In pursuance of the Action Plan for the implementation of the Anti-Corruption Program, on September 2, 2020, chaired by A.A. Kesimbaev, General Director of the Kazavialesoohrana RGKP a videoconferencing meeting was held on the formation of an anti-corruption culture among civil servants. During the meeting, the head of the legal department Ibrayev Zh.O.
"Three political civil servants in Kazakhstan resigned because of the stealing subordinates. Akim of the Shu district of the Zhambyl region resigned after the verdict against the akim of the rural district (Alimkulov, a fine in the amount of 505 thousand tenge with life deprivation of the right to hold certain positions), while waiting for a court decision to consider the protest of the prosecutor's office. Released from his position at his own request,"- said the head of the legal department Ibraev Zh.O.
Akim of Shyngyrlau district of WKO also resigned. Moreover, he did this despite the fact that his subordinate, the head of the district education department, had committed a corruption crime before December 10, 2019 (Saparov, sentenced to 3.5 years in prison with life deprivation of the right to hold positions in the public service), that is, up to the entry into force of amendments to the law, according to which managers must resign for corruption of subordinates.
Akim of the city of Satpayev, Karaganda region, resigned for corruption of the head of the city department of housing and communal services, passenger transport and highways (Kunedilova, a fine of 12 million tenge with a life-long ban on holding positions in certain positions). However, the resignation was not accepted, he was brought to disciplinary responsibility in the form of a reprimand.
In addition, the head of the apparatus of the city of Rudny, Kostanay region, resigned and wrote a letter of resignation at his own request in connection with the investigation of a corruption offense against the akim of the village of Kachar. His resignation was accepted.
It is noted that at the stage of pre-trial investigation and trial, there are criminal cases against a number of civil servants. If they are brought to criminal responsibility, 16 leaders holding political state positions will have to resign.
"These are three leaders at the republican level, three at the regional level, three at the city level and seven at the district level. In addition, 45 administrative civil servants are subject to disciplinary responsibility if their subordinates are convicted, ”added Ibraev Zhomart.
The concept of the draft law of amendments on anti-corruption issues has been submitted for public discussion.
The concept of the project was presented by the Anti-Corruption Agency (APC). The public discussion will last until July 20.
Among the innovations is increased responsibility for corruption among law enforcement officers and judges.
It is proposed to provide for a new category of the subject of corruption in the Criminal Code - "an official with a special status - an employee of a law enforcement or special state body, a judge”.
The Anti-Corruption Service believes that for judges, criminal liability for corruption offenses should be stricter.
It is proposed to introduce an anti-corruption restriction on opening and owning accounts in foreign banks for civil servants and other persons authorized to perform state functions, their spouses and spouses, minor children. Also, according to the project, their storage of cash and valuables in foreign banks, the possession and use of foreign financial instruments will be limited.
The agency explained that these amendments were envisaged back in 2019, but were not supported by the coordinating bodies, including the KNB, the Ministry of Internal Affairs, the Ministry of Foreign Affairs, the Prosecutor General's Office and others. In April 2020, it became known that the outflow of funds outside the country for 5 years amounted to $ 86 billion. By order of the President, this norm was again sent for study.
The introduction of the integrity test institution is also being discussed.
It is proposed to introduce an integrity check, first of all, in relation to civil servants who are employees of law enforcement agencies and exercise control and supervisory functions.
"In the event of a negative result of the verification - the expression of consent to receive a bribe, other benefits and advantages of a property nature with the use of official position - the person being tested (checked) is subject to dismissal," the concept says.
It is proposed to abolish the multiple fine for persons who have committed especially grave corruption crimes.
"Today the situation is such that punishment in the form of a multiple fine is not always a deterrent for corrupt officials, since their potential illegal earnings often exceed the amount of the fine paid. That is, the fine began to be perceived as a kind of "commercial risk", - said the speaker.
OECD experts have developed new recommendations for Kazakhstan on revising sanctions for corruption crimes in order to ensure their effectiveness and proportionality, including by providing for: compulsory imprisonment for especially grave corruption crimes, excluding the possibility of using a less severe type of punishment than imprisonment when convicted for corruption crimes, as well as an annual analysis of the penalties imposed for corruption crimes with an assessment of their effectiveness and the publication of the results of such analysis.
Also on the table is the criminalization of the promise or offer of a bribe and the acceptance of the promise or offer of a bribe. The agency proposes to extend the concept of "corruption" to the private sector.
"In most advanced countries, the term" corruption ”is equally applicable to both the public and private sectors, in contrast to Kazakhstan, where the subjects of corruption are only civil servants and heads of the quasi-public sector.
Meanwhile, over the past three years, the criminal prosecution authorities have registered 36 cases of commercial bribery (article 253 of the Criminal Code) and 44 cases of receiving illegal remuneration (article 247 of the Criminal Code), according to which only 25 persons were convicted. In fact, these articles do not work, although in their essence they correspond to all the signs of bribery, in connection with which it is proposed to transfer them to the category of corruption, ”the speaker noted.
At the end of the meeting, Arman Kesimbaev, General Director of the Kazavialesoohrana State Enterprise, delivered an important speech:
"Anti-corruption behavior of civil servants is established by Article 52 of the Law on Civil Service, from the norms of which it follows that civil servants must resist manifestations of corruption, prevent corruption offenses, and must suppress the facts of corruption offenses by other civil servants.
At the same time, if a civil servant has information about a corruption offense, he must take the necessary measures to prevent and terminate such an offense, including immediately informing the superior leader in writing, the management of the state body in which he works, and authorized state bodies. A civil servant is also obliged to immediately inform the indicated persons and bodies in writing about cases of persuading him by other persons to commit corruption offenses."
