The grounds for the dismissal of a civil servant are the termination of a criminal case for committing a corruption offense
In accordance with subparagraph 15) of paragraph 1 of Article 61 of the Law "On Civil Service", one of the grounds for dismissal of a civil servant is the termination of a 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 (hereinafter – CPC) 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) of the first part of Article 35 and Article 36 of the CPC 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 (hereinafter – CC)
By the decision of the Semey City Court of July 16, 2021, U.'s claim to the mayor of Semey city for declaring illegal the order by which the plaintiff was dismissed under subparagraph 15) of paragraph 1 of Article 61 of the Law on Civil Service was satisfiedThe court proceeded from the fact that the criminal case against U. was initiated under part 2 of Article 371 of the Criminal Code, which provides for liability for a criminal offense that is not related to corruption crimes by virtue of paragraph 29) of Article 3 of the Criminal Code.
The court's decision has not been appealed or protested. Judicial acts of the Kyzylorda region denied the claim of E. in the claim for reinstatement (the decision of the Kyzylorda City Court of June 6, 2022, the decision of the appellate instance of September 7, 2022). While upholding the judicial acts, the court of cassation proceeded from the fact that at the time of issuing the order for Ye's dismissal. according to subparagraph 15) of paragraph 1 of Article 61 of the Law "On Civil Service", the decision of the criminal prosecution authority dated October 18, 2015, which terminated the criminal case against the plaintiff under Article 307 of Part 2 of the Criminal Code of 1997 (corruption offense) in connection with the admission of guilt and full compensation for harm (3gp-462 of December 6, 2022).
A civil servant may also be dismissed on the grounds provided for by the Labor Code, taking into account the specifics provided for by the Law "On Civil Service".In particular, dismissal due to a reduction in the number or staff of employees is carried out in compliance with the requirements contained both in the Labor Code and in article 56 of the Law "On Civil Service". So, if the Labor Code does not provide for the obligation of an employer to employ employees whose position is being reduced, then article 56 of the Law "On Civil Service" provides for such an obligation in the cases listed in paragraphs 6 and 7 of Article 56 of the Law.
It also provides for such an additional measure of social protection for civil servants as the payment of severance pay in the amount of four average monthly salaries if they have at least three years of public service experience (according to the Labor Code – in the amount of the average monthly salary).
An analysis of the received cases showed that the courts have no problems in resolving disputes related to the dismissal of civil servants due to staff reductions.
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