On measures to further improve the ethical standards and rules of conduct for civil servants of the Republic of Kazakhstan

    In order to increase the requirements for the moral and ethical image and business qualities of civil servants,  DECIDE:

1. To approve the attached:

1) Code of Ethics of Civil Servants of the Republic of Kazakhstan (Rules of Official Ethics of Civil Servants);

2) Regulation on the Ethics Commissioner.

2. To recognize as invalid some decrees of the President of the Republic of Kazakhstan in accordance with the appendix to this Decree.

3. This Decree comes into force on January 1, 2016 and is subject to official publication.

Ethical Code of Civil Servants of the Republic of Kazakhstan
(Rules of Ethics for Civil Servants)
1. General Provisions

1. Carrying out civil service is an expression of special trust on the part of society and the state and makes high demands on the moral and ethical image of civil servants.

The society expects that civil servants will invest all their strength, knowledge and experience in their professional activities, impartially and honestly serve their Motherland - 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.

2. This Ethical Code of Civil Servants of the Republic of Kazakhstan (Rules of Official Ethics of Civil Servants) (hereinafter - the Code) in accordance with the Constitution of the Republic of Kazakhstan, the laws of the Republic of Kazakhstan dated November 23, 2015 "On the Civil Service of the Republic of Kazakhstan", dated November 18, 2015 " On Combating Corruption ", the generally accepted moral and ethical standards establish the basic requirements for the moral and ethical image of civil servants, as well as basic standards of their behavior.

The Code is aimed at strengthening public confidence in state bodies, fostering a high culture of relationships in the civil service and preventing cases of unethical behavior of civil servants.

3. Heads of state bodies, in central executive bodies - executive secretaries of central executive bodies or officials who, in the prescribed manner, are entrusted with the powers of executive secretaries of central executive bodies, and in the absence of executive secretaries of central executive bodies or specified officials - heads of central executive bodies. bodies ensure the fulfillment of the requirements of this Code, the placement of the text of this Code in the buildings of state bodies in places accessible for public viewing.

4. A civil servant, within three days after entering the civil service, must be familiarized with the text of this Code in writing.

2. General standards of conduct

5. Civil servants should:

1) contribute to strengthening the unity of the people of Kazakhstan and interethnic harmony in the country, respectfully treat the state and other languages, traditions and customs of the people of Kazakhstan;

2) to be honest, fair, modest, to comply with generally accepted moral and ethical standards, to show politeness and correctness in dealing with citizens and colleagues;

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 damage the interests of the state, hinder or reduce the efficiency of the functioning of state bodies;

6) improve their professional level and qualifications for the 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 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 solving personal issues;

9) not to disseminate information that does not correspond to reality;

10) ensure the safety of state property, rationally, effectively and only for official purposes to use entrusted state property, including vehicles;

11) strictly observe official discipline, in good faith, impartially and efficiently perform their official duties, rationally and effectively use working time; 

12) take measures on an ongoing basis to improve the quality of public services provided, wholly focusing on the needs of the population as a consumer of public services;

13) prevent the commission of misdemeanors and other offenses for which disciplinary, administrative or criminal liability is provided for by law.

14) observe business etiquette and rules of official conduct.

The appearance of a civil servant in the performance of his official duties should help to strengthen the authority of the state apparatus, correspond to the generally accepted business style, which is distinguished by formality, restraint and accuracy.

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 towards them.

Civil servants, including those in leadership positions, cannot openly demonstrate their religious convictions in a team, force subordinate employees to participate in the activities of public and religious associations and other non-profit organizations.

3. Standards of conduct outside of office hours

7. Civil servants during off-duty hours must:

1) adhere to generally accepted moral and ethical standards, to prevent cases of antisocial 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 admit, on their part, violation of the requirements of the legislation, associated with an encroachment on public morality, order and safety, and not to involve other citizens in the commission of illegal, antisocial actions.

4. Standards of Conduct in Service Relations

8. Civil servants in official relations with colleagues should:

1) to promote the establishment and strengthening of business and friendly relationships and constructive cooperation in the team;

2) suppress or take other measures to prevent violations of the norms of official ethics by other civil servants;

3) refrain from discussing the personal and professional qualities of colleagues, denigrating their honor and dignity in the team;

4) not to allow actions (inaction) that prevent colleagues from performing their official duties.

9. Leaders in relations with subordinate employees must:

1) by their behavior serve as an example of impartiality, justice, disinterestedness, respect for the honor and dignity of the individual;

2) ensure the observance of the principles of meritocracy, when solving personnel issues, do not give preference on the basis of kinship, fellowship and personal loyalty;

3) to show fairness and objectivity in assessing the results of their activities, as well as in the application of incentives and penalties;

4) take measures aimed at labor protection, health, creation of safe and necessary conditions for effective activity, as well as the creation of a favorable moral and psychological atmosphere, excluding any forms of discrimination and infringements on the honor and dignity of employees;

5) not to use their official position to influence their activities in resolving issues of a non-official nature;

6) not to compel to commit illegal acts, as well as acts that are incompatible with generally accepted moral and ethical norms;

7) to prevent unfounded accusations, facts of rudeness, humiliation of dignity, tactlessness and incorrect behavior in relation to them.

10. Civil servants holding lower positions should:

1) when executing orders from managers, provide only objective and reliable information;

2) immediately notify the management and the ethics commissioner about cases of violations of official ethics and disciplinary misconduct that discredit the civil service that have become known to them;

3) not to allow actions (inaction) that impede the implementation of the legitimate orders of the head;

4) not to allow in relation to the leadership of the manifestations of personal loyalty, the desire to obtain benefits and advantages at the expense of their official capabilities.

5. Standards of conduct related to public speaking,
including in the media

11. Public speeches on the activities of a state body are carried out by its head or authorized officials of the state body.

Civil servants must 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:

1) does not correspond to the main directions of state policy;

2) discloses proprietary information that is not allowed to be made public;

3) contains unethical statements addressed to state officials, government bodies, and other civil 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 a state body and civil servants are not allowed. Publication of materials on pedagogical, scientific and other creative activities can be carried out by civil servants only on their own behalf as a private person.

14. When an unjustified public accusation of corruption is brought against a civil servant, he must take measures to refute it within a month from the date of discovery of such accusation.

POSITION
ethics commissioner
1. General Provisions

1. The Commissioner for Ethics is a civil servant who carries out activities to ensure compliance with the norms of official ethics and the prevention of violations of the legislation on the civil service, anti-corruption and the Ethical Code of civil servants of the Republic of Kazakhstan (hereinafter - the Ethical Code), as well as advising civil servants within the limits of his functions and citizens.

2. The Ethics Commissioner is guided in his activities by the laws of the Republic of Kazakhstan dated November 23, 2015 "On the public service of the Republic of Kazakhstan", dated 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 position of an 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) that have territorial subdivisions or territorial subdivisions of departments, foreign missions, as well as in the offices of akims of regions, cities of republican significance, the capital.

In state bodies that do not have territorial subdivisions or territorial subdivisions 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 subdivisions of central state bodies, territorial subdivisions of departments of central state bodies, foreign missions, audit commissions, apparatuses of akims of cities of regional significance, districts, districts in cities, the functions of the ethics commissioner are assigned to the employees of these state bodies.

    The functions of an ethics officer are vested in a civil servant in a leadership position who has earned recognition and respect in the team.

    3. Persons holding an independent position of the Commissioner for Ethics coordinate and carry out methodological guidance of ethics authorized departments and territorial divisions, foreign missions, local executive bodies of regional levels that are part of the structure of these state bodies, and are subordinate to the executive secretary of the central executive body, and in cases absence of executive secretaries or specified officials - to the head of the apparatus of a state body or to a person who has the right to appoint and dismiss.

2. The main functions of the ethics officer

4. The Ethics Commissioner, within his competence, performs the following functions:

1) provides civil 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 the restrictions and prohibitions established by laws;

3) on behalf of the management of the state body in which he works, considers applications of individuals and legal entities on the facts of violation of the norms of official ethics by civil servants; 

4) contributes to 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 controls the observance of the norms of official ethics by civil servants;

7) informs the leadership 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 civil service, anti-corruption and the Code of Ethics, analyzes the causes and conditions conducive to the commission of offenses, and makes recommendations to the leadership of the state body for their elimination;

9) in order to prevent and prevent violations of the legislation of the Republic of Kazakhstan in the spheres of civil service, combating corruption and the Code of Ethics, as well as forming a positive image of the civil service, interacts with civil society institutions and government bodies;

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 violated the norms of official ethics;

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

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

1) requests and receives information and documents necessary to analyze the reasons and conditions conducive 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 the manner prescribed by law, apply 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 his competence, he has the right to request and receive from the personnel service personal files of civil servants, other materials and documents related to issues of civil service.

6. The Ethics Commissioner, in cases of receiving an unjustified refusal, failure of the head of the state body to take appropriate measures or committing actions (inaction) that impede the performance of the functions of the Ethics Commissioner, shall notify the authorized body for civil service affairs (hereinafter - the authorized body) or its territorial subdivision.

Upon receipt of such a notification, the authorized body or its territorial subdivision shall take the appropriate measures provided for by the legislation of the Republic of Kazakhstan in the field of public service.

3. Organization of the activities of the ethics officer

7. If there are circumstances that give rise to reasonable doubts about the impartiality of the heads of the state body (conflict of interest), which may lead to improper performance of official powers, the ethics commissioner carries out his activities on an independent basis.

8. Based on the results of his activities, the ethics commissioner submits reports to the authorized body. The form and terms for submitting reports are approved by the authorized body.

9. The Ethics Commissioner receives civil servants and other citizens on issues related to his functions, in case of their requests, or at least once a month according to the schedule posted in places accessible for public viewing.

If necessary, a conversation with a citizen or civil servant can be conducted by telephone or using other means of communication that ensure the proper transfer of information.

In accordance with the procedure established by law, information about the Ethics Commissioner, including surname, initials, photograph, office and telephone numbers, is posted on the Internet resource of the state body and in places accessible for public viewing in the building of the state body.

10. 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 survey in the form approved by the authorized body.

SCROLL
invalidated some decrees
President of the Republic 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. Decree of the President of the Republic of Kazakhstan dated April 1, 2011 No. 1180 "On Amending the Decree of the President of the Republic of Kazakhstan dated May 3, 2005 No. 1567" (SAPP of the Republic of Kazakhstan, 2011, No. 30, art. 365).

4. Decree of the President of the Republic of Kazakhstan dated October 1, 2013 No. 651 "On Amendments to the 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 2013, No. 58, art . 786).