LAW OF THE REPUBLIC OF KAZAKHSTAN

of July 3, 2020 No. 357-VI ZRK

About modification and amendments in some legal acts of the Republic of Kazakhstan concerning public service

Article 1. Make changes and additions to the following legal acts of the Republic of Kazakhstan:

1. In the Code of the Republic of Kazakhstan about administrative offenses of July 5, 2014 (The sheet of Parliament of the Republic of Kazakhstan, 2014, No. 18-I, 18-II, Art. 92; No. 21, Art. 122; No. 23, Art. 143; No. 24, Art. 145, 146; 2015, No. 1, Art. 2; No. 2, Art. 6; No. 7, Art. 33; No. 8, Art. 44, 45; No. 9, Art. 46; No. 10, Art. 50; No. 11, Art. 52; No. 14, Art. 71; No. 15, Art. 78; No. 16, Art. 79; No. 19-I, Art. 101; No. 19-II, Art. 102, 103, 105; No. 20-IV, Art. 113; No. 20-VII, Art. 115; No. 21-I, Art. 124, 125; No. 21-II, Art. 130; No. 21-III, Art. 137; No. 22-I, Art. 140, 141, 143; No. 22-II, Art. 144, 145, 148; No. 22-III, Art. 149; No. 22-V, Art. 152, 156, 158; No. 22-VI, Art. 159; No. 22-VII, Art. 161; No. 23-I, Art. 166, 169; No. 23-II, Art. 172; 2016, No. 1, Art. 4; No. 2, Art. 9; No. 6, Art. 45; No. 7-I, Art. 49, 50; No. 7-II, Art. 53, 57; No. 8-I, Art. 62, 65; No. 8-II, Art. 66, 67, 68, 70, 72; No. 12, Art. 87; No. 22, st.116; No. 23, st.118; No. 24, St. 124, 126, 131; 2017, No. 1-2, of Art. 3; No. 9, Art. 17, 18, 21, 22; No. 12, Art. 34; No. 14, Art. 49, 50, 54; No. 15, Art. 55; No. 16, Art. 56; No. 22-III, Art. 109; No. 23-III, Art. 111; No. 23-V, Art. 113; No. 24, Art. 114, 115; 2018, No. 1, Art. 4; No. 7-8, of Art. 22; No. 9, Art. 27; No. 10, Art. 32; No. 11, Art. 36, 37; No. 12, Art. 39; No. 13, Art. 41; No. 14, Art. 44; No. 15, Art. 46, 49, 50; No. 16, Art. 53; No. 19, Art. 62; No. 22, Art. 82; No. 23, Art. 91; No. 24, Art. 93, 94; 2019, No. 1, Art. 2, 4; No. 2, Art. 6; No. 5-6, of Art. 27; No. 7, Art. 36, 37; No. 8, Art. 45; No. 15-16, of Art. 67; No. 19-20, of Art. 86; No. 21-22, of Art. 90; 91; No. 23, Art. 99, 103, 106, 108; No. 24-І, Art. 118; No. 24-ІІ, Art. 120, 122, 123, 127; The Law of the Republic of Kazakhstan of May 4, 2020 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning work", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on May 5, 2020; The law of the Republic of Kazakhstan of May 13, 2020 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning counteraction of legalization (washing) of income gained in the criminal way, and to terrorism financing", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on May 14, 2020; The Law of the Republic of Kazakhstan of May 13, 2020 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning regulation of migratory processes", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on May 14, 2020; The Law of the Republic of Kazakhstan of May 25, 2020 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning mobilization preparation and mobilization", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on May 26, 2020; The law of the Republic of Kazakhstan of May 25, 2020 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning procedure for the organization and holding peaceful assemblies in the Republic of Kazakhstan", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on May 26, 2020; The Law of the Republic of Kazakhstan of May 29, 2020 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning prohibited areas and forbidden areas in case of arsenals, bases and warehouses of Armed Forces, other troops and military forming", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on June 1, 2020; The Law of the Republic of Kazakhstan of June 10, 2020 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning lotteries and lottery activities", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on June 11, 2020):

Heading of Article 721 to state 1) in table of contents in the following edition:

"Article 721. Authorized body for public service";

To exclude 2) in heading and the text of Article 721 of the word "and to anti-corruption";

The subitem 60) to state 3) to part one of Article 804 in the following edition:

"60) authorized body for public service (Article 99, 154, 173, 462 (parts three and the fourth), 465, 661, 681);".

2. In the Law of the Republic of Kazakhstan of July 8, 2005 "About state regulation of development of agro-industrial complex and the rural territories" (Sheets of Parliament of the Republic of Kazakhstan, 2005, No. 13, Art. 52; 2007, No. 5-6, of Art. 42; No. 18, Art. 145; 2008, No. 23, Art. 124; 2009, No. 17, Art. 82; No. 24, Art. 129; 2010, No. 1-2, of Art. 5; No. 5, Art. 23; No. 15, Art. 71; 2011, No. 1, Art. 2, 7; No. 2, Art. 26; No. 11, Art. 102; 2012, No. 2, Art. 16; No. 14, Art. 94; No. 15, Art. 97; 2013, No. 9, Art. 51; No. 14, Art. 72, 75; 2014, No. 2, Art. 10; No. 19-I, 19-II, Art. 96; No. 22, Art. 131; No. 23, Art. 143; 2015, No. 11, Art. 52; No. 20-I, Art. 110; No. 20-IV, Art. 113; No. 22-V, Art. 156; No. 22-VII, Art. 161; No. 23-II, Art. 172; 2016, No. 8-I, Art. 65; No. 8-II, Art. 72; 2017, No. 12, Art. 34; 2018, No. 10, Art. 32; No. 14, Art. 42; 2019, No. 7, Art. 37; Art. No. 19-20, 86):

1) in Article 7:

4) of Item 3 to state the subitem in the following edition:

"4) determination of measures of social support of specialists in the field of health care, educations, social security, culture, sport, agro-industrial complex, forestry and especially protected natural territories, government employees of offices of akims of the villages, settlements, rural districts working and living in rural settlements stipulated by the legislation the Republic of Kazakhstan, and also other measures of the public assistance to workers of these categories;";

8) of item 4 to state the subitem in the following edition:

"8) the organization of work on rendering measures of social support of specialists in the field of health care, educations, social security, culture, sport, agro-industrial complex, forestry and especially protected natural territories, government employees of offices of akims of the villages, settlements, rural districts working and living in rural settlements stipulated by the legislation the Republic of Kazakhstan;";

2) in Article 18:

7) of Item 2 to state the subitem in the following edition:

"7) stimulations of attraction to rural settlements of workers of health care, education, social security, culture, sport, agro-industrial complex, forestry and especially protected natural territories, government employees of offices of akims of villages, settlements, rural districts.";

state Item 8 in the following edition:

"8. To specialists in the field of health care, education, social security, culture, sport and agro-industrial complex, the government employee of offices of akims of villages, settlements, rural districts who arrived for work and accommodation at rural settlements according to the decision of local representative bodies (maslikhats) provides new start allowance and social support for acquisition or construction of housing.".

3. In the Law of the Republic of Kazakhstan of October 20, 2008 "About Assembly of the people of Kazakhstan" (Sheets of Parliament of the Republic of Kazakhstan, 2008, No. 17-18, of Art. 70; 2010, No. 11, Art. 59; 2013, No. 14, Art. 75; 2014, No. 16, Art. 90; 2015, No. 19-І, Art. 98; 2017, No. 16, Art. 56; 2018, Art. No. 7-8, 24):

1) in Article 8 of the word "executive body of Assembly" to exclude;

Subitems 1-2) and 1-3) of item 4 of Article 11 to exclude 2);

Item 3 of Article 13 to exclude 3);

Article 13-1 to state 4) in the following edition:

"Article 13-1. Ensuring activities of Assembly and assemblies of areas, cities of republican value, capital

1. Organizational, financial, material and other support of functioning of Assembly is performed by the legal entity determined by the Government of the Republic of Kazakhstan.

2. Organizational, financial, material and other support of functioning of assembly of the area, city of republican value, the capital is performed by the utility public institution determined by the akim of area, city of republican value, the capital.";

5) in Article 14:

state Item 6 in the following edition:

"6. Working body of assembly of the area, city of republican value, the capital is the device (secretariat).";

in Item 8:

3) to state the subitem in the following edition:

"3) will be organized by interaction of ethnocultural and other public associations with local executive bodies and local government bodies concerning realization of state policy on ensuring public consent and national unity in the region;";

4) to exclude the subitem.

4. In the Law of the Republic of Kazakhstan of January 6, 2012 "About homeland security of the Republic of Kazakhstan" (Sheets of Parliament of the Republic of Kazakhstan, 2012, No. 1, Art. 3; No. 8, Art. 64; No. 10, Art. 77; No. 14, Art. 94; 2013, No. 14, Art. 75; 2014,№1, Art. 4; No. 7, Art. 37; No. 11, Art. 61; No. 14, Art. 84; No. 16, Art. 90; No. 21, Art. 118, 122; 2015, No. 20-IV, Art. 113; No. 21-II, Art. 130; No. 22-V, Art. 154, 156; No. 23-II, Art. 172; 2016, No. 7-I, Art. 50; No. 12, Art. 87; No. 24, Art. 126; 2017, No. 16, St. 56; No. 23-V, Art. 113; 2018, No. 16, Art. 55; No. 24, Art. 93; 2019, Art. No. 15-16, 67):

4) of Item 1 of Article 15 to state the subitem in the following edition:

"4) authorized body for public service - the central state body enabling the realization of single state policy in the field of public service and control of respect for quality of rendering the state services;".

5. In the Law of the Republic of Kazakhstan of November 23, 2015 "About public service of the Republic of Kazakhstan" (Sheets of Parliament of the Republic of Kazakhstan, 2015, No. 22-V, St. 153; 2016, No. 7-I, Art. 50; No. 22, St. 116; No. 24, St. 123; 2017,№14, Art. 51; No. 16, Art. 56; 2018, No. 12, St. 39; 2019, No. 3-4, of Art. 16; No. 7, Art. 37; No. 8, Art. 45; No. 15-16, of Art. 67; No. 21-22, of Art. 91; No. 24-І, Art. 119):

1) in Article 1:

1) to state the subitem in the following edition:

"1) the case "A" - managerial state positions of managerial level for which are provided special procedure for receipt, passing and termination of public service of the Republic of Kazakhstan, and also special qualification requirements;";

2) to exclude the subitem;

in the subitem 19) "the register of positions" shall be replaced with words words "the register of positions of political and administrative government employees";

2) in Article 5:

to state part one of Item 1 in the following edition:

"1. The single system of bodies for cases of public service is formed by the authorized body, its territorial subdivisions, the organizations subordinated to authorized body.";

4) of Item 2 to exclude the subitem;

The subitem 5) of Item 2 of Article 11 to state 3) in the following edition:

"5) ensuring high-quality execution and control of effective implementation of documents of System of state planning of the Republic of Kazakhstan and other projects within the powers;";

Item 2 of Article 14 to add 4) with part two of the following content:

"Candidates for occupation of political state position shall conform to the qualification requirements imposed to this position in case of their availability.";

5) in Article 15:

state Item 3 in the following edition:

"3. Without carrying out tender according to the decision of the authorized commission the following persons can occupy managerial state positions of the case "B":

1) the effective judges, deputies of Parliament, deputies of maslikhats working at permanent basis, the political government employees, the international employees who are carrying out the powers at least six months;

2) the international employees, judges who were carrying out the powers at least six months and stopped them which except for stopped the powers for negative motives;

3) the political government employees who were carrying out the powers at least six months and stopped them which except for stopped the powers for negative motives provided that their positions are carried to political state positions according to the register of positions of political and administrative government employees existing at the time of decision making of the authorized commission;

4) persons having length of service at least five last years in the international, foreign or transnational organizations, foreign government institutions determined by the authorized commission;

5) the persons having length of service in at least two years and which completed training in programs of doctoral studies (PhD, the doctor on profile) in the leading foreign higher educational institutions determined by the Republican commission on training abroad;

6) persons, at least two years the holding or holding positions of the first head or the following position, subordinate after the first head, in the large subjects of the quasi-public sector of republican value determined by the authorized commission;

7) persons enlisted in the Presidential youth personnel reserve. The administrative government employees of the case "A" conforming to the established qualification requirements can hold managerial state positions of the case "B" without carrying out tender in coordination with authorized body.";

exclude Item 3-1;

in item 4 of the word "in coordination with authorized body" shall be replaced with words "in coordination with authorized body or its territorial subdivision";

The subitem 7) of Item 3 of Article 16 to state 6) in the following edition:

"On 7) within three years before revenues to public service for whom making of corruption offense administrative punishment was imposed;";

Item 2 of Article 17 to state 7) in the following edition:

"2. To separate political state positions qualification requirements according to the decision of the President of the Republic of Kazakhstan can be established.";

To add Article 19 with Item 3 following of content:

"3. The period of temporary fulfillment of duties, provided by managerial state position, joins in years of service of public service.";

9) in Article 20:

in Item 3:

state part one in the following edition:

"3. The probation period constitutes three months.";

in word part three "to replace the administrative government employee of the case "B" with the word of "citizen";

in part one of Item 3-1 of the word of "government employee" to replace with the word of "citizen";

in item 4 part one "arrived" to replace the word with the word "arriving";

Article 22 to exclude 10);

Article 23 to state 11) in the following edition:

"Article 23. Occupation of managerial state position of the case "A"

Appointment of citizens to managerial state positions of the case "A" and release from managerial state positions of the case "A" are performed by the official (body) having the right of appointment to these state positions, or the official authorized by it without carrying out tender in coordination with the authorized commission.

The president of the Republic of Kazakhstan appoints citizens to managerial state positions of the case "A" and exempts them from managerial state positions of the case "A", appointment to which is performed by it without approval of the authorized commission.";

12) in Article 25:

state Item 1 in the following edition:

"1. Occupation of the state position transformed to managerial state position of the case "A" is performed according to this Law within three months from the date of its transformation.";

add with Item 1-1 of the following content:

"1-1. The government employee whose state position is transformed to managerial state position of the case "A" has the right to continue work prior to occupation of the state position according to Item 1 of this Article.";

13) in Article 27:

state Item 1 in the following edition:

"1. Tender on occupation of vacant or temporarily vacant managerial state position of the case "B" consists of the following types:

1) general tender;

2) internal tender.";

3) of Item 2 to state the subitem in the following edition:

"3) consideration of documents of participants of tender on compliance to the established qualification requirements and requirements, the established this Law;";

second and third Item 7 to state parts in the following edition:

"The subsequent transfer of persons who held managerial state positions according to the procedure, established by part one of this Item, in state body is not allowed.

Persons who held managerial state positions according to the procedure, established by part one of this Item, are allowed to participation in internal tender after one year after the occupation of the state position on condition of passing of testing and personal evaluation.";

in Item 8:

in part one of the word "has the right to take part" shall be replaced with words "has the right to hold managerial state position of the case "B" following the results of tender and (or) to take part";

third to state part in the following edition:

"At the same time only that person who was dismissed from state bodies which employees have the right to participate in internal tender of this state body has the right to participate in internal tender.";

14) in Article 28:

state Item 1 in the following edition:

"1. General competition is held for occupation of managerial state local position of the case "B", the being vacant or temporarily vacant, and also other vacant or temporarily vacant managerial state position not being local position in cases, stipulated in Item 2 articles 29 of this Law.";

exclude Item 2;

15) in Article 29:

1, 1-1, 1-2 and 1-3 to state Items in the following edition:

"1. For occupation of vacant or temporarily vacant managerial state position of the case "B", except for local, the state body holds internal competition in which government employees of its departments, territorial subdivisions, and also the other persons determined by this Law and the law determining the legal basis, and also procedure for the organization of activities of diplomatic service of the Republic of Kazakhstan also have the right to participate.

In case of creation of single service of personnel management (personnel service) or unified tender committee internal tender is carried out among government employees of state bodies for which the specified service or the commission is created.

1-1. In the internal competitions held by territorial subdivisions of the central state body, the government employees of the central state body, and also other territorial subdivisions of this central state body, its departments and territorial subdivisions of data of departments having also the right to participate.

1-2. In the internal competitions held by department of the central state body, the government employees of this central state body and its departments, territorial subdivisions of the central state body and its departments having also the right to participate.

1-3. In the internal competitions held by territorial subdivisions of department of the central state body, the government employees of this central state body and its departments, territorial subdivisions of the central state body and its departments having also the right to participate.";

in Item 1-4 of the word "among government employees of this state body" to exclude;

state Item 2 in the following edition:

"2. In the absence of the participants of tender who received the positive decision of tender committee or unified tender committee general competition according to article 28 of this Law is held.";

exclude Items 2-1 and 3;

state Item 4-1 in the following edition:

"4-1. During creation of state body internal competition is not held.";

Part one of item 4 of Article 33 to state 16) in the following edition:

"4. Assessment of activities of administrative government employees of the case "A", except for persons specified in Item 3 of this Article is carried out by the official (body) having the right of appointment to the state position and releases from the state position of the administrative government employee of the case "A".";

Item 4 of Article 34 to state 17) in the following edition:

"4. Procedure for preparation, retraining and advanced training of government employees, requirements to the organizations of education performing advanced training of government employees are determined by the Government of the Republic of Kazakhstan in coordination with Administration of the President of the Republic of Kazakhstan.";

Part the second Item 2 of Article 37 to state 18) in the following edition:

"Higher state positions in this state body, and also in other state bodies are implied as the state positions to which higher qualification requirements are imposed, and in case of equality of qualification requirements more high salary is established.";

Part the fourth Item 2 of Article 41 to state 19) in the following edition:

"The rotation connected with moving to other area of the government employees who are the disabled people, pregnant women, single parents who are bringing up the child aged up to fourteen years, having (the being guardians) the handicapped children including adopted (adopted), parents (guardians) having many children or dependent on which there are aged parents is allowed only in the consent of these government employees if other is not provided by the law determining the legal basis, and also procedure for the organization of activities of diplomatic service of the Republic of Kazakhstan.";

Part third of Item 1 of Article 42 to state 20) in the following edition:

"Employment for temporary fulfillment of duties, provided by vacant and (or) temporarily vacant managerial state positions of the case "A", is performed from among persons conforming to the established special qualification requirements to managerial state positions of the case "A" and other requirements, the established this Law.";

Article 56 to add 21) with Item 12 of the following content:

"12. The administrative government employee of the case "B", except for persons holding executive positions, working and living in rural settlements, provides additional measures of social support, stipulated by the legislation the Republic of Kazakhstan.";

Item 2 of Article 57 to state 22) in the following edition:

"2. For the sent government employees the place of employment (the state position) and the salary remain during the whole time of business trip.";

23) in Item 1 of Article 61:

2) to state the subitem in the following edition:

"2) occupation of other state position, except as specified considerations of their responsibility for corruption offense or making of the minor offense discrediting public service;";

9) after the word of "money" to add the subitem with words "bonds, shares of open and interval mutual investment funds".

6. In the Law of the Republic of Kazakhstan of December 4, 2015 "About the Supreme Judicial Council of the Republic of Kazakhstan" (Sheets of Parliament of the Republic of Kazakhstan, 2015, No. 23-II, Art. 173; 2016, No. 7-I, St. 50; 2017, No. 6, Art. 11; No. 14, St. 51; No. 16, St. 56; 2019, Art. No. 3-4, 16):

to state Item 1 of Article 4 in the following edition:

"1. Council consists of the Chairman and other persons designated by the President of the Republic of Kazakhstan.

The chairman of the Supreme Court, the Attorney-General, the Minister of Justice, the head of authorized body for public service, chairmen of the relevant standing committees of the Senate and Majilis of Parliament are appointed on position members of council the President of the Republic of Kazakhstan.

In structure of Council by the President of the Republic of Kazakhstan also other persons, including scientists-lawyers, lawyers, foreign experts, representatives of the legal public can be designated.".

Article 2. This Law becomes effective after ten calendar days after day of its first official publication.

 

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