PRESIDENTIAL DECREE OF THE REPUBLIC OF KAZAKHSTAN

of December 31, 1999 No. 321

About approval of Rules of imposing of authority punishments on administrative government employees of the Republic of Kazakhstan

For the purpose of strengthening of discipline and increase in responsibility of administrative government employees, according to article 28 of the Law of the Republic of Kazakhstan "About public service" POSTANOVLYAYU:

1. Approve the enclosed Rules of imposing of authority punishments on administrative government employees of the Republic of Kazakhstan.

2. Declare invalid the Presidential decree of the Republic of Kazakhstan of December 20, 1996 No. 3279 "About approval of the Regulations on procedure for imposing of authority punishments on government employees of the Republic of Kazakhstan" (SAPP of the Republic of Kazakhstan, 1996, No. 51, the Art. 489).

3. This Decree becomes effective since January 1, 2000.

Approved by the Presidential decree of the Republic of Kazakhstan of December 31, 1999 No. 321

Rules of imposing of authority punishments on administrative government employees of the Republic of Kazakhstan

1. General provisions

1. These rules of imposing of authority punishments on administrative government employees (further - Rules) determine procedure for imposing of authority punishments on administrative government employees.

2. In these rules the following concepts are used:

1) disciplinary responsibility of administrative government employees (further - employees) - type of legal responsibility which is born by employees for making of minor offenses in case of execution of service duties by them;

2) minor offense (further - offense) - illegal, guilty non-execution or improper execution by employees of the obligations assigned to them, abuse of office, violation of the state and labor discipline, violation of the Code of honor of government employees of the Republic of Kazakhstan (Rules of office ethics of government employees) (further - the Code of honor), making of the corruption offense punishable in disciplinary procedure, and is equal non-compliance with the restrictions established by the Law of the Republic of Kazakhstan "About public service" connected with stay in public service and (or) obligations of government employees;

3) authority punishment (further - collection) is measure of disciplinary responsibility which can be imposed by the official having the right of position assignment and dismissal of the employee brought to disciplinary responsibility;

4) office investigation - activities for collection and check of materials and data on offense of its making serving for the purpose of complete, comprehensive and objective clarification of circumstances.

3. The disciplinary commission (further - the Commission) - the standing collegiate organ created in state body for consideration of materials of office investigation, research of the facts concerning offense, and pronouncement of recommendations of disciplinary measures for the employees including who made the corruption offenses attracting disciplinary responsibility and (or) who allowed violations of the Code of honor.

4. In areas, the capital, the city of republican value, areas, the cities creation of the unified disciplinary commission for the executive bodies financed from budgets of the corresponding administrative and territorial units is allowed. The unified disciplinary commission regional, the capitals, the cities of republican value, the district, city executive bodies financed from local budgets is created according to the solution of the face having the right of appointment of heads of data of executive bodies.

For district, city territorial subdivisions of the central state body and its department creation of the unified disciplinary commission in interregional or regional territorial subdivision of the central state body and its department is allowed. The unified disciplinary commission of district, city territorial subdivisions is created according to the decision of the head of interregional or regional territorial subdivision of the central state body and its department or according to the decision of higher body.

5. Disciplinary cases in the relation of the employees of the case "A" who allowed the violation of requirements of the legislation of the Republic of Kazakhstan attracting disciplinary responsibility, except for members of audit committees of areas, the capital, the city of republican value, akims of the cities of regional value, districts of areas and areas in the cities are considered by the National commission on personnel policy in case of the President of the Republic of Kazakhstan (further - the National commission) or according to its order the personnel commission of area, capital, city of republican value.

5-1. Disciplinary cases in the relation of members of audit committees of areas, the capitals, the cities of republican value, akims of the cities of regional value, districts of areas and areas in the cities which allowed the violation of requirements of the legislation of the Republic of Kazakhstan attracting disciplinary responsibility, except for the anti-corruption legislation of the Republic of Kazakhstan and the Code of honor are considered by the personnel commission of area, capital, city of republican value (further - the Regional personnel commission).

6. The disciplinary commission of authorized body for public service (further - the Commission of authorized body) - the standing collegiate organ created in authorized body for public service (further - authorized body), for consideration of disciplinary cases in the relation of the serving categories B-1, C-1, C-2, which made the corruption offenses attracting disciplinary responsibility and also allowed violations of the Code of honor.

The regulations on the Commission of authorized body affirm authorized body for public service.

7. Disciplinary cases in the relation of members of audit committees of areas, the capitals, the cities of republican value, akims of the cities of regional value, districts of areas and areas in the cities, the serving categories C-O-1, C-O-2, C-O-3, C-O-4, C-R-1, C-R-2, D-1, D-2, D-3, D-O-1, D-O-2, D-O-3, E-1, E-2, E-3, E-R-1, E-R-2, E-G-1, the allowed violations of regulations of the anti-corruption legislation of the Republic of Kazakhstan attracting disciplinary responsibility and the Code of honor, are considered by disciplinary councils of the Agency of the Republic of Kazakhstan for public service and to anti-corruption in the cities of Astana and Almaty, areas (further - Disciplinary council).

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