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2007 Assessment

Kazakhstan: Integrity Indicators Scorecard

Kazakhstan: Integrity Scorecard Report > Sub-Category: Civil Service Regulations
Indicators		Score
41	Are there national regulations for the civil service encompassing, at least, the managerial and professional staff?	100
42	Is the law governing the administration and civil service effective?	50
43	Are there regulations addressing conflicts of interest for civil servants?	46
44	Can citizens access the asset disclosure records of senior civil servants?	17

Indicator and sub-Indicator Details

Are there national regulations for the civil service encompassing, at least, the managerial and professional staff?

41a: In law, there are regulations requiring an impartial, independent and fairly managed civil service.

Score:

YES

Comments:

References: Law on Civil service. Chapter 1 - General Provisions, Article 3 - Principles of Civil Service

41b: In law, there are regulations to prevent nepotism, cronyism, and patronage within the civil service.

Score:

YES

Comments:

References: Law on the fight against corruption Chapter 1 - General provisions; Article 11 [ LINK ]

Peer Review Comments: If this were true, how is it possible that so many family members and cronies hold positions within the government? What about the president's daughter?

41c: In law, there is an independent redress mechanism for the civil service.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there is a mechanism to which civil servants and applicants for the civil service can take grievances regarding civil service management actions. Civil servants are able to appeal the mechanism\'s decisions to the judiciary. NO: A NO score is earned if no such mechanism exists.$

Comments: It is a right for judiciary protection. They can go directly to the court and make a case against the government agency. There are some other special agencies which can perform internal controls in the relevant ministries. This special agencies can be exemplified by internal security service in Ministry of Internal Defense.

References: Constitution Section 7 Court and Justice Article 76 [ LINK ]

Peer Review Comments: The civil service code does touch on this, but there is not a specialized redress mechanism.

41d: In law, civil servants convicted of corruption are prohibited from future government employment.

Score:

YES

Comments:

References: Criminal Code Part 1 General Part Division 3 Punishment Article 41. Deprivation of the right to take some position or to be involved in some activity [ LINK ]

Is the law governing the administration and civil service effective?

42a: In practice, civil servants are protected from political interference.

Score:

100

Comments: In political matters, civil servants are pressed to vote for a certain party: the ruling party.

References: News report Andrei Chebotarev Kazakhstan's Constitutional Changes Benefit The President June 5, 2007 [ LINK ];

Discussion. Club Polyton Participants Constitutional Reforms. Reasons, Trends, Prospects (in Russian) May 25, 2007 [ LINK ]

42b: In practice, civil servants are appointed and evaluated according to professional criteria.

Score:

100

Comments: There are a lot of opinions that positions are sold and bought in the civil service.

References: Article Zaure Mirzahodzhaeva Loutish Rates. How Much Does It Cost To Be in The Position of the ROVD Head June 15, 2007 [ LINK ];

Interview made on the condition of anonymous reference. Senior specialist. July 12, 2007, Almaty

Peer Review Comments: The civil service is largely based on a well entrenched patronage system.

42c: In practice, civil service management actions (e.g. hiring, firing, promotions) are not based on nepotism, cronyism, or patronage.

Score:

100

Comments:

References: Article Andrew E. Kramer Amid Growing Wealth, Nepotism and Nationalism in Kazakhstan Dec. 23, 2005 [ LINK ]

Report. Caspian Information Center June 2005 Corruption: Can It Be Beaten? CIC Occasional Paper No. 10 [ LINK ]

42d: In practice, civil servants have clear job descriptions.

Score:

100

$Scoring Criteria :: 100 Score Criteria: Civil servants almost always have formal job descriptions establishing levels of seniority, assigned functions, and compensation. Job descriptions are a reliable means to map positions to both human capital requirements (including the position\'s authority and responsibilities) and base pay. 50 Score Criteria: Civil servants often have formal job descriptions, but exceptions exist. Some civil servants may not be part of the formal assignment of duties and compensations. Some job descriptions may not map clearly to pay or responsibilities in some cases. 0 Score Criteria: Civil servants do not have formal roles or job descriptions. If they do, such job descriptions have little or nothing to do with the position\'s responsibilities, authority, or pay.$

Comments: All ministries and state bodies have a so-called "staff description work sheet" (shtatnoe raspisanie).

References: Speech Zautbek Turisbekov On Parliamentary Hearings on The Issue of "Realization of Administrative Reforms and Modernization of Executive Power" May 21, 2007 [ LINK ])=ru&nid=162;

Article Igor Loskutov Increasing the Qualifications of The State Officials (in Russian) Oct. 29, 2004 [ LINK ]

Peer Review Comments: The system is definitely improving, but there is still much room for improvement.

42e: In practice, civil servant bonuses constitute only a small faction of total pay.

Score:

100

$Scoring Criteria :: 100 Score Criteria: Civil servant bonuses constitute no more than 10% of total pay and do not represent a major element of take-home pay. 50 Score Criteria: Civil servant bonuses are generally a small percentage of total take-home pay for most civil servants though exceptions exist where some civil servants\' bonuses represent a significant part of total pay. 0 Score Criteria: Most civil servants receive bonuses that represent a significant amount of total take-home pay. In some cases bonuses represent the majority of total pay to civil servants.$

Comments: Usually there is one bonus of the pay at the end of the year, which is the size of monthly salary. It is received both by political and state civil servants.

References: Article Minayev O. S Improvement of The Legal Framework of Kazakhstan on Civil Service Nov. 15, 2006 [ LINK ])=ru&nid=130;

Report Ashimbayeva A.T. Corruption in Kazakhstan. Growing Problems in Economy July 13, 2007 [ LINK ]

42f: In practice, the government publishes the number of authorized civil service positions along with the number of positions actually filled.

Score:

100

Comments: The list is published in the Republican newspaper and on the Web site of the Agency on civil service and regional agencies. There is an information system which records the filled positions, but it is available only to certain agencies.

References: Agency on civil service 2007 Declaration about The Competition on Vacant Positions in Administrative State Positions, Central State Bodies [ LINK ])=ru

Article Evgeni Kononovich To Civil Service on The Contract (in Russian) Feb. 14, 2006 [ LINK ])=ru&nid=70

42g: In practice, the independent redress mechanism for the civil service is effective.

Score:

100

Comments: Many things in the redress mechanism are solved in informal ways.

References: Analysis Risk assessment group Hard Way from Bureaucratic Corporatism to Corporate Governance in Kazakhstan (in Russian ) Feb. 2, 2007 [ LINK ];

Article Kenzhegali Akhmetov Second Stage of The Administrative Reform Aug. 17, 2007 [ LINK ]

42h: In practice, in the past year, the government has paid civil servants on time.

Score:

100

Comments: Nowadays, when there is a budget surplus it is paid on time.

References: Interview with Zautbek Turisbekov to the newspaper Panorama Chair of The Agency on Civil Service Aug. 11, 2006 [ LINK ])=ru&nid=118;

News report Elmira Gilmutdinova Almaty Residents Are Paid More Sept. 15, 2006 [ LINK ]

42i: In practice, civil servants convicted of corruption are prohibited from future government employment.

Score:

100

Comments:

References: Interview was made on the condition of anonymous reference. Senior specialist. July 12, 2007, Almaty

Article Minayev O. S Improvement of The Legal Framework of Kazakhstan on Civil Service Nov. 15, 2006 [ LINK ])=ru&nid=130

Peer Review Comments: Who has de facto been banned except opposition figures?

Are there regulations addressing conflicts of interest for civil servants?

43a: In law, there are requirements for civil servants to recuse themselves from policy decisions where their personal interests may be affected.

Score:

YES

Comments:

References: Law on civil service Chapter 2 Legal position of the civil servants Article 10 Limitations connected with being in the civil service [ LINK ]

43b: In law, there are restrictions for civil servants entering the private sector after leaving the government.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there are regulations restricting civil servants\' ability to take positions in the private sector after leaving government that would present a conflict of interest, including positions that directly seek to influence their former government colleagues. NO: A NO score is earned if no such restrictions exist.$

Comments: There is only the prohibition to use service and state secret information. Also, there is a restriction that if a person was in the controlling agency for the stock company, then he/she cannot take a position in the board of directors of this company for one year after leaving the government post.

References: Law on share holding companies Chapter 5 Managing the company Article 33. Bodies of the company

Peer Review Comments: There is no law. There is only the prohibition against using service and state secret information. Also, there is a restriction that if a person was in the controlling agency for the stock company, then he or she cannot take a position on the board of directors of this company for one year after leaving the government post.

43c: In law, there are regulations governing gifts and hospitality offered to civil servants.

Score:

YES

Comments:

References: Law on fighting corruption Article 13 Corruption crimes related to anti-legal access to goods and preferences [ LINK ]

43d: In practice, the regulations restricting post-government private sector employment for civil servants are effective.

Score:

100

Comments: Top government officials are very rich people and get involved in some kind of business after leaving the service.

References: Article Paul Sampson Western Kazakh Cocktail in Canadian Performance Aug. 6, 2004 [ LINK ];

Analysis Nurlan Iskakov and Sergei Kornev Does Democracy Have A Human Face? Political And Electoral Prospects of the Democratic Political Party Akzhol July 16, 2004 [ LINK ]

43e: In practice, the regulations governing gifts and hospitality offered to civil servants are effective.

Score:

100

Comments:

References: Report Brenda Swartz, Frank Wadsworth, Jerry Wheat 2007 Perceptions Of Corruption In Central Asian Countries [ LINK ]

Article Nurbulat Masanov 2001 Again about Corruption in Kazakhstan [ LINK ]

43f: In practice, the requirements for civil service recusal from policy decisions affecting personal interests are effective.

Score:

100

Comments:

References: Report Brenda Swartz, Frank Wadsworth, Jerry Wheat 2007 Perceptions Of Corruption In Central Asian Countries [ LINK ]

Article Nurbulat Masanov 2001 Again about Corruption in Kazakhstan [ LINK ]

Peer Review Comments: Civil servants continually involve themselves in conflicts of interest.

Can citizens access the asset disclosure records of senior civil servants?

44a: In law, citizens can access the asset disclosure records of senior civil servants.

Score:

YES

Comments: Tax authorities and courts have access to the declarations in case of criminal charges. The information in the declarations is held in secret by the tax authorities and can be disclosed only in courts, in case of corruption charges.

References: Law on fighting corruption Chapter 2 Prevention of corruption, corruption crimes and responsibility for corruption Article 9 Measures of financial control [ LINK ]

44b: In practice, citizens can access the asset disclosure records of senior civil servants within a reasonable time period.

Score:

100

Comments:

References: Survey. Sophia Isenova Analytical Survey of The Government Officials' Ethics for Their Corruptness (in Russian) July 17, 2006 [ LINK ]

Article Antonina Shepeluk State Wants To Uncover Secrets of Our Earnings (in Russian) Feb. 13, 2007 Komsomolskay pravda [ LINK ]

44c: In practice, citizens can access the asset disclosure records of senior civil servants at a reasonable cost.

Score:

100

Comments:

References: Survey. Sophia Isenova Analytical Survey of The Government Officials' Ethics for Their Corruptness (in Russian) July 17, 2006 [ LINK ]

Article Antonina Shepeluk State Wants To Uncover Secrets of Our Earnings (in Russian) Feb. 13, 2007 Komsomolskay pravda [ LINK ]