Company news archive

According to article 22 of the Law of the Republic of Kazakhstan "On Combating Corruption", all state bodies, organizations, quasi-public sector entities and officials are required to conduct anti-corruption within their competence.

The concept of corruption

Corruption is the illegal use by individuals holding a responsible public position, authorized to perform state functions, officials of their official power and related opportunities in order to obtain or extract property (non—property) benefits and advantages personally or through intermediaries for themselves or third parties, as well as the bribery of these individuals by providing benefits and advantages.

A corruption offense is an illegal guilty act (action or omission) that has signs of corruption, for which administrative or criminal liability is established by law.

A bribe

The Criminal Code of the Republic of Kazakhstan provides for two types of crimes related to bribes:

• receiving a bribe (Article 366);
• giving a bribe (Article 367).

Taking a bribe is one of the most dangerous official crimes, especially if it is committed by a group of individuals or is accompanied by extortion, which consists in obtaining advantages and benefits by an official for legal or illegal actions (inaction).

Bribery is a crime aimed at inducing an official to commit legal or illegal actions (inaction), or to provide or receive any advantages in favor of the giver, including for general patronage or connivance in the service.

A bribe means:

Elements — money, including currency, bank checks and securities, products made of precious metals and stones, cars, food, video equipment, household appliances and other goods, apartments, cottages, country houses, garages, land plots and other real estate.

Services and benefits — treatment, repair and construction work, sanatorium and tourist vouchers, trips abroad, payment of entertainment and other expenses free of charge or at a reduced cost.

A veiled form of a bribe is a bank loan in debt or under the guise of repayment of a non-existent debt, payment for goods purchased at a reduced price, purchase of goods at an inflated price, conclusion of fictitious employment contracts with the payment of wages to the bribe taker, his relatives, friends, obtaining a preferential loan, overstating fees for lectures, articles, and books, "accidental" casino winnings, reduced rent, increased loan interest rates, etc.

Who can be held criminally liable for taking a bribe?

An official authorized to perform state functions and an individual equated to him may be recognized as a bribe recipient.

Individuals holding responsible public office — individuals holding positions established by 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.

The concept of bribery

Illegal transfer of money, securities or other property to a person performing managerial functions in a commercial or other organization, as well as illegal provision of property services to him for using his official position in the interests of a person engaged in bribery — in the Criminal Code of the Republic of Kazakhstan is called commercial bribery (Article 253).

Punishment for bribery and commercial bribery

Taking a bribe is considered by the Criminal Code of the Republic of Kazakhstan as a more socially dangerous act than giving a bribe.

Receiving a bribe:

Receipt by authorized individual to perform state functions, or an individual equated to him, or an individual holding a responsible public position, or an official, as well as an official of a foreign state or international organization, personally or through an intermediary, of a bribe in the form of money, securities, other property, the right to property or property benefits for himself or other individuals for actions (inaction) in favor of the bribe-giver or individuals represented by him, if such actions (inaction) are included in the official powers of this person, or it, by virtue of its official position, can contribute to such actions (inaction), as well as for general patronage or connivance, is punishable by a fine in the amount of twenty to fifty times the amount of a bribe, or imprisonment for up to five years, with confiscation of property, with life deprivation of the right to hold certain positions or engage in certain activities.

Giving a bribe:

Giving a bribe to an individual holding a responsible public position, or an official, as well as an official of a foreign state or international organization personally or through an intermediary, is punishable by a fine in the amount of twenty to thirty times, the amount of the bribe or imprisonment for up to five years, with or without confiscation of property, with lifelong deprivation of the right to hold certain positions or engage in certain activities. bribe to a person authorized to perform state functions, or a person equated.

Intermediation in bribery

Intermediation in bribery, that is, facilitating the bribe–taker and the bribe-giver in reaching or implementing an agreement between them on receiving and giving a bribe, is punishable by an amount of ten to twenty times the amount of the bribe or imprisonment for up to three years, with or without confiscation of property, with lifelong deprivation of the right to hold certain positions or engage in certain activities. activity. (Article 368).

How to act in case of a bribe offer or extortion

• behave extremely cautiously, politely, without fawning, not allowing rash statements that could be interpreted by the bribe taker (bribe taker) either as willingness or as a categorical refusal to accept (give) a bribe;
• listen carefully and remember exactly the conditions offered to you (the amount of amounts, the name of goods and the nature of services, the timing and methods of transferring a bribe, the form of commercial bribery, the sequence of solving issues);
• try to postpone the question of the time and place of the transfer of the bribe until the next conversation and offer a place you are familiar with for the next meeting;
• do not take the initiative in the conversation on yourself, "work for the reception" more, let the potential bribe-taker (bribe-giver) "talk it out", tell you as much information as possible;
• if you have a dictaphone, try to record (secretly) the offer of a bribe or its extortion.

What should be done immediately after the fait accompli of offering or extorting a bribe?

To report this fact to the Anti—Corruption Agency of the Republic of Kazakhstan.

Apply with an verbal or written report about an impending crime to one of the law enforcement agencies at your place of work or to their higher authorities.

In cases of offers or extortion of bribes from representatives of local authorities, law enforcement officers and other government agencies, you can contact directly the own security units of these bodies, which deal with the suppression of crimes committed by their employees.

To get an appointment with the head of the law enforcement agency where you applied with a message about the offer of a bribe or its extortion.

• Write a statement about the fact of offering you a bribe or its extortion, in which you specify exactly:which of the officials (surname, first name, patronymic, position, institution) offers you a bribe or extorts it;
• what is the amount and nature of the bribe offered or extorted;
• for what specific actions (or inaction) Are you being offered a bribe or are you being extorted;
• at what time, in what place and in what way should the direct transfer of the bribe take place;
• in the future, act in accordance with the instructions of the law enforcement agency;
• send in the prescribed manner.

Need to know!

Verbal reports and written statements about crimes are accepted in law enforcement agencies, regardless of the place and time of the crime around the clock.

At the duty station of the law enforcement agency, you are required to listen and accept the message verbally or in writing. At the same time, you should inquire about the surname, position and work phone number of the employee who received the message.

You have the right to receive a copy of your application with a note on its registration with a law enforcement agency or a notification coupon, which specifies information about the employee who received the message and his signature, registration number, name, address and phone number of the law enforcement agency, the date of receipt of the message.

In the law enforcement agency, the message (application) received from you must be immediately registered and reported to a higher-level supervisor for the implementation of procedural actions in accordance with the requirements of the legislation of the Republic of Kazakhstan.

You have the right to find out from the law enforcement agency entrusted with the execution of your application about the nature of the measures taken and to demand that you be received by the head of the relevant department in order to obtain more complete information on issues affecting your rights and legitimate interests.

In case of refusal to accept a message (application) from you about giving a bribe, you have the right to appeal these illegal actions to higher authorities, as well as to file a complaint against illegal actions of law enforcement officers to a higher authority exercising prosecutorial supervision over the activities of law enforcement agencies and law enforcement agencies.

The action or inaction of the anti-corruption body to encourage persons who have reported the fact of a corruption offense or otherwise assist in the fight against corruption may be appealed in court.

Guarantees of the inviolability of an individuals assisting in the fight against corruption

A person who has reported the fact of a corruption offense or otherwise assists in combating corruption is under the protection of the state.

Information about the person assisting in the fight against corruption is a state secret and is provided only at the request of the authorities provided for by the current anti-corruption legislation or the court in accordance with the procedure established by law. Disclosure of this information entails liability established by law.

A person who has reported the fact of a corruption offense or otherwise assists in combating corruption is encouraged in accordance with the procedure provided for by the Government of the Republic of Kazakhstan.

If necessary, the anti-corruption bodies ensure the personal safety of persons who assist in combating corruption.

A person who has reported knowingly false information is liable in accordance with the established procedure in accordance with the laws of the Republic of Kazakhstan.

The anti-corruption helpline of KOREM JSC: +7 (7172) 649-179