Anti-corruption standards

Approved by

the order of the Chairman of the State Revenue Committee of

Ministry of Finance of the Republic of Kazakhstan

No. 21 dated 14 January 2020 

 

Anti-corruption standards of

the State revenue bodies of the Republic of Kazakhstan

 

  1. General provisions

 

  1. The anti-corruption standards of the State revenue bodies of the Republic of Kazakhstan (hereinafter - the anti – corruption standards) have been developed in accordance with paragraph 2 of Article 10 of the Law of the Republic of Kazakhstan dated November 18, 2015 "On Combating Corruption".
  2. The developer of anti-corruption standards is the State Revenue Committee of the Ministry of Finance of the Republic of Kazakhstan
  3. Anti-corruption standards are aimed at establishing a system of recommendations for state revenue agencies aimed at preventing corruption
  4. The objectives of the development of anti-corruption standards are:

. 1) formation of sustainable anti-corruption behavior among persons working in state revenue bodies;

2) timely detection of corruption manifestations and prevention of their negative consequences.

  1. The principles of anti-corruption standards are:

1) legality;

2) transparency;

3) ethics;

4) respect for the rights and legitimate interests of individuals and legal entities and their protection from corruption;

5) avoiding conflicts of interest.

  1. Anti-corruption standards define the actions and decisions of persons working in the state revenue bodies aimed at strict compliance with the established rules and prevention of corruption.
  2. The anti-corruption standards are based on direct actions for the performance of official duties in terms of preventing manifestations of corruption in the course of:

1) implementation of the rights and legitimate interests of individuals and legal entities in the area affected by the anti-corruption standard;

2) preparation and adoption of managerial and other decisions within the scope of their competence;

3) preparation of draft regulatory legal acts of the Republic of Kazakhstan;

4) other socially significant relations, depending on the specifics of the relevant sphere of life. 

 

  1. Rules of conduct (actions) of persons working in state revenue bodies  
  2. When realization of the rights and legitimate interests of individuals and legal entities in the area affected by the anti-corruption standard:

1) ensure the legality and fairness of their decisions;

2) not to use the official position to influence the activities of state bodies, organizations, civil servants and other persons in resolving issues of a personal nature;

3) not to disseminate information that does not correspond to reality;

4) prevent the commission of misdemeanors and other offenses for which the law provides for disciplinary, administrative or criminal liability;

5) to prevent illegal interference in the activities of other state bodies, organizations and business entities.

  1. When preparing and making managerial and other decisions within the their competence:

1) report to the direct manager on the occurrence in the event of conflicts of interests, personal interest in the line of official duties, on the inducement to corrupt behavior and receiving gifts, on the facts of corruption that have become known;

2) not to be guided by personal and self-serving interests in the performance of official duties;

3) refrain from addressing colleagues and managers with illegal requests that violate the established order of relations, which may affect their adoption of an impartial official decision;

4) not to incite or encourage other persons to commit corruption offenses;

5) not to give gifts to colleagues, managers and other officials and not to provide non-service services for obtaining property benefits, benefits or advantages with the use of official powers;

6) do not accept gifts in connection with the performance of official duties;

7) not to use official and other information that is not subject to dissemination for the purpose of obtaining or extracting property and non-property benefits and advantages;

8) refuse to be appointed to a position if it is connected with the direct subordination or control of persons who are in close family relations (parents, spouses, brothers, sisters, children);

9) refrain from assisting anyone in carrying out business and other activities related to the extraction of income;

10) refrain from representing or lobbying the interests of third parties, as well as performing actions on their behalf.

  1. When providing public services and issuing permits to officials of state revenue bodies, it is recommende:

1) take measures to improve the quality of public services on an ongoing basis;

2) avoid red tape when considering applications for public services and permits, issue them within the established time frame;

3) not to enter into off-duty relations with applicants for public services and permits;

4) not to require or request the submission of additional documents that are not included in the approved list for the provision of public services, obtaining permits, as well as documents that can be obtained from information system

  1. By inspections of legal entities and individuals within the competence of state revenue bodies, officials are recommended to:

1)prevent the violation of the protected rights and legitimate interests of the subjects of the audit;

2) not to make illegal demands to the audited entities, not to make requests that are not related to the subject of the audit;

3) provide the audited entity with the necessary information related to the subject of the audit during its conduct;

4) not to provide protection to business entities in their personal and self-serving interests;

7) when carrying out inspections, do not require documents that are not related to the subject of the audit from the audited business entities;

8) not to allow, without the consent of the business entity, the dissemination and (or) use of information that has become known due to the performance of official duties, constituting a commercial secret, except for cases established by the legislation of the Republic of Kazakhstan

  1. When organizing personnel management on the selection and placement of employees of state revenue bodies, managers and officials of state revenue bodies are recommended to:

1) be guided by the principle of meritocracy;

2)  when applying for a job in the state revenue bodies, explain the main duties, prohibitions and restrictions imposed on officials;

3) comply with the requirements of the legislation of the Republic of Kazakhstan when selecting personnel;

4) prevent the unjustified transfer of information about the personal data of employees of state revenue bodies;

5) do not require candidates for employment in state revenue bodies to submit documents that are not provided for by law

  1. When preparing draft regulatory legal acts:

1) develop draft regulations and legal acts in accordance with the requirements of the legislation of the Republic of Kazakhstan;

2) send draft regulatory legal acts affecting the interests of business entities to accredited associations of private business entities and the National Chamber of Entrepreneurs of the Republic of Kazakhstan with the mandatory attachment of an explanatory note for obtaining an expert opinion, including at each subsequent approval of this project with the interested state bodies;

3) post draft regulatory legal acts for public discussion on the Internet portal of open regulatory legal acts, taking into account the requirements of the legislation of the Republic of Kazakhstan and the regulatory legal acts of the National Bank;

4) send copies of registered regulatory legal acts for official publication to the Reference Control Bank of Regulatory Legal Acts of the Republic of Kazakhstan. Register of state registration of normative legal acts, as well as for subsequent official publication.

  1. In other socially significant relations, depending on the specifics of the sphere of life:

1) specifically and clearly define the tasks and scope of the official powers of subordinate officials;

2) to prevent an uneven distribution of the workload between the officials who are subordinate;

3) to show fairness and objectivity in assessing the results of their activities, as well as the application of incentives and penalties;

4) not to give clearly impossible orders or go beyond the scope of their official duties, as well as contrary to the law;

5) not to use the official position to influence the activities of subordinates in solving issues of an off-duty nature;

6) not to force subordinates to commit corruption offenses;

7) prevent and prevent violations of anti-corruption legislation by subordinates and other officials;

8) take timely and comprehensive measures to resolve the conflict of interest that has arisen among colleagues in the course of their official duties;

9) take comprehensive measures to prevent corruption;

10) not to participate in gambling of a monetary or other property nature with a superior or subordinate, or an official who is otherwise dependent on him in the service or work.

 

Дата публикации
06 ноября 2020