Approved by Executive order
regional akim's office
from January 3, 2019 # 2
Position
about the ethics Commissioner
General provisions
Ethics Commissioner – a civil servant who performs activities to ensure compliance with the norms 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 their functions.
The ethics Commissioner is guided in his activities by the laws of the Republic of Kazakhstan dated November 23, 2015 "on public service of the Republic of Kazakhstan", November 18, 2015 "on anti-corruption", the code of Ethics, this Regulation
300, niem, as well as other acts of 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 state bodies that do not have territorial divisions or territorial divisions of departments (except for 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 mayors of cities of regional significance, districts, areas in the cities of the functions of the Commissioner for ethics is entrusted to employees of these state agencies.
The functions of the ethics Commissioner are assigned to a civil servant who holds a managerial position, as well as who has earned recognition and respect in the team.
Footnote. Paragraph 2 as amended by the Decree of the President of the Republic of Kazakhstan dated 01.06.2017 No. 487 (effective from the date of the first official publication).
Persons holding independent office of the Commissioner for ethics, co-ordinate and implement methodological guidance of commissioners for the ethics departments and territorial divisions, diplomatic missions, local Executive bodies and regional levels, within the data structure state agencies, and submit to the Executive Secretary of the Central Executive body, and in cases of absence of responsible secretaries or officials – the chief of staff of the state body or the person entitled to appoint and remove from office.
Footnote. Paragraph 3 as amended by the Decree of the President of the Republic of Kazakhstan dated 01.06.2017 No. 487 (effective from the date of the first official publication).
Main functions of the ethics Commissioner
The ethics Commissioner, within the scope of his / her competence, performs the following functions:
1) provides advice 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 law;
3) on the instructions of the public authority in which he works, is considering appeals of individuals and legal entities on violations of the norms of official ethics by public officials;
4) promotes a culture of relations, corresponding to generally accepted moral and ethical standards in the team;
5) in cases of violation of rights and legitimate interests of public servants taking measures aimed at their protection and restoration;
6) monitoring and control over observance of norms of office ethics of state servants;
7) inform the state authority about the cases of failure of heads of structural divisions of state bodies of the appropriate measures in cases of violations of ethics;
8) in cases of violation by public officials of the Republic of Kazakhstan legislation in the sphere of public service, combating corruption and Ethical code of conducts analysis of the causes and conditions conducive to Commission of offences and bringing to the leadership of the state on recommendations for their elimination;
9) in order to prevent violations of the law of the Republic of Kazakhstan in the sphere of public service, combating corruption and the code of Ethics, as well as creating a positive image of the public service interacts with civil society institutions and state bodies;
10) always holds with public officials awareness on the issues of observance of the legislation of the Republic of Kazakhstan in the sphere of public service, combating corruption and code of Ethics;
11) in accordance with the legislation refers to relevant officials with a proposal to consider the responsibilities of public servants in breach of the business ethics;
12) perform other activities to prevent violations of ethics.
To perform the assigned functions, the ethics Commissioner:
1) requests and receives information and documents necessary for the analysis of the reasons and conditions that contribute 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 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) submit to the head of the state body on encouraging individuals who have made significant contribution to formation of positive image of the public authority and 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 in cases of receiving an unjustified refusal, failure to take appropriate measures by the head of the state body, or performing actions (inaction) 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 activities of the ethics Commissioner
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 shall carry 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 deadlines 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 posted in places 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 proper transmission of information.
In accordance with the procedure established by law, information about the ethics Commissioner, including last name, initials, photo, office and phone numbers, is posted on the Internet resource of the state body and in places available for public viewing in the building of the state body.
In order to monitor compliance with the norms of service ethics, as well as the state of the moral and psychological climate in the team, the ethics Commissioner conducts an anonymous questionnaire in the form approved by the authorized body at least once every six months.
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