I. O'S ORDER. ATTORNEY-GENERAL OF THE REPUBLIC OF KAZAKHSTAN

of February 20, 2015 No. 36

About approval of the Instruction for accounting of persons brought to disciplinary responsibility for making of corruption offenses

For the purpose of enhancement and development of the state legal statistical system, and also statistical providing the Laws of the Republic of Kazakhstan of July 2, 1998 "About fight against corruption" and of July 23, 1999 "About public service", being guided by subitem 4-1) of article 11 of the Law of the Republic of Kazakhstan "About Prosecutor's office", PRIKAZYVAYU:

1. Approve the Instruction for accounting of persons brought to disciplinary responsibility for making of corruption offenses according to appendix 1 to this order.

2. To provide to the interested subjects of legal statistics and special accounting proper execution of this order.

3. Recognize invalid orders of the Attorney-General of the Republic of Kazakhstan according to appendix 2 to this order.

4. To committee on legal statistics and special accounting of the Prosecutor General's Office of the Republic of Kazakhstan (further - Committee):

1) to provide state registration of this order in the Ministry of Justice of the Republic of Kazakhstan and its official publication;

2) to send this order to the interested subjects of legal statistics and special accounting, and also territorial authorities of Committee for execution.

5. To impose control of execution of this order on the Chairman of Committee.

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

Appendix 1

to the Order of the deputy. The Attorney-General of the Republic of Kazakhstan of February 20, 2015 No. 36

The instruction for accounting of persons brought to disciplinary responsibility for making of corruption offenses

1. General provisions

1. This Instruction establishes accounting of persons brought to disciplinary responsibility for making of the corruption offenses and offenses creating conditions for corruption (further - accounting of persons who made corruption offenses).

2. Accounting of persons who made corruption offenses is performed by Committee on legal statistics and special accounting of the Prosecutor General's Office of the Republic of Kazakhstan (further - Committee) by maintaining databank for the purpose of statistical providing the Laws of the Republic of Kazakhstan of July 2, 1998 "About fight against corruption" (further - the Law) and of July 23, 1999 "About public service", the analysis of condition of fight against corruption offenses.

3. The subjects of legal statistics and special accounting providing execution of requirements of the Law and application of the disciplinary actions provided in it within the powers timely submit information and accounting documents to the territorial administrations of Committee (further - territorial administrations) exercising control of observance of requirements of this Instruction.

4. Persons authorized on the accomplishments of the state functions, and also the faces equated to them, which made the corruption offenses and offenses creating conditions for corruption are subject to accounting.

5. Deputies of maslikhats, all government employees according to the legislation of the Republic of Kazakhstan on public service treat persons authorized on accomplishment of the state functions.

6. Persons, the elected to the local government bodies, citizens registered in the procedure established by the law as candidates for president of the Republic of Kazakhstan, deputies of Parliament of the Republic of Kazakhstan and maslikhats, and also in the members of elected bodies of local self-government who are serving, constantly or temporarily working in local government bodies which compensation is made from means of the government budget of the Republic of Kazakhstan, persons performing managerial functions in the state organizations and the organizations in which authorized capital the share of the state constitutes more than fifty percent, including in national managing holdings, national holdings, the national companies, national institutes of development which shareholder is the state, their affiliated organizations are equated to persons authorized on accomplishment of the state functions which more than fifty percent of voting shares (shares) belong to them, and also legal entities whose more than fifty percent of voting shares (shares) belong to the specified affiliated organizations, employees of National Bank of the Republic of Kazakhstan and its departments.

2. Maintaining cards of primary accounting

7. The basis for registration of persons who made corruption offenses is the fact of making of the corruption offense and offense creating conditions for corruption and availability of the decision of authorized body on attraction them to disciplinary responsibility according to the provisions of the law by them.

8. The state body (official) who revealed corruption offense by results of consideration of the case (material) exposes the accounting card of persons brought to disciplinary responsibility for making of corruption offenses, forms No. 1-K (further - card), according to appendix 1 to this Instruction in duplicate, with the annex of the copy of the order (decision) on imposing of authority punishment.

At the same time:

1) the state body (official) who revealed offense and the representative on consideration of the case (material) within 3 working days from the moment of receipt of the message on consideration of the case (material) about corruption offense exposes card in the relevant territorial administration;

2) state body (official) who revealed offense, but not the representative for consideration, case (material) goes to body (official), competent to impose authority punishment.

The message on consideration of the case (material) about attraction to disciplinary responsibility for making of corruption offenses in form according to appendix 2 to this Instruction with the annex of the copy of the order (decision) on imposing of authority punishment and the identity document, body (official) who considered case within 3 working days from the date of decision making goes to body (official) who revealed offense.

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