Instruction is intended primarily for anyone who:
The official interpretation of corruption according to the Law of the Republic of Kazakhstan "On Combating Corruption" on November 18, 2015 is presented as follows:
Corruption- is the illegal use of persons holding responsible public office, persons authorized to perform public functions or persons equated to persons authorized to perform state functions, the officials of their official (official) authority and the related opportunities in order to obtain or extract personal or indirectly property (intangible) benefits and advantages for themselves or third parties, as well as bribery of such persons through the provision of benefits and advantages .
Corruption offense - having signs of corruption, illegal guilty act (action or inaction), for which the law establishes administrative or criminal liability.
If you are offered a bribe or you solicit a bribe!
The Criminal Code of the Republic of Kazakhstan provides for two types of crimes related to bribery:
- accepting a bribe (Article 366.);
- bribery (Article 367.).
These are two sides of the same coin crime: the case of bribery, which means that there is someone who receives a bribe (bribe), and the one who gives (briber).
Accepting a bribe - one of the most dangerous malfeasance, especially if it is committed by group of persons, or is accompanied by extortion, which is to obtain official advantages and benefits for legal or illegal actions (inaction).
Giving a bribe - a crime aimed at inducing the official to commit a lawful or unlawful actions (inaction), or giving, receiving any advantages in favor of the giver, including general protection or connivance in the service.
A bribe can be:
Items - money, including currency, checks and securities, made of precious stones and metals, motor vehicles, food, equipment, appliances and other goods, apartments, villas, country houses, garages, land and other property.
Services and benefits - treatment, repair and construction work, sanatorium and tour packages, travel abroad, payment of entertainment and other expenses free of charge or at a reduced cost.
Disguised form of bribery - a bank loan is a loan, or under the guise of repayment non-existent debt, payment of goods purchased at a low price, buy goods at inflated prices, the conclusion of fictitious employment contracts with payment of bribe-takers pay, his relatives, friends, preferential loans, inflated fees for lectures, articles, and books, "random" winning in the casino, rent reduction, increase in loan interest rates, etc.
Who can be held criminally liable
for accepting a bribe?
Taker may be deemed official - authorized to perform state functions, and the person treated him.
Persons holding public office responsible - persons holding positions established by the Constitution of the Republic of Kazakhstan, constitutional and other laws of the Republic of Kazakhstan for the immediate execution of the state functions and powers of state bodies.
What is the payoff?
Illegal transfer of a person discharging managerial functions in a commercial or other organization, money, securities or other property, as well as illegal the provision of the property-related services for its use of his official position, as well as for general patronage or connivance in the service in the interest of the person exercising bribery - in the Criminal Code of the Republic of Kazakhstan called commercial bribery (article 253).
The penalty for bribery and commercial bribery
Taking bribes is considered by the Criminal Code of the Republic of Kazakhstan as a socially dangerous act, rather than a bribe.
Receiving a bribe (Article 366.):
Getting a person authorized to perform public functions or an equivalent person, or person occupying a responsible public office or official, as well as an official of a foreign state or an international organization in person or through the intermediary of a bribe in the form of money, securities, other property the right to property or the property benefits for themselves or others for the actions (inaction) in favor of the briber or persons represented by him, if such actions (inaction) of the input Yat in the official authority of the person or it is by virtue of official position can promote such actions (inaction), as well as for general patronage or connivance - punishable by a fine in the amount of fifty times the amount of bribes or imprisonment for up to five years with confiscation of property,
The same act committed by a significant amount, as well as taking a bribe for illegal actions (inaction) - punishable by a fine shestidesyatikratnoy sum of bribes or imprisonment for a term of three to seven years with confiscation of property, with a lifetime disqualification to hold certain positions or engage in certain activities.
If the offense is committed by a group of persons by prior conspiracy, extortion, or on a large scale, has repeatedly - is punished by fine semidesyatikratnoy sum of bribes or imprisonment for a term of seven to twelve years with confiscation of property, with a lifetime disqualification to hold certain positions or engage in certain activities .
If crimes are committed a criminal group, as well as on a large scale - shall be punished by a fine of vosmidesyatikratnoy sum of bribes or imprisonment for a term of ten to fifteen years, with confiscation of property, with a lifetime disqualification to hold certain positions or engage in certain activities.
Giving a bribe (Article 367.):
If a bribe is given to a person authorized to perform public functions or an equivalent person, or a person occupying a responsible public office or official, as well as an official of a foreign state or international organization in person or through an intermediary - shall be punished by a fine of twenty times the amount of the bribe or imprisonment for up to three years with confiscation of property or without it, with a lifetime deprivation of the right to occupy certain positions or engage in defining ennoy activities.
The same act committed in a large amount - shall be punished by a fine of up thirtyfold amount of bribes or imprisonment for up to five years with confiscation of property or without it, with a lifetime disqualification to hold certain positions or engage in certain activities.
If the offense is committed by a group of persons by prior agreement or a large scale, has repeatedly - is punished by fine sorokakratnoy sum of bribes or imprisonment for a term of seven to twelve years with confiscation of property, with a lifetime disqualification to hold certain positions or engage in certain activities.
If the offense is committed on a large scale or a criminal group - is punished by a fine of fifty times the amount of bribes or imprisonment for a term of ten to fifteen years, with confiscation of property, with a lifetime disqualification to hold certain positions or engage in certain activities.
Bribe or bribery through an intermediary
Often bribe is given and taken through an intermediary - subordinate employees, entrepreneurs, intermediaries workers who are considered by the Criminal Code of the Republic of Kazakhstan as the accomplices of the crime.
Commercial bribery can be carried out through an intermediary - subordinate employees, business partners, specifically employed persons are also considered by the Criminal Code of the Republic of Kazakhstan, as the accomplices of the crime.
The citizen gave a bribe or take a commercial bribery, may be exempt from liability if:
- established the fact of extortion;
- citizen voluntarily reported to law enforcement authorities for what he did.
Misleading information about extorting a bribe or commercial payoff is considered by the Criminal Code of the Republic of Kazakhstan as a crime and punishable by restraint of liberty for a term of three to seven years, or imprisonment for the same period (Art. 419).
A bribe may be offered either directly ( "if the issue will be resolved in our favor, you get ......") and indirectly.
Some indirect signs bribe offer:
1. Talk about a possible bribe is allegorical in nature, it is a bribe giver is composed of monosyllabic sentences that do not contain public statements to the effect that if a positive decision of the disputed issue, he will give him the money or will have any services; no "dangerous" expression is not allowed.
2. In the course of conversation, the corrupter, in the presence of witnesses, and audio, video, gestures or facial expressions makes it clear that he was ready to discuss the possibility of addressing this issue in a different environment (in another time, in another place).
3. The amount or nature of a bribe is not sounded; together with the corresponding figures can be written on paper, recruited to the calculator or computer, and demonstrated potential bribe-taker.
4. briber can suddenly interrupt the conversation and under the pretext to leave the room, while leaving the folder with the materials envelope portfolio convolutions.
5. The briber may forward the continuation of contact to another person, not directly related to addressing the issue.
Your actions in the case of a proposal or extort bribes
- behave very carefully, politely, without flattery, avoiding hasty statements that could be interpreted briber or as a willingness, or as a categorical refusal to take (give) a bribe;
- listen carefully and accurately remember the conditions proposed by you (the size of the amounts, name of the goods and the nature of services, timing and methods of transmission of a bribe, the form of commercial bribery, the sequence of address);
- try to postpone the issue of time and place of transfer of a bribe to the next conversation, and offer you a familiar place for the next meeting;
- do not take the initiative in the conversation itself, more "work to receive," let potential bribe-taker (briber) "speak out", to inform you as much information as possible;
- if you try to record a voice recorder (secretly) an offer of a bribe or extortion.
What should you take immediately after the fact a proposal or extort bribes?
1. Report this fact to the authorized body on anti-corruption
2. Consult with an oral or written notice of the impending crime in one of the law enforcement agencies at your workplace or in their parent bodies.
In the case of offer or extort bribes from representatives of local authorities (of Akim), law enforcement and other governmental agencies, you can apply directly to their own security departments of these bodies that deal with suppression of crimes committed by their employees.
3. To get an appointment to see the head of a law enforcement agency to which you have applied with the message on the offer you a bribe or extortion.
4. Write a statement of fact offer you a bribe or extortion, which indicate exactly:
one of the officials (name, first name, position, institution) offers you a bribe or extort her;
What is the amount and nature of the proposed or extort bribes;
for which specific actions (or inaction) you are offered a bribe or extort her;
at what time, where and how the direct transfer of a bribe to take place;
subsequently operate in accordance with the instructions of a law enforcement agency;
send in the prescribed manner.
It's important to know!
Oral presentation and a written statement about the crimes taken in the police, regardless of place and time of the crime around the clock.
You have the right to obtain a copy of his statement with a note of his registration in law enforcement or pass-notification, which shall include information about an employee has received the message and its signature, registration number, name, address and telephone number of law enforcement body, the date of receipt of the message.
The law enforcement agencies received a message from you (the application) shall be immediately recorded and reported to superiors for taking legal action in accordance with the requirements of the legislation of the Republic of Kazakhstan.
You have the right to find out the law enforcement agencies tasked with the execution of your application, on the nature of the measures and to require you to receive the head of the corresponding division for more information on issues that affect your rights and interests.
In case of refusal to accept your message (application) of bribing you have the right to appeal against this illegal action in higher courts, as well as file a complaint against the unlawful actions of law enforcement officers to the higher authorities exercising prosecutorial oversight of police activities.
forms of stimulation ...
The Government of Kazakhstan approved the rules to encourage persons to report the fact a corruption offense or otherwise assisting in the fight against corruption (Resolution of the Government of the Republic of Kazakhstan from December 30, 2015 № 1131).
For persons who reported the fact of corruption offense or otherwise assisting in the fight against corruption, the promotion set, take the form of lump-sum remuneration.
Incentives in the form of lump-sum compensation in the following amounts:
1) in administrative matters of corruption offenses -30 monthly calculation indices (hereinafter - MCI);
2) criminal cases on corruption crimes of small gravity - 40 MCI;
3) criminal cases on corruption crimes of average weight - 50 MCI;
4) Criminal cases of serious corruption crimes -70 MCI;
5) for criminal cases of particularly serious crimes of corruption -
In the cases provided for in paragraph 9 of this Regulation may be established in the form of encouragement or gratitude diploma awarding announcement. Funding incentives made at the expense of the republican budget.
Assistance in the fight against corruption include the following:
1) The message on the fact of corruption offenses;
2) provide information on the whereabouts of the person sought has committed a corruption offense;
3) other assistance, which had subsequently value to detect, detection and investigation of corruption offense.
Promotion is carried out if the information provided
face, untrue and against the perpetrator:
1) entered into force court decision on the imposition of an administrative penalty;
2) entered into force conviction;
3) a ruling on termination of the criminal case on the grounds of non-rehabilitation.
Materials to promote the form and sent to the anti-corruption bodies in the service of the date when the right to promotion within fifteen working days and include:
1) petition the authority conducting the fight against corruption;
2) a copy of the statements recorded in the book of accounting information, the uniform register of pre-trial investigations, as well as information on the treatment of persons on the fact of corruption offense or other documents confirming the provision of assistance in the face detection, suppression, detection and investigation of corruption offenses;
3) a copy of the protocol on administrative offense or the decision to initiate proceedings of an administrative offense;
4) a copy of the court decision on the imposition of an administrative penalty, entered into force;
5) a copy of the minutes of the simplified pre-trial proceedings, a conviction, which entered into force, any decision on the termination of criminal proceedings on the grounds of non-rehabilitation;
6) a copy of an identity document, and personal bank details or other person's account for the payment of lump-sum remuneration.
Head of anti-corruption authorities within five working days of receipt of materials, issues an order on the promotion, which is the basis for the payment of one-time face of monetary compensation.
The payment of lump-sum compensation is made within fifteen working days from the date of issue of the promotion of the order by moving on the face of any other person's account.
In case of cancellation of a one-time cash reward, a person informed about the fact of corruption offense or otherwise assist in combating corruption, submitted to the authority in charge of the fight against corruption, the corresponding application.
In this operational investigative unit may apply to the head of the Anti-Corruption Service to award the diploma of the person or declaring his gratitude.