As you know, our country has taken a course towards joining the thirty most developed countries in the world.
This requires systematic work in a variety of directions.
From the first days of state independence, Kazakhstan has purposefully and gradually followed the course of creating effective institutions and mechanisms to combat corruption that meet international standards.
The Anti-Corruption Strategy for 2015-2025 was adopted. For the first time, it outlines the tasks of creating an anti-corruption culture. The main priority in our work is the prevention of corruption.
The adopted new Law "On Combating Corruption" also reflects the preventive emphasis of the work.
World practice, the experience of leading and most developed countries shows that success is possible if we all, as a single organism, resist corruption.
There is a simple Kazakh truth " The load lifted by joint efforts is light."
After all, we all understand that it is possible to achieve fundamental changes and improvements in the values of anti-corruption culture in society only with the participation of all of us.
The concept of anti-corruption policy of the Republic of Kazakhstan for 2022 - 2026
Approved by Decree of the President of the Republic of Kazakhstan on February 2, 2022 No. 802.
The Action Plan provides for a specific list of measures to implement the provisions of the Concept aimed at solving the following tasks:
1) formation of intolerance to corruption;
2) elimination of corruption opportunities;
3) improvement of measures to ensure the inevitability of responsibility;
4) strengthening the role of civil society in combating corruption;
5) ensuring effective monitoring of the implementation of anti-corruption measures;
6) further improvement of the activities of the authorized anti-corruption body.
From the first days of state independence, Kazakhstan has purposefully and gradually followed the course of creating effective institutions and mechanisms to combat corruption that meet international standards.
The criminal law policy ensures strict responsibility of officials for committing corruption crimes.
This principled approach is implemented in the new Criminal Code. Thus, the statute of limitations will not apply to persons who have committed corruption crimes, a ban on probation has been established, and a lifelong ban on the right to hold positions in the public service has been introduced.
Anti-corruption legislation is supplemented by norms on the confiscation of property obtained by criminal means, personal responsibility of managers for combating corruption.
- As a result of corruption acts, illegal extraction of material and intangible benefits occurs, which results in undermining the interests of society and reducing the authority of state power.
Therefore, the state will continue to take all measures and create conditions under which the use of official powers for selfish purposes will be unprofitable and impossible.
One of the important such measures will be the declaration by civil servants not only of their income, but also of expenses. In the future, such a declaration will be extended to the entire population, which will have a positive impact on the observance of the rule of law and ensuring transparency in the civil service system.
On combating corruption
Law of the Republic of Kazakhstan dated November 18, 2015 No. 410-V KRZ (LRK).
Criminal liability and punishment for corruption crimes are provided for by the Criminal Code of the Republic of Kazakhstan, administrative liability and recovery for administrative corruption offenses - the Code of the Republic of Kazakhstan on administrative offenses.
Anti-corruption restrictions
2) inadmissibility of joint service (work) of close relatives, spouses and relatives (Note. In this Law, close relatives mean parents (parent), children, adoptive parent (adoptive parents), adopted children (adopted boys. girls), full and half-siblings brothers and sisters, grandfather, grandmother, grandchildren, under the peculiarities - brothers, sisters, parents and children of the spouse (spouses).
4) acceptance of gifts in connection with the performance of official powers.
Criminal Code Article 366. Taking a bribe
1. Receipt by a person authorized to perform state functions, or a person equivalent to him, or a person holding a responsible state position, or an official, as well as an official of a foreign state or international organization personally or through an intermediary of a bribe in the form of money, securities, other property, the right to property or property benefits for himself or others for actions (inaction) in favor of the bribe giver or persons represented by him, if such actions (inaction) is included in the official powers of this person, or by virtue of his official position he can contribute to such actions (inaction), as well as for general patronage or connivance -
is punishable by a fine in the amount of fifty times the amount of a bribe or imprisonment for up to five years, with confiscation of property, with life deprivation of the right to hold certain positions or engage in certain activities.
2. The same act committed in a significant amount, as well as receiving a bribe for illegal actions (inaction) -
is punishable by a fine in the amount of sixty times the amount of a bribe or imprisonment for a term of three to seven years, with confiscation of property, with life deprivation of the right to hold certain positions or engage in certain activities.
3. Acts provided for in parts one or two of this article, if committed:
1) by extortion;
2) by a group of persons by prior conspiracy;
3) on a large scale;
4) repeatedly, -
is punishable by a fine in the amount of seventy times the amount of a bribe or imprisonment for a term of seven to twelve years, with confiscation of property, with life deprivation of the right to hold certain positions or engage in certain activities.
4. The acts provided for in parts one, two or three of this article, if they are committed by a criminal group, as well as on an especially large scale, -
is punishable by a fine in the amount of eighty times the amount of a bribe or imprisonment for a term of ten to fifteen years, with confiscation of property, with life deprivation of the right to hold certain positions or engage in certain activities.
Note: It is not a crime due to insignificance and is prosecuted in a disciplinary or administrative manner for the first time by a person specified in part one of this article to receive property, the right to property or other property benefits as a gift in the absence of a preliminary agreement for previously committed legal actions (inaction), if the value of the gift did not exceed two monthly calculation indicators.
Article 367. Giving a bribe
1. Giving a bribe to a person authorized to perform state functions, or to a person equivalent to him, or to a person holding a responsible state position, or to an official, as well as to an official of a foreign state or international organization personally or through an intermediary -
is punishable by a fine in the amount of twenty times the amount of a bribe or imprisonment for up to three years, with or without confiscation of property, with life deprivation of the right to hold certain positions or engage in certain activities.
2. The same act committed in a significant amount, -
is punishable by a fine in the amount of thirty times the amount of a bribe or imprisonment for up to five years, with or without confiscation of property, with life deprivation of the right to hold certain positions or engage in certain activities.
3. the acts provided for in parts one or two of this article, if committed:
1) by a group of persons by prior conspiracy;
2) on a large scale;
3) repeatedly, -
is punishable by a fine in the amount of forty times the amount of a bribe or imprisonment for a term of seven to twelve years, with confiscation of property, with life deprivation of the right to hold certain positions or engage in certain activities.
4. Acts provided for in parts one, two or three of this article, if they are committed on an especially large scale or by a criminal group, -
is punishable by a fine in the amount of fifty times the amount of a bribe or imprisonment for a term of ten to fifteen years, with confiscation of property, with life deprivation of the right to hold certain positions or engage in certain activities.
Notes.
1. Transfer for the first time to the person specified in the first part of Article 366 of this Code for previously committed legal actions (inaction) of a gift in the amount or value not exceeding two monthly calculation indicators, if the actions (inaction) committed by this person were not due to a preliminary agreement, does not entail criminal liability.
2. A person who has given a bribe is exempted from criminal liability if there was an extortion of a bribe by a person specified in part one of Article 366 of this Code, or if this person voluntarily informed a law enforcement or special state body about the bribe.
Article 368. Mediation in bribery
1. Mediation in bribery, that is, assisting the bribe taker and the bribe taker in reaching or implementing an agreement between them on receiving and giving a bribe, -
is punishable by a fine in the amount of ten times the amount of a bribe or imprisonment for up to two years, with or without confiscation of property, with life deprivation of the right to hold certain positions or engage in certain activities.
2. The same act committed repeatedly either by a criminal group or by a person using his official position, -
is punishable by a fine in the amount of twenty times the amount of a bribe or imprisonment for up to six years, with confiscation of property, with life deprivation of the right to hold certain positions or engage in certain activities.