Article 16. Conditions of admission to the civil service of the Law on the Civil Service of the Republic of Kazakhstan

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1. Citizens of the Republic of Kazakhstan who meet the qualification requirements, are able by their personal and professional qualities, state of health, and level of education to perform their official duties, and who have not reached the retirement age established by the law of the Republic of Kazakhstan, are accepted for public service.

The age restriction provided for in the first part of this paragraph does not apply to political government positions for which the Constitution and laws of the Republic of Kazakhstan define the terms of their powers.

In other cases not provided for by this article, a person who has reached retirement age may be appointed to a political public office only by the President of the Republic of Kazakhstan.

Age restrictions for citizens applying for positions of law enforcement agencies and civil protection officers are established by the laws of the Republic of Kazakhstan.

2. Citizens entering the service of law enforcement agencies and civil protection agencies are tested, including an assessment of personal qualities, by an authorized body, with the exception of persons:

1) applicants for training in educational organizations of law enforcement agencies and the authorized body in the field of civil protection;

2) applicants for initial professional training in the positions of private and junior commanding officers;

3) provided for in paragraph 8 of Article 6, paragraph 3 of Article 7 and paragraph 1 of Article 7-1 of the Law of the Republic of Kazakhstan "On Law Enforcement Service".

The procedure and testing programs for citizens entering law enforcement and civil protection services are determined by the authorized body in coordination with law enforcement agencies and the authorized body in the field of civil protection.

3. A citizen may not be accepted into the civil service.:

1) under the age of eighteen, unless other requirements are established by the legislation of the Republic of Kazakhstan in respect of relevant government positions.;

2) recognized by the court as legally incompetent or with limited legal capacity;

3) deprived by the court of the right to hold public office for a certain period of time;

4) having a medical condition that impedes the performance of official duties, based on the conclusion of a medical institution, in cases where special health requirements for holding relevant government positions are established in the qualification requirements.;

5) who has refused to accept the restrictions established by the laws of the Republic of Kazakhstan in order to prevent actions that may lead to the use of his status and authority based on it in personal, group and other non-official interests;

6) within two years before entering the civil service, dismissed for committing a disciplinary offense discrediting the civil service, as well as within one year before entering the civil service, dismissed for non-compliance with restrictions established by the laws of the Republic of Kazakhstan, or official ethics;

By the Normative resolution of the Constitutional Court of the Republic of Kazakhstan dated 03/06/2023 No. 4, subparagraph 6) of paragraph 3 of Article 16 of this Law of the Republic of Kazakhstan is recognized as inconsistent with paragraph 1 of Article 24, paragraphs 2 and 4 of Article 33 and paragraph 1 of Article 39 of the Constitution of the Republic of Kazakhstan regarding the establishment of an indefinite ban on the admission to public service of citizens dismissed for committing disciplinary offenses discrediting public service, due to the lack of proportionality of the legal restrictions resulting from disciplinary measures, administrative and criminal liability for offenses against the interests of the civil service and public administration.

6-1) who, within three years before entering the civil service, was dismissed from the political civil service due to loss of trust;

7) who has been subject to an administrative penalty for committing an administrative corruption offense for three years prior to joining the civil service, with the exception of the case when, as a civil servant, he was first brought to administrative responsibility for hiring a person who did not submit a declaration of assets and obligations.;

8) who committed a corruption crime;

By the Normative Resolution of the Constitutional Court of the Republic of Kazakhstan dated 08/31/2023 No. 26-NP, subparagraph 8) of paragraph 3 of Article 16 of this Law of the Republic of Kazakhstan is recognized as corresponding to the Constitution of the Republic of Kazakhstan.

9) in respect of whom, within three years before entering the civil service, a court verdict was passed for committing a criminal offense, or who, within three years before entering the civil service, was released from criminal liability for committing a criminal offense on the basis of paragraphs 3), 4), 9), 10) and 12) of the first part articles 35 or 36 of the Criminal Procedure Code of the Republic of Kazakhstan;

9-1) in respect of whom, within five years before entering the civil service, a court verdict was passed for committing a minor offense, or who, within five years before entering the civil service, was released from criminal liability for committing a minor offense on the basis of paragraphs 3), 4), 9), 10) and 12) the first part of Article 35 or Article 36 of the Criminal Procedure Code of the Republic of Kazakhstan;

9-2) in respect of whom, within eight years before entering the civil service, a court verdict was passed for committing a crime of moderate gravity, or who, within eight years before entering the civil service, was released from criminal liability for committing a crime of moderate gravity on the basis of paragraphs 3), 4), 9), 10) and 12) the first part of Article 35 or Article 36 of the Criminal Procedure Code of the Republic of Kazakhstan. At the same time, a citizen who has or has had a criminal record or has been released from criminal liability on the basis of the following points is not accepted into public service. 3), 4), 9), 10) and 12) the first part of Article 35 or Article 36 of the Criminal Procedure Code of the Republic of Kazakhstan for committing crimes of moderate severity against individuals, families and minors, the peace and security of mankind, the foundations of the constitutional order and the security of the state, property, the interests of service in commercial and other organizations, public safety and public order, public health and morals, the interests of the civil service and public administration, the order of administration, justice and the order of execution of punishments, constitutional proceedings, as well as for the commission of crimes of moderate severity in the field of economic activity;

10) having a criminal record that has not been extinguished or removed in accordance with the procedure established by law by the time he enters the civil service.;

11) previously convicted or released from criminal liability for committing a crime on the basis of paragraphs 3), 4), 9), 10) and 12) the first part of Article 35 or Article 36 of the Criminal Procedure Code of the Republic of Kazakhstan for the commission of grave or especially grave crimes;

The Regulatory Resolution of the Constitutional Court of the Republic of Kazakhstan dated 12/24/2024 No. 57-NP, subparagraph 11) of paragraph 3 of Article 16 of this Law, is recognized as consistent with the Constitution of the Republic of Kazakhstan regarding the prohibition of admission to public service of citizens previously convicted of serious or especially serious crimes. 12) 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). 13) 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).

14) within two years before entering the civil service, he was dismissed for negative reasons from law enforcement, military service, from special state bodies, from service in civil protection bodies, as well as terminated the powers of a judge for negative reasons.

The effect of the first part of this subparagraph does not apply to the person:

who terminated the powers of a judge on the basis of a decision of the Commission on the Quality of Justice under the Supreme Court of the Republic of Kazakhstan on the inconsistency of his position due to professional unfitness;

dismissed due to absence from work for three or more consecutive hours without a valid reason.

IZPI's note! Part three of subparagraph 14) is effective from 01.01.2027, in accordance with the Law of the Republic of Kazakhstan dated 10.01.2025 No. 156-VIII (text deleted). By the Normative resolution of the Constitutional Court of the Republic of Kazakhstan dated December 26, 2023 No. 38-NP, subparagraph 14) of paragraph 3 of Article 16 of this Law of the Republic of Kazakhstan is recognized as inconsistent with the Constitution of the Republic of Kazakhstan regarding the establishment, in conjunction with subparagraph 13) of paragraph 1 and paragraph 3 of Article 80 of the Law of the Republic of Kazakhstan "On Law Enforcement Service", an indefinite ban on the admission to public service of persons dismissed from a law enforcement service for committing an offense discrediting a law enforcement agency due to the lack of proportionality of this legal restriction. Decisions of courts and other law enforcement agencies based on the provisions of subparagraph 14) of paragraph 3 of Article 16 of the Law of the Republic of Kazakhstan "On the Civil Service of the Republic of Kazakhstan", recognized as unconstitutional, are not subject to execution and must be reviewed in accordance with the established procedure.

15) in other cases stipulated by the laws of the Republic of Kazakhstan.

The presence of any of the cases specified in the first part of this paragraph is the basis for refusal of admission to public service.

3-1. For holding a senior government position, the time limits specified in the sub-paragraphs 6), 6-1), 7), 9), 9-1), 9-2) and 14) of the first part of paragraph 3 of this article, shall be increased for three years.

Note. For the purposes of this paragraph, a senior government position means:

1) political government position;

2) administrative state position of the "A" building;

3) the administrative state position of the corps "B", authorized to organize the activities of subordinate civil servants in accordance with the job description;

4) the elected mayor.

4. Failure to provide or intentional distortion of the information specified in the first part of paragraph 3 of this Article is the basis for refusal of admission to public service.

5. It is not allowed to establish any discrimination based on origin, social, official and property status, gender, race, nationality, language, attitude to religion, beliefs, place of residence or any other circumstances when applying for public service.

6. Restrictions on the admission of persons to law enforcement, military service, service in civil protection bodies and special state bodies are established by the laws of the Republic of Kazakhstan.

7. Persons entering the civil service and their spouses submit to the state revenue authorities a declaration of assets and liabilities in accordance with the procedure established by the tax legislation of the Republic of Kazakhstan and within the time limits established by the Law of the Republic of Kazakhstan "On Combating Corruption".

Persons who have entered the civil service and their spouses are required to submit declarations of individuals to the state revenue authorities in accordance with the procedure and deadlines established by the tax legislation of the Republic of Kazakhstan.

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

President

Republic of Kazakhstan

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