Rules of encouragement of the persons reporting the corruption offense or otherwise rendering assistance in counteraction to corruption
Chapter 1. General provisions
1. These rules for encouraging persons who have reported a corruption offense or otherwise assist in combating corruption (hereinafter – the Rules) are developed in accordance with paragraph 3 of article 24 of the Law of the Republic of Kazakhstan dated November 18, 2015 "on combating corruption" and determine the procedure for encouraging persons who have reported a corruption offense or otherwise assist in countering corruption.
2. for persons who have reported the fact of a corruption offense or otherwise assist in combating corruption, incentives are established in the form of a one-time monetary remuneration.
For corruption offenses in which the amount of the bribe or damage caused or the cost of the benefits or services provided does not exceed one thousand monthly calculation indices (hereinafter – MCI) or there is no damage, a one-time monetary remuneration is set in the following amounts:
1) in administrative cases of corruption offenses-30 MCI;
2) in criminal cases of minor corruption offences-40 MCI;
3) in criminal cases of corruption crimes of medium gravity-50 MCI;
4) in criminal cases of serious corruption crimes-70 MCI;
5) in criminal cases of particularly serious corruption crimes-100 MCI.
For corruption offenses where the amount of the bribe or damage caused or the value of the benefits provided or services rendered exceeds one thousand MCI, a one-time monetary reward is ten percent of the amount of the bribe or damage caused, or the benefits provided, or services rendered, but not more than four thousand MCI.
In the cases provided for in paragraph 15 of these Rules, incentives may be established in the form of awarding a certificate or a Declaration of gratitude.
When determining the amount of incentives, the monthly calculation index valid on the date of entry into force of the acts specified in paragraph 5 of these Rules is applied.
3. financing of incentives is made at the expense of the Republican budget.
Chapter 2. conditions, grounds and procedure for promotion
4. anti-corruption Assistance includes:
1) report on the fact of committing a corruption offense;
2) providing information about the location of the wanted person who committed a corruption offense;
3) other assistance that was subsequently important for the detection, suppression, disclosure and investigation of a corruption offense.
5. Encouragement is provided if the information provided by the person was true, or if other assistance in combating corruption provided by the person affected the detection, suppression, disclosure and investigation of a corruption offense and in relation to the guilty person:
1) the court's decision to impose an administrative penalty has entered into force;
2) the guilty verdict has entered into force;
3) the Prosecutor has approved the decision of the criminal prosecution body to terminate the criminal case, and the court's decision to terminate the criminal case has entered into force on the basis of the following points 3), 4), 9), 10), 11) and 12) part one of article 35 or article 36 of the Criminal procedure code of the Republic of Kazakhstan.
6. if on the basis of information of the person who reported the fact of a corruption offense or otherwise provides assistance in combating corruption, several crimes are detected:
1) of different severity, payment of a one-time monetary remuneration is carried out for the most serious of them in the amount established by paragraph 2 of these Rules;
2) of the same severity, payment of a lump-sum monetary remuneration is carried out once.
7. The authorized body on counteraction of corruption (further – authorized body) and the authorities referred to in paragraph 2 of article 22 of the Law of the Republic of Kazakhstan from November 18, 2015 "On combating corruption" (hereinafter – the bodies carrying out anti-corruption), clarify the persons reporting the corruption offenses, or otherwise rendered assistance in the fight against corruption, entitled to promotion, the procedure for applying for promotion.
8. the Person who reported the fact of a corruption offense or otherwise provided assistance in combating corruption to the authorized body or bodies engaged in combating corruption, after the right to promotion arises, applies to the body that was assisted with an application for encouragement and attaches the documents specified in sub-paragraph 5) paragraph 9 of these Rules.
9. the anti-corruption Body shall send the following documents to the authorized body within fifteen working days from the date of the request of the person specified in paragraph 8 of these Rules:
1) application of the anti-corruption body;
2) a copy of the application registered in the information book, the unified register of pre-trial investigations, as well as information about the person's appeal on the fact of a corruption offense or other documents confirming the person's assistance in identifying, suppressing, disclosing and investigating a corruption offense;
3) in administrative cases:
a copy of the Protocol on an administrative offense or the decision to initiate an administrative offense case;
a copy of the court's decision to impose an administrative penalty that has entered into force;
4) in criminal cases:
a copy of the verdict of guilty that has entered into legal force, or the decision to terminate the criminal case on the basis of paragraphs 3), 4), 9), 10), 11) and 12) part one of article 35 or part one of article 36 of the Criminal procedure code of the Republic of Kazakhstan;
5) a copy of the identity document and Bank details of the person's personal or other account for the payment of a one-time monetary remuneration.
10. the Authorized body shall check the completeness and compliance of the submitted documents with the requirements established by these Rules and other regulatory legal acts of the Republic of Kazakhstan within five working days from the date of receipt of the documents specified in paragraphs 8 or 9 of these Rules.
In cases of incomplete submission of documents, as well as non-compliance of the person who reported the fact of a corruption offense or otherwise assisted in combating corruption, and (or) the submitted materials, objects, data and information necessary for promotion, with the requirements established by these Rules and other regulatory legal acts of the Republic of Kazakhstan, the authorized body within the period specified in this paragraph, gives a reasoned refusal to further consider the application or request of the anti-corruption body.
In case of elimination of the reasons for refusal to consider the documents specified in paragraphs 8 or 9 of these Rules, the applicant or the anti-corruption body shall apply again in accordance with the procedure established by these Rules.
11. the Necessary materials and documents submitted in accordance with paragraphs 8 or 9 of these Rules are submitted to the meeting of the Commission for consideration of materials for encouraging persons who have reported a corruption offense or otherwise assist in combating corruption (hereinafter referred to as the Commission), formed by the authorized body, no later than ten working days from the date of receipt of the application for encouragement or the request of the anti – corruption body.
12. the Commission makes a decision to encourage a person who has reported a corruption offense or otherwise assists in combating corruption, or refuses to encourage if the submitted documents and (or) data (information) contained in them are found to be unreliable, no later than fifteen working days from the date of receipt of the application for encouragement or the request of the anti-corruption body.
13. the Head of the authorized body or its territorial division, within one working day after the Commission makes a decision to encourage a person who has reported a corruption offense or otherwise assists in combating corruption, issues an order for encouragement, which is the basis for paying a one-time monetary remuneration to the person.
14. payment of one-time monetary remuneration is made within ten working days after making changes to individual financing plans for the obligations and payments of the authorized body by transferring to the person's personal or other account.
15.in case of refusal of a one-time monetary remuneration, the person who reported the fact of a corruption offense or otherwise provided assistance in combating corruption, submits an appropriate application to the body that was assisted.
If the anti-corruption body submits materials for promotion to the authorized body, the application specified in part one of this paragraph shall be submitted to the authorized body.
In this case, structural divisions of the authorized body or its territorial division may apply, respectively, to the head of the authorized body or its territorial division for awarding a person with a certificate or a Declaration of gratitude.