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Home / Laws / Article 62. Disciplinary offences that bring the civil service into disrepute On the Civil Service of the Republic of Kazakhstan

Article 62. Disciplinary offences that bring the civil service into disrepute On the Civil Service of the Republic of Kazakhstan

АMANAT партиясы және Заң және Құқық адвокаттық кеңсесінің серіктестігі аясында елге тегін заң көмегі көрсетілді

Article 62. Disciplinary offences that bring the civil service into disrepute On the Civil Service of the Republic of Kazakhstan 

      1. For the purposes hereof, the following acts committed by civil servants shall be deemed to be disciplinary offences that bring the civil service into disrepute:

      1) unlawful interference in the activities of other public authorities or organisations;

      2) using one’s official powers when dealing with issues tied to the advancement of one’s own financial interests or those of close relatives or in-laws;

      3) the granting of advantages not prescribed by the laws of the Republic of Kazakhstan (protectionism, nepotism) in relation to recruitment and promotion within the civil service;

      4) giving undue preference to natural persons and/or legal entities when preparing and adopting decisions;

      5) providing any person with assistance, whether or not prohibited by the legislation of the Republic of Kazakhstan, to engage in business or other income-generating activities;

      6) the use, for personal or group gain, of information obtained in the course of performing public duties, where such information is not intended for official dissemination;

      7) unjustified refusal to disclose information to natural persons and/or legal entities, where such disclosure is required by the legislation of the Republic of Kazakhstan, or any delay in such disclosure, or the provision of inaccurate or incomplete information;

      8) a request for information from natural persons and/or legal entities, the provision thereof by such persons not being required under the legislation of the Republic of Kazakhstan;

      9) the transfer of public financial and material resources to the election funds of individual candidates;

      10) presenting gifts and providing non-official services to certain persons in order to obtain, by means of those persons’ official powers, financial gain, benefits or advantages;

      11) the deliberate obstruction of natural persons and/or legal entities in the exercise of their rights, freedoms and legitimate interests;

      12) gross violations of the requirements governing the organisation and conduct of state supervision of business entities, as outlined in sub-paragraphs 1), 2), 3), 4) and 7) of Article 151, and sub-paragraphs 2), 6) and 8) of paragraph 2 of Article 156 of the Entrepreneurial Code of the Republic of Kazakhstan;

      13) the delegation of powers regarding state regulation of business activities to natural persons or legal entities engaged in such activities, as well as powers relating to the control and supervision of such activities;

      14) the delegation of state control and supervisory functions to organisations that do not have the status of a public authority;

      15) accepting, in return for the performance of one’s official or equivalent duties, any remuneration in the form of money, services or other forms from organisations where the person does not perform the relevant duties, as well as from natural persons, unless otherwise specified by the legislation of the Republic of Kazakhstan.

      Any funds credited to a civil servant’s account without that person’s knowledge, as well as any funds received by them from performing their duties in breach of the first part of this sub-paragraph, must be transferred to the republican budget within no more than two weeks of their discovery, accompanied by a statement to the relevant public revenue authority explaining the circumstances surrounding the receipt of such funds;

      16) accepting gifts and/or services relating to the performance of their official or equivalent duties from civil servants and other persons dependent on them in the course of their duties, in return for general favour or connivance in the course of their duties.

      Gifts received without the civil servant’s knowledge, as well as those received by them while performing their duties in breach of the first part of this sub-paragraph, shall be transferred free of charge to the competent authority responsible for the management of state property within seven working days of the date of receipt of the gift or of the date when the civil servant becomes aware of the gift, and any services rendered to a civil servant under the same circumstances must be paid for by the civil servant by transferring the money to the republican budget within seven working days of the date the service is rendered or of the date on which the civil servant becomes aware that the service has been rendered.

      A civil servant who has received gifts shall retain the right to purchase them under the procedure laid down by the Law of the Republic of Kazakhstan “On State Property”. The proceeds from the sale of the gifts shall be transferred to the republican budget;

      17) accepting invitations for domestic and international tourist, health and wellness, and other trips at the expense of natural persons and legal entities, whether foreign or from the Republic of Kazakhstan, excluding trips:

      at the invitation of a spouse or relatives, at their own expense;

      at the invitation of other natural persons (with the consent of a superior officer and/or authority), provided that relations with them do not concern matters relating to the official duties of those invited;

      implemented in pursuance of international treaties of the Republic of Kazakhstan or by mutual agreement between the public authorities of the Republic of Kazakhstan and the public authorities of foreign states, at the expense of the relevant public authorities and/or international organisations;

      undertaken with the consent of a superior official or authority for the purpose of participating in scientific, sporting, creative, professional or humanitarian events at the expense of organisations, including trips undertaken as part of the statutory activities of such organisations;

      18) the use of advantages not envisaged by the legislation of the Republic of Kazakhstan in obtaining credits, loans, and the acquisition of securities, property and other assets.

      2. Disciplinary offences that bring the civil service into disrepute shall also constitute actions, including those unrelated to the performance of official duties, which undermine the dignity and authority of the civil service, namely:

      1) the non-medical use of narcotic drugs, psychotropic substances, their analogues or precursors;

      2) driving a vehicle whilst under the influence of alcohol and/or drugs and/or toxic substances.

      3. Family members of a civil servant shall never accept gifts and/or services, or invitations to go on holiday, health and wellness trips or other journeys paid for by natural persons or legal entities, both foreign and from the Republic of Kazakhstan, with whom the civil servant has a professional relationship.

      A civil servant must transfer, free of charge, any gifts unlawfully received by members of their family to the designated authority for the management of state property within seven working days of the date they become aware of the receipt of the gift, and to reimburse the cost of services unlawfully used by members of their family by transferring the money to the republican budget within seven working days of the date on which the civil servant becomes aware that the service has been rendered.

      4. The commission by a civil servant of any disciplinary offences that bring the civil service into disrepute, as listed in sub-paragraphs 1), 6), 7), 8), 10), 11) and 12) of paragraph 1 of this Article, provided that they do not constitute a criminal offence or an administrative offence, shall result in demotion from the civil service position, and where no lower-ranking civil service position is available, the imposition of a disciplinary sanction in the form of a warning regarding partial failure to satisfy the requirements of the position.

      A repeat offence falling within the disciplinary offences referred to in the first part of this paragraph, committed within one year of the imposition of a disciplinary sanction for the first disciplinary offence, shall result in dismissal from the civil service position held and a finding that the elected civil servant is unsuitable for the position held.

      5. The commission by a civil servant of any disciplinary offences that bring the civil service into disrepute, as listed in sub-paragraphs 2), 3), 4) and 5) of paragraph 1 of this Article, provided that they do not constitute a criminal offence or an administrative offence, shall result in the imposition of a disciplinary sanction in the form of a warning regarding partial failure to fulfil official duties, a finding that the elected civil servant is unsuitable for the position held, or dismissal from the civil service position held.

      A repeat offence involving any of the disciplinary offences mentioned in the first part of this paragraph, committed within one year of the imposition of a disciplinary sanction for the first disciplinary offence, shall result in dismissal from the civil service position held and a finding that the elected civil servant is unsuitable for the position held.

      6. Any disciplinary offences committed by a civil servant which discredit the civil service, as referred to in sub-paragraphs 9), 13), 14), 15), 16), 17) and 18) of paragraph 1 and paragraph 2 of this Article, shall result in dismissal from the civil service position held, and the elected civil servant shall be deemed unsuitable for the position held. 

 

 

 

Law of the Republic of Kazakhstan № 290-VIII ZRK of 19 May 2026 

President    

Republic of Kazakhstan     

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