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

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

АMANAT партиясы және Заң және Құқық адвокаттық кеңсесінің серіктестігі аясында елге тегін заң көмегі көрсетілді

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

1. Persons holding responsible government positions, persons authorized to perform government 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 government bodies), officials taking into account the specifics established by the articles 13, 14, 14-1, 15, 15-1, 15-2, 15-3, 15-4 and 15-5 of this Law, assume anti-corruption restrictions on: -Effective effective January 1, 2027 By the Law of the Republic of Kazakhstan on June 12, 2026 No. 311-VIIII SAM   

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

     2) the inadmissibility of joint service (work) of close relatives, spouses, relatives and (or) other persons related to them

     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 for oneself and (or) others;

4) acceptance of material remuneration, gifts, benefits or services for actions (inaction) in favor of the persons who provided them, or persons represented by 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); -Effective effective January 1, 2027 By the Law of the Republic of Kazakhstan on June 12, 2026 No. 311-VIIII SAM

     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.

7) the use of official powers in personal interests.

     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 of admission to a position or dismissal (dismissal from office, termination of powers), their non-compliance is the basis for dismissal (dismissal from office, termination of powers), unless otherwise provided by this Law.

  5. Family members of the person referred to in the first paragraph of paragraph 1 of this Article are not entitled to receive financial remuneration, gifts, benefits or services provided for the actions (inaction) of this person in favor of the persons who provided them, or persons represented by them, if such actions fall within the official powers of this person or by virtue of his official position. the provisions may contribute to such actions (inaction). -Effective from January 1, 2027 By the Law of the Republic of Kazakhstan on June 12, 2026 No. 311-VIIII SAM .

     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 benefits provided to the said persons under the same circumstances, the services must be paid for by transferring money to the republican budget within seven calendar days from the date of granting the benefit, 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 benefits, services."

A person who has given a gift to the authorized state property management body has the right to redeem such a gift in accordance with the procedure established by the Law of the Republic of Kazakhstan "On State Property". The proceeds from the sale of gifts are transferred to the republican budget.

7. The provisions of paragraphs 1, 3 and 4 of this Article do not apply to persons who carry out technical and design supervision on highways, and 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. budget or provision of state support measures (with the exception of persons holding a public position or a position in a state organization or a quasi-public sector entity, related to the performance of functions equivalent to state functions). 

      The persons specified in the first part of this paragraph, when performing functions equated to state functions, taking into account the specifics established by Articles 15, 15-1, 15-2, 15-3 and 15-4 of this Law, are required to comply with anti-corruption restrictions on: 

     1) 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 for oneself and (or) others; 

     2) accepting material remuneration, gifts, benefits or services for actions (inaction) in favor of the persons who provided them or the persons they represent, if such actions fall within the authority of the persons specified in part one of this paragraph, or these persons, by virtue of their position, may contribute to such actions (inaction); -Effective effective January 1, 2027 By the Law of the Republic of Kazakhstan on June 12, 2026 No. 311-VIIII SAM   

      3) the use of authority in personal interests. -Effective effective January 1, 2027 By the Law of the Republic of Kazakhstan on June 12, 2026 No. 311-VIIII SAM   

 

      The provisions of paragraphs 5 and 6 of this article shall apply to the persons specified in part one of this paragraph when performing functions equivalent to State functions and their family members.

 

      The provisions of paragraphs 5 and 6 of this article shall apply to the persons specified in part one of this paragraph when performing functions equivalent to State functions and their family members.

 

 

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     

© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan  

 

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