On January 3, 2023, the Head of State signed the Law "On amendments and additions to some legislative acts of the Republic of Kazakhstan on combating corruption and ensuring the security of person falling under state protection" No. 188-VII of the LRK.
The adopted amendments provide for further improving the anti-corruption legislation, including through the introduction of new tools to prevent corruption, the elimination of legal gaps.
Responsibility for unjustified enrichment is introduced through control over the compliance of expenditures and revenues of civil servants, as well as persons equated to them.
Fiscal sanctions and influenced career will be applied for the mismatch between the official's expenditures and revenues based on the results of the comparison of declarations.
In every case, the civil servant will be given the opportunity to confirm the legality of the expenditures.
If he is not able, then administrative liability will come in the form of a fine in the amount of 90% from the sum of the difference. In the event of a significant discrepancy, namely: excess of the annual income of an official, in addition to a fine, he is subject to dismissal on adverse grounds.
Establishing facts of unjustified enrichment is entrusted to the state revenue bodies within the framework of cameral control. The norms will apply to civil servants, persons equated to them and their spouses.
The deadline for introduction of the innovation is set for 2027, taking into account the full coverage of the population by universal declaration.
It should be noted that the introduction of liability for unjustified enrichment is one of the requirements of the UN Convention against corruption, ratified by Kazakhstan in 2008.
Measures have been implemented to strengthen the protection of persons who reported facts of corruption. The amendments are aimed at protecting the labor rights of such persons.
These persons may not be brought to disciplinary responsibility, dismissed from their jobs or transferred to another post without the recommendations of the disciplinary commission or other collegial body.
At the same time, a state body or organization will be required to invite a representative of the anti-corruption service to participate in a meeting of the collegial body.
Measures to protect confidential information on these persons will also be strengthened by introducing criminal liability for the disclosure of such information.