Note of the rcli!
For the procedure for putting this Law into effect see article 27
Attention users!
A table of CONTENTS has been created for the convenience of using the rcpi.
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 the 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; 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; 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 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 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 after ten calendar days after the date of its first official publication); from 19.04.2019 No. 249-VI (effective from 01.08.2019); from 03.07.2019 No. 262-VI (effective from 01.01.2020); from 26.11.2019 No. 273-VI (effective after 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 crimes provided by the Criminal code of the Republic of Kazakhstan, administrative responsibility and penalties for administrative corruption offences 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.
Article 4. Basic principles of anti-corruption
Anti-corruption measures are based on the following principles:
1) legality;
2) the priority of protecting the rights, freedoms and legitimate interests of a person and citizen;
3) transparency and transparency;
4) interaction between the state and civil society;
5) systematic and integrated use of anti-corruption measures;
6) priority application of corruption prevention measures;
7) encouraging persons who provide assistance in combating corruption;
8) the inevitability of punishment for committing corruption offenses.
Article 5. Purpose and objectives of anti-corruption
1. the purpose of anti-corruption is to eliminate corruption in society.
2. The goal of combating corruption is achieved by solving the following tasks:
1) creating an atmosphere of intolerance to corruption in society;
2) identify the conditions and causes that contribute to the Commission of corruption offenses, and eliminate their consequences;
3) strengthening the interaction of anti-corruption actors;
4) development of international cooperation to combat corruption;
5) detection, suppression, disclosure and investigation of corruption offenses.
Chapter 2. MEASURES OF COUNTERACTION OF CORRUPTION
Article 6. System of measures of counteraction of corruption
The system of anti-corruption measures includes:
1) anti-corruption monitoring;
2) analysis of corruption risks;
3) forming an anti-corruption culture;
3-1) conducting scientific anti-corruption expertise of draft regulatory legal acts in accordance with the legislation of the Republic of Kazakhstan;