Defense of the dissertation of Moldabekov Yerkebulan Baygalievich for the degree of Doctor of Philosophy (PhD) in the educational program «8D04201 - Jurisprudence»
L.N. Gumilyov Eurasian National University, a dissertation defense for the degree of Doctor of Philosophy (PhD) by Moldabekov Yerkebulan Baygalievich on the topic «Legal Regulation of Civil Servants' Labor in the Republic of Kazakhstan» to the educational program «8D04201 - Jurisprudence».
The dissertation was carried out at the «Department of Constitutional and Civil Law» of L.N. Gumilyov Eurasian National University.
The language of defense is kazakh
Official reviewers:
Smanova Akmaral Bakhtiyarovna - candidate of law, senior lecturer of the Department of Theory and History of State and Law, Constitutional and Administrative Law, Al-Farabi Kazakh National University (Almaty c., Republic of Kazakhstan);
Issayeva Ainur Zhenisovna - Doctor of Philosophy (PhD), Associate Professor, Kyzylorda University named after Korkyt ata (Kyzylorda c., Republic of Kazakhstan).
Temporary members of the Dissertation Council:
Kalybayeva Aliya Abdysatarovna - Doctor of Law, Associate Professor at the Kyrgyz-Chinese Institute of the Kyrgyz National University named after J. Balasagyn (Bishkek c., Kyrgyz Republic);
Zhetpisov Serik Kozhanovich - Doctor of legal sciences, Professor, the head of the Department of Jurisprudence, faculty of Law of NSC «Toraigyrov University» (Pavlodar c., Republic of Kazakhstan);
Saimova Sholpan Altynbekovna - PhD, Head of the Center for public law and public administration of RSE on REM Institute of Parliamentarism under the Office of the Republic of Kazakhstan (Astana c., Republic of Kazakhstan).
Scientific consultants:
Nurgalieva Enlik Nurgalievna - Doctor of Law, Professor, Professor of the Department of Constitutional and Civil Law at the L.N. Gumilyov ENU (Astana c., Republic of Kazakhstan).
Tedeev Astamur Anatolyevich - Doctor of Law, Professor at the Higher School of Auditing of M.V. Lomonosov Moscow State University under the Ministry of Justice of the Russian Federation (Moscow c., Russian Federation).
The defense will take place on June 30, 2025, at 03:00 PM in the Dissertation Council for the training direction «8D042 - Law» in the educational program «8D04201 - Jurisprudence» of L.N. Gumilyov Eurasian National University. Conducting a meeting of the dissertation council in a mixed (offline and online) format.
Link: https://clck.ru/3MC6ai
Address: Astana city, K.Satpayev street, 2, Main building, room 302.
Abstract (English): the dissertation by Moldabekov Yerkebulan Baygaliyevich on the topic: "Legal Regulation of Civil Servants' Labor in the Republic of Kazakhstan" submitted for the degree of Doctor of Philosophy (PhD) in the educational program 8D04201 - "Jurisprudence" The relevance of the research topic is determined by the special role of civil servants in creating an effective mechanism for public administration under modern political and legal conditions. In the process of developing and improving the legislation of the Republic of Kazakhstan on public service, it is necessary to conduct fundamental research into the legal status of a special subject of labor law - the civil servant. This necessity arises from the transformation of relationships between government bodies, the state, and society from a “bureaucratic model” to a “service-oriented model” of legal protection, both through extrajudicial and judicial mechanisms. The dissertation highlights the shortcomings in the current state of human resources in the civil service, as well as threats and challenges emerging from the external environment. These issues are also reflected in the National Report on the State of the Civil Service in the Republic of Kazakhstan, which, alongside strengths, points out the following vulnerabilities in the human resources potential: a shortage of narrowly specialized professionals in sectoral areas, aging civil service personnel, a high turnover rate in certain public bodies, uneven distribution of human resources between structural divisions of state bodies; duplication and redundancy of assignments, functions, powers, and competencies; and the absence of established staffing standards. In addition, the following problems have been identified: declining attractiveness of public service for highly qualified professionals due to salary increases in other sectors of the economy; a shortage of narrowly specialized experts due to the absence of relevant market offerings and university-level training programs; decreasing interest in public service among young people due to shifts in values; personnel stagnation caused by low workforce stability; the risk of intensified team migration; staff instability; and the loss of institutional memory as a result of high staff turnover in certain government bodies. The object of the dissertation research is the formation of civil service and social and labor relations arising in the sphere of service. The subjects of the research are the norms of legislation on civil service and labor legislation, departmental regulatory legal acts in the sphere of regulation of civil service, as well as social and labor relations of civil servants. The Aim of the Dissertation Research: The aim of this dissertation is to conduct a comprehensive study of the features of legal regulation of labor and service relations of civil servants in both theoretical and practical aspects, as well as to develop proposals for improving the legislation in the field of public service of the Republic of Kazakhstan. Research Objectives: • To identify the characteristics of the labor-legal status of civil servants as a special subject of labor law; • To examine the legal nature of the labor activity of civil servants; • To explore ways to increase the efficiency of the professional labor activities of civil servants; • To conduct a study of the special legal status of civil servants as reflected in the key institutions of labor law, such as employment contracts, remuneration, and disciplinary liability; • To analyze both extrajudicial and judicial methods for protecting the labor rights and interests of civil servants based on the practical activities of the Agency of the Republic of Kazakhstan for Civil Service Affairs, its territorial bodies, and the judiciary; • To provide well-grounded recommendations for improving public service legislation at the current stage of development of the Republic of Kazakhstan. Normative basis of the study. This dissertation research is based on the norms of the Constitution of the Republic of Kazakhstan regarding the right of citizens to access public service, as well as the norms of current legislation in the field of organization and regulation of the activities of civil servants. The information base also included: the Labor Code of the Republic of Kazakhstan, the Code of Administrative Offenses, departmental regulatory legal acts. In addition, a significant amount of regulatory legal acts of executive bodies was involved in the scope of the study. The author's conclusions are based on practice materials summarized by the Agency of the Republic of Kazakhstan for Civil Service and its territorial bodies, as well as judicial practice materials. In terms of the provisions analyzed and compared, the norms of labor legislation of a number of countries of the Commonwealth of Independent States, the Eurasian Economic Union, the norms of legislation on civil service in some developed countries of the world, as well as international labor standards were also considered. The methodological basis of the research includes universal scientific methods, such as the system-structural, functional-structural, formal-logical methods, as well as methods of analysis and synthesis. Special attention was given to legal methods: historical-legal, comparative-legal, and legal modeling methods. Universal methods, as a combination of general scientific and specific methods, were applied in all chapters of the dissertation. In particular, the development of legislation on public service and its content were studied in alignment with the state’s development system. The system-structural method made it possible to examine individual elements of public service and identify their interrelations. The application of legal methods involved a comprehensive study of the state and law, particularly the legislation regulating public service, from a historical perspective. Their evolution and development were analyzed from the time Kazakhstan gained sovereignty to the present day. Comparative legal analysis with the legislation of other countries highlighted both their strengths and weaknesses. Based on the application of these and other methods, new conceptual frameworks were developed. The scientific novelty of this study is presented in the following main provisions submitted for defense: a) According to the Law of the Republic of Kazakhstan dated March 20, 2023, No. 214-VII, Article 60 of the Law on Public Service was amended with paragraph 5, stating that “Political civil servants appointed by the President of the Republic of Kazakhstan may be dismissed by decision of the President of the Republic of Kazakhstan due to loss of trust for failure or improper performance of their official duties without stating the reasons for such dismissal.” It is considered necessary to extend this dismissal ground to all civil servants and supplement the Law on Public Service with a new Article 61-1 titled "Dismissal of Civil Servants Due to Loss of Trust.” 1. A civil servant is subject to dismissal due to loss of trust in the following cases: 1. engaging in entrepreneurial activity; 2. concealing foreign citizenship; 3. repeated violations of civil servant ethics; 4. failure to take actions to prevent and/or resolve a conflict of interest involving the civil servant; 5. engaging in management activities of commercial organizations, except where permitted by law; 6. violating the prohibition (for themselves or their spouse) to open or hold accounts, store cash or valuables in foreign banks outside Kazakhstan, or possess and/or use foreign financial resources; 7. disclosing or using information classified as confidential or official, obtained in connection with official duties, for purposes not related to public service. These measures are intended to prevent arbitrary interpretations of grounds for dismissal due to loss of trust and to extend the application of this provision not only to political civil servants but also to administrative civil servants. b) Given the numerous amendments and additions to the Law on Public Service, which have made it complex and sometimes unclear, it is proposed to separate prohibitions for citizens entering public service into a distinct article and separately outline restrictions related to public service, while introducing several new prohibitions and restrictions absent in the current version. Article 12-1. Prohibitions for Citizens Entering Public Service. 1. The following citizens cannot be accepted into public service: 1. those under the age of eighteen; 2. those legally declared incapacitated or with limited legal capacity by a court decision; 3. those with diseases that hinder entry into or continuation of public service, according to an established list of diseases; 4. those sentenced to punishment precluding the possibility of performing official duties, according to a court decision, as well as individuals with outstanding or unexpunged convictions; 5. those refusing to accept the prohibitions and restrictions established by this Law; 6. those dismissed from public service due to loss of trust within the past three years; 7. those subjected to administrative penalties for corruption offenses within three years prior to applying for public service; 8. those refusing to undergo clearance procedures for access to information constituting state or other legally protected secrets if their duties involve using such information; 9. other cases as prescribed by the laws of the Republic of Kazakhstan. Article 13. Restrictions Related to Public Service. 1. A civil servant is prohibited from engaging in additional paid employment and receiving additional income: 1. serving as a deputy of a representative body; 2. engaging in other paid activities, except for teaching, scientific, or creative work; 3. conducting entrepreneurial activities or participating in the management of a commercial organization unless directly stipulated by their official powers in accordance with Kazakhstani legislation; 4. acquiring investment fund shares, bonds, or shares in commercial organizations if they hold positions as the Chair of the National Bank of Kazakhstan, their deputy, or Chair (or deputy) of the authorized body for financial market regulation and supervision. 2. A civil servant is prohibited from abusing their official position: 1. using material, financial, or informational resources of their official duties for non-official purposes; 2. utilizing the services of citizens and legal entities for personal purposes in connection with their duties. 3. A civil servant is not permitted to violate the rules of public service conduct: 1. acting as a representative in cases involving third parties within their state body or subordinate bodies; 2. participating in actions impeding the normal functioning of state bodies and performance of official duties, including strikes; 3. members of the Government of Kazakhstan are prohibited from leasing out residential property; 4. holding a government position subordinate to one occupied by close relatives or having close relatives or in-laws under their direct supervision. The outlined restrictions are clear and do not require additional commentary. Given the growing demands on civil servants each year, it becomes objectively necessary to specify these prohibitions and restrictions in separate articles of the Law on Public Service. c) Citizens entering public service for the first time or re-entering after a break are required to pass a special security check conducted by national security bodies. However, candidates are often assigned duties before receiving results of this check, which infringes on their labor rights. These individuals bear the responsibilities of civil servants without official status and may be subject to disciplinary or corruption-related liabilities. In the event of failing the check, they are dismissed under ambiguous grounds, complicating future employment opportunities. It is proposed to conduct security checks after testing and before official hiring. Proposed amendment to paragraph 2 of Article 19 of the Law on Public Service: 2. Citizens entering administrative public service shall undergo a special check after passing testing and before signing an employment contract. They cannot temporarily perform official duties until the special check is completed. Their labor relations are governed by labor law. Employment is formalized by an act of the state body. These provisions also apply to elected akims. Paragraph 3 of Article 19 should be repealed. d) The practice of resolving individual labor disputes shows that pre-trial negotiations are the most efficient method for early conflict resolution. It is recommended to create Conciliation Commissions (CCs) in state bodies for situations where direct negotiations fail. Referring disputes to a CC is the simplest and fastest way to resolve labor conflicts. Proposed new chapter: “Consideration of Individual Labor Disputes of Civil Servants.” Article ____ Definition of an Individual Labor Dispute of a Civil Servant. An individual labor dispute refers to unresolved disagreements between a representative of a state body and a civil servant or former civil servant concerning the application of public service or labor legislation, submitted for resolution to a dispute body. Article ____ Bodies for the Consideration of Individual Labor Disputes of Civil Servants. 1. The following bodies handle individual labor disputes: 1. the Conciliation Commission of the state body; 2. the court. 2. The procedures for dispute consideration in CCs are regulated by this Law and the Labor Code of Kazakhstan, and court procedures are regulated by the Civil Procedure Code. 3. The CC is a permanent, parity-based body composed of equal numbers of representatives from the state body and civil servants elected at general meetings, including trade union representatives where applicable. 4. In the absence of a trade union body, CCs are formed by representatives of the state body and elected representatives of civil servants. 5. Meetings are considered valid if attended by more than half of the state body’s civil servants. Article ____ Procedure for the Consideration of Labor Disputes in the Conciliation Commission. 1. The number of CC members, working procedures, decision-making process, and term of authority are outlined in regulations developed in coordination with trade unions or civil servant representatives and approved by the state body’s leadership. 2. Disputes are considered by the CC if unresolved through direct negotiations. 3. The CC must consider the dispute within fifteen calendar days from the date of written application. 4. State bodies must provide organizational conditions for general meetings to elect CC representatives. 5. CC decisions must be executed within set deadlines, except in reinstatement cases. 6. Non-compliance with CC decisions grants the right to judicial appeal. 7. Failure to consider the dispute within the required timeframe allows for court referral. Article ____ Deadlines for Submitting Applications for Individual Labor Dispute Consideration. 1. The following deadlines apply: 1. one month from receipt of a dismissal order copy for reinstatement disputes; 2. one year from the date the civil servant became aware of a violation for other disputes. 2. Filing with a CC is not mandatory. 3. Court submission deadlines, exemption from court fees, and dispute resolution procedures related to dismissal, transfer, monetary claims, and reinstatement enforcement are governed by labor law. e) Protection of Personal Data of Civil Servants. 1. The human resources department of a state body is required to: 1. collect personal data directly from the civil servant; 2. notify civil servants in advance, obtain written consent, and inform them of the purpose, sources, and methods when data collection from third parties is necessary; 3. prohibit processing or inclusion in personal files of data related to political, religious beliefs, private life, or trade union membership; 4. prevent disclosure of personal data to third parties without written consent, except as required by law. 2. Access to personal data is granted only to responsible persons as needed for official duties, under confidentiality. 3. The regulation on civil servants’ personal data is approved by the President of the Republic of Kazakhstan. Thus, civil servants’ personal data are considered confidential and subject to restricted access, with protection of informational integrity being a key component of labor relations. The scientific novelty of the dissertation and the results obtained lies in the fact that this is the first comprehensive theoretical and practical study in Kazakhstan of the specifics of legal regulation of the work of civil servants after a significant update of the legislation on civil service in the Republic of Kazakhstan. Approval of Research Results.The dissertation was prepared at the Department of Constitutional and Civil Law of the L.N. Gumilyov Eurasian National University, where it underwent discussion and review. The main provisions of the dissertation were presented in published articles, reports, and presentations at scientific and practical conferences. One copyright certificate was obtained based on the research topic, and 10 scientific articles were published, including:1 article indexed in the Scopus database (Q2, 69th percentile); 5 articles in journals approved by the Committee for Quality Assurance in the Field of Science and Higher Education of the Republic of Kazakhstan; 4 articles in the proceedings of scientific and practical conferences. Personal Contribution of the Doctoral Candidate. The dissertation explores issues related to the professional labor activities of civil servants as a special subject of labor law; examines the legal nature of the labor activity of civil servants; identifies the distinctive features of the legal regulation of labor for this category of employees within such institutions of labor law as employment contracts, restrictions and prohibitions associated with public service, disciplinary responsibility, and remuneration. The protection of civil servants’ labor rights has been studied through examples of both extrajudicial and judicial practices, as well as through the generalization of the results of the activities of the Agency of the Republic of Kazakhstan for Civil Service Affairs and its territorial bodies. Furthermore, it draws upon the Summary of Practice in the Consideration of Individual Labor Disputes Involving Civil Servants by the courts of the Republic, conducted by the Supreme Court of the Republic of Kazakhstan in 2023. All dissertation materials, publications, and the key positions presented for defense were personally developed and authored by the candidate. The dissertation consists of 155 typewritten pages and is structured according to the traditional principle. It includes normative references, definitions, designations, abbreviations, three chapters, a conclusion, a list of references comprising 183 sources, and appendices.
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