KazaKhstanAequitas |
"This firm is always reliable - it gives consistently good advice and maintains a high quality of work." |
Chambers Global |
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
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.
The corruption offences include:
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:
The above types of punishment may be combined with the confiscation of property.
Corruption offences for which administrative punished is imposed include inter alia:
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.).
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.).
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.