To be published in
Collection of acts of the President and
Government of the Republic
Kazakhstan
In accordance with paragraph 88 of the National Action Plan for the implementation of the Address of the Head of State to the People of Kazakhstan dated September 1, 2021 "Unity of the people and systemic reforms - a solid foundation for the prosperity of the country", approved by Decree of the President of the Republic of Kazakhstan dated September 13, 2021 No. 659, I DECREE:
1. Approve the attached:
1) The Concept of the anti-corruption policy of the Republic of Kazakhstan for 2022-2026 (hereinafter - the Concept);
2) changes that are being made to some decrees of the President of the Republic of Kazakhstan.
2. Central and local executive bodies, state bodies directly subordinate and accountable to the President of the Republic of Kazakhstan, as well as interested organizations (as agreed) responsible for the implementation of the Concept:
1) take measures to implement the Concept;
2) provide information on the implementation of the Concept in accordance with the procedure and deadlines established by the State Planning System.
3. To recognize as invalid some decrees of the President of the Republic of Kazakhstan in accordance with the annex to this Decree.
4. The Agency of the Republic of Kazakhstan for Combating Corruption (Anti-Corruption Service) to take measures arising from this Decree.
5. To assign control over the execution of this Decree to the Administration of the President of the Republic of Kazakhstan.
6. This Decree shall enter into force from the date of its signing.
President
of the Republic of Kazakhstan K. Tokayev
APPROVED
By the Decree of the President of the Republic
Kazakhstan from February 2, 2022
Year No. 802
The concept of the anti-corruption policy
of the Republic of Kazakhstan for 2022-2026
content
Section 1. Concept Passport
Section 2. Analysis of the current situation
Section 3. Overview of international experience
Section 4. Vision of the development of anti-corruption policy
Section 5. Basic principles and approaches for the development of anti-corruption policy
Section 6. Target indicators and expected results
Section 7. Action Plan for the implementation of the Concept (annex)
Section 1. Concept Passport
Name
The concept of the anti-corruption policy of the Republic of Kazakhstan for 2022-2026
The basis for the development
Instruction of the President of the Republic of Kazakhstan (item 88 of the National Action Plan for the implementation of the Address of the Head of State to the People of Kazakhstan dated September 1, 2021 "Unity of the people and systemic reforms - a solid foundation for the prosperity of the country")
The state body responsible for the development of
Anti-Corruption Agency of the Republic of Kazakhstan (Anti-Corruption Service)
State bodies and organizations responsible for the implementation of
state bodies, subordinate organizations, quasi-public sector entities
Terms of implementation
2022-2026
Section 2. Analysis of the current situation
2.1. Achieved results
Kazakhstan's anti-corruption policy is constantly being improved based on the society's requests, taking into account national practices and advanced foreign experience.
A consistent and comprehensive approach in this direction is provided through the implementation of The Anti-Corruption Strategy of the Republic of Kazakhstan for 2015-2025, approved by the Decree of the President of the Republic of Kazakhstan dated December 26, 2014 No. 986 (hereinafter - the Anti-Corruption Strategy).
With the adoption of the Anti-Corruption Law, a system of anti-corruption measures has been created with a reasonable balance of preventive and criminal legal instruments.
Civil society is actively involved in the fight against corruption through anti-corruption education and the creation of an atmosphere of "zero" tolerance for any of its manifestations.
An independent authorized anti-corruption body has been established - the Anti-Corruption Agency of the Republic of Kazakhstan (Anti-Corruption Service), subordinate and accountable to the President of the Republic of Kazakhstan.
Being the main conductor of the state's anti-corruption policy, the Agency combines elements of effective prevention, large-scale education, constructive partnership with society and criminal law measures in its activities.
The introduction of a standard basic anti-corruption direction for each state body within the framework of project management has strengthened the coordinating potential of the anti-corruption service.
Preventive measures in the public service
The new Law "On the Civil Service of the Republic of Kazakhstan" ensured the transition to a "career" model of public service, introduced the principles of meritocracy through mechanisms of open competitive selection, promotion based on competence. The conditions for team movements have been reduced, the system for evaluating the effectiveness of civil servants has been fundamentally revised, and a new remuneration system has been tested depending on the results of work.
The Code of Ethics of Civil Servants is in force, and an institute of ethics commissioners has been established in local and central state bodies. Ethics councils are functioning.
A new anti-corruption restriction has been introduced for civil servants, members of Parliament and judges to own accounts in foreign banks.
There is a complete ban on receiving and giving gifts in connection with the performance of official duties to persons holding a responsible public position, as well as those authorized to perform state functions, equated to them, and members of their families.
The norms on the inadmissibility of joint service (work) of these persons with close relatives, spouses and relatives have been strengthened. Candidates for public office are required to notify about working relatives in a state organization.
Financial control measures have been improved. In 2021, civil servants, persons equated to them, as well as their spouses, within the framework of the universal declaration, provided "entrance" declarations, recording all their assets. From 2022, a comparison of income and expenses will be carried out.
The assessment of the activity of akims has been supplemented with the target indicator "level of corruption" and the methodology of regional measurement of the corruption index has been approved.
Minimizing the prerequisites for corruption in courts and law enforcement agencies
The system of selection and evaluation of judges has been improved. Commissions on judicial ethics function in regional and equivalent courts, the Department of Internal Security and Prevention of Corruption in the courts of the Department for Ensuring the Activities of Courts under the Supreme Court has been established.
The figure of a "conciliator judge" has been introduced, which has tripled the burden on the courts: almost half of the cases are completed with reconciliation, the parties themselves sort out the dispute, minimizing corruption risks.
The trials have been moved online. The possibility of manipulations in the automated case distribution algorithm has been eliminated.
In order to unconditionally apply the principle of the rule of law for the prompt resolution of civil and commercial disputes of international business, an independent Court of the Astana International Financial Center has been established, operating under a special legal regime.
A three-tier model of the criminal process is being introduced, aimed at strengthening guarantees of respect for the constitutional rights of citizens, the inevitability of punishment and the prevention of corruption.
Continuous video surveillance is being introduced in penitentiary institutions and police offices, as well as in all operational and investigative units of law enforcement agencies.
In everyday practice, electronic systems of pre-trial investigations, administrative proceedings, accounting of subjects and objects of inspections, as well as the information service "Qamqor" are used.
A striking example of the use of digitalization to reduce corruption risks in the activities of law enforcement agencies is the scaling up of the practice of video traffic monitoring "Sergek", which excludes direct contact of offenders with officials.
The introduction of recruitment standards applied in the civil service into the law enforcement system makes it possible to ensure the transparency of selection and, accordingly, the quality and "purity" of personnel.
Along with the strengthening of criminal liability of law enforcement officers for corruption, measures have been taken to increase their salaries, as well as compensation for the costs of renting and purchasing housing for certain categories.
Expansion of public control, ensuring the openness of state bodies
Public control has been strengthened in Kazakhstan, represented by a number of non-governmental organizations.
The national preventive mechanism and public monitoring commissions are actively working. The National Council of Public Trust under the President of the Republic of Kazakhstan has been established.
Within the framework of the "hearing state" concept, an effective institutional and legal framework has been formed for the involvement of civil society in decision-making processes.
The legal status of public councils has been expanded by introducing amendments to the Law "On Public Councils".
Political parties play an important role in the process of introducing public control. The Nur Otan Party has adopted a Program to combat corruption until 2025, and a number of anti-corruption initiatives are being implemented as part of the Election program "The Path of Change: a decent life for everyone!".
A special monitoring group consisting of representatives of the public provided an assessment of the implementation of the Anti-Corruption Strategy.
The Law "On Access to Information" laid the foundations for the formation of a State accountable and transparent to society.
Five open data portals have been created on the Open Government electronic platform: "Open Budgets", "Open NPAs", "Open Data", "Evaluation of the effectiveness of state bodies", "Open Dialogue".