On the civil service of the Republic of Kazakhstan
Unofficial translation
The Law of the Republic of Kazakhstan dated 23 November 2015 № 416-IV LRK.
Unofficial translation
This Law governs social relations associated with joining the civil service of the Republic of Kazakhstan, with its performance, termination, defines the legal status, financial security and social protection of civil servants, as well as the activity of other persons working for state bodies.
Chapter 1. GENERAL PROVISIONS
Article 1. Basic definitions used in this Law
The following basic definitions are used in this Law:
1) corps “A” – administrative civil service positions at the management level, for which a special procedure for selection to the personnel reserve, competitive selection, performance and termination of the civil service is provided, as well as special qualification requirements;
2) the personnel reserve of corps “A” administrative civil service - a systematized list of citizens of the Republic of Kazakhstan applying for vacant or temporarily vacant corps “A” administrative civil service positions, which is formed in the manner prescribed by the legislation of the Republic of Kazakhstan;
3) corps “B” – administrative civil service positions not included in corps “A”;
4) bonus - a monetary payment to civil servants subsequent to the results of assessment of their efficiency in the manner prescribed by the legislation of the Republic of Kazakhstan;
5) qualification requirements - requirements to the education, work experience and competencies of citizens applying for a civil service position;
6) the civil service of the Republic of Kazakhstan (hereinafter referred to as the civil service) – the activity that civil servants perform in the state bodies to exercise their official powers, which is aimed at the implementation of tasks and functions of the state power;
7) competencies - the total of knowledge, skills and experience required to efficiently perform professional activity required by a particular civil service position;
8) an official - a person who permanently, temporarily or by special authority exercises functions of a representative of state power or performs organizational and managerial, administrative and economic functions in the state bodies;
9) official powers - rights and duties envisaged by a particular civil service position that meet the goals and tasks faced by state bodies for which civil servants work;
9-1) is excluded by the Law of the Republic of Kazakhstan dated 26.11.2019 No. 273-VI (shall be enforced upon expiry of ten calendar days after the day of its first official publication);
10) an administrative civil servant - a civil servant who carries out his/her activity on a permanent professional basis, except for cases stipulated by laws of the Republic of Kazakhstan and acts of the President of the Republic of Kazakhstan;
11) the category of an administrative civil service position– a set of administrative civil service positions with relevant qualification requirements;
12) a civil servant - a citizen of the Republic of Kazakhstan, who holds a civil service position in a state body under the legislation of the Republic of Kazakhstan, which is paid for from the republican or local budgets or from the funds of the National Bank of the Republic of Kazakhstan and exercises official powers to implement the tasks and functions of the state;
13)civil service ethics (hereinafter referred to as service ethics) - rules of conduct of civil servants prescribed by this Law and the Civil Service Code of the Republic of Kazakhstan;
13-1) direct supervisor of a civil servant - a person higher in public office, in relation to whom the civil servant is directly subordinate in accordance with his job description;
14) the authorized body for public service affairs (hereinafter referred to as the authorized body) - the central state body implementing the unified state policy in the field of public service;
15) a civil service position - a staffing structure unit of a state body that is entrusted with a range of official powers established by regulatory legal acts;
16) a political civil servant – a civil servant, whose appointment (selection), dismissal and activity are associated with policymaking, who is responsible for implementation of political goals and objectives;
17) conflict of interest - a contradiction between personal interests of a civil servant and his/her official powers, which may lead to the failure or improper performance of official powers by a civil servant because of personal interests;
18) a mentor - a civil servant assigned to render practical assistance in professional adaptation to another civil servant admitted to the civil service for the first time;
18-1) an operator for technical support of testing procedures and the uninterrupted operation of a unified automated database (information system) for public service personnel (hereinafter - the operator) - a legal entity determined by the Government of the Republic of Kazakhstan, which is entrusted with the technical support of testing procedures for civil servants, candidates for holding public positions and other citizens, maintenance and administration of a unified automated database (information system) for public service personnel;
19) lower position - a public service position of administrative civil servants of block “B”, which, in accordance with the register of positions, is a lower position in a lower category of positions provided for in the staffing table of a state body;
20) a temporarily vacant civil service position - a civil service position temporarily vacant in connection with the secondment of a civil servant holding this civil service position, his/her being on a social leave or training within a state order, as well as his/her absence from the workplace for more than two months in a row due to illness, if the latter is included in the list of diseases, approved by the state health care authority, for which a longer period of incapacity for work is set;
21) an authorized commission - a commission for considering the admission of citizens of the Republic of Kazakhstan to the administrative civil service, its performance and termination, as well as involvement of foreign employees in state bodies, whose status and composition are approved by the President of the Republic of Kazakhstan;
22) premium – monetary payment in addition to the official salary, set for a corps “B” administrative civil servantaccording to the procedure established by the legislation of the Republic of Kazakhstan;
23) secondment - civil servants’ holding of civil service positions in other state bodies, foreign missions of the Republic of Kazakhstan and other institutions with concurrent security of their previous place of employment (civil service position) according to the procedure established by the legislation of the Republic of Kazakhstan.
Footnote. Article 1 as amended by the Law of the Republic of Kazakhstan dated 06.04.2016 № 484-V (shall be enforced upon expiry of ten calendar days after the day its first official publication); dated 26.11.2019 No. 273-VI (shall be enforced upon expiry of ten calendar days after the day of its first official publication).