Article 7. Conditions of enlistment in the service of the Law on Special State Bodies of the Republic of Kazakhstan

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 1. Citizens of the Republic of Kazakhstan who have reached the age of eighteen, but not older than the age limit for ranks established by this Law, who have the necessary personal, moral and professional qualities, educational level, health status and physical development, are enrolled in service in special state bodies on a voluntary basis.

Citizens (except cadets and trainees) who are at least 23 years old are enrolled to serve in operational units.

The assignment of units to operational and equivalent units is established by the first heads of special state bodies.

2. A person cannot be enrolled in the service.:

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

2) in accordance with the conclusion of the military medical commission, who has a medical condition that prevents him from fulfilling his official duties;

3) who refused to accept the restrictions established by law related to the employee's stay in the 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 06.10.2020 No. 365-VI (effective ten calendar days after the date of its first official publication);

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

6) who has been subject to an administrative penalty for committing an administrative corruption offense for six years prior to joining the 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 six years before entering the service, a court verdict of guilty was passed for committing a criminal offense, or who, within six 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 (service) for committing a corruption offense;

9) previously convicted or released from criminal liability for committing a crime 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 public service, from other special state bodies, law enforcement persons who have resigned from the civil protection authorities, as well as those who have terminated the powers of a judge 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 the service of special state bodies after five years after such dismissal.;

10) who has not passed a special check and (or) has knowingly provided false information about himself or his parents, children, adoptive parents, adopted, full- and half-siblings, grandchildren or spouse and her (his) parents, children, adoptive parents, adopted, full- and half-siblings, grandchildren;;

11) parents, children, adoptive parents, adopted children, full-born and half-born brothers and sisters, whose grandchildren or his spouse or her (his) parents, children, adoptive parents, adopted children, full-born and half-born brothers and sisters, grandchildren have committed grave and especially grave crimes;

12) has not passed a psychophysiological or medical examination in military medical commissions or a polygraph examination to determine suitability for service.

A special state body has the right not to explain to a candidate the established reason for refusal to apply for service.

3. Citizens enrolled in service in special state bodies must undergo psychophysiological and medical examinations in military medical commissions, as well as a polygraph examination to determine their suitability for service. The procedure for conducting polygraph examinations is determined by the first heads of special government agencies.

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

5. Upon entering service in a special state body, civil protection bodies, a citizen who has served in military or law enforcement service, service in special state bodies, civil protection bodies, his stay in service is considered continuous when from the day of his dismissal from military or law enforcement service or from service in special state bodies and until the day of his admission to service No more than three months have passed in a special government agency., provided that he has no employment relations with other individuals and legal entities during the specified period. At the same time, the specified period is not counted when calculating the length of service for determining the official salary and (or) length of service for assigning pension payments for years of service.

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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Republic of Kazakhstan

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