THE ORDER OF THE CHAIRMAN OF THE AGENCY OF THE REPUBLIC OF KAZAKHSTAN ON ANTI-CORRUPTION (ANTI-CORRUPTION SERVICE)

of October 30, 2019 No. 272

About some questions of passing of law-enforcement service in anti-corruption Agency of the Republic of Kazakhstan (Anti-corruption service)

According to Item 8 of Article 12, Item 3 of Article 36, Item 7 of Article 42 and Item 2 of article 48 of the Law of the Republic of Kazakhstan "About law-enforcement service" I ORDER:

1. Approve:

1) Rules of maintaining the personal records containing personal data of the employee of anti-corruption service according to appendix 1 to this order;

2) No. 76 Is excluded according to the Order of the Chairman of the Agency of the Republic of Kazakhstan on anti-corruption (Anti-corruption service) of 22.02.2023

3) No. 76 Is excluded according to the Order of the Chairman of the Agency of the Republic of Kazakhstan on anti-corruption (Anti-corruption service) of 22.02.2023

4) No. 76 Is excluded according to the Order of the Chairman of the Agency of the Republic of Kazakhstan on anti-corruption (Anti-corruption service) of 22.02.2023

5) Rules of the organization of professional office and physical training in anti-corruption service, according to appendix 5 to this order;

6) Rules and conditions of passing of computer testing of staff of anti-corruption service, certification subjects, on knowledge of the legislation of the Republic of Kazakhstan and logical thinking, standard rates of determination of professional suitability, and also threshold values for categories of positions, according to appendix 6 to this order;

7) No. 76 Is excluded according to the Order of the Chairman of the Agency of the Republic of Kazakhstan on anti-corruption (Anti-corruption service) of 22.02.2023

8) No. 76 is excluded according to the Order of the Chairman of the Agency of the Republic of Kazakhstan on anti-corruption (Anti-corruption service) of 22.02.2023

9) No. 76 Is excluded according to the Order of the Chairman of the Agency of the Republic of Kazakhstan on anti-corruption (Anti-corruption service) of 22.02.2023

10) the Instruction for assignment of cool qualification to the staff of anti-corruption service, according to appendix 10 to this order;

11) No. 76 Is excluded according to the Order of the Chairman of the Agency of the Republic of Kazakhstan on anti-corruption (Anti-corruption service) of 22.02.2023

12) Rules and terms of the organization of mentorship for persons for the first time arriving on law-enforcement service in anti-corruption Agency of the Republic of Kazakhstan (Anti-corruption service) according to appendix 11-1 to this order.

2. Recognize invalid some orders of the Agency of the Republic of Kazakhstan for public service and to anti-corruption, according to appendix 12 to this order.

3. To provide to department of personnel work of the Agency of the Republic of Kazakhstan on anti-corruption (Anti-corruption service) in the procedure established by the legislation:

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) placement of this order on Internet resource of the Agency of the Republic of Kazakhstan on anti-corruption (Anti-corruption service).

4. To impose control of execution of this order on the First Deputy Chairman of the Agency of the Republic of Kazakhstan on anti-corruption (Anti-corruption service).

5. This order becomes effective from the date of its first official publication.

Appendix 1

to the Order of the Chairman of the Agency of the Republic of Kazakhstan on anti-corruption (Anti-corruption service) of October 30, 2019 No. 272

Rules of maintaining the personal records containing personal data of the employee of anti-corruption service

Chapter 1. General provisions

1. These rules of maintaining the personal records containing personal data of the employee of anti-corruption service (further – Rules), are developed according to Item 7 of article 42 of the Law of the Republic of Kazakhstan "About law-enforcement service" (further – the Law) and determine procedure for maintaining personal records of staff of the Agency of the Republic of Kazakhstan by anti-corruption (Anti-corruption service) (further – the Agency) and its territorial authorities, their accounting, storage and issue.

2. In case of arrival of the candidate for bodies of anti-corruption service by personnel service the personal record which all materials of studying and data on office activities and years of service of law-enforcement service join further is created.

3. Personal records are drawn up and kept on all staff of anti-corruption service.

4. The personal record is the main document reflecting the personal data and materials characterizing office, professional and public work of employees.

5. The personal record acts as information model of the employee and is used as the accounting document containing the exact and detailed bio data and data characterizing it business and personal qualities, office and labor activity and also as storage of the documents confirming these data (characteristics, office certifications, the oath, representations).

6. Materials of the personal record are used for the solution of questions of service by the employee, its representation to assignment of the next special rank, rewarding and encouragement, calculation of service length for determination of the size of official pay rate, working life, calculation of length of service for award of pension.

7. In bodies of anti-corruption service in case of collection, processing and personal data protection of the employee the following requirements shall be observed:

1) collection and processing of personal data of the employee is performed for the purpose of assistance to the employee in passing of law-enforcement service, training and official growth, ensuring personal security of the employee and members of his family, and also for the purpose of ensuring safety of the property belonging to it, accounting of results of execution of job responsibilities by it;

2) check of reliability of the personal data obtained at the employee according to the Law is performed with participation of state bodies;

3) personal data protection of the employee from their unauthorized use or loss is provided at the expense of means of law enforcement agency according to the procedure, established by the Law and other legal acts of the Republic of Kazakhstan;

4) transfer of personal data of the employee to the third party is not allowed without the consent of the employee expressed in writing, except as specified, established by the laws.

8. The employee guilty of violation of the regulations regulating obtaining, storage, processing, use and transfer of personal data of other employee, and equally guilty of loss or disclosure of such data bears responsibility according to the Law and other laws of the Republic of Kazakhstan.

9. The data containing in the personal record of the employee belong according to the legislation of the Republic of Kazakhstan to the state secrets.

Chapter 2. Procedure for maintaining personal records of staff of anti-corruption service

10. The personal record consists of five parts in form, according to appendix 1 to these rules:

are stored in the first part: the record of service in form, according to appendix 2 to these rules, the conclusion of the commission on determination of service length;

in the chronological sequence are stored in the second part:

1) appraisal sheets;

2) office characteristics in the period of service;

3) ideas of assignment (lowering, recovery) of special rank;

4) representations to position assignment, movement, release from post, dismissal from bodies of anti-corruption service;

5) the official report of employees, written with own hand, on movement, rotation, appointment and dismissal from post;

6) quit notice;

in the chronological sequence are stored in the third part:

1) the application for admission in anti-corruption service;

2) the autobiography in form, according to appendix 3 to these rules;

3) questionnaire;

4) characteristics (office, educational);

5) materials of tender committee;

6) certificate of medical examination of the Central (district) military-medical commission;

7) subscription in form, according to appendix 4 to these rules;

8) the obligation in form, according to appendix 5 to these rules;

9) signed text of the oath of the employee;

10) the conclusion (admission) to agential operational work;

11) the agreement (contract) on the admission to the state secrets;

12) personal leaf on registration of personnel in form, according to appendix 6 to these rules;

13) notarially attested copy of the contract for property trust management (in the presence);

"Archive materials" are stored in the fourth part (the separate folder): obsolete records of service; obsolete autobiographies and questionnaires; official report of the employee; conclusions and materials of functional audit checks and investigations; decision and protocol of meetings of staff; obsolete certificates of medical examination of the Central (district) military-medical commission, health declaration, of wounds and contusions; petition and official report for prolongation of service life; recommendations when moving about service; materials on work with the candidates enlisted in personnel reserve; copies of certificates (about the end of special initial training, rates of retraining, advanced training, and also language and educational course); obsolete results of testing, delivery of standard rates on physical training; the documents of the personal record which are in irrelevant condition;

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