PRESIDENTIAL DECREE OF THE REPUBLIC OF KAZAKHSTAN

of July 22, 2019 No. 74

About some questions of the Agency of the Republic of Kazakhstan for public service and anti-corruption Agency of the Republic of Kazakhstan (Anti-corruption service)

According to the subitem 1) Item 2 of article 17-1 of the Constitutional law of the Republic of Kazakhstan of December 26, 1995 "About the President of the Republic of Kazakhstan" and Item 8 of article 22 of the Law of the Republic of Kazakhstan of January 6, 2011 "About law-enforcement service" POSTANOVLYAYU:

1. Approve enclosed:

1) Regulations on the Agency of the Republic of Kazakhstan for public service;

2) Regulations on the Agency of the Republic of Kazakhstan on anti-corruption (Anti-corruption service);

3) structure of the Agency of the Republic of Kazakhstan for public service;

4) structure of the Agency of the Republic of Kazakhstan on anti-corruption (Anti-corruption service);

5) the list of positions of the Agency of the Republic of Kazakhstan on anti-corruption (Anti-corruption service) and the limiting special ranks corresponding to them (marked "For office use");

6) changes and additions which are made to some acts of the President of the Republic of Kazakhstan.

2. Recognize invalid some presidential decrees of the Republic of Kazakhstan according to appendix to this Decree.

3. This Decree becomes effective from the date of its signing.

Approved by the Presidential decree of the Republic of Kazakhstan of July 22, 2019 No. 74

Regulations on the Agency of the Republic of Kazakhstan for public service

Chapter 1. General provisions

1. The agency of the Republic of Kazakhstan for public service (further – the Agency) is state body, directly subordinate and accountable to the President of the Republic of Kazakhstan, performing management in the sphere of public service, assessment and the state control of quality of rendering the state services.

2. The agency has territorial authorities in areas, the cities of republican value, the capital.

3. The agency performs the activities according to the Constitution and the laws of the Republic of Kazakhstan, acts of the President and the Government, other regulatory legal acts of the Republic of Kazakhstan, and also this Provision.

4. The agency is legal entity in form of business of public institution, has symbols and distinctions, seals with the image of the State Emblem of the Republic of Kazakhstan and stamps with the name in the Kazakh and Russian languages, forms of the established sample, accounts in bodies of treasury according to the legislation of the Republic of Kazakhstan.

5. The agency enters the civil relations from own name.

6. The agency has the right to act as the party of the civil relations on behalf of the state if it is authorized on it according to the legislation of the Republic of Kazakhstan.

7. The agency concerning the competence of the procedure established by the legislation of the Republic of Kazakhstan makes the decisions which are drawn up by orders of the Chairman of the Agency and other acts, stipulated by the legislation the Republic of Kazakhstan.

8. The structure and limit of the number of staff of the Agency affirm according to the legislation of the Republic of Kazakhstan.

9. Location of the legal entity: Republic of Kazakhstan, 010000, city of Astana, area Saryarka, avenue of Abay, 33 and.

10. This Provision is the constituent document of the Agency.

11. Financing of activities of the Agency is performed from the republican budget according to the legislation of the Republic of Kazakhstan.

12. The agency is forbidden to enter contractual relations with subjects of entrepreneurship regarding accomplishment of the obligations which are powers of the Agency.

If the Agency by legal acts is granted the right to perform the activities which are bringing in incomes, then the gained income goes to the government budget if other is not established by the legislation of the Republic of Kazakhstan.

Chapter 2. Tasks and powers of the Agency

13. Tasks:

1) development and realization of state policy in spheres of public service, quality evaluation of rendering the state services, except for the state services rendered electronically, and the state control of quality of rendering the state services, and also development of measures for debureaucratization of the state apparatus;

2) coordination of activities of state bodies, organizations in questions of compliance with the law of public service and of the state services.

14. Powers:

1) rights:

make to the President of the Republic of Kazakhstan offers on enhancement of public service, assessment and the state control of quality of rendering the state services;

request and receive from state bodies, the organizations, officials necessary information and materials according to the procedure, established by the legislation of the Republic of Kazakhstan;

interact with other state bodies, the organizations for the main activities of the Agency;

request information on results of internal control behind quality of rendering the state services;

develop offers on improvement of quality of rendering the state services;

acquire services in technical supply of test procedures of government employees, candidates for occupation of the state positions and other citizens, maintenance and administration of the single automated database (information system) on personnel of public service at the operator determined by the Government of the Republic of Kazakhstan;

create and use the information systems providing the decision assigned to the Agency and its territorial authorities of tasks;

2) obligations:

consider claims of physical persons and legal entities to actions (failure to act) and decisions of state bodies or officials concerning violation of the law of the Republic of Kazakhstan in the sphere of public service, and also respect for office ethics;

consider disciplinary cases in the relation of government employees according to the legislation of the Republic of Kazakhstan;

bring to state bodies within the competence ideas of elimination of the violations, obligatory to consideration, revealed by results of check concerning public service according to the legislation of the Republic of Kazakhstan;

make offers to officials and state bodies about cancellation of their decisions made with violation of the law in the sphere of public service and other regulatory legal acts of the Republic of Kazakhstan;

coordinate work of the disciplinary commissions of state bodies on consideration of disciplinary cases of administrative government employees;

coordinate and to methodologically provide activities of representatives for ethics;

coordinate and perform methodological management of activities of services of personnel management (personnel services);

to annually create the National report on condition of public service in the Republic of Kazakhstan and to bring it according to the procedure, established by the legislation of the Republic of Kazakhstan;

constitute protocols and consider cases on administrative offenses according to the procedure, established by the Code of the Republic of Kazakhstan about administrative offenses;

give information, advisory, methodical support to physical persons and non-profit organizations on carrying out public monitoring of quality of rendering the state services;

perform concerning public service, the state control of quality of rendering the state services, in coordination with state bodies to involve in conducting checks of their workers;

in case of identification of violation of the law of the Republic of Kazakhstan about public service, about the state services to take measures according to the procedure, established by the legislation of the Republic of Kazakhstan;

develop regulatory legal acts on the questions concerning activities of the Agency, its territorial authorities and the subordinated organizations;

perform other powers, stipulated by the legislation the Republic of Kazakhstan.

15. Functions:

1) development and strategy implementation and programs in the sphere of public service;

2) development and acceptance of regulatory legal acts in spheres of public service, quality evaluation of rendering the state services, except for the state services rendered electronically and the state control of quality of rendering the state services according to the legislation of the Republic of Kazakhstan;

3) development of the list of the authorized persons performing assessment of activities of political government employees;

4) consultation of government employees and citizens on the questions entering competence of the Agency;

5) implementation in state bodies of efficiency evaluation of personnel management and quality of rendering the state services, except for the state services rendered electronically;

6) preparation of drafts of international treaties concerning public service, interaction with relevant organs of foreign states concerning public service, rendering the state services, participation within the powers in activities of the international organizations;

7) interaction with other state bodies in spheres of public service, rendering the state services;

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