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LAW OF THE REPUBLIC OF KAZAKHSTAN

of January 6, 2011 No. 380-IV ZRK

About law-enforcement service

(as amended on 12-10-2021)

This Law governs the public relations connected with revenues to law-enforcement service of the Republic of Kazakhstan, its passing and the termination and also determines legal status (status), material security and social protection of law enforcement officers of the Republic of Kazakhstan.

Chapter 1. General provisions

Article 1. The basic concepts used in this Law

In this Law the following basic concepts are used:

1) initial professional training - the form of professional training for persons for the first time arriving on service in law enforcement agencies directed to acquisition of professional skills;

1-1) post-certification development - the organization of individual professional self-training of the employee of law enforcement agency by results of its certification;

1-2) movement - change of official capacity and functional obligations of the employee;

2) transfer - release from post in law enforcement agency with simultaneous position assignment in other law enforcement agency without the termination of service in law enforcement agencies;

2-1) executive position - the structural unit of law enforcement agency given authority on the organization of activities of the collective subordinated to it or the certain employees;

3) the official report - the written report of special form in case of the address of the employee to direct or authorized heads in the course of office activities;

3-1) indicator of competitiveness - the formalized numerical expression of professional potential of the candidate for service and the employee based on professional competences, and also indicators and objective data on professional achievements, key for position;

4) qualification requirements - requirements imposed to the citizens applying for holding the post in law enforcement agency for the purpose of determination of level of their professional training, competence and compliance of specific position;

4-1) departmental databank - the information base of law enforcement agency containing the information about candidates for service and the employees enlisted in personnel reserve;

4-2)  No. 292-VI ZRK is excluded according to the Law of the Republic of Kazakhstan of 27.12.2019;

4-3)  No. 292-VI ZRK is excluded according to the Law of the Republic of Kazakhstan of 27.12.2019;

5) personnel reserve - the employee group created in accordance with the established procedure, having necessary professional and personal qualities for appointment to executive positions;

5-1) personnel forecast - system of the reasoned ideas of the directions of development and future state of personnel;

5-2) human resources planning - process of systematic requirements analysis in personnel and providing qualified specialists with necessary quantity on the corresponding positions of law enforcement agencies;

6) law-enforcement service - special type of public service on positions of law enforcement agencies, and also service in cases, the stipulated in Article 44 presents of the Law;

6-1) Presidential reserve of management of law enforcement agencies - the list of the employees who passed the special procedure for selection determined by the President of the Republic of Kazakhstan for promotion on vacant higher executive positions of law enforcement agencies;

7) law enforcement agency - the state body providing observance and protection of rights and freedoms of man and citizen, legitimate interests of physical persons and legal entities, the states, realizing policy of the state on counteraction of crime and other offenses according to the competence, given special authority on law enforcement and maintenance of public order, identification, the prevention, suppression, investigation of offenses, execution of judgments on criminal cases;

7-1) head of law enforcement agency - the first head of law enforcement agency under which supervision employees and employees of law enforcement agency, authorized heads are;

7-2) moral and psychological climate in divisions of law enforcement agency - the psychological spirit which is characterized by the correct understanding of the tasks facing law enforcement agency;

7-3) sociological monitoring of moral and psychological climate in divisions of law enforcement agency - the system studying of social processes and the phenomena directed to receipt of information on condition of moral and psychological climate in divisions of law enforcement agency;

8) stay at the disposal of law enforcement agency - the passing of law-enforcement service which is not connected with substitution of established post;

9) the employee of law enforcement agency (further - the employee) - the citizen of the Republic of Kazakhstan from number of persons employed of law enforcement agencies to which the special rank or the class rank are given or is established qualification class;

10) the disciplinary commission of law enforcement agency - the standing collegiate organ created in law enforcement agency for consideration of materials of office investigation and research of the facts concerning minor offense for the purpose of comprehensive, complete and objective establishment of circumstances of its making and pronouncement of the recommendation of measure of authority punishment to person having the right of position assignment and dismissal of the employee brought to disciplinary responsibility;

10-1) office investigation - activities for collection and check of materials and data on minor offense of the employee for the purpose of complete, comprehensive and objective clarification of circumstances of its making;

10-2) category on position - the degree of professional qualification of employees determined on the basis of the achieved results and influencing compensation differentiation;

11) career development - promotion of the employee on service according to stages of official movement and professional development;

11-1) other weapon - fire acormose, gas weapon with possibility of firing by cartridges of traumatic action, electric, alarm, cold, throwing and other types of weapon;

11-2) polygraphological research - the procedure of poll consisting in registration by means of special medical sensors of the separate physiological reactions of the person arising in case of psychophysiological survey;

11-3) psychophysiological survey - set of the actions directed to comprehensive assessment of individual and psychological and psychophysiological properties of candidates for law-enforcement service, employees; 

12) rotation - the planned movement of the employees holding executive positions, performed for the purpose of optimum use of personnel potential for the benefit of service;

12-1) planning of rotation - the process oriented to determination of stages of planned official movement and professional development of the employee;

12-2) anti-corruption service - the operational investigative divisions of authorized body on anti-corruption performing the activities directed to the prevention, identification, suppression, disclosure and investigation of corruption crimes;

12-3) mentor - the employee assigned to the candidate for service during passing of training;

13) authority punishment - the measure of disciplinary responsibility imposed on the employee;

14) disciplinary responsibility - type of legal responsibility which is born by employees for making of minor offenses, and also administrative offenses in the cases provided by the laws of the Republic of Kazakhstan;

15) minor offense - illegal, guilty non-execution or improper execution by the employee of the obligations assigned to it, abuse of office, violation of office and labor discipline, violation of the Code of honor of government employees of the Republic of Kazakhstan (Rules of office ethics of government employees) or codes of honor (the rules of office ethics existing in law enforcement agencies), and is equal non-compliance with the set restrictions connected with stay on law-enforcement service;

16) the authorized head - the head of the territorial or equated to him specialized division of law enforcement agency, the head of organization, department of law enforcement agency;

17) organizational and regular actions - package of measures for forming of states and structure of law enforcement agency, the territorial or equated to it specialized division of law enforcement agency, organization, department of law enforcement agency (creation, reorganization, liquidation of law enforcement agency, increase and reducing number or staff of his employees);

18) promotion - occupation of higher positions in system of law enforcement agency;

19) sending out on business - transfer of the employee for further service in other law enforcement agencies of the Republic of Kazakhstan, Armed Forces of the Republic of Kazakhstan, other troops and military forming of the Republic of Kazakhstan, and also in system of law enforcement agency without interruption service life;

20) posting - holding the posts in other state bodies and the international organizations with leaving in personnel of law enforcement agency;

21) service of economic investigations - the operational investigative divisions of bodies for financial monitoring performing the activities directed to the prevention, identification, suppression, disclosure and investigation of the crimes and offenses carried by the laws of the Republic of Kazakhstan to maintaining these bodies and also the performing other powers, stipulated by the legislation the Republic of Kazakhstan.

Article 2. The legal basis of service in law enforcement agencies

1. The legal basis of service in law enforcement agencies are the Constitution of the Republic of Kazakhstan, the Labor code of the Republic of Kazakhstan and the Law of the Republic of Kazakhstan "About public service of the Republic of Kazakhstan" with the features provided by this Law, the laws of the Republic of Kazakhstan regulating activities of law enforcement agencies, and other regulatory legal acts of the Republic of Kazakhstan.

2. If the International treaty ratified by the Republic of Kazakhstan establishes other rules, than those which are provided in this Law then are applied rules of the international treaty.

Article 3. Law enforcement agencies

Bodies of prosecutor's office, internal affairs, the public fire service, the anti-corruption service and services of economic investigations performing the activities according to legal acts of the Republic of Kazakhstan treat law enforcement agencies.

Article 4. Principles of law-enforcement service

1. The service in law enforcement agencies is performed according to the principles of public service in the Republic of Kazakhstan and the special principles of law-enforcement service.

2. The special principles of law-enforcement service are:

1) obligation of protection of rights and freedoms of man and citizen, interests of society and state from criminal and other illegal encroachments;

2) cooperation with institutes of civil society;

3) unity of approaches to the organization of law-enforcement service in law enforcement agencies;

4) one-man management and subordination (subordination);

5) independence of activities of political parties and other public associations.

Article 5. Coverage of this Law

Operation of this Law extends to all employees, except for the military personnel of law enforcement agencies which pass military service according to the legislation of the Republic of Kazakhstan on military service.

Operation of this Law extends to political government employees in the part which is not contradicting the legislation of the Republic of Kazakhstan on public service.

Article 5-1. Personnel service

Personnel service within the competence:

Analyzes 1) and plans requirement of law enforcement agency for personnel;

2) is coordinated by activities of structural divisions of law enforcement agency for execution of the legislation of the Republic of Kazakhstan on law-enforcement service;

3) is provided by observance of procedures of carrying out certification and competitive selection, promotion on service, employee involvement to disciplinary responsibility, dismissals of employees;

4) will be organized by preliminary studying and candidate screen on law-enforcement service, selection of personnel, processes the documents connected with passing by the staff of law-enforcement service;

5) is provided by observance of the restrictions connected with stay on law-enforcement service;

6) will organize training, mentorship, activities assessment, training, retraining (retraining) and advanced training of employees, develops procedure for application of encouragement;

7) is performed by accounting of personal data of employees, data on results of assessment, certification and training;

8) will organize actions for ensuring favorable moral and psychological climate in divisions of law enforcement agency;

9) estimates results of staffing and quality of work of subjects of personnel policy according to the technique approved by the head of law enforcement agency;

10) will be organized by holding organizational and regular actions;

11) performs other powers established by the legislation of the Republic of Kazakhstan.

Chapter 2. Revenues to law-enforcement service

Article 6. Conditions of revenues to law-enforcement service

1. In law enforcement agencies the citizens of the Republic of Kazakhstan who reached eighteen-year age capable on the personal, moral, business, professional qualities, the state of health and physical development, the education level to carry out the job responsibilities assigned to them are employed on voluntary basis.

2. On law-enforcement service person cannot be accepted:

1) recognized in the procedure established by the law as incapacitated or it is limited by capable;

2) according to the conclusion of the military-medical commission the having disease interfering accomplishment of ex-officio full powers;

2-1) not last medical or psychophysiological examination, including polygraphological research; 

3) refused to assume the restrictions connected with stay of the employee on law-enforcement service and the anti-corruption restrictions established by the Law of the Republic of Kazakhstan "About anti-corruption";

4) No. 411-V ZRK is excluded according to the Law of the Republic of Kazakhstan of 18.11.2015;

On 5) within year before which revenues to law-enforcement service administrative punishment for intentional offense was imposed judicially;

On 6) within three years before revenues to law-enforcement service for which making of corruption offense administrative punishment was imposed judicially;

6-1) concerning which within three years before revenues to service for making of criminal offense the conviction of court or which within three years before revenues to service is exempted from criminal liability for making of criminal offense based on Items 3), 4), 9), 10) and 12) of part one of Article 35 or Article 36 of the Code of penal procedure of the Republic of Kazakhstan is pronounced;

7) the committed corruption crime;

8) discharged from office for making of corruption offense;

9) previously convicted or exempted from criminal liability for crime execution based on Items 3), 4), 9), 10) and 12) parts one of Article 35 or Article 36 of the Code of penal procedure of the Republic of Kazakhstan, and also dismissed for negative motives from public service, from other law enforcement agencies, special state bodies, courts and judicial authorities.

3. Non-presentation or misstatement of the data specified in Item 2 of this Article is the basis for refusal in acceptance on law-enforcement service.

4. Revenues to service in law enforcement agencies are performed on condition of passing by citizens of obligatory special check.

5. The citizens employed in law enforcement agencies without fail for determination of suitability to service undergo in the military-medical commissions medical and psychophysiological surveys and polygraphological research in the relevant division of law enforcement agency.

5-1. The procedure for passing of polygraphological research is determined by the Government of the Republic of Kazakhstan.

6. Excluded

Article 7. Candidate screen on law-enforcement service

1. Candidate screen, employed (study) in law enforcement agencies, their preliminary studying are performed by personnel services according to the procedure, determined by regulatory legal acts of law enforcement agencies.

The list of specialties for requirements satisfaction taking into account human resources planning affirms as personnel the head of law enforcement agency.

The citizens for the first time arriving on service in law enforcement agencies, the law enforcement agencies except for arriving on training in the organization of education pass test, including personal evaluation in authorized body for public service. 

2. Revenues to service in law enforcement agencies are performed on competitive basis, except for persons who had initial professional training taking into account indicator of competitiveness of the candidate and degree of its compliance to professional competences. Candidates for service, except for persons who were earlier law enforcement officers shall pass training.

The procedure and methods of determination of professional competences, key indicators and measure calculation of competitiveness affirm the head of law enforcement agency.

The list of the positions replaced on competitive basis, conditions and procedure for carrying out tender and training are determined by the head of law enforcement agency in coordination with authorized body for public service.

When carrying out tender are published in central offices, departments, territorial subdivisions of law enforcement agencies of the announcement on Internet resources of law enforcement agencies, and also authorized body for public service.

The officials who accepted to positions of the citizens who did not have competitive selection or initial professional training are brought to disciplinary responsibility according to the procedure, established by the law of the Republic of Kazakhstan.

2-1. Revenues to service in law enforcement agencies to positions of the ordinary, younger and average commanding structure are performed through initial professional training in the organizations of formation of law enforcement agencies.

Procedure for selection on initial professional training and conditions of its passing for persons arriving on service in bodies of prosecutor's office, anti-corruption service and service of economic investigations, and also the bases of their assignment from initial professional training are determined by joint regulatory legal act of heads of law enforcement agencies.

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