APPROVED By Presidential Decree

  1. General provisions
  2. Ethics Commissioner is a civil servant who carries out activities to ensure compliance with the norms of official ethics and prevention of violations of the legislation on public service, anti–corruption and the Code of Ethics of Civil Servants of the Republic of Kazakhstan (hereinafter referred to as the Code of Ethics), as well as advising civil servants and citizens within their functions.
  3. The Ethics Commissioner is guided in his activities by the laws of the Republic of Kazakhstan "On Public Service of the Republic of Kazakhstan", "On Combating Corruption", the Code of Ethics, this Regulation, as well as other legislative acts of the Republic of Kazakhstan.

An independent position of ethics commissioner is introduced in 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) with territorial divisions or territorial divisions of departments, foreign institutions, as well as in the offices of akims of regions, cities of republican significance, the capital.

In state bodies that do not have territorial divisions or territorial divisions of departments (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 divisions of central state bodies, territorial divisions of departments of central state bodies, foreign institutions, audit commissions, offices of akims of cities of regional significance, districts, districts in cities, the functions of the ethics commissioner are assigned to the adviser to the akim or to the adviser to the first head of the state body. In the absence of the position of adviser, the functions of the ethics commissioner are assigned to other employees of the above-mentioned state bodies.

The functions of the Ethics Commissioner are assigned to a civil servant who has gained recognition and respect in the team.

 

  1. Persons holding an independent position of the ethics commissioner are subordinate to the first head of the state body, coordinate the ethics commissioners of departments and territorial divisions, foreign institutions, local executive bodies of district levels included in the structure of these state bodies, and carry out methodological guidance to them.
  2. The main functions of the Ethics Commissioner
  3. The Ethics Commissioner, within the limits of his competence, performs the following functions:

1) provides advisory assistance to civil servants 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 laws;

3) on behalf of the management of the state body or within the framework of the powers granted by the head of the state body, considers the appeals of individuals and legal entities on the facts of violation of the norms of official ethics by civil 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) monitors and monitors compliance with the norms of official ethics by civil servants;

7) informs 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 official 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, analyzes the causes and conditions that contribute to the commission of offenses, and makes 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, interacts with civil society institutions and government agencies;

10) on an ongoing basis 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, appeals to the relevant officials with a proposal to consider the responsibility of civil servants who have committed a violation of the norms of official ethics;

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

  1. To perform the assigned functions, the Ethics Commissioner:

1) requests and receives information and documents necessary to analyze the causes and conditions contributing to the 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;

2) on behalf of the state body in which he works, in accordance with the procedure established by law, applies to the relevant authorized bodies for clarification of the norms of the legislation of the Republic of Kazakhstan in the areas of public service, anti-corruption, as well as the Code of Ethics;

3) makes 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 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.

  1. The Ethics Commissioner, in cases of receiving an unjustified refusal, failure by the head of the state body to take appropriate measures or committing actions (inaction) that hinder the performance of the functions of the ethics commissioner, notifies the authorized body for public service affairs (hereinafter referred to as the authorized body) or its territorial subdivision.

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 field of public service.

  1. Organization of the activities of the Ethics Commissioner
  2. In the presence of circumstances that cause reasonable doubts about the impartiality of the heads of the state body (conflict of interests), which may lead to improper performance of official powers, the Ethics Commissioner carries out his activities on an independent basis.
  3. According to the results of its activities, the Ethics Commissioner submits reports to the authorized body. The form and deadlines for submitting reports are approved by the authorized body.
  4. The Ethics Commissioner shall receive civil servants and other citizens on issues related to his functions, in case of their appeals or at least once a month according to a schedule posted in places accessible to the public.

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 transmission of information.

In accordance with the procedure established by law, information about the ethics commissioner, including surname, initials, photo, office and phone numbers, is posted on the Internet resource of the state body and in places accessible to the public in the building of the state body.

  1. In order to monitor compliance with the norms of official 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.
APPROVED By Presidential Decree
Дата публикации
01 июля 2023