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ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of December 30, 2015 No. 1131

About approval of Rules of encouragement of persons who reported about the fact of corruption offense or otherwise rendering assistance in anti-corruption

(as amended on 04-02-2020)

According to Item 3 of article 24 of the Law of the Republic of Kazakhstan of November 18, 2015 "About anti-corruption" the Government of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed Rules of encouragement of persons who reported about the fact of corruption offense or otherwise rendering assistance in anti-corruption.

2. Declare invalid the order of the Government of the Republic of Kazakhstan of August 23, 2012 No. 1077 "About approval of Rules of encouragement of persons who reported about the fact of corruption offense or otherwise rendering assistance in fight against corruption" (SAPP of the Republic of Kazakhstan, 2012, No. 67, the Art. 955).

3. This resolution becomes effective since January 1, 2016 and is subject to official publication.

Prime Minister of the Republic of Kazakhstan

K. Masimov

Approved by the Order of the Government of the Republic of Kazakhstan of December 30, 2015 No. 1131

Rules of encouragement of persons who reported about the fact of corruption offense or otherwise rendering assistance in anti-corruption

Chapter 1. General provisions

1. These rules of encouragement of persons who reported about the fact of corruption offense or otherwise rendering assistance in anti-corruption (further - Rules), are developed according to Item 3 of article 24 of the Law of the Republic of Kazakhstan of November 18, 2015 "About anti-corruption" and determine procedure for encouragement of persons who reported about the fact of corruption offense or otherwise rendering assistance in anti-corruption.

2. For persons who reported about the fact of corruption offense or otherwise rendering assistance in anti-corruption, the encouragement performed in the form of the one-time monetary reward is established.

On corruption offenses on which the amount of bribe or the caused damage or cost of the provided privileges or the rendered services does not exceed one thousand monthly settlement indicators (further - MRP) or there is no damage, the one-time monetary reward is established in the following sizes:

1) on administrative cases about corruption offenses - 30 MRP;

2) on criminal cases about corruption crimes of small weight - 40 MRP;

3) on criminal cases about corruption crimes of average weight - 50 MRP;

4) on criminal cases about serious corruption crimes - 70 MRP;

5) on criminal cases about especially serious corruption crimes - 100 MRP.

On corruption offenses on which the amount of bribe or the caused damage or cost of the provided privileges or the rendered services exceeds one thousand MRP the one-time monetary reward constitutes ten percent from the amount of bribe or the caused damage, either the provided privileges, or the rendered services, but no more than four thousand MRP.

In cases, stipulated in Item 15 these rules, encouragement in the form of rewarding with the letter or the announcement of gratitude can be established.

In case of determination of the amount of encouragement the monthly settlement indicator operating on the date of entry into force of the acts specified in Item 5 of these rules is applied.

3. Financing of encouragement is made at the expense of means of the republican budget.

Chapter 2. Conditions, bases and procedure for encouragement

4. Assistance in anti-corruption includes:

1) message on the fact of making of corruption offense;

2) submission of information on the location of the searched person who made corruption offense;

3) other assistance mattering afterwards for identification, suppression, disclosure and investigation of corruption offense.

5. Encouragement is performed if information provided by person was true or if other assistance in anti-corruption rendered by person influenced identification, suppression, disclosure and investigation of corruption offense and concerning the perpetrator:

1) the court order about imposing of administrative punishment took legal effect;

2) the conviction took legal effect;

3) the resolution of criminal prosecution authority on the termination of criminal case is approved by the prosecutor, the court order about the termination of criminal case based on Items 3), 4), 9), 10), 11) and 12) of part one of Article 35 or Article 36 of the Code of penal procedure of the Republic of Kazakhstan took legal effect.

6. If based on information of person who reported about the fact of corruption offense or otherwise rendering assistance in anti-corruption, several crimes are revealed:

1) various degrees of severity, payment of the one-time monetary reward is performed for the heaviest of them in the amount of, stipulated in Item 2 these rules;

2) identical severity, payment of the one-time monetary reward is performed once.

7. Authorized body on anti-corruption (further - authorized body) and the bodies specified in Item 2 of article 22 of the Law of the Republic of Kazakhstan of November 18, 2015 "About anti-corruption" (further - the bodies performing anti-corruption), explain to persons who reported about the fact of corruption offense or otherwise rendered assistance in anti-corruption, having the right to encouragement, about procedure for filing of application on encouragement.

8. Person who reported about the fact of corruption offense or otherwise the rendered assistance in anti-corruption to authorized body or the bodies performing anti-corruption after emergence of the right to encouragement addresses to body to which assistance was rendered, with the statement for encouragement and attaches the documents specified in the subitem 5) of Item 9 of these rules.

9. The body performing anti-corruption within fifteen working days from the date of the address of person specified in Item 8 of these rules sends the following documents to authorized body:

1) the petition of the body performing anti-corruption;

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