On measures for further development of the law enforcement system of the Republic of Kazakhstan
Decree of the President of the Republic of Kazakhstan dated December 31, 2013 No. 720.
To be published in the Collection of Acts of the President
and the Government of the Republic of Kazakhstan in full and
in the republican press as presented
I DECREE:
1. Excluded by Decree of the President of the Republic of Kazakhstan dated July 18, 2016 No. 300.
2. To approve the Concept of personnel policy of law enforcement agencies of the Republic of Kazakhstan.
3. Excluded by Decree of the President of the Republic of Kazakhstan dated July 18, 2016 No. 300.
4. Control over the implementation of this Decree is entrusted to the Administration of the President of the Republic of Kazakhstan.
5. This Decree shall enter into force from the date of signing.
President
Republic of Kazakhstan
N.NAZARBAYEV
APPENDIX 1approved by Decree of the President of the Republic of Kazakhstan on December 31, 2013 No. 720
The STATE program of the most comprehensive modernization of the law enforcement system of the Republic of Kazakhstan for 2014-2020
The footnote. The state program was excluded by the Decree of the President of the Republic of Kazakhstan dated July 18, 2016 No. 300.
APPENDIX 2 is approved by Decree of the President of the Republic of Kazakhstan on December 31, 2013 No. 720
The concept of the frame policy of law enforcement agencies of the Republic of Kazakhstan
The footnote. The concept as amended by the Decree of the President of the Republic of Kazakhstan dated July 18, 2016 No. 300.
Astana, 2013
Content
Section 1. Vision of the development of personnel policy of law enforcement agencies
Section 2. Basic principles and general approaches for the development of law enforcement personnel
Section 3. List of regulatory legal acts through which it is assumed to implement the Concept of Personnel Policy of law enforcement agencies of the Republic of Kazakhstan
Terms and definitions used:
The integral competitiveness indicator is a formalized numerical expression of an employee's professional potential based on the calculation of key parameters for the position and objective indicators of professional achievements.;
The professional competence model is the knowledge, experience, and behavioral patterns of an employee that determine their ability and ability to perform tasks in accordance with specified standards.;
Human resource planning is the definition of the qualitative and quantitative need for specialists of various categories to implement the strategic objectives of the authority.;
Key performance indicators are indicators formed on the basis of a law enforcement agency's strategy and aimed at evaluating an employee's performance in achieving operational and service goals and objectives.;
professional training at the place of service is the acquisition of practical experience and the development of necessary professional skills through their direct testing in professional activities.;
The professional knowledge management system is a localized information system for organizing the process of searching, preserving and distributing the best positive experience in solving emerging problems.;
Standardization of work is the establishment of an algorithm, rules and requirements for the results of an employee's activity in a specific area of work.;
subjects of personnel policy are persons authorized to make organizational and managerial decisions, to develop recommendations for the formation and use of human resources;
personnel potential is a characteristic of professional competence and the moral and psychological state of the personnel necessary for the qualitative and timely solution of operational and official tasks.
Section 1. Vision for the development of human resources policy of law enforcement agencies Introduction
One of the main factors in maintaining the internal stability and well-being of any state is the well-functioning of the law enforcement system, whose adequacy to modern realities and functional stability is measured by human resources.
In the conditions of Kazakhstan, which has formed its own law enforcement agencies based on Soviet traditions and heritage, today the task of systemic reform of the law enforcement system, and above all, its personnel component, is acute. At the same time, the main condition for a meaningful transmission of personnel policy should remain not only the principle of continuity of accumulated experience, but also mobility and efficiency based on innovative personnel technologies.
This is the general goal pursued by the presented Concept of Personnel Policy of law enforcement agencies of the Republic of Kazakhstan (hereinafter referred to as the Concept). This document is intended not only to identify priorities in this area, but also to reveal in detail modern methods of forming professional human resources capable of timely and at the proper level to ensure the protection of citizens' rights and freedoms, public order and security.
The concept will become the basis for the development of regulatory legal acts aimed at further improving the personnel policy of law enforcement agencies of the Republic of Kazakhstan.
1.1. Analysis of the current situation
The high rates of development of democratic processes in Kazakhstan, the growth of social well-being, and the new political and economic conditions of the functioning of the Kazakh state significantly strengthen the role and responsibility of law enforcement agencies in building a rule-of-law state.
At the same time, violations of the rule of law and the rights and freedoms of citizens committed by law enforcement officials, as well as manifestations of corruption and lack of professionalism in the actions of employees, significantly reduce confidence in law enforcement officials.
Despite the obvious need, the initiatives being taken to reform certain aspects of the law enforcement system are not having the expected effect.
Faced with a low managerial level, unwillingness to introduce innovations and change the usual state of affairs, the transformations initiated were ultimately reduced to various structural transformations, without significant changes in the quality and efficiency of work.
Currently, there are a number of urgent problems inherent in law enforcement agencies:
1) the lack of a clear system of planning and personnel placement, the chaotic and disordered movement of employees (on average, every 2 years an employee changes the job site);
2) the poor quality of the examination of candidates for service, the recruitment of incompetent personnel (every tenth young employee leaves the authorities during the first year of service, one in four of them for negative reasons);
3) the lack of clear criteria for evaluating the employee's performance, which entails formalism of certification, low motivation, and protectionism in personnel promotion (according to the results of the extraordinary certification, one third of the top management of law enforcement agencies has been updated);
4) a superficial approach to professional and physical training of employees, a template character of professional development (only every fourth department is equipped with a training and material base for carrying out official and physical training of employees);
5) inefficient organizational and staff work, duplication of functions, mechanical increase in staffing without taking into account the actual workload (over the past 3 years, more than a hundred organizational and staff transformations have been carried out in law enforcement agencies, while the staff remained unchanged);
6) insufficient educational work, an increase in negative trends among employees (over the past 3 years, 1,591 criminal cases have been initiated against law enforcement officers, and this figure is increasing annually).
Today, it is necessary to improve the quality of law enforcement agencies by systematically changing the work with personnel and introducing an effective personnel policy.
For this purpose, the foreign experience of staffing in a number of CIS countries, the USA, Singapore, Germany, Great Britain, Poland and others has been comprehensively studied.
Personnel planning abroad is usually carried out in the short and medium term. Along with the number of required specialists, the specialization and level of professional qualifications of future employees are determined.
When selecting personnel, higher education is mandatory for candidates for officer positions. A high level of education is a serious advantage. Stable staff retention is ensured by an effective adaptation system for young professionals and a well-developed mentoring institute. The main factor in attracting and deterring highly qualified, competitive specialists is a high level of social guarantees.
There is a widespread practice of interim (extraordinary) certifications of employees with insufficient level of professionalism (USA, Germany, France).
In China, passing the certification is mandatory for those entering the service, in France – for promotion. In the USA, Germany and a number of other countries, in addition to certification, an employee performance assessment is conducted annually, which determines further career growth and the level of remuneration.
In the USA, Germany, Georgia, France, Japan and most other developed countries, the system of departmental education of law enforcement agencies is three-tiered: initial accelerated general training courses, basic special education and higher courses for senior law enforcement personnel. The main requirement for professional training is that graduates meet the needs of their practice.
The USA, Germany and a number of other countries use the best practices of corporate governance in matters of organizational and staff support. The so-called "process approach" has been adopted as the basis of the best international practice.
The peculiarity of educational work in law enforcement agencies of developed foreign countries is the development and instilling in employees a special corporate culture and ethics, special training in the rules of behavior in dealing with citizens in various situations. In disciplinary practice, the main focus is on prevention.
An integral part of the success of educational work is a flexible system of motivational factors, among which a significant role is assigned to the moral stimulation of employees. A popular measure is monetary bonuses for employees, depending on the effectiveness and other indicators of the service.
When developing the Concept, along with the experience of developed foreign countries, domestic positive practice was used, which ensures continuity and innovation of approaches to staffing law enforcement agencies.
1.2. The purpose and objectives of the personnel policy
The purpose of the personnel policy is to form a highly professional staff capable of competently solving the tasks of law enforcement agencies.
The specified goal is achieved by solving the following tasks:
implementation of effective methods of planning and recruitment of competent and morally stable personnel, ensuring transparency and objectivity of the selection, certification, and placement processes;
modernization of the departmental system of personnel training and retraining, the introduction of a systematic approach to professional development throughout the service;
formation of optimal organizational and staffing structures and standards of numbers, a clear definition of the tasks and responsibilities of each employee in specific areas of professional activity;
strengthening the spiritual and moral qualities of employees, fostering a high sense of patriotism, loyalty to professional duty, and creating conditions for high-quality performance of official duties.
The key indicators for the implementation of the Concept are:
qualitative improvement of performance indicators of law enforcement agencies;
high image and prestige of the service in law enforcement agencies;
improving the state of discipline and legality in law enforcement agencies;
social well-being and satisfaction of the personnel with the conditions of service, reducing staff turnover.
1.3. Implementation period and expected results
The implementation of this Concept is designed for the period up to 2018 and includes two stages.
At the first stage (2013 – 2016) it is assumed:
implementation of an effective system to meet the need for personnel;
the establishment of new requirements for positions and the introduction of objective methods of their assessment;
ensuring transparency and objectivity of procedures for filling vacant positions;
creation of the infrastructure of professional, service and physical training;
regulation of the procedure and content of actions in all areas of law enforcement agency activity;
development of scientifically based standards for the number of law enforcement officers.
Expected results of the first stage of the Concept implementation:
adoption of regulatory legal acts ensuring the implementation of timely and high-quality staffing measures;
development and implementation of scientifically sound methods for determining the standards of numbers and criteria for evaluating the results of work at each site.
The second stage (2017-2018) assumes:
creation of an effective mechanism for improving the quality of professional training and retraining of personnel;
ensuring continuity and consistency of professional development throughout the service;
fostering a high corporate spirit of employees, creating an effective employee motivation system;
building an optimal organizational and staff structure of the authorities.
The second stage of the Concept's implementation will end with the introduction of a system for building human resources and achieving optimal compliance with staffing levels to the volume of work performed.
Section 2. Basic principles and general approaches to the development of personnel support for law enforcement agencies 2.1. Principles of personnel policy
The personnel policy is based on the following principles:
meritocracy – ensuring equal access to vacant positions in accordance with the level of professional competence;
transparency of personnel decisions – transparency of appointment procedures, competitive approach to personnel selection and promotion;
scientific approach – the implementation of personnel policy based on scientifically sound methods in working with personnel;
responsibility is the employee's fulfillment of obligations to ensure the quality and effectiveness of their professional actions.;
perspective is the proactive and proactive nature of personnel policy based on forecasting the personnel situation.
2.2. Planning of personnel needs
The implementation of an effective personnel selection, training and promotion system involves the improvement of a comprehensive personnel demand planning system.
This area will include an analysis of the current human resource needs associated with the natural retirement of employees and the required specialists as part of the transformation and modernization of the law enforcement system.
In order to create an effective human resources management system, modern approaches to personnel planning and forecasting will be taken into account.
A list of priority specialties will be compiled annually, the candidate search environment will be determined, as well as the focus and duration of training required by the authority to achieve its objectives.
Planning will also extend to the personnel reserve. Taking into account the need for management personnel, it is necessary to set a limit on the personnel reserve and qualification requirements for applicants.
Guided by the priority of personnel consolidation and specialization, the movement of personnel will be systematic and purposeful. The appointment will be carried out in strict accordance with the requirements for the position and the mandatory completion of all stages of career growth.
The responsibility for the timeliness, quality and transparency of the implementation of these processes of those responsible for appointments and placement of personnel will increase significantly.
In order to evenly distribute the personnel potential, the rotations of the management staff will be implemented by analogy with the new model of public service: inter–level ("center – region", "region – center"), interregional ("region – region"), intersectoral ("center - center"). To this end, the issues of paying for the rental of housing for employees appointed in the order of rotation will be worked out.
2.3. Improvement of personnel selection, certification and placement
A key aspect of human resource development will be a new system of selection, certification and placement of personnel using objective and transparent methods.
For these purposes, each position should be developed:
a model of professional competencies that makes it possible to assess the compliance of a candidate's professional level with established requirements when forming a personnel reserve and an employee during certification;
key performance indicators for a specific site.
These parameters will become key criteria for the placement of personnel, the formation of a personnel reserve, encouragement and remuneration, as well as the basis for annual certification for employees who demonstrate poor performance.
In this context, great importance is attached to the development and implementation of objective methods for assessing competence and work efficiency. For this purpose, situational tasks will be developed, psychological tests will be defined, as well as performance criteria for each area of activity.
A serious step towards improving the moral qualities of employees will be the introduction of polygraph examination procedures in the selection of candidates and the appointment of employees to senior positions.
In this regard, it is planned to create a center for the education, training and certification of polygraph examiners, the development of a unified approach to the methodology of application in the selection, certification and official investigations, certification of used polygraph devices.
To ensure transparency of appointments to senior positions, all vacancies and requirements for candidates to replace them will be posted in departmental information and reference systems. Each employee who is in the personnel reserve and meets the established requirements will be able to apply for consideration of his candidacy.
This will significantly expand the competitive environment and ensure equal access of employees to fill vacant positions in accordance with the level of professional competence.
The appointment of the leadership of law enforcement agencies will be reviewed by the special Commission under the President of the Republic of Kazakhstan on personnel policy in law enforcement agencies of the Republic of Kazakhstan.
The basis of competitive selection will be the principle of meritocracy, which will be implemented by introducing a system of "integral competitiveness indicator".
Thus, specialized education, professional development, work experience, real professional achievements, awards, and the level of professional competence will have certain digital values.
Depending on the requirements of the position, the integral competitiveness indicator will determine both the employee's real achievements and his potential.
Each employee will be able to evaluate their integral competitiveness indicator and, based on the assessment received, apply for a particular position, plan their career, and have clear guidelines for improving their competitiveness.
The decision of the competition commission to fill the vacant position will be based on integral indicators of competitiveness, and the results of the competition and the performance of each employee will be declared in the information and reference portals of the authorities.
2.4. Professional development of human resources
Strengthening and enhancing the professional potential of law enforcement agencies requires a review of the departmental training and retraining system. It is necessary to strictly orient educational programs to the demands of practice, updating the content of education, taking into account the best international practices.
An important component of the organization of training and retraining will be the introduction of a system for determining the need for specialists, the transition to the admission and training of personnel with higher education, with experience and work experience in the specialty.
Law enforcement agencies that do not have departmental universities will conclude memoranda with leading universities in the country for targeted training of undergraduates.
Advanced training courses will be focused on current practice requirements and will be organized taking into account the analysis of the results of personnel certification, training of the personnel reserve, problems in the implementation of tasks and plans for the development of departments.
In order to improve the quality of advanced training courses, mandatory procedures are being introduced to assess their effectiveness. The main criterion will be the quality and effectiveness of the work of the trained employees. This will eliminate ineffective courses and motivate educational institutions to practice-oriented learning.
In order to improve the professional level of employees in the personnel reserve and managers, training in modern management fundamentals will become mandatory.
An important role will be given to working with young employees. All young professionals who have joined law enforcement agencies must be covered by professional adaptation programs. Within the framework of these programs, under the guidance of experienced mentors, they will master the professional skills and corporate culture of the authority.
Continuous professional development of employees should be carried out throughout the entire period of service. At the same time, independent professional training at the workplace plays an important role in the development of human resources.
To this end, the ideology of employee certification is changing. Along with determining the conformity of the position, the procedure for independent post-certification development will also become mandatory.
Based on the results of the employee's certification, a professional development program will be drawn up for the employee until the next certification. The results of mastering this program will be among the main evaluation criteria for the next certification.
It is necessary to test the system of learning the state language with "immersion" in the language environment in the order of voluntary rotation (up to 3 months) in a region where office work is conducted exclusively in the state language.
One of the key areas of professional development will be the active and widespread use of modern information technologies in self-training at the workplace.
For these purposes, it is planned to create information and reference systems for professional knowledge management in the format of departmental local networks. The work of these systems will be aimed at finding and systematizing problems in specific areas of work, as well as providing regulatory, methodological and practical information to solve the identified problems.
This will significantly reduce the time spent on finding the necessary professional knowledge, develop and disseminate positive experiences, and facilitate continuous employee training.
An important task is the comprehensive transformation of the professional service and physical training infrastructure that meets international standards. To this end, together with local executive authorities, issues of providing law enforcement agencies with sports and shooting complexes, specialized training grounds and laboratories, as well as improving the technical equipment of labor will be addressed.
2.5. Organizational and staff work
An important milestone in organizational and staff work should be the specification of criteria for evaluating the effectiveness of the body's activities, detailing its parameters to the level of a separate department, direction and area of activity.
This will make it possible to streamline and optimize the procedure of actions and technological schemes for the implementation of tasks, up to a description of the algorithm of actions of a particular contractor in the assigned area of activity.
The results obtained will be used to evaluate the work performed for compliance with the assigned functions, which will reveal the facts of duplication and performance of unusual work.
In order to optimize the staffing on the basis of technological schemes, it is planned to standardize all work performed in the authority, with clear regulation of the procedure and content of actions at the sites and areas of law enforcement.
This measure will allow specifying the tasks, powers and responsibilities of each employee, as well as setting standards for workload and staffing levels. It will also become the basis for the implementation of a management system for the efficiency and effectiveness of employees, setting measurable goals, and motivating them to achieve specific results.
The logical conclusion of the ongoing processes and standardization of work should be a large-scale audit of the compliance of staffing levels with the volume of work performed in all law enforcement agencies, bringing the organizational structure into a state conducive to the most effective implementation of assigned tasks.
2.6. Educational work and employee motivation
Service in law enforcement agencies requires an employee to have a special civic position, social and moral status.
It is necessary to pay attention to the development of a sense of patriotism, loyalty to the people and professional duty.
Work in this area will be carried out through the introduction of a special corporate culture, ensuring a favorable moral and psychological climate, and the formation of disciplinary responsibility (strengthening the preventive function in disciplinary practice).
To this end, standards of corporate culture are needed, which will be mandatory when considering the inclusion of employees in the personnel reserve and appointment to higher positions.
The issue of improving the moral and psychological climate in service teams is urgent. In this regard, it is necessary to introduce advanced methods of comprehensive psychological examination of teams. It is necessary to switch to the annual sociological monitoring of the state of the moral and psychological climate in the teams, the main parameters of which will be the assessment of the service atmosphere, satisfaction with the service, migration attitude and assessment by direct subordinates of the activities of managers.
For the effectiveness of educational work, the personal responsibility of managers at all levels for the state of the moral and psychological climate in the entrusted departments, improving the quality of the working environment and the use of working hours by subordinates will be normalized.
As part of increasing the educational value of disciplinary practice, a unified approach should be defined to assess the severity of misconduct and establish objective measures of responsibility.
An important measure in preventing disciplinary misconduct will be to shift the focus from imposing penalties to effective prevention. The practice of a detailed analysis of the circumstances of misconduct will be introduced in order to identify the causes and conditions, and identify measures to prevent them.
Special attention should be paid to the system of motivating employees to serve in law enforcement agencies by differentiating employees' pay depending on the results achieved, for which it is planned to introduce grades for each position.
An integral part of the social protection of employees should be the improvement of medical care by creating uniform medical institutions for law enforcement agencies.
2.7. Tools for the implementation of the Concept
The footnote. Section 2.7 as amended by Decree of the President of the Republic of Kazakhstan dated July 18, 2016 No. 300.
The provisions of this Concept will be implemented through the improvement of existing and the development of new regulatory legal acts on the issues of service in law enforcement agencies, changing the functions and responsibilities of the subjects of personnel policy implementation.
The implementation of this Concept will contribute to:
1) protection of the constitutional rights, freedoms and legitimate interests of individuals and legal entities in the Republic of Kazakhstan;
2) the effectiveness of the fight against crime;
3) ensuring the quality of services provided by law enforcement agencies.
Section 3. List of regulatory legal acts through which the Concept is supposed to be implemented
1. Draft Decree of the President of the Republic of Kazakhstan "On measures for the further development of the law enforcement system of the Republic of Kazakhstan".
2. The draft Law of the Republic of Kazakhstan "On amendments and additions to certain legislative acts of the Republic of Kazakhstan on law enforcement".
President
Republic of Kazakhstan
Constitution Law Code Standard Decree Order Decision Resolution Lawyer Almaty Lawyer Legal service Legal advice Civil Criminal Administrative cases Disputes Defense Arbitration Law Company Kazakhstan Law Firm Court Cases
