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

of September 29, 2023 No. 307

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 "About anti-corruption" I ORDER:

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

2. To provide to service 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) after its official publication.

3. 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).

4. This order becomes effective after ten calendar days after day of its first official publication.

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

A. Zhumagali

Approved by the Order of the Chairman of the Agency of the Republic of Kazakhstan on anti-corruption (Anti-corruption service) of September 29, 2023 No. 307

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 "About anti-corruption" (further – the Law) 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.

2. In these rules the following concepts are used:

1) corruption risk – possibility of the reasons and conditions promoting making of corruption offenses;

2) subject of the external analysis of corruption risks – state body and (or) its department, the state organization, the subject of the quasi-public sector which activities are subject to the external analysis of corruption risks;

3) authorized body on anti-corruption (further – authorized body) – the state body enabling forming and the realization of anti-corruption policy of the Republic of Kazakhstan and coordination in the field of anti-corruption and also the prevention, identification, suppression, disclosure and investigation of corruption offenses, and its territorial subdivisions;

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

3. 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

4. The basis for carrying out the external analysis of corruption risks is the joint decision of the first heads of authorized body and subject of the external analysis of corruption risks (further – the joint decision), in case of their lack of the faces fulfilling their duties or replacement their positions.

5. The joint decision is made on the basis:

1) results of anti-corruption monitoring;

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;

4) results of social research.

6. According to subitems 1), 3) and 4) of Item 5 of these rules the authorized body informs subject of the external analysis of corruption risks on need of carrying out the external analysis of corruption risks.

According to the subitem 2) of Item 5 of these rules subject of the external analysis of corruption risks informs authorized body on need of carrying out the external analysis of corruption risks.

The joint decision according to subitems 1), 2) and 4) of Item 5 of these rules on carrying out the external analysis of corruption risks is accepted no later than 10 working days from the moment of initiation of the external analysis of corruption risks by authorized body or subject of the external analysis of corruption risks in time.

The external analysis of corruption risks based on the subitem 3) of Item 5 of these rules is carried out without fail, the joint decision on carrying out the external analysis of corruption risks is made no later than 3 working days from the moment of receipt of the order in time.

In case of refusal in carrying out the external analysis of corruption risks according to subitems 1), 2) and 4) of Item 5 of these rules in time, the specified regarding thirds of this Item, authorized body or subject of the external analysis of corruption risks represent it to the initiator motivated reasons for causes of failure, with possibility of transfer of term of its carrying out.

In case of elimination of causes of failure, the authorized body or subject of the external analysis of corruption risks has the right to initiate repeatedly carrying out the external analysis of corruption risks.

7. The decision on carrying out the external analysis of corruption risks contains the following information:

1) the name of division which activities are subject to the external analysis of corruption risks;

2) structure of the working group which carries out the external analysis of corruption risks;

3) term of carrying out the external analysis of corruption risks;

4) the period covered by the external analysis of corruption risks;

5) about officials from authorized body and subject of the external analysis of corruption risks to whom the management, coordination and responsibility for carrying out the external analysis of corruption risks and results of work is assigned.

In case of adoption of the joint decision on carrying out the external analysis of corruption risks subject of the external analysis of corruption risks and authorized body approve the register of the directions which are subject to the external analysis of corruption risks in form, according to appendix 1 to these rules.

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