MONUMENT
on the gratuitous transfer of gifts received by public servants or other persons who accept anti-corruption restrictions and members of their families for actions (inaction) in favor of the giver, if such actions were included in the official powers of the specified persons or they, by virtue of their official position, contributed to such actions (inaction), or gifts received without the knowledge of the specified persons and members of their families, as well as gifts transferred (given) by to members of their families during protocol and other official events, with the exception of gifts given for achievements in work and other merits, to the authorized body for state property
Government employees or other persons who accept anti-corruption restrictions within seven days from the day of receiving the gift or from the day when it became known to them about the receipt of the gift will hand them over free of charge to the authorized body for state property.
The application for gift transfer should contain the following information:
- F.I.O., position, place of work, contact data, personal identification data of the person giving the gift;
- the name of the gift, its quantity and brief characteristics;
- information about consent to purchase a gift or refusal of purchase.
The transfer of the gift is made by signing the act of inventory, assessment and (or) acceptance-transfer of the property, drawn up by the authorized body in accordance with the established form, with the attachment of a written notice of redemption or refusal of redemption.
A person who has given a gift to an authorized body has the right, with the notification of a higher official, to redeem it at a price determined in accordance with the Law of the Republic of Kazakhstan "On Valuation Activities in the Republic of Kazakhstan", on the basis of a sales contract concluded with an authorized body.
Redemption of the gift is carried out according to the contract of sale between the authorized body and the person who gave the gift, within seven calendar days from the day of receipt by the authorized body of the notification from the person who received the gift.
The transfer of the given gift is made by signing the act of acceptance and transfer between the authorized body and the person who gave the gift, after full payment of the value of the gift specified in the contract of sale.
The authorized body has the right to sell the gift to third parties only after a written refusal of redemption by the person who gave the gift.
The money received from the sale of gifts is transferred to the republican budget.
For reference: in accordance with sub-point 4) point 1 of Article 472 of the Code of the Republic of Kazakhstan dated July 5, 2014 "On Administrative Offenses", administrative legal responsibility is provided for incomplete and (or) untimely transfer of property in the form of gifts to an authorized body, if these acts do not have signs of a criminal act.
The Department of State Property and Privatization (hereinafter - the Department) in accordance with the Rules of accounting, storage, evaluation and further use of property transferred (received) to the ownership of the state on separate grounds, approved by the Resolution of the Government of the Republic of Kazakhstan dated July 26, 2002 No. 833 (hereinafter - the Rules), is the authorized body for organizing work on accounting, storage, evaluation and further use of property transferred (received) to the republic property (further - Account).
In accordance with paragraph 25 of the Rules, gifts received by public servants or other persons who accept anti-corruption restrictions in accordance with Article 12 of the Law of the Republic of Kazakhstan "On Combating Corruption" and members of their families for actions (inaction) in favor of the giver, if such actions were part of the official powers of the specified persons or they contributed to such actions (inaction) by virtue of their official position, or gifts received without with the consent of the specified persons and their family members, as well as gifts given (given) by them and their family members during protocol and other official events, with the exception of gifts given for achievements in work and other services, are considered gifts of the state and become part of the state property by means of their free transfer to an authorized body in the order and terms determined by the laws of the Republic of Kazakhstan "On anti-corruption" and "On public service of the Republic of Kazakhstan", according to the description of the act with the application of the written notification o redemption or refusal to redeem.
The Department takes into account the property transferred (received) to the republican property, incl. gifts specified in paragraph 1 of Article 216 of the Law of the Republic of Kazakhstan "On State Property", given by public servants and other persons who have taken anti-corruption restrictions in accordance with Article 12 of the Law of the Republic of Kazakhstan "On Anti-Corruption", as well as their family members.
List of territorial subdivisions
Committee on state property and privatization