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Article 1. Explanation of some concepts contained in this Law of the Law on Combating Corruption

АMANAT партиясы және Заң және Құқық адвокаттық кеңсесінің серіктестігі аясында елге тегін заң көмегі көрсетілді

Article 1. Explanation of some concepts contained in this Law of the Law on Combating Corruption

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

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

     1-1) a person holding a responsible government position, – a person holding a position established by the Constitution of the Republic of Kazakhstan, constitutional and other laws of the Republic of Kazakhstan for the direct performance of state functions and the powers of state bodies, including a deputy of the Parliament of the Republic of Kazakhstan, a judge of the Constitutional Court of the Republic of Kazakhstan, a judge 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 "A" corps;

     2) official – a person who permanently, temporarily or by special authority performs the functions of a government representative or performs organizational, administrative or administrative 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;

     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, administrative or economic functions in these organizations.;

     3) a person authorized to perform public functions is a person in public service, a deputy of the maslikhat, a person temporarily performing duties provided for by a public position before his appointment to public service, as well as a person temporarily appointed to a military position as a military officer under a contract or temporarily performing his duties.;

     IZPI's note!      Subparagraph 4) is amended by the Law of the Republic of Kazakhstan dated 30.06.2025 No. 204-VIII (effective sixty calendar days after the date of its first official publication).

     4) a person equated to persons authorized to perform state functions is 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 districts, cities of regional significance, cities of regional significance, settlements, villages, rural districts, as well as members of an elected local government body; a member of the territorial election commission exercising his powers on a professional permanent basis, whose remuneration is made from the budget of the Republic of Kazakhstan; an employee permanently or temporarily working in a local government body, whose remuneration is made from the state budget of the Republic of Kazakhstan; a person performing managerial functions in a state organization or 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; employees of the Government for Citizens State Corporation who directly provide public services, or whose official duties are related to the provision of public services, or who have access to personal data of individuals and (or) other information to which access is restricted; persons who carry out technical and author supervision on highways

     5) conflict of interests – a conflict 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 is the illegal use by persons holding a responsible public position, by persons authorized to perform public functions, by persons equated to persons authorized to perform public functions, by 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 government agencies, 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 means 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.;

     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 the prevention, detection, suppression, disclosure and investigation of corruption offenses, and its territorial divisions;

     11) a corruption offense is an unlawful culpable 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 contributing 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 conducive to the commission of corruption offenses by developing and implementing a system of preventive measures;

     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, as well as to apply incentive measures and disciplinary penalties against subordinates;

 

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

     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.

President    

Republic of Kazakhstan     

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