On special state bodies of the Republic of Kazakhstan

Law of the Republic of Kazakhstan, dated 13 February 2012 No. 552-IV

Unofficial translation

      This Law defines the status of special state bodies of the Republic of Kazakhstan (hereinafter - special state bodies), regulates social relations, associated with entry on duty in special state bodies, service career and cessation of employment, as well as defines the legal status, material ensuring and social protection of employees of the special state bodies.

Chapter 1. GENERAL PROVISIONS

Article 1. Basic definitions, used in this Law

      The following basic definitions shall be used in this Law:
      1) postgraduate and doctoral students – employees, studying at higher special military education institutions in post-graduate programs of education;
      2) special assessment - actions on service and combat training of employees of special state bodies;
      3) a special rank - ice of dedicated discrimination, assigned to the employee;
      4) a special uniform - clothing (uniforms) and insignia, established by the legislation of the Republic of Kazakhstan, that define the identity of staff to the national security, the authorized body in the field of foreign intelligence service, the security service of the President of the Republic of Kazakhstan;
      5) employees of the special state body (hereinafter – employees) - citizens of the Republic of Kazakhstan, in the service in national security bodies, the authorized body in the field of the foreign intelligence service, the security service of the President of the Republic of Kazakhstan, that was awarded a special rank;
      6) service in special state bodies - a special type of state service on positions in national security bodies, the authorized body in the field of the foreign intelligence service, the security service of the President of the Republic of Kazakhstan;
      7) special account of special state bodies - the system of accounting and analysis of the staff employees;
      8) accounting of reserve officers of special state bodies - the system of accounting and analysis of quantitative and of special state bodies;
      9) reserve of special state bodies (hereinafter - reserve) – employees, dismissed from service (except fired on negative motives) and consisting on the account of reserve officers of special state bodies in the territorial bodies of national security and the authorized body in the field of foreign intelligence, designed to completion, mobilization deployment and make up for losses of special state bodies;
      10) higher certifying commission - a permanent supreme consultative and advisory body, examining the conclusions and recommendations of certification of officers of the governing, according to the list determined by the first heads of special state bodies on accordance to their respective positions and prospects of their further the most appropriate official use, presented in the procedure of appeal against certification of employees, who disagree with the conclusions and recommendations of the evaluation committees, as well as certifications submitted for review to the higher certifying commission at the direction of the first head of the special state body;
      11) cadets - the employees, enrolled in the programs of higher and additional education higher special military education institutions, including of foreign states;
      12) existing reserve – service career in a specific order to perform specific operational tasks;
      13) contract on service career (hereinafter - the contract) – a contract, stipulating the rights, obligations and responsibility of parties;
      14) resignation – a dismissal from service in special state bodies or exclusion from the register of reserve officers of special state bodies, who have reached the maximum age limit in reserve, or persons recognized as unfit for service in special state bodies with the exception of registration of reserve officers of special state bodies;
      15) polygraph examination – the procedure of the survey, that consists in registration with the help of special sensors of individual physiological reactions (breathing, heart rate, skin resistance, and so on);
      16) psycho-physiological examination - a set of measures aimed at a comprehensive assessment of individual-psychological and psycho-physiological properties of candidates for the service, staff and servicemen of the special state bodies;
      17) an authorized administrator – officer, who has been granted the right to issue orders for conclusion of a contract, the appointment, transfer, release, dismissal of employees, and to assign special ranks (orders on staff) in accordance with the procedure provided by this Law;
      18) staffing measures - activities of the special state bodies on creation, liquidation, relocation, recast, re-subordination, growth and retrenchment of the staff.

Article 2. Legal basis of the activity of special state bodies

      1. The legal basis of the activities of special state bodies shall be the Constitution of the Republic of Kazakhstan, this Law, laws of the Republic of Kazakhstan, regulating the activity of special state bodies, and other regulatory legal acts of the Republic of Kazakhstan.
      2. If an international treaty ratified by the Republic of Kazakhstan establishes different rules than those contained in this Law, the rules of an indicated treaty shall be applied.

Article 3. Special state bodies

      1. Special state bodies – shall be directly subordinated and accountable to the President of the Republic of Kazakhstan state bodies, that are a part of forces of the national security of the Republic of Kazakhstan, shall carry out intelligence and counter-intelligence activity, as well as complex of legal, organizational, operational-investigative and technical measures aimed at ensuring the safety of protected persons and objects, in order to prevent threats to the national security of the Republic of Kazakhstan.
      2. The special state bodies shall be bodies of national security, an authorized body in the field of foreign intelligence, security service of the President of the Republic of Kazakhstan.

Article 4. Main tasks of special state bodies

      The main tasks shall be entrusted to the special state bodies by Law and acts of the President of the Republic of Kazakhstan.

Article 5. Principles of activity of special state bodies

      1. Activities of special state bodies shall be based on the principles of public service in the Republic of Kazakhstan, as well as:
      1) mandatory protection of rights and freedoms of man and citizen, interests of society and the state against illegal encroachments;
      2) unity of approaches to the organization of service in special state bodies;
      3) unity of command and subordination (submissiveness);
      4) combination of overt and covert methods and means of activity;
      5) independence from the activities of political parties and other public associations;
      6) privacy and secrecy.

Article 6. Scope of this Law

      Scope of this Law shall apply to all employees.
      Soldiers of special state bodies shall serve in accordance with the legislation of the Republic of Kazakhstan on military service, taking into account the particularities provided by Articles 7, 15-19, 22, 24, 29-37, Chapters 5, 6 and 9 of this Law.
      Scope of this Law shall apply to political civil servants in the part not contradicting to the legislation of the Republic of Kazakhstan on public service.
      Footnote. Article 6 as amended by the Law of the Republic of Kazakhstan dated 16.01.2013 No. 71-V (shall be enforced from 01.01.2013).

Chapter 2. Entry on duty in special state bodies

Article 7. Conditions of induction

      1. Citizens of the Republic of Kazakhstan, who has reached the age of eighteen, but no older than the age limit for the titles provided by this Law, with the necessary personal, moral and professional qualities, level of education, state of health and physical development shall be inducted on a voluntary basis to the service in the special state bodies.
      To the service in the operational and equivalent to them units shall be inducted citizens (except for cadets of special (military) educational institutions) not younger than 23 years.
      The assignment of units to the operational and equated to them units shall be established by first heads of special state bodies.
      2. To the service cannot be inducted a person:
      1) recognized in accordance with the procedure provided by the Law of the Republic of Kazakhstan as incapable or partially capable;
      2) in accordance with the conclusion of the military-medical commission as having a disease, hindering the exercise of official authority;
      3) refused to accept the restrictions established by the Law of the Republic of Kazakhstan, in order to prevent actions that may lead to the use of its status and based on it the authority in personal, group, and other non-work interests;
      4) within three years before entering on duty has been brought to disciplinary responsibility for committing corruption offences;
      5) on whom during the year, before entering on duty has been imposed in the judicial order administrative punishment for a premeditated offence;
      6) on that within three years before the entry on duty for committing corruption offences has been imposed in the judicial order administrative punishment;
      7) who has committed a corruption offence;
      8) dismissed from work (service) for the commission of a corruption offence;
      9) previously convicted or released from the criminal liability on non-exculpatory grounds, but also fired on negative motives from state service of other special state bodies, law enforcement bodies, courts and justice authorities;
      10) failed special inspection and (or) provide false information about itself, spouse and their close relatives (parents, children, adopters, adoptees, full and half brothers and sisters, grandparents, grandchildren);
      11) close relatives (parents, children, adoptive parents, adopted children, full and half brothers and sisters, grandparents, grandchildren) and spouse, who have committed grave and particularly grave crimes;
      12) failed physiological or medical examination in the military-medical commissions or polygraph examination to determine suitability for service.
      Special state body shall be entitled to not to explain to the applicant established the reason of refusal in employment.
      3. Citizens that inducted in special state bodies shall be required to undergo psycho-physiological and medical examination in the military-medical commissions, as well as a polygraph examination to determine suitability for service.
      4. Upon entry on duty in a special state body, a person and his family members (spouse, adult children and persons dependent on him and permanently residing with him) shall be obliged to submit information on submission of declaration on incomes and property in accordance with the Law of the Republic of Kazakhstan "On fighting corruption".

Article 8. Selection and induction of candidates

      1. Selection of candidates, to be credited to the service in a special state bodies, their checking shall be carried out by personnel office and other subdivisions of special state bodies.
      Organization, procedure and methodology for conducting activities on the selection and induction of candidates to the service shall be defined by the first heads of special state bodies.
      2. The list of necessary documents, the procedure of their registration, as well as the timing of test shall be defined by the first heads of special state bodies.
      3. A candidate for the service shall be obliged to comply with the established by the first head of the relevant special state body requirements by level of education, work experience, physical training and health condition.
      4. Medical examination of the candidate shall be carried out in accordance with the legislation of the Republic of Kazakhstan.
      5. Measures of professional and psychological selection shall be conducted by the specialists of psycho-social support. At that time the compliance of individual, personal and professional characteristics of the candidate to the requirements of the activity in the special state bodies shall be determined.
      6. Documents of a candidate, corresponding to established requirements for the entry on duty under the contract, structural, territorial and other divisions shall be directed to the appropriate special state body for evaluation.
      A candidate may be invited to the corresponding special state body to check on professional suitability in case of necessity.
      7. Induction in special state bodies shall be carried out on a competitive basis, as a rule.
      The list of positions that are replaced on a competitive basis shall be determined by the first heads of special state bodies.
      8. The candidacy of a citizen, arrived to participate in the contest, shall be considered by the competitive commission, procedure of formation and work of which is determined by the first head of the special state body.
      The decision of the competition commission shall be issued by a protocol.
      9. An authorized administrator upon receipt of a positive conclusion of the competitive commission shall conclude a contract with the candidate, shall prepare the necessary materials and send them to the relevant special state body for the edition of the order on staff.
      10. Responsible special state body, after receiving the documents on the results of the contest within two months shall issue an order for personnel in relation to selected candidates about their appointment to posts.
      11. The induction of officers in the special state bodies shall be documented by the orders of the heads of special state bodies.
      12. The officials, who took on the position the citizens that have not passed the competitive selection, shall be brought to disciplinary liability in accordance with the procedure provided by this Law.
      13. Persons, entering on duty in the special state bodies shall take fixed in written form limits provided by this Law, other laws of the Republic of Kazakhstan.
      14. Reservist that has been appointed on positions of employees or included into the staff of the special state agencies, including the cadets special (military) educational institutions, shall be removed from the military registration in accordance with the provided procedure and shall be placed on the special account of special state bodies, the procedure of that is determined by the first heads of special state bodies.

Article 9. Contract on service career

      1. The contract on service career shall be concluded with a citizen of the Republic of Kazakhstan and the authorized official.
      2. The contract shall be concluded on voluntarily basis, in written form between two parties in accordance with the legislation of the Republic of Kazakhstan and shall be terminated:
      1) upon expiration of the time-limit;
      2) in connection with the early dismissal of an employee;
      3) from the day of conclusion of an employee of another contract on service career;
      4) in other cases provided by laws of the Republic of Kazakhstan.
      3. The contract on service career shall establish voluntary entry on duty of a citizen, the period, when a citizen is obliged to serve, and other conditions of a contract.
      4. Conditions of the contract on service career shall include obligation of a citizen to serve in the special state bodies during the period specified in the contract. In conditions of the contract shall be contained provisions that ensure the observance of his rights, including benefits, guarantees and compensations provided by the legislation of the Republic of Kazakhstan.
      5. The staff appointed to position by the President of the Republic of Kazakhstan, shall serve in the respective positions without conclusion of the contract on service career.
      After the liberation of specified workers from the position they shall conclude a new contract on service career or retire from service.
      6. Form of the contract, the procedure of its conclusion, renewal, alteration, cancellation and termination shall be defined by this Law and regulatory legal acts of special state bodies.
      7. The contract on service career may be concluded for the period of three years, five, ten years before reaching the age limit of service or for the period of training in special (military) institution and ten years of service in a calendar year after graduation.

Article 10. Entry to study in special (military) institutions of special state bodies

      1. The citizens having secondary education, not taking place military service, achieving seventeen years old in the entry year, but no older than twenty-one years, as well as having passed timed military service and military men, passing timed military service and (or) military service under the contract, or service in the special state bodies until getting twenty-four years in the entry year shall be entitled to enter special (military) education institutions.
      2. The procedure of admission to the special (military) educational institution shall be determined by the head of the special state body in accordance with the standard rules of admission for training in organization of education, that provide general curriculum of the corresponding level.
      3. The beginning of the fulfillment of official duties of the trainee shall be the date of acceptance in a special (military) educational institution.
      4. The citizens that have not passed the military service, upon admission to the special (military) educational institutions shall acquire the status of employees and shall contract on service career after attaining the age of eighteen, but not earlier than ending of the first training course in special (military) educational institution.
      5. Staff upon enrolment to the special (educational) institutions shall conclude a new contract on service career.
      6. Citizens, who have passed military service, as well as passing or have passed military service on an appeal, upon enrolment in special (military) educational institutions shall conclude a contract on service career from the date of issuance of the order on enrollment.
      7. Citizens, who have been admitted to study in special (military) educational institutions of special state bodies, shall conclude a contract for a period of training in organization of education and at the same time on service career in the special state bodies for ten years in a calendar year after graduation from special (military) educational institutions on positions of employees.
      8. The contract shall establish mutual obligations and responsibility of the parties (citizen, entering institution, and officers of a special body) and shall provide terms and conditions of the further service career in the special state bodies after graduation from special (military) educational institutions.
      9. Employees, who have refused to conclude a contract on service career in accordance with the procedure provided by this Law, shall be excluded from the special (military) educational institutions.
      10. Time of the training of staff in military and special educational institutions shall be equal to the term of timed military service career.
      The employees, dismissed from the special (military) educational institutions, and also refused to conclude a contract on service career, if they have not served established term of military service on an appeal, they should be sent to military registration by place of residence and later shall be recruited for military service on common grounds.
      Provided that the workers, expelled from special (military) educational institutions for academic failure or negative motives, shall be obliged to compensate to the state budget funds, spent on their education.
      The amount of the expenditures of training shall be determined by the contract on service.
      11. In case of refusal of the employee to serve upon graduation from special (military) educational institutions and dismissal from service on the grounds provided by subparagraphs 4) - 7), 11), 12), 13) of paragraph 1 of Article 49 of this Law, shall be obliged to compensate to the state budget funds spent on his training.

Article 11. Requirements for replacement of posts of employees

      To the positions of employees shall be assigned the citizens of the Republic of Kazakhstan, with appropriate post-secondary, higher education, depending on the qualifying requirements to categories of posts of special state body, approved by the first head of the special state body.

Article 12. Retraining for new entrants to the service

      1. The persons, enlisted in the operational units of special state bodies, shall retrain in special (military) educational institutions of special state bodies.
      2. The procedure and conditions for retraining shall be determined by the first head of the special state body.

Article 13. Adjuring of employees

      1. Shall swear the oath:
      1) persons, who have entered on service in special state bodies previously not taken the military oath or oath of office of the employee;
      2) cadets of special (military) educational institutions, previously not taken the military oath or oath of office of the employee;
      3) officials of the special state bodies, previously, for any reason not sworn the oath of allegiance or oath of office of the employee.
      2. The text of the oath of employees and the procedure for its adjuring shall be approved by the President of the Republic of Kazakhstan.
      3. The responsibility for timely taking the oath by the employees, organization and accounting of its adoption shall be imposed on managers of departments and the staff of special state bodies.

Article 14. Professional adaptation of persons entered on duty in special state bodies

      1. Persons, who have entered on duty in special state bodies shall adapt to the operational activities of the units.
      2. Work on adaptation shall be carried out with the aim of familiarizing employees to the requirements of his position, fulfilling its responsibilities proficient, the efficient formation of necessary professional skills and mastering of values and norms of corporate culture of the special state bodies.
      3. The work on professional adaptation of employees shall be conducted on a scheduled basis and shall consist of a complex of development activities, including mentoring.
      The procedure of organization of work on adaptation of employees shall be determined by the first head of the special state body.

Chapter 3. The legal status of employees

Article 15. The status of employees and their legal guarantees

      1. Employees shall be representatives of the state power and shall be under state protection.
      The citizen shall acquire status of employees from the date of entry on duty, and lose it from the day of exception from lists of personnel of special state body in connection with the dismissal from service.
      2. The requirements of employees, provided by the legislative acts of the Republic of Kazakhstan (hereinafter - legal requirements), shall be mandatory for execution by all citizens and officials.
      3. Employees upon performing their duties shall abide only to the head of special state body, immediate and competent managers, with the exception of cases provided by the Laws of the Republic of Kazakhstan.
      4. No one shall be entitled to interfere in the activities of employees, except those expressly authorized by the Laws of the Republic of Kazakhstan. Illegal interference in the activity of employees shall entail the responsibility provided by the Laws of the Republic of Kazakhstan.
      5. Upon receiving orders or instructions, contradicting to the Laws of the Republic of Kazakhstan, the employee shall be obliged to be guided by the Laws of the Republic of Kazakhstan.
      Managers shall be prohibited to give orders and instructions that are unrelated to the performance of duties of service, or aimed at violation of the legislation of the Republic of Kazakhstan.
      Orders shall be given only in written form, except hostilities, performing tasks in the conditions of state of emergency, and also carrying out of special investigation activities.
      6. Employees shall be entitled to appeal decisions and actions, taken in relation to them to superior officials and (or) in court.

Article 16. Execution of duties

      Employees shall be regarded as executing obligations of service in cases:
      1) execution of official duties;
      2) participation in combat tasks in the conditions of a state of emergency or martial law, as well as in armed conflict;
      3) participation in peacekeeping operations in support of peace and security;
      4) participation in liquidation of consequences of emergency situations of natural and technogenic character;
      5) participation in exercises;
      6) finding on-site service facilities and other locations within the set schedule duty time or at another time if this is official necessity;
      7) a finding on business trip;
      8) finding on service, following to a place of service and back;
      9) stay on the treatment or medical examination (certification), following to a place of treatment or medical examination (certification) and back;
      10) passing a special fees;
      11) be in captivity, in the position of hostages or internee;
      12) protection of life, health of the individual;
      13) assist to the special state bodies and law-enforcement bodies for the protection of the rights and freedoms of man and citizen, protection of public order and public safety;
      14) taking any other action, recognized by the court as committed in the interests of personality, society and state.

Article 17. Rights of employees, connected with service career

      1. Employees shall be entitled to:
      1) obtain in the provided procedure information and materials necessary for the execution of official duties;
      2) familiarization with documents, defining their rights and official duties;
      3) access in the established procedure in connection with the performance of official duties in state bodies, organizations regardless of their organizational-legal form;
      4) access in the provided procedure to the information constituting state secrets and other secrets protected by law, if the performance of official duties is connected with the use of such information;
      5) promotion taking into account results of official activity, length of service and qualifications;
      6) familiarization with feedback on their official activity and other documents prior to adding to personal business, materials of personal business, and also introduction of the personal record of their written explanations and other documents and materials;
      7) professional retraining, skill improvement and probation in the procedure provided by this Law and other regulatory legal acts of the Republic of Kazakhstan.
      8) 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;
      9) protection of personal data of the employee and his family members;
      an appeal to the superior in subordination officials, to higher authorities or in court to protect their rights and legal interests, as well as for solving individual disputes relating to the service career;
      10) medical care and sanatorium-resort therapy;
      11) pension provision and social protection;
      12) housing;
      13) appropriate organizational-technical and sanitary conditions of service taking into account service particularities;
      14) rest in accordance with this Law and labor legislation of the Republic of Kazakhstan;
      15) implementation of teaching, scientific or other creative work.
      2. Employees in accordance with the assigned to them tasks within the scope of their competence, shall be provided other rights provided by the Laws of the Republic of Kazakhstan, regulating activities of the special state bodies.

Article 18. Obligations of employees, connected with service career

      1. Employees shall be obliged to:
      1) observe the Constitution and the legislation of the Republic of Kazakhstan;
      2) ensure the observance and protection of rights and freedoms of man and citizen, as well as the legal interests of individuals and legal entities of the state;
      3) exercise powers within the scope their rights in accordance with official duties;
      4) comply with official and labor discipline;
      5) accept the restrictions provided by the Laws of the Republic of Kazakhstan;
      6) observe the norms of professional ethics provided by the legislation of the Republic of Kazakhstan;
      7) comply with the lawful orders and instructions of the heads, decisions and instructions of superior bodies and officials issued within the scope of their powers;
      8) keep the state secrets and other secrets protected by law, including after-service within the time fixed by the law, on which a subscription is given;
      9) keep secret obtained upon performance of official duties, the information concerning private life, honor and dignity of citizens, and not to demand from them in providing such information, except for cases provided by the Law;
      10) ensure the safety of state property;
      11) submit a report in written form and without delay inform the immediate and authorized managers in cases of overlap of personal interests of the employee or conflict with their powers;
      12) improve their professional skills and qualifications;
      13) avoid public speaking, harming the interests of the service;
      14) inform the immediate manager on the application for renunciation of citizenship of the Republic of Kazakhstan on the day of its submission;
      15) maintain the necessary level of professional and legal knowledge, physical, special and combat training.
      2. In accordance with the special state bodies tasks the employees within the scope of their competence shall be established other duties provided by Laws of the Republic of Kazakhstan, regulating the activity of the special state bodies, and other legislation of the Republic of Kazakhstan.

Article 19. Restrictions, connected with duties of employees

      1. Employee shall not be entitled to:
      1) be a deputy of representative bodies and be a member of local authorities, belong to political parties, professional unions, advocate any political party, create the system of special state bodies, public associations pursuing political goals, based on their common professional interests to represent and protect the employment and other socio-economic rights and interests of their members and improving working conditions;
      2) engage in other paid activities except for pedagogical, scientific and other creative activities, except the cases, when it is his official duties in accordance with the legislation of the Republic of Kazakhstan;
      3) engage in entrepreneurial activity, enter governing body or a supervisory board of a commercial organization, except for cases, when it is his official duties in accordance with the legislation of the Republic of Kazakhstan;
      4) be the representative on affairs of third parties, except for cases provided by the Laws of the Republic of Kazakhstan;
      5) use in the non-service purposes means of logistical, financial and information support of his official activity, other state property and service information;
      6) participate in the action, preventing the normal functioning of state bodies and execution of official duties, including strikes;
      7) in connection with execution of official powers to use for personal purposes service of individuals and legal entities;
      8) use their official position with a mercenary motive, including by means of agreements with official and other persons;
      9) take the position that are in direct subordination of positions, held by his close relatives (parents, children, adoptive parents, adopted children, full and half brothers and sisters, grandfathers, grandmothers, grandchildren) or spouse (wife);
      10) refuse or avoidance passing in the direction of an authorized manager of the medical examination in specialized medical institutions (narcological dispensaries) on the subject of use, including episodic, substances that cause the condition of alcoholic, narcotic, psychotropic, toxic intoxication (or their equivalents).
      Denial and avoidance from passing examination shall entail dismissal from the service in special state bodies.
      2. An employee in accordance with the procedure provided by the legislation of the Republic of Kazakhstan within one month after entering on duty shall be obliged at the time of service to transfer in trust management the shares in his ownership (equity stake in charter capital) of commercial organizations and other property the use of which leads to the generation of income, with the exception of money, bonds, shares of the open and interval mutual investment funds, legally owned by him, as well as other property, transferred in property lease. The contract of entrusted management of property shall be subjected to notarial certification.
      An employee shall be entitled to receive the income from the transferred in entrusted management of the property, including in the form of royalties, dividends, gains, income from the lease of property and other legal sources.
      3. Responsibility for failure to comply with the restrictions provided by this Article shall be established by this Law and other Laws of the Republic of Kazakhstan.

Article 20. The emergence and alteration of legal relations in the service during the period of martial law

      Peculiarities of the emergence and alteration of legal relations in the service of special state bodies and its continuation during the period of martial law shall be determined by the President of the Republic of Kazakhstan.

Article 21. Responsibility of employees

      1. For non-performance or improper performance of their official duties, employees shall bear criminal, administrative, civil, disciplinary responsibility in accordance with the Laws of the Republic of Kazakhstan.
      2. The implementation of obviously illegal order or instructions shall not discharge the employee from liability.
      Upon uncertainty about the legality of the order, received for execution, he shall be obliged immediately to notify in written form to the immediate supervisor and to the manager that gave the order. In case if the superior manager confirms in written form the order, the employee shall be obliged to carry it out, with the condition that its implementation shall not lead to actions that relate to criminal acts. Responsibility for the consequences of execution by the employee of illegal orders shall bear manager that confirmed this order.
      3. Actions (inaction) of employees may be appealed against in accordance with the procedure provided by the legislation of the Republic of Kazakhstan.
      4. An employee shall bear material responsibility in accordance with the Laws of the Republic of Kazakhstan for the material damage of special state body, caused by his illegal actions.

Article 22. Service certificates and identification tags of employees

      1. Employees in confirmation of their identity and authority shall be given service certificates and identification tags.
      The procedure for issuance and use of certificates and identification tags shall be defined by the first head of the special state body.
      2. Description of service certificates and samples of identification tags shall be approved by the first head of the special state body.
      3. Service certificate shall be a document confirming the person's belonging to a special state body, his position, and special or military rank.
      Service certificates and identification tags shall have the necessary level of protection.
      Service certificate of the employee shall confirm his right to carry and keep weapons, special means, and other powers granted to the employee in accordance with the Laws of the Republic of Kazakhstan.

Article 23. Special uniform of employees

      1. Employees, who have been assigned special ranks, at the expense of the budget funds shall be provided with a special uniform.
      2. Types and description of special forms of uniform shall be determined by the President of the Republic of Kazakhstan. Standards of ensuring of special form of clothes of employees shall be determined by the Government of the Republic of Kazakhstan. The order of wearing special uniforms of the employees shall be defined by the first heads of special state bodies.

Chapter 4. Service career

Article 24. Staff composition

      1. Staff composition of special state bodies shall be employees, military men and workers.
      2. Employees and soldiers may serve in the special state bodies in regular posts in the current reserves, as well as dwell in the reserve.
      Procedure of enrollment of employees and military personnel in active reserve and their service career shall be determined by the first heads of special state bodies.
      Working conditions of employees of special state bodies shall be regulated by labor legislation of the Republic of Kazakhstan and legislation of the Republic of Kazakhstan on public service.

Article 25. Staff

      Employees shall be divided into:
      1) common soldier;
      2) non-commissioned officers;
      3) officers.

Article 26. Special ranks

      1. The following special ranks shall be established in a special state bodies:
      1) rank and file:
      common soldier;
      2) composition of sergeants:
      junior sergeant;
      sergeant;
      senior sergeant;
      3) composition of junior officers:
      lieutenant;
      senior lieutenant,
      captain;
      4) composition of senior officers:
      major,
      lieutenant colonel;
      colonel;
      5) the higher officers composition:
      major general;
      lieutenant general;
      colonel-general.
      2. To the special ranks of employees shall be added the following words, indicating that they belong to:
      1) the bodies of national security – "national security";
      2) security service of the President of the Republic of Kazakhstan - "security service of the President of the Republic of Kazakhstan;
      3) the authorized body in the field of foreign intelligence - "foreign intelligence".
      3. To the special ranks of citizens staying in the reserve, shall be added the words "reserve", and to the retired - "retired".
      4. Terms of service in special ranks shall be established:
      officers:
      the lieutenants - two years;
      senior lieutenants - three years;
      captains - four years;
      majors - five years;
      lieutenant colonels - seven years;
      colonels and higher – shall not be established;
      composition of common soldier and sergeants – shall not be established.
      For employees who have graduated from special (military) educational institutions with duration of five years and more, the period of service in the special rank of lieutenant shall be set in one year.

Article 27. Procedure for assigning special ranks

      1. Special ranks shall be assigned to employees personally. Special rank may be the first or the ordinary.
      2. Special ranks shall be assigned to the employees:
      1) to the higher officers – by the President of the Republic of Kazakhstan upon the recommendation of the first head of a special state body;
      2) colonel – by the first head of the special state body;
      3) other special ranks - by officials, defined by the first heads of special state bodies in accordance with the nomenclature of positions.
      3. As first special ranks shall be considered:
      1) for officer - lieutenant;
      2) for the composition of sergeants - junior sergeant;
      3) for common soldier personnel - common soldier.
      4. A special rank "lieutenant" shall be assigned to:
      1) the employee without special ranks of officers, who have graduated (special or military) educational institution;
      2) employee without special ranks of officers, who have higher professional education, related to the relevant specialty and received on service under a contract on the position that the state has the rank of the officers, upon appointment to the respective position, but not earlier than six months.
      5. The first special rank of officers shall be assigned to the first head of the special state body in which the employee is currently serving.
      6. Special rank of “sergeant” and subsequent shall be assigned to the employees with the necessary training level and to the corresponding position, but not earlier than twelve months.
      7. The special rank “ junior sergeant” shall be assigned to the citizen without military ranks, with post-secondary or higher education, upon entry on duty by contract.
      8. The special title of "common soldier" shall be assigned to citizens without special ranks:
      1) upon entry on service under a contract;
      2) upon induction to the special (military) educational institution.
      9. Citizen enrolled from reserve or accepted in procedure of transfer from the Armed Forces, other troops and military formations, upon appointing to the position of the employee shall be assigned to a special rank in procedure of re-certification is not below the existing military rank.
      Individuals previously served in a special state bodies or law enforcement authorities, transferred from reserve or accepted in accordance with the procedure of transfer from other special state bodies, or law enforcement bodies and having a special rank or class rank, upon their appointment to the position of officer in the procedure of re-certification shall be granted a special status. The procedure of re-certification and awarding special ranks shall be determined by the first head of the special state body.
      Stay in previous special rank or class rank shall be included in the term of service for awarding the next special rank.
      10. The next special rank shall be assigned to the employee at the expiration of the term of service in the previous special rank, if he holds the position for which an equal or a higher special rank is provided.
      11. If the employee hook disciplinary sanction, he shall not be submitted to the awarding the next special rank.
      12. A special rank of higher officers may be assigned to the employee upon expiration, as a rule, not less than two years in the position, subjected to replacement by the higher officers.
      13. The term of service in special ranks shall be calculated from the day of assigning special ranks.
      14. Employees that have passed appropriate training for appointment to the posts of non-commissioned officers may be assigned special ranks.
      15. Officers, who are students in special (military) educational institutions and courses for full-time study, shall be assigned the next special rank upon expiration of the established term of the current special ranks and in accordance awarded title of special rank on the position that he occupied before the study.
      Employees, exemplary performing official duty, who have shown high professionalism and diligence in the performance of services or the performance of other duties of service, the next special rank may be assigned in advance, but not higher special ranks provided by the occupied their positions.
      Early special rank shall be assigned upon the expiry of not less than half of the established term of service in special ranks, but not more than once in the period of service in special ranks of junior and senior officers respectively.An employee, who achieved high performance in service, training, strengthening of discipline, mastery of complex technology or exemplary and duties charged on the area associated with the solution of problems of special state body, may be assigned to the next special rank of lieutenant colonel, and officers of the teaching staff, having a scientific degree of a colonel inclusive - one step higher special rank provided by the occupied position.
      The next special rank for one degree higher than special rank, provided for the position, shall be assigned not more than once during the period and on the expiry of not less than two deadlines of service in special ranks.
      18. The next special rank of “junior sergeant” shall be assigned to the employee, who is appointed to position for which a special rank “junior sergeant” and higher is provided.
      19. Citizen (reservist), deprived of the special rank of officer or non-commissioned officers, simultaneously with the transfer to the military account of common soldier personnel of the chief of the local military body of oblast (city of republican significance and the capital) shall be assigned the rank of "common soldier ".

Article 28. Reduction, deprivation of special titles and recovery in the special rank

      1. Employees may be reduced in a special rank for one degree:
      1) the higher officers – by the President of the Republic of Kazakhstan;
      2) officers (except for the higher officers) – by the first head of the special state body;
      3) other special titles - in accordance with the nomenclature of posts.
      2. An employee, reduced in special rank, shall be restored to the previous special rank regardless of their positions by order of the authorized manager upon expiration of six months from the date of the reduction in special rank.
      The term of service in special ranks shall be terminated from the date of issuance of the order on bringing to disciplinary liability in the form of lower special ranks and shall be resumed from the date of issuance of the order about the restoration of special rank.
      Prior to restoring the employee in the previous special rank and giving it the next special rank re-decrease in special title shall not be allowed, but shall be taken a different measure of impact.
      3. Employees, who have committed crimes, shall be deprived of the special rank on the accusatory court sentence that has come into legal force.
      Deprivation of the employee's special ranks shall be formalized by the order on staff.
      4. A citizen, deprived special ranks due to illegal conviction, shall be assigned to the previous special rank after the entry into force of the decision on the rehabilitation of the reinstatement of the rights and privileges, provided by laws and other regulatory legal acts of the Republic of Kazakhstan.
      Footnote. Article 28 as amended by the Constitutional Law of the Republic of Kazakhstan dated 03.07.2013 No. 121-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 29. Appointment and relocation of employees

      1. The employee shall be appointed to a position, which should correspond to a special rank.
      2. The list of positions and corresponding to them special and military ranks in the special state bodies shall be approved by the President of the Republic of Kazakhstan.
      3. The list of non-standard positions and corresponding special and military ranks in the special state authorities shall be approved by the first heads of these bodies.

Article 30. The procedure of appointment to positions

      1. The appointment of an employee to the position shall be carried out in accordance with this Law.
      2. The list of officials, who have the right to issue orders (a list of positions) on the conclusion of the contract, appointment, transfer, release, dismissal of employees, and to assign special ranks (orders on staff), shall be determined by the first head of the special state body.
      3. The appointment of an employee for the position shall be carried out taking into account the level of education and vocational training, psychological qualities, health condition and other circumstances provided by this Law.
      4. Appointment of employees to positions shall ensure their use by the principal or similar specialty, taking into account existing experience of staff activity. Upon necessity of use of staff in posts on new specialty, their appointment to these positions shall be obliged to precede the corresponding training.
      5. An official, who has the rank of the officers, enrolled in full-time study in a special (military) educational institution, postgraduate study, doctoral studies, which includes the training of officers for the postgraduate program of higher professional education, shall be relieved from the previously occupied post and shall be appointed to the position of adjunct or doctoral candidate.
      An employee, who has the rank of non-commissioned officer or officers undergoing retraining and advanced training in special (military) educational institution, without dismissal from the occupied post shall be the listener.
      An employee without the rank of officer, enrolled in the special (military) educational institution shall exempt from former positions and be appointed a cadet provided to students in the specified school.
      A citizen, enrolled in special (military) educational institution, shall be appointed for a position of cadet, provided to students that study in the specified school.
      Upon enrolling in a special (military) educational institution for a employee (a citizen) shall be saved previously awarded the title.
      6. Employees, who are not enrolled in special (military) educational institution, postgraduate study, doctoral studies, shall return to the units, from which they have been sent for admission to the specified school, on the earlier occupied positions.
      7. Employees, who have graduated from special (military) educational institutions, postgraduate study, doctoral studies, shall be appointed to positions of officers, subjected to replacement by persons with the necessary education and provided by a List of positions and their respective special ranks in a special state body approved by the President of the Republic of Kazakhstan (hereinafter - the List of positions).
      At impossibility of appointment to specified positions such employees shall be appointed to other positions, related training profile (in exceptional cases shall be credited to the appropriate supervisor, to further appointment to the post).
      8. Upon appointing to the positions shall be observed the following conditions:
      1) to posts, subjected to substitution composition sergeants and officers, appointed by the employees of a certain composition.
      Upon impossibility of appointment to these positions of employees of a certain part of them may be assigned to the staff of subordinate part in the procedure defined by the first head of the special state body;
      2) appointment to positions the employees, placed at the disposal of the relevant chiefs, is made in the shortest possible period not exceeding the period established by paragraph 4 of Article 33 of this Law;
      3) conclusion of the military-medical commission on the category of validity for the service is presented;
      4) in case, if an employee is denied in access to the information constituting state secrets or the specified tolerance terminated, he shall be appointed in the established order to the position associated with the access to the information constituting state secrets, or subject to dismissal from the service;
      5) employees, consisting between close relatives, in accordance with the legislation of the Republic of Kazakhstan are not allowed to serve with their direct subordination to one another.
      9. Employees may be appointed to higher, equal or lower level positions.
      10. The position shall be regarded as superior, if in accordance with appropriate List of positions it stands with higher special rank than a special rank on the same position, and in case of equality stipulated by the state special ranks higher level of qualification requirements or management body.
      11. The appointment of an employee to a higher post shall be made in procedure of promotion.
      On the superior position shall be appointed the employee, recommended by certification commission of the authority in which he runs the service, expressed in the performance of duties in the service of high professional quality and organizational skills.
      12. Positions shall be considered as equal if they are equal in special rank, and in equal qualifications or levels of government.
      The appointment of an employee in equal positions shall be carried out:
      1) in connection with the organizational measures;
      2) for the appropriate use of the employee in the service;
      3) for family reasons according to the report an employee, serving on contract, under the conditions provided by subparagraph 2) of paragraph 2 of Article 49 of this Law;
      4) for health reasons in accordance with the conclusion of the military-medical commission.
      14. The position shall be considered to be lower, if it corresponds with lower special rank, and lower qualification requirements or level of government.
      15. Appointment to a lower position shall be carried out:
      1) with the consent of the employee:
      in connection with the organizational measures in the absence of vacant positions, equal to his profile training;
      for family reasons, specified subparagraph 2) of paragraph 2 of Article 49 of this Law, evidenced by the certificate of inspection of the family property, standard form of which is approved by the Government of the Republic of Kazakhstan;
      for health reasons, in accordance with the conclusion of the military-medical commission;
      while at command of the head, except in the circumstances, defined by subparagraph 4) of paragraph 4 of Article 33 of this Law;
      2) without the consent of an employee on the conclusion of the attestation committee in the case of repeated (two or more times within one year) violations of procedures and rules of service, that are not grounds for termination of the contract, not less than one level.
      16. Upon appointment of an employee to the position, dismissal, enrolment under control of a head, discharge, assignment, reduction, deprivation of special titles, as well as at the conclusion of the new contract shall be documented recommendation in accordance with the procedure, defined by the first head of the special state body.

Article 31. Procedure of redeployment of staff

      1. Redeployment of staff shall be changing his official position or place of service.
      The redeployment shall be performed in the following cases:
      1) Appointment to the position;
      2) secondment;
      3) admission under control of the head on the grounds specified in subparagraphs 1), 2), 3), 5) and 6) of paragraph 4 of Article 33 of this Law;
      4) enrolment in special (military) educational institutions;
      5) transfer from one special state body to another;
      6) changing permanent base unit.
      2. Redeployment of staff upon the change of permanent base unit, implemented in accordance with the organizational measures, as well as the appointment of an equal position regardless of their permanent base unit shall be performed without his consent, by decision of the authorized director who has been granted this right by the first head of the special state body.
      3. Redeployment of staff shall be made only after delivery of cases and positions in the order established by the legislation of the Republic of Kazakhstan.
      The beginning of delivery of cases and position shall be determined by the head from the date of receipt of extracts from the order on staff or written notification about redeployment of staff, but not later than seven days from the date of receipt of the notification, and for the employee on leave or on treatment, from the day of his arrival.

Article 32. Placing on temporary performance of duties on a post

      1. In connection with business necessity for employee may be imposed temporary performance of duties equal to or higher position, which is not occupied by him:
      1) On vacant (not occupied) post with his consent, in this case the employee shall be exempt from execution of duties of occupied by him job, but shall not be released from his post and he shall be paid salaries according to position, to the duties of which he is temporarily admitted;
      2) on not vacant (occupied) positions in case of temporary absence of occupying its employee, or removal of occupying its officer from office - for a period not exceeding 2 months.
      2. The placing on an employee of temporarily execution of the vacant positions and dismissal from execution of duties for the occupied position shall be carried out by an official, authorized to assign to this post. At this placing on an employee of temporarily execution of position for vacant positions, subjected to substitution of higher officers shall be carried out in accordance with the procedure provided by the first head of the special state body.
      3. The head of the body in case of his temporary absence shall impose temporary performance of duties on one of the deputies, in their absence - to another officer.

Article 33. Induction under control of the head

      1. For the decision of issues of the further service career of employees may be inducted under control of the head, having the right to issue orders, official, having the right of appointment to position.
      2. Admission of the employee under control of the head shall be allowed in cases and on terms specified in paragraph 4 of this Article.
      3. Officials at the disposal of the personnel shall approve the list of their official duties.
      4. The employee may serve not in regular posts in the following cases:
      1) Under control of an authorized executive at his appointment to another position - not more than two months;
      2) Under control of an authorized executive in connection with carrying out organizational measures (redundancy) - not more than three months;
      3) Under control of an authorized executive in connection with the inability of redeployment of staff in an equivalent position - not more than six months;
      4) Under control of an authorized executive in connection with the initiation of criminal case against an employee - before the decision on the criminal case;
      5) Secondment to the state bodies and organizations;
      6) Being in the existing reserve.

Article 34. Dismissal from service

      1. The employee shall be dismissed in cases of appointing to another position, move, dismissal from service, and also in connection with other circumstances provided by the legislation of the Republic of Kazakhstan and this Law.
      2. The right to release the officer from office shall have authorized head.

Article 35. Official representatives

      Special state bodies may send their official representatives in the foreign institutions of the Republic of Kazakhstan in coordination with the special services or law enforcement agencies of other states, as well as with the Ministry of foreign affairs of the Republic of Kazakhstan.
      Position about the official representatives shall be determined by the first heads of special state bodies.

Article 36. The secondment of staff to the state bodies, as well as organizations

      1. Employees for solving problems of ensuring security of the state and in other cases provided by the laws, may be posted to the state bodies and organizations of the Republic of Kazakhstan in coordination with the first directors, unless otherwise provided by the laws or international organizations - on the basis of international agreements.
      2. At this for the seconded person shall remain the employee's status and the action of the previously concluded contract shall not be terminated.The conclusion of new contracts with staff seconded to the state bodies of the Republic of Kazakhstan, organizations, shall be carried out in accordance with this Law.
      3. Assigning special ranks to employees, seconded to the state bodies of the Republic of Kazakhstan, and also the organizations, their dismissal from service, the state awards shall be carried out accordance with the procedure provided by this Law.
      4. Seconded employees shall be paid salaries established for the relevant categories of employees of state bodies and organizations of the Republic of Kazakhstan, and the wages for the special rank, provided by the legislation of the Republic of Kazakhstan.
      5. Bonuses of seconded employees shall be carried out on the basis of official salaries in accordance with the procedure provided for employees of state bodies and organizations, to which they are seconded.
      Payment of salaries, allowances for recovery and premiums of seconded employees shall be conducted in accordance with the legislation of the Republic of Kazakhstan at the expense of funds envisaged for the maintenance of state bodies, as well as organizations, to which they are seconded. Other payments, as well as providing special uniforms shall be made at the expense of funds envisaged for the maintenance of special state body of seconded employee.
      6. Seconded to international organizations employees shall be paid the salary, set for the respective categories of the staff of international organizations at the expense of funds envisaged for their content, unless otherwise provided by international treaties.
      7. For the period of secondment in the state bodies of the Republic of Kazakhstan as well as in the organization for employees and members of their families shall be remained rights, warranties, benefits, compensation, pension security and social protection provided by the legislation of the Republic of Kazakhstan.
      Retirement insurance of seconded employees shall be carried out in accordance with the legislation of the Republic of Kazakhstan. At this into account for calculation of mandatory pension contributions to seconded employees shall be accepted the salaries for them to occupied posts in state bodies, as well as organizations of the Republic of Kazakhstan, and at the payment for calculation of mandatory pension contributions of seconded employees to international organizations shall be accepted the salaries of last occupied in state bodies of posts and salaries for special ranks.
      For the rest of the payment of one-time nature at the calculation shall be made equal to the salary rate on the last positions held by the employee prior to secondment.

Article 37. Personnel reserve

      1. With the purpose of formation of a personnel reserve of special state body and ensuring the acquisition of the posts in a special state body shall be created the personnel reserve.
      2. Personnel reserve shall be formed from the staff, which are recommended for promotion to a higher position by results of certification.
      3. Vacant managing position shall be replaced by decision of an authorized executive entity, comprising the personnel reserve of special state body. Refusal of the staff, consisting of personnel reserve from the proposed position vacant position shall be replaced by another employee for the certification results.
      4. Responsibility for formation of personnel reserve and organization of work with it shall be attached to the authorized manager and personnel department of the special state body. Personnel reserve shall be formed in special bodies, taking into account the qualitative composition of the personnel and the needs for substitution of the relevant post.
      5. Enlistment to the personnel reserve shall be carried out by the authorized head.
      6. In cases of committing of corruption offences, reduction in posts or special rank, as well as imposing a disciplinary sanction in the form of warnings about incomplete service conformity employee shall be excluded from the personnel reserve.
      7. The term of the employee in the reserve shall not exceed three years. The persons enlisted to the personnel reserve, but not appointed within the period of stay in the reserve in planning for their positions, may re-enroll in the personnel reserve on general grounds.
      8. Personnel department unit of the special state body shall maintain lists of employees enrolled in the personnel reserve.
      9. The procedure of formation of a personnel reserve and the organization of work with them shall be determined by the first head of the special state body.

Chapter 5. Rest leaves

Article 38. Types of rest leaves

      1. The following types of leave shall be set for employees:
      1) annual;
      2) short term;
      3) maternity leave, leave to employees who have adopted or adopted a newborn child (children);
      4) additional;
      5) vacation;
      6) education;
      7) due to illness;
      8) vacations without pay on child care until reaching the age of three.

Article 39. The General procedure for granting and calculation of the duration of holidays

      1. Holidays shall be granted on the basis of the order of the authorized head.
      2. The duration of leave shall be determined in accordance with the legislation of the Republic of Kazakhstan; the total duration of annual additional leave may not exceed sixty days in a year view, not counting the time needed to travel to the place of vacation and back.
      3. For the period of all types of leaves for an employee shall be saved money allowances and other additional payments, except the cases provided by this Law and other regulatory legal acts.

Article 40. Annual leave

      1. Annual leave shall be granted to employees during the calendar year in accordance with the annual vacation schedule, approved by the authorized head.
      During their holiday shall not be allowed redeployment, dismissal of an employee on the initiative of a special state body, except the complete elimination of units and in other cases provided in the contract.
      2. The duration of annual leave that is granted to employees (except students) with a view of the service term, peculiarities and conditions of service, shall be established as:
      having served in the service of up to 10 calendar years - 30 day and night;
      from 10 to 15 years - 35 day and night;
      from 15 to 20 years - 40 day and night;
      20 years and more - 45 day and night;
      For persons in summer work, as well as for those, carrying service in regions, the list of which is determined by the Government of the Republic of Kazakhstan – 45 day and night.
      3. The leave may be divided into two parts, taking into account the interests of the service and the willingness of the employees.
      4. Calculating the duration of annual holiday to the employee in the year of entering at the service and in the year of dismissal shall be calculated by dividing the length of annual leave at twelve and obtained by multiplying the number of days on the number of full months of service in the year of admission to the service or dismissal.
      5. Rounding the number of incomplete days and nights and months shall be upwards. In case of impossibility of timely dismissal of an employee from service (exclusion from the list of personnel of special state body), on the day of his dismissal shall be calculated underutilized time of annual holiday with granting it to the employee. In the same procedure shall be calculated duration of the annual holiday of the employee in case of early (before the expiration date of the contract) dismissal, if the leave is not used previously in accordance with the annual vacation schedule.
      6. Employees, who have completed special (military) educational institution, annual leave shall be granted upon graduation of specified educational institution.
      7. Employees serving in high-mountain areas (at a height of fifteen hundred meters and higher), in areas with severe climatic conditions, the list of which is determined by the Government of the Republic of Kazakhstan, the annual paid leave shall be forty-five calendar days, regardless of length of service.
      8. The duration of annual leave of employees shall be increased by the number of day and nights taking into account the necessary time for travel to the place of holiday and back.
      9. According to the report of the employee and the decision of the head the granting to an employee of annual and additional holidays shall be allowed consistently with no gap between them.
      10. In the case when the annual and (or) additional leave in the past year were not fully used by the employee for good reason, the unused days of vacation shall be granted next year at his request.
      11. Employees, got sick during the annual or additional leave (except year of dismissal from the subsequent dismissal from the list of special state body), annual or additional leave shall be extended by a reasonable number of days of illness, except holidays for family reasons. The extension of leave in this case shall be carried out by an authorized head on the basis of a certificate from a medical institution.
      12. In the case of serious health problems or death of a family member, as well as emergency situations of natural or technogenic character that had befallen to the family members of the employee on leave, the head of the territorial body, on the territory of which, the employee is on vacation, shall be entitled to extend the leave for a period of not more than ten day and nights without taking into account the time required for travel to the place of service career.
      About the extension of the vacation head of territorial body shall immediately notify the head of the department in which the specified employee carries a service.

Article 41. Short leave

      1. Short leave shall be available to employees for up to ten day and nights in the following cases:
      1) serious health problems or death of close relatives (parents, children, adoptive parents, adopted children, full and half brothers and sisters, grandparents, grandchildren);
      2) emergency situations of natural and technogenic disasters that befell close relatives (parents, children, adoptive parents, adopted children, full and half brothers and sisters, grandparents, grandchildren);
      3) the occurrence of urgent social and everyday issues, as well as for other reasons that are recognized by an authorized head respectfully.
      2. The duration of short-term leave that is granted to the employee shall be increased by the number of day and nights, necessary for travel to the place of holiday and back.
      3. Short leave may be granted to the employee not more than two times a year.

Article 42. Maternity leave, leave to employees who have adopted a child (children)

      1. The women employees shall be given a leave for pregnancy and childbirth with the duration of seventy calendar days before childbirth and fifty-six (in case of complicated birth or birth of two or more children - seventy) calendar days after childbirth. The calculation shall be made in total, and leave shall be granted fully regardless of the number of days actually used before the birth.
      Specified leave shall be granted to employees on the basis of a sheet of temporary incapacity for work issued by the relevant medical institution.
      2. The employee, who have adopted a newborn child (children) shall be granted (to one of the parents) leave for the period from the date of adoption and before the expiry of fifty-six days from the day of birth of the child.

Article 43. Additional leave

      1. Employees, carrying service in the regions, announced by the legislation of the Republic of Kazakhstan as environmental disaster zones, shall be entitled to additional annual leave, the duration and procedure for the provision of which shall be determined in accordance with the legislation of the Republic of Kazakhstan.
      2. Additional paid vacation for the special nature of the service shall be provided up to ten calendar days, shall be added to the annual paid leave and may be granted at the same time or separately, at the request of the employee.
      3. Employees that are entitled simultaneously to additional leave for the performance of duties in hazardous conditions and for the special nature of the service, additional leave shall be granted on their choice for a single reason.

Article 44. Vacation leaves

      1. Cadets, studying in special (military) educational institutions of special state bodies on internal form of training, during breaks in the training sessions shall be provided vacation leave on the following terms:
      1) winter holiday - 14 day and nights;
      2) summer vacation - 30 day and nights.
      2. The time required for travel to the place of holiday and back shall not be granted.

Article 45. Education leaves

      1. Employees by decision of the authorized leaders may be granted education leaves:
      1) for preparation and passing of entrance examinations;
      2) during the period of study.
      2. The duration of the education leave shall be established by curriculum and shall be submitted by authorized head on the basis of a written call of educational institutions.

Article 46. Leaves due to illness

      1. Leave due to illness shall be granted to the employee on the basis of the conclusion of the military-medical commission. Leave due to illness shall be provided to the employee from thirty to sixty day and nights, and in the year of dismissal up to the date of expiry of the contract.
      2. For certain categories of employees after execution by them of negatively affecting to their health tasks shall be carried out medical rehabilitation.
      The amount of additional days for medical rehabilitation shall be determined for an employee on the basis of the conclusion of the military-medical commission by the first head of the special state body.
      3. The duration of leave due to illness on account of annual and additional holidays shall not be included.

Article 47. Recalling from leave

      1. In case extremely official necessity the officer may be recalled from vacation according to decision of the authorized head.
      2. Recalling of the employee from vacation shall be documented by the order. At this, if underused part of the holiday is ten days or more, the employee shall be granted the time necessary to travel to the place of holiday and back, but not beyond the point from which he has been withdrawn. Unused vacation time at the request of the employee may be attached to leave for the next year.

Chapter 6. Cessation of employment in special state bodies

Article 48. Grounds for cessation of employment in special state bodies

      Grounds for cessation of employment in special state bodies shall be:
      1) the dismissal in the procedure provided by this Law;
      2) death, or the announcement of an employee as dead in accordance with the court decision, that entered into legal force;
      3) recognition of the employee in the procedure provided by law, as missing or legally incapable, partially capable.

Article 49. Dismissal from service

      1. The dismissal of employee shall be produced on the following grounds:
      1) On age upon reaching the age limit for the service;
      2) upon expiry of the term of the contract;
      3) for health reasons in connection with the conclusion of the military-medical commission on recognition of unfit or partially fit for service;
      4) upon deprivation of special titles in accordance with legislation of the Republic of Kazakhstan;
      5) upon expulsion from special (military) educational institutions;
      6) in case of loss of the citizenship of the Republic of Kazakhstan;
      7) for failure to submit or distortion of the information specified in paragraph 2 of Article 7 of this Law;
      8) on finding of placed at the disposal of the commissioner of the head up to six months of age, at impossibility of use of existing experience and knowledge of the employee, and in case of single refusal of the proposed position;
      9) in connection with the organizational measures;
      10) in connection with the transition to work in the state bodies (institutions);
      11) in connection with the non-fulfillment of the terms of the contract;
      12) on refusal in a special checking;
      13) on negative grounds.
      2. The employee shall be entitled for early cessation of employment:
      1) in case of material and (or) systematic (two or more times) violations of conditions of the contract in respect of him;
      2) on family reasons as a result of:
      the inability of residence of the family member of an employee for medical reasons in areas in which the employee carries service, and in the absence of the possibility of his transfer to a new place of service;
      change of place of service of husband of an employee (wife- employees), that is associated with necessity of family to move to another locality;
      the need for constant care of father, mother, wife, husband, brother, sister, grandfather, grandmother, or the adopter in need for health reasons, in accordance with the conclusion of the body of social protection of population by the place of their residence in permanent care (help and supervision) or that are disabled persons of the first or second group, or persons who have reached retirement age for old age, or under the age of eighteen years, in the absence of other persons who are obliged by law to contain these citizens;
      necessity of taking care of a child under the age of eighteen whom an employee brings up without a mother (father);
      3) in case of election or appointment to the representative bodies of the Republic of Kazakhstan;
      4) in case of election or appointment to the post of judge.
      3. Dead employee shall be excluded from the lists of personnel from the next day after the documented the date of death (mortality), and the employee, that is recognized by court as missing or declared dead, from the day of entry into legal force of a court decision.
      4. Dismissal from the service of persons, who had served for the set time, shall be suspended in case of introduction of state of emergency or martial law for the period of its validity.

Article 50. Maximum age of employees state in the service

      1. Age limit of employees state in the service shall be established:
      1) For lieutenant colonels inclusively - forty-seven years;
      2) For colonels - fifty-five years;
      3) For general-majors and general-lieutenants - sixty years;
      4) For general-colonels - sixty-three years.
      2. Employees, who have reached the age limit, shall be dismissed to the reserve or retired in accordance with the procedure provided by this Law.
      Employees, who have high professional training, work experience on the occupied position and suited in health condition for service, by the first directors of special state bodies may be extended service term by concluding with them a new contract, but not more than for three years.
      Employees, serving in special (military) educational institutions, research institutions of special state bodies with the academic master degree, academic degrees or titles, as well as medical workers with higher education, serving by profession in military medical units of special state bodies and having the highest qualification category, service term may be extended up to five years.
      The decision on extension of the period of service shall not preclude the possibility of dismissal of an employee from the special state bodies on the grounds provided by this Law.

Article 51. The procedure of dismissal from service

      1. Dismissal of employees to reserve or retirement from service shall be carried out by the order of the authorized official, that is entitled to it in accordance with the list of official persons
      2. The exception from the list of the department of an employee shall be carried out after the dealing with work and positions within the time limits provided in the special state bodies.
      3. In case of presence of an employee on vacation, medical treatment, or official business the exception from lists of personnel shall not be carried out.
      4. On reaching the age limit status on the service or the expiry of the contract of the employee in advance (but not later than a month) shall be notified in a written form by the authorized manager.
      Sending an employee on a business trip shall be prohibited after notify of an employee about the forthcoming dismissal.
      5. The extract from the order about the dismissal of an employee from the service shall be brought to his attention under his signature. In case of presence of an employee outside the location of the body the extract from the order shall be brought to his attention after the return.
      The extract from the order shall be issued only on the basis of written statements of the dismissed employee.
      6. If the employee has several grounds for dismissal from service, he shall be dismissed according to chosen by him ground, except when the dismissal is made by negative motives.
      7. Dismissal of employees for health reasons shall be carried out after receipt of the staff of the special state body of the conclusion of the military-medical commission.
      8. The formalization of recommendation of employees from service in connection with deprivation of special titles shall be carried out:
      1) Upon entering a special state body of the accusatory court sentence, that has entered into legal force;
      2) Upon simultaneous formalization of recommendation to the deprivation of special titles on the basis of the accusatory court sentence, that has entered into legal force.
      9. Cadets, who have been dismissed in connection with the expulsion from the special (military) educational institutions, shall be directed to the local military authorities at the place of residence for the military registration of recruits or conscripts. Meanwhile the cadets, who have not served term of service for conscripts, hereinafter shall be called up for military service on a common basis before the expiry of the term of military service on an appeal.
      10. Dismissal of employees in connection with the loss of citizenship of the Republic of Kazakhstan shall be carried out by the decision of the authorized manager from the date of entry into force of the relevant decree of the President of the Republic of Kazakhstan on withdrawal from citizenship of the Republic of Kazakhstan.
      11. Dismissal in connection with the transition to work in the state bodies (institutions) shall be carried out according to the report an employee at receipt of the relevant notification of the state body (institution) on acceptance of the employee to service with indication of the position of civil servant.
      12. Dismissal in connection with the non-compliance with conditions of contract by the employee shall be carried out after considering these facts at the extraordinary session of the attestation commission of the special state body in accordance with this Law.
      13. Dismissal at refusal on execution of a special verification shall be carried out in case, if the employee refused to conduct in respect of its special verification, or if the results of special inspections revealed the circumstances that impede the registration of employee access to state secrets upon impossibility of his appointment to the position, which does not require formalization of admission to state secrets.
      14. Dismissal on negative grounds shall be carried out in the following cases:
      1) Being of an employee in the service, including episodic, a condition of alcoholic, narcotic, psychotropic, toxic intoxication (their analogues), as well as in cases of the use, including episodic, substances that cause the state of narcotic, psychotropic, toxic intoxication (their equivalents), as well as refusal or evasion of a medical examination in specialized medical institutions (narcological dispensaries) for the issue of use, including episodic, substances that cause the condition of alcoholic, narcotic, psychotropic, toxic intoxication (their analogues);
      2) use of official position for personal, mercenary motive;
      3) practice all kinds of entrepreneurial activities, including commercial intermediation, except cases of its being their official duties in accordance with the legislation of the Republic of Kazakhstan;
      4) performance of works and rendering services with the use of official position and gain illegal remuneration;
      5) the entry into force of judgment of conviction of court or the termination of the criminal case on non-exculpatory grounds;
      6) committed by an employee, who performs educational functions, of an act that is not compatible with the occupied position;
      7) commitment of guilty actions by the employee, directly serving the cash flow or state property, if these actions give grounds for the loss of trust to him on the part of the authorized person of the head;
      8) the disclosure of information constituting state secrets;
      9) the interruption of a service without good reason, three and more consecutive hours during one business day;
      10) certain labour and anti-corruption legislation of the Republic of Kazakhstan.
      15. The employee, in case of election or appointment of the member of the Parliament of the Republic of Kazakhstan or local representative bodies, shall be entitled for early dismissal on the basis of published information in the appropriate media of the election results.
      16. The employee, in case of his election or appointment to the post of judge, shall be entitled for early dismissal on the basis of the act of his appointment or the notification of the authorized state body on his election.
      17. The employees, dismissed from service, as well as students, expelled from the special (military) educational institutions of special state bodies, shall submit service certificate and a badge.
      18. The day of the dismissal of the employee from service shall be the date of its exclusion from the list of personnel by order of the authorized manager.

Article 52. Enrollment to the reserve

      1. The employees (officers) of the special state bodies (with the exception of security service of the President of the Republic of Kazakhstan), retired to reserve shall be subjected to the account of reserve officers of special state bodies in the territorial bodies of national security and the authorized body in the field of foreign intelligence.
      2. Transfer to the reserve of local military control bodies shall be subjected to the employees dismissed from service:
      1) from the number of common soldier personnel and sergeants;
      2) from the security service of the President of the Republic of Kazakhstan;
      3) on negative grounds;
      4) in connection with non-compliance with conditions of the contract.

Article 53. The age limit of stay in reserve

      1. The age limit of stay in the reserve of employees (officers) shall be for men sixty years inclusively, and for women - forty-five years inclusively.
      2. Employees, who have reached the maximum age limit in reserve, or persons, deemed unfit for service on health reasons with the exception of registration of reserve officers of special state bodies shall be translated into retirement.
      3. In wartime by the President of the Republic of Kazakhstan may be raised the age limit of stay in reserve.
      4. The procedure of organization of accounting of reserve officers of special state bodies and stay of their employees in the reserve shall be determined by the first heads of special state bodies.

Article 54. Reinstatement of service

      1. Persons, dismissed from service, shall be entitled to appeal an order on dismissal to higher management or in court in accordance with the procedure provided by the Law of the Republic of Kazakhstan.
      2. In the case of unlawful dismissal (except for cadets of special (military) educational institutions) from service, caused damage in connection with this shall be compensated in full amount at the expense of the special state bodies.
      Unreasonably fired employees shall be restored in the service in the previous (and with his consent to equal to or lower) position and shall be provided with all kinds of allowances, lost after the illegal dismissal.
      This period shall be included in the years of service and term of service for awarding the next special rank.

Chapter 7. Certification and class qualifications

Article 55. Certification, its purpose and objectives

      1. Certification shall be periodically carried out procedure for determining the level of professional training, which is conducted on the basis of assessment materials to be included in the appraisal sheet.
      2. The purpose of certification shall be a comprehensive and objective assessment of performance, professional competence, as well as rational use and development of professional capacity of staff.
      3. Objectives of the evaluation shall be:
      1) obtaining comprehensive and objective characteristics of the professional, business skills and potential abilities of each employee;
      2) determination of compliance of employees with their positions and prospects of their further official use;
      3) determination of the directions of improvement of training (retraining) and education of employees;
      4) the formation and development of a personnel reserve.

Article 56. Certification of employees

      1. Employees shall be certified at the end of each subsequent three years of continuous stay on the service in special state bodies. At this certification shall be obliged to be held no later than six months from the date of occurrence of the specified term.
      If subjected to attestation employees are appointed to new positions, they shall be certified after one year after the appointment. Upon appointment to other posts, if this has not caused changes of functional duties, this time limit should have not been counted.
      2. The head of the special state body and his deputies shall not be subjected to certification.
      The employees in the period of their being on leave for pregnancy and childbirth and child-care leave until the child becomes 3 years old shall not be subjected to certification. They shall be certified for after service not earlier than six months and not later than one year from the day of service.
      The employees, who have a continuous record of service not less than 20 calendar years shall not be subjected to attestation testing.
      3. Unscheduled certification shall be held for the employees considered at meetings of the Higher attestation commission, by decision of the first head of special state body, for other employees - by the decision of the deputy of the head of the special state body on curatorship.
      The grounds for unscheduled certification shall be:
      1) the decision of issue on transfer of the employee in the personnel reserve;
      2) the decision of issue on the appointment of an employee to a lower position;
      3) the decision of issue on the dismissal of an employee in connection with non-compliance with conditions of the contract.
      4. Certification shall involve a series of consecutive stages:
      1) Carrying out preparatory activities;
      2) Computer testing of an employee, subjected to certification, for knowledge of the legislation of the Republic of Kazakhstan, legal acts of special state body, state language and conducting of psychological and sociological research;
      3) review of certification at the session of the attestation committee and on the results of determination of the conclusion and recommendations.
      5. Conditions and procedure for carrying out certification of employees, execution of unscheduled certification, definition of the threshold values for certification testing, the choice of methodology for the conduct of psychological and sociological research in certification as well as establishing forms of appraisal sheet and list of positions, considered by the attestation commissions and the Higher attestation commission, shall be determined by regulatory legal acts of the special state body.

Article 57. Measures on carrying out an attestation

      1. Direct carrying out of activities related to the certification of employees shall be the responsibility of human resources unit.
      2. Human resources unit at the end of each year shall prepare a schedule of certification of employees for the upcoming year.
      3. Authorized manager on representation of human resources unit shall approve the schedule of certification of employees.
      4. Human resources unit in written form shall notify the employee about the terms of conducting certification and not later than a month before its opening.
      5. The authorized manager of certifiable, having comprehensively studied professional, business and personal qualities of certified employee, objectively analyzing and evaluating specific indicators of his work by his occupied post, shall be obliged to give him response and to formulate preliminary conclusions and recommendations for certification.
      Military medical units shall provide to attestation commission information about the state of health of certified employee by results of annual check-UPS.
      6. Certified employee shall pass the computer-based test, the exact date of which shall be warned not less before than 7 business days. Psychologist shall carry out a complex of psycho-sociological research and the results shall issue a conclusion on compliance of personal and business qualities and professional competence of their positions and recommendations of certified employee in post attestation period.
      7. In conclusion the results of certification shall be specified whether certifiable corresponds or not to occupied position, after which the state an opinion about the further the most appropriate service its use based on business skills, experience and interests of the service.
      This may be given the following recommendations:
      on worthwhileness of conclusion of a new contract, including contract with the employee reached the maximum age status on the service;
      on nomination to a higher post;
      on a direction for study in special (military) educational institution or training or retraining;
      on moving on equal position;
      on a direction for a medical examination of the military-medical commission to determine suitability for future service;
      on the movement of an employee from his position to a lower position, with indicating the reason and worthwhileness of its further official use;
      on the development of individual programs for professional development;
      dismissal from service.
      Upon defining more than one recommendation, their content shall not contradict each other.
      If necessary, the first leader of a special state body shall be entitled to define other formulation or supplement the list of recommendations for certification of employees.
      Ground for determination of conclusion on inconsistency to occupied position shall be:
      1) Official recommendation with the preliminary conclusion and recommendation to the attestation, that is prepared by the direct head (head) of certified employee or heads of structural subdivisions of special state body, which shall include specific facts of non-fulfillment or improper fulfillment of the official duties;
      2) the result (results) of re-certification test, which is below the threshold, established by regulatory legal acts of special state body;
      3) failure to comply with the regulations on professional fitness, provided by regulatory legal acts of the special state body;
      4) the conclusion of psychologist on the results of conducted psycho-sociological research;
      5) medical certificate on health status (the conclusion of the military-medical commission);
      6) non-compliance with conditions of the contract of an employee.
      9. Composed certifying material shall be subjected to consideration by the qualification commission.

Article 58. The certification commission

      1. The certification commission shall be a permanent advisory and consultative body.
      The higher certifying commission shall be created by the order of the first head of the special state body. In departments (bodies) of a special state body certifying commission shall be created by the order of the authorized head.
      2. The assessment committee shall include at least seven members. The chairman and members of the certification commission must take equal or higher post than employees, subjected to certification. The substitution of absent members of the certification commission shall not be allowed. The meeting in the absence of the chairman of the certification commission shall not be conducted.
      3. The chairman of the higher certifying commission shall be appointed first deputy of the head of the special state body in charge of the work with personnel.
      4. The composition of the attestation commission shall include heads of departments of bodies and other employees, and the higher certifying commission shall include authorized managers. Members and secretary of the certifying commission shall be certified on general grounds. Members of the certifying commission that are subjected to attestation shall not participate in voting for themselves.
      5. Secretary of the certification commission shall be a representative of the human resources unit. Secretary of the attestation commission shall carry out organizational support of its work and shall not be entitled to take part in the voting.
      6. The certification commission during the consideration of the conclusions and recommendations (materials) of certification shall be entitled to obtain explanations to invite as certified employees, and their immediate supervisors (heads) as well as managers (employees) directly related to the activities of certified employee and formed a preliminary conclusions and recommendations.
      On the recommendation of the attestation commission of certified employee may be routed to the military-medical commission.
      7. A session of the attestation commission shall be competent if not less than two thirds of its composition is present on it.
      8. Final conclusions and recommendations of the certification commission shall be adopted by voting and considered as approved if they receive the majority of votes of the members present at the meeting of the members of the certification commission. In case of equality of votes shall be regarded as accepted conclusions and recommendations, for which has voted the chairman.
      9. Conclusions and recommendations of the attestation commission within five business days shall be documented by a protocol, which is signed by the chairman and members of the certifying commission present at its meeting and the secretary.
      10. Human resources unit shall enter the adopted conclusions and recommendations in the appraisal sheet of employee, who becomes familiar with it under signature, after approval not later than ten business days.
      If it is impossible for objective reasons to familiarizing of the employee with the approved appraisal sheet, the acquaintance shall be carried out within ten business days from the moment of arrival to the service.
      11. Appraisal sheet of employee, who has passed certification, shall be stored in the private affair.

Article 59. Conclusions and recommendations of the attestation committee

      1. Conclusions and recommendations of the certification commission shall be approved by the director (head) of the department (body).
      Conclusions and recommendations of the Higher certifying commission shall be approved by the first head of the special state body.
      2. Conclusions and recommendations of the attestation committee shall be the basis for transfer of an employee in the staff reserve, appointing to equal position, lowering the employee in position or his dismissal.

Article 60. The appeal of the conclusions and recommendations of the certification commission

      1. Conclusions and recommendations of the certification commission may be appealed by the employee before the director (head) of the department (body) or the first head of the special state body not later than one month from the date of the familiarization.
      2. The head of the special state body upon recommendation of the chairman of the Higher certifying commission, in the case of obtaining reliable information on violations of the procedure for certification of employees by attestation commissions or leaders (heads) of the departments (bodies), shall be entitled to cancel the results of conducted certification and upon necessity for appointing its reperformance, up to the consideration at the session of the higher certifying commission.

Article 61. Class qualification

      In order to stimulate the development of professional skills of each employee shall be carried out the procedure of assignment, promotion, reduction and removal of class qualification.
      Assignment, qualification, lowering and removing of class qualification of employees shall be carried out in accordance with regulatory legal acts of special state bodies.

Chapter 8. Service discipline in special state bodies

Article 62. Service discipline

      1. Service discipline shall be strict and precise observance of norms and rules provided by the legislation of the Republic of Kazakhstan.
      Service discipline shall be based on the awareness of each employee of his duty and personal responsibility for ensuring the national security of the Republic of Kazakhstan.
      2. Heads of special state bodies shall be obliged to routinely support in the assigned units of service discipline, strictly guided by the requirements of the legislation of the Republic of Kazakhstan.
      3. Service discipline shall be achieved:
      1) organization of patriotic, moral and spiritual education of the employees, formation of high moral and psychological qualities;
      2) the personal responsibility of each employee for the performance of their duties and requirements of the legislation of the Republic of Kazakhstan;
      3) maintenance in division of observance of the schedule and regulations of duty time;
      4) personal example and everyday demands of managers to subordinates about the proper execution of their duties of service, control over their diligence, respect of human rights and personal dignity of employees, care about them, skillful combination and correct application of measures of encouragement, persuasion, coercion and social impacts of the team;
      5) the creation of the division of conditions, ensuring the security of service career, of the necessary material-household and other conditions.
      4. Disciplinary responsibility of employees shall be kind of responsibility, which is carried out by employees for committing of a disciplinary misconduct upon performance of their duties of service.
      5. The main method of supporting discipline of an employee shall be a method of persuasion.
      6. For the state of official discipline shall be responsible the heads of special state bodies. They shall be obliged to demand compliance from subordinates, encourage decent, fair to recover from violators.
      7. The manager, who failed to provide the necessary conditions of observance of official channel and requirements of the legislation of the Republic of Kazakhstan, which has not accepted measures on prevention of crimes, committed their concealment, shall bear the responsibility provided by the laws of the Republic of Kazakhstan.
      8. Official responsibilities of managers on maintenance of official discipline, the main evaluation criteria for the development and maintenance of discipline in the assigned units shall be approved by the first heads of special state bodies in the respective job descriptions.
      9. For crimes and misdemeanors committed by employees outside the location of special state bodies in non-work time and that is not related with professional activities or interests of the service, the head shall not bear disciplinary responsibility.
      10. Each employee shall be obliged to facilitate to the manager in the establishment of order and the maintenance of discipline within the department. The employee shall be responsible for avoidance of assistance to the manager.
      11. The right of a manager to give order and responsibility of the subordinate to unquestioningly obey him shall be the main principles of unity of command.

Article 63. Promotion

      1. Promotion shall be positive assessment of the official activity of the employee, which is an important means of his education and strengthening of service discipline.
      2. The promotion shall be applied in relation to employees, faithfully and diligently carrying out service duties and distinguished in the performance of official duty.
      3. Head within the rights granted to him under this Law, shall be obliged to encourage subordinates for exemplary performance of duties and the results achieved in the official activities.
      In that case, when the manager believes that the rights given to him are not sufficient, he may request the promotion of distinguished employees with rights of superior manager.
      4. The most distinguished employees for their deeds and merits to the state, on the basis of the act of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan may be awarded with individual arm.
      5. For special merits employees may be submitted to the state awards in accordance with the legislation of the Republic of Kazakhstan.
      6. Employees may be also applied the following incentives:
      1) removal of the previously imposed punishment;
      2) extraordinary dismissal from the location of special (military) educational institutions (for cadets of special (military) educational institutions);
      3) announcement of gratitude;
      4) awarding a monetary prize;
      5) rewarding with a valuable present;
      6) award with a diploma;
      7) awarding with departmental medals, breastplates and special characters;
      8) rewarding with the honorary title;
      9) the entry into the Book of honor of divisions of a special state body;
      10) the entry on the honors Board of the special (military) educational institutions of the names of the cadets, who have completed special (military) educational institution with a gold medal, as well as encouragement to determine of the first, second and third cadets, who have graduated from special (military) educational institution with the best academic record;
      11) anticipatory assignment of the next special rank;
      12) awarding the next special rank one step higher special ranks provided by the occupied positions.
      The order of application of incentives, provided by subparagraphs 2), 3), 5), 6), 9) and 10) of this paragraph shall be determined by the first head of the special state body.
      7. Upon determining the type of encouragement shall be taken into account the nature of merit or distinction of the employee and his previous attitude towards the service.
      8. For the same difference employee may be declared only one promotion.
      9. Employee with disciplinary action shall be encouraged by removing the previously imposed penalty. The right of removing a disciplinary sanction shall belong to the authorized manager, by whom the penalty has been imposed, as well as superior.
      10. At the same time in the form of promotion may be withdrawn only one disciplinary punishment, at this with the specified form of encouragement the other types of incentives shall not be applied.
      11. Manager and authorized manager before the expiration of six months shall be entitled to remove disciplinary action if it had played its educational role, the employee has not committed another offence, and has corrected his behavior with conscientious performance of official duty.
      12. Incentives shall be declared before the formation or at the meeting of employees.
      The announcement of orders on promotion and awarding of outstanding employees shall be carried out in a solemn atmosphere.
      Footnote. Article 63 as amended by the Constitutional Law of the Republic of Kazakhstan dated 03.07.2013 No. 121-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 64. Offences and penalties

      1. A disciplinary offence of an employee (hereinafter - the offence) shall be unlawful, culpable non-performance or improper performance by an employee of his duties, abuse of power, breach of official discipline, of the rules of official ethics, committing corruption offences, which is punishable by disciplinary measures, as well as failure to comply with limits, established by laws related with staying in service.
      2. Upon committing of a minor offence the manager shall be entitled to limit with a written warning to the employee about the necessity of strict observance of official discipline.
      A written warning shall be brought under signature of the employee, who is registered and sent to the human resources unit to be attached to the personal file of the employee. After expiry of six months it shall be confiscated and destroyed by human resources unit in the established procedure.
      A written warning shall not be a sanction.
      3. In order to prevent violations of employees by decision of the head may be considered and discussed:
      1) common soldiers - at the meeting of the personnel;
      2) the sergeants - at the meetings of sergeants personnel;
      3) officers - the officers meeting.
      4. The misconduct of the officers of the senior officers personnel may be considered and discussed in the officers meetings only of senior and higher personnel, the misconduct of the officers of the higher officers personnel - in the officers meetings only of the higher officers personnel.
      5. In extreme cases of urgency, an employee may be temporarily removed from office before the decision on his liability.
      Temporary suspension from office may be applied to an employee when he committed the offence that prevents the execution of his duties or prevents the execution of official duties of other people or when the execution by an employee of official duties prevents (may prevent) to comprehensive, complete, objective and timely clarification of the circumstances of committing by him of offences, the identification of causes and conditions that contributed to the commitment.
      6. The employee shall be dismissed from office by the head, which granted the right of his appointment to the position.
      Manager, who had dismissed from subordinate position, shall be obliged to report this on command, detailed embody about the reasons and circumstances that caused the suspension.
      Manager, who had dismissed from office a subordinate without good reason, shall bear disciplinary and other liability.
      7. Disciplinary penalty (hereinafter - the penalty) shall be the disciplinary punishment on an employee, that is applied by the authorized manager.
      8. In respect of employees may be applied the following disciplinary penalties:
      1) admonition;
      2) reprimand;
      3) severe reprimand;
      4) warning on incomplete service conformity;
      5) reduction in special rank by one degree;
      6) dismissal from the service by negative motives.
      9. In respect of cadets of special (military) educational institutions shall be applied the following disciplinary sanctions:
      1) admonition;
      2) appointment to the outfit out of turn (except for appointment to the outfit in the protection of units);
      3) deprivation of another dismissal from the location of special (military) educational institutions;
      4) reprimand;
      5) severe reprimand;
      6) expulsion of a special (military) educational institutions.
      10. The employee, who has committed the offence may be imposed only those penalties that are defined in this Law.
      11. Penalties upon the offense committed by a group of employees shall be imposed on each of the guilty individually, depending on the measure of his responsibility.
      12. For the same offense to impose several penalties or connect one collection to another, to impose a penalty for all members of the unit instead of punishment to direct perpetrators shall be prohibited.
      13. The imposition of a penalty shall not exempt the employee, who has committed the offence from execution of duties for non-performance or improper performance of which has been imposed a penalty.
      14. If an authorized manager in view of the gravity of committed offense by subordinates believes that provided disciplinary law is insufficient, he shall intercede for imposing penalties on the guilty rights of superior manager.
      15. Senior manager shall be entitled to cancel or reduce disciplinary penalty, imposed by a subordinate head, because of the severity of punishment, if the latter has not exceeded its competence.
      16. Senior manager shall be entitled to cancel the suspension of imposed by the subordinate head, if he finds that specified penalty does not match the severity of the offense and to impose stricter penalties.
      In case of illegal recovery of penalty it may be cancelled by the rights of the superior manager.
      The manager, who illegally recovered penalty, shall be bear responsibility for it.
      17. Application to the employee of penalties shall not release him from other types of responsibility provided by the Law.
      18. Penalty, imposed on employees, shall be obliged to correspond to the gravity of their offence and the degree of their guilt.
      The severity of the penalty shall be increased if the convict repeatedly commits misconduct or participants in group offence, if the offence is committed during the military duty, attire, in the performance of official duties or in the condition of alcoholic, narcotic, psychotropic, toxic intoxication (or their equivalents).
      19. The imposition of penalty on an employee that is part of daily assignments (bearing on duty), for offences, committed during military service, shall be carried out after a change of attire or by replacing it by another employee.
      20. Upon recovery of penalty on the employee humiliation of his personal dignity, causing him physical and moral suffering and manifestation in relation to him shall be prohibited.

Article 65. The procedure of the internal investigation

      1. Internal investigation shall be activities on collecting and checking of materials and information about violation by the employee for the purposes of comprehensive and objective clarification of circumstances of its commitment.
      2. An internal investigation shall be conducted to identify the causes and conditions that contributed to the commitment, to determine responsibility, and to ensure the principle of inevitability of punishment or exclusion unjustified involvement of the employee to justice.
      3. The grounds for carrying out internal investigation may be:
      1) reports, statements, complaints and letters;
      2) the facts of violations and accidents;
      3) results of audits;
      4) the results of the validation of the training, operational and service of units;
      5) the message of bodies of inquest, investigation and court;
      6) messages of officials, organizations and mass media;
      7) case papers, received from the relevant state bodies to resolve the issue of bringing the employee to disciplinary liability for the commitment of offences under the anti-corruption law of the Republic of Kazakhstan, as well as legislation of Republic of Kazakhstan on administrative offences.
      4. Internal investigation shall be appointed by order of the authorized manager and shall be conducted by an authorized officer in a period not exceeding fifteen calendar days. In exceptional cases, the period of the internal investigation may be extended by the organizer conducting an internal investigation for a period not exceeding ten calendar days.
      Conducting internal investigations without the presence of the order shall be prohibited.
      5. Upon conducting by an employee of misconduct he in a mandatory manner shall be required a written explanation. If the explanation an employee agrees to the fact of a violation, for the consideration of which does not require obtaining information from other entities, officials or to conduct additional testing measures or check on the spot, then an authorized manager shall be entitled to impose disciplinary penalty, except for penalties in the form of warnings on incomplete service conformity, reduction in special rank by one degree and firing on negative grounds, without the investigation.
      A disciplinary penalty in the form of reduction in a special rank by one degree below and firing on negative grounds shall be imposed on the results of the internal investigation, taking into account proposals of the disciplinary commission.
      In cases, if an employee in his written explanation does not agree with the fact of a violation authorized manager in the period not later than three days from the day of discovery of the offense shall assign an internal investigation in accordance with the procedure provided by this Law.
      6. For carrying out internal investigation the manager shall appoint the authorized officer, by virtue of his position equal to or higher than the position of the employee, who have committed the offence.
      In case of necessity, to obtain conclusions, explanations and consultations on issues requiring special knowledge, to conduct internal investigation may be engaged as experts the employees of corresponding direction of operational activities, as specified in the order.
      In case of necessity, during the conducting internal investigation, the manager may exempt the authorized officer from performing his duties, as specified in the order.
      7. In conducting internal investigations, an employee may not participate, directly or indirectly interested in his results. In this case he shall be obliged to contact the person that made the decision on conducting an internal investigation, with a written report about his release from the participation in conducting this investigation. Upon failure to comply with specified requirement, the results of the internal investigation shall be regarded as invalid.
      8. The employee shall be subjected to disciplinary liability only for the offence in respect of which has been found his guilt.
      9. Guilty of violation shall be the employee, who has committed illegal actions (shown inaction) intentionally or negligently.
      10. The offence shall be considered as intentionally committed, if the person, who committed this action, were aware of the illegality of his actions (inaction), foresaw its harmful consequences and wished or knowingly allowed the occurrence of these effects or treated them indifferent.
      11. The offence shall be considered as committed negligently if the person, who committed this action, foresaw the possibility of the occurrence of the harmful consequences of his actions (inaction), but without sufficient grounds lightly counted on their prevention or had not foreseen the possibility of such consequences, although with proper care and forethought had to and could foresee them.
      12. An internal investigation may be suspended by order of the head in the following cases:
      1) unauthorized leaving of the employee of place of employment;
      2) stay of an employee on vacation, business trip;
      3) diseases of the employee, confirmed in the established by the Law procedure;
      4) conducting a medical evaluation, requiring a long period of time;
      5) in other cases, preventing the internal investigation.
      13. An internal investigation shall be resumed by order of the head, if the grounds for its suspension revolts.
      14. During the internal investigation shall be established:
      1) the content and character of the violation, time, place, method and other circumstances of its commitment;
      2) the existence and nature of the consequences of the offence;
      3) the size of the caused harm;
      4) the person, who has committed the offence;
      5) the circumstances precluding extenuating or aggravating the liability of the employee;
      6) the causes and conditions that contributed to the commitment of the offence;
      7) the data, characterizing the personality of the employee, who has committed the offence;
      8) guilt of an employee in conducting the offence, the presence of intent or negligence, and the motives of committing the offense;
      9) other circumstances relevant for taking decision on bringing an employee to responsibility.
      15. Circumstances mitigating disciplinary responsibility, shall be recognized as follows:
      1) Repentance of employee, who has committed the offence;
      2) voluntary report by the employee on committing the offense to his managers;
      3) prevent of an employee, who has committed a misdemeanor, harmful consequences of the violation, voluntary compensation for the damage or eliminate the caused damage;
      4) committing the offense under the current difficult personal or family circumstances;
      5) committing the offense as a result of coercion;
      6) committing the offense when the breach of proportionality of necessary defence, urgent situations, the arrest of the perpetrators of unlawful violence, the execution of an order or command.
      The head that is applying to the employee penalty may recognize mitigating and other circumstances.
      16. Circumstances, aggravating disciplinary responsibility, shall be recognized as follows:
      1) continuation of unlawful actions (inaction) despite the request of the head to stop it;
      2) the repeated commitment of the same offence, if for the first offense to the worker has already been used penalty and it has not been removed in accordance with the established procedure;
      3) committing the offense by a group;
      4) involvement of a person in committing of the offense;
      5) committing the offense by motives of national, racial and religious hatred or enmity;
      6) committing the offense of revenge for lawful actions of other persons, and also with the purpose to hide other offenses or facilitate its committal;
      7) committing the offense by influencing to the official or his relatives, concerned with performance of his duties;
      8) the commitment of the offense on duty, service in the daily assignment, upon carrying out special tasks, as well as upon emergency situations of natural or technogenic character;
      9) committal of the offence in a condition of alcoholic, narcotic, psychotropic, toxic intoxication (or their equivalents).
      Other circumstances, not mentioned in this Law, may not be considered as aggravating disciplinary liability.
      17. During the internal investigation authorized officer, who is charged with its implementation, shall be entitled to:
      1) receive a written explanation of the employee, who has been called to disciplinary responsibility, as well as from other persons;
      2) collect materials, confirming the culpability of employee in conducting offense;
      3) get acquainted with the relevant documents, if required to attach a copy to the materials of the official investigation;
      4) obtain opinions, explanations and advice from experts on issues requiring special knowledge;
      5) go to the place, where the offense has been committed.
      18. Employees shall be obliged to assist to the authorized officer, assigned to conduct internal investigation, and shall bear personal responsibility for authenticity of the information provided.
      19. Information about the committing an offense by an employee, confirming or refuting the fact of its occurrence may be in any form.
      20. If during the internal investigation it emerged that the violation of the employee contains signs of crime, the manager shall immediately report to superior manager.
      21. The authorized officer shall report the results of an internal investigation in written form to the head that has appointed investigation.
      After the report the authorized officer shall be obliged to bring the materials of the internal investigation to an employee in respect of which it has been held, under a his signature with the obligatory reflection of his agreement or disagreement with the conclusions and suggestions of internal investigation.
      22. The employee, in respect of which has been conducted an internal investigation, shall be entitled to:
      1) give a written explanation on the merits of the ongoing internal investigation;
      2) make motions, present evidence and other documents;
      3) appeal against decisions and actions (inaction) of officials conducting internal investigation, to the head of the special state body or the authorized manager, who made the decision on conducting an internal investigation;
      4) after the internal investigation get acquainted with the report and other materials, if it does not contradict to the requirements of disclosure of information, constituting state secrets and other secrets protected by the Law.
      23. Materials of official investigation in relation to employees, who on the grounds of this Law are subjected to dismissal on negative grounds that the imposition of a disciplinary sanction in the form of decrease in a special rank by one degree, and those who disagree with the conclusions and suggestions of the internal investigation, shall be subjected to consideration of the disciplinary commission.
      24. If the employee, against whom the internal investigation is being conducted, refuses to give written explanations shall be documented a relevant act. His refusal shall not suspend the holding of an internal investigation. In this case, the employee shall be heard by the disciplinary commission.

Article 66. Procedure of formation and work of the disciplinary commission

      1. Disciplinary commission is permanent collegial advisory and consultative body, created in the special state bodies for consideration of materials of internal investigation and investigation of the facts, regarding violations of the employee, for comprehensive, full and objective circumstances of commitment of the offense and make recommendations on the amount of penalty to the person, committed an offense.
      2. The disciplinary commission shall be created in the special units of the state bodies.
      3. The members of the disciplinary commission shall be elected by open vote at a meeting of the personnel of subdivisions from among the most experienced and trusted officers. The number of members of the disciplinary commission shall be odd and not less than three persons.
      4. The composition of the disciplinary commission shall be approved by the order of the authorized of the head. The Chairman of the commission shall be appointed from among one of the deputy of authorized head. The representative of the human resources unit shall be appointed by the secretary. The secretary of the disciplinary commission shall not be a member.
      5. Violations of authorized managers and their deputies shall be considered to disciplinary commissions of the superior special state body. Offenses of senior officers shall be considered by the disciplinary commission only from among senior officers, the offenses of senior officers by disciplinary commission from among the senior officers.
      6. Member of the disciplinary commission shall not be entitled to participate in consideration of the materials of the internal investigation and the investigation of the facts, regarding violation of his boss, a close relative or legal relative, and if there is reason to believe that a member of the disciplinary commission has a direct or indirect interest in taking a relevant decision.
      7. The disciplinary commission at its meeting shall consider materials of internal investigation and investigates the facts, regarding the offense. The disciplinary commission may hear the explanations of the employee, in respect of who has been conducted internal investigation, and authorized officers, who has conducted an internal investigation.
      Upon necessity, the disciplinary commission shall also be entitled to hear witnesses and experts, to request materials and to investigate any facts, regarding violation (the incident).
      8. Suggestions of the disciplinary commission shall be taken by open vote by a simple majority of votes of the total number of members of the disciplinary commission.
      The members of the disciplinary commission shall be obliged to definitely express their opinion and not to abstain from voting.
      In case of equality of votes the vote of the chairman shall be decisive.
      9. The disciplinary commission within three working days from the day of receiving the materials of the internal investigation shall submit relevant suggestions to the head on disciplinary liability of an employee.

Article 67. Functions and authority of the disciplinary commission

      1. The disciplinary commission shall perform the following functions:
      1) consideration of materials of official investigation on violations of the employee;
      2) elaboration and submission to the authorized head of the suggestions on the application of types of penalties.
      2. The disciplinary commission to implement functions within the scope of its competence shall be entitled to:
      1) hear the explanations of the employee, who has committed a offense, witnesses and officials, conducted an internal investigation;
      2) request the materials, information and explore any facts of violation (the incident).
      3. The chairman of the disciplinary commission shall:
      1) direct the disciplinary commission, organizes and carry out administrative authority with its work;
      2) determine the agenda of meetings of the disciplinary commission;
      3) upon receipt of materials of an internal investigation determine time of the session of the disciplinary commission. In the absence of the chairman of the disciplinary commission on his authorization shall preside at the meetings of one of the members of the disciplinary commission;
      4) define reporter on specific issues, considered at the session of the disciplinary commission.
      4. The secretary of the disciplinary commission shall:
      1) inform the members of the disciplinary commission about the time and place of meetings of the disciplinary commission;
      2) organize the preparation of materials for meetings of the disciplinary commission;
      3) keep protocol of meetings of the disciplinary commission;
      4) submit suggestions of the disciplinary commission to the head;
      5) on behalf of the chairman of the disciplinary commission carry out other functions.
      5. The members of the disciplinary commission shall be prohibited to disclose information, which became known to them in the course of consideration of materials of internal investigations.
      6. Meetings of the disciplinary commission shall be held as necessary.
      Meetings of the disciplinary commission shall be entitled upon presence of two thirds of the total number of members of the disciplinary commission, but not less than three persons. The members of the disciplinary commission shall participate in meetings without the right of replacement.
      7. The members of the disciplinary commission shall be obliged to be notified and informed of prior to the meeting on the day, place of meeting, its agenda and materials for the meeting.
      8. At the meeting of the disciplinary commission the participation of the employee in respect of who has been conducted an internal investigation shall be necessarily.
      9. The decision of the disciplinary commission shall be documented with a protocol, which is signed by the chairman, the members of the disciplinary commission and the secretary.

Article 68. The procedure of taking a decision on recovery of penalty

      1. The authorized manager on the basis of the materials of an internal investigation and proposals of the disciplinary commission shall take a relevant decision on imposition of penalty.
      2. According to the results of the internal investigation authorized manager shall be obliged to develop and implement measures on prevention offences by issuing an order, responsible for the preparation of which is the official authorized person, appointed for conducting an internal investigation.
      3. Recovery of disciplinary penalty (except in cases of urgency) on an employee, who has committed a offense, shall be conducted not sooner than in three days from the moment of discovery of the violation, to better understand the circumstances of the breach of official discipline.
      4. Penalty shall be imposed not later than one month from the date of discovery of the offense and not later than six months from the date of its commitment.
      In cases of refusal to initiate criminal case or termination of the criminal case, but with the presence of actions of an employee of the elements of a disciplinary offence, administrative offence, the penalty shall be imposed not later than one month, with signs of corruption offences the penalty shall be imposed not later than three months from the date of taking decision on refusal in initiation of criminal case or on its termination.
      In case of commitment by an employee of a corruption offence or offences, creating conditions for corruption, disciplinary action shall be imposed not later than three months from the date of detecting the disciplinary offence and may be imposed later than one year after the commitment of a disciplinary offense.
      A disciplinary penalty on an employee may not be imposed in the period of his temporary disability, while being on vacation or business trip, as well as on expiry of the period of limitation for bringing to disciplinary responsibility established by this Law and the legislation of the Republic of Kazakhstan.
      For the period of illness, vacation, business travel of an employee the term for imposition of disciplinary penalty shall be suspended.
      5. For shortcomings in the service and organization of professional-service training and educational process for staff, arriving for service career after graduating from the special (military) educational institution, measures of disciplinary responsibility shall be allowed to be used not earlier than six months after taking office.
      6. At joint performance of individual tasks by employees, who are not subordinate to each other, when their service relations are not determined by the authorized manager, senior of them ex officio and under equal posts the senior in special title shall be the head and shall enjoy a disciplinary rights granted to him by virtue of his position.

Article 69. Procedure of announcement of penalties

      1. Penalties for employees shall be announced by order of the authorized head, ordered the conducting an internal investigation.
      2. The order on imposition of a disciplinary penalty shall be notified to the employee, brought to disciplinary responsibility, under signature within three working days from the date of publication.
      3. Refusal to familiarize with the order on imposition of a disciplinary penalty shall be formalized with act, which is prepared by the human resources department of the special state body and shall be attached to the materials of the internal investigation.
      4. On imposed penalties to senior officers shall be declared only in the presence of higher officers, to higher officers only in the presence of higher officers.
      5. To declare a disciplinary penalty authorized managers and their deputies in presence of subordinates shall be prohibited.
      6. Upon declaring penalty the employee shall be specified the reason for punishment, and what is the offense.

Article 70. Remission of penalty

      1. The employee shall be recognized as not having penalties:
      1) after their removal by the relevant competent supervisor in procedure of encouraging before the expiration of six months from the date of imposition on him of the last punishment;
      2) upon expiration of six months from the date of imposition of a last penalty, except for cases provided by the first and second parts of paragraph 2 of article 28 of this Law.
      2. The remission of penalty in order to encourage shall be carried out by the edition of the order of an authorized manager, who has imposed this penalty, or by the top manager.
      3. To remove penalty in order to encourage from a subordinate, that is previously imposed by the higher manager the immediate supervisor of the employee shall make a corresponding petition.
      The authorized manager, who has imposed this penalty, shall be obliged to consider the petition within a period not later than ten calendar days from the date of its receipt.
      4. Penalty that has not been removed by the day of dismissal from service of an employee shall be considered as withdrawn upon expiration of six months from the date of imposition of a last penalty.
      5. The remission of penalty shall be documented by the relevant record in the personal business of an employee.
      6. If imposed on an employee penalty has not been removed in order of encouraging, upon expiration of six months in the corresponding column of the section "Penalties" shall be made a mark that penalty has been removed on expiry of the period of limitation.
      Footnote. Article 70 as amended by the Constitutional Law of the Republic of Kazakhstan dated 03.07.2013 No. 121-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 71. Guarantees of the rights of employees upon attracting them to disciplinary responsibility

      1. Involvement of an employee to disciplinary responsibility shall be prohibited:
      1) in case of absence of the fact of the violation;
      2) if his action (inaction) is not illegal;
      3) repeatedly for the same disciplinary offence;
      4) on expiry of the period of limitation for bringing to disciplinary responsibility established by this Law and the legislation of the Republic of Kazakhstan;
      5) in case of his exclusion from lists of personnel in connection with the dismissal from service.
      2. In case of disagreement of an employee with the order on bringing to disciplinary responsibility, he shall be entitled to appeal in written form against this order in the superior division of the special state body or in court.
      3. The order on attracting employee to disciplinary responsibility may be appealed by him in accordance with the procedure provided by the Law of the Republic of Kazakhstan.
      4. The head of the superior departments of a special state body on the results of consideration of the complaint within one month shall be obliged to give one of the following opinions:
      1) on affirming the order on attraction of an employee to disciplinary responsibility;
      2) On cancellation of the order on bringing an employee to disciplinary responsibility, made with violations of the requirements of this Law, and to prosecute an authorized manager, who illegally imposed a penalty;
      3) On issuing a new order on imposition of a more severe penalty, if the penalty has been imposed in compliance with the requirements of this Law, but does not match the severity of committed offense.
      5. Appeal against the decision on imposition of penalty shall not suspend its execution.

Chapter 9. Cash security and social protection of employees

Article 72. Cash security of employees

      1. Employees shall be provided with cash allowances established on the basis of a unified system of labour payment of workers of bodies of the Republic of Kazakhstan, financed by the state budget, approved by the President of the Republic of Kazakhstan.
      2. Cash allowance shall include monetary pay (base salary and the salary for special rank), allowances for special conditions of service career and other allowances, provided by the legislation of the Republic of Kazakhstan.
      3. In cases of an employee be at the disposal of the authorized manager, provided by subparagraphs 1) and 2) of paragraph 4 of Article 33 of this Law, an employee shall be provided with monetary allowances of last occupied until position till the withdrawal of the available positions.
      In the cases provided by subparagraph 3) and 4) of paragraph 4 of Article 33 and paragraph 5 of Article 64 of this Law, to the employee shall be made salary payments on titles.
      4. With the provision of annual leave, the employees shall be paid benefit for health improvement in the amount of two official salaries regardless of the length of the leave.
      In the case of providing to the employee an annual leave in parts benefit for health improvement shall be paid in the first part of the leave.
      5. The procedure of cash security and for calculating the length of service (work) for the calculation of official salaries and allowances for the health improvement of staff shall be approved by the first heads of special state bodies.

Article 73. Social protection of employees

      1. The employees (except for cadets of the special (military) educational institutions) shall be paid monetary compensation for house maintenance and utilities in the amount defined by the Law on the Republican budget, in accordance with the procedure provided by the Government of the Republic of Kazakhstan.
      2. Pension security, social insurance, the payment of other benefits to employees shall be carried out in accordance with the legislation of the Republic of Kazakhstan.
      Assigning pension payments at the expense of budget funds to employees, lump-sum payments for burial and lump-sum allowances to families of deceased recipients of pensions from the set of staff shall be carried out by competent units of special state bodies, in which employees had served at the date of dismissal.
      The status of the recipient of pension payments shall be confirmed by the pension certificate in the form established by the first head of the relevant special state body.
      3. Employees shall be provided at the expense of the state with special uniforms and other clothing property according to the norms established by the Government of the Republic of Kazakhstan, taking into account features of service career. The employees (except for cadets of special (military) educational institutions) to replace lost items of clothing and equipment shall be paid monetary compensation in accordance with the procedure defined by the first head of the special state bodies.
      4. Certain categories of employees shall be provided with food in accordance with the procedure and according to the norms provided by the Government of the Republic of Kazakhstan taking into account features of service career.
      5. The employees (except for cadets of special (military) educational institutions) shall be entitled to compensation of expenses for the transportation on the territory of the Republic of Kazakhstan upon:
      following in-patient treatment on medical grounds and back;
      adherence to a medical examination (certification) and back on the basis of a direction, issued in accordance with the procedure provided by the Government;
      moving on service;
      dismissal from service, except cases provided in subparagraphs 4), 6), 7), 11) - 13) of paragraph 1 of Article 49 of this Law.
      Compensation of costs shall be carried out in accordance with the procedure and according to the norms established by the Government of the Republic of Kazakhstan.
      6. The employees (except for cadets of special (military) educational institutions) while moving on service, associated with moving from one place to another on the destruction of more than fifty miles, shall be paid first settlement allowance in the amount of two-month allowance for the employee and half of the monthly allowance for each member of the family, who have moved with him, in accordance with the procedure defined by the first head of the special state bodies.
      7. The employees (except for cadets of special (military) educational institutions) shall be entitled to compensation of expenses on transportation of up to 10 tons of own property upon moving on service and termination of employment, except cases provided in subparagraphs 4), 6), 7), 11) - 13) of paragraph 1 of Article 49 of this Law, in accordance with the procedure provided by the Government of the Republic of Kazakhstan.

Article 74. Provision of housing of employees

      The employees (except for cadets of special (military) educational institutions) shall be provided with accommodation in accordance with the procedure provided by the Law of the Republic of Kazakhstan "On housing relations".

Article 75. Medical support of employees

      1. Medical support of employees shall be carried out at the military medical units and institutions of the national security bodies (hereinafter - the military medical units) at the expense of the state.
      In the absence on the place of service career of employees or the place of residence of military medical units or the absence of the corresponding departments, specialists or special equipment medical care shall be delivered in medical institutions in the framework of the guaranteed volume of free medical aid.
      Compensation of expenses to medical institutions for delivering medical care to employees shall be carried out at the expense of the state budget in accordance with the procedure provided by the Government of the Republic of Kazakhstan.
      2. Mean that has been spent on treatment shall be compensated to employees by special state body, in which they serve in accordance with the procedure determined by the Government of the Republic of Kazakhstan.
      3. Employees that got injured, contusion, traumas, maim or illness during the service career, shall be directed to sanatorium-resort treatment at the expense of special state bodies in which they have served.
      4. In case, if the employee is unable to arrive at the service, he shall be obliged to inform about his illness to immediate supervisor by any means available.
      5. The advice of a doctor of full or partial release of the employee from performing the duties of service (official duties) shall be mandatory to execution by officials.

Article 76. The particularities of social protection of employees, serving in positions of common soldier personnel and sergeants

      1. Employees, carrying service in special state bodies on the positions of common soldier and sergeants, who served at least eight years in a calendar year calculations, shall be entitled to compensation of expenses for training in higher educational institutions of the Republic of Kazakhstan for a fee in the amount of fifty percent of the cost of education at the expense of budgetary funds. This privilege shall be applied once.
      2. The compensation of specified costs to an employee shall be carried out by special state body, in which the employee is currently serving.
      3. Organization of education of the Republic of Kazakhstan, in which enrolled employees with the right to compensation of expenses for training in higher educational institutions of the Republic of Kazakhstan, shall send to the indicated special state bodies an authorized copy of the order on admission of an employee to the organization of education for opening a funding.
      Upon moving an employee to another educational organization the size of compensation of expenses for training in higher educational institutions of the Republic of Kazakhstan shall be subjected to adjustment.
      4. Upon granting to an employee of an academic leave, he shall remain the right to compensation of expenses for training in higher educational institutions of the Republic of Kazakhstan with the interruption of financing of his education in the period granted for an academic leave.
      5. An employee, who is entitled to compensation of expenses for training in higher educational institutions of the Republic of Kazakhstan, shall be guaranteed the continuation of funding in the other higher education institutions in cases of liquidation and reorganization of educational organizations, suspension of activity, withdrawal of the license of the organization of education, in which he was taught (trained).
      6. Employees, who hold positions of common soldier and sergeants, shall be paid lump-sum payment for the successful completion of the term of the contract on service career in special state bodies on the basis of the report of the head, confirming the impeccable performance of service duties and terms of the contract, depending on the contract term in the following amounts:
      3 years - in the amount of 1 official salary;
      5 years - in the amount of 10 official salaries;
      10 years - in the amount of 20 official salaries.
      Payment of specified cash remuneration shall be made not later than one month after the end of the relevant term of the contract.
      In case of dismissal of an employee, who has a contract until reaching the age limit condition at the service, the lump sum cash remuneration, shall be paid for the duration of the contract in an amount of two official salaries for each full year of service.
      Upon receipt by the employee of a wound, contusion, traumas, maim or illness that is not compatible with the further course of the service, in the period of their service career in the special state bodies, lump-sum remuneration shall be paid in full amount.
      Lump-sum monetary remuneration shall not be paid in the cases, when in accordance with the procedure provided by the legislation of the Republic of Kazakhstan it is proved that wound, contusion, traumas, maim or illness,that is not compatible with the further service career in the special state bodies, have come upon commitment of an employee of illegal actions, or by reason of alcohol, narcotic, psychotropic, toxic intoxication (their analogues) or by causing to itself of any bodily injury (self-mutilation) or other harm to their own health with the purpose of evasion from service in special state bodies or obtaining of material benefits.
      In case of death of an employee during the period of their service career in the special state bodies lump-sum remuneration shall be paid to his heirs in full amount.

Article 77. The particularities of social protection of cadets of special (military) educational institutions

      1. Cadets of special (military) educational institutions shall be provided at the expense of the state with special uniforms and other clothing property according to the norms provided by the Government of the Republic of Kazakhstan, taking into account particularities of service career.
      2. Cadets of special (military) educational institutions, located in the barracks, shall be provided with food according to the norms provided by the Government of the Republic of Kazakhstan taking into account the particularities of service career.
      3. The cadets of the first and second courses of special (military) educational institutions for postal items shall be paid monetary compensation in the amount determined by the Government of the Republic of Kazakhstan.
      4. Cadets of special (military) educational institutions shall be entitled to compensation of expenses in accordance with the procedure and according to the norms provided by the Government of the Republic of Kazakhstan for travel cost:
      1) by railway, air, water and automobile transport on the territory of the Republic of Kazakhstan while following in-patient treatment and back;
      2) by railway, water and automobile transport on the territory of the Republic of Kazakhstan at dismissal from service in special state bodies, except for the cases provided by subparagraphs 4), 6), 7), 11) - 13) of paragraph 1 of Article 49 of this Law, and upon travelling on vacation and back.
      5. Cadets of special (military) educational institutions upon departure on holiday shall be paid monetary compensation in return ration on the norms provided by the Government of the Republic of Kazakhstan.
      6. In case of death of a cadet of special (military) educational institution or after his dismissal from service due to injuries (contusion), diseases, obtained during the service career, lump-sum compensation in the amount of 500 monthly calculation indexes shall be paid to his heirs.
      7. Lump-sum compensation upon establishing to a cadet of special (military) educational institutions of disability, received in the period of their service career in the special state bodies or caused as a result of contusion, mutilation, diseases, associated with the service career in a special state bodies, before the expiration of one year from the day of dismissal from service shall be paid in the amount:
      For disabled person of group I - 250 monthly calculation indexes;
      For disabled person of group II - 150 monthly calculation indexes;
      For disabled person of group III - 50 monthly calculation indexes;
      8. In case of receiving of a cadet of special (military) educational institutions upon execution of official duties in the special state bodies of heavy mutilation (wound, injury, contusion), not entailing disability, he shall be paid a lump sum compensation in the amount of:
      For heavy mutilation – 12 monthly calculation indexes;
      For lung mutilation – 4 monthly calculation indexes.
      9. The lump-sum compensation shall be made in accordance with the procedure provided by the Government of the Republic of Kazakhstan.
      10. Lump-sum compensation shall not be paid if in accordance with the procedure provided by the legislation of the Republic of Kazakhstan it is proved that the loss (death) of a cadet or received by him injury has occurred:
      1) In the result of a suicide, except for cases driving to suicide;
      2) upon commitment of crimes or administrative offences;
      3) as a result of the use or application of substances that cause the condition of alcoholic, narcotic, psychotropic, toxic intoxication (their analogues);
      4) as a result of intentional causing to itself any bodily injury (self-mutilation) or other harm to their health with the purpose of receiving a lump-sum compensation or evasion from service;
      5) as a result of the activities of a cadet, who has violated the terms of the contract on service career.

Article 78. Social protection of family members of employees

      1. The family members of employees (of officers), as well as persons, who depend on them, shall be entitled to free medical assistance in military medical units. For outpatient treatment medicines to the family members shall be released for a fee, with the exception of cases when it is free of charge in accordance with the legislation of the Republic of Kazakhstan.
      2. In the absence on the place of service career of the employees or the place of residence of military medical units or the absence of the corresponding departments, specialists or special equipment medical care shall be delivered in medical institutions in the framework of the guaranteed volume of free medical aid.
      3. Rights and privileges of family members of employees (of officers), specified in paragraph 1 and 2 of this Article, shall extend to family members of employees (of officers), who are dismissed on age, state of health or the downsizing of staff and have served twenty or more calendar years.
      4. Family members of employees (except for cadets of special (military) educational institutions), permanently living together with them, shall be compensated expenses for transportation through the territory of the Republic of Kazakhstan upon moving the employee as well as upon leaving of an employee the service, except cases as provided in subparagraphs 4), 6), 7), 11) - 13) of paragraph 1 of Article 49 of this Law, in accordance with the procedure and according to the norms of provided by the Government of the Republic of Kazakhstan.
      5. Family members of employees (of officers) of a victim or of an acquired a disability during the course of the service, shall be remained the right to receive medical care in military medical units at the expense of the state.
      6. Family member of employees or soldier, who was killed (died) during service career in special state bodies have, shall be entitled to gratuitous privatization of the provided premises (with the exception of service housing provided to the employees since 1 January, 2013 from the housing fund of the special state bodies) regardless of the length of service of the dead.
      Specified privilege shall be applied in respect of family members of servicemen of the national security bodies, the authorized body in the field of foreign intelligence and security service of the President of the Republic of Kazakhstan of killed (dead) when performing military service, who have not enjoyed the right of privatization of residential premises (service housing or homes, equivalent to the service) prior to entering into force of this Law.
      7. Children of employees, who died or acquire a disability during the course of the service, shall be entitled to enroll in military schools and cadet corps out of the competition, and children, who have reached the threshold level scores at the statutory requirements for applicants, shall be enrolled in special (military) educational institutions of the Republic of Kazakhstan out of the competition.
      8. The children of the employees, including those who died or disappeared during the service, local executive bodies shall be out of turn places in pre-school institutions of the place of residence, payment shall be charged at the amount, provided for state pre-school institutions.
      9. Family members of the dead recipient of pension payments for long service from the staff, regardless of eligibility for survivor's pension, shall be paid a lump-sum benefit: to a wife (husband) in the amount of three-month pension of payment of family provider and on each disabled family member, - in the size of monthly pension payments of family provider, paid to him for the day of death.
      In determining the amount of the lump sum payment, provided for by this paragraph, to the number of family members, entitled to a benefit, shall be included: wife (husband), regardless of age and disability; children under the age of 18 or older if they became invalids before the age of 18 or has served on the day of death of the family provider as students in full-time educational institutions and under the age of 23; dependent on a deceased parents under the age established by the legislation of the Republic of Kazakhstan retirement age or are disabled.
      10. The benefits, specified in paragraphs 5 and 7 of this Article shall apply in relation to members of families of the servicemen of the national security bodies, the authorized body in the field of foreign intelligence and security service of the President of the Republic of Kazakhstan of killed (died) or acquire a disability during passage of military service before the entry into force of this Law.
      Marginal note. In this Article under the family members of employees shall be understood as: spouse, joint or one of the spouses, children under the legal age (adopted children, dependent on them or under guardianship); children (adopted children, dependent on them or under guardianship) and children of a spouse, who is studying in institutions of education in full-time education under the age of 23; disabled children (adopted children, dependent on them or under guardianship) and disabled children of spouse under the age of 18; parents and parents of the spouse, dependent on employee.
      In this Article, the persons, who are dependent, shall be family members of employees, living at the expense of his income and not having an independent source of income.

Article 79. Social protection of the employees, dismissed from service in special state bodies

      1. The employees (except for cadets of special (military) educational institutions) at dismissal from service in special state bodies:
      1) old-age, sickness, to a limited state of health or redundancy of staff shall be paid lump-sum allowance in the following sizes:
      to having served years in a calendar year:
      from 10 to 15 years - four-monthly monetary allowances;
      from 15 to 20 years - five monthly monetary allowances;
      from 20 to 25 years - six- monthly monetary allowances;
      from 25 to 30 years - a seven- monthly monetary allowances;
      over 30 years - eight months ' monetary maintenance;
      1-1. sickness, limited state of health and retrenchment of staff to having served less than 10 years shall be paid lump-sum allowance in the amount of three-month monetary allowances.
      The employees, dismissed from service in the cases provided by subparagraphs 4), 6), 7), 10) - 13) of paragraph 1 of Article 49 of this Law, a lump sum allowance shall not be paid. Lump-sum allowance to the employees dismissed in connection with transfer to military service, service in law enforcement bodies or other special state bodies shall not be allowed.
      2. Upon dismissal of the employee after the repeated (next) enlistment to military service or service in state bodies the size of payment of a lump-sum allowance shall be determined based on previously paid benefits.
      3. Employees, awarded in the period of service career in special state bodies with state awards - the orders, the size of the lump sum shall be increases by two months ' payment of monetary allowances.
      4. For employees, dismissed from service in special state bodies on age, health condition or the downsizing of staff and having served twenty or more calendar years, shall be remained the right to medical support at the expense of the state in the military medical units.
      In the absence of military medical units at their place of residence or the absence of the corresponding departments, specialists or special equipment medical assistance shall be delivered in medical institutions in the framework of the guaranteed volume of free medical aid.
      Compensation of expenses to medical institutions for medical care within the guaranteed volume of free medical care to specified persons shall be carried out at the expense of the state budget in accordance with the procedure provided by the Government of the Republic of Kazakhstan.
      5. Participants and invalids of the Great Patriotic war of 1941-1945, other participants of combat and peacekeeping operations, the employees, dismissed from service in special state bodies, received a disability because of a wound, contusion, traumas, maim or illness received in the performance of duties of service in special state bodies, shall have the priority right to medical care and sanatorium-resort therapy.

Article 80. Compensation in case of death or getting maimed

      1. In case of death of an employee during service career or after his dismissal from service due to injuries (contusion), diseases obtained during the service career, his heirs shall be made a payment of compensation in the amount of six-monthly monetary allowance on the last position on the day of death.
      2. Lump-sum compensation upon establishing to an employee of disability, received in the period of their service or resulting in contusion, mutilation, diseases associated with the service career, before the expiration of one year from the day of dismissal from service shall be paid in size:
      For disabled person of group I – thirty- month monetary allowances;
      For disabled person of group II – eighteen- month monetary allowances;
      For disabled person of group III – six- month monetary allowances;
      3. In the case of getting by an employee on execution of service duties of severe mutilation (wound, injury, contusion), not entailing disability, he shall be paid a lump sum compensation in the amount of the half-and-month monetary allowances; and lung injury - half of the monthly monetary allowances.
      4. The order of payment of lump-sum compensation shall be established by the Government of the Republic of Kazakhstan.
      5. Lump-sum compensation shall not be paid if in accordance with the procedure provided by the legislation of the Republic of Kazakhstan it is proved that the loss (death) of an employee or received injury have occurred:
      1) as a result of suicide, with the exception of cases of bringing to suicide;
      2) upon committing crimes or administrative offences;
      3) as a result of the use of substances that cause the condition of alcoholic, narcotic, psychotropic, toxic intoxication (their analogues);
      4) as a result of intentional causing to itself any bodily injury (self-mutilation) or other harm to their health with the purpose of receiving a lump-sum compensation or evasion from service;
      5) as a result of the activities of a cadet, who has violated the terms of the contract on service career.

Article 81. Compensation of expenses for burial

      1. The burial of employees, who died during the service career or died as a result of mutilation (wound, injury, contusion), the disease shall be made at the place of service or at the request of their relatives elsewhere. All expenses related to preparation to transportation of the body, transportation of the body, burial, production and installation of a gravestone monument shall be carried out by special state bodies, in which the employees had carried service in the amount provided by the Government of the Republic of Kazakhstan.
      Giving honor to the employees at the burial shall be carried out in accordance with the procedure determined by the first heads of special state bodies.
      3. Specified provisions shall apply to the employees, dismissed from service in special state bodies on reaching the age limit state in the service, the state of health or in connection with staff reduction, with the total length of service of 25 years and more, and also participants of the Great Patriotic war of 1941-1945, combat and peacekeeping operations on the territory of the other states, regardless of the total length of service in special state bodies.

Article 82. Other measures of social protection of employees

      1. Employment of the employees, dismissed from service in special state bodies, the acquisition of professions, employment of persons, dismissed from service in special state bodies, without the right to a pension, shall be made in accordance with the legislation of the Republic of Kazakhstan on employment.
      2. First heads of special state bodies to certain categories of employees may be counted seniority experience of their work before enrolling in service as provided with procedure.
      3. Service in areas with severe climatic and ecological conditions of the limited timeframe and the procedure for its completion shall be determined by the legislation of the Republic of Kazakhstan.

Chapter 10. Financial and logistical support of special state bodies

Article 83. Financial provision of special state bodies

      1. Financial provision of special state bodies shall be carried out at the expense of the republican budget.
      2. The procedure of financing of expenditure, related to the implementation of intelligence, counter-intelligence and other operational-search activity in secret (non-public) form, shall be determined by regulatory legal acts of special state bodies.

Article 84. Logistics provision and property of special state bodies

      1. Logistical support of special state bodies shall be carried out at the expense of the republican budget.
      2. Property of special bodies shall be a republican and shall be located on the right of operative management.
      3. Special state bodies shall have a home office, procedure of formation and provision of which is established by the Government of the Republic of Kazakhstan. Dwellings provided from the housing fund of the special state bodies to the employees from 1 January, 2013, except in cases provided by this Law may not be privatized.
      4. Norms of supply, the procedure of transmission, implementation, utilization, and disposal of property, as well as the provision on property lease (rent) of immovable property of special state bodies shall be determined by the Government of the Republic of Kazakhstan.
      5. Immovable property, not used by special state bodies in peacetime, shall be subjected to conservation through the budget means or may be passed on property lease (rent) in accordance with the procedure provided by the Government of the Republic of Kazakhstan.
      6. The organization, created or to be created for ensuring the activities of the special state bodies shall be beyond privatization.

Chapter 11. Final and transitional provisions

Article 85. Transitional provisions

      1. The contract on passage of military service, concluded by employees before the entry into force of this Law shall have effect for the periods at which they have been concluded.
      2. The provisions of paragraph 6 of Article 76 of this Law shall not apply to persons, who received a monetary reward at the conclusion of the contract on passage of military service.
      3. Employees, who before November 30, 2011, has been promoted to the rank of ‘lieutenant colonel’, term of service in the specified military or special rank shall be set five years.
      4. Employees, who transferred from military service in special state bodies in connection with the adoption of this Law and to which has been changed the limit ages status to military service with the Law of the Republic of Kazakhstan "On military duty and military service", shall be entitled to resign or retire upon reaching the following limiting age:
      1) to lieutenant colonel inclusive - forty-five years;
      2) to colonels - fifty-three years;
      3) to colonels, whose rank was given until July 21, 2005 - fifty years;
      4) to major general and lieutenant general - fifty-eight years;
      5) to major general and lieutenant general, whose military rank was given until July 21, 2005 - fifty-five years;
      6) to general-colonel - sixty years.
      5. The employees (except for cadets of special (military) educational institutions) until 1 January, 2013 shall be provided with accommodation in accordance with the procedure provided for servicemen with the Law of the Republic of Kazakhstan "On status and social protection of servicemen and members of their families".
      6. Employees, who have been provided in the period before January 1, 2013 with service housing or housing, equivalent to the service, shall retain the right to stay in this house, and also the right to privatization, provided for servicemen by the Law of the Republic of Kazakhstan "On housing relations".

Article 86. The order of the entry into force of this Law

      This Law shall be enforced upon expiry of ten calendar days after its first official publication.

      The President
      of the Republic of Kazakhstan              N. Nazarbayev