Article 12. Anti-corruption restrictions The Anti-Corruption Law

Home / RLA / Article 12. Anti-corruption restrictions The Anti-Corruption Law

1. In order to prevent 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 Parliament of the Republic of Kazakhstan or maslikhats, akims of districts, cities of regional significance, cities of district significance, towns, villages, rural districts, as well as in members of elected bodies of local self-government), officials who commit actions that may lead to the use of their powers for personal purposes., for group and other non-official interests, these persons, taking into account the specifics established by Articles 13, 14, 14-1 and 15 of this Law, assume anti-corruption restrictions on:

1) carrying out activities incompatible with the performance of government functions;

2) the inadmissibility of joint service (work) of close relatives, spouses and relatives;

3) the use of official and other information that is not subject to official dissemination in order to obtain or extract property and non-property benefits and advantages;

4) acceptance of material remuneration, gifts or services for actions (inaction) in favor of the persons who provided them, if such actions fall within the official powers of the persons specified in the first paragraph of this paragraph, or these persons, by virtue of their official position, may contribute to such actions (inaction);

5) opening and holding accounts (deposits) in foreign banks located outside the Republic of Kazakhstan, storing cash and valuables in foreign banks located outside the Republic of Kazakhstan.

6) participation in gambling and (or) betting in gambling establishments that fall under the definition provided for by the Law of the Republic of Kazakhstan "On Gambling", as well as participation in gambling and (or) betting in places not designated for this purpose or in gambling and (or) betting conducted through the use of networks telecommunications, including the Internet.

2. Laws regulating the procedure for performing certain State functions may establish other legal norms providing for restrictions aimed at preventing corruption.

3. The consent of the persons specified in the first paragraph of paragraph 1 of this Article to adopt anti-corruption restrictions is recorded by the personnel management services (HR services) of the relevant organizations in writing.

4. Failure to comply with anti-corruption restrictions by the persons specified in the first paragraph of paragraph 1 of this Article shall entail refusal to accept a position or dismissal (dismissal from office, termination of powers), their non-compliance is the basis for dismissal (dismissal from office, termination of powers).

5. Family members of the person indicated in the first paragraph of paragraph 1 of this Article shall not be entitled to receive financial remuneration, gifts or services provided for the actions (inaction) of this person in favor of the persons who provided the financial remuneration, gifts or services, if such actions (inaction) fall within the official powers of this person or he is in by virtue of his official position, he may contribute to such actions (inaction).

Note. In this Law, family members of a person referred to in the first paragraph of paragraph 1 of this Article are understood to mean his spouse, parents, children, including adults, and dependent persons permanently residing with him.

6. Money deposited into the account of the persons specified in the first paragraph of paragraph 1 of this Article and (or) their family members without their knowledge, as well as funds received by them in violation of subparagraph 4) of paragraph 1 and paragraph 5 of this Article, no more than two weeks after their discovery, shall be transferred to the republican budget with the submission of an explanation to the relevant state revenue authority on the circumstances of receipt of such funds.

Gifts received without the knowledge of the persons specified in the first paragraph of paragraph 1 of this Article and (or) their family members, as well as received by them in violation of subparagraph 4) of paragraph 1 and paragraph 5 of this Article, are subject to gratuitous transfer to the authorized body for the management of state property within seven calendar days from the date of receipt of the gift or from the day when the person indicated in the first paragraph of paragraph 1 of this article became aware of the receipt of the gift, and the services rendered to the specified persons under the same circumstances must be paid by transferring money to the republican budget within seven calendar days from the date of rendering the service or from the day when the person indicated in the first paragraph of paragraph 1 of this article became aware of the provision of the service.

A person who has given a gift to the authorized state property management body has the right, with notification to a higher official, to redeem it at a cost determined in accordance with the Law of the Republic of Kazakhstan "On Valuation Activities in the Republic of Kazakhstan", on the basis of a purchase and sale agreement concluded with the authorized state property management body. The proceeds from the sale of gifts are transferred to the republican budget.

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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