Note RCPI!
This Law comes into force on January 1, 2016.
table of contents
PRESS RELEASE
This Law regulates public relations related to admission to 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 issues of 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 a special procedure for selection to the personnel reserve, competitive selection, passage and termination of public service, as well as special qualification requirements are provided;
2) the personnel reserve of the administrative state service of the "A" corps is a systematized list of citizens of the Republic of Kazakhstan applying for vacant or temporarily vacant administrative state positions of the "A" corps, formed in accordance with the procedure established by the legislation of the Republic of Kazakhstan;
3) building "B" – administrative public positions not included in building "A";
4) bonus – a monetary payment established by a civil servant based on the results of an assessment of the effectiveness of their activities in accordance with the procedure established by the legislation of the Republic of Kazakhstan;
5) qualification requirements – requirements for citizens applying for a public position on education, work experience and competencies;
6) the state service of the Republic of Kazakhstan (hereinafter referred to as the state service) is the activity of civil servants in state bodies for the execution of official powers aimed at the implementation of the tasks and functions of state power;
7) competencies – a set of knowledge, skills and abilities necessary for the effective performance of professional activity in a specific public position;
8) official – a person who permanently, temporarily or by special authority performs the functions of a representative of the authorities or performs organizational and administrative or administrative and economic functions in state bodies;
9) official powers – the rights and obligations provided for by a specific state position that meet the goals and objectives facing the state bodies in which civil servants carry out their activities;
9-1) excluded by the Law of the Republic of Kazakhstan dated 26.11.2019 No. 273-VI (effective after 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, with the exception of cases provided for 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 relevant qualification requirements;
12) civil servant – a citizen of the Republic of Kazakhstan who, in accordance with the procedure established by the legislation of the Republic of Kazakhstan, holds a state position paid from the republican or local budgets or from the funds of the National Bank of the Republic of Kazakhstan in a state body and exercises official powers in order to implement the 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) the direct head of a civil servant is a person higher in a public position, in relation to whom the civil servant is directly subordinate in accordance with his job description;
14) the authorized body for civil service affairs (hereinafter referred to as the authorized body) is the central state body implementing the unified state policy in the field of public service;
15) a state position is a structural staff unit of a state body, which is entrusted with the terms of office established by regulatory legal acts;
16) political civil servant – a civil servant whose appointment (election), release and activities are of a political-determining nature, who is responsible for the implementation of political goals and objectives;
17) conflict of interests – a contradiction 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 his official powers;
18) mentor – a civil servant assigned to a civil servant who has been accepted into the civil service for the first time, providing him with 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 referred to as the operator) is a legal entity determined by the Government of the Republic of Kazakhstan, which is entrusted with technical support of testing procedures for civil servants, candidates for public positions and other citizens, support and administration of the unified automated database (information system) on civil service personnel;
19) a grassroots position is a public position of administrative civil servants of corps "B", which, in accordance with the register of positions, is a subordinate position in the lower category of positions provided for in the staffing table of the state body;
20) temporarily vacant public position – a public position temporarily vacant due to secondment, the presence of a civil servant holding this public position on social leave or on 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 has been established, approved by the authorized state body in the field of healthcare;
21) authorized commission – a commission to consider the issues of admission of citizens of the Republic of Kazakhstan to the administrative civil service, its passage and termination, as well as the involvement of foreign workers in state bodies, the position and composition of which are approved by the President of the Republic of Kazakhstan;
22) surcharge – a monetary supplement to the official salary, established by the administrative civil servant of the corps "B" in the manner determined by the legislation of the Republic of Kazakhstan;
23) secondment – occupation by civil servants of public positions in other state bodies, foreign institutions of the Republic of Kazakhstan and other organizations with the preservation of the former place of work (public position) in accordance with the procedure established by the legislation of the Republic of Kazakhstan.
Footnote. Article 1 as amended by the Laws of the Republic of Kazakhstan dated 06.04.2016 No. 484-V (effective after ten calendar days after the date of its first official publication); dated 26.11.2019 No. 273-VI (effective after ten calendar days after the date of its first official publication).
Article 2. Legislation of the Republic of Kazakhstan in the field 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 rules other 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 carrying out 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 principles of:
1) legality;
2) Kazakhstan patriotism;