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KAZAKHSTAN KAZAKHSTAN KAZAKHSTAN KAZAKHSTAN

47 Abai Avenue, Office 2

Almaty, 050000

Tel: +7 (727) 396-8968

Fax: +7 (727) 396-8990

2 Zheltoksan, Office 19

Astana, 010000

Tel/Fax: +7 (7172) 323-778

27 Momysh-Uly Str., Office 8

Atyrau, 060000

Tel/Fax: +7 (7122) 586-110

www.aequitas.kz

4. Liability for the violation of anticorruption rules

According to The Law on Combating Corruption, the persons guilty of corruption may incur criminal, administrative, civil-law or disciplinary punishment in compliance with the existing legal procedure.
Persons disciplined for corruption offences will be kept on a special record maintained by prosecution authorities1.

4.1 Criminal offences and liability

The corruption offences include:

  • embezzlement or misappropriation, i.e., theft of someone else’s property;
  • fraud;
  • pseudo-entrepreneurship;
  • legalization of money or other illegally acquired property;
  • economic contraband;
  • abuse of official powers;
  • excess of authority or official powers;
  • illegal entrepreneurial activities;
  • provision and acceptance of bribe, and mediation in bribery;
  • forgery;
  • omission by an official;

Officials listed in clauses 2.2.1-2.2.2 of section 2 of this Overview as well as individuals who give bribes may be subject for prosecution for the above offences.

Types of punishment (penalties) to be imposed for the above offences depend on gravity and scope of material damage and the type of crime.  The punishment (penalties) includes:

  • arrest;
  • fine;
  • correctional labour or community work;
  • ban to hold certain positions for up to 7 years;
  • imprisonment (maximum term is 15 years for especially large bribes).

The above types of punishment may be combined with the confiscation of property.

4.2 Administrative offences and liability

Corruption offences for which administrative punished is imposed include inter alia:

  • failure to provide information or submission of false or incomplete information2;
  • carrying out illegal entrepreneurial activities and derivation of unlawful income3;
  • failure to take measures to prevent and counteract corruption4;
  • hiring persons who were previously convicted of corruption offence5;
  • receiving a gift or other benefits and advantages illegally6;
  • provision of unlawful material compensation by legal entities or individuals7.

The principal administrative punishment is a fine.

The actions listed in clauses 3.1.1-3.1.2 of section 3 of this Overview, unless they contain the elements of administratively or criminally punishable acts, incur disciplinary punishment (e.g., demotion, removal from job, dismissal, etc.).

4.3 Offences and liability incurred by legal entities

Kazakhstan does not have a special legislative act establishing penalties for legal entities, however, legal entities may be brought to administrative charge (including for committing corruption offences). Although legal entities are not subject to criminal liability, the managers and officers of the legal entities are still liable, if there are grounds for criminal liability.
Fines or prohibition of legal entity’s activities may be imposed on a legal entity as a punishment for corruption offences.
The maximum fine that can be collected from a legal entity for a corruption offence is five hundred monthly calculation indexes (explained in 3.2.2.).

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1Order No. 4 of the Prosecutor General of the Republic of Kazakhstan, On the Approval of Instruction on Maintaining the Record of Persons Who Committed Corruption Offences and Were Brought to Disciplinary Liability, dated 20 January 2004, as amended.

2Article 532 of the Administrative Violations Code of the Republic of Kazakhstan, dated 30 January 2001, as amended (hereinafter, Administrative Violations Code).

3 Article 535 of the Administrative Violations Code.

4 Article 537 of the Administrative Violations Code.

5 Article 537-1 of the Administrative Violations Code.

6 Article 533-1 of the Administrative Violations Code.

7 Articles 533 and 534 of the Administrative Violations Code.