Article 15-1. Prevention and resolution of conflicts of interest The Anti-Corruption Law
1. Conflict of interest prevention is expressed in:
1) compliance by the persons specified in paragraph 1 of Article 15 of this Law with the prohibitions and requirements provided for in Articles 14 and paragraph 2 of Article 15 of this Law;
2) declaration of personal interests;
3) explaining to the persons specified in paragraph 1 of Article 15 of this Law the provisions of legal acts regulating the prevention and settlement of conflicts of interest;
4) identification and resolution of potential conflicts of interest;
5) a statement of recusal (self-recusal) of the persons specified in paragraph 1 of Article 15 of this Law.
2. In government agencies, organizations and quasi-public sector entities, the Ethics Commissioner is responsible for clarifying the requirements of regulatory legal acts regulating the prevention and resolution of conflicts of interest, making conclusions on the presence or absence of conflicts of interest, as well as ensuring that the persons referred to in paragraph 1 of Article 15 of this Law comply with measures to prevent and resolve conflicts of interest, the anti-corruption compliance service, and in their absence – to the Personnel Management Service (HR department) or a person designated by the head of a government agency, organization, or quasi-public sector entity.
3. The identification of a conflict of interest is carried out by:
1) analyzing declarations of personal interests;
2) anti-corruption monitoring or analysis of corruption risks;
3) consideration of appeals, messages, notifications or other information about a conflict of interest;
4) conducting inspections, audits or audits;
5) monitoring of the digital personnel system (if any).
A conflict of interest may be identified based on the results of criminal, civil, administrative or administrative proceedings.
If, based on the results of inspections, audits, audits, criminal, civil, administrative proceedings or proceedings on administrative offenses, the facts of concluding contracts or transactions, adopting acts or other decisions in conditions of a conflict of interests are revealed, the relevant authorized body or organization shall send supporting materials to the authorized body on anti-corruption policy for taking measures provided for by this law. By law.
4. If there are circumstances for recusal (self-recusal) established by the legislation of the Republic of Kazakhstan, the person specified in paragraph 1 of Article 15 of this Law is obliged to declare recusal (self-recusal) in writing in accordance with the procedure and terms established by the legislation of the Republic of Kazakhstan.
A member of a collegial body who participates in the selection of projects and (or) programs funded from the state budget, or who participates in making decisions on financing projects and (or) programs from the state budget or providing state support measures, must recuse himself from the collegial body in the event of personal interests, as well as other circumstances affecting the right to objectivity, independence or impartiality when considering the relevant issue by a collegial body.
The person carrying out technical supervision on highways is obliged to recuse himself to the customer if this person and (or) his close relatives, spouse, relatives and (or) other persons related to him were directly or indirectly involved in the preparation of design estimates and (or) during the construction work., reconstruction and repair of highways that are subject to technical supervision.
The recusal of the persons specified in parts two and three of this paragraph must be motivated and stated in writing before the issue is considered (before technical supervision is carried out). An application for self-recusal may be filed during consideration of an issue (during technical supervision) if the grounds for self-recusal became known to the person filing the recusal during consideration of the issue (during technical supervision).
5. The settlement of a potential or real conflict of interests is carried out in the manner and within the time limits provided for in Articles 15-2 and 15-3 of this Law, unless a different procedure is established by the legislation of the Republic of Kazakhstan.
6. In the event of a conflict of interest that has resulted in a violation of the rights and legitimate interests of individuals, legal entities or the State, the measures provided for in paragraph 3 of Article 26 of this Law shall be taken.
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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