| Type of NPA, VND, studied during the analysis |
Name of NPA, VND |
Information on the presence of corruption factors / information on the absence of corruption factors |
Brief description of the identified corruption factor with indication of the clause, article of the regulatory legal act, internal regulatory legal act |
Recommendation for eliminating the corruption factor |
Effect of implementing the recommendation |
Information on eliminating corruption risks |
| Law |
"On religious activities and religious associations" |
In the current legislation of the Republic of Kazakhstan in the sphere of religious activity, there is a legal gap in relation to religious terms, for example, "clergyman". In accordance with the Law of the Republic of Kazakhstan "On religious activity and religious associations" (hereinafter referred to as the Law), the concept of a clergyman is a person authorized by the relevant religious association for spiritual, preaching service. However, this term does not fully disclose the meaning, duties, functions and powers of this position. There is no specific explanation of what category of clergyman an imam, a rector or a parishioner of a religious association belongs to. Also, the Law does not contain the concepts of "parishioner", "spiritual rank". |
This legal gap in the legislation of the Republic of Kazakhstan leads to misunderstandings and litigation between believers of religious associations and employees of state bodies. In accordance with subparagraph 6) of paragraph 1 of Article 36 of the Law of the Republic of Kazakhstan "On military service and the status of military personnel", believers justify their refusal to be called up for military service in the Armed Forces of the Republic of Kazakhstan by serving in a religious organization. Based on this, complaints are filed against state bodies about illegal conscription for military service. |
The Department of Religious Affairs has repeatedly sent letters to the Committee on Religious Affairs of the Ministry of Culture and Information of the Republic of Kazakhstan with a request to amend the Law in terms of the precise definition of the main concepts in paragraph 3) of Article 1 of Chapter 1 of the Law. These amendments are currently under consideration in the Parliament of the Republic of Kazakhstan. |
will help regulate interactions between government agencies and religious associations. |
under consideration |