PRESIDENTIAL DECREE OF THE REPUBLIC OF KAZAKHSTAN

of December 29, 2015 No. 155

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 of November 18, 2015 "About anti-corruption" POSTANOVLYAYU:

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

2. This Decree becomes effective since January 1, 2016 and is subject to official publication.

Approved by the Presidential decree of the Republic of Kazakhstan of December 29, 2015 No. 155

Rules of carrying out the external analysis of corruption risks

1. General provisions

1. These rules of carrying out the external analysis of corruption risks (further - Rules) according to Item 2 of article 8 of the Law of the Republic of Kazakhstan "About anti-corruption" 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 (further - subjects of the external analysis of corruption risks).

2. 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.

2. Carrying out the external analysis of corruption risks

3. The basis for carrying out the external analysis of corruption risks is the joint decision of the first heads of authorized body on anti-corruption (further - authorized body) and subject of the external analysis of corruption risks (further - the joint decision), in case of their absence, persons fulfilling their duties or replacement their positions.

4. The joint decision is made on the basis:

1) 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;

2) results of anti-corruption monitoring, including studying of appeals of physical persons and legal entities;

3) initiative address of subject of the external analysis of corruption risks and decision of authorized body on its carrying out.

5. The external analysis of corruption risks is carried out to the period which is not exceeding 30 working days, the working group created by the joint decision.

6. Carrying out the external analysis of corruption risks includes the following stages:

1) collection, generalization and information analysis concerning subject of the external analysis of corruption risks according to the directions, stipulated in Item 8 these rules;

2) creation of the research opinion according to Item 11 of these rules.

7. The authorized body has the right to involve experts and (or) experts of other subjects of anti-corruption in carrying out the external analysis of corruption risks.

8. The external analysis of corruption risks is performed in the following directions:

1) identification of corruption risks in the regulatory legal acts affecting activities of subject of the external analysis of corruption risks;

2) identification of corruption risks in organizational management activity of subject of the external analysis of corruption risks.

9. The organizational management activity of subject of the external analysis of corruption risks according to these rules is understood as questions:

1) personnel managements, including removability of personnel;

2) settlement of conflicting interests;

3) rendering the state services;

4) accomplishment of allowing functions;

5) realization of control and supervising functions;

6) other questions following from organizational management activity of subject of the external analysis of corruption risks.

10. Information sources for carrying out the external analysis of corruption risks are:

1) the regulatory legal acts affecting activities of subject of the external analysis of corruption risks;

2) the information in the directions of the external analysis of corruption risks provided by its object;

3) the data of information systems of the state and law enforcement agencies according to the directions of the external analysis of corruption risks received according to the procedure, established by the legislation of the Republic of Kazakhstan;

4) results of the checks which are earlier carried out by state bodies concerning subject of the external analysis of corruption risks;

5) results of anti-corruption monitoring according to the directions of the external analysis of corruption risks;

6) publications in mass media;

7) appeals of physical persons and legal entities concerning subject of the external analysis of corruption risks;

8) data on identification and accountability of officials of subject of the external analysis of corruption risks for making of corruption offenses;

9) other data which provision is not forbidden by the legislation of the Republic of Kazakhstan.

3. Results of the external analysis of corruption risks

11. By results of the external analysis of corruption risks the research opinion containing prepares:

1) information on the revealed corruption risks;

2) recommendations about elimination of the revealed corruption risks.

12. The research opinion is approved by workgroup members and signed by the officials of authorized body and subject of the external analysis of corruption risks determined in the joint decision.

13. The research opinion is constituted in one copy for authorized body and subject of the external analysis of corruption risks and it is represented to their first heads within three working days after completion of the external analysis of corruption risks.

14. The authorized body within six months from the date of signing of the reference by results of the external analysis of corruption risks carries out execution monitoring by subjects of the external analysis of corruption risks of recommendations about elimination of the reasons and conditions promoting making of the corruption offenses which are taken out by results of the external analysis of corruption risks.

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