Note of the rcli!
For the procedure for putting this Law into effect see article 27
Attention users!
A table of CONTENTS has been created for the convenience of using the rcpi.
This Law regulates public relations in the field of anti-corruption and is aimed at implementing the anti-corruption policy of the Republic of Kazakhstan.
Chapter 1. GENERAL PROVISIONS
Article 1. Explanation of certain concepts contained in this Law
The concepts contained in this Law are applied in the following meaning:
1) administrative and economic functions – the right to manage and dispose of property on the balance sheet of the organization granted in accordance with the law of the Republic of Kazakhstan;
1-1) a person holding a responsible public office, a person holding the office established by the Constitution of the Republic of Kazakhstan, constitutional and other laws of the Republic of Kazakhstan for the direct execution of state functions and powers of state bodies, including the Deputy of Parliament of the Republic of Kazakhstan, the judge, or the person holding under the law of the Republic of Kazakhstan on public service political public office or administrative state position of corps "A";
2) official – a person who permanently, temporarily or by special authority performs the functions of a representative of authority or performs organizational and administrative or administrative and economic functions in state bodies, local self-government bodies, as well as in the Armed Forces, other troops and military formations of the Republic of Kazakhstan;
2-1) a person performing managerial functions in a state organization or a quasi-public sector entity – a person who permanently, temporarily, or by special authority performs organizational and administrative or administrative-economic functions in these organizations;
3) a person authorized to perform state functions – a civil servant in accordance with the laws of the Republic of Kazakhstan on public service, a Deputy of the maslikhat, as well as a person temporarily performing the duties provided for by the state position, before his appointment to the state service;
4) 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 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, mayors 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 who performs managerial functions in a state organization or a quasi-public sector entity, employees of the National Bank of the Republic of Kazakhstan and its departments; employees authorized organization in the field of civil aviation, acting in accordance with the legislation of the Republic of Kazakhstan on use of air space of the Republic of Kazakhstan and activities of aircraft, employees of the authorized body on regulation, control and supervision of financial market and financial organizations;
5) conflict of interests – a conflict between the personal interests of persons holding a responsible public office, persons authorized to perform public functions, persons equated to them, officials and their official powers, in which the personal interests of these persons may lead to non-performance and (or) improper performance of their official duties;
6) corruption – illegal use by persons holding a responsible public office, persons authorized to perform public functions, persons equated to persons authorized to perform public functions, officials of their official (official) powers and related opportunities in order to obtain or extract personally or through intermediaries property (non-property) benefits and advantages for themselves or third parties, as well as bribery of these persons by providing benefits and advantages;
7) anti-corruption policy – legal, administrative and organizational measures aimed at reducing corruption risks, increasing public confidence in the activities of state bodies, and other measures in accordance with this Law;
8) anti-corruption restrictions – restrictions established by this Law and aimed at preventing corruption offenses;
9) anti-corruption – the activities of anti-corruption entities within their powers to prevent corruption, including the formation of an anti-corruption culture in society, identify and eliminate the causes and conditions that contribute to the Commission of corruption offenses, as well as to identify, suppress, disclose and investigate corruption offenses and eliminate their consequences;
10) the authorized anti-corruption body – the Central Executive body in the field of public service and anti-corruption and its Department, their territorial divisions, performing functions within their powers for the implementation of the anti-corruption policy of the Republic of Kazakhstan and coordination in the field of anti-corruption;
11) corruption offense – an illegal guilty act (action or omission) that has signs of corruption, for which the law establishes administrative or criminal liability;
12) corruption risk – the possibility of causes and conditions conducive to corruption offenses;
13) corruption prevention – the activity of subjects of counteraction of corruption for the study, detection, limitation and elimination of reasons and conditions conducive to Commission of corruption offences by developing and implementing preventive measures;
14) organizational and administrative functions – the right granted in accordance with the law of the Republic of Kazakhstan to issue orders and orders that are mandatory for subordinates in the service, as well as to apply incentives and disciplinary penalties against subordinates;
Footnote. Article 1 as amended by the laws of the Republic of Kazakhstan dated 06.04.2016 No. 484-V (effective after ten calendar days after the date of its first official publication); from 19.04.2019 No. 249-VI (effective from 01.08.2019); from 03.07.2019 No. 262-VI (effective from 01.01.2020); from 26.11.2019 No. 273-VI (effective after ten calendar days after the date of its first official publication).
Article 2. Scope of this Law
1. This Law applies to individuals and legal entities on the territory of the Republic of Kazakhstan. Outside the Republic of Kazakhstan, this Law applies to citizens of the Republic of Kazakhstan and legal entities registered in the Republic of Kazakhstan, unless otherwise provided by an international Treaty ratified by the Republic of Kazakhstan.
2. Criminal liability and punishment for corruption crimes provided by the Criminal code of the Republic of Kazakhstan, administrative responsibility and penalties for administrative corruption offences Code of the Republic of Kazakhstan on administrative offences.
Article 3. anti-corruption Legislation of the Republic of Kazakhstan
1. the Legislation of the Republic of Kazakhstan on anti-corruption is based on the Constitution of the Republic of Kazakhstan and consists of this Law and other regulatory legal acts of the Republic of Kazakhstan.
2. If an international Treaty ratified by the Republic of Kazakhstan establishes rules other than those contained in this Law, the rules of the international Treaty shall apply.
Article 4. Basic principles of anti-corruption
Anti-corruption measures are based on the following principles:
1) legality;
2) priority of protection of rights, freedoms and legitimate interests of a person and citizen;
3) publicity and transparency;
4) interaction of the state and civil society;
5) systematic and integrated use of anti-corruption measures;
6) priority application of measures to prevent corruption;
7) encouragement of persons providing assistance in combating corruption;
8) the inevitability of punishment for committing corruption offenses.
Article 5. Purpose and objectives of anti-corruption measures
1. the purpose of anti-corruption is to eliminate corruption in the society.
2. Achieving the goal of combating corruption is implemented by solving the following tasks:
1) creating an atmosphere of intolerance to corruption in society;
2) identify the conditions and causes that contribute to the Commission of corruption offenses, and eliminate their consequences;
3) strengthening the interaction of anti-corruption entities;
4) development of international cooperation in combating corruption;
5) detection, suppression, disclosure and investigation of corruption offenses.
Chapter 2. MEASURES OF COUNTERACTION OF CORRUPTION
Article 6. System of measures of counteraction of corruption
The system of anti-corruption measures includes:
1) anti-corruption monitoring;
2) analysis of corruption risks;
3) formation of an anti-corruption culture;
3-1) conducting scientific anti-corruption expertise of draft regulatory legal acts in accordance with the legislation of the Republic of Kazakhstan;