THE ORDER OF THE CHAIRMAN OF THE AGENCY OF THE REPUBLIC OF KAZAKHSTAN ON ANTI-CORRUPTION (ANTI-CORRUPTION SERVICE)

of January 28, 2020 No. 22

About approval of Rules of carrying out anti-corruption monitoring

According to the subitem 3) Item 1 of article 21 of the Law of the Republic of Kazakhstan "About anti-corruption" PRIKAZYVAYU:

1. Approve the enclosed Rules of carrying out anti-corruption monitoring.

2. Declare invalid the order of the Chairman of the Agency of the Republic of Kazakhstan for public service and to anti-corruption of October 19, 2016 No. 13 "About approval of Rules of carrying out anti-corruption monitoring" (it is registered in the Register of state registration of regulatory legal acts for No. 14431, it is published on December 6, 2016 in information system of law of Ad_let).

3. To provide to department of prevention of the Agency of the Republic of Kazakhstan on anti-corruption (Anti-corruption service) in the procedure established by the legislation:

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) placement of this order on Internet resource of the Agency of the Republic of Kazakhstan on anti-corruption (Anti-corruption service).

4. To impose control of execution of this order on the First Deputy Chairman of the Agency of the Republic of Kazakhstan on anti-corruption (Anti-corruption service).

5. This order becomes effective from the date of its first official publication.

Approved by the Order of the Chairman of the Agency of the Republic of Kazakhstan on anti-corruption (Anti-corruption service) of January 28, 2020 No. 22

Rules of carrying out anti-corruption monitoring

Chapter 1. General provisions

1. These rules of carrying out anti-corruption monitoring (further - Rules) are developed according to the subitem 3) of Item 1 of article 21 of the Law of the Republic of Kazakhstan "About anti-corruption" and determine procedure for carrying out anti-corruption monitoring by subjects of anti-corruption.

2. Anti-corruption monitoring is carried out by authorized body on anti-corruption (further - authorized body), its territorial subdivisions and other subjects of anti-corruption.

3. Other subjects of anti-corruption - state bodies, subjects of the quasi-public sector, public associations, and also other physical persons and legal entities.

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

5. Action of these rules does not extend to activities of special state bodies.

6. Subject of anti-corruption monitoring is information concerning efficiency of anti-corruption policy, condition of law-enforcement practice in the sphere of anti-corruption, and also perception and assessment of level of corruption by society.

7. Sources for carrying out anti-corruption monitoring are:

1) data of bodies of legal statistics;

2) appeals of physical persons and legal entities concerning anti-corruption;

3) data of the non-governmental and international organizations;

4) data of sociological polls concerning anti-corruption;

5) publications in mass media;

6) other information sources which are not forbidden by the law.

Chapter 2. Procedure for carrying out anti-corruption monitoring

8. Anti-corruption monitoring is carried out by collection, processing, generalization, the analysis and assessment of information specified in Item 7 of these rules.

9. Anti-corruption monitoring is divided into the following types:

1) complex;

2) thematic.

10. Complex anti-corruption monitoring is carried out by authorized body and its territorial subdivisions.

When carrying out complex anti-corruption monitoring law-enforcement practice concerning anti-corruption in various fields of activity, including activities of two and more state bodies, organizations and/or subjects of the quasi-public sector is estimated.

Tasks of complex anti-corruption monitoring are:

1) determination of fields of activity, the most subject to corruption manifestations;

2) efficiency evaluation of the anti-corruption measures taken by state bodies, the organizations, subjects of the quasi-public sector;

3) analysis of perception and assessment of level of corruption by society.

11. Thematic anti-corruption monitoring is carried out by authorized body, its territorial subdivisions and other subjects of anti-corruption.

When carrying out thematic anti-corruption monitoring law-enforcement practice concerning anti-corruption in certain field of activity, specific state body, the organization or the subject of the quasi-public sector is estimated.

Task of thematic anti-corruption monitoring is studying of the problematic issues promoting manifestations of corruption in certain sphere, specific state body, the organization or the subject of the quasi-public sector.

12. If necessary the decision of the head of authorized body or its territorial subdivision creates working group for carrying out anti-corruption monitoring with involvement of representatives of the public and expert community (in coordination).

13. The authorized body and its territorial subdivisions carry out anti-corruption monitoring to the following terms:

1) complex anti-corruption monitoring - at least once a year;

2) thematic anti-corruption monitoring - on permanent basis.

14. Other subjects of anti-corruption carry out thematic anti-corruption monitoring on own initiative, at any time in the following procedure:

1) collection and generalization from open sources of information, stipulated in Item 7 these rules;

2) studying and analysis of collected information;

3) determination of the problematic issues promoting manifestations of corruption in certain field of activity, specific state body, the organization or the subject of the quasi-public sector;

4) forming of result of anti-corruption monitoring with development of offers on increase in efficiency of activities of state bodies, the organizations and/or subjects of the quasi-public sector on anti-corruption.

Chapter 3. Results of anti-corruption monitoring

15. Following the results of complex and thematic anti-corruption monitoring the analytical report in form, according to appendix to these rules, reflecting results of anti-corruption monitoring and the decision according to Item 16 of these rules is created.

16. By results of anti-corruption monitoring the decision which includes is created:

1) efficiency evaluation of anti-corruption measures and offer on increase in efficiency of activities of state bodies, organizations and/or subjects of the quasi-public sector on anti-corruption;

2) recommendations of carrying out the analysis of corruption risks in activities of state bodies, organizations and/or subjects of the quasi-public sector.

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