of December 29, 2015 No. 12
About some questions of occupation of managerial state position of the case "B"
According to subitems 2), 5), 11) of Item 2 of Article 5, item 4 of Article 17, Items 3, 4 articles 28 of the Law of the Republic of Kazakhstan of November 23, 2015 "About public service of the Republic of Kazakhstan", ORDER:
1. Approve:
1) Rules of carrying out tenders on occupation of managerial state position of the case "B" according to appendix 1 to this order;
2) Rules, programs and the organization of testing of administrative government employees, candidates for occupation of managerial state positions according to appendix 2 to this order;
3) ceased to be valid according to the Order of the Chairman of the Agency of the Republic of Kazakhstan for public service and to anti-corruption of 13.12.2016 No. 85
2. Declare invalid some orders of the Chairman of the Agency of the Republic of Kazakhstan for public service according to appendix 4 to this order.
3. To provide to department of public service of the Ministry of cases of public service of the Republic of Kazakhstan:
1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;
2) official publication according to the procedure, established by the legislation of the Republic of Kazakhstan;
3) within ten calendar days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan the direction in the Republican state company on the right of economic maintaining "The republican center of legal information of the Ministry of Justice of the Republic of Kazakhstan" for placement in Reference control bank of regulatory legal acts of the Republic of Kazakhstan.
4. To impose control of execution of this order on the deputy minister for public service of the Republic of Kazakhstan supervising questions of public service.
5. This order becomes effective from the date of its first official publication and extends to the relations which arose since January 1, 2016.
Minister of cases of public service of the Republic of Kazakhstan
T. Donakov
Appendix 1
to the Order of the Minister of cases of public service of the Republic of Kazakhstan of December 29, 2015 No. 12
1. These rules of carrying out tenders on occupation of managerial state position of the case "B" (further – Rules) determine procedure for carrying out tender on occupation of managerial state positions of the case "B" (further – tender) according to article 27 of the Law of the Republic of Kazakhstan of November 23, 2015 "About public service of the Republic of Kazakhstan" (further – the Law).
2. Tender provides constitutional right of citizens of the Republic of Kazakhstan on equal access to public service.
3. Competition is held by the state body having vacant and temporarily vacant managerial state positions of the case "B" (further – vacant positions).
4. In the presence of vacant managerial state position the state body before carrying out tender considers the list of the citizens consisting in personnel reserve of classified public service of the case "B" on the corresponding category of position.
In case of compliance of the citizen enlisted in personnel reserve of classified public service of the case "B" to the qualification requirements to vacant managerial state position established by state body, the state body can appoint it to managerial state position of the case "B" before the expiration of year of stay in personnel reserve of the case "B" without carrying out tender according to article 68 of the Law.
5. The state body which announced competition creates tender committee for candidate screen on occupation of vacant position.
6. The solution of tender committee is the basis for acceptance for vacant post or refusal in acceptance to such position.
7. In cases of reorganization or liquidation of state body, the announced competition is subject to cancellation at any stage of its carrying out.
8. Tender on occupation of vacant or temporarily vacant managerial state position of the case "B" consists of the following types:
1) internal tender;
2) general tender.
9. Tender includes number of consecutive stages:
1) publication of the announcement of carrying out tender;
2) documents acceptance from the citizens who showed willingness to take part in tender;
3) creation of tender committee of state body or unified tender committee;
4) consideration of documents of participants of tender on compliance to the established qualification requirements to managerial state position of the case "B";
5) the interview with candidates conducted by tender committee of state body;
6) conclusion of tender committee of state body.
10. Citizens make expenses on participation in tender (journey to the venue of interview and back, employment of premises, accommodation, use of communication services of all types) at the expense of own means.
11. The citizens of the Republic of Kazakhstan conforming to the requirements specified in article 16 of the Law take part in tender.
12. Participants of tender are the citizens of the Republic of Kazakhstan who filed documents to state body after publication of the announcement of tender.
13. Candidates for occupation of vacant position (further – candidates) are the participants of tender allowed to interview based on the solution of tender committee.
14. The tender committee considers the documents filed by participants of tender, conducts interview with candidates and performs candidate screen on occupation of vacant positions.
15. The tender committee is created according to the procedure, determined by these rules the head of the relevant state body, and in state bodies in which the position of the responsible secretary (chief of staff), is entered by the responsible secretary (chief of staff), the given right of appointment to the corresponding position.
16. According to the solution of the face specified in Item 15 of these rules, the head of the HR department (personnel service), and in case of its absence – the other person is appointed the chairman of tender committee.
17. In areas, the cities, areas creation of unified tender committee for the executive bodies financed from budgets of the corresponding administrative and territorial units is allowed. The unified tender committee of the district, city, regional executive bodies financed from local budgets is created according to the solution of the face given the right of appointment of heads of data of executive bodies.
18. For district territorial subdivisions of the central state body creation of unified tender committee in interregional or regional territorial subdivision of the central state body is allowed. The unified tender committee of district territorial subdivisions is created according to the decision of the head of interregional or regional territorial subdivision of the central state body or according to the decision of higher body.
19. The tender committee consists at least of five members, including the chairman. At the same time the structure of the tender committee created in the central state body joins representatives of different structural divisions in number of at least a third of members of tender committee.
20. Tender committee the staff of service of personnel management (personnel service) or persons to whom fulfillment of duties of service of personnel management (personnel service), the staff of the structural divisions having vacant positions on which occupation competition is held is assigned are also included.
21. Unified tender committee heads of state bodies or structural divisions of the state bodies having vacant positions on which occupation competition is held are included.
22. The political government employee who is the head or the deputy manager of state body cannot be part of tender committee.
23. The participant of tender is not part of tender committee.
24. The secretary of tender committee performs organizational support of its work and does not take part in vote.
25. Substitution of the absent members of tender committee is not allowed.
26. Change of structure of tender committee is performed according to the solution of the face specified in Item 15 of these rules.
27. The tender committee creates the list of the questions for each announced vacant position set in equal amount to the candidates applying for the same position.
28. In the cases provided by Items 60 and 101 of these rules, tender committee also the list that essay for each vacant position affirms.
29. For ensuring transparency and objectivity of work of tender committee observers are invited to its meeting.
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The document ceased to be valid since April 19, 2017 according to Item 2 of the Order of the Chairman of the Agency of the Republic of Kazakhstan for public service and to anti-corruption of February 21, 2017 No. 40