On the portal of open regulatory legal acts in Kazakhstan, a public discussion of the Concept of the draft law “On Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Civil Service and Anti-Corruption Issues” was completed. This concept, judging by the reaction, people considered too soft in order to defeat corruption.
The draft law consists of 13 points aimed at improving anti-corruption legislation. The first paragraph, dedicated to strengthening the responsibility for the corruption of law enforcement officers and judges, reads:
“Judges, along with parliamentary deputies, political civil servants or civil servants of corps A, are categorized as a person holding a responsible public office. For judges, criminal liability for corruption offenses should be stricter, since judges make fateful decisions that are binding on all state bodies, their officials, and citizens. ”
The next point is devoted to the creation of an institution of integrity testing for employees of law enforcement and control and supervisory authorities, which, according to the authors of the bill, will become an effective mechanism in combating corruption.
“In addition to conducting an integrity check only with the approval of a court, it is necessary to legislatively establish other guarantees of protection against abuse. For example, limiting the verification period, prohibiting repeated verification of the same person within a certain period of time. Criminal prosecution of the person being checked should be also excluded. At the same time, in relation to persons who have not passed the integrity test, it is advisable to establish a ban on holding government positions or positions related to the performance of government or equivalent functions for the next three years, ”the Concept notes.
The third point is especially interesting, since it implies the abolition of multiple fines for persons who have committed especially grave corruption crimes.
“Today, the situation is such that punishment in the form of a multiple fine is not always a deterrent for corrupt officials, since their potential illegal earnings often exceed the amount of the fine paid. That is, the fine began to be perceived as a kind of commercial risk”. OECD experts consider the introduction in Kazakhstan of multiple fines for receiving and giving bribes for corruption as a relative easing of sanctions. On this basis, OECD experts have developed new recommendations for Kazakhstan on revising sanctions for corruption crimes to ensure their effectiveness and proportionality, including mandatory imprisonment for, especially grave corruption crimes, excluding the possibility of a less severe type of punishment than imprisonment when convicted for corruption crimes. In this regard, it is proposed to exclude the use of multiple fines for especially grave corruption crimes, the developers suggest.
The fourth point is to criminalize the promise of giving a bribe and the promise of accepting it. The fifth point is to extend the concept of “corruption” to the private sector. The sixth and seventh points are devoted to the institution of public control and the protection of whistleblowers, respectively.
The eighth paragraph – “The introduction of anti-corruption restrictions on the opening and ownership of accounts (deposits) in foreign banks” should be considered in more detail.
“It is proposed to work with state bodies on the issue of introducing restrictions for civil servants and other persons authorized to perform public functions, their spouses, minor children on opening and owning accounts (deposits) in foreign banks located outside the territory of the Republic of Kazakhstan, storage of cash and valuables in foreign banks located outside the territory of the Republic of Kazakhstan, possession and (or) use of foreign financial instruments, “it says.
In fact, the fighters against corruption are proposing to declare a fight against offshore accounts, which are the scourge of Kazakhstan. In the last 5 years alone, the outflow of funds from residents of Kazakhstan outside the country amounted to $ 86 billion. “In the current economic and political situation in the country and the world, this circumstance will improve the political image of the government in the eyes of citizens, and also contribute to the socio-political stabilization of Kazakhstani society,” the developers of the bill are sure.
The remaining five points of the Concept are also important, but we will not dwell on them in detail. If someone wants to get acquainted with them in more detail – here is a link to the draft law.
Much more interesting is the reaction of society to the proposed amendments. Let us quote some of them:
“It is necessary to prohibit the use of funds that were used to support business for all financial operations that are not related to business support, including deposits in the bank’s deposits,” Kadyr Baikenov said.
“I propose to introduce both criminal and financial liability not only for the bribe-giver / recipient, but also for all members of his family, acquaintances, relatives, etc. Those who used or could use the income obtained illegally. In the end, parents, children, friends, wives, lovers should understand that living for millions with a salary of 500 cannot be honest and clean. It is necessary to deprive the briber/recipient of the meaning of receiving/giving a bribe. The confiscation of property and money from everyone who in one way or another received any income from illegal actions will moderate the ardor of those working in their own pockets at my expense. This is especially important for those who, according to their duty, must fight corruption, ”says Petr Lyapunov.
“Our parliament and government blocked Article 20 Illicit Enrichment, of the UN Convention against Corruption 58/4 of October 31, 2003, which was ratified back in 2008! This article says that anything above the salary is illegal and automatically criminalized! However, the so-called “elected people” have ratified this UN Convention, by excluding the Article! This is where we need to start: urgently implement the requirements of the above Article 20 of the UN Convention into all laws! Without this, there’ll be no point, ”Rustembek Musabekov is sure.
“For grave corruption offenses, for systemic corruption, for large embezzlement, a longer-term should be given (in the United States, corruption is sentenced to a term of up to 15 years, and in aggravating situations, up to 20 years) without parole and the right to mitigate the sentence. But with one condition: if a corrupt official “hand over” other corrupt officials, he is guaranteed to be able to avoid such a severe punishment, “Aubakir Arstanbekov suggests.
Note that according to the current legislation, after discussing the proposed regulatory legal acts, the developer, at his discretion, can make amendments under the proposals received. After that, the finalized bill is submitted to deputies for consideration and, if approved, is sent to the head of state for signing. However, the deputies have every right not to accept the bill in the proposed form and return it for revision. It should also be added that often the draft law which deputies receive for consideration is opposite to the one which was submitted for public discussion.
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