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ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of December 4, 2017 No. 806

About approval of Rules of carrying out the external analysis of corruption risks

According to Item 2 of article 8 of the Law of the Republic of Kazakhstan of November 18, 2015 "About anti-corruption" the Government of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed Rules of carrying out the external analysis of corruption risks.

2. This resolution becomes effective from the date of its first official publication.

Prime Minister of the Republic of Kazakhstan

B. Sagintayev

Approved by the Order of the Government of the Republic of Kazakhstan of December 4, 2017 No. 806

Rules of carrying out the external analysis of corruption risks

Chapter 1. General provisions

1. These rules of carrying out the external analysis of corruption risks (further - Rules) are developed according to Item 2 of article 8 of the Law of the Republic of Kazakhstan of November 18, 2015 "About anti-corruption" and determine procedure for carrying out the external analysis of corruption risks in activities of state bodies and organizations, subjects of the quasi-public sector, except for special state bodies (further - subjects of the external analysis of corruption risks).

2. Action of these rules does not extend to the relations in spheres:

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

2) pre-judicial production on criminal cases;

3) productions on cases on administrative offenses;

4) justice;

5) operational search activities;

6) criminal and executive activities;

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

Chapter 2. Carrying out the external analysis of corruption risks

3. The basis for carrying out the external analysis of corruption risks is the joint decision of the first heads of authorized body on anti-corruption (further - authorized body) and subject of the external analysis of corruption risks about carrying out the external analysis of corruption risks in activities of state bodies and organizations, subjects of the quasi-public sector (further - the joint decision), in case of their lack of the faces fulfilling their duties or replacement their positions.

4. The joint decision is made on the basis:

1) results of anti-corruption monitoring, including studying of appeals of physical persons and legal entities;

2) initiative address of subject of the external analysis of corruption risks and decision of authorized body on its carrying out;

3) orders of the President of the Republic of Kazakhstan, the Prime Minister of the Republic of Kazakhstan, Administration of the President of the Republic of Kazakhstan, decisions and recommendations of advisory advisory bodies in case of the President of the Republic of Kazakhstan.

5. The external analysis of corruption risks is carried out to the period which is not exceeding 30 working days, the working group created by the joint decision of the first heads of authorized body and subject of the external analysis of corruption risks.

6. Carrying out the external analysis of corruption risks includes the following stages:

1) collection, generalization and information analysis concerning subject of the external analysis of corruption risks according to the directions, stipulated in Item 7 these rules;

2) creation, coordination and signing of the research opinion according to Items 10, 11, 12 these rules.

7. The external analysis of corruption risks is performed in the following directions:

1) identification of corruption risks in the regulatory legal acts affecting activities of subject of the external analysis of corruption risks;

2) identification of corruption risks in organizational management activity of subject of the external analysis of corruption risks.

8. Identification of corruption risks in organizational management activity of subject of the external analysis includes studying of the following questions:

1) personnel management;

2) settlement of conflicting interests;

3) rendering the state services;

4) accomplishment of allowing functions;

5) realization of control and supervising functions;

6) other questions following from organizational management activity of subject of the external analysis of corruption risks.

9. Information sources for carrying out the external analysis of corruption risks are:

1) the regulatory legal acts affecting activities of subject of the external analysis of corruption risks;

2) the information in the directions of the external analysis of corruption risks provided by its object;

3) the data of information systems of the state and law enforcement agencies according to the directions of the external analysis of corruption risks received according to the procedure, established by the legislation of the Republic of Kazakhstan;

4) results of the checks which are earlier carried out by state bodies concerning subject of the external analysis of corruption risks;

5) results of anti-corruption monitoring according to the directions of the external analysis of corruption risks;

6) publications in mass media;

7) appeals of physical persons and legal entities concerning subject of the external analysis of corruption risks;

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