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Gifts in the civil service

Gifts in the civil service
In the eve of new year holidays once again I want to note that in October this year, the Head of state signed the Law of Kazakhstan "On amendments and additions to some legislative acts of the Republic of Kazakhstan on issues of counteraction of corruption. The law provides for norms that establish a complete ban on gifts, material remuneration and the provision of services to civil servants and their family members for actions in favor of the donor.
At the same time, according to article 50 of the Law of the Republic of Kazakhstan "On Civil Service", the following acts of civil servants are recognized in the Law as disciplinary offenses that discredit the civil service:
- accepting for the performance of their state or equivalent functions any remuneration in the form of money, services and other forms from organizations in which the person does not perform the relevant functions, as well as from individuals, unless otherwise provided by the legislation of the Republic of Kazakhstan.
Money received into the account of a civil servant without the knowledge of the said person is subject to transfer to the republican budget within two weeks after its discovery, with an explanation to the relevant state revenue body about the circumstances of receipt of such funds;
- acceptance of gifts or services in connection with the performance of their state or equivalent functions from state employees and other persons dependent on them in the service, for general patronage or connivance in the service.
Gifts received without the knowledge of the public servant and received by it in connection with the performance of the relevant functions are subject to gratuitous transfer to the authorized body on state property management within seven calendar days from the date of receipt of the gift or on the date when the civil servant became aware of the gift received, and rendered to a public servant in the same circumstances the services must be paid in advance by money transfer to the Republican budget within seven calendar days from the day of service or from the date, when the public servant became aware of the provision of the service.
A civil servant who has received gifts has the right to redeem them at the cost determined in accordance with the Law of the Republic of Kazakhstan "On Appraisal Activities in the Republic of Kazakhstan", with the notification of a higher official, on the basis of a purchase and sale agreement concluded with the authorized body for state property management. The proceeds from the sale of gifts are transferred to the republican budget;
- acceptance of invitations to domestic and foreign tourist, health-improving and other trips at the expense of individuals and legal entities both foreign and the Republic of Kazakhstan, with the exception of trips: at
the invitation of a spouse, relatives at their expense;
at the invitation of other individuals (with the consent of a higher official or body), if the relationship with them does not affect the issues of official activity of the invited persons;
carried out in accordance with international treaties of the Republic of Kazakhstan or by mutual agreement between the state bodies of the Republic of Kazakhstan and the state bodies of foreign states at the expense of the relevant state bodies and (or) international organizations;
carried out with the consent of a higher official or body for participation in scientific, sports, creative, professional, humanitarian events at the expense of organizations, including trips carried out within the framework of the statutory activities of such organizations.
Family members of a civil servant are not entitled to accept gifts and services, invitations to tourist, medical and health-improving and other trips at the expense of individuals and legal entities, both foreign and the Republic of Kazakhstan, with which the specified person is connected by service. A civil servant is obliged to transfer gifts illegally received by his family members to the authorized body for state property management free of charge within seven calendar days from the day when he became aware of the receipt of the gift, and to reimburse the cost of services that his family members illegally used by transferring money to the republican budget within seven calendar days from the day when the civil servant became aware of the provision of the service.
Note. In the Law, family members of a person referred to in the first paragraph of paragraph 1 of this Article are understood to be his or her spouse, parents, children, including adults, and persons who are dependent and permanently residing with him or her.
Thus, in order to comply with the norms of the current legislation, an individual or legal entity is prohibited from giving gifts to civil servants, and the latter are not entitled to accept them.
Laws regulating the procedure for performing certain State functions may establish other legal norms that provide for restrictions aimed at preventing corruption.
Thus, according to the Code of the Republic of Kazakhstan "On Administrative Offenses" for the provision by individuals to persons authorized to perform state functions, or persons equated to them, of illegal material remuneration, gifts, benefits or services, if these actions do not contain signs of a criminal offense, entails a fine in the amount of two hundred monthly calculation indicators.
For obtaining a person authorized to perform state functions, or equated to face him in person or through the intermediary of illegal material remuneration, gifts, benefits, or services for actions (inactions) in favour of persons who have provided them, if such actions (inaction) are included into office powers of the person authorized to perform state functions, or equivalent persons, if these actions do not contain signs of penal act, provides for administrative liability in the form of a fine in the amount of six hundred monthly calculation indices.
Incomplete and (or) untimely transfer to the authority of the property received in the property of the state on separate grounds, if these actions do not have signs of penal act, namely, the gifts received by the person authorized to perform state functions or a person equated to him, and to members of their families, subject to free delivery in a special state Fund that entails a fine for individuals of eight, on officials – in the amount of fifteen, for legal entities – in the amount of forty-five monthly calculation indices.