Article 15-3. Settlement of a real conflict of interest The Anti-Corruption Law
1. The persons specified in paragraph 1 of Article 15 of this Law are obliged to immediately, but not later than two working days from the moment when they became aware of their conflict of interest, notify the persons or services specified in paragraph 2 of Article 15-1 of this Law in writing, while simultaneously notifying their the immediate supervisor (if any), except in cases where the legislation of the Republic of Kazakhstan establishes a different procedure for notification of a conflict of interest.
2. The persons and services specified in paragraph 2 of Article 15-1 of this Law, based on the results of consideration of a notification or other information about a conflict of interest, immediately, but no later than three working days, issue a conclusion on the presence or absence of a real conflict of interest.
In the event of a real conflict of interest, an opinion with recommendations for its resolution shall be submitted to the person authorized to take the measures provided for in paragraph 3 of this article, with simultaneous notification to the person who has a real conflict of interest, his immediate supervisor or other interested parties.
In the absence of a real conflict of interest, the conclusion is submitted to the person who sent the notification of the conflict of interest to his immediate supervisor or other interested parties.
3. The person having the right to make a decision is obliged to immediately, but not later than ten working days from the date of receipt of the conclusion on the existence of a real conflict of interest, to take, within the limits of his competence, any of the following measures to resolve it:
1) assign another employee (employee) to perform the official duties of the employee (employee) on the issue in connection with which a conflict of interest has arisen;
2) change the official powers of an employee (employee) who has a conflict of interest;
3) take other measures provided for by the legislation of the Republic of Kazakhstan and (or) internal acts of a state body, organization or quasi-public sector entity.
4. A person who has a conflict of interest is obliged, as soon as he becomes aware of it, to temporarily suspend the exercise of official powers on the issue related to the conflict of interest, until receiving instructions from the person authorized to take measures provided for in paragraph 3 of this Article, but not more than ten working days.
After the expiration of the period provided for in paragraph 3 of this article, the person who has not received instructions on further actions continues to exercise his official powers on the relevant issue.
5. If it is impossible to resolve a real conflict of interest within the period specified in paragraph 3 of this article, the person who has a real conflict of interest shall be appointed to an equivalent position excluding a conflict of interest no later than three months from the date of receipt of the relevant conclusion, and if such appointment is not possible, this person may be offered another position in the same state an authority, organization, or entity in the quasi-public sector, provided that it meets the established qualification requirements.
In case of refusal of the proposed position, the person who has a real conflict of interest is subject to dismissal or other dismissal from his position, as well as his powers are terminated within the period established by the first part of this paragraph.
6. The first head of a state body, organization, or quasi-public sector entity is obliged to delegate timely powers for objective decision-making on an issue on which he has a conflict of interest to his deputy or another authorized person.
The Law of the Republic of Kazakhstan dated November 18, 2015 No. 410-V SAM.
This Law regulates public relations in the field of combating corruption and is aimed at implementing the anti-corruption policy of the Republic of Kazakhstan.
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Republic of Kazakhstan
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