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LAW OF THE REPUBLIC OF KAZAKHSTAN

of February 13, 2012 No. 552-IV ZRK

About special state bodies of the Republic of Kazakhstan

(as amended on 18-11-2015)

This Law determines the status of special state bodies of the Republic of Kazakhstan (further - special state bodies), governs the public relations connected with revenues to service in special state bodies, its passing and the termination and also determines legal status, material security and social protection of staff of special state bodies.

Chapter 1. General provisions

Article 1. The basic concepts used in this Law

In this Law the following basic concepts are used:

1) No. 398-V ZRK is excluded according to the Law of the Republic of Kazakhstan of 13.11.2015

1-1) graduateds in a military academy - the employee directed according to international treaties to training in the organization of formation of foreign state realizing educational programs of postgraduate education;

2) special charges - actions for office combat training of staff of special state bodies;

3) special rank - the sign of special distinction appropriated to the employee;

3-1) special (military) educational institutions - the organizations of formation of special state bodies realizing educational programs of the higher, postgraduate and additional education;

4) special dress code - the uniform (regimentals) established by the legislation of the Republic of Kazakhstan and signs of distinction determining belonging of employees to bodies of homeland security, authorized body in the sphere of foreign intelligence, Service of the state protection of the Republic of Kazakhstan;

5) the staff of special state body (further - employees) the citizens of the Republic of Kazakhstan who are in the service in bodies of homeland security, authorized body in the sphere of foreign intelligence, in Service of the state protection of the Republic of Kazakhstan which gives the special rank;

6) service in special state bodies - special type of public service on positions in bodies of homeland security, authorized body in the sphere of foreign intelligence, in Service of the state protection of the Republic of Kazakhstan;

7) special accounting of special state bodies - system of accounting and the analysis of personnel employees;

8) accounting of reserve officers of special state bodies - system of accounting and the analysis of quantitative and high-quality data of persons liable for call-up (officers) and other mobilization resources of special state bodies;

9) inventory of special state bodies (further - inventory) - employees, dismissed from service (except for dismissed for negative motives) and staying on the registry of reserve officers of special state bodies in territorial authorities of homeland security and authorized body in the sphere of foreign intelligence, intended for fitting, mobilization expansion and completion of losses of special state bodies;

9-1) length of service - duration of finding of the employee on military service, service in special state and law enforcement agencies estimated as in calendar, and preferential calculation, and also in other cases provided by the laws of the Republic of Kazakhstan;

10) the highest certifying commission - the permanent highest advisory advisory body considering conclusions and recommendations of certification of officials of administrative board according to the list determined by the first heads of special state bodies about compliance to their posts and the prospects of their further most reasonable office use represented according to the procedure of appeal of the employee assessments not concordant with conclusions and recommendations of certifying commissions, and also certifications submitted for consideration of the Highest certifying commission on specifying of the first head of special state body;

11) the cadet - the employee studying in special (military) educational institution or directed to training according to international treaties in the organization of formation of foreign state for educational programs of the higher education;

12) the operating reserve - service in special procedure for accomplishment of special operational tasks;

13) the contract on service (further - the contract) - the agreement establishing the rights, obligations and responsibility of the parties;

13-1) undergraduates and doctoral candidates - the employees studying in special (military) educational institutions according to educational programs of postgraduate education;

14) resignation - dismissal of employees from service in special state bodies or exception from accounting of reserve officers of the special state bodies which reached age limit of stay in inventory or persons recognized not suitable for service in special state bodies with exception from accounting of reserve officers of special state bodies;

15) polygraphological research - poll procedure consisting in registration by means of special sensors of separate physiological reactions of the person (breath, heartbeat, skin resistance and so on);

16) psychophysiological survey - set of the actions directed to comprehensive assessment of individual and psychological and psychophysiological properties of candidates for service, employees and the military personnel of special state bodies;

16-1) listener - the employee studying in special (military) educational institution or directed to training according to international treaties in the organization of formation of foreign state for educational programs of additional education;

17) the authorized head - the official who is granted the right to issue orders on the conclusion of the contract, appointment to positions, movement, release, dismissal of employees, and also the assignment of special rank by it (orders on staff) according to the procedure established by this Law;

18) organizational and regular actions - the events held in special state bodies on creation, liquidation, re-deployment, reorganization, resubordination, increase and staff reduction.

Article 2. Legal basis of activities of special state bodies

1. The legal basis of activities of special state bodies is constituted by the Constitution of the Republic of Kazakhstan, this Law, the laws of the Republic of Kazakhstan regulating activities of special state bodies, and also other regulatory legal acts of the Republic of Kazakhstan in the part which is not contradicting this Law.

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. Special state bodies

1. Special state bodies - the state bodies directly subordinate and accountable to the President of the Republic of Kazakhstan which are component of forces of ensuring national security of the Republic of Kazakhstan, performing intelligence and counterintelligence activities, and also complex of the legal, organizational, operational search and technical measures aimed at safety of protected persons and objects for the purpose of prevention of threats of homeland security of the Republic of Kazakhstan.

2. Bodies of homeland security, authorized body in the sphere of foreign intelligence, Service of the state protection of the Republic of Kazakhstan treat special state bodies.

Under special state bodies advisory advisory bodies which provision and structure affirm the first heads of special state bodies can be created.

Article 4. Main objectives of special state bodies

The main objectives are assigned to special state bodies by the law and acts of the President of the Republic of Kazakhstan.

Article 5. Principles of activities of special state bodies

1. Activities of special state bodies are performed on the basis of the principles of public service in the Republic of Kazakhstan, and also:

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

2) unities of approaches to the organization of service in special state bodies;

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

4) combinations of public and secret methods and means of activities;

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

6) privacy and conspiracy.

Article 6. Coverage of this Law

Operation of this Law extends to all employees.

Military personnel of bodies of homeland security and military personnel at the call of Service of the state protection of the Republic of Kazakhstan serve according to the legislation of the Republic of Kazakhstan on military service and the status of the military personnel taking into account the features provided by Articles 7, 10 (except for Item 11), 12, of 15, of 16, of 17, of 18, of 19, of 22, of 24, 30 (except for the subitem 1) Item 8), 31, 32, 33, 34, 35, 36, 37, 40, 50, 75, 77 (except for the subitem 2) Item 4) and 85 (except for Item 4-2) of this Law.

Contract servicemen of Service of the state protection of the Republic of Kazakhstan pass military service according to the legislation of the Republic of Kazakhstan on military service and the status of the military personnel taking into account the features provided by this Law.

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.

Chapter 2. Revenues to service in special state bodies

Article 7. Transfer conditions on service

1. On service the citizens of the Republic of Kazakhstan who reached eighteen-year age are enlisted in special state bodies on voluntary basis, but is not more senior than age limit on the ranks established by this Law, the having necessary personal, moral and professional qualities, the education level, the state of health and physical development.

On service citizens (except cadets, listeners) not more young are enlisted than 23 years in operational divisions.

Reference of divisions to operational and equated to them is established by the first heads of special state bodies.

2. On service person cannot be enlisted:

1) recognized in the procedure established by the law of the Republic of Kazakhstan 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;

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

4) it is excluded

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

On 6) within three years before revenues to 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 (service) 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 special state bodies, law enforcement agencies, courts and judicial authorities;

10) not undergone special testing and (or) reported obviously false data on himself or the parents, children, adoptive parents adopted the full and not full brothers and sisters, grandsons or the spouse and her (his) parents, children, adoptive parents adopted, full and not full brothers and sisters, grandsons;

11) the parents, children, adoptive parents adopted full and not full brothers and sisters which grandsons or his spouse (spouse) or her (his) parents, children, adoptive parents adopted full and not full brothers and sisters, grandsons committed heavy and especially serious crimes;

12) not last psychophysiological or medical examination in the military-medical commissions or polygraphological research for determination of suitability to service.

The special state body has the right not to explain to the candidate the established cause of failure in acceptance on service.

3. The citizens enlisted on service in special state bodies without fail undergo psychophysiological and medical surveys in the military-medical commissions, and also polygraphological research for determination of suitability to service. The procedure for carrying out polygraphological researches is determined by the first heads of special state bodies.

4. It is excluded

5. In case of revenues to service in special state body of the citizen passing military or law-enforcement service, stay on service it is considered continuous when from the date of its dismissal from military or law-enforcement service and about day of its acceptance on service to special state body there went no more than three months, on condition of absence at it for the specified period of employment relationships with other physical persons and legal entities.

Article 8. Selection and transfer of candidates for service

1. Candidate screen, enlisted on service in special state bodies, their check are performed by personnel and other divisions of special state bodies.

The organization, procedure and technique of holding actions for selection and transfer of candidates for service are determined by the first heads of special state bodies.

2. The list of necessary documents, procedure for their registration, and also terms of conducting check are determined by the first heads of special state bodies.

3. The candidate for service shall correspond to the requirements for the education level, work experience established by the first head of the conforming special state body, physical training and to the state of health.

4. Medical examination of the candidate is carried out according to the legislation of the Republic of Kazakhstan.

5. Events for professional psychologically selection are held by specialists of psikhologo-sociological providing. At the same time compliance of individual, personality, professional characteristics of the candidate to requirements to activities in special state bodies is determined.

6. The documents of the candidate conforming to the established requirements for arriving on service under the contract, structural, territorial and other subdivisions go to the relevant special state body for assessment.

In case of need the candidate can be invited in the relevant special state body for check to professional suitability.

7. Transfer on service in special state bodies is performed, as a rule, on competitive basis.

The list of the positions replaced on competitive basis is determined by the first heads of special state bodies.

8. The candidate of the citizen who arrived for participation in tender is considered by the contest committee, the procedure for education and which work is determined by the first head of special state body.

The solution of the contest committee is drawn up by the protocol.

9. The authorized head in case of receipt of the positive conclusion of the contest committee signs the contract with the candidate, draws up required materials and sends them to the relevant special state body for the publication of the order on staff.

10. The relevant special state body after receipt of documents on results of tender within two months issues the order on staff concerning the selected candidates about appointment them to positions.

11. Transfer on service of faces of officers in special state bodies is drawn up by orders of heads of special state bodies.

12. The officials who accepted to positions of the citizens who did not undergo competitive selection are brought to disciplinary responsibility according to the procedure, established by this Law.

13. Persons arriving on service in special state bodies assume the restrictions set by the law connected with stay of the employee on service and the anti-corruption restrictions set by the Law of the Republic of Kazakhstan "About anti-corruption" which are fixed in writing.

14. The persons liable for call-up appointed to positions of employees or enlisted in personnel of special state bodies including cadets, listeners, are struck in accordance with the established procedure off the military register and put on special accounting of special state bodies which procedure is determined by the first heads of special state bodies.

Article 9. Contract on service

1. The contract on service is signed by the citizen of the Republic of Kazakhstan with the authorized head.

2. The contract in voluntary procedure is signed in writing between two parties according to the legislation of the Republic of Kazakhstan and stops the action:

1) after term;

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