Note of the RCPI!
For the procedure for putting this Law into effect, see Article 27
Attention of users!
For the convenience of using the RCPI, a TABLE of CONTENTS has been created.
This Law regulates public relations in the field of combating corruption and is aimed at implementing the anti-corruption policy of the Republic of Kazakhstan.
Chapter 1. GENERAL PROVISIONS
Article 1. Explanation of some concepts contained in this Law
The concepts contained in this Law are applied in the following meaning:
1) administrative and economic functions – the right to manage and dispose of property on the balance sheet of the organization granted in accordance with the procedure established by the law of the Republic of Kazakhstan;
1-1) a person holding a responsible state position – a person holding a position established by the Constitution of the Republic of Kazakhstan, constitutional and other laws of the Republic of Kazakhstan for the direct performance of the functions of the state and the powers of state bodies, including a deputy of the Parliament of the Republic of Kazakhstan, a judge, as well as a person holding, according to the legislation of the Republic of Kazakhstan on public service, a political state position or an administrative state position of corps "A";
2) official – a person who permanently, temporarily or by special authority performs the functions of a government representative or performs organizational and administrative or administrative-economic functions in state bodies, local self-government bodies, as well as in the Armed Forces, other troops and military formations of the Republic of Kazakhstan;
2-1) a person performing managerial functions in a state organization or a quasi-public sector entity – a person who permanently, temporarily or by special authority performs organizational and administrative or administrative-economic functions in these organizations;
3) a person authorized to perform state functions – a civil servant in accordance with the laws of the Republic of Kazakhstan on civil service, a deputy of the maslikhat, as well as a person temporarily performing the duties provided for by a state position before his appointment to the civil service;
4) a person equated to persons authorized to perform state functions – a person elected to local self-government bodies; a citizen registered in accordance with the procedure established by the law of the Republic of Kazakhstan as a candidate for President of the Republic of Kazakhstan, deputies of the Parliament of the Republic of Kazakhstan or maslikhats, akims of cities of district significance, settlements, villages, rural districts, as well as members of an elected local self-government body; an employee who permanently or temporarily works in a local self-government body, whose remuneration is made from the funds of the state budget of the Republic of Kazakhstan; a person performing managerial functions in a state organization or a quasi-public sector entity, as well as a person authorized to make decisions on the organization and conduct of procurement, including state ones, or responsible for the selection and implementation of projects financed from the state budget and the National Fund of the Republic of Kazakhstan, holding a position not lower than the head of an independent structural unit in these organizations, employees of the National Bank of the Republic of Kazakhstan and its departments; employees of the authorized organization in the field of civil aviation, acting in accordance with the legislation of the Republic of Kazakhstan on the use of the airspace of the Republic of Kazakhstan and aviation activities, employees of the authorized body for regulation, control and supervision of the financial market and financial organizations;
5) conflict of interests – a contradiction between the personal interests of persons holding a responsible state position, persons authorized to perform state functions, persons equated to them, officials and their official powers, in which the personal interests of these persons may lead to non-performance and (or) improper performance of their official duties;
6) corruption – illegal use by persons holding a responsible state position, persons authorized to perform state functions, persons equated to persons authorized to perform state functions, officials of their official (official) powers and related opportunities in order to obtain or extract personally or through intermediaries property (non-property) benefits and advantages for themselves or third parties, as well as bribery of these persons by providing benefits and advantages;
7) anti-corruption policy – legal, administrative and organizational measures aimed at reducing corruption risks, increasing public confidence in the activities of state bodies, and other measures in accordance with this Law;
8) anti-corruption restrictions – restrictions established by this Law and aimed at preventing corruption offenses;
9) anti-corruption – the activities of anti-corruption entities within their powers to prevent corruption, including the formation of an anti-corruption culture in society, the identification and elimination of the causes and conditions that contribute to the commission of corruption offenses, as well as the identification, suppression, disclosure and investigation of corruption offenses and elimination of their consequences;
10) authorized anti-corruption body –a state body responsible for the formation and implementation of the anti-corruption policy of the Republic of Kazakhstan and coordination in the field of anti-corruption, as well as the prevention, detection, suppression, disclosure and investigation of corruption offenses, and its territorial divisions;
11) corruption offense – an illegal guilty act (action or omission) that has signs of corruption, for which administrative or criminal liability is established by law;
12) corruption risk – the possibility of the occurrence of causes and conditions that contribute to the commission of corruption offenses;
13) prevention of corruption – the activity of anti-corruption entities to study, identify, limit and eliminate the causes and conditions that contribute to the commission of corruption offenses by developing and implementing a system of preventive measures;
14) organizational and administrative functions – the right granted in accordance with the procedure established by the law of the Republic of Kazakhstan to issue orders and orders that are mandatory for execution by subordinates in the service, as well as to apply incentive measures and disciplinary penalties against subordinates;
Footnote. Article 1 as amended by the Laws of the Republic of Kazakhstan dated 06.04.2016 No. 484-V (effective after ten calendar days after the date of its first official publication); dated 19.04.2019 No. 249-VI (effective from 01.08.2019); dated 03.07.2019 No. 262-VI (effective from 01.01.2020); dated 26.11.2019 No. 273-VI (effective after ten calendar days after the date of its first official publication); dated 06.10.2020 No. 365-VI (shall enter into force upon the expiration of ten calendar days after the date of its first official publication).
Article 2. Scope of this Law
1. This Law is valid on the territory of the Republic of Kazakhstan in respect of individuals and legal entities. Outside the Republic of Kazakhstan, this Law applies to citizens of the Republic of Kazakhstan and legal entities registered in the Republic of Kazakhstan, unless otherwise provided for by an international treaty ratified by the Republic of Kazakhstan.
2. Criminal liability and punishment for corruption crimes are provided for by the Criminal Code of the Republic of Kazakhstan, administrative responsibility and punishment for administrative corruption offenses are provided for by the Code of the Republic of Kazakhstan on Administrative Offenses.
Article 3. Legislation of the Republic of Kazakhstan on combating corruption
1. The legislation of the Republic of Kazakhstan on combating corruption is based on the Constitution of the Republic of Kazakhstan and consists of this Law and other regulatory legal acts of the Republic of Kazakhstan.
2. If an international treaty ratified by the Republic of Kazakhstan establishes rules other than those contained in this Law, the rules of the international treaty shall apply.
Article 4. Basic principles of anti-corruption
Anti-corruption is carried out on the basis of the following principles:
1) legality;
2) the priority of protecting the rights, freedoms and legitimate interests of a person and a citizen;
3) transparency and transparency;
4) interaction between the state and civil society;
5) systematic and comprehensive use of anti-corruption measures;
6) priority application of corruption prevention measures;
7) encouragement of persons providing assistance in combating corruption;
8) the inevitability of punishment for committing corruption offenses.
Article 5. The purpose and objectives of combating corruption
1. The purpose of combating corruption is to eliminate corruption in society.
2. The achievement of the anti-corruption goal is realized by solving the following tasks:
1) formation of an atmosphere of intolerance to corruption in society;
2) identifying the conditions and causes that contribute to the commission of corruption offenses, and eliminating their consequences;
3) strengthening the interaction of anti-corruption entities;
4) development of international cooperation in combating corruption;
5) identification, suppression, disclosure and investigation of corruption offenses.
Chapter 2. ANTI-CORRUPTION MEASURES