Article 1. Explanation of some concepts contained in this Law of the Law on Combating Corruption

Home / Laws / Article 1. Explanation of some concepts contained in this Law of the Law on Combating Corruption

The concepts contained in this Law are applied in the following meaning:

1) administrative and economic functions – the right to manage and dispose of property on the balance sheet of an organization provided in accordance with the procedure established by the law of the Republic of Kazakhstan;

1-1) a person holding a responsible government position, – a person holding a position established by the Constitution of the Republic of Kazakhstan, constitutional and other laws of the Republic of Kazakhstan for the direct performance of state functions and the powers of state bodies, including a deputy of the Kurultai of the Republic of Kazakhstan, a judge of the Constitutional Court of the Republic of Kazakhstan, a judge Commissioner for Human Rights in the Republic of Kazakhstan, as well as a person holding according to the legislation of the Republic of Kazakhstan on public service, a political public position or an administrative public position of the "A" corps, or an elected government position;

1-2) personal interest – the interest of a person holding a responsible public position, a person authorized to perform public functions, a person equated to persons authorized to perform public functions, an official in acquiring, obtaining or extracting benefits, benefits or advantages of a property and (or) non-property nature for themselves, their close relatives, spouse(s), relatives and (or) other related persons. -Effective effective January 1, 2027 By the Law of the Republic of Kazakhstan on June 12, 2026 No. 311-VIIII SAM

For the purposes of this Law:

The close relatives of the person indicated in the first part of this subparagraph are understood to mean parents (parents), children, adoptive parents (adoptive parents), adopted children, full- and half-siblings, grandparents, grandchildren;

the relatives of the person indicated in the first part of this subparagraph are understood to be full- and half-siblings, parents and children of the spouse; -Effective effective January 1, 2027 By the Law of the Republic of Kazakhstan on June 12, 2026 No. 311-VIIII SAM

other persons related to the person specified in the first part of this subparagraph are understood as:

spouses of adopted children;

spouses and children of full and half siblings;

full and half siblings of parents and their children;

persons who run a joint household with him;

persons who are dependent on him;

ex-spouse (ex-spouse);

a legal entity whose shares (shares of participation in the authorized capital) are owned by the person specified in part one of this subparagraph and (or) his close relatives, spouse, relatives;

a legal entity managed by the person specified in part one of this subparagraph and (or) his close relatives, spouse, relatives - Effective effective January 1, 2027 By the Law of the Republic of Kazakhstan on June 12, 2026 No. 311-VIIII SAM

2) official – a person who permanently, temporarily or by special authority performs the functions of a government representative or performs organizational, administrative or administrative functions in state bodies, local self-government bodies, as well as in the Armed Forces, other troops and military formations of the Republic of Kazakhstan;

2-1) a person performing managerial functions in a state organization or a quasi–public sector entity is a person who permanently, temporarily or by special authority performs organizational, administrative or economic functions in these organizations.;

3) a person authorized to perform public functions is a person in public service, a deputy of the maslikhat, a person temporarily performing duties provided for by a public position before his appointment to public service, as well as a person temporarily appointed to a military position as a military officer under a contract or temporarily performing his duties.;

4) a person equated to persons authorized to perform state functions is a person elected to local government bodies (with the exception of a deputy of the maslikhat); a citizen registered in accordance with the procedure established by the law of the Republic of Kazakhstan as a candidate for President of the Republic of Kazakhstan, deputies of the Kurultai of the Republic of Kazakhstan or maslikhats, akims of cities of regional significance, settlements, villages, rural districts, as well as members of an elected local government body; a member of the territorial election commission exercising his powers on a professional permanent basis, whose remuneration is made from the budget of the Republic of Kazakhstan; an employee permanently or temporarily working in a local government body, whose remuneration is made from the state budget of the Republic of Kazakhstan; a person performing managerial functions in a state organization or quasi-public sector entity, as well as a person authorized to make decisions on the organization and conduct of procurement, including public procurement, or involved in the selection or financing, or implementation, or monitoring of projects and (or) programs funded from the state budget and (or) ; members of collegial bodies involved in the selection of projects and (or) programs funded from the state budget, or involved in making decisions on financing projects and (or) programs from the state budget or providing state support measures to the National Fund of the Republic of Kazakhstan, holding a position not lower than the head of an independent structural unit in these organizations, employees The National Bank of the Republic of Kazakhstan and its departments; employees of the authorized organization for the investigation of aviation accidents and the authorized organization in the field of civil aviation, acting in accordance with the legislation of the Republic of Kazakhstan on the use of the airspace of the Republic of Kazakhstan and aviation activities, employees of the authorized body for regulation, control and supervision of the financial market and financial organizations; employees of the Government for Citizens State Corporation who directly provide public services, or whose official duties are related to the provision of public services, or who have access to personal data of individuals and (or) other information to which access is restricted; persons who carry out technical and author supervision on highways

5) conflict of interest – the contradiction between the personal interests of persons holding a responsible public position, persons authorized to perform public functions, persons equated to them (with the exception of candidates for President of the Republic of Kazakhstan, deputies of the Kurultai of the Republic of Kazakhstan or maslikhats, akims of cities of regional significance, towns, villages, rural districts, as well as members of elected local governments), officials and their official powers, in which the personal interests of these persons lead or may lead to non-fulfillment and (or) improper performance of their official duties. -Effective effective January 1, 2027 By the Law of the Republic of Kazakhstan on June 12, 2026 No. 311-VIIII SAM

Types of conflicts of interest:

A potential conflict of interest is a situation in which the personal interests of a person specified in part one of this subparagraph may conflict with his official powers.;

A real conflict of interest is a situation in which the personal interests of a person specified in part one of this subparagraph conflict with his official powers.;

a conflict of interest is a situation where the personal interests of the person indicated in part one of this subparagraph have come into conflict with his official powers, as a result of which contracts or transactions have been concluded, acts or other decisions have been adopted;";

subparagraph 6) after the words "officials", add the words ", officials of a foreign state or international organization"; -Effective effective January 1, 2027 By the Law of the Republic of Kazakhstan on June 12, 2026 No. 311-VIIII SAM

6) corruption is the illegal use by persons holding a responsible public position, by persons authorized to perform public functions, by persons equated to persons authorized to perform public functions, by officials of their official (official) powers and related opportunities in order to obtain or extract property (non–property) benefits personally or through intermediaries and advantages for themselves or third parties, as well as the bribery of these persons by providing benefits and advantages;

6-1) fight against corruption – activities aimed at detecting, suppressing, uncovering and investigating corruption offenses;

6-2) authorized anti–corruption body - a state body engaged in combating corruption and its territorial bodies;

7) anti–corruption policy - legal, administrative and organizational measures aimed at reducing corruption risks, increasing public confidence in the activities of government agencies, and other measures in accordance with this Law;

8) the authorized body for anti–corruption policy is the central state body responsible for the formation and implementation of the anti-corruption policy of the Republic of Kazakhstan, coordination in the field of combating corruption, minimizing and eliminating the causes and conditions conducive to the commission of corruption offenses, and its territorial divisions;

9) anti–corruption restrictions - restrictions established by this Law and other laws of the Republic of Kazakhstan aimed at preventing corruption offenses;

10) anti–corruption - the activities of anti-corruption entities within their powers to prevent corruption, including the formation of an anti-corruption culture in society, identify and eliminate the causes and conditions conducive to the commission of corruption offenses, as well as to identify, suppress, disclose and investigate corruption offenses and eliminate their consequences;"

11) a corruption offense is an unlawful culpable act (action or omission) that has signs of corruption, for which administrative or criminal liability is established by law.;

12) corruption risk – the possibility of causes and conditions contributing to the commission of corruption offenses;

13) prevention of corruption – the activities of anti-corruption entities aimed at creating an atmosphere of intolerance towards corruption in society, identifying and eliminating the causes and conditions conducive to the commission of corruption offenses, through the development and implementation of a system of preventive measures;

14) organizational and administrative functions – the right granted in accordance with the procedure established by the law of the Republic of Kazakhstan to issue orders and orders binding on subordinates, as well as to apply incentive measures and disciplinary penalties against subordinates;

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.

President

Republic of Kazakhstan

Constitution Law Code Standard Decree Order Decision Resolution Lawyer Almaty Lawyer Legal service Legal advice Civil Criminal Administrative cases Disputes Defense Arbitration Law Company Kazakhstan Law Firm Court Cases