On approval of the Rules for encouragement of persons, reported about a fact of corruption offence or otherwise providing assistance in combating corruption

On approval of the Rules for encouragement of persons, reported about a fact of corruption offence or otherwise providing assistance in combating corruption

Decree of the Government of the Republic of Kazakhstan dated December 30, 2015 No. 1131.

Unofficial translation

In accordance with paragraph 3 of article 24 of the Law of the Republic of Kazakhstan dated November 18, 2015 "On Combating Corruption" the Government of the Republic of Kazakhstan HEREBY DECREES:

  1. To approve the attached Rules for encouragement of persons, reported about a fact of corruption offence or otherwise providing assistance in combating corruption.
  2. The decree of the Government of the Republic of Kazakhstan dated August 23, 2012 no. 1077 "On approval of the Rules for encouragement of persons, reported about a fact of corruption offence or otherwise providing assistance in combating corruption " (Collected Acts of the President and the Government of the Republic of Kazakhstan, 2012, no. 67, art. 955) shall be declared to be no longer in force.
  3. This decree shall be put into effect from January 1, 2016 and shall be subject to official publication.

 

Prime Minister of the Republic of Kazakhstan К. Massimov

  

Rules for encouragement of persons, reported about a fact of corruption offence or otherwise providing assistance in combating corruption
1. General provisions

  1. These Rules for encouragement of persons, reported about a fact of corruption offence or otherwise providing assistance in combating corruption (hereinafter referred to as the Rules), have been developed in accordance with paragraph 3 of article 24 of the Law of the Republic of Kazakhstan dated November 18, 2015 "On Combating Corruption" and determine the procedure for encouragement of persons, reported about a fact of corruption offence or otherwise providing assistance in combating corruption.
  2. For the persons, reported about a fact of corruption offence or otherwise providing assistance in combating corruption, encouragement shall be established performed in the form of a lump-sum money reward.

The encouragement in the form of a lump-sum money reward shall be established in the following amounts:

1) for administrative cases on corruption offences – 30 Monthly Calculation Index (hereinafter referred to as the MCI);

2) for criminal cases on corruption crimes of low severity – 40 MCI;

3) for criminal cases on corruption crimes of medium severity – 50 MCI;

4) for criminal cases on felony corruption crimes – 70 MCI;

5) for criminal cases on particularly serious corruption crimes – 100 MCI.

In cases, stipulated by paragraph 9 of these Rules, encouragement in the form of awarding a certificate or declaration of gratitude may be established.

  1. Financing of encouragement shall be at the expense of the republican budget.

2. Conditions, grounds and the procedure for encouragement

4. Assistance in combating corruption shall include the following:

1) reporting on the fact of committing a corruption offence;

2) providing information about the location of a wanted person, committed the corruption offence;

3) other assistance that was subsequently relevant for the detection, suppression, disclosure and investigation of a corruption offence.

  1. The encouragement shall be performed in case if the information, provided by the person, corresponds to the facts and in relation to the guilty person:

1) the order of the court on imposing an administrative penalty has entered into legal force;

2)the verdict of guilty has entered into legal force;

3) an order to terminate a criminal case on non-rehabilitating grounds has been issued.

5-1. If on the basis of information of a person reported about a fact of corruption offence or otherwise providing assistance in combating corruption several crimes of different severity degrees has been detected, payment of a lump-sum money reward shall be made for the most severe of them, in the amount established in paragraph 2 of these Rules.

  1. Materials for encouragement shall be generated and sent to the anti-corruption service by the bodies (hereinafter referred to as the anti-corruption agencies) set forth in article 19 and paragraph 2 of article 22 of the Law of the Republic of Kazakhstan dated November 18, 2015 "On Combating Corruption" within fifteen days upon the date of arising of the right for encouragement and shall include:

1) request of an anti-corruption body;

2) a copy of application, registered in the crime record book, uniform register of prejudicial inquiries, as well as information about an application of a person concerning a fact of corruption offence or other documents confirming provision of assistance of a person in the detection, suppression, disclosure and investigation of corruption offences;

3) a copy of the protocol on committing an administrative offence or an order on initiating the administrative offence cases;

4) a copy of the court order on imposition of an administrative penalty that has entered into legal force;

5) a copy of the protocol of the simplified pre-judicial proceedings, guilt verdict that has entered into legal force, or an order on termination of a criminal case on non-rehabilitating grounds;

6) a copy of identity document, and bank details of personal or other account of a person for payment of a lump-sum money reward.

  1. The head of anti-corruption service within five working days upon receipt of materials, stipulated by paragraph 6 of these Rules, shall issue an order on encouragement, which shall be the grounds for payment to the person of a lump-sum money reward.
  2. Payment of lump-sum money reward shall be made within fifteen working days upon issuance of the order on encouragement by money transfer to the personal or other account of a person.
  3. In case of refusal from the lump-sum money reward, the person, reported about the fact of the corruption offence or otherwise provided assistance in combating corruption shall submit a corresponding application to the anti-corruption agency.

At the same time, operational investigative units may apply a request to the head of the anti-corruption service on awarding a person with a certificate or declare gratitude to him.

Дата публикации
13 января 2020