Giving gifts to government officials is prohibited

We would like to recall the inadmissibility of giving any tangible value to a government employee.

October 6 this year, the Head of State Kasim-Zhomart Tokayev signed the Law of the Republic of Kazakhstan "On amendments and additions to some legislative acts of Kazakhstan concerning counteraction to corruption".

This Law is aimed at introducing additional measures for the systematic prevention of corruption.

So, one of these measures is a complete ban on gifts, material rewards and the provision of services to civil servants and their families for actions in favor of the donor.

Thus, the current legislation prohibits giving any valuable gifts to government officials depending on their official position.

What kind of punishment can a gift made to a civil servant entail?

For giving a gift to an official worth less than 2 MCI (5,556 tenge):

- an individual is brought to administrative responsibility in the form of a fine in the amount of two hundred monthly calculation indices (555 thousand 600 tenge);

- a legal entity in the form of a fine in the amount of seven hundred and fifty monthly calculation indices (2 million 83 thousand 500 tenge).

And for receiving a gift, a civil servant is subject to a fine in the amount of six hundred monthly calculation indices (1 million 666 thousand 800 tenge).

A gift worth more than 2 MCI entails criminal liability in accordance with Articles 366 (taking a bribe) and 367 (giving a bribe) of the Criminal Code of the Republic of Kazakhstan.

The law imposes special requirements and restrictions on civil servants in their civil service.

Also, disciplinary offenses that discredit the civil service are defined, the responsibility for which is provided in the form of: demotion in public office, warning of incomplete official compliance or dismissal.

In particular, the following unlawful acts on the part of civil servants are recognized as misconduct:

1) giving gifts and the provision of unofficial services to officials in order to receive, using the official powers of these persons, property benefits, benefits or advantages;

2) acceptance of gifts or services in connection with the performance of their state or equivalent functions from civil servants and other persons dependent on them in the service, for general patronage or connivance in the service.

Gifts received without the knowledge of the civil servant, as well as received by him in connection with the performance of the relevant functions, are subject to donation to a special state fund within seven days. And services rendered to a civil servant under the same circumstances must be paid for by transferring money to the republican budget.

In addition, family members of a civil servant are not entitled to accept gifts and services, invitations to travel, health-improving and other trips at the expense of individuals and legal entities, both foreign and the Republic of Kazakhstan, with whom the specified person is associated in service. A civil servant is obliged, within seven days, to donate gifts illegally received by his family members to a special state fund and reimburse the cost of services that his family members unlawfully used by transferring money to the republican budget.

Office Investigations HRM

Department of State Revenues for Almaty region