Docstoc

The Law of the Republic of Kazakhstan

Document Sample
The Law of the Republic of Kazakhstan Powered By Docstoc
					 FIGHTING CORRUPTION
KAZAKHSTAN EXPERIENCE




                        №1
    Corruption as a social phenomenon
    is a serious problem to any society
  and typical to all countries in the world,
including those with developed economies
 and long-standing democratic traditions.




                                               №2
               The system of state government
                in the Republic of Kazakhstan




Legislative authority   Executive authority   Judicial authority




                                                                   №3
                Legislative authority
           of the Republic of Kazakhstan




 The lower chamber               The upper chamber
     the Majilis                     the Senate
        of the                          of the
Republic of Kazakhstan          Republic of Kazakhstan




                                                         №4
            Executive authority
       of the Republic of Kazakhstan




19 Ministries                  6 Agencies




                                            №5
       Judicial authority
of the Republic of Kazakhstan



          Supreme Court
   of the Republic of Kazakhstan



          Regional courts
   of the Republic of Kazakhstan



           District courts
   of the Republic of Kazakhstan




                                   №6
           State Program on Fight against Corruption
            for 2006-2010, adopted by the Decree of
          the President of the Republic of Kazakhstan,
                      December 23, 2005

             Improvement of legal instruments: anticorruption laws
                  and legal acts of the Republic of Kazakhstan
P
R         Undertaking appropriate state measures to reduce corruption
I
O             Improvement of law enforcement and judicial systems
R
I
    Strengthening international cooperation in the field of counteraction corruption
T
I
E    The broad anti-corruption propaganda in mass media among the population
S
                    Cooperation with civil society organizations

                                                                                       №7
                       Anti-corruption legislation
                      of the Republic of Kazakhstan

                                                  The law on Amendments
       The Criminal Code                           and Changes into some
                                               legislative acts of the Republic
                                                  of Kazakhstan on further
         The Code on                                  strengthening the
     Administrative offences                       fight against corruption


The law on fight against corruption               The Law on Amendments
                                                   and Changes into some
                                               legislative acts of the Republic
                                               of Kazakhstan on improvement
    The Law on Public Service                    the fight against corruption


    The Law on Ratification of
       the UN Convention                          The Decree of the President
        against corruption                     on strengthening the fight against
                                                 criminality and corruption and
                                         further improvement law enforcement activity
      The Code of Conduct
                                                                                        №8
  The Law of the Republic of Kazakhstan
      «On Fight against Corruption»
            from July 2, 1998



      Corruption is illegal obtaining, directly
 or indirectly, benefits and privileges by public
officials and equated persons, including abuse of
  powers for private gain, as well as bribery of
      mentioned above persons by means of
    giving them illegal advantages by natural
            persons and legal entities.




                                                    №9
      The Law «On Public Service», from July 23, 1999


                 Bases for organization of public service

D
                      Legal status of public servants
E
F
I                   Social protection of public servants
N
E                     Relationships in public service
S

                        Liability of public servants


        In 2009 the new provision, which became the innovation
    in this law had been introduced - the duty of a public servant to
                report about corruption offenses to their
                 supervisor or law enforcement agency.

                                                                        №10
            The Code of Conduct
       of the Republic of Kazakhstan



  The Code of Conduct sets the basic standards
         of conduct for public servants
    of the Republic of Kazakhstan and fully
       meets the international standards
(Recommendation of the Committee of Ministers
    of the Council of Europe № R (2000) 10
              from 11 May 2000)




                                                 №11
                        Additional steps on prevention
                         and fight against corruption

                                  There were toughen penalties     Functioning of E-government
     Introduction of distinct
                                       for offenses and the
  standards for public services
                                      judicial ethics failure

                                                                 The lifetime ban from holding any
                                                                           positions in state
   Established a strict order                                       bodies and organizations for
        for conducting                Each public agency          individuals who have previously
     inspections of private           opened its web site          been dismissed for corruption
         entrepreneurs                                               offenses was introduced



                                                                     Confiscation of property
                                                                         illegally obtained
    Heads of ministries and         The number of licensed
                                                                   and transferred by sentenced
agencies created personal blogs   activities had been reduced         person into ownership
                                                                          of third parties


                                                                                             №12
    The Blog of the Chairman of the
Agency on fighting against economic and
  corruption crimes (financial police)




                                          №13
                    The list of corruption-related crimes



•   art.176   Misappropriation or embezzlement of entrusted property
•   art.177   Fraud
•   art.192   False entrepreneurship
•   art.193   Money laundering of proceeds from corruption offences
•   art.209   Economic contraband
•   art.307   Abuse of powers
•   art.308   Excess of authority
•   art.310   Illegal participation in business
•   art.311   Obtaining a bribe
•   art.312   Giving a bribe
•   art.313   Mediation in bribery
•   art.314   Official forgery
•   art.315   Official omission
•   art.380   Misuse and abuse of powers


                                                                       №14
               Subjects of corruption crimes




        Public officials
                                  Officials of foreign states
of the Republic of Kazakhstan




                                                                №15
            List of Administrative Corruption Offences




•art.532 Abuse of financial control measures
•art.533 Provision of illicit material remuneration for individuals
authorized to perform state duties, or equations thereof
•art.533-1 Acceptance of illicit material remuneration by individuals
authorized to perform state duties, or equations thereof
•art.534 Provision of illicit material remuneration for legal entities
•art.535 Illegal entrepreneurial activity and gaining of illegal
revenues by state bodies and local self-government bodies
•art.537 Failure of senior officials or executive secretaries or other
officials of authorities involved into combating corruption appointed by
the RK President to act
•ст.537-1 Acceptance of employment, which earlier committed
corruption crime


                                                                      №16
       The Law «On state protection of
             persons involved in
            criminal proceedings»


The Law sets up the system of measures on protection
   the life, health, property and legitimate rights and
 interests of persons involved in criminal proceedings,
                their families and relatives




                                                          №17
    The Law «On anti-money laundering and
     countering the financing of terrorism»



The authorized institution to ensure financial discipline
            is the Committee for Financial
        Monitoring of the Ministry of Finance
             of the Republic of Kazakhstan




                                                            №18
                The draft bill on corporate criminal liability


                             Legal entity will be
                  responsible for criminal acts committed
                  for their benefit by any natural person:



                                                            If natural person has
                                                            a leading position within the legal
                                                            person, based on:
 In case if criminal act was                                (a) a power of representation
                               Acting either individually
committed for the benefit of                                of the legal person; or
                                or as part of an organ      (b) an authority to take decisions
       legal entity by
                                  of the legal person       on behalf of the legal person; or
     any natural person
                                                            (c) an authority to exercise control
                                                            within the legal person;




                                                                                         №19
         Decree of the President of the Republic of Kazakhstan
    "On additional measures to strengthen the fight against crimes
and corruption and further improvement of the law enforcement system
             in the Republic of Kazakhstan“ April 22, 2009


                    Financially stimulate anticorruption behavior of citizens for their
                     assistance in combating and disclosure of corruption offenses;

P
                            Public servants should present factual information
R           about the origin of their property the value of which exceeds its official earnings
I
O
           Responsibility of public servants for failing to report about corruption related cases
R
I                   Tightened control over the personnel in law enforcement bodies,
T                  development of measures on counteraction «corporate corruption»
                                       and «conflict of interests»
I
E                           Defining the list of positions at public service with
                           a high risk of committing corruption-related crimes
S
                       Heads of all government agencies and national companies
               will be personally responsible for the situation with fight against corruption
                                                                                                    №20
       The Law on Amendments and Changes into some
legislative acts of the Republic of Kazakhstan on improvement
         the fight against corruption December 7, 2009



                The Law introduces criminal liability
           for accepting a bribe in favor of third parties




                                                             №21
             Anti-corruption policy is carried out by




          The Agency of                     The Commission
   the Republic of Kazakhstan             under the President
  on fight against economic and      of the Republic of Kazakhstan
corruption crimes (Finance police)     on fight against corruption




                                                                     №22
                                      The Agency of
                                the Republic of Kazakhstan
                              on Fight against Economic and
                            Corruption Crimes (Financial Police)

           Departments on fight against economic and corruption crimes

                                        Department                      Department in
Department in Astana city
                                 in East Kazakhstan oblast           Mangystauskaya oblast


                                        Department                       Department in
Department in Almaty city
                                     in Zhambyl oblast                Pavlodarskaya oblast


    Department in                    Department in                       Department in
  Akmolinskaya oblast           Western Kazakhstan oblast          Northern Kazakhstan oblast


    Department in                     Department in                      Department in
  Aktubinskaya oblast             Karagandinskaya oblast           Southern Kazakhstan oblast


                                      Department in
                                   Kostanaiskaya oblast
    Department in                                                       Department in
  Almatinskaya oblast                                                 Atyrauskaya oblast
                                      Department in
                                  Kyzylordinskaya oblast

                                                                                       №23
     Last year, the Agency has made
1372 recommendations to state institutions




                                             №24
             International Law of the Agency




                          Agreements on cooperation in the field of fighting
                       with economic and corruption crimes with the following
                   countries: Germany, France, Poland, Croatia, Slovakia, Romania,
                       Latvia, Lithuania, Estonia, Russia, China, Turkey, Egypt,
                    Azerbaijan, Armenia, Belarus, Kyrgyzstan, Moldova, Tajikistan,
                           Turkmenistan, Uzbekistan, Georgia and Ukraine.
The Agency
concluded:


                                   Protocols on cooperation along
                    the borders with competent bodies of Russia and Kyrgyzstan.




                                                                            №25
                    International Law expansion of the
                          Financial police bodies




                                                           The Agency has designed law
                                                             projects “On ratifications
At present, the Agency                                          of the International
    has developed                                         Convention for the Suppression
                              The Agency is working
 draft memorandums                                        of Counterfeiting Currency and
                                    over issues
on cooperation in the                                         Protocols to it” and “On
                          on concluding agreements on
   field of Fighting                                             ratifications of the
                          fight against corruption with
 corruption with the                                        Convention on Laundering,
                                 Austria, Belgium,
  competent bodies                                              Search, Seizure and
                             United Kingdom, Greece,
 of Spain, Kyrgyzstan                                      Confiscation of the Proceeds
                           Italy, Canada, Netherlands
and Russia, which are                                               from Crime”,
                                   and Norway.
    adjusting with                                           which will be introduced
  the counteragents                                           in the Parliament of the
                                                              Republic of Kazakhstan
                                                                 in the near future.


                                                                                   №26
                             Cooperation with
                        international organizations




                                                                           Organization
                                 Organization for Security                 for Economic
  United Nations
                                 and Cooperation in Europe                Cooperation and
                                                                           Development




                     Coordination Council
Transparency            of Heads of tax              Association
                                                                         International Centre
 International     (finance) investigations      of Anti-corruptions
                                                                       for Tax and Investments
                        of CIS countries                bodies




                                                                                            №27
            International Anti-Corruption Conference:
        «Creating Conditions for Sustainable Economic and
            Social Development in Eastern Europe and
              Central Asia: Fighting Corruption and
                   Promoting Good Governance»
                (Astana, 16-18 September, 2009)




 The Conference attended leaders of
     anti-corruption agencies and           Conference in Kazakhstan was
experts from more than 40 countries                 marked by the
   around the world (U.S., Germany,
                                             fact of approval the unique
  Finland, France, Singapore, Russia,
       China, Brazil and others),             international document –
  as well as non-state organizations:   Astana Statement on good governance
Transparency International, the OSCE,         and combating corruption
              UN, GRECO




                                                                        №28
    The Law of the Republic of Kazakhstan
    “On Ratification of the UN Convention
      against corruption”, May 4, 2008




With ratification of the UN Convention against corruption
      Kazakhstan, in general, had implemented its
     commitments on bringing into conformity with
          the Convention its national legislation.




                                                            №29
                            Cooperation with
                      non-governmental organizations


                      Signed Memorandums on Cooperation




                            National      Association of
                                                               Forum of
People’s Democratic    Economic Chamber    Legal Entities
                                                            Entrepreneurs
 Party «Nur-Otan»        of Kazakhstan    «Civiс Alliance
                                                            of Kazakhstan
                       «Union Atameken»   of Kazakhstan»




                                                                            №30
        Broad Advocacy Campaign
        «Say: No-Corruption!»


      Under the support of civil society
            organizations and state
      institutions we have made a wide
              advocacy campaign
          «Say: NO-Corruption!»,
It covered almost all groups of the population.




                                                  №31
TV and Radio channels broadcast anti-corruption adverts
       by the Agency. In the streets of Kazakhstan
            cities were placed information 44
                billboards and 377 banners
 with three-digit Financial Police hot-line number «144»


                                                           №32
№33
           An important contribution to the fight
               against corruption has made
             the Financial Police Academy
 In May 2007 the Heads of Governments of the CIA decided
to give the Kazakhstan Financial Police Academy the status of
       core higher education institution for training and
                    retraining of personnel
           for the bodies engaged in tax (financial)
                investigation in these countries.




                                                                №34
       Contact information of the Agency:

Republic of Kazakhstan, 010000, Astana, 60 Omarova str.
        tel.: (7172) 325610, fax: (7172) 322216
                  e-mail: mail@abekp.kz
                 web-site: www.finpol.kz



                                                          №35

				
DOCUMENT INFO
Shared By:
Categories:
Tags:
Stats:
views:8
posted:10/2/2012
language:English
pages:35