Article 64. Misconduct and penalties The Law on Special State Bodies of the Republic of Kazakhstan

Home / Laws / Article 64. Misconduct and penalties The Law on Special State Bodies of the Republic of Kazakhstan

1. Disciplinary misconduct of an employee (hereinafter referred to as misconduct) is unlawful, culpable failure or improper performance by an employee of the duties assigned to him, abuse of official authority, violation of official discipline, rules of official ethics, as well as non–compliance with the restrictions established by the laws of the Republic of Kazakhstan related to service.

2. If a minor offense is committed, the supervisor has the right to limit himself to a written warning to the employee about the need for strict observance of official discipline.

A written warning is drawn up by an official on behalf of the relevant supervisor.

A written warning is brought under the signature of the employee, registered and transferred to the personnel department for inclusion in the employee's personal file. After six months, it is withdrawn and destroyed by the personnel department in accordance with the established procedure.

A written warning is not a penalty.

3. In order to prevent employee misconduct by decision of

the head can be considered and discussed:

1) privates – at staff meetings;

2) sergeants – at meetings of non-commissioned officers;

3) officers – at officers' meetings.

4. Misconduct of senior officers may be considered and discussed at meetings of only senior and senior officers, misconduct of senior officers may be discussed at meetings of only senior officers.

5. In urgent and extreme cases, an employee may be suspended from his position until the issue of his responsibility is resolved.

Temporary suspension from office may be applied to an employee in cases where the misconduct he has committed impedes the performance of his official duties or the performance of duties by other employees, or when the employee's performance of official duties impedes (may hinder) a comprehensive, complete, objective and timely clarification of the circumstances of his misconduct, the identification of the causes and conditions that contributed to its commission.

6. An employee is removed from office by the head who has been granted the right to appoint him to the position.

The head who dismissed the subordinate is obliged to report this on command, detailing the reasons and circumstances that caused the dismissal.

A supervisor who dismisses a subordinate without sufficient justification bears disciplinary and other responsibility for this.

7. Disciplinary punishment (hereinafter referred to as punishment) is a measure of disciplinary action against an employee applied by an authorized supervisor.

8. The following disciplinary penalties may be applied to employees:

1) Remark;

2) Reprimand;

3) severe reprimand;

4) warning about incomplete service compliance;

5) reduction in special rank by one step;

6) dismissal from the service for negative reasons.

9. Disciplinary penalties are applied to cadets, students of military and special educational institutions.:

1) Remark;

2) appointment to the squad out of turn (except for appointment to the squad to ensure the protection of the unit);

3) deprivation of another discharge from the location of a military or special educational institution;

4) Reprimand;

5) severe reprimand;

6) dismissal from the service for negative reasons.

10. An employee who commits a misdemeanor may be subject only to the penalties specified in this Law.

11. Penalties for misconduct committed by a group of employees are imposed on each perpetrator individually, depending on the measure of his responsibility.

12. It is prohibited to impose several penalties for the same offense or to combine one penalty with another, to impose penalties on the entire personnel of the unit instead of punishing the direct perpetrators.

13. The imposition of a penalty does not release an employee who has committed a misdemeanor from fulfilling the obligation for which a penalty was imposed for non-fulfillment or improper fulfillment.

14. If, due to the severity of the misconduct committed by a subordinate, the authorized supervisor considers the disciplinary rights granted to him insufficient, he shall apply for the imposition of penalties on the perpetrator with the rights of a superior supervisor.

15. A superior supervisor does not have the right to cancel or reduce a disciplinary penalty imposed by a subordinate supervisor due to the severity of the penalty, if the latter has not exceeded the powers granted to him.

16. A superior supervisor has the right to cancel a penalty imposed by a subordinate supervisor if he finds that this penalty does not correspond to the severity of the offense committed, and impose a more severe penalty.

In case of unlawful imposition of a penalty, it may be revoked by the rights of a superior.

The supervisor who imposed the penalty unlawfully is responsible for this.

17. The imposition of penalties on an employee does not release him from other types of liability provided for by law.

18. Penalties imposed on employees must correspond to the severity of their misconduct and the degree of their guilt.

The severity of the penalty increases if the perpetrator has repeatedly committed offenses or participated in a group offense, if the offense was committed while on duty, at work, in the performance of official duties, or in a state of alcoholic, narcotic, psychotropic, or substance abuse intoxication (their analogues).

19. The imposition of penalties on an employee who is part of the daily duty (on duty) for misconduct committed by him during his service is carried out after his shift from the duty or after his replacement by another employee.

20. When imposing a penalty on an employee, humiliation of his personal dignity, infliction of physical and moral suffering and rudeness towards him are not allowed.

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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