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Article 1. The basic concepts used in this Law of the Law on Law Enforcement Service

АMANAT партиясы және Заң және Құқық адвокаттық кеңсесінің серіктестігі аясында елге тегін заң көмегі көрсетілді

Article 1. The basic concepts used in this Law of the Law on Law Enforcement Service

   The following basic concepts are used in this Law:

     1) an automated information database (information system) is a software and hardware complex that provides the collection, storage, transmission and processing of information intended to automate activities related to planning, selection (receipt of documents) and personnel management for admission to law enforcement service;

     1-1) initial professional training is a form of vocational training for persons entering the service of law enforcement agencies aimed at acquiring professional skills;

     1-2) post–certification development - organization of individual professional self-training of a law enforcement officer based on the results of his certification;

     1-3) relocation – a change in the official position and functional responsibilities of an employee;

     2) transfer - dismissal from a position in a law enforcement agency with simultaneous appointment to a position in another law enforcement agency without termination of service in law enforcement agencies;

     2-1) a senior position is a structural unit of a law enforcement agency with authority to organize the activities of a subordinate team or individual employees.;

     3) report - a written report in a special form when an employee addresses direct or authorized managers in the course of their official activities.;

     3-1) competitiveness indicator (digital rating) – a formalized numerical expression of the professional potential of a candidate for service and an employee, based on professional competencies, as well as key indicators for the position and objective data on professional achievements (criteria), formed through the information personnel system of a law enforcement agency;

     4) qualification requirements - requirements imposed on citizens applying for a position in a law enforcement agency in order to determine their level of professional training, competence and compliance with a specific position.;

     4-1) departmental data bank is an information database of a law enforcement agency containing information about candidates for service enrolled in the reserve to fill a vacant position.;

     4-2) excluded by the Law of the Republic of Kazakhstan dated December 27, 2019 No. 292-VI (for the procedure of entry into force, see art. 2); 4-3) excluded by the Law of the Republic of Kazakhstan dated December 27, 2019 No. 292-VI (for the procedure of entry into force, see art. 2); 5) excluded by the Law of the Republic of Kazakhstan dated January 10, 2025 No. 156-VIII (effective after ten years calendar days after the date of its first official publication).

     5-1) personnel forecast – a system of reasoned ideas about the directions of development and the future state of personnel;

     5-2) Personnel planning is the process of systematically analyzing personnel needs and providing the necessary number of qualified specialists in relevant law enforcement positions.;

     6) law enforcement service is a special type of public service in positions of law enforcement agencies, as well as service in the cases provided for in Article 44 of this Law.;

     6-1) is excluded by the Law of the Republic of Kazakhstan dated January 10, 2025 No. 156-VIII (effective ten calendar days after the date of its first official publication).

     7) law enforcement agency is a state body that ensures the observance and protection of human and civil rights and freedoms, the legitimate interests of individuals and legal entities, and the state, implements state policy to combat crime and other offenses in accordance with its competence, and is endowed with special powers to ensure legality and maintain public order, identify, prevent, and suppress investigation of offenses, execution of court decisions in criminal cases;

     7-1) the head of a law enforcement agency is the first head of a law enforcement agency, who is subordinate to law enforcement officers and employees, authorized managers;

     7-2) the moral and psychological climate in law enforcement agencies is a psychological attitude characterized by a correct understanding of the tasks facing the law enforcement agency.;

     7-3) sociological monitoring of the moral and psychological climate in law enforcement units is a systematic study of social processes and phenomena aimed at obtaining information about the state of the moral and psychological climate in law enforcement units.;

     8) being at the disposal of a law enforcement agency is the passage of law enforcement service that is not related to filling a full-time position.;

     9) a law enforcement officer (hereinafter referred to as an employee) is a citizen of the Republic of Kazakhstan from among law enforcement officers who has been awarded a special rank or class rank;

     10) the disciplinary commission of a law enforcement agency is a permanent collegial body established in a law enforcement agency to review the materials of an internal investigation and investigate facts related to disciplinary misconduct in order to comprehensively, fully and objectively establish the circumstances of its commission and make recommendations on the measure of disciplinary punishment to a person who has the right to appoint and dismiss an employee involved in disciplinary responsibility;

     10-1) internal investigation – the activity of collecting and verifying materials and information about an employee's disciplinary misconduct in order to fully, comprehensively and objectively clarify the circumstances of its commission;

     10-2) Is excluded by the Law of the Republic of Kazakhstan dated 07/11/2022 No. 136-VII (effective sixty calendar days after the date of its first official publication).

     11) career development – promotion of an employee in accordance with the stages of job transfer and professional development;

     11-1) other weapons – firearms without barrels, gas weapons with the ability to fire traumatic cartridges, electric, signal, cold, throwing and other types of weapons;

     11-2) polygraph examination is a survey procedure that involves recording individual physiological reactions using special sensors.;

     11-3) psychophysiological examination is a set of measures aimed at a comprehensive assessment of the individual psychological and psychophysiological properties of candidates for law enforcement service, employees;

     12) rotation is a planned relocation of employees holding senior positions, carried out in order to maximize the use of human resources in the interests of the service.;

     12-1) rotation planning is a process aimed at determining the stages of planned job relocation and professional development of an employee.;

     12-2) anti–corruption service - operational and investigative units of the authorized body for combating corruption, carrying out activities aimed at preventing, detecting, suppressing, uncovering and investigating corruption crimes;

     12-3) mentor is an employee of a law enforcement agency assigned to a person entering law enforcement service for the first time and providing him with practical assistance in his professional adaptation.;

     13) disciplinary punishment is a measure of disciplinary responsibility imposed on an employee;

     14) disciplinary responsibility is the type of legal responsibility that employees bear for committing disciplinary offenses, as well as administrative offenses in cases stipulated by the laws of the Republic of Kazakhstan.;

     15) disciplinary misconduct – unlawful, culpable non-fulfillment or improper fulfillment by an employee of the duties assigned to him, abuse of official authority, violation of official and labor discipline, violation of the Code of Ethics of law enforcement officers, civil protection agencies and the state courier service of the Republic of Kazakhstan, as well as non-compliance with the established restrictions related to staying in law enforcement service;

     16) authorized head – the head of a regional (city of republican significance, capital) or a specialized law enforcement agency unit equivalent to it, the head of an institution, department of a law enforcement agency;

     17) organizational and staff measures – a set of measures to form the staff and structure of a law enforcement agency, a territorial or equivalent specialized subdivision of a law enforcement agency, institution, department of a law enforcement agency (creation, reorganization, liquidation of a law enforcement agency, increase or decrease in the number or staff of its employees, transformation of the position of a law enforcement officer and (or) structural divisions);

     18) nomination - occupation of higher positions in the system of a law enforcement agency;

     19) secondment - transfer of an employee for further service in other law enforcement agencies of the Republic of Kazakhstan, the Armed Forces of the Republic of Kazakhstan, other troops and military formations of the Republic of Kazakhstan, as well as in the law enforcement agency system without interruption of service;

     20) secondment - holding positions in other government agencies and international organizations while remaining in the staff of a law enforcement agency;

21) the Economic Investigation Service is the operational and investigative units of financial monitoring bodies that carry out activities aimed at preventing, detecting, suppressing, uncovering and investigating crimes and offenses attributed by the laws of the Republic of Kazakhstan to the jurisdiction of these bodies, as well as exercising other powers provided for by the legislation of the Republic of Kazakhstan.

 

The Law of the Republic of Kazakhstan dated January 6, 2011 No. 380-IV.

     This Law regulates public relations related to admission to the law enforcement service of the Republic of Kazakhstan, its passage and termination, and also defines the legal status (status), financial support and social protection of law enforcement officers of the Republic of Kazakhstan.

 

  

President    

Republic of Kazakhstan     

© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan  

 

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