PRESIDENTIAL DECREE OF THE REPUBLIC OF KAZAKHSTAN

of July 8, 2005 No. 1612

About approval of the Standard regulations on carrying out employee assessment of law enforcement agencies of the Republic of Kazakhstan

For the purpose of further enhancement of activities of law enforcement agencies of the Republic of Kazakhstan POSTANOVLYAYU:

1. Approve the enclosed Standard regulations on carrying out employee assessment of law enforcement agencies of the Republic of Kazakhstan (further - the Standard provision).

2. To the government of the Republic of Kazakhstan and heads of law enforcement agencies of the Republic of Kazakhstan to bring the acts into accord with the Standard provision and to take the measures following from this Decree.

3. This Decree becomes effective from the date of signing.

Approved by the Presidential decree of the Republic of Kazakhstan of July 8, 2005 No. 1612

Standard regulations on carrying out employee assessment of law enforcement agencies of the Republic of Kazakhstan

1. General provisions

1. This Standard provision (further - the Provision) determines the organization of carrying out employee assessment of law enforcement agencies, the organizations of formation of law enforcement agencies and public institutions of law enforcement agencies of the Republic of Kazakhstan (further - employees).

2. Employee assessment (further - certification) - periodically performed procedure for determination of level of their professional training, legal culture and capability to work with citizens.

3. Employees undergo certification after each next three years of continuous stay on service in system of law enforcement agencies. At the same time certification shall be carried out no later than six months from the date of approach of the specified term.

If the employees who are subject to certification are appointed to new positions, they undergo certification in one year after appointment in cases. In case of appointment to equivalent positions if it did not entail changes of functional obligations, this term is not considered.

When passing certification stay on service in system of law enforcement agencies is considered continuous when from the date of dismissal of the employee from service in system of law enforcement agencies and about day of its acceptance on service in system of law enforcement agencies there passed no more than three months, on condition of absence at it for the specified period of employment relationships with others legal (except for state bodies) and physical persons.

4. Certifications the head of law enforcement agency and its deputies, and also the employees having service length in law enforcement agencies at least twenty years are not subject.

Certifications of the woman from number of persons employed during their pregnancy and child care leave are not subject. They are certified after entry into service not earlier than in six months and no later than one year.

5. The employees studying in the organizations of education within the state order on training of government employees undergo certification for the end of training, but not earlier than in one year after position assignment in system of law enforcement agencies.

Employee assessment, attached to state bodies, is made according to the procedure, established for employees of the relevant state bodies, and the employees attached to the international organizations undergo certification after return from the international organization, but not earlier than in year after holding the post in system of law enforcement agencies.

6. Certification includes number of consecutive stages:

1) preparation for carrying out certification;

2) delivery of the established standard rates by determination of professional suitability;

3) computer testing of the employee who is subject to certification for knowledge of the legislation of the Republic of Kazakhstan and logical thinking;

4) passing of polygraphological research;

5) the interview with the employee conducted by certifying commission;

6) decision of certifying commission.

2. Organization of preparation for carrying out certification

7. In case of approach of term of carrying out certification for the order of the head of law enforcement agency, organization of formation of law enforcement agency and public institution of law enforcement agency or the authorized head by the relevant personnel services preparation for carrying out certification will be organized.

Preparation includes:

1) schedule development of carrying out certification and the list of the employees who are subject to certification;

2) the organization of explanatory work about the purposes and procedure for carrying out certification;

3) determination of terms and venue of testing;

4) preparation of necessary documents on the certified employees (the record of service, competitiveness indicator, the office characteristic).

The procedure and conditions of passing of testing, standard rates on determination of professional suitability, and also threshold values for categories of positions (further - threshold values) are established by regulatory legal acts of law enforcement agencies.

The procedure for passing of polygraphological research is determined by the Government of the Republic of Kazakhstan.

8. The personnel service of law enforcement agency, the organization of formation of law enforcement agency and public institution of law enforcement agency once within six months determines the employees who are subject to certification.

9. The head on representation of personnel service approves the list of the employees who are subject to certification and terms of its carrying out.

10. The personnel service in writing notifies employees on terms of carrying out certification not later than month prior to its carrying out.

11. The direct head of the employee who is subject to certification draws up its office characteristic in standard form of the office characteristic of the employee who is subject to certification according to appendix 1 to this Provision and sends it to personnel service not later than three weeks prior to meeting of certifying commission in time.

12. The office characteristic shall contain objective and reasonable assessment of professional, personal qualities and results of office activities of subject of employee assessment for the period, being from its three years' continuous stay in the service in system of law enforcement agencies and the term which passed after that before the carried-out certification.

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