On combating corruption
Law of the Republic of Kazakhstan dated November 18, 2015 No. 410-V Sam.
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For the procedure for putting this law into effect, See Article 27.
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Content
This law regulates public relations in the field of combating corruption and is aimed at implementing the anti-corruption policy in the Republic of Kazakhstan.
Chapter 1. GENERAL PROVISIONS
Article 1. Interpretation of some of the concepts contained in this law
The concepts contained in this law shall be applied in the following sense::
1) administrative and economic functions – the right granted in accordance with the procedure established by the law of the Republic of Kazakhstan to manage and dispose of property on the balance sheet of the organization;
1-1) person holding a responsible public position – a person holding a position established by the Constitution of the Republic of Kazakhstan, constitutional and other laws of the Republic of Kazakhstan for the direct performance of state functions and powers of state bodies, including a deputy of the Parliament of the Republic of Kazakhstan, a judge, as well as a person holding a political public position or an administrative public position of corps "A" in accordance with the legislation of the Republic of Kazakhstan on public service;
2) official – a person who performs the functions of a representative of power by permanent, temporary or special powers or performs organizational, administrative or administrative-economic functions in state bodies, local self-government bodies, as well as in the Armed Forces, other troops and military formations of the Republic of Kazakhstan;
2-1) a person performing managerial functions in a state organization or a quasi-public sector entity – a person performing organizational, administrative or administrative-economic functions in these organizations on a permanent, temporary or special authority;
3) a person authorized to perform state functions – a civil servant, a deputy of the maslikhat, as well as a person who temporarily performs the duties provided for by the legislation of the Republic of Kazakhstan on public service before being appointed to the civil service;
4) a person equated to persons authorized to perform state functions – a person elected to local self-government bodies; a citizen registered as candidates for the president of the Republic of Kazakhstan, deputy of the Parliament or maslikhats of the Republic of Kazakhstan, akimat of cities of district significance, settlements, villages, rural districts, as well as members of an elected body of local self-government in accordance with the procedure established by the law of the Republic of Kazakhstan; an employee who works permanently or temporarily in a local self-government body, whose remuneration is made from the state budget of the Republic of Kazakhstan; a person performing managerial functions in a state organization or quasi-public sector entity, as well as a person authorized to make decisions on the organization and conduct of procurement, including public procurement, or responsible for the selection and implementation of projects financed from the state budget and the National Fund of the Republic of Kazakhstan, holding a position not lower than the head of an independent structural unit in these organizations, employees of the National Bank of the Republic of Kazakhstan and its departments,, employees of the authorized body for control and supervision; employees of the authorized organization in the field of civil aviation operating in accordance with the legislation of the Republic of Kazakhstan on the use of airspace and aviation activities of the Republic of Kazakhstan;
5) Conflict of interest – a conflict between the personal interests of persons holding a responsible public position, persons authorized to perform state functions, persons equated to them, officials and their official powers, in which case the personal interests of these persons may lead to their non-performance and (or) improper performance of their official duties;
6) corruption – illegal use by persons holding a responsible state position, persons authorized to perform state functions, persons equated to persons authorized to perform state functions, officials of their official (official) powers and related opportunities for the purpose of obtaining or obtaining property (non-property) benefits and benefits to themselves or third parties personally or through intermediaries, as well as bribery of these persons by transferring benefits and benefits;
7) anti-corruption policy – legal, administrative and organizational measures aimed at reducing corruption risks, increasing public confidence in the activities of state bodies and other measures in accordance with this law;
8) anti-corruption restrictions – restrictions established by this law and aimed at preventing corruption offenses;
9) anti-corruption-activities of anti-corruption subjects within their powers to prevent corruption, including to form an anti-corruption culture in society, identify and eliminate the causes and conditions that contribute to the commission of corruption offenses, as well as to identify, suppress, disclose and investigate corruption offenses and eliminate their consequences;
10) authorized anti-corruption body – a state body and its territorial divisions engaged in the formation and implementation of the anti-corruption policy of the Republic of Kazakhstan and coordination in the field of anti-corruption, as well as the prevention, detection, suppression, disclosure and investigation of corruption offenses;
11) corruption offense – an illegal, culpable act (act or omission) with signs of corruption, for which the law establishes administrative or criminal liability);
12) corruption risk – the possibility of occurrence of causes and conditions that contribute to the commission of corruption offenses;
13) corruption prevention – activities of anti-corruption subjects to study, identify, limit and eliminate the causes and conditions that contribute to the commission of corruption offenses through the development and implementation of a system of preventive measures;
14) organizational and administrative functions-the right granted in accordance with the procedure established by the law of the Republic of Kazakhstan to issue orders and orders that are mandatory for the performance of subordinates in their activities, as well as to apply incentive measures and disciplinary penalties against subordinates;
Warning. Article 1 as amended of the Republic of Kazakhstan No. 484-V dated 06.04.2016 (effective after ten calendar days after the date of its first official publication); No. 249 - VI dated 19.04.2019 (effective from 01.08.2019); No. 262-VI dated 03.07.2019 (effective from 01.01.2020); No. 273-VI dated 26.11.2019 (entered into force on the expiration of ten calendar days after the date of its first official publication); 06.10.2020 No. 365-VI (entered into force on the expiration of ten calendar days after the date of its first official publication).
Article 2. Scope of this law
1.this law applies to individuals and legal entities in the territory of the Republic of Kazakhstan. Outside the Republic of Kazakhstan, this law applies to citizens of the Republic of Kazakhstan and legal entities registered in the Republic of Kazakhstan, unless otherwise provided by an international treaty ratified by the Republic of Kazakhstan.
2.criminal liability and punishment for corruption crimes are provided for by the Criminal Code of the Republic of Kazakhstan, administrative liability and punishment for administrative corruption offenses – by the code of administrative offences of the Republic of Kazakhstan.
Article 3. Legislation of the Republic of Kazakhstan on combating corruption
1.the legislation of the Republic of Kazakhstan on combating corruption is based on the Constitution of the Republic of Kazakhstan and consists of this law and other normative legal acts of the Republic of Kazakhstan.
2.if an international treaty ratified by the Republic of Kazakhstan establishes rules other than those contained in this law, the rules of the international treaty shall apply.
Article 4. Basic principles of combating corruption
Anti-corruption measures:
1) legality;
2) priority of protection of human and civil rights, freedoms and legitimate interests;
3) transparency and transparency;
4) interaction of the state and civil society;
5) systematic and comprehensive use of anti-corruption measures;
6) priority application of anti-corruption measures;
7) promotion of persons providing assistance in combating corruption;
8) on the basis of the principles of inevitability of punishment for committing corruption offenses.
Article 5. Purpose and objectives of combating corruption
1.the purpose of anti-corruption measures is to eliminate corruption in society.
2. achieving the Anti-Corruption goal is carried out in the following cases::
1) creating an atmosphere of intolerance to corruption in society;