On anti-corruption measures
Law of the Republic of Kazakhstan No. 410-V of November 18, 2015.
Chapter 1. GENERAL PROVISIONS
Article 1. Explanation of certain concepts contained in this Law
The concepts contained in this Law are applied in the following meaning:
1) a person holding a responsible public office, a person holding the office established by the Constitution of the Republic of Kazakhstan, constitutional and other laws of the Republic of Kazakhstan for the direct execution of state functions and powers of state bodies, including the Deputy of Parliament of the Republic of Kazakhstan, the judge, or the person holding under the law of the Republic of Kazakhstan on public service political public office or administrative state position of corps "A";
2) official – a person who permanently, temporarily or by special authority performs the functions of a representative of authority or performs organizational and administrative or administrative and economic functions in state bodies, quasi-public sector entities, local self-government bodies, as well as in the Armed Forces, other troops and military formations of the Republic of Kazakhstan;
3) a person authorized to perform state functions – a civil servant in accordance with the laws of the Republic of Kazakhstan on public service, a Deputy of the maslikhat, as well as a person temporarily performing the duties provided for by the state position, before his appointment to the state service;
Note of the rcli!
Subparagraph 4) is amended by the Law of the Republic of Kazakhstan dated 19.04.2019 No. 249-VI (effective from 01.08.2019).
4) a person equated to persons authorized to perform state functions – a person elected to local self-government bodies; a citizen registered in accordance with the law of the Republic of Kazakhstan as a candidate for President of the Republic of Kazakhstan, deputies of the Parliament of the Republic of Kazakhstan or maslikhats, mayors of cities of district significance, settlements, villages, rural districts, as well as members of an elected local self-government body; an employee who permanently or temporarily works in a local self-government body, whose remuneration is made from the state budget of the Republic of Kazakhstan; a person who performs managerial functions in a state organization or a quasi-public sector entity, employees of the National Bank of the Republic of Kazakhstan and its departments;
5) conflict of interests – a conflict between the personal interests of persons holding a responsible public office, persons authorized to perform public functions, persons equated to them, officials and their official powers, in which the personal interests of these persons may lead to improper performance of their official powers;
6) 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;
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 – the activities of anti-corruption entities within their powers to prevent corruption, including the formation of 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) the authorized anti-corruption body – the Central Executive body in the field of public service and anti-corruption and its Department, their territorial divisions, performing within their powers the functions of implementing the anti-corruption policy of the Republic of Kazakhstan and coordinating in the field of anti-corruption;
11) corruption offense – an illegal guilty act (action or omission) that has signs of corruption, for which the law establishes administrative or criminal liability;
12) corruption risk – the possibility of causes and conditions conducive to corruption offenses;
13) corruption prevention – the activity of subjects of counteraction of corruption for the study, detection, limitation and elimination of reasons and conditions conducive to Commission of corruption offences by developing and implementing a system of preventive measures.
Footnote. Article 1 as amended by the Law of the Republic of Kazakhstan dated 06.04.2016 No. 484-V (effective ten calendar days after the date of its first official publication)