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Guidance notes on сorruption
Guidance notes on anti-corruption management
These Guidance notes are developed in order to intelligibly explain the concept of a corruption to the personnel as well as the sequence of activities in case of detecting the corrupt activities, the degrees of legal responsibility for committing corruption offences and aiding corrupt practices.
These Guidance notes are intended primarily for those who:
- – consider a bribe to be disgraceful and shameful crime;
- – have no intentions to become an accomplice to crooks and rascals;
- – are ready to sacrifice their momentary interests to prevent the gang of bribetakers from multiplying;
- – want to see his or her country free from the dominance of thieves and corrupt officials.
Accoring to the Article 6 of the Law of the Republic of Kazakhstan "On Combatting Corruption" all the state bodies and the civil servants shall be obliged to carry out anti-corruption within their authority. Heads of the state bodies including commanders (commanding officers) of military bases shall provide the fulfillment of requirements of the Law "On Combatting Corruption" within their authority.
The official interpretation of corruption in accordance with the Law of the Republic of Kazakhstan "On Combating Corruption" dated November 18, 2015 is set out as follows:
Corruption is an acceptance of property benefits and advantages not provided by the Law, in person or through an intermediary by the persons, performing state functions, as well as by persons equated with them, with the use of their official powers and opportunities linked with them or the other use of their powers for obtaining the property profit, and equally the bribery of these persons by illegal provision of these benefits and advantages by individuals and legal entities to them.
Corruption infraction is an action, linked with the corruption or creating conditions for the corruption provided by the Law of the Republic of Kazakhstan "On Combating Corruption", as well as the other Laws, which shall entail disciplinary, administrative and criminal responsibility.
If you are offered a bribe or you are extorted a bribe!
The Criminal Code of the Republic of Kazakhstan provides two types of crimes related to bribes:
The official interpretation of corruption in accordance with the Law of the Republic of Kazakhstan "On Combating Corruption" dated November 18, 2015 is set out as follows:
Corruption is an acceptance of property benefits and advantages not provided by the Law, in person or through an intermediary by the persons, performing state functions, as well as by persons equated with them, with the use of their official powers and opportunities linked with them or the other use of their powers for obtaining the property profit, and equally the bribery of these persons by illegal provision of these benefits and advantages by individuals and legal entities to them.
Corruption infraction is an action, linked with the corruption or creating conditions for the corruption provided by the Law of the Republic of Kazakhstan "On Combating Corruption", as well as the other Laws, which shall entail disciplinary, administrative and criminal responsibility.
If you are offered a bribe or you are extorted a bribe!
The Criminal Code of the Republic of Kazakhstan provides two types of crimes related to bribes:
- – bribery taking (Article 311);
- – giving bribe (Article 312).
These are two sides of one criminal medal: if it is a bribe, it means that there is one who receives a bribe (bribe payee) and the one who gives it (a bribetaker).
Bribery taking is one of the most dangerous malfeasance, especially if it was committed by a group of people or accompanied by extortion, which consists in obtaining advantages and benefits for legal or illegal actions (inaction) by the official.
Giving bribe is a crime aimed at inducing an official to commit legal or illegal acts (inaction) or providing, obtaining any advantages in favor of the giver including general patronage or connivance at the workplace.
BRIBE CAN BE:
Objects, such as money, including consideration; bank checks and paper holdings; precious metal wares and jewelry; cars; food products; video equipment; household equipment and other goods; apartments, cottages, country houses, garages, land and other real estate.
Services and benefits, for example, treatment, repair and construction works; sanatory and tourist vouchers; trips abroad; coverage of entertainment and other expenses for free or at a reduced cost.
Veiled form of a bribe, for instance, bank loan in debt or under the guise of paying off a non-existent debt; paying for goods bought at a low price; buying goods at an inflated price; signing fictitious labor contracts with paying salary to the bribetaker, his relatives, friends; getting a soft loan; overreaching fees for lectures, articles, and books; "accidental" winning in the casino; reducing a rent charge; increasing interest rates on the loan, etc.
Bribery taking is one of the most dangerous malfeasance, especially if it was committed by a group of people or accompanied by extortion, which consists in obtaining advantages and benefits for legal or illegal actions (inaction) by the official.
Giving bribe is a crime aimed at inducing an official to commit legal or illegal acts (inaction) or providing, obtaining any advantages in favor of the giver including general patronage or connivance at the workplace.
BRIBE CAN BE:
Objects, such as money, including consideration; bank checks and paper holdings; precious metal wares and jewelry; cars; food products; video equipment; household equipment and other goods; apartments, cottages, country houses, garages, land and other real estate.
Services and benefits, for example, treatment, repair and construction works; sanatory and tourist vouchers; trips abroad; coverage of entertainment and other expenses for free or at a reduced cost.
Veiled form of a bribe, for instance, bank loan in debt or under the guise of paying off a non-existent debt; paying for goods bought at a low price; buying goods at an inflated price; signing fictitious labor contracts with paying salary to the bribetaker, his relatives, friends; getting a soft loan; overreaching fees for lectures, articles, and books; "accidental" winning in the casino; reducing a rent charge; increasing interest rates on the loan, etc.
WHO CAN BE INDICTED FOR BRIBERY TAKING?
Bribetaker can be an official who is authorized to perform state functions or a person equated to him or her.
Persons, holding responsible public offices – the persons, holding the offices, established by the Constitution of the Republic of Kazakhstan, constitutional and the other Laws of the Republic of Kazakhstan for the immediate performance of the state functions and authorities of the state bodies.
Persons, holding responsible public offices – the persons, holding the offices, established by the Constitution of the Republic of Kazakhstan, constitutional and the other Laws of the Republic of Kazakhstan for the immediate performance of the state functions and authorities of the state bodies.
WHAT IS COMMERCIAL BRIBERY?
Accoring to the Criminal Code of the Republic Kazakhstan (Article 231), a "bribe", illegal transfer of money, paper holdings or other property to a person performing administrative functions in a commercial or other organization, as well as unlawful rendering of services of a property nature for the use of his official position in the interests of the person who gives bribe is called the commercial bribery.
PUNISHMENT FOR BRIBERY AND COMMERCIAL BRIBERY
Bribery taking is considered by the Criminal Code of the Republic of Kazakhstan to be more socially dangerous act in comparison with giving bribe.
Bribery taking (Article 311):
Bribery taking in the form of money, paper holdings, other property, right to property, property benefits for themselves or other persons, by person, authorized to exercise the state functions, or person, equated to him or her, or person, holding responsible state position, or civil servant personally or through the intermediary, for the actions (inaction) for the benefit of briber or persons represented by him or her, if such actions (inaction) are included in the official powers of this person, or it may promote to such actions (inaction) by virtue of official position, as well as for general wardship or connivance shall be punished by the fine in the amount of seven hundred to two thousand MCI or in the amount of the salary or other income of the convicted person for a period of seven months to one year, or by restriction of liberty for a term of up to five years, or imprisonment for the same period, with deprivation of the right to occupy determined position or engage in determined activities for up to five years with or without confiscation of property.
If the crime was committed by a person holding responsible state position, as well as receiving a bribe for illegal actions (inaction), it is punishable by imprisonment for a term of three to seven years with deprivation of the right to occupy determined positions or engage in determined activities for up to seven years with confiscation of property.
If the crime was committed by a group of people by preliminary conspiracy with extortion or on a large scale, repeatedly, it is punished by imprisonment for a term of seven to twelve years with confiscation of property.
Giving bribe (Article 312):
If a bribe is given to an official in person or through an intermediary, it is punished by a fine in the amount of seven hundred to two thousand MCI or in the amount of the salary or other income of the convicted person for a period of five to seven months, or correctional labor for up to two years, or by restriction of liberty for a term of up to three years, or imprisonment for the same period.
If a bribe is given to an official for the commission of knowingly illegal actions (inaction), it is punished by a fine in the amount of one thousand to three thousand MCI or in proportion to the salary or other income of the convicted person for a period of seven months to one year, or restriction of liberty for up to five years, or imprisonment for the same period.
Bribing 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 determined positions or engage in determined activities for up to seven years with confiscation of property.
Bribery taking (Article 311):
Bribery taking in the form of money, paper holdings, other property, right to property, property benefits for themselves or other persons, by person, authorized to exercise the state functions, or person, equated to him or her, or person, holding responsible state position, or civil servant personally or through the intermediary, for the actions (inaction) for the benefit of briber or persons represented by him or her, if such actions (inaction) are included in the official powers of this person, or it may promote to such actions (inaction) by virtue of official position, as well as for general wardship or connivance shall be punished by the fine in the amount of seven hundred to two thousand MCI or in the amount of the salary or other income of the convicted person for a period of seven months to one year, or by restriction of liberty for a term of up to five years, or imprisonment for the same period, with deprivation of the right to occupy determined position or engage in determined activities for up to five years with or without confiscation of property.
If the crime was committed by a person holding responsible state position, as well as receiving a bribe for illegal actions (inaction), it is punishable by imprisonment for a term of three to seven years with deprivation of the right to occupy determined positions or engage in determined activities for up to seven years with confiscation of property.
If the crime was committed by a group of people by preliminary conspiracy with extortion or on a large scale, repeatedly, it is punished by imprisonment for a term of seven to twelve years with confiscation of property.
Giving bribe (Article 312):
If a bribe is given to an official in person or through an intermediary, it is punished by a fine in the amount of seven hundred to two thousand MCI or in the amount of the salary or other income of the convicted person for a period of five to seven months, or correctional labor for up to two years, or by restriction of liberty for a term of up to three years, or imprisonment for the same period.
If a bribe is given to an official for the commission of knowingly illegal actions (inaction), it is punished by a fine in the amount of one thousand to three thousand MCI or in proportion to the salary or other income of the convicted person for a period of seven months to one year, or restriction of liberty for up to five years, or imprisonment for the same period.
Bribing 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 determined positions or engage in determined activities for up to seven years with confiscation of property.
BRIBERY OR COMMERCIAL BRIBERY THROUGH THE INTERMEDIARY
Bribery is often given and taken through intermediaries, such as subordinate employees, individual entrepreneurs or 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, such as subordinates, business partners, specially hired individuals who are also considered by the Criminal Code of the Republic of Kazakhstan as accomplices of a crime.
Citizen who bribed or commits commercial bribery may be released from liability if:
– the fact of extortion has been determined;
– he or she voluntarily reported to the law enforcement authoritie about the deed.
Deliberately false denunciation of extortion of bribes or commercial bribery is considered by the Criminal Code of the Republic of Kazakhstan as a crime and is punishable by imprisonment for up to six years (Article 351).
The bribe can be offered either directly ("if the issue is resolved in our favor, you will get ……") or indirectly.
Commercial bribery can be carried out through intermediaries, such as subordinates, business partners, specially hired individuals who are also considered by the Criminal Code of the Republic of Kazakhstan as accomplices of a crime.
Citizen who bribed or commits commercial bribery may be released from liability if:
– the fact of extortion has been determined;
– he or she voluntarily reported to the law enforcement authoritie about the deed.
Deliberately false denunciation of extortion of bribes or commercial bribery is considered by the Criminal Code of the Republic of Kazakhstan as a crime and is punishable by imprisonment for up to six years (Article 351).
The bribe can be offered either directly ("if the issue is resolved in our favor, you will get ……") or indirectly.
- SOME INDIRECT PATTERNS OF THE BRIBE OFFER:
- Conversation about possible bribe is allegorical, the bribegiver's speech is monosyllabic and does not contain open statements about giving momey or rendering any services in exchange for positive resolving of the dispute; no "dangerous" expressions are articulated.
- If there are witnesses or audio\video recording devices, the bribegiver may use gestures or facial expressions during the conversation to make it clear that he or she is ready to discuss the possibilities of resolving the issue later (at another time, in another place).
- Amount or nature of the bribe is not articulated, however, the corresponding figures can be written on a piece of paper, typed on a calculator or computer and demonstrated to a potential bribetaker.
- Bribegiver can suddenly interrupt the conversation using a plausible excuse and step out of the room leaving a folder with materials, an envelope, a briefcase, some package.
- Bribegiver can redirect the conversation to another person who is not directly involved in resolving the issue.
YOUR ACTIONS IN THE EVENT OF THE BRIBE OFFER OR ITS EXTORTION
- – Act very carefully, politely, without fawning. Do not allow rash statements that could be interpreted by a bribegiver (bribetaker) 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 the sum, the title of the goods and the nature of the services, the terms and means of transferring the bribe, the form of the commercial bribery, the sequence of resolving the issues);
- – Try to postpone the conversation about the time and place of transferring the bribe at a later date and offer a some place you are aware of for the next meeting;
- – Do not take up the running during the conversation and "be a listener" instead, let the potential bribegiver (bribetaker) "speak out" and get as much information as possible;
- – If you have some recording device, use it (secretly) to record the bribe offer or its extortion.
WHAT SHOULD YOU DO AFTER THE THE BRIBE OFFER OR ITS EXTORTION?
- Report to the camp's military police unit, territorial office of the military prosecutor's office (regional Agency of the Republic of Kazakhstan for Civil Service Affairs, regional Department for Combating Economic and Corruption for civilians).
- Address spoken or written message about the forthcoming crime to one of the law enforcement agencies at your workplace or their higher authorities. In case of bribe offers or its extortions from representatives of local authorities (Akim's administration), law enforcement officers and other state institutions, you can directly contact the security units of these bodies that deal with the crimes committed by their employees.
- Get an appointment with the Head of the law enforcement agency where you reported on the bribe offer or its extortion.
- Submit the report on the fact of the bribe offer or its extortion and specify the following in it:
- who is the official (last name, first name, patronymic name, position, institution) whom you accuse in the bribe offer or its extort;
- what is the amount and nature of the proposed or extorted bribe; what specific actions (or inaction) you are offered (extorted) a bribe for;
- at what time, in what place and how should be the bribe transferred;
- follow the instructions of the law enforcement agency.
IT IS IMPORTANT TO KNOW!
Spoken messages and written reports on crimes are taken by the law enforcement bodies on a 24-hour basis irrespective of the place and time of committing a crime.
Military police standby unit, military prosecutor's office are obliged to listen to you and receive either spoken or written message from you. You should inquire about the name, position and office phone of the employee who received the message.
You have the right to receive a copy of your application with a note on registering it with a law enforcement agency or a notification coupon indicating information about the employee who received the message and his signature, registration number, name, address and telephone number of the law enforcement agency, the date the message was received.
Message (application) received from you must be immediately registered in the law enforcement body and reported to the superior officer for the implementation of procedural actions in accordance with the requirements of the legislation of the Republic of Kazakhstan.
You have the right to inquire an information from the law enforcement agency which is entrusted with the execution of your application about the taken measures and demand audience with the Head of the corresponding unit to obtain more information on issues affecting your rights and legitimate interests.
You can also consult or report on the facts of violations of legislation in military units and other military institutions. Also report on violations of social, labor, housing and other rights of servicemen and their families.
If the law enforcement body refuses to receive a message about the bribery from you, you have the right to appeal these illegal actions to higher authorities as well as to file a complaint against illegal actions of law enforcement officers in a higher body that carries out prosecutor's supervision of the activities of law enforcement agencies and uniformed services.
Military police standby unit, military prosecutor's office are obliged to listen to you and receive either spoken or written message from you. You should inquire about the name, position and office phone of the employee who received the message.
You have the right to receive a copy of your application with a note on registering it with a law enforcement agency or a notification coupon indicating information about the employee who received the message and his signature, registration number, name, address and telephone number of the law enforcement agency, the date the message was received.
Message (application) received from you must be immediately registered in the law enforcement body and reported to the superior officer for the implementation of procedural actions in accordance with the requirements of the legislation of the Republic of Kazakhstan.
You have the right to inquire an information from the law enforcement agency which is entrusted with the execution of your application about the taken measures and demand audience with the Head of the corresponding unit to obtain more information on issues affecting your rights and legitimate interests.
You can also consult or report on the facts of violations of legislation in military units and other military institutions. Also report on violations of social, labor, housing and other rights of servicemen and their families.
If the law enforcement body refuses to receive a message about the bribery from you, you have the right to appeal these illegal actions to higher authorities as well as to file a complaint against illegal actions of law enforcement officers in a higher body that carries out prosecutor's supervision of the activities of law enforcement agencies and uniformed services.
ENCOURAGEMENT TYPES
The Government of the Republic of Kazakhstan approved rules for the encouragement of persons who reported a corruption offence or otherwise assisting in combating corruption (Decision of the Government of the Republic of Kazakhstan dated December 30, 2015 No. 1131).
Incentives in the form of a one-time monetary reward are established for persons who reported a fact of corruption offence or otherwise assisting in combating corruption.
The incentive in the form of a money reward is established in the following amounts:
Incentives in the form of a one-time monetary reward are established for persons who reported a fact of corruption offence or otherwise assisting in combating corruption.
The incentive in the form of a money reward is established in the following amounts:
- 30 MCI for administrative cases of corruption offences;
- 40 MCI for criminal cases of minor corruption offences;
- 50 MCI for criminal cases of moderate corruption offences;
- 70 MCI for criminal cases of serious corruption offences;
- 100 MCI for criminal cases of particularly serious corruption offences.
In cases provided by the paragraph 9 of the Rules, incentives may be established in the form of awarding a certificate or declaring a gratitude.
Reward financing is made at the expense of the republican budget.
Assistance in combating corruption includes the following:
Reward financing is made at the expense of the republican budget.
Assistance in combating corruption includes the following:
- report on the fact of committing a corruption offence or crime;
- reporting the whereabouts of the wanted person who committed the corruption offence;
- other assistance that subsequently had significance for the detection, suppression, disclosure and investigation of a corruption offence or crime.
Incentive is granted if the given information corresponds to the facts and the following measures are taken with regard to guilty person:
- court decision on imposing an administrative penalty entered into legal force;
- conviction entered into force;
- decision on the termination of the criminal case on non-rehabilitating grounds was made.
Materials for encouragement are arranged and sent to the anti-corruption service within fifteen working days from the day of the emergence of the right to encouragement and include the following documents:
- request by the anti-corruption body;
- copy of the application registered in the information book, a single register of pre-trial investigations, as well as information on the person's application for a corruption offence or other documents confirming the person's assistance in identifying, suppression, disclosure and investigation of corruption offence;
- copy of the protocol on committing an administrative offence or an order to initiate cases on an administrative offence;
- copy of the court decision imposing an administrative penalty that entered into legal force;
- copy of the protocol of simplified pre-trial proceedings, a conviction that entered into legal force or a resolution to terminate a criminal case on non-rehabilitating grounds;
- copy of the <a href="http://adilet.zan.kz/eng/docs/Z1300000073#z8" title="Documents of Identification" rel="nofollow">documents</a> of identification and bank details of the personal or other account for the one-time money reward.
The Head of the anti-corruption body issues an order of encouragement within five working days after the receipt of the materials. This order is the basis for paying a person the one-time money reward.
Payment of the one-time money reward shall be made within fifteen working days from the date of issuance of the reward order by transfer to a personal or other account.
A person who reported deliberately false information is duly liable in accordance with the Laws of the Republic of Kazakhstan.
Action or inaction of the anti-corruption body to encourage persons who reported a corruption offence or otherwise assisting in combating corruption can be appealed in the court.
Payment of the one-time money reward shall be made within fifteen working days from the date of issuance of the reward order by transfer to a personal or other account.
A person who reported deliberately false information is duly liable in accordance with the Laws of the Republic of Kazakhstan.
Action or inaction of the anti-corruption body to encourage persons who reported a corruption offence or otherwise assisting in combating corruption can be appealed in the court.