According to Article 50 of the Law "On the Civil Service of the Republic of Kazakhstan", the acceptance of gifts is not allowed in connection with the performance of state functions:
1) from civil servants and other persons dependent on the service (subordinates, employees of accountable organizations, etc.);
2) from organizations in which the person does not perform the relevant functions, as well as from individuals (subjects of control, persons who have applied, etc.);
3) for general patronage (unjustified appointment to a position, submission to incentive payments, awarding, etc.);
4) for connivance in the service (consent not to apply liability measures in case of violations, etc.).
According to the resolution of the Supreme Court of November 27, 2015 No. 8 "On the practice of considering certain corruption crimes", the actions of an official within the official powers should be understood as such actions that he has the right and is obliged to perform within the official competence. Receiving money or other valuables from subordinates or other persons who are subject to his official powers for patronage or connivance in the service, for a favorable solution of issues within his competence, including possible ones in the future, should be regarded as receiving a bribe.
Therefore, a civil servant does not have the right to accept gifts
from subordinates or other persons who are subject to his official powers, despite the reasons for their donation (holidays, birthdays, promotion, employment, etc.), as well as regardless of the type, quantity, cost and other characteristics of the gift (sweets, cakes, souvenirs, etc.).
In addition, it is prohibited to give gifts and provide non-official services to officials for obtaining property benefits, benefits and advantages.
According to the Rules of Accounting and Storage of State-Owned Property, approved by Government Decree No. 833 of July 26, 2002, gifts are voluntarily handed over to the special fund within 7 calendar days from the date of receipt:
received without the knowledge of a civil servant;
handed over (handed over) in public or during official
events.
Violation of the seven-day period (for money received into the account without his knowledge – a two-week period), as well as the acceptance of gifts in connection with the performance of state functions may become the basis for criminal or administrative liability.
At the same time, receiving a gift for the first time (worth less than 2 MCI or 5,834 tenge) in the absence of a preliminary agreement on receiving a gift for previously committed legal actions is not a crime due to insignificance. However, this entails administrative (Article 677 of the Administrative Code of the Republic of Kazakhstan "Receiving illegal material remuneration", a fine of 600 MCI), as well as disciplinary responsibility for committing a misdemeanor that discredits the civil service (dismissal for negative reasons).
It should be noted that these restrictions do not apply to valuable gifts given to a civil servant as a reward in accordance with the Law "On Civil Service of the Republic of Kazakhstan".