Unofficial translation
Note of RCLI!
The order of enforcement of the Law of the Republic of Kazakhstan, see Article 85.
Footnote. Through the whole text, the words "of cadets and attendees", "cadets (attendees)", "to cadets (attendees)", "of cadets (attendees)", "cadets, attendees", "to cadets attendees", "cadets and attendees" are substituted respectively by the words "of cadets", "cadets", "to cadets", "of cadets", "cadets", "to cadets", "cadets" by the Law of the Republic of Kazakhstan dated 13.11.2015 No. 398-V (shall be enforced upon expiry of ten calendar days after its first official publication).
The words "promotion", "promotion", "promote" replaced by words accordingly "nomination", "nomination", "nominate" by the Law of the Republic of Kazakhstan No. 180-VI dated 12.07.2018 (shall be enforced upon expiry of ten calendar days after its first official publication).
The Law regulates public relations, linked with entering into the law enforcement service of the Republic of Kazakhstan, its serving and termination, as well as determines legal position (status), financial security and social protection of employees of law enforcement bodies of the Republic of Kazakhstan.
The following basic definitions shall be used in the Law:
1) initial vocational training - a form of vocational training for persons entering the service of law enforcement agencies for the first time, aimed at acquiring professional skills;
1-1) post-certification development - the organization of individual professional self-training of a law enforcement officer based on the results of his certification;
1-2) relocation - a change in the official position and functional duties of an employee;
2) transfer – dismissal from the held office in a law enforcement body with simultaneous appointment to office in other law enforcement body without termination of service in the system of the law enforcement bodies;
2-1) head office - a structural unit of the law enforcement agencies, empowered in organizing activities of the subordinated to him the staff or certain employees;
3) report – written report of special form upon approaching of a servant to direct or authorized heads in the process of employment activity;
3-1) competitiveness index - a formalized numerical expression of the professional potential of a candidate for a service and an employee, based on professional competencies, as well as key performance indexes and objective data on professional achievements;
4) qualifying requirements – requirements, filed to citizens, professing on holding the office in a law enforcement body, for the purpose of determination of their professional qualification, competence and conformity to particular office;
4-1) departmental data bank - information base of the law enforcement agencies, containing details on candidates for the service and employees enlisted in the personnel reserve;
4-2) excluded by the Law of the Republic of Kazakhstan dated December 27, 2019 No. 292-VІ (the order of enforcement see Article 2);
4-3) is excluded by the Law of the Republic of Kazakhstan dated December 27, 2019 No. 292-VІ (the order of enforcement see Article 2);
5) personnel reserve - a group of employees formed in accordance with the established procedure, possessing the necessary professional and personal qualities for appointment to head offices;
5-1) personnel forecast - a system of reasoned ideas on directions of development and future state of personnel;
5-2) personnel planning - a process of systematically analyzing personnel needs and providing necessary number of qualified specialists in relevant law enforcement positions;
6) law enforcement service – special type of public service on offices of law enforcement bodies, as well as serving in cases provided by in Article 44 of this Law;
6-1) Presidential reserve of leaders of law enforcement bodies – the list of servants that passed the special procedure for selection, determined by the President of the Republic of Kazakhstan for nomination on vacant superior senior offices of law enforcement bodies;
7) law enforcement body – a state body, securing the observance and protection of rights and freedom of a human and a citizen, legal interests of individuals and legal entities, the state, implementing the state policy on crime prevention and other infractions in accordance with its competence, vested with special authorities on security of legality and maintaining public order, detection, prevention, suppression, investigation of infractions, fulfilling the court decisions on criminal cases;
7-1) a head of a law enforcement body – a chief executive officer of a law enforcement body, under whom the servants and employees of a law enforcement body, authorized heads are subordinate to;
7-2) moral and psychological climate in law enforcement subdivisions - a psychological attitude, characterized by a correct understanding of the tasks facing the law enforcement agencies;
7-3) sociological monitoring of moral and psychological climate in law enforcement units - a systematic study of social processes and phenomena, aimed at obtaining information on the state of moral and psychological climate in law enforcement bodies;
8) being at disposal of a law enforcement body – performing of law enforcement service without holding the full-time office;
9) an employee of law enforcement agencies (hereinafter – employee) – a citizen of the Republic of Kazakhstan from among of employees of law enforcement bodies, to whom the special rank or class rank is awarded either qualification class is established;
10) disciplinary committee of a law enforcement body – permanent collegial body, established in a law enforcement body for consideration of matters of official investigation and research of facts, concerning disciplinary infraction for the purpose of detailed, full and objective establishment of circumstances of its commission and delivery of recommendation on the disciplinary measure to a person, having the right of appointment to office and dismissal from office of a servant, bringing to disciplinary responsibility;
10-1) official investigation – activity on collection and inspection of materials and information on disciplinary infraction of an employee for the purpose of full, detailed and objective explanation of circumstances of its commission;
10-2) office level - a degree of professional qualifications of employees, determined on the basis of the achieved results and affecting the differentiation of remuneration;
11) career growth - promotion of an employee in the service in accordance with the stages of official relocation and professional development;
11-1) other weapon – fire, tubeless, gas spray gun with possibility of firing with bullets of traumatic effect, electric, signal, cold, missile and other kinds of weapon;
11-2) polygraphological research – the examination procedure, consisting in record of several physiological indices of human, arising upon psychophysiological certification by means of special medical detectors;
11-3) psychophysiological certification – the set of procedures, referred to detailed evaluation of individual and psychological as well as psychophysiological features of candidates for law enforcement service and employees;
12) rotation – a planned relocation of employees, holding head offices, carried out in order to optimize use of personal resources in service interests;
12-1) rotation planning - a process focused on determining the stages of a planned career and employee development;
12-2) anti corruption service - operational investigative units of the authorized body for civil service affairs and anti-corruption, carrying out activities aimed at preventing, identifying, suppressing, disclosing and investigating the corruption crimes;
12-3) mentor - an employee assigned to a candidate for service during the internship;
13) disciplinary penalty – measure of disciplinary responsibility, imposed on a servant;
14) disciplinary responsibility – type of legal responsibility, borne by servants for commission of disciplinary offences, as well as administrative infractions in cases, provided by the Laws of the Republic of Kazakhstan;
15) disciplinary infraction – illegal, culpable non-fulfillment or improper fulfillment of obligations, imposed on an employee, abuse of office, violation of official and labour discipline, breach of the Code of honour of public employees of the Republic of Kazakhstan (the Rules of official ethics of public employees) or codes of honour (the rules of official ethics, being in force in law enforcement bodies), and equally non-conformity to established restrictions, linked with staying on law enforcement service;
16) an authorized head – a head of territorial subdivision or specialized subdivision of a law enforcement body equated to it, head of institution, department of a law enforcement body;
17) staffing measures – complex of measures on establishment of staff and structure of a law enforcement body, territorial subdivision or specialized subdivision of a law enforcement body equated to it, institution, department of a law enforcement body (establishment, reorganization liquidation of a law enforcement body, increase and decrease of number or staff of its servants);
18) nomination – holding the superior offices in a system of a law enforcement body;
19) detachment – transfer of a servant for the following serving in other law enforcement bodies of the Republic of Kazakhstan, Armed Forces of the Republic of Kazakhstan, other forces and military units of the Republic of Kazakhstan, as well as in the system of a law enforcement body without suspension of the period of service;
20) extraregimental employment – holding the offices in other state bodies and international organizations with abandonment in personnel of a law enforcement body;
21) Economic Investigation Service - operational and investigative units of financial monitoring authorities carrying out activities aimed at preventing, detecting, suppressing, disclosing and investigating crimes and offenses referred by the Laws of the Republic of Kazakhstan to these authorities, as well as exercising other powers provided by the legislation of the Republic of Kazakhstan.
Footnote. Article 1 as amended by the Laws of the Republic of Kazakhstan dated 09.11.2011 No. 490-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 21.05.2013 No. 93-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 23.04.2014 No 200-V (shall be enforced upon expiry of ten calendar days upon its first official publication); dated 07.11.2014 No. 248-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 29.10.2015 No. 374-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 18.11.2015 No. 411-V (shall be enforced from 01.01.2016); dated 06.04.2016 No. 484-V (shall be enforced upon expiry of ten calendar days after its first official publication); No. 210-VI dated 28.12.2018 (shall be enforced upon expiry of ten calendar days after its first official publication); dated December 27, 2019 No. 292-VІ (the order of enforcement see Article 2).
1. Legal basis of service in law enforcement bodies shall be the Constitution of the Republic of Kazakhstan, Labor Code of the Republic of Kazakhstan and the Law of the Republic of Kazakhstan "On Public Service of the Republic of Kazakhstan" with special aspects, provided by the Law, the Laws of the Republic of Kazakhstan, regulating activity of law enforcement bodies, and other regulatory legal acts of the Republic of Kazakhstan.
2. If international treaty, ratified by the Republic of Kazakhstan establishes the other rules than those, provided in the Law, the rules of international treaty shall be applied.
Footnote. Article 2 as amended by the Law of the Republic of Kazakhstan dated 29.10.2015 No. 374-V (shall be enforced upon expiry of ten calendar days after its first official publication).
Law enforcement bodies shall include the bodies of prosecution, internal affairs, anti corruption and economic investigation services, carrying out their activity in accordance with the legislative acts of the Republic of Kazakhstan.
Footnote. Article 3 is in the wording of the Law of the Republic of Kazakhstan dated 07.11.2014 No. 248-V (shall be enforced upon expiry of ten calendar days after its first official publication); as amended by the Law of the Republic of Kazakhstan dated 29.10.2015 No. 374-V (shall be enforced upon expiry of ten calendar days after its first official publication).
1. Service in law enforcement bodies shall be carried out in accordance with the principles of public service in the Republic of Kazakhstan and special principles of law enforcement service.
2. Special principles of law enforcement service shall be:
1) obligation of protection of rights and freedom of a human and a citizen, public and state interests from criminal and other illegal intrusions;
2) co-operation with civil society institutions;
3) approach of organizing the law enforcement service in law enforcement bodies;
4) individual responsibility and subordination (dependence);
5) independence from activity of political parties and other public association.
The force of the Law shall be applied to all servants, with the exception of military servants of law enforcement bodies, doing military service in accordance with the legislation of the Republic of Kazakhstan on military service.
The force of the Law shall be applied to political public servants in the part, not contradicting the legislation of the Republic of Kazakhstan on public service.
Human Resources within its competence:
1) analyzes and plans recruitment needs for law enforcement;
2) coordinates the structural subdivisions activities of the law enforcement agencies on execution of the legislation of the Republic of Kazakhstan on law enforcement service;
3) enforces the procedures for attestation and competitive selection, promotion, bringing employees to disciplinary responsibility, dismissal of employees;
4) organizes a preliminary study and selection of candidates for law enforcement service, the selection of personnel, formalizes documents related to the passing by law enforcement employees;
5) enforces the restrictions associated with being in law enforcement service;
6) organizes internships, mentoring, assessment of activity, training, retraining (requalification) and advanced training of employees, develops a procedure for applying incentives;
7) records the personal data of employees, information on the results of assessment, certification and training;
8) organizes activities to ensure a favorable moral and psychological climate in law enforcement units;
9) assesses results of staffing and performance quality of personnel policy entities in accordance with methodology approved by a head of the law enforcement agencies;
10) holds organizational and staff events;
11) exercises other powers established by the legislation of the Republic of Kazakhstan.
Footnote. Chapter 1 is supplemented by Article 5-1 in accordance with the Law of the Republic of Kazakhstan 29.10.2015 No. 374-V (shall be enforced upon expiry of ten calendar days after its first official publication).
1. Citizens of the Republic of Kazakhstan, attained the age of eighteen years, able to fulfill the obligations, imposed on them due to their personal, moral, business, professional qualities, health condition and physical development, educational level shall be accepted to service in law enforcement bodies on the voluntary basis.
2. The following persons may not be accepted to law enforcement service:
1) recognized incapable or partially capable in the manner, established by the Law;
2) having disease, preventing fulfillment of official powers in accordance with conclusion of military physician board;
2-1) not passed medical or psychophysiological examination, including polygraph examination;
3) refused to accept restrictions, related to staying of an employee in law enforcement service, and anti corruption restrictions established by the Law of the Republic of Kazakhstan "On combating corruption";
4) is excluded by the Law of the Republic of Kazakhstan dated 18.11.2015 No. 411-V (shall be enforced from01.01.2016);
5) on which, the administrative sanction for intended infraction was imposed in a judicial proceeding within one year before entering into law enforcement service;
6) on which, the administrative sanction for commission of corruptive infraction was imposed in a judicial proceeding within three years before entering into law enforcement service;
6-1) in respect of whom a court conviction was issued within three years before entering the service for commission of a criminal offense or which was released from criminal responsibility for criminal offense within three years before entering the service on the basis of paragraphs 3), 4), 9), 10) and 12) of part one of Article 35 or of Article 36 of the Criminal Procedure Code of the Republic of Kazakhstan;
7) committed corruption criminal act;
8) dismissal from work for commission of corruptive infraction;
9) previously convicted or released from criminal responsibility for committing a crime on the basis of paragraphs 3), 4), 9), 10) and 12) of part one of Article 35 or Article 36 of the Criminal Procedure Code of the Republic of Kazakhstan, as well as dismissed upon negative motives from public service, from other law enforcement bodies, courts and judicial bodies.
3. Non-presentation or disfiguration of information, mentioned in paragraph 2 of the Article shall be the basis for refusal of entering into law enforcement service.
4. Entering into service in law enforcement bodies shall be carried out on condition of passing the compulsory special inspection by citizens.
5. Citizens recruited to the service of law enforcement agencies without fail to determine suitability for service undergo medical and psychophysiological examinations and polygraph examinations in the appropriate division of the law enforcement agency in military medical commissions.
5-1. The procedure for passing the polygraphological research shall be determined by the Government of the Republic of Kazakhstan.
Note of RCLI!
It shall be provided to exclude Paragraph 6 by the Law of the Republic of Kazakhstan No. 412-V dated 18.11.2015 (shall be enforced from 01.01.2021).
6. A citizen and his (her) wife (husband) shall be obliged to present the income and property declaration at the place of residence upon entering into law enforcement service to state revenue bodies in accordance with the Law of the Republic of Kazakhstan “On combating corruption ".
Footnote. Article 6 as amended by the Law of the Republic of Kazakhstan dated 21.05.2013 No. 93-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 07.11.2014 No. 248-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 04.07.2014 No. 233-V (shall be enforced from 01.01.2015); dated 29.12.2014 No. 269-V (shall be enforced from 01.01.2015); dated 18.11.2015 No. 411-V (shall be enforced from 01.01.2016); dated December 27, 2019 No. 292-VІ (the order of enforcement see Article 2).
1. Selection of candidates, accepted on service (study) in law enforcement bodies, their preliminary investigation shall be carried out by personnel services in the manner determined by the regulatory legal acts of law enforcement bodies.
The list of offices, for satisfying the recruitment needs in regard with personnel planning shall be determined by a head of law enforcement agencies.
Citizens entering service into law enforcement bodies for the first time, with the exception of those entering the educational institutions of law enforcement bodies, shall be tested, including the assessment of personal qualities in the authorized body for civil service affairs.
2. Admission to the service of law enforcement agencies is carried out on a competitive basis, with the exception of persons who have undergone initial vocational training, taking into account the indicator of the candidate's competitiveness and the degree of his compliance with professional competencies. Candidates for service, with the exception of those who were previously law enforcement officers, are required to complete an internship.
The procedure and methods for determining professional competencies, key indicators and calculating the competitiveness indicator are approved by the head of the law enforcement agency.
The list of positions to be filled on a competitive basis, the conditions and procedure for holding the competition and internship are determined by the head of the law enforcement agency in agreement with the authorized body for civil service affairs.
When holding a competition in the central offices, departments, territorial divisions of law enforcement agencies, announcements are published on the Internet resources of law enforcement agencies, as well as the authorized body for civil service affairs.
Officials who have recruited citizens who have not passed competitive selection or initial professional training are brought to disciplinary responsibility in the manner prescribed by the law of the Republic of Kazakhstan.
2-1. Entry into the service of law enforcement agencies for the positions of privates, junior and middle commanding personnel is carried out through initial professional training in educational organizations of law enforcement agencies.
The selection procedure for initial vocational training and the conditions for its passage for persons entering the service of the prosecutor's office, the anti-corruption service and the economic investigation service, as well as the grounds for their deduction from initial vocational training, are determined by a joint regulatory legal act of the heads of law enforcement agencies.
The procedure for selection for initial vocational training and the conditions for its passage for persons entering the internal affairs bodies, as well as the grounds for their deduction from initial vocational training, are determined by the regulatory legal act of the head of the internal affairs bodies.
3. Persons, finished study in educational organizations of law enforcement bodies, persons, previously being servants and military servants, deputies of the Parliament, politic public servants, judges, terminating their powers, with the exception of persons, dismissed or terminated their powers on negative motives, and conforming to specified qualifying requirements shall have the right of entering into law enforcement service out of competitive selection. The procedure and conditions of their holding of offices shall be determined by the regulatory legal acts of law enforcement bodies.
4. Holding of vacant office by an employee within the period of law enforcement service in case of his (her) conformity to specified qualifying requirements to the relevant vacant office may be carried on non-competitive basis in the manner of transferring with his (her) agreement or on competitive basis.
5. Human Resources of the law enforcement agencies maintains a departmental data bank of candidates into service with reflection of their competitiveness index.
6. The order of formation and work with the departmental data bank shall be determined by a head of the law enforcement agencies.
Footnote. Article 7 as amended by the Law of the Republic of Kazakhstan dated 21.05.2013 No. 93-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 29.10.2015 No. 374-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 23.11.2015 No. 417-V (shall be enforced upon expiry of ten calendar days after its first official publication); No. 180-VI dated 12.07.2018 (shall be enforced upon expiry of ten calendar days after its first official publication); dated December 27, 2019 No. 292-VІ (the order of enforcement see Article 2).
1. Entering into law enforcement bodies shall be carried out by appointment to office, as well as by conclusion of the agreement for persons, admitted to full-time course of study in educational organizations of law enforcement bodies.
The recruitment of persons who have completed initial vocational training in educational institutions of law enforcement agencies is carried out by enrollment in the personnel of law enforcement agencies. Appointment to a position is made within a month from the date of enrollment in the personnel of a law enforcement agency.
2. Entering into service in law enforcement bodies shall be executed by orders of heads of law enforcement body or authorized heads. The order shall be announced to private and commanding personnel against signature.
3. Persons of private and commanding personnel shall accept restrictions, established by the Law, other Laws of the Republic of Kazakhstan related to staying of an employee in law enforcement service, and anti corruption restrictions established by the Law of the Republic of Kazakhstan "On combating corruption".
4. Persons liable for military service, appointed to office of private and commanding personnel or admitted to the personnel of law enforcement bodies including cadets of educational organizations of law enforcement bodies shall be removed in established order from the military registration and shall be registered specially in law enforcement bodies.
Footnote. Article 8 as amended by the Law of the Republic of Kazakhstan dated 21.05.2013 No. 93-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 13.11.2015 No. 398-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 18.11.2015 No. 411-V (shall be enforced from 01.01.2016); dated December 27, 2019 No. 292-VІ (the order of enforcement see Article 2).
1. Persons, having the secondary-level education, attained the age of sixteen years may be admitted in educational organizations of law enforcement bodies.
The procedure for admission in educational organizations of law enforcement agencies shall be determined by a head of law enforcement agencies.
Persons having the higher education may be admitted in educational organizations of law enforcement bodies for studying on professional training modules, providing the decreased term of study.
2. Persons, admitting to study in educational organization of law enforcement bodies of the Republic of Kazakhstan, as well as persons, admitting to educational organizations, implementing professional training modules of higher education of law enforcement bodies of foreign states on referral of law enforcement bodies with the pay for studying at the expense of budgetary funds shall conclude the contract for the term of studying in educational organization and simultaneously on serving in law enforcement bodies of the Republic of Kazakhstan for five years in in chronological order after completion of studying in educational organization on the offices of secondary and senior commanding personnel.
3. Mutual obligations and responsibility of parties (persons, admitting to study, and a civil servant of law enforcement body) shall be established in the contract and terms and conditions of the following service in law enforcement bodies after completion of educational organization shall be provided. The contract shall be concluded after decision of admission board on admission of law enforcement body in educational organization. The form of the contract, procedure for its conclusion, extension, modification, dissolution and termination shall be determined by the regulatory legal acts of law enforcement bodies.
4. In case of conclusion of the contract with persons, not attained the age of eighteen years, the agreement of their parents, adoptive parents or guardian shall be required.
5. Servants, finished full-time course of study in educational organizations of law enforcement bodies, implementing the professional training module of higher education shall be obliged to serve in law enforcement bodies no less than five years, implementing the educational training module of general secondary-level and vocational education – no less than three years.
6. In case of refuse of a servant from the following serving in law enforcement body after his (her) graduation of educational organization of law enforcement body or early dissolution of the contract, he (she) shall be obliged to reimburse budgetary funds to the state, expensed for payment of scholarship, food, clothing allowance in the period of his (her) study. The sum, subject to retention, shall be calculated proportionally for each month that is not served in full before expiration of the contract term.
This duty shall not apply to an employee in case of his dismissal due to health reasons on the basis of the conclusion of military physician board on unsuitability or limited suitability to service or due to staff reductions or reorganization or liquidation of the law enforcement agencies in cases of impossibility to be in another office, and also his transfer to another law enforcement agencies or a special state body.
7. For those, finished the full course on full-time course of study in educational organizations of law enforcement body, implementing the professional training modules of technical and professional, post-secondary and higher education, the term of education shall be equated to active military service. Graduates of educational organizations of law enforcement bodies of the Republic of Kazakhstan, educational organizations of law enforcement bodies of other states shall be assigned for serving according to distribution.
8. Cadets of full-time departments in educational organizations of law enforcement bodies, as well as studied in the assignment of law enforcement bodies in educational organizations of foreign countries, attained the military age and dismissed due to academic failure, undiscipline, as well as at their own wish shall be assigned to bodies of military leaders at the place of residence for registration. They shall reimburse the budgetary funds to the state, expensed for payment of scholarship, food, clothing allowance within in period of their study and expenses for travel to the place of study and backwards in the period of holidays. The sum, subject to retention shall be calculated proportionally for each full month of staying in educational organization.
9. Reimbursement of budgetary funds in favor of the state shall be carried out in the manner, established by the legislation of the Republic of Kazakhstan.
10. Cadets, assigned by educational organizations of law enforcement bodies of the Republic of Kazakhstan, implementing the professional training programs of higher education, shall be appointed on vacant office for the period of interning in law enforcement bodies for pre-degree interning.
11. Servants, accepted to magistracy and doctorate directly after graduation of higher educational establishments of law enforcement bodies of the Republic of Kazakhstan shall be paid by official salary in amount of seventy percent salary of academician of the relevant subdepartment, as well as supplemental payment for the special rank or class rank.
The official salary in amount of seventy percent from the official salary according to the last (not temporary performed) full-time office, held before student assignment shall be established for the term of study to servants, accepted in magistracy and doctorate of law enforcement bodies of the Republic of Kazakhstan.
12. Cadets of educational organizations of law enforcement bodies of the Republic of Kazakhstan shall be paid by the cost of travel on inter-city automobile (except for taxi), railway and water transport to the place of permanent residence and backwards in the period of holidays.
13. Servants may obtain higher professional education in educational organizations of law enforcement bodies in the manner, established by the legislation of the Republic of Kazakhstan.
Footnote. Article 9 as amended by the Law of the Republic of Kazakhstan dated 21.05.2013 No. 93-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 23.04.2014 No 200-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 29.10.2015 No. 374-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 13.11.2015 No. 398-V (shall be enforced upon expiry of ten calendar days after its first official publication).
1. Citizens at the age of no more than thirty five years shall be accepted into service in law enforcement bodies, that have the relevant education and passed military service or military training in specialized organizations of the Ministry of Defence on preparation of reserve training, as well as citizens, released or having the occupational deferment from active military service in accordance with the legislation of the Republic of Kazakhstan.
A person, the age of whom is more than thirty five years, having the high professional qualification or considerable work experience on certain specialties may be accepted on law enforcement service to the office of secondary and senior commanding personnel in accordance with the Law by decision of a head of law enforcement body.
2. Citizens shall be accepted or servants, having the education no less than secondary-level education may be appointed to the offices of private and associate commanding personnel, depending on qualifying requirements to the categories of offices of law enforcement body.
Citizens or servants having the technical and professional, post-secondary, higher education shall be accepted to offices of secondary commanding personnel, depending on qualifying requirements to the categories of offices of law enforcement body.
3. Citizens of military age, subject to call to active military service may be accepted to offices of secondary and senior commanding personnel only in existence of higher education.
4. Citizens shall be accepted or servants, having the higher education may be appointed to the offices of senior and superior commanding personnel.
Footnote. Article 10 as amended by the Laws of the Republic of Kazakhstan dated 16.02.2012 No. 562-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 21.05.2013 No. 93-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 03.07.2017 No. 84-VI (shall be enforced upon expiry of ten calendar days after its first official publication).
1. Persons entering law enforcement agencies for the first time as privates, junior and middle commanding personnel undergo initial professional training in law enforcement educational organizations.
2. Initial vocational training is carried out according to curricula depending on the areas of activity of the law enforcement agency.
The need for personnel for initial training is determined by the law enforcement agency based on a personnel forecast.
3. A contract is concluded with persons who entered the initial vocational training in the educational organization of law enforcement agencies.
The contract establishes the mutual obligations and responsibilities of the person entering the initial vocational training, the law enforcement agency and the educational organization of the law enforcement agency, as well as the conditions and terms of further service in the law enforcement agencies after the end of the initial vocational training. The contract is concluded after the decision of the selection committee to enroll in the education organization of the law enforcement agency.
4. Persons undergoing initial vocational training shall be provided with food and accommodation at the expense of budget funds.
Persons entering the service of the prosecutor's office, the anti-corruption service and the economic investigation service are paid a scholarship for the period of initial vocational training, the amount of which is determined by the Government of the Republic of Kazakhstan.
5. Persons who have completed initial vocational training are enrolled in the personnel of the law enforcement agency, in the direction of which the training was completed.
When a person who has completed initial vocational training is appointed to a position in a law enforcement agency, the period for completing initial vocational training is counted in the length of service of the law enforcement service (seniority).
6. Persons who have completed initial vocational training are required to serve in law enforcement agencies for at least three years.
7. In case of refusal of a person who completed initial vocational training, from further service in a law enforcement agency or expulsion from the educational organization of law enforcement agencies due to academic failure and (or) violation of discipline, as well as voluntarily, he is obliged to reimburse the state budgetary funds spent for preparation, payment of scholarships, food and accommodation during the period of its preparation, in accordance with the legislation of the Republic of Kazakhstan.
This obligation does not apply to an employee in the event of his dismissal from service within three years for health reasons on the basis of the conclusion of the military-medical commission on the unsuitability or limited fitness for service, or in connection with the staff reduction, reorganization or liquidation of the law enforcement agency in cases of impossibility of using another position, as well as his transfer to another law enforcement body or a special state body.
8. Initial vocational training does not pass:
persons entering the service of law enforcement agencies and appointed to the positions of senior and higher commanding personnel;
persons specified in paragraph 3 of Article 7 of this Law;
persons who previously served in special state bodies.
9. Individuals undergoing initial vocational training are subject to subparagraphs 1), 5), 8), 11), 12), 13), 14) and 15) of paragraph 1 of Article 16, subparagraphs 5), 6), 7) and 8) paragraph 1 and paragraph 3 of Article 17 of this Law.
Footnote. Article 11 as amended by the Law of the Republic of Kazakhstan dated December 27, 2019 No. 292-VІ (the order of enforcement see Article 2).
1. For persons entering the law enforcement service for the first time, a probationary period of up to three months is established with the appointment to the corresponding position.
If the result of the probationary period is unsatisfactory, the probationary period is extended by three months without repeated subsequent extension by the decision of the head of the law enforcement agency or an authorized head who has the right to appoint to the relevant positions.
2. Probation period shall be established for the purpose of inspection of conformance to substituted office of law enforcement service. Special rank or class rank shall not be awarded, qualification class shall not be established during probation period.
3. Condition on serving the probation period shall be provided in the order of a head of law enforcement body or authorized head on appointment to office of law enforcement service.
4. If probation period is expired, and a servant carries on service in law enforcement bodies, he (she) shall be considered as standing the probation and probation period shall be counted to the length of employment of service in law enforcement bodies. The following dismissal shall be allowed only on the grounds, provided by the Law.
5. The provisions of the Law and other regulatory legal acts of the Republic of Kazakhstan, regulating the service in law enforcement bodies shall apply to a servant during the probation period. A servant shall fulfill the employment duties, assigned on him (her), exercise the rights, provided to him (her) in full measure, with the exception of the right to bear and possess firearms, special ammunition during probation period.
6. The periods of absence of a servant on service on reasonable excuses shall not be counted to probation period.
7. A trial period is not established for:
1) persons entering the service of law enforcement agencies and appointed to leading positions of senior and higher commanding personnel;
2) graduates of educational institutions of law enforcement agencies;
3) persons who have undergone initial professional training in educational institutions of law enforcement agencies;
4) persons who previously served in law enforcement, special government agencies;
5) judges who have terminated their powers, with the exception of those dismissed or terminated their powers for negative reasons.
Footnote. Article 12 as amended by the Law of the Republic of Kazakhstan dated 21.05.2013 No. 93-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 07.11.2014 No. 248-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 29.10.2015 No. 374-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 11.07.2017 No. 91-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated December 27, 2019 No. 292-VІ (the order of enforcement see Article 2).
1. Oath shall be taken by:
1) persons, entering into service in law enforcement bodies for the first time that are awarded by special rank or class rank, established qualification class;
2) cadets of educational organizations, not taking the Oath previously, - not later than two months after admission to study;
3) servants, not taking the Oath previously by some reasons.
2. Oath shall be taken in law enforcement body in ceremonial atmosphere under the direction of a head of law enforcement body or authorized head.
3. Timeliness of employees’ administration of Oath, organization and accounting of taking the Oath by employees shall be assigned on heads of Human Resources of law enforcement bodies.
Footnote. Article 13 as amended by the Law of the Republic of Kazakhstan dated 21.05.2013 No. 93-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 07.11.2014 No. 248-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 29.10.2015 No. 374-V (shall be enforced upon expiry of ten calendar days after its first official publication).
1. Servants shall be representatives of the state power and shall be under state protection.
2. Requirements of servants, provided by the legislative acts of the Republic of Kazakhstan (hereinafter – legal requirements) shall be subject to compulsory fulfillment by all the citizens and civil servants.
3. Non-fulfillment of legal requirements of servants, insult, resistance, threat of violence or infringement on life, health, honour and dignity, property, other actions, preventing the fulfillment of obligations, assigned on them, as well as infringement on life, health, honour, dignity and property of their family members, close relatives due to fulfillment of employment duties and call of duty by servants shall entail responsibility, established by the Laws.
4. Servants shall be subordinated only to head of law enforcement body and immediate and authorized heads, with the exception of cases, provided by the Laws of the Republic of Kazakhstan upon fulfillment of obligations, assigned on them.
5. No one shall have the right to interfere in activity of servants, except the persons, empowered expressly by the Law. Illegal interference in activity of servants shall entail the responsibility, established by the Laws.
6. A servant shall be obliged to be governed by the Law and be under its protection upon receiving of the order or instruction, contradicting the Law.
7. Servants shall have the right to appeal of decisions and actions, adopted in respect of them to superior civil servants and (or) in court.
8. Servants shall not be liable for the harm, incurred due to use of the firearms, special ammunition and physical force, if their actions are carried out in accordance with the Law and other legislative acts of the Republic of Kazakhstan.
Footnote. Article 14, as amended by the Law of the Republic of Kazakhstan, dated 23.04.2014 No 200-V (shall be enforced upon expiry of ten calendar days after its first official publication).
1. Servants shall have the right to:
1) receive information and materials, required for fulfillment of employment duties in established manner;
2) familiarization with provision, other documents, determining their rights and employment duties, and conditions of nomination;
3) access to public bodies, organizations due to fulfillment of employment duties independently from their legal organizational formin established manner;
4) access to information that is state secrets and other secrecy, protected by the Law in established manner, if fulfillment of employment duties is linked with use of the information;
5) arrangement of conditions by law enforcement bodies, required for fulfillment of employment duties and professional development;
6) promotion at service in recognition of results of employment activity, public service period and level of experience;
7) familiarization with feedbacks on their professional employment activity and other documents before their introduction into personnel record, as well as on entering of their written statement of explanations and other documents and materials upon personnel record;
8) professional retraining, raising of qualification and period of probation in the manner, established by the Law and other regulatory legal acts of the Republic of Kazakhstan;
9) state protection of their life, health and property, life, health and property of their family members in accordance with the legislation of the Republic of Kazakhstan;
10) protection of their personal information;
11) refer to superior civil servants in the manner of subordination, to superior bodies or to the court for protection of their rights and legal interests, as well as for resolution of individual disputes, linked with law enforcement service;
12) medical and sanatorium-resort service;
13) pension benefits in accordance with the legislation of the Republic of Kazakhstan;
14) housing and social security;
15) applicable organization and technical and sanitary conditions of service in recognition of special aspects of law enforcement service;
16) rest in accordance with the Law and labor legislation of the Republic of Kazakhstan;
17) carrying out of teaching, research or other creative activities;
18) use of relevant temporary holding facility, pretrial detention facility in the manner provided by the legislation of the Republic of Kazakhstan;
19) convoying of detainees and misdemeanant prisoner.
2. Employees shall be provided by the right of bearing, keeping and using the firearms and other arms, special ammunition, with the exception of employees performing the functions of preventing and eliminating of natural and man-made emergencies, response emergency medical and psychological assistance to the population, employees of bodies of the State fire-fighting service. Also they shall have the right to use physical force, including the combat fighting techniques. The procedure for use of firearms and other arms, special ammunition and physical force shall be determined by this Law.
3. Servants shall be provided by other rights, regulating the activity of law enforcement bodies in accordance with objectives, assigned on them within their competence, provided by the Laws of the Republic of Kazakhstan.
4. The procedure for convoying of detainees and misdemeanant prisoner shall be approved by a head of the law enforcement agencies.
Footnote. Article 15, as amended by the Laws of the Republic of Kazakhstan, dated 11.04.2014 № 189-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 23.04.2014 № 200-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 29.10.2015 No. 374-V (shall be enforced upon expiry of ten calendar days after its first official publication).
1. Servants shall be obliged to:
1) comply with the Constitution of the Republic of Kazakhstan and legislation of the Republic of Kazakhstan;
2) ensure compliance and protection of rights and freedom of a human and a citizen, as well as legal interests of individuals and legal entities, the state;
3) consider applications of individuals and legal entities, use reasonable efforts in the manner and terms, established by the Law;
4) exercise powers within the rights, provided to them and in accordance with employment duties;
5) comply with official and labor discipline;
6) accept restrictions, related to an employee staying in law enforcement service, and anti-corruption restrictions established by the Law of the Republic of Kazakhstan "On combating corruption";
7) comply with the requirements of the Ethical Code of Civil Service approved by the President of the Republic of Kazakhstan;
8) carry out regular warrants and regulations of heads, decisions and instructions of superior bodies and civil servants, issued within their powers;
9) keep the state secrets and other secrecy, protected by the Law, as well as after termination of law enforcement service within the term, established by the Law, on which the personal recognizance shall be given;
10) keep information, concerning private life, honour and dignity of citizens in secret, received upon fulfillment of employment duties and not to require the provision of such information from them, with the exception of cases, provided by the Law;
11) ensure the safe custody of state property;
12) report in written form and inform immediate and authorized head immediately in cases, when private interests of a servant intercrosses or conflicts with their powers;
13) raise their professional level and improve qualification;
14) not to admit public appearances, damaging the interests of public service;
15) inform immediate head on filing of application on withdrawal from citizenship of the Republic of Kazakhstan on the date of its filing;
Note of RCLI!
It shall be provided to exclude Subparagraph 16) by the Law of the Republic of Kazakhstan No. 412-V dated 18.11.2015 (shall be enforced from 01.01.2021).
16) an employee in the period of exercise of his (her) powers on the annual basis, as well as persons, dismissed from law enforcement service on negative motives within three years and their spouses shall present income and property declaration to the state revenue body at the place of residence in the manner, established by the tax legislation of the Republic of Kazakhstan.
2. Other obligations, provided by the Laws of the Republic of Kazakhstan, regulating the activity of law enforcement bodies and other legislation of the Republic of Kazakhstan shall be established for servants in accordance with objectives set to them within their competence.
3. Upon violation of rights and freedom of a human and a citizen, as well as legal interests of individuals and legal entities by the employees, law enforcement bodies shall be obliged to restore these rights, reimburse incurred damage, ensure that guilty person are brought to responsibility in accordance with the Laws of the Republic of Kazakhstan.
Footnote. Article 16 as amended by the Law of the Republic of Kazakhstan dated 29.12.2014 No. 269-V (shall be enforced 01.01.2015); dated 29.10.2015 No. 374-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 18.11.2015 No. 411-V (shall be enforced from 01.01.2016).
1. A servant shall not have the right to:
1) be a deputy of representative bodies and member of local self-government bodies, be composed of parties, labor unions, speak in favour of any political party, establish public association in the system of law enforcement bodies, pursuing the aims, based on similarity of their professional interests for presentation and protection of labor, as well as other social and economic rights and interests of their members and improvement of working conditions;
2) engage in other paid activity, except educational, scientific and other creative activity;
3) engage in entrepreneurial activity, as well as participate in management of commercial organization independently from its legal organizational form;
4) be a representative on affairs of third parties, with the exception of cases, provided by the Laws;
5) use material and technical, financial and information facilities for the non-service purposes of his (her) employment activity, other state property and official information;
6) participate in actions, preventing normal functioning of state bodies and fulfillment of employment duties, including strikes;
7) employ services of individuals and legal entities due to fulfillment of employment powers;
8) use his (her) official position with a mercenary motive, as well as by conspiracy with civil servants and other persons;
9) hold the office, being in direct subordination of the office, held by his (her) close relatives (parents, children, adopters, adopted children, brothers and sisters of full and half blood, grandfathers, grandmothers, grandsons) or husband (wife).
2. A servant shall be obliged to place the shares (partnership shares in charter capital) of commercial organizations being into his (her) ownership into trust and other property, the use of which entails acquisition of incomes, with the exception of money, debenture bonds, units of opened and interval mutual investment funds, belonging to him (her) judicially, as well as other property, transferred into property lease in the manner, established by the legislation of the Republic of Kazakhstan, within one month after assumption of office for the period of law enforcement service. The trust management agreement of property shall be subject to notarial certification.
An servant shall have the right to receive income from the property, placed in trust, as well as in the form of remuneration, cash dividends, winnings, incomes from the lease and other legitimate sources.
3. Responsibility for non-compliance with restrictions, provided by the Article shall be established by the Law, other Laws of the Republic of Kazakhstan.
Special aspects of creation and change of legal relations on law enforcement service and its continuation in the period of military situation shall be determined by the President of the Republic of Kazakhstan.
1. Servants shall bear criminal, administrative, civil, disciplinary responsibility for non-fulfillment or improper fulfillment of their employment duties in accordance with the Laws of the Republic of Kazakhstan.
2. Fulfillment of designedly illegal order or instruction shall not release a servant from responsibility.
In case of doubts in legality of received regulation for fulfillment, he (she) shall immediately inform about this, his (her) immediate head and head, given the regulation in written form.
In case, if superior head confirms this regulation in written, an servant shall be obliged to fulfill it, if fulfillment doesn’t entail actions referring to criminally punishable acts.
Responsibility for consequences of fulfilling illegal regulation by a servant shall be borne by the head, confirming this regulation in written.
3. Actions (omission) of servants may be appealed in the manner, established by the legislation of the Republic of Kazakhstan.
4. In case of material damage to law enforcement body, incurred by illegal actions of a servant, the latter shall bear material responsibility in accordance with the Laws of the Republic of Kazakhstan.
1. Employees shall be issued by service certificates and badges in confirmation of their identity and powers.
Badges shall not be issued to employees of prosecution bodies, operational investigative divisions of anti-corruption service and employees of economic investigation service.
Description of service certificates and samples of badges, as well as its issuance procedure shall be confirmed by a head of law enforcement agencies.
2. Service certificate shall be the document, confirming affiliation of a person to law enforcement body, his (her) office in law enforcement service and special rank or class rank.
The employee's service certificate confirms his right to carry and store firearms and other weapons, special equipment, with the exception of an employee performing the functions of preventing and eliminating natural and man-made emergencies, providing emergency medical and psychological assistance to the population, an employee of the state fire service, etc. powers granted to an employee in accordance with the legislation of the Republic of Kazakhstan.
Footnote. Article 20 as amended by the Law of the Republic of Kazakhstan dated 07.11.2014 No. 248-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 29.10.2015 No. 374-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 03.07.2017 No. 84-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated December 27, 2019 No. 292-VІ (the order of enforcement see Article 2).
1. Official uniform and rank badges on special ranks, class ranks or qualification class of employees shall be established for the purposes of reflection of affiliation of an employee to law enforcement service, depending on law enforcement agencies, in which an employee serves.
2. Employees awarded by special ranks, class ranks or established qualification classes shall be provided gratuitously by official uniform.
3. Description, rank badges, procedure for wearing and regulation of ensuring the official uniform shall be determined by the legislation of the Republic of Kazakhstan.
Footnote. Article 21 as amended by the Law of the Republic of Kazakhstan dated 07.11.2014 No. 248-V (shall be enforced upon expiry of ten calendar days after its first official publication).
Footnote. Title of Chapter 4 is in the wording of the Law of the Republic of Kazakhstan dated 07.11.2014 No. 248-V (shall be enforced upon expiry of ten calendar days after its first official publication).
1. Servants shall be awarded by the following special ranks or class ranks:
1) private personnel:
private;
2) associate commanding personnel:
junior sergeant;
sergeant;
senior sergeant;
color sergeant;
3) secondary commanding personnel:
junior lieutenant;
lieutenant, law officer of the 3 class;
senior lieutenant, law officer of the 2 class;
captain, law officer of the 1 class;
4) senior commanding personnel:
major, junior council;
half colonel, council;
colonel, senior council;
5) superior commanding personnel:
major general, state council of the 3 class;
lieutenant general, state council of the 2 class;
colonel-general, state council of the 1 class;
state council of upper class.
2. Special ranks or class ranks shall be awarded to servants onindividual basis in consecutive order in recognition of qualification, education, service attitude, years of service and held full-time office.
3. The following words shall be added to the special ranks or class ranks of servants, specifying on their affiliation:
1) prosecution bodies – “of justice”;
2) internal affairs bodies – “of police”, “of civil defence";
3) is excluded by the Law of the Republic of Kazakhstan dated 07.11.2014 No. 248-V (shall be enforced upon expiry of ten calendar days after its first official publication);
4) is excluded by the Law dated 18.01.2012 No. 547-IV (shall be enforced upon expiry of ten calendar days after its first official publication);
5) is excluded by the Law of the Republic of Kazakhstan dated 29.10.2015 No. 374-V (shall be enforced upon expiry of ten calendar days after its first official publication);
6) is excluded by the Law of the Republic of Kazakhstan dated 07.11.2014 No. 248-V (shall be enforced upon expiry of ten calendar days after its first official publication);
7) state courier service – "courier service".
4. The words – “retired” shall be added to the special ranks or class ranks of servants, dismissed upon attainment of age of retirement on service or having years of service that gives the right to pension.
5. Citizens, enlisted in cadets of full-time course of study of educational organizations of law enforcement bodies in accordance with the legislation of the Republic of Kazakhstan shall be awarded by special ranks.
6. A citizen, being in reserve of the Armed Forces of the Republic of Kazakhstan shall be awarded by the special rank or class rank that is not lower than the military rank that he holds after his (her) appointment to office of commanding personnel in law enforcement bodies.
7. Persons, served previously in law enforcement bodies, upon newly entering into service (admission to study), persons, accepted in the manner of detachment from other law enforcement agencies, as well as persons, served in special state bodies, military employees shall be appointed to offices (admitted to study) with special or military rank, class ranks, qualification classes that they have, awarded or established to them at the previous place of service, with the following equation to the special rank or class rank, awarded or established at the new place of service (study).
A person appointed to a law enforcement agency has a special, military rank or class rank or the qualification class of the highest commanding or higher officer corps is recognized as corresponding to an equivalent special, military rank or class rank, or a qualification class indicating belonging to the agency in which he is serving, taking into account the provisions of subparagraph 5) of paragraph 1, paragraph 3 of this article and paragraph 5 of Article 22-1 of this Law.
The term of staying in the former special or military rank, class rank and qualification class shall be counted to the age in grade for promoting to the next special rank, class rank or establishing the qualification class.
8. The list of offices, holding of which gives the right to award special ranks and class ranks, as well as establishing qualification classes to civil employees, performing directly primary objectives and functions, assigned on law enforcement bodies in accordance with the legislation of the Republic of Kazakhstan shall be approved by the President of the Republic of Kazakhstan or Government of the Republic of Kazakhstan, in accordance with their powers.
9. Persons, previously assigned by military or special ranks “senior warrant officer of internal service”, “senior warrant officer of firefighting service”, “warrant officer of internal service”, “warrant officer of firefighting service”, “senior warrant officer of justice”, “warrant officer of justice”, shall have the right to continue service on these ranks upon termination of service by them, on grounds, specified by this Law.
Footnote. Article 22 as amended by the Laws of the Republic of Kazakhstan dated 18.01.2012 No. 547-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 21.05.2013 No. 93-V (shall be enforced upon expiry of ten calendar days after its first official publication), dated 23.04.2014 No 200-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 07.11.2014 No. 248-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 29.10.2015 No. 374-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 03.07.2017 No. 84-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated November 26, 2019 No. 273-VI (shall be enforced upon expiry of ten calendar days after the day of its first official publication).
1. For employees of the anti-corruption service and economic investigation service, the following qualification classes and period of stay in them shall be established:
1) secondary commanding personnel:
qualification class of the 6 category - one year;
qualification class of the 5 category – three years;
qualification class of the 4 category - four years;
2) senior commanding personnel:
qualification class of the 3 category – five years;
qualification class of the 2 category – seven years;
qualification class of the 1 category – period of stay shall not be established.
qualification classes, depending on sequence of establishment shall be divided into first and next.
The first qualification class shall be qualification class of the 6 category.
The next qualification classes shall be established in a sequential order after termination period of stay in previous qualification classes.
1-1. Employees of the anti-corruption service and economic investigation service attached to state bodies and international organizations shall be assigned the next qualification classes in a sequential order, taking into account education and years of service after termination of established service period in the qualification class.
2. When transferring from one law enforcement agencies to another, as well as having served previously in law enforcement bodies and special state bodies, military employees that have a rank or qualification class, special or military rank, equalization of qualification classes or class ranks, special or military ranks shall be carried out as follows:
1) secondary commanding personnel:
qualification class of the 6 category – lieutenant, law officer of the 3 class;
qualification class of the 5 category – senior lieutenant, law officer of the 2 class;
qualification class of the 4 category – captain, law officer of the 1 class;
2) senior commanding personnel:
qualification class of the 3 category – major, junior council;
qualification class of the 2 category – half colonel, council;
qualification class of the 1 category – colonel, senior council.
Before equating the qualification class, persons, served previously in law enforcement bodies, upon newly entering into service, persons, accepted in the manner of detachment from other law enforcement agencies, as well as persons, served in special state bodies, military employees shall be appointed to offices with class rank, special and military rank that they have, awarded to them at the previous place of service.
3. The term of staying in the qualification class shall be counted from the date of establishment to an employee of the appropriate qualification class. This period includes the actual time of service on the office, as well as the period of being of an employee at the disposal of the law enforcement agencies. In case of unreasonable delay in the presentation of an employee to the establishment of the next qualification class, the relevant qualification class shall be established from the next day after expiration of the period of staying in the previous qualification class.
4. The first and next qualification classes of the middle and senior commanding staff are established:
1) up to a qualification class of category 4 inclusive - by the head of a law enforcement agency or an authorized head;
2) up to a qualification class of 1 category inclusive - by the head of a law enforcement agency.
5. The offices of superior commanding personnel shall be provided for employees of anti-corruption service, the list of which shall be approved by the President of the Republic of Kazakhstan.
The superior qualification class of the 3 category shall be established for employees of anti-corruption service of superior commanding personnel.
The term of staying in the qualification class to employees of anti-corruption service of superior commanding personnel shall not be established.
The superior qualification class of the 3 category corresponds to special rank "major general" and class rank "state council of the 3 class".
Footnote. Chapter 4 is supplemented by Article 22-1 in accordance with the Law of the Republic of Kazakhstan dated 07.11.2014 No. 248-V (shall be enforced upon expiry of ten calendar days after its first official publication); as amended by the Law of the Republic of Kazakhstan dated 29.10.2015 No. 374-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 20.12.2016 No. 33-VІ (shall be enforced upon expiry of ten calendar days after its first official publication); dated December 27, 2019 No. 292-VІ (the order of enforcement see Article 2).
1. The special ranks or class ranks shall be divided into first and next depending on sequence of awarding.
1-1. The first special ranks or class ranks shall be:
1) private –for private personnel;
2) junior sergeant (sergeant) – for associate commanding personnel;
3) junior lieutenant (lieutenant), law officer of the 3 class – for secondary commanding personnel.
2. Special ranks of private and associate commanding personnel (first and next) shall be awarded by an authorized head.
3. The first special ranks or class ranks of middle and senior commanding staff are assigned by the head of a law enforcement agency or an authorized head.
4. The first special ranks of junior lieutenant shall be awarded to:
1) servants, being in office of private or associate commanding personnel, being in the final years of educational organizations, implementing professional training modules of higher education, and appointed to offices of secondary commanding personnel;
2) citizens who graduated from educational organizations that implement professional training programs of technical and vocational, post-secondary education, who underwent initial vocational training in educational organizations of law enforcement agencies and were appointed to the posts of middle commanding staff.
5. Special ranks of lieutenant shall be awarded to:
1) junior lieutenants upon expiry of age in grade in special rank, established by the Law, and to those, graduated educational organizations, implementing professional training modules of higher education – independently from the age in grade in this rank;
2) servants, holding the special ranks of private and associate commanding personnel, graduated educational organizations of law enforcement bodies, implementing professional training modules of technical and professional, post-secondary and higher education, and awarded to offices of secondary commanding personnel;
3) persons with higher education, who have undergone initial professional training in educational organizations of law enforcement agencies and appointed to the posts of middle or senior commanding staff.
5-1. It is excluded by the Law of the Republic of Kazakhstan dated December 27, 2019 No. 292-VІ (the order of enforcement see Article 2).
6. The next special ranks or class ranks of commanding personnel shall be awarded in consecutive order upon conformity to rank and class rank, provided on held full-time office, and upon expiry of established age in grade in special rank or class rank.
7. The next special ranks or class ranks of secondary and senior commanding personnel shall be awarded by:
1) up to the captain, lawyer of the 1st class inclusive - by the head of a law enforcement agency or an authorized head;
2) a head of law enforcement body – below colonel, senior council included.
8. Special ranks or class ranks of superior commanding personnel shall be awarded by the list of offices and in the manner, established by the President of the Republic of Kazakhstan.
8-1. Special ranks, class ranks, qualification class of superior commanding personnel:
major general, state council of the 3 class, superior qualification class of the 3 category can be assigned to an employee after three years in the rank of colonel, senior council, qualification class of the 1 category in office, former office of superior commanding personnel, and not less than one year of service in the office of superior commanding personnel;
lieutenant general, state council of the 2 class;
lieutenant general, state council of the 2 class can be assigned to an employee, being in a special rank, class rank of major general, state council of the 3 class not less than three years;
colonel-general, state council of the 1 class can be assigned to an employee, being in a special rank, class rank of lieutenant general, state council of the 2 class not less than three years.
By decision of the President of the Republic of Kazakhstan, superior special rank, class rank or qualification class can be assigned in advance.
9. A head of law enforcement body or authorized head, suspended unreasonably the recommendation of subordinated to awarding of the next special rank or class rank shall bear disciplinary responsibility.
10. The next special ranks or class ranks of secondary and senior commanding personnel shall be awarded upon expiry of established age in grade in the relevant special ranks or class ranks to undergraduates and a candidate for doctor's degree of educational organizations of law enforcement bodies, as well as those training in educational organizations of law enforcement bodies of foreign states on referral of law enforcement bodies with payment of education at the expense of budgetary funds, in accordance with full-time offices, held by them before admitting to study, without regard to changes of special ranks or class ranks in staff on these offices, introduced after admitting to study; on graduation of educational organization, magistracy, doctorate – upon conformity of the next special or military ranks, class ranks to the ranks of full-time offices, on which employees shall be awarded on graduation of study.
11. Employees attached to state bodies and international organizations shall be assigned special ranks or ranks in a sequential order, with regard of education and years of service upon expiry of established age in grade in a special rank or class rank.
Footnote. Article 23 as amended by the Law of the Republic of Kazakhstan dated 21.05.2013 No. 93-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 29.10.2015 No. 374-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 13.11.2015 No. 398-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 03.07.2017 No. 84-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated December 27, 2019 No. 292-VІ (the order of enforcement see Article 2).
1. Age in grade in special ranks of private and associate commanding personnel:
in the rank of private – three months;
in the rank of junior sergeant – one year;
in the rank of sergeant – two years;
in the rank of senior sergeant – three years.
Age in grade in the rank of color sergeant shall not be established.
2. Age in grade in special ranks and class ranks of secondary and senior commanding personnel:
in the rank of junior lieutenant – one year;
in the rank of lieutenant, law officer of the 3 class – one year;
in the rank of senior lieutenant, law officer of the 2 class – three years;
in the rank of captain, law officer of the 1 class – four years;
in the rank of major, junior council – five years;
in the rank of half colonel, council – seven years.
3. Age in grade in the special rank of colonel, class rank of senior council, as well as in the ranks and class ranks of superior commanding personnel shall not be established.
4. Age in grade in the special rank or class rank shall be calculated from the date of awarding of the relevant special or military rank, class rank to an employee, and by this the actual period of service in offices shall be included to the length of service, as well as serving in cases provided by the Article 44 of this Law and the period being an employee on vacation without pay on child care until his (her) attainment of the age of three years.
In case of unreasonable suspension of recommending the employee to awarding of the next special rank or class rank, the relevant special rank or class rank shall be awarded from the next day upon expiry of term of staying in the former special rank or class rank.
5. Servants, having the ranks of private and associate commanding personnel, appointed to offices of secondary commanding personnel shall be submitted to nomination of the special rank of secondary commanding personnel independently from age in grade in current rank.
6. Introduction of additional conditions of awarding the next special ranks or class ranks, not provided by the Law shall be prohibited.
Footnote. Article 24 as amended by the Law of the Republic of Kazakhstan dated 29.10.2015 No. 374-V (shall be enforced upon expiry of ten calendar days after its first official publication).
1. Regular special titles, class ranks or qualification classes are not assigned (not established) to employees, respectively, until they are appointed to a position when they are in possession, in the presence of a disciplinary sanction that has not been lifted, until the issue of compliance with the position held during re-certification is resolved, until a criminal case on the grounds provided for in subparagraphs 1), 2), 5), 6), 7) and 8) of the first part of Article 35 of the Criminal Procedure Code of the Republic of Kazakhstan, the entry into force of an acquittal, the end of an official investigation.
2. In the event of a decision on the illegality of imposing a disciplinary sanction or a decision on the compliance of the position held during re-certification, termination of the criminal case on the grounds provided for in subparagraphs 1), 2), 5), 6), 7) and 8) of the first part of Article 35 of the Criminal Procedure Code of the Republic of Kazakhstan, or the entry into force of an acquittal, the next special title, class rank or qualification class are assigned (established) to employees from the moment of their assignment (establishment) when the next special rank, class rank or qualification class corresponds to the rank , class rank or qualification class for the current full-time position.
Footnote. Article 25 as amended by the Law of the Republic of Kazakhstan dated December 27, 2019 No. 292-VІ (the order of enforcement see Article 2).
1. The next special rank, class rank or qualification class of commanding personnel to colonel included may be awarded (established) before expiration of established term of age in grade in the former special rank, class rank or qualification class or one grade higher than special rank, class rank or qualification class, provided on the held full-time office, in the manner of award for achievement of high results in service and exemplary fulfillment of employment duties.
2. Special ranks, class ranks or qualification classes shall be awarded (established) in advance upon expiry of no less than half of established terms of age in grade in special rank, class rank or qualification class.
3. The next special rank, class rank or qualification classes that are one grade higher than special rank, class rank or qualification class, provided by the held full-time office may be awarded (established) to persons of commanding personnel, having science or academic degree or science or academic rank, and by this holding full-time office in educational organization of law enforcement agencies upon expiry of established term of age in grade in special rank, class rank or qualification class.
4. The next special rank, class rank or qualification class that are one grade higher than special rank, class rank or qualification class provided on the held full-time office shall be awarded (established) upon expiry of no less than one and half of the term of length of years of service in the former special rank, class rank or qualification class.
By this, awarding (establishing) of special ranks, class ranks or qualification classes in advance that are one grade higher than special rank, class rank or qualification class, provided on the held office, shall be carried out no more than two times for the whole period of service in law enforcement agencies on every ground.
Awarding (establishing) of extraordinary special ranks, class ranks or qualification classes shall be carried out no more than two times for the whole period of service in the manner, determined by a head of law enforcement agencies.
5. Special ranks of associate commanding personnel shall be awarded (established) by an authorized head in advance or one grade higher, and special ranks, class ranks or qualification classes of secondary and senior commanding personnel – by a head of law enforcement agencies.
Footnote. Article 26 is in the wording of the Law of the Republic of Kazakhstan dated 07.11.2014 No. 248-V (shall be enforced upon expiry of ten calendar days after its first official publication); as amended by the Law of the Republic of Kazakhstan dated 29.10.2015 No. 374-V (shall be enforced upon expiry of ten calendar days after its first official publication).
1. One grade reduction in special rank, class rank or qualification class shall be applied as disciplinary measure to employees, having:
1) ranks of associate and secondary commanding personnel – by an authorized head;
2) ranks of senior commanding personnel – by a head of law enforcement agencies.
2. Deprivation of special ranks, class ranks or qualification classes shall be applied as disciplinary measure in respect of employees:
1) below colonel, senior council included shall be carried out by a head of law enforcement agencies;
2) superior commanding personnel – by the President of the Republic of Kazakhstan in the manner, established by the President of the Republic of Kazakhstan.
3. The term of age in grade in special rank, class rank or qualification class shall be terminated from the date of issuance of the order on bringing to disciplinary responsibility in the form of reduction of special rank, class rank or qualification class and shall be restored from the date of issuance of the order on restoration of special rank, class rank or qualification class.
Employees, reduced in special rank, class rank or qualification class independently from the held full-time office shall be restored in the former special rank, class rank or qualification class independently from the held full-time office by orders of a head of law enforcement agencies or authorized head, but no sooner than six months from the date of reduction in special rank, class rank or qualification class.
4. Repeated reduction in special rank, class rank or qualification class shall not be performed before restoration of an employee in the former special rank, class rank or qualification class and awarding (establishing) of the next special rank, class rank or qualification class to him (her).
Footnote. Article 27 is in the wording of the Law of the Republic of Kazakhstan dated 07.11.2014 No. 248-V (shall be enforced upon expiry of ten calendar days after its first official publication).
1. Execution of condemnatory judgment of court, entered in legal force on deprivation of special ranks, class ranks or qualification class in respect of employees:
1) below captain, law officer of the 1 class, qualification class of the 4 category included shall be carried out by an authorized head;
2) below colonel, senior council, qualification class of the 1 category included shall be carried out by a head of law enforcement agencies;
3) superior commanding personnel in accordance with the legislation of the Republic of Kazakhstan.
2. In case of illegal deprivation of special rank, class rank or qualification class the order on restoration in the former rank in accordance with the court decision shall be accepted by a head of law enforcement agencies or authorized head.
3. The period of illegal deprivation of special rank, class rank or qualification class shall include the age in grade in restored special rank, class rank or qualification class. Persons deprived of special rank, class rank or qualification class illegally shall be compensated for material damage in full measure.
Footnote. Article 28 is in the wording of the Law of the Republic of Kazakhstan dated 29.10.2015 No. 374-V (shall be enforced upon expiry of ten calendar days after its first official publication).
1. Offices, subject to substitution by persons of private, associate, secondary, senior and superior commanding personnel, and special ranks or class ranks corresponding to these offices shall be determined by a head of law enforcement agencies in accordance with the legislation of the Republic of Kazakhstan.
2. Persons, appointed to offices of secondary, senior and superior commanding personnel shall fulfill employment duties on the held office before awarding of special rank, class rank establishing qualification class to them or admission to the personnel of law enforcement bodies.
3. Appointment to a position, systematic movement in the service are made by the head of a law enforcement agency or an authorized leader, subject to the strict compliance of the person with the qualification requirements, with the obligatory passage of all stages of career growth. The system and criteria for career growth are determined by the head of the law enforcement agency.
The list of positions of law enforcement agencies to be filled on a competitive basis, the conditions and procedure for holding a competition and training in law enforcement agencies are approved by the head of the law enforcement agency in agreement with the authorized body for civil service affairs.
The qualification requirements for the categories of positions of law enforcement agencies are approved by the head of the law enforcement agency in agreement with the authorized body for civil service affairs on the basis of standard qualification requirements for the categories of positions of law enforcement agencies.
Typical qualification requirements for the categories of positions of law enforcement agencies are approved by the authorized body for civil service affairs in agreement with law enforcement agencies.
4. Appointment to office, relocation at service shall be carried out with regard of professional competence and index competitiveness of an employee.
5. Use of persons of secondary and senior commanding personnel shall be ensured on their primary special field upon their appointment to the office and relocation at service or in accordance with available experience, and if it is necessary to use in offices on new special field for them, the retraining on the relevant courses (meetings) shall precede the appointment.
6. Information on vacant head offices and requirements for candidates for their replacement shall be published in departmental information and reference systems in the manner determined by a head of the law enforcement agencies.
7. For the timely and complete staffing of the law enforcement agencies, the Human Resources carries out personnel forecast in accordance with the methodology approved by a head of the law enforcement agencies.
8. For purpose of achievement optimal degree of streamlining of actions in areas and referrals of law enforcement activities, shall be established work standards (algorithm, rules and requirements for results of an employee’s activity in a specific work area) in the manner determined by a head of law enforcement agencies.
9. A probationary period of up to three months may be established for persons of secondary and senior commanding personnel of prosecutor’s office appointed to head offices.
Footnote. Article 29 is in the wording of the Law of the Republic of Kazakhstan dated 29.10.2015 No. 374-V (shall be enforced upon expiry of ten calendar days after its first official publication); as amended by the Law of the Republic of Kazakhstan dated 11.07.2017 No. 91-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated November 26, 2019 No. 273-VI (shall be enforced upon expiry of ten calendar days after the day of its first official publication).
1. Relocation at service of persons of private and associate commanding personnel shall be carried out:
1) to superior offices – in the manner of promotion at service;
2) to equivalent offices – with the agreement of these persons in necessity of substitution of other offices in order to their reasonable use in recognition of business and personal qualities, new speciality training, as well as due to the family commitments, health condition or seniority;
3) due to admitting to study in educational organizations of law enforcement bodies – with dismissal from the held full-time office, as well as upon appointment to office after graduation of educational organization;
4) to inferior offices:
upon staff reduction or reorganization of law enforcement body – in case of impossibility of transferring of these persons to equivalent offices and with their agreement;
due to health condition – on the basis of conclusion (decision) of military physician board and with the agreement of an servant;
due to incompetency, established following the results of attestation;
in the manner of disciplinary penalty;
on their own wish.
2. Relocation at service of persons of secondary, senior and superior commanding personnel shall be carried out:
1) to superior offices – in the manner of promotion at service;
2) to equivalent offices – due to conduct of staffing measures in order to reasonable use on specialization and in recognition of work experience, in the manner of rotation, due to expiration of the term of powers on the held office, as well as on own wish, with the agreement of their immediate and authorized heads;
3) due to admitting to study in educational organizations of law enforcement bodies, study within the frame of state order on training of public servants – with dismissal from the held full-time office, as well as upon appointment to office after graduation of educational organization;
4) to inferior offices:
upon staff reduction or reorganization of law enforcement body in case of impossibility to use these persons on equivalent office and with their agreement;
on health condition – on the basis of conclusion (decision) of military physician board;
on own wish;
on incompetency, established following the results of attestation;
in the manner of disciplinary penalty;
5) in the manner of extraregimental employment to state bodies and international organizations.
3. Upon appointment of persons of secondary, senior and superior commanding personnel to senior and educational work on special subjects in educational organization of law enforcement agencies of the Republic of Kazakhstan, they shall reserve official salaries according to the last main offices before appointment to educational organizations. Decision on reservation of official salary in each separate case shall be adopted by a head of law enforcement agencies on recommendation of a head of educational organization and conclusion of Human Resources of the central administrative office of law enforcement agencies before appointment to office.
Payment of reserved official salary shall be terminated upon reduction.
4. Persons of private and commanding personnel, transferred to inferior offices may promote at service in the following in recognition of requirements of the Law.
4-1. Upon necessity of relocation of persons of secondary, senior and superior commanding personnel to other offices, as well as to another locality, decision of this with their consent shall be adopted by relevant authorized heads, as well as absence of contraindications for health reasons from them and their family members.
5. Decision on transfer at service of persons of private and commanding personnel shall be executed by the order of a head of law enforcement body or authorized head specifying the grounds of transfer.
6. Persons of secondary, senior and superior commanding personnel, transferred at service shall be subject to detachment to the new duty area after delivery of works, but not later than one month from the date of receiving the order, except the cases, when these persons are in annual vacation with pay or under treatment.
7. In case of refuse of a servant to hold suggested office upon staff reduction of law enforcement body, he (she) shall be subject to dismissal in accordance with the Law.
Footnote. Article 30 as amended by the Law of the Republic of Kazakhstan dated 03.07.2013 No. 124-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 29.10.2015 No. 374-V (shall be enforced upon expiry of ten calendar days after its first official publication).
1. Rotation of head offices of law enforcement agencies shall be carried out for the purpose of ensuring the most effective use of professional potential upon service in law enforcement bodies.
The list of head offices shall be determined by a head of law enforcement agencies.
Rotated employees holding head offices of law enforcement agencies, for the period of their official duties, shall be provided a corporate housing without the right to privatize.
2. Rotation shall be carried out under decision of a head of law enforcement agencies once every five years. Adopted decision shall be executed in the form of order. Rotation to the service in other location shall be allowed with the written agreement of an employee, and in the interests of service – independently from the term of staying on office and without the agreement of an employee.
Rotation shall be performed according to one of the following schemes:
1) interlevel("center-region", "region-center");
2) interregional ("region-region");
3) intersectoral("center-center").
3. Civil employees, having (being a trustee) of disabled children, as well as adopted children, or parents in advanced years being at the expense, or family members permanently living with them and having disabilities of groups 1 and 2 shall not be subject to rotations, linked with movement to other location. Mentioned circumstances shall be documentary proved.
4. The list of head offices to be rotated and the procedure for their relocation shall be determined by a head of law enforcement agencies.
Footnote. Article 31 is in the wording of the Law of the Republic of Kazakhstan dated 29.10.2015 No. 374-V (shall be enforced upon expiry of ten calendar days after its first official publication).
1. Office of law enforcement service shall be considered as superior, if it is provided by higher limiting special rank, class rank or qualification class than special rank, class rank or qualification class on the former office of law enforcement service, and in equality of special ranks, class ranks or qualification classes – higher salary on the office of law enforcement service.
2. Office of law enforcement service shall be considered as equivalent, if it is provided by special rank, class rank or qualification class and salary on office of law enforcement service, equal to special rank, class rank or qualification class and salary on the former office of law enforcement service.
3. Office of law enforcement service shall be considered as inferior, if it is provided by lower limiting special rank, class rank or qualification class than special rank, class rank or qualification class on the former office of law enforcement service, and in equality of special ranks, class ranks or qualification classes – lower salary on the office of law enforcement service.
Footnote. Article 32 is in the wording of the Law of the Republic of Kazakhstan dated 07.11.2014 No. 248-V (shall be enforced upon expiry of ten calendar days after its first official publication).
1. Nomination on service of employees shall be performed from among of employees, being in personnel reserve or on competitive basis pursuant to the conformity to specified qualifying requirements as well as in recognition of business and personal qualities, employment activity results.
1-1. The list of leadership positions replaced on competitive basis, the conditions and procedure for holding a competition for higher leadership positions shall be determined by head of law enforcement agency.
Employees of the law enforcement agency, its departments, institutions, educational organizations, and territorial or equivalent units shall have the right to participate in competition for a higher leadership position.
In the absence of competitioners among employees of law enforcement agency, its departments, institutions, educational organizations, territorial or equivalent units who have received a positive opinion from competition commission, a competition shall be held in which employees of other law enforcement agencies can participate.
The announcement of competition among all law enforcement employees shall be published on Internet resource of authorized agency for public service affairs.
2. Work on development of professional training of persons of commanding personnel, admitted to personnel reserve shall be carried out in the manner, determined by a head of law enforcement bodies.
Footnote. Article 33 as amended by the Law of the Republic of Kazakhstan No. 180-VI dated 12.07.2018 (shall be enforced upon expiry of ten calendar days after its first official publication).
1. Presidential reserve of administration of law enforcement bodies shall be formed for the purpose of qualitative selection of employees for appointment of vacant superior heads offices of law enforcement agencies.
The procedure for formation and list of offices of Presidential reserve of administration of law enforcement bodies shall be determined by the President of the Republic of Kazakhstan.
2. Employees, being in the Presidential reserve of administration of law enforcement bodies shall pass professional retraining and advanced training in educational organization of the prosecutor's office.
Footnote. Chapter 5 is supplemented by Article 33-1 in accordance with the Law of the Republic of Kazakhstan dated 21.05.2013 No. 93-V (shall be enforced upon expiry of ten calendar days after its first official publication); is in the wording of the Law of the Republic of Kazakhstan dated 29.10.2015 No. 374-V (shall be enforced upon expiry of ten calendar days after its first official publication).
1. Personnel reserve shall be established for the formation of regular personnel of law enforcement body, ensuring of manning of offices of service in law enforcement body.
2. Personnel reserve of law enforcement agencies shall be formed on planned basis for the following substitution of vacant superior offices.
3. Personnel reserve shall be established from among of servants, recommended to nomination on senior offices or on work with heavy workload in view of the results of attestation, as well as from among of persons that showed administrative abilities upon fulfillment of employment duties or upon fulfillment of special tasks.
4. Vacant senior office shall be substituted under decision of a head of law enforcement body or authorized head by a person, being in personnel reserve of law enforcement body. Upon refusal of servants, being in personnel reserve from suggested office, the vacant office shall be substituted by another servant in view of the results of attestation or on selection of personnel.
5. Responsibility for formation of personnel reserve and organization of works with it shall be asserted to a head of law enforcement agencies or authorized head and Human Resources. Personnel reserve shall be formed in law enforcement bodies in recognition of qualitative regular personnel and necessity in substituting the relevant offices.
6. Admission to personnel reserve shall be carried out by a head of law enforcement agencies or authorized head in recognition of an employee’s competitiveness index.
7. In case of bringing to responsibility an employee for commitment of corruptive infraction, he (she) shall be excluded from the personnel reserve. In case of disagreement of an employee with decision on his (her) exclusion from personnel reserve, he (she) shall has the right to appeal this decision to superior civil employees and (or) to a court.
8. The term of staying of a servant in personnel reserve shall not exceed three years. Persons, admitted to personnel reserve, but not appointed to the planned offices for them during staying in personnel reserve may be newly admitted to personnel reserve on the common basis.
9. Personnel subdivisions of law enforcement agencies may maintain the lists and departmental data bank of employees, admitted to personnel reserve.
10. The procedure for formation of personnel reserve, requirements for employees qualification admitted in personnel reserve, and work with departmental data bank of employees admitted in personnel reserve shall be determined by a head of law enforcement agencies.
Footnote. Article 34 as amended by the Law of the Republic of Kazakhstan dated 21.05.2013 No. 93-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 29.10.2015 No. 374-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 18.11.2015 No. 411-V (shall be enforced from 01.01.2016).
The objectives of establishment of personnel reserve and work with it shall be:
1) regulation of planning machinery of servants’ promotion at service;
2) improvement of the effectiveness of managerial personnel training;
3) substitution of offices of managerial personnel by more qualifying servants;
4) strengthening and stabilization of managerial personnel, ensuring of their continuity;
5) strengthening of democratic principles of deciding the personnel affairs in law enforcement bodies.
1. Establishment of regular personnel in law enforcement body shall be ensured on the basis of:
1) improvement of professional knowledge and skills of servants;
2) appointment of servants to offices of law enforcement service in recognition of level of their professional training, achievements in professional employment activity and business qualities;
3) sequences of law enforcement service and awarding of special ranks, class ranks or establishing qualification classes.
2. Priority direction of establishing regular personnel of law enforcement body shall be:
1) training, raising of qualification and re-training on plan basis for all categories of offices of law enforcement service;
2) creation of conditions for professional and official development of servants;
3) appraisal of results of professional employment activities of servants by conduct of attestation.
3. Professional official and physical training shall be organized for the purposes of development of professional knowledge and skills of servants that shall be conducted at the place of service in law enforcement bodies by servants.
The content and procedure for organizing the official and physical training shall be established by the regulatory legal acts of law enforcement bodies.
4. Professional retraining, raising of qualification shall be additional vocational education of servants. Receiving additional vocational education shall be allowed with breaking, partially breaking or without breaking from fulfillment of employment duties by servants. Receiving the additional vocational education by a servant under other equal conditions shall be the primary ground for admitting a servant to personnel reserve or continuation for substitution of the office of law enforcement service by him (her).
5. Professional training, retraining and raising of qualification of employees shall be carried out in educational organizations and scientific institutions of law enforcement agencies, in specialized institutions of law enforcement agencies on retraining and raising of qualification of employees, as well as in other educational organizations and institutions.
The content and procedure for carrying out professional training, retraining and raising of qualification of employees shall be determined by the regulatory legal acts of law enforcement bodies.
6. A servant may receive additional vocational education beyond the boundaries of the Republic of Kazakhstan.
Footnote. Article 36 as amended by the Law of the Republic of Kazakhstan dated 07.11.2014 No. 248-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 29.10.2015 No. 374-V (shall be enforced upon expiry of ten calendar days after its first official publication).
1. Selection of candidates for admission in personnel reserve shall be performed on the basis of research and assessment of personal and professional qualities of employees, results of their employment activity, as well as on the basis of decision of attestation commission.
Assessment of professional qualities of candidates for admission to personnel reserve shall be performed in recognition of competitiveness index.
2. Upon selection of candidates for admission in personnel reserve it shall be considered as follows:
1) conformity of available education of a servant on specialization, provided to substitution on estimated office;
2) existence of the relevant professional training and work experience on estimated type of activity;
3) knowledge of regulatory legal acts, regulating the activity of categories of the relevant heads;
4) health condition;
5) results of professional retraining and raising of qualification.
3. If nomination suggests the relocation at service to other location, the possibility of a servant and his (her) family members on health condition to reside there shall be considered.
4. Selection of candidates for admission in personnel reserve shall be carried out by Human Resources. The list of the admitted to personnel reserve shall be approved by a head of law enforcement agencies or authorized head and entered into departmental data bank. The number of employees, admitting to personnel reserve for nomination on the relevant office shall be no less than two persons.
Footnote. Article 37 as amended by the Law of the Republic of Kazakhstan dated 21.05.2013 No. 93-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 29.10.2015 No. 374-V (shall be enforced upon expiry of ten calendar days after its first official publication).
1. A servant may be temporary suspended from fulfillment of employment duties in the following cases:
1) in the manner, established by the criminal procedure legislation of the Republic of Kazakhstan – by a body, dealing with the criminal procedure, before annulment of necessity of this measure without pay;
2) in case of carrying out of official investigation – by a head of law enforcement body or authorized head before decision of the question on responsibility, but for the term of no more than one month with pay.
2. The order of a head of law enforcement agencies or authorized head shall be issued on temporary suspension of an employee from fulfillment of employment duties. An employee shall be familiarized with the order on temporary suspension from fulfillment of employment duties no later than three business days from the date of its issuance. Familiarization with the order shall be certified by an employee’s signature.
In case of impossibility to personally familiarize an employee with the order on temporary suspension from fulfillment of employment duties, Human Resources of law enforcement agencies shall be obliged to send him a copy of the order on temporary suspension from fulfillment of employment duties by a letter of notification at his\her residence.
3. In case of entering into force of condemnatory judgement for committing of a crime or exemption from criminal liability for committing of a crime on the grounds of paragraphs 3), 4), 9), 10) and 12) of part one of Article 35 or Article 36 of the Criminal Procedure Code of the Republic of Kazakhstan, an employee shall be dismissed in the manner, established by this Law.
4. In case of termination of criminal case on rehabilitating grounds, entering into force of acquitting judgement, an employee shall be restored in office, special or military rank, class rank, qualification class.
Restoration at service (in office, rank, class rank or qualification class) of a person shall be performed no later than monthly term from the date of his (her) application, if it follows the acquitting judgement from its entering into force within three months or rendering of decree on termination of the criminal case on rehabilitating grounds.
5. Monetary allowance shall be compensated for servants, dismissed from law enforcement bodies due to conviction for criminal acts, and after that rehabilitated and restored respectively in office and special rank or class rank for the period of necessary absence at service in the manner, established by the legislation of the Republic of Kazakhstan.
Footnote. Article 38 as amended by the Law of the Republic of Kazakhstan dated 21.05.2013 No. 93-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 07.11.2014 No. 248-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 04.07.2014 No. 233-V (shall be enforced from 01.01.2015); dated 29.10.2015 No. 374-V (shall be enforced upon expiry of ten calendar days after its first official publication).
1. Obligations on superior office may be temporary assigned on a servant due to needs of the service without dismissal from the held (main) office.
2. Servants, holding the full-time offices, being assigned by temporary fulfillment of obligations on other offices with release from main duties in established manner, shall be paid in the following order:
1) payment of monetary allowance shall be made to full-time substitutes according to their main performing office, independently from their employment duties on non-vacant offices of their immediate directors;
2) upon temporary fulfillment of obligations, as well as by substitutes, the payment shall be made on vacant office of a head proceeding from the salary, provided according to temporary performed office in recognition of other payments, but no more than two months. Decision on their appointment to this office or release from fulfillment of obligations on vacant office shall be adopted within the mentioned term.
Continuous term of temporary fulfillment of obligations on vacant office shall not exceed two months, and on non-vacant – four months.
Continuous term of temporary fulfillment of obligations on office shall be calculated from the date of appointment to office, but no sooner than the date, specified in the order, and in the absence of mentioned date – no sooner than the date of signing the order till the date of release from fulfillment of obligations.
Appointment of those, fulfilling the obligations on office shall be executed by the order of civil servants, provided by the right to appoint servants to offices and their transfer.
3. Assignment of temporary fulfillment of obligations on a servant and his (her) release from the fulfillment of obligations on main office due to this, in accordance with the Article shall be carried out by the act of a head of law enforcement body or authorized head, with the exception of case, when the fulfillment of obligations on office of immediate head is provided by employment duties of a servant during the period of his (her) absence.
Footnote. Article 39 as amended by the Law of the Republic of Kazakhstan dated 21.05.2013 No. 93-V (shall be enforced upon expiry of ten calendar days after its first official publication).
1. Duration of labor hours for servants shall be established in accordance with labor legislation of the Republic of Kazakhstan in recognition of special aspects, provided by the Law.
Strictly regulated order of the day, determined by special aspects of employment activity and operational situation, time of year, local conditions and other separate circumstances shall be established in every law enforcement body.
2. The rules of labor order shall establish the labor hours and rest time, consultation hours for citizens (most comfortable for population), shift-working arrangement at service of separate categories of servants that shall be approved by the act of a head of law enforcement body or authorized head.
2-1. The procedure for determining load standards for an employee of law enforcement bodies shall be established by the Government of the Republic of Kazakhstan.
3. In case of necessity, servants may be brought to fulfillment of employment duties in excess of fixed time, as well as at night time, days of rest and public holidays. The procedure and conditions of payment of the compensations shall be determined by the legislation of the Republic of Kazakhstan.
Footnote. Article 40 as amended by the Law of the Republic of Kazakhstan dated 21.05.2013 No. 93-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 06.04.2016 No. 484-V (shall be enforced upon expiry of ten calendar days after its first official publication).
1. Length of law enforcement service shall be estimated in the manner, established by the legislation of the Republic of Kazakhstan, for the purpose of calculation of years of service that gives the right to pension, granting additional vacation for years of service, payment of lump-sum benefit upon dismissal of a servant, as well as recommendation to awarding the titles of honour of the Republic of Kazakhstan and promotion by departmental badges of merit of law enforcement body.
2. Estimation of years of service for servants shall be performed in the manner, determined by the Government of the Republic of Kazakhstan.
By this, the years of service for assignment of pension payments shall be calculated in chronological order, with the exclusion of cases, established by the legislation of the Republic of Kazakhstan.
3. The period of staying of servants at service in law enforcement bodies shall be counted in their total labor experience, as well as to the length of public service in accordance with the legislation of the Republic of Kazakhstan.
4. The period of being of a servant in the possession of law enforcement body shall be counted to the length of service.
5. The length of service of the law enforcement service is considered continuous if no more than three months have passed from the date of dismissal or secondment of the employee from service in special state and law enforcement agencies, bodies of the state courier service, military service and until the day of his admission to service in law enforcement agencies, provided that for the specified period of labor relations with other individuals and legal entities.
Footnote. Article 41 as amended by the Law of the Republic of Kazakhstan dated December 27, 2019 No. 292-VІ (the order of enforcement see Article 2).
1. The personal records, documents of records of servants, containing their personal information, information on employment activity and length of law enforcement service shall be managed in law enforcement body.
2. The following requirements shall be observed upon collection, processing and protection of personal information of a servant in law enforcement body:
1) collection and processing of personal information of a servant shall be carried out for the purposes of assistance to a servant in law enforcement service, study and official development, ensuring the personal protection of a servant and his (her) family members, as well as for the purpose of ensuring of preservation of property, belonging to him (her), accounting of the results of fulfilling the employment duties by him (her);
2) consistency check of personal information, received from a servant in accordance with the Law shall be carried out with participation of state bodies;
3) protection of personal information of a servant from their illegal use or loss shall be ensured at the expense of law enforcement body in the manner, established by the Law and other legislative acts of the Republic of Kazakhstan;
4) transfer of personal information of a servant to the third party shall not be allowed without the agreement of an servant, expressed in written, with the exception of cases, established by the Laws.
3. Personal information and other information, linked with entering into law enforcement service, its record of service and dismissal from law enforcement service, required for ensuring of activity of law enforcement body shall be introduced in personal record of a servant.
4. State bodies or organizations in which a citizen (a servant) did (does) law enforcement and military service shall send the calculation of years of service, copy of record in service, conclusion on the last attestation and other materials characterizing the employment activity of a servant to the address of law enforcement body at the request of a head of law enforcement body or authorized head upon acceptance (transfer) of a citizen (a servant) that did (doing) law enforcement or military service.
5. Information, contained in personal records and documents of records of a servant shall refer to state secrets in accordance with the legislation of the Republic of Kazakhstan.
6. A servant, guilty in violations of norms, regulating receiving, storage, processing, use and transfer of personal information of another servant, and equally guilty in loss or disclosure of such information shall bear responsibility in accordance with the Law and other Laws of the Republic of Kazakhstan.
7. The procedure for management of personal records, contained personal information of a servant shall be approved by a head of law enforcement body.
Footnote. Article 42 as amended by the Law of the Republic of Kazakhstan dated 21.05.2013 No. 95-V (shall be enforced upon expiry of six months after its first official publication).
1. Legal relations with an employee, substituting reduced office upon staff reduction of law enforcement agencies shall constitute in the following cases:
1) provision of possibility of substituting the other office to a servant in the same or in other law enforcement body;
2) recommendation of a servant to professional retraining, raising of qualification or study in educational organization of law enforcement body.
1-1. In case of reorganization of law enforcement agencies, administration of the newly formed body shall offer office to an employee of reorganized body in accordance with its qualifications.
In case of refuse of an employee from suggested office, he (she) shall be dismissed in the manner, established by this Law.
2. Legal relations with a servant may be continued upon liquidation of law enforcement body in case of provision of possibility of substituting the other office in law enforcement body to a servant that is transferred by the function of liquidated law enforcement body, or in other law enforcement body.
3. In case of refuse of a servant from suggested office, he (she) shall be dismissed from law enforcement service in the manner, established by the Law.
Footnote. Article 43 as amended by the Law of the Republic of Kazakhstan dated 29.10.2015 No. 374-V (shall be enforced upon expiry of ten calendar days after its first official publication).
Servants may do law enforcement service not in the offices with abandonment in personnel of law enforcement body in cases:
1) being in the possession of law enforcement body;
2) extraregimental employment to state bodies and international organizations;
3) study granting leave within the frame of state order on training of public employees;
4) being on leave without pay;
5) enrollment in the personnel of a law enforcement agency after completion of initial professional training in educational organizations of law enforcement agencies.
Footnote. Article 44 as amended by the Law of the Republic of Kazakhstan dated 03.07.2013 No. 124-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 03.07.2017 No. 84-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated December 27, 2019 No. 292-VІ (the order of enforcement see Article 2).
1. Length of involvement of servants for protection of public order in other regions of the Republic or for participation in ensuring of legal regime of extraordinary situation and liquidation of emergency situations shall not exceed three months.
2. Servants may be posted to state bodies and international organizations with abandonment in personnel of law enforcement bodies in the manner, determined by the Government of the Republic of Kazakhstan.
1. Special conditions of serving in correctional system means the work of personnel of institutions upon imposition of extraordinary or military situation, escape of supposed, accused and convicted person, taking of hostage, mass disorders, group insubordinations or upon a menace of their creation within the term, required for their elimination.
2. The work of servants of bodies of correctional system in the regime of special conditions of serving shall not exceed three months and shall be compensated by the rest days. The procedure and limiting length of involvement of servants to work in special conditions of service shall be determined by the regulatory legal acts of the Republic of Kazakhstan.
Footnote. Chapter 5 is supplemented by Article 45-1 in accordance with the Law of the Republic of Kazakhstan dated 18.01.2012 No. 547-IV (shall be enforced upon expiry of ten calendar days after its first official publication).
1. Detachment of a servant shall be carried out by the order of a head of law enforcement body or authorized head having the right to appoint to the relevant offices.
By this, the appointment of a servant to office shall be performed from the date of his (her) detachment.
2. The grounds for detachment shall be report of a servant and written application of law enforcement body, accepting to service.
3. The term for adoption of decision on detachment of a servant shall not exceed one month from the date of receipt of written application of accepting law enforcement body.
Footnote. Article 46 as amended by the Law of the Republic of Kazakhstan dated 21.05.2013 No. 93-V (shall be enforced upon expiry of ten calendar days after its first official publication).
1. Servants may be admitted in the possession of law enforcement body with dismissal from the held office for decision of the question on the following law enforcement service in the manner and on the grounds, provided by the Article.
2. The grounds for admission of a servant in the possession of law enforcement body shall be:
1) application of a servant with report on dismissal from the held office and abandonment in the possession of law enforcement body at the own wish;
2) dismissal of a servant from the held office in the manner of disciplinary penalty, provided by subparagraph 5) of paragraph 2 of Article 56 of the Law, or in view of the results of attestation;
3) conduct of staffing measures;
4) expiration of the term of extraregimental employment to other state bodies and international organizations;
5) expiration of the term of powers on the held office;
6) conclusion of military physician board.
3. Dismissal of a servant from the held office and admission in the possession of law enforcement body shall be carried on the basis of order of a head of law enforcement body or authorized head for the term, not exceeding fifteen calendar days.
In exceptional cases, occasioned by special circumstances, this term may be extended by a head of law enforcement body for two months.
A servant, admitted in the possession of law enforcement body shall reserve the salary according to last office.
The term of being in the possession of law enforcement agencies shall not include the period of persons’ of private and commanding personnel being on vacations, established by the Law, being under treatment (checkup by referral of military physician board) in public health organizations, the period of being in route from the place of former service to location area of the relevant law enforcement agencies; for persons, studying on part-time or evening education – the term of being on the period of examinations of educational organizations; the term of being under arrest due to bringing to the criminal responsibility, in cases of termination of criminal case on rehabilitating grounds or delivery of acquitting judgement from the date of arrest and to the date of relief included.
4. The procedure for serving by servants, being in the possession of law enforcement body shall be determined by a head of law enforcement body.
The established order of the day of law enforcement body shall be applied to a servant, being in the possession of law enforcement body in the full measure.
Incentives may be used against a servant, admitted in the possession of law enforcement body and he (she) may be imposed by disciplinary penalties, provided by the Law.
5. The term of being of a servant in the possession of law enforcement body shall be counted to the length of law enforcement service, in years of service for awarding of special rank or class rank.
6. Servants dismissed from the held offices and being in the possession of law enforcement body that didn’t use the annual vacation with pay, in case of delay of decision of the question on their following use at service shall be provided by the unused vocation. For the period of annual vocation with pay, the salary shall be paid to them in amount, receiving according to the main office to the date of admission in the possession of law enforcement body, independently from the term of being in the possession.
7. A head of law enforcement body or authorized head shall be obliged to offer the office to a servant being in the possession of law enforcement body in written form in compliance with requirements of the Article.
Upon appointment to office of an employee, being in the possession of law enforcement agencies, his (her) qualification, rank, years of service, work experience, former office shall be considered.
In case of admission of a servant in the possession of law enforcement body on the grounds, provided by subparagraph 1), 3), 4) and 5) of paragraph 2 of the Article, the office shall be offered in recognition of professional qualities of a servant and under condition of conformity to qualifying requirements, provided for this office.
In case of admission of a servant in the possession of law enforcement body on the ground, provided by subparagraph 2) of paragraph 2 of the Article, the offered office shall be inferior.
In case of admission of a servant in the possession of law enforcement body on the ground, provided by subparagraph 6) of paragraph 2 of the Article, the appointment to office shall be performed with the agreement of a servant in accordance with the conclusion of military physician board.
8. In case of refusal of an employee to state disagreement in written form with offered office, the Human Resources of law enforcement agencies shall draw up the act that shall be attached to the personnel record of an employee.
In case of refusal of an employee to hold the offered office, he (she) shall be subject to dismissal.
Footnote. Chapter 5 is supplemented by Article 46-1 in accordance with the Law of the Republic of Kazakhstan dated 21.05.2013 No. 93-V (shall be enforced upon expiry of ten calendar days after its first official publication); as amended by the Law of the Republic of Kazakhstan dated 07.11.2014 No. 248-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 29.10.2015 No. 374-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 03.07.2017 No. 84-VI (shall be enforced upon expiry of ten calendar days after its first official publication).
1. For determining the effectiveness and performance quality of employees, annual assessment of their activities shall be carried out.
2. The results of annual assessment of employees’ activities shall be the basis for making decisions on remuneration, award, training, career growth, rotation, as well as establishment of differentiated wages. The differentiation of wages shall be made in accordance with levels for each office.
The results of employees’ activities shall be the basis for making decisions on their attestation within three years.
3. The procedure for evaluating employees’ activities, the procedure and conditions for assigning levels shall be approved by the President of the Republic of Kazakhstan.
Footnote. Chapter 5 is supplemented by Article 46-2 in accordance with the Law of the Republic of Kazakhstan dated 29.10.2015 No. 374-V (shall be enforced upon expiry of ten calendar days after its first official publication).
1. Attestation of servants shall be periodically realized procedure on determination of level of their professional qualification, legal culture and ability to work with citizens.
2. Main criterion of grade upon attestation shall be employee's professional competence with regard to competitiveness index.
3. Servants shall pass attestation upon expiry of every following three years of permanent being at service in a system of law enforcement bodies. By this, the attestation shall be conducted not late than six months from the date of mentioned maturity.
In cases, if servants, subject to attestation are appointed to new offices, they shall pass attestation after one year after appointment. Upon appointment to equivalent offices, this term shall not be considered, unless this entailed the modification of functional obligations.
Upon passing the attestation, being at service in a system of law enforcement bodies shall be considered as permanent, when no more than three months passed from the date of dismissal of a servant from service in a system of law enforcement bodies and to the date of his (her) entering into service in a system of law enforcement bodies, under condition of absence of his (her) labor relations with other legal entities (with the exception of state bodies) and individuals for the mentioned period.
3-1. Is excluded by the Law of the Republic of Kazakhstan dated 27.04.2012 No. 15-V (shall be enforced from the date of its first official publication).
4. A head of law enforcement body and his (her) deputies, as well as servants having the age in grade no less than twenty years in law enforcement bodies shall not be subject to attestation.
Women from among of servants during their period of gestation and maternity vacation shall not be subject to attestation. They shall be attested after attendance at service no sooner than after six months and not later than one year.
5. Attestation shall include the set of successive steps:
1) training for conduct of attestation;
2) passing established normative standards on determination of professional suitability;
3) computer testing of a servant, subject to attestation on knowledge of the legislation of the Republic of Kazakhstan and logical thinking;
3-1) attending the polygraphological research;
4) interview with a servant, conducted by attestation commission;
5) delivery of decision of attestation commission.
Footnote. Article 47 as amended by the Laws of the Republic of Kazakhstan dated 09.11.2011 No. 490-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 27.04.2012 No. 15-V (shall be enforced from the date of its first official publication); dated 21.05.2013 No. 93-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 29.10.2015 No. 374-V (shall be enforced upon expiry of ten calendar days after its first official publication).
1. Unscheduled attestation shall be conducted by decision of the President of the Republic of Kazakhstan, determining its procedure, terms and categories of attesting servants.
2. One of the following decisions shall be adopted by attestation commission following the results of unscheduled attestation:
1) conforms to the held office and recommended for admission to personnel reserve or nomination to superior office;
2) conforms to the held office;
3) not conforms to the held office and recommended to reduction in office;
4) not conforms to the held office and recommended to transfer to other service (office);
5) not conforms to the held office and recommended to dismissal.
3. In case of failure to pass normative standards of professional suitability and receiving the grade lower than threshold grade upon testing, the attestation commission shall adopt one of the following decisions, provided by subparagraphs 3), 4) and 5) of paragraph 2 of the Article.
4. Servants, being absent at the meeting of attestation commission for two times without reasonable excuse shall be recommended to dismissal in the manner, established by the Law.
5. Servants of law enforcement bodies, not passed the unscheduled attestation and (or) refused to continue the service in law enforcement bodies in other offices, as well as in inferior offices, shall be subject to dismissal in the manner, established by the Law.
Footnote. Chapter 6 is supplemented by Article 47-1 in accordance with the Law of the Republic of Kazakhstan dated 27.04.2012 No. 15-V (shall be enforced from the date of its first official publication).
1. Upon maturity of conducting the attestation on instruction of a head of law enforcement agencies or authorized head, the relevant Human Resources shall organize the training to conduct the attestation.
2. Training shall include the following:
1) development of schedule for conduct of attestation;
2) organization of explanatory work on the purposes and procedure for conducting the attestation;
3) determination of terms and place for conduct of test;
4) preparation of necessary documents on attesting employees.
The procedure and conditions of passing the computer testing of employee, subject to attestation on knowledge of the legislation of the Republic of Kazakhstan and logical thinking, normative standards on determination of professional suitability, as well as threshold grades for the categories of offices (hereinafter – threshold grades) shall be established by the regulatory legal acts of law enforcement bodies.
3. Human Resources of law enforcement agencies shall determine the employees, subject to attestation once every six months in accordance with this Law.
4. A head on recommendation of Human Resources shall approve the list of employees, subject to attestation, and the terms of its conduct.
5. Human Resources shall notify employees in written on the terms of conducting the attestation no later than one month before beginning of its conduct.
6. The character certificate shall be executed for an employee, subject to attestation and shall be sent to Human Resources no later than three weeks before the meeting of attestation commission.
7. Character certificate shall contain objective and validated assessment of professional, personal qualities and results of service activity of a servant, subject to attestation for the period, composed of his (her) three years permanent being at service in a system of law enforcement bodies and term, passed after this before conducted attestation.
8. Immediate head shall be obliged to familiarize a servant with his (her) presented character certificate against signature no later than two weeks before meeting of attestation commission.
9. An employee shall have the right to file a complaint on his (her) disagreement with his (her) presented character certificate and provide additional information, characterizing him (her) in Human Resources.
10. Human Resources shall send the collected attestation materials to attestation commission no later than a week before its meeting.
Footnote. Article 48 as amended by the Laws of the Republic of Kazakhstan dated 27.04.2012 No. 15-V (shall be enforced from the date of its first official publication); dated 21.05.2013 No. 93-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 29.10.2015 No. 374-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 03.07.2017 No. 84-VI (shall be enforced upon expiry of ten calendar days after its first official publication).
1. Head shall approve the composition of attestation commission and its work schedule relying on recommendation of Human Resources.
2. The composition of attestation commission shall contain no less than five members.
Substitution of absent members of attestation commission shall not be allowed.
3. Secretary of attestation commission shall be a representative of Human Resources that shall be determined by its head.
Secretary of attestation commission shall carry out organization support of its work and shall not have the right to participate in voting.
4. Several attestation commissions may be established dependingon referral of work of law enforcement body, organization of establishment of law enforcement body or state institution of law enforcement body.
5. A head of attestation commission and its members shall hold the same or higher office, than servants, subject to attestation.
6. Heads of structural subdivisions, representatives of Human Resources (or persons, to which these subdivisions are accountable to), as well as other employees of law enforcement agencies, educational organizations of law enforcement agencies or state institutions of law enforcement agencies shall be included to the composition of attestation commission, with the exception of employees, passing the attestation.
7. Meeting of attestation commission shall be legally qualified, if no less than two-thirds of its composition attends it.
8. Decision of attestation commission shall be adopted by open voting and shall be considered as adopted, if majority of votes are given from among attending members of attestation commission at the meeting. In case of equality of votes, the decision shall be considered as adopted for which a chairman of attestation commission voted.
Footnote. Article 49 as amended by the Law of the Republic of Kazakhstan dated 29.10.2015 No. 374-V (shall be enforced upon expiry of ten calendar days after its first official publication).
1. Servants that passed established normative standards on determination of professional suitability upon the first or repeated attestation shall be admitted to interview, with the exception of servants of prosecution bodies, receiving a grade that is higher than threshold grade upon conduct of testing.
2. Servants, not passed the established normative standards on determination of professional suitability or received a grade that is lower than threshold grade upon conduct of testing shall not be admitted to interview and shall be subject to repeated attestation by decision of attestation commission in the manner, determined by the Law.
3. Interview with attesting a servant shall be conducted at the meeting of attestation commission.
4. Servants that were absent at the meeting of attestation commission on the basis of reasonable excuses shall be interviewed after attendance at service.
5. In case of absence of a servant at the meeting of attestation commission without reasonable excuses, the attestation commission shall adopt decision on repeated attestation of a servant in the manner, determined by the Law.
6. Following the results of interview, the attestation commission shall adopt one of the following decisions:
1) conforms to the held office and recommended for admission to personnel reserve or nomination to superior office;
2) conforms to the held office;
3) subject to repeated attestation;
4) not conforms to the held office and recommended to reduction in office.
7. Decision of attestation commission shall be executed in the minutes within three business days that shall be signed by members of attestation commission, attending at its meeting and secretary.
8. Human Resources shall inscribe decision of attestation commission in appraisal sheet of an employee that shall familiarize with decision against signature within three business days from the date of its adoption.
8-1. In case of detecting the facts of falsification of testing results or passing the normative standards on determination of professional suitability, the decision of attestation commission shall be subject to revocation by superior attestation or superior head of law enforcement body.
9. Appraisal sheet of a servant, passed the attestation and his (her) character certificate shall be kept in personal record.
Footnote. Article 50 as amended by the Law of the Republic of Kazakhstan dated 27.04.2012 No. 15-V (shall be enforced from the date of its first official publication); dated 29.10.2015 No. 374-V (shall be enforced upon expiry of ten calendar days after its first official publication).
1. Re-attestation shall be conducted no sooner than three months and no later than six months from the date of conduct of the first attestation.
2. Servants, not passed the established normative standards on determination of professional suitability upon re-attestation or received a grade that is lower than threshold grade upon testing, as well as in case of absent at the meeting of attestation commission without reasonable excuses on decision of attestation commission shall be recommended to reduction in office or dismissal in the manner, established by the Law.
3. Attestation commission shall adopt one of the following decisions after re-attestation:
1) comply with the held office;
2) not comply with the held office and is recommended to reduction in office;
3) not comply with the held office and is recommended to dismissal.
4. Adoption of decision by attestation commission on non-conformity of a servant to the held office with recommendation on dismissal shall be the negative result of attestation.
Decision of attestation commission may be the one of the grounds for admission of a servant to personnel reserve, nomination of a servant to superior office, reduction of a servant in office or his (her) dismissal.
Decision of attestation commission may be appealed by a servant to a head of law enforcement body or authorized head in monthly term and (or) in judicial proceeding.
Footnote. Article 53 as amended by the Law of the Republic of Kazakhstan dated 21.05.2013 No. 93-V (shall be enforced upon expiry of ten calendar days after its first official publication).
1. A program of post attestation development shall be composed in respect of an employee who has passed attestation, aimed to improving professional competence of an employee.
2. The program shall be effect until the next attestation of an employee in accordance with the terms determined by this Law, and shall be approved by a head or authorized head of law enforcement agencies.
Footnote. Chapter 6 is supplemented by Article 53-1 in accordance with the Law of the Republic of Kazakhstan dated 29.10.2015 No. 374-V (shall be enforced upon expiry of ten calendar days after its first official publication).
Footnote. Title of Chapter 7 is in the wording of the Law of the Republic of Kazakhstan dated 29.10.2015 No. 374-V (shall be enforced upon expiry of ten calendar days after its first official publication).
1. Official disciplinary at law enforcement service shall be compulsory compliance with norms and rules, established by the legislation of the Republic of Kazakhstan, acts of heads of law enforcement bodies and authorized heads.
2. A head of law enforcement body and authorized head shall bear responsibility for the state of official discipline among the subordinated persons.
3. For the purpose of ensuring and strengthening of official discipline, a head of law enforcement agencies or authorized head may use incentives against employees and cadets of educational organization of law enforcement agencies, and they may be imposed by disciplinary penalties, provided by this Law.
4. The system for assessing severity of disciplinary offenses and procedure for formation of disciplinary responsibility (proactive role strengthening in disciplinary practice) shall be approved by the President of the Republic of Kazakhstan.
Footnote. Article 54 as amended by the Law of the Republic of Kazakhstan dated 21.05.2013 No. 93-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 29.10.2015 No. 374-V (shall be enforced upon expiry of ten calendar days after its first official publication).
1. In the purpose of studying the condition of moral and psychological climate in subdivisions of the law enforcement agencies, annual sociological monitoring shall be conducted.
The procedure and methodic of annual sociological monitoring of condition of moral and psychological climate in subdivisions of law enforcement agencies shall be determined by a head of law enforcement agencies.
2. A head of law enforcement agencies, an authorized head of law enforcement agencies and an employees holding head offices shall be personally responsible for condition of moral and psychological climate in the entrusted subdivisions.
Footnote. Chapter 7 is supplemented by Article 54-1 in accordance with the Law of the Republic of Kazakhstan dated в 29.10.2015 No. 374-V (shall be enforced upon expiry of ten calendar days after its first official publication).
1. For exemplary fulfillment of obligations and achievement of high results in service activity, the an employees and cadets of educational organization of law enforcement agencies shall be provided by the following types of incentives:
1) expression of gratitude;
2) lump sum pecuniary recompense;
3) awarding of valuable gift;
4) awarding of certificate of merit;
5) awarding of certificate of Honour;
6) awarding of departmental award and lapel badge of merit of law enforcement body;
7) advanced awarding (establishing) of the next special rank, class rank or qualification class;
8) entering in book of Honour or on honours Board;
9) awarding of the title of honour;
10) other types of incentives, provided by the regulatory legal acts of law enforcement bodies.
The procedure for using incentives to a an employee, provided by this Article shall be established by the regulatory legal acts of law enforcement agencies.
2. Advanced removal of previously imposed disciplinary penalty on a servant may be used in capacity of incentive.
3. Incentives shall be executed by the orders.
4. Incentives in the type of provision of extraordinary dismissal from location of educational organization may be used in educational organizations of law enforcement bodies.
5. Servants may be recommended to awarding of state awards for special merits in accordance with the legislation of the Republic of Kazakhstan.
Footnote. Article 55 as amended by the Law of the Republic of Kazakhstan dated 07.11.2014 No. 248-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 29.10.2015 No. 374-V (shall be enforced upon expiry of ten calendar days after its first official publication).
1. Disciplinary penalties in law enforcement bodies shall be a measure of disciplinary responsibility.
2. The following types of penalties may be imposed on servants for non-fulfillment or improper fulfillment of employment duties:
1) comment;
2) reprimand;
3) severe reprimand;
4) prevention on incomplete official conformity;
5) dismissal from the held office;
6) reduction in special rank, class rank or qualification class for one grade;
7) dismissal from law enforcement body;
8) dismissal from law enforcement body with deprivation of titles of honour, lapel badges, awarded or promoted by heads of law enforcement body or authorized heads;
9) dismissal from law enforcement body with deprivation of special rank or class rank. Disciplinary penalty, provided by subparagraph 9) of this paragraph shall be applied in case of dismissal of a servant on negative appeal, provided by subparagraphs 13) and 14) of paragraph 1 of Article 80 of the Law of the Republic of Kazakhstan “On law enforcement service”.
3. The following disciplinary penalties may be imposed on cadets in educational organizations of law enforcement agencies, besides disciplinary penalties, provided by this Article:
1) appointment on duty out of turn (with the exception of appointment on duty on security of subdivision’s protection);
2) deprivation of the next dismissal from location of educational organization of law enforcement body;
3) expulsion from educational organization of law enforcement body.
Footnote. Article 56 as amended by the Laws of the Republic of Kazakhstan dated 09.11.2011 No. 490-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 21.05.2013 No. 93-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 07.11.2014 No. 248-V (shall be enforced upon expiry of ten calendar days after its first official publication).
1. The ground of imposition of a penalty shall be commission of disciplinary infraction by a servant.
2. Existence of guilty of a servant, gravity and circumstances of committed disciplinary infraction, identity of a servant and his (her) referral to service, ensuing of negative consequences and infliction of damage to image of law enforcement body shall be considered upon imposition of disciplinary penalty and determination of its type.
Procedure and conditions for bringing to disciplinary responsibility shall be determined by the regulatory legal acts of law enforcement bodies.
3. Upon commission of disciplinary infraction by a servant, he (she) shall be requested by written statement of explanation. If a servant is agreed with the fact of his (her) commission of this disciplinary infraction according to written statement of explanation, a head of law enforcement body or authorized body shall have the right to impose penalty without conducting official investigation.
In case if a servant in his (her) written statement of explanation is not agreed with the fact of his (her) commission of disciplinary infraction, the official investigation shall be conducted under the order of a head of law enforcement body or authorized head.
4. Imposition in the form of notification on incomplete official conformity, dismissal from the held office and dismissal shall be imposed in view of the results of conducted official investigation and the relevant recommendations of disciplinary committee.
The procedure for establishment and work of disciplinary committee shall be determined by a head of law enforcement body.
5. Upon commission of disciplinary infraction, committed jointly by several servants, the penalties shall be imposed on each of guilty servant severally.
6. For each case of violation of official discipline, only one disciplinary infraction may be imposed.
7. Imposition of penalty shall not release a servant, committed disciplinary infraction from fulfillment of the obligation, for non-fulfillment or improper fulfillment of which the penalty was imposed.
8. The order on imposition of disciplinary infraction shall be notified to a servant, subject to disciplinary penalty against signature within three business days from the date of its issuance.
9. Refusal from familiarization with order on imposition of disciplinary penalty shall be executed in the act that shall be drawn up by Human Resources of law enforcement body and shall be registered in the special journal.
In case of impossibility to familiarize an employee with the order on imposition of disciplinary penalty in person, the personnel service of law enforcement body shall be obliged to send a copy of the order on imposition of disciplinary penalty to an employee by letter of notification.