On approval of the Anti-Corruption Monitoring Rules

Invalidated Unofficial translation

Order No. 13 of the Chairman of the Agency for Civil Service Affairs and Anti-Corruption of the Republic of Kazakhstan as of October 19, 2016. Registered with the Ministry of Justice of the Republic of Kazakhstan on November 16, 2016, No. 14431. It became invalid by Order No. 22 of the Chairman of the Agency of the Republic of Kazakhstan for Combating Corruption (Anti-Corruption Service) dated January 28, 2020.

      Unofficial translation

      Footnote. Became invalid by the order of the Chairman of the Anti-Corruption Agency of the Republic of Kazakhstan (Anti-Corruption Service) dated 28.01.2020 No. 22 (effective from the date of its first official publication).

      In accordance with subparagraph 3) of paragraph 1 of Article 21 of the Law of the Republic of Kazakhstan “On Combating Corruption” as of November 18, 2015, I hereby ORDER:

      1. To approve the appended Anti-Corruption Monitoring Rules.

      2. To invalidate Order No. 16 of the Minister of Civil Service of the Republic of Kazakhstan as of December 29, 2015 “On approval of the Anti-Corruption Monitoring Rules” (registered in the State Registration Register of Regulatory Legal Acts under No. 12712, published in the “Adilet” Legal Information System on January 15, 2016).

      3. In the manner prescribed by law, the Department of Anti-Corruption Policy of the Agency for Civil Service Affairs and Anti-Corruption of the Republic of Kazakhstan shall:

      1) ensure state registration of this order with the Ministry of Justice of the Republic of Kazakhstan;

      2) within ten calendar days of the state registration of this order with the Ministry of Justice of the Republic of Kazakhstan, send it to the “Adilet” Legal Information System for official publication;

      3) within ten calendar days of the state registration of this order, send it to the Republican State Enterprise with the Right of Economic Management “Republican Center of Legal Information” of the Ministry of Justice of the Republic of Kazakhstan for its inclusion into the Reference Control Bank of Regulatory Legal Acts of the Republic of Kazakhstan;

      4) place this order on the website of the Agency for Civil Service Affairs and Anti-Corruption of the Republic of Kazakhstan.

      4. Control over execution of this order shall be entrusted to the Deputy Chairman of the Agency for Civil Service Affairs and Anti-Corruption of the Republic of Kazakhstan, who supervises anti-corruption issues.

      5. This order shall take effect on the day of its first official publication.

      Chairman of the Agency
for Civil Service and Anti-Corruption
K.Kozhamzharov
      of the Republic of Kazakhstan

  Approved
by Order № 13 of the
Chairman of the Agency for Civil
Service Affairs and
Anti-Corruption
of the Republic of Kazakhstan as
of October 19, 2016

The Anti-Corruption Monitoring Rules

Chapter 1. General provisions

      1. These Anti-Corruption Monitoring Rules (hereinafter referred to as the Rules) are developed in accordance with subparagraph 3) of paragraph 1 of Article 21 of the Law of the Republic of Kazakhstan “On Combating Corruption” as of November 18, 2015 and establish the procedure for anti-corruption monitoring by anti-corruption entities.

      2. The anti-corruption monitoring is carried out by the authorized body for combating corruption (hereinafter referred to as the authorized body) and other anti-corruption entities.

      3. Other anti-corruption entities are state bodies, quasi-public sector entities, public associations, and other individuals and legal entities.

      4. The anti-corruption monitoring focuses on activities of a state body (state bodies), organizations, quasi-public sector entities regulating the order of interaction in a particular area.

Chapter 2. The anti-corruption monitoring procedure

      5. The authorized body carries out the anti-corruption monitoring by:

      1) studying and evaluating law enforcement practices in the anti-corruption area;

      2) studying activities of state bodies, organizations and quasi-public sector entities in terms of anti-corruption;

      3) studying publications in the media and anti-corruption applications of individuals and legal entities;

      4) studying and assessing causes and conditions conducive to corruption in the activities of persons found guilty in the manner prescribed by law;

      5) considering results of opinion polls on anti-corruption issues;

      6) studying data from legal statistics authorities.

      6. Other anti-corruption entities are allowed to conduct anti-corruption monitoring on their own initiative and send its results to the authorized body for generalization.

      7. The results of anti-corruption monitoring are documented in accordance with the form in the appendix to these Rules.

Chapter 3. Anti-corruption monitoring results

      8. The authorized body considers and analyzes the results of anti-corruption monitoring received from its territorial units and other anti-corruption entities on a regular basis.

      9. On a quarterly basis, pursuant to the results of anti-corruption monitoring, the authorized body draws up an analytical report assessing the current situation in the anti-corruption area and containing a decision in accordance with paragraph 10 of these Rules.

      10. A decision of the authorized body is:

      1) the development of proposals for enhancing the efficiency of anti-corruption entities;

      2) the development of recommendations to analyze corruption risks in activities of anti-corruption entities.

      11. On a quarterly basis, the authorized body places the results of anti-corruption monitoring on its official website.

      12. Pursuant to requests and applications from other anti-corruption entities, the authorized body produces information on the results of anti-corruption monitoring.

  Appendix
to the Anti-Corruption
Monitoring Rules
  Form

The result of anti-corruption monitoring

I. Introduction

      1. The focus of anti-corruption monitoring: _________________.

      2. The anti-corruption monitoring was carried out by:

      individual/legal entity, email address, phone number.

      3. The timing of anti-corruption monitoring: started on ____

      finished on____.

      4. The period of monitoring: activities for ______ (years)

II. Information and analysis

      Quantitative and qualitative indicators characterizing the situation and reasons for the occurrence of corruption in the activities of state bodies, organizations, quasi-public sector entities.

III. Conclusion

      Conclusions. Recommendations and proposals for improving current anti-corruption measures taken by anti-corruption entities.

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