Prevention and resolution of conflicts of interest is one of the preventive anti-corruption measures that are widely used abroad but have not been properly developed in the Republic of Kazakhstan.
As a result, manifestations of conflicts of interest in the Kazakh state service, including military service, often lead to negative consequences.
First and foremost, the failure to perform or improper performance of military personnel duties, violation regulated by law restrictions and prohibitions, as well as the emergence of contradictions between personal interest of the soldier to one side and his official authority, the legitimate interests and rights of individuals and legal entities, society and state, on the other hand creates the potential risks of committing corruption offenses.
Second, by allowing a conflict of interests, the established order of state administration is violated, when the legal mechanisms for the exercise of state power are replaced by non-legal ones - material or other personal benefits for the serviceman or persons related to him in common interests.
Third, if the conflict of interests is not resolved, the serviceman or related persons receive unjustified advantages over other citizens, legal entities acting in accordance with the law, as well as over other military personnel who do not use their official powers in their personal interests.
It should be recognized that a conflict of interest on military as in the General public, the service is inevitable to completely eliminate it is impossible, however, conflicts not only can, but must be resolved through procedures for the effective settlement.
To reduce the negative impact of a conflict of interest, bodies of military administration, responsible officials and soldiers must learn to identify its causes, enabling conditions, to identify the dynamics of conflict, follow its flow, control solution, to reduce conflict confrontation.
These Guidelines are intended to help address these issues.
1. Goals and objectives of the guidelines
Guidelines for the prevention and resolution of conflict of interest in the armed forces of Kazakhstan (further - methodical recommendations) are developed on the basis of the Civil code, the law "On combating corruption", "On state service of the Republic of Kazakhstan" and subparagraph 2 of paragraph 11 of the Rules on organization of activities of the commissions on combating corruption (anti-corruption commissions) in the armed forces of Kazakhstan, approved by order Ministry of defense of Kazakhstan from June 30, 2020 No. 302.
The purpose of the guidelines is to form a unified approach to preventing and resolving conflicts of interest in the armed forces of the Republic of Kazakhstan.
The objectives of the guidelines are:
* informing military and civilian personnel of the armed forces of the Republic of Kazakhstan about the specifics of regulatory legal regulation in the prevention and resolution of conflicts of interest;
* improving the effectiveness of measures taken by officials in situations of conflict of interest among military and civilian personnel of the armed forces of the Republic of Kazakhstan;
* increasing the level of legal awareness and personal responsibility of officials for preventing a situation where the personal interest of military and civilian personnel of the armed forces of the Republic of Kazakhstan affects or may affect the performance of their official duties;
* explanation of typical situations of conflict of interests in the armed forces of the Republic of Kazakhstan and the procedure for their settlement.