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The document ceased to be valid since  January 1, 2016 according to article 69 of the Law of the Republic of Kazakhstan of November 23, 2015 No. 416-V ZRK

LAW OF THE REPUBLIC OF KAZAKHSTAN

of July 23, 1999 No. 453-I

About public service

(as amended on 04-07-2014)

Chapter 1. General provisions

Article 1. Basic concepts

In this Law the following basic concepts are used:

1) the case "A" - managerial state positions of managerial level for which are provided special procedure for selection in the personnel reserve, competitive selection, passing and the termination of public service determined by the President of the Republic of Kazakhstan and also special qualification requirements;

2) transfer - appointment procedure of the government employee for vacant or temporarily vacant managerial state post in the procedure established by the legislation of the Republic of Kazakhstan with its simultaneous release from post;

3) the case "B" - the managerial state positions which are not included in the case "A";

4) qualification requirements - requirements imposed to the citizens applying for occupation of managerial state position for the purpose of determination of level of their professional training, competence and compliance of specific managerial state position;

5) the official - person, is permanent, temporary or on special power performing functions of the public agent or carrying out organizationally - administrative or administrative functions in state bodies;

6) ex-officio full powers - the rights and obligations provided by the specific state position answering to the purposes and tasks facing state bodies in which government employees perform the activities;

7) career planning - the process oriented to determination of stages of official movement and professional development of the administrative government employee of the case "A";

8) the administrative government employee - the government employee performing the activities on permanent professional basis, except as specified, provided by the laws of the Republic of Kazakhstan and acts of the President of the Republic of Kazakhstan;

9) category of managerial state position - set of managerial state positions with the relevant qualification requirements;

10) public service - the activities of government employees in state bodies on execution of ex-officio full powers directed to realization of tasks and functions of the government;

11) personnel reserve of public service - the systematized list of the citizens of the Republic of Kazakhstan applying for occupation of vacant state positions created in the procedure established by the legislation of the Republic of Kazakhstan;

12) the government employee - the citizen of the Republic of Kazakhstan occupying in the procedure established by the legislation of the Republic of Kazakhstan the position paid from republican or local budgets or from means of National Bank of the Republic of Kazakhstan in state body and performing ex-officio full powers for the purpose of realization of tasks and functions of the state;

13) office ethics of government employees - the rules of conduct of government employees established by this Law, acts of state bodies and based on the commonly accepted moral ethical standards;

14) the state position - structural unit of state body to which the circle of ex-officio full powers and job responsibilities established by regulatory legal acts is assigned;

15) the political government employee - the government employee, appointment (election) which release and activities carry the political determining nature and which bears responsibility for realization of political goals and tasks;

16) conflict of interest - contradiction between private interests of the government employee and his ex-officio full powers in case of whom private interests of the government employee can lead to improper execution of the ex-officio full powers by it;

17) rotation - official movements of administrative government employees of the case "A" in their consent within career planning according to this Law;

18) training - acquisition by government employees, and also persons enlisted in personnel reserve of classified public service in the direction of state bodies of professional knowledge and experience out of the place of permanent job;

19) the mentor - the government employee assigned to person for the first time accepted on public service, giving him practical help in its professional training;

20) temporarily vacant state position - the state position, temporarily free in connection with finding of the government employee holding this position on social leave, and also absence it on workplace owing to disease if the disease is included into the list of types of diseases in case of which according to the labor law of the Republic of Kazakhstan the Government of the Republic of Kazakhstan the term of temporary disability can be established more than two months.

Article 2. Legislation on public service

The legislation on public service consists of the Constitution, this Law, other regulatory legal acts of the Republic of Kazakhstan.

Article 3. Principles of public service

1. Public service in the Republic of Kazakhstan is based on the principles:

1) legality;

2) Kazakhstan patriotism;

3) unities of system of public service, irrespective of separation of the government into legislative, executive and judicial branches;

4) priority of the rights, freedoms and legitimate interests of citizens before interests of the state;

5) general availability, that is the equal right of citizens of the republic to access to public service and promotion on public service according to the capabilities and professional training;

6) voluntariness of arrival of citizens on public service;

7) professionalism and competence of government employees;

8) equal pay of work for accomplishment of equivalent work;

9) obligation of execution of the decisions made by higher state bodies and officials within their powers, for subordinate government employees and the serving subordinate state bodies;

10) submission to control and accountability of government employees;

11) accounting of public opinion and publicity, except for the activities constituting the state secrets or other secret protected by the law;

12) legal and social security of government employees;

13) encouragement of government employees for fair, initiative execution of job responsibilities, task performance of special importance and complexity;

14) the personal liability for non-execution or improper execution by the government employee of job responsibilities and excess of the powers by it;

15) continuity of advanced training of government employees.

2. In state bodies creation of the organizations of political parties is not allowed. Government employees in case of execution of job responsibilities are guided by requirements of the legislation and are not connected by decisions of political parties, public associations and their bodies.

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