Article 13. Activities incompatible with the performance of government functions The Anti-Corruption Law

Home / RLA / Article 13. Activities incompatible with the performance of government functions The Anti-Corruption Law

1. Persons holding responsible government positions, persons authorized to perform government functions (with the exception of deputies of maslikhats who do not carry out their activities on a permanent or vacated basis), persons equated to persons authorized to perform government functions (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 members of elected local government bodies), officials are prohibited from:

1) independently participate in the management of an economic entity, if management or participation in the management of an economic entity is not included in their official duties in accordance with the legislation of the Republic of Kazakhstan, to promote the satisfaction of the material interests of organizations or individuals through the misuse of their official powers in order to obtain property or other benefits;

2) engage in entrepreneurial activity, with the exception of the acquisition and (or) sale of shares of open and interval mutual funds, bonds on the organized securities market, shares of commercial organizations (common shares in the amount not exceeding five percent of the total number of voting shares of organizations) on the organized securities market;

3) engage in other paid activities other than teaching, scientific and other creative activities, military service in the reserve.

Military personnel under contract who perform military service in positions corresponding to the medical military accounting specialty have the right to engage in paid medical activities that do not interfere with the performance of military service duties.

2. Excluded by the Law of the Republic of Kazakhstan dated 26.11.2019 No. 273-VI (effective ten calendar days after the date of its first official publication).

2-1. Persons equated to persons authorized to perform state functions who carry out activities in quasi-public sector entities (with the exception of state-owned enterprises) are entitled to hold paid positions in management bodies, supervisory boards, executive bodies of subsidiaries, dependent organizations of the relevant quasi-public sector entities and other legal entities affiliated with them in accordance with the Legislation of the Russian Federation. laws of the Republic of Kazakhstan.

3. The persons referred to in paragraph 1 of this Article have the right to lease (lease) housing belonging to them by right of ownership and receive income from such rental.

4. The Chairman of the National Bank of the Republic of Kazakhstan and his deputies, the Chairman of the authorized body for regulation, control and supervision of the financial market and financial organizations and his deputies are prohibited from acquiring shares of investment funds, bonds, shares of commercial organizations.

The Chairman of the National Bank of the Republic of Kazakhstan and his deputies, the Chairman of the authorized body for regulation, control and supervision of the financial market and financial organizations and his deputies, within thirty calendar days from the date of their appointment, are obliged to transfer to trust management in accordance with the procedure established by the laws of the Republic of Kazakhstan, shares of investment funds, bonds and shares of commercial organizations acquired prior to their appointment to positions.

Failure by these persons to fulfill the obligations provided for in this paragraph is the basis for their termination of the relevant activity.

5. The persons specified in paragraph 1 of this Article, within thirty calendar days from the date of assuming office, are obliged to transfer to trust management for the duration of these functions in accordance with the procedure established by the laws of the Republic of Kazakhstan, their property, the use of which entails income, with the exception of money, bonds, shares of open and interval units investment funds legally owned by these persons, as well as property transferred to the property lease.

6. The contract for the trust management of property is subject to notarization.

7. In the case of the acquisition of shares (participation shares in the authorized capital) of commercial organizations and other property, the use of which entails income, with the exception of bonds, shares of open and interval mutual funds, the persons specified in paragraph 1 of this Article are obliged to transfer them to trust management within thirty calendar days from the date of acquisition in accordance with the procedure established by the laws of the Republic of Kazakhstan, and submit to the Personnel Management Service (HR department) at the place of work a notarized copy of the notarized contract for the trust management of property within ten working days after the notarization of the contract.

8. Failure to fulfill the obligations provided for in paragraphs 5 and 7 of this Article by the persons referred to in paragraph 1 of this article is the basis for their termination of public service or other relevant activities.

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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