Note of the rcli!
For the procedure for putting this Law into effect, see article 27
Attention of 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 procedure established by 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 the government or performs organizational and administrative or administrative-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 who performs 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 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, until his appointment to the state service;
4) a person equated to persons authorized to perform state function, – the person elected to bodies of local self-government; citizen, registered in accordance with law of the Republic of Kazakhstan as a candidate for the Presidency of the Republic of Kazakhstan, deputies of the Parliament of the Republic of Kazakhstan or maslikhats, akims of cities of regional value, settlements, villages, rural districts, and as members of an elective body of local self-government; 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 contradiction between the personal interests of persons holding a responsible public position, 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 state position, persons authorized to perform state functions, persons equated to persons authorized to perform state 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 activity of subjects of counteraction of corruption within their authority to prevent corruption, including the formation of anti-corruption culture in society, to identify and eliminate causes and conditions conducive to corruption offenses, as well as for the identification, suppression, disclosure and investigation of corruption offences and elimination of their consequences;
10) 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) with signs of corruption, for which the law establishes administrative or criminal liability;
12) corruption risk – the possibility of causes and conditions that contribute to the Commission of corruption offenses;
13) prevention of corruption – the activities of anti-corruption entities to study, identify, limit and eliminate the causes and conditions that contribute to the Commission of corruption offenses by developing and implementing a system of preventive measures;
14) organizational and administrative functions provided in the law of the Republic of Kazakhstan the right to issue orders and instructions, obligatory for execution by subordinates on service persons, and apply incentives and disciplinary sanctions to 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. The legislation of the Republic of Kazakhstan on combating corruption
1. the Legislation of the Republic of Kazakhstan on combating 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) of the act;
2) priority of protection of the rights, freedoms and legitimate interests of a person and citizen;
3) transparency and transparency;
4) interaction between the state and civil society;
5) systematic and integrated use of anti-corruption measures;
6) priority application of corruption prevention measures;
7) encouragement of persons who provide assistance in combating corruption;
8) the inevitability of punishment for committing corruption offenses.
Article 5. Purpose and objectives of anti-corruption
1. The purpose of combating corruption is to eliminate corruption in society.
2. Achievement of the anti-corruption goal 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 actors;
4) development of international cooperation to combat 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) forming 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;
4) identification of corruption-related norms in the course of legal expertise in accordance with the legislation of the Republic of Kazakhstan;
5) formation and compliance with anti-corruption standards;
6) financial control;
7) anti-corruption restrictions;
8) prevention and resolution of conflicts of interest;
9) anti-corruption measures in the field of entrepreneurship;
10) detection, suppression, disclosure and investigation of corruption offenses;
11) reporting corruption offences;
12) elimination of consequences of corruption offenses;
13) formation and publication of the National anti-corruption report.
Footnote. Article 6 as amended By the law of the Republic of Kazakhstan dated 26.11.2019 No. 273-VI (effective from 01.01.2020).
Article 7. Anti-corruption monitoring
1. anti-Corruption monitoring – the activity of anti-corruption entities to collect, process, summarize, analyze and evaluate information related to the effectiveness of anti-corruption policies, the state of law enforcement practice in the field of anti-corruption, as well as the perception and assessment of the level of corruption by society.
2. the purpose of anti-corruption monitoring is to assess law enforcement practices in the field of anti-corruption.
3. Sources of anti-corruption monitoring are legal statistics and appeals of individuals and legal entities, information from non-governmental and international organizations, data from opinion polls and publications in the mass media, as well as other sources of information not prohibited by law.
4. the Results of anti-corruption monitoring can be the basis for conducting an analysis of corruption risks, as well as improving measures aimed at forming an anti-corruption culture.
5. the Provisions of this article do not apply to the activities of special state bodies.
Article 8. Analysis of corruption risks
1. analysis of corruption risks (external and internal) - identification and study of the causes and conditions that contribute to the Commission of corruption offenses.
2. External analysis of corruption risks is carried out by the authorized anti-corruption body in accordance with the procedure determined by the Government of the Republic of Kazakhstan in coordination with the Administration of the President of the Republic of Kazakhstan, in the following areas:
1) identification of corruption risks in regulatory legal acts affecting the activities of state bodies and organizations, quasi-public sector entities;
2) identification of corruption risks in the organizational and managerial activities of state bodies and organizations, subjects of the quasi-public sector.
The authorized anti-corruption body has the right to involve specialists and (or) experts of other anti-corruption entities in conducting an external analysis of corruption risks.
Based on the results of an external analysis of corruption risks, state bodies, organizations and quasi-public sector entities take measures to eliminate the causes and conditions of corruption.
3. The effect of paragraph 2 of this article shall not apply to relations in the spheres of:
1) higher supervision by the Prosecutor's office;
2) pre-trial proceedings in criminal cases;
3) proceedings on administrative offences;
4) justice;
5) operational and investigative activities;
6) criminal Executive activity;
7) monitoring compliance with the requirements of the legislation of the Republic of Kazakhstan on state secrets.
4. the Provisions of paragraph 2 of this article shall not apply to the activities of special state bodies.
5. State bodies, organizations and entities of the quasi-public sector carry out an internal analysis of corruption risks, based on the results of which they take measures to eliminate the causes and conditions that contribute to the Commission of corruption offenses.
The standard procedure for conducting internal analysis of corruption risks is determined by the authorized anti-corruption body.
Footnote. Article 8 as amended By the law of the Republic of Kazakhstan dated 03.07.2017 No. 86-VI (effective ten calendar days after the date of its first official publication).
Article 9. Formation of an anti-corruption culture
1. Formation of an anti-corruption culture – activities carried out by anti-corruption actors within their competence to preserve and strengthen the value system in society that reflects intolerance to corruption.
2. the formation of an anti-corruption culture is carried out through a set of educational, informational and organizational measures.
3. Anti-corruption education is a continuous process of education and training for the purposes of moral, intellectual, cultural development and civic anti-corruption personality.
4) persons equated to persons authorized to perform state functions, and their spouses.
4.in case of acquisition of property determined by the tax legislation of the Republic of Kazakhstan during the reporting calendar year, the persons specified in paragraph 3 of this article in the Declaration of income and property shall reflect information on the sources of coverage of expenses for the acquisition of the specified property.
5. the Declaration of assets and liabilities is drawn up in accordance with the tax legislation of the Republic of Kazakhstan and is submitted in the form and in the manner determined by the tax legislation of the Republic of Kazakhstan.
6. Declaration on income and property shall be made in accordance with the tax legislation of the Republic of Kazakhstan and is represented in the form, order and terms, stipulated by the tax legislation of the Republic of Kazakhstan.
1) holding political public positions;
2) holding administrative state positions of the "a" corps";
3) members of the Parliament of the Republic of Kazakhstan;
4) judges of the Republic of Kazakhstan;
5) persons performing managerial functions in quasi-public sector entities.
The list of information to be published is determined by the authorized anti-corruption body.
The information specified in part two of this paragraph is posted by the personnel management services (HR services) of state bodies, organizations, the Parliament of the Republic of Kazakhstan and the Supreme Court of the Republic of Kazakhstan on their official Internet resources.
10. the Requirements of paragraph 7 and sub-paragraphs 1) and 2) of paragraph 9 of this article do not apply to information constituting state secrets.
11. Natural and legal persons involved in the implementation of functions on management of state property, are in order and the terms established by the Government of the Republic of Kazakhstan, reports on all transactions of a material nature and financial activity related to state property in the state organisation in respect of state property proprietary rights.
12. information Received by the state revenue bodies provided for in this article is a secret protected by law in accordance with the legislation of the Republic of Kazakhstan. Their disclosure entails liability in accordance with the laws of the Republic of Kazakhstan.
13. Information constituting official and tax secrets shall be submitted to the authorized financial monitoring body for the purposes and in accordance with the procedure provided for by the Law of the Republic of Kazakhstan "on countering the legalization (laundering) of proceeds from crime and the financing of terrorism".
Footnote. Article 11 as amended By the law of the Republic of Kazakhstan dated 26.11.2019 No. 273-VI (effective ten calendar days after the date of its first official publication).
Article 12. Anti-corruption restrictions
1. In order to prevent persons holding a responsible state position, persons authorized to perform state functions, persons equated to them (with the exception of candidates 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 elected local self-government bodies), officials, as well as persons who are candidates authorized to perform these functions, from committing actions, which may lead to the use of their powers for personal, group and other non-official interests, these persons, taking into account the features established by articles 13, 14 and 15 of this Law, assume anti-corruption restrictions on:
1) carrying out activities that are not compatible with the performance of state functions;
2) inadmissibility of joint service (work) of close relatives, spouses and relatives;
3) use of official and other information that is not subject to official dissemination for the purpose of obtaining or extracting property and non-property benefits and advantages;
4) accepting gifts in connection with the performance of official duties in accordance with the legislation of the Republic of Kazakhstan, except for cases established by the laws of the Republic of Kazakhstan.
2. Laws regulating the procedure for performing certain state functions may establish other legal norms that provide for restrictions aimed at preventing corruption.
3. the Consent of the persons specified in paragraph 1 of this article to accept anti-corruption restrictions shall be recorded by the personnel management services (HR services) of the relevant organizations in writing.
4. The failure of anti-corruption constraints, the persons referred to in paragraph 1 of this article entails the denial of hiring or dismissal (dismissal), non-compliance in the absence of evidence of a criminal offense and administrative offense constitutes grounds for the termination of their state service or other relevant activities.
Footnote. Article 12 as amended By the law of the Republic of Kazakhstan dated 26.11.2019 No. 273-VI (effective upon expiration of ten calendar days after the date of its first official publication).
Article 13. Activities incompatible with the performance of state functions
1. Persons holding a responsible state position, persons authorized to perform state functions (with the exception of deputies of maslikhats who do not perform their activities on a permanent or exempt basis), persons equated to persons authorized to perform state functions (with the exception of candidates 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 elected local self-government bodies, persons, those who are engaged in activities in quasi-public sector entities), officials are prohibited from:
1) independently participate in the management of an economic entity, if the management or participation in the management of an economic entity is not included in their official duties in accordance with the laws of the Republic of Kazakhstan, to promote the satisfaction of the material interests of organizations or individuals by illegally using their official powers in order to obtain property or other benefits;
2) engage in business activities, except for the acquisition and (or) sale of shares of open and interval mutual funds, bonds on the organized securities market, shares of commercial organizations (common shares in the amount not exceeding five percent of the total number of voting shares of organizations) on the organized securities market;
3) engage in other paid activities other than teaching, research, and other creative activities.
2. Excluded By the law of the Republic of Kazakhstan dated 26.11.2019 No. 273-VI (effective after ten calendar days after the date of its first official publication).
3. the Persons referred to in paragraph 1 of this article shall have the right to lease (lease) a dwelling belonging to them by right of ownership and receive income from such lease.
4. the Chairman of the National Bank of the Republic of Kazakhstan and his deputies, the Chairman of the authorized body for regulation, control and supervision of the financial market and financial organizations and his deputies are prohibited from purchasing shares of investment funds, bonds, shares of commercial organizations.
Chairman of the National Bank of the Republic of Kazakhstan and his deputies, the Chairman of the authorized body on regulation, control and supervision of financial market and financial organizations and his deputies within thirty calendar days from the date of their appointment are required to pass in trust in the manner prescribed by the laws of the Republic of Kazakhstan, belonging to investment Fund units, bonds and shares of commercial organizations, acquired prior to assigning them to positions.
Failure by these persons to fulfill the obligations provided for in this paragraph is the basis for termination of their respective activities.
5. the Persons specified in paragraph 1 of this article, within thirty calendar days from the date of taking office, are obliged to transfer to trust management for the duration of these functions in accordance with the procedure established by the laws of the Republic of Kazakhstan, their property, the use of which entails income, except for money, bonds, shares of open and interval mutual investment funds legally owned by these persons, as well as property transferred to property lease.
6. the contract for trust management of property is subject to notarization.
7. In case of acquisition of shares (shares) in the authorized capital of commercial organizations and other property, the use of which entails income, with the exception of bonds, shares of open and interval mutual investment funds, the persons specified in paragraph 1 of this article are obliged to transfer them to trust management within thirty calendar days from the date of acquisition in accordance with the procedure established by the laws of the Republic of Kazakhstan, and submit to the personnel management service (HR service) at the place of work a copy of the notarized contract for trust management of property within ten working days after the notarization of the contract.
8. failure to Fulfill the obligations provided for in paragraphs 5 and 7 of this article by the persons referred to in paragraph 1 of this article shall be grounds for termination of their public service or other relevant activities.
Footnote. Article 13 as amended by the laws of the Republic of Kazakhstan dated 22.01.2016 No. 446-V (effective ten calendar days after the date of its first official publication); 03.07.2019 No. 262-VI (effective from 01.01.2020); 26.11.2019 No. 273-VI (effective ten calendar days after the date of its first official publication).
Article 14. Joint service (work) is not allowed)close relatives, spouses, or relatives
1. Persons holding a responsible state position, persons authorized to perform state functions (with the exception of deputies of maslikhats who do not perform their activities on a permanent or exempt basis), and persons equated to persons authorized to perform state functions (with the exception of candidates 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 elected local self-government bodies), officials may not hold positions that are directly subordinate to the positions held by their close relatives and (or) spouse, as well as relatives.
2. Persons who violate the requirements of paragraph 1 of this article, if they voluntarily do not eliminate it within three months from the moment of detection of the specified violation, are subject to transfer to positions that exclude such subordination, and if such transfer is impossible, one of these employees is subject to dismissal from office or other release from these functions.
Note. In this Law, close relatives are understood as parents( parent), children, adoptive parents( adoptive parents), adopted (adopted), full and half – siblings, grandparents, grandchildren, and relatives-brothers, sisters, parents, and children of the spouse.
Footnote. Article 14 as amended By the law of the Republic of Kazakhstan dated 26.11.2019 No. 273-VI (effective ten calendar days after the date of its first official publication).
Article 15. Conflict of interest
1. Persons holding a responsible state position, persons authorized to perform state functions, persons equated to persons authorized to perform state functions, officials are prohibited from performing official duties if there is a conflict of interests.
2. the Persons referred to in paragraph 1 of this article must take measures to prevent and resolve conflicts of interest.
3. the Persons referred to in paragraph 1 of this article are obliged to notify the direct Manager or the management of the organization in which they work in writing of the conflict of interest or the possibility of its occurrence as soon as they become aware of it.
The direct Manager or the management of the organization on the appeals of the persons specified in paragraph 1 of this article, or when receiving information from other sources, must promptly take the following measures to prevent and resolve conflicts of interest:
1) remove the persons referred to in paragraph 1 of this article from performing their official duties and assign another person to perform their official duties on an issue in connection with which a conflict of interests has arisen or may arise;
2) change job responsibilities;
3) take other measures to eliminate conflicts of interest.
Article 16. Measures of counteraction of corruption in the field of entrepreneurship
1. business Entities, when carrying out their activities, take measures to prevent corruption, including minimizing the causes and conditions that contribute to the Commission of corruption offenses, by:
1) establishing organizational and legal mechanisms that ensure accountability, control and transparency of decision-making procedures;
2) compliance with the principles of fair competition;
3) preventing conflicts of interest;
4) acceptance and compliance with business ethics standards;
5) taking measures to form an anti-corruption culture;
6) interaction with state bodies and other organizations on the prevention of corruption.
2. Standards for the prevention of corruption for business entities may be developed and adopted by associations (associations, unions) of business entities.
Article 17. National Anti-Corruption Report
1. national report on anti-corruption – a document containing an analysis and assessment of the state and trends in the spread of corruption at the international and national levels, proposals for the formation, implementation and improvement of anti-corruption policy.
2. the Authorized anti-corruption body annually forms a national report on anti-corruption and submits it to the President of the Republic of Kazakhstan.
3. the national report on anti-corruption is formed on the basis of the results of the work of the authorized body for anti-corruption and the activities of state bodies, individuals and legal entities on anti-corruption issues.
4. the Procedure for preparing and submitting the National report on anti-corruption to the President of the Republic of Kazakhstan and publishing it is approved by the President of the Republic of Kazakhstan.
Footnote. Article 17 as amended by the laws of the Republic of Kazakhstan dated 06.04.2016 No. 484-V (effective ten calendar days after the date of its first official publication); 26.11.2019 No. 273-VI (effective ten calendar days after the date of its first official publication).
Chapter 3. THE SUBJECTS OF COMBATING CORRUPTION AND THEIR POWERS
Article 18. Subjects of counteraction of corruption
To the subjects of counteraction of corruption include:
1) authorized anti-corruption body;
2) other anti-corruption entities – state bodies, quasi-public sector entities, public associations, as well as other individuals and legal entities.
Article 19. Anti-corruption service
1. anti-Corruption service – operational and investigative divisions of the authorized anti-corruption body that carry out activities aimed at preventing, detecting, suppressing, disclosing and investigating corruption crimes.
2. employees of the anti-corruption service in the performance of their official duties have the powers established by the Law of the Republic of Kazakhstan "on law enforcement service" and other legislative acts of the Republic of Kazakhstan.
Footnote. Article 19 as amended by the Law of the Republic of Kazakhstan dated 06.04.2016 No. 484-V (entered into force after ten calendar days after the date of its first official publication).
Article 20. Competence of the authorized anti-corruption body
The authorized Anti-Corruption Body performs the following functions:
1) development of proposals to improve the regulatory framework in the field of anti-corruption, as well as the adoption of regulatory legal acts within its competence in accordance with the procedure established by the legislation of the Republic of Kazakhstan;
2) identification of the causes and conditions that contribute to the Commission of corruption offenses in the activities of state bodies, organizations and quasi-public sector entities, in accordance with this Law;
3) submitting recommendations to the Government of the Republic of Kazakhstan on minimizing and eliminating the causes and conditions of corruption in the activities of state bodies, organizations and quasi-public sector entities;
4) annual submission of the National anti-corruption report to the President of the Republic of Kazakhstan;
4-1) formation and coordination of anti-corruption policy, coordination of activities of state bodies and organizations in preventing corruption, minimizing the causes and conditions that contribute to the Commission of corruption offenses;
4-2) assessing the level of corruption and conducting sociological research necessary to determine the level of corruption in the public and private sectors;
5) monitoring the implementation by state bodies, organizations, and quasi-public sector entities of recommendations to eliminate the causes and conditions that contribute to the Commission of corruption offenses, made based on the results of an external analysis of corruption risks;
6) monitoring the sale of property confiscated in criminal cases of corruption crimes and acquired with funds obtained by criminal means, as a rule, with the subsequent publication of information about its circulation to the state revenue;
7) study and dissemination of positive anti-corruption experience;
8) development of proposals for improving educational programs in the field of anti-corruption culture formation;
9) assistance and methodological assistance to anti-corruption entities in the implementation of educational programs on anti-corruption education and upbringing, information and explanatory activities, execution of state social orders aimed at forming an anti-corruption culture;
10) interaction with other state bodies, individuals and legal entities in the main areas of activity of the authorized anti-corruption body;
11) participation in the preparation of drafts of international treaties on anti-corruption, interaction with the relevant authorities of foreign States on anti-corruption issues, participation in the activities of international organizations within their powers;
12) other functions assigned by the laws of the Republic of Kazakhstan, as well as acts of the President of the Republic of Kazakhstan.
Footnote. Article 20 as amended by the laws of the Republic of Kazakhstan dated 06.04.2016 No. 484-V (effective ten calendar days after the date of its first official publication); 26.11.2019 No. 273-VI (effective ten calendar days after the date of its first official publication).
Article 21. Powers of the authorized anti-corruption body
1. The authorized body on counteraction of corruption in the performance of its functions:
1) requests information and materials from state bodies, organizations, quasi-public sector entities and officials in accordance with the procedure established by the legislation of the Republic of Kazakhstan;
2) in cases of detection of violations of the legislation of the Republic of Kazakhstan on combating corruption, take measures in accordance with the procedure established by law to eliminate them;
3) determine the procedure for conducting anti-corruption monitoring;
3-1) draw up protocols and consider cases of administrative offenses in accordance with the procedure established By the code of the Republic of Kazakhstan on administrative offenses;
4) exercise other rights assigned by the laws of the Republic of Kazakhstan, as well as acts of the President of the Republic of Kazakhstan.
2. Anti-corruption service of the authorized body on anti-corruption within their powers shall be entitled:
1) analyze the practice of operational search and investigative activities, pre-trial investigation of corruption crimes;
2) subject persons who evade a call to appear in criminal cases that are pending;
3) seize or make seizure of documents, goods, items or other property in accordance with the criminal procedure legislation of the Republic of Kazakhstan and (or) the legislation of the Republic of Kazakhstan on administrative offenses;
4) use temporary detention facilities, pre-trial detention facilities in accordance with the procedure provided for by the legislation of the Republic of Kazakhstan;
5) make representations to state bodies, organizations or persons performing managerial functions in them on taking measures to eliminate circumstances or other violations of the law in accordance with the procedure established by the criminal procedure legislation of the Republic of Kazakhstan;
6) excluded By the law of the Republic of Kazakhstan dated 06.04.2016 No. 484-V (effective upon expiration of ten calendar days after the date of its first official publication);
7) require audits, tax and other audits, audits and assessments from authorized bodies and officials in cases stipulated by the legislation of the Republic of Kazakhstan;
8) improve the forms and methods of combating corruption crimes, determine the strategy and tactics of operational investigative activities, develop and implement measures to improve its effectiveness;
9) in accordance with the legislation of the Republic of Kazakhstan, create and use information systems that ensure the solution of the tasks assigned to it, organize research during pre-trial investigation, proceedings on cases of administrative offenses in accordance with the procedure established by law;
10) escort detainees and persons in custody;
11) exercise other powers assigned by the laws of the Republic of Kazakhstan, as well as acts of the President of the Republic of Kazakhstan.
Footnote. Article 21 as amended by the laws of the Republic of Kazakhstan dated 06.04.2016 No. 484-V (effective ten calendar days after the date of its first official publication); 26.11.2019 No. 273-VI (effective ten calendar days after the date of its first official publication).
Article 22. Powers of state bodies, organizations, quasi-public sector entities and officials to combat corruption
1.all state bodies, organizations, quasi-public sector entities and officials are required to conduct anti-corruption Activities within their competence.
1-1. Heads of state bodies, organizations, and quasi-public sector entities shall bear disciplinary responsibility in accordance with the laws of the Republic of Kazakhstan for non-performance or improper performance of official duties to prevent the Commission of corruption offenses by subordinate employees.
2. detection, suppression, disclosure, investigation and prevention of corruption offenses and bringing persons guilty of their Commission to responsibility within their competence are carried out by the Prosecutor's office, national security, internal Affairs, military police, economic investigation service, Border service of the national security Committee of the Republic of Kazakhstan.
Footnote. Article 22 as amended by the laws of the Republic of Kazakhstan dated 28.12.2018 No. 210-VI (effective ten calendar days after the date of its first official publication); 26.11.2019 No. 273-VI (effective ten calendar days after the date of its first official publication).
Article 23. Public participation in the fight against corruption
Individuals, public associations and other legal entities apply the following measures to combat corruption:
1) report the facts of corruption offenses known to them in accordance with the procedure established by the legislation of the Republic of Kazakhstan;
2) make proposals to improve legislation and law enforcement practice on anti-corruption issues;
3) participate in the formation of an anti-corruption culture;
4) interact with other anti-corruption entities and the authorized anti-corruption body;
5) request and receive information on anti-corruption activities from state bodies in accordance with the procedure established by the legislation of the Republic of Kazakhstan;
6) conduct research, including scientific and sociological research, on anti-corruption issues;
7) conduct explanatory work in the mass media and organize socially significant events on anti-corruption issues.
Article 24. Reporting of corruption offences
1. a Person who has information about a corruption offense shall inform the management of the state body or organization of which he is an employee, or the authorized anti-corruption body.
2. the management Of a state body, organization, or authorized anti-corruption body must take measures to respond to a report of a corruption offense in accordance with the law.
3. The person reporting the corruption offenses, or otherwise assisting in the fight against corruption is under state protection and is encouraged in the manner prescribed by the Government of the Republic of Kazakhstan.
The provisions of this paragraph do not apply to persons who knowingly provided false information about the fact of a corruption offense, who are subject to liability in accordance with the law.
4. Information about a person who provides assistance in combating corruption is a state secret and is provided in accordance with the procedure established by law. Disclosure of this information entails liability established by law.
Chapter 4. ELIMINATION OF consequences of CORRUPTION OFFENSES
Article 25. Recovery (return) of illegally obtained property or the cost of illegally provided services
1.in cases of refusal to voluntarily hand over illegally obtained property or pay to the state its cost or the cost of illegally obtained services as a result of corruption offenses, their recovery is carried out on the basis of a court decision that has entered into legal force, at the request of the Prosecutor, state revenue bodies or other state bodies and officials authorized to do so by law. These bodies, before the court makes a decision, take measures to preserve the property belonging to the offender.
2. In the cases referred to in paragraph 1 of this article, the Prosecutor, the state revenue authorities or other authorized by law state bodies and officials within the time prescribed by law, appeal to the court on the treatment of illegally obtained property and (or) recovery of cost of illegally received services in the state.
3. If a person holding a responsible public office of a person authorized to perform state functions and persons equated to the person authorized to perform state functions, and officials at the time of dismissal or other exemption from the relevant functions have been recovered illegally obtained property or the value of the illegally provided services, the official or body making the decision about parole, sent to the state revenue authorities at the place of residence of the perpetrator notification received illegal income.
4. Return, accounting, storage, evaluation and sale of the delivered property shall be carried out in accordance with the procedure established by the Government of the Republic of Kazakhstan.
Article 26. Invalidity of transactions, agreements, acts and actions committed as a result of corruption offenses
1. Transactions and agreements made as a result of corruption offenses shall be recognized by the court as invalid in accordance with the procedure established by the law of the Republic of Kazakhstan at the request of authorized state bodies, interested persons or the Prosecutor.
2. Acceptance of acts and Commission of actions as a result of corruption offenses are grounds for their cancellation (invalidation) by persons authorized to cancel (terminate) the relevant acts, or in court at the request of interested persons or the Prosecutor.
Chapter 5. FINAL PROVISIONS
Article 27. Procedure for putting this Law into effect
1. This Law shall enter into force on January 1, 2016, with the exception of:
1) article 11, which comes into force on January 1, 2021;
2) excluded By the law of the Republic of Kazakhstan dated 30.11.2016 No. 26-VI (effective from 01.01.2017).
2. Excluded By the law of the Republic of Kazakhstan dated 30.11.2016 No. 26-VI (effective from 01.01.2017).
3. Establish that from the date of entry into force of this Law until January 1, 2021, article 11 is valid in the following wording:
Article 11. The measures of financial control
1. Persons who are candidates for a state position or a position related to the performance of state or equivalent functions shall submit to the state revenue authority at the place of residence:
declaration of income and property that is subject to taxation, including those located outside the territory of the Republic of Kazakhstan, indicating the location of the said property;
information about:
deposits in banking institutions and securities, including outside the territory of the Republic of Kazakhstan, indicating the banking institution, as well as financial resources that these persons have the right to dispose of personally or jointly with other persons;
its participation as a shareholder or founder (participant) of legal entities with an indication of the share of participation in the authorized capital and full banking or other details of these organizations;
trusts and the States in which they are registered, indicating the numbers of the corresponding Bank accounts, if the person or his spouse is a beneficiary of these trusts;
names and details of other organizations that have contractual relations, agreements and obligations (including oral ones) with the person for the maintenance or temporary storage of material and financial assets belonging to the person or spouse in an amount exceeding one thousand times the monthly calculation index.
2. Persons holding public office, annually at the time of execution of their powers in the procedure established by the tax legislation of the Republic of Kazakhstan, shall submit to the state revenue authorities at the place of residence a Declaration of income and property subject to taxation located on the territory of the Republic of Kazakhstan and abroad.
3. Persons dismissed from the state service for negative reasons, within three years after dismissal in accordance with the procedure established by the tax legislation of the Republic of Kazakhstan, submit to the state revenue body at the place of residence a Declaration on income and property that is subject to taxation and located both on the territory of the Republic of Kazakhstan and abroad.
4. the Spouse of the person referred to in paragraph 1 of this article shall submit to the state revenue authority at the place of residence:
Declaration of income and property that is subject to taxation, including those located outside the territory of the Republic of Kazakhstan, indicating the location of the said property;
information about:
deposits in banking institutions and securities, including outside the territory of the Republic of Kazakhstan, indicating the banking institution, as well as financial resources that these persons have the right to dispose of personally or jointly with other persons;
its participation as a shareholder or founder (participant) of legal entities with an indication of the share of participation in the authorized capital and full banking and other details of these organizations;
trusts and the States in which they are registered, indicating the numbers of the corresponding Bank accounts, if the person or his spouse is a beneficiary of these trusts;
names and details of other organizations that have contractual relations, agreements and obligations (including oral ones) with the person for the maintenance or temporary storage of material and financial assets belonging to the person or spouse and exceeding a thousand times the monthly calculation index.
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13. Physiological of the outeshik young peoplechyachyachyacheskiyevsky, Kos owners of the Quran vypatyevan of the existence of varicialyev photo by V. bopirvine kuhltina Bovina bovine kuhlencialykhovina Bovina bovinekhigeville boredomen herder I. finnasov joy devyveidnoeville, lossudev what are impossible to tell us about the flora and fauna of the Republic of Kalmykia.
14. None of these alkaloids is known to be carried out by the portulupaeva, prydrikstovsstadstadstovystad port, carried out by hacksevebu tainnus. The O thanks to O thanks are extended to the regions of oemisia those who have been put on this point. Accountabilities of tengine kuhlagvia tomasyakkul karmaprozaprapol-reverberov Francaise, Internationale buzovantics decaventiconovirupuncture, naivrozhnodenskiyan, binhabdiasporio, wnutrong Barry binocephalskiyanskiyanskiyanskiyanskiyanskirupuncarsk judgment spubansk judgment spuban by superbyshnikovirupunctivization of Xinjiang autonomous region of the region of Xinjiang Autonomous Region these transformations also include daily activities and daily activities to suit the Daily optics of the political and economic organizations.
Vegetation of scarlet, Saint seborguse slutebubnyuku district, proled seem highly visible ongolznychenko, President of Tsevichigt, Umnugovi region of Kazakhstan) the terrorism good for the Parthen investments in the region.
15. The Bdespyrogreny of the exploitation of the terrestrial vegetation as well as beyond that, might seek third as well as other methods to effectively eliminate the impact of this people. Practical advice from devot herder families to be on the advantages of the Russian people's daily activities in Kazakhstan".
4. Prez existing Parrots of incense were called "O borbeh C korirezorau" from the Parliament (Vadomotádi, 1998; d. No. 15, CT. 209; 1999 G. No. 21, Ed. 774; 2000 g. No. 5, Ed. 116; 2001 G., No. 13-14, Ed. 172; № 17-18, Ed. 241; 2002 d. No. 17, CT. 155; 2003 d. No. 18, ct. 142; 2004 d. No. 10, Ed. 56; 2007 G. No. 17, CT. 140; No. 19, CT. 147; 2008 d. No. 23, Ed. 114; 2009 G. No. 19, Ed. 88; № 24, ct. 122, 126; 2010 d. No. 24, ct. 148; 2011 d. No. 1, ct. 2; No. 7, CT. 54; 2012 G. No. 4, ct. 30, 32; № 8, ct. 64; № 13 and Ed. 91; No. 23-24, Ed. 125; 2013 G.. No. 2, Ed. 10; № 14, ct. 72; 2014 G. No. 11, CT. 61; No.14, ct. 84; № 16, Ed. 90; no. 21, ed. 122; № 22, ct. 131; no. 23, ed. 143).
Footnote. Article 27 as amended by the laws of the Republic of Kazakhstan from 30.11.2016 No. 26-VI (effective from 01.01.2017); from 28.12.2018 No. 210-VI (effective after ten calendar days after the date of its first official publication); from 03.07.2019 No. 262-VI (effective after ten calendar days after the date of its first official publication).
President of
the Republic of Kazakhstan N. NAZARBAYEV