For non-performance or improper performance of their official duties, civil servants bear civil, disciplinary, administrative, criminal liability in accordance with the laws of the Republic of Kazakhstan.
The basis for imposing a disciplinary penalty is the commission of a disciplinary offense by an administrative civil servant.
A disciplinary offense of a civil servant (hereinafter referred to as a misdemeanor) is an illegal, culpable failure to perform or improper performance by a civil servant of the duties assigned to him, abuse of official powers, violation of official discipline and official ethics, as well as non-compliance with the restrictions established by the laws of the Republic of Kazakhstan related to staying in public service.
Disciplinary offenses are also recognized as the voluntary dismissal of persons who have committed a disciplinary offense that entails dismissal for negative reasons, the unlawful appointment of persons to administrative state positions and (or) the dismissal of persons from administrative state positions, the unlawful imposition of disciplinary penalties on administrative state employees, the disclosure of the content of test tasks and other competitive issues, the deliberate rejection of measures to prevent and resolve conflicts of interest, failure to perform or improper performance of official duties to prevent the commission of corruption offenses by subordinate civil servants.
The following types of penalties are imposed on civil servants for committing a disciplinary offense:
1) remark;
2) reprimand;
3) severe reprimand;
4) warning about incomplete official compliance;
4-1) demotion in public office, with the exception of administrative civil servants who carry out their activities on an elected basis;
5) dismissal from a public position.
A disciplinary penalty is imposed no later than one month from the date of detection of the offense and cannot be imposed later than six months from the date of the offense.
A disciplinary penalty for committing disciplinary offenses that discredit the public service, provided for by this Law, is imposed no later than three months from the date of committing the offense.
A disciplinary penalty for violation of the budget legislation of the Republic of Kazakhstan is imposed no later than three months from the date of detection of the offense and cannot be imposed later than one year from the date of the offense.
The penalty cannot be applied during the period:
1) temporary disability of a civil servant;
2) the presence of a civil servant on vacation or business trip;
3) the release of a civil servant from the performance of his official duties for the duration of his performance of state or public duties;
4) finding a civil servant in training, retraining, advanced training courses and internships;
5) appeals by a civil servant in the manner established by the Laws of the Republic of Kazakhstan, acts of state bodies on the commission of a disciplinary offense by him.
When an administrative civil servant commits a disciplinary offense, a written explanation is required from him.
If an administrative civil servant commits a minor disciplinary offense, if he agrees in a written explanation with the fact that he committed this offense, the authorized person has the right to impose a penalty in the form of a remark, reprimand or severe reprimand without conducting an official investigation.
If an administrative civil servant does not agree with the fact of committing a misdemeanor in his written explanation, then an official investigation must be conducted by order of the authorized person in accordance with the procedure defined by these Rules.
In case of refusal of administrative civil servants to give a written explanation by employees of the personnel management service (HR service) or authorized officials, a corresponding act is drawn up.
Disciplinary penalties in the form of demotion, warnings about incomplete official compliance and dismissal from the position are imposed in accordance with the recommendations of the Commission based on the results of the internal investigation.
The person subjected to the penalty is notified about the imposed disciplinary penalty by the personnel management service (personnel service) of the relevant state body within three working days from the date of issuing the act on the imposition of the penalty under the signature. If the person subjected to the penalty refuses to confirm the familiarization with his signature, a corresponding entry is made about this in the act on the imposition of the penalty or an act is drawn up.
If it is impossible to familiarize a person who has been subjected to a penalty with the act of imposing a penalty, the personnel management service (HR service) sends him a copy of the act by letter with a notification.
If, as a result of an internal investigation, it is concluded that an administrative civil servant has committed actions that have possible signs of a criminal offense or an administrative offense, the authorized person immediately transmits the received materials to law enforcement or other bodies.
In cases of termination by a law enforcement agency of criminal proceedings against a civil servant, but if there are signs of disciplinary misconduct in his actions, the materials on the case are sent to the authorized body.
Disciplinary penalties are imposed by issuing orders, orders of an authorized person.
If an administrative civil servant is not subjected to a new disciplinary penalty within six months from the date of imposition of the penalty, he is considered not to have a disciplinary penalty.
The removal of a penalty in the form of demotion from an administrative civil servant does not entail his restoration to a previously held position.
The disciplinary penalty may be lifted before the expiration of six months, if the administrative civil servant has not committed a new offense and at the same time has shown himself to be a conscientious employee.
A disciplinary penalty that has not been lifted by the day of dismissal of an administrative civil servant is considered to be lifted from the day of his dismissal from a state body.
For the early removal of a disciplinary penalty, the direct head of the administrative civil servant on whom the penalty was imposed makes a corresponding submission to the authorized person.
In the case when the direct supervisor is an authorized person, the corresponding submission is made by the personnel management service.
The authorized person who imposed the penalty considers the submission within fifteen calendar days from the date of its receipt.
An administrative civil servant who is brought to disciplinary responsibility for committing a misdemeanor may have a representative.
It is prohibited to submit complaints for consideration to an authorized person whose actions are being appealed.
An appeal against a decision to impose a disciplinary penalty does not suspend its execution.
Ethics Commissioner of the State Institution "Department of Finance of the region" T. Belaya