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Theme 6. The criminal anti-corruption policy of the Republic of Kazakhstan



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Theme 6. The criminal anti-corruption policy of the Republic of Kazakhstan


Plan
1. The concept of corruption and corruption offenses in the modern anti-corruption policy of the Republic of Kazakhstan
2. General criminological characteristics of corruption criminality
3. The classification of corruption crimes



  1. The concept of corruption and

corruption offenses in the modern anti-corruption policy of the Republic of Kazakhstan
Directly in the Criminal Code of the Republic of Kazakhstan (the Criminal Code) the concept of "corruption offenses" is enshrined in Article 3 of claim 29, devoted to clarifying some of the concepts contained in the said Code. But this notion is not definitsiarnogo nature, that is not a source of interpretation, particularly in the literal sense of the word. The above article contains a list of criminal offenses which relate to corruption offenses.

However, it is clear that without such a definition of "corruption" is impossible to understand the essence of the actual criminal anti-corruption policy.


Necessary definition given in the Law "On Combating Corruption" on July 2, 1998 (as amended on April 1, 2011.). According to paragraph 1 of Article 2 of the aforementioned Act, corruption is




defined as "not a statutory decision directly or indirectly property benefits and advantages of persons who perform public functions, as well as persons equated to them, using their official powers and related them opportunities or other use of their powers to obtain property benefit, as well as bribery of such persons by providing them with unlawful persons or entities mentioned benefits and advantages. "

Along with the concept of "corruption" to the criminal anti-corruption policy has the meaning of "corruption offense". The content side of the concept of "corruption offenses" is different from the concept of "corruption" that the offense covers not only the corruption as a fact, but also its attendant phenomena, the actions (or inaction).


RK Law «On Fighting Corruption» contains an independent definition of "corruption offenses". Thus, in accordance with para. 2 of Art. 2 mentioned law offenses related to corruption (corruption offenses) are provided by the Law of RK «On Fighting Corruption», as well as other laws of the acts connected with corruption or creating conditions for corruption, the legislation which entail disciplinary, administrative andcriminal liability.

With respect to the topic is an indication of the value of criminal otvetstennost*. Other responsibilities will be discussed in the appropriate topics below.


The definition of "corruption" contained a number of terms, which also require his explanation. In particular, as the subjects of corruption (ie persons directly committing corruption crimes) named persons performing public functions.
In Sec. 3 of Art. 2 of the Law "On Combating Corruption" discusses the concept is defined as follows:


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