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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 22-07-2020)

According to the subitem 1) of article 10 of the Law of the Republic of Kazakhstan of April 15, 2013 "About the state services", subitems 5), 11) of Item 2 of Article 5, the subitem 1) of Article 26, Item 2 of Article 27, Items 3, 4 Articles 28, Item 2-1 of article 29 of the Law of the Republic of Kazakhstan of November 23, 2015 "About public service of the Republic of Kazakhstan", Items 27, of 31 Rules of selection in personnel reserve of classified public service of the case "A" approved by the Presidential decree of the Republic of Kazakhstan of December 29, 2015 No. 151, ORDER:

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. 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 and Item 2-1 of article 29 of the Law of the Republic of Kazakhstan of November 23, 2015 "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 consists of the following types:

1) internal tender among government employees of this state body;

2) internal tender among government employees of all state bodies;

3) general 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 responsible secretary (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 certificates issued by results of testing for knowledge of the legislation of the Republic of Kazakhstan are valid within one year from the date of testing passing.

In case of introduction of emergency state in all territory of the Republic of Kazakhstan effective period of the certificate stops for the imposed state of emergency.

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