Article 30. Moving through the service of the Law Enforcement Service Act
1. The transfer of rank-and-file and junior commanding officers is carried out:
1) to higher positions - in the order of promotion;
2) for equivalent positions - with the consent of these persons, if necessary, to fill other positions or to make more appropriate use of them, taking into account business and personal qualities, training in a new specialty, as well as family circumstances, health status or age.;
3) in connection with admission to study at law enforcement education organizations - upon dismissal from a full-time position, as well as upon appointment to a position after graduation from an educational organization;
4) to lower-level positions:
in case of staff reduction or reorganization of a law enforcement agency, if it is impossible to transfer these persons to equivalent positions and with their consent.;
for health reasons - on the basis of the conclusion (resolution) of the military medical commission and with the consent of the employee;
according to the official discrepancy revealed by the results of the attestation;
by way of disciplinary action;
of my own volition.
2. The transfer of middle, senior and senior management personnel in the service is carried out:
1) to higher positions - in the order of promotion;
2) for equivalent positions - in connection with organizational and staff arrangements for more appropriate use in the specialty and taking into account work experience, in rotation, due to the expiration of the term of office for the position, also at their own request, with the consent of their immediate and authorized supervisors.;
3) in connection with admission to study at law enforcement education organizations, training within the framework of a state order for the training of civil servants – upon dismissal from a full-time position, as well as upon appointment to a position after graduation from an educational organization;
4) to lower-level positions:
in case of staff reduction or reorganization of a law enforcement agency, if it is impossible to use these persons in an equivalent position and with their consent;
for health reasons - based on the conclusion (resolution) of the military medical commission;
at your own request;
according to the official discrepancy revealed by the results of the attestation;
by way of disciplinary action;
5) as a secondment to government agencies and international organizations.
3. When appointing middle, senior and senior management personnel to managerial and pedagogical work in special disciplines in the educational organization of law enforcement agencies of the Republic of Kazakhstan, they retain official salaries for the latter until they are appointed to the main positions in the educational organization. The decision to maintain the official salary in each specific case is made by the head of the law enforcement agency on the recommendation of the management of the educational organization and the conclusion of the personnel service of the central office of the law enforcement agency prior to appointment.
The payment of the retained official salary is terminated upon demotion.
4. Persons of ordinary and commanding staff who have been transferred to lower positions may subsequently be promoted in accordance with the requirements of this Law.
4-1. If it is necessary to transfer middle, senior and senior management personnel to other positions, as well as to another locality, the decision on this is made with their consent by the relevant authorized managers, taking into account the training and service experience of these persons, as well as the absence of contraindications for health reasons for them and their family members.
5. The decision on the transfer of rank-and-file and commanding officers is made by order of the head of the law enforcement agency or an authorized head, indicating the grounds for the transfer.
6. Persons of middle, senior and senior management who have been transferred to a new duty station are subject to secondment to a new duty station after handing over their cases, but no later than one month from the date of receipt of the order, except in cases when these persons are on paid annual leave or on medical treatment.
7. If an employee refuses to take up the proposed position while reducing the staff of a law enforcement agency, he is subject to dismissal in accordance with this Law.
8. Employees undergo a polygraph examination when they are nominated for senior management positions.
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
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