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The position of the Commissioner for ethics

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POSITION

about the ethics commissioner

 

1. General Provisions

1. The Commissioner for Ethics is a public servant who carries out activities to ensure compliance with the norms of official ethics and prevention of violations of the legislation on public service, counteracting corruption and the Code of Ethics for civil servants of the Republic of Kazakhstan (hereinafter - the Code of Ethics), as well as advising civil servants within their functions and citizens.

2. The Commissioner for Ethics is guided in its activity by the laws of the Republic of Kazakhstan of November 23, 2015, "On the Civil Service of the Republic of Kazakhstan", on November 18, 2015 "On Combating Corruption", the Code of Ethics, this Regulation, and other acts of legislation of the Republic of Kazakhstan.

The independent position of the ethics commissioner is introduced in the central state bodies (with the exception of law enforcement and special state bodies, as well as the Ministry of Defense of the Republic of Kazakhstan) that have territorial units or territorial subdivisions of departments, overseas institutions, as well as akims of provinces, cities of republican significance, capital.

In state bodies that do not have territorial subdivisions or territorial subdivisions of agencies (with the exception of law enforcement and special state bodies, as well as the Ministry of Defense of the Republic of Kazakhstan), departments and territorial subdivisions of central state bodies, territorial divisions of departments of central state bodies, overseas establishments, inspection commissions, apparatuses akims of cities of regional significance, districts, districts in cities, the function is authorized the Ethics assigned to the employees of these public bodies.

The functions of an ethics commissioner are assigned to a civil servant holding a managerial position, as well as having gained recognition and respect in the team.

3. The persons occupying an independent post of the ethics commission coordinate and carry out the methodological guidance of the ethics commissioners of the departments and territorial divisions, overseas institutions, local executive bodies of the district levels included in the structure of the data of state bodies and submit to the executive secretary of the central executive body, and in cases absence of responsible secretaries or specified officials - to the head of the apparatus of the state body or to a person who has him the right to appoint and dismiss.

 

2. The main functions of an ethics commissioner

4. The Commissioner for Ethics shall, within the limits of its competence, exercise the following functions:

1) provides civil servants with advice on compliance with the requirements of the legislation of the Republic of Kazakhstan in the areas of public service, countering corruption and the Code of Ethics;

2) facilitates the observance by government officials of the restrictions and prohibitions established by laws;

3) on the instructions of the management of the state body in which he works, he examines appeals of individuals and legal entities on the facts of violation of the norms of official ethics by civil servants;

4) contributes to the formation of a culture of relationships corresponding to the generally accepted moral and ethical standards in the team;

5) in cases of violation of the rights and legitimate interests of civil servants, take measures aimed at their protection and restoration;

6) monitors and monitors the observance of the standards of official ethics by civil servants;

7) inform the management of the state body of cases of failure by the heads of the structural divisions of state bodies to take appropriate measures in cases of violation of the norms of official ethics;

8) in cases of violation by the civil servants of the legislation of the Republic of Kazakhstan in the spheres of civil service, countering corruption and the Code of Ethics, analyzes the causes and conditions that contribute to the commission of offenses and makes recommendations to the leadership of the state body on their elimination;

9) in order to prevent and prevent violations of the legislation of the Republic of Kazakhstan in the spheres of civil service, counteract corruption and the Code of Ethics, and also to create a positive image of the civil service, interact with civil society institutions and state bodies;

10) on an ongoing basis conducts explanatory work with government officials on compliance with the legislation of the Republic of Kazakhstan in the areas of public service, countering corruption and the Code of Ethics;

11) in accordance with the procedure established by the legislation, apply to the relevant officials with a proposal to review the responsibility of public servants who committed violations of the norms of official ethics;

12) carries out other activities in order to prevent violations of the norms of official ethics.

5. For the performance of the functions assigned, the ethics commissioner:

1) requests and receives information and documents necessary for the analysis of the reasons and conditions that contribute to the violation of the legislation of the Republic of Kazakhstan in the spheres of civil service, countering corruption and the Code of Ethics;

2) on behalf of the state body in which he works, in accordance with the procedure established by law, he applies to the authorized body for civil service (hereinafter - the authorized body) for an explanation of the norms of the legislation of the Republic of Kazakhstan in the spheres of civil service, countering corruption, and the Code of Ethics;

3) make a proposal to the head of the state body to encourage persons who have made a significant contribution to the formation of a positive image of the state body and a positive climate in the team;

4) if necessary, when considering issues within its competence, the right to request and receive from the personnel service the personal files of civil servants, other materials and documents relating to the issues of passing the civil service.

6. The Commissioner for Ethics shall notify the authorized body or its territorial subdivision in cases of receipt of an unjustified refusal, failure by the head of a state body to take appropriate measures or commit acts (inaction) preventing him from performing the functions of an ethics commissioner.

Upon receipt of such notification, the authorized body or its territorial subdivision shall take appropriate measures provided for by the legislation of the Republic of Kazakhstan in the sphere of public service.

 

3. Organization of the activity of the Commissioner for Ethics

7. In the presence of circumstances that give rise to reasonable doubts about the impartiality of the leaders of a state body (conflict of interests), which may lead to improper performance of official powers, the ethics commissioner carries out his activity on an independent basis.

8. Based on the results of his activities, the ethics commissioner reports to the authorized body. The form and deadlines for submitting reports are approved by the authorized body.

9. The Commissioner for Ethics accepts civil servants and other citizens on issues related to his functions, in case of their appeals, or at least once a month according to the schedule placed in places accessible for public viewing.

If necessary, a conversation with a citizen or a civil servant can be conducted by telephone or using other means of communication that ensure the proper transfer of information.

In accordance with the procedure established by law, information on the ethics commissioner, including the surname, initials, photograph, office numbers and telephones, is placed on the Internet resource of the state body and in places that are available for public viewing in the building of the state body.

10. In order to monitor compliance with the norms of professional ethics, as well as the state of the moral and psychological climate in the team, at least once every six months the ethics commissioner conducts an anonymous questionnaire in the form approved by the authorized body.

Дата cоздания: 01 March 2018 16:53
Edit date: 17 September 2018 15:49
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