On formation of the Commission under the President of the Republic of Kazakhstan on anti-corruption issues

Updated Unofficial translation

Decree of the President of the Republic of Kazakhstan dated April 2, 2002 N 839.

      Unofficial translation

      Footnote. In the heading and text, the words "and observance of official ethics by civil servants" were excluded by Decree of the President of the Republic of Kazakhstan dated July 23, 2007 N 369.
      Footnote. The name of the Decree as amended by Decree of the President of the Republic of Kazakhstan dated 09.06.2016 No. 275.

  To be published
  in the republican press
  in the statement

      In accordance with subparagraph 20) of Article 44 of the Constitution of the Republic of Kazakhstan, hereby I resolve: 

      1. To form the Commission under the President of the Republic of Kazakhstan on anti-corruption issues.

      Footnote. Paragraph 1 as amended by Decree of the President of the Republic of Kazakhstan dated 09.06.2016 No. 275.

      2. To approve the attached: 

      1) Regulations on the Commission under the President of the Republic of Kazakhstan on anti-corruption issues; 

      2) excluded by Decree of the President of the Republic of Kazakhstan dated 13.03.2012 No. 284.
      Footnote. Paragraph 2 as amended by Decree of the President of the Republic of Kazakhstan dated 09.06.2016 No. 275.

      3. This Decree shall come into effect from the date of signing.

      The President of the Republic of Kazakhstan 

  Approved by
Decree of the President of the
Republic of Kazakhstan
dated April 2, 2002 N 839

Regulation
on the Commission under the President of the Republic of Kazakhstan
on anti- corruption issues

      Footnote. In the title and throughout the text of the Regulation on the Commission under the President of the Republic of Kazakhstan on the fight against corruption, approved by the above-mentioned Decree, the words “fight against corruption”, “on fight against corruption” were replaced, respectively, with the words “combating corruption”, “combating corruption” in accordance with Decree of the President of the Republic of Kazakhstan dated 09.06.2016 No. 275.

1. General Provisions

      1. The Commission under the President of the Republic of Kazakhstan on anti -corruption issues (hereinafter referred to as the Commission) shall be an advisory and consultative body under the Head of State. 

      2. The tasks of the Commission shall be development and adoption of coordinated measures aimed at strengthening the combating corruption and violations by civil servants of the rules of official ethics, increasing the level of responsibility of civil servants. 

      3. The Commission shall be guided in its activities by the Constitution, the laws of the Republic of Kazakhstan, acts, and instructions of the Head of State, as well as this Regulation. 

      4. The Commission shall include a chairman, a deputy chairman, a secretary and other members of the Commission. The Commission shall be headed by a State Counsellor of the Republic of Kazakhstan. The Aide to the President - the Secretary of the Security Council of the Republic of Kazakhstan shall be the Deputy Chairman of the Commission, and the Head of the Law Enforcement Division of the Security Council of the Republic of Kazakhstan shall be the Secretary.

      The Commission shall comprise ex officio two deputy heads of the Executive Office of the President of the Republic of Kazakhstan, the Prosecutor General of the Republic of Kazakhstan, the Chairman of the National Security Committee of the Republic of Kazakhstan, the Chairman of the Supreme Audit Chamber of the Republic of Kazakhstan, the Chairman of the Agency for Countering Corruption (Anti-Corruption Service), the Chairman of the Agency for Financial Monitoring, the Chairman of the Agency for Civil Service Affairs, the Minister of Internal Affairs of the Republic of Kazakhstan, the Minister of Justice of the Republic of Kazakhstan, the Minister of Finance of the Republic of Kazakhstan and, upon agreement, the chairmen of the committees on constitutional legislation, judiciary and law enforcement bodies of the Senate of the Parliament of the Republic of Kazakhstan, on legislation and judicial and legal reforms of the Majilis of the Parliament of the Republic of Kazakhstan.

      The Commission may include representatives of non-governmental organisations and others.

      5. Excluded by Decree of the President of the Republic of Kazakhstan dated 13.03 2012 No. 284.
      Footnote. Paragraph 4 - as reworded by Decree of the President of the Republic of Kazakhstan No. 5 of 26.11.2022.

2. Functions and powers of the Commission

      6. The Commission shall perform the following functions:

      1) development and submission of proposals to the Head of State on anti-corruption issues, including on improving anti-corruption legislation, forms and methods of anti-corruption;

      2) monitoring and analysis of the state of combating corruption, violations by civil servants of the rules of official ethics;

      3) consideration of appeals of citizens and legal entities, as well as publications in the mass media about the facts of corruption offenses committed by persons holding responsible public positions, violations of ethics by civil servants and preparation of recommendations on them to persons authorized to impose disciplinary sanctions on the conduct of an official investigation.

      7. The Commission, within its competence, has the right to:

      1) request from central and local state bodies information, documents and materials necessary to perform the tasks assigned to it, with the exception of criminal cases and operational-search materials;

      2) hear oral and receive written explanations from officials of state bodies, as well as persons authorized to perform state functions, or persons equated to them;

      3) send materials to law enforcement and other state bodies for conducting inspections and taking other measures provided for by law on the facts of violations of official ethics and committing corruption offenses;

      4) hear at their meetings the information of the heads of law enforcement and other state bodies on the implementation of anti-corruption legislation;

      5) submit for consideration to the relevant authorities and state organizations proposals on the disciplinary responsibility of officials who have committed corruption offenses, do not ensure the implementation of the Law of the Republic of Kazakhstan "On Combating Corruption", as well as those who have violated the rules of official ethics, up to their dismissal;

      6) excluded by Decree of the President of the Republic of Kazakhstan dated 02.27.2003 N 1032;

      7) make proposals to the President of the Republic of Kazakhstan on giving instructions, issuing relevant acts of the President of the Republic on the issues under consideration, as well as bringing to disciplinary responsibility up to the dismissal of akims of regions, cities of republican significance, the capital, heads of state bodies appointed by the President of the Republic of Kazakhstan that do not provide an adequate level of work to combat corruption.

      Footnote. Paragraph 7 as amended by Decrees of the President of the Republic of Kazakhstan dated February 27, 2003 N 1032; dated 18.02.2011 No. 1157; dated 09.06.2016 No. 275; dated 04.08.2018 No. 723.

3. Organization of the Commission's activities

      8. Meetings of the Commission shall be held as needed, but at least once a quarter, may be open or closed by decision of the Chairperson of the Commission. 

      9. The meetings of the Commission shall be competent if two thirds of the total number of members of the Commission are present. Members of the Commission participate in its meetings without the right to be replaced. 

      10. The decisions of the Commission shall be adopted by a majority vote of the total number of those present at the meeting. In case of equality of votes, the vote of Chairperson shall be decisive. 

      11. Officials who are not members of the Commission, as well as representatives of the media may be invited to meetings of the Commission.

      11-1. If at a meeting of the Commission, the facts of violation of legislation in the field of activities of the state body being heard are cited, the heads of state control and supervision bodies who are members of the Commission or invited to the meeting of the Commission, within their competence, shall express the position of the state body on the existing facts of violations.

      The heads of the aforementioned bodies of state control and supervision shall have the right to express proposals on the facts of such violations to act appropriately.

      Footnote. The regulation was supplemented with paragraph 11-1 in accordance with Decree of the President of the Republic of Kazakhstan dated 18.02.2011 No. 1157.

      12. Chairperson of the Commission shall:

      1) manage the activities of the Commission;

      2) preside over its meetings;

      3) regularly report on the work of the Commission to the President of the Republic;

      4) have the right to attend meetings of the collegiums of law enforcement and other state bodies related to the consideration of issues of combating corruption and official ethics of civil servants.

      13. In the absence of the Chairperson, his/her duties shall be performed by the Deputy Chairperson.

      14. Secretary of the Commission shall:

      1) inform the members of the Commission on the time and place of meetings of the Commission;

      2) organize the preparation of materials for meetings of the Commission;

      3) keep minutes of the meetings of the Commission;

      4) organize and control the implementation of the decisions of the Commission;

      5) perform other functions on behalf of the Chairperson of the Commission. 

      15. Central and local executive bodies shall be obliged to assist the Commission in the performance of the tasks assigned to it. 

      16. The working body of the Commission shall be the Department of the Law Enforcement System of the Security Council of the Republic of Kazakhstan.

      Footnote. Paragraph 16 as amended by Decree of the President of the Republic of Kazakhstan dated April 17, 2019 No. 26.

  ANNEX
to Decree of the President of the
Republic of Kazakhstan
dated April 2, 2002 No. 839

COMPOSITION of the
Commission under the President of the Republic of Kazakhstan on Anti-Corruption Issues

      Footnote. Composition as amended by Decree of the President of the Republic of Kazakhstan dated October 28, 2019 No. 195; as amended by Decree of the President of the Republic of Kazakhstan No. 952 of 01.07.2022; No. 5 of 26.11.2022.

The State Counsellor of the Republic of Kazakhstan, the Chairman of the Commission

Assistant to the President - Secretary of the Security Council of the Republic of Kazakhstan, Deputy Chairperson of the Commission
Head of the Department of the Law Enforcement System of the Security Council of the Republic of Kazakhstan, Secretary of the Commission

Commission members:

The Deputy Prime Minister of the Republic of Kazakhstan – the Minister of Finance of the Republic of Kazakhstan

Deputy Chiefs of Staff of the Presidential Administration of the Republic of Kazakhstan

General Prosecutor of the Republic of Kazakhstan

Chairperson of the National Security Committee of the Republic of Kazakhstan

The Chairman of the Supreme Audit Chamber of the Republic of Kazakhstan

Chairperson of the Anti-Corruption Agency of the Republic of Kazakhstan (Anti-Corruption Service)
Chairperson of the Agency of the Republic of Kazakhstan for Civil Service Affairs

Minister of Internal Affairs of the Republic of Kazakhstan

Minister of Justice of the Republic of Kazakhstan

Chairperson of the Committee on Constitutional Legislation, Judicial System and Law Enforcement Agencies of the Senate of the Parliament (as agreed)

Chairperson of the Committee on Legislation and Judicial and Legal Reform of the Mazhilis of the Parliament of the Republic of Kazakhstan (as agreed)

Commissioner for the Protection of the Rights of Entrepreneurs of Kazakhstan (as agreed)


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