On approval of the Regulations on the Ethics Councils of the Agency of the Republic of Kazakhstan for Civil Service Affairs in regions, cities of republican significance, the capital

Home / Decree / On approval of the Regulations on the Ethics Councils of the Agency of the Republic of Kazakhstan for Civil Service Affairs in regions, cities of republican significance, the capital

Decree of the President of the Republic of Kazakhstan dated December 29, 2015 No. 156.

The footnote. The name of the Decree of the President of the Republic of Kazakhstan dated 07/22/2019 No. 74.

To be published

in the Collection of Acts of the President and

Government of the Republic of Kazakhstan

In accordance with Article 5 of the Law of the Republic of Kazakhstan dated November 23, 2015 "On the Civil Service of the Republic of Kazakhstan", I HEREBY DECREE:

1. To approve the attached Regulations on the ethics councils of the Agency of the Republic of Kazakhstan for Civil Service Affairs in the regions, cities of republican significance, and the capital.

The footnote. Paragraph 1 as amended by Decree of the President of the Republic of Kazakhstan dated 07/22/2019 No. 74.

2. To invalidate certain decrees of the President of the Republic of Kazakhstan in accordance with the annex to this Decree.

3. This Decree shall enter into force on January 1, 2016.

President of the Republic of Kazakhstan

N.Nazarbayev

Approved by Decree of the President of the Republic of Kazakhstan on December 29, 2015 No. 156

Regulations on the Ethics Councils of the Agency of the Republic of Kazakhstan for Civil Service Affairs in regions, cities of republican significance, the capital

The footnote. The title of the Regulation as amended by Decree of the President of the Republic of Kazakhstan dated 07/22/2019 No. 74. The footnote. In the text, the words "Ministry", "Ministries", "Ministry" were replaced, respectively, by the words "Agency", "Agencies", "Agency" by Decree of the President of the Republic of Kazakhstan dated 05.10.2016 No. 349.

This Regulation defines the status, powers and organization of the ethics councils of the Agency of the Republic of Kazakhstan for Civil Service Affairs in the regions, cities of republican significance, the capital.

The footnote. The preamble is in the wording of the Decree of the President of the Republic of Kazakhstan dated 07/22/2019 No. 74.

Chapter 1. General provisions

The footnote. The title of Chapter 1 is as amended by Decree of the President of the Republic of Kazakhstan dated January 18, 2021 No. 495 (effective from the date of its first official publication).

1. The Ethics Councils of the Agency of the Republic of Kazakhstan for Civil Service Affairs (hereinafter referred to as the Agency) in regions, cities of republican significance, and the capital (hereinafter referred to as the Ethics Council) are collegial bodies of the Agency.

The footnote. Paragraph 1 as amended by Decree of the President of the Republic of Kazakhstan dated 07/22/2019 No. 74.

2. The Ethics Council carries out its activities in accordance with the laws of the Republic of Kazakhstan dated November 23, 2015 "On the Civil Service of the Republic of Kazakhstan", November 18, 2015 "On Combating Corruption", this Regulation, other regulatory legal acts and is guided by the principles of legality, objectivity and fairness, ethics, consideration of public opinion and transparency, the application of corruption prevention measures.

3. The working body of the Ethics Council is the secretariat, which is determined by the head of the Agency's staff from among the structural divisions of the Agency's territorial body.

The footnote. Paragraph 3 as amended by Decree of the President of the Republic of Kazakhstan dated 05.10.2016 No. 349.

4. The rules of procedure of the Ethics Council are approved by the Chairman of the Agency.

The footnote. Paragraph 4 as amended by Decree of the President of the Republic of Kazakhstan dated 05.10.2016 No. 349.

Chapter 2. The main tasks, functions and powers of the Ethics Council

The footnote. The title of Chapter 2 is as amended by Decree of the President of the Republic of Kazakhstan dated January 18, 2021 No. 495 (effective from the date of its first official publication).

5. The main tasks of the Ethics Council are:

1) development of measures aimed at preventing corruption and preventing violations of the norms of professional ethics, including disciplinary offenses that discredit the civil service;

2) taking measures to ensure an increase in the level of responsibility of civil servants in compliance with official ethics;

3) development of recommendations and proposals on issues related to the coordination of the activities of ethics commissioners and interaction with disciplinary commissions of state bodies.

6. In accordance with the main objectives, the Ethics Council performs the following functions::

1) review of the results of the corruption risk analysis;

2) consideration of the results of the work of state bodies on the prevention of violations of legislation on civil service and anti-corruption;

3) review of the results of the ethics commissioners' activities in the monitoring and control of compliance with official ethics;

4) review of the results of the activities of disciplinary commissions of state bodies based on the results of the analysis of disciplinary practice;

5) development of recommendations and proposals on improving forms and methods of corruption prevention;

6) consideration of recommendations of the Commission under the President of the Republic of Kazakhstan on Anti-Corruption Issues, the National Commission on Personnel Policy, the Agency;

7) consideration of disciplinary cases against administrative civil servants of categories C-O-1, C-O-2, C-R-l, C-R-2, D-l, D-2, D-O-l, D-O-2, D-R-1, D-R-2, E-1, E-2, E-R-l, E-R-2, as well as ethics commissioners holding independent positions in the offices of akims of regions, cities of republican significance, the capital (hereinafter referred to as employees) who violated the norms of professional ethics, including among those who have committed disciplinary offenses that discredit the civil service.

The footnote. Paragraph 6 as amended by Decrees of the President of the Republic of Kazakhstan dated 08/04/2018 No. 723; dated 01/24/2019 No. 828 (effective from the date of its first official publication); dated 01/18/2021 No. 495 (effective from the date of its first official publication); dated 02/22/2022 No. 814 (effective from the date of its first official publication); dated 06/05/2023 No. 239 (effective ten calendar days after the date of its first official publication).

7. The Ethics Council may, within the limits of its competence,:

1) to hear at their meetings the heads and other officials of local executive bodies and territorial divisions of central state bodies authorized by ethics;

2) request from government agencies and organizations the documents, materials and information necessary to fulfill the tasks facing it;

3) request explanations from the employees specified in subparagraph 7) of paragraph 6 of these Regulations and other persons;

4) to make proposals to officials authorized to appoint and dismiss employees specified in subparagraph 7) of paragraph 6 of these Regulations on conducting official investigations into violations of ethics standards by employees, including disciplinary offenses that discredit the civil service.;

5) to make recommendations and proposals to the akims of regions, cities of republican significance, the capital, other administrative-territorial units, heads of executive bodies funded from the local budget, and territorial divisions of central government bodies on strengthening official discipline, implementing measures aimed at preventing corruption and preventing violations of the norms of official ethics;

6) submit for consideration by officials authorized to appoint and dismiss employees specified in subparagraph 7) of paragraph 6 of these Regulations recommendations on bringing them to disciplinary responsibility for violating the norms of official ethics, including for committing disciplinary offenses discrediting the civil service.;

7) submit proposals to higher state bodies or officials on the consideration of the responsibility of officials who unreasonably failed to comply with the recommendation of the Ethics Council;

8) involve experts and specialists, employees of government agencies, to give opinions.

Chapter 3. Organization of the Ethics Council's activities

The footnote. The title of Chapter 3 is as amended by Decree of the President of the Republic of Kazakhstan dated January 18, 2021 No. 495 (effective from the date of its first official publication).

8. The Chairman of the Ethics Council is ex officio the head of the Agency's territorial body, who is appointed and dismissed by the Agency's Chairman.

The footnote. Paragraph 8 as amended by Decree of the President of the Republic of Kazakhstan dated 05.10.2016 No. 349.

9. Chairman of the Ethics Council:

1) submits a proposal to the head of the Agency's staff to approve the personal composition of the Ethics Council, as well as proposals to change its composition;

2) submits a work plan for consideration and approval by the Ethics Council;

3) organizes and manages the activities of the Ethics Council;

4) determines the agenda, place and time of meetings of the Ethics Council;

5) convenes and chairs meetings of the Ethics Council;

6) determines the speaker on a specific issue to be considered at a meeting of the Ethics Council;

7) reports quarterly to the Agency on the results of the work of the Ethics Council;

8) initiates, suspends and resumes disciplinary cases within the competence of the Ethics Council.;

9) based on the results of consideration of issues at a meeting of the Ethics Council, it sends information and materials on the commission of misconduct by persons to the authorized state body or official for consideration in accordance with their competence.

The footnote. Paragraph 9 as amended by Decrees of the President of the Republic of Kazakhstan dated 05.10.2016 No. 349; dated 24.01.2019 No. 828 (effective from the date of its first official publication).

10. The Ethics Council is composed of the Chairman and members of the Ethics Council. Members of the Ethics Council may be deputies of the Maslikhat, representatives of public associations, non-governmental organizations, mass media, heads of government agencies and other persons. The number of members of the Ethics Council should be odd and should not be less than 7 people.

11. A member of the Ethics Council must be impartial and objective in the performance of his/her functions.

12. The Ethics Council may not include persons:

1) recognized by the court as legally incompetent or with limited legal capacity;

2) deprived by the court of the right to hold public office for a certain period of time;

3) who were subject to penalties for committing an administrative corruption offense;

4) previously convicted or released from criminal liability for committing criminal offenses on the basis of paragraphs 3), 4), 9), 10) and 12) the first part of Article 35 or Article 36 of the Criminal Procedure Code of the Republic of Kazakhstan;

5) dismissed for negative reasons from government agencies and organizations.

13. The personal composition of the Ethics Council is approved by the Head of the Agency's staff on the proposal of the Chairman of the Ethics Council.

The footnote. Paragraph 13 as amended by Decree of the President of the Republic of Kazakhstan dated 05.10.2016 No. 349.

14. Members of the Ethics Council may:

1) to make proposals on the work plan of the Ethics Council and the agenda of meetings;

2) participate in the preparation of materials for meetings of the Ethics Council and its draft decisions;

3) participate in the discussion of issues considered by the Ethics Council.

15. On the proposal of the Chairman of the Ethics Council, a member of the Ethics Council may be removed from its membership in the following cases::

1) failure to attend meetings of the Ethics Council more than three times during the year, with the exception of time spent in a state of temporary disability, being released from work to perform state or public duties, being on vacation, or on a business trip;

2) termination of powers of the head of a state body, deputy, representative of a public association, mass media;

3) the commission of unlawful culpable acts or omissions, confirmed in accordance with the procedure provided for by law;

4) manifestations of bias and self-interest when considering issues within the competence of the Ethics Council;

5) expressing a desire to resign from the Ethics Council.

The footnote. Paragraph 15 as amended by Decree of the President of the Republic of Kazakhstan dated January 24, 2019 No. 828 (effective from the date of its first official publication).

15-1. The composition of the Ethics Council may be reviewed once a year on the initiative of the Agency's Chairman or the Chairman of the Ethics Council.

The footnote. The Rules were supplemented by paragraph 15-1 in accordance with the Decree of the President of the Republic of Kazakhstan dated January 24, 2019 No. 828 (effective from the date of its first official publication).

16. Ethics Council meetings:

1) they are considered competent if a majority of the members of the Ethics Council are present at them.;

2) are carried out in accordance with its work plan, as well as as needed, but at least once every two months.

The members of the Ethics Council participate in its meetings without the right of replacement.

The footnote. Paragraph 16 as amended by Decrees of the President of the Republic of Kazakhstan dated 24.01.2019 No. 828 (effective from the date of its first official publication); dated 22.02.2022 No. 814 (effective from the date of its first official publication).

17. A member of the Ethics Council may not participate in the discussion and voting on a disciplinary case if he or his close relatives living with him are related to the person against whom the disciplinary case has been initiated, are related or otherwise dependent on the said person.

A member of the Ethics Council must declare the circumstances precluding his participation in the discussion and voting before the meeting of the Ethics Council.

18. The Ethics Council makes decisions by a simple majority vote of the number of Ethics Council members present at the meeting. If the votes are equal, the chairman's vote is decisive. The members of the Ethics Council may not abstain from voting.

The footnote. Paragraph 18 as amended by Decree of the President of the Republic of Kazakhstan dated January 24, 2019 No. 828 (effective from the date of its first official publication).

19. In the absence of the Chairman of the Ethics Council, one of the members of the Ethics Council acts as Chairman on his behalf. At the same time, the authority to initiate, suspend and resume disciplinary proceedings for the period of his absence is exercised by the person acting as the head of the Agency's territorial body.

The footnote. Paragraph 19 as amended by Decree of the President of the Republic of Kazakhstan dated 05.10.2016 No. 349.

20. The meeting of the Ethics Council is drawn up in the form of a protocol, which is signed by the Chairman, the members of the Ethics Council, as well as the head of the Ethics Council secretariat.

21. A disciplinary case initiated by the Chairman of the Ethics Council must be considered within twenty working days, taking into account the time limits for imposing a disciplinary penalty.

22. The disciplinary case is suspended for a period of:

1) temporary disability of an employee;

2) the employee is on vacation or on a business trip;

3) the release of an employee from the performance of his official duties for the duration of his performance of state or public duties;

4) finding an employee for training, retraining, advanced training courses and internships;

5) judicial appeals by an administrative civil servant against acts of state bodies on the commission of a disciplinary offense, as well as in cases of judicial review of an issue that is the basis for initiating a disciplinary case.

6) force majeure, which is understood as a state of emergency imposed in accordance with the legislation of the Republic of Kazakhstan;

7) sending a request to government agencies, officials and other entities for the provision of materials and information necessary for the conduct of official investigations.

The footnote. Paragraph 22 as amended by Decrees of the President of the Republic of Kazakhstan dated 24.01.2019 No. 828 (effective from the date of its first official publication); dated 22.02.2022 No. 814 (effective from the date of its first official publication).

23. Prior to the consideration of a disciplinary case at a meeting of the Ethics Council, its secretariat conducts an internal investigation in accordance with the procedure and cases established by the legislation on civil service, during which circumstances and information relevant to the case are examined.

24. The Secretariat shall take measures to notify persons subject to disciplinary liability of the place and time of the Ethics Council meeting.

Consideration of a disciplinary case at a meeting of the Ethics Council may take place without the participation of persons subject to disciplinary responsibility if they have been duly notified of the time and place of the meeting of the Ethics Council at least three days before the meeting.

25. The proper notification in these Regulations is the notification of a person by letter, registered letter or telegram, which are delivered to him personally or to one of the adult family members living with him against a receipt or using other means of communication that ensure the recording of the notification or call.

26. When considering the disciplinary responsibility of an employee at a meeting, the Ethics Council resolves the following issues::

1) has there been a specific action (inaction) that is the basis for considering disciplinary liability of an employee;

2) is this action (inaction) a disciplinary offense, and in violation of what legislation it was committed;

3) has this offense been committed by an employee;

4) is there any fault of the employee in committing this offense;

5) have the deadlines for bringing an employee to disciplinary responsibility been met?;

6) what type of penalty is recommended to be imposed on the employee.

27. Based on the results of the consideration of the disciplinary case, the Ethics Council may make one of the following decisions::

1) recommend to officials authorized to appoint and dismiss them to impose appropriate disciplinary action on the employees specified in subparagraph 7) of paragraph 6 of these Regulations.;

2) terminate the disciplinary case.

28. If there are possible signs of a criminal or administrative offense in the actions of an employee specified in subparagraph 7) of paragraph 6 of these Regulations, the Ethics Council sends the relevant documents and materials to law enforcement or other authorized state bodies to resolve the issue of bringing this employee to criminal or administrative responsibility in accordance with the established procedure within three working days.

The Ethics Council informs the Agency about sending materials and documents to law enforcement or other authorized state bodies within three working days.

The footnote. Paragraph 28 as amended by Decree of the President of the Republic of Kazakhstan dated 05.10.2016 No. 349.

Chapter 4. Main tasks, functions and powers of the secretariat

The footnote. The title of Chapter 4 is as amended by Decree of the President of the Republic of Kazakhstan dated January 18, 2021 No. 495 (effective from the date of its first official publication).

29. The main task of the secretariat is to ensure the activities of the Ethics Council.

30. The Secretariat is headed by the head of the secretariat, who is appointed and dismissed by the head of the Agency's staff.

The footnote. Paragraph 30 as amended by Decree of the President of the Republic of Kazakhstan dated 05.10.2016 No. 349.

31. In accordance with the main tasks, the secretariat performs the following functions::

1) information and analytical, organizational, legal and other support for the activities of the Ethics Council;

2) conducting official investigations into violations of the norms of official ethics, including disciplinary offenses that discredit the civil service;

3) preparation of materials for consideration of disciplinary cases against the persons specified in subparagraph 7) of paragraph 6 of these Regulations.

32. The Secretariat may, within its competence,:

1) conduct official investigations into violations of the norms of official ethics, including disciplinary offenses that discredit the civil service;

2) request from government agencies, officials and other entities the materials and information necessary for carrying out official investigations;

3) involve specialists and consultants in relevant fields to participate in official investigations and provide opinions;

4) involve employees of state bodies in internal investigations, whose competence includes consideration of issues raised during the internal investigation.

Appendix to the Decree of the President of the Republic of Kazakhstan dated December 29, 2015 No. 156

List of expired certain laws of the President of the Republic of Kazakhstan

1. Paragraph 1 of Decree of the President of the Republic of Kazakhstan dated June 30, 2005 No. 1598 "On the Disciplinary Councils of the Agency of the Republic of Kazakhstan for Civil Service Affairs and Anti-Corruption in the cities of Astana and Almaty, regions and Amendments and additions to Certain Decrees of the President of the Republic of Kazakhstan" (SAPP of the Republic of Kazakhstan, 2005, No. 27, art. 329).

2. Subparagraph 10) of paragraph 1 of Decree of the President of the Republic of Kazakhstan dated November 27, 2007 No. 446 "On amendments and additions to certain Decrees of the President of the Republic of Kazakhstan" (SAPP of the Republic of Kazakhstan, 2007, No. 43, art. 499).

3. Subparagraph 5) of paragraph 1 of Decree of the President of the Republic of Kazakhstan dated February 18, 2011 No. 1157 "On Amendments and additions to certain Decrees of the President of the Republic of Kazakhstan" (SAPP of the Republic of Kazakhstan, 2011, No. 19, art. 229).

4. Paragraph 3 of the amendments and additions to certain decrees of the President of the Republic of Kazakhstan, approved by Decree of the President of the Republic of Kazakhstan dated August 16, 2013 No. 616 "On Amendments and additions to certain Decrees of the President of the Republic of Kazakhstan" (SAPP of the Republic of Kazakhstan, 2013, No. 45, art. 658).

5. Item 5 of amendments and additions to certain decrees of the President of the Republic of Kazakhstan, approved by Decree of the President of the Republic of Kazakhstan dated November 21, 2013 No. 697 "On Amendments and additions to certain Decrees of the President of the Republic of Kazakhstan" (SAPP of the Republic of Kazakhstan, 2013, No. 68, art. 905).

6. Paragraphs four to twenty-two of paragraph 12 of amendments and additions to certain decrees of the President of the Republic of Kazakhstan, approved by Decree of the President of the Republic of Kazakhstan dated August 29, 2014 No. 900 "On certain issues of the Agency of the Republic of Kazakhstan for Civil Service Affairs and Anti-Corruption and amendments and additions to certain decrees of the President of the Republic of Kazakhstan" (SAPP of the Republic of Kazakhstan, 2014, No. 54, Article 532).

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