Anti-corruption legislative acts

Anti-corruption standard

Ministries of Education and Science of the Republic of Kazakhstan

1. General provisions

1. The present anti-corruption standard of the Ministry of Education and Science of the Republic of Kazakhstan (further – the Ministry) is developed according to article 10 of the Law of the Republic of Kazakhstan of November 18, 2015 "About anti-corruption", the Methodical recommendations about development of anti-corruption standards approved by Agency on affairs of public service of the Republic of Kazakhstan and anti-corruption and has advisory nature.

2. Developer of the anti-corruption standard yavlyaetsyadepartament of legal service and international sotrudnichestvaministerstvo of science and education of the Republic of Kazakhstan.

3. The anti-corruption standard is directed to establishment for the isolated sphere of the public relations of system of recommendations, directed to prevention of corruption.

4. Problems of development of anti-corruption standards is:

1) formation of steady anti-corruption behavior at the persons working in the isolated sphere of the public relations;

2) timely identification of corruption manifestations and prevention of their negative consequences.

5. The principles of anti-corruption standards are:

1) legality;

2) transparency;

3) ethics;

4) respect for the rights and legitimate interests of natural and legal entities and their protection against corruption manifestations;

5) prevention of the conflict of interests.

6. Anti-corruption standards define actions and the solutions of the faces working in the isolated sphere of the public relations, directed to strict observance of the established rules and prevention of corruption manifestations.

7. At the heart of anti-corruption standards direct actions for execution of functions from the point of view of prevention of manifestations of corruption are put at:

1) realization of the rights and legitimate interests of natural and legal entities in the sphere affected by the anti-corruption standard;

2) preparation and adoption of administrative and other decisions within the competence;

3) to preparation of drafts of regulations of the Republic of Kazakhstan;

4) other socially significant relations depending on specifics of the respective sphere of activity.

 

2. Rules of conduct (action) of the persons working in the isolated sphere of the public relations

8. At realization of the rights and legitimate interests of natural and legal entities in the sphere affected by the anti-corruption standard:

1) to be guided by the Constitution and laws of the Republic of Kazakhstan, acts of the President, the Government of the Republic of Kazakhstan, other regulations, orders of the Minister and Responsible secretary and also position of the Ministry;

2) to promote strengthening of unity of the people of Kazakhstan and interethnic concord in the country, to relate validly to state and to other languages, traditions and customs of the people of Kazakhstan;

3) to be honest, fair, modest, to respect the standard moral ethical standards in treatment of natural persons, representatives of legal entities and colleagues, to show politeness and correctness;

4) to provide transparency of decision-making, affecting the rights and legitimate interests of natural and legal entities;

5) the actions and behavior not to be open to criticism from society, not to allow prosecution for criticism, to use constructive criticism for elimination of shortcomings and improvement of the activity;

6) not to use official position for rendering influence on activity of public authorities, organizations, public servants and other persons at the solution of questions of personal character;

7) not to spread the information untrue;

8) not to allow commission of offenses and other offenses for which the law has provided disciplinary, administrative or criminal liability;

9) to provide execution in public authority of the labor legislation and legislation on public service, ensuring compliance with the mode and working conditions and also the restrictions connected with stay in public service.

9. When rendering public services and other allowing functions:

1) on a constant basis to take measures for improvement of quality of rendering public services;

2) to provide full and reliable information about an order of rendering public services to uslugopoluchatel in an available form;

3) not to allow reclamation of not provided documents, and equally to avoid all red tape (bureaucracy) during rendering public services and other allowing functions;

4) to report on the management at inducement to commission of corruption offense;

5) to provide constant improvement of process of rendering public services, profitability and efficiency when rendering public services.

10. At implementation of the government procurement connected with purchase of goods, works, services, it is recommended to officials:

1) optimum and effectively to spend the money used for government procurement;

2) to give to potential suppliers equal opportunities for participation in the procedure of carrying out government procurement, except the cases provided by the Law;

3) to provide openness and transparency of process of government procurement;

4) not to allow corruption manifestations;

5) not to allow participation as the potential supplier and (or) the subcontractor (collaborator) attracted by him, having not fulfilled obligations under executive documents and the debtors included in the Unified register.

11. By preparation and adoption of administrative and other decisions within the competence:

1) to report on the direct or direct head on emergence of the conflict of interests, personal interest on duty, on inducement to corruption behavior and receiving gifts;

2) not to use official position for rendering influence on activity of public authorities, organizations, public servants and other persons at the solution of questions of personal character;

3) not to give to colleagues, heads and other officials gifts and not to render not office services for receiving with use of powers of office of property benefit, the benefit or advantage;

4) to show activity in anti-corruption, disclosure of corruption offenses;

5) to immediately report on the management on the corruption facts which have become to them known and also on inducement to obtaining any benefit for the accelerated consideration of materials or red tape;

6) immediately in writing to report to the direct head about doubts in legitimacy of the order received for execution;

7) to address the higher management if the direct head himself is involved in the conflict of interests;

To abstain from rendering assistance to someone in implementation of the business and other activity connected with extraction of income.

12. By preparation of drafts of regulations:

1) to provide obligatory participation of the public, mass media in preparation and discussion of drafts of regulations;

2) to provide coordination of conducting monitoring of legal acts by structural divisions of the Ministry and preparation of the corresponding reports on a constant basis;

3) to place the developed drafts of regulations to the direction on coordination in the interested public authorities for public discussion on the Internet portal of open regulations;

4) not to use in regulations of norm, the containing corruption factors or their signs.

13. At the organization of personnel work on selection and arrangement of employees/employees of the Ministry it is recommended:

1) to observe established periods of consideration of materials on appointments;

2) at inclusion for service/work in the Ministry to explain the fundamental obligations, the bans and restriction assigned to officials;

3) to observe requirements of the legislation of the Republic of Kazakhstan at selection of shots;

4) not to allow unreasonable transfer of data on personal data of public servants;

5) not to demand the documents which don't have relations for execution of an employment agreement from candidates for service/work;

6) objectively and comprehensively to make office investigations concerning employees of the Ministry.

14. At other relationship arising depending on specifics of the sphere of activity:

1) specifically and accurately to define tasks and volume of office powers of the subordinated officials;

2) not to allow uneven distribution of labor loading between the officials who are under supervision;

3) to show justice and objectivity at assessment of results of their activity and also at application of measures of encouragement and collectings;

4) not to allow in relation to the subordinated workers of insubstantial accusations, the facts of roughness, humiliation of human dignity, tactlessness, incorrect behavior;

5) not to make obviously impracticable orders or the beyond their functions and also contradicting the legislation;

6) not to use official position for rendering influence on activity of subordinates at the solution of questions of off-duty character;

7) not to force the corruption offenses subordinated to commission;

8) in due time to take exhaustive measures for settlement of conflicting interests, arisen at colleagues during performance of the functions by them;

9) to ensure safety of property, it is rational, effective in the office purposes to use property, including vehicles.

 

About anti-corruption

Law RK of November 18, 2015 No. 410-V

Chapter 1. GENERAL PROVISIONS

Article 1. Explanation of some concepts which are contained in the present Law

The concepts which are contained in the present Law are applied in the following value:

1) the person holding a responsible state position – the person holding a position which is established by the Constitution of the Republic of Kazakhstan, the constitutional and other laws of the Republic of Kazakhstan for direct execution of functions of the state and powers of public authorities, including the deputy of Parliament of the Republic of Kazakhstan, the judge and is equal the person occupying a political state position or an administrative state position of the case "A" according to the legislation of the Republic of Kazakhstan on public service;

2) the official – the person, is constant, temporary or on special power carrying out functions of the authority or performing organizational and administrative or administrative functions in public authorities, subjects of the quasi-public sector, local governments and also in Armed Forces, other troops and military formations of the Republic of Kazakhstan;

3) the person authorized for performance of the state functions – the public servant according to laws of the Republic of Kazakhstan on public service, the deputy of the maslikhat and also the person who is temporarily fulfilling the duties provided by the state position before appointment him on public service;

4) the person equated to the persons authorized for performance of the state functions – the person elected in local governments; the citizen registered in the order established by the law of the Republic of Kazakhstan as the candidate for president of the Republic of Kazakhstan, deputies of Parliament of the Republic of Kazakhstan or maslikhat, akims of the cities of regional value, settlements, villages, rural districts and also in members of electoral local government; serving, constantly or temporarily working in local government which compensation is made from means of the state budget of the Republic of Kazakhstan; the person executing administrative functions in the state organization or the subject of the quasi-public sector, employees of National Bank of the Republic of Kazakhstan and his departments;

5) the conflict of interests – a contradiction between personal interests of the persons holding a responsible state position, the persons authorized for performance of the state functions, the persons equated to them, officials and their powers of office at which personal interests of specified persons can lead to inadequate execution of the powers of office by them;

6) corruption – illegal use by the persons holding a responsible state position, the persons authorized for performance of the state functions, the persons equated to the persons authorized for performance of the state functions, officials of the official (office) powers and related opportunities for receiving or extraction personally or through intermediaries of the property (non-property) benefits and advantages to themselves or the third parties, and equally in bribery of these persons by granting the benefits and advantages;

7) anti-corruption policy – the legal, administrative and organizational measures directed to decrease in corruption risks, increase in trust of society to activity of public authorities and other measures according to the present Law;

8) anti-corruption restrictions – the restrictions set by the present Law and directed to prevention of corruption offenses;

9) anti-corruption – activity of subjects of anti-corruption within the powers according to prevention of corruption, including on formation of anti-corruption culture in society, to identification and elimination of the reasons and conditions promoting commission of corruption offenses and also on identification, suppression, disclosure and investigation of corruption offenses and elimination of their consequences;

10) authorized body on anti-corruption – the public authority which is directly subordinated and accountable to the President of the Republic of Kazakhstan, and his territorial divisions which are carrying out within the powers of function on realization of anti-corruption policy of the Republic of Kazakhstan and coordination in the sphere of anti-corruption;

11) corruption offense – the illegal guilty act (action or inaction) having signs of corruption for which the law has established administrative or criminal liability;

12) corruption risk – possibility of the reasons and conditions promoting commission of corruption offenses;

13) prevention of corruption – activities of subjects of anti-corruption for studying, identification, restriction and elimination of the reasons and conditions promoting commission of corruption offenses by development and deployment of system of preventive measures.

Article 2. Coverage of the present Law

1. The present Law acts on the territory of the Republic of Kazakhstan concerning natural and legal entities. Outside the Republic of Kazakhstan the present Law works for the citizens of the Republic of Kazakhstan and legal entities registered in the Republic of Kazakhstan if other isn't provided by the international treaty ratified by the Republic of Kazakhstan.

2. Criminal responsibility and punishment for corruption crimes are provided Criminal kodeksomrespublik Kazakhstan, administrative responsibility and collecting for administrative corruption offenses – the Code of the Republic of Kazakhstan about administrative offenses.

Article 3. Legislation of the Republic of Kazakhstan on anti-corruption

1. The legislation of the Republic of Kazakhstan on anti-corruption is based on the Constitution of the Republic of Kazakhstan and consists of the present Law and other regulations of the Republic of Kazakhstan.

2. If the international treaty ratified by the Republic of Kazakhstan has established other rules, than those which contain in the present Law then are applied rules of the international treaty.

Article 4. Basic principles of anti-corruption

Anti-corruption is carried out on the basis of the principles:

1) legality;

2) priority of protection of the rights, freedoms and legitimate interests of the person and citizen;

3) publicity and transparency;

4) interactions of the state and civil society;

5) system and complex use of measures of anti-corruption;

6) priority application of measures of prevention of corruption;

7) encouragement of the persons rendering assistance in anti-corruption;

8) inevitability of punishment for commission of corruption offenses

Article 5. Purpose and tasks of anti-corruption

1. The purpose of anti-corruption is elimination of corruption in society.

2. Achievement of the goal of anti-corruption is implemented by means of the solution of the following tasks:

1) formations in the society of the atmosphere of intolerance to corruption;

2) identifications of the conditions and reasons promoting commission of corruption offenses, and elimination of their consequences;

3) strengthenings of interaction of subjects of anti-corruption;

4) development of the international cooperation in anti-corruption;

5) identifications, suppression, disclosure and investigation of corruption offenses.

 

Chapter 2. ANTI-CORRUPTION MEASURES

Article 6. System of measures of anti-corruption

The system of measures of anti-corruption includes:

1) anti-corruption monitoring;

2) analysis of corruption risks;

3) formation of anti-corruption culture;

4) identification of corruptogenic norms by production of legal examination according to the legislation of the Republic of Kazakhstan;

5) formation and observance of anti-corruption standards;

6) financial control;

7) anti-corruption restrictions;

8) prevention and resolution of conflict of interests;

9) anti-corruption measures in the sphere of business;

10) identification, suppression, disclosure and investigation of corruption offenses;

11) message about corruption offenses;

12) elimination of consequences of corruption offenses;

13) formation and publication of the National report on anti-corruption.

Article 7. Anti-corruption monitoring

1. Anti-corruption monitoring – activities of subjects of anti-corruption for collecting, processing, generalization, the analysis and assessment of information concerning efficiency of anti-corruption policy, a condition of law-enforcement practice in the sphere of anti-corruption and also perception and assessment of level of corruption by society.

2. The purpose of anti-corruption monitoring is assessment of law-enforcement practice in the sphere of anti-corruption.

3. Sources of anti-corruption monitoring are the legal statistics and appeals of natural and legal entities, the data of the non-governmental and international organizations, data of sociological polls and publications in mass media and also other information sources which aren't forbidden by the law.

4. Results of anti-corruption monitoring can be the basis for carrying out the analysis of corruption risks and also improvement of the measures directed to formation of anti-corruption culture.

5. Provisions of the present article don't extend to activity of special public authorities.
      Article 8. Analysis of corruption risks

1. The analysis of corruption risks (external and internal) – identification and studying of the reasons and conditions promoting commission of corruption offenses.

2. The external analysis of corruption risks is carried out by authorized body on anti-corruption in the order determined by the President of the Republic of Kazakhstan in the following directions:

1) identification of corruption risks in the regulations affecting activity of public authorities and organizations, subjects of the quasi-public sector;

2) identification of corruption risks in organizational and administrative activity of public authorities and organizations, subjects of the quasi-public sector.

The authorized body on anti-corruption has the right to involve experts and (or) experts of other subjects of anti-corruption in carrying out the external analysis of corruption risks.

By results of the external analysis of corruption risks public authorities, the organizations and subjects of the quasi-public sector take measures for elimination of the reasons and conditions of emergence of corruption.

3. Action of paragraph 2 of the present article doesn't extend to the relations in spheres:

1) the highest supervision exercised by prosecutor's office;

2) pre-judicial criminal cases production;

3) productions on cases of administrative offenses;

4) justice;

5) operational search activity;

6) criminal and executive activity;

7) control of observance of requirements of the legislation of the Republic of Kazakhstan on the state secrets.

4. Provisions of paragraph 2 of the present article don't extend to activity of special public authorities.

5. Public authorities, the organizations and subjects of the quasi-public sector carry out the internal analysis of corruption risks by results of which take measures for elimination of the reasons and conditions promoting commission of corruption offenses.

The standard order of carrying out the internal analysis of corruption risks is determined by authorized body by anti-corruption.

Article 9. Formation of anti-corruption culture

1. Formation of anti-corruption culture – the activity which is carried out by subjects of anti-corruption within the competence on preservation and strengthening in the society of the system of values reflecting intolerance to corruption.

2. Formation of anti-corruption culture is carried out by means of a package of measures of educational, information and organizational character.

3. Anti-corruption education – the continuous process of education and training which is carried out for moral, intellectual, cultural development and formation of an active civic stand of rejection of corruption by the personality.

4. Information and organizational activities are implemented by carrying out explanatory work in mass media, the organization of socially important actions, the state social order according to the legislation of the Republic of Kazakhstan and other measures provided by the legislation of the Republic of Kazakhstan.

Article 10. Anti-corruption standards

1. Anti-corruption standards – the system of recommendations directed to prevention of corruption installed for the isolated sphere of the public relations.

2. Anti-corruption standards are developed by public authorities, the organizations and subjects of the quasi-public sector with the assistance of the public and considered when developing the legislation and in law-enforcement practice.

Note RCPI!

Order of enforcement of article of 11 cm of Art. 27 of the Law RK from 11/18/2015 No. 410-V.

Article 11. Measures of financial control

1. For implementation of measures of financial control of the person, determined by the present article, submit the following declarations of natural persons:

1) declaration on assets and obligations;

2) financial disclosure statement.

2. The declaration on assets and obligations is submitted by candidates for president of the Republic of Kazakhstan, deputies of Parliament of the Republic of Kazakhstan and maslikhat, akims of the cities of regional value, settlements, villages, rural districts and also in members of electoral local governments and their spouses – before registration as the candidate.

3. The financial disclosure statement is submitted:

1) the persons holding a responsible state position and their spouses;

2) the persons authorized for performance of the state functions and their spouses;

3) officials and their spouses;

4) the persons equated to the persons authorized for performance of the state functions and their spouses.

4. In case of acquisition within financial calendar year of the property determined by the tax law of the Republic of Kazakhstan, the persons specified in paragraph 3 of the present article reflect data on sources of a covering of expenses on acquisition of the specified property in the financial disclosure statement.

5. The declaration on assets and obligations is formed according to tax zakonodatelstvomrespublik Kazakhstan and it is represented in a form and as it should be which are defined by the tax law of the Republic of Kazakhstan.

6. The financial disclosure statement is formed according to the tax law of the Republic of Kazakhstan and it is represented in a form, as it should be and terms which are determined by the tax law of the Republic of Kazakhstan.

7. Data on representation by the natural persons specified in paragraphs 2 and 3 of the present article of the declaration on assets and obligations or the financial disclosure statement are placed on an official Internet resource of the public authority performing management in the sphere of ensuring receipts of taxes and other obligatory payments in the budget in the order established by the tax law of the Republic of Kazakhstan.

8. Non-presentation of the declaration on assets and obligations and (or) financial disclosure statements or submission of incomplete, false information in such declarations if the deeds don't contain signs of penal act:

the persons specified in paragraph 2 of the present article – is the basis for refusal in registration or cancellation of decisions on registration;

– attracts with the persons specified in paragraph 3 of the present article the responsibility provided by Kodeksomrespubliki Kazakhstan about administrative offenses.

9. In time no later than December 31 of the year following after financial calendar year the data reflected in declarations of natural persons which were submitted by the following persons and their spouses are subject to publication:

1) the holding political state positions;

2) the holding administrative state positions of the case "A";

3) deputies of Parliament of the Republic of Kazakhstan;

4) judges of the Republic of Kazakhstan;

5) the persons executing administrative functions in subjects of the quasi-public sector.

The list of the data which are subject to publication is determined by authorized body by anti-corruption.

The data specified in part second of the present point are placed services of human resource management (HR departments) of public authorities, the organizations, Parliament of the Republic of Kazakhstan and the Supreme Court of the Republic of Kazakhstan on their official Internet resources.

10. Requirements of point 7 and subparagraphs 1) and 2) of paragraph 9 of the present article don't extend to the data making the state secrets.

11. Natural and legal entities which participate in performance of functions on management of the state property represent as it should be and the terms established by the Government of the Republic of Kazakhstan, reports on all transactions of property character and financial activity connected with state ownership in the public authority which is carrying out concerning the state property of competence of the owner.

12. The data coming to bodies of state revenues provided by the present article are the secret protected by the law according to the legislation of the Republic of Kazakhstan. Their disclosure attracts responsibility according to laws of the Republic of Kazakhstan.

13. The data which are an office and tax secret are submitted to authorized body on financial monitoring for and an order, the income provided by the Law of the Republic of Kazakhstan "About counteraction of legalization (washing) gained in the criminal way and to terrorism financing".

 

Notes.

1. Persons are recognized the present article as the faces executing administrative functions in subjects of the quasi-public sector, it is constant, temporary or on special power the executing organizational and administrative or administrative functions in the specified organizations.

2. Organizational and administrative functions in the present article are meant as activities of the persons for implementation provided by the legislation and constituent documents of powers of executive body of the organization. The general management of collective, arrangement and staff recruitment, the organization and control of work of subordinates, the maintenance of discipline which is expressed in application of measures of encouragement and imposing of disciplinary punishments treat these functions.

3. Administrative functions in the present article are meant as implementation by persons on whom the full liability, activity within the conferred powers on management and the order of property, including the money which are on balance and bank accounts of the organization is conferred.

Article 12. Anti-corruption restrictions

1. For prevention by the persons holding a responsible state position, the persons authorized for performance of the state functions, the persons equated to them (except for candidates for president of the Republic of Kazakhstan, deputies of Parliament of the Republic of Kazakhstan or maslikhat, akims of the cities of regional value, settlements, villages, rural districts and also in members of electoral local governments), officials and also persons who are the candidates authorized for performance of the specified functions of commission of actions which can lead to use of the powers by them in personal, group and other not office interests specified persons taking into account the features established by articles 13, 14 and 15 of the present Law assume anti-corruption restrictions on:

1) to implementation of the activity not compatible to performance of the state functions;

2) inadmissibility of joint service (work) of close relatives, spouses and cousins-in-laws;

3) to use of the office and other information which isn't subject to official distribution for receiving or extraction of the property and non-property benefits and advantages;

4) to acceptance of gifts in connection with execution of office powers according to the legislation of the Republic of Kazakhstan.

2. Other precepts of law providing the restrictions directed to prevention of corruption can be set by the laws regulating an order of performance of separate state functions.

3. The consent of the persons specified in paragraph 1 of the present article to acceptance of anti-corruption restrictions is fixed by services of human resource management (HR departments) of the relevant organizations in writing.

4. Rejection of anti-corruption restrictions by the persons specified in paragraph 1 of the present article attracts refusal in reception to a position or dismissal about positions (dismissal), their non-compliance in cases of lack of signs of penal act and administrative offense is the basis for the termination of public service or other related activity by them.

Article 13. Activity incompatible with performance of the state functions

1. To the persons holding a responsible state position, to the persons authorized for performance of the state functions, to the persons equated to the persons authorized for performance of the state functions (except for candidates for president of the Republic of Kazakhstan, deputies of Parliament of the Republic of Kazakhstan or maslikhat, akims of the cities of regional value, settlements, villages, rural districts and also in members of electoral local governments, the persons which are carrying out activity in subjects of the quasi-public sector), to officials it is forbidden:

1) to participate independently in management of economic entity if management or participation in management of economic entity doesn't belong to their functions according to laws of the Republic of Kazakhstan, to promote satisfaction of material interests of the organizations or natural persons by unauthorzsed use of the office powers for the purpose of receiving property or other benefits;

2) to be engaged in business activity, except for acquisition and (or) realization of shares of open and interval mutual investment funds, bonds on organized securities market, stocks of the commercial organizations (common shares in the volume which isn't exceeding five percent from total of voting shares of the organizations) on organized securities market;

3) to be engaged in other paid activity, except pedagogical, scientific and other creative activity.

2. The persons executing administrative functions in the organizations entering into group of National welfare fund, having the right to hold the paid positions in governing bodies, the supervisory boards, executive bodies of other organizations entering into group of National welfare fund.

3. The persons specified in paragraphs 1 and 2 of the present article having the right to hand over the dwelling in property hiring (rent) belonging to them on the property right and to gain income from such delivery.

4. The chairman of National Bank of the Republic of Kazakhstan and his deputies is forbidden to get shares of investment funds, bonds, stocks of the commercial organizations.

The chairman of National Bank of the Republic of Kazakhstan and his deputies within thirty calendar days from the date of their appointment to positions are obliged to deliver in trust management in the order established by laws of the Republic of Kazakhstan, the belonging shares of investment funds, bonds and shares of the commercial organizations acquired before appointment them at a position.

5. The persons specified in paragraph 1 of the present article within thirty calendar days from the date of taking office are obliged to deliver in trust management for the period of performance of these functions in the order established by laws of the Republic of Kazakhstan, the property belonging to them which use attracts income generation, except for money, bonds, shares of the open and interval mutual investment funds which are lawfully belonging to these persons and also the property transferred to property hiring.

6. The contract for trust management of property is subject to the notarial certificate.

7. In case of acquisition of the stock of the person, specified paragraph 1 of the present article, are obliged to deliver them in trust management within thirty calendar days from the date of acquisition in the order established by laws of the Republic of Kazakhstan and to present to service of human resource management (HR department) in the place of work the copy of notarially certified contract for trust management of property within ten working days after the notarial certificate of the contract.

8. Non-execution of the obligations provided by paragraphs 4 and 6 of the present article, persons holding a responsible state position, the persons authorized for performance of the state functions and the persons equated to the persons authorized for performance of the state functions (except for candidates for president of the Republic of Kazakhstan, deputies of Parliament of the Republic of Kazakhstan or maslikhat, akims of the cities of regional value, settlements, villages, rural districts and also in members of electoral local governments, the persons which are carrying out the activity in subjects of the quasi-public sector), and officials is the basis for the termination of public service or other related activity by them.

Article 14. Inadmissibility of joint service (work) of close relatives, spouses or cousins-in-laws

1. The persons holding the responsible state position, faces authorized for performance of the state functions, and the faces equated to the persons authorized for performance of the state functions (except for candidates for president of the Republic of Kazakhstan, deputies of Parliament of the Republic of Kazakhstan or maslikhat, akims of the cities of regional value, settlements, villages, rural districts and also in members of electoral local governments), officials can't hold the positions which are in direct subordination to the positions held by their close relatives and (or) the spouse (spouse) and also cousins-in-laws.

2. The persons violating requirements of paragraph 1 of the present article if they voluntarily within three months from the moment of detection of the specified violation don't eliminate him are subject to transfer to the positions excluding such subordination, and at impossibility of such translation one of these employees is subject to dismissal from a position or to other release from the specified functions.

Note. In the present Law close relatives are understood as parents (parent), children, adoptive parents (adopters), the adopted (adopted), full and not full brothers and sisters, the grandfather, the grandmother, grandsons, as cousins-in-laws – brothers, sisters, parents and children of the spouse (spouse).

Article 15. Conflict of interests

1. The persons holding a responsible state position, to the persons authorized for performance of the state functions, to the persons equated to the persons authorized for performance of the state functions, officials are forbidden to carry out functions if there is a conflict of interests.

2. The persons specified in paragraph 1 of the present article have to take measures for prevention and resolution of conflict of interests.

3. The persons specified in paragraph 1 of the present article are obliged to notify in writing the direct head or the management of the organization in which they work, on the arisen conflict of interests or on a possibility of his emergence as soon as they knows of it.

The direct head or the management of the organization for addresses of the persons specified in paragraph 1 of the present article or when obtaining information from other sources are obliged to take in due time the following measures for prevention and settlement of conflicting interests:

1) to discharge the persons specified in paragraph 1 of the present article of execution of functions and to charge to other person execution of functions on a question in connection with which there has arisen or can be a conflict of interests;

2) to change functions;

3) to take other measures for elimination of the conflict of interests.

Article 16. Anti-corruption measures in the sphere of business

1. Subjects of business at implementation of the activity take measures for prevention of corruption, including for minimization of the reasons and conditions promoting commission of corruption offenses, way:

1) establishments of the organizational legal mechanisms providing accountability, accountability and transparency of procedures of decision-making;

2) respect for the principles of fair competition;

3) prevention of the conflict of interests;

4) acceptance and respect for norms of business ethics;

5) taking measures to formation of anti-corruption culture;

6) interactions with public authorities and other organizations for prevention of corruption.

2. Standards according to prevention of corruption for subjects of business can be developed and be accepted by associations (associations, the unions) of subjects of business.

Article 17. National report on anti-corruption

1. The national report on anti-corruption – the document containing the analysis and assessment of a state and a tendency of distribution of corruption at the international and national levels, offers on formation, realization and improvement of anti-corruption policy.

2. The authorized body on anti-corruption annually forms the National report on anti-corruption and presents him to the President of the Republic of Kazakhstan.

3. The national report on anti-corruption is formed on the basis of results of work of authorized body on anti-corruption and activity of public authorities, natural and legal entities concerning anti-corruption.

4. The order of preparation, introduction of the National report on anti-corruption to the President of the Republic of Kazakhstan and his publication is approved by the President of the Republic of Kazakhstan.

 

Chapter 3. SUBJECTS of ANTI-CORRUPTION AND THEIR POWER

Article 18. Subjects of anti-corruption

Treat subjects of anti-corruption:

1) authorized body on anti-corruption;

2) other subjects of anti-corruption – public authorities, subjects of the quasi-public sector, public associations and also other natural and legal entities.

Article 19. Anti-corruption service

1. Anti-corruption service – the operational investigative divisions of authorized body on anti-corruption which are carrying out the activity directed to prevention, identification, suppression, disclosure and investigation of corruption crimes and offenses.

2. The staff of anti-corruption service at execution of official duties by them has the powers established by the Law of the Republic of Kazakhstan "About law-enforcement service" and other acts of the Republic of Kazakhstan.

Article 20. Competence of authorized body on anti-corruption

The authorized body on anti-corruption carries out the following functions:

1) development of suggestions for improvement of the regulatory legal base in the sphere of anti-corruption and also acceptance in the order of regulations established by the legislation of the Republic of Kazakhstan within the competence;

2) identification of the reasons and conditions promoting commission of corruption offenses in activity of public authorities, organizations and subjects of the quasi-public sector according to the present Law;

3) submitting for examination of the Government of the Republic of Kazakhstan the recommendations about minimization and elimination of the reasons and conditions of emergence of corruption in activity of public authorities, organizations and subjects of the quasi-public sector;

4) annual representation to the President of the Republic of Kazakhstan of the National report on anti-corruption;

5) monitoring of execution by public authorities, organizations, subjects of the quasi-public sector of recommendations about elimination of the reasons and conditions promoting commission of the corruption offenses which are taken out by results of the external analysis of corruption risks;

6) implementation of monitoring of realization of the property seized on criminal cases about corruption crimes and acquired on the money earned in the criminal way, as a rule, with the subsequent publication of information on his address to income of the state;

7) studying and distribution of positive experience of anti-corruption;

8) elaboration of suggestions for improvement of educational programs in the sphere of formation of anti-corruption culture;

9) assistance and rendering the methodical help to subjects of anti-corruption in implementation of educational programs for anti-corruption education and education, information and explanatory activities, execution of the state social order directed to formation of anti-corruption culture;

10) interaction with other public authorities, natural and legal entities on the main activities of authorized body on anti-corruption;

11) participation in preparation of drafts of international treaties concerning anti-corruption, interaction with appropriate authorities of the foreign states concerning anti-corruption, participation within the powers in activity of the international organizations;

12) other functions assigned by laws of the Republic of Kazakhstan and also acts of the President of the Republic of Kazakhstan.

Article 21. Powers of authorized body on anti-corruption

1. Authorized body on anti-corruption in case of execution of the functions laid to it:

1) requests from public authorities, the organizations and officials information and materials in the order set by the legislation of the Republic of Kazakhstan;

2) in cases of detection of violation of the law of the Republic of Kazakhstan about anti-corruption takes measures in the order set by the legislation for their elimination;

3) defines an order of carrying out anti-corruption monitoring;

4) realizes other rights laid by laws of the Republic of Kazakhstan and also acts of the President of the Republic of Kazakhstan.

2. The anti-corruption service of authorized body on anti-corruption within the powers has the right:

1) to carry out the analysis of practice of operational search and investigative activities, pre-judicial investigation for corruption crimes and also productions on cases of administrative offenses;

2) on the criminal cases which are available in production to subject to the drive of the persons evading from an appearance on a call;

3) to except or make seizure of documents, goods, objects or other property according to the criminal procedure legislation of the Republic of Kazakhstan and (or) the legislation of the Republic of Kazakhstan on administrative offenses;

4) to use temporary detention centers, pre-trial detention centers in the order provided by the legislation of the Republic of Kazakhstan;

5) to enter to the public authorities, the organizations or persons executing in them administrative functions, ideas of taking measures to elimination of circumstances or other violations of the law in the order set by the criminal procedure legislation of the Republic of Kazakhstan;

6) to make protocols on administrative offenses, to realize administrative detention and also to apply other measures provided by the Code of the Republic of Kazakhstan about administrative offenses;

7) to demand production of audits, tax and other audits, audit and assessment from authorized bodies and officials in the cases provided by the legislation of the Republic of Kazakhstan;

8) to enhance forms and methods of fight against corruption crimes and offenses, to define strategy and tactics of operational search activities, to work out and realize measures for increase in its efficiency;

9) according to the legislation of the Republic of Kazakhstan to create and use the information systems providing the decision of the tasks laid to it, to organize a research during pre-judicial investigation, production on cases of administrative offenses in the order set by the legislation;

10) to escort the detainees and persons taken into custody;

11) to carry out other powers assigned by laws of the Republic of Kazakhstan and also acts of the President of the Republic of Kazakhstan.

Article 22. Powers of public authorities, organizations, subjects of the quasi-public sector and officials on counteraction corruption

1. Within the competence all public authorities, the organizations, subjects of the quasi-public sector and officials are obliged to conduct anti-corruption.

2. Identification, suppression, disclosure, investigation and prevention of corruption offenses and involvement of the persons guilty of their commission, to responsibility within the competence are carried out by bodies of prosecutor's office, national security, internal affairs, state revenues, military police, the Border service of Committee of national security of the Republic of Kazakhstan.

Article 23. Participation of the public in anti-corruption

Natural persons, public associations and other legal entities at anti-corruption apply the following measures:

1) report about the facts of commission of corruption offenses known for him in the order established by the legislation of the Republic of Kazakhstan;

2) make suggestions for improvement of the legislation and law-enforcement practice concerning anti-corruption;

3) participate in formation of anti-corruption culture;

4) carry out interaction with other subjects of anti-corruption and authorized body on anti-corruption;

5) request and receive in the order established by the legislation of the Republic of Kazakhstan from public authorities information on activities for anti-corruption;

6) conduct researches, including scientific and sociological, concerning anti-corruption;

7) carry out explanatory work in mass media and will organize socially important actions for questions of anti-corruption.

Article 24. Message about corruption offenses

1. The person having information on corruption offense informs the management of public authority or organization which employee is, or authorized body on anti-corruption.

2. The guide of public authority, organization, authorized body to anti-corruption are obliged to take measures for the arrived message about corruption offense according to the law.

3. The person who has reported about the fact of corruption offense or otherwise the rendering assistance in anti-corruption, is under protection of the state and is encouraged in the order established by the Government of the Republic of Kazakhstan.

Provisions of the present point don't extend to the persons who have given obviously false information about the fact of corruption offense who are subject to responsibility according to the law.

4. Information on the person rendering assistance in anti-corruption is the state secret and is provided in the order established by the law. Disclosure of the specified information attracts the responsibility established by the law.

 

Chapter 4. ELIMINATION of CONSEQUENCES of CORRUPTION OFFENCES

Article 25. Collecting (return) illegally received property or cost of illegally provided services

1. In refusal cases to voluntarily hand over illegally received property or to pay to the state its cost or cost of illegally received services as a result of corruption offenses their collecting is carried out on the basis of the judgment which has taken legal effect in the claim of the prosecutor, bodies of the state revenues or other public authorities and officials authorized on it by the law. The specified bodies before pronouncement of the decision by court take measures for safety of the property belonging to the offender.

2. In the cases specified in paragraph 1 of the present article, the prosecutor bodies of state revenues or other representatives on it the law public authorities and the officials in terms identified by the law appeal to court with the claim for the address of illegally received property and (or) collecting cost of illegally received services in income of the state.

3. If from the person holding a responsible state position, the person authorized for performance of the state functions, and the person equated to the person authorized for performance of the state functions, and the official at the time of dismissal of other release from performance of the corresponding functions illegally received property or cost of illegally provided services aren't collected, the official or the body making the decision on such release send to bodies of state revenues at the place of residence of the perpetrator the notice of the gained illegal income.

4. Return, account, storage, assessment and realization of the handed-over property are carried out in the order established by the Government of the Republic of Kazakhstan.

Article 26. Invalidity of the transactions, contracts, acts and actions made as a result of corruption offenses

1. The transactions, contracts made as a result of corruption offenses are recognized court as invalid the order established by the law of the Republic of Kazakhstan in the claim of authorized public authorities, interested persons or the prosecutor.

2. Adoption of acts and commission of actions as a result of corruption offenses are the bases for their cancellation (recognitions invalid) the persons authorized for cancellation (cancellation) of the relevant acts, or in a judicial proceeding in the claim of interested persons or the prosecutor.

 

Chapter 5. FINAL PROVISIONS

Article 27. Order of enforcement of the present Law

1. The present Law becomes effective since January 1, 2016, behind an exception:

1) paragraphs 1, 2, 3, 4, 5, 6, 7, 8, 10, 11, 12 and 13 of article 11 which become effective since January 1, 2017;

2) paragraph 9 of article 11 which becomes effective since January 1, 2020.

2. To establish that from January 1, 2017 to January 1, 2020 paragraph 9 of article 11 works in the following edition:

"9. In time no later than December 31 of the year following after financial calendar year the data reflected in declarations of natural persons which were submitted by the following persons and their spouses can be published:

1) the holding political state positions;

2) the holding administrative state positions of the case "A";

3) deputies of Parliament of the Republic of Kazakhstan;

4) judges of the Republic of Kazakhstan;

5) the persons executing administrative functions in subjects of the quasi-public sector.

The list of data, except for the data making the state secrets according to the legislation of the Republic of Kazakhstan, which are subject to publication is determined by authorized body by anti-corruption.

The data specified in part second of the present point are placed services of human resource management (HR departments) of public authorities, the organizations, Parliament of the Republic of Kazakhstan and the Supreme Court of the Republic of Kazakhstan on their official Internet resources".

3. To establish that from the date of enforcement of the present Law till January 1, 2017 article 11 work in the following edition:

"Article 11. Measures of financial control

1. The persons who are candidates for the state position or a position connected with performance of the state or equated to them functions present to body of state revenues at the place of residence:

the financial disclosure statement, being subject to the taxation, including being outside the territory of the Republic of Kazakhstan, with the indication of the location of the specified property;

data about:

deposits in banking institutions and about securities, including outside the territory of the Republic of Kazakhstan, with the indication of banking institution and also about financial means of which these persons have the right to dispose personally or together with other persons;

the participation as the shareholder or the founder (participant) of legal entities with the indication of share in authorized capital and full bank or other details of the specified organizations;

trusts and about the states in which they are registered, with the indication of numbers of the corresponding bank accounts if the person or his spouse (spouse) is a beneficiary of these trusts;

names and requisites of other organizations at which with the person contractual relations, agreements and obligations (including oral) on maintenance or temporary storage of the material and financial means belonging to the person or the spouse (spouse) in a size exceeding the thousandfold size of a monthly settlement indicator are had.

2. The persons holding the state position annually during performance of the powers in the order established by the tax law of the Republic of Kazakhstan present to body of state revenues at the place of residence the financial disclosure statement, being subject to the taxation and being both in the territory of the Republic of Kazakhstan, and beyond her limits.

3. The persons dismissed from public service for negative motives within three years after dismissal in the order established by the tax law
The Republic of Kazakhstan, present to body of state revenues at the place of residence the financial disclosure statement, being subject to the taxation and being both in the territory of the Republic of Kazakhstan, and beyond her limits.

4. The spouse (spouse) of the person specified in paragraph 1 of the present article presents to body of state revenues at the place of residence:

the financial disclosure statement, being subject to the taxation, including, being outside the territory of the Republic of Kazakhstan, with the indication of the location of the specified property;

data about:

deposits in banking institutions and about securities, including outside the territory of the Republic of Kazakhstan, with the indication of banking institution and also about financial means of which these persons have the right to dispose personally or together with other persons;

the participation as the shareholder or the founder (participant) of legal entities with the indication of share in authorized capital and full bank or other details of the specified organizations;

trusts and about the states in which they are registered, with the indication of numbers of the corresponding bank accounts if the person or his spouse (spouse) is a beneficiary of these trusts;

names and requisites of other organizations at which with the person contractual relations, agreements and obligations (including oral) on maintenance or temporary storage of the material and financial means belonging to the person or the spouse (spouse) in a size exceeding the thousandfold size of a monthly settlement indicator are had.

2. The persons holding the state position annually during performance of the powers in the order established by the tax law of the Republic of Kazakhstan present to body of state revenues at the place of residence the financial disclosure statement, being subject to the taxation and being both in the territory of the Republic of Kazakhstan, and beyond her limits.

3. The persons dismissed from public service for negative motives within three years after dismissal in the order established by the tax law
The Republic of Kazakhstan, present to body of state revenues at the place of residence the financial disclosure statement, being subject to the taxation and being both in the territory of the Republic of Kazakhstan, and beyond her limits.

4. The spouse (spouse) of the person specified in paragraph 1 of the present article presents to body of state revenues at the place of residence:

the financial disclosure statement, being subject to the taxation, including, being outside the territory of the Republic of Kazakhstan, with the indication of the location of the specified property;

data about:

deposits in banking institutions and about securities, including outside the territory of the Republic of Kazakhstan, with the indication of banking institution and also about financial means of which these persons have the right to dispose personally or together with other persons;

the participation as the shareholder or the founder (participant) of legal entities with the indication of share in authorized capital and full bank and other details of the specified organizations;

trusts and about the states in which they are registered, with the indication of numbers of the corresponding bank accounts if the person or his spouse (spouse) is a beneficiary of these trusts;

names and requisites of other organizations at which with the person contractual relations, agreements and obligations (including oral) on maintenance or temporary storage of the material and financial means belonging to the person or the spouse (spouse) and exceeding the thousandfold size of a monthly settlement indicator are had.

5. The spouse (spouse) of the person specified in paragraphs 2 and 3 of the present article presents to body of state revenues at the place of residence the financial disclosure statement, being subject to the taxation and being both in the territory of the Republic of Kazakhstan, and beyond her limits.

6. Members of the family of the person who is the candidate for service for special public authority present to body of state revenues at the place of residence the declaration and data specified in paragraph 4 of the present article.

Note. Under members of the family of the person who is the candidate for service for special public authority the spouse (spouse), full age children and persons which are in his dependence and who are constantly living with him admit the present point.

7. The persons specified in paragraphs 1 and 2 of the present article present respectively to body in which for holding the post they apply, or in the place of work the reference from body of state revenues on obtaining by him the declarations and data listed in paragraphs 1 or 5 of the present article.

8. Non-presentation or submission of the incomplete, doubtful declarations and data listed in the present article, the persons specified in paragraphs 1 and 2 of the present article (except for the persons dismissed from public service for negative motives) if the deeds don't contain signs of penal act, is the basis for refusal in investment of the person with appropriate authority or attracts disciplinary responsibility in the order provided by the law.

9. The acts specified in paragraph 8 of the present article perfect it is deliberate and also made repeatedly, attract the administrative responsibility imposed in the order established by the law.

10. The acts specified in paragraph 8 of the present article perfect for the first time within three years after release of persons from performance of the state or equated to them functions and also repeated commission of such actions attract the administrative responsibility established by the law.

11. In the order established by the legislation data on the sizes and on sources of income of the officials holding responsible state positions and also data on the income of candidates for elective state offices at their promotion can be published.

12. The conclusion of civil transactions not under the name – on figureheads, anonymously, under a pseudonym and others is forbidden to the persons authorized for performance of the state functions, and the persons equated to them. These transactions are recognized as invalid the order established by the law.

13. Natural and legal entities which participate in performance of functions on management of the state property represent as it should be and the terms established by the Government of the Republic of Kazakhstan, reports on all transactions of property character and financial activity connected with state ownership in the public authority which is carrying out concerning the state property of competence of the owner.

14. The data coming to bodies of state revenues provided by the present article are an office secret. Their disclosure if the deeds don't contain signs of penal act, attracts dismissal of the perpetrator. These data are submitted only by inquiries of authorized body on anti-corruption, bodies of prosecutor's office, national security, internal affairs, state revenues, military police, anti-corruption service, the Border service of Committee of national security of the Republic of Kazakhstan and also in a judicial proceeding, established by the law.

The data which are an office secret are submitted to authorized body on financial monitoring for and an order, the income provided by the legislation of the Republic of Kazakhstan on counteraction of legalization (washing) gained in the criminal way and to terrorism financing.

15. The measures of financial control provided by the present article don't extend to the legal relationship connected with acquisition in the property of dwellings and construction materials for construction of dwellings in the Republic of Kazakhstan. Financial control at acquisition of dwellings and construction materials for their construction is carried out according to the legislation of the Republic of Kazakhstan".

4. To recognize become invalid the Law of the Republic of Kazakhstan of July 2, 1998 "About fight against corruption" (Sheets of Parliament of the Republic of Kazakhstan, 1998, No. 15, Art. 209; 1999, No. 21, Art. 774; 2000, No. 5, Art. 116; 2001, No. 13-14, Art. 172; No. 17-18, Art. 241; 2002, No. 17, Art. 155; 2003, No. 18, Art. 142; 2004, No. 10, Art. 56; 2007, No. 17, Art. 140; No. 19, Art. 147; 2008, No. 23, Art. 114; 2009, No. 19, Art. 88; No. 24, Art. 122, 126; 2010, No. 24, Art. 148; 2011, No. 1, Art. 2; No. 7, Art. 54; 2012, No. 4, Art. 30, 32; No. 8, Art. 64; No. 13, Art. 91; No. 23-24, Art. 125; 2013, No. 2, Art. 10; No. 14, Art. 72; 2014, No. 11, Art. 61; No. 14, Art. 84; No. 16, Art. 90; No. 21, Art. 122; No. 22, Art. 131; No. 23, Art. 143).

 

 President

Republic of Kazakhstan                               N. Nazarbayev