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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

(In edition of the Order of the Government of the Republic of Kazakhstan of 29.12.2018 No. 930)

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

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.

Encouragement in the form of the one-time monetary reward is established in the following sizes:

1) on administrative cases about corruption offenses - 30 monthly settlement indicators (further - 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.

In cases, stipulated in Item 9 these rules, encouragement in the form of rewarding with the letter or the announcement of gratitude can be established.

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

2. Conditions, bases and procedure for encouragement

4. Assistance in anti-corruption includes the following:

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 is true also concerning the perpetrator:

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

2) the conviction took legal effect;

3) the decree on the termination of criminal case on not rehabilitating bases is issued.

5-1. If based on information of person who reported about the fact of corruption offense or otherwise rendering assistance in anti-corruption, several crimes of various degrees of severity are revealed, payment of the one-time monetary reward is performed for the heaviest of them in the amount of, stipulated in Item 2 these rules.

6. Materials to encouragement are created and go to anti-corruption service the bodies (further - the bodies performing anti-corruption) specified in Article 19 and Item 2 of article 22 of the Law of the Republic of Kazakhstan of November 18, 2015 "About anti-corruption" within fifteen working days from the date of emergence of the right to encouragement and include:

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

2) the copy of the application, the accounting of information registered in the book, the unified register of pre-judicial investigations, and also information on the address of person upon the corruption offense or other documents confirming rendering by person assistance in identification, suppression, disclosure and investigation of corruption offense;

3) copy of the protocol on making of administrative offense or resolution on initiation of proceedings on administrative offense;

4) the copy of the court order about imposing of the administrative punishment which took legal effect;

5) the copy of the protocol of the simplified pre-judicial production, the conviction which took legal effect, or resolutions on the termination of criminal case on not rehabilitating bases;

6) the copy of the identity document, and bank details of personal or other account of person for payment of the one-time monetary reward.

7. The head of anti-corruption service within five working days after intake of materials, stipulated in Item 6 these rules, issues the order on encouragement which is the basis for payment to person of the one-time monetary reward.

8. Payment of the one-time monetary reward is made within fifteen working days from the date of the publication of the order on encouragement by transfer into personal or other account of person.

9. In case of refusal from the one-time monetary reward, person who reported about the fact of corruption offense or otherwise the rendered assistance in anti-corruption, gives to the body performing anti-corruption, the corresponding statement.

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