Memo "On the fight against corruption»

(this memo is designed for citizens and employees of the reserve-museum in order to clarify the concept and prevent corruption)

Corruption is a systemic threat to the security of Kazakhstan, threatening the stability of the state and society.

According to paragraph 1 of Article 22 of the Law of the Republic of Kazakhstan "On Combating Corruption", all state bodies and officials are obliged to fight corruption within their competence.

The concept of corruption

Corruption is the acceptance of property benefits and benefits by persons performing state functions, as well as persons equated to them, not provided for by law, using their official powers and related opportunities, or otherwise using their powers to obtain property benefits, as well as the bribery of these persons by illegally providing them with these benefits and benefits by individuals and legal entities in accordance with the law.

A corruption offense is an act provided for by the Law of the Republic of Kazakhstan "On Combating Corruption", as well as other laws, acts involving corruption or creating conditions for corruption, which entail disciplinary, administrative and criminal liability established by law.

 

Bribe

The Criminal Code of the Republic of Kazakhstan provides for two types of crimes related to bribes:

 

• receiving a bribe (article 366);
• giving a bribe (аrticle 367).

 

Taking a bribe is one of the most dangerous official crimes, especially if it is committed by a group of persons or is accompanied by extortion, which consists in obtaining advantages and benefits by an official for legal or illegal actions (inaction).

 

Giving a bribe is a crime aimed at inducing an official to commit legal or illegal actions (inaction), or to provide or receive any advantages in favor of the giver, including for general patronage or connivance in the service.

 

A bribe means:

Items — money, including currency, bank checks and securities, products made of precious metals and stones, cars, food, video equipment, household appliances and other goods, apartments, cottages, country houses, garages, land plots and other real estate.

Services and benefits — treatment, repair and construction work, sanatorium and tourist trips, trips abroad, payment of entertainment and other expenses free of charge or at a reduced cost.

A veiled form of bribery is a bank loan in debt or under the guise of repayment of a non-existent debt, payment of goods purchased at a low price, purchase of goods at an inflated price, conclusion of fictitious employment contracts with payment of salaries to the bribe taker, his relatives, friends, obtaining a soft loan, inflating fees for lectures, articles, and books, "random" winnings in the casino, reducing rent, increasing interest rates on the loan, etc.

 

Who can be prosecuted for taking a bribe?

The official authorized to perform state functions, and the person equated to it, may be recognized as a bribe — taker.

Persons holding a responsible state position — persons holding positions established by the Constitution of the Republic of Kazakhstan, constitutional and other laws of the Republic of Kazakhstan for the direct performance of the functions of the state and the powers of state bodies.

 

Bribery concept

Illegal transfer of money, securities or other property to a person performing managerial functions in a commercial or other organization, as well as illegal provision of property services to him for using his official position in the interests of a person engaged in bribery — in the Criminal Code of the Republic of Kazakhstan is called commercial bribery (Article 253).

 

Penalties for bribery and commercial bribery

Receiving a bribe is considered by the Criminal Code of the Republic of Kazakhstan as a more socially dangerous act than giving a bribe.

 

Receiving a bribe:

Receiving a bribe in the form of money, securities, other property, the right to property or property benefits for oneself or other persons for actions (inaction) in favor of the bribe-giver or persons represented by him, if such actions (inaction) are included in the official powers of the person authorized to perform state functions, or a person equated to him, or he, by virtue of his official position, may contribute to such actions (inaction), as well as for General patronage or connivance in the service, shall be punishable with a fine in the amount of from seven hundred to two thousand monthly calculation indices or the salary or other income of the convicted person for a period from seven months to one year, or by restriction of liberty for a term up to five years, or imprisonment for the same term with deprivation of the right to occupy certain positions or engage in certain activities for a term up to five years with confiscation of property or without it.

 

If the crime is committed by a person holding a public office, as well as receiving a bribe for illegal actions (inaction) - is punishable by imprisonment for a term of three to seven years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to seven years with confiscation of property.

If the crime is committed by a group of persons by prior agreement with extortion or on a large scale, repeatedly-are punished by imprisonment for a term of seven to twelve years with confiscation of property.

 

Giving a bribe:

If the bribe is given official personally or through an intermediary — a fine of from seven hundred to two thousand monthly calculation indices or the salary or other income of the convicted person for a period of five to seven months, or by corrective labor for a term up to two years, or restraint of liberty for a term up to three years, or imprisonment for the same term.

 

If a bribe is given to an official for committing knowingly illegal actions (inaction) - a fine in the amount of one thousand to three thousand monthly calculation indices or in the amount of the convicted person's salary or other income for a period of seven months to one year, or restriction of liberty for a term of up to five years, or imprisonment for the same term.

 

Giving a bribe to a person holding a responsible state position-is punishable by imprisonment for a term of five to ten years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to seven years with confiscation of property.

 

Mediation of bribery

Bribes are often given and taken through intermediaries — subordinate employees, individual entrepreneurs, employees of intermediary firms, which are considered by the Criminal Code of the Republic of Kazakhstan as accomplices of a crime.

 

Commercial bribery can be carried out through intermediaries-subordinate employees, business partners, specially hired persons, who are also considered by the Criminal Code of the Republic of Kazakhstan as accomplices of a crime.

 

A bribe can be offered either directly ("if the issue is resolved in our favor, you will receive......"), or indirectly.

 

A citizen who has given a bribe or committed a commercial bribe may be released from liability if:

 

• the fact of extortion is established;
• the citizen voluntarily reported to law enforcement agencies about the deed.

 

Knowingly false denunciation of extortion of a bribe or commercial bribery is considered a crime by the Criminal Code of the Republic of Kazakhstan and is punishable by imprisonment for up to six years (Article 419).

 

How to act in the event of an offer or extortion of a bribe

• behave extremely carefully, politely, without fawning, not allowing rash statements that could be interpreted by the bribe-giver (bribe-taker) either as a willingness or as a categorical refusal to accept (give) a bribe;

 

•       listen carefully and accurately remember the conditions offered to you (the amount of amounts, the name of goods and the nature of services, the terms and methods of transferring a bribe, the form of commercial bribery, the sequence of resolving issues);

 

• try to postpone the question of the time and place of the transfer of the bribe until the next conversation and offer a place that is well known to you for the next meeting;

 

• do not take the initiative in the conversation on yourself, more "work for the reception", let the potential bribe-taker (bribe-taker) "talk it out", tell you as much information as possible;

 

• if you have a voice recorder, try to record (secretly) the offer of a bribe or its extortion.

 

What should be done immediately after the fait accompli of the offer or extortion of a bribe?

 

To report this fact — the Department of the Agency of the Republic of Kazakhstan for Civil Service Affairs and Anti-Corruption in the Zhambyl region.

 

Apply with an oral or written report about an impending crime to one of the law enforcement agencies at your place of work or to their higher authorities.

 

In cases of offering or extorting a bribe from representatives of local authorities, law enforcement officers and other state institutions, you can contact directly the internal security units of these bodies, which deal with the suppression of crimes committed by their employees.

 

Get an appointment with the head of the law enforcement agency, where you applied with a message about the offer of a bribe or its extortion.

 

Write a statement about the fact of offering you a bribe or its extortion, in which you specify exactly:

 

• which of the officials (last name, first name, patronymic, position, institution) offers you a bribe or extorts it;

 

• what is the amount and nature of the bribe offered or extorted;

 

• for what specific actions (or inaction) Are you being offered a bribe or are you being extorted;

 

• at what time, in what place and in what way should the direct transfer of the bribe take place;

 

• in the future, act in accordance with the instructions of the law enforcement agency;

 

• send it in accordance with the established procedure.

 

Need to know!

Oral reports and written statements about crimes are accepted by law enforcement agencies, regardless of the place and time of the crime, around the clock.

In the duty part of the law enforcement agency, you are required to listen and accept the message orally or in writing. At the same time, you should ask for the name, position, and work phone number of the employee who received the message.

You have the right to receive a copy of your application with a note on its registration with a law enforcement agency or a notification ticket, which contains information about the employee who received the message, and his signature, registration number, name, address and phone number of the law enforcement agency, the date of receipt of the message.

In the law enforcement agency, the message (application) received from you must be immediately registered and reported to a higher supervisor for the implementation of procedural actions in accordance with the requirements of the legislation of the Republic of Kazakhstan.

You have the right to find out from the law enforcement agency charged with executing your application about the nature of the measures taken and to request that you be received by the head of the relevant department in order to obtain more complete information on issues affecting your rights and legitimate interests.

In case of refusal to accept the message (statement) about bribery, You have the right to appeal against such illegal actions in the higher courts, and also make a complaint of misconduct by law enforcement officers in the authority exercising prosecutorial supervision over the activities of law enforcement and security agencies. 

The action or omission of the anti-corruption body to encourage persons who have reported a corruption offense or otherwise assist in the fight against corruption may be appealed in court.

Guarantees of the inviolability of persons assisting in the fight against corruption

A person who has reported a corruption offense or otherwise assists in the fight against corruption is protected by the State.

Information about a person who assists in the fight against corruption is a state secret and is provided only at the request of the authorities provided for by the current anti-corruption legislation or the court in accordance with the procedure established by law. Disclosure of this information entails liability established by law.

A person who has reported a corruption offense or otherwise assists in the fight against corruption is encouraged in accordance with the procedure provided for by the Government of the Republic of Kazakhstan. 

If necessary, the anti-corruption authorities ensure the personal security of those who assist in the fight against corruption.

A person who has provided deliberately false information is liable in accordance with the established procedure in accordance with the laws of the Republic of Kazakhstan.

 

http://adilet.zan.kz/rus/docs/Z1500000410 - On combating corruption

Law of the Republic of Kazakhstan No. 410-V of November 18, 2015. 

http://www.cmrp.kz/images/stories/Korrup/Strategiya.pdf - ANTI-CORRUPTION STRATEGY OF THE REPUBLIC OF KAZAKHSTAN FOR 2015-2025 

http://adilet.zan.kz/rus/docs/U1400000986 - On the Anti-Corruption Strategy of the Republic of Kazakhstan for 2015-2025

Decree of the President of the Republic of Kazakhstan dated December 26, 2014 No. 986.