Article 46-1. The procedure and grounds for enrolling an employee at the disposal of a law enforcement agency of the Law Enforcement Service Act

Home / RLA / Article 46-1. The procedure and grounds for enrolling an employee at the disposal of a law enforcement agency of the Law Enforcement Service Act

1. In order to resolve the issue of further law enforcement service, employees may be placed at the disposal of a law enforcement agency and dismissed from their posts in accordance with the procedure and on the grounds provided for in this article.

2. The grounds for placing an employee at the disposal of a law enforcement agency are:

1) an employee's application with a report on dismissal from his position and leaving at the disposal of a law enforcement agency at his own request;

2) dismissal of an employee from his position by way of disciplinary action provided for in subparagraph 5) of paragraph 2 of Article 56 of this Law, or based on the results of attestation;

3) carrying out organizational and staff events;

4) the end of the period of secondment to other government agencies and international organizations;

5) completion of the term of study in educational institutions within the framework of the state order for the training of civil servants, as well as doctoral programs (PhD, doctor in profile) in leading foreign higher educational institutions, determined by the Republican Commission for Personnel Training Abroad;

6) conclusion of the military medical commission;

7) dismissal of an employee from a temporarily vacant position due to the departure of the main employee;

8) refusal of the proposed position in the case provided for in paragraph 3 of Article 31 of this Law.

3. The dismissal of an employee from his position and transfer to the disposal of a law enforcement agency are carried out on the basis of an order from the head of the law enforcement agency or an authorized head for a period not exceeding fifteen calendar days.

In exceptional cases caused by special circumstances, this period may be extended by the head of the law enforcement agency for up to two months.

An employee placed at the disposal of a law enforcement agency retains the salary for the last position.

The period of stay at the disposal of a law enforcement agency does not include the period of stay of ordinary and commanding officers on leave established by this Law, for treatment in healthcare organizations (including examination by a military medical commission), the time spent en route from the place of former service to the location of the relevant law enforcement agency; for persons studying for distance learning, – time spent at educational and examination sessions of educational organizations; the time of detention in connection with criminal prosecution, in cases of termination of a criminal case on rehabilitative grounds or acquittal, from the day of arrest to the day of release inclusive.

4. In case of official necessity, the head of a law enforcement agency or an authorized head has the right to assign official duties to an employee at the disposal of a law enforcement agency to perform the tasks and functions assigned to the law enforcement agency, with the assignment of the head of a structural subdivision of the law enforcement agency.

The head of the structural unit, who is assigned an employee at the disposal of a law enforcement agency, requires the latter to properly execute orders within the framework of temporary official duties, and fully comply with the established daily routine of the law enforcement agency.

The head of a structural subdivision of a law enforcement agency is responsible for the observance of official and labor discipline by an employee enrolled in the order.

4-1. Incentive measures are applied to an employee placed at the disposal of a law enforcement agency and disciplinary penalties are imposed on him in accordance with the procedure and cases provided for by this Law.

5. The time spent by an employee at the disposal of a law enforcement agency is counted in the length of law enforcement service, in the length of service for awarding a special rank or class rank.

6. Employees who have been relieved of their posts and are at the disposal of a law enforcement agency who have not used their paid annual leave shall be granted unused leave in cases of delay in resolving the issue of their further use in the service. During their paid annual leave, their salary is paid in the amount received by their main position on the day they are placed at the disposal of a law enforcement agency, regardless of the length of their stay at the disposal.

7. The head of a law enforcement agency or an authorized head is obliged to offer a position in writing to an employee at the disposal of the law enforcement agency in compliance with the requirements of this article.

When appointing an employee at the disposal of a law enforcement agency, his qualifications, special rank, class rank, seniority, work experience, and previous position must be taken into account.

If an employee is placed at the disposal of a law enforcement agency on the grounds provided for in subparagraphs 1), 3), 4) and 5) of paragraph 2 of this article, the position is offered taking into account the professional qualities of the employee and subject to compliance with the qualification requirements provided for this position.

If an employee is placed at the disposal of a law enforcement agency on the grounds provided for in subparagraph 2) According to paragraph 2 of this article, the proposed position must be subordinate.

If an employee is placed at the disposal of a law enforcement agency on the basis provided for in subparagraph 6) of paragraph 2 of this article, the appointment to the position is made with the consent of the employee in accordance with the conclusion of the military medical commission.

8. If an employee refuses to express his disagreement with the proposed position in writing, the personnel service of the law enforcement agency draws up an act that is attached to the employee's personal file.

If an employee refuses to take up the proposed position, he is subject to dismissal from the service.

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.

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Republic of Kazakhstan

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