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The document ceased to be valid since June 7, 2019 according to  Item 1 of the Order of the chairman of the Agency of the Republic of Kazakhstan for public service and to anti-corruption of May 28, 2019 No. 113

THE ORDER OF THE CHAIRMAN OF THE AGENCY OF THE REPUBLIC OF KAZAKHSTAN FOR PUBLIC SERVICE AND TO ANTI-CORRUPTION

of December 11, 2014 No. 57

About approval of Rules of appeal of actions and decisions of state bodies or officials by the government employees brought to disciplinary responsibility

According to Item 2 of article 29 of the Law of the Republic of Kazakhstan "About public service" and Item 65 of Rules of imposing of authority punishments on the administrative government employees approved by the Presidential decree of the Republic of Kazakhstan of December 31, 1999 No. 321, I ORDER:

1. Approve the enclosed Rules of appeal of actions and decisions of state bodies or officials as the government employees brought to disciplinary responsibility.

2. Declare invalid the order of the Chairman of the Agency of the Republic of Kazakhstan for public service of December 25, 2013 No. 06-7/188 "About approval of Rules of appeal of actions and decisions of state bodies or officials by the government employees brought to disciplinary responsibility (No. 27 published in the Kazakhstanskaya Pravda newspaper of February 8, 2014 is registered in the Register of state registration of regulatory legal acts for No. 9096, (27648).

3. To department of public service and prevention of corruption of the Agency of the Republic of Kazakhstan for public service and to anti-corruption (Komekbayev A. A.) provide state registration of this order in the Ministry of Justice of the Republic of Kazakhstan and its official publication according to the procedure established by the legislation of the Republic of Kazakhstan.

4. This order becomes effective from the date of its first official publication.

Chairman

K. Kozhamzharov

Approved by the Order of the Chairman of the Agency of the Republic of Kazakhstan for public service and to anti-corruption of December 11, 2014 No. 57

Rules of appeal of actions and decisions of state bodies or officials by the government employees brought to disciplinary responsibility

1. General provisions

1. These rules of appeal of actions and decisions of state bodies or officials by the government employees brought to disciplinary responsibility (further - Rules), are developed for the purpose of implementation of requirements of article 29 of the Law of the Republic of Kazakhstan "About public service", and also Item 65 of Rules of imposing of authority punishments on the administrative government employees of the Republic of Kazakhstan approved by the Presidential decree of the Republic of Kazakhstan of December 31, 1999 No. 321.

2. Rules determine procedure for appeal of actions and decisions of state bodies or officials by the government employees (further - the employee) brought to disciplinary responsibility in higher state bodies, to the higher official, authorized body for public service and to anti-corruption (further - authorized body).

2. Procedure and terms of appeal of actions and decisions of state bodies or officials by the employees brought to disciplinary responsibility

3. The employee appeals actions and decisions of state bodies or officials in higher state bodies, to the higher official, in authorized body if:

1) the employee does not agree with the authority punishment imposed on him;

2) the rights, freedoms and interests of the employee protected by the law are violated;

3) the employee is brought to disciplinary responsibility with violation of the law about public service.

4. In the address of the employee its surname, the name, middle name (are entered in case of its availability), the postal address, the claim shall be are sign by the employee or certified by the digital signature.

In case of submission of the claim the name of state body, surname and initials of officials whose actions are appealed, motives of the address and requirement are specified.

5. The appeal of the employee to higher state body, to the higher official, authorized body is considered according to the procedure, established by the Law of the Republic of Kazakhstan "About procedure for consideration of appeals of physical persons and legal entities".

6. The employee who made the complaint in higher state body, to the higher official authorized body before decision making according to this claim can withdraw it based on the written application. The withdrawal of the claim of the employee does not deprive of it the right to submission of the repeated claim on condition of adherence to deadlines, stipulated in Item 8 these rules.

7. The claim to actions and decisions of state bodies or officials moves in higher state bodies, to the higher official, authorized body no later than one month since the moment when the employee knew of decision making about involvement of the employee to disciplinary responsibility.

The term passed for appeal is not the basis for state body or the official to refusal in consideration of the claim. The reasons of the omission of term become clear by consideration of the claim in essence and can be one of the bases to refusal in grievance settlement.

3. Procedure and terms of consideration of the claim of the employee brought to disciplinary responsibility on actions and decisions of state bodies or officials

8. The claim of the employee in higher state body, to the higher official, authorized body is considered no later than fifteen calendar days from the date of receipt in state body or to the official in time.

When carrying out additional studying or check is necessary, the term of consideration is prolonged no more than for thirty calendar days about what it is reported to the applicant within three calendar days from the date of prolongation of term of consideration.

9. Higher state bodies, higher officials, authorized body within the competence:

1) provide objective, comprehensive and timely consideration of the claim, in case of need - with participation of the employee;

2) take the measures directed to recovery of the violated rights and freedoms of the employee;

3) are informed the consideration of its claim serving about results and the taken measures.

10. By results of consideration of the claim of the employee one of the following decisions is accepted:

1) about complete or partial grievance settlement of the employee;

2) about refusal in grievance settlement of the adoption of such decision serving with reasons;

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