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LAW OF THE REPUBLIC OF KAZAKHSTAN

of November 18, 2015 No. 410-V ZRK

About anti-corruption

(as amended on 19-12-2020)

This Law governs the public relations in the field of anti-corruption and is directed to realization of anti-corruption policy of the Republic of Kazakhstan.

Chapter 1. General provisions

Article 1. Explanation of some concepts containing in this Law

The concepts containing in this Law are applied in the following value:

1) administrative functions - the right of management and the order of the property which is on balance of the organization granted in the procedure established by the law of the Republic of Kazakhstan;

1-1) persons holding responsible state position - person holding position which is established by the Constitution of the Republic of Kazakhstan, the constitutional and other laws of the Republic of Kazakhstan for direct execution of functions of the state and powers of state bodies, including the deputy of Parliament of the Republic of Kazakhstan, the judge and are equal person occupying political state position or managerial state position of the case "A" according to the legislation of the Republic of Kazakhstan on public service;

2) the official - person, is permanent, temporary or on special power performing functions of the public agent or performing organizational and administrative or administrative functions in state bodies, local government bodies, and also in Armed Forces, other troops and military forming of the Republic of Kazakhstan;

2-1) person performing managerial functions in the state organization or the subject of the quasi-public sector - person, are permanent, temporary or on special power performing organizational and administrative or administrative functions in the specified organizations;

3) person authorized on accomplishment of the state functions - the government employee according to the laws of the Republic of Kazakhstan on public service, the deputy of maslikhat, and also person who is temporarily fulfilling the duties provided by the state position before appointment it on public service;

4) person equated to persons authorized on accomplishment of the state functions - person elected in local government bodies; the citizen registered in the procedure established by the law of the Republic of Kazakhstan as the candidate for president of the Republic of Kazakhstan, deputies of Parliament of the Republic of Kazakhstan or maslikhats, akims of the cities of district value, settlements, villages, rural districts and also in members of elected body of local self-government; serving, constantly or temporarily working in local government body which compensation is made from means of the government budget of the Republic of Kazakhstan; person performing managerial functions in the state organization or the subject of the quasi-public sector, and also person authorized on decision making on the organization and carrying out purchases, including state, or responsible for selection and the projects implementation financed from means of the government budget and National fund of the Republic of Kazakhstan, holding position not below the head of independent structural division in the specified organizations, employees of National Bank of the Republic of Kazakhstan and its departments; the employees of authorized organization in the field of civil aviation acting according to the legislation of the Republic of Kazakhstan on use of airspace of the Republic of Kazakhstan and activities of aircraft, employees of authorized body on regulation, control and supervision of the financial market and the financial organizations, employees of authorized body on regulation, control and supervision of the financial market and the financial organizations;

5) conflict of interest - contradiction between private interests of persons holding responsible state position, persons authorized on accomplishment of the state functions, persons equated to them, officials and their ex-officio full powers in case of which private interests of specified persons can lead to non-execution and (or) improper execution of the job responsibilities by them;

6) corruption - illegal use by persons holding responsible state position, persons authorized on accomplishment of the state functions, persons equated to persons authorized on accomplishment of the state functions, officials of the ex-officio (office) full powers and the related opportunities for the purpose of obtaining or extraction personally or through intermediaries of the property (non-property) benefits and benefits to themselves or third parties, and equally in bribery of these persons by provision of the benefits and benefits;

7) anti-corruption policy - the legal, administrative and organizational measures directed to decrease in corruption risks, increase in trust of society to activities of state bodies and other measures according to this Law;

8) anti-corruption restrictions - the restrictions established by this Law and directed to the prevention of corruption offenses;

9) anti-corruption - activities of subjects of anti-corruption within the powers according to the prevention of corruption, including on forming of anti-corruption culture in society, to identification and elimination of the reasons and conditions promoting making of corruption offenses and also on identification, suppression, disclosure and investigation of corruption offenses and elimination of their effects;

10) authorized body on anti-corruption - 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;

11) corruption offense - the illegal guilty act (action or failure to act) having corruption signs for which administrative or criminal liability is established by the law;

12) corruption risk - possibility of the reasons and conditions promoting making of corruption offenses;

13) the prevention of corruption - activities of subjects of anti-corruption for studying, identification, restriction and elimination of the reasons and conditions promoting making of corruption offenses by development and deployment of system of preventive measures;

14) organizational and administrative functions - the right granted in the procedure established by the law of the Republic of Kazakhstan to issue the orders and orders obligatory for execution by persons subordinated on service, and also to apply measures of encouragement and authority punishments to subordinates.

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