Anti-corruption
Law of the Republic of Kazakhstan No. 410-V of November 18, 2015.
Note of the rcli!
For the procedure for putting this Law into effect see article 27
For the convenience of using the rcpi, a table of CONTENTS has been created.
This Law regulates public relations in the field of anti-corruption and is aimed at implementing the anti-corruption policy of the Republic of Kazakhstan.
Chapter 1. GENERAL PROVISIONS
Article 1. Explanation of certain 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 an organization granted in accordance with the procedure established by the law of the Republic of Kazakhstan;
1-1) a person holding a responsible public office, a person holding the office established by the Constitution of the Republic of Kazakhstan, constitutional and other laws of the Republic of Kazakhstan for the direct execution of state functions and powers of state bodies, including the Deputy of Parliament of the Republic of Kazakhstan, the judge, or the person holding under the law of the Republic of Kazakhstan on public service political public office or 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, administrative or 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 who performs 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 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 public service, a Deputy of the maslikhat, as well as a person temporarily performing the duties provided for by the state position, until his appointment to the state service;
4) a person equated to persons authorized to perform state function, – the person elected to bodies of local self-government; citizen, registered in accordance with law of the Republic of Kazakhstan as a candidate for the Presidency of the Republic of Kazakhstan, deputies of the Parliament of the Republic of Kazakhstan or maslikhats, akims of cities of regional value, settlements, villages, rural districts, and as members of an elective body of local self-government; an employee who permanently or temporarily works in a local self-government body, whose remuneration is made from the state budget of the Republic of Kazakhstan; the person performing managerial functions in public organizations or quasi-public sector entity and the person authorized for adoption of decisions on the organization and conduct of procurement, including the state or are responsible for the selection and implementation of projects funded from the state budget and the National Fund of the Republic of Kazakhstan, holding the post not below the head of an independent structural unit in these organizations, employees of the National Bank of the Republic of Kazakhstan and its agencies; employees authorized organization in the field of civil aviation, acting in accordance with the legislation of the Republic of Kazakhstan on use of air space of the Republic of Kazakhstan and activities of aircraft, employees of the authorized body on regulation, control and supervision of financial market and financial organizations;
5) conflict of interests – a contradiction between the personal interests of persons holding a responsible public position, persons authorized to perform public 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 activity of subjects of counteraction of corruption within their authority to prevent corruption, including the formation of anti-corruption culture in society, to identify and eliminate causes and conditions conducive to corruption offenses, as well as for the identification, suppression, disclosure and investigation of corruption offences and elimination of their consequences;
10) authorized body on anti-corruption –public body responsible for formation and implementation of anti-corruption policy of the Republic of Kazakhstan and coordination in the field of combating corruption, as well as the prevention, identification, suppression, disclosure and investigation of corruption offences and its territorial subdivisions;
11) the corruption offense – having signs of corruption are guilty of a wrongful act (action or inaction), for which the law establishes administrative or criminal liability;
12) corruption risk – the possibility of causes and conditions conducive to corruption offenses;
13) corruption prevention – the activity of subjects of counteraction of corruption for the study, detection, limitation and elimination of reasons and conditions conducive to Commission of corruption offences by developing and implementing preventive measures;
14) organizational and administrative functions provided in the law of the Republic of Kazakhstan the right to issue orders and instructions, obligatory for execution by subordinates on service persons, and apply incentives and disciplinary sanctions to subordinates;
Footnote. Article 1 as amended by the laws of the Republic of Kazakhstan dated 06.04.2016 No. 484-V (effective upon expiration of 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 upon expiration of ten calendar days after the date of its first official publication); dated 06.10.2020 No. 365-VI (effective ten calendar days after the date of its first official publication).
Article 2. Scope of this Law