Depending on the status of relevant person subjected to anticorruption regulations and type of violation the Kyrgyz Laws stipulate for disciplinary, administrative and criminal liability.

4.1. Criminal offences and liability

The criminal offences, which are directly related to corruption and entail criminal liability, include inter alia the following:

• legalisation of money or other illegally acquired property;
• abuse of power or official position;
• official's inaction;
• registration of illegal transactions;
• misuse of authority or exceeding official powers;
• forgery;
• false bankruptcy;
• negligence; 
• illegal participation in entrepreneurial activity;
• receiving a bribe;
• offering or giving a bribe;
• bribery brokerage;
• illegal enrichment. 

The types and amounts of the penalties to be imposed for above crimes depend on gravity and scope of material damage and the type of crime. The penalties include:

• fines;
• termination of office;
• disciplinary labour;
• deprivation of right to hold specific positions or engage in certain activities for a specific term;
• confiscation of property;
• imprisonment.

It should be noted that the criminal liability may only be imposed on individuals.

4.2. Administrative offences and liability

The corruption offences for which administrative liability is imposed include inter alia:

• illegal refusal by officials to review applications of individuals and legal entities;
• distortion of information in state registries by officials;
• failure to provide information or submission of false or incomplete information;
• carrying out illegal entrepreneurial activities and derivation of unlawful income;
• failure to take measures to prevent and counteract corruption;
• provision of unlawful material compensation by legal entities or individuals.

Administrative penalties include:

• fines;
• official warning;
• administrative arrest;
• requirement to undertake public works;
• prohibition to engage in certain activities or to hold certain positions for specific period of time;
• confiscation of property.

Foreign individuals and foreign legal entities could be held liable for administrative offences.

4.3. Offences and liability incurred by legal entities

Under the laws of the Kyrgyz Republic, Kyrgyz legal entities bear only civil and administrative liability arising from the anticorruption laws. Legal entities are not subject to criminal liability, however, should the grounds for criminal liability arise, the managers and officers of such entities are subject to criminal liability.

Fines or prohibition of a legal entity’s activities may be imposed on a legal entity as a punishment for corruption offences.

go to top