Legal responsibility of persons authorized to perform state functions

The category of persons equated to persons authorized to perform public functions includes people who are not directly government employees, but perform functions that affect public administration and the use of public resources. This may be related to the work of local governments, quasi-governmental structures, or participation in important government processes.

Paragraph 28 of Article 3 of the Criminal Code of the Republic of Kazakhstan defines the category of persons equated to persons authorized to perform State functions. This means that these individuals are not civil servants in the traditional sense, but their activities are related to the performance of important functions that affect government processes or the management of public resources. These individuals also bear increased criminal responsibility for crimes related to their activities.

Categories of persons equated to persons authorized to perform government functions:

1. Persons elected to local government bodies:

o This category includes deputies of maslikhats and other elected positions at the local government level. Such persons represent the interests of citizens and participate in the management of municipal resources, and their activities are regulated by laws on local self-government, such as the Law of the Republic of Kazakhstan "On Local Public Administration and Self-Government in the Republic of Kazakhstan."

2. Candidates for elected positions:

o Citizens registered as candidates for the positions of the President of the Republic of Kazakhstan, deputies of Parliament and maslikhats, akims of various levels. So far, such persons do not hold official positions, but they already have the status of candidates, which makes them equivalent to officials.

3. Employees of local government bodies:

o   These are employees who work in local government bodies and receive salaries from the state budget. They are included in the category equivalent to persons authorized to perform government functions and are responsible for actions related to the management of public resources.

4. Persons performing managerial functions in a state organization or quasi-public sector entity:

o   These are the heads of organizations or structural divisions working in the quasi-public sector, for example, in national companies and holdings such as Samruk-Kazyna. Management in these structures is closely linked to government resources and investments.

5. Persons responsible for conducting public procurement or implementing projects funded from the State budget:

o   These individuals are responsible for the distribution of public funds, and their activities are regulated by the Law of the Republic of Kazakhstan "On Public Procurement". Violations in this area can lead to corruption offenses and abuse of authority.

6. Employees of the National Bank and its departments:

o   These individuals are responsible for the country's financial policy and money management. Their activities are regulated by the Law of the Republic of Kazakhstan "On the National Bank of the Republic of Kazakhstan" and other regulatory acts regulating the financial market.

7. Civil aviation employees:

o Persons working in the bodies responsible for the use of airspace and aviation activities. Their activities are regulated by the Law of the Republic of Kazakhstan "On the Use of Airspace and Aviation Activities", and they are also equated to persons authorized to perform government functions.

8. Employees of financial market regulators and financial organizations:

o   These individuals exercise control and supervision over the activities of the financial sector, including banks, insurance companies, and other financial institutions. Their activities are regulated by the Law of the Republic of Kazakhstan "On State Regulation, Control and Supervision of the Financial Market and Financial Organizations".

The responsibility of these persons:

1. Criminal liability: Persons equated to persons authorized to perform state functions may be held accountable for:

o Corruption crimes (for example, bribes, abuse of authority) — Article 366 of the Criminal Code of the Republic of Kazakhstan,

o Abuse of authority — Article 361 of the Criminal Code of the Republic of Kazakhstan,

o Negligence — Article 370 of the Criminal Code of the Republic of Kazakhstan,

o Fraud using official position — Article 190 of the Criminal Code of the Republic of Kazakhstan.

2. Anti-corruption Laws: These individuals are subject to the Law of the Republic of Kazakhstan "On Combating Corruption", which defines special requirements for their activities, including measures to prevent conflicts of interest and ensure transparency in the use of public funds.

3. Resolutions of the Supreme Court of the Republic of Kazakhstan:

Normative resolution of the Supreme Court of the Republic of Kazakhstan dated June 18, 2004 No. 1.On the application by the courts of legislation on liability for certain environmental criminal offenses, contains clarifications on the application of criminal law norms to persons equated to officials. In particular, this resolution clarifies the issues of qualification of crimes related to abuse of authority and corrupt actions of such persons.

Conclusion:

The category of persons equated to persons authorized to perform public functions includes a wide range of subjects whose activities directly affect public administration and the use of public resources. These individuals are responsible for their actions on an equal basis with government officials, and their activities are regulated by a variety of special laws and regulations aimed at protecting public interests and preventing corruption.

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