Article 51. Procedure for dismissal from service The Law on Special State Bodies of the Republic of Kazakhstan

Home / RLA / Article 51. Procedure for dismissal from service The Law on Special State Bodies of the Republic of Kazakhstan

1. The dismissal of employees to the reserve or retirement from service is carried out by order of an authorized official who has the right to do so in accordance with the list of officials.

2. The exclusion of an employee from the list of personnel is carried out after the completion of cases and positions within the time limits established by special government agencies.

3. If an employee is on vacation, on medical treatment, or on a business trip, there is no exclusion from the list of personnel.

4. An employee is notified in writing in advance (but not later than one month in advance) by an authorized supervisor about reaching the age limit for service or the expiration of the contract.

After notifying an employee of his upcoming dismissal, it is prohibited to send him on a business trip.

5. An extract from the employee's dismissal order is brought to his attention against signature. If an employee is located outside the location of the authority, an extract from the order is brought to his attention upon return.

An extract from the order is issued only on the basis of a written statement from the dismissed employee.

5-1. Persons dismissed from the service of special state bodies have the right to appeal the decision on dismissal to higher officials in court in accordance with the procedure established by the laws of the Republic of Kazakhstan.

6. If an employee has several grounds for dismissal from the service, he or she is dismissed on the basis he or she chooses, except in cases where the dismissal is based on negative motives.

7. The dismissal of employees for health reasons is carried out after the personnel office of a special state body receives the conclusion of the military medical commission.

8. Excluded by the Law of the Republic of Kazakhstan dated 04/15/2022 No. 114-VII (effective ten calendar days after the date of its first official publication).

9. Cadets dismissed in connection with their expulsion from a military, special educational institution or educational organization of a foreign state are sent to local military administration bodies for military registration of conscripts and undergo military service in accordance with the established procedure.

10. Dismissal of employees in connection with the termination of citizenship of the Republic of Kazakhstan is carried out by a decision of the authorized head from the date of entry into force of the relevant Decree of the President of the Republic of Kazakhstan on renunciation of citizenship of the Republic of Kazakhstan or the date of registration of loss of citizenship of the Republic of Kazakhstan by authorized state bodies in accordance with the procedure established by the legislation of the Republic of Kazakhstan.

11. Dismissal in connection with transfer to service in state bodies (institutions) is carried out according to the employee's report upon receipt of the relevant notification from the state body (institution) on the employee's employment, indicating the position of the civil servant.

12. Excluded by the Law of the Republic of Kazakhstan dated 04/15/2022 No. 114-VII (effective ten calendar days after the date of its first official publication).

13. Dismissal due to the impossibility of further service based on the results of a special inspection is carried out if, according to the results of a special inspection, circumstances have been identified that prevent an employee from obtaining access to state secrets if it is impossible to appoint him to a position that does not require access to state secrets.

13-1. Dismissal from service due to non-compliance with the position held on the recommendation of the attestation commission approved by the authorized head is carried out by order of the authorized head.

14. Dismissal from service for negative reasons is carried out in the following cases::

1) the entry into force of a court verdict of conviction for the commission of a crime – on the basis of a court verdict of conviction received by a special state body and an order for its execution;

2) exemption from criminal liability for the commission of a crime on the basis of paragraphs 3), 4), 9), 10) and 12) of the first part of Article 35 or Article 36 of the Criminal Procedure Code of the Republic of Kazakhstan - on the basis of a court verdict and an order on its entry into force or a resolution of the criminal prosecution body approved by as a prosecutor;

3) the establishment, in the performance of the duties of the service, of the fact of the use of a psychoactive substance or a state of intoxication, confirmed by the results of a medical examination conducted at a medical organization, as well as the refusal or evasion of its passage – based on the results of an internal investigation;

4) establishing the fact of non–medical use of narcotic drugs, psychotropic substances, and their analogues during off-duty hours, confirmed by the results of a medical examination conducted at a medical organization, based on the results of an internal investigation;

5) the employee's failure to comply with the terms of the contract – based on the results of an internal investigation;

6) failure to provide or misrepresentation of the information specified in paragraph 2 of Article 7 of this Law, regardless of the date of commission – based on the results of an internal investigation;

7) deprivation of a special rank in accordance with the procedure established by the legislation of the Republic of Kazakhstan – on the basis of a court verdict of conviction received by a special state body and an order for its execution;

8) absence from service for three or more consecutive hours without valid reasons – based on the results of an internal investigation;

9) violations of the established requirements for ensuring the secrecy regime, resulting in the disclosure or loss of information constituting state secrets and their carriers, based on the results of an internal investigation.;

10) defined by the labor legislation of the Republic of Kazakhstan and the Law of the Republic of Kazakhstan "On Combating Corruption";

11) committing a misdemeanor discrediting service in special state bodies – based on the results of an internal investigation.

Misconduct that discredits service in special state bodies is the actions of employees, including those not related to the performance of duties of the service, but clearly undermining the authority of service in special state bodies in the eyes of citizens, namely:

using official position for personal gain;

engaging in any type of entrepreneurial activity, including commercial intermediation, except in cases where this is their official duties in accordance with the legislation of the Republic of Kazakhstan.;

performing works and rendering services using official position and receiving remuneration for it;

the commission of culpable acts by an employee directly servicing budgetary funds or state property, if these actions give grounds for loss of confidence in him on the part of the authorized head.;

the appearance of an employee in a special form of clothing in a public place in a state of alcoholic or other intoxication caused by the non-medical use of narcotic drugs, psychotropic substances, and their analogues, insulting human dignity and public morality;

participation in gambling of a monetary or other property nature and (or) betting on money, things and other valuables.

15. If an employee is elected or appointed as a deputy of the Parliament of the Republic of Kazakhstan or local representative bodies, he has the right to early dismissal based on the election results published in the relevant media.

16. An employee, in case of his election or appointment to the position of a judge, has the right to early dismissal on the basis of the relevant act on his appointment or notification of the authorized state body on his election.

17. Employees who are dismissed from service, as well as cadets, students who have been expelled from military and special educational institutions of special government agencies, hand over their service identification and badge.

18. The day of an employee's dismissal from service is considered to be the day of his exclusion from the list of personnel by order of the authorized head.

The Law of the Republic of Kazakhstan dated February 13, 2012 No. 552-IV.

This Law defines the status of special state bodies of the Republic of Kazakhstan (hereinafter referred to as special state bodies), regulates public relations related to admission to service in special state bodies, its passage and termination, and also defines the legal status, financial support and social protection of employees of special state bodies.

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Republic of Kazakhstan

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