On Law Enforcement Service

The Law of the Republic of Kazakhstan dated 6 January 2011 No. 380-IV

Unofficial translation

      Note of RCLI!
      The order of enforcement of the Law of the Republic of Kazakhstan, see Article 85.

      The Law regulates public relations, linked with entering into the law enforcement service of the Republic of Kazakhstan, its serving and termination, as well as determines legal position (status), financial security and social protection of employees of law enforcement bodies of the Republic of Kazakhstan.

Chapter 1. GENERAL PROVISIONS

Article 1. Basic definitions, used in the Law

      The following basic definitions shall be used in the Law:
      1) relocation– holding the offices within system of a law enforcement body;
      2) transfer – dismissal from the held office in a law enforcement body with simultaneous appointment to office in other law enforcement body without termination of service in the system of the law enforcement bodies;
      3) report – written report of special form upon approaching of a servant to direct or authorized heads in the process of employment activity;
      4) qualifying requirements – requirements, filed to citizens, professing on holding the office in a law enforcement body, for the purpose of determination of their professional qualification, competence and conformity to particular office;
      5) personnel reserve – servants, information about whom is included in systematic list, formed for their nomination;
      6) law enforcement service – special type of public service on the office in law enforcement bodies;
      6-1) Presidential reserve of leaders of law enforcement bodies – the list of servants that passed the special procedure for selection, determined by the President of the Republic of Kazakhstan for nomination on vacant superior senior offices of law enforcement bodies;
      7) law enforcement body – a state body, securing the observance and protection of rights and freedom of a human and a citizen, legal interests of individuals and legal entities, the state, implementing the state policy on crime prevention and other infractions in accordance with its competence, vested with special authorities on security of legality and maintaining public order, detection, prevention, suppression, investigation of infractions, fulfilling the court decisions on criminal cases;
      7-1) a head of a law enforcement body – a chief executive officer of a law enforcement body, under whom the servants and employees of a law enforcement body, authorized heads are subordinate to;
      8) being at disposal of a law enforcement body – performing of law enforcement service without holding the full-time office;
      9) a servant of law enforcement body (hereinafter – a servant) – a citizen of the Republic of Kazakhstan from among of employees of law enforcement bodies, to whom the special rank or class rank is awarded;
      10) disciplinary committee of a law enforcement body – permanent collegial body, established in a law enforcement body for consideration of matters of official investigation and research of facts, concerning disciplinary infraction for the purpose of detailed, full and objective establishment of circumstances of its commission and delivery of recommendation on the disciplinary measure to a person, having the right of appointment to office and dismissal from office of a servant, bringing to disciplinary responsibility;
      11) official investigation – activity on collection and inspection of materials and information on disciplinary infraction of a servant for the purpose of full, detailed and objective explanation of circumstances of its commission;
      11-1) polygraphological research – the examination procedure, consisting in record of several physiological indices of human, arising upon psychophysiological certification by means of special medical detectors;
      11-2) psychophysiological certification – the set of procedures, referred to detailed evaluation of individual and psychological as well as psychophysiological features of candidates for law enforcement service and servants;
      11-3) other weapon – fire, tubeless, gas spray gun with possibility of firing with bullets of traumatic effect, electric, signal, cold, missile and other kinds of weapon;
      12) rotation – transfer of authorized heads to equal offices in a law enforcement body;
      13) disciplinary penalty – measure of disciplinary responsibility, imposed on a servant;
      14) disciplinary responsibility – type of legal responsibility, borne by servants for commission of disciplinary offences, as well as administrative infractions in cases, provided by the Laws of the Republic of Kazakhstan;
      15) disciplinary infraction – illegal, culpable non-fulfillment or improper fulfillment of obligations, imposed on a servant, abuse of office, violation of official and labour discipline, breach of the Code of honour of public servants of the Republic of Kazakhstan (the Rules of official ethics of public servants) or codes of honour (the rules of official ethics, being in force in law enforcement bodies), commission of corruptive infraction, liable to punishment in disciplinary procedure, and equally non-conformity to restrictions, established by the Law and other Laws of the Republic of Kazakhstan, linked with staying on law enforcement service;
      16) an authorized head – a head of territorial subdivision or specialized subdivision of a law enforcement body equated to it, head of institution, department of a law enforcement body;
      17) staffing measures – complex of measures on establishment of staff and structure of a law enforcement body, territorial subdivision or specialized subdivision of a law enforcement body equated to it, institution, department of a law enforcement body (establishment, reorganization liquidation of a law enforcement body, increase and decrease of number or staff of its servants);
      18) nomination – holding the superior offices in a system of a law enforcement body;
      19) detachment – transfer of a servant for the following serving in other law enforcement bodies of the Republic of Kazakhstan, Armed Forces of the Republic of Kazakhstan, other forces and military units of the Republic of Kazakhstan, as well as in the system of a law enforcement body without suspension of the period of service;
      20) extraregimental employment – holding the offices in other state bodies and international organizations with abandonment in personnel of a law enforcement body.
      Footnote. Article 1 as amended by the Laws of the Republic of Kazakhstan dated 09.11.2011 No. 490-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 21.05.2013 No. 93-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 23.04.2014 No 200-V (shall be enforced upon expiry of ten calendar days upon its first official publication).

Article 2. Legal basis of service in law enforcement bodies

      1. Legal basis of service in law enforcement bodies shall be the Constitution of the Republic of Kazakhstan, Labor Code of the Republic of Kazakhstan with special aspects, provided by the Law, the Laws of the Republic of Kazakhstan, regulating activity of law enforcement bodies, and other regulatory legal acts of the Republic of Kazakhstan.
      2. If international treaty, ratified by the Republic of Kazakhstan establishes the other rules than those, provided in the Law, the rules of international treaty shall be applied.

Article 3. Law enforcement body

      Law enforcement bodies shall include the bodies of prosecution, internal affairs, financial police, state fire-fighting service, custom bodies of the Republic of Kazakhstan, carrying out their activity in accordance with the legislative acts of the Republic of Kazakhstan.
      Footnote. Article 3 is in the wording of the Law of the Republic of Kazakhstan dated 18.01.2012 No. 547-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 4. The principles of law enforcement service

      1. Service in law enforcement bodies shall be carried out in accordance with the principles of public service in the Republic of Kazakhstan and special principles of law enforcement service.
      2. Special principles of law enforcement service shall be:
      1) obligation of protection of rights and freedom of a human and a citizen, public and state interests from criminal and other illegal intrusions;
      2) co-operation with civil society institutions;
      3) approach of organizing the law enforcement service in law enforcement bodies;
      4) individual responsibility and subordination (dependence);
      5) independence from activity of political parties and other public association.

Article 5. Scope of application of the Law

      The force of the Law shall be applied to all servants, with the exception of military servants of law enforcement bodies, doing military service in accordance with the legislation of the Republic of Kazakhstan on military service.
      The force of the Law shall be applied to political public servants in the part, not contradicting the legislation of the Republic of Kazakhstan on public service.

Chapter 2. ENTERING INTO LAW ENFORCEMENT SERVICE

Article 6. Conditions of entering into law enforcement service

      1. Citizens of the Republic of Kazakhstan, attained the age of eighteen years, able to fulfill the obligations, imposed on them due to their personal, moral, business, professional qualities, health condition and physical development, educational level shall be accepted to service in law enforcement bodies on the voluntary basis.
      2. The following persons may not be accepted to law enforcement service:
      1) recognized incapable or partially capable in the manner, established by the Law;
      2) having disease, preventing fulfillment of official powers in accordance with conclusion of military physician board;
      2-1) not passed the medical or psychophysiological certification, as well as polygraphological research in military physician boards for determination of suitability for service;
      3) refused to accept restrictions, established by the Law for the purpose of non-admission of actions that may lead to use of his (her) status and authority, based on it in personal, group and other non-service interests;
      4) brought to disciplinary responsibility for commission of corruptive infraction within three years before entering into law enforcement service;
      5) on which, the administrative sanction for intended infraction was imposed in a judicial proceeding within one year before entering into law enforcement service;
      6) on which, the administrative sanction for commission of corruptive infraction was imposed in a judicial proceeding within three years before entering into law enforcement service;
      Note of RCLI!
      Paragraph 2 shall be supplemented by subparagraph 6-1) in accordance with the Law of the Republic of Kazakhstan, dated 04.07.2014 No 233-V (shall be enforced from 01.01.2015).
      7) committed corruption criminal act;
      8) dismissal from work for commission of corruptive infraction;
      Note of RCLI!
      Subparagraph 9) is 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).
      9) previously convicted or released from criminal responsibility on non -exonerating grounds, as well as dismissed upon negative motives from public service, from other law enforcement bodies, courts and judicial bodies.
      3. Non-presentation or disfiguration of information, mentioned in paragraph 2 of the Article shall be the basis for refusal of entering into law enforcement service.
      4. Entering into service in law enforcement bodies shall be carried out on condition of passing the compulsory special inspection by citizens.
      5. Citizens accepted to service in law enforcement bodies shall pass medical and psychophysiological certification in a mandatory manner, as well as polygraphological research, in military physician boards for determination of suitability for service.
      5-1. The procedure for passing the polygraphological research shall be determined by the Government of the Republic of Kazakhstan.
      6. A citizen and his (her) wife (husband) shall be obliged to present the income and property declaration at the place of residence upon entering into law enforcement service to taxing bodies in accordance with the Law of the Republic of Kazakhstan “On fight against corruption”.
      Footnote. Article 6 as amended by the Law of the Republic of Kazakhstan dated 21.05.2013 No. 93-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 7. Selection of candidates for law enforcement service

      1. Selection of candidates, accepted on service (study) in law enforcement bodies, their preliminary investigation shall be carried out by personnel subdivisions of law enforcement bodies.
      2. Entering into service in law enforcement bodies shall be carried out on competition basis with compulsory serving the internship by candidates.
      The list of offices, substituted on competition basis, conditions and procedure for holding the competitive tender and internship shall be determined by a head of law enforcement body in coordination with authorized body on the affairs of public service.
      The announcements shall be published in periodic printed publications, provided through the whole territory of the Republic of Kazakhstan upon holding the competitive tender in central offices, departments of law enforcement bodies. Announcements on holding the competitive tender in territorial subdivisions shall be published in periodic printed publications, provided on the territory of the relevant administrative and territorial unit.
      Civil servants, accepted the citizens, not taking place in competitive selection shall be brought to disciplinary responsibility in the manner, established by the Law of the Republic of Kazakhstan.
      3. Persons, finished study in educational organizations of law enforcement bodies, persons, previously being servants and military servants, deputies of the Parliament, politic public servants, judges, terminating their powers, with the exception of persons, dismissed or terminated their powers on negative motives, and conforming to specified qualifying requirements shall have the right of entering into law enforcement service out of competitive selection. The procedure and conditions of their holding of offices shall be determined by the regulatory legal acts of law enforcement bodies.
      4. Holding of vacant office within the period of law enforcement service shall be carried out on non-competitive basis in the manner of transferring in case of his (her) conformity to specified qualifying requirements to the relevant vacant office and with his (her) agreement.
      Footnote. Article 7 as amended by the Law of the Republic of Kazakhstan dated 21.05.2013 No. 93-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 8. Entering into law enforcement service

      1. Entering into law enforcement bodies shall be carried out by appointment to office, as well as by conclusion of the agreement for persons, admitted to full-time course of study in educational organizations of law enforcement bodies.
      2. Entering into service in law enforcement bodies shall be executed by orders of heads of law enforcement body or authorized heads. The order shall be announced to private and commanding personnel against signature.
      3. Persons of private and commanding personnel shall accept restrictions, established by the Law, other Laws of the Republic of Kazakhstan for the purpose of non-admission of actions that may lead to use of their status and authority, based on it in personal, group and other non-service interests. This restriction shall be fixed in written form. Non-acceptance of restriction shall lead non-admission on service, dismissal.
      4. Persons liable for military service, appointed to office of private and commanding personnel or admitted to the personnel of law enforcement bodies including cadets and listeners of educational organizations of law enforcement bodies shall be removed from the military registration and shall be registered specially in law enforcement bodies.
      Footnote. Article 8 as amended by the Law of the Republic of Kazakhstan dated 21.05.2013 No. 93-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 9. Admission in educational organizations of law enforcement bodies

      1. Persons, having the secondary-level education, attained the age of sixteen years may be admitted in educational organizations of law enforcement bodies.
      The procedure for admission in educational organizations of law enforcement body shall be determined by a head of law enforcement body in accordance with the standard rules of admission in educational organizations, implementing the educational training modules of the relevant level.
      Persons having the higher education may be admitted in educational organizations of law enforcement bodies for studying on professional training modules, providing the decreased term of study.
      2. Persons, admitting to study in educational organization of law enforcement bodies of the Republic of Kazakhstan, as well as persons, admitting to educational organizations, implementing professional training modules of higher education of law enforcement bodies of foreign states on referral of law enforcement bodies with the pay for studying at the expense of budgetary funds shall conclude the contract for the term of studying in educational organization and simultaneously on serving in law enforcement bodies of the Republic of Kazakhstan for five years in in chronological order after completion of studying in educational organization on the offices of secondary and senior commanding personnel.
      3. Mutual obligations and responsibility of parties (persons, admitting to study, and a civil servant of law enforcement body) shall be established in the contract and terms and conditions of the following service in law enforcement bodies after completion of educational organization shall be provided. The contract shall be concluded after decision of admission board on admission of law enforcement body in educational organization. The form of the contract, procedure for its conclusion, extension, modification, dissolution and termination shall be determined by the regulatory legal acts of law enforcement bodies.
      4. In case of conclusion of the contract with persons, not attained the age of eighteen years, the agreement of their parents, adoptive parents or guardian shall be required.
      5. Servants, finished full-time course of study in educational organizations of law enforcement bodies, implementing the professional training module of higher education shall be obliged to serve in law enforcement bodies no less than five years, implementing the educational training module of general secondary-level and vocational education – no less than three years.
      6. In case of refuse of a servant from the following serving in law enforcement body after his (her) graduation of educational organization of law enforcement body or early dissolution of the contract, he (she) shall be obliged to reimburse budgetary funds to the state, expensed for payment of scholarship, food, clothing allowance in the period of his (her) study. The sum, subject to retention, shall be calculated proportionally for each month that is not served in full before expiration of the contract term.
      7. For those, finished the full course on full-time course of study in educational organizations of law enforcement body, implementing the professional training modules of technical and professional, post-secondary and higher education, the term of education shall be equated to active military service. Graduates of educational organizations of law enforcement bodies of the Republic of Kazakhstan, educational organizations of law enforcement bodies of other states shall be assigned for serving according to distribution.
      8. Cadets (listeners) of full-time departments in educational organizations of law enforcement bodies, attained the military age and dismissed due to academic failure, undiscipline, as well as at their own wish shall be assigned to bodies of military leaders at the place of residence for registration. They shall reimburse the budgetary funds to the state, expensed for payment of scholarship, food, clothing allowance within in period of their study. The sum, subject to retention shall be calculated proportionally for each full month of staying in educational organization.
      9. Reimbursement of budgetary funds in favor of the state shall be carried out in the manner, established by the legislation of the Republic of Kazakhstan.
      10. Cadets (listeners), assigned by educational organizations of law enforcement bodies of the Republic of Kazakhstan, implementing the professional training modules of higher education, shall be appointed on vacant office for the period of interning in law enforcement bodies for pre-degree interning.
      11. Servants, accepted to magistracy and doctorate directly after graduation of higher educational establishments of law enforcement bodies of the Republic of Kazakhstan shall be paid by official salary in amount of seventy percent salary of academician of the relevant subdepartment, as well as supplemental payment for the special rank or class rank.
      The official salary in amount of seventy percent from the official salary according to the last (not temporary performed) full-time office, held before student assignment shall be established for the term of study to servants, accepted in magistracy and doctorate of law enforcement bodies of the Republic of Kazakhstan.
      12. Cadets (listeners) of educational organizations of law enforcement bodies of the Republic of Kazakhstan shall be paid by the cost of travel on inter-city automobile (except for taxi), railway and water transport to the place of permanent residence and backwards in the period of holidays.
      13. Servants may obtain higher professional education in educational organizations of law enforcement bodies in the manner, established by the legislation of the Republic of Kazakhstan.
      Footnote. Article 9 as amended by the Law of the Republic of Kazakhstan dated 21.05.2013 No. 93-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 23.04.2014 No 200-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 10. Requirements on substitution of offices of private and commanding personnel of law enforcement bodies

      1. Citizens at the age of no more than twenty five years shall be accepted to the offices of private and associate commanding personnel, secondary and senior commanding personnel – no more than thirty five years, that have the relevant education and do the military service in specialized organizations of the Ministry of Defence on preparation of reserve training, as well as citizens, released or having the occupational deferment from active military service in accordance with the legislation of the Republic of Kazakhstan.
      A person, the age of whom is more than thirty five years, having the high professional qualification or considerable work experience on certain specialties may be accepted on law enforcement service to the office of secondary and senior commanding personnel in accordance with the Law by decision of a head of law enforcement body.
      2. Citizens shall be accepted or servants, having the education no less than secondary-level education may be appointed to the offices of private and associate commanding personnel, depending on qualifying requirements to the categories of offices of law enforcement body.
      Citizens or servants having the technical and professional, post-secondary, higher education shall be accepted to offices of secondary commanding personnel, depending on qualifying requirements to the categories of offices of law enforcement body.
      3. Citizens of military age, subject to call to active military service may be accepted to offices of secondary and senior commanding personnel only in existence of higher education.
      4. Citizens shall be accepted or servants, having the higher education may be appointed to the offices of senior and superior commanding personnel.
      Footnote. Article 10 as amended by the Laws of the Republic of Kazakhstan dated 16.02.2012 No. 562-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 21.05.2013 No. 93-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 11. Special elementary apprenticeship for persons, entering into law enforcement service for the first time

      1. Persons, entering into law enforcement bodies to the offices of private, associate and secondary commanding personnel for the first time shall serve special elementary apprenticeship in educational organizations of law enforcement bodies.
      2. The procedure and conditions of serving the special elementary apprenticeship shall be determined by heads of law enforcement body. Maintenance of persons, accepted to special elementary apprenticeship shall be carried out at the expense of budgetary funds.
      3. The term of special elementary apprenticeship shall be counted to the length of employment in law enforcement service (years of service).
      4. Special elementary apprenticeship shall not be served by:
      persons, entering into service in prosecution bodies;
      persons, entering into service in law enforcement bodies and appointed to senior offices of senior and superior commanding personnel;
      graduates of educational organizations of law enforcement bodies;
      persons, served previously in law enforcement bodies.

Article 12. Probation period upon entering into law enforcement service

      1. Probation period shall be established for persons, entering into law enforcement service for the first time for three months with appointment to the relevant office and assignment of a mentor to them from among the experienced servants.
      Probation period shall be established for persons, entering into service in prosecution bodies for the first time for one year in the manner, determined by the General Prosecutor of the Republic of Kazakhstan.
      2. Probation period shall be established for the purpose of inspection of conformance to substituted office of law enforcement service. Special rank or class rank shall not be awarded during probation period.
      3. Condition on serving the probation period shall be provided in the order of a head of law enforcement body or authorized head on appointment to office of law enforcement service.
      4. If probation period is expired, and a servant carries on service in law enforcement bodies, he (she) shall be considered as standing the probation and probation period shall be counted to the length of employment of service in law enforcement bodies. The following dismissal shall be allowed only on the grounds, provided by the Law.
      5. The provisions of the Law and other regulatory legal acts of the Republic of Kazakhstan, regulating the service in law enforcement bodies shall apply to a servant during the probation period. A servant shall fulfill the employment duties, assigned on him (her), exercise the rights, provided to him (her) in full measure, with the exception of the right to bear and possess firearms, special ammunition during probation period.
      6. The periods of absence of a servant on service on reasonable excuses shall not be counted to probation period.
      7. Probation period shall not be established for persons, entering into service in law enforcement bodies and appointed to senior offices of senior and superior commanding personnel, graduates of educational organizations of law enforcement bodies, served previously in law enforcement bodies.
      Footnote. Article 12 as amended by the Law of the Republic of Kazakhstan dated 21.05.2013 No. 93-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 13. The procedure for taking Oath by servants

      1. Oath shall be taken by:
      1) persons, entering into service in law enforcement bodies for the first time that are awarded by special rank or class rank;
      2) cadets, listeners of educational organizations, not taking the Oath previously, - not later than two months after admission to study;
      3) servants, not taking the Oath previously by some reasons.
      2. Oath shall be taken in law enforcement body in ceremonial atmosphere under the direction of a head of law enforcement body or authorized head.
      3. Timeliness of servants’ administration of Oath, organization and accounting of taking the Oath by servants shall be assigned on heads of personnel subdivisions of law enforcement bodies.
      Footnote. Article 13 as amended by the Law of the Republic of Kazakhstan dated 21.05.2013 No. 93-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Chapter 3. LEGAL STATUS OF SERVANTS

Article 14. Status of servants and their legal safeguard

      1. Servants shall be representatives of the state power and shall be under state protection.
      2. Requirements of servants, provided by the legislative acts of the Republic of Kazakhstan (hereinafter – legal requirements) shall be subject to compulsory fulfillment by all the citizens and civil servants.
      3. Non-fulfillment of legal requirements of servants, insult, resistance, threat of violence or infringement on life, health, honour and dignity, property, other actions, preventing the fulfillment of obligations, assigned on them, as well as infringement on life, health, honour, dignity and property of their family members, close relatives due to fulfillment of employment duties and call of duty by servants shall entail responsibility, established by the Laws.
      4. Servants shall be subordinated only to head of law enforcement body and immediate and authorized heads, with the exception of cases, provided by the Laws of the Republic of Kazakhstan upon fulfillment of obligations, assigned on them.
      5. No one shall have the right to interfere in activity of servants, except the persons, empowered expressly by the Law. Illegal interference in activity of servants shall entail the responsibility, established by the Laws.
      6. A servant shall be obliged to be governed by the Law and be under its protection upon receiving of the order or instruction, contradicting the Law.
      7. Servants shall have the right to appeal of decisions and actions, adopted in respect of them to superior civil servants and (or) in court.
      8. Servants shall not be liable for the harm, incurred due to use of the firearms, special ammunition and physical force, if their actions are carried out in accordance with the Law and other legislative acts of the Republic of Kazakhstan.
      Footnote. Article 14, as amended by the Law of the Republic of Kazakhstan, dated 23.04.2014 No 200-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 15. Rights of servants, linked with law enforcement service

      1. Servants shall have the right to:
      1) receive information and materials, required for fulfillment of employment duties in established manner;
      2) familiarization with provision, other documents, determining their rights and employment duties, and conditions of nomination;
      3) access to public bodies, organizations due to fulfillment of employment duties independently from their legal organizational formin established manner;
      4) access to information that is state secrets and other secrecy, protected by the Law in established manner, if fulfillment of employment duties is linked with use of the information;
      5) arrangement of conditions by law enforcement bodies, required for fulfillment of employment duties and professional development;
      6) promotion at service in recognition of results of employment activity, public service period and level of experience;
      7) familiarization with feedbacks on their professional employment activity and other documents before their introduction into personnel record, as well as on entering of their written statement of explanations and other documents and materials upon personnel record;
      8) professional retraining, raising of qualification and period of probation in the manner, established by the Law and other regulatory legal acts of the Republic of Kazakhstan;
      9) state protection of their life, health and property, life, health and property of their family members in accordance with the legislation of the Republic of Kazakhstan;
      10) protection of their personal information;
      11) refer to superior civil servants in the manner of subordination, to superior bodies or to the court for protection of their rights and legal interests, as well as for resolution of individual disputes, linked with law enforcement service;
      12) medical and sanatorium-resort service;
      13) pension benefits in accordance with the legislation of the Republic of Kazakhstan;
      14) housing and social security;
      15) applicable organization and technical and sanitary conditions of service in recognition of special aspects of law enforcement service;
      16) rest in accordance with the Law and labor legislation of the Republic of Kazakhstan;
      17) carrying out of magistral, scientific or other creative activity.
      2. Servants shall be provided by the right of bearing, keeping and using the firearms and special ammunition, with the exception of servants of bodies of the State fire-fighting service. Also they shall have the right to use physical force, including the combat fighting techniques.
      The procedure for use of firearms, special ammunition and physical force shall be determined by the Law.
      3. Servants shall be provided by other rights, regulating the activity of law enforcement bodies in accordance with objectives, assigned on them within their competence, provided by the Laws of the Republic of Kazakhstan.
      Footnote. Article 15, as amended by the Laws of the Republic of Kazakhstan, dated 11.04.2014 № 189-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 23.04.2014 № 200-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 16. Obligations of servants, linked with law enforcement service

      1. Servants shall be obliged to:
      1) comply with the Constitution of the Republic of Kazakhstan and legislation of the Republic of Kazakhstan;
      2) ensure compliance and protection of rights and freedom of a human and a citizen, as well as legal interests of individuals and legal entities, the state;
      3) consider applications of individuals and legal entities, use reasonable efforts in the manner and terms, established by the Law;
      4) exercise powers within the rights, provided to them and in accordance with employment duties;
      5) comply with official and labor discipline;
      6) accept restrictions, established by the Laws of the Republic of Kazakhstan;
      7) comply with the regulations of official ethics, established by the legislation of the Republic of Kazakhstan;
      8) carry out regular warrants and regulations of heads, decisions and instructions of superior bodies and civil servants, issued within their powers;
      9) keep the state secrets and other secrecy, protected by the Law, as well as after termination of law enforcement service within the term, established by the Law, on which the personal recognizance shall be given;
      10) keep information, concerning private life, honour and dignity of citizens in secret, received upon fulfillment of employment duties and not to require the provision of such information from them, with the exception of cases, provided by the Law;
      11) ensure the safe custody of state property;
      12) report in written form and inform immediate and authorized head immediately in cases, when private interests of a servant intercrosses or conflicts with their powers;
      13) raise their professional level and improve qualification;
      14) not to admit public appearances, damaging the interests of public service;
      15) inform immediate head on filing of application on withdrawal from citizenship of the Republic of Kazakhstan on the date of its filing;
      16) in the period of exercise of his (her) powers on the annual basis, as well as persons, dismissed from law enforcement service on negative motives within three years and their spouses shall present income and property declaration to taxing bodies at the place of residence in the manner, established by the tax legislation of the Republic of Kazakhstan.
      2. Other obligations, provided by the Laws of the Republic of Kazakhstan, regulating the activity of law enforcement bodies and other legislation of the Republic of Kazakhstan shall be established for servants in accordance with objectives set to them within their competence.
      3. Upon violation of rights and freedom of a human and a citizen, as well as legal interests of individuals and legal entities by the employees, law enforcement bodies shall be obliged to restore these rights, reimburse incurred damage, ensure that guilty person are brought to responsibility in accordance with the Laws of the Republic of Kazakhstan.

Article 17. Restrictions, linked with staying of a servant on law enforcement service

      1. A servant shall not have the right to:
      1) be a deputy of representative bodies and member of local self-government bodies, be composed of parties, labor unions, speak in favour of any political party, establish public association in the system of law enforcement bodies, pursuing the aims, based on similarity of their professional interests for presentation and protection of labor, as well as other social and economic rights and interests of their members and improvement of working conditions;
      2) engage in other paid activity, except educational, scientific and other creative activity;
      3) engage in entrepreneurial activity, as well as participate in management of commercial organization independently from its legal organizational form;
      4) be a representative on affairs of third parties, with the exception of cases, provided by the Laws;
      5) use material and technical, financial and information facilities for the non-service purposes of his (her) employment activity, other state property and official information;
      6) participate in actions, preventing normal functioning of state bodies and fulfillment of employment duties, including strikes;
      7) employ services of individuals and legal entities due to fulfillment of employment powers;
      8) use his (her) official position with a mercenary motive, as well as by conspiracy with civil servants and other persons;
      9) hold the office, being in direct subordination of the office, held by his (her) close relatives (parents, children, adopters, adopted children, brothers and sisters of full and half blood, grandfathers, grandmothers, grandsons) or husband (wife).
      2. A servant shall be obliged to place the shares (partnership shares in charter capital) of commercial organizations being into his (her) ownership into trust and other property, the use of which entails acquisition of incomes, with the exception of money, debenture bonds, units of opened and interval mutual investment funds, belonging to him (her) judicially, as well as other property, transferred into property lease in the manner, established by the legislation of the Republic of Kazakhstan, within one month after assumption of office for the period of law enforcement service. The trust management agreement of property shall be subject to notarial certification.
      An servant shall have the right to receive income from the property, placed in trust, as well as in the form of remuneration, cash dividends, winnings, incomes from the lease and other legitimate sources.
      3. Responsibility for non-compliance with restrictions, provided by the Article shall be established by the Law, other Laws of the Republic of Kazakhstan.

Article 18. Creation and change of legal relations on law enforcement service in the period of military situation

      Special aspects of creation and change of legal relations on law enforcement service and its continuation in the period of military situation shall be determined by the President of the Republic of Kazakhstan.

Article 19. Responsibility of servants

      1. Servants shall bear criminal, administrative, civil, disciplinary responsibility for non-fulfillment or improper fulfillment of their employment duties in accordance with the Laws of the Republic of Kazakhstan.
      2. Fulfillment of designedly illegal order or instruction shall not release a servant from responsibility.
      In case of doubts in legality of received regulation for fulfillment, he (she) shall immediately inform about this, his (her) immediate head and head, given the regulation in written form.
      In case, if superior head confirms this regulation in written, an servant shall be obliged to fulfill it, if fulfillment doesn’t entail actions referring to criminally punishable acts.
      Responsibility for consequences of fulfilling illegal regulation by a servant shall be borne by the head, confirming this regulation in written.
      3. Actions (omission) of servants may be appealed in the manner, established by the legislation of the Republic of Kazakhstan.
      4. In case of material damage to law enforcement body, incurred by illegal actions of a servant, the latter shall bear material responsibility in accordance with the Laws of the Republic of Kazakhstan.

Article 20. Service certificates and badges of servants

      1. Servants shall be issued by service certificates and badges in confirmation of their identity and powers.
      Badges shall not be issued to servants of prosecution bodies.
      Description of service certificates and samples of badges shall be confirmed by a head of law enforcement body.
      2. Service certificate shall be the document, confirming affiliation of a person to law enforcement body, his (her) office in law enforcement service and special rank or class rank.
      Service certificate of a servant shall confirm his (her) right to bear and keep firearms, special ammunition, with the exception of a servant of state fire-fighting service, other powers, provided to a servant in accordance with the legislation of the Republic of Kazakhstan.

Article 21. Official uniform and rank badges of servants

      1. Official uniform and rank badges on special ranks or class ranks of servants shall be established for the purposes of reflection of affiliation of an employee to law enforcement service, depending on law enforcement body, in which a servant serves.
      2. Servants, awarded by special ranks or class ranks shall be provided gratuitously by official uniform.
      3. Description, rank badges, procedure for wearing and regulation of ensuring the official uniform shall be determined by the legislation of the Republic of Kazakhstan.

Chapter 4. SPECIAL RANKS OR CLASS RANKS

Article 22. Award of special ranks or class ranks

      1. Servants shall be awarded by the following special ranks or class ranks:
      1) private personnel:
      private;
      2) associate commanding personnel:
      junior sergeant;
      sergeant;
      senior sergeant;
      color sergeant;
      3) secondary commanding personnel:
      junior lieutenant;
      lieutenant, law officer of the 3 class;
      senior lieutenant, law officer of the 2 class;
      captain, law officer of the 1 class;
      4) senior commanding personnel:
      major, junior council;
      half colonel, council;
      colonel, senior council;
      5) superior commanding personnel:
      major general, state council of the 3 class;
      lieutenant general, state council of the 2 class;
      colonel-general, state council of the 1 class;
      state council of upper class.
      2. Special ranks or class ranks shall be awarded to servants onindividual basis in consecutive order in recognition of qualification, education, service attitude, years of service and held full-time office.
      3. The following words shall be added to the special ranks or class ranks of servants, specifying on their affiliation:
      1) prosecution bodies – “of justice”;
      2) internal affairs bodies – “of police”, “justice”;
      3) financial police bodies – “of financial police”;
      4) is excluded by the Law dated 18.01.2012 No. 547-IV (shall be enforced upon expiry of ten calendar days after its first official publication);
      5) state fire-fighting service – “fire-fighting service”;
      6) custom bodies – “custom service”.
      7) state courier service – «courier service».
      4. The words – “retired” shall be added to the special ranks or class ranks of servants, dismissed upon attainment of age of retirement on service or having years of service that gives the right to pension.
      5. Citizens, enlisted in cadets (listeners) of full-time course of study of educational organizations of law enforcement bodies in accordance with the legislation of the Republic of Kazakhstan shall be awarded by special ranks.
      6. A citizen, being in reserve of the Armed Forces of the Republic of Kazakhstan shall be awarded by the special rank or class rank that is not lower than the military rank that he holds after his (her) appointment to office of commanding personnel in law enforcement bodies.
      7. Persons, served previously in law enforcement bodies, upon newly entering into service (admission to study), persons, accepted in the manner of detachment from other law enforcement body, as well as persons, served in special state bodies, military servants shall be appointed to offices (admitted to study) with class rank that they have, awarded to them at the previous place of service, with the following equation to the special rank or class rank, awarded at the new place of service (study).
      The term of staying in the former class rank, special or military rank shall be counted to the age in grade for promoting to the next special rank or class rank.
      8. The list of offices, holding of which gives the right to award special ranks and class ranks to civil servants, performing directly primary objectives and functions, assigned on law enforcement bodies in accordance with the legislation of the Republic of Kazakhstan shall be approved by the President of the Republic of Kazakhstan or Government of the Republic of Kazakhstan, in accordance with their powers.
      9. Persons, previously assigned by military or special ranks “senior warrant officer of internal service”, “warrant officer of internal service”, “senior warrant officer of justice”, shall have the right to continue service on these ranks upon termination of service by them, on grounds, specified by the Law.
      Footnote. Article 22 as amended by the Laws of the Republic of Kazakhstan dated 18.01.2012 No. 547-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 21.05.2013 No. 93-V (shall be enforced upon expiry of ten calendar days after its first official publication), dated 23.04.2014 No 200-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 23. The procedure for promoting to the first and next special ranks or class ranks

      1. The special ranks or class ranks shall be divided into first and next depending on sequence of awarding.
      1-1. The first special ranks or class ranks shall be:
      1) private –for private personnel;
      2) junior sergeant (sergeant) – for associate commanding personnel;
      3) junior lieutenant (lieutenant), law officer of the 3 class – for secondary commanding personnel.
      2. Special ranks of private and associate commanding personnel (first and next) shall be awarded by an authorized head.
      3. First special ranks or class ranks of secondary and senior commanding personnel shall be awarded by a head of law enforcement body.
      4. The first special ranks of junior lieutenant shall be awarded to:
      1) servants, being in office of private or associate commanding personnel, being in the final years of educational organizations, implementing professional training modules of higher education, and appointed to offices of secondary commanding personnel;
      2) citizens, graduated educational organizations, implementing professional training modules of technical and professional, post-secondary education, and appointed to offices of secondary commanding personnel.
      5. Special ranks of lieutenant shall be awarded to:
      1) junior lieutenants upon expiry of age in grade in special rank, established by the Law, and to those, graduated educational organizations, implementing professional training modules of higher education – independently from the age in grade in this rank;
      2) servants, holding the special ranks of private and associate commanding personnel, graduated educational organizations of law enforcement bodies, implementing professional training modules of technical and professional, post-secondary and higher education, and awarded to offices of secondary commanding personnel;
      3) persons, having higher education and awarded to offices of secondary or senior commanding personnel.
      5-1. The first class rank of law officer of the 3 class shall be awarded after passing attestation.
      6. The next special ranks or class ranks of commanding personnel shall be awarded in consecutive order upon conformity to rank and class rank, provided on held full-time office, and upon expiry of established age in grade in special rank or class rank.
      7. The next special ranks or class ranks of secondary and senior commanding personnel shall be awarded by:
      1) authorized head – below captain, law officer of the 1 class included;
      2) a head of law enforcement body – below colonel, senior council included.
      8. Special ranks or class ranks of superior commanding personnel shall be awarded by the list of offices and in the manner, established by the President of the Republic of Kazakhstan.
      9. A head of law enforcement body or authorized head, suspended unreasonably the recommendation of subordinated to awarding of the next special rank or class rank shall bear disciplinary responsibility.
      10. The next special ranks or class ranks of secondary and senior commanding personnel shall be awarded upon expiry of established Age in grade in the relevant special ranks or class ranks to listeners and candidates for a doctor's degree of educational organizations of law enforcement bodies, as well as those training in educational organizations of law enforcement bodies of foreign states on referral of law enforcement bodies with payment of education at the expense of budgetary funds, in accordance with full-time offices, held by them before admitting to study, without regard to changes of special ranks or class ranks in staff on these offices, introduced after admitting to study; on graduation of educational organization, magistracy, doctorate – upon conformity of the next special or military ranks, class ranks to the ranks of full-time offices, on which servants shall be awarded on graduation of study.
      Footnote. Article 23 as amended by the Law of the Republic of Kazakhstan dated 21.05.2013 No. 93-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 24. Age in grade in special ranks or class ranks

      1. Age in grade in special ranks of private and associate commanding personnel:
      in the rank of private – three months;
      in the rank of junior sergeant – one year;
      in the rank of sergeant – two years;
      in the rank of senior sergeant – three years.
      Age in grade in the rank of color sergeant shall not be established.
      2. Age in grade in special ranks and class ranks of secondary and senior commanding personnel:
      in the rank of junior lieutenant – one year;
      in the rank of lieutenant, law officer of the 3 class – one year;
      in the rank of senior lieutenant, law officer of the 2 class – three years;
      in the rank of captain, law officer of the 1 class – four years;
      in the rank of major, junior council – five years;
      in the rank of half colonel, council – seven years.
      3. Age in grade in the special rank of colonel, class rank of senior council, as well as in the ranks and class ranks of superior commanding personnel shall not be established.
      4. Age in grade in the special rank or class rank shall be calculated from the date of awarding of the relevant special or military rank, class rank to an servant, and by this the actual period of service in offices shall be included to the length of service. In case of unreasonable suspension of recommending the servant to awarding of the next special rank or class rank, the relevant special rank or class rank shall be awarded from the next day upon expiry of term of staying in the former special rank or class rank.
      5. Servants, having the ranks of private and associate commanding personnel, appointed to offices of secondary commanding personnel shall be submitted to nomination of the special rank of secondary commanding personnel independently from age in grade in current rank.
      6. Introduction of additional conditions of awarding the next special ranks or class ranks, not provided by the Law shall be prohibited.

Article 25. Suspension of terms of years of service in special ranks or class ranks

      1. The next special ranks or class ranks shall not be awarded to servants respectively before appointment to office upon being in the possession, in existence of unremoved disciplinary penalty, before decision of the question on conformity of held office in repeated attestation, termination of pre-investigation check, criminal case on rehabilitating grounds, entering into legal force of acquitting judgement, conclusion of official investigation.
      2. In case of delivery of decision on illegality of imposing the disciplinary penalty or decision of the question on conformity to held office in repeated attestation, termination of criminal case on rehabilitating grounds, entering into legal force of acquitting judgement, the next special rank or class rank shall be awarded to servants from the moment of maturity of its awarding in conformity of the next special rank or class rank to the rank, class rank on the held full-time office.

Article 26. The procedure for awarding of special ranks or class ranks in advance or that are one grade higher than special rank or class rank, provided by the held full-time office

      1. The next special rank or class rank of commanding personnel to colonel included may be awarded before expiration of established term of age in grade in the former special rank or class rank or one grade higher than special rank or class rank, provided on the held full-time office, in the manner of award for achievement of high results in service and exemplary fulfillment of employment duties.
      2. Special ranks or class ranks shall be awarded in advance upon expiry of no less than half of established terms of age in grade in special rank or class rank.
      3. The next special rank or class rank that is one grade higher than special rank or class rank, provided by the held full-time office may be awarded to persons of commanding personnel, having science or academic degree or science or academic rank, and by this holding full-time office in educational organization of law enforcement body upon expiry of established term of age in grade in special rank or class rank.
      4. The next special rank or class rank that is one grade higher than special rank or class rank, provided on the held full-time office shall be awarded upon expiry of no less than one and half of the term of length of years of service in the former special rank or class rank.
      By this, awarding of special ranks or class ranks in advance that are one grade higher than special rank or class rank, provided on the held office, shall be carried out no more than two times for the whole period of service in law enforcement body on every ground.
      Awarding of extraordinary special ranks or class ranks shall be carried out no more than two times for the whole period of service in the manner, determined by a head of law enforcement body.
      5. Special ranks of associate commanding personnel shall be awarded by an authorized head in advance or one grade higher, and special ranks or class ranks of secondary and senior commanding personnel – by a head of law enforcement body.
      Footnote. Article 26 as amended by the Law of the Republic of Kazakhstan dated 21.05.2013 No. 93-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 27. Reduction in special ranks or class ranks, deprivation of special ranks or class ranks

      Footnote. The title is in the wording of the Law of the Republic of Kazakhstan dated 09.11.2011 No. 490-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

      1. One grade reduction in special rank or class rank shall be applied as disciplinary measure to servants, having:
      1) ranks of associate and secondary commanding personnel – by an authorized head;
      2) ranks of senior commanding personnel – by a head of law enforcement body.
      1-1. Deprivation of special ranks or class ranks shall be applied as disciplinary measure in respect of servants:
      1) below captain, senior council included shall be carried out by a head of law enforcement body;
      2) superior commanding personnel – by the President of the Republic of Kazakhstan in the manner, established by the President of the Republic of Kazakhstan.
      2. The term of age in grade in special rank or class rank shall be terminated from the date of issuance of the order on bringing to disciplinary responsibility in the form of reduction of special rank or class rank and shall be restored from the date of issuance of the order on restoration of special rank or class rank.
      Servants, reduced in special rank or class rank independently from the held full-time office shall be restored in the former special rank or class rank independently from the held full-time office by orders of a head of law enforcement body or authorized head, but no sooner than six months from the date of reduction in special rank or class rank.
      3. Repeated reduction in special rank or class rank shall not be performed before restoration of an servant in the former special rank or class rank and awarding of the next special rank or class rank to him (her).
      Footnote. Article 27 as amended by the Laws of the Republic of Kazakhstan dated 09.11.2011 No. 490-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 21.05.2013 No. 93-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 28. Deprivation of special ranks or class ranks on condemnatory judgement of court

      Footnote, The title is in the wording of the Law of the Republic of Kazakhstan dated 09.11.2011 No. 490-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

      1. Execution of condemnatory judgement of court, entered in legal force on deprivation of special ranks or class ranks in respect of servants:
      1) below captain, law officer of the 1 class included shall be carried out by an authorized head;
      2) below colonel, senior council included shall be carried out by a head of law enforcement body;
      3) superior commanding personnel in accordance with the legislation of the Republic of Kazakhstan.
      2. In case of illegal deprivation of special rank or class rank, the order on restoration in the former rank in accordance with the court decision shall be accepted by a head of law enforcement body or authorized head.
      3. The period of illegal deprivation of special rank or class rank shall include the age in grade in restored special rank or class rank. Persons deprived of special rank or class rank illegally shall be compensated for material damage in full measure.
      Footnote. Article 28 as amended by the Law of the Republic of Kazakhstan dated 21.05.2013 No. 93-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Chapter 5. APPOINTMENT TO OFFICE, RELOCATION AND PROMOTION AT SERVICE IN LAW ENFORCEMENT BODIES

Article 29. General rules of substitution of the offices of private and commanding personnel of law enforcement bodies

      1. Offices, subject to substitution by persons of private, associate, secondary, senior and superior commanding personnel, and special ranks or class ranks corresponding to these offices shall be determined by a head of law enforcement body in accordance with the legislation of the Republic of Kazakhstan.
      2. Persons, appointed to offices of secondary, senior and superior commanding personnel shall fulfill employment duties on the held office before awarding of special rank or class rank to them or admission to the personnel of law enforcement bodies.
      3. Appointment to office, relocation at service shall be performed by a head of law enforcement body or authorized head on condition of conformity of a person to presented qualifying requirements. Qualifying requirements to the categories of offices shall be approved by a head of law enforcement body in concurrence with authorized body on affairs of public service.
      4. Use of persons of secondary and senior commanding personnel shall be ensured on their primary special field upon their appointment to the office and transfer at service or in accordance with available experience, and if it is necessary to use in offices on new special field for them, the retraining on the relevant courses (meetings) shall precede the appointment.
      5. If it is necessary to transfer persons of secondary, senior and superior commanding personnel to other offices, as well as to other location, the decision on this shall be adopted by the relevant authorized heads with their agreement in recognition of training and experience of service of these persons, as well as absence of their and their family members’ contraindications on health condition.
      6. Relocation at service of persons of commanding personnel in other location, being in need of change of place of residence according to health condition shall be performed under permission of the relevant heads on the grounds of conclusion of military physician board.
      7. Relocation of persons of the private and commanding personnel from non-operative to operative offices shall be performed in recognition of the results of military physician expertise.
      Footnote. Article 29 is in the wording of the Law of the Republic of Kazakhstan dated 21.05.2013 No. 93-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 30. Transfer at service

      1. Relocation at service of persons of private and associate commanding personnel shall be carried out:
      1) to superior offices – in the manner of promotion at service;
      2) to equivalent offices – with the agreement of these persons in necessity of substitution of other offices in order to their reasonable use in recognition of business and personal qualities, new speciality training, as well as due to the family commitments, health condition or seniority;
      3) due to admitting to study in educational organizations of law enforcement bodies – with dismissal from the held full-time office, as well as upon appointment to office after graduation of educational organization;
      4) to inferior offices:
      upon staff reduction or reorganization of law enforcement body – in case of impossibility of transferring of these persons to equivalent offices and with their agreement;
      due to health condition – on the basis of conclusion (decision) of military physician board and with the agreement of an servant;
      due to incompetency, established following the results of attestation;
      in the manner of disciplinary penalty;
      on their own wish.
      2. Relocation at service of persons of secondary, senior and superior commanding personnel shall be carried out:
      1) to superior offices – in the manner of promotion at service;
      2) to equivalent offices – due to conduct of staffing measures in order to reasonable use on specialization and in recognition of work experience, in the manner of rotation, due to expiration of the term of powers on the held office, as well as on own wish, with the agreement of their immediate and authorized heads;
      3) due to admitting to study in educational organizations of law enforcement bodies, study within the frame of state order on training of public servants – with dismissal from the held full-time office, as well as upon appointment to office after graduation of educational organization;
      4) to inferior offices:
      upon staff reduction or reorganization of law enforcement body in case of impossibility to use these persons on equivalent office and with their agreement;
      on health condition – on the basis of conclusion (decision) of military physician board;
      on own wish;
      on incompetency, established following the results of attestation;
      in the manner of disciplinary penalty;
      5) in the manner of extraregimental employment to state bodies and international organizations.
      3. Upon appointment of persons of secondary, senior and superior commanding personnel to senior and educational work on special subjects in educational organization of law enforcement bodies of the Republic of Kazakhstan, they shall reserve official salaries according to the last main offices before appointment to educational organizations. Decision on reservation of official salary in each separate case shall be adopted by a head of law enforcement body on recommendation of a head of educational organization and conclusion of personnel subdivision of the central administrative office of law enforcement body before appointment to office.
      Payment of reserved official salary shall be terminated upon reduction.
      4. Persons of private and commanding personnel, transferred to inferior offices may promote at service in the following in recognition of requirements of the Law.
      5. Decision on transfer at service of persons of private and commanding personnel shall be executed by the order of a head of law enforcement body or authorized head specifying the grounds of transfer.
      6. Persons of secondary, senior and superior commanding personnel, transferred at service shall be subject to detachment to the new duty area after delivery of works, but not later than one month from the date of receiving the order, except the cases, when these persons are in annual vacation with pay or under treatment.
      7. In case of refuse of a servant to hold suggested office upon staff reduction of law enforcement body, he (she) shall be subject to dismissal in accordance with the Law.
      Footnote. Article 30 as amended by the Law of the Republic of Kazakhstan dated 03.07.2013 No. 124-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 31. Rotation

      1. Rotation of heads of territorial subdivisions, institutions of law enforcement bodies shall be carried out for the purpose of ensuring the most effective use of professional potential upon service in law enforcement bodies.
      2. Rotation of heads of territorial bodies and institutes shall be carried out under decision of heads of law enforcement body once every five years. Adopted decision shall be executed in the form of order. Rotation of heads of territorial bodies and institutes to the service in other location shall be allowed with the written agreement of a servant, and in the interests of service – independently from the term of staying on office and without the agreement of a servant.
      3. Civil servants, having (being a trustee) of disabled children, as well as adopted children, or parents in advanced years being at the expense shall not be subject to rotations, linked with movement to other location. Mentioned circumstances shall be documentary proved.
      Footnote. Article 31 as amended by the Law of the Republic of Kazakhstan dated 09.11.2011 No. 490-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 32. Superior, equivalent and inferior offices of law enforcement bodies

      1. Office of law enforcement service shall be considered as superior, if it is provided by higher limiting special rank or class rank than special rank or class rank on the former office of law enforcement service, and in equality of special ranks or class ranks – higher salary on the office of law enforcement service.
      2. Office of law enforcement service shall be considered as equivalent, if it is provided by special rank or class rank and salary on office of law enforcement service, equal to special rank or class rank and salary on the former office of law enforcement service.
      3. Office of law enforcement service shall be considered as inferior, if it is provided by lower limiting special rank or class rank than special rank or class rank on the former office, and in equality of special ranks of class rank – lower salary on the office of law enforcement service.

Article 33. Promotion at service

      1. Promotion at service of servants shall be performed from among of servants, being in personnel reserve, in recognition of their professional, business and personal qualities, health of condition.
      2. Work on development of professional training of persons of commanding personnel, admitted to personnel reserve shall be carried out in the manner, determined by a head of law enforcement bodies.

Article 33-1. Presidential reserve of administration of law enforcement body

      Presidential reserve of administration of law enforcement bodies shall be formed for the purpose of qualitative selection of servants for appointment of vacant superior senior offices of law enforcement bodies.
      The procedure for formation and list of offices of Presidential reserve of administration of law enforcement bodies shall be determined by the President of the Republic of Kazakhstan.
      Footnote. Chapter 5 is supplemented by Article 33-1 in accordance with the Law of the Republic of Kazakhstan dated 21.05.2013 No. 93-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 34. Personnel reserve

      1. Personnel reserve shall be established for the formation of regular personnel of law enforcement body, ensuring of manning of offices of service in law enforcement body.
      2. Personnel reserve of law enforcement body shall be established for the following substitution of vacant superior offices.
      3. Personnel reserve shall be established from among of servants, recommended to nomination on senior offices or on work with heavy workload in view of the results of attestation, as well as from among of persons that showed administrative abilities upon fulfillment of employment duties or upon fulfillment of special tasks.
      4. Vacant senior office shall be substituted under decision of a head of law enforcement body or authorized head by a person, being in personnel reserve of law enforcement body. Upon refusal of servants, being in personnel reserve from suggested office, the vacant office shall be substituted by another servant in view of the results of attestation or on selection of personnel.
      5. Responsibility for establishment of personnel reserve and organization of works with it shall be asserted against a head of law enforcement body or authorized head and personnel subdivision. Personnel reserve shall be established in law enforcement bodies in recognition of qualitative regular personnel and necessity in substituting the relevant offices.
      6. Admission to personnel reserve shall be carried out by a head of law enforcement body or authorized head.
      7. In case of imposition of disciplinary penalty on a servant for corruptive infraction, he (she) shall be excluded from the personnel reserve. In case of disagreement of a servant with decision on his (her) exclusion from personnel reserve, he (she) shall have the right to appeal this decision to superior civil servants and (or) to a court.
      8. The term of staying of a servant in personnel reserve shall not exceed three years. Persons, admitted to personnel reserve, but not appointed to the planned offices for them during staying in personnel reserve may be newly admitted to personnel reserve on the common basis.
      9. Personnel subdivisions of law enforcement body may maintain the lists of servants, admitted to personnel reserve.
      10. The procedure for establishment of personnel reserve shall be determined by a head of law enforcement body.
      Footnote. Article 34 as amended by the Law of the Republic of Kazakhstan dated 21.05.2013 No. 93-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 35. Objectives for establishment of personnel reserve

      The objectives of establishment of personnel reserve and work with it shall be:
      1) regulation of planning machinery of servants’ promotion at service;
      2) improvement of the effectiveness of managerial personnel training;
      3) substitution of offices of managerial personnel by more qualifying servants;
      4) strengthening and stabilization of managerial personnel, ensuring of their continuity;
      5) strengthening of democratic principles of deciding the personnel affairs in law enforcement bodies.

Article 36. Priority directions of establishing regular personnel of law enforcement bodies

      1. Establishment of regular personnel in law enforcement body shall be ensured on the basis of:
      1) improvement of professional knowledge and skills of servants;
      2) appointment of servants to offices of law enforcement service in recognition of level of their professional training, achievements in professional employment activity and business qualities;
      3) sequence of law enforcement service and awarding of special ranks or class ranks.
      2. Priority direction of establishing regular personnel of law enforcement body shall be:
      1) training, raising of qualification and re-training on plan basis for all categories of offices of law enforcement service;
      2) creation of conditions for professional and official development of servants;
      3) appraisal of results of professional employment activities of servants by conduct of attestation.
      3. Professional official and physical training shall be organized for the purposes of development of professional knowledge and skills of servants that shall be conducted at the place of service in law enforcement bodies by servants.
      The content and procedure for organizing the official and physical training shall be established by the regulatory legal acts of law enforcement bodies.
      4. Professional retraining, raising of qualification shall be additional vocational education of servants. Receiving additional vocational education shall be allowed with breaking, partially breaking or without breaking from fulfillment of employment duties by servants. Receiving the additional vocational education by a servant under other equal conditions shall be the primary ground for admitting a servant to personnel reserve or continuation for substitution of the office of law enforcement service by him (her).
      5. Professional retraining and raising of qualification of servants shall be carried out in educational organizations and scientific institutions of law enforcement body, in specialized institutions of law enforcement body on retraining and raising of qualification of a servant, as well as in other educational organizations and institutions.
      6. A servant may receive additional vocational education beyond the boundaries of the Republic of Kazakhstan.

Article 37. Selection of candidates for admission in personnel reserve

      1. Selection of candidates for admission in personnel reserve shall be performed on the basis of research of personal and business qualities of servants, results of their employment activity, as well as on the basis of decision of attestation commission.
      2. Upon selection of candidates for admission in personnel reserve it shall be considered as follows:
      1) conformity of available education of a servant on specialization, provided to substitution on estimated office;
      2) existence of the relevant professional training and work experience on estimated type of activity;
      3) knowledge of regulatory legal acts, regulating the activity of categories of the relevant heads;
      4) health condition;
      5) results of professional retraining and raising of qualification.
      3. If nomination suggests the relocation at service to other location, the possibility of a servant and his (her) family members on health condition to reside there shall be considered.
      4. Selection of candidates for admission in personnel reserve shall be carried out by personnel subdivisions and the list of those, admitted to personnel reserve shall be approved by a head of law enforcement body or authorized head. The number of servants, admitted to personnel reserve for nomination on the relevant office shall be no less than two persons.
      Footnote. Article 37 as amended by the Law of the Republic of Kazakhstan dated 21.05.2013 No. 93-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 38. Temporary suspension of a servant from the fulfillment of employment duties

      1. A servant may be temporary suspended from fulfillment of employment duties in the following cases:
      1) in the manner, established by the criminal procedure legislation of the Republic of Kazakhstan – by a body, dealing with the criminal procedure, before annulment of necessity of this measure without pay;
      2) in case of carrying out of official investigation – by a head of law enforcement body or authorized head before decision of the question on responsibility, but for the term of no more than one month with pay.
      2. The order of a head of law enforcement body or authorized head shall be issued on temporary suspension of a servant from fulfillment of employment duties.
      Note of RCLI!
      Paragraph 3 is 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).
      3. In case of termination of the case on non-rehabilitating grounds or entering into force of condemnatory judgement, a servant shall be dismissed in the manner, established by the Law.
      4. In case of termination of criminal case on non-rehabilitating grounds, entering into force of acquitting judgement, a servant shall be restored in office, special or military rank, class rank.
      Restoration at service (in office and rank) of a person shall be performed no later than monthly term from the date of his (her) application, if it follows the acquitting judgement from its entering into force within three months or rendering of regulation on termination of the criminal case on rehabilitating grounds.
      5. Monetary allowance shall be compensated for servants, dismissed from law enforcement bodies due to conviction for criminal acts, and after that rehabilitated and restored respectively in office and special rank or class rank for the period of necessary absence at service in the manner, established by the legislation of the Republic of Kazakhstan.
      Footnote. Article 38 as amended by the Law of the Republic of Kazakhstan dated 21.05.2013 No. 93-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 39. Temporary fulfillment of obligations on office of law enforcement service

      1. Obligations on superior office may be temporary assigned on a servant due to needs of the service without dismissal from the held (main) office.
      2. Servants, holding the full-time offices, being assigned by temporary fulfillment of obligations on other offices with release from main duties in established manner, shall be paid in the following order:
      1) payment of monetary allowance shall be made to full-time substitutes according to their main performing office, independently from their employment duties on non-vacant offices of their immediate directors;
      2) upon temporary fulfillment of obligations, as well as by substitutes, the payment shall be made on vacant office of a head proceeding from the salary, provided according to temporary performed office in recognition of other payments, but no more than two months. Decision on their appointment to this office or release from fulfillment of obligations on vacant office shall be adopted within the mentioned term.
      Continuous term of temporary fulfillment of obligations on vacant office shall not exceed two months, and on non-vacant – four months.
      Continuous term of temporary fulfillment of obligations on office shall be calculated from the date of appointment to office, but no sooner than the date, specified in the order, and in the absence of mentioned date – no sooner than the date of signing the order till the date of release from fulfillment of obligations.
      Appointment of those, fulfilling the obligations on office shall be executed by the order of civil servants, provided by the right to appoint servants to offices and their transfer.
      3. Assignment of temporary fulfillment of obligations on a servant and his (her) release from the fulfillment of obligations on main office due to this, in accordance with the Article shall be carried out by the act of a head of law enforcement body or authorized head, with the exception of case, when the fulfillment of obligations on office of immediate head is provided by employment duties of a servant during the period of his (her) absence.
      Footnote. Article 39 as amended by the Law of the Republic of Kazakhstan dated 21.05.2013 No. 93-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 40. Labor hours in law enforcement bodies

      1. Duration of labor hours for servants shall be established in accordance with labor legislation of the Republic of Kazakhstan in recognition of special aspects, provided by the Law.
      Strictly regulated order of the day, determined by special aspects of employment activity and operational situation, time of year, local conditions and other separate circumstances shall be established in every law enforcement body.
      2. The rules of labor order shall establish the labor hours and rest time, consultation hours for citizens (most comfortable for population), shift-working arrangement at service of separate categories of servants that shall be approved by the act of a head of law enforcement body or authorized head.
      3. In case of necessity, servants may be brought to fulfillment of employment duties in excess of fixed time, as well as at night time, days of rest and public holidays. The procedure and conditions of payment of the compensations shall be determined by the legislation of the Republic of Kazakhstan.
      Footnote. Article 40 as amended by the Law of the Republic of Kazakhstan dated 21.05.2013 No. 93-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 41. Length of law enforcement service (years of service)

      1. Length of law enforcement service shall be estimated in the manner, established by the legislation of the Republic of Kazakhstan, for the purpose of calculation of years of service that gives the right to pension, granting additional vacation for years of service, payment of lump-sum benefit upon dismissal of a servant, as well as recommendation to awarding the titles of honour of the Republic of Kazakhstan and promotion by departmental badges of merit of law enforcement body.
      2. Estimation of years of service for servants shall be performed in the manner, determined by the Government of the Republic of Kazakhstan.
      By this, the years of service for assignment of pension payments shall be calculated in chronological order, with the exclusion of cases, established by the legislation of the Republic of Kazakhstan.
      3. The period of staying of servants at service in law enforcement bodies shall be counted in their total labor experience, as well as to the length of public service in accordance with the legislation of the Republic of Kazakhstan.
      4. The period of being of a servant in the possession of law enforcement body shall be counted to the length of service.

Article 42. Management of personal records and documents of records

      1. The personal records, documents of records of servants, containing their personal information, information on employment activity and length of law enforcement service shall be managed in law enforcement body.
      2. The following requirements shall be observed upon collection, processing and protection of personal information of a servant in law enforcement body:
      1) collection and processing of personal information of a servant shall be carried out for the purposes of assistance to a servant in law enforcement service, study and official development, ensuring the personal protection of a servant and his (her) family members, as well as for the purpose of ensuring of preservation of property, belonging to him (her), accounting of the results of fulfilling the employment duties by him (her);
      2) consistency check of personal information, received from a servant in accordance with the Law shall be carried out with participation of state bodies;
      3) protection of personal information of a servant from their illegal use or loss shall be ensured at the expense of law enforcement body in the manner, established by the Law and other legislative acts of the Republic of Kazakhstan;
      4) transfer of personal information of a servant to the third party shall not be allowed without the agreement of an servant, expressed in written, with the exception of cases, established by the Laws.
      3. Personal information and other information, linked with entering into law enforcement service, its record of service and dismissal from law enforcement service, required for ensuring of activity of law enforcement body shall be introduced in personal record of a servant.
      4. State bodies or organizations in which a citizen (a servant) did (does) law enforcement and military service shall send the calculation of years of service, copy of record in service, conclusion on the last attestation and other materials characterizing the employment activity of a servant to the address of law enforcement body at the request of a head of law enforcement body or authorized head upon acceptance (transfer) of a citizen (a servant) that did (doing) law enforcement or military service.
      5. Information, contained in personal records and documents of records of a servant shall refer to state secrets in accordance with the legislation of the Republic of Kazakhstan.
      6. A servant, guilty in violations of norms, regulating receiving, storage, processing, use and transfer of personal information of another servant, and equally guilty in loss or disclosure of such information shall bear responsibility in accordance with the Law and other Laws of the Republic of Kazakhstan.
      7. The procedure for management of personal records, contained personal information of a servant shall be approved by a head of law enforcement body.
      Footnote. Article 42 as amended by the Law of the Republic of Kazakhstan dated 21.05.2013 No. 95-V (shall be enforced upon expiry of six months after its first official publication).

Article 43. Legal relations, linked with law enforcement service, upon staff reduction, reorganization or liquidation of law enforcement body

      1. Legal relations with a servant, substituting reduced office upon staff reduction of law enforcement service shall constitute in the following cases:
      1) provision of possibility of substituting the other office to a servant in the same or in other law enforcement body;
      2) recommendation of a servant to professional retraining, raising of qualification or study in educational organization of law enforcement body.
      2. Legal relations with a servant may be continued upon liquidation of law enforcement body in case of provision of possibility of substituting the other office in law enforcement body to a servant that is transferred by the function of liquidated law enforcement body, or in other law enforcement body.
      3. In case of refuse of a servant from suggested office, he (she) shall be dismissed from law enforcement service in the manner, established by the Law.

Article 44. Service not in the offices of law enforcement body

      Servants may do law enforcement service not in the offices with abandonment in personnel of law enforcement body in cases:
      1) being in the possession of law enforcement body;
      2) extraregimental employment to state bodies and international organizations;
      3) study within the frame of state order on training of public servants.
      Footnote. Article 44 as amended by the Law of the Republic of Kazakhstan dated 03.07.2013 No. 124-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 45. Special aspects of law enforcement service

      1. Length of involvement of servants for protection of public order in other regions of the Republic or for participation in ensuring of legal regime of extraordinary situation and liquidation of emergency situations shall not exceed three months.
      2. Servants may be posted to state bodies and international organizations with abandonment in personnel of law enforcement bodies in the manner, determined by the Government of the Republic of Kazakhstan.

Article 45-1. Special conditions of serving in correctional system of the Ministry of Internal Affairs

      1. Special conditions of serving in correctional system means the work of personnel of institutions upon imposition of extraordinary or military situation, escape of supposed, accused and convicted person, taking of hostage, mass disorders, group insubordinations or upon a menace of their creation within the term, required for their elimination.
      2. The work of servants of bodies of correctional system in the regime of special conditions of serving shall not exceed three months and shall be compensated by the rest days. The procedure and limiting length of involvement of servants to work in special conditions of service shall be determined by the regulatory legal acts of the Republic of Kazakhstan.
      Footnote. Chapter 5 is supplemented by Article 45-1 in accordance with the Law of the Republic of Kazakhstan dated 18.01.2012 No. 547-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 46. Detachment of a servant

      1. Detachment of a servant shall be carried out by the order of a head of law enforcement body or authorized head having the right to appoint to the relevant offices.
      By this, the appointment of a servant to office shall be performed from the date of his (her) detachment.
      2. The grounds for detachment shall be report of a servant and written application of law enforcement body, accepting to service.
      3. The term for adoption of decision on detachment of a servant shall not exceed one month from the date of receipt of written application of accepting law enforcement body.
      Footnote. Article 46 as amended by the Law of the Republic of Kazakhstan dated 21.05.2013 No. 93-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 46-1. The procedure and grounds for admission of a servant in the possession of law enforcement body

      1. Servants may be admitted in the possession of law enforcement body with dismissal from the held office for decision of the question on the following law enforcement service in the manner and on the grounds, provided by the Article.
      2. The grounds for admission of a servant in the possession of law enforcement body shall be:
      1) application of a servant with report on dismissal from the held office and abandonment in the possession of law enforcement body at the own wish;
      2) dismissal of a servant from the held office in the manner of disciplinary penalty, provided by subparagraph 5) of paragraph 2 of Article 56 of the Law, or in view of the results of attestation;
      3) conduct of staffing measures;
      4) expiration of the term of extraregimental employment to other state bodies and international organizations;
      5) expiration of the term of powers on the held office;
      6) conclusion of military physician board.
      3. Dismissal of a servant from the held office and admission in the possession of law enforcement body shall be carried on the basis of order of a head of law enforcement body or authorized head for the term, not exceeding fifteen calendar days.
      In exceptional cases, occasioned by special circumstances, this term may be extended by a head of law enforcement body for two months.
      A servant, admitted in the possession of law enforcement body shall reserve the salary according to last office.
      The term of being in the possession of law enforcement body shall not include the period of persons’ of private and commanding personnel being on vacations, established by the Law, being under treatment (checkup by referral of military physician board) in public health organizations, the period of being in route from the place of former service to location area of the relevant law enforcement body;
      for persons, studying on part-time or evening education – the term of being on the period of examinations of educational organizations; the term of being under arrest due to bringing to the criminal responsibility, in cases of termination of criminal case on rehabilitating grounds or delivery of acquitting judgement from the date of arrest and to the date of relief included.
      4. The procedure for serving by servants, being in the possession of law enforcement body shall be determined by a head of law enforcement body.
      The established order of the day of law enforcement body shall be applied to a servant, being in the possession of law enforcement body in the full measure.
      Incentives may be used against a servant, admitted in the possession of law enforcement body and he (she) may be imposed by disciplinary penalties, provided by the Law.
      5. The term of being of a servant in the possession of law enforcement body shall be counted to the length of law enforcement service, in years of service for awarding of special rank or class rank.
      6. Servants dismissed from the held offices and being in the possession of law enforcement body that didn’t use the annual vacation with pay, in case of delay of decision of the question on their following use at service shall be provided by the unused vocation. For the period of annual vocation with pay, the salary shall be paid to them in amount, receiving according to the main office to the date of admission in the possession of law enforcement body, independently from the term of being in the possession.
      7. A head of law enforcement body or authorized head shall be obliged to offer the office to a servant being in the possession of law enforcement body in written form in compliance with requirements of the Article.
      Upon appointment to office of a servant, being in the possession of law enforcement body, his (her) qualification, rank, years of service, work experience, former office shall be considered.
      In case of admission of a servant in the possession of law enforcement body on the grounds, provided by subparagraph 1), 3), 4) and 5) of paragraph 2 of the Article, the office shall be offered in recognition of professional qualities of a servant and under condition of conformity to qualifying requirements, provided for this office.
      In case of admission of a servant in the possession of law enforcement body on the ground, provided by subparagraph 2) of paragraph 2 of the Article, the offered office shall be inferior.
      In case of admission of a servant in the possession of law enforcement body on the ground, provided by subparagraph 6) of paragraph 2 of the Article, the appointment to office shall be performed with the agreement of a servant in accordance with the conclusion of military physician board.
      8. In case of refusal of a servant to state disagreement in written form with offered office, the personnel subdivision of law enforcement body shall draw up the act that shall be attached to the personnel record of a servant.
      In case of refusal of a servant to hold the offered office, he (she) shall be subject to dismissal.
      Footnote. Chapter 5 is supplemented by Article 46-1 in accordance with the Law of the Republic of Kazakhstan dated 21.05.2013 No. 93-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Chapter 6. ATTESTATION

Article 47. Attestation of servants

      1. Attestation of servants shall be periodically realized procedure on determination of level of their professional qualification, legal culture and ability to work with citizens.
      2. Main criterion of grade upon attestation shall be ability of servants to fulfill the obligations, assigned on them.
      3. Servants shall pass attestation upon expiry of every following three years of permanent being at service in a system of law enforcement bodies. By this, the attestation shall be conducted not late than six months from the date of mentioned maturity.
      In cases, if servants, subject to attestation are appointed to new offices, they shall pass attestation after one year after appointment. Upon appointment to equivalent offices, this term shall not be considered, unless this entailed the modification of functional obligations.
      Upon passing the attestation, being at service in a system of law enforcement bodies shall be considered as permanent, when no more than three months passed from the date of dismissal of a servant from service in a system of law enforcement bodies and to the date of his (her) entering into service in a system of law enforcement bodies, under condition of absence of his (her) labor relations with other legal entities (with the exception of state bodies) and individuals for the mentioned period.
      3-1. Is excluded by the Law of the Republic of Kazakhstan dated 27.04.2012 No. 15-V (shall be enforced from the date of its first official publication).
      4. A head of law enforcement body and his (her) deputies, as well as servants having the age in grade no less than twenty years in law enforcement bodies shall not be subject to attestation.
      Women from among of servants during their period of gestation and maternity vacation shall not be subject to attestation. They shall be attested after attendance at service no sooner than after six months and not later than one year.
      5. Attestation shall include the set of successive steps:
      1) training for conduct of attestation;
      2) passing established normative standards on determination of professional suitability;
      3) computer testing of a servant, subject to attestation on knowledge of the legislation of the Republic of Kazakhstan and logical thinking;
      3-1) attending the polygraphological research;
      4) interview with a servant, conducted by attestation commission;
      5) delivery of decision of attestation commission.
      Footnote. Article 47 as amended by the Laws of the Republic of Kazakhstan dated 09.11.2011 No. 490-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 27.04.2012 No. 15-V (shall be enforced from the date of its first official publication); dated 21.05.2013 No. 93-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 47-1. Unscheduled attestation

      1. Unscheduled attestation shall be conducted by decision of the President of the Republic of Kazakhstan, determining its procedure, terms and categories of attesting servants.
      2. One of the following decisions shall be adopted by attestation commission following the results of unscheduled attestation:
      1) conforms to the held office and recommended for admission to personnel reserve or nomination to superior office;
      2) conforms to the held office;
      3) not conforms to the held office and recommended to reduction in office;
      4) not conforms to the held office and recommended to transfer to other service (office);
      5) not conforms to the held office and recommended to dismissal.
      3. In case of failure to pass normative standards of professional suitability and receiving the grade lower than threshold grade upon testing, the attestation commission shall adopt one of the following decisions, provided by subparagraphs 3), 4) and 5) of paragraph 2 of the Article.
      4. Servants, being absent at the meeting of attestation commission for two times without reasonable excuse shall be recommended to dismissal in the manner, established by the Law.
      5. Servants of law enforcement bodies, not passed the unscheduled attestation and (or) refused to continue the service in law enforcement bodies in other offices, as well as in inferior offices, shall be subject to dismissal in the manner, established by the Law.
      Footnote. Chapter 6 is supplemented by Article 47-1 in accordance with the Law of the Republic of Kazakhstan dated 27.04.2012 No. 15-V (shall be enforced from the date of its first official publication).

Article 48. Organization of training to conduct of attestation

      1. Upon maturity of conducting the attestation on instruction of a head of law enforcement body or authorized head, the relevant personnel subdivisions shall organize the training to conduct the attestation.
      2. Training shall include the following measures:
      1) development of schedule for conduct of attestation;
      2) organization of explanatory work on the purposes and procedure for conducting the attestation;
      3) determination of terms and place for conduct of attestation;
      4) preparation of necessary documents on attesting servants.
      The procedure and conditions of passing the testing, normative standards on determination of professional suitability, as well as threshold grades for the categories of offices (hereinafter – threshold grades) shall be established by the regulatory legal acts of law enforcement bodies.
      3. Personnel subdivision of law enforcement body shall determine the servants, subject to attestation once every six months in accordance with the Law.
      4. A head on recommendation of personnel subdivision shall approve the list of servants, subject to attestation, and the terms of its conduct.
      5. Personnel subdivision shall notify servants in written on the terms of conducting the attestation no later than one month before beginning of its conduct.
      6. The character certificate shall be executed for a servant, subject to attestation and shall be sent to personnel subdivision no later than three weeks before the meeting of attestation commission.
      7. Character certificate shall contain objective and validated assessment of professional, personal qualities and results of service activity of a servant, subject to attestation for the period, composed of his (her) three years permanent being at service in a system of law enforcement bodies and term, passed after this before conducted attestation.
      8. Immediate head shall be obliged to familiarize a servant with his (her) presented character certificate against signature no later than two weeks before meeting of attestation commission.
      9. An servant shall have the right to file a complaint on his (her) disagreement with his (her) presented character certificate and provide additional information, characterizing him (her) in personnel subdivision.
      10. Personnel subdivision shall send the collected attestation materials to attestation commission no later than a week before its meeting.
      Footnote. Article 48 as amended by the Laws of the Republic of Kazakhstan dated 27.04.2012 No. 15-V (shall be enforced from the date of its first official publication); dated 21.05.2013 No. 93-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 49. Attestation commission

      1. A head on recommendation of each subdivision shall approve the composition of attestation commission and its work schedule.
      2. The composition of attestation commission shall contain no less than five members.
      Substitution of absent members of attestation commission shall not be allowed.
      3. Secretary of attestation commission shall be a representative of personnel subdivision that shall be determined by its head.
      Secretary of attestation commission shall carry out organization support of its work and shall not have the right to participate in voting.
      4. Several attestation commissions may be established dependingon referral of work of law enforcement body, organization of establishment of law enforcement body or state institution of law enforcement body.
      5. A head of attestation commission and its members shall hold the same or higher office, than servants, subject to attestation.
      6. Heads of structural subdivisions, representatives of personnel subdivisions (or persons, to which these subdivisions are accountable to), as well as other servants of law enforcement body, educational organization of law enforcement body or state institution of law enforcement body shall be included to the composition of attestation commission, with the exception of servants, passing the attestation.
      7. Meeting of attestation commission shall be legally qualified, if no less than two-thirds of its composition attends it.
      8. Decision of attestation commission shall be adopted by open voting and shall be considered as adopted, if majority of votes are given from among attending members of attestation commission at the meeting. In case of equality of votes, the decision shall be considered as adopted for which a chairman of attestation commission voted.

Article 50. Conduct of attestation

      1. Servants that passed established normative standards on determination of professional suitability upon the first or repeated attestation shall be admitted to interview, with the exception of servants of prosecution bodies, receiving a grade that is higher than threshold grade upon conduct of testing.
      2. Servants, not passed the established normative standards on determination of professional suitability or received a grade that is lower than threshold grade upon conduct of testing shall not be admitted to interview and shall be subject to repeated attestation by decision of attestation commission in the manner, determined by the Law.
      3. Interview with attesting a servant shall be conducted at the meeting of attestation commission.
      4. Servants that were absent at the meeting of attestation commission on the basis of reasonable excuses shall be interviewed after attendance at service.
      5. In case of absence of a servant at the meeting of attestation commission without reasonable excuses, the attestation commission shall adopt decision on repeated attestation of a servant in the manner, determined by the Law.
      6. Following the results of interview, the attestation commission shall adopt one of the following decisions:
      1) conforms to the held office and recommended for admission to personnel reserve or nomination to superior office;
      2) conforms to the held office;
      3) subject to repeated attestation;
      4) not conforms to the held office and recommended to reduction in office.
      7. Decision of attestation commission shall be executed in the minutes within three business days that shall be signed by members of attestation commission, attending at its meeting and secretary.
      8. Personnel subdivision shall inscribe decision of attestation commission in appraisal sheet of a servant that shall familiarize with decision against signature within three business days from the date of its adoption.
      8-1. In case of detecting the facts of falsification of testing results or passing the normative standards on determination of professional suitability, the decision of attestation commission shall be subject to revocation by superior attestation or superior head of law enforcement body.
      9. Appraisal sheet of a servant, passed the attestation and his (her) character certificate shall be kept in personal record.
      Footnote. Article 50 as amended by the Law of the Republic of Kazakhstan dated 27.04.2012 No. 15-V (shall be enforced from the date of its first official publication).

Article 51. Repeated attestation

      1. Re-attestation shall be conducted no sooner than three months and no later than six months from the date of conduct of the first attestation.
      2. Servants, not passed the established normative standards on determination of professional suitability upon re-attestation or received a grade that is lower than threshold grade upon testing, as well as in case of absent at the meeting of attestation commission without reasonable excuses on decision of attestation commission shall be recommended to reduction in office or dismissal in the manner, established by the Law.
      3. Attestation commission shall adopt one of the following decisions after re-attestation:
      1) comply with the held office;
      2) not comply with the held office and is recommended to reduction in office;
      3) not comply with the held office and is recommended to dismissal.
      4. Adoption of decision by attestation commission on non-conformity of a servant to the held office with recommendation on dismissal shall be the negative result of attestation.

Article 52. Decision of attestation commission

      Decision of attestation commission may be the one of the grounds for admission of a servant to personnel reserve, nomination of a servant to superior office, reduction of a servant in office or his (her) dismissal.

Article 53. Appeal of decision of attestation commission

      Decision of attestation commission may be appealed by a servant to a head of law enforcement body or authorized head in monthly term and (or) in judicial proceeding.
      Footnote. Article 53 as amended by the Law of the Republic of Kazakhstan dated 21.05.2013 No. 93-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Chapter 7. OFFICIAL DISCIPLINARY IN LAW ENFORCEMENT BODIES

Article 54. Official disciplinary in law enforcement bodies

      1. Official disciplinary at law enforcement service shall be compulsory compliance with norms and rules, established by the legislation of the Republic of Kazakhstan, acts of heads of law enforcement bodies and authorized heads.
      2. A head of law enforcement body and authorized head shall bear responsibility for the state of official discipline among the subordinated persons.
      3. For the purpose of ensuring and strengthening of official discipline, a head of law enforcement body or authorized head may use incentives against servants and cadets (listeners) of educational organization of law enforcement bodies, and they may be imposed by disciplinary penalties, provided by the Law.
      Footnote. Article 54 as amended by the Law of the Republic of Kazakhstan dated 21.05.2013 No. 93-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 55. Incentives, used to servants

      1. For exemplary fulfillment of obligations and achievement of high results in service activity, the servants and cadets (listeners) of educational organization of law enforcement bodies shall be provided by the following types of incentives:
      1) expression of gratitude;
      2) lump sum pecuniary recompense;
      3) awarding of valuable gift;
      4) awarding of certificate of merit;
      5) awarding of certificate of Honour;
      6) awarding of departmental award and lapel badge of merit of law enforcement body;
      7) advanced awarding of the next special rank or class rank;
      8) entering in book of Honour or on honours Board;
      9) awarding of the title of honour;
      10) other types of incentives, provided by the regulatory legal acts of law enforcement bodies.
      The procedure for using the types of incentives to a servant, provided by the Article shall be established by the regulatory legal acts of law enforcement bodies.
      2. Advanced removal of previously imposed disciplinary penalty on a servant may be used in capacity of incentive.
      3. Incentives shall be executed by the orders.
      4. Incentives in the type of provision of extraordinary dismissal from location of educational organization may be used in educational organizations of law enforcement bodies.
      5. Servants may be recommended to awarding of state awards for special merits in accordance with the legislation of the Republic of Kazakhstan.

Article 56. Disciplinary penalties, used to servants

      1. Disciplinary penalties in law enforcement bodies shall be a measure of disciplinary responsibility.
      2. The following types of penalties may be imposed on servants for non-fulfillment or improper fulfillment of employment duties:
      1) comment;
      2) reprimand;
      3) severe reprimand;
      4) prevention on incomplete official conformity;
      5) dismissal from the held office;
      6) reduction in special rank or class rank for one grade;
      7) dismissal from law enforcement body;
      8) dismissal from law enforcement body with deprivation of titles of honour, lapel badges, awarded or promoted by heads of law enforcement body or authorized heads;
      9) dismissal from law enforcement body with deprivation of special rank or class rank. Disciplinary penalty, provided by subparagraph 9) of this paragraph shall be applied in case of dismissal of a servant on negative appeal, provided by subparagraphs 13) and 14) of paragraph 1 of Article 80 of the Law of the Republic of Kazakhstan “On law enforcement service”.
      3. The following disciplinary penalties may be imposed on cadets (listeners) in educational organizations of law enforcement bodies, besides disciplinary penalties, provided by the Article:
      1) appointment on duty out of turn (with the exception of appointment on duty on security of subdivision’s protection);
      2) deprivation of the next dismissal from location of educational organization of law enforcement body;
      3) expulsion from educational organization of law enforcement body.
      Footnote. Article 56 as amended by the Laws of the Republic of Kazakhstan dated 09.11.2011 No. 490-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 21.05.2013 No. 93-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 57. Grounds and conditions of imposition of disciplinary penalties

      1. The ground of imposition of a penalty shall be commission of disciplinary infraction by a servant.
      2. Existence of guilty of a servant, gravity and circumstances of committed disciplinary infraction, identity of a servant and his (her) referral to service, ensuing of negative consequences and infliction of damage to image of law enforcement body shall be considered upon imposition of disciplinary penalty and determination of its type.
      Procedure and conditions for bringing to disciplinary responsibility shall be determined by the regulatory legal acts of law enforcement bodies.
      3. Upon commission of disciplinary infraction by a servant, he (she) shall be requested by written statement of explanation. If a servant is agreed with the fact of his (her) commission of this disciplinary infraction according to written statement of explanation, a head of law enforcement body or authorized body shall have the right to impose penalty without conducting official investigation.
      In case if a servant in his (her) written statement of explanation is not agreed with the fact of his (her) commission of disciplinary infraction, the official investigation shall be conducted under the order of a head of law enforcement body or authorized head.
      4. Imposition in the form of notification on incomplete official conformity, dismissal from the held office and dismissal shall be imposed in view of the results of conducted official investigation and the relevant recommendations of disciplinary committee.
      The procedure for establishment and work of disciplinary committee shall be determined by a head of law enforcement body.
      5. Upon commission of disciplinary infraction, committed jointly by several servants, the penalties shall be imposed on each of guilty servant severally.
      6. For each case of violation of official discipline, only one disciplinary infraction may be imposed.
      7. Imposition of penalty shall not release a servant, committed disciplinary infraction from fulfillment of the obligation, for non-fulfillment or improper fulfillment of which the penalty was imposed.
      8. The order on imposition of disciplinary infraction shall be notified to a servant, subject to disciplinary penalty against signature within three business days from the date of its issuance.
      9. Refusal from familiarization with order on imposition of disciplinary penalty shall be executed in the act that shall be drawn up by personnel subdivisions of law enforcement body and shall be registered in the special journal.
      In case of impossibility to familiarize a servant with the order on imposition of disciplinary penalty in person, the personnel subdivision of law enforcement body shall be obliged to send a copy of the order on imposition of disciplinary penalty to a servant by registered letter.
      10. Disciplinary penalty shall be imposed no later than one month from the date of detection of disciplinary infraction and six months from the date of commission of disciplinary infraction.
      The date of detection of disciplinary infraction from which the running of monthly term is began, shall be the date when a person, to whom a servant is subordinated at service came to knowledge on commission of disciplinary infraction independently from whether he (she) is authorized to impose disciplinary penalties or not.
      Note of RCLI!
      Paragraph 11 is 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).
      11. In cases of conducting the official investigation, initiation of criminal case or case on administrative offence, considered by court, the disciplinary penalty shall be imposed no later than one month respectively from the date of conclusion of investigation, adoption of procedural decision on termination of criminal case or proceeding on the case on administrative offence, without considering time of absence at work due to disease of a guilty person or his (her) being in vacation, business travel.
      Note of RCLI!
      Paragraph 12 is 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).
      12. In case of refuse from initiation of criminal case or termination of criminal case, but in existence of constituent elements of disciplinary infraction in actions of a servant, the penalty shall be imposed no later than one month, constituent elements of corruptive infraction – no later than three months from the date of adoption of decision on refuse from initiation of criminal case or its termination.
      13. In case of commission of corruptive infraction or infraction, creating conditions for corruption by a servant, the disciplinary penalty shall be imposed no later than three months from the date of detection of disciplinary infraction and may not be imposed later than one year from the date of commission of disciplinary infraction.
      14. Disciplinary penalty on a servant may not be applied during his (her) temporary disability, being in vacation or business travel, as well as in case, if more than six months passed from the date of commission of disciplinary infraction.
      15. The period of temporary disability, being in vacation, business travel shall suspend validity of term for imposition of penalty, if it comes to knowledge on committed disciplinary infraction during this period or before its maturity.
      16. A servant shall have the right to familiarize with all materials, linked with his (her) bringing to disciplinary responsibility.
      17. The term of disciplinary penalty, imposed on a servant may not exceed six months from the date of its applying. If a servant is not subject to new disciplinary penalty during this period, he (she) will be considered as not having the disciplinary penalty.
      18. If it is necessary to apply correction actions that are beyond the scope of the rights of immediate head, he (she) shall apply on this before superior civil servant, authorized to apply correction actions.
      19. Superior head shall have the right to cancel disciplinary penalty, imposed by an inferior head, if the previously notified penalty doesn’t conform to the gravity of committed disciplinary infraction.
      20. A head, overstepped the powers, provided to him (her) on applying, imposition of disciplinary infractions shall bear disciplinary responsibility on this, and the orders on infraction shall be revoked by a civil servant, authorized to apply the corrective actions.
      21. A servant shall have the right to appeal the disciplinary infraction, imposed on him (her) to superior body or to court.
      Footnote. Article 57 as amended by the Law of the Republic of Kazakhstan dated 21.05.2013 No. 93-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 23.04.2014 No 200-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 58. Official investigation

      Note of RCLI!
      Paragraph 1 is in the wording of the Law of the Republic of Kazakhstan, dated 03.07.2014 No 227-V (shall be enforced from 01.01.2015).

      1. Official investigation shall be conducted by decision of a head of law enforcement bodies or authorized head if it is necessary to detect the reasons, nature and circumstances of committed disciplinary infraction by a servant, confirmation of existence or absence of circumstances, provided by the Law, as well as in accordance with the legislation of the Republic of Kazakhstan, as well as on the basis of written report of servants and judicial bodies.
      If necessary, the polygraphological research shall be conducted upon conduct of official investigation.
      2. A servant, interested in the results of conduct of official investigation expressly or implicitly may not participate in it. In this case, he (she) shall be obliged to refer to a person that adopted decision on conduct of official investigation with written report on liberation from his (her) participation in conduct of this investigation. In non-compliance of mentioned requirement, the results of official investigation shall be considered invalid.
      3. Upon conduct of official investigation, the measures to objective and detailed establishment as follows shall be assumed:
      1) establishment of the fact of commission of disciplinary infraction by a servant;
      2) establishment of reasons and conditions, assisting commission of disciplinary infraction by a servant;
      3) establishment of nature and extent of damage, incurred by a servant in the result of commission of disciplinary infraction;
      4) establishment of existence or absence of circumstances, preventing the service by a servant.
      4. Official investigation shall be completed no later than after one month from the date of deciding the decision on its conduct. Time of vacation, business travel or being under treatment of a servant, in relation of whom the official investigation is conducted shall not be conducted to the mentioned term, as well as his (her) absence time at service by other reasonable excuses.
      5. Results of official investigation shall be presented to a person, adopted decision on conduct of official investigation in the form of conclusion in written that shall be approved by him (her) no later than after three calendar days from the date of completion of investigation.
      6. Written statement of explanation on circumstances of conducting the official investigation shall be requested from a servant, in relation of whom the official investigation is conducted.
      7. A servant, in relation of whom the official investigation is conducted, shall have the right to:
      1) offer written statement of explanation in essence of conducted official investigation;
      2) make an application, present evidences and other documents;
      Note of RCLI!
      Subparagraph 3) is in the wording of the Law of the Republic of Kazakhstan, dated 03.07.2014 No 227-V (shall be enforced from 01.01.2015).
      3) appeal decisions and actions (omissions) of servants, conducting the official investigation to a head of law enforcement body or authorized head, adopted decision on conduct of official investigation;
      4) to be familiarized with conclusion and other materials upon completion of official investigation, if it is not in contrary with requirements of confidentiality of information that is state secrets and other secrecy, protected by the Law.
      Upon refuse of a servant to offer written statement of explanation, the relevant act shall be drawn.
      8. In view of the results of official investigation, in conclusion it shall be established as follows:
      1) the facts and circumstances, established by the results of official investigation;
      2) conclusions and proposals in view of the results of official investigation.
      Note of RCLI!
      Paragraph 9 is in the wording of the Law of the Republic of Kazakhstan, dated 03.07.2014 No 227-V (shall be enforced from 01.01.2015).
      9. In case of discovery of constituent elements of crime upon conduct of official investigation in actions of a servant, a head of law enforcement body or authorized head, adopted decision on conduct of official investigation shall be obliged to send received materials to the relevant law enforcement bodies immediately for adoption of procedural decision.
      10. The procedure for conduct of official investigation shall be established by the regulatory legal acts of law enforcement bodies.
      Footnote. Article 58 as amended by the Law of the Republic of Kazakhstan dated 21.05.2013 No. 93-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Chapter 8. USE OF FIREARMS, SPECIAL AMMUNITION AND PHYSICAL FORCE BY SERVANTS

      Footnote. The title of Chapter 8 is in the wording of the Law of the Republic of Kazakhstan, dated 23.04.2014 No 200-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 59. Purpose for use of firearms, special ammunition and physical force

      Fire and other weapon, special ammunition and physical force shall be used for the purpose of termination of socially dangerous acts, detention and bringing of persons, committed them to law enforcement bodies in recognition of nature of infractions and particular situations.
      Footnote. Article 59 is in the wording of the Law of the Republic of Kazakhstan, dated 23.04.2014 No 200-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 60. Use of special ammunition and physical force

      1. Servants shall have the right to use physical force, including combat fighting techniques, as well as handcuffs, rubber truncheons, lachrymatory agents, sound and light appliances of distractive effect, instruments for opening of premises, compulsory stoppage of transport, water cannons, animals, armored vehicles and other special transport vehicles, the list of which is determined by the Government of the Republic of Kazakhstan for:
      1) holding off the attacks against individuals, servants and other persons, doing official or public duty on protection of public order, public security protection and crime prevention;
      2) hostages release, putting the end to mass disorders and group violations of public order (group violations of established regime of detention in the institutes of correctional system), as well as unlawful acts upon escape or detention of escaped persons from correctional institutions and detention facilities of convicted, supposed and accused persons;
      3) holding off an attack against buildings, premises, constructions, transport vehicles, land plots, belonging to individuals, organizations and state bodies, and equally for their liberation from seizure;
      4) detention of wrongful persons (convicted, supposed and accused persons and persons, committed administrative infractions), if they assist insubordination or resistance to servants, other persons, fulfilling obligations on protection of public order, public security protection, imposed on them, for their bringing to law enforcement bodies, convoy and protection of detained persons, persons taken into custody, as well as persons, subject to administrative arrest, convicted, supposed and accused persons if there are reasonable grounds to consider, that they may escape from prison or incur damage to wider public or themselves, as well as in relation to persons, preventing the carrying out of the obligations, imposed on them by the Law intentionally;
      5) holding off the attack with the purpose of self-defence by a servant or protection of their family members in justifiable threat of causing of heavy harm to health or life;
      6) necessary defence, extreme necessity;
      7) bringing of wrongful persons, if it is necessary for the purpose of suppression of infraction, establishment of identity of a wrongful person, as well as drawing up protocol on administrative infraction upon impossibility to drawn it up in place, if drawing up of protocol is compulsory.
      2. Special features and combat fighting techniques in relation to women, persons with obvious signs of permanent disability and minors, except the cases of their commission of attack, threatening the life and health of wider public, assault in concert or providing armed resistance.

Article 61. Use of firearms

      1. Servants shall have the right to use firearms for:
      1) protection of individuals from criminal infringement in case of threaten to their life and health, and equally in case of hostages release;
      2) holding off the attack against servants and their family members, persons, fulfilling official or public duty on protection of public order, public security protection and crime prevention;
      3) holding off the attack against housing units of individuals, objects protected by law enforcement bodies, premises of state organizations, holding off the attack against official or military party;
      4) detention of persons, providing resistance or caught upon commission of crime, escaping from being under detention (except those, under arrest) for detention of armed persons;
      5) stoppage of transport vehicles by their damaging, if a driver doesn’t obey the legal requirements of a servant and put life and health of individuals at hazard;
      6) protection of the animals’ attack;
      7) setting the alert signal or calling for assistance;
      8) in all other cases of necessary defence and extreme necessity.
      2. Use of firearms in relation to women, persons with obvious signs of permanent disability, minors, when their age is known or obvious, except the cases of their commission of armed attack, provision of armed resistance, taking of hostages, transport vehicles, including the aerial vehicle, or assault in concert.
      Footnote. Article 61 is in the wording of the Law of the Republic of Kazakhstan, dated 23.04.2014 No 200-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 62. Conditions of using the firearms, special ammunition, physical force

      1. In all cases of using the fire and other weapon, special ammunition, physical force, a servant shall be obliged to assume necessary measures for security protection of individuals, provision of emergency medical care for injured person, to report on use of firearms, special ammunition and physical force to immediate head.
      2. A prosecutor shall be immediately informed on every case of using the fire and other weapon, special ammunition, physical force, entailed the death of people or other heavy consequences.
      Footnote. Article 62 is in the wording of the Law of the Republic of Kazakhstan, dated 23.04.2014 No 200-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Chapter 9. SOCIAL PROTECTION

Article 63. Social protection of servants

      Servants, their family members and property shall be under protection of the state in accordance with the legislation of the Republic of Kazakhstan.

Article 64. Payment of labor, pension benefits and other security of servants

      1. Monetary allowance of servants shall be established on the basis of unified system of payment for labor of workers of bodies of the Republic of Kazakhstan, maintained at the expense of state budget, approved by the Government of the Republic of Kazakhstan and shall include monetary pay and allowances for special condition of service, established by the legislation of the Republic of Kazakhstan.
      2. Monetary pay of servants shall consist of official salary and supplemental payment for special rank or class rank.
      Work experience for calculation of official salaries and benefits for health promotion shall be determined by the legislation of the Republic of Kazakhstan.
      3. Pension benefits of servants, payment of state social benefits on permanent disability shall be carried out in accordance with the legislation of the Republic of Kazakhstan.
      4. Servants shall have the right to top-priority acquisition of traffic documents to all types of transport and receipt of the place for residence in hotels on presentation of business trip certificate.

Article 65. Special aspects of service during temporary disability

      1. The period of temporary disability of continual being under treatment of a servant shall not exceed four months, except for those cases, when longer terms of being under treatment on separate diseases are provided by the legislation of the Republic of Kazakhstan. Upon expiry of established term of continual being under treatment of a servant, he (she) shall be subject to medical certification of military physician board for solution of the question on his (her) fitness for the following service.
      2. The servants’ term of being under treatment due to injuries, contused wounds or maims, received upon execution of official duties and call of duty shall not be limited by the term. Mentioned persons shall be referred to medical certification after end of treatment or upon determined disease outcome.
      3. Servants that suffer from diseases often and for long duration shall be referred to medical certification in military physician boards on recommendation of medical and preventive treatment facilities by personnel subdivisions of law enforcement body for determination of fitness for the following service, if number of days of disability are up to four months on the same disease on a continuous basis for the twelve months or up to five months in the course of year on different diseases.
      3-1. In case of disability of a servant from various illnesses over the terms, specified in paragraph 3 of the Article, except for diseases for which a longer period of incapability is established, approved by the Government of the Republic of Kazakhstan, the servant appears at the disposal of law enforcement agency.
      4. Monetary allowance shall be paid in full measure to servants during their temporary disability.
      Footnote. Article 65, as amended by the Law of the Republic of Kazakhstan, dated 23.04.2014 No 200-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 66. Guarantees in case of death incident (death) or maims of servants

      1. Upon receipt of maim by a servant during his (her) fulfillment of official duties, the lump sum compensation shall be paid to him (her), and in case of his (her) death incident (death) - to persons, having the right to its receipt.
      2. The procedure for payment of lump sum compensation shall be established by the Government of the Republic of Kazakhstan.
      3. In case of death incident (death) of a servant upon fulfillment of official duties or in the course of one year after dismissal from service due to physical injury, received upon fulfilling compulsory official duties, the dependents or heirs shall be paid by compensation in amount of sixty months monetary pay according to the last held office.
      4. Upon establishment of permanent disability to a servant, arising in view of the results of physical injury, injury (contused wound), maim, disease, received upon fulfilling the official duties, he (she) shall be paid by lump sum compensation in amounts:
      1) disabled person of group I – thirty month monetary pay;
      2) disabled person of group II – eighteen months monetary pay;
      3) disabled person of group III – six months monetary pay.
      5. In case of receipt of heavy maim (physical injury, injury, contused wound) by servants upon fulfilling official duties that doesn’t entail permanent disability, they shall be paid by lump sum compensation in amount of one and half month monetary pay, minor maim – half month monetary pay.
      6. Lump sum compensation shall not be paid, if it is proved in established manner, that death incident (death), physical injury, injury (maim), disease of a servant occurred due to circumstances, not linked with fulfillment of official duties.
      7. Children of a servant, died upon fulfillment of official duties shall reserve the right to medical and sanatorium-resort service until their attainment of majority in the manner, established by the Government of the Republic of Kazakhstan.
      8. Children of servants, died or received permanent disability upon fulfillment of official duties shall enjoy the right to admission in military boarding-schools and military schools out of competition, as well as those gained the threshold grades on established requirements for those entering therein, shall be admitted to educational organizations of law enforcement body out of competition.

Article 67. Compensation of expenses on burial

      A lump sum pecuniary recompense shall be paid for burial of decedent or died servants in amount of their three months monetary pay, and for burial of pensioners – in amount of three month pension payment.

Article 68. Housing rights of servants and pensioners of law enforcement bodies

      1. Servants shall enjoy the right to top-priority provision of living space from the state housing fund.
      2. Dwelling place, equated to corporate housing, occupied for the permanent residence by servants, being at service more than ten calendar years may be redeemed by them into ownership on depreciated cost at the wish of mentioned servants in the manner and conditions, established by the legislation of the Republic of Kazakhstan.
      3. Servants and pensioners of law enforcement bodies shall not be subject to dispossession from corporate housings without provision of other dwelling place.
      4. In case of death incident of a servant upon fulfilling official duties, a family of died person shall have the right to receipt of living space from the state housing fund no later than one year from the date of his (her) death incident on conditions and in the manner, established by the legislation of the Republic of Kazakhstan.

Article 69. Other measures of social protection of servants and pensioners of law enforcement bodies

      1. Servants shall be subject to compulsory social insurance in accordance with the legislation of the Republic of Kazakhstan.
      2. Benefits and priorities, established by the legislation of the Republic of Kazakhstan for military servants and pensioners of the Ministry of defence of the Republic of Kazakhstan shall be applied to servants and pensioners of law enforcement bodies within the ambit, established by the Government of the Republic of Kazakhstan.
      3. Servants, serving in antituberculous and other specialized infectious institutions shall enjoy the benefits, established by the legislation of the Republic of Kazakhstan for mentioned servants.
      3-1. Benefits, established by the legislation of the Republic of Kazakhstan for the category of medical workers shall be applied to servants of bodies and institutions of correctional system, serving in antituberculous institutions and other specialized stations and institutions of correctional system.
      4. Servants shall be paid by money compensation for maintenance of dwelling place and payment of public services in amount, determined by the law on republic budget.
      5. Lump sum benefits shall be paid to family members of deceased receivers of pension payments for length of service from among the servants of law enforcement bodies independently from assignment of benefit, on the occasion of loss of wage-earner: wife (husband) – in amount of three month pension payment of wage earner and for each disabled family member – in amount of monthly pension payment of wage-earner paid to him (her) on the date of death.
      Upon determination of amount of lump sum benefit, provided by this paragraph, the number of family members having the right to benefit shall include: wife (husband) independently from age and earning capacity; children not attained the age of eighteen years or over this age if they became invalids upon reaching the age of eighteen years or were students of full time course in educational institutes and don’t attain the age of twenty three years; parents being in dependence of deceased person attained the pension age established by the legislation of the Republic of Kazakhstan or being invalids.
      Footnote. Article 69, as amended by the Laws of the Republic of Kazakhstan, dated 18.01.2012 No 547-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 21.05.2013 No 93-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 23.04.2014 No 200-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 70. Medical and sanatorium-resort service of servants and pensioners of law enforcement bodies

      Servants and their family members, residing jointly with them, as well as pensioners of law enforcement bodies shall enjoy the medical and sanatorium-resort service in the relevant state public health organizations in the manner, established by the Government of the Republic of Kazakhstan.
      Servants, sustained maims (injuries, physical injuries, contused wounds) upon fulfilling the official duties shall be directed to health resort treatment at the expense of budgetary funds.

Chapter 10. VACATIONS

Article 71. Types of vacation

      1. For servants, cadets (listeners) of educational organizations of law enforcement bodies, the following types of vacations shall be established:
      1) annual vacations with pay;
      2) special vacations;
      3) educational vacations (for cadets and listeners of educational organizations of law enforcement bodies on part-time course of study);
      4) additional payable vacations for years of service and forspecial conditions of service;
      5) maternity vacations, vacations for servants, adopted newly-born child (children), vacations on child care until his (her) attainment of the age of three years without pay.
      2. Granting, extension of the vacation or transfer and recalling from vacation shall be executed by the relevant order.

Article 72. General order of calculation of the duration of vacations

      1. Duration of vacations shall be calculated in calendar days. Public holidays established by the legislation of the Republic of Kazakhstan as non-work days shall not be considered upon determining the duration of vacations. Upon declaring the day-offs as business days, these days shall be included to the annual vacation with pay in the manner, established by the Law.
      2. Upon determining the duration of vacations, time for route of servants to the place of vacation and back shall not be considered.
      3. Servants, having the right to leave may use it in parts, but no more than two parts. Time for route shall be granted only for one part of leave.
      4. Servants, dismissed from law enforcement bodies shall be granted by the payable annual vacation in the year of dismissal at their wish for the worked time in fact in this year, or for unutilized payable annual vacation in the year of dismissal they shall be paid by pecuniary compensation proportionally to served time in this year, but no more than forty calendar days.
      5. Servants directed to study in educational organization of the system of law enforcement bodies, the payable annual vacations shall be granted to departure in educational organization.
      6. Servants shall be paid by the monetary allowance for the time of payable annual, special, additional vacations, including time, granted for travelling to the place of vacation and back, in amount, received by them to the date of departure to the vacation on held office.

Article 73. Payable annual vacation

      1. Payable annual vacation shall be granted to servants with the duration of thirty calendar days with payment of benefit for health promotion in amount of two official salaries.
      2. Payable annual vacation shall be granted to a servant within calendar year in accordance with the vacation schedule.
      3. In case if servants diseased during payable annual vacation, the vacation shall be extended for the number of days of their being under treatment.
      4. Duration of payable annual vacation for servants in the year of entering into service in law enforcement bodies shall be calculated proportionally to the served time from the date of their entering into service to the end of year based on: one-twelfth part of vacation – for each full month of service. By this, the servants, having the right to leave with duration of ten calendar days and more shall be granted by time for route in excess of the vacation. Payable annual vacation with the duration of less than ten calendar days to the mentioned persons at their wish may be granted simultaneously with payable annual vacation in the next year.

Article 74. Special vacations

      1. Special vacations shall be granted to servants for solution of pressing social and living questions, as well as on other reasonable excuses for ten calendar days without consideration of time for route of servant to the place of vacation and back.
      2. Special vacation shall not be counted on account of payable annual vacation.

Article 75. Educational vacation

      1. Cadets and listeners of full-time course of study in educational organizations of law enforcement bodies, the following vacations shall be granted:
      1) winter holiday vacation – with the duration of fourteen calendar days;
      2) summer holiday vacation – with the duration of thirty calendar days;
      3) in connection with graduation of educational organization – with the duration of thirty calendar days.
      2. Cadets and listeners of educational organizations of law enforcement bodies, having educational debts shall be granted by holiday vacations after its liquidation within the terms of vacations, established by educational programs.
      3. Additional vacations, provided by the Law shall not be granted to listeners and cadets.
      4. Servants admitting to educational organizations of law enforcement bodies on full-time or part-time course of study shall be granted by educational vacations with the duration of thirty calendar days with pay for preparation and passing entrance examinations, and those admitting to other educational organizations for passing the entrance examinations – with the duration up to fifteen calendar days without pay.
      5. Servants studying in educational organizations of law enforcement bodies on part-time course of study shall be granted by educational vacations for the period of passing the exams with the duration equal to duration of examination period, but no more than forty five calendar days within one year, shall be compensated in expenses for travel by rail to the place of study and back within the Republic of Kazakhstan.
      Expenses for travel to the place of study and back during the period of holiday vacations shall be compensated to listeners (cadets) studying on full-time course in educational organizations of law enforcement (police) bodies of foreign states.
      6. On the courses of raising of qualification and retraining of personnel, the daily expenses for each day of being at study and expenses on lease of housing unit shall be compensated to servants, studying in educational organizations of law enforcement bodies of the Republic of Kazakhstan and foreign states in the manner and by the rules, established for official business trips.
      7. Servants, admitting to magistracy and doctorate of educational organization of law enforcement bodies shall be granted by educational vacations with the duration up to thirty calendar days for preparation and passing of entrance examinations, and those admitting to other educational organizations that implement professional education programs of higher education for passing of entrance examinations – with the duration up to fifteen calendar days without pay.
      8. Issues on payment for labour, scholastic travel, granting of vacations to servants, studying in other educational organizations on part-time (evening) course of study shall be regulated by the labour legislation of the Republic of Kazakhstan.
      9. Servants, admitted to educational organizations within the state order on training of public servants shall be granted by educational vacation without pay with dismissal from the held office and abandonment in the personnel of law enforcement body.
      Upon completion of study, the servant shall be granted by the office not lower than earlier held office.
      Footnote. Article 75 as amended by the Law of the Republic of Kazakhstan dated 03.07.2013 No. 124-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 76. Additional payable vacation depending on years of service and for special conditions of service

      1. Additional payable vacation depending on years of service (in calendar calculation), considered upon admission to pension shall be granted to servants:
      1) having the age in grade more than ten years - with the duration of five calendar days;
      2) having the age in grade more than fifteen years – with the duration of ten calendar days;
      3) having the age in grade more than twenty years – with the duration of fifteen calendar days.
      2. Servants, serving in high lands (on high of one thousand and five hundred metres and higher), in the places with severe and disadvantaged climatic conditions, the list of which is determined by the Government of the Republic of Kazakhstan, the payable annual vacation shall be granted with the duration of forty five calendar days independently from the years of service.
      3. Servants, serving in regions, declared by the legislation of the Republic of Kazakhstan as zones of ecological catastrophe, in antituberculous organizations and public health organizations, carrying out the activity in the sphere of prevention of HIV/AIDS, shall have the right to annual additional vacations, the duration and procedure for granting of which shall be determined in accordance with the legislation of the Republic of Kazakhstan.
      4. Additional payable vacation for special nature of service shall be granted with the duration up to ten calendar days, shall be summed up with payable annual vacation and may be granted simultaneously with it or separately at the wish of a servant, by this, the general permanent duration of additional and regular vacations shall not exceed fifty five calendar days.
      5. Servants having the right to additional vacations for fulfilling the obligations in harmful conditions and for special nature of service, the additional vacation shall be granted at their choice only by one ground.

Article 77. Maternity vacations, vacations to servants, adopted newly-born child (children), vacations on child care until his (her) attainment of the age of three years without pay

      1. Maternity vacations, vacations to servants, adopted newly-born child (children), vacations on child care until his (her) attainment of the age of three years without pay shall be granted to servants in excess of the payable annual vacation.
      2. Duration, conditions of granting and payment of maternity vacations, vacations to servants, adopted newly-born child (children), vacation on child care until his (her) attainment of the age of three years without pay shall be established in the manner, determined by the legislation of the Republic of Kazakhstan.
      3. A servant for the period of being on vacation without pay on child care until his (her) attainment of the age of three years shall be admitted in the possession of the relevant body or institution. For the time of leave on child care until his (her) attainment of the age of three years, the servant shall preserve the place of work (office).

Article 78. Recalling from leave

      1. Payable annual leave may be interrupted in case of extreme necessity of the service on the basis of written order of the head of law enforcement body or authorized head and only with the written agreement of a servant. By this, the unutilized part of leave shall be granted in current year or next year.
      2. If unutilized part of leave is ten calendar days and more, the servants shall be granted by time for route in excess of leave.
      3. At the wish of a servant, the unutilized part of leave may be included to the payable annual leave for the next year.
      Footnote. Article 78 as amended by the Law of the Republic of Kazakhstan dated 21.05.2013 No. 93-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Chapter 11. TERMINATION OF SERVICE IN LAW ENFORCEMENT BODIES

Article 79. Grounds for termination of service in law enforcement bodies

      Grounds for termination of service in law enforcement bodies shall be:
      1) dismissal in the manner, established by the Law;
      2) death (death incident) or declaring decedent of a servant of law enforcement body in accordance with the court decision, entered in legal force;
      3) recognition of a servant as missing or incapable, partially capable in the manner, established by the Law.

Article 80. Grounds for dismissal

      1. Servants shall be dismissed according to the following grounds:
      1) on years of service (period of service) and attainment of retirement age of being at service, granting the right to pension;
      2) on attainment of retirement age of being at service;
      3) on health condition – on the ground of expertise of military physician board on unsuitability or partially suitability to service;
      4) due to staff reduction or reorganization of law enforcement body in case of impossibility to use in other office;
      5) at own wish;
      6) due to transfer of work in other state bodies and organizations in the established manner;
      7) due to dissolution or expiration of the contract;
      8) in case of refuse from the following service due to change of labour conditions;
      9) according to incompetency, discovered following the results of attestation;
      10) in case of discovered unsuitability to service within probation period;
      11) due to loss of citizenship of the Republic of Kazakhstan;
      12) for gross violation of official discipline;
      Note of RCLI!
      Subparagraph 12-1) 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).
      12-1) for non-taking the measures on non-admission of concealment of crimes from recording by the head of territorial law enforcement body;
      13) for commitment of infraction discrediting the law enforcement body;
      14) due to commitment of corruptive infraction;
      Note of RCLI!
      Subparagraph 15) 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).
      15) enforcement of condemnatory judgement of court or termination of criminal case on the non-rehabilitating grounds;
      16) for non-presentation or misrepresentation of information, mentioned in paragraph 2 of Article 6 of the Law;
      17) due to refuse from holding the proposed office and expiration of being in the possession of law enforcement body.
      2. Infractions, discrediting the law enforcement body shall be the actions, as well as not linked with fulfillment of official duties, but clearly undermining dignity and prestige in the eyes of citizens of law enforcement service, as follows: appearance of servants in public places under the influence of alcohol or drug intoxication (obvious for wider public of belonging to law enforcement body); disclosure of information of operational nature, inflicted harm for inquest; use of official position in personal purposes with a mercenary motive; relations with servants, listeners and cadets of educational organizations of law enforcement bodies not according to the charter, bringing negative public attention.
      Note of RCLI!
      Paragraph 2 is provided to supplement by the second paragraph in accordance with the Law of the Republic of Kazakhstan, dated 04.07.2014 No 233-V (shall be enforced from 01.01.2015).
      3. Grounds for dismissal of servants, provided by subparagraphs 12) – 16) of paragraph 1 of the Article shall be recognized as negative motives.
      Footnote. Article 80 as amended by the Laws of the Republic of Kazakhstan dated 09.11.2011 No. 490-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 21.05.2013 No. 93-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 81. Procedure and conditions of dismissal

      1. Dismissal from service of servants shall be performed by civil servants that are afforded by the right to admission and appointment of servants to these offices.
      2. Servants, terminated the service in law enforcement bodies shall be excluded from personnel of law enforcement bodies in the manner, determined by the head of law enforcement body.
      3. Servants shall be dismissed to reserve with registering, if dismissed persons don’t attain retirement age, established by the legislation of the Republic of Kazakhstan for being in reserve of persons, able for military service.
      4. Servants, dismissed from service, as well as cadets and listeners, expelled from educational organizations of law enforcement bodies shall return service certificate. Servants, retired on a pension shall be issued by certificate of the pensioner of law enforcement bodies.
      5. Servants, dismissed from the service at his (her) own wish shall notify the immediate head on their adopted decision no later than one month before the planned date of dismissal, about which they shall report in written.
      6. Servants, dismissed from the service on the grounds, provided by subparagraphs 1), 2), 4) of paragraph 1 of Article 80 of the Law shall be notified about this no later than one month before dismissal.
      7. Lump sum benefit shall be paid to servants, dismissed from service (with the exception of customs service) in the following manner and amounts:
      having a length of service less than ten calendar years and dismissed according to health condition, due to personnel reduction – three-month financial allowance;
      having a length of service more than ten calendar years and dismissed upon reaching the age of retirement of being at service, according to health condition and due to personnel reduction:
      from ten to fifteen years – four month financial allowance;
      from fifteen to twenty years – five month financial allowance;
      from twenty to twenty five years – six month financial allowance;
      from twenty five to thirty years – seven month financial allowance;
      over thirty years – eight month financial allowance.
      8. For determination of lump sum benefit amount, the years of service for assignment of pension payment for years of service in calendar calculation shall be accepted.
      Lump sum benefit shall be calculated proceeding from official salary, paid according to the last full-time office, supplemental payments for special rank or class rank on a date of dismissal from service.
      Upon dismissal of a servant of law enforcement body after repeated (the following) admission at service into law enforcement bodies, upon determination of amount of lump-sum benefit, the period of service for which the payment of lump-sum benefit (retirement pay) was not made, shall be accepted.
      9. Upon dismissal without the right to pension payment for years of service along with payment of lump-sum benefits within one year from the date of dismissal from service, the payments supplemental payments for special ranks, class ranks shall be preserved for persons of secondary, senior, superior commanding personnel of law enforcement bodies (with the exception of customs service), dismissed from service upon attainment of retirement age of being at service, according to health condition or due to personnel reduction. Payments shall be carried out by financial subdivision of law enforcement body according to the last duty area of a servant.
      By this, if supplemental payments for special ranks, class ranks for persons of commanding personnel of law enforcement bodies being at service are increased within mentioned period, as well as the amounts of these supplementary payments paid to persons of secondary, senior and superior commanding personnel of law enforcement bodies (with the exception of customs service) dismissed without the right to pension payments for length of service, shall be increased respectively.
      Footnote. Article 81 as amended by the Law of the Republic of Kazakhstan, dated 23.04.2014 No 200-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 82. Retirement age of service in law enforcement bodies

      1. Persons may serve in law enforcement bodies before attainment of the following retirement age:
      1) major, junior council – forty eight years;
      2) half colonel, councils – fifty years;
      3) colonel, senior councils – fifty five years;
      4) persons of superior commanding personnel – sixty years.
      2. Servants, having high professional training, work experience on the held office and able on health condition for service, the period of service shall be extended from one to five years with their agreement by the head of law enforcement body or authorized head that is afforded by the right of appointment to offices.
      In exceptional cases, this term may be extended repeatedly for servants from one to five years in the same manner, and several of them having the academic degrees or ranks – from five to ten years under decision of the head of law enforcement body or authorized head, having the right of appointment to the relevant offices.
      Decision on extension of the term of staying at service shall not exclude the possibility of dismissal of a servant from law enforcement bodies on the grounds, provided by the Law.
      3. A servant of prosecution bodies, attained the retirement age of being at service, able on health condition for service shall have the right to continue the service upon attainment of the pension age, established by the Law of the Republic of Kazakhstan “On pension benefits in the Republic of Kazakhstan” under decision of the General Prosecutor of the Republic of Kazakhstan or authorized head.
      By this, the decision on extension of the term of staying at service upon attainment of the pension age shall not exclude the possibility of dismissal of a servant from the prosecution bodies on the grounds, provided by the Law.
      Footnote. Article 82 is in the wording of the Law of the Republic of Kazakhstan dated 21.05.2013 No. 93-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Chapter 12. FINAL PROVISIONS

Article 83. Financial and logistical support of law enforcement bodies

      Financial and logistical support of law enforcement bodies shall be carried out at the expense of funds of state budgetary in the manner, provided by the legislative acts of the Republic of Kazakhstan.

Article 84. Transitional provisions

      For servants awarded by special ranks, class ranks before enforcement of the Law, the terms of service in these special ranks, class ranks shall be calculated in accordance with the legislation, being in effect before enforcement of the Law.
      Effect of the chapter 9 of the Law in the part of pension benefits, preferential tax treatment, payment of monetary allowance during their temporary disability, pecuniary compensation for the maintenance of dwelling place and payment of public services shall not apply to servants of customs bodies, and shall apply to prosecution bodies from 1 January, 2012.
      Force of Articles 6, 7, 8, 10, 11, 12, 13, 14, 15, 16, 17, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 32, 38, 39, 40, 41, 42, 46, 47, 48, 49, 50, 51, 52, 53, 55, 56, 57, 58, 59, subparagraphs 1), 5) and 6) of paragraph 1, paragraph 2 of Article 60, subparagraphs 2) and 7) of paragraph 1, paragraph 2 of Article 61, Articles 62, 63, 64, 65, 66, 67, paragraphs 1,2, 4 and 5 of Article 69, Articles 70, 71, paragraphs 1, 2, 3, 4 and 6 of Article 72, Articles 73, 74, paragraphs 4, 5, 6, 7, 8 and 9 of Article 75, Articles 76, 77, 78, 79, 80 (with the exception of subparagraph 12-1) of paragraph 1), Articles 81 and 82 of the Law shall apply to servants of the state dispatch service of the Republic of Kazakhstan from the date of enforcement of the Law.
      Force of Article 59, subparagraphs 1), 5) and 6) of paragraph 1, paragraph 2 of Article 60, subparagraphs 2) and 7) of paragraph 1, paragraph 2 of Article 61 and Article 62 of the Law shall apply to servants of the state dispatch service of the Republic of Kazakhstan due to their fulfillment of official duties on carrying out of governmental courier service with ensuring of protection of state secrets.
      Footnote. Article 84, as amended by the Law of the Republic of Kazakhstan, dated 23.04.2014 No 200-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 85. Procedure for enforcement of the Law

      The Law shall enter into force upon expiry of ten calendar days after its first official publication.

      The President
      of the Republic of Kazakhstan              N. Nazarbayev