On amendments and additions to some legislative acts of the Republic of Kazakhstan on anti-corruption issues
Law of the Republic of Kazakhstan No. 365-VI of October 6, 2020
Article 1. Make amendments and additions to the following legislative acts of the Republic of Kazakhstan:
- To the Civil Code of the Republic of Kazakhstan (Special Part) of July 1, 1999 (Gazette of the Parliament of the Republic of Kazakhstan, 1999, No. 16-17, Article 642; No. 23, Article 929; 2000, No. 3-4, Article 66; No. 10, Article 244; No. 22, Article 408; 2001, No. 23, Article 309; No. 24, Article 338; 2002, No. 10, Article 102; 2003, No. 1-2, Article 7; No. 4, Article 25; No. 11, Article 56; No. 14, Article 103; No. 15, Article 138, 139; 2004, No. 3-4, Article 16; No. 5, Article 25; No. 6, Article 42; No. 16, Article 91; No. 23, Article 142; 2005, No. 21-22, Article 87; No. 23, Article 104; 2006, No. 4, Article 24, 25; No. 8, Article 45; No. 11, Article 55; No. 13, Article 85; 2007, No. 3, Article 21; No. 4, Article 28; No. 5-6, Article 37; No. 8, Article 52; No. 9, Article 67; No. 12, Article 88; 2009, No. 2-3, Article 16; No. 9-10, Article 48; No. 17, Article 81; No. 19, Article 88; No. 24, Article 134; 2010, No. 3-4, Article 12; No. 5, Article 23; No. 7, Article 28; No. 15, Article 71; No. 17-18, Article 112; 2011, No. 3, Article 32; No. 5, Article 43; No. 6, Article 50, 53; No. 16, Article 129; No. 24, Article 196; 2012, No. 2, Article 13, 14, 15; No. 8, Article 64; No. 10, Article 77; No. 12, Article 85; No. 13, Article 91; No. 14, Article 92; No. 20, Article 121; No. 21-22, Article 124; 2013, No. 4, Article 21; No. 10-11, Article 56; No. 15, Article 82; 2014, No. 1, Article 9; No. 4-5, Article 24; No. 11, Article 61, 69; No. 14, Article 84; No. 19-I, 19-II, Article 96; No. 21, Article 122; No. 23, Article 143; 2015, No. 7, Article 34; No. 8, Article 42, 45; No. 13, Article 68; No. 15, Article 78; No. 19-I, Article 100; No. 19-II, Article 102; No. 20-VII, Article 117, 119; No. 22-I, Article 143; No. 22-II, Article 145; No. 22-III, Article 149; No. 22-VI, Article 159; No. 22-VII, Article 161; 2016, No. 7-I, Article 49; No. 7-II, Article 53; No. 8-I, Article 62; No. 12, Article 87; No. 24, Article 126; 2017, No. 4, Article 7; No. 13, Article 45; No. 21, Article 98; 2018, No. 11, Article 37; No. 13, Article 41; No. 14, Article 44; No. 15, Article 47, 50; No. 19, Article 62; 2019, No. 2, Article 6; No. 7, Article 37; No. 15-16, Article 67; No. 19-20, Article 86; No. 23, Article 103; No. 24-I, Article 118; 2020, No. 12, Article 63; The Law of the Republic of Kazakhstan of July 2, 2020 "On Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on gambling", published in the newspapers" Egemen Kazakhstan "and" Kazakhstanskaya Pravda " on July 3, 2020.):
article 509 should read as follows:
"Article 509. Prohibition of donation
- Donation is not allowed, with the exception of ordinary gifts, the value of which does not exceed the size of ten monthly calculation indices established by legislative acts:
1) on behalf of minors and citizens recognized as legally incompetent, their legal representatives;
2) employees of medical, educational institutions, social protection institutions and other similar institutions by citizens who are in them for treatment, maintenance or upbringing, spouses and relatives of these citizens.
- It is not allowed to give gifts to civil servants and other persons who have assumed anti-corruption restrictions in accordance with the Law of the Republic of Kazakhstan "On Combating Corruption", as well as to their family members for the actions (inaction) of civil servants and other persons who have assumed anti-corruption restrictions, in favor of the donor, if such actions are within the official powers of these persons or these persons, by virtue of their official position, may contribute to such actions (inaction).".
- To the Criminal Code of the Republic of Kazakhstan dated July 3, 2014 (Gazette of the Parliament of the Republic of Kazakhstan, 2014, No. 13-I, 13-II, Article 83; No. 21, Article 122; 2015, No. 16, Article 79; No. 21-III, Article 137; No. 22-I, Article 140; No. 22-III, Article 149; No. 22-V, Article 156; No. 22-VI, Article 159; 2016, No. 7-II, Article 55; No. 8-II, Article 67; No. 12, Article 87; No. 23, Article 118; No. 24 article 126; 2017, No. 8, Article 16; No. 9, Article 21; No. 14, Article 50; No. 16, Article 56; No. 22-III, Article 109; No. 23-III, Article 111; No. 24, Article 115; 2018, No. 1, Article 2; No. 14, Article 44; No. 15, Article 46; No. 16, Article 56; No. 23, Article 88, 91; No. 24, Article 94; 2019, No. 2, Article 6; No. 7, Article 36; No. 8, Article 45; No. 15-16, Article67; No. 19-20, article 86; No. 23, article 108; No. 24-I, 118; No. 24 II, article 120; 2020, No. 9, p. 29; No. 10, article 44, 46; No. 12, p. 63; the Law of the Republic of Kazakhstan dated July 7, 2020 "On amendments and additions to some legislative acts of the Republic of Kazakhstan on issues of health," published in the newspaper "Egemen Kazakhstan" and "Kazakhstanskaya Pravda", July 8, 2020):
1) the table of contents, to Supplement the article title 412-1 follows:
"Article 412-1. Provocation of a crime";
2) in article 3:
in paragraph 19), replace the words "or an organization in which the state's share is more than fifty percent" with the words", a state organization or a quasi-public sector entity";
paragraph 28) should be worded as follows:
"28) a person equated to persons authorized to perform state functions – a person elected to local self-government bodies; a citizen registered in accordance with the procedure established by the law of the Republic of Kazakhstan as a candidate 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 an elected local self-government body; an employee who permanently or temporarily works in a local self-government body, whose remuneration is made from the state budget of the Republic of Kazakhstan; a person performing managerial functions in a state organization or a quasi-public sector entity, as well as a person authorized to make decisions on the organization and conduct of procurement, including public procurement, or responsible for the selection and implementation of projects financed from the state budget and the National Fund of the Republic of Kazakhstan, holding a position not lower than the head of an independent structural unit in these organizations; employees of the National Bank of the Republic of Kazakhstan and its departments; employees of the authorized organization in the field of civil aviation, acting in accordance with the legislation of the Republic of Kazakhstan on the use of the airspace of the Republic of Kazakhstan and the activities of aviation; employees of the authorized body for regulation, control and supervision of the financial market and financial organizations;";
3) add the following article 412-1:
"Article 412-1. Provocation of a crime
- The provocation of a crime, that is, the illegal actions of the officials carrying out operational investigative activities or pre-trial investigation, incites a person to commit a crime in order to further exposure and prosecution or blackmail, –
shall be punishable by deprivation of liberty for a term from three to five years with deprivation of the right to occupy certain positions or engage in certain activities for a term up to seven years.
- The same act involving violence or the threat of violence, destruction or damage to property, or the use of material or other dependence of a person-is
punishable by imprisonment for a term of five to ten years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to ten years.
- Acts provided for in the first or second parts of this article:
1) entailed the commission of a serious or particularly serious crime by a person or the occurrence of other serious consequences;
2) committed in the interests of a criminal group, - shall
be punished by imprisonment for a term of ten to twelve years with deprivation of the right to hold certain positions or engage in certain activities for a term of ten years.".
- To the Criminal Procedure Code of the Republic of Kazakhstan dated July 4, 2014 (Gazette of the Parliament of the Republic of Kazakhstan, 2014, No. 15-I, 15-II, Article 88; No. 19-I, 19-II, Article 96; No. 21, Article 122; 2015, No. 20-VII, Article 115; No. 21-III, Article 137; No. 22-V, Article 156; No. 22-VI, Article 159; 2016, No. 7-II, Article 55; No. 8-II, Article 67; No. 12, Article 87; No. 23, Article 118; No. 24 article 126, 129; 2017, No. 1-2, Article 3; No. 8, Article 16; No. 14, Article 50, 53; No. 16, Article 56; No. 21, Article 98, 102; No. 24, Article 115; 2018, No. 1, Article 2; No. 10, Article 32; No. 16, Article 53, 56; No. 23, Article 91; No. 24, Article 93; 2019, No. 2, Article 6; No. 7, Article 36; No. 19-20, Article 86; No. 23, Article 103; No. 24-I, 118, 119; No. 24 II, article 120; 2020, No. 9, p. 29; No. 10, article 44; No. 12, p. 63; the Law of the Republic of Kazakhstan dated July 7, 2020 "On amendments and additions to some legislative acts of the Republic of Kazakhstan on issues of health," published in the newspaper "Egemen Kazakhstan" and "Kazakhstanskaya Pravda", July 8, 2020):
in article 187:
the third sentence of the first part, after the words "367 (third and fourth parts)" add the numbers ", 412-1";
the second sentence of part four after the digits "412" should be supplemented with the digits", 412-1".
- To the Law of the Republic of Kazakhstan of April 16, 1997 "On Housing Relations" (Gazette of the Parliament of the Republic of Kazakhstan, 1997, No. 8, Article 84; 1999, No. 13, Article 431; No. 23, Article 921; 2001, No. 15-16, Article 228; 2002, No. 6, Article 71; 2003, No. 11, Article 67; 2004, No. 14, Article 82; No. 17, Article 101; No. 23, Article 142; 2006, No. 16, Article 103; 2007, No. 9, Article 67; No. 10, Article 69; No. 15, Article 106, 108; No. 18, Article 143; 2009, No. 11-12, Article 54; No. 18, Article 84; No. 24, Article 122; 2010, No. 5, Article 23; No. 10, Article 52; 2011, No. 1, Article 2, 3; No. 5, Article 43; No. 6, Article 50; No. 10, Article 86; No. 11, Article 102; No. 16, Article 128, 129; 2012, No. 1, Article 5; No. 3, Article 21; No. 4, Article 32; No. 5, Article 41; No. 15, Article 97; No. 21-22, Article 124; 2013, No. 9, Article 51; No. 14, Article 72, 75; No. 15, Article 77; 2014, No. 1, Article 4; No. 14, Article 84, 86; No. 16, Article 90; No. 19-I, 19-II, Article 96; No. 23, Article 143; No. 24, Article 144; 2015, No. 1, Article 2; No. 20-IV, Article 113; No. 22-V, Articles 154, 158; No. 23-II, Article 170; 2016, No. 8-I, Article 65; No. 12, Article 87; No. 23, Article 118; 2017, No. 8, Article 16; No. 11, Article 29; No. 21, Article 98; 2018, No. 10, Article 32; No. 16, Article 56; No. 24, Article 93; 2019, No. 7, Article 39; No. 9-10, Article 52; No. 21-22, Article 90; No. 23, Article 103; No. 24-I, Article 119; No. 24-II, Article 122; 2020, No. 9, Article 31; No. 10, Article 39; No. 13, Article 67):