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

of October 21, 2016 No. 19

About approval of the Regulations on the Commission on ethics of authorized body for public service

(as amended on 18-02-2019)

According to Item 24 of Rules of imposing of authority punishment on the government employees approved by the Presidential decree of the Republic of Kazakhstan of December 29, 2015 No. 152, I ORDER:

1. Approve the enclosed Regulations on the Commission on ethics of authorized body for public service of the Republic of Kazakhstan.

2. Declare invalid the order of the Minister for public service of the Republic of Kazakhstan of April 26, 2016 No. 87 "About approval of the Regulations on the Commission on ethics of authorized body for public service" (No. registered in the Register of state registration of regulatory legal acts 13748, published in information system of law of Ad_let of June 17, 2016).

3. In the sphere of public service of the Agency of the Republic of Kazakhstan for public service and to anti-corruption (further - the Agency) to provide to inspection department:

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) within ten calendar days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan its direction on official publication in periodic printing editions and information system of law of Ad_let;

3) within ten calendar days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan the direction in the Republican state company on the right of economic maintaining "The republican center of legal information" of the Ministry of Justice of the Republic of Kazakhstan for placement in the Reference control form of normative legal acts of the Republic of Kazakhstan;

4) placement of this order on official Internet resource of the Agency.

4. To impose control of execution of this order on the vice-chairman of the Agency Shpekbayev A. Zh.

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

The chairman of the Agency of the Republic of Kazakhstan for public service and to anti-corruption

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 October 28, 2016 No. 19

Regulations on the Commission on ethics of authorized body for public service

Chapter 1. General provisions

1. This Regulations on the Commission on ethics of authorized body for public service (further - the Provision) are accepted according to Item 24 of Rules of imposing of authority punishment on the government employees approved by the Presidential decree of the Republic of Kazakhstan of December 29, 2015 No. 152 (further - Rules).

2. The commission on ethics of authorized body for public service (further - the Commission) - the permanent collegiate organ created by Agency on cases of public service and anti-corruption of the Republic of Kazakhstan (further - the Agency), for consideration of disciplinary cases in the relation of administrative government employees of categories B-1, C-1, C-2, and also C-O-1, C-O-2 of authorized body for public service which allowed violation of regulations of office ethics, including the minor offenses discrediting public service.

3. The commission in the activities is guided by the Constitution of the Republic of Kazakhstan, the laws of the Republic of Kazakhstan of November 23, 2015 "About public service of the Republic of Kazakhstan", of November 18, 2015 "About anti-corruption", Rules, this Provision.

2. Main functions of the Commission

4. The main functions of the Commission are:

1) consideration of disciplinary cases and development of offers to heads of the central state bodies on attraction to disciplinary responsibility of the administrative government employees specified in Item 2 (further - employees) this provision;

2) development of the measures directed to the prevention of corruption and prevention of violations of regulations of office ethics, including the minor offenses discrediting public service.

5. The commission for the purpose of implementation of functions:

1) hears heads and other officials of the central state bodies, their departments at the meetings;

2) requests documents, materials and information from law enforcement and other state bodies, the organizations;

3) makes offers in the central state bodies (except special state bodies and the Ministry of Defence of the Republic of Kazakhstan) about conducting office investigations on the facts of violation by employees of regulations of office ethics, including making of the minor offenses discrediting public service.

3. Organization of activities of the Commission

6. The staff of the Commission is determined by the chairman of the Agency for a period of one year. The structure of the Commission is formed by the chairman and members of the commission.

Representatives of the central state bodies, including law enforcement agencies, deputies of Parliament of the Republic of Kazakhstan, representatives of the non-governmental organizations and mass media accredited according to the procedure, established by the legislation of the Republic of Kazakhstan are part of the Commission. The number of members of the commission shall be odd and constitute at least 7 people, including the chairman.

6-1. According to the proposal of the commission chairman the member of the commission can be removed from its structure in cases:

1) not visits of commission sessions more than three times within year, except for the time spent in condition of temporary disability, release from work for accomplishment of the state or public duties, stay on leave, business trip;

2) terminations of powers of the deputy, representative of state body, non-governmental organizations, mass media;

3) making of the illegal guilty actions or failure to act confirmed in stipulated by the legislation procedure;

4) manifestations of bias and personal interest by consideration of the questions entering competence of the Commission;

5) expressions of desire about secession of the Commission.

7. Commission chairman:

1) heads the Commission, will organize and performs management of its work;

2) determines the agenda of commission sessions;

3) convokes commission sessions and presides over them;

4) determines the speaker by the specific question considered on commission session;

5) makes the decision on holding private meeting of the Commission;

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