In order to increase the requirements for the moral and moral appearance and business qualities of civil servants, I DECREE:
1. Approve the attached:
1) Ethical Code of Civil Servants of the Republic of Kazakhstan (Rules of service ethics of civil servants);
2) The Regulation on the Ethics Commissioner.
2. To recognize as invalid some decrees of the President of the Republic of Kazakhstan 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 the Decree of the President of the Republic of Kazakhstan dated December 29, 2015 No. 153 Ethical Code of Civil Servants of the Republic of Kazakhstan (Rules of service 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 appearance 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. Paragraph 1 as amended by the decree of the President dated 05.05.2017 No. 471. 2. Real Ethical code of civil servants of the Republic of Kazakhstan (Rules of ethics of civil servants) (hereinafter – the Code) in accordance with the Constitution of the Republic of Kazakhstan, laws of the Republic of Kazakhstan of November 23, 2015 "On public service of the Republic of Kazakhstan" dated 18 November 2015 "On combating corruption", the generally accepted moral and ethical standards establishes the basic requirements for moral and ethical appearance of civil servants, as well as the basic standards of their behavior. The Code is aimed at strengthening public confidence in state bodies, forming 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 - responsible secretaries of central executive bodies or officials to whom the powers of responsible secretaries of central executive bodies are assigned in accordance with the established procedure, and in cases of absence of responsible secretaries of central executive bodies or specified officials - heads of central executive bodies ensure compliance with the requirements of this Code, placement of the text of this Code in buildings of state bodies in places accessible for public viewing. 4. A civil servant must be acquainted 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, observe generally accepted moral and ethical standards, 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) to 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 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 official position to influence the activities of state bodies, organizations, civil servants and other persons in solving personal issues; 9) not to disseminate information that does not correspond to reality; 10) to ensure the safety of state property, to use the entrusted state property, including motor vehicles, rationally, efficiently and only for official purposes; 11) strictly observe official discipline, conscientiously, impartially and efficiently perform their official duties, rationally and effectively use working time; 12) to take measures on an ongoing basis to improve the quality of public services provided, fully focusing on the needs of the population as a consumer of public services; 13) to 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 his official duties should contribute to strengthening the authority of the state apparatus, correspond to the generally accepted business style, which is distinguished by formality, restraint and accuracy. Footnote. Paragraph 5 has been amended in Kazakh, the text in Russian is not changed by the 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 to promote their attitude towards them. Civil servants, including those holding senior positions, cannot openly demonstrate their religious beliefs in the collective, force subordinate employees to participate in the activities of public and religious associations, other non-profit organizations.
3. Standards of behavior during off-duty hours 7. Civil servants during off-duty hours must: 1) adhere to generally accepted moral and ethical norms, 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 and do not use your official position when receiving appropriate services; 3) to prevent violations of the requirements of the legislation on their part, involving an encroachment on public morality, order and security, and not to involve other citizens in committing illegal, antisocial actions. 4. Standards of conduct in official relations 8. Civil servants in official relations with colleagues must: 1) to 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 the norms of official ethics by other civil servants; 3) refrain from discussing the personal and professional qualities of colleagues who discredit their honor and dignity in the team; 4) to prevent actions (inaction) that prevent colleagues from fulfilling their official duties. 9. Managers in relations with subordinate employees should: 1) to serve as an example of impartiality, justice, selflessness, respect for the honor and dignity of the individual by their behavior; 2) to ensure compliance with the principles of meritocracy, when solving personnel issues, not to give preference on the grounds of kinship, fraternity and personal devotion; 3) to show fairness and objectivity in assessing the results of their activities, as well as the application of incentives and penalties; 4) take measures aimed at protecting labor, health, creating safe and necessary conditions for effective activity, as well as creating a favorable moral and psychological atmosphere that excludes any forms of discrimination and encroachments on the honor and dignity of employees; 5) not to use their official position to influence their activities in solving issues of an off-duty nature; 6) not to force to commit illegal acts, as well as acts incompatible with generally accepted moral and ethical norms; 7) to prevent unfounded accusations against them, facts of rudeness, humiliation of dignity, tactlessness and incorrect behavior. 10. Civil servants holding subordinate positions must: 1) when executing the instructions of managers, provide only objective and reliable information; 2) immediately inform the management and the ethics commissioner about the cases of violations of the norms of official ethics and disciplinary offenses discrediting the public service that have become known to them; 3) to prevent actions (inaction) that prevent the execution of lawful orders of the head; 4) to prevent the management from showing personal loyalty, striving for benefits and advantages at the expense of their official capabilities. 5. Standards of conduct related to public speaking, including in the media 11. Public statements on the activities of a state body are carried out by its head or authorized officials of the state body. Civil servants should conduct discussions in the correct form, without undermining the authority of the civil service. 12. Civil servants should not publicly express their opinion on issues of public policy and official activity, if it: 1) does not correspond to the main directions of state policy; 2) discloses official information that is not allowed to be made public; 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 a state body and civil servants are not allowed. The publication of materials on pedagogical, scientific and other creative activities may be carried out by a civil servant only on his own behalf as a private person. 14. If an unfounded 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 an accusation. APPROVED By Presidential Decree Of the Republic of Kazakhstan dated December 29, 2015 No. 153 REGULATION on the Ethics Commissioner 1. General provisions 1. 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 - 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 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 employees of these state bodies. The functions of the Ethics Commissioner are assigned to a civil servant who holds a managerial position, as well as who has gained 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 an independent position of an ethics commissioner coordinate and carry out methodological guidance of ethics commissioners of departments and territorial divisions, foreign institutions, local executive bodies of district levels included in the structure of these state bodies, and report to the executive secretary of the central executive body, and in the absence of responsible secretaries or specified officials – to the head of the staff of the state body or a person entitled to appoint and dismiss 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. The main functions of the Ethics Commissioner 4. 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 in which he works, 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) conducts explanatory work with civil servants on an ongoing basis 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. 5. 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. 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, 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. Footnote. Item 6 as amended by the 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. 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. 8. Based on 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 functions, in case of their appeals or at least once a month according to a schedule placed 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. 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 questionnaire in the form approved by the authorized body. application to the Decree of the President of the Republic of Kazakhstan dated December 29, 2015 No. 153 LIST of some decrees that have become invalid 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 Amendments to 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, Article 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, Article 786).