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Measures preventing corruption offenses under the Law of the Republic of Kazakhstan «About fighting corruption»



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2. Measures preventing corruption offenses under the Law of the Republic of Kazakhstan «About fighting corruption»

In order to prevent (the prevention of) corruption offenses in the Law of the Republic of Kazakhstan fixed the system of legal measures that are required for the implementation and accounting in the process of legislation, the implementation of an activity within the statutory functions, restructuring and reforming the police and special state bodies and agencies public administration in general.


As such measures in the law «About fighting corruption» provides as follows.

1. Legislative establishment (Article 8) of special restrictions, compliance with which is mandatory during the passage of the civil service.


This provision is duplicated in a number of other laws of the Republic of Kazakhstan. For example, the Law of the Republic of Kazakhstan "On state service" civil servant shall not engage in business activities.
Officers authorized to perform state functions and persons equated to them, shall, within one month after the entry to the post in trust the property, which previously belonged to it and used it to produce income.
2. The establishment of financial control measures (Article 9) to the citizens of Kazakhstan, which is a candidate for public office or positions related to the implementation of public or equivalent functions.
Such persons are obliged to submit to the tax authority at the place of residence declaration and income and property subject to taxation, including objects located in a foreign country (for example, real estate in the form of apartments, houses, farms, buildings, etc.), as well as information about All deposits in any currency and securities.

Failure to provide the required information, or submitting false information is grounds for termination of public service for such a public servant.


3. Establishment of special restrictions for officials and other persons authorized to perform state functions and persons equated to them (Article 10).
Thus, the categories of persons named are prohibited from engaging in any other paid activities, except for teaching, scientific and other creative activities. This provision is constitutional and legal basis (Article 79 of claim 4, 3 of Article 52, Article 43 of the Constitution of the Republic of Kazakhstan).
4. Prohibition of the joint services of close relatives or spouse (wife) to officials and other persons authorized to perform state functions and persons equated to them (Article 11).
As close rostvennikov are: parents, children, adoptive parents, adopted children, full and half brothers and sisters, grandparents and grandchildren.

5. Establishment of a list of offenses that create conditions for corruption, and responsibility for them (Article 12).


For such offenses, for example, are recognized: improper interference in the activities of other state bodies, institutions'; demand from individuals or legal entities of information, the provision of which these persons are not provided by the legislation; participation in gambling money or other property-related with higher or lower or being with them in a different, depending on the service or the officials; apparent obstruction of natural or legal persons in the exercise of their rights and legitimate interests, etc. Total provided 15 types of offenses.


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