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LAW OF THE KYRGYZ REPUBLIC

of August 8, 2012 No. 153

About anti-corruption

(as amended on 18-03-2017)

Accepted by Jogorku Kenesh of the Kyrgyz Republic on June 28, 2012

This Law establishes the basic principles of anti-corruption, legal and organizational basis of the prevention of corruption and fight against it, minimization, mitigations of consequences of corruption offenses, and also is aimed at providing homeland security of the Kyrgyz Republic, protection of the rights and freedoms of citizens and public concerns from the threats following from corruption manifestations.

Article 1. The basic concepts used in this Law

Corruption - the intentional acts consisting in creation of illegal stable relation of one or several officials having powers of authority with individuals or groups for the purpose of illegal receipt of material, any other benefits and benefits and also provision of these benefits and benefits by them to physical persons and legal entities, the societies creating threat to interests or the states.

Anti-corruption - activities of public authorities, local government bodies, institutes of civil society, the organizations and physical persons within their powers:

1) according to the prevention of corruption, including on identification and the subsequent elimination of the reasons of corruption (corruption prevention);

2) on identification, suppression, disclosure and investigation of corruption offenses (fight against corruption);

3) on minimization, mitigation of consequences of corruption offenses;

4) on rendering assistance in identification, the prevention, suppression, disclosure and investigation of corruption offenses.

Article 2. Legal basis of anti-corruption

The legal basis of anti-corruption is constituted by the Constitution of the Kyrgyz Republic, the constitutional laws, this Law and other regulatory legal acts of the Kyrgyz Republic which came in the procedure established by the law into force the international agreements which participant is the Kyrgyz Republic, and also the conventional principles and rules of international law.

Article 3. Basic principles of anti-corruption

Anti-corruption in the Kyrgyz Republic is based on the following basic principles:

1) providing and protection of basic rights and freedoms of man and citizen;

2) legality;

3) publicity and openness of activities of state bodies and local government bodies;

4) inadmissibility of any discrimination, infringement of the rights and freedoms based on origin, floor, races, nationalities, language, religion, political and religious beliefs or on any other conditions and circumstances of personal or public nature;

5) ensuring protection of honor, advantage and goodwill of the personality and citizen;

6) providing legal regulation of activities of system of public authorities, legality and publicity of their activities, state and public control;

7) enhancement of structure of the state apparatus, the office of local government body, personnel work and the procedure of the solution of the questions providing protection of the rights and freedoms, legitimate interests of the government and local government officers;

8) inadmissibility of authority delegation on state regulation and control of business activity to physical persons and legal entities, not authorized to perform such activities;

9) inevitability of responsibility for making of corruption offenses;

10) safety of the citizens rendering assistance in fight against the offenses connected with corruption;

11) mutual cooperation of the Kyrgyz Republic with foreign states, international organizations, institutes of civil society and physical persons.

Article 4. Subjects of corruption offenses

Treat subjects of corruption offenses:

1) the government and local government officers, including persons occupying political, special and highest managerial positions of the public and municipal service and also the Chairman of National Bank of the Kyrgyz Republic and his deputies, board members of National Bank of the Kyrgyz Republic, employees of National Bank of the Kyrgyz Republic who made corruption offenses;

2) heads of organizations, organizations and companies which activities are financed from the state and local budgets or in the authorized capital of which there is the state share (shares) which made corruption offenses, physical persons and legal entities, including their officials and workers, the material and other benefits and benefits illegally providing to government employees and the employee of municipal service, and also members of the tender commissions, members of council on selection of judges.

Article 5. The bodies performing anti-corruption

1. All state bodies and local government bodies, the government and local government officers within the functions and powers shall perform anti-corruption. Heads of state bodies, local government bodies and organizations within the powers provide execution of requirements of this Law and application of the measures provided by this Law. Heads of the ministries, state committees, administrative departments, local government bodies and legal entities irrespective of their patterns of ownership, and also citizens render assistance and necessary assistance to authorized divisions on anti-corruption.

2. Identification, the prevention and suppression of corruption offenses and involvement of persons guilty of their making, to responsibility within the competence are performed by law enforcement agencies.

Article 6. Organizational bases of anti-corruption

1. The president of the Kyrgyz Republic determines the main directions of state policy in the field of anti-corruption.

For the purpose of ensuring coordination of activities of state bodies and local government bodies for realization of state policy in the field of anti-corruption according to the decision of the President of the Kyrgyz Republic advisory advisory bodies as a part of representatives of public authorities, law enforcement agencies, local government bodies and other persons can be created (further - bodies for coordination of activities in the field of anti-corruption).

Decisions of bodies for coordination of activities in the field of anti-corruption are implemented by decisions of the President of the Kyrgyz Republic and the Government of the Kyrgyz Republic.

In case of data acquisition about making of corruption offenses bodies for coordination of activities in the field of anti-corruption report them to the relevant state bodies, authorized to perform such data and to make following the results of check decisions in the procedure established by the law.

2. The Jogorku Kenesh of the Kyrgyz Republic provides consideration and adoption of the laws concerning anti-corruption, and also controls their execution by executive bodies within the powers.

3. The government of the Kyrgyz Republic distributes the main functions and tasks between the executive bodies performing anti-corruption.

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