Article 11. Financial control measures The Anti-Corruption Law

Home / RLA / Article 11. Financial control measures The Anti-Corruption Law

1. In order to implement financial control measures, the persons defined in this article shall submit the following declarations of individuals:

1) declaration of assets and liabilities;

2) declaration of income and property.

2. The declaration of assets and liabilities is submitted by:

1) candidates for President of the Republic of Kazakhstan, deputies of the Parliament of the Republic of Kazakhstan and maslikhats, akims of districts, cities of regional significance, cities of district significance, towns, villages, rural districts, as well as members of elected local government bodies and their spouses – before registering as a candidate;

2) persons who are candidates for a public position or a position related to the performance of state or equivalent functions, and their spouses, with the exception of the persons specified in subparagraph 1) of this paragraph, – until the issuance of an act of an official (body) authorized to appoint to the position, on appointment to the position (according to as of the first day of the month of submission of the declaration).

3. The declaration of income and property is submitted by:

1) persons holding responsible public office and their spouses;

2) persons authorized to perform state functions and their spouses;

3) officials and their spouses;

4) persons equated to persons authorized to perform state functions and their spouses.

4. In case of acquisition during the reporting calendar year of property determined by the tax legislation of the Republic of Kazakhstan, the persons specified in paragraph 3 of this Article in the income and property declaration shall reflect information on the sources of coverage of expenses for the acquisition of said property.

5. The declaration of assets and liabilities is drawn up in accordance with the tax legislation of the Republic of Kazakhstan and is submitted in the form and in the manner determined by the tax legislation of the Republic of Kazakhstan.

6. The income and property declaration is drawn up in accordance with the tax legislation of the Republic of Kazakhstan and is submitted in the form, in the manner and within the time limits determined by the tax legislation of the Republic of Kazakhstan.

7. Information on the submission of declarations of assets and liabilities or declarations of income and property by individuals specified in paragraphs 2 and 3 of this article shall be posted on the official Internet resource of the state body responsible for ensuring tax revenues and other mandatory payments to the budget, in accordance with the procedure established by the tax legislation of the Republic of Kazakhstan.

8. Failure to provide information or submission of false information in the declaration of assets and obligations by the persons specified in subparagraph 1) of paragraph 2 of this Article, if the deed does not contain signs of a criminally punishable act, is the basis for refusal of registration or cancellation of registration decisions.

Failure to submit a declaration of assets and liabilities and (or) a declaration of income and property, or submission of incomplete, unreliable information in such declarations, if the act does not contain signs of a criminal offense:

by the persons specified in subparagraph 2) of paragraph 2 of this Article, – is the basis for refusing to grant the appropriate authority to the person.;

by the persons specified in paragraph 3 of this Article, – entails liability provided for by the Code of the Republic of Kazakhstan on Administrative Offenses.

9. The information reflected in the declarations of individuals submitted by the following persons and their spouses is subject to publication no later than December 31 of the year following the reporting calendar year.:

1) holding political government positions;

2) holding administrative government positions in the "A" building;

3) deputies of the Parliament of the Republic of Kazakhstan;

3-1) Commissioner for Human Rights in the Republic of Kazakhstan;

4) judges of the Republic of Kazakhstan;

5) persons performing managerial functions in quasi-public sector entities.

The list of information to be published is determined by the authorized anti-corruption body.

The information specified in the second part of this paragraph is posted by the personnel management services of state bodies, organizations, the Parliament of the Republic of Kazakhstan and the Supreme Court of the Republic of Kazakhstan on their official Internet resources.

10. The requirements of paragraph 7 and sub-paragraphs 1) and 2) of paragraph 9 of this article do not apply to information constituting state secrets.

11. Individuals and legal entities that participate in the performance of state property management functions shall submit, in accordance with the procedure and terms established by the authorized body for state property management, reports on all property transactions and financial activities related to state property to the state body exercising the powers of the owner in relation to state property.

12. The information provided for in this article submitted to the state revenue authorities is a legally protected secret in accordance with the legislation of the Republic of Kazakhstan. Their disclosure entails liability in accordance with the laws of the Republic of Kazakhstan.

13. Information constituting official and tax secrets is submitted to the authorized financial monitoring body for the purposes and in accordance with the procedure provided for by the Law of the Republic of Kazakhstan "On Countering the Legalization (Laundering) of Proceeds from Crime, financing of terrorism and financing the proliferation of weapons of Mass Destruction."

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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