Article 63. Grounds and conditions for the imposition of disciplinary sanctions, and guarantees of civil servants’ rights when they are held disciplinarily liable On the Civil Service of the Republic of Kazakhstan

Home / Laws / Article 63. Grounds and conditions for the imposition of disciplinary sanctions, and guarantees of civil servants’ rights when they are held disciplinarily liable On the Civil Service of the Republic of Kazakhstan

Article 63. Grounds and conditions for the imposition of disciplinary sanctions, and guarantees of civil servants’ rights when they are held disciplinarily liable On the Civil Service of the Republic of Kazakhstan

1. The grounds for imposing a disciplinary sanction shall be the commission of a disciplinary offence by a civil servant.

A disciplinary sanction may only be imposed if there are no circumstances that would exempt the civil servant from disciplinary liability.

2. The following shall be recognised as circumstances precluding disciplinary liability:

1) expiry of the period for imposing a disciplinary sanction;

2) execution of unlawful orders or instructions, as confirmed by the immediate superior and the head;

3) forced measures taken to eliminate a danger that directly threatens the life, health, rights and legitimate interests of natural and legal persons, or the interests of society or the state, where that danger could not be eliminated by other means;

4) declaration of invalidity; repeal of a previously issued act or of specific provisions thereof, violation whereof entails disciplinary liability;

5) the imposition of administrative liability on a civil servant in their capacity as a public official;

6) other cases established by the laws of the Republic of Kazakhstan.

3. When imposing a disciplinary sanction and deciding on its nature, the following criteria shall be given consideration:

1) the nature and circumstances of the disciplinary offence committed;

2) the severity and circumstances of the offence committed;

3) data describing the civil servant’s character and their attitude to their duties;

4) the degree of the civil servant’s culpability;

5) circumstances mitigating disciplinary liability;

6) circumstances aggravating disciplinary liability.

4. The following shall be recognised as circumstances mitigating disciplinary liability:

1) a civil servant’s voluntary disclosure of a disciplinary offence committed by them to their immediate superior or to the head of the public authority;

2) committing a disciplinary offence where no disciplinary action has been taken and the employee acknowledges the fact of the offence;

3) committing a disciplinary offence in the context of difficult personal or family circumstances;

4) committing a disciplinary offence as a result of physical, psychological or other coercion;

5) the absence of negative consequences.

5. The following shall be recognised as aggravating circumstances in disciplinary proceedings:

1) the repeated commission of the same disciplinary offence, where a disciplinary sanction has already been imposed on the civil servant for the first offence and has not been lifted as required by the established procedure;

2) inducing a subordinate civil servant to commit a disciplinary offence;

3) committing a disciplinary offence during a state of emergency or whilst other restrictive measures are in force;

4) gross failure to fulfil official duties;

5) committing a disciplinary offence whilst on probation;

6) committing a disciplinary offence whilst under the influence of alcohol and/or drugs and/or toxic substances, or as a result of the use of a psychoactive substance.

6. Gross misconduct shall be deemed to include the improper performance or failure to perform duties by a civil servant, consisting of:

1) causing harm to a person’s life or health;

2) engaging in conduct that hinders the normal functioning of public authorities and the performance of their duties, or failing to observe professional ethics, which has caused a public outcry;

3) being at work whilst under the influence of alcohol and/or drugs and/or toxic substances, including the consumption during working hours of substances that cause such intoxication;

4) the disclosure of official data that has harmed the interests of a public authority;

5) the disclosure of information affecting the private life, honour and dignity of a person and a citizen;

6) failure to ensure the safety of state property, or the use of state property entrusted to them for non-official purposes;

7) committing other acts that have caused adverse consequences and clearly undermine the image of the civil service;

8) other actions prescribed by the laws of the Republic of Kazakhstan.

7. The imposition of a disciplinary sanction shall not exempt a civil servant who has committed a disciplinary offence from fulfilling the duty in respect whereof the disciplinary sanction has been imposed due to non-performance or improper performance.

8. A civil servant must be made aware of all the material pertaining to disciplinary proceedings against them, and they shall retain the right to participate in person in the internal investigation procedure.

9. Actions (or omissions) and decisions taken by a public authority or public official may be appealed against by civil servants subject to disciplinary proceedings as established by the laws of the Republic of Kazakhstan.

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 63. Attestation The Law on the Civil Service of the Republic of Kazakhstan

1. Attestation of administrative civil servants, with the exception of administrative civil servants who carry out their activities on an elected basis, is carried out by decision of the President of the Republic of Kazakhstan, which determines its procedure, terms and categories of certified civil servants.

2. To carry out the attestation of administrative civil servants, an attestation commission is established, which must include at least five people. The Attestation Commission is headed by the Chairman.

3. Based on the results of the attestation, the attestation commission makes one of the following decisions::

1) corresponds to the current government position and is recommended for promotion;

2) corresponds to a government position;

3) does not correspond to the position held by the state and is recommended for demotion in the state position;

4) does not correspond to the government position and is recommended for dismissal.

4. Administrative civil servants who have failed to attend a meeting of the attestation commission twice without a valid reason are recommended for dismissal.

5. Administrative civil servants who have not passed certification and (or) refused to continue public service in government bodies in other, including lower-level government positions, are subject to dismissal.

6. Promotion to an administrative public position based on the results of attestation is carried out without competitive procedures if there is a vacant higher administrative public position and the civil servant meets the qualification requirements established for this position.

7. The decision of the attestation commission, adopted based on the results of the attestation, is the basis for the nomination of a civil servant to a higher administrative public position, demotion of a civil servant to an administrative public position or his dismissal.

8. The decision of the attestation commission may be appealed by a civil servant to the head of the state body, 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.

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

President

Republic of Kazakhstan

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