Article 50. Disciplinary offenses discrediting the civil service of the Law on the Civil Service of the Republic of Kazakhstan

Home / Laws / Article 50. Disciplinary offenses discrediting the civil service of the Law on the Civil Service of the Republic of Kazakhstan

1. The following acts of civil servants are recognized in this Law as disciplinary offenses discrediting the civil service:

1) unlawful interference in the activities of other state bodies and organizations;

2) the use of their official powers in resolving issues related to the satisfaction of their material interests or close relatives and relatives;

3) providing benefits not provided for by law (protectionism, nepotism) when applying for and advancing in public service;

4) giving undue preference to individuals and (or) legal entities when preparing and making decisions;

5) providing anyone with any assistance not provided for by the legislation of the Republic of Kazakhstan in carrying out entrepreneurial and other income-generating activities;

6) the use of information obtained in the performance of government functions for personal or group interests, if such information is not subject to official dissemination.;

7) unjustified denial of information to individuals and legal entities, the provision of which is provided for by the legislation of the Republic of Kazakhstan, or its delay, the transfer of unreliable or incomplete information;

8) requiring individuals or legal entities to provide information that is not provided for by the legislation of the Republic of Kazakhstan.;

9) transfer of state financial and material resources to the electoral funds of individual candidates;

10) giving gifts and rendering non-official services to officials in order to obtain property benefits, benefits or advantages using the official powers of these persons;

11) explicit obstruction of individuals or legal entities in the exercise of their rights, freedoms and legitimate interests;

12) gross violations of the requirements for the organization and conduct of inspections in respect of business entities established in the sub-paragraphs 1), 2), 3), 4) and 7) of Article 151, subitems 2), 6) and 8) of paragraph 2 of Article 156 of the Entrepreneurial Code of the Republic of Kazakhstan;

13) delegation of authority for state regulation of entrepreneurial activity to individuals or legal entities engaged in such activities, as well as for control and supervision of them;

14) transfer of state control and supervisory functions to organizations that do not have the status of a state body;

15) Excluded by the Law of the Republic of Kazakhstan dated 07/08/2024 No. 116-VIII (effective sixty calendar days after the date of its first official publication).

16) accepting for the performance of their state or equivalent functions any remuneration in the form of money, services and other forms from organizations in which the person does not perform the relevant functions, as well as from individuals, unless otherwise provided by the legislation of the Republic of Kazakhstan.

Money deposited into the account of a civil servant without the knowledge of the said person, as well as funds received by him in connection with the performance of relevant functions in violation of paragraph one of this subparagraph, shall be transferred to the republican budget no more than two weeks after their discovery, with an explanation to the relevant state revenue authority on the circumstances of receipt of such funds.;

17) accepting gifts or services in connection with the performance of their state or equivalent functions from civil servants and other persons dependent on them in the service, for general patronage or connivance in the service.

Gifts received without the knowledge of a civil servant, as well as received by him in connection with the performance of relevant functions in violation of paragraph one of this subparagraph, are subject to gratuitous transfer to the authorized state property management body within seven calendar days from the date of receipt of the gift or from the day when the civil servant became aware of the received gift., and services rendered to a civil servant under the same circumstances must be paid for by transferring money to the republican budget within seven calendar days from the date of rendering the service or from the day when the civil servant became aware of the provision of the service.

The civil servant who received the gifts has the right, upon notification of a higher official, to redeem them at a cost determined in accordance with the Law of the Republic of Kazakhstan "On Valuation Activities in the Republic of Kazakhstan", on the basis of a purchase and sale agreement concluded with the authorized state property management body. The proceeds from the sale of gifts are transferred to the republican budget.;

18) acceptance of invitations to domestic and foreign tourist, health and wellness and other trips at the expense of individuals and legal entities, both foreign and the Republic of Kazakhstan, with the exception of trips:

at the invitation of the spouse, relatives at their expense;

at the invitation of other individuals (with the consent of a higher official or body), if the relationship with them does not affect the issues of official activity of the invited;

carried out in accordance with international treaties of the Republic of Kazakhstan or by mutual agreement between government agencies of the Republic of Kazakhstan and government agencies of foreign states at the expense of relevant government agencies and (or) international organizations;

carried out with the consent of a higher official or body for participation in scientific, sports, creative, professional, humanitarian events at the expense of organizations, including trips carried out within the framework of the statutory activities of such organizations;

19) the use of advantages not provided for by the legislation of the Republic of Kazakhstan in obtaining loans, loans, the acquisition of securities, real estate and other property.

2. Family members of a civil servant are not entitled to accept gifts and services, invitations to tourist, health and wellness and other trips at the expense of individuals and legal entities, both foreign and the Republic of Kazakhstan, with whom the said person is associated in the service. A civil servant is obliged to transfer gifts illegally received by his family members to the authorized state property management body free of charge within seven calendar days from the day when he became aware of receiving the gift, and reimburse the cost of services that were unlawfully used by his family members by transferring money to the republican budget within seven calendar days from the day when the civil servant became aware of the provision of the service.

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

President

Republic of Kazakhstan

Constitution Law Code Standard Decree Order Decision Resolution Lawyer Almaty Lawyer Legal service Legal advice Civil Criminal Administrative cases Disputes Defense Arbitration Law Company Kazakhstan Law Firm Court Cases

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...