Article 60. Resignation and dismissal of political civil servants The Law on the Civil Service of the Republic of Kazakhstan
1. Resignation is the termination of the performance of duties in a relevant public position by a political civil servant, carried out on the basis of his written application.
2. The resignation is accepted or a reasoned refusal is given by a state body or an official who appointed (elected) a political civil servant to this public position. The decision to accept or refuse to resign is made within one month from the date of submitting a written application. In case of refusal to resign, a political employee must continue to perform his official duties and has the right to be dismissed.
In case of refusal to resign, a political civil servant may be brought to disciplinary responsibility in accordance with the law by decision of the person (body) that made the decision to refuse to resign.
At the same time, a political civil servant is brought to disciplinary responsibility in accordance with the procedure established by the legislation of the Republic of Kazakhstan if there are any of the following grounds during the period of his activity:
1) when a directly subordinate employee commits a corruption offense on a large or especially large scale;
2) when a corruption offense is committed by a directly subordinate employee, if it has been committed repeatedly;
3) when two or more directly subordinate employees commit a corruption offense.
3. Political civil servants shall submit and resign on the grounds and in accordance with the procedure established by the Constitution, this Law and other legislation of the Republic of Kazakhstan.
If the grounds for resignation are not provided for by the legislation of the Republic of Kazakhstan, political civil servants are dismissed on the general grounds provided for by this Law or the labor legislation of the Republic of Kazakhstan.
3-1. Political civil servants specified in the sub-paragraphs 1), 2), 3), 4), 4-1) and 5) of this paragraph, resign if, after three months from the date of their appointment, a corruption offense has been committed.:
1) the head of the central state body − when committing a corruption crime by his deputy, directly subordinate to a political civil servant, the head of the staff or the head of the regional, city of republican significance or the capital of the territorial subdivision of the central state body;
2) akim of a region, a city of republican significance or the capital − when committing a corruption crime by his deputy, directly subordinate to a political civil servant, chief of staff or akim of a district (city of regional significance), district in the city, with the exception of the elected akim ;
3) deputy head of the central state body − when committing a corruption crime by the head of the department supervised by him, an independent structural unit;
4) deputy akim of the region, city of republican significance or capital − when committing a corruption crime by the head of the executive body supervised by him, funded from the local budget;
4-1) the head of the office of the akim of the region, the city of republican significance and the capital − when committing a corruption crime by his deputy, the head of the executive body supervised by him, funded from the local budget, the head of the directly subordinate structural unit of the office of the akim of the region, the city of republican significance and the capital;
5) akim, with the exception of the persons specified in subparagraph 2) of this paragraph, − for the commission of a corruption offense by his deputy, the head of the akim's office, the head of the executive body supervised by him, funded from the local budget.
Political civil servants shall resign on the grounds and in accordance with the procedure provided for in part one of this paragraph, within ten calendar days after the entry into force of a court verdict or the termination of a criminal case by a criminal prosecution body or court on the basis of paragraphs 3), 4), 9), 10), 11) and 12) the first part of Article 35 or Article 36 of the Criminal Procedure Code of the Republic of Kazakhstan.
The specifics of the resignation of elected akims who are political civil servants are regulated by the Law of the Republic of Kazakhstan "On Local Public Administration and Self-Government in the Republic of Kazakhstan"
3-2. The appointment of a political civil servant to another political public position does not release him from the obligation to resign for committing a corruption offense by a direct subordinate employee at the former place of work of the political civil servant during his activity on the grounds and in accordance with the procedure provided for in paragraph 3-1 of this article.
4. Gross violation of official powers, commission of misconduct incompatible with public service may not serve as grounds for the resignation of a political civil servant, but are grounds for dismissal. The grounds and procedure for dismissal of political civil servants are determined by the President of the Republic of Kazakhstan.
5. Political civil servants appointed by the President of the Republic of Kazakhstan may be dismissed by decision of the President of the Republic of Kazakhstan due to loss of confidence for non-fulfillment or improper fulfillment of their official duties.
The Law of the Republic of Kazakhstan dated November 23, 2015 No. 416-V SAM.
President
President
Republic of Kazakhstan
© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan
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