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RESOLUTION OF THE CABINET OF MINISTERS OF THE KYRGYZ REPUBLIC

of December 29, 2021 No. 356

About approval of the Regulations on procedure for the organization and conducting office investigation in state bodies and local government bodies of the Kyrgyz Republic

According to article 24 of the Law of the Kyrgyz Republic "About the public civil service and municipal service", being guided by articles 13, of the 17th constitutional Law of the Kyrgyz Republic "About the Cabinet of Ministers of the Kyrgyz Republic" the Cabinet of Ministers of the Kyrgyz Republic decides:

1. Approve Regulations on procedure for the organization and conducting office investigation in state bodies and local government bodies of the Kyrgyz Republic according to appendix.

2. Declare invalid the paragraph third Item 1 of the order of the Government of the Kyrgyz Republic "About questions of ensuring compliance with the legislation in the sphere of the public civil service and municipal service" of December 14, 2016 No. 674.

3. This resolution becomes effective after seven days from the date of official publication.

Chairman of the Cabinet of Ministers of the Kyrgyz Republic

A. Zhaparov

Appendix

to the Resolution of the Cabinet of Ministers of the Kyrgyz Republic of December 29, 2021 No. 356

Regulations on procedure for the organization and conducting office investigation in state bodies and local government bodies of the Kyrgyz Republic

1. General provisions

1. This Provision determines procedure for the organization and conducting office investigation by the facts of making of minor offense by the government civil servants or local government officers (further - employees).

Action of this provision does not extend to military personnel and law enforcement officers of the Kyrgyz Republic.

2. For timely, comprehensive, complete and objective collection and research of materials upon the minor offense made by the employee or failure to carry out of functional obligations the office investigation appointed by the head of state body or local government body can be made by it.

3. The office investigation is terminated or not conducted in cases:

1) frank recognition by the employee of the fault in committed offense - in case of compliance of the facts of reality;

2) if in committed offense signs of structure of criminal offense, with transfer of materials to the relevant state body are found.

4. Office investigation - internal check which framework around persons, on amount shall not be beyond state body or local government body. Persons which are not entering the number of staff of state body or local government body in which office investigation is made can give written explanations as witnesses and be attracted as competent specialists and experts for receipt of the qualified conclusion.

When conducting office investigation concerning persons holding the highest managerial positions of the public civil service and municipal service, the commission the representative (representatives) of higher state body (official) under whose authority these bodies are is included.

5. The bases (reason) for conducting office investigation are:

- official reports, service records of persons replacing the state and municipal positions;

- representation to the commission on ethics;

- written complaints, statements, data on violation of office discipline;

- messages in mass media on minor offense;

- statement of the employee or physical persons or legal entities for committed minor offense;

- direct detection of offense by the head of state body or local government body having the right to appoint conducting office investigation;

- availability of risk of emergence of conflict of interest;

- detection (identification) of violation of procedure for replacement of the state or municipal position;

- the statement of the employee for the purpose of removal concerning it groundless charges or suspicions.

6. Conducting office investigation and decision by its results are based on the principles:

- legality;

- respect of human rights and freedoms;

- presumptions of innocence;

- equalities of everyone before the law;

- impartiality;

- objectivity;

- possibilities of appeal.

7. Office investigation is made by the commission of state body or local government body (further - the commission) created by the head of state body or local government body or the official having the right to position assignment and dismissal of employees (further - the head of state body or local government body) in which the employee, or special division on conducting office investigations (in the presence of that) this state body or local government body works.

The structure of the commission can include the representative for the prevention of corruption (in the presence of that), representatives of the commission on ethics, and also employees of other structural divisions of state body or local government body whose knowledge is necessary for complete and comprehensive conducting office investigation.

For participation in conducting office investigation of the commission independent experts can be involved.

The head of state body or local government body determines the head (chairman) of the commission from among members of the commission.

The maximum number of structure of the commission is not limited and is determined by amount of office investigation, but there cannot be less than three people with odd quantity.

8. In case of identification during office investigation of the facts testimonial of signs of making of administrative offense or criminal offense, materials about results of office investigation go to relevant organs for adoption of the decision on them.

9. During conducting office investigation the commission making office investigation is independent in the actions, in the choice of methods and measures of conducting office investigation within the legislation of the Kyrgyz Republic.

The head of state body or local government body and other officials has no right to put pressure upon the commission making office investigation and to interfere with the course of office investigation, differently as on the bases specified in this Provision.

2. Procedure for conducting office investigation

10. During office investigation by the commission collection and documentary execution of the data relating to minor offense such as explanatory, the conclusions (experts and specialists), physical evidences, inspection reports, statements from books (magazines), references and other documents is performed. Also by the commission it is established:

- whether minor offense, and also circumstances under which it was made really took place;

- fault availability in actions or failure to act of employees and degree of fault of everyone in case of making of offense by several employees;

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