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Regulations of order of passage of public service
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About the Statement of Regulations about the Order of Passage of Public Service
Decree of the President of the Republic of Kazakhstan from March, 10th, 2000
№ 357
SAPP of the Republic of Kazakhstan, 2000, N 15, item 141
With a view of realization of the Law of the Republic of Kazakhstan from July, 23rd, 1999 «On Public Service», I resolve:
1. To approve applied Regulations about the order of passage of public service.
2. To recognize the loss of power of the following:
1) the Decree of the President of the Republic of Kazakhstan from June, 3rd, 1996 N 3014 "About the statement of Regulations about the experience of public service for payment of percentage long-service bonuses and the order of calculation of a length of service for purpose of pensions as the civil servant of the Republic of Kazakhstan" (SAPP of the Republic of Kazakhstan, 1996, N 27, item 225);
2) the Decree of the President of the Republic of Kazakhstan from April, 23rd, 1998 N 3919 "About entering addition into Regulations about the experience of public service for payment of percentage long-service bonuses and the order of calculation of a length of service for purpose of pensions as the civil servant of the Republic of Kazakhstan, approved by the Decree of the President of the Republic of Kazakhstan from June, 3rd, 1996 N 3014 ".
3. The government of the Republic of Kazakhstan has to bring the certificates into line with the present Decree in a period of one month.
4. The present Decree inures since January, 1st, 2000.
The President of the Republic of Kazakhstan
Approved
by Decree of the President
of the Republic of Kazakhstan
from March, 10th, 2000 № 357
Regulations about the order of passage of public service
The present Position regulates the matters of passage of public service by political and administrative civil servants.
Section 1
Passage of public service of political civil servants
1. The requirements shown to political civil servants
1. Employment of a political state post is carried out under condition of passage by citizens of obligatory special check.
2. The basic functions and the organization of activity of political civil servants
2. Functional duties of the political civil servant are defined by Laws of the Republic of Kazakhstan, by the present Position and the Regulations about corresponding state body and duty regulations.
3. The basic functions of political civil servants are:
1) the decision-making, promoting definition and realization of a state policy;
2) the control over course of execution of the accepted decisions;
3) regulation and an estimation of he course of execution, and also the
personal responsibility for execution of state and other programs and
projects;
4) management of activity of the state body;
5) management of work of the subordinated civil servants.
4. Overlapping (combining of jobs) of the political civil servant of posts of administrative public service is not supposed.
3. The termination of public service of political civil servants
5. Powers of the political civil servant are stopped in cases:
1) losses of citizenship of the Republic of Kazakhstan;
2) liquidations of the state body;
3) representations of obviously false data on incomes and property by the political civil servant;
4) non-observance of duties and the restrictions established by the Law of the Republic of Kazakhstan "On Public Service" (further - the Law);
5) no transferring of the property belonging to him on the property right to confidential management;
6) fulfilment of a corruption offence;
7) coming into validity of a verdict of guilty of court concerning the political civil servant;
8) when resignation on the basis of the personal written application for addition of powers by the political civil servant is accepted by a higher management;
9) the acceptance of the corresponding decision by the official (body) allocated by the right of his purpose (election) for a post held by him;
10) occurrence of other bases stipulated by the legislation of the Republic.
Powers of the political civil servant also can be stopped in cases of reorganization of the state body, reduction of number or staff of civil servants.
6. Political civil servants submit to resignation on the bases stipulated by the Constitution and the legislation of the Republic of Kazakhstan. If the bases of resignation are not stipulated by the legislation, political civil servants are discharged in accordance with general practice, stipulated by the labour legislation.
Section 2.
Passage of public service of administrative civil servants
4. Receipt on administrative public service
7. The head of the state body in case of service necessity during creation of the state body has the right to give an employment persons for the term of no more than three months for the time discharge of duties, stipulated by a vacant administrative post, upon condition of obligatory publication of the announcement of carrying out of competition on the employment. Number of such persons should not exceed 20 percent of regular number of the state body. During this term which cannot be prolonged, the given post should be borrowed by way of, established by the legislation on public service.
During of this period, which can not be extended, given post must been occupied in accordance with order established by the Law on public service.
Labour attitudes with persons not being civil servants, and the state body employed them temporally, are adjusted only by the labour legislation.
The rate of wages of these persons cannot exceed the top limiting rate of wages stipulated for this post by the legislation on public service.
A footnote. Item 7 - with the changes brought by Decree of President of the Republic of Kazakhstan, from May, 11th, 2001 № 605.
8. The persons specified in item 4 of clause 24 of the Law, have the right to employment of vacant administrative posts on a hors-concours basis.
9. The right to employment of an administrative state post outside of competitive selection for political civil servants, and also for deputies of Parliament and maslichats, working on a constant basis, is kept within four months from the moment of the termination of political public service or powers of the deputy.
10. The head of the state body has the right to accept to a vacant administrative state post of the persons specified in item 4 of clause 24 of the Law and in item 9 of the present Position, upon condition of conformity of qualification of these persons to the qualifying requirements shown to an administrative post. The vacant post can be borrowed by these persons only upon condition of the fact if the announcement of carrying out of competition on its employment has not been published in mass media.
11. As a rule, the citizen acts on public service for uncertain term.
12. The urgent labour contract is concluded, as a rule, in cases of necessity of replacement of temporarily absent civil servants. The head of the state body can accept on public service upon the urgent labour contract of citizens on vacant posts as well in other cases which can be limited only by the bases stipulated by the Law and the labour legislation.
13. Number of the civil servants working upon the urgent labour contract, should not exceed 20 percent of regular number of the state body.
14. The urgent labour contract is concluded for the term of, defined by the head of the state body, and on the expiry of the action it can be renewed, in the cases of a proceeding necessity stipulated by item 12 of the present Position.
14-1. Acceptance of the citizen on public service under the urgent labour contract is carried out on the basis established by the legislation of the Republic of Kazakhstan on public service. <*>
Footnote. It is added by item 14-1 - Decree of the President of the Republic of Kazakhstan from April, 21st, 2003 N 1071 (inures since April, 14th, 2003) .
15. If competition is carried out on a vacant post with certain period of work, the given condition of the prospective labour contract should be specified in the announcement of carrying out of competition.
16. At registration of receipt of citizens on public service by the state body requirements of the legislation on public service and struggle against corruption should be provided.
The head of the state body has the right to give an employment the persons who have received the positive conclusion of the competitive commission, for the time discharge of duties, stipulated by a vacant administrative post, about day of reception of results about passage of obligatory special check by them. Labour attitudes with these persons are adjusted according to paragraphs of third and fourth item 7 of the present Position.
A footnote. Item 16 - with the additions brought by Decree of the President of the Republic of Kazakhstan from May, 11th, 2001 № 605.
16-1. Receipt on administrative and political public service of the persons having military or special ranks, by way of attaching from other state bodies is carried out according to acts of the Republic of Kazakhstan.
A footnote. Position is added by new item 16-1 - Decree of the President of the Republic of Kazakhstan from May, 11th, 2001 № 605.
17. On all civil servants who have acted on public service, personnel services of the state bodies get a track record. The form of a track record affirms the authorized body on affairs of public service.
18. In the order established by the state body the business card is issued to the civil servant who has acted on public service.
4-1. Employment of vacant administrative state posts by the administrative civil servant by way of transferring <*>
Footnote. It is added by chapter 4-1 - Decree of the President of the Republic of Kazakhstan from April, 21st, 2003 № 1071 (inures since April, 14th, 2003).
18-1. The head of the state body has the right to appoint by way of transferring to a vacant administrative state post of the administrative civil servant of the given state body or other state body upon condition of its conformity to shown qualifying requirements to corresponding vacant post and the consent of the civil servant and the authorized body on affairs of public service or its territorial division.
18-2. For the coordination of purpose by way of transferring of the administrative civil servant to a vacant administrative state post the state body represents following documents to the authorized body or its territorial division:
1) the application of the administrative civil servant on employment of a corresponding post by way of transferring;
2) the filled track record certified by personnel service of the state body.
18-3. On the basis of the presented documents the authorized body within five working days accepts one of following decisions:
1) agrees to purpose;
2) refuses in the concordance.
18-4. The bases for refusal in the concordance are discrepancy of the civil servant to the qualifying requirements shown to corresponding post, requirements of the legislation of the Republic of Kazakhstan about public service or non-presentation of the documents specified in item 18-2 of the present Position.
5. The period of probation of administrative civil servants
19. In cases of an establishment of a period of probation the basis for recognition of results of test unsatisfactory is inability of appropriate execution of the assigned duties of the administrative civil servant.
20. All the facts confirming inability of performance of official duties by the civil servant should be in writing fixed by personnel service of the state body and reflected in representation about results of test.
21. The legislation on public service is extended on the administrative civil servants who are passing a period of probation.
6. Beginning of labour attitudes and the labour schedule
22. The administrative civil servant is considered to be on service from the date specified in the order on his purpose.
23. The administrative civil servant, training in the organization of education on a speciality corresponding to activity of the state body, can be given paid or no-charge educational holiday upon the decision of the head of the state body according to requirements of the current legislation.
24. At a direction of the administrative civil servant to retraining and improvement of professional skill on the basis of the state order, guarantees and indemnifications stipulated by the Law at business trips are extended.
24-1. During passage of public service by the persons who have finished training according to the state programs of preparation and retraining of civil servants on the basis of the state order, monitoring is carried out by the authorized body. <*>
Footnote. It is added by item 24-1 - Decree of the President of the Republic of Kazakhstan, from April, 21st, 2003 № 1071 (inures since April, 14th, 2003) .
7. The experience of public service of civil servants
25. The experience of public service is estimated for political and administrative employees with the purpose of definition of their official salary by the way established by the President of the Republic of Kazakhstan.
26. The whole period of public service is joined to the experience, entitling reception of the official salary, according to a tariff-qualifying grid of a payment, is joined.
27. The calculation of the experience of public service entitling an establishment of the official salary, includes the period of:
1) passages of active military service by persons of an officers, ensigns, warrant officers, military men of super urgent service in Armed forces, internal, boundary armies, controls and parts of a civil defense of the Republic of Kazakhstan and former USSR, in system of bodies of Committee of national safety of the Republic of Kazakhstan and Committee of State Security of the USSR, in the Protection Service of the President of the Republic of Kazakhstan and Republican guards of the Republic of Kazakhstan, except for the persons dismissed on negative motives;
2) passages of service by persons of commanding structure in system of law-enforcement bodies, financial police, service in bodies of Office of Public Prosecutor, work as the judge and on responsible posts in devices of courts of the Republic of Kazakhstan and former USSR, service persons of commanding structure in former State investigatory committee of the Republic of Kazakhstan, except the persons dismissed on negative motives;
3) works on the posts entitling reception of the long-service bonus, in courts, bodies of Office of Public Prosecutor, internal affairs, financial police of the Republic of Kazakhstan and former USSR, in the agencies of state security of the USSR, national safety and former State Investigatory Committee of the Republic of Kazakhstan;
4) partially paid holiday for caring of the child until reaching the age of one and a half years and additional holiday without preservation of wages for care of the child until reaching the age of three, and also other kinds of no-charge holidays to the persons consisting on public service;
5) works in system of the State Bank of the USSR and National Bank of the Republic of Kazakhstan;
6) works abroad in a direction of the state bodies and the state organizations if the employee stayed on public service before directing abroad and within two months from the date of returning from abroad, not including time of crossing, he has acted on public service;
7) works on elective and other responsible posts in party, trade-union and Komsomol bodies of Kazakh SSR and the Republic of Kazakhstan till January, 1st, 1992;
8) last place of work on supervising posts, on posts on the specialities, identical to specialities of public service in the state organizations; .
9) works on posts of the workers carried out technical service and provided functioning of the state bodies and their devices if these posts are carried to posts of civil servants according to the legislation;
10) works in the international organizations or other states in a direction of the state bodies of the Republic of Kazakhstan if the employee stayed on public service before direction;
11) training on rates on preparation, retraining and improvements of professional skill of the staff with breaking off work, and also study abroad in a direction of the state bodies and the organizations if the employee stayed on public service before receipt and after ending or graduating he has returned on public service;
12) realization of powers of the deputy of Parliament of the Republic of Kazakhstan;
13) works of the persons temporarily acting the functional duties, stipulated by a vacant administrative post, according to items 7 and 16 present Positions. <*>
Footnote. The item 27 is changed - by Decree of the President of the Republic of Kazakhstan, from April, 21st, 2003 N 1071 (inures since April, 14th, 2003); From March, 29th, 2004 N 1322. )
28. The experience of work on public service, and also time which is set off in a length of service according to the present Position, are considered in calendar calculation.
29. Calculation of the official salary in view of the experience is carried out by employee who within calendar month had a right to increase of the official salary, from the date of occurrence of such right.
30. The experience of public service is defined by the commission on establishment of the seniority which structure affirms the head of corresponding state body.
The decision of the commission on establishment of the experience of public service is drawn a report. Extracts of the decision are done in duplicate and transferred to: one copy – the personnel service, the second – accounts department.
31. The basic document for definition of the experience of public service is the work-record card or a track record. At absence of a work-record card, a track record, and also in case of he fact when there is no necessary record or wrong or inexact records about the periods of work contain, confirming to the seniority information, extracts from orders, personal accounts and sheets on salary payment and other documents containing data on the periods of work are accepted. Acknowledgement of the experience of public service by a testimony is carried out in the order established by the legislation.
8. The termination of public service of administrative civil servants.
32. The cases of change of structure of management, renaming of posts, reduction of staff of the state body without actual reduction of number and/or essential change of conditions before the operated labour contract are not the bases for the termination of public service of administrative employees and carrying out of competition.
In this case administrative employees continue work on posts on the new staff, corresponding (completely or in a significant part) to conditions of the labour contract on earlier existed post.
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