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2008 Assessment

Kazakhstan: Integrity Indicators Scorecard

Kazakhstan: Integrity Scorecard Report > Sub-Category: Civil Service Regulations
Indicators		Score
44	Are there national regulations for the civil service encompassing, at least, the managerial and professional staff?	100
45	Is the law governing the administration and civil service effective?	75
46	Are there regulations addressing conflicts of interest for civil servants?	64
47	Can citizens access the asset disclosure records of senior civil servants?	0

Indicator and sub-Indicator Details

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

44a: In law, there are regulations requiring an impartial, independent and fairly managed civil service.

Score:

YES

Comments: State service in the Republic of Kazakhstan is based on principles of 1) legality. 2) Kazakhstani patriotism. 3) uniting state service despite the division of the government into legislative, executive and judicial branches. 4) priority of the rights, freedoms and legitimate interests of citizens before the interests of the state. 5) equal right of citizens to access state services and promotion to state service based on abilities and vocational training. 6) citizens voluntarily entering state service. 7) professionalism and competence of civil servants. 8) equal payment for performing equivalent work. 9) subordinate civil servants and those serving subordinate state bodies executing the decisions made by higher state bodies and officials within their powers. 10) accountability of civil servants. 11) responding to public opinion and publicity, except of when the activity is a state secret or other secret protected by law. 12) legal and social security of civil servants. 13) civil servants being diligent and taking initiative when executing their official duties, especially when the task is of special importance and complexity. 14) taking personal responsibility for default or inadequate execution of official duties or exercising more power than the civil servant has. 15) continually improving civil servants professional skills.

References: Law of the Republic of Kazakhstan on state service, July 23, 1999, #453-I (with changes and additions in accordance with the state on July 27, 2007), Article 3

44b: In law, there are regulations to prevent nepotism, cronyism, and patronage within the civil service.

Score:

YES

Comments: Officials and other persons authorized to conduction state functions, and the persons equal to them (except for the persons specified in sub-item 4 of item 3 of article 3 of the present law), cannot occupy positions that are directly subordinate to posts occupied with their close relatives (parents, children, adoptive children, both full and not full siblings, grandparents, grandchildren or spouse) except for the cases stipulated by legislation.

References: Law of the Republic of Kazakhstan on fighting against corruption, July, 2, 1998, #267-I (with changes and additions in accordance with the state on July 27, 2007), Article 11

44c: In law, there is an independent redress mechanism for the civil service.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there is a mechanism to which civil servants and applicants for the civil service can take grievances regarding civil service management actions. The mechanism should be independent of their supervisors but can still be located within the government agency or entity (such as a special commission or board). Civil servants are able to appeal the mechanism\'s decisions to the judiciary. NO: A NO score is earned if no such mechanism exists.$

Comments: In cases of illegal discharge, administrative civil servants have the right to appeal to the authorized body and to the courts for judicial protection his/her rights and freedoms. The "authorized body" in the context of civil service means the administrative civil servants direct boss or supervisor, the head of the body, or a higher level body that controls the activities of the body in question.

Change of political civil servants cannot be the basis for terminating an administrative civil servant.

References: Law of the Republic of Kazakhstan on state service, July 23, 1999, #453-I (with changes and additions in accordance with the state on July 27, 2007), Article 27

Peer Review Comments: Appeals are taken to the court.

44d: In law, civil servants convicted of corruption are prohibited from future government employment.

Score:

YES

Comments: Political civil servants retire on the bases and in the order established by the Constitution, current law and other legislation of the Republic of Kazakhstan.

Infringement of official powers or committing offenses not compatible with working for a state service cannot be the basis for a political civil servants resignation. These are grounds for dismissal. The bases for and the order of dismissal of political civil servants are determined by the president of the Republic of Kazakhstan.

References: Law of the Republic of Kazakhstan on state service, July 23, 1999, #453-I (with changes and additions in accordance with the state on July 27, 2007), Article 26

Is the law governing the administration and civil service effective?

45a: In practice, civil servants are protected from political interference.

Score:

100

Comments:

References: Alibekov Saylau, professor, Kazakh University of International Relations and World Languages, July, 20, 2008, Almaty

Kozyreva Evgeniya, president of the Feminist League, Aug. 4, 2008, Almaty, Kazakhstan

45b: In practice, civil servants are appointed and evaluated according to professional criteria.

Score:

100

Comments:

References: Alibekov Saylau, professor, Kazakh University of International Relations and World Languages, July, 20, 2008, Almaty

Kozyreva Evgeniya, president of the Feminist League, Aug. 4, 2008, Almaty, Kazakhstan

45c: In practice, civil service management actions (e.g. hiring, firing, promotions) are not based on nepotism, cronyism, or patronage.

Score:

100

Comments:

References: Alibekov Saylau, professor, Kazakh University of International Relations and World Languages, July, 20, 2008, Almaty

Kozyreva Evgeniya, president of the Feminist League, Aug. 4, 2008, Almaty, Kazakhstan

45d: In practice, civil servants have clear job descriptions.

Score:

100

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

Comments:

References: Alibekov Saylau, professor, Kazakh University of International Relations and World Languages, July, 20, 2008, Almaty

Kozyreva Evgeniya, president of the Feminist League, Aug. 4, 2008, Almaty, Kazakhstan

45e: In practice, civil servant bonuses constitute only a small fraction 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:

References: Alibekov Saylau, professor, Kazakh University of International Relations and World Languages, July, 20, 2008, Almaty

Kozyreva Evgeniya, president of the Feminist League, Aug. 4, 2008, Almaty, Kazakhstan

45f: In practice, the government publishes the number of authorized civil service positions along with the number of positions actually filled.

Score:

100

Comments:

References: Alibekov Saylau, professor, Kazakh University of International Relations and World Languages, July, 20, 2008, Almaty

Kozyreva Evgeniya, president of the Feminist League, Aug. 4, 2008, Almaty, Kazakhstan

45g: In practice, the independent redress mechanism for the civil service is effective.

Score:

100

Comments: Although there is no independent redress mechanism in the civil service, civil servants can appeal to the general court system.

References: Alibekov Saylau, professor, Kazakh University of International Relations and World Languages, July, 20, 2008, Almaty

Kozyreva Evgeniya, president of the Feminist League, Aug. 4, 2008, Almaty, Kazakhstan

45h: In practice, in the past year, the government has paid civil servants on time.

Score:

100

Comments:

References: Alibekov Saylau, professor, Kazakh University of International Relations and World Languages, July, 20, 2008, Almaty

Kozyreva Evgeniya, president of the Feminist League, Aug. 4, 2008, Almaty, Kazakhstan

45i: In practice, civil servants convicted of corruption are prohibited from future government employment.

Score:

100

Comments:

References: Alibekov Saylau, professor, Kazakh University of International Relations and World Languages, July, 20, 2008, Almaty

Kozyreva Evgeniya, president of the Feminist League, Aug. 4, 2008, Almaty, Kazakhstan

Are there regulations addressing conflicts of interest for civil servants?

46a: In law, senior members of the civil service are required to file an asset disclosure form.

Score:

YES

Comments: Candidates for state-service posts or for a post connected with performing an equal function, submit an income declaration to a tax body.

References: Law of the Republic of Kazakhstan on state service, July 23, 1999, #453-I (with changes and additions in accordance with the state on July 27, 2007), Article 9

46b: In law, there are requirements for civil servants to recuse themselves from policy decisions where their personal interests may be affected.

Score:

YES

Comments: Civil servants have no right to represent third parties affairs in the state body in which they are in service or that is directly subordinate to them or under their inspection. Nor can they use their connections or official powers in the personal service of citizens or organizations.

References: Law of the Republic of Kazakhstan on state service, July 23, 1999, #453-I (with changes and additions in accordance with the state on July 27, 2007), Article 10

46c: 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: No law restricts civil servants from entering the the private sector after leaving the government.

References: Law of the Republic of Kazakhstan on state service, July 23, 1999, #453-I (with changes and additions in accordance with the state on July 27, 2007

46d: In law, there are regulations governing gifts and hospitality offered to civil servants.

Score:

YES

Comments:

References: Law of the Republic of Kazakhstan on state service, July 23, 1999, #453-I (with changes and additions in accordance with the state on July 27, 2007), Article 13

46e: In law, there are requirements for the independent auditing of the asset disclosure forms of senior members of the civil service.

Score:

YES

Comments:

References: Law of the Republic of Kazakhstan on state service, July 23, 1999, #453-I (with changes and additions in accordance with the state on July 27, 2007), Article 10

46f: In practice, the regulations restricting post-government private sector employment for civil servants are effective.

Score:

100

Comments:

References: Alibekov Saylau, professor, Kazakh University of International Relations and World Languages, July, 20, 2008, Almaty

Kozyreva Evgeniya, president of the Feminist League, Aug. 4, 2008, Almaty, Kazakhstan

46g: In practice, the regulations governing gifts and hospitality offered to civil servants are effective.

Score:

100

Comments:

References: Alibekov Saylau, professor, Kazakh University of International Relations and World Languages, July, 20, 2008, Almaty

Kozyreva Evgeniya, president of the Feminist League, Aug. 4, 2008, Almaty, Kazakhstan

46h: In practice, the requirements for civil service recusal from policy decisions affecting personal interests are effective.

Score:

100

Comments:

References: Alibekov Saylau, professor, Kazakh University of International Relations and World Languages, July, 20, 2008, Almaty

Kozyreva Evgeniya, president of the Feminist League, Aug. 4, 2008, Almaty, Kazakhstan

46i: In practice, civil service asset disclosures are audited.

Score:

100

Comments:

References: Alibekov Saylau, professor, Kazakh University of International Relations and World Languages, July, 20, 2008, Almaty

Kozyreva Evgeniya, president of the Feminist League, Aug. 4, 2008, Almaty, Kazakhstan

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

47a: In law, citizens can access the asset disclosure records of senior civil servants.

Score:

YES

Comments:

References: Law of the Republic of Kazakhstan on fighting against corruption, July, 2, 1998, #267-I (with changes and additions in accordance with the state on July 27, 2007), Article 9

47b: In practice, citizens can access the asset disclosure records of senior civil servants within a reasonable time period.

Score:

100

Comments:

References: Alibekov Saylau, professor, Kazakh University of International Relations and World Languages, July, 20, 2008, Almaty

Kozyreva Evgeniya, president of the Feminist League, Aug. 4, 2008, Almaty, Kazakhstan

47c: In practice, citizens can access the asset disclosure records of senior civil servants at a reasonable cost.

Score:

100

Comments:

References: Alibekov Saylau, professor, Kazakh University of International Relations and World Languages, July, 20, 2008, Almaty

Kozyreva Evgeniya, president of the Feminist League, Aug. 4, 2008, Almaty, Kazakhstan