On approval of the concept of anti – corruption policy of the Republic of Kazakhstan for 2022-2026 and amendments to certain decrees of the president of the Republic of Kazakhstan
Decree of the president of the Republic of Kazakhstan dated February 2, 2022 No. 802
Republic Of Kazakhstan
President and government
in the collection of acts
subject to publication
In accordance with paragraph 88 of the National Action Plan for the implementation of the address of the head of State to the people of Kazakhstan dated September 1, 2021 "unity of the people and systemic reforms – a solid foundation for the prosperity of the country", approved by the decree of the president of the Republic of Kazakhstan dated September 13, 2021 No. 659, I hereby decree:
- attached documents:
1) concept of the anti – corruption policy of the Republic of Kazakhstan for 2022-2026 (hereinafter referred to as the concept);
2) amendments to certain decrees of the president of the Republic of Kazakhstan.
- Central and local executive bodies responsible for the implementation of the concept, state bodies directly subordinate and accountable to the president of the Republic of Kazakhstan, as well as interested organizations (by agreement):
1) take measures to implement the concept;
2) provide information on the implementation of the concept in accordance with the procedure and terms established in the state planning system.
3.to recognize as invalid certain decrees of the president of the Republic of Kazakhstan in accordance with the annex to this decree.
4.the Anti-Corruption Agency of the Republic of Kazakhstan (Anti-Corruption service) shall take measures arising from this decree.
5.control over the implementation of this decree is entrusted to the administration of the president of the Republic of Kazakhstan.
6.this decree comes into force from the date of signing.
Republic Of Kazakhstan
President Of The Republic Of Kazakhstan K. Tokayev
Republic Of Kazakhstan
President of the Republic
Dated February 2, 2022
By Decree No. 802
Approved
Concept of the anti-corruption policy of the Republic of Kazakhstan for 2022-2026
Content
Nur-Sultan, 2022
Part 1. Passport of the concept
Part 2. Analysis of the current situation
Part 3. Review of international experience
Section 4. Vision of anti-corruption policy development
Section 5. Basic principles and approaches to the development of anti-corruption policy
Section 6. Target indicators and expected results
Section 7.. Action plan for the implementation of the concept (appendix)
Part 1. Passport of the concept
Title concept of the anti-corruption policy of the Republic of Kazakhstan for 2022-2026
Basis for the development of the instruction of the president of the Republic of Kazakhstan (paragraph 88 of the National Action Plan for the implementation of the address of the head of State to the people of Kazakhstan dated September 1, 2021 "unity of the people and systemic reforms – a solid foundation for the prosperity of the country")
The state body responsible for the development of the Anti-Corruption Agency of the Republic of Kazakhstan (Anti-Corruption service)
State bodies and organizations responsible for the implementation of state bodies, subordinate organizations, quasi-public sector entities
Implementation period 2022-2026
Part 2. Analysis of the current situation
2.1. achieved results
Kazakhstan's anti-corruption policy is constantly being improved in accordance with the needs of society, taking into account national practices and Best Foreign experience.
A systematic and comprehensive approach in this direction was ensured by the implementation of the Anti – Corruption Strategy of the Republic of Kazakhstan for 2015-2025 (hereinafter referred to as the Anti-Corruption Strategy) approved by the decree of the president of the Republic of Kazakhstan dated December 26, 2014 No. 986.
In connection with the adoption of the law" on combating corruption", a system of anti-corruption measures has been created with a reasonable balance of preventive and criminal legal instruments.
Civil society is actively involved in the fight against corruption through anti-corruption education and the formation of a state of zero tolerance for any manifestations of it.
An independent authorized anti-corruption body has been established –the Anti-Corruption Agency of the Republic of Kazakhstan (Anti-Corruption service), subordinate and accountable to the president of the Republic of Kazakhstan.
Being the main driver of the state's anti-corruption policy, the agency combines elements of effective prevention, large-scale education, constructive partnership with society and criminal law measures in its activities.
The introduction of a standard basic anti-corruption direction for each state body within the framework of project management has strengthened the coordinating potential of the Anti-Corruption service.
Preventive measures in the civil service
The new law" on civil service of the Republic of Kazakhstan "ensures the transition to a" career " model of civil service, introduces the principles of meritocracy through mechanisms of open competitive selection, promotion on the basis of competence. The conditions created for Team shifts have been reduced, the system for evaluating the effectiveness of civil servants has been radically revised, and a new remuneration system based on the results of work has been tested.
The code of ethics of civil servants is being implemented, and the Institute of ethics commissioners has been established in local and central state bodies. Ethics councils work.
A new anti-corruption restriction on the possession of accounts in foreign banks has been introduced for civil servants, Deputies of Parliament and judges.
It provides for a complete ban on receiving and donating gifts in connection with the performance of official duties to persons holding a responsible public position, as well as persons equated to them, authorized to perform state functions, and their family members.
The norms on preventing these persons from working together with close relatives, spouses and relatives have been strengthened. Candidates for public positions are required to notify their relatives working in a state organization.
Financial control measures have been improved. In 2021, civil servants, persons equated to them, as well as their spouses, registered all their assets within the framework of the Universal Declaration and submitted "income" declarations. Starting in 2022, a comparison of income and expenses will be carried out.
The assessment of the activity of akims was supplemented by the target indicator "corruption level" and the methodology for regional measurement of the corruption index was approved.
Minimizing the prerequisites for corruption in courts and law enforcement agencies
The system of selection and evaluation of judges has been improved. In the regional and equivalent courts there are commissions on Judge ethics, the Department of internal security and Prevention of corruption in the courts of the Department for ensuring the activities of the courts under the Supreme Court has been established.
The position of" conciliatory judge " was introduced, which reduced the burden on the courts by three times: almost half of cases end in reconciliation, the parties resolve the dispute themselves, minimizing corruption risks.
Court proceedings have been transferred to online mode. The possibility of manipulation in the automatic case sharing algorithm has been eliminated.
In order to unconditionally apply the principle of the rule of law, an independent court of the Astana International Financial Center has been established, which operates within the framework of a special legal regime for the prompt resolution of civil and commercial disputes of international business.
A three-link model of the criminal process is being introduced, aimed at strengthening guarantees of compliance with the constitutional rights of citizens, the inevitability of punishment and the Prevention of corruption.
Mass video surveillance is being introduced in penitentiary institutions and police offices, as well as in all operational and investigative units of law enforcement agencies.
In everyday practice, electronic systems of pre-trial investigation, administrative proceedings, accounting of subjects and objects of verification, as well as the qamqor Information Service are used.
The expansion of the practice of video surveillance of road traffic "Sergek", which excludes direct contact of offenders with officials, is a vivid example of the use of digitalization to reduce corruption risks in the activities of law enforcement agencies.
The introduction of recruitment standards used in the civil service into the law enforcement system will ensure transparency of selection and, accordingly, the quality and "cleanliness" of personnel.
Along with strengthening the criminal responsibility of law enforcement officers for corruption, measures have been taken to increase their salaries, as well as reimbursement of expenses for renting and purchasing housing for certain categories.
Expanding public control, ensuring transparency of state bodies
In Kazakhstan, public control has been strengthened, in which a whole number of non-governmental organizations operate.
The National Preventive Mechanism and public supervisory commissions are actively working. The National Council of public trust under the president of the Republic of Kazakhstan has been established.
Within the framework of the" listening state " concept, an effective institutional and legal framework has been formed to involve civil society in decision-making processes.
"Through amendments to the law ""on public councils"", the legal status of public councils has been expanded."