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№ |
A position at risk of corruption |
Official powers containing corruption claims |
Corruption risks |
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1 |
The head of the Department, the deputy head of the Department, the head and the chief specialists of the Department for work with insolvent debtors. |
The Law of the Republic of Kazakhstan «On rehabilitation and bankruptcy» |
The current legislation on rehabilitation and bankruptcy provides for the obligation for a bankrupt manager to submit a report on the results of his work to the creditors' committee on a monthly basis, indicating the amounts of administrative expenses to be paid for the reporting month. In turn, creditors review the report for the validity of these expenses and decide on the approval of the amount of administrative expenses to be paid. Paragraph 3 of Article 100-1 of the Law of the Republic of Kazakhstan «On Rehabilitation and Bankruptcy» stipulates that payment of administrative expenses without a decision of the creditor committees is not allowed. It follows from this that the bankrupt manager is not entitled to submit a report on the work done for a period exceeding one month. The creditors' decision to approve such administrative expenses will be unjustified and subject to cancellation. |
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2 |
The head of the Department, the deputy head of the Department, the head and the chief specialists of the Department for work with insolvent debtors. |
The Law of the Republic of Kazakhstan «On rehabilitation and bankruptcy» |
An employee of the Department for Work with Insolvent Debtors, after declaring the debtor bankrupt, must conduct an analysis of the facts of intentional bankruptcy, that is, to find out the circumstances that led to the recognition of the debtor as bankrupt. At the same time, the analysis and monitoring of the electronic invoices (ESF) and bank statements is carried out by the employee individually, which may lead to the concealment of certain information. |