In order to increase the requirements for the moral character and business qualities of civil servants, I DECREE:
1. Approve the attached documents:
1) Ethical code of civil servants of the Republic of Kazakhstan (Rules of service ethics of civil servants);
2) Regulations on the ethics Commissioner.
2. Recognize some decrees of the President of the Republic of Kazakhstan as invalid in accordance with the Annex to this Decree.
3. 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
Code of ethics for civil servants of the Republic of Kazakhstan
(Rules of official ethics of civil servants)
1. General provisions
1. Public service is an expression of special trust on the part of society and the state and places high demands on the moral and ethical image of public servants.
The company expects that civil servants will invest all their strength, knowledge and experience in their professional activities, impartially and honestly serve their Homeland – the Republic of Kazakhstan.
Civil servants 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.
Footnote. Item 1 as amended by decree of the President of the Republic of Kazakhstan dated 05.05.2017 No. 471.
2. The present code of Ethics of civil servants of Republic Kazakhstan (Rule of office ethics of state servants) (hereinafter – the Code) in accordance with the Constitution of the Republic of Kazakhstan, laws of the Republic of Kazakhstan from November 23, 2015 "On state service of the Republic of Kazakhstan", from November 18, 2015 "On combating corruption", the generally accepted moral and ethical standards establishes the basic requirements for moral and ethical image of civil servants, as well as basic standards of conduct.
The code is aimed at strengthening public confidence in state bodies, creating a high culture of relationships in the civil service and preventing cases of unethical behavior of public servants.
3. Heads of state bodies, in Central Executive bodies-responsible secretaries of Central Executive bodies or officials who are entrusted with the powers of responsible secretaries of Central Executive bodies in accordance with the established procedure, and in cases of absence of responsible secretaries of Central Executive bodies or specified officials – the heads of Central Executive bodies shall ensure that the requirements of this Code are met and that the text of this Code is placed in the buildings of state bodies in places accessible to the public.
4. a Civil servant must be familiarized with the text of this Code in writing within three days after entering the civil service.
2. General standards of conduct
5. Civil servants must:
1) contribute to strengthening the unity of the people of Kazakhstan and interethnic harmony in the country, respect the state and other languages, traditions and customs of the people of Kazakhstan;
2) be honest, fair, modest, comply with generally accepted moral and ethical standards, treat citizens and colleagues with courtesy and correctness;
3) ensure the legality and fairness of their decisions;
4) ensure transparency of decision-making affecting the rights and legitimate interests of individuals and legal entities;
5) resist actions that harm the interests of the state, hinder or reduce the effectiveness of the functioning of state bodies;
6) improve 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 society, do not allow prosecution for criticism, use constructive criticism to eliminate shortcomings and improve their activities;
8) not to use the official position to influence the activities of state bodies, organizations, civil servants and other persons when resolving personal issues;
9) not distribute information that does not correspond to reality;
10) ensure the safety of state property, efficiently, effectively and only for official purposes use the entrusted state property, including motor vehicles;
11) strictly observe official discipline, conscientiously, impartially and qualitatively perform their official duties, efficiently and effectively use working time;
12) take measures on a permanent basis to improve the quality of public services provided, fully focusing on the needs of the population as a consumer of public services;
13) prevent the Commission of misdemeanors and other offenses for which the law provides for disciplinary, administrative or criminal liability.
14) observe business etiquette and rules of official behavior.
The appearance of a civil servant in the performance of their official duties should contribute to strengthening the authority of the state apparatus, comply with the generally accepted business style, which is distinguished by formality, restraint and accuracy.
Footnote. Paragraph 5 was amended in Kazakh, the text in Russian is not changed by decree of the President of the Republic of Kazakhstan dated 24.01.2019 No. 828 (effective from the date of its first official publication).
6. 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 the promotion of their attitude to them.
Civil servants, including those in senior positions, may not openly demonstrate their religious beliefs in the collective, or force subordinate employees to participate in the activities of public and religious associations or other non-profit organizations.
3. Standards of off-duty behavior
7. Civil servants during off-duty hours must:
1) adhere to generally accepted moral and ethical standards, avoid cases of anti-social behavior, including being in public places in a state of intoxication that offends human dignity and public morality;
2) show modesty, do not emphasize or use their official position when receiving appropriate services;
3) not to allow for its part violations of the requirements of the law that involve an attack on public morality, order and security, and not to involve other citizens in committing illegal, anti-social actions.
4. Standards of conduct in official relations
8. Civil servants in official relations with colleagues must:
1) promote the establishment and strengthening of business and friendly relationships and constructive cooperation in the team;
2) to prevent or take other measures to prevent violations of professional ethics by other public servants;
3) refrain from discussing the personal and professional qualities of colleagues that discredit their honor and dignity in the team;
4) prevent actions (inaction) that prevent colleagues from fulfilling their official duties.
9. Managers in relations with subordinate employees must:
1) to serve as an example of impartiality, justice, selflessness, and respect for the honor and dignity of the individual by their behavior;
2) to ensure compliance with the principles of meritocracy, when dealing with personnel issues, not to give preference on the grounds of kinship, fraternity and personal loyalty;
3) show fairness and objectivity in evaluating the results of their activities, as well as applying incentives and penalties;
4) take measures aimed at protecting labor, health, creating safe and necessary conditions for effective work, as well as creating a favorable moral and psychological atmosphere that excludes any forms of discrimination and attacks on the honor and dignity of employees;
5) use official position to influence their activities in addressing issues of non-official nature;
6) don't be forced to commit illegal acts, and deeds are not compatible with common moral-ethic norms;
7) to prevent against them groundless charges, facts of rudeness, humiliation of dignity, tactlessness and improper behavior.
10. Civil servants who hold lower-level positions must:
1) provide only objective and reliable information when executing orders from managers;
2) immediately bring to the attention of the management and the ethics Commissioner about cases of violations of the norms of official ethics and disciplinary misconduct that discredit the public service that have become known to them;
3) prevent actions (inaction) that prevent the execution of lawful orders of the head;
4) to prevent the management from showing personal loyalty, striving to obtain benefits and advantages at the expense of their job opportunities.
5. standards of conduct related to public speaking,
including in the media
11. Public statements on the activities of a state body are made by its head or authorized officials of the state body.
Civil servants should conduct discussions in a correct manner, without undermining the authority of the civil service.
12. Civil servants should not publicly Express their opinions on public policy and performance issues if they are:
1) does not correspond to the main directions of state policy;
2) disclose proprietary information that is not authorized for disclosure;
3) contains unethical statements addressed to state officials, public administration bodies, and other public servants.
13. Publications by civil servants on behalf of a state body on issues not related to the conduct of state policy, the activities of the state body and civil servants are not allowed. Publication of materials on pedagogical, scientific and other creative activities may be carried out by a public servant only on his own behalf as a private person.
14. If a public official is charged with an unsubstantiated public charge of corruption, he must take measures to refute it within one month from the date of discovery of such an accusation.
APPROVED
President's decree
Of The Republic Of Kazakhstan
from December 29, 2015 No. 153
POSITION
about the ethics Commissioner
1. General provisions
1. 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.
2. 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, 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).
3. 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).
2. Main functions of the ethics Commissioner
4. the ethics Commissioner shall perform the following functions within the scope of his / her competence:
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) promote the observance by state employees established by laws and restrictions;
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) monitors and controls compliance with the norms of service ethics by civil servants;
7) inform the management of the state body of cases when the heads of structural divisions of state bodies do not take appropriate measures for violations 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, 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 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.
5. To perform the assigned functions, the ethics Commissioner:
1) requests and receives information and documents necessary for the analysis of the causes and conditions conducive to the violation by civil servants of the Republic of Kazakhstan legislation in the sphere of public service, combating corruption and code of Ethics;
2) on behalf of the public authority in which he works, in accordance with legislation applies to relevant competent authorities for clarification 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 state body and a positive climate in the team;
4) if necessary, in matters within its competence, may request and receive from personnel services the personal Affairs of public servants, and other material documents relating to matters of public service.
Footnote. Item 5 as amended by the decree of the President of the Republic of Kazakhstan dated 22.07.2019 No. 74.
6.the ethics Commissioner shall notify the authorized body for civil service Affairs (hereinafter referred to as the authorized body) or its territorial subdivision in cases of receiving an unjustified refusal, failure to take appropriate measures by the head of the state body or performing actions (inaction) that prevent 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.
Footnote. Item 6 as amended by decree of the President of the Republic of Kazakhstan dated 22.07.2019 No. 74.
3. Organization of the activities of the ethics Commissioner
7. 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.
8. 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.
9. 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.
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, the ethics Commissioner conducts an anonymous questionnaire in the form approved by the authorized body at least once every six months.
APPLICATION
to the Decree of the President of the Republic of Kazakhstan
from December 29, 2015 № 153
LIST
some decrees that have become invalid
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. The decree of the President of the Republic of Kazakhstan from April 1, 2011 № 1180 "About modification of the Decree of the President of the Republic of Kazakhstan dated may 3, 2005 № 1567" (SAPP of the Republic of Kazakhstan, 2011, № 30, p. 365).
4. The decree of the President of the Republic of Kazakhstan as of October 1, 2013 № 651 "On amendments to the decree of the President of the Republic of Kazakhstan dated may 3, 2005 № 1567 "About the Code of honor of civil servants of the Republic of Kazakhstan" (SAPP of the Republic of Kazakhstan, 2013, No. 58, article 786).