PRESIDENTIAL DECREE OF THE REPUBLIC OF KAZAKHSTAN

of March 10, 2000 No. 357

About approval of the Regulations on procedure for passing of public service

For the purpose of implementation of the Law of the Republic of Kazakhstan of July 23, 1999 "About public service", I decide:

1. Approve the enclosed Regulations on procedure for passing of public service.

2. Recognize invalid:

1) the Presidential decree of the Republic of Kazakhstan of June 3, 1996 No. 3014 "About approval of the Regulations on years of service of public service for payment of percentage length-of-service allowances and procedure for calculation of length of service for purpose of pensions to government employees of the Republic of Kazakhstan" (SAPP of the Republic of Kazakhstan, 1996, Art. No. 27 225);

2) the Presidential decree of the Republic of Kazakhstan of April 23, 1998 No. 3919 "About entering of amendment into the Regulations on years of service of public service for payment of percentage length-of-service allowances and procedure for calculation of length of service for purpose of pensions to government employees of the Republic of Kazakhstan approved by the Presidential decree of the Republic of Kazakhstan of June 3, 1996 No. 3014".

3. To the government of the Republic of Kazakhstan to bring the acts into accord with this Decree in a month.

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

Approved by the Presidential decree of the Republic of Kazakhstan of March 10, 2000 No. 357

Regulations on procedure for passing of public service

This Provision regulates questions of passing of public service by political and administrative government employees.

Section 1 Passing of Public Service political government employees

1. Requirements imposed to political government employees

1. Occupation of political state position is performed on condition of passing by citizens of special check, and also coordination in cases, stipulated by the legislation the Republic of Kazakhstan.

2. Main functions and organization of activities of political government employees

2. Functional obligations of the political government employee are determined by legal acts of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan, this Provision, Regulations on the relevant state body and distributions of obligations.

3. The main functions of political government employees are:

1) decision making, promoting development, determination and realization of state policy;

2) control of course of execution of the made decisions;

3) regulation and assessment of course of execution of the state and other programs and projects;

4) management of activities of state body;

5) management of subordinate government employees.

4. Combination by the political government employee of positions of classified public service is not allowed.

3. Termination of public service by political government employees

5. Powers of the political government employee on the held political position stop in cases:

1) losses of nationality of the Republic of Kazakhstan by it;

2) abolition (liquidation) of state body;

3) representation to political government employees of obviously false data on its income and property;

4) the non-compliance with obligations and restrictions set by the Law of the Republic of Kazakhstan "About public service" (further - the Law);

5) not transfers to trust management of the property belonging to it on the property right;

6) making of corruption offense;

7) introductions in legal force of conviction of court against the political government employee;

8) acceptances of resignation based on the personal written application about abdication by the political government employee;

9) adoptions of the relevant decision by the official (body), the given right of appointment (election) of the political government employee to the position held by it;

10) job change;

11) emergence of other bases, stipulated by the legislation Republic of Kazakhstan.

Powers of the political government employee can be also stopped in cases of reorganization of state body, reducing number or staff of government employees.

6. Political government employees give and retire on the bases and according to the procedure, established by the Constitution, the Law and other legislation of the Republic of Kazakhstan. If the bases of resignation are not stipulated by the legislation the Republic of Kazakhstan, political government employees leave in accordance with general practice, provided by the labor law of the Republic of Kazakhstan.

7. The political government employees who are heads of state bodies, akims resign in case of making of corruption crimes by the subordinate government employees holding executive positions, appointed by them concerning which there is conviction of court which took legal effect.

Section 2 Passing of Public Service administrative government employees

4. Revenues to classified public service

8. Appointment to positions and release from positions of employees of state body are performed by person (body) having such right according to ex-officio full powers, or the other person (body) to which these powers are delegated.

In the central executive body appointment to positions and release from positions of employees of the central executive body, except for workers whose questions of employment relationships according to legal acts are carried to competence of higher state bodies and officials are performed according to the legislation of the Republic of Kazakhstan the responsible secretary of the central executive body or the official to whom powers of the responsible secretary of the central executive body are in accordance with the established procedure assigned, and in cases of absence of the responsible secretary or the specified official - the head of the central executive body.

The responsible secretary of the central executive body or the official to who powers of the responsible secretary are in accordance with the established procedure assigned:

in coordination with the head of the central executive body appoints to positions and dismisses directors of departments and chiefs of the independent managements of the central executive body which are under authority of the head of the central executive body or its deputies;

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