Note of the rcli!
This Law comes into force on January 1, 2016.
TABLE OF CONTENTS
PRESS RELEASE
This Law regulates public relations related to entering the civil service of the Republic of Kazakhstan, its passage, termination, determines the legal status, material security and social protection of civil servants, as well as the activities of other persons in state bodies.
Chapter 1. GENERAL PROVISIONS
Article 1. Basic concepts used in this Law
The following basic concepts are used in this Law:
1) building "A" – administrative state positions at the managerial level, for which there is a special procedure for selection to the personnel reserve, competitive selection, passage and termination of public service, as well as special qualification requirements;
2) a personnel reserve of administrative public service of corps "A" is formed in accordance with legislation of the Republic of Kazakhstan, systematic list of citizens of the Republic of Kazakhstan, applying for vacant or temporarily vacant administrative state posts of corps "A";
3) corps " B "– administrative public positions not included in corps " A";
4) bonus – a monetary payment established by a civil servant based on the results of evaluating the effectiveness of their activities in accordance with the legislation of the Republic of Kazakhstan;
5) qualification requirements – requirements for citizens applying for public office based on education, work experience and competencies;
6) the state service of the Republic of Kazakhstan (further – the state service) – activities of state servants in state structures on execution of powers of office, aimed at implementing the tasks and functions of state power;
7) competence – set of knowledge, skills and abilities required to effectively perform professional activities for a specific public office;
8) official – a person who permanently, temporarily or by special authority performs the functions of a representative of the government or performs organizational and administrative or administrative and economic functions in state bodies;
9) official powers – the rights and duties provided for by a specific state position that meet the goals and objectives of the state bodies in which civil servants carry out their activities;
9-1) is excluded By the law of the Republic of Kazakhstan dated 26.11.2019 No. 273-VI (entered into force upon the expiration of ten calendar days after the date of its first official publication);
10) administrative civil servant – a civil servant who carries out his activities on a permanent professional basis, except for cases stipulated by the laws of the Republic of Kazakhstan and acts of the President of the Republic of Kazakhstan;
11) category of administrative public office – a set of administrative public positions with the corresponding qualification requirements;
12) civil servant – a citizen of the Republic of Kazakhstan, which occupies in the legislation of the Republic of Kazakhstan paid from the Republican or local budgets or from the funds of the National Bank of the Republic of Kazakhstan public office by a public authority and exercising authority to implement tasks and functions of the state;
13) service ethics of civil servants (hereinafter – service ethics) – rules of conduct of civil servants established by this Law and the code of Ethics of civil servants of the Republic of Kazakhstan;
13-1) direct head of a civil servant − a person who is higher in a public position, in relation to whom the civil servant is directly subordinate in accordance with his job description;
14) authorized body for civil service Affairs (hereinafter referred to as the authorized body) – the Central state body that implements the unified state policy in the field of civil service;
15) state position – a structural staff unit of a state body, which is assigned the range of official powers established by normative legal acts;
16) political civil servant – a civil servant whose appointment (election), release and activities are of a political-defining nature, who is responsible for the implementation of political goals and objectives;
17) conflict of interests – a conflict between the personal interests of a civil servant and his official powers, in which the personal interests of a civil servant may lead to non-performance or improper performance of their official powers;
18) mentor – a civil servant assigned to a civil servant who is first employed in the civil service, providing practical assistance in his professional adaptation;
18-1) operator for technical support of testing procedures and smooth functioning of the unified automated database (information system) for civil service personnel (hereinafter – operator) – a legal entity determined by the Government of the Republic of Kazakhstan, which is responsible for technical support of testing procedures for civil servants, candidates for public positions and other citizens, maintenance and administration of the unified automated database (information system) for civil service personnel;
19) low-level position – a public position of administrative civil servants of the "B" corps, which, in accordance with the register of positions, is a lower-level position in the lower category of positions provided for in the staffing table of the state body;
20) temporarily vacant state position – a state position that is temporarily vacant due to secondment, the presence of a civil servant holding this state position on social leave or training on the basis of a state order, as well as his absence from the workplace for more than two months in a row due to illness, if the disease is included in the list of diseases for which a longer period of disability is established, approved by the authorized state body in the field of health;
21) authorized the Commission on consideration of questions of admission of citizens of the Republic of Kazakhstan on administrative public service, its passage and termination, as well as attracting to state bodies of foreign workers, the position and composition of which are approved by the President of the Republic of Kazakhstan;
22) allowance – a monetary allowance to the official salary established administrative public servant of corps "B" in the order determined by the legislation of the Republic of Kazakhstan;
23) secondment – employment state employees state posts in other state bodies, the diplomatic missions of the Republic of Kazakhstan and other organizations retaining the same place of work (public office) in the order established by the legislation of the Republic of Kazakhstan.
Footnote. Article 1 with amendments introduced by laws of RK from 06.04.2016 No. 484-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 26.11.2019 No. 273-VI (shall be enforced upon expiry of ten calendar days after its first official publication).
Article 2. Legislation of the Republic of Kazakhstan in the sphere of public service
1. The legal basis of the civil service is the Constitution of the Republic of Kazakhstan, the Labor code of the Republic of Kazakhstan, this Law, and other regulatory legal acts of the Republic of Kazakhstan.
2. If an international Treaty ratified by the Republic of Kazakhstan establishes other rules than those provided for in this Law, the rules of the international Treaty shall apply.
Article 3. Operation of this Law
1. This Law applies to:
1) all civil servants, except for cases when the Constitution, constitutional laws or other legislative acts of the Republic of Kazakhstan define a different legal status for them;
2) administrative civil servants appointed by local representative bodies or elected in accordance with the laws of the Republic of Kazakhstan, in the part not regulated by the laws of the Republic of Kazakhstan and acts of the President of the Republic of Kazakhstan;
3) civil servants undergoing law enforcement service, with the features provided for by the legislative acts of the Republic of Kazakhstan on law enforcement service.
2. This Law does not apply to:
1) persons performing maintenance and ensuring the functioning of state bodies;
2) employees and technical employees of the National Bank of the Republic of Kazakhstan and its departments, the authorized body for regulation, control and supervision of the financial market and financial organizations;
3) persons engaged in activities in state bodies on the basis of an employment contract in accordance with the labor legislation of the Republic of Kazakhstan, including foreign employees of state bodies.
Footnote. Article 3 as amended by the Law of the Republic of Kazakhstan dated 03.07.2019 No. 262-VI (effective from 01.01.2020).
Article 4. Basic principles of public service
1. the Civil service in the Republic of Kazakhstan is based on the following principles:
1) legality;
2) Kazakhstan's patriotism;