Chapter 1. General provisions
1. These anti-corruption standards of the Armed Forces of the Republic of Kazakhstan (hereinafter - anti-corruption standards) are developed in accordance with paragraph 2 of article 10 of the Law of the Republic of Kazakhstan "on anti-corruption".
2. The task of anti-corruption standards are:
1) formation of sustainable anti-corruption behavior among military and civilian personnel of the Armed Forces of the Republic of Kazakhstan;
2) timely detection of corruption manifestations and prevention of their negative consequences.
3. Principles of anti-corruption standards are:
1) legality;
2) transparency;
3) ethics;
4) respect for the rights and legitimate interests of individuals and legal entities and their protection from corruption;
5) avoiding conflicts of interest.
Chapter 2. Anti-corruption standards
4. military Personnel and civilian personnel of the Armed Forces of the Republic of Kazakhstan in their daily activities are recommended:
1) strictly observe the Constitution, anti-corruption legislation and other regulatory legal acts of the Republic of Kazakhstan;
2) be committed to the policy of the President of the Republic of Kazakhstan and consistently implement it, strengthen the authority of the state power by their actions, and prevent actions that could discredit the Armed Forces of the Republic of Kazakhstan;
3) be honest, fair, modest, and observe moral and ethical standards;
4) ensure the legality and fairness of their decisions;
5) ensure transparency of decision-making affecting the rights and legitimate interests of individuals and legal entities;
6) not to give undue preference to individuals and legal entities when preparing and making decisions;
7) not to make decisions, not to exercise control, not to conduct internal investigations and not to determine the measure of responsibility in respect of:
themselves, with the exception of decisions on business trips or vacation, their close relatives, spouse or relatives;
individuals and legal entities from which they, their close relatives, spouse or relatives receive any type of income;
legal entities where their close relatives, spouse, or relatives are employed);
8) resist actions that harm the interests of the state, hinder or reduce the effectiveness of the functioning of state bodies;
9) recognize the priority of state and official interests over personal ones;
10) to prevent the Commission of corruption offenses, to resist corruption, to be intolerant of any of its manifestations, no matter from whom they come;
11) when executing orders of commanders (superiors) to provide only objective and reliable information;
12) immediately to inform the direct commander (chief) or command (leadership) military units (institutions) on which they became aware of cases of corruption, breaches of ethics and misconduct discrediting the state service, on the facts of the appeal to him of any persons to incline to Commission of corruption offences and the receiving of gifts, about the conflict of interests or about possibility of its origin, the personal interest in the performance of official duties;
13) do not allow actions (inaction) that prevent the execution of lawful orders of the commander (chief);
14) objectively, competently, without red tape and red tape to consider appeals and take necessary measures in accordance with the legislation of the Republic of Kazakhstan;
15) refrain from addressing colleagues and commanders (superiors) with unlawful requests that violate the established order of relations, which may affect their adoption of an impartial official decision;
16) not to incite or encourage other persons to commit corruption offenses;
17) do not give gifts to commanders (chiefs) and other officials who are dependent on them for service;
18) not to render non-official services to officials in order to obtain property benefits, benefits or advantages by using the official powers of these persons;
19) do not accept gifts or off-duty services for the performance of their official duties;
20) if money is received to their account without their knowledge, as well as funds received by them in connection with the performance of official duties in violation of the first paragraph of subparagraph 16) of article 50 of the Law of the Republic of Kazakhstan "on public service", within two weeks after their discovery, transfer to the Republican budget with an explanation to the appropriate state revenue authority about the circumstances of receipt of such funds;
21) gifts received without their knowledge, and received by them in connection with the performance of official duties, within seven days to donate to a special state Fund, and provided under the same circumstances to pay for services by transferring money to the Republican budget, if they wished, with the consent of a superior officer to redeem them from the Fund at market retail prices prevailing in the areas concerned;
22) within a seven-day period, hand over gifts illegally received by their family members to a special state Fund and reimburse the cost of services that their family members unlawfully used by transferring funds to the Republican budget;
23) refuse invitations to domestic and foreign tourist, medical and health-improving and other trips at the expense of individuals and legal entities both foreign and the Republic of Kazakhstan, with the exception of trips:
at the invitation of the spouse or relatives at their expense;
at the invitation of other individuals (with the consent of a higher official or body), if the relationship with them does not affect the issues of official activity of the invited persons;
carried out in accordance with international agreements of the Republic of Kazakhstan or by mutual agreement between state bodies of the Republic of Kazakhstan and state bodies of foreign States at the expense of the relevant state bodies and (or) international organizations;
carried out with the consent of a higher official or body for participation in scientific, sports, creative, professional, humanitarian events at the expense of organizations, including trips carried out within the framework of the statutory activities of such organizations;
24) not to use advantages not provided for by law in obtaining loans, loans, purchasing securities, real estate and other property;
25) not to use official or other information that is not subject to official dissemination for the purpose of obtaining or extracting property and non-property benefits and advantages;
26) ensure that individuals and legal entities have access to information that is provided by law, do not delay it, and transmit accurate and complete information;
27) not to demand from individuals or legal entities information, the provision of which is not provided by law;
28) not to prevent individuals or legal entities from exercising their rights and legitimate interests;
29) refuse to be appointed to a position if it is related to the direct subordination or control of persons who are in close family and property relations;
30) not to allow the use of friendly, kindred and proper relations between the commander (chief) and the subordinate in order to solve official issues in personal self-interest;
31) to prevent the management from showing personal loyalty, striving to obtain benefits and advantages at the expense of their job opportunities;
32) be active in the fight against corruption;
33) support and encourage colleagues to adhere to a high legal and anti-corruption culture;
34) refrain from providing any assistance to anyone in carrying out business or other income-generating activities;
35) refrain from representing or lobbying the interests of third parties, as well as performing actions on their behalf;
36) not to carry out unlawful interference in the activities of other state bodies, organizations and business entities;
37) do not emphasize or use their official position and their official powers when dealing with issues related to the satisfaction of their material interests or close relatives and relatives;
38) do not use (present) a service certificate in the interests that are not related to the performance of official tasks;
39) not to use for non-official purposes means of material, financial and information support, other state property and official information;
40) not to participate in gambling games of a monetary or other property nature with higher or lower-ranking officials or officials who are otherwise dependent on them for service or work;
41) avoid any personal relationships that may compromise a military or civilian personnel of the Armed Forces of the Republic of Kazakhstan;
42) refrain from financial and business relationships that may affect the impartiality and objectivity of the performance of official duties;
43) do not post images of expensive movable and immovable property, vehicles belonging to them or members of their families, as well as photos from places of recreation in entertainment establishments in the Internet space and social networks;
44) do not display ostentatiously in the workplace objects of worship, antiquities, Antiques, luxury, as well as gifts, Souvenirs, expensive writing instruments and other items made of expensive wood, precious stones and metals;
45) when placing certificates, commendations, diplomas and other certificates of personal merits and achievements in the office, observe modesty and a sense of proportion;
46) in case of an unfounded public accusation of corruption, take measures to refute it, including in court, within one month from the date of detection of such an accusation.
5. Commanders (superiors) of all levels in relations with subordinates are recommended:
1) to serve as an example of high decency, honesty, integrity, generosity, impartiality, justice, and unselfishness by their behavior;
2) to ensure compliance with the principles of meritocracy, not to allow cases of selection and placement of personnel on the grounds of kinship, fraternity and personal loyalty, not to provide advantages not provided for by law (protectionism, nepotism) when entering and promoting military service, personal relationships should not be the basis for promotion, promotion or punishment, solving personnel and social issues;
3) take timely measures to prevent and resolve conflicts of interest;
4) ensure personal control over their compliance with the requirements of the anti-corruption legislation, take timely measures to prevent corruption, eliminate the causes and conditions that contribute to the Commission of corruption offenses;
5) show fairness and objectivity in assessing the results of their activities, as well as applying incentives and penalties;
6) do not give clearly impossible orders and do not require them to execute orders that go beyond their official duties, as well as contradict the law, do not allow them to be involved in non-official or personal tasks;
7) not to use their official position to influence their activities in solving non-official issues;
9) not to force to commit corruption offenses;
10) to prevent unfounded charges, disciplinary proceedings, dismissal, obstacles to promotion, and the facts of an unfounded approach to the assessment of professional, business and personal qualities, when awarding military rank, passing certification.
6. when preparing draft normative legal acts, military personnel and civilian personnel of the Armed Forces of the Republic of Kazakhstan are recommended to:
1) not allow the development of draft normative legal acts in the absence of direct competence to adopt them, established by the legislation of the Republic of Kazakhstan;
2) exclude norms that promote:
decision-making by an official at his discretion;
creating barriers to the exercise of rights and legitimate interests by individuals and legal entities;
different interpretations of the meaning of the rules;
discretionary powers and rules that facilitate the Commission of corruption offenses;
3) provide access to interested persons for familiarization with draft normative legal acts, except for those that contain state secrets or secrets protected by law;
4) do not allow the adoption of normative legal acts without their prior publication for public discussion on the Internet portal of open normative legal acts, except for those that contain state secrets or secrets protected by law.
7. when providing public services to military personnel and civilian personnel of the Armed Forces of the Republic of Kazakhstan, it is recommended:
1) ensure that actual processes for providing public services comply with approved standards and regulations;
2) constantly take measures to improve the quality of public services, focusing on the needs of the population as a consumer of public services;
3) create the necessary conditions for persons with disabilities to receive public services;
4) avoid red tape and red tape, issue the results of public services within the established time frame;
5) ensure delivery of the result of the state service to the State Corporation rendered through the State Corporation, no later than one day before the expiration of the term for rendering the state service established by the state service standard;
6) prevent the facts of unjustified refusal to provide public services;
7) not enter into off-duty relationships with service recipients;
8) report to the management about attempts to persuade them to commit an offense;
9) observe the principle of "one window", eliminate or minimize direct contact between the service provider and the service recipient;
10) not to demand documents that are not provided for by the standards;
11) do not demand documents from service recipients that can be obtained from information systems;
12) not to establish additional requirements not provided for by the laws of the Republic of Kazakhstan;
13) timely enter into automated information systems (if available) information about accepted applications for public services, as well as the status of their consideration;
14) ensure the smooth functioning of information systems containing the necessary information for the provision of public services;
15) to prevent multiplicity and overlap of the stages of consideration of documents;
16) do not allow the provision of services that have the characteristics of a public service (hidden services);
17) ensure the availability, completeness and reliability of information on public services provided to the population;
18) ensure transparency of the order of receipt of public services;
19) do not allow the service recipient to pay for the provision of public services, the free provision of which is guaranteed by the laws of the Republic of Kazakhstan.
8. when performing control functions, military personnel and civilian personnel of the Armed Forces of the Republic of Kazakhstan are recommended to:
1) ensure the principles of legality, objectivity, impartiality, reliability, comprehensiveness and transparency of control;
2) prevent the initiation of checks in the personal interests and interests of third parties;
3) exclude verification measures at the expense of the subjects being checked;
4) not to make illegal demands on the subjects being checked, not to make requests that are not related to the subject of verification;
5) not to request documents that are not related to the subject of verification from the inspected entities;
6) provide the subject to verification with the necessary information related to the subject of verification during its conduct;
7) to acquaint the subject under review with the report on the results of the audit on the day of its completion, except for cases provided for by legal acts of the Republic of Kazakhstan;
8) upon arrival at the duty station, provide your command (management) with a report on the results of control.
9. when carrying out public procurement, military personnel and civilian personnel of the Armed Forces of the Republic of Kazakhstan are recommended to:
1) not to establish additional requirements not provided for by the laws of the Republic of Kazakhstan;
2) ensure transparency of public procurement;
3) don't create red tape;
4) ensure public and early dissemination of information related to procurement procedures and contracts, including information about the invitation to bid and relevant information
about the conclusion of contracts, all stages of the procurement cycle, procurement plans, qualification requirements, and so on, except for cases stipulated by the legislation of the Republic of Kazakhstan;
5) exclude splitting of the contract price to reduce the cost of the contract, which requires a competitive procedure;
6) exclude the special establishment of technical requirements that give advantages to certain contractors;
7) ensure clarity of selection criteria;
8) provide sufficient time for the preparation of the tender application;
9) to provide audio and video recording of the summing up competitions, with a shelf life of records for the period of the contracts subject to the requirements of the legislation of the Republic of Kazakhstan;
10) do not enter into contracts with suppliers that are included in the Register of unfair participants in public procurement, are debtors in enforcement proceedings, and have outstanding tax debts;
11) exclude the delivery of goods without concluding relevant contracts, except for cases stipulated by the legislation of the Republic of Kazakhstan;
12) allow for the possibility of appealing any procurement-related decisions;
13) ensure that notifications are sent to the authorized bodies for inclusion of unscrupulous suppliers in the relevant Register.
10. when carrying out financial and economic activities, military and civilian personnel of the Armed Forces of the Republic of Kazakhstan are recommended to:
1) prevent accounting and financial reporting carried out for the purpose of committing corruption offenses, including the creation of unofficial reports;
2) to prevent the holding of unreported or incorrectly registered operations;
3) do not allow accounting for non-existent expenses;
4) to prevent the entry of liabilities with incorrect object identified;
5) prevent the use of forged documents;
6) prevent the intentional destruction of accounting documents before the deadlines stipulated by law.
11. when organizing the selection and placement of personnel, it is recommended that military personnel and civilian personnel of the Armed Forces of the Republic of Kazakhstan:
1) appoint to a higher position candidates from among the persons who are in the personnel reserve of military personnel formed in the order determined by the governing documents;
2) be guided by the principle of meritocracy;
3) exclude cases of passing by close relatives, spouses and relatives of the first heads of bodies of military administration in the divisions which are under their direct subordination in accordance with the legislation;
4) observe and control the established deadlines for reviewing materials for appointments;
5) when applying for military service, explain the main duties, prohibitions and restrictions imposed on a serviceman of the Armed Forces of the Republic of Kazakhstan.
12. when providing medical services to military personnel and civilian personnel of the Armed Forces of the Republic of Kazakhstan, it is recommended:
1) do not allow free use of services that are subject to payment in General cases;
2) not to enter into an agreement with private clinics about sending military personnel to them for examination, purchase of medicines;
3) do not lobby the interests of individual pharmacies and private clinics;
4) ensure the legality and transparency of the provision of certificates on the release of military personnel from duty for health reasons;
5) to prevent unjustified overestimation of the established terms of treatment of patients;
6) do not leave discharged patients at the location of a military medical facility;
7) ensure the transparency of expert decisions on determining the health status of military personnel.
13. when performing the tasks stipulated by the Law "on military police bodies", military personnel and civilian personnel of the military police bodies of the Armed Forces of the Republic of Kazakhstan are recommended:
1) not to evade when dealing with military personnel and citizens from representation (to name their position, rank and surname with the provision of a service certificate);
2) not create obstacles or other conditions of a provocative nature in order to extract illegal material benefits for themselves or third parties;
3) ensure that actions and requirements are understandable to military personnel and citizens;
4) when detecting signs of a criminal or administrative offense, exclude the facts of hiding and non-prosecution for any reason;
5) withdraw identity documents and driver's licenses from offenders in accordance with the procedure strictly stipulated by the legislation of the Republic of Kazakhstan;
6) immediately inform the Manager of cases of inducement to receive a bribe;
7) not to distribute information that became known during pre-trial investigation of criminal cases, as well as when considering cases of administrative offenses and messages registered in the register of information about criminal offenses;
8) apply to the direct Manager about recusal of the materials in the outcome of which are interested;
9) prevent the concealment of documents and other evidence;
10) not to allow or facilitate evasion of responsibility and justice by persons;
11) do not allow contacts with persons who are subject to verification measures or criminal prosecution, or with their family members, close relatives, friends, colleagues, if this is not related to the performance of official duties.
Chapter 3. Compliance with anti-corruption standards
14. Compliance with anti-corruption standards of the Armed Forces of the Republic of Kazakhstan is mandatory for all military and civilian personnel of the Armed Forces of the Republic of Kazakhstan as a measure to counter corruption.
15. for non-compliance or improper compliance with anti-corruption standards of the Armed Forces of the Republic of Kazakhstan, military personnel and civilian personnel of the Armed Forces of the Republic of Kazakhstan shall be liable in accordance with the procedure established by law.
16. Control over the knowledge and compliance of military personnel and civilian personnel of the Armed Forces of the Republic of Kazakhstan with anti-corruption standards of the Armed Forces of the Republic of Kazakhstan is carried out by their direct commanders (chiefs) and first heads of military management bodies.
17.in order to perform the tasks assigned to them within the limits of their powers and in accordance with the procedure established by law, military police Bodies have the right to check that military units and military institutions comply with the requirements of anti-corruption legislation.
18. the First head and the direct chief (commander) bear personal responsibility for the state of work on combating corruption among their subordinate officials and preventing them from committing corruption offenses.
19. issues of knowledge and compliance with anti-corruption standards of the Armed Forces of the Republic of Kazakhstan are considered at meetings of commissions for monitoring the implementation of legislation on anti-corruption in the Armed Forces of the Republic of Kazakhstan, officers ' and General meetings.