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PRESIDENTIAL DECREE OF THE REPUBLIC OF KAZAKHSTAN

of July 28, 2022 No. 970

About some questions of the Agency of the Republic of Kazakhstan on anti-corruption (Anti-corruption service)

I DECIDE:

1. Reorganize:

1) republican public institution "Department of the Agency of the Republic of Kazakhstan on anti-corruption (Anti-corruption service) across the East Kazakhstan region" by allocation from it republican public institution "Department of the Agency of the Republic of Kazakhstan on anti-corruption (Anti-corruption service) on the area Abay";

2) republican public institution "Department of the Agency of the Republic of Kazakhstan on anti-corruption (Anti-corruption service) across Almaty region" by allocation from it republican public institution "Department of the Agency of the Republic of Kazakhstan on anti-corruption (Anti-corruption service) on Zhet_su's area";

3) republican public institution "Department of the Agency of the Republic of Kazakhstan on anti-corruption (Anti-corruption service) across the Karaganda region" by allocation from it republican public institution "Department of the Agency of the Republic of Kazakhstan on anti-corruption (Anti-corruption service) on Ulytau's area".

2. Bring in the Presidential decree of the Republic of Kazakhstan of July 22, 2019 No. 74 "About some questions of the Agency of the Republic of Kazakhstan for public service and anti-corruption Agency of the Republic of Kazakhstan (Anti-corruption service)" the following change:

To be reworded as follows the regulations on the Agency of the Republic of Kazakhstan on anti-corruption (Anti-corruption service) approved by the above-named Decree according to appendix to this Decree.

3. To anti-corruption agency of the Republic of Kazakhstan (Anti-corruption service) in the procedure established by the legislation of the Republic of Kazakhstan to take the measures following from this Decree.

4. This Decree becomes effective from the date of its signing.

President of the Republic of Kazakhstan

K. Tokayev

Appendix

to the Presidential decree of the Republic of Kazakhstan of July 28, 2022 No. 970

Approved by the Presidential decree of the Republic of Kazakhstan of July 22, 2019 No. 74

Regulations on the Agency of the Republic of Kazakhstan on anti-corruption (Anti-corruption service)

Chapter 1. General provisions

1. The anti-corruption agency of the Republic of Kazakhstan (Anti-corruption service) (further – the Agency) is state body, directly subordinate and accountable to the President of the Republic of Kazakhstan, enabling forming and the realization of anti-corruption policy of the Republic of Kazakhstan and coordination in the sphere of anti-corruption, and also the prevention, identification, suppression, disclosure and investigation of corruption offenses.

2. The agency has territorial authorities in areas, the cities of republican value, the capital.

3. The agency performs the activities according to the Constitution and the laws of the Republic of Kazakhstan, acts of the President and the Government of the Republic of Kazakhstan, other regulatory legal acts of the Republic of Kazakhstan, and also this Provision.

4. The agency is legal entity in form of business of public institution, has symbols and distinctions, seals with the image of the State Emblem of the Republic of Kazakhstan and stamps with the name in the Kazakh and Russian languages, forms of the established sample, accounts in bodies of treasury according to the legislation of the Republic of Kazakhstan.

5. The agency enters the civil relations from own name.

6. The agency has the right to act as the party of the civil relations on behalf of the state if it is authorized on it according to the legislation of the Republic of Kazakhstan.

7. The agency concerning the competence of the procedure established by the legislation of the Republic of Kazakhstan makes the decisions which are drawn up by orders of the chairman of the Agency and other acts, stipulated by the legislation the Republic of Kazakhstan.

8. The structure and the general number of staff of the Agency affirm the President of the Republic of Kazakhstan on representation of the chairman of the Agency.

9. Agency location: 010000, Nour-Sultan's city, area Baikonur, Ulitsa Seyfullina, 37.

10. This Provision is the constituent document of the Agency.

11. Financing of activities of the Agency is performed from the republican budget according to the legislation of the Republic of Kazakhstan.

12. The agency is forbidden to enter contractual relations with subjects of entrepreneurship regarding accomplishment of the obligations which are powers of the Agency.

If the Agency by legal acts is granted the right to perform the activities which are bringing in incomes, then the gained income goes to the government budget if other is not established by the legislation of the Republic of Kazakhstan.

Chapter 2. Tasks and powers of the Agency

13. Tasks:

1) forming and realization of anti-corruption policy of the Republic of Kazakhstan;

2) forming in the society of the atmosphere of intolerance to corruption;

3) identification of the conditions and reasons promoting making of corruption offenses and elimination of their consequences;

4) strengthening of interaction of subjects of anti-corruption;

5) development of international cooperation in anti-corruption;

6) identification, suppression, disclosure and investigation of corruption offenses.

14. Powers:

1) rights:

make to the President of the Republic of Kazakhstan offers on enhancement of measures of anti-corruption;

request and receive from state bodies, the organizations, officials necessary information and materials, including from information resources, according to the procedure, established by the legislation of the Republic of Kazakhstan;

involve experts and (or) experts of other subjects of anti-corruption in carrying out the external analysis of corruption risks;

carry out the analysis of practice of operational search and investigative activities, pre-judicial investigation for corruption crimes;

on the criminal cases which are available in production to subject to the drive of persons evading from appearance on challenge;

withdraw 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;

use temporary detention centers, pre-trial detention centers according to the procedure, stipulated by the legislation the Republic of Kazakhstan;

bring to the state bodies, the organizations or persons performing in them managerial functions, representations on elimination of the circumstances promoting making of criminal offense and other violations of the law, according to the procedure, established by the criminal procedure legislation of the Republic of Kazakhstan;

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