Article 44. Disciplinary offenses and penalties The Law on the Civil Service of the Republic of Kazakhstan

Home / Laws / Article 44. Disciplinary offenses and penalties The Law on the Civil Service of the Republic of Kazakhstan

1. Disciplinary misconduct of a civil servant (hereinafter referred to as misconduct) is unlawful, culpable failure or improper performance by a civil servant of the duties assigned to him, abuse of official authority, violation of official discipline and ethics, as well as non–compliance with the restrictions established by the laws of the Republic of Kazakhstan related to public service.

2. Disciplinary offenses also include the voluntary dismissal of persons who have committed a disciplinary offense that results in dismissal for negative reasons, the unlawful appointment of persons to administrative government positions and (or) the dismissal of persons from administrative government positions, the unlawful imposition of disciplinary penalties on administrative officials, the disclosure of the contents of test assignments and other competitive issues, the deliberate failure to take measures to prevention and resolution of conflicts of interest, failure to perform or improper performance of official duties to prevent the commission of corruption offenses by subordinate civil servants.

3. The following types of penalties are imposed on civil servants for committing a disciplinary offense:

1) Remark;

2) Reprimand;

3) severe reprimand;

4) warning about incomplete service compliance;

4-1) demotion from public office, with the exception of civil servants who carry out their activities on an elected basis;

5) dismissal from public office.

The laws of the Republic of Kazakhstan may establish other types of penalties.

4. Disciplinary punishment in the form of demotion from a public position is imposed if there is a subsequent vacant lower-level public position in a public authority, with the exception of temporarily vacant public positions, and the civil servant meets the qualification requirements established for this public position. Demotion in public office is carried out without competitive procedures.

Disciplinary punishment in the form of a warning about incomplete official compliance is imposed in the absence of the possibility of imposing disciplinary punishment in the form of demotion in a public position.

Disciplinary punishment in the form of dismissal from a public position is imposed on the grounds provided for by this Law and the legislation of the Republic of Kazakhstan.

5. Commission by a civil servant of any disciplinary offense specified in the sub-paragraphs 1), 6), 7), 8), 10), 11) and 12) of paragraph 1 of Article 50 of this Law, if it does not contain signs of a criminally punishable act or an administrative offense, entails demotion from public office, and in the case of absence of a vacant lower-level public position is the imposition of a disciplinary penalty in the form of a warning about incomplete official compliance in accordance with the procedure established by law.

The repeated commission of any of these disciplinary offenses within a year after the imposition of a disciplinary penalty for the first disciplinary offense entails dismissal from public office.

6. The commission by a civil servant of any disciplinary offense specified in subitems 2), 3), 4) and 5) of paragraph 1 of Article 50 of this Law, if it does not contain signs of a criminally punishable act or an administrative offense, shall entail the imposition of disciplinary punishment in the form of a warning about incomplete official compliance or dismissal.

Repeated commission of any of these disciplinary offenses within a year after the imposition of a disciplinary penalty for the first disciplinary offense entails dismissal from public office.

7. Commission by a civil servant of any disciplinary offense specified in paragraphs 9), 13), 14), 16), 17), 18) and 19) paragraphs 1 and 2 of Article 50 of this Law, if it does not contain signs of a criminally punishable act or an administrative offense, entails dismissal from a public position..

7-1. A civil servant who has occupied another political or administrative public position is subject to disciplinary liability for committing a disciplinary offense in a previous public position, taking into account the time limits for imposing disciplinary punishment in accordance with the procedure established by the legislation of the Republic of Kazakhstan.

8. Disciplinary action:

1) is imposed by officials (body) who have such a right in accordance with their official powers;

2) may not be imposed repeatedly for the same offense, provided that the first disciplinary penalty is lawful and the disciplinary penalty corresponds to the severity of the offense.;

3) is imposed in accordance with the procedure determined by the legislation of the Republic of Kazakhstan.

9. In regions, cities of republican significance, the capital, districts, and cities, it is allowed to create a unified disciplinary commission for executive bodies funded from the budgets of the respective administrative-territorial units. The unified disciplinary commission of regional, cities of republican significance, the capital, district, and city executive bodies funded from local budgets is established by decision of an official (body) authorized 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 establish a unified disciplinary commission in the interregional or regional territorial division of the central state body and its departments. A unified disciplinary commission of district and city territorial divisions is established by decision of the head of an interregional or regional territorial division of a central government agency and its department or a higher authority.

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

10. The procedure for imposing disciplinary penalties is 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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Only one disciplinary penalty may be applied to an employee for each disciplinary offense.

Only one disciplinary penalty may be applied to an employee for each disciplinary offense.Only one disciplinary penalty may be applied to an employee for each disciplinary off...