the established deadlines, developing a procedure for applying incentives to civil servants employees, as well as the exercise of other powers

Significant violation

4

Ensuring organizational independence from other structural divisions of the state body, directly subordinate to the head of the apparatus, and in state bodies in which the position of the head of the apparatus has not been introduced, to the head of the state body, the personnel management service (personnel service)

Significant violation

5

Creation of a unified personnel management service (personnel service) of regional, cities of republican significance, the capital, district, and city executive bodies financed from local budgets, by the decision of an official (body) entitled to appoint heads of these executive bodies

Significant violation

6

Creation of a unified personnel management service (personnel service) of the district, and city territorial divisions by decision of the head of the interregional or regional territorial division of the central state body and its department or higher authority

Significant violation

7

Ensuring the observance of the rights of a civil servant in terms of legal and other protection, if he/she brings to the attention of the management of the state body in which he/she works, and (or) to law enforcement agencies about reliable cases of corruption offences that have become known to him

Gross violation

8

Ensuring the observance of the rights of civil servants in terms of labour protection, health, safe and necessary working conditions for efficient work

Gross violation

9

Ensuring the observance of the rights of civil servants in terms of social and legal protection

Gross violation

10

Ensuring the observance of the rights of civil servants in terms of respect for personal dignity, fair and respectful attitude towards themselves on the part of managers, other officials and citizens

Gross violation

11

Ensuring the observance of the rights of civil servants in terms of incentives and remuneration depending on the public position held, the quality of work, experience and other grounds

Gross violation

12

Ensuring the observance of the rights of civil servants in terms of maintaining a place of work (public position) in cases where a civil servant is sent by a state body to study under the state order for postgraduate programs or an internship

Gross violation

13

Ensuring the observance of the rights of civil servants in terms of unimpeded familiarization with materials related to the performance of civil servants in the civil service, as well as the right to demand an internal investigation in the presence of groundless, in the opinion of a civil servant, accusations

Gross violation

14

Ensuring the implementation of functions by civil servants in accordance with their official powers

Gross violation

15

Ensuring compliance by civil servants with official discipline

Gross violation

16

Ensuring the implementation by civil servants of orders and orders of heads, decisions and instructions of higher bodies and officials issued within their official powers

Gross violation

17

Ensuring non-disclosure by civil servants of information received in the exercise of their official powers, affecting the personal life, honour and dignity of citizens, and not requiring them to provide such information

Gross violation

18

Ensuring the safety of state property, the use of entrusted state property only for official purposes

Gross violation

19

Ensuring that civil servants work in the state body that sent them to study under the state order for postgraduate education programs, immediately after completion of training, as well as in the public service

Significant violation

20

Ensuring compliance by civil servants with information security in the process of working with information resources of a state body

Gross violation

21

Ensuring that the essential functions of political civil servants are respected

Significant violation

22

Ensuring the powers of the heads of offices of central state bodies and the offices of akims of regions, cities of republican significance and the capital

Significant violation

23

Availability of confirmation of acceptance by citizens of the established restrictions upon admission (admission) to the civil service

Gross violation

24

Compliance by civil servants with restrictions related to being in public service

Gross violation

25

Ensuring Compliance with Entry Requirements for Political Public Service

Significant violation

26

Ensuring that political civil servants do not combine administrative public positions

Gross violation

27

Ensuring compliance with the requirements for admission to the administrative civil service

Gross violation

28

Ensuring the non-admission to the civil service of a citizen under eighteen years of age and who has reached retirement age

Gross violation

29

Ensuring the non-admission to the civil service of a citizen recognized by the court as incapable or partially incapacitated

Gross violation

30

Ensuring the non-admission to the civil service of a citizen deprived by the court of the right to hold public office for a certain period

Gross violation

31

Ensuring the non-admission to the civil service of a citizen who has a disease that prevents the performance of official powers, based on the conclusion of a medical institution, in cases where special health requirements for holding relevant public positions are established in the qualification requirements

Gross violation

32

Ensuring the non-admission to the public service of a citizen who, within three years before entering the public service, was brought to disciplinary responsibility for a disciplinary offence that discredits the public service, as well as a citizen dismissed for a disciplinary offence that discredits the public service

Gross violation

33

Ensuring the non-admission to the civil service of a citizen who, for three years before entering the civil service, was subject to an administrative penalty for committing a corruption offence

Gross violation

34

Ensuring the non-admission to the public service of a citizen who has committed a corruption crime

Gross violation

35

Ensuring the non-admission to the civil service of a citizen, in respect of whom, within three years before entering the civil service, a court has passed a guilty verdict for committing a criminal offence or crimes of small and medium gravity or who has been released from criminal liability for committing a criminal offence or crimes of small and medium gravity for based on paragraphs 3), 4), 9), 10) and 12) of the first part of Article 35 or Article 36 of the Criminal Procedure Code of the Republic of Kazakhstan

Gross violation

36

Ensuring the non-admission to the civil service of a citizen who has a criminal record, which by the time of entering the civil service has not been cancelled or not removed in the manner prescribed by law

Gross violation

37

Ensuring the non-admission to the civil service of a citizen previously convicted or exempted from criminal liability for committing a crime based on paragraphs 3), 4), 9), 10) and 12) of the first part of Article 35 or Article 36 of the Criminal Procedure Code of the Republic of Kazakhstan for committing a serious or particularly serious offences

Gross violation

38

Ensuring the non-admission to the public service of a citizen who has committed a crime as part of a criminal group

Gross violation

39

Ensuring the non-admission to the civil service of a citizen in respect of whom the criminal case of a crime as part of a criminal group was terminated by the criminal prosecution body or the court based on paragraphs 3), 4), 9), 10) and 12) of the first part of Article 35 or Article 36 of the Criminal Code of the procedural code of the Republic of Kazakhstan until the expiration of the lower limit of punishment in the form of deprivation of liberty, provided for by the relevant article of the Special Part of the Criminal Code of the Republic of Kazakhstan

Gross violation

40

Ensuring the non-admission to the civil service of a citizen dismissed for negative reasons from law enforcement agencies, special state bodies and courts, military service, as well as in other cases

Gross violation

41

Absence of any discrimination based on origin, social, official and property status, gender, race, nationality, language, attitude to religion, beliefs, place of residence or any other circumstances when entering the public service

Gross violation

42

Mandatory submission by a citizen and his (her) husband (wife) to the state revenue authorities of a declaration on income and property belonging to them by right of ownership and submission by a citizen to the personnel management service (personnel service) of a certificate on the submission of a declaration of income and property belonging to him/her on right of ownership, before the issuance of an act of an official (body) entitled to appointment to a public position, on employment

Gross violation

43

Availability of qualification requirements for corps "B" administrative public positions, approved by an official (body) entitled to appointment to public positions, based on standard qualification requirements for administrative public positions and developed taking into account the main activities of the state body and its structural divisions, officials powers of administrative civil servants

Gross violation

44

Ensuring the requirement for appointment to an administrative public position of citizens entering the public service for the first time or re-entering after its termination, after receiving positive results of a special check

Gross violation

45

Availability of an act of a state body on the employment of citizens entering the administrative public service, temporarily performing the duties provided for by administrative public positions, until the day the results of a special audit are received

Significant violation

46

Ensuring the establishment for civil servants who first entered the administrative civil service, as well as those newly entered the administrative civil service after its termination, a probationary period, its extension in case of an unsatisfactory result of the probationary period, as well as the dismissal of an administrative civil servant of the corps "B" based on the results of the probationary period in agreement with the authorized body or its territorial subdivision

Gross violation

47

Ensuring that civil servants who first entered the administrative civil service are assigned mentors for the period of probation, including during its extension

Significant violation

48

Ensuring the taking of the oath by civil servants

Significant violation

49

Ensuring compliance with the procedures for holding a competition for occupying administrative public positions of corps "A"

Gross violation

50

Ensuring legality when concluding, extending and terminating an employment contract with an administrative civil servant of corps "A"

Gross violation

51

Ensuring compliance with the law when transforming a public position into an administrative public position of corps "A"

Gross violation

52

Ensuring compliance with the procedures for holding an internal competition for the occupation of vacant administrative public positions of corps "B"

Gross violation

53

Ensuring compliance with the procedures for the general competition for the occupation of vacant administrative public positions of corps "B"

Gross violation

54

Admission to the position of a candidate in agreement with a higher official in cases provided for by the legislation of the Republic of Kazakhstan

Gross violation

55

Ensuring compliance with the requirements of the legislation of the Republic of Kazakhstan in the field of civil service and combating corruption when registering the admission of citizens to the civil service

Gross violation

56

Ensuring that personnel management services (HR departments) maintain track records for civil servants in the prescribed form

Significant violation

57

Ensuring the issuance of service certificates to civil servants and approval by the state body of the procedure for their issuance

Gross violation

58

Ensuring the procedure for the development and approval of job descriptions for civil servants

Significant violation

59

Availability of Labor Regulations for civil servants, approved by state bodies, establishing, among other things, for civil servants a five-day working week with two days off

Gross violation

60

Compliance with the requirement to provide a civil servant with days (hours) of rest or compensation in cases of involvement in overtime work, work on weekends and holidays

Gross violation

61

Ensuring performance evaluation of civil servants

Gross violation

62

Ensuring compliance with the procedure and terms for the training of civil servants (training, retraining and advanced training)

Significant violation

63

Enforcement of the rule of law when rewarding public servants

Gross violation

64

Ensuring the conditions and procedure for the internship of civil servants

Significant violation

65

Ensuring that civil servants consistently occupy higher public positions, provided for by the staffing table of the state body, as part of the promotion in the civil service

Gross violation

66

Ensuring compliance with the ban on holding a position by a civil servant in the order of transfer, as well as based on the results of competitions, if the civil servant has an unresolved disciplinary sanction for violating the norms of professional ethics or committing a disciplinary offence that discredits the civil service

Gross violation

67

Ensuring compliance with the conditions for temporarily imposing on a civil servant the duties of another public position, as well as additional payments to a civil servant for the temporary combination of public positions and the performance of duties of a temporarily absent civil servant

Significant violation

68

Ensuring compliance with the procedure for the secondment of civil servants to state bodies and other organizations

Gross violation

69

Granting to civil servants, in case of their call for fixed-term military service, leave without pay, while retaining their place of work (public position) for the period of fixed-term military service

Gross violation

70

Ensuring the rotation of administrative civil servants of the corps "A"

Gross violation

71

Ensuring the rotation of administrative civil servants of the corps "B"

Gross violation

72

Ensuring compliance with the requirements for hiring citizens during the period of creation of a state body

Gross violation

73

Ensuring compliance by civil servants with the requirement to immediately report doubts about the legality of the order received for execution in writing to their immediate supervisor and the supervisor who issued the order. Execution by a civil servant of an order confirmed in writing by a superior in public office, if its execution does not entail criminally punishable actions. Laying responsibility for the consequences of the execution of an unlawful order by a civil servant on the head who confirmed this order

Gross violation

74

Ensuring compliance with the prohibition for officials to give orders and instructions that are not related to the execution of official powers and (or) aimed at violating the legislation of the Republic of Kazakhstan

Gross violation

75

Ensuring compliance with the procedure for imposing a disciplinary sanction on political civil servants

Gross violation

76

Ensuring compliance with the procedure for imposing a disciplinary sanction on administrative civil servants to disciplinary liability

Gross violation

77

Ensuring compliance with the liability of civil servants for causing damage

Gross violation

78

Ensuring compliance with the requirements and conditions for the temporary removal of a civil servant from the exercise of official powers

Gross violation

79

Ensuring that civil servants comply with official ethics

Gross violation

80

Ensuring the appointment (assignment of duties) and activities of the Commissioner for Ethics

Gross violation

81

Ensuring that civil servants comply with the prohibition to exercise official powers if there is a conflict of interest

Gross violation

82

Ensuring that civil servants comply with the obligation to take measures to prevent and manage conflicts of interest

Gross violation

83

Enforcement by obligatory notification in writing by civil servants of their immediate supervisor or the management of a state body of a conflict of interest that has arisen or the possibility of its occurrence, as soon as he/she becomes aware of this

Gross violation

84

Taking measures by the leadership of the state body to prevent and resolve conflicts of interest

Gross violation

85

Ensuring compliance by civil servants with the obligation to take the necessary measures to prevent and stop a corruption offence

Gross violation

86

Ensuring that the management of the state body complies with the obligation, within a month from the date of receipt of information, to take measures on statements of a civil servant about corruption offences, cases of inciting him/her to commit these violations, including by organizing inspections and sending appeals to authorized bodies

Gross violation

87

Ensuring compliance with the adoption by the leadership of the state body of measures to protect a civil servant who reported cases of corruption offences, inducing him/her to commit these violations, from prosecution that infringes on his/her rights, freedoms and legitimate interests

Gross violation

88

Ensuring compliance by civil servants with the prohibition to allow actions (inaction) that impede the exercise by individuals and (or) legal entities of their rights, freedoms and legitimate interests

Gross violation

89

Ensuring that civil servants take measures to refute the charge of an unfounded public accusation of corruption against him/her within a month from the date of discovery of such an accusation

Gross violation

90

Ensuring compliance with pay requirements for civil servants

Gross violation

91

Ensuring compliance with the requirements for the procedure for calculating the length of service of civil servants, giving the right to establish an official salary

Gross violation

92

Ensuring Compliance with Government Leave Requirements

Gross violation

93

Ensuring compliance with the requirements when granting unpaid leave to civil servants, including in the case of his/her training under the state order for postgraduate education programs

Gross violation

94

The presence of the consent of a civil servant in the event of his/her recall from annual or additional leave

Gross violation

95

Compliance with the requirements for the provision of civil servants with housing and the provision of land plots for individual housing construction by civil servants in need of improved housing conditions

Significant violation

96

Compliance with the requirements for the use of public servants and members of their families living together with them in accordance with the established procedure of medical care in the relevant state healthcare institutions

Minor violation

97

Ensuring the payment of severance pay in the amount of four average monthly salaries to administrative civil servants who have refused the proposed position, if they have at least three years of civil service at the expense of the state body to which the functions, powers and (or) staff units of another state body have been transferred, in including abolished (liquidated) or reorganized state body

Gross violation

98

Ensuring the offer, during the reorganization of a state body, by the management of the newly formed state body of public positions by the administrative civil servants of the reorganized state body in accordance with their qualifications, and in case of refusal of employment - payment of severance pay in the amount of four average monthly wages

Gross violation

99

Ensuring the payment of severance pay in the amount of four average monthly wages to a civil servant holding a public position to be reduced if there is at least three years of civil service experience in the event of a reduction in the staffing of a state body

Gross violation

100

Ensuring the appointment of a civil servant according to a new staffing table, equivalent to the previously occupied position, corresponding to the previously performed official powers when changing the management structure, renaming posts, reducing the staff of a state body without actually reducing the number and (or) a significant change in working conditions. The proposal, with the consent of the civil servant, of a lower public position provided for by the staffing table of the state body, in the absence of an equivalent position

Gross violation

101

Ensuring the payment of a one-time allowance in the amount of three average monthly wages at the last place of service in a state body to family members of a civil servant in the event of his/her death

Gross violation

102

Ensuring compliance with the requirements for guarantees and compensations for civil servants on business trips

Gross violation

103

Ensuring compliance with grounds for termination of public service by political civil servants

Gross violation

104

Enforcement of grounds for resignation and dismissal of political civil servants

Gross violation

105

Ensuring compliance with the grounds, conditions and requirements for the termination of public service by administrative civil servants

Gross violation

106

Ensuring compliance with the procedure for the restoration of persons to the civil service

Gross violation

107

Ensuring compliance with the requirements for certification of civil servants

Gross violation

108

Ensuring compliance with the requirements for attracting foreign workers to government bodies

Gross violation

109

Ensuring that civil servants do not commit misconduct that discredits the civil service

Gross violation

110

Ensuring compliance with the requirements for bringing civil servants to disciplinary responsibility for committing corruption crimes by directly subordinate civil servants

Gross violation

111

Ensuring compliance with the procedures for filling vacant or temporarily vacant administrative public positions of the corps "B" in the order of transfer without holding a competition

Gross violation

112

Ensuring the non-admission of the appointment of administrative civil servants to temporarily vacant public positions in the presence of another vacant public position, except for cases of replacing a temporarily absent civil servant or the consent of the civil servant him/herself when transferring functions, powers and (or) staff units of another state body to a state body, including abolished (liquidated) or reorganized state body and changing the management structure within the state body

Gross violation

The results of monitoring reports and information provided by the subjects of control, including through automated information systems, carried out by the Agency and its territorial divisions

113

Unreliable and untimely provision of reports on the results of their activities by the ethics commissioners

Significant violation

114

Unreliable and untimely submission of a report on the work of the disciplinary commission

Significant violation

The presence of adverse incidents that arose through the fault of state bodies or civil servants caused public outcry and criticism of the public administration system

115

Providing subjects of control to citizens with responses to appeals that caused public outcry and criticism of the public administration system

Gross violation

116

Giving explanations, and interviews by the subjects of control that caused public outcry and criticism of the public administration system

Gross violation

117

The activities of subjects of control in the implementation of state policy and state programs caused public outcry and criticism of the public administration system

Gross violation

118

Improper performance by the subjects of control of the assigned functions, which caused a public outcry and criticism of the public administration system

Gross violation

119

Unethical behaviour of civil servants during their working hours, which caused public outcry and criticism of the public administration system

Gross violation

120

Anti-social behaviour of civil servants during off-duty hours, which caused public outcry and criticism of the public administration system

Gross violation

121

Finding civil servants off duty in a state of intoxication that offends human dignity and public morality caused public outcry and criticism of the public administration system

Gross violation

122

The commitment of traffic accidents by civil servants caused public outcry and criticism of the public administration system

Gross violation

The presence and number of confirmed complaints and appeals of individuals and legal entities against subjects of control on violation of the requirements of the law in the field of public service and non-compliance with professional ethics by civil servants

123

The presence of 3 or more confirmed appeals of individuals and (or) legal entities concerning the subjects of control about violation of the requirements of the legislation in the field of civil service and the norms of professional ethics by their civil servants

Gross violation

124

The presence of 3 or more partially confirmed appeals of individuals and (or) legal entities concerning the subjects of control about violation of the requirements of the legislation in the field of civil service and the norms of professional ethics by their civil servants

Significant violation

125

The presence of 3 or more confirmed appeals to the blog platform of the Chairman of the Agency concerning the subjects of control about the violation of the requirements of legislation in the field of civil service and the norms of professional ethics by their civil servants

Gross violation

126

The presence of 3 or more partially confirmed appeals to the blog platform of the Chairman of the Agency concerning the subjects of control about the violation of the requirements of the legislation in the field of public service and the norms of professional ethics by their civil servants

Significant violation

127

The presence of 3 or more confirmed appeals to the blog platform of the first heads of subjects of control about the violation by the subjects of control of the requirements of legislation in the field of civil service and the norms of professional ethics by their civil servants

Gross violation

128

The presence of 3 or more partially confirmed appeals to the blog platform of the first heads of subjects of control about the violation by subjects of control of the requirements of legislation in the field of civil service and the norms of professional ethics by their civil servants

Significant violation

Analysis of official Internet resources, mass media

129

Lack of relevant information on staffing on the official Internet resources of the subjects of control

Significant violation

130

Absence on official Internet resources of the subjects of control of relevant information on ongoing competitions for vacancies in public positions

Gross violation

131

Absence on official Internet resources of relevant information about the ethics commissioner on the official Internet resources of the subjects of control

Significant violation

132

Absence on official Internet resources of relevant information on anti-corruption activities on the official Internet resources of the subjects of control

Gross violation

133

The presence in the media of criticism of the activities of subjects of control or their civil servants

Significant violation

134

Presence of accusations of corruption against a civil servant in the media

Gross violation

135

Absence in the media of denials of a civil servant accused of corruption

Gross violation

136

Presence in the media of an accusation of a civil servant of unethical behaviour

Gross violation

The results of the analysis of information provided by authorized bodies and organizations, as well as obtained from other sources of information

137

Failure to comply with the work schedule of civil servants of subjects of control

Significant violation

138

Non-observance by the subjects of control of the social rights of civil servants

Significant violation

139

Approval of improper job descriptions for civil servants

Significant violation

140

Acceptance by government employees and the presence of gifts in the workplace

Gross violation

141

Unethical behaviour of civil servants

Gross violation

142

Use of state property, including cars for off-duty purposes

Significant violation

143

Non-observance of labour discipline by civil servants, expressed in being late for work

Significant violation

144

Failure by subjects of control to conduct activities (seminars, round tables, legal training, etc.) aimed at preventing corruption, violations of legislation in the field of civil service and standards of professional ethics

Significant violation

145

Low efficiency of the activities of state bodies according to the results of the annual assessment in the direction of "personnel management"

Significant violation

146

The ineffective activity of state bodies based on the results of the annual assessment in the direction of "personnel management"

Gross violation

147

The presence during the year of civil servants of the subject of control in respect of which a judicial act on the commission of a corruption offence by them has entered into force, the number of which is 5 or more percent of the total number of civil servants of the subject of control according to the staffing table

Gross violation

148

The presence during the year of civil servants of the subject of control in respect of which a judicial act on the commission of a criminal offence by them has entered into force, the number of which is 5 or more percent of the total number of civil servants of the subject of control according to the staffing table

Gross violation

149

Presence during the year of 3 or more facts of committing by civil servants of the subject of control of administrative offences provided for by Part 1 of Article 99 of the Code of Administrative Offences

Gross violation

150

Presence during the year of 3 or more facts of commission by civil servants of the subject of control of administrative offences provided for by part 2 of Article 99 of the Code of Administrative Offences

Gross violation

151

Inconsistency of documents of personnel records management of the administrative civil service with the standard forms of documents of personnel records management of the administrative civil service, approved by the authorized body

Minor violation

152

Presence during the year from 1 to 3 facts of committing by civil servants of the subject of control of disciplinary offences discrediting the civil service

Significant violation

153

Presence during the year from 3 to 5 facts of commission by civil servants of the subject of control of disciplinary offences that discredit the civil service

Gross violation

154

Repeated violations identified as a result of previous inspections and other forms of control in the public service

Gross violation

155

The presence in the reporting data on the work of the disciplinary commissions of state bodies of information about 5 or more facts of bringing civil servants to disciplinary liability for violations of the Code of Ethics, except for the cases provided for by these Criteria

Gross violation

156

The presence of 5 or more confirmed appeals of individuals and (or) legal entities to the actions of state bodies, the verification of which is not within the competence of the authorized body for civil service affairs and its territorial divisions, and which are sent for consideration to the authorized state bodies in the manner established legislation

Significant violation

157

Presence during the year from 1 to 9 facts of committing administrative offences by civil servants of the subject of control, except for the cases provided for by these Criteria

Significant violation

158

The presence during the year of 10 or more facts of committing administrative offences by civil servants of the subject of control, except for the cases provided for by these Criteria

Gross violation

  Annex 2 to the joint order
of the Chairman of the Agency
of the Republic of Kazakhstan for Civil
Service Affairs and Anti-Corruption
dated October 31, 2018 No. 252
and the Minister of National Economy
of the Republic of Kazakhstan
dated October 31, 2018 No. 45

Checklist

      Footnote. Annex 2 - as amended by the joint order of the Chairman of the Agency of the Republic of Kazakhstan for Civil Service Affairs dated July 9, 2021 No. 119 and the Minister of National Economy of the Republic of Kazakhstan dated July 12, 2021 No. 69 (shall come into effect after the day of its first official publication).

      for compliance with the law in the field of civil service by state bodies and compliance with the standards of professional ethics by civil servants concerning

      ____________________________________________________________________________________________________

      ____________________________________________________________________________________________________

      name of a homogeneous group of subjects (objects) of control and supervision The state body that appointed the inspection

      ____________________________________________________________________________________________________

      ____________________________________________________________________________________________________

      Act on the appointment of an inspection/preventive control with a visit to the subject (object) of control

      ____________________________________________________________________________________________________

      ____________________________________________________________________________________________________

      No., date Name of the subject (object) of control

      ____________________________________________________________________________________________________

      ____________________________________________________________________________________________________

      (Individual identification number), business identification number of the subject (object) of control

      ____________________________________________________________________________________________________

      ____________________________________________________________________________________________________

      Address of location

      ____________________________________________________________________________________________________

      ____________________________________________________________________________________________________

      ____________________________________________________________________________________________________


List of requirements

Required

Not required

Meets requirements

Does not meet requirements

1

Ensuring compliance with the basic principles on which the civil service is based - the unity of the civil service system, regardless of the division of state power into legislative, executive and judicial branches; priority of the rights, freedoms and legitimate interests of citizens over the interests of the state; efficiency, effectiveness, transparency in the activities of state bodies, equal right of citizens to access to public service, professionalism of civil servants, meritocracy, mandatory execution of decisions taken by higher state bodies and officials within their powers, for subordinate civil servants and civil servants of lower state bodies, controllability and accountability of civil servants, personal responsibility for non-performance or improper performance of official duties by civil servants and excess of their official powers, intolerance for offences, consideration of public opinion and publicity, with the exception of activities constituting state secrets or other secrets protected by law, legal and social security of civil servants, equal pay for work of equal value, encouragement of civil servants for exemplary performance of official duties, impeccable civil service, performance of tasks of particular importance and complexity, continuity of training of civil servants and development of necessary competencies





2

Ensuring that civil servants comply with the obligations to be impartial and independent from the activities of political parties, public and religious associations in the exercise of their official powers





3

Compliance of the activities of the personnel management service (personnel service) of the state body with the following requirements - coordination of the activities of the structural divisions of the state body for the implementation of the legislation of the Republic of Kazakhstan in the field of public service, organization of the activities of disciplinary, competitive and other commissions on personnel issues, ensuring compliance with the procedures for assessing the activities of administrative state civil servants, competitive selection, promotion of civil servants, internal investigations, bringing civil servants to disciplinary responsibility, dismissal of civil servants, organization of personnel selection, execution of documents related to the passage of civil servants in the civil service, accounting of personal data of civil servants, information about the results assessing the activities of administrative civil servants and undergoing training, including in a unified automated database (information system) on civil service personnel, ensuring compliance with restrictions related to being in the civil service, organizing internships, mentoring, performance evaluation, training, retraining and advanced training of civil servants in accordance with the established deadlines, developing a procedure for applying incentives to public employees, exercise of other powers established by the legislation of the Republic of Kazakhstan





4

Ensuring organizational independence from other structural divisions of the state body, directly subordinate to the head of the apparatus, and in state bodies in which the position of the head of the apparatus has not been introduced, to the head of the state body, the personnel management service (personnel service)





5

Creation of a unified personnel management service (personnel service) of regional, cities of republican significance, the capital, district, and city executive bodies financed from local budgets, by the decision of an official (body) entitled to appoint heads of these executive bodies





6

Creation of a unified personnel management service (personnel service) of the district, and city territorial divisions by decision of the head of the interregional or regional territorial division of the central state body and its department or higher authority





7

Ensuring the observance of the rights of a civil servant in terms of legal and other protection, if he/she brings to the attention of the management of the state body in which he/she works, and (or) to law enforcement agencies about reliable cases of corruption offences that have become known to him





8

Ensuring the observance of the rights of civil servants in terms of labour protection, health, safe and necessary working conditions for efficient work





9

Ensuring the observance of the rights of civil servants in terms of social and legal protection





10

Ensuring the observance of the rights of civil servants in terms of respect for personal dignity, fair and respectful attitude towards themselves on the part of managers, other officials and citizens





11

Ensuring the observance of the rights of civil servants in terms of incentives and remuneration depending on the public position held, the quality of work, experience and other grounds





12

Ensuring the observance of the rights of civil servants in terms of maintaining a place of work (public position) in cases where a civil servant is sent by a state body for training under the state order for postgraduate education programs in accordance with the law or an internship, as well as in other cases provided for by laws





13

Ensuring the observance of the rights of civil servants in terms of unimpeded familiarization with materials related to the performance of civil servants in the civil service, as well as the right to demand an internal investigation in the presence of groundless, in the opinion of a civil servant, accusations





14

Ensuring the implementation of functions by civil servants in accordance with their official powers





15

Ensuring compliance by civil servants with official discipline





16

Ensuring the implementation by civil servants of orders and orders of heads, decisions and instructions of higher bodies and officials issued within their official powers





17

Ensuring non-disclosure by civil servants of information received in the exercise of their official powers, affecting the personal life, honour and dignity of citizens, and not requiring them to provide such information (except as provided by the laws of the Republic of Kazakhstan)





18

Ensuring the safety of state property, the use of entrusted state property only for official purposes





19

Ensuring that civil servants work in the state body that sent them to study under the state order for postgraduate education programs, immediately after completion of training, as well as in the public service





20

Ensuring compliance by civil servants with information security in the process of working with information resources of a state body





21

Ensuring that the essential functions of political civil servants are respected





22

Ensuring the powers of the heads of offices of central state bodies and the offices of akims of regions, cities of republican significance and the capital





23

Availability of confirmation of acceptance by citizens of the established restrictions upon admission (admission) to the civil service





24

Compliance by civil servants with restrictions related to being in public service





25

Ensuring compliance with entry requirements for political public service





26

Ensuring that political civil servants do not combine administrative public positions





27

Ensuring compliance with the requirements for admission to the administrative civil service





28

Ensuring the non-admission to the civil service of a citizen under eighteen years of age and who has reached retirement age, unless otherwise provided by the legislation of the Republic of Kazakhstan





29

Ensuring the non-admission to the civil service of a citizen recognized by the court as incapable or partially incapacitated





30

Ensuring the non-admission to the civil service of a citizen deprived by the court of the right to hold public office for a certain period





31

Ensuring the non-admission to the civil service of a citizen who has a disease that prevents the performance of official powers, based on the conclusion of a medical institution, in cases where special health requirements for holding relevant public positions are established in the qualification requirements





32

Ensuring the non-admission to the public service of a citizen who, within three years before entering the public service, was brought to disciplinary responsibility for a disciplinary offence that discredits the public service, as well as a citizen dismissed for a disciplinary offence that discredits the public service





33

administrative penalty for committing a corruption offence





34

Ensuring the non-admission to the public service of a citizen who has committed a corruption crime





35

Ensuring the non-admission to the civil service of a citizen, in respect of whom, within three years before entering the civil service, a court has passed a guilty verdict for committing a criminal offence or crimes of small and medium gravity or who has been released from criminal liability for committing a criminal offence or crimes of small and medium gravity for based on paragraphs 3), 4), 9), 10) and 12) of the first part of Article 35 or Article 36 of the Criminal Procedure Code of the Republic of Kazakhstan





36

Ensuring the non-admission to the civil service of a citizen who has a criminal record, which by the time of entering the civil service has not been cancelled or not removed in the manner prescribed by law





37

Ensuring the non-admission to the civil service of a citizen previously convicted or exempted from criminal liability for committing a crime based on paragraphs 3), 4), 9), 10) and 12) of the first part of Article 35 or Article 36 of the Criminal Procedure Code of the Republic of Kazakhstan for committing serious or especially serious crimes





38

Ensuring the non-admission to the public service of a citizen who has committed a crime as part of a criminal group





39

Ensuring the non-admission to the civil service of a citizen in respect of whom the criminal case of a crime as part of a criminal group was terminated by the criminal prosecution body or the court based on paragraphs 3), 4), 9), 10) and 12) of the first part of Article 35 or Article 36 of the Criminal Code of the procedural code of the Republic of Kazakhstan until the expiration of the lower limit of punishment in the form of deprivation of liberty, provided for by the relevant article of the Special Part of the Criminal Code of the Republic of Kazakhstan





40

Ensuring the non-admission to the civil service of a citizen dismissed for negative reasons from law enforcement agencies, special state bodies and courts, military service, as well as in other cases provided for by the laws of the Republic of Kazakhstan





41

Absence of any discrimination based on origin, social, official and property status, gender, race, nationality, language, attitude to religion, beliefs, place of residence or any other circumstances when entering the public service





42

Mandatory submission by a citizen and his (her) husband (wife) to the state revenue authorities of a declaration on income and property belonging to them by right of ownership and submission by a citizen to the personnel management service (personnel service) of a certificate on the submission of a declaration of income and property belonging to him/her on the right of ownership, before the issuance of an act of an official (body) entitled to appointment to a public position, on employment





43

Availability of qualification requirements for corps "B" administrative public positions, approved by an official (body) entitled to appointment to public positions, based on standard qualification requirements for administrative public positions and developed taking into account the main activities of the state body and its structural divisions, officials powers of administrative civil servants





44

Ensuring the requirement for appointment to an administrative public position of citizens entering the public service for the first time or re-entering after its termination, after receiving positive results of a special check





45

Availability of an act of a state body on the employment of citizens entering the administrative public service, temporarily performing the duties provided for by administrative public positions, until the day the results of a special audit are received





46

Ensuring the establishment of a probationary period for civil servants who first entered the administrative civil service, as well as those newly entered the administrative civil service after its termination, its extension in case of an unsatisfactory result of the probationary period, as well as the dismissal of an administrative civil servant of the corps "B" based on the results of the probationary period in agreement with the authorized body or its territorial subdivision





47

Ensuring that civil servants who first entered the administrative civil service are assigned mentors for the period of probation, including during its extension





48

Ensuring the taking of the oath by civil servants





49

Ensuring compliance with the procedures for holding a competition for the occupation of administrative public positions of corps "A"





50

Ensuring legality when concluding, extending and terminating an employment contract with an administrative civil servant of corps "A"





51

Ensuring compliance with the law when transforming a public position into an administrative public position of corps "A"





52

Ensuring compliance with the procedures for holding an internal competition for the occupation of vacant administrative public positions of corps "B"





53

Ensuring compliance with the procedures of the general competition for the occupation of vacant administrative public positions of corps "B"





54

Admission to the position of a candidate in agreement with a higher official in cases provided for by the legislation of the Republic of Kazakhstan





55

Ensuring compliance with the requirements of the legislation of the Republic of Kazakhstan in the field of civil service and combating corruption when registering the admission of citizens to the civil service





56

Ensuring that personnel management services (HR departments) maintain track records for civil servants in the prescribed form





57

Ensuring the issuance of service certificates to civil servants and approval by the state body of the procedure for their issuance





58

Ensuring the procedure for the development and approval of job descriptions for civil servants





59

Availability of Labor Regulations for civil servants, approved by state bodies, establishing, among other things, for civil servants a five-day working week with two days off





60

Compliance with the requirement to provide a civil servant with days (hours) of rest or compensation in cases of involvement in overtime work, work on weekends and holidays





61

Ensuring performance evaluation of civil servants





62

Ensuring compliance with the procedure and terms for the training of civil servants (training, retraining and advanced training)





63

Enforcement of the rule of law when rewarding public servants





64

Ensuring the conditions and procedure for the internship of civil servants





65

Ensuring that civil servants consistently occupy higher public positions, provided for by the staffing table of the state body, as part of the promotion in the civil service





66

Ensuring compliance with the ban on holding a position by a civil servant in the order of transfer, as well as based on the results of competitions, if the civil servant has an unresolved disciplinary sanction for violating the norms of professional ethics or committing a disciplinary offence that discredits the civil service





67

Ensuring compliance with the conditions for temporarily imposing on a civil servant the duties of another public position, as well as additional payments to a civil servant for the temporary combination of public positions and the performance of duties of a temporarily absent civil servant





68

Ensuring compliance with the procedure for the secondment of civil servants to state bodies and other organizations





69

Granting to civil servants, in the event of their being called up for fixed-term military service in accordance with the legislation of the Republic of Kazakhstan, leave without pay, while retaining their place of work (public position) for the period of fixed-term military service





70

Ensuring the rotation of administrative civil servants of the corps "A"





71

Ensuring the rotation of administrative civil servants of the corps "B"





72

Ensuring compliance with the requirements for hiring citizens during the period of creation of a state body





73

Ensuring compliance by civil servants with the requirement to immediately report doubts about the legality of the order received for execution in writing to their immediate supervisor and the supervisor who issued the order. Execution by a civil servant of an order confirmed in writing by a superior in public office, if its execution does not entail criminally punishable actions. Laying responsibility for the consequences of the execution of an unlawful order by a civil servant on the head who confirmed this order





74

Ensuring compliance with the prohibition for officials to give orders and instructions that are not related to the execution of official powers and (or) aimed at violating the legislation of the Republic of Kazakhstan





75

Ensuring compliance with the procedure for imposing a disciplinary sanction on political civil servants





76

Ensuring compliance with the procedure for imposing a disciplinary sanction on administrative civil servants to disciplinary liability





77

Ensuring compliance with the liability of civil servants for causing damage





78

Ensuring compliance with the requirements and conditions for the temporary removal of a civil servant from the exercise of official powers





79

Ensuring that civil servants comply with official ethics





80

Ensuring the appointment (assignment of duties) and activities of the Commissioner for Ethics





81

Ensuring that civil servants comply with the prohibition to exercise official powers if there is a conflict of interest





82

Ensuring that civil servants comply with the obligation to take measures to prevent and manage conflicts of interest





83

Enforcement by obligatory notification in writing by civil servants of their immediate supervisor or the management of a state body of a conflict of interest that has arisen or the possibility of its occurrence, as soon as he/she becomes aware of this





84

Taking measures by the leadership of the state body to prevent and resolve conflicts of interest





85

Ensuring compliance by civil servants with the obligation to take the necessary measures to prevent and stop a corruption offence





86

Ensuring that the management of the state body complies with the obligation, within a month from the date of receipt of information, to take measures on statements of a civil servant about corruption offences, cases of inciting him/her to commit these violations, including by organizing inspections and sending appeals to authorized bodies





87

Ensuring compliance with the adoption by the leadership of the state body of measures to protect a civil servant who reported cases of corruption offences, inducing him/her to commit these violations, from prosecution that infringes on his/her rights, freedoms and legitimate interests





88

Ensuring compliance by civil servants with the prohibition to allow actions (inaction) that impede the exercise by individuals and (or) legal entities of their rights, freedoms and legitimate interests





89

Ensuring that civil servants take measures to refute the charge of an unfounded public accusation of corruption against him/her within a month from the date of discovery of such an accusation





90

Ensuring compliance with pay requirements for civil servants





91

Ensuring compliance with the requirements for the procedure for calculating the length of service of civil servants, giving the right to establish an official salary





92

Ensuring Compliance with Government Leave Requirements





93

Ensuring compliance with the requirements when granting unpaid leave to civil servants, including in the case of his/her training under the state order for postgraduate education programs





94

The presence of the consent of a civil servant in the event of his/her recall from annual or additional leave





95

Compliance with the requirements for the provision of civil servants with housing and the provision of land plots for individual housing construction by civil servants in need of improved housing conditions





96

Compliance with the requirements for the use of public servants and members of their families living together with them in accordance with the established procedure of medical care in the relevant state healthcare institutions





97

Ensuring the payment of severance pay in the amount of four average monthly salaries to administrative civil servants who have refused the proposed position, if they have at least three years of civil service at the expense of the state body to which the functions, powers and (or) staff units of another state body have been transferred, in including abolished (liquidated) or reorganized state body





98

Ensuring the offer, during the reorganization of a state body, by the management of the newly formed state body of public positions by the administrative civil servants of the reorganized state body in accordance with their qualifications, and in case of refusal of employment - payment of severance pay in the amount of four average monthly wages





99

Ensuring the payment of severance pay in the amount of four average monthly wages to a civil servant holding a public position to be reduced if there is at least three years of civil service experience in the event of a reduction in the staffing of a state body





100

Ensuring the appointment of a civil servant according to a new staffing table, equivalent to the previously occupied position, corresponding to the previously performed official powers when changing the management structure, renaming posts, reducing the staff of a state body without actually reducing the number and (or) a significant change in working conditions. The proposal, with the consent of the civil servant, of a lower public position provided for by the staffing table of the state body, in the absence of an equivalent position





101

Ensuring the payment of a lump-sum allowance in the amount of three average monthly wages at the last place of service in a state body to family members of a civil servant in the event of his/her death





102

Ensuring compliance with the requirements for guarantees and compensations for civil servants on business trips





103

Ensuring compliance with grounds for termination of public service by political civil servants





104

Enforcement of grounds for resignation and dismissal of political civil servants





105

Ensuring compliance with the grounds, conditions and requirements for the termination of public service by administrative civil servants





106

Ensuring compliance with the procedure for the restoration of persons to the civil service





107

Ensuring compliance with the requirements for certification of civil servants





108

Ensuring compliance with the requirements for attracting foreign workers to government bodies





109

Ensuring that civil servants do not commit misconduct that discredits the civil service





110

Ensuring compliance with the requirements for bringing civil servants to disciplinary responsibility for committing corruption crimes by directly subordinate civil servants





111

Ensuring compliance with the procedures for filling vacant or temporarily vacant administrative public positions of the corps "B" in the order of transfer without holding a competition





112

Ensuring that administrative civil servants are not appointed to temporarily vacant public positions in the presence of another vacant public position, except for cases of replacing a temporarily absent civil servant or the consent of the civil servant him/herself when transferring functions, powers and (or) staff units of another state body to a state body, including abolished (liquidated) or reorganized state body and changing the management structure within the state body





      Official person(s) ______________________________________________________________

                                    position                                     signature

      _____________________________________________________________________________

      last name, first name, patronymic (if any)

      Head of the subject of control ____________________________________________________

                                                position signature

      _____________________________________________________________________________

      last name, first name, patronymic (if any)

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