Article 27. Competition for the administrative public position of the building "B" of the Law on Civil Service of the Republic of Kazakhstan

Home / RLA / Article 27. Competition for the administrative public position of the building "B" of the Law on Civil Service of the Republic of Kazakhstan

1. The competition for the vacant or temporarily vacant administrative public position of the building "B" consists of the following types::

1) general competition;

2) internal competition.

1-1. The selection of candidates for a vacant or temporarily vacant position is carried out in accordance with the competition procedure determined by the authorized body.

By decision of the head of the central state body, it is allowed to create a single competition commission for the central state body, its departments and territorial divisions, or by decision of the head of the department of the central state body, it is allowed to create a single competition commission for the department of the central state body and its territorial divisions.

In regions, cities of republican significance, the capital, districts, and cities, it is allowed to create a single competition commission for executive bodies funded from the budgets of the respective administrative-territorial units. The unified competition commission of regional, cities of republican significance, the capital, district, and city executive bodies funded from local budgets is created by decision of the person who has the right to appoint the heads of these executive bodies.

For district and city territorial divisions of the central state body and its departments, it is allowed to create a single competition commission in the interregional or regional territorial division of the central state body and its departments. The unified competition commission of district and city territorial divisions is created by the decision of the head of the interregional or regional territorial division of the central state body and its department or by the decision of a higher authority.

2. The stages of the competition for the administrative public position of the corps "B" are determined by the President of the Republic of Kazakhstan.

The competition includes an additional stage of approving the participants of the competition before the interview stage in accordance with the legislation of the Republic of Kazakhstan in the field of physical culture and sports.

The order of the competition is determined by the authorized body.

3. When conducting a competition in central government agencies, departments and their territorial divisions, announcements are posted on the Internet resources of central government agencies and the authorized body. Additional publication of advertisements is allowed on other Internet resources and in periodicals distributed throughout the Republic of Kazakhstan.

Announcements of the competition in executive bodies funded from the local budget are posted on the Internet resources of executive bodies funded from the local budget and the authorized body. Additional publication of advertisements is allowed on other Internet resources and in periodicals distributed on the territory of the relevant administrative-territorial unit.

In the case of the creation of a unified personnel management service (HR service), ads are also posted on the Internet resource of the government agency in whose structure it consists.

3-1. If the powers of the central executive body or its department include the coordination of local executive bodies in the areas of activity of this central executive body or its department, then representatives of this central executive body or its department have the right to participate in the work of competition commissions established to hold competitions for the positions of heads of relevant executive bodies of regions, cities of republican significance, the capital, funded from local budgets.

The state body creating the competition commission for holding competitions for the positions of heads of executive bodies of regions, cities of republican significance, the capital, financed from local budgets, is obliged to send a request to the relevant central executive body on the submission of a candidate to the competition commission.

4. If a competition is being held for a temporarily vacant administrative public position in Building B, this condition must be indicated in the announcement of the competition.

5. The participant of the competition, who has received a positive conclusion from the competition commission, has the right to occupy a vacant or temporarily vacant administrative public position in the "B" building. The official who has the right of appointment is obliged to accept him for the declared public position. At the same time, the requirements stipulated by the legislation of the Republic of Kazakhstan in the field of public service must be observed.

6. The decision of the competition commission may be appealed in accordance with the procedure established by the laws of the Republic of Kazakhstan.

7. The occupation of vacant or temporarily vacant administrative government positions of assistants or advisers to the first heads of government agencies, press secretaries is allowed without a competition.

Subsequent transfer of persons who have occupied administrative state positions in accordance with the procedure established by the first part of this paragraph within the state body is not allowed.

Persons who have occupied administrative public positions in accordance with the procedure established by part one of this paragraph are allowed to participate in an internal competition after one year after holding public office, provided they pass testing and personal qualities assessment.

8. A person, within thirty calendar days from the date of dismissal from public service, with the exception of those dismissed for negative reasons or based on the results of an assessment of their activities, probation period or attestation results, is entitled to take up an administrative public position of Corps B following the results of the competition and (or) participate in the competition and elections for the administrative public position of the corps "B" without passing the test, provided that it was not in an employment relationship with other individuals and legal entities that are not government agencies, and also did not travel outside the Republic of Kazakhstan.

In these cases, this person is not subject to the requirements for passing a mandatory special inspection and submitting a declaration of assets and liabilities.

At the same time, only the person who has been dismissed from the state bodies, whose employees are entitled to participate in the internal competition of this state body, is entitled to participate in the internal competition.

9. Government employees participating in the competition are not tested.

Civil servants and persons specified in the first part of paragraph 8 of this Article participating in the competition are assessed for personal qualities in cases determined by the authorized body.

10. Vacant or temporarily vacant administrative government positions of the B corps may be filled by way of transfer without a competition in cases and in accordance with the procedure determined by the President 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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