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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 February 21, 2017 No. 40

About some questions of occupation of managerial state position

(as amended on 09-02-2024)

According to the subitem 1) article 10 of the Law of the Republic of Kazakhstan "About the state services", subitems 5), 11) Item 2 of Article 5, Item 2 of Article 27, Items 3, 4 articles 28 of the Law of the Republic of Kazakhstan "About public service of the Republic of Kazakhstan, and also the Presidential decree of the Republic of Kazakhstan of April 13, 2022 No. 872 "About measures for debureaucratization of activities of the state apparatus", PRIKAZYVAYU:

1. Approve:

1) Rules of carrying out tender on occupation of managerial state position of the case "B" according to appendix 1 to this order;

2) Rules, programs and the organization of testing of administrative government employees, candidates for occupation of managerial state positions according to appendix 2 to this order;

2-1) Rules, programs and the organization of testing of administrative government employees, candidates for occupation of managerial state positions according to appendix 2-2 to this order;

3) Provisional Rules of selection and carrying out tender on occupation of managerial state position of the case "B" in the integrated information system in state bodies according to appendix 2-1 to this order;

3-1) Provisional rules of selection and carrying out tender on occupation of managerial state position of the case "B" in the integrated information system, according to appendix 2-3 to this order.

2. Recognize invalid some orders of the Minister of cases of public service of the Republic of Kazakhstan according to appendix 3 to this order.

3. And to anti-corruption in the procedure established by the legislation to provide to department of public service of the Agency of the Republic of Kazakhstan for public service:

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

2) within ten calendar days from the date of state registration of this order 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 Reference control bank of regulatory legal acts of the Republic of Kazakhstan;

3) placement of this order on Internet resource of the Agency of the Republic of Kazakhstan for public service and to anti-corruption.

4. To impose control of execution of this order on the vice-chairman of the Agency of the Republic of Kazakhstan for public service and to anti-corruption supervising questions of public service.

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

Appendix 1

to the Order of the Chairman of the Agency of the Republic of Kazakhstan for public service and to anti-corruption of February 21, 2017 No. 40

Rules of carrying out tender on occupation of managerial state position of the case "B"

Chapter 1. General provisions

1. These rules of carrying out tender on occupation of managerial state position of the case "B" (further – Rules) are developed according to the subitem 11) of Item 2 of Article 5, Item 2 of article 27 of the Law of the Republic of Kazakhstan "About public service of the Republic of Kazakhstan" (further – the Law) and determine procedure for carrying out tender on occupation of managerial state position of the case "B" (further – tender).

2. Competition is held by the state body having vacant and (or) temporarily vacant managerial state positions of the case "B" (further - vacant positions).

3. The state body creates the contest committee for candidate screen on occupation of vacant position.

4. The solution of the contest committee is the basis for acceptance for vacant post or refusal in acceptance to such position.

5. In cases of reorganization or liquidation of state body, the announced competitions are cancelled at any stage of their carrying out, except for tenders on occupation of vacant positions of structural and territorial subdivisions, departments of state body, function which powers and established posts are not subject to any changes.

Chapter 2. Procedure for carrying out tender

6. Tender on occupation of vacant or temporarily vacant managerial state position of the case "B" consists of the following types:

1) general tender;

2) internal tender.

7. Tender includes number of consecutive stages:

1) publication of the announcement of carrying out tender;

2) documents acceptance from persons who showed willingness to take part in tender;

3) consideration of documents of participants of tender;

4) the interview with participants of tender conducted by the contest committee of state body;

5) conclusion of the contest committee of state body.

8. Tender to positions of the first heads of the executive bodies financed from local budgets on physical culture and sport, education, culture and health care includes stage of coordination of participants of tender before interview stage with the industry ministries supervising questions on physical culture and sport, education, culture and health care (further - the industry ministries).

After consideration of documents of participants of tender the service of personnel management (personnel service) within two working days sends in electronic form to the copy of documents of the participants of tender conforming to qualification requirements to the industry ministry.

Coordination of participants of tender is performed by means of the interview conducted by the industry ministry with participants of tender within three working days from the date of receipt of electronic copies of documents of participants of tender from the contest committee.

The interview can be conducted by means of remote means of video conference at the discretion of of the candidate.

The result of coordination of participants of tender is drawn up in the form of the conclusion which within two working days goes in electronic form to the state body holding competition. On each participant of tender the separate conclusion is created.

The conclusion with negative result of coordination is not the basis for not admission of candidates to interview with the contest committee.

9. Citizens make expenses on participation in tender (journey to the venue of interview and back, employment of premises, accommodation, use of communication services of all types) at the expense of own means.

10. The citizens of the Republic of Kazakhstan conforming to the requirements specified in article 16 of the Law take part in tender.

11. Participants of tender are the citizens of the Republic of Kazakhstan who filed documents to state body, provided by Items 44, of 76 or 79 these rules.

12. Candidates for occupation of vacant position (further - candidates) are the participants of tender allowed to interview based on the decision of service of personnel management (personnel service) or person to who fulfillment of duties of service of personnel management (personnel service) is assigned.

13. The contest committee conducts interview with candidates and performs among them selection on occupation of vacant positions or refuses acceptance for vacancies.

Chapter 3. Forming of the contest committee

14. The contest committee is created according to the procedure, determined by these rules, the head of the relevant state body or the chief of staff.

15. The chairman of the contest committee is one of members of the contest committee and is appointed according to the solution of the face specified in Item 14 of these rules, which approved structure of the contest committee.

16. In areas, the cities, areas creation of the unified contest committee for the executive bodies financed from budgets of the corresponding administrative and territorial units is allowed. The unified contest committee of the district, city, regional executive bodies financed from local budgets is created according to the solution of the face given the right of appointment of heads of data of executive bodies.

The chairman of the unified contest committee is one of members of the unified contest committee and is appointed according to the solution of the face specified in part one of this Item.

17. According to the decision of the head of the central state body creation of the unified contest committee for the central state body, its departments and territorial subdivisions is allowed or according to the decision of the head of department of the central state body creation of the unified contest committee for department of the central state body and its territorial subdivisions is allowed.

For district, city territorial subdivisions of the central state body and its department creation of the unified contest committee in interregional or regional territorial subdivision of the central state body and its department is allowed. The unified contest committee of district, city territorial subdivisions is created according to the decision of the head of interregional or regional territorial subdivision of the central state body and its department or according to the decision of higher body.

The chairman of the unified contest committee is one of members of the unified contest committee and is appointed according to the solution of the faces specified in part one and the second this Item.

18. The contest committee consists at least of three members, including the chairman. At the same time the structure of the contest committee created in the central state body and its department joins representatives of various structural divisions in number of at least a third of members of the contest committee.

19. The structure of the contest committee or the unified contest committee join employees of service of personnel management (personnel service) or persons to whom fulfillment of duties of service of personnel management (personnel service), employees of the structural divisions having vacant positions on which occupation competition, and also the other persons determined by person specified in Item 14, to Item part one 16, of part one and the second Item 17 of these rules is held (further – the authorized person) is assigned.

Tender on holding the posts of the deputy akim of the area, area in the city and the cities of regional value, and also the deputy manager of regional executive body, executive body of the city of the republican value, the capital financed from the local budget is carried out by the contest committee or the unified contest committee of the office of the akim of the respective area, city of republican value, the capital, with inclusion in its list of the representative of the office of the akim of this area, the area in the city and the cities of regional value or the representative of this executive body.

When carrying out tender on holding the post of the head of the HR department (personnel service) or single service of personnel management (personnel service) the structure of the contest committee or the unified contest committee joins the representative of authorized body for public service (further – authorized body) or its territorial subdivision.

20. The unified contest committee heads of state bodies or structural divisions of state bodies for which said commission is created are included.

21. If coordination of local executive bodies on activities of this central executive body or its department belongs to powers of the central executive body or its department, then representatives of this central executive body or its department have the right to participate in work of the contest committees created for carrying out tenders on holding the posts of heads of the relevant executive bodies of areas, cities of republican value, the capital financed from local budgets.

The state body creating the contest committee for carrying out tenders on holding the posts of heads of executive bodies of areas, cities of republican value, the capital financed from local budgets shall send inquiry to the relevant central executive body for nomination in structure of the contest committee.

In case of non-presentation by the central executive body or its department of the candidate in structure of the contest committee within three working days from the date of receipt of request the contest committee is created without representative of this central executive body or its department.

22. The participant of tender cannot be part of the contest committee.

23. The secretary of the contest committee is appointed from among government employees, performs organizational support of its work, is not her member and does not take part in vote.

24. Replacement of the absent members of the contest committee is not allowed.

25. Change of structure of the contest committee is performed according to the solution of the authorized person by the publication of the relevant act.

26. The contest committee creates for each announced vacant position the list of no more than ten directions of competitive questions taking into account ex-officio full powers of the corresponding vacant or temporarily vacant position of the case "B", and also the list to that essays in field of activity of the relevant state body for positions of categories A-1, B-1, C-1, C-O-1, C-R-1, D-1, D-O-1, D-R-1, E-1, E-R-1.

In addition to competitive questions and the essay application by the contest committee of other means of candidate screen is allowed. At the same time information on application of the means of candidate screen which are not provided by these rules is specified in the announcement of carrying out tender.

27. For ensuring transparency and objectivity of work of the contest committee observers are invited to its meeting.

28. As observers at meeting of the contest committee presence of citizens of the Republic of Kazakhstan not more young than eighteen years, including employees of authorized body is allowed.

29. In the course of the interview observers do not ask candidates questions. Making by observers of the actions interfering work of the contest committee, disclosure by them of the data, concerning personal data of candidates, competitive procedures in which candidates, use of technical means of record by them take part is not allowed.

30. For presence at meeting of the contest committee as the observer person notifies service of personnel management (personnel service) no later than two hours prior to holding interview.

The notification is performed by phone or by e-mail, specified in the announcement of carrying out tender.

31. Prior to holding interview the secretary of the contest committee informs observers of the instruction sheet for the observer in form, according to appendix 1 to these rules.

32. Observers can provide the opinion on work of the contest committee in writing to management of the relevant state body, and also authorized body.

33. When carrying out tender the invitation of experts is allowed.

The persons who are not employees of the state body which announced competition, having work experience in the areas corresponding to the functional directions of vacant position including in the scientific sphere and also specialists in selection and promotion of personnel, government employees of other state bodies, deputies of Parliament of the Republic of Kazakhstan and maslikhats act as experts.

34. Experts participate in interview, ask questions to candidates, express the opinion on candidates to members of the contest committee.

Experts can fix the interview course by means of own technical means of record.

35. Before tender completion public disclosure by employees of state body of information about structure of the contest committees is not allowed, except as specified provisions of information to authorized body or other cases established by the legislation of the Republic of Kazakhstan on law-enforcement service.

36. Presence at meeting of the contest committee of employees of authorized body or its territorial subdivisions, including by means of remote means of video conference is allowed.

Chapter 4. Internal tender

37. According to Item 1 of article 29 of the Law for occupation of vacant position the state body holds internal competition in which the other persons determined by the Law and the Law of the Republic of Kazakhstan of March 7, 2002 "About diplomatic service of the Republic of Kazakhstan" also have the right to participate.

During creation of single service of personnel management (personnel service) or the unified contest committee, internal competition is held among government employees of state bodies for which the specified service or the commission are created.

38. Internal competition is not held for occupation of the local position which is vacant or temporarily vacant.

Paragraph 1. Announcement of internal tender

39. When carrying out internal tender in the central state bodies, departments and their territorial subdivisions of the announcement take place on Internet resources of the central state bodies and authorized body. Additional publication of announcements is allowed in the periodic printing editions distributed in all territory of the Republic of Kazakhstan, on other Internet resources and social networks.

Announcements of carrying out internal tender in the executive bodies financed from the local budget are placed on Internet resources of the executive bodies financed from the local budget, and authorized body. Additional publication of announcements is allowed in the periodicals distributed to the territories of the corresponding administrative and territorial unit, on other Internet resources and social networks.

In case of creation of single service of personnel management (personnel service) of the announcement also take place on Internet resource of state body in which structure it consists.

40. After publication of the announcement of carrying out tender, appointment of citizens to the announced position according to the procedure, stipulated in Item 3 Articles 15, Item 7 of article 27 of the Law, before the end of competitive procedures is not allowed.

41. The announcement of carrying out tender includes the following data:

1) the name of the state body holding competition with indication of its location, the postal address, phone numbers, e-mail addresses with indication of restriction of the most admissible size of files;

2) the name of vacant positions with designation of the fundamental functional obligations, the size and payment terms of work;

3) the main requirements to the participant of tender determined by state body according to qualification requirements;

4) the documents acceptance term (3 working days) which is estimated from next working day after the publication of the announcement of carrying out internal tender on Internet resource of authorized body.

At the same time the service of personnel management (personnel service), or person to who fulfillment of duties of service of personnel management (personnel service) is assigned accepts documents in the working hours of state body established by the rules of the labor schedule of government employees approved according to Item 3 of article 32 of the Law of the Republic of Kazakhstan "About public service of the Republic of Kazakhstan";

5) the list of the necessary documents specified in Item 44 of these rules;

6) terms and venue of interview;

7) information concerning presence of observers at meeting of the contest committee;

8) the application form for participation in tender;

9) information on procedure for appeal of actions and solution of the contest committee;

10) information on application of the means of candidate screen which are not provided by these rules.

41-1. In case of introduction of restrictive actions, including quarantine according to the Code of the Republic of Kazakhstan of July 7, 2020 "About health of the people and health care system", documents acceptance term for participation in tender on occupation of vacant positions of authorized bodies in the field of health care, the social and labor sphere and education, their departments, territorial subdivisions of their departments, and also executive bodies financed from the local budget in the field of health care, employment of the population and education according to the solution of the contest committee can constitute one working day.

42. If competition is held for temporarily vacant managerial state post of the case "B", this condition is specified in the announcement of carrying out internal tender with indication of date of appearance at work of temporarily absent worker behind which the place of employment (position), and also information on the right of the main worker to appearance at work before the expiration of this term remained.

Paragraph 2. Documents acceptance of persons participating in internal tender

43. Persons who showed willingness to participate in internal tender submit documents to the state body which announced competition in electronic form by means of the integrated information system "E-Kyzmet" or the portal of electronic government "E-gov" or on the e-mail address specified in the announcement in documents acceptance terms.

44. For participation in internal tender the following documents are submitted:

1) the statement in form, according to appendix 2 to these rules (further - the Statement);

2) the record of service of the government employee in the form approved by the order of the Chairman of the Agency of the Republic of Kazakhstan for public service of September 10, 2021 No. 158 (it is registered in the Register of state registration of regulatory legal acts under No. 24350) certified by the relevant service of personnel management not earlier than before thirty calendar days about day of submission of documents.

Candidates can provide the documents confirming availability at the candidate of length of service in the areas corresponding to the functional directions of the announced position.

45. Representation of incomplete document package, or false information, or discrepancy of documents to requirements imposed to them is the basis for refusal in their consideration of personnel management (personnel service) by service or person to who fulfillment of duties of service of personnel management (personnel service) is assigned.

46. Citizens can provide the additional information concerning their education, work experience, professional level and reputation (copies of documents on advanced training, assignment of academic degrees and ranks, characteristics, recommendations, scientific publications, other data characterizing their professional activity, qualification).

Paragraph 3. Consideration of documents of participants of internal tender

47. The service of personnel management (personnel service) or person to who fulfillment of duties of service of personnel management (personnel service) is assigned considers the submitted documents on compliance of candidates to the qualification requirements approved according to item 4 of article 17 of the Law and makes the decision on the admission of participants of tender to interview within one working day after the termination of term of documents acceptance.

48. The decision is drawn up in form according to appendix 6 to these rules (further - the Decision) and signed by the secretary of the contest committee and the head of the HR department (personnel service) or person to who fulfillment of duties of service of personnel management (personnel service) is assigned (further - the head of the HR department).

The head of the HR department can sign the decision in electronic form by means of the electronic and digital signature.

49. Following the results of consideration of documents the secretary of the contest committee creates the candidate list, allowed to interview, and the schedule of its carrying out in form according to appendix 7.

The candidate list, allowed to interview, and the schedule of holding interview take place on Internet resource of the state body which announced competition before the expiration of the next working day from the date of decision making of personnel management by service (personnel service) or person to who fulfillment of duties of service of personnel management (personnel service) and no later than one working day about day of holding interview is assigned.

50. The candidates allowed to interview are notified by the secretary of the contest committee on date of interview and the essay, and also in need of other means of candidate screen within one working day after decision making of personnel management (personnel service) by service or person to who fulfillment of duties of service of personnel management (personnel service) and no later than one working day about day of holding interview is assigned. The notification is performed by phone or by means of the direction of information on e-mail addresses and mobile phones of participants.

51. The participants of tender who did not get the admission are notified on it by the secretary of the contest committee within one working day after decision making of service of personnel management (personnel service) or person to who fulfillment of duties of service of personnel management (personnel service) is assigned. The notification is performed by phone or by means of the direction of information on e-mail addresses and mobile phones of participants.

Paragraph 4. Interview with the candidates participating in internal tender

52. The purpose of interview is assessment of professional and personal qualities of candidates.

53. The candidates participating in internal tender and allowed to interview pass it in the state bodies which announced competition within three working days from the date of the notification of candidates on their admission to interview.

The interview with the candidates participating in internal tender and allowed to interview if necessary can be held by means of remote means of video conference.

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