On additional measures to strengthen the fight against crime and corruption and further improve law enforcement in the Republic of Kazakhstan
Decree of the President of the Republic of Kazakhstan dated April 22, 2009 No. 793.
To be published in the Collection of Acts
The President and the Government of the Republic
Kazakhstan and the Republican press
In order to strengthen the fight against crime and corruption, and further improve law enforcement activities, I HEREBY DECREE:
1. Identify the fight against corruption and the protection of citizens' constitutional rights and freedoms from criminal encroachments as priority areas for law enforcement agencies, ensuring the inevitability of the state's response to any offenses and bringing perpetrators to justice as prescribed by law.
2. To assign to the heads of state bodies, state organizations and organizations with a share of state participation the direct responsibility for combating corruption with the establishment of personal responsibility for this.
3. To the Government of the Republic of Kazakhstan jointly with the central state bodies concerned in accordance with the procedure established by law.:
Provide for measures to encourage anti-corruption behavior of citizens, including mechanisms to encourage citizens' activities aimed at assisting in the suppression and disclosure of corruption offenses.;
to introduce the obligation of a civil servant to inform the management of the state body in which he works or to law enforcement agencies about cases of corruption offenses that have become known to him, providing for disciplinary liability for failure to comply with this duty.;
To develop a legal mechanism that ensures transparency of the property status of citizens during their civil service, as well as for a certain period after their dismissal from public service, by establishing the obligation of civil servants, as well as persons dismissed from public service, to provide information about the origin of property, the value of which exceeds the official income of these persons, for a certain period after their dismissal. persons;
develop measures to counteract "corporate corruption";
In government agencies, identify lists of positions with a high risk of committing corruption offenses, with the establishment of special, increased requirements for admission and service in these positions, including with commitments on the possibility of applying mechanisms to persons holding these positions that provide for special checks on their compliance with anti-corruption legislation. At the same time, persons who fail to pass such a check should be subject to dismissal from public service.;
to assign to the exclusive jurisdiction of the Agency of the Republic of Kazakhstan for Combating Economic and Corruption Crimes (Financial Police), along with the existing jurisdiction, the investigation of criminal cases of crimes provided for in part 2 of Article 307 and part 2 of Article 308 of the Criminal Code of the Republic of Kazakhstan, while maintaining alternative jurisdiction with the national security authorities to investigate criminal cases of crimes provided for in parts 3 and 4 of Article 307 , parts 3, 4 of Article 308 and parts 3, 4, 5 Articles 311 of the Criminal Code of the Republic of Kazakhstan;
for each position in law enforcement agencies, with the exception of political positions, to develop and approve special qualification requirements similar to the qualification requirements for categories of administrative government positions.;
to ensure the unification of the legal status of law enforcement officers and their service, while providing for an increase in the procedural status of the investigator, the appointment and certification of district police inspectors, taking into account the opinion of the public, as well as establishing a competitive procedure for recruitment to law enforcement agencies with mandatory internship candidates;
Within the limits of the republican budget, take measures to establish a higher level of remuneration for law enforcement officers performing basic functions compared to employees performing support functions. At the same time, review the procedure for determining length of service, pension provision, assignment of ranks and class ranks, depending on the performance of basic or supporting functions.;
Take legislative measures to improve the effectiveness of prosecutorial supervision over the observance of citizens' rights and freedoms in the social sphere;
strengthen criminal liability for crimes that infringe on minors, their rights and legitimate interests, ensuring proper prevention of these crimes;
To improve the legal mechanisms for countering crimes committed as part of an organized criminal group or criminal community, including by strengthening criminal liability for their commission.
4. The Agency of the Republic of Kazakhstan for Civil Service Affairs in cooperation with interested government agencies:
to ensure the creation of a single electronic database containing information about the personal and professional qualities of persons who work and previously worked in the civil service, as well as about violations committed by them and the facts of bringing to various types of responsibility and the reasons for termination of public service.;
At the legislative level, define the concept of a "conflict of interests" in the civil service system, in which contradictions may arise between the personal interests of a civil servant, the interests of society and the state. At the same time, regulate the procedure for preventing and resolving conflicts of interest, including prohibiting the transfer of a civil servant, within a certain period after dismissal from public service, to work in commercial organizations that were directly controlled or directly related to him during the performance of his official duties in accordance with his competence.;
Extend the restrictions imposed on civil servants to persons performing managerial functions in government organizations and organizations with state participation.
5. To the Government of the Republic of Kazakhstan:
1) excluded by Decree of the President of the Republic of Kazakhstan dated 08/17/2010 No. 1039;
2) to develop and submit to the Mazhilis of the Parliament of the Republic of Kazakhstan draft laws arising from this Decree;
3) take other measures to implement this Decree.
The footnote. Paragraph 5 as amended by Decree of the President of the Republic of Kazakhstan dated 08/17/2010 No. 1039.
6. The Commission under the President of the Republic of Kazakhstan on Anti-corruption issues, based on the analysis and monitoring of the state of the fight against corruption, develop promising areas for the development and improvement of the anti-corruption policy of the state.
7. Control over the implementation of this Decree is entrusted to the Administration of the President of the Republic of Kazakhstan.
8. This Decree shall enter into force from the date of signing.
President
Republic of Kazakhstan
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