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Approved
Presidential Decree
the Republic of Kazakhstan
on May 3, 2005
N 1567
 
Code of honor of civil servants of the Republic of Kazakhstan
(Rules of ethics of public servants)
 
Carrying the civil service is an expression of the special confidence of the society and the state, and makes high demands of morality and moral and ethical image of civil servants. The Company expects that the civil servant will put all their strength, knowledge and experience in the exercise of its professional activity, impartially and honestly serve their Motherland - the Republic of Kazakhstan. This Code of honor of civil servants of the Republic of Kazakhstan (Rules of ethics of public servants) (hereinafter - the Code) in accordance with the Law of the Republic of Kazakhstan dated 23 July 1999 "On civil service", Law of the Republic of Kazakhstan dated July 2, 1998, "On Combating Corruption" and generally accepted moral and ethical standards establish the basic standards of conduct for public servants of the Republic of Kazakhstan.
Heads of state bodies in central executive bodies - executive secretaries of the central executive bodies or officials, in which the established order vested the executive secretaries of the central executive bodies, and in the absence of responsible secretaries of the central executive bodies or the officials - heads of central executive bodies provide Placement of the text of this Code in buildings of state bodies in places accessible for public viewing.
1. In its activities, civil servants must:
1) be committed to the policy of the President of the Republic of Kazakhstan and consistently implement it, through their actions to strengthen the authority of the government, to protect the interests of the state; avoid taking actions which may discredit Kazakhstan;
2) the principle of legality, strictly observing the Constitution and strictly following the laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and other regulatory legal acts of the Republic of Kazakhstan;
3) to ensure the observance and protection of rights, freedoms and legitimate interests of citizens, avoid actions involving violations of the rights and freedoms of man and citizen;
4) contribute to strengthening the unity of the people of Kazakhstan and inter-ethnic harmony in the country;
5) strictly abide by state and labor discipline, faithfully, impartially and efficiently perform their duties effectively used for this purpose their working time;
6) make every effort to highly professional work, to apply the optimal and cost-effective ways of solving tasks, take care of the entrusted public property, efficiently and effectively use it;
7) to resist the manifestations of corruption;
8) exclude the actions detrimental to the interests of the public service; not to interfere in the activities of persons involved in the decision-making on matters affecting the personal interests of a public servant;
9) to prevent interference in business and lobbying interests of individual economic agents;
10) does not prevent the use of insider information for personal gain or other personal reasons;
11) do not participate in gambling money or other property-related with higher or lower or being with them in a different, depending on the service or the persons;
12) Do not allow the facts accepting gifts or services from individuals and legal entities in connection with the performance of public functions;
13) not to accept an invitation to the domestic and foreign tourism, Medical and other trips at the expense of Kazakhstan and foreign individuals and legal entities, except for cases prescribed by law;
14) his attitude and personal behavior contribute to a stable and positive moral and psychological climate in the team;
15) to resist actions that prevent the efficient functioning of the state bodies and the proper performance of official duties by public officials;
16) To prevent cases of recruitment and placement of staff on the grounds of national groups, and personal loyalty;
17) To prevent and suppress violations of professional ethics on the part of other public employees;
18) adhere to the business style of dress during the performance of their duties.
 
2. In relations with the citizens and legal entities of public servants must:
1) enhance public trust in state institutions;
2) show modesty, not to emphasize not use their official position, including the preparation of transport, service and other services;
3) the actions and decisions do not give rise to well-founded criticism of the society, to avoid persecution for criticism, tolerate it, use constructive criticism to correct deficiencies and improve their professional activities;
4) To prevent manifestations of bureaucracy and red tape in considering appeals in time to take the necessary measures on them;
5) respect the honor and dignity of a person and citizen irrespective of origin, social, official or property status, sex, race, nationality, language, attitude to religion, beliefs, place of residence or any other circumstances;
6) comply with generally accepted moral and ethical norms, respect the state and other languages, traditions and customs of the people of Kazakhstan;
7) be polite and correct.
3. Civil servants who have in their subordination workers should:
1) to pinpoint the problem and extent of their authority subordinate according to their positions, not to give subordinates clearly unrealistic orders and does not require them to execute orders outside the scope of their official duties;
2) Prevent against the subordinates of unfounded accusations, the facts of rudeness, humiliation of human dignity, tactlessness;
3) does not compel subordinates to commit unlawful acts or offenses, are not compatible with the generally accepted moral and ethical standards.
4. Public speaking on activities of public authority carried out its head or authorized by the officials of the public body.
Civil servants should conduct discussions in the correct form, without undermining the authority of the public service.
 
5. Civil servants should not publicly express their views on public policy and performance, if it is:
1) does not meet the basic directions of state policy;
2) disclose proprietary information, which is not authorized for disclosure;
3) contains unethical statements to government officials.
6. If there is a public servant against unfounded accusations in the management of public business organizations and / or business activities, lobbying someone's interests, he should appropriately disclose information to refute such accusations.
7. In the case of public accusations of corruption civil servant he should take steps to refute these allegations, including by the courts.
8. Respect for civil servants of this Code is their duty.
9. Violation of the requirements provided by this Code, civil servants in the legislation of the Republic of Kazakhstan may be held responsible
10. The staff of a public authority by a decision of an official who has the right of appointment and dismissal of the civil servant may be considered non-compliant public servants of this Code and to make the results of the consideration of public censure.
 
 
The ethical categories in the context of public service.
Carrying the civil service is an expression of the special confidence of the society and the state, and makes high demands of morality and moral and ethical image of civil servants "- so begins the text of the Code of Honor of civil servants of the Republic of Kazakhstan (Rules of ethics of public servants), approved by Decree of the President of the Republic of Kazakhstan on May 3, 2005 №1567. Respect for civil servants contained in the Code requirements is their duty, and breach - provided entails responsibility. Ethical behavior of public servants and their degree of integrity in relation to their duties is one of the important indicators of the state of society as a whole, its level of corruption, the situation with the investment climate, etc. According to the President of Kazakhstan, these Rules shall be allocated separately for the ethics department of leading cadres. "Also, provision shall be made responsible for compliance with ethical standards of public service up to the demotion or dismissal "- said Nursultan Nazarbayev.
The civil servant, the manager must "dispose of the power that you have been given, but not to give it the temptation" - said the President of Kazakhstan. "Sometimes, appointed, and then he ground underfoot does not feel" - N. Nazarbayev emphasized. In addition, the head of the Republic of Kazakhstan, heads of state bodies and civil servants in general, "you need to think about the good of society, not about the benefits for themselves." It is necessary to control so as not to lose the confidence of the people, the president of Kazakhstan.
According to N. Nazarbayev, should be selected for the positions of those "who are able to conduct business professionally." This "should become the norm for us." Talking about the behavior of civil servants, N. Nazarbayev said that every leader "must know that it is estimated the country's leadership."
The Company expects that the civil servant will put all their strength, knowledge and experience in the exercise of its professional activity, impartially and honestly serve their Motherland - the Republic of Kazakhstan. Ethical standards of conduct for public officials vary greatly depending on the traditions and characteristics of a country. So, if the gift made by the representative of the government in most industrialized countries, could result in administrative, social and, in many cases, and criminal responsibility, then, for example, in many Middle Eastern countries, this kind of event can be considered as quite a common phenomenon. In the US, there are many acts of ethical codes and regulations for employees, each branch of government has its own code of conduct and its specially created bodies to monitor, gather information, and, in the case of violations, and its "punitive" service. In addition, most state and local governments have their own codes of ethical conduct for civil servants under their jurisdiction. Investigate cases of abuse of power by officials normally involved Auditor \ Inspector General of the relevant state agency, department or service. In some cases, when circumstances require, to the investigation may also connect to the Federal Bureau of Investigation \ Federal Bureau of Investigation. Auditors typically coordinate and collate the results of their activities and their findings with the findings of the financial and organizational audit conducted in these organizations. Prosecution of violators of the code of ethics department of the Ministry of Justice deals with the United States Department of Justice Anti-Corruption Prosecutor's Office and whose jurisdiction is valid in the territory where proizshlo abuse.
 
Referring to the experience of the United States.
There are 14 basic principles of the behavior of the United States federal employees:
- Employees do not have to pursue the financial interests of preventing conscientious performance of official duties.
- Employees shall not engage in financial transactions using undeclared government information, or allow improper use of such information to support any private benefit.
- An employee shall not solicit or accept any gift or other valuable item from any person or organization for which he is obliged to perform certain actions in the service and the failure of which can cause significant damage to the interests of the latter.
- Employees should make every effort to fulfill its responsibilities.
- Employees shall not knowingly make unauthorized commitments or promises of any kind, aimed to oblige the government to implement them.
- Employees shall not use public office for personal gain.
- Employees shall act impartially and not give preference to any organization or individual.
- Employees shall protect and safeguard the federal property and use it only for the permitted activities.
- Employees shall not engage in activities or work part-time, including seeking or negotiating for jobs, which are in conflict with their official duties.
- Employees are required to report on the damage, fraud, abuse and corruption to the authorities.
- Employees shall fulfill their civil obligations, including all financial obligations, particularly those imposed by law, such as federal taxes, state taxes and local taxes.
- Employees must comply with all laws and regulations that provide equal opportunity for all Americans regardless of race, color, religion, sex, national origin, age or disability.
- Employees should avoid any actions that create the impression that they violate the law or the ethical standards set standards of conduct. US officials fear the Greeks, even when bringing gifts "Standards of Ethical Conduct for Employees of the executive authorities" \ Standards of Ethical Conduct for Employees of the Executive Branch, developed by the US State of Ethics \ US Office of Government Ethics regulate in detail the rules of behavior in situations that inevitably arise in the process of incurring public service.
An employee may not, under any pretext whatsoever, directly or indirectly, solicit or accept gifts that are either unwanted side offered the employee or if the gift is offered to him in connection with his official position.
An interesting fact is that if the situation does not fall under any of the above cases, a gift is also forbidden to accept then, if the employee does it too often, it can bring others to the idea of ​​using them to his official position for personal profit. But every rule has its exceptions. The ban on the receipt of gifts is not valid if the value of the gift does not exceed $ 20. At the same time by the same person the employee is allowed to receive gifts, the total value of which does not exceed $ 50 per year. If the donation is made in the form of cash, shares or bonds, the employee should always reject them, regardless of whether this is the sum of $ 20 or 20 cents. If the market value of the proposed gift exceeds $ 20, the employee can not pay the difference donor and accept the gift. As cited as an example in the standards themselves, if the officer offered two tickets for the premiere on Broadway, the price of each of which is $ 30, the clerk should refuse this offering, and do not try to pay the remaining $ 40 to the donor in order to obtain tickets and get along with his wife on representation.
In addition, if a civil servant is offered several gifts, for example, a $ 18 and $ 15, although he can not take both the donation (which cost more than $ 20), but may choose any of them, after rejecting another. In another example, a case where an employee of the Ministry of Defense of the United States, who visited the demonstration show organized firms, contractors, the Pentagon offered gifts worth $ 15 - by X, $ 12 - firm Y and $ 8 - by Z. In this case, a state employee is permitted to take all the gifts, because, despite the fact that the total cost prevyshet $ 20, however, based on a source-podnositel separately value of the gift is quite acceptable.
The gift may be accepted in the event that the act of giving is based on personal friendship or close family relationship between donor and civil servants, rather than trying to influence the executive branch. It is not a violation of the ethical code and a situation where as a gift to perform special discounts provided by civil servants are not based on personally held their positions, but on the basis of this kind of discounts and benefits to all civil servants or members of the Army of the group or category. State officials are also allowed to receive gifts (excluding cash and other highly liquid assets), the total value of which does not exceed $ 200, if the gift was presented as a reward for the selfless service or for the special contribution in their respective fields person or organization that can not be in any way involved in influencing the activities of public servants. If the amount of rewards or gifts in excess of $ 200, the employee must apply for special permission to an employee of your organization dealing with business ethics, and only received its written approval, may accept the gift.
A civil servant may accept gifts in the form of food, housing, transportation, etc. if he is involved in the process of political management or political campaigns financed by political parties. Similar rules apply in respect of gifts, handing the top officials of the United States. For example, in 2003, US President George W. Bush \ George Bush and his family received gifts for a total amount of $ 22 355. Among the gifts - a boat dock, a $ 7.5 thousand., Sets of golf clubs and other golf equipment, several pairs of sneakers, a set of BBQ (joint Present employees of the White House), some puzzles, book "Forest Gump" autographed by the author. Under US law, all gifts of Foreign political and public figures (including family members handed officials) are the property of the state. Usually, they are kept in museums and libraries. After retiring civil servants can save the most favorite gift, if you agree to pay for them.
 
 
Outside the United States
If the action takes place in a State other US government employees taking prescribed offerings in the form of meals, snacks, refreshments, and entertainment if:
The market value of meals and entertainment, based on the US dollar does not exceed the Daily rates (pay) in the foreign country (the data rate of the countries determined by the relevant regulations of the Department of State - Washington ProFile). At the meeting, there are also persons who are not US citizens, as well as persons representing foreign governments or other foreign institutional structures. Visiting the event is part of the official duties of the purpose of acquiring and disseminating information, promoting exports of US goods and services, etc. Organizers treats are not representatives of a foreign state. Restrictions on the receipt of gifts can lose their effect if specific events covered by special laws, such as in the case of obtaining grants from foreign governments or international organizations.
Work on the bugs
If the civil servant still got a gift that should not have taken, it has several options. Firstly, he can return the gift itself or pay its market value to the donor. Market value, in the absence of specific information on the cost of the offerings can be determined by comparing the present with similar products of similar quality available in the retail market.
If it is physically impossible to return the gift, the gift, with the permission of the supreme leader or employee dealing with ethics, it can be used for charitable purposes. The organization, whose servant was unfortunate gift, may also decide on the joint use of his organization, together with the donor. If none of the above options are not valid, the gift must be destroyed. If the gift was presented in the form of hospitality, services, favors or other intangible assets, the employee will have to return to the donor of their market value. Response to provide such services as offset compensation is not considered a gift. Similar rules apply in respect of gifts, handing the top officials of the United States. For example, in 2003, US President George BushGeorge Bush and his family received gifts for a total amount of $ 22 355. Among the gifts - a boat dock, a $ 7.5 thousand., Sets of golf clubs and other golf equipment, several pairs of sneakers, a set of BBQ (Present Joint Staff of the White House), some puzzles, book "Forest Gump" autographed by the author. Under US law, all gifts of Foreign political and public figures (including family members handed officials) are the property of the state. Usually, they are kept in museums and libraries. After retiring civil servants can save the most favorite gift, if you agree to pay for them.
 
Colleague - colleague
Also regulates the situation in which the donation takes place between members of the same organization. For government employees, except in special cases provided by law, shall be prohibited, directly or indirectly, to make gifts to their leaders, as well as collect contributions among their colleagues to buy this gift. Similarly, it is forbidden to accept gifts from his fellow employees receiving less pay. exceptions to this rule is when the two employees there is no direct connection "boss - subordinate" or gift was made on the basis of close personal relationships between them, which could justify such a gift.
However, gifts not completely prohibited. For example, employees can give, and the chief can be taken by employees with less than his salary, things are a total cost not exceeding $ 10 in each case (cash giving is prohibited under any circumstances), as well as food and beverages, for use in the offices of several employees. Allowed and personal hospitality. If the chief asked his employee to lunch, and he, in turn, bought a bottle of wine costing $ 15, the boss can not hesitate to accept such a gift, even though its price is higher than $ 10. In addition, the Secretary-General may for example buy your boss a gift (no more than $ 10) on the occasion of Christmas, as well as to invite the chief for a Christmas party at his home. Head, in turn, the standard is not forbidden to accept this invitation and visit the party. There are also some other exceptions that apply in specific cases. For example, employees can make gifts, and take them on the heads of his subordinates when a gift is made, or on the occasion of infrequently occurring events of a personal nature (marriage, illness, childbirth, etc.) Or in the case where the event occurred abolishes relationships " superior-subordinate "(retirement, resignation, transfer to another job). In such situations, as permitted voluntary contributions from employees who want to fold for a gift boss.
 

Дата редактирования: 21 Апреля 2016 10:41

Опрос

In your opinion, what measures should be taken to combat corruption?

 Conduct propaganda work with the population to build anticorruption outlook, intolerance of corrupt practices

 Raise legal awareness of the penalties provided for corruption

 Enhance the effectiveness of law enforcement agencies in the fight against corruption and corrupt

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