Anti-corruption law
Law of the Republic of Kazakhstan No. 410-V of November 18, 2015
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) 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, quasi-public sector entities, local self-government bodies, as well as in the Armed Forces, other troops and military formations of the Republic of Kazakhstan;
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; a person who performs managerial functions in a state organization or a quasi-public sector entity, employees of the National Bank of the Republic of Kazakhstan and its departments;
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 improper performance of their official powers;
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 anti – corruption body-the Central Executive body in the field of public service and anti-corruption and its Department, their territorial divisions, performing functions within their powers for the implementation of the anti-corruption policy of the Republic of Kazakhstan and coordination in the field of anti-corruption;
11) corruption offense – an illegal guilty act (action or omission) with signs of corruption, for which the law establishes administrative or criminal liability;
12) corruption risk – the possibility 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.
Footnote. Article 1 as amended by the law of the Republic of Kazakhstan dated 06.04.2016 No. 484-V (effective ten calendar days after the date of its first official publication).
Article 2. Scope of this Law
1. this Law applies to individuals and legal entities on the territory of the Republic of Kazakhstan. 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 by an international Treaty ratified by the Republic of Kazakhstan.
2. Criminal liability and punishment for corruption offences are provided by The criminal code of the Republic of Kazakhstan, administrative liability and penalties for administrative corruption offences are provided by the code of the Republic of Kazakhstan on administrative offences.
Article 3. anti-corruption legislation of the Republic of Kazakhstan
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.