Article 68. Transitional provisions The Law on the Civil Service of the Republic of Kazakhstan

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Article 68. Procedure and conditions for the dismissal (termination of office) of a civil servant On the Civil Service of the Republic of Kazakhstan

1. The decision to terminate civil service or to dismiss (remove from office) a civil servant shall be implemented by the official (authority) empowered to appoint the civil servant to office and to remove them from office, or by an official (authority) empowered by that official (authority).

2. Termination of civil service shall take place due to circumstances beyond the control of the parties, in the cases referred to in sub-paragraphs 2), 3) and 4) of paragraph 1 of Article 67 hereof.

The date of termination of civil service on the grounds specified above shall be the date of the civil servant’s death; the date of a court decision, which has become final, declaring the civil servant missing, legally incapacitated or of limited legal capacity; or the date of a decision to reinstate a citizen of the Republic of Kazakhstan who previously held a public office to the civil service.

3. Termination of civil service in the circumstances referred to in sub-paragraph 5) of paragraph 1 of Article 67 hereof shall be effected upon notification (application) of the decision to take up employment by a senior civil servant holding a public office. The notification (application) shall be addressed to the person referred to in paragraph 1 of this Article.

It shall not be required to issue a notice of termination of civil service to a civil servant who has temporarily filled a vacant civil service position during the absence of the permanent holder of that position.

4. Civil service shall be terminated in the circumstances set out in sub-paragraph 6) of paragraph 1 of Article 67 hereof upon notification (application) by the civil servant or upon the act of election (appointment) to another position.

A notification shall be addressed to the person mentioned in paragraph 1 of this Article.

Failure to send a notification and a certificate of election or appointment to another position shall not constitute grounds for refusing to grant resignation (termination of office).

5. State service shall be discontinued in the instances indicated in sub-paragraphs 7) and 8) of paragraph 1 of Article 67 hereof based on a decision to abolish (wind up) a public authority or to reduce the staffing level of a public authority.

A civil servant shall be notified of the abolition (winding up) of a public authority or a reduction in the authorised strength of a public authority at least one month prior to the date of termination of civil service.

The notification shall be made by the person specified in paragraph 1 of this Article.

With the written consent of the civil servant, termination of civil service may take place prior to the expiry of the notification period.

Where a civil servant declines a proposed civil service position, in the circumstances described herein, their civil service shall be terminated prior to the expiry of the notification period.

Termination of civil service shall be permitted upon the civil servant’s written resignation or the existence of a document certifying that the civil servant has declined to submit a written resignation.

6. The dismissal (termination of office) of a civil servant in the circumstances referred to in sub-paragraph 1) of paragraph 3 of Article 67 hereof shall take place upon notification (application) by the civil servant at least one month prior to the date of dismissal (termination of office) at their own request. The notice (statement) shall be sent to the person specified in paragraph 1 of this Article.

By mutual agreement between the parties, dismissal (termination of office) may take place prior to the expiry of the notification period (application).

A notification (application) may be withdrawn by a civil servant within the period covered by the notification (application).

Once the notification (notice) period has expired, a civil servant shall be entitled to cease work, with the exclusion of cases where disciplinary proceedings are being brought against the civil servant, or where the handover of state property (documentation) by a civil servant who is a person with financial responsibility has not been completed.

The date of dismissal shall be the date of completion of the handover of state property (documentation) and the date when the decision on disciplinary action against the civil servant is taken. The date of dismissal may not be later than two months from the date on which the civil servant files a notification (application) of dismissal (termination of office) of their own volition.

7. The dismissal (termination of office) of a civil servant in the circumstances referred to in sub-paragraph 2) of paragraph 3 of Article 67 hereof shall be effected on the next working day following the date of expiry of their term of office.

It shall not be required to notify a civil servant of their dismissal (termination of office).

8. The dismissal (termination of office) of a civil servant in the circumstances described in sub-paragraph 3) of paragraph 3 of Article 67 hereof shall become effective on the next working day following the day on which the civil servant reaches the retirement age established by the Social Code of the Republic of Kazakhstan.

A civil servant shall be given at least one month’s notification of their dismissal. The notification shall be issued by the person designated in paragraph 1 of this Article.

The provisions of this paragraph shall not apply to political civil servants.

9. The dismissal (termination of office) of a civil servant in the circumstances referred to in the first part of sub-paragraph 4) of paragraph 3 of Article 67 hereof shall be effected based on supporting evidence of the loss, deprivation or renunciation of citizenship of the Republic of Kazakhstan and an official memorandum addressed to the person indicated in paragraph 1 of this Article by the relevant official of the public authority following review of this information.

The dismissal (termination of office) of a civil servant in the circumstances referred to in the second part of sub-paragraph 4) of paragraph 3 of Article 67 hereof shall be effected upon the receipt of information confirming that the civil servant holds foreign citizenship, and a memorandum issued to the person specified in paragraph 1 of this Article by the relevant official of the public authority following review of this information, unless there is evidence confirming that the civil servant has submitted an application for the termination of their foreign citizenship.

It shall not be required to notify a civil servant of their dismissal (termination of office).

10. The dismissal (termination of office) of a civil servant in the circumstances referred to in sub-paragraph 5) of paragraph 3 of Article 67 hereof shall be effected based on a decision to convert the civil service position into another civil service position.

A civil servant shall be given at least one month’s notification prior to the date of dismissal. The notification shall be sent by the person designated in paragraph 1 of this Article.

With the civil servant’s written consent, dismissal may take place prior to the expiry of the notification period.

In instances stipulated herein, where a civil servant declines a position offered to them, their dismissal (termination of office) shall take place prior to the expiry of the notification period.

Dismissal (termination of office) shall be permitted upon the written resignation of the civil servant or the existence of a document certifying that the civil servant has declined to resign in writing.

11. The dismissal (termination of office) of a civil servant in the circumstances described in sub-paragraph 6) of paragraph 3 of Article 67 hereof shall be effected based on a decision to revoke access to state secrets pursuant to Article 31 of the Law of the Republic of Kazakhstan “On State Secrets”.

It shall not be mandatory to notify a civil servant of their dismissal (termination of office).

12. The dismissal (termination of office) of a civil servant in the circumstances set out in sub-paragraph 7) of paragraph 3 of Article 67 hereof shall be effected upon the basis of information concerning the disclosure of information and a memorandum issued to the person referred to in paragraph 1 of this Article by the relevant official of the public authority following consideration of such information.

It shall not be required to notify a civil servant of their dismissal (termination of office).

13. The dismissal (termination of office) of a civil servant in the circumstances referred to in sub-paragraph 8) of paragraph 3 of Article 67 hereof shall be effected by virtue of a decision finding the civil servant’s performance to be unsatisfactory.

It shall not be required to notify a civil servant of their dismissal (termination of office).

14. The dismissal (termination of office) of a civil servant in the circumstances described in sub-paragraph 9) of paragraph 3 of Article 67 hereof shall occur based on the civil servant’s refusal to undergo rotation.

It shall not be mandatory to notify a civil servant of their dismissal (termination of office).

Dismissal (termination of office) shall be permitted upon the civil servant’s written resignation or the existence of a document certifying that the civil servant has declined to resign in writing.

15. The dismissal (termination of office) of a civil servant in the circumstances referred to in sub-paragraph 10) of paragraph 3 of Article 67 hereof shall be effected based on information regarding temporary incapacity for work and a memorandum entered by the relevant official of the public authority in respect of the person specified in paragraph 1 of this Article, following consideration of such information.

It shall not be obligatory to notify a civil servant of their dismissal (termination of office).

Dismissal (termination of office) may be effected if a civil servant fails to provide a certificate of temporary incapacity for work or information regarding the reasons for their absence within ten calendar days of the date on which the report of absence was sent to the civil servant by registered post with acknowledgement of receipt, or in the event of dismissal from public office as a result of cases of temporary incapacity for work specified in Article 53 hereof.

16. The dismissal (termination of office) of a civil servant in the circumstances set out in sub-paragraph 11) of paragraph 3 of Article 67 hereof shall be effected on the basis of evidence of non-compliance with the requirements for holding public office and a memorandum issued to the person referred to in paragraph 1 of this Article by the relevant official of the public authority following consideration of such evidence.

It shall not be mandatory to notify a civil servant of their dismissal (termination of office).

17. The dismissal (termination of office) of a civil servant in the cases referred to in sub-paragraph 12) of paragraph 3 of Article 67 hereof shall be made pursuant to the procedure for imposing disciplinary sanctions.

Dismissal (termination of office) shall be permitted if a civil servant fails to disclose the reasons for their absence within ten calendar days of the date on which the report on their absence is sent to them by registered post with acknowledgement of receipt.

18. The dismissal (termination of office) of a civil servant in the cases listed in sub-paragraphs 13), 14), 15) and 16) of paragraph 3 of Article 67 hereof shall be effected based on information regarding the issuance of a court ruling or judgement, the discontinuation of criminal proceedings, the commission of an administrative corruption offence, and a memorandum addressed to the person specified in paragraph 1 of this Article by the relevant official of a public authority following consideration of this information.

It shall not be mandatory to notify a civil servant of their dismissal (termination of office).

19. The dismissal (termination of office) of a civil servant in the circumstances referred to in sub-paragraph 17) of paragraph 3 of Article 67 hereof shall be effected in compliance with the procedure for imposing disciplinary sanctions.

It shall not be mandatory to notify a civil servant of their dismissal (termination of office).

20. The dismissal (termination of office) of a civil servant in the circumstances described in sub-paragraph 18) of paragraph 3 of Article 67 hereof shall be effected by virtue of the data on the person’s appointment to a public office and a memorandum addressed to the person specified in paragraph 1 of this Article by the relevant official of the public authority following consideration of such data.

It shall not be required to notify a civil servant of their dismissal (termination of office).

21. The dismissal (termination of office) of a civil servant in the circumstances referred to in sub-paragraph 19) of paragraph 3 of Article 67 hereof shall be effected upon the basis of evidence of non-compliance with restrictions and a memorandum addressed to the person specified in paragraph 1 of this Article by the relevant official of the public authority following consideration of such evidence.

It shall not be required to notify a civil servant of their dismissal (termination of office).

22. The dismissal (termination of office) of a civil servant in the circumstances set out in sub-paragraph 20) of paragraph 3 of Article 67 hereof shall be effected by following the procedure for imposing disciplinary sanctions.

It shall not be required to notify a civil servant of their dismissal (termination of office).

23. The dismissal (termination of office) of a civil servant in the circumstances referred to in sub-paragraph 21) of paragraph 3 of Article 67 hereof shall be effected pursuant to information concerning the failure to provide or the deliberate misrepresentation of information, and a memorandum addressed to the person indicated in paragraph 1 of this Article by the relevant official of the public authority following examination of such information.

It shall not be required to notify a civil servant of their dismissal (termination of office).

24. The dismissal (termination of office) of a civil servant in the circumstances referred to in sub-paragraph 22) of paragraph 3 of Article 67 hereof shall be effected on grounds of information concerning the submission of knowingly false details regarding income and assets, and a memorandum addressed to the person referred to in paragraph 1 of this Article by the relevant official of the public authority following consideration of such information.

It shall not be required to notify a civil servant of their dismissal (termination of office).

25. The dismissal (termination of office) of a civil servant in the circumstances referred to in sub-paragraph 23) of paragraph 3 of Article 67 hereof shall be effected based on information regarding the failure to transfer property to a trust management arrangement and a memorandum issued to the person specified in paragraph 1 of this Article by the relevant official of the public authority following examination of such information.

It shall not be required to notify a civil servant of their dismissal (termination of office).

26. The dismissal (termination of office) of a civil servant in the circumstances referred to in sub-paragraph 24) of paragraph 3 of Article 67 hereof shall be effected upon receipt of information that no measures have been taken to cease business activities and/or dispose of property, as required by the second part of paragraph 5 of Article 14 hereof, and a memorandum issued to the person referred to in paragraph 1 of this Article by the relevant official of the public authority following consideration of that information.

It shall not be required to notify a civil servant of their dismissal (termination of office).

27. The dismissal (termination of office) of a civil servant in the circumstances specified in sub-paragraph 25) of paragraph 3 of Article 67 hereof shall be effected in conformity with the procedure for imposing disciplinary sanctions.

It shall not be required to notify a civil servant of their dismissal (termination of office).

28. The dismissal (termination of office) of a civil servant in the circumstances set out in sub-paragraph 26) of paragraph 3 of Article 67 hereof shall be made pursuant to the procedure for imposing disciplinary sanctions.

It shall not be required to notify a civil servant of their dismissal (termination of office).

29. The dismissal (termination of office) of a civil servant in the circumstances referred to in sub-paragraph 27) of paragraph 3 of Article 67 hereof shall be effected based on information regarding the civil servant’s expenditure being inconsistent with their income and a memorandum issued to the person specified in paragraph 1 of this Article by the relevant official of the public authority following consideration of such information.

It shall not be required to notify a civil servant of their dismissal (termination of office).

30. The dismissal (termination of office) of a civil servant in the case mentioned in sub-paragraph 1) of the first part of paragraph 6 of Article 67 hereof shall take effect from the next working day following the expiry of the employment contract.

It shall not be required to notify a civil servant of their dismissal (termination of office).

31. The dismissal (termination of office) of a civil servant in the circumstances referred to in sub-paragraph 2) of the first part of paragraph 6 of Article 67 hereof shall be effected by virtue of a decision to annul the results of the competition and the instrument of appointment to an administrative civil service position.

It shall not be required to notify a civil servant of their dismissal (termination of office).

32. The dismissal (termination of office) of a civil servant in the circumstances specified in sub-paragraph 3) of the first part of paragraph 6 of Article 67 hereof shall be decided by the appraisal committee.

It shall not be required to notify a civil servant of their dismissal (termination of office).

33. A civil servant may not be dismissed (or have their term of office terminated) whilst they are temporarily unfit for work (including during pregnancy and maternity leave) or whilst on vacation, unless in the cases set out in sub-paragraphs 1), 2), 3), 4), 5), 6), 14), 15) and 16) of paragraph 3, and paragraphs 4, 5 and 6 of Article 67 hereunder.

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

President

Republic of Kazakhstan

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-Became invalid due to the adoption of the new Law of the Republic of Kazakhstan dated May 19, 2026 No. 290-VIII SAM. About the Civil Service of the Republic of Kazakhstan