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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 10-01-2025)

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) the information automated database (information system) - the hardware and software system providing collection, storage, transfer and information processing, the activities intended for automation connected with planning, selection (documents acceptance) and personnel management concerning revenues to law-enforcement service;

1-1) initial professional preparations forms of professional training for persons arriving on service in law enforcement agencies directed to acquisition of professional skills;

1-2) post-certification development - the organization of individual professional self-training of the employee of law enforcement agency by results of its certification;

1-3) 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 (digital rating) - the formalized numerical expression of professional potential of the candidate for service and the employee created by means of information personnel system of law enforcement agency based on professional competences, and also indicators and objective data on professional achievements (criterion), 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 the candidates for service enlisted in reserve on occupation of vacant position;

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) No. 156-VIII ZRK is excluded according to the Law of the Republic of Kazakhstan of 10.01.2025

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) No. 156-VIII ZRK is excluded according to the Law of the Republic of Kazakhstan of 10.01.2025

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;

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) No. 136-VІI ZRK is excluded according to the Law of the Republic of Kazakhstan of 11.07.2022

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 sensors of separate physiological reactions of the person;

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 of law enforcement agency assigned to person for the first time arriving on law-enforcement service, and giving him practical help in its professional adaptation;

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 Ethical code of law enforcement officers, bodies of civil protection and the public courier service of the Republic of Kazakhstan, and non-compliance with the set restrictions connected with stay on law-enforcement service is equal;

16) the authorized head - the head regional (the cities of republican value, the capital) or the specialized division of law enforcement agency equated to him, 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 or reducing number or staff of his employees, transformation of position of the employee of law enforcement agency and (or) structural division);

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. The international agreements ratified by the Republic of Kazakhstan have priority before this Law. The procedure and conditions of action in the territory of the Republic of Kazakhstan of international treaties which participant is the Republic of Kazakhstan are determined by the legislation of the Republic of Kazakhstan.

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) in the procedure established by the legislation of the Republic of Kazakhstan will organize training, mentorship, training, retraining and advanced training of employees and candidates for service;

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

8) No. 136-VІI ZRK is excluded according to the Law of the Republic of Kazakhstan of 11.07.2022

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 administrative corruption offense administrative punishment, except for case when it as the government employee was for the first time brought to the administrative responsibility for acceptance for work of person which did not provide the declaration on assets and liabilities was imposed;

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) having or having criminal record or exempted from criminal liability 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, and also dismissed for negative motives from the public, military service, from other law enforcement agencies, special state bodies, and also the stopped power of the judge for negative motives.

Action of part one of this subitem regarding dismissal and the termination of powers for negative motives does not extend to person:

stopped powers of the judge based on the decision of the Commission on quality of justice under the Supreme Court of the Republic of Kazakhstan about discrepancy of post owing to professional unfitness;

dismissed due to the lack on service without reasonable excuse within three and more hours in a row which has the right to arrive on law-enforcement service after two years after such dismissal.

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

7. Testing of the citizens arriving on law-enforcement service is performed according to the procedure, provided by the Law of the Republic of Kazakhstan "About public service of the Republic of Kazakhstan".

8. Action of items 4 and the 5th this Article does not extend to the employees who were earlier the staff of the law enforcement, special state bodies employed in law enforcement agencies within five working days from the date of their dismissal except for dismissed for health reasons on the office discrepancy which came to light following the results of certification for negative motives and also on the military personnel accepted on law-enforcement service according to the procedure of transfer.

Article 7. Candidate screen on law-enforcement service

1. No. 136-VІI ZRK is excluded according to the Law of the Republic of Kazakhstan of 11.07.2022

2. Revenues to service in law enforcement agencies are performed on competitive basis or through initial professional training in the organizations of formation of law enforcement agencies, except as specified, of stipulated in Item 3 these Articles and Item 1 of article 7-1 of this Law.

Selection on law-enforcement service is made taking into account competitiveness indicator (digital rating) of the candidate for service and degrees of its compliance to professional competences.

The procedure and methods of determination of professional competences, key indicators and measure calculation of competitiveness (digital rating) of the candidate for service affirm the head of law enforcement agency.

The officials who employed 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.

Procedure for selection on initial professional training and conditions of its passing for persons arriving in law-enforcement bodies, and also the bases of their assignment from initial professional training are determined by regulatory legal act of the head of law-enforcement bodies.

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