Article 6. Conditions of admission to the law enforcement service of the Law on Law Enforcement Service

Home / RLA / Article 6. Conditions of admission to the law enforcement service of the Law on Law Enforcement Service

1. Citizens of the Republic of Kazakhstan who have reached the age of eighteen and are capable of fulfilling their official duties due to their personal, moral, business, professional qualities, state of health and physical development, and level of education are accepted to serve in law enforcement agencies on a voluntary basis.

2. A person cannot be accepted into the law enforcement service.:

1) recognized as legally incompetent or with limited legal capacity in accordance with the procedure established by law;

2) in accordance with the conclusion of the military medical commission, recognized as unfit for law enforcement service for health, physical or mental development;

2-1) failed medical or psychophysiological examination, including polygraph examination;

3) who refused to accept the restrictions related to the employee's stay in law enforcement service and the anti-corruption restrictions established by the Law of the Republic of Kazakhstan "On Combating Corruption";

4) excluded by the Law of the Republic of Kazakhstan dated 18.11.2015 No. 411-V (effective from 01.01.2016);

5) who was subjected to an administrative penalty for an intentional offense during the year before joining the law enforcement service.;

6) who has been subject to an administrative penalty for committing an administrative corruption offense for three years prior to joining the law enforcement service, except for the case when, as a civil servant, he was first brought to administrative responsibility for hiring a person who did not submit a declaration of assets and obligations.;

6-1) in respect of whom, within three years before entering the service, a court verdict was passed for committing a criminal offense, or who, within three years before entering the service, was released from criminal liability for committing a criminal offense 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;

7) who committed a corruption crime;

8) dismissed from work for committing a corruption offense;

By the Normative resolution of the Constitutional Court of the Republic of Kazakhstan dated 08/31/2023 No. 27-NP, subparagraph 9) of paragraph 2 of Article 6 of this Law of the Republic of Kazakhstan is recognized as inconsistent with the Constitution of the Republic of Kazakhstan in terms of establishing, in conjunction with subparagraph 8) of paragraph 2 of Article 26 of the Law of the Republic of Kazakhstan "On Military Service and the Status of military personnel", an indefinite ban on admission to military and law enforcement service persons dismissed from military service for absence from service for three or more consecutive hours without a valid reason, due to the lack of proportionality of this legal restriction. Note from <url>! The Constitutional Court of the Republic of Kazakhstan has initiated proceedings to verify the constitutionality of subparagraph 9) of paragraph 2 of Article 6.

9) who has or has had a criminal record or has been released from criminal liability on the basis of paragraphs 3), 4), 9), 10) and 12) the first part of Article 35 or Article 36 of the Criminal Procedure Code of the Republic of Kazakhstan, as well as dismissed for negative reasons from government, military service, from other law enforcement agencies, special government agencies, as well as the termination of the judge's authority for negative reasons;

The effect of the first part of this subparagraph regarding dismissal and termination of powers for negative reasons does not apply to a person:

who terminated the powers of a judge on the basis of a decision of the Commission on the Quality of Justice under the Supreme Court of the Republic of Kazakhstan on the inconsistency of his position due to professional unfitness;

dismissed due to absence from service for three or more consecutive hours without a valid reason, who has the right to enter law enforcement service two years after such dismissal.

Note from <url>! Subparagraph 9) is provided to be supplemented with Part three in accordance with the Law of the Republic of Kazakhstan dated January 10, 2025 No. 156-VIII (effective from January 01, 2027).

3. Failure to provide or misrepresentation of the information specified in paragraph 2 of this Article is grounds for refusal of admission to law enforcement service.

4. Entry into the service of law enforcement agencies is carried out on condition that citizens pass a mandatory special check.

5. Citizens who are recruited to serve in law enforcement agencies must undergo medical and psychophysiological examinations and polygraph examinations in the relevant department of the law enforcement agency in order to determine their suitability for service.

5-1. The procedure for passing a polygraph examination is determined by the Government of the Republic of Kazakhstan.

6. Excluded by the Law of the Republic of Kazakhstan dated 18.11.2015 No. 412-V (effective from 01.01.2021).

7. Testing of citizens entering the law enforcement service is carried out in accordance with the procedure provided for by the Law of the Republic of Kazakhstan "On the Civil Service of the Republic of Kazakhstan".

8. Paragraphs 4 and 5 of this Article do not apply to employees who were previously law enforcement officers, special government agencies, who are employed by law enforcement agencies within five working days from the date of their dismissal, with the exception of those dismissed for health reasons, due to an official discrepancy revealed by the results of certification, for negative reasons, and also for military personnel who are accepted into law enforcement service in the order of transfer.

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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