Ethical code of civil servants of the Republic of Kazakhstan

In order to increase the requirements for the moral character and business qualities of civil servants, I DECREE:

  1. Approve the attached documents:

 

  • code of Ethics of civil servants of the Republic of Kazakhstan (Rules of service ethics of civil servants);
  • Regulations on the ethics Commissioner.

 

  1. Recognize some decrees of the President of the Republic of Kazakhstan as invalid in accordance with the Annex to this Decree.
  2. This Decree comes into force on January 1, 2016 and is subject to official publication.

 

          President

Of The Republic Of Kazakhstan                                                             N. Nazarbayev

 

                                                                                             APPROVED

                                                                                            by Decree of the President

                                                                                           of The Republic Of Kazakhstan

                                                                                           from December 29, 2015 № 153

 

 

Ethical code of civil servants of the Republic of Kazakhstan

 

(Rules of Service Ethics for Civil Servants)

 

  1. General Provisions

 

  1. Carrying out the civil service is an expression of special trust on the part of society and the state and makes high demands on the moral and ethical appearance of civil servants.

The society expects that civil servants will invest all their forces, knowledge and experience in their professional activities, serve their homeland - the Republic of Kazakhstan impartially and honestly.

State employees in their activities should be committed to the policy of the First President of the Republic of Kazakhstan - Elbasy Nursultan Nazarbayev and consistently implement it.

 

  1. This Ethical Code of Civil Servants of the Republic of Kazakhstan (Rules of Service Ethics of Civil Servants) (hereinafter - the Code) in accordance with the Constitution of the Republic of Kazakhstan, the laws of the Republic of Kazakhstan of November 23, 2015 «On Public Service of the Republic of Kazakhstan» dated November 18, 2015 «On Counteracting Corruption», the generally accepted moral and ethical standards establishes the basic requirements for the moral and ethical appearance of civil servants, as well as the basic standards of their behavior.

The Code is aimed at strengthening public confidence in state bodies, forming a high culture of relations in the civil service and preventing cases of unethical behavior of civil servants.

 

  1. Heads of state bodies, in central executive bodies - responsible secretaries of central executive bodies or officials, who in the prescribed manner are entrusted with the powers of responsible secretaries of central executive bodies, and in cases of absence of responsible secretaries of central executive bodies or specified officials - heads of central executive bodies ensure the fulfillment of the requirements of this Code, the placement of the text of this Code sa in the buildings of state bodies in places accessible for public viewing.
  2. Государственный служащий в трехдневный срок после поступления на государственную службу должен быть в письменной форме ознакомлен с текстом настоящего Кодекса.

 

  1. General Standards of Conduct

 

  1. Civil servants must:

 

1) to contribute to strengthening the unity of the people of Kazakhstan and interethnic harmony in the country, to respectfully respect the state and other languages, traditions and customs of the people of Kazakhstan;

2) to be honest, fair, modest, respect the generally accepted moral and ethical standards, and treat citizens and colleagues with courtesy and correctness;

3) ensure the legality and fairness of the decisions they make;

4) ensure transparency in the adoption of decisions affecting the rights and legitimate interests of individuals and legal entities;

5) to resist actions that damage the interests of the state, hamper or reduce the effectiveness of public authorities;

6) raise their professional level and qualifications for effective performance of official duties, comply with the restrictions and prohibitions established by the laws of the Republic of Kazakhstan;

7) by their actions and behavior, do not give rise to criticism from the public, not to be persecuted for criticism, to use constructive criticism to eliminate shortcomings and improve their activities;

8) not use the official position to influence the activities of state bodies, organizations, civil servants and other persons when solving personal issues;

9) not disseminate information that does not correspond to reality;

10) to ensure the preservation of state property, rationally, effectively and only for official purposes to use the entrusted state property, including motor vehicles;

11) strictly observe the official discipline, conscientiously, impartially and qualitatively fulfill their official duties, rationally and effectively use working time;

12) on an ongoing basis take measures to improve the quality of public services provided, fully focusing on the needs of the public as a consumer of public services;

13) not allow the commission of misdemeanors and other offenses for which disciplinary, administrative or criminal liability is provided by law.

14) observe business etiquette and rules of official conduct.

The appearance of a civil servant in the performance of his official duties should contribute to strengthening the authority of the state apparatus, to conform to the generally accepted business style, which is distinguished by officiality, restraint and accuracy.

 

  1. Civil servants should not use their official position and related opportunities in the interests of public and religious associations, other non-profit organizations, including for propaganda of their attitude towards them.

Civil servants, including those in senior positions, cannot openly demonstrate their religious beliefs in the team, force subordinate employees to participate in the activities of public and religious associations, other non-profit organizations.

 

  1. Standards of conduct during off-duty hours

 

  1. Civil servants during off-duty hours should:

1) adhere to the generally accepted moral and ethical norms, not to allow cases of antisocial behavior, including being in public places in a state of intoxication, which offends human dignity and public morality;

2) show modesty, do not stress and do not use their official position when receiving the relevant services;

3) not to allow on its part violations of the requirements of legislation associated with infringement of public morals, order and security, and not involve other citizens in committing unlawful, antisocial actions.

 

  1. Standards of conduct in service relations

 

  1. Civil servants in service relations with colleagues should:

1) to promote the establishment and strengthening in the team of business and benevolent relationships and constructive cooperation;

2) to prevent or take other measures to prevent violations of standards of professional ethics from other public servants;

3) refrain from discussing the personal and professional qualities of colleagues defaming their honor and dignity in the team;

4) do not allow actions (inaction) that prevent colleagues from fulfilling their official duties.

  1. Managers in relations with subordinate employees should:

1) by his behavior serve as an example of impartiality, justice, disinterestedness, respect for the honor and dignity of the individual;

2) to ensure the observance of the principles of meritocracy, when dealing with personnel matters, not to give preferences on the basis of kinship, community and personal loyalty;

3) to exercise fairness and objectivity in evaluating the results of their activities, as well as applying incentives and penalties;

4) take measures to protect labor, health, create safe and necessary conditions for effective work, and create a favorable moral and psychological atmosphere that excludes any form of discrimination and attacks on the honor and dignity of employees;

5) not use the official position to influence their activities when solving non-official matters;

6) do not force to commit unlawful acts, as well as acts that are not compatible with generally accepted moral and ethical standards;

7) not to allow unfounded accusations, facts of rudeness, humiliation of dignity, tactlessness and incorrect behavior in relation to them.

 

  1. Civil servants holding inferior posts should:

1) when executing the instructions of managers to submit only objective and reliable information;

2) immediately notify the management and the ethics commissioner of the cases that have become known to them of violations of the norms of official ethics and disciplinary misconduct that discredit the public service;

3) do not allow actions (inaction) preventing the execution of legitimate orders of the head;

4) not allow for the management of manifestations of personal devotion, the desire to obtain benefits and benefits at the expense of their official capabilities.

 

  1. Standards of conduct related to public speaking, including in the media

 

  1. Public statements on the activities of the state body are carried out by its head or authorized officials of the state body.

Civil servants should conduct discussions in the correct form, without undermining the authority of the civil service.

  1. Civil servants should not publicly express their opinion on issues of public policy and performance if it:

 

1) does not correspond to the main directions of state policy;

2) disclose official information that is not permitted for publication;

3) contains unethical statements against state officials, government bodies, and other public servants.

 

  1. Publication by public servants on behalf of the state body on matters not related to the conduct of public policy, the activities of the state body and civil servants is prohibited. Publication of materials on pedagogical, scientific and other creative activities can be carried out by a civil servant only on his own behalf as a private person.
  2. When presenting an unjustified public accusation of corruption to a civil servant, he must take measures to refute it within a month from the date of detection of such an accusation.

 

POSITION

about the ethics commissioner

 

  1. General Provisions

 

  1. The Commissioner for Ethics is a public servant who carries out activities to ensure compliance with the norms of official ethics and prevention of violations of the legislation on public service, counteracting corruption and the Code of Ethics for civil servants of the Republic of Kazakhstan (hereinafter - the Code of Ethics), as well as advising civil servants within their functions and citizens.
  2. The Commissioner for Ethics is guided in its activity by the laws of the Republic of Kazakhstan of November 23, 2015, "On the Civil Service of the Republic of Kazakhstan", on November 18, 2015 "On Combating Corruption", the Code of Ethics, this Regulation, and other acts of legislation of the Republic of Kazakhstan.

The independent position of the ethics commissioner is introduced in the central state bodies (with the exception of law enforcement and special state bodies, as well as the Ministry of Defense of the Republic of Kazakhstan) that have territorial units or territorial subdivisions of departments, overseas institutions, as well as akims of provinces, cities of republican significance, capital.

In state bodies that do not have territorial subdivisions or territorial subdivisions of agencies (with the exception of law enforcement and special state bodies, as well as the Ministry of Defense of the Republic of Kazakhstan), departments and territorial subdivisions of central state bodies, territorial divisions of departments of central state bodies, overseas establishments, inspection commissions, apparatuses akims of cities of regional significance, districts, districts in cities, the function is authorized the Ethics assigned to the employees of these public bodies.

The functions of an ethics commissioner are assigned to a civil servant holding a managerial position, as well as having gained recognition and respect in the team.

  1. The persons occupying an independent post of the ethics commission coordinate and carry out the methodological guidance of the ethics commissioners of the departments and territorial divisions, overseas institutions, local executive bodies of the district levels included in the structure of the data of state bodies and submit to the executive secretary of the central executive body, and in cases absence of responsible secretaries or specified officials - to the head of the apparatus of the state body or to a person who has him the right to appoint and dismiss.

 

  1. The main functions of an ethics commissioner

 

  1. The Commissioner for Ethics shall, within the limits of its competence, exercise the following functions:

1) provides civil servants with advice on compliance with the requirements of the legislation of the Republic of Kazakhstan in the areas of public service, countering corruption and the Code of Ethics;

2) facilitates the observance by government officials of the restrictions and prohibitions established by laws;

3) on the instructions of the management of the state body in which he works, he examines appeals of individuals and legal entities on the facts of violation of the norms of official ethics by civil servants;

4) contributes to the formation of a culture of relationships corresponding to the generally accepted moral and ethical standards in the team;

5) in cases of violation of the rights and legitimate interests of civil servants, take measures aimed at their protection and restoration;

6) monitors and monitors the observance of the standards of official ethics by civil servants;

7) inform the management of the state body of cases of failure by the heads of the structural divisions of state bodies to take appropriate measures in cases of violation of the norms of official ethics;

8) in cases of violation by the civil servants of the legislation of the Republic of Kazakhstan in the spheres of civil service, countering corruption and the Code of Ethics, analyzes the causes and conditions that contribute to the commission of offenses and makes recommendations to the leadership of the state body on their elimination;

9) in order to prevent and prevent violations of the legislation of the Republic of Kazakhstan in the spheres of civil service, counteract corruption and the Code of Ethics, and also to create a positive image of the civil service, interact with civil society institutions and state bodies;

10) on an ongoing basis conducts explanatory work with government officials on compliance with the legislation of the Republic of Kazakhstan in the areas of public service, countering corruption and the Code of Ethics;

11) in accordance with the procedure established by the legislation, apply to the relevant officials with a proposal to review the responsibility of public servants who committed violations of the norms of official ethics;

12) carries out other activities in order to prevent violations of the norms of official ethics.

 

  1. For the performance of the functions assigned, the ethics commissioner:

1) requests and receives information and documents necessary for the analysis of the reasons and conditions that contribute to the violation of the legislation of the Republic of Kazakhstan in the spheres of civil service, countering corruption and the Code of Ethics;

2) on behalf of the state body in which he works, in accordance with the procedure established by law, he applies to the authorized body for civil service (hereinafter - the authorized body) for an explanation of the norms of the legislation of the Republic of Kazakhstan in the spheres of civil service, countering corruption, and the Code of Ethics;

3) make a proposal to the head of the state body to encourage persons who have made a significant contribution to the formation of a positive image of the state body and a positive climate in the team;

4) if necessary, when considering issues within its competence, the right to request and receive from the personnel service the personal files of civil servants, other materials and documents relating to the issues of passing the civil service.

  1. The Commissioner for Ethics shall notify the authorized body or its territorial subdivision in cases of receipt of an unjustified refusal, failure by the head of a state body to take appropriate measures or commit acts (inaction) preventing him from performing the functions of an ethics commissioner.

Upon receipt of such notification, the authorized body or its territorial subdivision shall take appropriate measures provided for by the legislation of the Republic of Kazakhstan in the sphere of public service.

 

  1. Organization of the activity of the Commissioner for Ethics

 

  1. In the presence of circumstances that give rise to reasonable doubts about the impartiality of the leaders of a state body (conflict of interests), which may lead to improper performance of official powers, the ethics commissioner carries out his activity on an independent basis.
  2. Based on the results of his activities, the ethics commissioner reports to the authorized body. The form and deadlines for submitting reports are approved by the authorized body.
  3. The Commissioner for Ethics accepts civil servants and other citizens on issues related to his functions, in case of their appeals, or at least once a month according to the schedule placed in places accessible for public viewing.

If necessary, a conversation with a citizen or a civil servant can be conducted by telephone or using other means of communication that ensure the proper transfer of information.

In accordance with the procedure established by law, information on the ethics commissioner, including the surname, initials, photograph, office numbers and telephones, is placed on the Internet resource of the state body and in places that are available for public viewing in the building of the state body.

  1. In order to monitor compliance with the norms of professional ethics, as well as the state of the moral and psychological climate in the team, at least once every six months the ethics commissioner conducts an anonymous questionnaire in the form approved by the authorized body.

 

                                                                                                      ANNEX

                                                                                           to the Decree of the President

                                                                                           of the Republic of Kazakhstan

                                                                                           from December 29, 2015 № 153

 

LIST

of some decrees that have become invalid

of President of Kazakhstan

 

  1. Decree of the President of the Republic of Kazakhstan dated may 3, 2005 No. 1567 «On the code of honor of civil servants of the Republic of Kazakhstan» (SAPP of the Republic of Kazakhstan, 2005, No. 19, article 225).
  2. Subparagraph 9) of paragraph 1 of the Decree of the President of the Republic of Kazakhstan dated November 27, 2007 No. 446 «On amendments and additions to the decrees of the President of the Republic of Kazakhstan» (SAPP of the Republic of Kazakhstan, 2007, No. 43, article 499).
  3. Decree of the President of the Republic of Kazakhstan dated April 1, 2011 No. 1180 «On amendments to the Decree of the President of the Republic of Kazakhstan dated may 3, 2005 No. 1567» (SAPP of the Republic of Kazakhstan, 2011, No. 30, article 365).
  4. Decree of the President of the Republic of Kazakhstan dated October 1, 2013 No. 651 «On amendments to the Decree of the President of the Republic of Kazakhstan dated may 3, 2005 No. 1567 «On the code of honor of civil servants of the Republic of Kazakhstan» (SAPP of the Republic of Kazakhstan 2013, No. 58, article 786).

 

 

 

Ethical code of civil servants of the Republic of Kazakhstan
Дата публикации
29 декабря 2015