Memo "On the fight against corruption".
Corruption is a systemic threat to the security of Kazakhstan, threatening the stability of the state and society.
According to article 6 of the Law of the Republic of Kazakhstan "On Combating Corruption", all state bodies and officials are obliged to fight corruption within their competence.
The concept of corruption
Corruption is the acceptance, not provided for by law, personally or through intermediaries, of property benefits and advantages by persons performing state functions, as well as persons equated to them, using their official powers and related opportunities, or other use of their powers to obtain property benefits, as well as bribery of these persons by unlawfully providing them with these benefits and advantages by individuals and legal entities according to.
A corruption offense is an act provided for by the Law of the Republic of Kazakhstan "On Combating Corruption", as well as other acts involving corruption or creating conditions for corruption, which entail disciplinary, administrative and criminal liability established by law.
A bribe
The Criminal Code of the Republic of Kazakhstan provides for two types of crimes related to bribes:
* receiving a bribe (Article 311);
* giving a bribe (Article 312).
Taking a bribe is one of the most dangerous official crimes, especially if it is committed by a group of persons or is accompanied by extortion, which consists in obtaining advantages and benefits by an official for legal or illegal actions (inaction).
Bribery 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.
Who can be held criminally liable for taking a bribe?
A bribe-taker may be recognized as an official authorized to perform state functions, and a person equated to him.
Persons holding responsible public office — persons holding positions established by the Constitution of the Republic of Kazakhstan, constitutional and other laws of the Republic of Kazakhstan for the direct performance of the functions of the state and the powers of state bodies.
The concept of bribery
Illegal transfer of money, securities or other property to a person performing managerial functions in a commercial or other organization, as well as illegal provision of property services to him for using his official position in the interests of a person engaged in bribery — in the Criminal Code of the Republic of Kazakhstan is called commercial bribery (Article 231).
How to act in case of a bribe offer or extortion
* behave extremely cautiously, politely, without fawning, not allowing rash statements that could be interpreted by the bribe taker (bribe taker) either as willingness or as a categorical refusal to accept (give) a bribe;
* listen carefully and remember exactly the conditions offered to you (the amount of amounts, the name of goods and the nature of services, the timing and methods of transferring a bribe, the form of commercial bribery, the sequence of solving issues);
* try to postpone the question of the time and place of the transfer of the bribe until the next conversation and offer a place you are familiar with for the next meeting;
* if you have a dictaphone, try to record (secretly) the offer of a bribe or its extortion. take the initiative in the conversation, "work for the reception" more, let the potential bribe-taker (bribe-giver) "talk it out", tell you as much information as possible
What should be done immediately after the fait accompli of offering or extorting a bribe?
To report this fact — to the Department of the Agency of the Republic of Kazakhstan for Civil Service Affairs of the region, to the Department for Combating Economic and Corruption Crimes in the region.
Apply with an oral or written report about an impending crime to one of the law enforcement agencies at your place of work or to their higher authorities.
In cases of offers or extortion of bribes from representatives of local authorities, law enforcement officers and other government agencies, you can contact directly the own security units of these bodies, which deal with the suppression of crimes committed by their employees.
Press service of the Emergency Department of the Almaty region