Internal investigation and working procedure of the disciplinary commission
The procedure for conducting an internal investigation and the procedure for the formation and operation of a disciplinary commission are determined by the Rules for Imposing Disciplinary Penalties on Civil Servants.It should be noted that the latest changes to the Rules were made by Decree of the President of the Republic of Kazakhstan dated February 22, 2022 No. 814. In particular, paragraph 45 is worded as follows: "Official investigations into disciplinary misconduct of administrative civil servants are appointed by an act of an official who has the right to appoint and dismiss an administrative civil servant (hereinafter referred to as the authorized person), within five working days from the day when the authorized person received information about the misconduct."
You should also pay attention to paragraphs 35, 37, 47 of the Rules, according to which, if an administrative civil servant in his written explanation does not agree with the fact of his misconduct, an official investigation should be conducted in accordance with the procedure defined by these Rules.; For disciplinary offenses, for which disciplinary penalties may be imposed in the form of demotion, warnings of incomplete official compliance and dismissal from office, an internal investigation and a recommendation from the disciplinary commission are mandatory.
An internal investigation is conducted by the Personnel Management Service (HR service) or by persons charged with performing the duties of the personnel management service (HR service), within no more than ten working days from the date of publication of the act on conducting an internal investigation.
Thus, according to the current Rules for imposing Disciplinary Penalties on civil servants, an internal investigation must be ordered within five working days from the date of receipt of information about the commission of misconduct and conducted within no more than ten working days. At the same time, for the duration of the internal investigation, the period for bringing a civil servant to disciplinary responsibility is not suspended (with the exception of the period for reviewing acts of prosecutorial response), therefore, an internal investigation must be appointed and conducted within the same one-month (three-month) period for imposing disciplinary action.
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