Activities incompatible with the performance of State functions

Activities incompatible with the performance of State functions

Article 13 of the Law of the Republic of Kazakhstan "On Combating Corruption" sets out the following:

  1. Persons holding a responsible state position, persons authorized to perform state functions (except for deputies of maslikhats who do not carry out their activities on a permanent or exempt basis), persons equated to persons authorized to perform state functions (except for candidates for President of the Republic of Kazakhstan, deputies of the Parliament of the Republic of Kazakhstan or maslikhats, akims of cities of district significance, settlements, villages, rural districts, as well as members of elected local self-government bodies, persons, operating in the quasi-public sector entities), public officials are prohibited from:

1) to participate in the management of an economic entity, if the office or participate in the management of an economic entity not part of their official duties in accordance with the laws of the Republic of Kazakhstan, to promote the satisfaction of material interests of the organizations or individuals through the misuse of their authority with the aim of obtaining property or other benefits;

2) engage in entrepreneurial activity, except for the acquisition and (or) sale of shares of open and interval mutual investment funds, bonds on the organized securities market, shares of commercial organizations (common shares in the amount not exceeding five percent of the total number of voting shares of organizations) on the organized securities market;

3) engage in other paid activities, except for pedagogical, scientific and other creative activities.

  1. The persons referred to in paragraph 1 of this Article have the right to lease (lease) a dwelling belonging to them on the right of ownership and receive income from such rental.
  2. The Chairman of the National Bank of the Republic of Kazakhstan and his deputies, the Chairman of the authorized body for regulation, control and supervision of the financial market and financial organizations and his deputies are prohibited from acquiring shares of investment funds, bonds, shares of commercial organizations.

The Chairman of the National Bank of the Republic of Kazakhstan and his deputies, the Chairman of the authorized body for regulation, control and supervision of the financial market and financial organizations and his deputies, within thirty calendar days from the date of their appointment to positions, are obliged to transfer to trust management in accordance with the procedure established by the laws of the Republic of Kazakhstan, the shares of investment funds, bonds and shares of commercial organizations acquired before their appointment to positions.

Non-fulfillment by these persons of the obligations provided for in this paragraph is the basis for the termination of their respective activities.

  1. The persons referred to in paragraph 1 of this Article, within thirty calendar days from the date of taking office, are obliged to transfer to trust management for the duration of these functions in accordance with the procedure established by the laws of the Republic of Kazakhstan, the property belonging to them, the use of which entails income, except for money, bonds, shares of open and interval mutual investment funds legally owned by these persons, as well as property transferred to property lease.
  2. The contract for the trust management of property is subject to notarization.
  3. In case of acquisition of shares (shares) in the authorized capital of commercial organizations and other property, the use of which entails income, with the exception of bonds, shares of open and interval mutual investment funds, the persons specified in paragraph 1 of this Article are obliged to transfer them to trust management within thirty calendar days from the date of acquisition in accordance with the procedure established by the laws of the Republic of Kazakhstan, and submit to the personnel management service (HR service) at the place of work a copy of the notarized contract for the trust management of property within ten working days after the notarization of the contract.
  4. Failure to fulfill the obligations provided for in paragraphs 5 and 7 of this Article by the persons referred to in paragraph 1 of this Article is the basis for their termination of public service or other relevant activities.

 

 

Department of Internal Investigations of HRM

DGD in the Almaty region