The norm of officials of the quasi-public sector who are subjects of corruption in accordance with the “Anti-corruption Law” has been expanded.
“From now on, employees of quasi-state companies authorized to make decisions on the organization and conduct of procurement, responsible for the selection and implementation of projects financed from the state budget and the National Fund, holding a position not lower than the head of an independent structural unit, are classified as subjects of corruption. That is, they will fully assume the anti-corruption restrictions provided for by the “Anti-corruption Law”, and will also bear more serious responsibility in case of committing corruption offenses”.
Previously, such norms applied only to the first managers of quasi-state companies. On combating corruption Law of the Republic of Kazakhstan dated November 18, 2015 No. 410-V ZRK (extract) Article 12. Anti-corruption restrictions.
Activities incompatible with the performance of state functions Persons holding a responsible state position, persons authorized to perform state functions (with the exception of deputies of maslikhats who carry out their activities on a non-permanent or exempt basis), persons equated to persons authorized to perform state functions ( with the exception of candidates for the President of the Republic of Kazakhstan, deputies of the Parliament of the Republic of Kazakhstan or maslikhats, akims of cities of district significance, towns, villages, rural districts, as well as members of elected bodies of local self-government, persons operating in subjects of the quasi-public sector), officials are prohibited from:
Non-acceptance of anti-corruption restrictions by the persons specified in the first paragraph of paragraph 1 of this article entails a refusal to hire or dismissal from office (dismissal from office), their failure to comply in cases where there are no signs of a criminally punishable act and an administrative offense is the basis for their termination of public service or other relevant activity. Family members of the person specified in the first paragraph of paragraph 1 of this article shall not be entitled to receive material remuneration, gifts or services provided for the activity (inactivity) of this person in favor of the persons who provided material remuneration, gifts or services, if such actions (inaction) include in the official powers of this person or he, by virtue of his official position, can contribute to such activity (inactivity).
Note.
In this Law, the family members of the person specified in the first paragraph of paragraph 1 of this article are understood to be his spouse (wife), parents, children, including adults, and persons who are dependents and permanently residing with him.
Money received on the account of the persons specified in paragraph one of paragraph 1 of this article, and (or) members of their families without their knowledge, as well as funds received by them in violation of subparagraph 4) of paragraph 1 and paragraph 5 of this article, no more than two weeks after their discovery, they are subject to transfer to the republican budget with an explanation to the relevant state revenue body on the circumstances of receipt of such funds.
Gifts received without the knowledge of the persons specified in paragraph one of paragraph 1 of this article, and (or) their family members, as well as received by them in violation of subparagraph 4) of paragraph 1 and paragraph 5 of this article, are subject to free transfer to the authorized body for state property management within seven calendar days from the date of receipt of the gift or from the day when the person specified in paragraph one of paragraph 1 of this article became aware of the receipt of the gift, and the services rendered to these persons under the same circumstances must be paid for by transferring money to the republican budget in within seven calendar days from the date of provision of the service or from the day when the person specified in paragraph one of paragraph 1 of this article became aware of the provision of the service.
The person who transferred the gift to the authorized body for state property management has the right, with the notification of a higher official, to redeem it at a cost determined in accordance with the Law of the Republic of Kazakhstan “On valuation activities in the Republic of Kazakhstan”, on the basis of a sale and purchase agreement concluded with the authorized body on management of state property. The proceeds from the sale of gifts are transferred to the republican budget.
Article 13.
Activities incompatible with the performance of state functions Persons holding a responsible state position, persons authorized to perform state functions (with the exception of deputies of maslikhats who carry out their activities on a non-permanent or exempt basis), persons equated to persons authorized to perform state functions ( with the exception of candidates for the President of the Republic of Kazakhstan, deputies of the Parliament of the Republic of Kazakhstan or maslikhats, akims of cities of district significance, towns, villages, rural districts, as well as members of elected bodies of local self-government, persons operating in subjects of the quasi-public sector), officials are prohibited from:
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 to positions, must transfer to trust management in the manner prescribed by the laws of the Republic of Kazakhstan, owned shares of investment funds, bonds and shares of commercial organizations acquired prior to their appointment to positions.
Non-fulfillment by the said persons of the obligations stipulated by this paragraph is the basis for the termination of their respective activities. The persons specified in paragraph 1 of this article, within thirty calendar days from the date of taking office, are obliged to transfer to trust management for the duration of these functions in the manner prescribed by the laws of the Republic of Kazakhstan, their property, the use of which entails the receipt of income, except for money, bonds, shares of open and interval mutual investment funds legally owned by these persons, as well as property leased.
The contract for trust management of property is subject to notarization.
In the event of the acquisition of shares (shares) in the authorized capital of commercial organizations and other property, the use of which entails the receipt of income, with the exception of bonds, shares of open and interval mutual investment funds, the persons specified in paragraph 1 of this article are obliged to transfer them to trust management in within thirty calendar days from the date of acquisition in the manner prescribed by the laws of the Republic of Kazakhstan, and submit to the personnel management service (personnel department) at the place of work a copy of the notarized agreement on trust management of property within ten working days after notarization of the agreement.
Failure to fulfill the obligations provided for by paragraphs 5 and 7 of this article by the persons indicated in paragraph 1 of this article is the basis for their termination of public service or other relevant activities.