You can't give a valuable gift to government employees!

On October 6, 2020, the head of state signed the Law of the Republic of Kazakhstan "on amendments and additions to certain legislative acts of the Republic of Kazakhstan on anti-corruption issues". The law is aimed at implementing the instructions of the Head of state to establish strict liability for provocative actions of officials engaged in operational search activities or pre-trial investigation. The law completely prohibits gifts, material remuneration, and service to civil servants and their family members for actions in favor of the donor. In accordance with the law, the anti-corruption legislation is extended to persons who make the main decisions on the acquisition and implementation of projects financed from the state budget in quasi-public sector entities. The law also provides for rules aimed at resolving certain issues of joint work of relatives in the same organization, informing about corruption offenses, housing payments to employees of the anti-Corruption service, creating compliance services in quasi-public sector entities, and others.

In particular, in accordance with the current change in the Civil code, it is prohibited to give any valuable gifts to civil servants.

The need to harmonize the provisions of the Civil code regulating donation issues in relation to civil servants with the norms of current legislation was outlined in the message of the constitutional Council dated June 5, 2018 "on the state of constitutional legality in the Republic of Kazakhstan".

I remind you that at present, in accordance with article 367 of the Criminal code ("giving a bribe"), attracting gifts to persons authorized to perform state functions, persons equated to them, persons holding a responsible state position, or officials for previously committed legal actions (inaction) worth more than 2 monthly calculation indices entails criminal liability.

In accordance with articles 676 and 678 Of the code of administrative offences, an administrative act of corruption is the provision of gifts by individuals or legal entities to persons authorized to perform state functions, persons equated to them, and persons holding a responsible state position.

Thus, the current legislation prohibits giving any valuable gifts to corrupt entities, depending on their official position (a bonus worth up to 2 monthly calculation indices entails administrative liability, a bonus worth more than 2 monthly calculation indices entails criminal liability).

Aizhan Nurdildaqyzy,
Deputy akim of Karasay district,
Ethics Commissioner