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Home / Laws / Article 61. Disciplinary offences committed by civil servants and disciplinary sanctions On the Civil Service of the Republic of Kazakhstan

Article 61. Disciplinary offences committed by civil servants and disciplinary sanctions On the Civil Service of the Republic of Kazakhstan

АMANAT партиясы және Заң және Құқық адвокаттық кеңсесінің серіктестігі аясында елге тегін заң көмегі көрсетілді

Article 61. Disciplinary offences committed by civil servants and disciplinary sanctions On the Civil Service of the Republic of Kazakhstan 

      1. A disciplinary offence committed by a civil servant (hereinafter referred to as a ‘disciplinary offence’) shall be deemed to be unlawful, culpable failure to perform or improper performance by a civil servant of the duties assigned to them, abuse of official powers, breach of official discipline and professional ethics, as well as failure to take measures to remedy such breaches.

      2. Disciplinary sanctions shall constitute disciplinary measures.

      The following types of disciplinary sanctions shall be imposed on civil servants for committing disciplinary offences:

      1) a reprimand;

      2) a warning;

      3) a severe reprimand;

      4) a warning regarding unsatisfactory performance;

      5) a reduction in a civil servant’s official rank;

      6) a reduction in civil service rank, excluding elected civil servants;

      7) a finding that an elected civil servant is unsuitable for the position held;

      8) a dismissal from the civil service position held, excluding elected civil servants.

      The laws of the Republic of Kazakhstan may establish other types of penalties.

      3. A disciplinary sanction in the form of demotion in a civil service position shall be imposed if there is a vacant lower-ranking civil service position within the civil service body – excluding temporarily vacant civil service positions – and provided that the civil servant satisfies the qualification requirements established for that civil service position. Appointment to a lower-ranking civil service position shall be made without a competitive selection process.

      A disciplinary sanction in the form of demotion of a civil servant shall be imposed provided that a lower-ranking post is available. Where no such post is available, a disciplinary sanction in the form of demotion within the civil service shall be imposed as stipulated in the first sub-paragraph of this paragraph.

      A disciplinary sanction in the form of dismissal from a public office and a finding that an elected civil servant is unsuitable for the post held shall be imposed on the grounds specified herein.

      4. A civil servant who has taken up another political or administrative public office shall be held disciplinarily liable for the disciplinary offence committed whilst holding their previous public office, with due regard to the time limits for imposing disciplinary sanctions as established by the legislation of the Republic of Kazakhstan.

      5. Disciplinary sanctions:

      1) shall be imposed by an official (or authority) with such powers, or by another official (or authority) to whom those powers have been delegated (hereinafter referred to as the person authorised to impose a disciplinary sanction);

      2) may not be imposed a second time for the same offence, assuming that the first disciplinary sanction has been lawfully imposed and is proportionate to the severity of the offence;

      3) shall be enforced hereunder and the procedure for imposing disciplinary sanctions on civil servants, as prescribed by the President of the Republic of Kazakhstan.

      6. The following persons shall be recognised as authorised to impose disciplinary sanctions:

      1) the imposition of a disciplinary sanction on a political civil servant – the official (authority) with the power to appoint a political civil servant to office and to remove them from office, or an official (authority) authorised by that official;

      2) the imposition of a disciplinary sanction on an elected civil servant – a superior official;

      3) a disciplinary sanction may be imposed on an administrative civil servant – other than an administrative civil servant appointed by a local representative body – by the official (authority) authorised to appoint and dismiss administrative civil servants, or by an official (authority) authorised by that official (authority);

      4) the imposition of a disciplinary sanction on an administrative civil servant appointed by a local representative body – by a local representative body or by an official authorised by it (a competent authority).

      7. Decisions regarding disciplinary liability of a civil servant shall be adopted by the person authorised to impose disciplinary sanctions.

      Disciplinary proceedings against a civil servant shall be examined by a collegial body pursuant to the procedure for imposing disciplinary sanctions on civil servants, as established by the President of the Republic of Kazakhstan.

      8. Where a disciplinary sanction in the form of a finding that an elected civil servant is unsuitable for the position held is imposed, a copy of the relevant decision shall be forwarded to the local representative body, which shall examine the matter within one month to decide whether to terminate the elected civil servant’s term of office or allow them to continue performing their duties.

      Where a decision is taken to terminate the term of office of an elected public official, a copy of the decision of the local representative body shall be forwarded to the relevant territorial electoral commission.

      Based on a decision by the local representative body, the territorial electoral commission shall take note of the fact that an elected civil servant has ceased to hold office. 

 

 

 

Law of the Republic of Kazakhstan № 290-VIII ZRK of 19 May 2026 

President    

Republic of Kazakhstan     

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_____________________ 

-Became invalid due to the adoption of the new Law of the Republic of Kazakhstan dated May 19, 2026 No. 290-VIII SAM. About the Civil Service of the Republic of Kazakhstan 

Article 61. Termination of public service by administrative civil servants of the Law On Public Service of the Republic of Kazakhstan

  1. The grounds for termination of public service by administrative civil servants are:

     1) they submit an application for dismissal at their own request, except in cases of consideration of their responsibility for a corruption offense or commission of a disciplinary offense discrediting the civil service;

     2) excluded by the Law of the Republic of Kazakhstan dated January 10, 2025 No. 156-VIII (effective ten calendar days after the date of its first official publication).

     3) their reaching the retirement age established by the law of the Republic of Kazakhstan, with the right to extend their term of public service for one year by mutual agreement of the parties;

     4) expiration of the term of the employment contract or termination of the employment contract on the grounds provided for by the labor legislation of the Republic of Kazakhstan and the legislation of the Republic of Kazakhstan in the field of public service;

     5) expiration of their terms of office provided for by the laws of the Republic of Kazakhstan and acts of the President of the Republic of Kazakhstan;

     6) transformation of public positions held by them into political positions or public positions to which citizens are appointed by local representative bodies or elected in accordance with the laws of the Republic of Kazakhstan;

     7) providing deliberately false information about income and property belonging to an administrative civil servant by right of ownership;

     8) non-compliance with duties and (or) restrictions established by the laws of the Republic of Kazakhstan;

9) non-transfer to the trust management of property, the use of which entails income, except in cases provided for by the laws of the Republic of Kazakhstan;

     10) loss of citizenship of the Republic of Kazakhstan;

     10-1) the presence of citizenship of a foreign state;

     11) committing an administrative corruption offense, except for the case when an administrative civil servant is brought to administrative responsibility for the first time for hiring a person who has not submitted a declaration of assets and obligations.;

     12) the entry into force of a court verdict of conviction for the commission of a crime or an intentional criminal offense;

     13) admission to an administrative public position of persons specified in the sub-paragraphs 6), 6-1), 7), 8), 9), 9-1), 9-2), 10), 11) and 14) the first part of paragraph 3 of Article 16 of this Law;

     14) excluded by the Law of the Republic of Kazakhstan dated January 10, 2025 No. 156-VIII (effective ten calendar days after the date of its first official publication).

     15) termination of the criminal case 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 for the commission of a corruption offense, as well as a criminal case on a crime as part of a criminal group – the body of criminal prosecution or the court on the basis of paragraphs 3), 4), 9), 10) and 12) parts one of Article 35 and Article 36 of the Criminal Procedure Code of the Republic of Kazakhstan until the expiration of the lower limit of punishment in the form of imprisonment provided for in the relevant article of the Special Part of the Criminal Code of the Republic of Kazakhstan;

     16) submission of deliberately false documents or information upon admission to the civil service, which could be grounds for refusal of admission to the civil service;

     17) non-compliance with the requirements established by this Law when appointed or elected to a public position;

     18) non-competitive occupation of an administrative public position, except in cases established by the laws of the Republic of Kazakhstan;

     19) negative certification results;

     20) unsatisfactory results of the assessment of their activities in accordance with this Law;

     20-1) unsatisfactory results of the probation period;

     20-2) refusal of rotation, taking into account compliance with the requirements stipulated by the legislation of the Republic of Kazakhstan in the field of public service;

     21) committing a disciplinary offense that discredits the civil service;

     22) other grounds provided for by the laws of the Republic of Kazakhstan and acts of the President of the Republic of Kazakhstan.

     1-1. The occupation of another public position is not a ground for termination of public service by an administrative civil servant. In this case, an act is issued on the dismissal of an administrative civil servant from his post, except in cases where his responsibility is being considered for a corruption offense or the commission of a disciplinary offense discrediting the civil service.

     2. The basis for termination of public service by administrative civil servants of the "A" corps is also the decision of an official (body) having the right to appoint to a public position and dismiss from a public position, taken on the basis of recommendations of the authorized commission.

     3. Administrative civil servants dismissed in accordance with sub-paragraphs 7), 8), 9), 11), 12), 13), 15), 16) and 21) of paragraph 1 of this article, are considered dismissed for negative reasons.

     4. The dismissal of administrative civil servants is carried out by the relevant official of the state body who has the right to be admitted to an administrative public position in accordance with this Law.

     5. In case of disagreement with dismissal, an administrative civil servant has the right to appeal the decision on dismissal to higher management, to the authorized body or its territorial divisions, to the court in accordance with the procedure established by the laws of the Republic of Kazakhstan.

     6. The replacement of political civil servants, as well as heads of state bodies who are administrative civil servants, is not a reason for the termination of public service by an administrative civil servant in a public position at the initiative of newly appointed political and (or) administrative civil servants.

 

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

 

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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