On October 6, 2020, President of the Republic of Kazakhstan K. Tokayev signed the Law of the Republic of Kazakhstan "On Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on anti-Corruption Issues". The law is aimed at introducing additional measures for the systematic prevention of corruption.
The law totally prohibits gifts, material payments and the provision of services to officials and members of their families for actions in favour of the donor.
Currently, in accordance with article 367 of the Criminal Code ("bribery"), giving gifts to persons authorized to perform state functions, equivalent to them, responsible state officials or officials for legal actions (inaction) in the amount of more than 2 monthly calculation indices entails criminal liability. In accordance with articles 676, 678 of the Code of Administrative Offences, the illegal giving of gifts by individuals or legal entities to the above-mentioned officials is an act of administrative corruption. Thus, the current legislation prohibits the subjects of corruption to give any valuable gifts, depending on their official position (a gift in the amount of up to 2 monthly accounting indexes entails administrative liability, a gift in the amount of more than 2 monthly accounting indexes entails criminal liability). Based on the above, the Anti-Corruption Law prohibits family members of persons subject to anti-corruption restrictions from receiving material rewards, gifts or services.
The number of quasi-public sector officials who are subjects of corruption has been expanded. From now on, employees of quasi-state companies authorized to make decisions on the organization and conduct of procurement, responsible for the selection and implementation of projects funded from the state budget and the National Fund, holding a position no lower than the head of an independent structural unit, are classified as subjects of corruption. That is, they will fully assume the anti-corruption restrictions provided for by the Law "On Combating Corruption", and will also bear more serious responsibility in case of committing corruption offences.
Previously, such rules applied only to the first managers of quasi-state companies. Now, this circle is significantly expanded. This amendment, together with the introduction of anti-corruption compliance services, will be an effective measure to prevent abuse by employees of the quasi-public sector and eliminate corruption risks. In the quasi-public sector organizations, the institute of anti-corruption compliance service is being introduced, which is responsible for compliance with corporate standards of prudence. Compliance is a concept from the West. This is a structural unit that reports directly to the first head and works comprehensively to prevent corruption in any organization.
The Law "On Combating Corruption" and the number of other laws specify that persons authorized to perform state functions and persons equated to them, not only cannot hold positions that are directly subordinate to positions held by close relatives, spouses or relatives, but also cannot have close relatives, spouses or relatives in direct subordination. A duty is introduced for persons who are candidates for public office or a position related to the performance of state or equivalent functions, notify the management of the organization for which they are applying in writing about their close relatives, spouse and (or) relatives working in this organization.
As part of the implementation of the President's instructions, the Law provides for criminal liability for provocative actions of officials engaged in operational search activities or pre-trial investigation. Article 412-1 "Provocation to commit a crime" has been added to the Criminal Code, which will cover not only bribery but also any crime. In this case, provocative actions are considered illegal actions of an official carrying out operational search activities or pre-trial investigation, inducing a person to commit a crime for its subsequent disclosure and criminal prosecution or extortion.
The adoption of this amendment will strengthen the protection of the constitutional rights of citizens, will become an additional barrier against the illegal actions of officials.
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