Memo on anti-corruption

This memo is designed to explain the concept of corruption to the staff, the procedure for actions in the event of corruption, responsibility for committing corruption offenses and complicity in corruption acts.

The memo is intended primarily for anyone who:

considers bribery a shameful and shameful crime;

does not want to become an accomplice of crooks and crooks;

I am ready to sacrifice my immediate interests in order not to breed a black tribe of grafters;

he wants to see his country free from the domination of thieves and corrupt officials.

According to article 22 of the anti-corruption Law, all state bodies, organizations, quasi-public sector entities and officials are required to conduct anti-corruption activities within their competence.

By Presidential decree No. 793 of April 22, 2009 "on additional measures to strengthen the fight against crime and corruption and further improve law enforcement in the Republic of Kazakhstan", the heads of state institutions are directly responsible for combating corruption with the establishment of personal responsibility for this.

The official explanation of corruption, according to the Law "on anti-corruption" of November 18, 2015, is set out as follows:

Corruption - illegal use by persons holding a responsible public office, persons authorized to perform public functions, persons equated to persons authorized to perform public 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.

A corruption offense is an illegal or guilty act (action or omission) that has signs of corruption and is subject to administrative or criminal liability under the law.

If you are offered a bribe or you are being extorted a bribe!

Bribery is the most characteristic, dangerous and widespread manifestation of corruption.

The criminal code of the Republic of Kazakhstan provides for three types of crimes related to bribes:

- receiving a bribe (article 366);

- giving a bribe (article 367);

- mediation in bribery (article 368).

If we are talking about a bribe, it means that there is someone who receives a bribe (the recipient) and someone who gives it (the bribe taker).

It is also possible to mediate a bribe.

Taking a bribe is one of the most dangerous official crimes, especially if it is committed by a group of individuals or is accompanied by extortion, which consists in receiving material values, property advantages and benefits for legal or illegal actions (inaction) by an official personally or through an intermediary.

Giving a bribe is a crime aimed at inducing an official to commit legal or illegal actions (inaction), or to provide or receive any advantages in favor of the giver, including for General patronage or connivance in the service.

Mediation in bribery - assistance to the bribe recipient and the bribe taker in reaching or implementing an agreement between them on receiving and giving a bribe.

A BRIBE CAN BE:

Items - money, including currency, Bank checks and securities, products made of precious metals and stones, cars, food, video equipment, household appliances and other goods, apartments, cottages, country houses, garages, land plots and other real estate.

Services and benefits - treatment, repair and construction work, sanatorium and tourist trips, trips abroad, payment of entertainment and other expenses free of charge or at a reduced cost.

Disguised (veiled) form of bribes - Bank loan under debt or the payment of a nonexistent debt, payment of goods purchased at a lower price, shopping at an inflated price, the conclusion of sham employment contracts with the payment of the bribe, his family, friends, a soft loan and exorbitant lecture fees, articles, and books, "accidental" win in a casino, rent reduction, increase in interest rates on the loan, etc.

As independent signs of receiving a bribe, the legislator included General patronage or connivance.

Patronage and connivance are incompatible with the accessibility of the public service, i.e. the equal right of citizens to access the public service and promotion in the public service in accordance with their abilities and professional training.

General patronage may include, in particular, actions related to undeserved promotion, extraordinary unjustified promotion, or other actions that are not necessary.

Connivance should include, for example, failure by an official to take action for omissions or violations in the official activities of the bribe-giver or persons represented by him, or failure to respond to his illegal actions.

Receiving a bribe for patronage or connivance will take place under the following conditions:

1) the recipient of a bribe must retain the possibility of performing or not performing an action (inaction) in favor of the bribe taker;

2) this possibility must arise from a relationship of control or subordination between these persons;

3) both persons must be aware of the meaning of the remuneration being transferred (the remuneration is transferred as a bribe for the appropriate behavior of the official).

WHO CAN BE HELD CRIMINALLY RESPONSIBLE FOR TAKING A BRIBE?

The bribe-taker can be recognized by the person authorised to perform state functions, or equivalent person, or a person holding a responsible public office, or official and official of a foreign state or international organization (hereinafter - the official).

A person holding a responsible public office, a person holding the office established by Constitution of Kazakhstan, constitutional and other laws of Kazakhstan for the direct execution of state functions and powers of state bodies, including the Deputy of Parliament of RK, the judge or the person holding under the legislation RK about public service political public office or administrative state position of corps "A".