LAW OF THE REPUBLIC OF KAZAKHSTAN

of November 23, 2015 No. 416-V ZRK

About public service of the Republic of Kazakhstan

This Law governs the public relations connected with revenues to public service of the Republic of Kazakhstan, its passing, the termination, determines legal status, material security and social protection of government employees, and also questions of activities of other persons in 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) the case "A" - managerial state positions of managerial level for which are provided special procedure for receipt, passing and termination of public service of the Republic of Kazakhstan, and also special qualification requirements;

2) it is excluded

3) the case "B" - the managerial state positions which are not included in the case "A";

4) bonus - the money payment established by the government employee by results of efficiency evaluation of their activities according to the procedure, established by the legislation of the Republic of Kazakhstan;

5) qualification requirements - requirements imposed to the citizens applying for occupation of the state position by training, to work experience and competences;

5-1) contract of the contractual employee - the employment contract between state body and the citizen of the Republic of Kazakhstan establishing its rights and functional obligations, working conditions, and also the work payment terms interconnected with results of work (quantitative and (or) qualitative indexes), responsibility for not achievement of results of work and other individual conditions;

6) public service of the Republic of Kazakhstan (further - public service) - the activities of government employees in state bodies on execution of ex-officio full powers directed to realization of tasks and functions of the government;

7) competences - set of knowledge, skills necessary for effective implementation of professional activity on specific state position;

8) the official - person, is permanent, temporary or on special power performing functions of the public agent or performing organizational and administrative or administrative functions in state bodies;

9) ex-officio full powers - the rights and obligations provided by specific state position, answering to the purposes and tasks facing state bodies in which government employees perform the activities;

9-1)  No. 273-VI ZRK is excluded according to the Law of the Republic of Kazakhstan of 26.11.2019;

10) the administrative government employee - the government employee performing the activities on the constant or the chosen professional basis, except as specified provided by the laws of the Republic of Kazakhstan and acts of the President of the Republic of Kazakhstan;

11) category of managerial state position - set of managerial state positions according to the register of positions of political and administrative government employees;

12) the government employee - the citizen of the Republic of Kazakhstan borrowing in the procedure established by the legislation of the Republic of Kazakhstan the paid from republican or local budgets or from means of National Bank of the Republic of Kazakhstan and (or) the Special state fund determined by the legislation of the Republic of Kazakhstan on return to the state of illegally acquired assets, state position in state body and performing ex-officio full powers for the purpose of realization of tasks and functions of the state;

13) office ethics of government employees (further - office ethics) - the rules of conduct of government employees established by standards of office ethics according to the Ethical code of government employees of the Republic of Kazakhstan;

13-1) direct head of the government employee - person, higher on the state position, in relation to whom the government employee is under direct supervision according to its job description;

14) authorized body for public service (further - authorized body) - the central state body enabling the realization of single state policy in the sphere of public service;

15) the state position - structural established post of state body to which the circle of ex-officio full powers established by regulatory legal acts is assigned;

15-1) contractual employee of state body (further - the contractual employee) - the citizen of the Republic of Kazakhstan attracted in state body under the contract with the features provided by this Law to implementation of national and other projects which types are determined by the Government of the Republic of Kazakhstan;

16) the political government employee - the government employee, appointment (election) which release and activities carry the political determining nature which bears responsibility for realization of political goals and tasks;

17) conflict of interest - contradiction between private interests of the government employee and his ex-officio full powers in case of whom private interests of the government employee can lead to non-execution or improper execution of the ex-officio full powers by it;

18) the mentor - the government employee assigned to the government employee for the first time accepted on public service, giving him practical help in its professional adaptation;

18-1) No. 101-VII ZRK is excluded according to the Law of the Republic of Kazakhstan of 03.01.2022

19) local position - the state position of administrative government employees of the case "B" which according to the register of positions of political and administrative government employees is subordinate position in subordinate category of the positions provided in the staff list of state body;

20) temporarily vacant state position - the state position, temporarily free in connection with posting, finding of the government employee holding this state position on social leave or on training at basis of the state order, and also absence it on workplace more than two months in a row owing to disease if the disease is included into the list of diseases for which longer term of disability approved by authorized state body in the field of health care is established;

21) the authorized commission - the commission on consideration of questions of arrival of citizens of the Republic of Kazakhstan on classified public service, its passings and the termination, and also attraction to state bodies of foreign workers which provision and structure affirm the President of the Republic of Kazakhstan;

22) the allowance - the cash surcharge to official pay rate established to the administrative government employee of the case "B" according to the procedure, determined by the legislation of the Republic of Kazakhstan;

23) posting - occupation government employees of the state positions in other state bodies, foreign institutions of the Republic of Kazakhstan and other organizations with preserving former place of employment (the state position) according to the procedure, established by the legislation of the Republic of Kazakhstan.

Article 2. The legislation of the Republic of Kazakhstan in the sphere of public service

1. The legal basis of public service is constituted by the Constitution of the Republic of Kazakhstan, the Labor code of the Republic of Kazakhstan, this Law, 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. Operation of this Law

1. Operation of this Law extends on:

1) all government employees, except as specified, when the Constitution, by the constitutional laws or other legal acts of the Republic of Kazakhstan for them determines other legal status;

2) the administrative government employees appointed by local representative bodies or elected according to the laws of the Republic of Kazakhstan in the part which is not settled by the laws of the Republic of Kazakhstan and acts of the President of the Republic of Kazakhstan, authorized body on regulation, control and supervision of the financial market and the financial organizations;

3) the government employees passing law-enforcement service with the features provided by legal acts of the Republic of Kazakhstan for law-enforcement service.

2. Operation of this Law does not extend on:

1) the persons performing maintenance and providing functioning of state bodies;

2) employees and technical employees of National Bank of the Republic of Kazakhstan and its departments;

3) persons performing activities in state bodies based on the employment contract according to the labor law of the Republic of Kazakhstan including foreign employees of state bodies, except for contractual employees.

Article 4. Basic principles of public service

1. Public service in the Republic of Kazakhstan is based on the principles:

1) legality;

2) Kazakhstan patriotism;

3) unities of system of public service irrespective of separation of the government into legislative, executive and judicial branches;

4) priority of the rights, freedoms and legitimate interests of citizens before interests of the state;

5) efficiency, effectiveness, transparency in activities of state bodies;

6) equal right of citizens to access to public service;

7) voluntariness of arrival of citizens on public service;

8) professionalism of government employees;

9) meritocracy - personal recognition and achievements of the government employee, its promotion on public service according to capabilities and professional training;

10) obligation of execution of the decisions made by higher state bodies and officials within their powers for subordinate government employees and government employees of subordinate state bodies;

11) submission to control and accountability of government employees;

12) the personal liability for non-execution or improper execution by the government employee of job responsibilities and excess of the ex-officio full powers by it;

13) ethics;

14) intolerance to offenses;

15) accounting of public opinion and publicity, except for the activities constituting the state secrets or other secret protected by the law;

16) legal and social security of government employees;

17) equal pay of work for accomplishment of equivalent work;

18) encouragement of government employees for model accomplishment of job responsibilities, faultless public service, task performance of special importance and complexity;

19) continuity of training of government employees and development of necessary competences;

20) practical focus of preparation, retraining and advanced training of government employees.

2. In state bodies creation of the organizations of political parties is not allowed. Government employees in case of execution of ex-officio full powers are guided by requirements of the legislation of the Republic of Kazakhstan and are not connected with decisions of political parties, public associations and their bodies.

Article 5. Authorized body

1. The single system of bodies for cases of public service is formed by the authorized body, its territorial subdivisions, the organizations subordinated to authorized body.

Territorial subdivisions perform the activities within the competence established by authorized body according to the legislation of the Republic of Kazakhstan.

2. Authorized body:

1) develops suggestions for improvement of the legislation of the Republic of Kazakhstan in the sphere of public service, and also adopts regulatory legal acts within the competence according to the procedure, established by the legislation of the Republic of Kazakhstan;

Develops 2) and approves standard qualification requirements to categories of managerial state positions;

3) is conducted by monitoring of condition of personnel list of political and administrative government employees, and also political and managerial state positions of public service, including general coordination on forming of the single automated database (information system) on personnel of public service;

3-1) conducts monitoring of condition of personnel list of contractual employees in state bodies;

4) it is excluded

5) determines procedure, programs, the organization of testing of candidates for occupation of the managerial state positions and citizens arriving on law-enforcement service according to the legislation of the Republic of Kazakhstan and also procedure for appeal of results of testing;

Develops 6) and submits for approval to the President of the Republic of Kazakhstan the register of positions of political and administrative government employees, and also acts according to this Law;

7) No. 393-VI ZRK is excluded according to the Law of the Republic of Kazakhstan of 30.12.2020

7-1) develops procedure for posting of government employees to state bodies, the international and other organizations;

7-2) develops and approves rules of calculation of the length of service of government employees granting the right to establishment of official pay rate in coordination with Government office of the Republic of Kazakhstan;

7-3)  No. 273-VI ZRK is excluded according to the Law of the Republic of Kazakhstan of 26.11.2019;

7-4) annually creates the National report on condition of public service in the Republic of Kazakhstan and brings it according to the procedure, established by the legislation of the Republic of Kazakhstan, in the Government of the Republic of Kazakhstan for the subsequent representation to the President of the Republic of Kazakhstan;

8) coordinates activities of state bodies concerning preparation, retrainings and advanced trainings of administrative government employees, including abroad;

9) is coordinated by forming and placement of the state order on preparation, retraining and advanced training of administrative government employees;

10) exercises the state control according to the legislation of the Republic of Kazakhstan of compliance with law of the Republic of Kazakhstan in the sphere of public service by state bodies, behind respect for office ethics by government employees, behind quality of rendering the state services;

10-1) performs monitoring of observance of the mode of working hours by state bodies, develops and approves rules of its carrying out, and also following the results performs;

10-2) develops and approves rules of application of remote work, the combined remote work, work in the mode of flexible working hours for government employees;

11) is determined by procedure for carrying out tenders on occupation of managerial state position;

12)  No. 273-VI ZRK is excluded according to the Law of the Republic of Kazakhstan of 26.11.2019;

13) is determined by procedure for development and approval of the job description of the administrative government employee;

14) is approved by standard regulations on service of personnel management (personnel service);

Develops 15) and approves standard document forms of personnel clerical work of classified public service;

15-1) develops and approves rules of determination of ratio of the leading and performing list of administrative government employees in coordination with Administration of the President of the Republic of Kazakhstan and Government office of the Republic of Kazakhstan;

15-2) approves projects of the regulatory legal acts connected with compensation of administrative and political government employees;

15-3) approves the qualification requirements imposed to managerial state positions of the case "B" of state bodies;

15-4) develops rules of calculation of the size, appointment, recalculation, implementation, the termination, return, suspension and renewal of rotational payments to government employees, rotirovanny to other settlement;

16) makes offers to officials and state bodies about cancellation of their decisions made with violation of this Law and other regulatory legal acts of the Republic of Kazakhstan;

17) brings to state bodies within the competence ideas of elimination of the violations, obligatory to consideration, revealed by results of check concerning public service according to the legislation of the Republic of Kazakhstan;

18) participates in preparation of drafts of international treaties concerning public service;

19) performs personnel management efficiency evaluation in state bodies;

Coordinates 20) and performs methodological management of activities of services of personnel management (personnel services);

21) considers claims of physical persons and legal entities to actions (failure to act) and decisions of state bodies or officials concerning violation of the law of the Republic of Kazakhstan in the sphere of public service, and also respect for office ethics;

22) performs coordination of activities of state bodies for the organization of holding training of administrative government employees;

22-1) No. 101-VII ZRK is excluded according to the Law of the Republic of Kazakhstan of 03.01.2022

23) performs other functions provided by this Law, other regulatory legal acts of the Republic of Kazakhstan.

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