(with amendments and additions as of 12/29/2021)



See the order Prime Minister of the Republic of Kazakhstan dated November 24, 2015 No. 113-r "On measures to implement the Laws of the Republic of Kazakhstan dated November 18, 2015 "On combating corruption" and "On Amendments and Additions to Some Legislative Acts of the Republic of Kazakhstan on combating corruption"



Chapter 1. GENERAL PROVISIONS

Article 1. Explanation of some concepts contained in this Law

Article 2. Scope of this Law

Article 3. Legislation of the Republic of Kazakhstan on combating corruption

Article 4. Basic principles of anti-corruption

Article 5. The purpose and objectives of anti-corruption

Chapter 2. ANTI-CORRUPTION MEASURES

Article 6. System of anti-corruption measures

Article 7. Anti-corruption monitoring

Article 8. Analysis of corruption risks

Article 9. Formation of an anti-corruption culture

Article 10. Anti-corruption standards

Article 11. Financial control measures

Article 12. Anti-corruption restrictions

Article 13. Activities incompatible with the performance of State functions

Article 14. Inadmissibility of joint service (work) of close relatives, spouses or relatives

Article 14-1. Inadmissibility of opening, holding accounts (deposits), storing cash and valuables in foreign banks located outside the Republic of Kazakhstan

Article 15. Conflict of interests

Article 16. Anti-corruption measures in the field of entrepreneurship

Article 17. National Anti-Corruption Report

Chapter 3. ANTI-CORRUPTION ENTITIES AND THEIR POWERS

Article 18. Subjects of anti-corruption

Article 19. Employees of the Anti-Corruption Service

Article 20. Competence of the authorized anti-corruption body

Article 21. Powers of the authorized anti-corruption body

Article 22. Powers of state bodies, organizations, quasi-public sector entities and officials to combat corruption

Article 23. Public participation in the fight against corruption

Article 24. Reporting of corruption offenses

Chapter 4. ELIMINATION OF THE CONSEQUENCES OF CORRUPTION OFFENSES

Article 25. Recovery (return) of illegally obtained property or the value of illegally provided services

Article 26. Invalidity of transactions, contracts, acts and actions committed as a result of corruption offenses

Chapter 5. FINAL AND TRANSITIONAL PROVISIONS

Article 26-1. Transitional provisions

Article 27. The procedure for the entry into force of this Law





This Law regulates public relations in the field of combating corruption and is aimed at implementing the anti-corruption policy of the Republic of Kazakhstan.

Chapter 1. GENERAL PROVISIONS



Article 1. Explanation of some concepts contained in this Law

The concepts contained in this Law are applied in the following meaning:



Subparagraph 1 is set out in the wording of the Law of the Republic of Kazakhstan dated 26.11.19 No. 273-VI (see old ed.)

1) administrative and economic functions - the right to manage and dispose of property on the balance sheet of the organization granted in accordance with the procedure established by the law of the Republic of Kazakhstan;



The article was supplemented by subparagraph 1-1 in accordance with the Law of the Republic of Kazakhstan dated 26.11.19 No. 273-VI; amendments were made in accordance with the Law of the Republic of Kazakhstan dated 29.12.21 No. 91-VII (see old ed.)

1-1) a person holding a responsible public position, - the person holding the position that is established 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, including a deputy of the Parliament of the Republic of Kazakhstan, a judge, a Commissioner for Human Rights in the Republic of Kazakhstan, as well as a person holding, according to the legislation of the Republic of Kazakhstan on public service, a political public position or an administrative public position of the corps "A";



Subparagraph 2 is set out in the wording of the Law of the Republic of Kazakhstan dated 26.11.19 No. 273-VI (see old ed.)

2) official - a person who permanently, temporarily or by special authority performs the functions of a representative of authority or performs organizational and administrative or administrative and economic functions in state bodies, local self-government bodies, as well as in the Armed Forces, other troops and military formations of the Republic of Kazakhstan;

See: Regulatory Resolution No. 8 of the Supreme Court of the Republic of Kazakhstan dated November 27, 2015 "On the practice of considering certain corruption crimes"



The article was supplemented by subparagraph 2-1 in accordance with the Law of the Republic of Kazakhstan dated 26.11.19 No. 273-VI

2-1) a person performing managerial functions in a state organization or a quasi-public sector entity is a person who permanently, temporarily or by special authority performs organizational and administrative or administrative-economic functions in these organizations;

See: Answer Chairman of the State Revenue Committee of the Ministry of Finance of the Republic of Kazakhstan dated February 23, 2021 to the question dated January 16, 2021 No. 662265 (dialog.egov.kz ) "Concerning the submission by employees of companies from the quasi-public sector of a Declaration of Assets and Liabilities (f. 250.00)"

3) a person authorized to perform state functions is a civil servant in accordance with the laws of the Republic of Kazakhstan on public service, a deputy of the maslikhat, as well as a person temporarily performing duties provided for by a state position before his appointment to public service;



Subparagraph 4 was amended in accordance with the Law of the Republic of Kazakhstan dated 04/19/19, No. 249-VI (effective August 1, 2019) (see old edition); the Law of the Republic of Kazakhstan dated 07/03/19, No. 262-VI (effective January 1, 2020) (see old edition); the Law RK dated 06.10.20, No. 365-VI (see old ed.)

4) a person equated to persons authorized to perform state functions - a person elected to local self-government bodies; a citizen registered in accordance with the procedure established by the law of the Republic of Kazakhstan as a candidate for President of the Republic of Kazakhstan, deputies of the Parliament of the Republic of Kazakhstan or maslikhats, akims of cities of district significance, settlements, villages, rural districts, and also members of an elected local government body; an employee who permanently or temporarily works in a local self-government body, whose remuneration is made from the funds of the state budget of the Republic of Kazakhstan; a person performing managerial functions in a state organization or a quasi-public sector entity, as well as a person authorized to make decisions on the organization and conduct of procurement, including public procurement, or responsible for the selection and implementation of projects funded from the state budget and the National Fund of the Republic of Kazakhstan, holding a position not lower than the head of an independent structural unit in employees of the National Bank of the Republic of Kazakhstan and its departments; employees of the authorized organization in the field of civil aviation, acting in accordance with the legislation of the Republic of Kazakhstan on the use of the airspace of the Republic of Kazakhstan and aviation activities, employees of the authorized body for regulation, control and supervision of the financial market and financial organizations;

See: Answer Chairman of the SRC of the Ministry of Finance of the Republic of Kazakhstan dated August 28, 2021 to the question dated August 17, 2021 No. 701034/1 (dialog.egov.kz ) "On the declaration of income by employees of a quasi-public sector entity within the framework of universal declaration"



Subparagraph 5 is set out in the wording of the Law of the Republic of Kazakhstan dated 26.11.19 No. 273-VI (see old ed.)

5) conflict of interests - a contradiction between the personal interests of persons holding a responsible public position, persons authorized to perform public functions, persons equated to them, officials and their official powers, in which the personal interests of these persons may lead to non-performance and (or) improper performance of their official duties;

6) corruption - illegal use by persons holding a responsible public position, persons authorized to perform state functions, persons equated to persons authorized to perform state functions, officials of their official (official) powers and related opportunities in order to obtain or extract property (non-property) benefits personally or through intermediaries and advantages for themselves or third parties, as well as the bribery of these persons by providing benefits and advantages;

7) anti-corruption policy - legal, administrative and organizational measures aimed at reducing corruption risks, increasing public confidence in the activities of state bodies, and other measures in accordance with this Law;

8) anti-corruption restrictions - restrictions established by this Law and aimed at preventing corruption offenses;

9) anti-corruption - the activities of anti-corruption entities within their powers to prevent corruption, including the formation of an anti-corruption culture in society, the identification and elimination of causes and conditions conducive to the commission of corruption offenses, as well as the identification, suppression, disclosure and investigation of corruption offenses and elimination of their consequences;



Subparagraph 10 is set out in the wording of the Law of the Republic of Kazakhstan dated 06.04.16 No. 484-V (see old ed.); the Law of the Republic of Kazakhstan dated 06.10.20 No. 365-VI (see old ed.)

10) authorized anti-corruption body - a state body responsible for the formation and implementation of the anti-corruption policy of the Republic of Kazakhstan and coordination in the field of anti-corruption, as well as prevention, detection, suppression, disclosure and investigation of corruption offenses, and its territorial divisions;

11) a corruption offense is an unlawful guilty act (action or omission) that has signs of corruption, for which administrative or criminal liability is established by law;

12) corruption risk - the possibility of causes and conditions that contribute to the commission of corruption offenses;

13) prevention of corruption - the activities of anti-corruption entities to study, identify, limit and eliminate the causes and conditions that contribute to the commission of corruption offenses by developing and implementing a system of preventive measures;



The article was supplemented by subparagraph 14 in accordance with the Law of the Republic of Kazakhstan dated 26.11.19 No. 273-VI

14) organizational and administrative functions - the right granted in accordance with the procedure established by the law of the Republic of Kazakhstan to issue orders and orders binding on subordinates in the service, as well as to apply incentive measures and disciplinary penalties against subordinates.



Article 2. Scope of this Law

1. This Law is valid on the territory of the Republic of Kazakhstan in respect of individuals and legal entities. Outside the Republic of Kazakhstan, this Law applies to citizens of the Republic of Kazakhstan and legal entities registered in the Republic of Kazakhstan, unless otherwise provided by an international treaty ratified by the Republic of Kazakhstan.

2. Criminal liability and punishment for corruption crimes are provided for The Criminal Code of the Republic of Kazakhstan, administrative responsibility and penalties for administrative corruption offenses - the Code of the Republic of Kazakhstan on Administrative Offenses.



Article 3. Legislation of the Republic of Kazakhstan on combating corruption

1. The legislation of the Republic of Kazakhstan on combating corruption is based on The Constitution of the Republic of Kazakhstan and consists of this Law and other regulatory legal acts of the Republic of Kazakhstan.

2. If an international treaty ratified by the Republic of Kazakhstan establishes rules other than those contained in this Law, the rules of the international treaty shall apply.



Article 4. Basic principles of anti-corruption

Anti-corruption is carried out on the basis of the following principles:

1) legality;

2) the priority of protecting the rights, freedoms and legitimate interests of man and citizen;

3) publicity and transparency;

4) interaction between the state and civil society;

5) systematic and comprehensive use of anti-corruption measures;

6) priority application of corruption prevention measures;

7) encouragement of persons providing assistance in combating corruption;

8) the inevitability of punishment for committing corruption offenses.

Article 5. The purpose and objectives of anti-corruption

1. The purpose of combating corruption is to eliminate corruption in society.

2. The achievement of the anti-corruption goal is realized by solving the following tasks:

1) formation of an atmosphere of intolerance to corruption in society;

2) identification of conditions and causes contributing to the commission of corruption offenses, and elimination of their consequences;

3) strengthening the interaction of anti-corruption actors;

4) development of international cooperation in combating corruption;

5) identification, suppression, disclosure and investigation of corruption offenses.

See: The Concept of the Anti-corruption policy of the Republic of Kazakhstan for 2022-2026





Chapter 2. ANTI-CORRUPTION MEASURES



Article 6. System of anti-corruption measures

The system of anti-corruption measures includes:

1) anti-corruption monitoring;

2) analysis of corruption risks;

3) formation of an anti-corruption culture;

The article was supplemented by subparagraph 3-1 in accordance with the Law of the Republic of Kazakhstan dated 26.11.19 No. 273-VI (effective from January 1, 2020)

3-1) conducting scientific anti-corruption expertise of draft regulatory legal acts in accordance with the legislation of the Republic of Kazakhstan;

4) identification of corruption-related norms in the course of legal expertise in accordance with the legislation of the Republic of Kazakhstan;

5) formation and compliance with anti-corruption standards;

6) financial control;

7) anti-corruption restrictions;

8) prevention and resolution of conflicts of interest;

9) anti-corruption measures in the field of entrepreneurship;

10) identification, suppression, disclosure and investigation of corruption offenses;

11) reporting of corruption offenses;

12) elimination of the consequences of corruption offenses;

13) formation and publication of the National Report on Combating Corruption.



Article 7. Anti-corruption monitoring

1. Anti-corruption monitoring is the activity of anti-corruption entities to collect, process, summarize, analyze and evaluate information related to the effectiveness of anti-corruption policy, the state of law enforcement practice in the field of anti-corruption, as well as the perception and assessment of the level of corruption by society.

2. The purpose of anti-corruption monitoring is to assess law enforcement practices in the field of anti-corruption.

3. Sources of anti-corruption monitoring are legal statistics and appeals of individuals and legal entities, information from non-governmental and international organizations, data from opinion polls and publications in the media, as well as other sources of information not prohibited by law.

4. The results of anti-corruption monitoring may be the basis for conducting an analysis of corruption risks, as well as improving measures aimed at forming an anti-corruption culture.

5. The provisions of this article do not apply to the activities of special state bodies.

See: Rules for Anti-corruption Monitoring



Article 8. Analysis of corruption risks

1. Analysis of corruption risks (external and internal) - identification and study of the causes and conditions that contribute to the commission of corruption offenses.



Paragraph 2 was amended in accordance with the Law of the Republic of Kazakhstan dated 03.07.17 No. 86-VI (see old ed.)

2. External analysis of corruption risks is carried out by the authorized anti-corruption body in accordance with the procedure determined by the Government of the Republic of Kazakhstan in coordination with the Administration of the President of the Republic of Kazakhstan in the following areas:

1) identification of corruption risks in regulatory legal acts affecting the activities of state bodies and organizations, quasi-public sector entities;

2) identification of corruption risks in the organizational and managerial activities of state bodies and organizations, subjects of the quasi-public sector.

The authorized anti-corruption body has the right to involve specialists and (or) experts of other anti-corruption entities in conducting an external analysis of corruption risks.

Based on the results of an external analysis of corruption risks, state bodies, organizations and quasi-public sector entities are taking measures to eliminate the causes and conditions of corruption.

3. Paragraph 2 of this article does not apply to relations in the areas of:

1) the highest supervision carried out by the prosecutor's office;

2) pre-trial proceedings in criminal cases;

3) proceedings in cases of administrative offenses;

4) justice;

5) operational and investigative activities;

6) penal enforcement activities;

7) monitoring compliance with the requirements of the legislation of the Republic of Kazakhstan on state secrets.

4. The provisions of paragraph 2 of this Article do not apply to the activities of special state bodies.

5. State bodies, organizations and entities of the quasi-public sector carry out an internal analysis of corruption risks, based on the results of which they take measures to eliminate the causes and conditions that contribute to the commission of corruption offenses.

The standard procedure for conducting an internal analysis of corruption risks is determined by the authorized anti-corruption body.



Article 9. Formation of an anti-corruption culture

1. The formation of an anti-corruption culture is an activity carried out by anti-corruption actors within their competence to preserve and strengthen a value system in society that reflects intolerance to corruption.

2. The formation of an anti-corruption culture is carried out through a set of educational, informational and organizational measures.

3. Anti-corruption education is a continuous process of education and training carried out for the purpose of moral, intellectual, cultural development and the formation of an active civil position of rejection of corruption by a person.

4. Information and organizational activities are carried out by conducting explanatory work in the mass media, organizing socially significant events, state social order in accordance with the legislation of the Republic of Kazakhstan and other measures provided for by the legislation of the Republic of Kazakhstan.



Article 10. Anti-corruption standards

1. Anti-corruption standards - a system of recommendations established for a separate sphere of public relations aimed at preventing corruption.

2. Anti-corruption standards are developed by state bodies, organizations and quasi-public sector entities with the participation of the public and are taken into account when developing legislation and in law enforcement practice.

See: Methodological recommendations for the development of anti-corruption standards (Agency for Civil Service Affairs of the Republic of Kazakhstan and Anti-Corruption, 2016)





Article 11 was put into effect on January 1, 2021

From January 1, 2016 to January 1, 2021, the article was valid in the wording of Article 27 of this Law

See: Letter State Revenue Committee of the Ministry of Finance of the Republic of Kazakhstan dated November 11 , 2020 No. KGD-14-3/7994- And "On the specifics of submitting declarations in the forms 230.00, 240.00 and 250.00 at the first stage of universal declaration from January 1, 2021"

Article 11. Financial control measures



1. In order to implement financial control measures, the persons defined by this Article submit the following declarations of individuals:

1) declaration of assets and liabilities;

2) declaration of income and property.



Paragraph 2 is set out in the wording of the Law of the Republic of Kazakhstan dated 03.07.20 No. 359-VI (see old ed.)

2. The declaration of assets and Liabilities is submitted by:

1) candidates for the President of the Republic of Kazakhstan, deputies of the Parliament of the Republic of Kazakhstan and maslikhats, akims of cities of district significance, towns, villages, rural districts, as well as members of elected local self-government bodies and their spouses - before registration as a candidate;

2) persons who are candidates for a public position or a position related to the performance of state or equivalent functions, and their spouses, with the exception of the persons specified in subparagraph 1) of this paragraph, - before the issuance of an act of an official (body) entitled to appointment to a position, on appointment to a position (according to as of the first day of the month of submission of the declaration).

3. The declaration of income and property is submitted by:

1) persons holding a responsible public position and their spouses;

2) persons authorized to perform state functions and their spouses;

3) officials and their spouses;

4) persons equated to persons authorized to perform state functions and their spouses.

4. In case of acquisition of property determined by the tax legislation of the Republic of Kazakhstan during the reporting calendar year, the persons specified in paragraph 3 of this Article in the income and property declaration reflect information on the sources of covering the costs of acquiring the specified property.

5. The declaration of assets and liabilities is drawn up in accordance with the tax legislation of the Republic of Kazakhstan and is submitted in the form and in the manner determined by the tax legislation of the Republic of Kazakhstan.

6. The declaration of income and property is drawn up in accordance with the tax legislation of the Republic of Kazakhstan and is submitted in the form, in the manner and within the time limits determined by the tax legislation of the Republic of Kazakhstan.

7. Information on the submission by individuals referred to in paragraphs 2 and 3 of this Article of a declaration of assets and liabilities or a declaration of income and property shall be posted on the official Internet resource of the state body in charge of ensuring tax receipts and other mandatory payments to the budget, in accordance with the procedure established by the tax legislation of the Republic of Kazakhstan.



Paragraph 8 was amended in accordance with the Law of the Republic of Kazakhstan dated 03.07.20 No. 359-VI (see old ed.)

8. Failure to submit a declaration of assets and liabilities and (or) a declaration of income and property, or submission of incomplete, unreliable information in such declarations, if the act does not contain signs of a criminal offense:

persons specified in subparagraph 1) of paragraph 2 of this article - is the basis for refusal of registration or cancellation of registration decisions;

by the persons specified in subparagraph 2) of paragraph 2 of this article - is the basis for refusing to grant the person the appropriate powers;

persons specified in paragraph 3 of this Article - entails liability provided for by the Code of the Republic of Kazakhstan on Administrative Offenses.



9. The information reflected in the declarations of individuals submitted by the following persons and their spouses shall be published no later than December 31 of the year following the reporting calendar year:

1) holding political public positions;

2) holding administrative public positions of corps "A";

3) deputies of the Parliament of the Republic of Kazakhstan;

The paragraph was supplemented by subparagraph 3-1 in accordance with the Law of the Republic of Kazakhstan dated 29.12.21 No. 91-VII

3-1) Commissioner for Human Rights in the Republic of Kazakhstan;

4) judges of the Republic of Kazakhstan;

5) persons performing managerial functions in quasi-public sector entities.

The list of information to be published is determined by the authorized anti-corruption body.

The information specified in part two of this paragraph is posted by the personnel management services (HR services) of state bodies, organizations, the Parliament of the Republic of Kazakhstan and the Supreme Court of the Republic of Kazakhstan on their official Internet resources.

See: Answer Chairman of the State Revenue Committee of the Ministry of Finance of the Republic of Kazakhstan dated December 8, 2021 to the question dated November 30, 2021 No. 717176 (dialog.egov.kz ) "Persons performing managerial functions in quasi-public sector entities and their spouses, no later than December 31, 2022, publish the information reflected in the declaration submitted by 2021"



10. The requirements of paragraph 7 and sub-paragraphs 1) and 2) of paragraph 9 of this Article do not apply to information constituting state secrets.

11. Individuals and legal entities that participate in the performance of functions for the management of state property, submit in the manner and within the time limits established By the Government of the Republic of Kazakhstan, reports on all property transactions and financial activities related to state property to the state body exercising the rights of the owner in relation to state property.

12. The information received by the state revenue bodies provided for by this Article is a secret protected by law in accordance with the legislation of the Republic of Kazakhstan. Their disclosure entails liability in accordance with the laws of the Republic of Kazakhstan.

13. Information constituting official and tax secrets shall be submitted to the authorized financial monitoring body for the purposes and in accordance with the procedure provided for by the Law of the Republic of Kazakhstan "On Countering the Legalization (Laundering) of Proceeds from Crime and the Financing of Terrorism".

Notes. Excluded in accordance with the Law of the Republic of Kazakhstan dated 26.11.19, No. 273-VI (see old ed.)

See: Regulatory Resolution No. 8 of the Supreme Court of the Republic of Kazakhstan dated November 27, 2015 "On the practice of considering certain corruption crimes"



Article 12. Anti-corruption restrictions



Paragraph 1 was amended in accordance with the Law of the Republic of Kazakhstan dated 19.12.20 No. 384-VI (see old ed.)

1. In order to prevent persons holding a responsible public position, persons authorized to perform state functions, persons equated to them (except for candidates for 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 local self-government bodies), officials, as well as persons who are candidates authorized to perform these functions, perform actions, which may lead to the use of their powers in personal, group and other non-official interests, these persons, taking into account the specifics established by Articles 13, 14, 14-1 and 15 of this Law, assume anti-corruption restrictions on:

1) carrying out activities incompatible with the performance of state functions;

2) inadmissibility of joint service (work) close relatives, spouses and relatives;

3) the use of official and other information that is not subject to official dissemination in order to obtain or extract property and non-property benefits and advantages;



Subparagraph 4 is set out in the wording of the Law of the Republic of Kazakhstan dated 26.11.19 No. 273-VI (see old ed.); the Law of the Republic of Kazakhstan dated 06.10.20 No. 365-VI (see old ed.)

4) acceptance of material remuneration, gifts or services for actions (inaction) in favor of the persons who provided them, if such actions are included in the official powers of the persons specified in the first paragraph of this paragraph, or these persons, by virtue of their official position, can contribute to such actions (inaction);



The paragraph was supplemented by subparagraph 5 in accordance with the Law of the Republic of Kazakhstan dated 19.12.20 No. 384-VI

5) opening and holding accounts (deposits) in foreign banks located outside the Republic of Kazakhstan, storing cash and valuables in foreign banks located outside the Republic of Kazakhstan.

2. Laws regulating the procedure for performing certain state functions may establish other legal norms providing for restrictions aimed at preventing corruption.



Paragraph 3 was amended in accordance with the Law of the Republic of Kazakhstan dated 06.10.20 No. 365-VI (see old ed.)

3. The consent of the persons specified in the first paragraph of paragraph 1 of this Article to the adoption of anti-corruption restrictions is recorded by the personnel management services (HR services) of the relevant organizations in writing.



Paragraph 4 was amended in accordance with the Law of the Republic of Kazakhstan dated 06.10.20 No. 365-VI (see old ed.)

4. Non-acceptance of anti-corruption restrictions by the persons specified in the first paragraph of paragraph 1 of this article entails refusal to accept a position or dismissal from office (dismissal from office), their non-compliance in cases of absence of signs of a criminally punishable act and an administrative offense is the basis for termination of their public service or other relevant activities.



The article was supplemented by paragraph 5 in accordance with the Law of the Republic of Kazakhstan dated 06.10.20 No. 365-VI

5. Family members of the person specified in the first paragraph of paragraph 1 of this Article are not entitled to receive material remuneration, gifts or services provided for the actions (inaction) of this person in favor of the persons who provided material remuneration, gifts or services, if such actions (inaction) are included in the official powers of this person or it is in by virtue of his official position, he may contribute to such actions (inaction).

Note. In this Law, the family members of the person referred to in the first paragraph of paragraph 1 of this Article are understood to be his spouse, parents, children, including adults, and persons who are dependent and permanently residing with him.



The article was supplemented by paragraph 6 in accordance with the Law of the Republic of Kazakhstan dated 06.10.20 No. 365-VI

6. Money received into the account of the persons specified in the first paragraph of paragraph 1 of this Article and (or) their family members 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, shall be transferred to the republican budget with the submission of an explanation to the relevant state revenue authority about the circumstances of receipt of such funds.

Gifts received without the knowledge of the persons specified in the first paragraph 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 gratuitous transfer to the authorized state property management body within seven calendar days from the date of receipt of the gift or from the day when the person specified in the first paragraph of paragraph 1 of this article became aware of the receipt of the gift, and the services rendered to the specified persons under the same circumstances must be paid by transferring money to the republican budget within seven calendar days from the date of rendering the service or from the day when the person specified in the first paragraph of paragraph 1 of this article became aware of the provision of the service.

The person who has transferred the gift to the authorized state property management body has the right, with the notification of a higher official, to redeem it at the cost determined in accordance with the Law of the Republic of Kazakhstan "On Appraisal Activities in the Republic of Kazakhstan", on the basis of a purchase and sale agreement concluded with the authorized state property management body. The proceeds from the sale of gifts are transferred to the republican budget.



Article 13. Activities incompatible with the performance of State functions



Paragraph 1 was amended in accordance with the Law of the Republic of Kazakhstan dated 22.01.16 No. 446-V (see old ed.)

1. Persons holding a responsible state position, persons authorized to perform state functions (with the exception of deputies of maslikhats who do not carry out their activities on a permanent or exempt basis), persons equated to persons authorized to perform state functions (with the exception of candidates for President of the Republic of Kazakhstan, deputies of the Parliament of the Republic of Kazakhstan or maslikhats, mayors of cities of district significance, settlements, villages, rural districts, as well as members of elected local self-government bodies, persons, carrying out activities in quasi-public sector entities), officials are prohibited from:

1) independently participate in the management of an economic entity, if the management or participation in the management of an economic entity is not included in their official duties in accordance with the laws of the Republic of Kazakhstan, to promote the satisfaction of the material interests of organizations or individuals through the misuse of their official powers in order to obtain property or other benefits;

2) engage in entrepreneurial activity, except for the acquisition and (or) sale of shares of open and interval mutual investment funds, bonds on the organized securities market, shares of commercial organizations (common shares in the amount not exceeding five percent of the total number of voting shares of organizations) on the organized securities market;

3) engage in other paid activities, except for pedagogical, scientific and other creative activities.

See: Answer Minister of Culture and Sports of the Republic of Kazakhstan dated February 28, 2020 to the question dated December 25 , 2019 No. 587130 (dialog.egov.kz ) "On attributing the activity of creating or conducting a TV show, radio show, blog or vine to creative activity"

2. Excluded in accordance with the Law of the Republic of Kazakhstan dated 26.11.19 No. 273-VI (see old ed.)



Paragraph 3 was amended in accordance with the Law of the Republic of Kazakhstan dated 26.11.19 No. 273-VI (see old ed.)

3. The persons referred to in paragraph 1 of this Article have the right to lease (lease) a dwelling belonging to them on the right of ownership and receive income from such rental.



Paragraph 4 was amended in accordance with the Law of the Republic of Kazakhstan dated 26.11.19 No. 273-VI (see old edition); the Law of the Republic of Kazakhstan dated 03.07.19 No. 262-VI (effective from January 1, 2020) (see old edition)

4. 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, are obliged to transfer to trust management in accordance with the procedure established by the laws of the Republic of Kazakhstan, the shares of investment funds, bonds and shares of commercial organizations, acquired prior to their appointment to positions.

Failure by the specified persons to fulfill the obligations provided for in this paragraph is the basis for the termination of their respective activities.

5. 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 accordance with the procedure established by the laws of the Republic of Kazakhstan, the property belonging to them, the use of which entails income, except for money, bonds, shares of open and interval shares investment funds legally owned by these persons, as well as property transferred to the property lease.

6. The contract for the trust management of property is subject to notarization.



Paragraph 7 is set out in the wording of the Law of the Republic of Kazakhstan dated 26.11.19 No. 273-VI (see old ed.)

7. In case of acquisition of shares (shares) in the authorized capital of commercial organizations and other property, the use of which entails 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 within thirty calendar days from the date of acquisition in accordance with the procedure, established by the laws of the Republic of Kazakhstan, and submit to the personnel management service (HR service) at the place of work a copy of the notarized contract for the trust management of property within ten working days after the notarization of the contract.

See: Answer Chairman of the Anti-Corruption Agency of the Republic of Kazakhstan dated February 22, 2022 to the question dated February 10, 2022 No. 726440 (dialog.egov.kz ) "On the possibility of acquisition by a civil servant of a share in an LLP with its subsequent transfer to trust management"



Paragraph 8 is set out in the wording of the Law of the Republic of Kazakhstan dated 26.11.19 No. 273-VI (see old ed.)

8. Failure to fulfill the obligations provided for in paragraphs 5 and 7 of this Article by the persons specified in paragraph 1 of this Article is the basis for their termination of public service or other relevant activities.



Article 14. Inadmissibility of joint service (work) of close relatives, spouses or relatives

Paragraph 1 is set out in the wording of the Law of the Republic of Kazakhstan dated 26.11.19 No. 273-VI (see old ed.); the Law of the Republic of Kazakhstan dated 06.10.20 No. 365-VI (see old ed.)

1. Persons holding a responsible state position, persons authorized to perform state functions (with the exception of deputies of maslikhats who do not carry out their activities on a permanent or exempt basis), and persons equated to persons authorized to perform state functions (with the exception of presidential candidates of the Republic of Kazakhstan, deputies of the Parliament of the Republic of Kazakhstan or maslikhats, akims cities of district significance, towns, villages, rural districts, as well as members of elected local self-government bodies), officials may not hold positions that are directly subordinate to positions held by their close relatives, spouse and (or) relatives, as well as have close relatives, spouse and (or) relatives in direct subordination.

The article was supplemented with paragraph 1-1 in accordance with the Law of the Republic of Kazakhstan dated 06.10.20 No. 365-VI

1-1. Persons who are candidates for a public position or a position related to the performance of state or equivalent functions are obliged to notify in writing the management of the organization for which they are applying for the position of close relatives, spouse and (or) relatives working in this organization.

2. Persons violating the requirements of paragraph 1 of this Article, if they do not eliminate it voluntarily within three months from the moment of detection of the said violation, are subject to transfer to positions excluding such subordination, and if such transfer is impossible, one of these employees is subject to dismissal from office or other exemption from these functions.

The note is set out in the wording of the Law of the Republic of Kazakhstan dated 06.10.20 No. 365-VI (see old ed.)

Note. In this Law, close relatives are understood to mean parents (parent), children, adoptive parents (adoptive parents), adopted (adopted), full- and half-siblings, grandparents, grandchildren, relatives - full- and half-siblings, parents and children of a spouse.





The Law was supplemented by Article 14-1 in accordance with the Law of the Republic of Kazakhstan dated 19.12.20 No. 384-VI

Article 14-1. Inadmissibility of opening, holding accounts (deposits), storing cash and valuables in foreign banks located outside the Republic of Kazakhstan

1. Persons holding a responsible state position, persons authorized to perform state functions (with the exception of deputies of maslikhats), officials are prohibited from opening and having accounts (deposits) in foreign banks located outside the Republic of Kazakhstan, storing cash and valuables in foreign banks located outside the Republic of Kazakhstan.

Note. The restriction provided for in this paragraph does not apply to branches of non-resident banks of the Republic of Kazakhstan located on the territory of the Republic of Kazakhstan.

2. The persons referred to in paragraph 1 of this Article, within six months from the date of taking office or the disappearance of the circumstances specified in paragraph 4 of this Article, are obliged to close accounts (deposits) in foreign banks located outside the Republic of Kazakhstan, and (or) stop storing cash and valuables in foreign banks, located outside the Republic of Kazakhstan.

In the event that the persons referred to in paragraph 1 of this article cannot fulfill the requirements provided for in part one of this paragraph in connection with the arrest, prohibition of orders imposed by the competent authorities of a foreign state in accordance with the legislation of that foreign state in whose territory accounts (deposits) are located and (or) cash is being stored money and valuables in a foreign bank, or in connection with circumstances of force majeure (natural phenomena, military actions, state of emergency, the impossibility of early termination of the bank account agreement (deposit) and other circumstances) that do not depend on the will of the persons specified in paragraph 1 of this article, such requirements must be met within six months from the date of termination of the arrest, prohibition of disposal or termination of other circumstances with the submission of documents confirming the relevant facts.

3. In case of receiving as a result of acceptance of inheritance in accordance with the legislation of the Republic of Kazakhstan or the legislation of a foreign state by the persons specified in paragraph 1 of this Article, accounts (deposits), cash and valuables in foreign banks located outside the Republic of Kazakhstan, in possession and (or) use, these persons are obliged within six months close accounts (deposits) and (or) stop storing cash and valuables in foreign banks located outside the Republic of Kazakhstan within months from the date of acceptance of the inheritance.

4. The provisions of paragraphs 1, 2 and 3 of this Article do not apply to persons referred to in paragraph 1 of this Article, sent to work in foreign institutions, representative offices of the Republic of Kazakhstan and international organizations from the Republic of Kazakhstan, as well as seconded to these organizations, for the period of work in these organizations or studying abroad, or undergoing internship abroad abroad, or being on a business trip abroad, or undergoing treatment abroad, or being abroad as a legal representative of a minor child or as a guardian or trustee of an adult for the period of study or treatment of the relevant person abroad.

5. Within the time limits provided for in this Article, the persons referred to in paragraph 1 of this Article have the right to submit an application for termination of public service or other relevant activities at their own request.



Article 15. Conflict of interest

1. Persons holding a responsible state position, persons authorized to perform state functions, persons equated to persons authorized to perform state functions, officials are prohibited from performing official duties if there is a conflict of interests.

2. The persons referred to in paragraph 1 of this Article must take measures to prevent and resolve conflicts of interest.

3. The persons referred to in paragraph 1 of this Article are obliged to notify in writing the immediate supervisor or the management of the organization in which they work about the conflict of interests that has arisen or about the possibility of its occurrence as soon as they become aware of it.

The direct head or the management of the organization on the appeals of the persons referred to in paragraph 1 of this article, or when receiving information from other sources, are obliged to take the following measures in a timely manner to prevent and resolve conflicts of interest:

1) remove the persons referred to in paragraph 1 of this article from the performance of official duties and entrust another person with the performance of official duties on an issue in connection with which a conflict of interests has arisen or may arise;

2) change job responsibilities;

3) take other measures to eliminate the conflict of interests.

See: Methodological guide on conflict of interests in the Civil service of the Republic of Kazakhstan (Ministry of Civil Service Affairs of the Republic of Kazakhstan, 2016)





Article 16. Anti-corruption measures in the field of entrepreneurship

1. Business entities, when carrying out their activities, take measures to prevent corruption, including minimizing the causes and conditions that contribute to the commission of corruption offenses, by:

1) establishment of organizational and legal mechanisms that ensure accountability, accountability and transparency of decision-making procedures;

2) compliance with the principles of fair competition;

3) prevention of conflicts of interest;

4) acceptance and compliance with business ethics standards;

5) taking measures to form an anti-corruption culture;

6) interaction with state bodies and other organizations on the prevention of corruption.

2. Standards for the prevention of corruption for business entities may be developed and adopted by associations (associations, unions) of business entities.



The article was supplemented by paragraph 3 in accordance with the Law of the Republic of Kazakhstan dated 06.10.20 No. 365-VI; amendments were made in accordance with the Law of the Republic of Kazakhstan dated 08.06.21 No. 48-VII (effective from January 1, 2022) (see old ed.)

3. In the subjects of the quasi-public sector, structural units are defined that perform the functions of anti-corruption compliance services, the main task of which is to ensure compliance by the relevant organization and its employees with the legislation of the Republic of Kazakhstan on combating corruption.

The Anti-Corruption Compliance Service exercises its powers independently of the executive body, officials of a quasi-public sector entity, is accountable to the Board of Directors, the supervisory board (if any) or other independent management body and is independent in ensuring compliance with the requirements of the legislation of the Republic of Kazakhstan on combating corruption. The competence, organization and procedure of the anti-corruption compliance service are determined by an internal act of a quasi-public sector entity.

See: Order The Minister of Energy of the Republic of Kazakhstan dated December 9, 2021 No. 384 "On anti-corruption compliance"

Business entities that are not subjects of the quasi-public sector have the right to create anti-corruption compliance services.



Article 17. National Anti-Corruption Report

1. The National Anti-Corruption Report is a document containing an analysis and assessment of the state and trends in the spread of corruption at the international and national levels, proposals for the formation, implementation and improvement of anti-corruption policy.



Paragraph 2 is set out in the wording of the Law of the Republic of Kazakhstan dated 06.04.16 No. 484-V (see old ed.); the Law of the Republic of Kazakhstan dated 26.11.19 No. 273-VI (see old ed.)

2. The authorized Anti-corruption body annually forms a National Anti-Corruption Report and submits it to the President of the Republic of Kazakhstan.

3. The National Anti-Corruption Report is formed on the basis of the results of the work of the authorized anti-corruption body and the activities of state bodies, individuals and legal entities on anti-corruption issues.

4. The procedure for preparation, submission of the National Report on Combating Corruption to the President of the Republic of Kazakhstan and its publication shall be approved by the President of the Republic of Kazakhstan.





Chapter 3. SUBJECTS OF ANTI-CORRUPTION AND THEIR POWERS



Article 18. Subjects of anti-corruption

The subjects of anti-corruption include:

1) authorized anti-corruption body;

2) other anti-corruption entities - state bodies, quasi-public sector entities, public associations, as well as other individuals and legal entities.





Article 19 is set out in the wording of the Law of the Republic of Kazakhstan dated 06.10.20 No. 365-VI (see old ed.)

Article 19. Employees of the Anti-Corruption Service

Employees of the anti-corruption service in the performance of their official duties have the powers established by the Law of the Republic of Kazakhstan "On Law Enforcement Service" and other laws of the Republic of Kazakhstan.





Article 20. Competence of the authorized anti-corruption body

The authorized anti-corruption body performs the following functions:

1) development of proposals to improve the regulatory legal framework in the field of combating corruption, as well as the adoption of regulatory legal acts in accordance with the procedure established by the legislation of the Republic of Kazakhstan within its competence;

2) identification of the causes and conditions contributing to the commission of corruption offenses in the activities of state bodies, organizations and quasi-public sector entities, in accordance with this Law;

3) submitting recommendations for the consideration of the Government of the Republic of Kazakhstan on minimizing and eliminating the causes and conditions of corruption in the activities of state bodies, organizations and quasi-public sector entities;



Subparagraph 4 is set out in the wording of the Law of the Republic of Kazakhstan dated 06.04.16 No. 484-V (see old ed.); the Law of the Republic of Kazakhstan dated 26.11.19 No. 273-VI (see old ed.)

4) annual submission of the National Anti-Corruption Report to the President of the Republic of Kazakhstan;



The article was supplemented by subparagraph 4-1 in accordance with the Law of the Republic of Kazakhstan dated 26.11.19 No. 273-VI

4-1) formation and coordination of anti-corruption policy, coordination of the activities of state bodies and organizations in the prevention of corruption, minimizing the causes and conditions conducive to the commission of corruption offenses;



The article was supplemented by subparagraph 4-2 in accordance with the Law of the Republic of Kazakhstan dated 26.11.19 No. 273-VI

4-2) assessing the level of corruption and conducting sociological studies necessary to determine the level of corruption in the public and private sectors;

5) monitoring of the implementation by state bodies, organizations, quasi-public sector entities of recommendations on the elimination of causes and conditions conducive to the commission of corruption offenses, made based on the results of an external analysis of corruption risks;

6) monitoring the sale of property confiscated in criminal cases of corruption crimes and acquired with funds obtained by criminal means, as a rule, with the subsequent publication of information about its circulation to the state revenue;

7) study and dissemination of positive experience in combating corruption;

8) development of proposals for improving educational programs in the field of anti-corruption culture formation;

9) assistance and provision of methodological assistance to anti-corruption entities in the implementation of educational programs on anti-corruption education and upbringing, information and explanatory activities, execution of the state social order aimed at the formation of an anti-corruption culture;

10) interaction with other state bodies, individuals and legal entities in the main areas of activity of the authorized anti-corruption body;

11) participation in the preparation of drafts of international treaties on anti-corruption issues, interaction with the relevant authorities of foreign states on anti-corruption issues, participation within their powers in the activities of international organizations;

12) other functions assigned by the laws of the Republic of Kazakhstan, as well as acts of the President of the Republic of Kazakhstan.



Article 21. Powers of the authorized anti-corruption body

1. The authorized body for combating corruption in the performance of its functions:



Subparagraph 1 is set out in the wording of the Law of the Republic of Kazakhstan dated 26.11.19 No. 273-VI (see old ed.)

1) requests information and materials from state bodies, organizations, quasi-public sector entities and officials in accordance with the procedure established by the legislation of the Republic of Kazakhstan;

2) in cases of detection of violations of the legislation of the Republic of Kazakhstan on combating corruption, take measures in accordance with the procedure established by law to eliminate them;

3) determines the procedure for conducting anti-corruption monitoring;

Paragraph 1 was supplemented by subparagraph 3-1 in accordance with the Law of the Republic of Kazakhstan dated 06.04.16 No. 484-V

3-1) draws up protocols and considers cases of administrative offenses in accordance with the procedure established by The Code of the Republic of Kazakhstan on Administrative Offences;



Subparagraph 4 is set out in the wording of the Law of the Republic of Kazakhstan dated 06.10.20 No. 365-VI (see old ed.)

4) exercise other powers assigned by the laws of the Republic of Kazakhstan, as well as acts of the President of the Republic of Kazakhstan.

Paragraph 2 was amended in accordance with the Law of the Republic of Kazakhstan dated 06.10.20 No. 365-VI (see old ed.)

2. The Anti-Corruption Service, within the limits of its powers, has the right:



Subparagraph 1 is set out in the wording of the Law of the Republic of Kazakhstan dated 06.04.16 No. 484-V (see old ed.)

1) to analyze the practice of operational investigative and investigative activities, pre-trial investigation of corruption crimes;

2) according to the criminal cases available in the proceedings, subject to the drive of persons who evade the appearance on call;

3) to seize or seize documents, goods, objects or other property in accordance with the criminal procedure legislation of the Republic of Kazakhstan and (or) the legislation of the Republic of Kazakhstan on administrative offenses;

4) use temporary detention facilities, pre-trial detention facilities in accordance with the procedure provided for by the legislation of the Republic of Kazakhstan;



Subparagraph 5 is set out in the wording of the Law of the Republic of Kazakhstan dated 06.10.20 No. 365-VI (see old ed.)

5) make representations to state bodies, organizations or persons performing managerial functions in them on taking measures to eliminate the circumstances that contributed to the commission of a criminal offense or the elimination of other violations of the law, in accordance with the procedure established by the criminal procedure legislation of the Republic of Kazakhstan;

6) excluded in accordance with the Law of the Republic of Kazakhstan dated 06.04.16 No. 484-V (see old ed.)



Subparagraph 7 is set out in the wording of the Law of the Republic of Kazakhstan dated 06.10.20 No. 365-VI (see old ed.)

7) require the production of audits, tax and other audits, audits and assessments from authorized bodies, officials and subjects of the quasi-public sector in cases provided for by the legislation of the Republic of Kazakhstan;



Subparagraph 8 is set out in the wording of the Law of the Republic of Kazakhstan dated 06.04.16 No. 484-V (see old ed.)

8) improve the forms and methods of combating corruption crimes, determine the strategy and tactics of operational investigative activities, develop and implement measures to improve its effectiveness;

9) in accordance with the legislation of the Republic of Kazakhstan, create and use information systems that ensure the solution of the tasks assigned to it, organize research during pre-trial investigation, proceedings in cases of administrative offenses in accordance with the procedure established by law;

10) escort detainees and persons in custody;



Subparagraph 11 is set out in the wording of the Law of the Republic of Kazakhstan dated 06.10.20 No. 365-VI (see old ed.)

11) exercise other rights assigned by the laws of the Republic of Kazakhstan, as well as acts of the President of the Republic of Kazakhstan.





Article 22. Powers of state bodies, organizations, quasi-public sector entities and officials to combat corruption

1. All state bodies, organizations, quasi-public sector entities and officials are obliged to conduct anti-corruption within their competence.



The article was supplemented with paragraph 1-1 in accordance with the Law of the Republic of Kazakhstan dated 26.11.19 No. 273-VI

1-1. Heads of state bodies, organizations, quasi-public sector entities are subject to disciplinary responsibility in accordance with the laws of the Republic of Kazakhstan for non-performance or improper performance of official duties to prevent the commission of corruption offenses by subordinate employees.



Paragraph 2 has been amended in accordance with By the Law of the Republic of Kazakhstan dated 28.12.18 No. 210-VI (see old ed.)

2. Detection, suppression, disclosure, investigation and prevention of corruption offenses and bringing the persons responsible for their commission to responsibility within their competence are carried out by the Prosecutor's Office, national security, internal affairs, military police, economic investigation Service, Border Service of the National Security Committee of the Republic of Kazakhstan.



Article 23. Public participation in the fight against corruption

Individuals, public associations and other legal entities apply the following measures to combat corruption:

1) report the facts of corruption offenses known to them in accordance with the procedure established by the legislation of the Republic of Kazakhstan;

2) make proposals to improve legislation and law enforcement practice on anti-corruption issues;

3) participate in the formation of an anti-corruption culture;

4) interact with other anti-corruption entities and the authorized anti-corruption body;

5) request and receive information on anti-corruption activities from state bodies in accordance with the procedure established by the legislation of the Republic of Kazakhstan;

6) conduct research, including scientific and sociological, on anti-corruption issues;

7) carry out explanatory work in the mass media and organize socially significant events on anti-corruption issues.



Article 24. Reporting of corruption offenses



Paragraph 1 is set out in the wording of the Law of the Republic of Kazakhstan dated 06.10.20 No. 365-VI (see old ed.)

1. A person who has information about a corruption offense being prepared, committed or committed, informs the superior head and (or) the management of the state body or organization of which he is an employee, and (or) authorized state bodies about it.



Paragraph 2 is set out in the wording of the Law of the Republic of Kazakhstan dated 06.10.20 No. 365-VI (see old ed.)

2. The superior head, the management of a state body, organization, authorized state bodies are obliged to take measures on the received report of a corruption offense in accordance with the laws of the Republic of Kazakhstan.

3. A person who has reported the fact of a corruption offense or otherwise assists in combating corruption is protected by the state and is encouraged in accordance with the procedure established by the Government of the Republic of Kazakhstan.

The provisions of this paragraph do not apply to persons who have reported knowingly false information about the fact of a corruption offense, who are liable in accordance with the law.

4. Information about the person providing assistance in combating corruption is a state secret and is provided in accordance with the procedure established by law. Disclosure of this information entails liability established by law.

Chapter 4. ELIMINATION OF THE CONSEQUENCES OF CORRUPTION OFFENSES



Article 25. Recovery (return) of illegally obtained property or the value of illegally provided services

1. In cases of refusal to voluntarily hand over illegally obtained property or pay to the state its cost or the cost of illegally obtained services as a result of corruption offenses, their recovery is carried out on the basis of a court decision that has entered into legal force, at the request of the prosecutor, state revenue bodies or other state bodies and officials authorized by law. These bodies, before the court makes a decision, take measures to preserve the property belonging to the offender.

2. In the cases specified in paragraph 1 of this Article, the prosecutor, state revenue bodies or other state bodies and officials authorized by law to do so, within the time limits established by law, apply to the court with a claim for the conversion of illegally obtained property and (or) recovery of the cost of illegally obtained services to the state income.

3. If illegally obtained property or the cost of illegally provided services is not recovered from a person holding a responsible public position, a person authorized to perform state functions, and a person equated to a person authorized to perform state functions, and an official at the time of dismissal or other exemption from performing the relevant functions, an official or a body accepting the decision on such release is sent to the state revenue authorities at the place of residence of the guilty person notification of the illegal income received.



Paragraph 4 is set out in the wording of the Law of the Republic of Kazakhstan dated 06.10.20 No. 365-VI (see old ed.)

4. Accounting, storage, evaluation and further use of the surrendered property shall be carried out in accordance with the procedure established by the Government of the Republic of Kazakhstan.



Article 26. Invalidity of transactions, contracts, acts and actions committed as a result of corruption offenses

1. Transactions, contracts committed as a result of corruption offenses shall be recognized by the court as invalid in accordance with the procedure established by the law of the Republic of Kazakhstan upon the claim of authorized state bodies, interested persons or the prosecutor.

2. The adoption of acts and the commission of actions as a result of corruption offenses are grounds for their cancellation (invalidation) by persons authorized to cancel (terminate) the relevant acts, or in court at the request of interested persons or the prosecutor.







The title of Chapter 5 is set out in the wording of the Law of the Republic of Kazakhstan dated 19.12.20 No. 384-VI (see old ed.)

Chapter 5. FINAL AND TRANSITIONAL PROVISIONS





The chapter is supplemented by Article 26-1 in accordance with the Law of the Republic of Kazakhstan dated 19.12.20 No. 384-VI

Article 26-1. Transitional provisions

1. Within six months from the date of entry into force of the anti-corruption restriction provided for in subparagraph 5) of paragraph 1 of Article 12 and Article 14-1 of this Law, persons subject to this anti-corruption restriction are obliged to close accounts (deposits) in foreign banks located outside the Republic of Kazakhstan and (or) stop storing cash money and valuables in foreign banks located outside the Republic of Kazakhstan.

2. If the persons referred to in paragraph 1 of this Article cannot fulfill the requirements provided for in paragraph 1 of this article in connection with the arrest, prohibition of orders imposed by the competent authorities of a foreign state in accordance with the legislation of that foreign state in whose territory the accounts (deposits) are located and (or) storage is carried out cash and valuables in a foreign bank, or in connection with circumstances of force majeure (natural phenomena, military actions, state of emergency, the impossibility of early termination of the bank account agreement (deposit) and other circumstances) that do not depend on the will of the persons specified in paragraph 1 of this article, such requirements must be met within six months from the date of termination of the arrest, prohibition of disposal or termination of other circumstances with the submission of documents confirming the relevant facts.

3. Failure to fulfill the obligations provided for in this Article by the persons referred to in paragraph 1 of this Article is the basis for termination of their public service or other relevant activities.

During the period provided for in paragraph 2 of this article, the persons referred to in paragraph 1 of this article have the right to submit an application for termination of public service or other relevant activities at their own request.



Article 27. The procedure for the entry into force of this Law

1. This Law shall enter into force on January 1, 2016, with the exception of:



Subparagraph 1 is set out in the wording of the Law of the Republic of Kazakhstan dated 30.11.16 No. 26-VI (effective from January 1, 2017) (see old ed.); amendments were made in accordance with the Law of the Republic of Kazakhstan dated 03.07.19 No. 262-VI (see old ed.)

1) Article 11, which comes into force on January 1, 2021;

2) excluded in accordance with the Law of the Republic of Kazakhstan dated 30.11.16 No. 26-VI (effective from January 1, 2017) (see old ed.)

2. Excluded in accordance with the Law of the Republic of Kazakhstan dated 30.11.16 No. 26-VI (effective from January 1, 2017) (see old ed.)



Paragraph 3 was amended in accordance with the Law of the Republic of Kazakhstan dated 30.11.16 No. 26-VI (effective from January 1, 2017) (see old ed.) By the Law of the Republic of Kazakhstan dated 28.12.18, No. 210-VI (see old ed.); by the Law of the Republic of Kazakhstan dated 03.07.19, No. 262-VI (see old ed.)

3. To establish that from the date of entry into force of this Law until January 1, 2021, Article 11 is valid in the following wording:



"Article 11. Financial control measures

1. Persons who are candidates for a state position or a position related to the performance of state or equivalent functions shall submit to the state revenue body at the place of residence:

declaration of income and property that is subject to taxation, including those located outside the territory of the Republic of Kazakhstan, indicating the location of the specified property;

information about:

deposits in banking institutions and securities, including outside the territory of the Republic of Kazakhstan, indicating the banking institution, as well as financial resources that these persons have the right to dispose of personally or jointly with other persons;

their participation as a shareholder or founder (participant) of legal entities with an indication of the share of participation in the authorized capital and full banking or other details of these organizations;

trusts and the states in which they are registered, indicating the numbers of the relevant bank accounts, if the person or his spouse is the beneficiary of these trusts;

names and details of other organizations that have contractual relations, agreements and obligations (including oral ones) with the person for the maintenance or temporary storage of material and financial assets belonging to the person or spouse in an amount exceeding a thousandfold of the monthly calculation index.

2. Persons holding public office, annually during the period of performance of their powers in accordance with the procedure established by the tax legislation of the Republic of Kazakhstan, submit to the state revenue body at the place of residence a declaration on income and property that is subject to taxation and located both on the territory of the Republic of Kazakhstan and abroad.

3. Persons dismissed from public service for negative reasons, within three years after dismissal in accordance with the procedure established by the tax legislation of the Republic of Kazakhstan, submit to the state revenue body at the place of residence a declaration on income and property that is subject to taxation and located both on the territory of the Republic of Kazakhstan and abroad.

4. The spouse of the person referred to in paragraph 1 of this Article shall submit to the state revenue body at the place of residence:

declaration of income and property that is subject to taxation, including those located outside the territory of the Republic of Kazakhstan, indicating the location of the specified property;

information about:

deposits in banking institutions and securities, including outside the territory of the Republic of Kazakhstan, indicating the banking institution, as well as financial resources that these persons have the right to dispose of personally or jointly with other persons;

their participation as a shareholder or founder (participant) of legal entities with an indication of the share of participation in the authorized capital and full banking and other details of these organizations;

trusts and the states in which they are registered, indicating the numbers of the relevant bank accounts, if the person or his spouse is the beneficiary of these trusts;

names and details of other organizations that have contractual relations, agreements and obligations (including oral ones) with the person for the maintenance or temporary storage of material and financial assets belonging to the person or spouse and exceeding a thousand times the monthly calculation index.

5. The spouse of the person referred to in paragraphs 2 and 3 of this Article shall submit to the state revenue body at the place of residence a declaration on income and property that is subject to taxation and located both on the territory of the Republic of Kazakhstan and abroad.

6. Family members of a person who is a candidate for service in a special state body shall submit a declaration and information specified in paragraph 4 of this article to the state revenue body at the place of residence.

Note. Under the family members of a person who is a candidate for service in a special state body, in this paragraph, the spouse, adult children and persons who are dependent on him and permanently residing with him are recognized.

7. The persons referred to in paragraphs 1 and 2 of this Article shall submit, respectively, to the body for which they apply for a position, or at the place of work, a certificate from the state revenue authority on receipt of declarations and information listed in paragraphs 1 or 5 of this article.

8. Failure to submit or submit incomplete, unreliable declarations and information listed in this article by the persons specified in paragraphs 1 and 2 of this article (with the exception of persons dismissed from public service for negative reasons), if the act does not contain signs of a criminally punishable act, is the basis for refusal to grant the person the appropriate powers or entails disciplinary liability in accordance with the procedure provided for by law.

9. The acts referred to in paragraph 8 of this Article, committed intentionally, as well as committed repeatedly, entail administrative liability imposed in accordance with the procedure established by law.

10. The acts referred to in paragraph 8 of this Article committed for the first time within three years after the release of persons from performing state or equivalent functions, as well as the repeated commission of such actions entail administrative liability established by law.

11. In accordance with the procedure established by law, information on the amounts and sources of income of officials holding responsible public positions, as well as information on the income of candidates for elected public positions when they are nominated, may be published.

12. Persons authorized to perform state functions and persons equated to them are prohibited from concluding civil law transactions not under their own name - on front persons, anonymously, under a pseudonym and others. These transactions are recognized as invalid in accordance with the procedure established by law.

13. Individuals and legal entities that participate in the performance of state property management functions shall submit, in accordance with the procedure and deadlines established by the Government of the Republic of Kazakhstan, reports on all property transactions and financial activities related to state property to the state body exercising the rights of the owner in relation to state property.

14. The information received by the state revenue bodies provided for in this article constitutes an official secret. Their disclosure, if the deed does not contain signs of a criminally punishable act, entails the dismissal of the guilty person. This information is provided only at the request of the authorized anti-corruption body, the Prosecutor's Office, national security, internal affairs, military police, economic investigation service, anti-corruption Service, Border Service of the National Security Committee of the Republic of Kazakhstan, as well as in the judicial procedure established by law.

Information constituting an official secret is submitted to the authorized financial monitoring body for the purposes and in the manner provided for by the legislation of the Republic of Kazakhstan on countering the legalization (laundering) of proceeds from crime and the financing of terrorism.

15. The financial control measures provided for in this Article do not apply to legal relations related to the acquisition of ownership of dwellings and building materials for the construction of dwellings in the Republic of Kazakhstan. Financial control in the acquisition of housing and building materials for their construction is carried out in accordance with the legislation of the Republic of Kazakhstan.".

4. Recognize as invalid The Law of the Republic of Kazakhstan dated July 2, 1998 "On Combating Corruption" (Gazette of the Parliament of the Republic of Kazakhstan, 1998, No. 15, Article 209; 1999, No. 21, Article 774; 2000, No. 5, Article 116; 2001, No. 13-14, Article 172; No. 17-18, Article 241; 2002, No. 17, Article 155; 2003, No. 18, Article 142; 2004, No. 10, Article 56; 2007, No. 17, Article 140; No. 19, Article 147; 2008, No. 23, Article 114; 2009, No. 19, Article 88; No. 24, Articles 122, 126; 2010, No. 24, Article 148; 2011, No. 1, Article 2; No. 7, Article 54; 2012, No. 4, Articles 30, 32; No. 8, Article 64; No. 13, Article 91; No. 23-24, 125; 2013, No. 2, Article 10; No. 14, Article 72; 2014, No. 11, Article 61; No. 14, Article 84; No. 16, Article 90; No. 21, Article 122; No. 22, Article 131; No. 23, Article 143).





President

Republic of Kazakhstan



N. NAZARBAYEV



Astana, Akorda, November 18, 2015

No. 410-V SAM