Unofficial translation
This Law governs social relations associated with joining the civil service of the Republic of Kazakhstan, with its performance, termination, defines the legal status, financial security and social protection of civil servants, as well as the activity of other persons working for state bodies.
Article 1. Basic definitions used in this Law
The following basic definitions are used in this Law:
1) the corps "A" - administrative public offices of a managerial level, for which a special procedure for entering, passing through and terminating the public service of the Republic of Kazakhstan is provided, as well as special qualification requirements;
2) excluded by Law of the RK № 357-VI of 03.07.2020 (shall be enacted ten calendar days after the date of its first official publication));
3) corps “B” – administrative civil service positions not included in corps “A”;
4) bonus - a monetary payment to civil servants subsequent to the results of assessment of their efficiency in the manner prescribed by the legislation of the Republic of Kazakhstan;
5) qualification requirements - requirements to the education, work experience and competencies of citizens applying for a civil service position;
5-1) contract of a contract servant- an employment contract between a state body and a citizen of the Republic of Kazakhstan, establishing his rights and functional duties, working conditions, also remuneration terms, linked with the work results (quantitative and (or) qualitative indicators), responsibility for non-achievement of labor results and other individual conditions;
6) the civil service of the Republic of Kazakhstan (hereinafter referred to as the civil service) – the activity that civil servants perform in the state bodies to exercise their official powers, which is aimed at the implementation of tasks and functions of the state power;
7) competencies - the total of knowledge, skills and experience required to efficiently perform professional activity required by a particular civil service position;
8) an official - a person who permanently, temporarily or by special authority exercises functions of a representative of state power or performs organizational and managerial, administrative and economic functions in the state bodies;
9) official powers - rights and duties envisaged by a particular civil service position that meet the goals and tasks faced by state bodies for which civil servants work;
9-1) is excluded by the Law of the Republic of Kazakhstan dated 26.11.2019 № 273-VI (shall be enforced upon expiry of ten calendar days after the day of its first official publication);
10) administrative civil servant - a civil servant who carries out his/her activities on a permanent or elected professional basis, excluding cases stipulated by the laws of the Republic of Kazakhstan and acts of the President of the Republic of Kazakhstan;
11) category of administrative public office - a set of administrative public positions in accordance with the roster of positions of political and administrative public servants;
12) a civil servant - a citizen of the Republic of Kazakhstan who, in accordance with the procedure established by the legislation of the Republic of Kazakhstan, holds a public position paid from the republican or local budgets or from the funds of the National Bank of the Republic of Kazakhstan and (or) the Special State Fund determined by the legislation of the Republic of Kazakhstan on return of illegally acquired assets to the state, a public position in a state body and exercising official powers for the implementation of the tasks and functions of the state;
13) service ethics of civil servants (hereinafter – service ethics) - the rules of conduct for civil servants established by the standards of service ethics in accordance with the Code of Ethics of civil servants of the Republic of Kazakhstan;
13-1) direct supervisor of a civil servant - a person higher in public office, in relation to whom the civil servant is directly subordinate in accordance with his job description;
14) the authorized body for public service affairs (hereinafter referred to as the authorized body) - the central state body implementing the unified state policy in the field of public service;
15) a civil service position - a staffing structure unit of a state body that is entrusted with a range of official powers established by regulatory legal acts;
15-1) a contract servant of a state body (hereinafter referred to as a contract servant) - a citizen of the Republic of Kazakhstan, involved in a state body under a contract with the specifics provided for by this Law, for the implementation of national and other projects, the types of which are determined by the Government of the Republic of Kazakhstan;
16) a political civil servant – a civil servant, whose appointment (selection), dismissal and activity are associated with policymaking, who is responsible for implementation of political goals and objectives;
17) conflict of interest - a contradiction between personal interests of a civil servant and his/her official powers, which may lead to the failure or improper performance of official powers by a civil servant because of personal interests;
18) a mentor - a civil servant assigned to render practical assistance in professional adaptation to another civil servant admitted to the civil service for the first time;
18-1) is excluded by the Law of the Republic of Kazakhstan dated 03.01.2022 № 101-VII (shall be enforced from 31.12.2023);
19) a grass-roots position is a corps "B" civil servant position which, pursuant to the register of political and administrative civil servant positions, is a subordinate position in a lower category of positions provided for in the staffing table of a public body;
20) a temporarily vacant civil service position - a civil service position temporarily vacant in connection with the secondment of a civil servant holding this civil service position, his/her being on a social leave or training within a state order, as well as his/her absence from the workplace for more than two months in a row due to illness, if the latter is included in the list of diseases, approved by the state health care authority, for which a longer period of incapacity for work is set;
21) an authorized commission - a commission for considering the admission of citizens of the Republic of Kazakhstan to the administrative civil service, its performance and termination, as well as involvement of foreign employees in state bodies, whose status and composition are approved by the President of the Republic of Kazakhstan;
22) premium – monetary payment in addition to the official salary, set for a corps “B” administrative civil servantaccording to the procedure established by the legislation of the Republic of Kazakhstan;
23) secondment - civil servants’ holding of civil service positions in other state bodies, foreign missions of the Republic of Kazakhstan and other institutions with concurrent security of their previous place of employment (civil service position) according to the procedure established by the legislation of the Republic of Kazakhstan.
Footnote. Article 1 as amended by the Law of the Republic of Kazakhstan dated 06.04.2016 № 484-V (shall be enforced upon expiry of ten calendar days after the day its first official publication); dated 26.11.2019 N 273-VI (shall be enforced upon expiry of ten calendar days after the day of its first official publication); N 357-VI of 03.07.2020 (shall come into force ten calendar days after the date of its first official publication); N 42-VII of 24.05.2021 (shall take effect ten calendar days after the date of its first official publication); dated 03.01.2022 N 101-VII (shall be enforced from 31.12.2023); dated 20.03.2023 N 214-VII (shall be enforced ten calendar days after the date of its first official publication); dated 12.07.2023 N 23-VIII (shall be enforced ten calendar days after the date of its first official publication).