Article 13. Restrictions related to staying in the civil service of the Law on the Civil Service of the Republic of Kazakhstan

Home / RLA / Article 13. Restrictions related to staying in the civil service of the Law on the Civil Service of the Republic of Kazakhstan

1. A civil servant may not:

1) be a deputy of a representative body;

2) engage in other paid activities other than teaching, scientific and other creative activities, military service in the reserve;

3) engage in entrepreneurial activity, including participation in the management of a commercial organization, regardless of its organizational and legal form, if direct participation in the management of a commercial organization is not included in his official powers in accordance with the legislation of the Republic of Kazakhstan.

At the same time, civil servants, with the exception of the Chairman of the National Bank of the Republic of Kazakhstan and his deputies, the Chairman of the authorized body for regulation, control and supervision of the financial market and financial organizations and his deputies, have the right to purchase and (or) sell shares of open and interval mutual funds, bonds on the organized securities market, shares of commercial organizations (common shares in the amount not exceeding five percent of the total number of voting shares of organizations) on the organized securities market;

4) be a representative on matters of third parties in the state body in which he is employed, or directly subordinate or controlled by him;

5) to use for non-official purposes the means of material, technical, financial and informational support of his official activities, other state property and official information;

6) participate in actions that impede the normal functioning of government agencies and the performance of official duties, including strikes;

7) in connection with the exercise of official powers, use the services of citizens and legal entities for personal purposes.

2. A civil servant, in accordance with the procedure established by the legislation of the Republic of Kazakhstan, within thirty calendar days from the date of assuming public office, is obliged, for the duration of his public service, to transfer to trust management his shares, shares (shares) in the authorized capital of commercial organizations and other property, the use of which entails income, with the exception of money legally owned by this person, as well as property transferred to the property lease. The contract for the trust management of property is subject to notarization. A copy of the notarized contract for the trust management of property is submitted to the civil servant within ten days from the date of notarization to the Personnel Management service (HR service) at the place of work.

3. Civil servants, with the exception of members of the Government of the Republic of Kazakhstan and persons specified in paragraph 6 of this Article, may not transfer their bonds, shares of open-ended and interval mutual funds to trust management.

4. A civil servant has the right to receive income from property transferred to trust management.

Civil servants, with the exception of members of the Government of the Republic of Kazakhstan, have the right to lease housing.

5. The rules for transferring the property of civil servants to trust management are approved by the authorized body.

6. The Chairman of the National Bank of the Republic of Kazakhstan and his deputies, the Chairman of the authorized body for regulation, control and supervision of the financial market and financial organizations and his deputies, within one month from the date of appointment to these public positions, are obliged to transfer to the trust management and submit to the personnel service of the National Bank of the Republic of Kazakhstan, the authorized body for regulation, to control and supervise the financial market and financial organizations, a copy of a notarized trust management agreement for shares of investment funds, bonds and shares of commercial organizations.

The Chairman of the National Bank of the Republic of Kazakhstan and his deputies, the Chairman of the authorized body for regulation, control and supervision of the financial market and financial organizations and his deputies are not entitled to purchase shares of investment funds, bonds, shares of commercial organizations.

7. A civil servant may not hold a public position that is directly subordinate to the position held by his close relatives (parents, children, adoptive parents, adopted children, full- and half-siblings, grandfathers, grandmothers, grandchildren), spouse and/or relatives (full- and half-siblings, parents and children of the spouse), as well as have close relatives, spouse and (or) relatives directly subordinate to them.

The Law of the Republic of Kazakhstan dated November 23, 2015 No. 416-V SAM.

President

Republic of Kazakhstan

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