On Diplomatic Service of the Republic of Kazakhstan

The Law of the Republic of Kazakhstan dated 7 March, 2002 No. 299

Unofficial translation

      Footnote. In the text the word “sources of the republican budget” is substituted by the word “budget sources” by the Law of the Republic of Kazakhstan dated 20.12.2004 No. 13 (shall be enforced from 01.01.2005).

      The Law determines legal bases, as well as order of the organization of the diplomatic service activity of the Republic of Kazakhstan.

Chapter 1. General provisions

Article 1. Basic definitions used in the Law

      The following basic definitions are used in the Law:
      1. Diplomatic service of the Republic Kazakhstan (hereinafter – diplomatic service) – professional activity of citizens of the Republic of Kazakhstan in the bodies of the diplomatic service of the Republic of Kazakhstan carried out in accordance with the Constitution of the Republic of Kazakhstan by this Law, other regulatory legal acts and international treaties of the Republic of Kazakhstan.
      2. Consular service of the Republic of Kazakhstan – part of the diplomatic service directed on provision of protections of right and interests of the state, citizens and legal entities of the Republic of Kazakhstan within admitted by international right as well as supporting to the development of friendly relations of the republic of Kazakhstan with the other states, widening of the economic, trade, scientific and technical, humanitarian and cultural links and tourism.
      3. Servants of the diplomatic service – state servants holding staff diplomatic offices in the bodies of the diplomatic service, generally having diplomatic rank and carrying out civil powers and obligations in purpose of the realization of objectives and functions fastened on the bodies of the diplomatic service.
      4. Employees of the diplomatic service – state servants holding staff administrative and technical offices in the bodies of the diplomatic service.
      5. Staff of the diplomatic service - servants and employees of the diplomatic service.
      6. Rotation – civil movement of stuff of the diplomatic service between the Ministry of Foreign Affairs of the Republic of Kazakhstan (hereinafter - Ministry of Foreign Affairs) and foreign establishment as well as between structural subdivisions of the Ministry of Foreign Affairs.
      7. Foreign establishment – diplomatic and equated to them embassies being in the foreign countries as well as consular institutions of the Republic of Kazakhstan.
      Footnote. Article 1 as amended by the Law of the Republic of Kazakhstan dated 22 May, 2006 No. 143 (order of enforcement see Article 2 of the Law).

Article 2. The Legislation of the Republic of Kazakhstan on the diplomatic service

      1. The legislation of the Republic of Kazakhstan on the diplomatic service of shall base of the Constitution of the Republic of Kazakhstan and consist of this Law, the legislation on the state service in the part not regulated by this Law, other regulatory legal acts and international treaties of the Republic of Kazakhstan.
      2. If international treaty, ratified by the Republic of Kazakhstan establishes other rules, than those appeared in this Law, the rules of international treaty shall be applied.

Article 3. Status of the bodies of the diplomatic service

      Bodies of the diplomatic service are the state bodies carrying out the foreign political activity of the Republic of Kazakhstan.

Article 4. Unified system of the diplomatic service

      Unified system of the diplomatic service is formed by the Ministry of Foreign Affairs, its department, foreign establishments as well as jurisdictional organizations created for provision of the activity of the Ministry of Foreign Affairs, educational establishments being under the supervision of the Ministry of Foreign Affairs.
      Unified system of the diplomatic service shall be headed by the Ministry of Foreign Affairs.

Article 5. Objectives of the bodies of the diplomatic service

      Following objective shall be fastened of the bodies of the diplomatic service:
      1) elaboration of conception and basic directions of the foreign policy of the Republic of Kazakhstan and presentation of the relevant suggestions to the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan;
      2) elaboration of the suggestions on the foreign political and foreign economic strategies of the Republic of Kazakhstan for the President of the Republic of Kazakhstan and realization of the international initiatives of the President;
      3) realization of the foreign political course of the Republic of Kazakhstan, supporting the carrying out of the foreign economic policy and consolidation of the international authority of the Republic of Kazakhstan;
      4) provision by diplomatic sources and methods of protection of the sovereignty, safety, territorial integrity and inviolability of borders of the Republic of Kazakhstan, its political, trade and economic and other interests on the mutual relationship with the other states on the international stage;
      5) protection of the rights and interests of the citizens and legal entities of the Republic of Kazakhstan in foreign countries;
      6) realization by diplomatic sources and methods of efforts of the Republic of Kazakhstan on provision of the international peace, global and regional safety;
      7) carrying out of the diplomatic and consular relations of the Republic of Kazakhstan with the foreign states, international organizations;
      8) coordination of the international activity of the other central executive bodies in purpose of providing of the performance of the unified foreign political, foreign economic course and investment policy of the Republic of Kazakhstan in relations with the foreign states and the international organizations;
      9) analysis of the political and social and economic position in the world, foreign and internal policy of the foreign states, activity of the international organizations and provision of the international central state bodies by the necessary information.

Article 6. Basic functions of the bodies of the diplomatic service

      On the bodies of the diplomatic service shall be imposed:
      1) representative of the Republic of Kazakhstan in relations with foreign states and international organizations;
      2) realization of the strategy of the international policy of the Republic of Kazakhstan;
      3) organization of the performance of conversations and conclusion of international treaties of the Republic of Kazakhstan;
      4) preparation of the suggestions on conclusion, performance, suspense of the action and denouncement of the international treaties, introduction them on investigation of the President or Government of the Republic of Kazakhstan in the established manner;
      5) presentation of suggestions and recommendations on questions of relations of the Republic of Kazakhstan with foreign states and international organizations to the President, the Parliament and the Government of the Republic of Kazakhstan in established manner;
      6) provision of the participation of the Republic of Kazakhstan in activity of the international organizations, conferences, advisements, forums, supporting increasing of role of the Republic of Kazakhstan as member of the international community in decisions of global and regional problems;
      7) participation in provision of interests of the Republic of Kazakhstan in the scope of international security and rational use of the water resources and environment, development of resources of the World's water, exploration of the cosmic space;
      8) participation in the elaboration of the events on provision of the rights and freedom of citizens of the Republic of Kazakhstan, its defense and national safety, law enforcement, development and widening of trade and economic, financial, scientific and scientific and technical, cultural as well as other links of the Republic of Kazakhstan with foreign stated and international organizations;
      9) carrying out of general supervision and control for performance of the international treaties participant of which is the Republic of Kazakhstan;
      10) preparation of the suggestions on perfection of the legislation of the Republic of Kazakhstan in the scope of the international relations, coordinating it with the international and legal obligations of the Republic of Kazakhstan;
      11) protocolary and organizational provision of the intrastate and international events of the Republic of Kazakhstan;
      12) carrying out of the control for observance of the State protocol by the state bodies of the Republic of Kazakhstan upon performance of intrastate and international events on the territory of the Republic of Kazakhstan;
      13) carrying out of the control for observance of the diplomatic and consular privileges and immunities;
      14) supporting the carrying out of interparliamentary links of the Republic of Kazakhstan with other countries;
      15) carrying out of the consular function regulated by the international legal rules and the legislation of the Republic of Kazakhstan on the territory of the Republic of Kazakhstan and in the foreign countries;
      16) supporting of development of links and contacts with compatriots living in the foreign countries;
      17) provision of the functioning of unified state system registration, record ad storage of the international treaties of the Republic of Kazakhstan;
      18) supporting the functioning of the foreign diplomatic and equated to them representatives and consular institution on the territory of the Republic of Kazakhstan, carrying out the control for the activity of organizations serving them within their competence;
      19) participation in the international events on the prevention of the famine and backwardness, terrorism, extremism, organized crime and illegal drug, psychotropic substance and their analogues, precursor and weapon trafficking as well as on liquidation of the consequences of the emergency conditions of natural and technogenic nature;
      20) supporting the expansion in the foreign countries of the information on foreign and internal policy of the Republic of Kazakhstan, social and economic, cultural and mental life of the country;
      21) carrying of functions of depository of the international treaties concluded by the Republic of Kazakhstan;
      22) supporting the effective use of intransit-transport potential of the Republic of Kazakhstan and participation in the elaboration and performance of unified state policy on collaboration of the Republic of Kazakhstan with the world community in the energetic and oil and gas industry within its competence;
      23) cooperation on questions of its competence with the state bodies of the Republic of Kazakhstan and other organizations;
      24) informing of the state bodies of the Republic of Kazakhstan, mass media on the international position and foreign policy of the Republic of Kazakhstan;
      25) supporting the improvement of the investment climate and formation of the positive reputation of the Republic of Kazakhstan on the international markets;
      26) supporting the attracting investment as well as loans and grants provided by the international economic and financial organizations for realization of documents of the System of state planning of the Republic of Kazakhstan, priority project.
      27) supporting the improvement of the Kazakhstani products and services on the international market;
      27-1) serve, record, storage and elimination of the diplomatic and official passports of the Republic of Kazakhstan in the manner determined by the President of the Republic of Kazakhstan;
      28) carrying out of the other functions provided by the legislation of the Republic of Kazakhstan.
      Footnote. Article 6 as amended by the Laws of the Republic of Kazakhstan dated 27.12.2010 No. 366-IV (shall be enforced from 01.01.2011); dated 03.07.2013 No. 124-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 03.11.2014 No 244-V (shall be enforced upon expiry of ten calendar days after its first official publication)

Article 7. Link, archive, safety and printed publication

      1. Bodies of the diplomatic service have an independent link and archive.
      2. Bodies of the diplomatic service shall use personal telecommunication network and delivery service.
      3. Originals and (or) authentic copies of the international treaties as well as other materials are necessary for carrying out of the carrying out of its activity.
      4. Bodies of the diplomatic service shall organize the safety system of belonging them objects of the territory of the Republic of Kazakhstan and in foreign countries.
      5. Bodies of the diplomatic service have a right to publish the printed publication in accordance with the legislation of the Republic of Kazakhstan.

Chapter 2. Stuff of the diplomatic service, nomination of the diplomatic offices

Article 8. Stuff of the diplomatic service

      1. Stuff of the diplomatic service consist of:
      1) servants of the diplomatic service;
      2) employees of the diplomatic service.
      2. (Is excluded by the Law of the Republic of Kazakhstan dated 22 May, 2006 No. 143 (order of enforcement see Article 2 of the Law).

Article 9. Entry on the service in the bodies of the diplomatic service

      1. Citizen of the Republic of Kazakhstan having higher education, can speak in state and Russian languages and having relevant business, moral, professional qualities and state of health for performing obligations imposed on him (her) may be appointed of the diplomatic service.
      2. Minister for Foreign Affairs of the Republic of Kazakhstan shall be appointed of the service and shall be excused from office by the President of the Republic of Kazakhstan.
      Extraordinary and authorized ambassadors of the Republic of Kazakhstan, permanent representative of the Republic of Kazakhstan shall be appointed and withdrew accreditation upon the international organizations by the President of the Republic of Kazakhstan.
      Deputies of the Minister for Foreign Affairs of the Republic of Kazakhstan, leaders of departments shall be appointed of the offices and shall be excused from offices in accordance with the legislation of the Republic of Kazakhstan.
      Appointment on the other services and excuse from the diplomatic office in the Ministry of Foreign Affairs shall be performed by the Minister for Foreign Affairs of the Republic of Kazakhstan or by the executive secretary or the other civil servant carrying out the powers of the executive secretary determined by the President of the Republic of Kazakhstan.
      Appointment of the other offices and excuse from the diplomatic service in the foreign establishments shall be performed by the Minister for Foreign Affairs of the Republic of Kazakhstan.
      3. Entry of the service in the bodies of the diplomatic service shall be carried out after passing of obligated special examination by citizens.
      4. Servant of the diplomatic service, returned in the Republic of Kazakhstan after work in the foreign countries shall be appointed on the service no lower than he held in the Ministry of Foreign Affairs if he (she) didn’t be subject to the sanction provided by the Article 22 of this Law.
      5. Obligated probationary period up to the three month shall be established for persons entering on the service in the bodies of the diplomatic service at first time.
      Order and conditions of the passing of probationary period shall be determined by the Minister of Foreign Affairs of the Republic of Kazakhstan.
      Note of RCLI!
      Paragraph 6 is provided to be in the wording of the Law of the Republic of Kazakhstan dated 04.07.2014 No. 233-V (shall be enforced from 01.01.2015).
      6. Persons previously convicted and liberated from the criminal responsibility not exculpatory bases as well as dismissed on negative appeals from the state service may not be accepted on the service in the bodies of the diplomatic service.
      Footnote. Article 9 as amended by the Laws of the Republic of Kazakhstan dated 22.05.2006 No. 143 (order of enforcement see Article 2); dated 29.04.2009 No. 154-IV (order of enforcement see Article 2); dated 27.12.2010 No. 366-IV (shall be enforced from 01.01.2011).

Chapter 3. Diplomatic rank

Article 10. Diplomatic ranks

      Servants of the diplomatic service with account of the holding office and qualification shall be assigned by following diplomatic ranks:
      1) attache;
      2) Third Secretary;
      3)Second Secretary of II class;
      4) Second Secretary of I class;
      5) First Secretary of II class;
      6) First Secretary of I class;
      7) councilor of II class;
      8) councilor of I class;
      9) Extraordinary and Plenipotentiary Envoy of II class;
      10) Extraordinary and Plenipotentiary Envoy of I class;
      11) Extraordinary and Plenipotentiary Ambassador

Article 11. Order of the assignment the diplomatic ranks

      1. Diplomatic ranks of the Extraordinary and Plenipotentiary Ambassador, Extraordinary and Plenipotentiary Envoy of I and II classes shall be assigned by the President of the Republic of Kazakhstan on the presentation of the Minister for Foreign Affairs of the Republic of Kazakhstan.
      Presentation on the assignment of the above mentioned diplomatic ranks shall be proposed by the Minister for Foreign Affairs of the Republic of Kazakhstan to the President of the Republic of Kazakhstan in recognition of effectiveness of the participation in the realization of the foreign policy of the Republic of Kazakhstan and effectiveness of the participation in the realization of the foreign political initiatives of the President of the Republic of Kazakhstan.
      Diplomatic rank of the Extraordinary and Plenipotentiary Ambassador may be assigned to the servants of the diplomatic service having length of the diplomatic service not less than two years of the office of the Extraordinary and Plenipotentiary Ambassador of the Republic of Kazakhstan, Perpetual representative of the Republic of Kazakhstan upon international organizations.
      Diplomatic rank of the Extraordinary and Plenipotentiary Envoy of I class may be assigned to the servants of the diplomatic service holding office of the Minister for Foreign Affairs of the Republic of Kazakhstan, Extraordinary and Plenipotentiary Ambassador of the Republic of Kazakhstan of the representative of the Republic of Kazakhstan upon the international organization, executive secretary of the Ministry of Foreign Affairs of the Republic of Kazakhstan, the deputy of the Minister for Foreign Affairs of the Republic of Kazakhstan.
      Diplomatic rank of the Plenipotentiary Envoy of II class may be assigned to the servants of the diplomatic service holding the office no lower than chairman of committee, ambassador-at-large of the Ministry of Foreign Affairs, director of the department, charge of affairs of the Republic of Kazakhstan, consul general of the Republic of Kazakhstan.
      Other diplomatic ranks shall be assigned by the Minister for Foreign Affairs of the Republic of Kazakhstan.
      Order of the assignment shall be determined by the provision established by the President of the Republic of Kazakhstan.
      2. Diplomatic rank of the servant generally shall be corresponded by the holding office of the diplomatic service or be higher or lower on one stage of it.
      3. Assignment of the diplomatic ranks shall be confirmed by the serve of relevant certificate and writing in the employment sheet (service record). Diplomatic rank shall be assigned and preserved until death, with exceptions of cases provided in Article 13 of this Law.
      Footnote. Article 11 as amended by the Law of the Republic of Kazakhstan dated 27.12.2010 No. 366-IV (shall be enforced from 01.01.2011).

Article 12. Terms of the tenure in the diplomatic ranks

      1. Following terms of the tenure in the diplomatic ranks shall be established for servants of the diplomatic service:
      1) for attache, Third Secretary, Second Secretary of II and I classes – two years;
      2) for the First Secretary of II and I classes, councilor of II class – three years. Term of tenure from councilor of I class and lower shall not be established.
      2. In terms of tenure of the servants of the diplomatic service in the diplomatic ranks shall be counted:
      1) work in the Ministry of Foreign Affairs and its jurisdictional organizations;
      2) work in the foreign establishment;
      3) work in the representatives of the Ministry of Foreign Affairs on the territory of the Republic of Kazakhstan;
      4) work in the Ministries of Foreign Affairs of former USSR and union republics;
      5) work in the international organizations;
      6) scientific or scholastic activity in the higher education establishments and scientific institutions of the Ministry of Foreign Affairs;
      7) advanced training on the line of the Ministry of Foreign Affairs in the educational and scientific institutions;
      8) education of the temporary directed by the Ministry of Foreign Affairs in the higher education establishments, postgraduate studentship, doctoral candidacy and scientific institutions.

Article 13. Preschedule and extraordinary assignment, abasement, deprivation and recovery of the diplomatic rank

      1. Servants of the diplomatic service may be raised in the rank until expiry of the established term (preschedule assignment of rank) or without observance of the order of its assignment (assignment of the extraordinary rank) in the particular cases in the presence of their significant gains in work or special service.
      2. In case of commitment of actions entailing the responsibility provided by the legislative acts of the Republic of Kazakhstan and country of stay by the servants of the diplomatic service as well as persons discharged from the Ministry of Foreign Affairs may be decreased in the diplomatic rank or deprived of the diplomatic rank.
      Upon discharging from the system of the bodies of the diplomatic service for infraction of the state and labor discipline the servant of the diplomatic service shall be deprived of the diplomatic rank simultaneously.
      Deprivation of the servant of the diplomatic service of the diplomatic rank or his (her) decreasing in the rank shall be performed in the same order as its assignment.
      Recovery of the servant of the diplomatic office in the previous diplomatic rank shall be performed after passing of the efficiency assessment.

Chapter 4. Serving of the diplomatic service

Article 14. Civil movements, holding of offices in the bodies of the diplomatic service

      1. Civil movements of the stuff of the diplomatic service shall be carried out in accordance with the service exigency, in recognition of the qualification, professional training, principle of rotation and skilled employees’ specialization.
      Holding of the vacant offices in the bodies of the diplomatic service shall be performed in accordance with the legislation of the Republic of Kazakhstan on the state service with exception of cases of movements on the service by holding of office of the following senior and junior category.
      2. Servant of the diplomatic service may be raised in the office no more than one time with exception of cases when term of stay in the foreign country is extended due to need of the service in the period of work in the foreign establishment.

Article 15. Rotation

      1. Rotation of the stuff of the diplomatic service shall be carried out in the bodies of the diplomatic service.
      Within the rotation of the stuff of the diplomatic service in recognition of its professional training and specialization shall be directed on the work in the bodies of the diplomatic service in the foreign countries or shall carry out his (her) activity in the structural divisions of the Ministry of Foreign Affairs.
      2. Rotation of the stuff of the diplomatic service shall divide on following types:
      1) external – movement from the Ministry of Foreign Affairs in the foreign establishments and from foreign establishment in the Ministry of Foreign Affairs;
      2) internal – movements between structural divisions of the Ministry of Foreign Affairs;
      3. Persons entered on the diplomatic service at the first time in recognition of their professional and language knowledge may be directed on the work in the foreign establishments only upon expiry of one year of work in the structural divisions of the Ministry of Foreign Affairs;
      Term of work of the stuff of diplomatic service in the structural divisions of the Ministry of Foreign Affairs in period between work in the foreign establishments shall be no less than two years.
      4. Term of the incessant work of the stuff of the diplomatic service shall not be more than three years.
      Pointed term may be extended by the Minister for Foreign Affairs of the Republic of Kazakhstan on the service exigency and by approbation of the person, but no more than on one year
      5. Refusal to depart to the work in the foreign establishment without reasonable excuses shall be a disciplinable offense and may be a ground for imposition of disciplinary penalty.
      List of the reasons, recognized as excusable for the refusal from the departure on the work in the foreign establishment shall be established by the Minister for Foreign Affairs of the Republic of Kazakhstan.
      6. Lump-sum benefit in amount determined by the legislation of the Republic of Kazakhstan shall be paid to the stuff of the diplomatic service upon direction on the work in the bodies of the diplomatic service in the foreign countries.
      7. Validity of paragraphs 3, 4 of this Article shall notbe extended to the persons directed to the work as leader of the foreign establishment, Consul Ambassadors, deputies of the perpetual representatives of the Republic of Kazakhstan upon the international organizations as well as on the stuff of the diplomatic service knowing rare foreign languages.
      Footnote. Article 15 as amended by the Law of the Republic of Kazakhstan dated 22 May, 2006 No. 143 (order of enforcement see Article 2 of the Law).

Article 16.Efficiency record

      Stuff of the diplomatic service shall pass the efficiency record in accordance with the legislation of the Republic of Kazakhstan on the state service.

Article 17. Direction in the higher educational establishments, scientific institutions

      1. Servants of the diplomatic service may be temporary directed in the higher educational establishments, scientific institutions of the Republic of Kazakhstan or the other countries for the professional training and probation, scientific elaboration of timely international problems by their approbation. In this case they shall be accepted in the personnel reserve of the Ministry for Foreign Affairs.
      2. Servant of the diplomatic service shall be assigned on the diplomatic office no lower than he (she) held before acceptation in the personnel reserve upon completing of the probation or scientific journey.

Article 18. Cancellation of the employment relations of the stuff of the diplomatic service

      1. Bases for the cancellation of the diplomatic service are:
      1) filling of the application on the dismissing of own free will by the office or employee of the diplomatic service;
      2) expiry of the term of the employment agreement or denouncement of the employment agreement on the basis provided by the legislation of the Republic of Kazakhstan:
      3) representation of the deliberately misleading details on its incomes and property by the servant or employee of the diplomatic service;
      4) loss of citizenship of the Republic of Kazakhstan;
      5) nonobservance of the obligations and limitations established by this Law and other regulatory legal acts of the Republic of Kazakhstan;
      6) negative results of the assessment;
      7) other bases provided by the legislation of the Republic of Kazakhstan.
      2. Dismissing of the stuff of the diplomatic service shall be performed by the relevant civil servant, having right of the assignment on the office.
      Stuff of the diplomatic service shall be accepted in the personnel reserve of the Ministry for Foreign Affairs.
      Provision on the reserve of the Ministry for Foreign Affairs shall be established by the Minister for Foreign Affairs of the Republic of Kazakhstan.

Chapter 5. Rights, obligations and responsibility of the stuff of the diplomatic service

Article 19. Rights and obligations of the stuff of the diplomatic service

      1. Upon carrying out of its professional functions stuff of the diplomatic service have a right:
      1) propose suggestions on improvement of the activity of the bodies of diplomatic service;
      2) use privileges and immunities established in accordance with the regulations on the international right in period of stay in the foreign countries;
      3) use other rights and freedom which are warranted to the citizens of the Republic of Kazakhstan by the Constitution and legislative acts of the Republic of Kazakhstan.
      Servants of the diplomatic service also have a right to propose suggestions on questions of the external policy of the state on perfection of the legislation of the Republic of Kazakhstan in the scope of international relations, bringing it to correspondence with the international and legal obligations of the Republic of Kazakhstan.
      1-1. Servants of the diplomatic service having diplomatic rank of the Extraordinary and Plenipotentiary Ambassador and their wives have a right of the life-long use of the diplomatic passport by the Republic of Kazakhstan.
      2. Stuff of the diplomatic service shall:
      1) faithfully perform obligations linked with performing of the diplomatic service;
      2) respect the legislation, traditions and customs of the state of stay;
      3) not to divulge the details comprised the state secrets or the other secret protected by the Law and after cancellation of the diplomatic service;
      4) raise its professional level, qualification, general and political training, perfection of the knowledge of the state and foreign languages;
      5) perform other obligations established by the legislative acts of the Republic of Kazakhstan.
      Footnote. Article 19 as amended by the Law of the Republic of Kazakhstan dated 27.12.2010 No. 366-IV (shall be enforced from 01.01.2011).

Article 20. Limitations linked with stay in the service of the bodies of the diplomatic service

      Limitations provided by the legislation of the Republic of Kazakhstan on prevention of corruption and on the state service shall be established for the stuff of the diplomatic service.

Article 21. Inducement of the stuff of the diplomatic service

      1. Stuff of the diplomatic service for the exemplary performance of the official obligations, high quality of the performed tasks, initiative, creative activity, permanent and irreproachable service, performance of the tasks of special importance and difficulty and for other achievements on the work may be encouraged by:
      1) preschedule advancement in the diplomatic rank;
      2) simultaneous money reward;
      3) departmental reward which shall be established by the Government of the Republic of Kazakhstan on presentations of the Ministry of External Affairs;
      4) other forms of inducement provided by the legislation of the Republic of Kazakhstan.
      2. Stuff of the diplomatic service may be presented to the awarding by the state rewards of the Republic of Kazakhstan for the particular service.

Article 22. Responsibility of the stuff of the diplomatic service

      1. Stuff of the diplomatic service shall entail responsibility in case of infraction of obligations imposed on it in accordance with the legislative acts of the Republic of Kazakhstan.
      2. Following disciplinary penalties shall be applied to the stuff of the diplomatic service:
      1) admonition;
      2)reproof;
      3) severe reproof;
      4) stoppage in the assignment of the diplomatic rank prior to one year;
      5) abasement in the office or in the diplomatic rank;
      6) deprivation of the diplomatic rank;
      7) notification on incomplete official correspondence;
      8) dismission.
      3. Imposition of disciplinary penalty on the stuff of the diplomatic service shall be carried out in accordance with the legislation of the Republic of Kazakhstan on the state service.

Article 23. Recall of the stuff of the diplomatic service

      1. Stuff of the diplomatic service working in the foreign establishment upon commitment of flagrant infractions of the official obligations as well as actions entailing responsibility established by the legislative acts of the Republic of Kazakhstan or the state of stay except application of measures of the disciplinary influence shall be prematurely withdrew accreditation in the Republic of Kazakhstan.
      2. Basic for the preschedule recall of the stuff of the diplomatic service is the commitment of the same actions by members of family.

Chapter 6. Provision of the diplomatic service, warrants and compensations, supply and social provision of the stiff of the diplomatic service

Article 24. Financial and corporeal and economic provision of the diplomatic service

      1. Financial provision of the diplomatic service and its bodies shall be carried out on amount of the budget sources.
      2. Extraordinary expenses incurred by the bodies of the diplomatic service upon commission of consular actions shall be subject to refund in manner established by the Consular statute established by the President of the Republic of Kazakhstan.
      3. Financing of the activity of the apparatus of the honorary consul and events linked with it shall be carried out on amount of the sources budgeted by the honorary consul.
      4. The bodies of the diplomatic service shall be provided by the transport, office premises, sources of communications and other necessary property.
      5. Order of the having in possession, use and disposal of the immovable and other property by the bodies of the diplomatic service on the territory of the Republic of Kazakhstan and in foreign countries shall be established in accordance with the legislative acts of the Republic of Kazakhstan.

Article 25. Warrants and compensation to the stuff of the diplomatic service

      1. Corporeal and social provision to the stuff of the diplomatic service and members of families shall be provided in recognition of service difficulty, risk linked with it as well as specific specialties of the foreign state.
      Stay in the foreign country shall not entail any damage for the stuff of the diplomatic service and members of family. Obligations on rendering assistance and protection in relation to the stuff of the diplomatic service and members of families being in the foreign country shall be performed by the leader of the foreign establishment.
      Servant or employee of the diplomatic service and (or) members of its family have a right on the benefit in amount established by the legislation of the Republic of Kazakhstan in case of sickness, death of the servant or employee of the diplomatic service or members of his (her) family, delivery of a child in the family during work in the foreign country.
      2. Stuff of the diplomatic service and members of families shall be provided by the warrant volume of the medical assistance on amount of the budget sources.
      3. Stuff of the diplomatic service working in the foreign establishments and members of family living jointly have a right on payment at both ends of the transport expenditures linked with provision of annual paid vacation or with death of one of family member.
      4. Stuff of the diplomatic service shall be provided by the dwelling in recognition of number of family members living jointly, official position, local situation and regulations established by the Republic of Kazakhstan in the foreign country.
      In case if actual expenditure on allowance of dwelling exceeds the regulations established by the Government of the Republic of Kazakhstan they shall be subject to refund on amount of the budget sources.
      5. Nursery education and education, elementary, main secondary and general secondary educations of children of the diplomatic service shall be to the account of the budget sources in period of work in foreign country.
      6. In the presence of administrative and technical vacant offices in the foreign establishments members of family of the stuff of diplomatic service being in the foreign country may be provided by a right of temporary employment.
      7. In case of weaponed or civil conflicts or in case of safety threat of the foreign establishments and their stuff as well as in case of emergency situations in places of the location of foreign establishments the Ministry of External Affairs shall implement necessity measures for safety and protection provision of the stuff of the diplomatic service and family members.
      Damage bring to the servant or employee of the diplomatic service or members of his (her) family on time of stay in the foreign country upon execution of official obligations or activity linked with them shall be refunded in manner established by the Government of the Republic of Kazakhstan.
      8. In case of death of servant or employee of the diplomatic service upon execution of official obligations in the foreign country during one year after dismission from service in consequence of injuring upon execution of the official obligations in foreign country, simultaneous compensation in amount of its sixty month allowance calculated from the official salary on the last office which he (she) held in the Ministry of External Affairs shall be paid for members of family dead servant or employee of the diplomatic service.
      9. In case of death of the servant of the diplomatic service upon execution of the official obligations in the foreign countries family of the dead person have a right on receiving the dwelling from the housing fund on conditions and in manner established by the legislation of the Republic of Kazakhstan.
      10. Upon establishment of disability to the servant or employee of the diplomatic service in the result of injury, wound (contusion), mutilation, disease received upon execution of the official obligations in the foreign countries the simultaneous compensation in amount calculated from the official salary on the last office which he (she) held in the Ministry of External Affairs shall be paid to him (her):
      1) disabled person of group I – thirty month allowance;
      2) disabled person of group II – eighteen month allowance;
      3) disabled person of group III – six month allowance.
      11. In case of injure of hard mutilation (injury, wound, contusion) by the servant or employee of the diplomatic service upon execution of the official obligations in the foreign country not entailing the disability simultaneous compensation in amount of the three month allowance, slight injury – in amount of one month allowance calculated from the official salary on the last office which he (she) held in the Ministry of External Affairs shall be paid to him (her).
      12. Pointed sum shall not be paid if in the established manner it was proved that dying (death), injury, wound (mutilation), sickness of the servant or employee of the diplomatic service were due to the conditions not linked with execution of the official obligation.
      Footnote. Article 25 as amended by the Laws of the Republic of Kazakhstan dated 27.07.2007 No. 320 (order of enforcement see Article 2); dated 27.12.2010 No. 366-IV (shall be enforced from 01.01.2011).

Article 26. Compensation of expenditures on the burial

      1. For burial of the dead servant or employee of the diplomatic service in foreign country simultaneous benefit in amount of three average month salary on the last office which he (she) held in the Ministry of External Affairs shall be paid for member of his (her) family.
      For burial of the dead member of family of the servant or employee of the diplomatic service in the foreign country simultaneous benefit in amount of three average month salary on the last office which he (she) held in the Ministry of External Affairs shall be paid for servant or employee of the diplomatic service.
      2. Delivery in the Republic of Kazakhstan of body of the servant or employee of the diplomatic service or family member dead in the foreign country to the place of the perpetual living or in any other place in accordance with members of family of dead servant or employee of the diplomatic service or with servant of employee of the diplomatic service linked with it shall be carried out in account of the budget sources.
      Footnote. Article 26 in the wording of the Law of the Republic of Kazakhstan shall be enforced from 01.01.2011).

Article 27. Regulation of the employment relations of the stuff of the diplomatic service

      Employment relations of the stuff of the diplomatic service shall be regulated by the legislation of the Republic of Kazakhstan, the legislation of the Republic of Kazakhstan on the state service with specifications provided by this Law.
      Footnote. Article 27 in the wording of the Law dated 15 May, 2007 No. 253.

Article 28. Payment for labor of the stuff of the diplomatic service

      Payment for labor of the stuff of the Republic of Kazakhstan shall be established on the grounds of the unified system of payment for labor established by the President of the Republic of Kazakhstan.
      Payment for labor of stuff of the diplomatic service shall be determined in recognition with political, social and economical and corporeal and domestic conditions in the country of stay.

Article 29. Money payments for servants of the diplomatic service

      Servants of the diplomatic service have the right on receiving money payments for the diplomatic rank, knowledge of foreign languages, work with details comprised the state secrets as well as annual money compensation of value of the representative equipment in amount established by the government of the Republic of Kazakhstan.
      Provision on representative equipment of the servants of the diplomatic service shall be established by the Government of the Republic of Kazakhstan.

Article 30. Annual vacations

      1. Stuff of the diplomatic service shall be provided by the annual paid labor vacation with duration of thirty calendar days.
      2. Servant or employee of the diplomatic service working in the foreign establishments benefit for sanitation shall be paid in the double amount from official salary before the last office which he (she held in the Ministry of External Affairs.

Article 31. Pension provision and social protection of the stuff of the diplomatic service

      Pension provision and social protection of the stuff of the diplomatic service shall be performed in accordance with the legislation of the Republic of Kazakhstan.

Article 32. Is excluded by the Law of the Republic of Kazakhstan dated 20.12.2004 No. 13 (shall be enforced from 01.01.2005).

Article 32-1. Provision of the civil servants directed on the work in the international organizations from the Republic of Kazakhstan previously holding offices of the stuff of the diplomatic service

      1. Civil servants directed on the work in the international organization from the Republic of Kazakhstan previously holding offices of the stuff of the diplomatic service shall be equated in the questions of the monetary pay, social, pension and medical provision provided by paragraphs 2, 3, 5, 7 – 12 of Article 25, Article 29 of the Law in part of the annual money compensation of value of representative equipment to the stuff of the foreign establishment in relevant foreign state.
      2. In case if monetary pay, social, pension and medical provision of the civil servants directed on the work in the international organizations from the Republic of Kazakhstan previously holding offices of the stuff of the diplomatic service in international organizations is less than of the stuff of the foreign establishment in relevant foreign state, the disparity shall be paid on the basis of equated office for the budget sources in manner determined by the Government of the Republic of Kazakhstan.
      3. Equation of the civil servants directed on work in the international organizations from the Republic of Kazakhstan previously holding offices of the stuff of the diplomatic service to the stuff of the foreign state shall be carried out on decision of the Ministry of Foreign Affairs of the Republic of Kazakhstan.
      Footnote. The Law is supplemented by Article 32-1 in accordance with the Law of the Republic of Kazakhstan dated 27.12.2010 No. 366-IV (shall be enforced from 01.01.2011); as amended by the Law of the Republic of Kazakhstan dated 29.09.2014 No. 239-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication).

Chapter 7. Final provisions

Article 33. Order of the enforcement of this Law

      1. The Law enters into force from the date of its official publication.
      2. The Law of the Republic of Kazakhstan dated 12 November, 1997 “On diplomatic service” shall be deemed to have lost force (Department of the Parliament of the Republic of Kazakhstan, 1997, No. 21 Article 275; 1999 No. 23 Article 916; 2011 No. 20 Article 257).

      President
      of the Republic of Kazakhstan