KazaKhstan

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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

1. Principal sources of law applicable to anticorruption issues

From the time of declaring its independence from the USSR, Kazakh authorities have been demonstrating their commitment to the fight against corruption. A number of legal acts were adopted and special services alongside with other anticorruption measures have been set up since the President’s Edict, dedicated to the fight against corruption was issued in March 1992. Nonetheless, according to Transparency International, an international non-governmental organization, over the entire period of research, the Corruption Perception Index (CPI) in Kazakhstan never went higher than 3 points (Kazakhstan was included in the research since 1999). In 2010, Kazakhstan was ranked 105th according to its CPI.

Main laws and regulations applicable to State servants (please see clause 2.1 below) status and setting anticorruption rules are:

1.1 International anticorruption regulations
  • UN Convention against corruption dated 31 October 2003, ratified by Kazakhstan on 4 May 2008 (with minor amendments).
1.2 Codes
  • Criminal Code No.167-I of the Republic of Kazakhstan, dated 16 July 1997 (Chapter 13);
  • Administrative Violations Code No.155-II, dated 30 January 2001 (Chapter 30).
1.3 Laws
  • Law No.267-I of the Republic of Kazakhstan, On Combating Corruption, dated 2 July 1998;
  • Law No.453-I of the Republic of Kazakhstan, On State Service, dated 23 July 1999.
1.4 Kazakhstan President's anticorruption initiatives
  • Edict No.793 of the President of the Republic of Kazakhstan, On Additional Measures for Strengthening Fight Against Crime and Corruption and Further Improvement of Law Enforcement Activities in the Republic of Kazakhstan, dated 22 April 2009;
  • Edict No.1686 of the President of the Republic of Kazakhstan, On State Program of Fight Against Corruption for 2006-2010, dated 23 December 2005;
  • Edict No.1550 of the President of the Republic of Kazakhstan, On Measures for Strengthening Fight Against Corruption, Strengthening Discipline and Order in the Activities of Governmental Agencies and Officials, dated 14 April 2005;
  • Edict No.377 of the President of the Republic of Kazakhstan, On Measures for Improvement of the System of Combat Against Crime and Corruption, dated 20 April 2000;
  • Edict No.3731 of the President of the Republic of Kazakhstan, On Measures for Strengthening National Security, Further Strengthening of Fight Against Organized Crime and Corruption, dated 5 November 1997;
  • Edict No.1567 of the President of the Republic of Kazakhstan, On the Code of Honor of State Servants of the Republic of Kazakhstan, dated 3 May 2005.
1.5 Resolutions of the Government
  • Decree No.677 of the Government of the Republic of Kazakhstan, On the Plan of Measures for 2009-2010 for the Implementation of the State Corruption Fight Program for 2006-2010, dated 8 May 2009;
  • Decree No.96 of the Government of the Republic of Kazakhstan, On the Plan of Measures for the Implementation of the State Program of Fight Against Corruption for 2006-2010, dated 9 February 2006.
  • Decree No. 308 of the Government of the Republic of Kazakhstan, On Approval of Branch Program on Fight Against Corruption in the Republic of Kazakhstan for 2011 - 2015, dated 31 March 2011.
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