APPROVED
President's decree
Republic of Kazakhstan
No. 153 of December 29, 2015
POSITION
about the ethics Commissioner
Generalities
An ethics Commissioner is a civil servant who performs activities to ensure compliance with the standards of service ethics and prevent violations of the law on public service, anti-corruption and the code of Ethics of civil servants of the Republic of Kazakhstan (hereinafter-the code of Ethics), as well as advising civil servants and citizens within the scope of their functions.
The ethics Commissioner is guided in his activities by the laws of the Republic of Kazakhstan of November 23, 2015 "on public service of the Republic of Kazakhstan", of November 18, 2015 "on combating corruption", the code of Ethics, this Regulation, as well as other acts of the legislation of the Republic of Kazakhstan.
An independent office of the Commissioner for ethics is introduced in Central government agencies (excluding law enforcement and special state bodies, as well as the Ministry of defence of the Republic of Kazakhstan), which has territorial units or territorial divisions of departments, foreign institutions, and also akimats of oblasts, cities of Republican significance, the capital.
In government agencies, do not have territorial units or territorial divisions of the agencies (except law enforcement and special state bodies, as well as the Ministry of defence of the Republic of Kazakhstan), departments and territorial subdivisions of Central state organs, territorial subdivisions of the departments of the Central state bodies, diplomatic missions, audit committees, akimats of cities of regional value, district, district in cities functions of the Commissioner for ethics is entrusted to employees of these state agencies.
The functions of the ethics Commissioner are assigned to a public servant who holds a senior position, as well as who has earned recognition and respect in the team.
Persons holding an independent position of the ethics Commissioner coordinate and carry out methodological guidance of the ethics commissioners of departments and territorial divisions, foreign institutions, local Executive bodies of district levels that are part of the structure of these state bodies, and report to the Executive Secretary of the Central Executive body, and in the absence of responsible secretaries or specified officials – to the head of the state body's office or to a person who has the right to appoint and dismiss them.
Main functions of the ethics Commissioner
The ethics Commissioner performs the following functions within the scope of his competence:
1) provides public servants with advice on compliance with the requirements of the legislation of the Republic of Kazakhstan in the areas of public service, anti-corruption and the code of Ethics;
2) promotes compliance by civil servants with restrictions and prohibitions established by law;
3) on behalf of the management of the state body in which it works, it considers appeals of individuals and legal entities on the facts of violation of the norms of service ethics by public servants;
4) promotes the formation of a culture of relationships that corresponds to 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) monitor and control compliance with the standards of service ethics by public servants;
7) inform the management of the state body about cases of failure by the heads of structural divisions of state bodies to take appropriate measures on the facts of violation of the norms of service ethics;
8) in cases of violation by civil servants of the legislation of the Republic of Kazakhstan in the areas of public service, anti-corruption and the code of Ethics, analyze the causes and conditions that contribute to the Commission of offenses, and make recommendations to the management of the state body to eliminate them;
9) in order to prevent and prevent violations of the legislation of the Republic of Kazakhstan in the areas of public service, anti-corruption and the code of Ethics, as well as the formation of a positive image of the public service, it interacts with civil society institutions and state bodies;
10) regularly conducts explanatory work with civil servants on compliance with the legislation of the Republic of Kazakhstan in the areas of public service, anti-corruption and the code of Ethics;
11) in accordance with the procedure established by law, addresses the relevant officials with a proposal to consider the responsibility of public servants who have committed a violation of the norms of service ethics;
12) carries out other activities in order to prevent violations of service ethics.
To perform the assigned functions, the ethics Commissioner:
1) requests and receives information and documents necessary to analyze the reasons and conditions that contribute to the violation of the legislation of the Republic of Kazakhstan by civil servants in the areas of public service, anti-corruption and the code of Ethics;
2) on behalf of the public authority in which he works, in accordance with the legislation addresses in authorized body on civil service Affairs (hereinafter – the authorized body) for an explanation of the legislation of the Republic of Kazakhstan in the sphere of public service, combating corruption and code of Ethics;
3) make a proposal to the head of the state body to encourage people 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 related to its competence, it has the right to request and receive from the personnel service personal files of civil servants, other materials and documents related to issues of public service.
The ethics Commissioner shall notify the authorized body or its territorial division of this in the event that the head of the state body receives an unjustified refusal, fails to take appropriate measures, or performs actions (omissions) that hinder the performance of the functions of the ethics Commissioner.
Upon receipt of such notification, the authorized body or its territorial division shall take appropriate measures provided for by the legislation of the Republic of Kazakhstan in the field of public service.
Organization of the ethics Commissioner's activities
If there are circumstances that raise reasonable doubts about the impartiality of the heads of the state body (conflict of interests), which may lead to improper performance of official duties, the ethics Commissioner carries out his activities on an independent basis.
According to the results of its activities, the ethics Commissioner submits reports to the authorized body. The form and terms for submitting reports are approved by the authorized body.
The ethics Commissioner receives civil servants and other citizens on issues related to his / her functions in the event of their requests or at least once a month according to a schedule placed in places that are accessible to the public.
If necessary, a conversation with a citizen or civil servant can be conducted over the phone or using other means of communication that ensure the proper transmission of information.
In accordance with the procedure established by law, information about the ethics Commissioner, including the last name, initials, photo, office and phone numbers, is placed on the Internet resource of the state body and in places available for public viewing in the building of the state body.
10. In order to monitor compliance with the standards of service 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 survey in the form approved by the authorized body.