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AL-FARABI KAZAKH NATIONAL UNIVERSITY
M.K. Samaldykov
AUTHORIZED BODY FOR THE FIGHT AGAINST CORRUPTION Teaching manual
Almaty «Qazaq University» 2020
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UDK 343 (075) LBC 67.408я73 S 19 Recommended for publication by the Scientific Council of the International Relations Faculty and the Editorial Publishing Council at the Al-Farabi Kazakh National University (Protocol No.4 dated 19.06.2020) Reviewers: PhD, docent Z.M. Baymagambetova Candidate of Law G.A. Mishimbayeva
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Samaldykov M.K. Authorized body for the fight against corruption: teaching manual / M.K. Samaldykov. – Almaty: Qazaq University, 2020. – 96 p. ISBN 978-601-04-4731-8 This teaching manual is an educational and methodological publication that contains both theoretical information about "Authorized body for the fight against corruption" from the training course "Legal framework for combating corruption", as well as materials on the methodology for self-study and practical development of the section. The teaching manual is recommended to students, teachers, civil servants, MP’s, law enforcement officials, as well as to everyone interested in this topic.
UDK 343 (075) LBC 67.408я73 ISBN 978-601-04-4731-8
© Samaldykov M.K., 2020 © Al-Farabi KazNU, 2020
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FOREWORD
In this manual the material is presented in a consistent, clear, accessible form. The theoretical information is presented considering the latest changes in legislation and contains an introductory part, as well as five subsections, section 5 "Authorized body for the fight against corruption" from the training course "Legal framework for combating corruption", which discloses the powers, the system, structure and international cooperation of the authorised anti-corruption body: 5.1. The concept and main directions of the activity of the Agency of the Republic of Kazakhstan on combating corruption; 5.2. The system and structure of the Agency of the Republic of Kazakhstan on combating corruption; 5.3. Anti-corruption service of the authorized anti-corruption body; 5.4. Implementation of the UN Convention against Corruption and increased capacity of law enforcement agencies; 5.5. The international agreement of Kazakhstan with GRECO, which determines the procedure for interaction of the Agency of the Republic of Kazakhstan on combating corruption with an international organization; 5.6. Istanbul Anti-Corruption Action Plan and a specialized body in Kazakhstan. The self-study materials contain not only a list of questions and test tasks for self-control for students, but also questions to practical sessions. The need for a teaching manual originated because the previous edition of the lecture course, which dealt with the specified topic section currently has significantly become outdated and cannot be unequivocally recommended for use in the educational process. This is due primarily to the fact that in July 2019, a process of significant updating of Kazakhstani legislation was carried out, including that presenting a fundamental importance for the organization and establishment of the activities of the authorized body in the fight against corruption. This manual is intended for the students, undergraduates, teachers, civil servants, law enforcement officers and for everyone who is interested in the system, structure, tasks and powers of the authorized body in the fight against corruption, as well as in the international legal aspects of its activities. 3
INTRODUCTION
During the time since the publication of the author's lecture course1 and the preparation of the said training manuals under a separate 5 section of the course "Authorized body for the fight against corruption" the legal status of the Agency of the Republic of Kazakhstan on counteraction to corruption was radically transformed in connection with the adoption of the Decree of the President of the Republic of Kazakhstan dated June 13, 2019 No. 12 "On measures to improve the public administration system". Because of this, the organizational structure of the Agency of the Republic of Kazakhstan on combating corruption has undergone serious improvement. All these and other legal innovations are taken into account in the contents of this teaching manual. The UN Convention against Corruption (Article 6) provides for the establishment of a special anti-corruption body2. In the Anti-Corruption Strategy of the Republic of Kazakhstan for 2015-2025, in subsection 2.1 (Positive trends in the field of anti-corruption), it was noted that a special state body combining regulatory and law enforcement functions in the field of public service and anti-corruption was created. It was intended not only to regulate the organization and passage of public service and monitor the cleanliness of the state apparatus, but also it was given the function of preventing and combating corruption, as well as of criminal prosecution of persons who committed corruption crimes. At the same time, preventive and prophylactic activity was a priority for the created body for civil service affairs and anti-corruption. Then in 2019 in order to further improve the system of public service and anti-corruption under the decree of the President of the Republic of Kazakhstan dated June 13, 2019 № 12 "On measures to improve governance", the Agency for Civil Service Affairs and AntiCorruption was divided into two departments. 1 Samaldykov M.K. Legal framework for combating corruption: lecture course / M.K. Samaldykov. – Almaty: Kazakh University, 2019. – 174 p. 2 United Nations Convention against Corruption. Adopted by General Assembly resolution 58/4 of October 31, 2003 // Source: http://www.un.org/ru/documents/decl_conv/conventions/corruption.shtml
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One of which was the Agency of the Republic of Kazakhstan for Civil Service Affairs, which is an authorized state body in the field of public service and monitoring the quality of public services3, remainning directly reporting to the Head of the State. As for the National Anti-Corruption Bureau (Anti-Corruption Service) of the Agency for Civil Service and Anti-Corruption of the Republic of Kazakhstan, it was transformed into the Anti-Corruption Agency of the Republic of Kazakhstan (Anti-Corruption Service) as a state body also directly subordinate and accountable to the President of the Republic of Kazakhstan. According to the Decree, the Agency is an independent law enforcement agency, endowed with exclusive comprehensive competences in the fight against corruption, while the National Bureau was a department within the Agency of the Republic of Kazakhstan for Civil Service and Combating Corruption. Anti-Corruption Agency is intended to strengthen the fight against corruption and increase the effectiveness of its prevention4. These tasks are directly derived from the mission of this Agency. The word "mission" is defined in the dictionaries as "a responsible role, task, assignment". The current Head of the State, in accordance with his constitutional powers, designated such a "responsible role, task, assignment" to the Agency of the Republic of Kazakhstan on Combating Corruption in the Regulation on this Agency. It is stated that the mission of the Agency is to eradicate corruption in the name of the well-being of the people of Kazakhstan. Thus, the fundamental purpose is the mission, the mission of the anti-corruption service that creates a mechanism for the implementation of constitutional declarations on the highest value of a person, his rights and freedoms, the obligation of the state to recognize, observe and protect the rights and freedoms of a person and a citizen, transform the anticorruption service. The Agency of the Republic of Kazakhstan for anticorruption is the central element of this mechanism to eradicate corruption in the name of the people of the country. Hence, the Agency’s vision as a professional and effective law enforcement agency is openness and protection of the citizens and state institutions of Kazakhstan from corruption. 3 Regulation on the Agency of the Republic of Kazakhstan on Combating Corruption (AntiCorruption Service) // Approved by Decree of the President of the Republic of Kazakhstan dated July 22, 2019 No. 74 // Source: http://anticorruption.gov.kz/ru/management1 4 Information and reference booklet of the Agency of the Republic of Kazakhstan on combating corruption. – author’s remark
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In this regard, the Agency created a unique corporate identity that, according to the author of this manual, cardinally distinguishes it from other law enforcement and special bodies of the state. In addition, it is catchy and adapted to various media, both in print and in digital format. Below are the communication logo and the emblem of the Agency of the Republic of Kazakhstan on combating corruption
The logo takes into account modern requirements. It is simple and easily recognizable. It is based on two elements: the letter "A" and the tip of the spear. By combining them and stylizing, a new communication logo of the Agency has been created5.
The emblem combines a communication logo and a golden eagle with the national flag on the shield, and the Agency’s values are indicated below – justice, integrity, trust. In this way, the coat of arms 5
Anti-corruption service presented a new logo and emblem // Source: https://kapital.kz/gosudarstvo/80813/antikorruptsionnaya-sluzhba-prezentovala-novyye-logotip-i-gerb.html
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conveys a commitment to these values6. It is used on the uniforms of the employees of the authorized body and inside the administrative buildings of the Agency.
5.1. The concept and main activities of the Agency of the Republic of Kazakhstan on combating corruption The Agency of the Republic of Kazakhstan for Combating Corruption (Anti-Corruption Service) (hereinafter – the Agency) is among the law enforcement agencies7. The Anti-Corruption Agency of the Republic of Kazakhstan (Anti-Corruption Service) is a state anti-corruption body directly subordinate and accountable to the President of the Republic of Kazakhstan, carrying out the formation and implementation of the anti-corruption policy of the Republic of Kazakhstan and coordination in the field of anti-corruption, as well as identification, suppression, disclosure and investigation of corruption offenses.
The Agency in its activities is guided by the Constitution and laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan (Decree of the President of the Republic of Kazakhstan dated July 22, 2019 No. 74 "On approval of the Regulations on the Agency of the Republic of Kazakhstan on combating corruption (Anticorruption service)" and the Government of the Republic of Kazakhstan (Decree of the Government of the Republic Kazakhstan dated December 30, 2015 No. 1131 "On approval of the Rules for the Promotion of Persons Reporting a Corruption Offense or otherwise Assisting in Countering corruption"), other regulatory legal acts of the Republic of Kazakhstan. The Agency is subordinate and accountable to the President of the Republic of Kazakhstan on the issues within its competence. 6
Anti-corruption service presented a new logo and emblem // Source: https://kapital.kz/gosudarstvo/80813/antikorruptsionnaya-sluzhba-prezentovala-novyye-logotip-i-gerb.html 7 Article 3 of the Law of the Republic of Kazakhstan dated January 6, 2011 No. 380 IV "On Law Enforcement Service" // Source: http://adilet.zan.kz/rus/docs/Z1100000380
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The Agency carries out its activities directly and (or) through the territorial bodies included in its system in the regions, cities of republican significance, and the capital. The activities of the Agency are carried out in the following main areas. Anti-corruption – area: reception, registration and consideration of applications, messages and other information about criminal offenses; advising individuals and legal entities on anti-corruption issues; organization and implementation of operational investigative activities; the use of special and other technical means during the conduct of covert investigative actions, general and special operational-search measures; pre-trial investigation of criminal cases within the competence of the Agency; execution of applications and requests from other law enforcement and special bodies, including the competent authorities of foreign states; adoption of measures for the state protection of persons subject to state protection provided for by legislative acts; encouragement of persons reporting a corruption offense or otherwise assisting in the fight against corruption in the manner established by the legislation of the Republic of Kazakhstan; establishing the whereabouts and detention of wanted persons hiding from the investigation, inquiry or trial; monitoring the sale of property confiscated in criminal cases of corruption offenses and acquired with funds obtained by criminal means, as a rule, with the subsequent publication of information about its circulation to the state; formation of departmental statistics; interaction within its competence with other state bodies, organizations and relevant bodies of foreign states on the identification, suppression, disclosure and investigation of corruption offenses; collection (acquisition), permanent storage and use of archival documents in a special state archive. Administrative – legal area: carrying out proceedings on cases of administrative offenses referred to the competence of the Agency in the manner established by the Code of the Republic of Kazakhstan on administrative offenses. Other areas: 1) development and implementation of strategic and program documents in the field of anti-corruption; 8
2) development and adoption of regulatory legal acts in the field of combating corruption in accordance with the legislation of the Republic of Kazakhstan; 3) an external analysis of corruption risks; 4) monitoring the implementation by state bodies, organizations and entities of the quasi-public sector of recommendations made based on the results of an external analysis of corruption risks; 5) making recommendations to the Government of the Republic of Kazakhstan on eliminating the causes and conditions of corruption; 6) determination of a standard procedure for conducting an internal analysis of corruption risks; 7) conducting anti-corruption monitoring; 8) organization of anti-corruption education; 9) coordination of activities of state bodies and organizations in the execution of the state social order aimed at the formation of an anti-corruption culture; 10) development of proposals for improving educational programs in the field of the formation of an anti-corruption culture; 11) interaction with civil society institutions on anti-corruption issues; 12) determination of the list of information to be published as part of the implementation of financial control measures; 13) preparation of draft international treaties on anti-corruption issues, interaction with relevant bodies of foreign states on anti-corruption issues, participation, within the limits of their authority, in the activities of international organizations; 14) development of draft regulatory legal acts in the areas of combating corruption in accordance with the legislation of the Republic of Kazakhstan; 15) annual formation of the National report on combating corruption in the Republic of Kazakhstan and its introduction in the manner prescribed by the legislation of the Republic of Kazakhstan; 16) control, coordination and assessment of the activities of the territorial bodies of the Agency; 17) ensuring the security regime for administrative buildings of the Agency and access control; 18) accounting and control over the safety of weapons, ammunition, special protective equipment, which are in service with the Agency; 19) mobilization training, increasing the sustainability of the Agency's work in case of emergency in peacetime and wartime; 9
20) ensuring the protection of state secrets and departmental control over the observance of the secrecy regime; 21) implementation of the information security policy, ensuring and improving the technical and information activities of the Agency; 22) financial and material and technical equipment of operational investigative activities within the budget funds allocated to the Agency for these purposes; 23) implementation of the internal state financial audit of the territorial bodies of the Agency; 24) development, creation, acquisition, operation and modernization of information systems that provide solutions to the tasks assigned to the Agency; 25) development and implementation of a single personnel policy of the Agency; 26) prevention, debarment and suppression of offenses among the personnel of the Agency; 27) reference and information activities. The activities of the Agency are built in accordance with the principles of: legality; the priority of protection of the rights, freedoms and legitimate interests of the man and citizen; publicity and transparency; interaction between the state and civil society; systematic and integrated use of anti-corruption measures; priority application of measures to prevent corruption; encouragement of persons assisting in the fight against corruption; the inevitability of punishment for committing corruption offenses. The listed principles are enshrined in Article 4 of the Law of the Republic of Kazakhstan dated November 18, 2015 No. 410-V "On Combating Corruption" (as amended on December 28, 2018)8. They are fundamental in the development of anti-corruption measures. We made this conclusion in the published lecture course. In it, the author indicated that the listed principles are only declared by law, and their contents are not disclosed. In this connection, the author in the course of lectures made an attempt to interpret them9. 8
Source: http://online.zakon.kz/Document/?doc_id=33478302#pos=2;-245 Samaldykov M.K. Legal framework for combating corruption: lecture course / M.K. Samaldykov. – Almaty: Kazakh University, 2019. – P. 20-28. 9
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In the previously published course of lectures we made an emphasis not only on what is specified in the law as the basis of the governing principles in the development of anti-corruption measures, but also acts as the fundamentals for the organization and activities of the Agency of the Republic of Kazakhstan on combating corruption in general. These principles determine the policy of appointment and government of the agencies, define their tasks and powers, as well as the content and nature of the legal means and methods for the eradication of corruption in the name of the well-being of the people of Kazakhstan. They also contain the sign that determines the difference between the Agency and three other law enforcement agencies of the Republic of Kazakhstan.
5.2. The system and structure of the Agency of the Republic of Kazakhstan on combating corruption The Agency includes its central office and territorial bodies in the regions, cities of republican significance, the capital (clause 2 of the Regulation). Scheme 1. The system of the Agency of the Republic of Kazakhstan on combating corruption (Anti-corruption service). Anti-Corruption Agency of the Republic of Kazakhstan (Anti-Corruption Service) Central office Territorial authorities in regions, cities of republican significance, the capital
The Anti-Corruption Agency of the Republic of Kazakhstan (Anti-Corruption Service) is a state anti-corruption body directly subordinate and accountable to the President of the Republic of Kazakhstan, carrying out the formation and implementation of the anti-corruption policy of the Republic of Kazakhstan and coordination in the field of anti-corruption, as well as the identification, suppression, disclosure and investigation of corruption offenses (Regulation on the Agency of the Republic of Kazakhstan on combating corruption (anticorruption service), approved by the Decree of the President of the Republic of Kazakhstan dated July 22, 2019 No. 74). 11
The main tasks of the Anti-Corruption Agency of the Republic of Kazakhstan (Anti-Corruption Service) (paragraph 15 of the Regulation) are: the formation and implementation of state policy in the field of anti-corruption; identification of conditions and reasons conducive to the commission of corruption offenses, and elimination of their consequences; organization of a set of measures aimed at the formation of an anti-corruption culture in society; coordination of activities of the state bodies, organizations and entities of the quasi-public sector in the prevention of corruption; development of international anti-corruption cooperation; detection, suppression, disclosure and investigation of corruption offenses. The Chairman of the Anti-Corruption Agency of the Republic of Kazakhstan heads the Agency, he is appointed to the post and dismissed by the President of the Republic of Kazakhstan. The Chairman of the Anti-Corruption Agency of the Republic of Kazakhstan has deputies appointed and dismissed on the proposal of the Chairman of the Agency of the Republic of Kazakhstan by the President of the Republic of Kazakhstan. The number of Vice-Chairmen of the Agency of the Republic of Kazakhstan is established by the President of the Republic of Kazakhstan. Currently, the Agency of the Republic of Kazakhstan on combating corruption is allowed to have three deputies, including one first deputy. Scheme 2. Structure of the Central Office of the Agency of the Republic of Kazakhstan on Combating Corruption (Decree of the President of the Republic of Kazakhstan dated July 22, 2019 No. 74). Management of the Agency of the Republic of Kazakhstan on combating corruption Departments of the central Chairperson's Internal Audit Service of apparatus Secretariat the Central Office
Management of the Anti-Corruption Agency of the Republic of Kazakhstan: The Chairman of the Anti-Corruption Agency of the Republic of Kazakhstan; First Deputy Chairman of the Agency; ViceChairpersons; Head of the Office of the Agency of the Republic of Kazakhstan on Combating Corruption.
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Departments of the Anti-Corruption Agency of the Republic of Kazakhstan were established in the Agency's areas of activity. The following departments were established at the Agency’s Headquarters: The Office of the Chairman; Department of Prevention; Department of Integrity; Partnership Department; 1st department; 2nd department; 3rd department; 4th department; 5th department; Department of Strategy and Operational Management (Headquarters); Department of Administrative Law; HR Department; Department of Homeland Security; Internal Audit Service. The new structure of the agency reflects the priority of preventing corruption, so three new departments were created to strengthen this direction10. The Department of Prevention was established for anticorruption monitoring, analysis of the risks of corruption, followed by the elimination of the causes and conditions of administrative barriers and bureaucratic procedures. Anti-corruption monitoring allows you to keep abreast and identify "pain points" that affect the social wellbeing of our citizens. To do this, systematic monitoring of publications in the media, the Internet, social networks is carried out. The issues of concern to the population immediately find response from the authorized body. Approaches for conducting such monitoring are currently being improved. By the order of the Chairman of the Agency, two of its forms have been determined – cyclical and thematic. The first form is aimed at monitoring constantly recurring, cyclical events in the life of society, for example, annual allocation of subsidies for agricultural works, conducting the UNT, distribution of grants, etc. The second form of monitoring is aimed at studying problematic issues in a particular area. This may be an introduction of a new legislative norm that affects society, or the problems of a specific target group. The analysis of corruption risks is recognized by the OECD experts as an 10
The Department of Integrity has appeared in the Anti-Corruption Service // Source: https://kapital.kz/gosudarstvo/79994/v-antikorruptsionnoy-sluzhbe-poyavilsya-departament-dobroporyadochnosti.html
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effective preventive mechanism in the fight against corruption. Since the beginning of 2019, the analyses have been carried out at the Ministry of Labor and Social Protection of the Population, JSC NC AvtoZhol JSC, the National Center for the Expertise of Medicines of the Ministry of Health, the Committee for Veterinary Control and Supervision of the Ministry of Agriculture, the State Revenue Committee for Customs, the National Olympic Committee, the State Reserve Committee of the Ministry of National Economy. In three cases out of seven, an analysis of corruption risks was carried out at the initiative of the organization itself. This clearly indicates the changing attitude towards corruption and the formation of the culture of its rejection in the society. Such an interest of the leadership of state bodies in eradicating the causes and conditions conducive to the commission of corruption offenses allows us to depart from departmental interests and determine precisely those solutions to problematic issues that most closely correspond to the needs of society. Based on the results of the analysis, specific measures are developed to eliminate the identified causes and conditions of corruption. The results of the analyses are openly and widely discussed at the republican level together with the members of the public. In hearings through video conferencing, the territorial divisions of the Agency and the analyzed state body, akimats, members of special monitoring groups, and regional chambers of entrepreneurs "Atameken" take part. This approach to reviewing the results of the analyses allows to considering the opinion of the regions, responding to their needs, and giving precise instructions on solving certain problems. In modern conditions, any government agency can count on success only with real and effective support from society. Effective anti-corruption, in particular, is possible only with the active participation of the population. The Agency Call Center 1424 provides free informational and consulting support to citizens. Operators answer questions about the activities of the agency, accept complaints, suggestions and feedback on the activities of the anti-corruption service and its employees, explain the procedure for applying for work. The Center around the clock responds to telephone messages about the facts of corruption, including those concerning committed or impending offenses, as well as about cases of obstruction of entrepreneurial activity. If previously a pre-trial investigation was carried out on the basis of the materials from operational developments and documentary checks by the con14
trol and oversight bodies, today the Agency also relies on the reports from caring citizens. When a call comes in about the suspicion of a corruption offense, the operator immediately connects the subscriber to the Agency's duty officer, who registers the message and takes prompt response measures. Thus, each message is checked in a timely manner. If there are sufficient grounds, a pre-trial investigation begins. The Integrity Department has been given the task of forming an anti-corruption worldview and legal awareness, cultivating ethics and integrity, as well as coordinating Agency projects. The department works to promote an appropriate ideology in the context of the formation of an anti-corruption culture and in close cooperation with government agencies and civil society (on the principle of "from family to work career"). The driver is the project "Adaldyk Alagy" ("Regions free from corruption"), within the framework of which the directions "Protecting business and investments", "Sanaly Orpak" ("Conscious generation") are also implemented. The main goal of the Adaldyk Alagy project is to eradicate domestic corruption and eliminate corruption risks in socially significant areas. The Project Objectives are: creation of comfortable conditions for citizens in the provision of public services; formation of an anti-corruption culture; strengthening public control; large-scale promotion of the ideology of integrity. In order to effectively distribute and save budgetary funds, the transformation of state bodies, medical and educational institutions is continued by optimizing the staffing and surplus space, as well as reducing administrative costs. The work aimed at increasing the transparency of government bodies is underway. About 400 institutions operate in the open space format. Anti-corruption centers have been established in three regions of the country. The Agency plans to open such centers in most of the territorial divisions, which should become the platform for interaction, a dialogue between civil society and state bodies. Anti-corruption centers will become a dialogue platform for everyone. Akims, who wish to reduce and eliminate domestic corruption as soon as possible, will take part in the work of such centers 11. 11
Shpekbayev: Anti-corruption centers will become a dialogue platform for everyone // Source: https://forbes.kz/news/2019/12/04/newsid_214109
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Service akimats with convenient front offices are being opened (up to regional akimats and rural districts). About 2000 of the first heads of state institutions were moved to the first floors, the same number will be covered before the end of the year. As a result of the work, comfort in servicing the residents was improved and all the necessary conditions for facilitated access to information were provided. In order to assess the effectiveness of using the budget of social facilities and infrastructure under the auspices of the Adaldyk Alagy project, an Interactive Open Budget Map (www.publicbudget.kz) was introduced on the initiative of the Public Foundation "Development Fund for Parliamentarism in Kazakhstan" and with the financial support from the Netherlands Embassy. Currently, the card is valid in the city of Nur-Sultan, in future it is planned to post the information on budgets throughout the Republic. The map in a real time displays a detailed information about the allocated budget funds for the construction, repair and maintenance of urban facilities. Any citizen can report any violations 24 hours a day. Also, within the framework of the project, the creation of the "Initiative Budget" module is being worked out as part of the phased implementation of the public participation budget. In order to speed up the formation of the culture of integrity in the society within the framework of the project, with the coordination of the anti-corruption service bodies, about 500 differently formatted anti-corruption activities are carried out daily throughout the country (at least three in each region of the country). Thus, the residents of all settlements of the Republic, including the most remote villages and small towns, are covered by anti-corruption propaganda. Today, the project has become a kind of a "bridge" between the state and society, thanks to which members of the public can not only express their point of view on the ongoing anti-corruption policy, but also directly participate in its implementation12. In order to increase the confidence of business and investors in government institutions, as well as to protect their legal rights and interests, a project office "Protecting Business and Investments" was created. Achievement of the goal is expected by accompanying all the 12 Information and reference booklet of the Agency of the Republic of Kazakhstan on combating corruption. – author’s remark
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processes that an entrepreneur faces not only in the framework of entrepreneurial activity, but also in everyday life. This initiative of the authorized anti-corruption body has found a wide support among domestic and foreign investors. To date, the office is conducting anticorruption support for 345 projects of domestic and foreign investors for a total amount of over 11.6 trillion tenge. About 29% of the supported projects include the participation of foreign investors (Netherlands, Switzerland, Great Britain, Japan, France, Russia, Turkey, Germany, China, the United Arab Emirates, Korea, Poland, Malaysia, etc.). To accompany the company, it is enough to sign an agreement under which it undertakes to conduct an honest business. Since the beginning of the year, 93% of received applications from entrepreneurs and investors have been approved positively (576 of 618). The agency suppresses all forms of unlawful administrative pressure on business. As part of the law enforcement bloc protecting business from unlawful interference by government agencies in 2019, 221 facts were identified, 155 persons were brought to justice. The rights of 210 entrepreneurs are protected. In turn, business creates jobs, which has a positive effect on the socio-economic conditions of the region. The Agency resolves all identified systemic problems in the work of the business in close cooperation with NPP Atameken. In the context of increasing regional competition for foreign investment, this project makes a significant contribution to increasing the competitive advantage of Kazakhstan in Central Asia and stimulates the development of a respectable business environment in the country. The Partnership Department is responsible for public relations, mass media, and international cooperation. The Partnership Department implements the Agency's informational image policy on ensuring interaction with the media in terms of covering the main areas of activity, and also provides support for the Agency's activities in cooperation with states and international organizations in the framework of international cooperation. Feedback from the public is carried out through weekly press conferences, maintenance of the official accounts of the Agency on social networks, speeches by the employees on various communication platforms, and involvement citizens in the events of the Agency. Equally important is the work with international organizations in the field of combating corruption. On September 2, 2019, a memorandum of understanding between the UN and the 17
Agency was signed in Vienna (Austria). The Head of State signed the Decree of August 27, 2019 No. 139 "On signing of the Agreement between the Republic of Kazakhstan and the Council of Europe regarding the privileges and immunities of representatives of members of the Group of States against corruption and members of assessment groups". The agreement signing with the GRECO took place on October 15 in Strasbourg (France). Thanks to the support of the deputies in a fairly short time, the bill on ratification of the agreement was approved by both Houses of Parliament and on December 30, 2019, the head of the state signed the corresponding law. From that moment, Kazakhstan became the new 50th member of the GRECO. Joining the GRECO opens the possibility of ratification of the Criminal Law Convention on Corruption. In the future, this will strengthen cooperation with European countries on the provision of legal assistance, extradetion of criminals and return of property illegally acquired by them, and will create the basis for the participation of Kazakhstan law enforcement officers in operational investigative activities conducted on international investigative orders in the territory of European states. The GRECO is an initiative within the framework of the Council of Europe, established in 1999, which before the accession of Kazakhstan included 49 states, such as Austria, the USA, Great Britain, Germany, France, the Netherlands, Finland and other countries. The participants of the GRECO are such countries of the former Soviet Union as Azerbaijan, Armenia, Belarus, Georgia, Russia, Ukraine and Estonia. The two main tasks assigned to the GRECO are improvement of the methods of combating corruption in the participating countries and creation of the base for the exchange of best practices of the prevention and detection of cases of corruption. The issue of opening the Office of the Regional Advisor to the Office of the United Nations High Commissioner for Drugs and Crime is being considered. The placement of the adviser in Kazakhstan will give an additional impetus to strengthening anti-corruption policies and expanding international cooperation both within the region and with the outside world. The operational investigative unit has been significantly strengthened. In addition to the existing structures13, two new departments 13
The previous structure can be found: Samaldykov M.K. Legal framework for combating corruption: lecture course / M.K. Samaldykov. – Almaty: Kazakh University, 2019. – Р. 47.
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have been created, whose task is to identify and investigate corruption offenses in the quasi-public sector, as well as in judicial and law enforcement agencies. This decision is dictated, firstly, by the strategic importance of eradicating corruption in the activities of national holdings, companies and enterprises with state participation, which are absorbing huge funds. Secondly, the level of corruption in law enforcement and judicial bodies is seriously undermining public confidence. All countries that have achieved tangible results in reducing corruption have started with law enforcement. An early change in the situation in these structures will provide a multiplier effect that can minimize corruption in other areas. The range of activities of the Department of Internal Security has been expanded. If earlier it was focused mainly on the identification and suppression of corruption among the personnel, now it has been given the task of comprehensive monitoring of corruption risks arising in the activities of Agency employees. The new structure includes the units that will provide the main activities of the Agency. The Department of Strategy and Operational Management (Headquarters) is entrusted with the functions of strategic planning, organizational and analytical work, and the fonctions of a call center. In the activities of the HR department, priority will be given to the development of human capital, e.g., through the formation of a modern system of continuing education and staff development. The Regulation on structural units of the central apparatus of the Agency of the Republic of Kazakhstan on combating corruption is approved by the President of the Republic of Kazakhstan. A board is formed at the Agency of the Republic of Kazakhstan for Combating Corruption, composed of the Chairman of the Agency (chairman of the board), his deputies, as well as senior employees of the central office and structural divisions of the Agency appointed by the Chairman. Representatives of the Parliament of the Republic of Kazakhstan, the Administration of the President of the Republic of Kazakhstan, the Office of the Prime Minister of the Republic of Kazakhstan, as well as representatives of other state bodies and the media, non-governmental organizations may be invited to a meeting of the board of the Agency. Members of the Public Council on Agency activities are entitled to participate in the board meeting. 19
The Board of the Agency is an advisory body, its decisions are binding on the employees public servants of the central office of the Agency and its territorial bodies. At board meetings, issues of execution of acts and instructions of the Head of State, the most pressing issues of the Agency’s performance, improvement of the work efficiency are considered, the reports of the heads of structural divisions and territorial bodies of the Agency are heard, and problematic issues and tasks for the near future are discussed. The range of issues addressed by the Agency’s operational meeting includes: the state of organization of performance of activities among the structural units of the Agency, measures to improve work results, the state of performance discipline, information and image work, reports of the heads of structural divisions, territorial bodies of the Agency, current issues related to ensuring effective Agency activities. The meetings of strategic sessions address the issues of strategic development of the Agency. As necessary, the reports of the heads of the structural divisions of the Agency on the work done and the fulfilment of the instructions of the Chairman are heard. Operational meetings are held on the issues initiated by the management of the Agency or by the heads of structural units of the Agency. Operational meetings are chaired by the Chairman of the Agency. On behalf of the Chairperson, meetings can be chaired by one of his deputies, the head of the Agency’s staff or the head of the Agency’s structural unit within their competence. Meetings may be initiated by the First Deputy Chairperson, ViceChairpersons, the Chief of Staff of the Agency or heads of structural divisions of the Agency in agreement with the Chairperson. If necessary, meetings can be held with the territorial bodies of the Agency through video conferencing. The range of issues addressed by the Agency’s operational meetings includes: the state of organization of work on the prevention of corruption, formation of an anti-corruption culture, interaction with the public, international and foreign organizations, operational investigative activities, measures to improve the work of the Anti-Corruption Service, the state of performance discipline, reports of the heads of units, as well as other issues related to ensuring the effective operation of the Agency. 20
As necessary, information is heard from the heads of the structural divisions of the Agency on the work done and the fulfilment of the Chairman’s instructions. Territorial bodies of the Agency of the Republic of Kazakhstan on combating corruption are: the departments of the Agency of the Republic of Kazakhstan on combating corruption in the regions, cities of republican significance, the capital (clause 2 of the Regulation). The Regulations on the territorial bodies of the Agency, as well as their structure within the limit of the total staffing, approved by the President of the Republic of Kazakhstan, are authorized by the Chairman of the Agency of the Republic of Kazakhstan on combating corruption (clauses 9), 10) clauses 21 of the Regulations). Territorial bodies are governed by the heads appointed and dismissed by the Chairman of the Agency of the Republic of Kazakhstan on combating corruption (paragraph 4), paragraph 21 of the Regulation). The head of the territorial authority manages the territorial authority on the basis of unity of command and is personally responsible for the fulfilment of the tasks assigned to the territorial authority, the state of official discipline and legality among subordinate employees, and the effectiveness of preventive and educational work with them. The head of the territorial body has deputies who are also appointted and dismissed by the Chairman of the Anti-Corruption Agency of the Republic of Kazakhstan (paragraph 4), paragraph 21 of the Regulation). The territorial body (Department), on matters within its competence, in the manner prescribed by the legislation of the Republic of Kazakhstan, makes decisions drawn up by orders of the head of the Department and other acts provided for by the legislation of the Republic of Kazakhstan Organization of the Department. The Department in its activetyes is subordinate to the Agency. The powers of the head of the Department. The Head of the Department: in accordance with the tasks assigned to the Department, organizes and carries out general management of its activities; determines the powers of its deputies and employees (public servants) of the Department; in the manner prescribed by law, resolves 21
the issues of secondment, vacation, financial assistance, training (retraining), advanced training, promotion of managers and employees public servants of the Department; takes disciplinary measures against the employees public servants of the Department in the manner established by the legislation of the Republic of Kazakhstan and acts of the Chairman of the Agency; within the limits of competence, signs the legal acts of the Department; represents the Department in relations with state bodies and other organizations in accordance with the law; submits for consideration by the Chairman of the Agency: proposals on the structure of the Department within the limits of the staff number; views on the appointment and dismissal of the employees public servants of the Department, the appointment and dismissal of which are referred to the competence of the legislation of the Republic of Kazakhstan or acts of the Chairman of the Agency; ideas on awarding the employees (public servants) of the Department with state and departmental decorations. makes decisions on other issues within its competence. The execution of the powers of the head of the Department during his absence is carried out by the order of the Chairman of the Agency. The head of the Department has the right to form advisory bodies at the Department. Tasks of the territorial Department: implementation of state anti-corruption policy; identification of conditions and reasons conducive to the commission of corruption offenses, and elimination of their consequences; organization of a set of measures aimed at creating an anticorruption culture in the society; coordination of activities of state bodies, organizations and entities of the quasi-public sector in the prevention of corruption; identification, suppression, disclosure and investigation of corruption offenses.
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Functions of the territorial Department: conducting an external analysis of corruption risks; monitoring the implementation by government bodies, organizations and entities of the quasi-public sector of the recommendations made based on the results of an external analysis of corruption risks; anti-corruption monitoring; organization of anti-corruption education; coordination of the activities of state bodies and organizations execution of the state social order aimed at the formation of an anti-corruption culture; development of proposals for improving educational programs in the formation of an anti-corruption culture; interaction with civil society institutions on anti-corruption issues; study and dissemination of positive anti-corruption experience; implementation of proceedings on administrative offenses in the manner prescribed by the Code of the Republic of Kazakhstan on administrative offenses; advising individuals and legal entities on anti-corruption issues; reception, registration and consideration of applications, messages and other information about criminal offenses; organization and implementation of operational investigative activities; the use of special and other technical means during the conduct of covert investigative actions, general and special operationalsearch measures; pre-trial investigation; execution of applications and requests from law enforcement and special authorities; taking measures provided for by legislative acts for state protection of persons subject to state protection; encouraging people who report a corruption offense or otherwise assist in the fight against corruption, in the manner established by the legislation of the Republic of Kazakhstan; establishing the location and detention of wanted persons who have hidden from the investigation, inquiry or trial; 23
monitoring the sale of property confiscated in criminal cases of corruption offenses and acquired with funds obtained by criminal means, as a rule, with the subsequent publication of information about its circulation to the state; formation of departmental statistics; interaction within its competence with the territorial divisions of other state bodies, organizations on the identification, suppression, disclosure and investigation of corruption offenses; ensuring the security regime for administrative buildings of the Department and access control; accounting and control over the safety of weapons, ammunition, special protective equipment that is in service with the Department; mobilization training, increasing the sustainability of the Department in emergency situations in peacetime and wartime; ensuring the protection of state secrets and departmental control over the observance of the secrecy regime; implementation of information security policies, ensuring and improving the technical and information activities of the Department; financial and material and technical equipment of operational investigative activities, within the budget allocated to the Department for these purposes; the use of information systems that provide solutions to the tasks assigned to the Department; prevention, debarment and suppression of offenses among the personnel of the Department; other functions assigned by the legislation of the Republic of Kazakhstan. Rights and obligations of the territorial Department: to make suggestions on improving anti-corruption measures; to request and receive from the government bodies, organizations, officials the necessary information and materials, including those obtained from information resources in the manner established by the legislation of the Republic of Kazakhstan; to involve specialists and (or) experts of other anti-corruption actors in conducting an external analysis of corruption risks; 24
to accept, register and consider applications and reports of crimes committed or being prepared, take timely measures to sup-press, disclose, detain persons who committed them and prevent socially dangerous acts; to analyze the practice of operational investigative and investigative activities, pre-trial investigation of corruption crimes; in criminal cases in proceedings, to expose the persons who evade a call; to seize or subduct documents, goods, objects or other property in accordance with the criminal procedure legislation of the Republic of Kazakhstan and (or) the legislation of the Republic of Kazakhstan on administrative offenses; to use temporary detention facilities, pre-trial detention facilities in the manner prescribed by the legislation of the Republic of Kazakhstan; to submit to state bodies, organizations or persons performing managerial functions in them, proposals on taking measures to eliminate circumstances or other violations of the law in the manner established by the criminal procedure legislation of the Republic of Kazakhstan; to require the performance of audits, tax and other audits, audits and evaluations from the authorized bodies and officials in cases provided for by the legislation of the Republic of Kazakhstan; in accordance with the legislation of the Republic of Kazakhstan, to use information systems that provide solutions to the tasks assigned to the Department; to escort detainees and inmates; to develop and submit proposals to the Agency Chairman on improving the legal framework in the field of anti-corruption; in cases of violation of the legislation of the Republic of Kazakhstan on combating corruption, to take measures in the manner prescribed by law; to comply with the law when accepting, registering, recording and considering applications, communications, complaints and other information about offenses; within the competence of the Department to ensure the identification, suppression and disclosure of crimes through the implementtation of general and special operational-search measures, covert investigative actions, recording their results for use in criminal proceedings; 25
to carry out pre-trial investigation in the manner prescribed by the criminal procedure legislation of the Republic of Kazakhstan; to keep count and exercise control over the safety of weapons, ammunition, special protective equipment that is in service with the Department; to take into account and store criminal cases where the terms of the pre-trial investigation are interrupted, material evidence in criminal cases, as well as the cases of operational accounting and covert investigative actions; to consider acts of prosecutorial response and judicial acts; to carry out proceedings on cases of administrative offenses, as well as to take measures to ensure the proceedings on a case of administrative offenses in the manner prescribed by the Code of the Republic of Kazakhstan "On Administrative Offenses"; to take measures to establish the whereabouts and organize the detention of wanted persons; to exercise other rights and obligations stipulated by the legislation of the Republic of Kazakhstan. Table 1 Rights and obligations of the Agency of the Republic of Kazakhstan on combating corruption (clause 17 of the Regulation) Rights
Responsibilities
1 1) to request and receive from state bodies, organizations, officials the necessary information and materials, including those obtained from information resources, in the manner established by the legislation of the Republic of Kazakhstan; 2) to involve specialists and (or) experts of other anti-corruption actors in conducting an external analysis of corruption risks;
2 1) to accept, register and consider statements and reports of crimes committed or being prepared, take timely measures to suppress, disclose, detain persons who committed them and prevent socially dangerous acts; 2) to comply with the law when accepting, registering, registering and considering applications, communications, complaints and other information about offenses;
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1 3) in criminal cases in proceedings, to expose the persons evading a call; 4) to seize or subduct documents, goods, objects or other property in accordance with the criminal procedure legislation of the Republic of Kazakhstan and (or) the legislation of the Republic of Kazakhstan on administrative offenses; 5) to use temporary detention facilities, pre-trial detention facilities in the manner prescribed by the legislation of the Republic of Kazakhstan; 6) to submit to the state bodies, organizations or persons performing managerial functions in them, proposals on taking measures to eliminate circumstances or other violations of the law in the manner established by the criminal procedure legislation of the Republic of Kazakhstan; 7) to require the performance of audits, tax and other inspections, audits and evaluations from the authorized bodies and officials in cases provided for by the legislation of the Republic of Kazakhstan; 8) in accordance with the legislation of the Republic of Kazakhstan, to create and use information systems that provide solutions to the tasks assigned to it, in the manner established by the legislation of the Republic of Kazakhstan; 9) to escort detainees and persons taken into custody; 10) to exercise other rights stipulated by the legislation of the Republic of Kazakhstan (paragraph 25), paragraph 17 of the Regulation).
2 3) to analyze the practice of operational investigative and investigative activities, pre-trial investigation of corruption crimes; 4) within the competence of the Agency, to ensure detection, suppression and disclosure of crimes through the implementation of general and special operational-search measures, covert investigative actions, recording their results for the use in criminal proceedings; 5) to carry out pre-trial investigation in the manner prescribed by the criminal procedure legislation of the Republic of Kazakhstan; 6) to keep count and exercise control over the safety of weapons, ammunition, special protective equipment that is in the arsenal of the Agency; 7) to take inventory and keep criminal cases, according to which the terms of the pre-trial investigation are interrupted, material evidence in criminal cases, as well as the cases of operational records and secret investigative actions; 8) to consider the acts of prosecutorial response and judicial acts; 9) to carry out proceedings on administrative offenses, as well as to take measures to ensure the proceedings on an administrative offense in accordance with the procedure established by the Code of the Republic of Kazakhstan on administrative offenses; 10) to carry out measures to establish the location and detention of wanted persons; 11) to organize, within the established competence of the Agency, the extradition of wanted persons;
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2 12) to improve the forms and methods of combating corruption crimes, to determine the strategy and tactics of operational-search activities, to develop and implement measures to increase their effectiveness; 13) to develop regulatory legal acts on the issues related to the activities of the Agency, its territorial bodies; 14) in cases of violation of the legislation of the Republic of Kazakhstan on combating corruption, to take measures in the manner prescribed by law to eliminate them; 15) to make proposals to the President of the Republic of Kazakhstan on the issues of improving anti-corruption measures; 16) carry out other duties stipulated by the legislation of the Republic of Kazakhstan (paragraph 25), paragraph 17 of the Regulation).
The Chairman of the Agency of the Republic of Kazakhstan on combating corruption, his rights and obligations The main list of powers of the Chairman of the Anti-Corruption Agency of the Republic of Kazakhstan is enshrined in the Regulation on the Anti-Corruption Agency of the Republic of Kazakhstan (AntiCorruption Service) (Approved by the Decree of the President of the Republic of Kazakhstan dated July 22, 2019 No. 74). These apply to the organization and activities of the Anti-Corruption Agency of the Republic of Kazakhstan headed by him. So, the Chairman of the Agency of the Republic of Kazakhstan on combating corruption has the right: 1) to determine the powers of their deputies and the head of the apparatus; 2) on behalf of the Agency, to issue binding legal acts, within his competence – regulatory legal acts binding on other state bodies, individuals and legal entities; 3) in the manner prescribed by the legislation of the Republic of Kazakhstan, to impose disciplinary sanctions and apply incentive measures to employees (public servants) of the Agency, its territorial bodies; 28
4) to give instructions and directions to subordinate employees (public servants), to take other organizational and administrative measures to carry out state functions that are within the competence of the Agency; 5) to establish advisory bodies at the Agency; 6) to approve the provisions on the territorial bodies of the Agency; 7) to approve the structure of the Agency’s territorial bodies within the limit of the total staff number approved by the President of the Republic of Kazakhstan; 8) to exercise other powers in accordance with the legislation of the Republic of Kazakhstan. He has a number of responsibilities: 1) to organize and supervise the work and coordinate the activeties of the Agency, to monitor the activities of the territorial bodies of the Agency; 2) in the manner prescribed by the legislation of the Republic of Kazakhstan, to appoint and dismiss employees (public servants) of the Agency, heads of territorial bodies of the Agency, and their deputies; 3) to establish qualification classes for the employees of the Agency and its territorial bodies in the manner established by the legislation of the Republic of Kazakhstan; 4) to make representations to the President of the Republic of Kazakhstan on awarding the employees (public servants) of the Agency, its territorial bodies with state decorations and conferring on them the honorary titles of the Republic of Kazakhstan; 5) to represent the Agency in relations with the state bodies and other organizations in accordance with the legislation of the Republic of Kazakhstan; 5.3. Anti‐corruption service of the authorized anti‐corruption body One of the main structural units of the authorized body for combating corruption is the Anti-Corruption Service. In accordance with 29
Article 19 of the Law of the Republic of Kazakhstan dated November 18, 2015 No. 410-V ЗРК "On Combating Corruption", the Anti-Corruption Service is the operational investigative units of the authorized body for combating corruption, carrying out activities aimed at prevention, detection, suppression, disclosure and investigation of corruption crimes. The main tasks of the Anti-Corruption Service are: prevention, detection, suppression, disclosure and investigation of corruption crimes; exercise of other powers conferred by the laws of the Republic of Kazakhstan, as well as acts of the President of the Republic of Kazakhstan. To solve these problems, the Anti-Corruption Service has established operational investigative units14, including two new departments whose tasks are to identify and investigate corruption offenses in the quasi-public sector, as well as in judicial and law enforcement agencies. The anti-corruption service of the authorized anti-corruption body within the scope of its authority has the right: 1) to conduct an analysis of the practice of operational-search and investigative activities, pre-trial investigation of corruption crimes; 2) in criminal cases in proceedings, to expose the persons evading calls; 3) to seize or appropriate documents, goods, objects or other property in accordance with the criminal procedure legislation of the Republic of Kazakhstan and (or) the legislation of the Republic of Kazakhstan on administrative offenses; 4) to use temporary detention facilities, pre-trial detention facilities in the manner prescribed by the legislation of the Republic of Kazakhstan; 5) to submit to state bodies, organizations or persons performing managerial functions in them, proposals on taking measures to eliminate circumstances or other violations of the law in the manner established by the criminal procedure legislation of the Republic of Kazakhstan; 14
Samaldykov M.K. Legal framework for combating corruption: lecture course / M.K. Samaldykov. – Almaty: Kazakh University, 2019. – Р. 47.
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6) is excluded by the Law of the Republic of Kazakhstan dated 06.04.2016 No. 484-V (shall be enforced upon the expiry of ten calendar days after the day of its first official publication); 7) to require the performance of audits, tax and other inspections, audits and evaluations from the authorized bodies and officials in cases provided for by the legislation of the Republic of Kazakhstan; 8) to improve the forms and methods of combating corruption crimes, to determine the strategy and tactics of the operational-search activity, to develop and implement measures to increase its effectiveness; 9) in accordance with the legislation of the Republic of Kazakhstan, to create and use information systems that provide a solution to the tasks assigned to it, to organize research in the course of pre-trial investigation, proceedings on administrative offenses in the manner established by law; 10) to escort detainees and persons taken into custody; 11) to exercise other powers assigned by the laws of the Republic of Kazakhstan, as well as the acts of the President of the Republic of Kazakhstan. The Anti-Corruption Service carries out criminal procedural and operational-search activities in order to identify, suppress, disclose and investigate corruption crimes. Criminal procedural activity consists of checking an application (report) about a corruption crime, pre-trial investigation and execution of orders (instructions) of an investigator. The Anti-Corruption Service registers, reviews and resolves all allegations (reports) of a corruption crime subordinate to them. In this regard, it collects evidence through investigative actions; requires audits, tax and other audits, audits and evaluations from the authorized bodies and officials in the cases stipulated by the legislation of the Republic of Kazakhstan and involves specialists in their participation; requires documents and materials from the media; conducts detention; carries out pre-trial investigation, etc. Usually criminals take measures to conceal the fact and traces of a corruption crime committed by them. Therefore, it is impossible to detect the evidence of a corruption crime, gather evidence and solve a corruption crime using only criminal procedural measures (conducting 31
an inquiry or preliminary investigation). In this regard, some units of the Anti-Corruption Service are empowered to conduct operational investigative activities. 5.4. Implementation of the UN Convention against Corruption and Enhanced Law Enforcement Capacity The most important and most thorough international legal document governing anti-corruption issues is currently the UN Convention against Corruption. The Convention was adopted by resolution 58/4 at the 51st plenary meeting of the 58th session of the General Assembly of the UN on October 31, 2003. The Republic of Kazakhstan ratified this Convention with a declaration and reservation by the Law of the Republic of Kazakhstan dated May 4, 2008 N 31-IV "On Ratification of the Convention of the United Nations Against Corruption". Article 36 of the UN Convention against Corruption requires each state party to ensure, in accordance with the fundamental principles of its legal system, the existence of an authority or authorities or persons specializing in the fight against corruption through law enforcement. Such authority or authorities or persons shall be provided with the necessary independence, in accordance with the fundamental principles of the legal system of the State Party, so that they could perform their functions effectively and without any undue influence. In the introductory part of this training manual, the author indicated that the legal status of the Agency of the Republic of Kazakhstan on Combating Corruption was radically transformed in connection with the adoption of the Decree of the President of the Republic of Kazakhstan dated June 13, 2019 No. 12 "On measures to improve the public administration system", which allowed implementing the requirement of Article 36 of the Convention in the Republic of Kazakhstan. The Anti-Corruption Agency of the Republic of Kazakhstan by this decree was provided with the necessary independence via a direct subordination to the Head of State in accordance with the fundamental principles of the legal system of the State party to the UN Convention against Corruption, so that it could perform its functions effectively and without any undue influence. It was provided with the necessary material resources and specialized personnel. 32
Article 6 of the UN Convention against Corruption requires each state party to ensure, in accordance with the fundamental principles of its legal system, that there is an authority or, as appropriate, authorities to prevent corruption through such measures as: (a) Implementation of the anti-corruption policy provided for in the provisions of the Convention, and, as appropriate, the supervision and coordination of such policies; b) Expansion and dissemination of the knowledge on the prevention of corruption. The indicated norm with the prescription (Article 6 of the UN Convention) is also implemented in the national legislation, which is confirmed by the Law of the Republic of Kazakhstan on Combating Corruption and the Regulation on the Agency of the Republic of Kazakhstan on Combating Corruption, the norms of which have been put into practice. In subsections 5.1 and 5.2 of the manual, the author detailed the main activities of the authorized body and examined its main tasks, structure and powers as a law enforcement body. In the UN Convention against Corruption, the essence of international corruption and its main characteristics are described in as much detail as possible. It also proposes specific measures to combat and fight corruption. Among such measures, the Convention proposes to criminalize illegal enrichment, when it is committed intentionally,. This provision of the Convention (Article 20 "Illegal Enrichment") reads as follows: "Subject to the observance of its constitution and the fundamental principles of its legal system, each State Party shall consider adopting such legislative and other measures as may be necessary in order to recognize as a criminal offense, when it is committed intentionally, illegal enrichment, i.e. a significant increase in the assets of a public official in excess of his legal income, which he cannot reasonably substantiate". It should be noted here that this rule simply does not apply in Kazakhstan, although the legislative initiatives of the Agency of the Republic of Kazakhstan on combating corruption propose instead of criminal liability "establishing civil liability for a significant discrepancy between expenses and income. Unconfirmed income is proposed to be collected in state revenue, and for civil servants, in addition to this, dismissal is also applied. Moreover, persons previously dismissed due to illegal enrichment cannot be accepted into the civil service over the next three years". Here we are not talking 33
about criminal liability, but exclusively about civil law. Moreover, even in the states that have ratified the Convention, the article "illegal enrichment" is not introduced into the legislation. The offense of "illicit enrichment" or the like is absent in at least the following states: the Netherlands; Belgium; Italy; Portugal; Switzerland; Finland; Norway; France; USA; Spain; Sweden and Denmark. The representatives of these countries indicate three reasons why article 20 of the UN Convention is not introduced into their legislation. The concept of "illegal enrichment" is contrary to the constituteons of most countries, as it implies the presumption of guilt. In these countries, there are usually articles that imply automatic criminal recognition of the income of persons who are already convicted of some serious crime such as drug trafficking or pimping. The implementation of the spirit of Article 20 is ensured in these countries through the mechanism of mandatory declaration of income of officials and punishment for incorrect data in declarations. Instead of tightening control over the property of officials, the Republic of Kazakhstan went further, proposing a universal declaration of the country's population supposedly to undermine the foundations of corruption. We expressed our critical attitude to this legislative initiative in the published author's lecture course15. The United States, which ratified the Convention in 2006, has not yet implemented Art. 20 and are not going to fulfil its provisions, on the basis that the burden of proving the legality of enrichment rests with the suspect, which directly contradicts the principle of the presumption of innocence16. The transnational nature of corruption required the appearance of the chapter "International Cooperation" (chapter IV) in the UN Convention against Corruption. This chapter provides an opportunity for participating States to assist each other in the investigation and proceedings on civil and administrative issues related to corruption. Assistance involves permitting the extradition of a person in connection with any crime, the possibility of concluding bilateral or multilateral agreements or arrangements for the transfer of persons senten15
Samaldykov M.K. Legal framework for combating corruption: lecture course / M.K. Samaldykov. – Almaty: Kazakh University, 2019. – Р. 104-107 16 Artyom Kiryanov's blog. Myths of the fight against corruption from Navalny. Article 20 of the UN Convention against Corruption // https://artkiryanov.livejournal.com/71296.html/
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ced to imprisonment or other types of imprisonment for corruption offenses; the provision by the participating States to each other of the broadest mutual legal assistance in the investigation, prosecution and trial of crimes of corruption; consideration by the participating States of the possibility of mutual transfer of proceedings for the prosecution of corruption offenses, close cooperation with each other, actions in accordance with their internal legal and administrative systems in order to increase the effectiveness of law enforcement measures to combat crimes; consideration of the possibility of concluding bilateral or multilateral agreements or arrangements, by virtue of which, in connection with cases that are the subject of an investigation, criminal prosecution or trial in one or several states, the competent authorities concerned may establish the bodies for conducting joint investigations; authorization of the appropriate use of controlled deliveries by the competent authorities, and in cases where it is considered appropriate; the use of other special investigative techniques, such as electronic surveillance or other forms of surveillance, as well as undercover operations on its territory, and also so that evidence gathered by such methods is allowed in court. The fifth chapter of the Convention "Measures for the return of assets" discusses the rules for the prevention and detection of transfers of proceeds of crime, measures for the direct return of property, mechanisms for the seizure of property through international cooperation in confiscation, special cooperation, the return and disposal of assets, the creation of collection units operational financial information, bilateral and multilateral arrangements. Kazakhstan, which has signed and ratified this Convention, has committed itself to detect and combat corruption. However, the Convention also contains one new essential provision, which requires Member States to return funds obtained through corruption to the country from which they were stolen. To this end, High Level Group is being created at the UN, which will deal with the return of illegally exported assets and their use for the projects to achieve the UN Sustainable Development Goals17. 17 The UN creates a special group to return the money withdrawn by corrupt officials to offshore // Source: https://time.kz/news/mirovye-novosti/2020/01/29/oon-sozdaet-spetsgruppu-po-vozvratu-vyvedennyh-korruptsionerami-v-ofshory-narodnyh-deneg
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5.5. The international agreement of Kazakhstan with the GRECO, determining the procedure for interaction of the Agency of the Republic of Kazakhstan on combating corruption with an international organization In the subsection "System and Structure of the Anti-Corruption Agency of the Republic of Kazakhstan", describing the activities of the new Partnership Department, we indicated the legal mechanisms that allowed Kazakhstan to join the Group of States against Corruption (GRECO), and also summarized the benefits that would result from such an entry. In the same subsection, we will dwell in more detail on the GRECO international organization itself and on those comments that were put by the Council of Europe to Kazakhstan and on the implementation, which took 10 years before our country's final entry into this international organization. The Group of States against Corruption (GRECO) is an international organization created by the Council of Europe to monitor the compliance of the laws and law enforcement practices of the participating States with the anti-corruption standards of the Council of Europe. The GRECO was established by the Council of Europe on May 1, 1999. The goal of the GRECO is to assist member states in anti-corruption efforts by identifying, through mutual assessment procedures, the shortcomings of existing national anti-corruption mechanisms. In its activities, the GRECO is guided by the Council of Europe Convention on the Criminal Liability for Corruption, the Council of Europe Convention on Civil Liability for Corruption, the 22 Guidelines on Combating Corruption of the Council of Europe, as well as its own established practice. In accordance with the GRECO Statute, any state that has signed and ratified the Council of Europe Criminal Law Convention on Corruption, or the Council of Europe Civil Law Convention on Corruption, automatically becomes a member of the GRECO and undertakes to undergo the GRECO assessment procedures. Currently, 49 countries are the members of the GRECO, including all countries of the Council of Europe, as well as the United States. It should be noted that the aforementioned international treaties directly establish that the GRECO is a control mechanism in relation to them. The highest executive body of the Group of States against Corruption is the GRECO Bureau, which is chaired by the President. The 36
President, Vice-President and Bureau members are elected at the Plenary for a two-year term. Currently, the functions of the President are performed by Marin Mrčela (Croatia). The headquarters of the GRECO is located in Strasbourg. The GRECO Bureau plenary meetings are held four times a year. Before joining the Group of States against Corruption (GRECO), Kazakhstan back in 2009 submitted an intention to join the European anti-corruption initiative, but at that time the Council of Europe considered that our country was not ready18 for this. Later, a long negotiation process began, accompanied by the coordination of positions. Then, legislative reform was carried out, since at that time, in our opinion, there were significant gaps in the legal sphere related to the implementation of international law and only in 2019, in a fairly short time, the bill on ratification of the agreement was approved by both chambers of the Parliament and on December 30, 2019, the head of the state signed the relevant law. From that moment, Kazakhstan became the new 50th member of the GRECO19. Kazakhstan’s entry into the GRECO will allow20: strengthening cooperation with European countries on the provision of legal assistance, extradition of criminals and the return of illegally acquired property; creating the basis for the development of cooperation with the competent authorities of the GRECO member countries on the participation of law enforcement officials of Kazakhstan in operational investigative activities conducted under international investigative orders in the territory of European states (upon ratification of the Criminal Law Convention on Corruption); contributing to the improvement of the anti-corruption legislation of Kazakhstan through the recommendations of the GRECO, based on the experience of European countries. 18 Gabbasov T. Kazakhstan joined the international anti-corruption initiative // https://total.kz/ru/news/obshchestvo_sobitiya/k_mezhdunarodnoi_antikorruptsionnoi_initsiative_prisoedinilsy a_kazahstan_date_2020_01_09_13_43_15 19 Tuleubekova A. Bektenov spoke about the advantages of Kazakhstan's entry into GRECO // https://news.myseldon.com/ru/news/index/221541315 20 "We hope that Kazakhstan will join the organization" – GRECO Executive Secretary // Source: https://tengrinews.kz/kazakhstan_news/nadeemsya-kazahstan-vstupit-organizatsiyu-ispolnitelnyiy-357696/
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Thus, the entry of the Republic of Kazakhstan into the GRECO, in addition to approximating national legislation to European standards, will create the basis for cooperation with participating states. Kazakhstan joined the GRECO, becoming the 50th member of the organization. Now, experts from the Council of Europe will regularly monitor the anti-corruption policy in our country for compliance with international practices and international legal acts. In 2021, an assessment round of the GRECO anti-corruption standards in Kazakhstan will take place. The Executive Secretary of the GRECO Gianluca Esposito said this at the press conference in the Agency of the Republic of Kazakhstan on Combating Corruption, Kazpravda.kz reports. He added that the organization is engaged in the publication of the annual report, which also relates to estimates for other countries for the previous year. "This report contains an app like a schedule, a table that summarizes the situation for each country. And we use different colors to designate. There, you can clearly see immediately those countries that implement the recommendations, carry out the so-called homework. We do not have a rating of countries" explained Esposito. According to him, Kazakhstan will carry out the same procedure as all other 49 states participating, while combining the first and second rounds. "Although other countries went through this procedure, there will be no exceptions. The first question or topic is the general basis in the fight against corruption: legislation, departments, institutions, institutions, government agencies, the issues of protecting whistleblowers, in general, the issues of public administration and functioning. These are the main issues that we will evaluate in the first and second round" said the Executive Secretary of the GRECO. In conclusion, Esposito noted that the organization evaluates not only the text of the legislation and the law, but also how much they are being implemented. In this regard, the results of the assessment of the Russian Federation after its accession to the GRECO in 2007 are of interest. The topics of the combined 1 and 2 GRECO assessment rounds were: the degree of independence, as well as the strength and means of the bodies involved in the fight against corruption; the scope of immunities under Russian law; the fight against money laundering; anti-corruption mechanisms in public administration; participation of legal entities in the fight against corruption. Following a visit to Russia by the 38
GRECO appraisers, together with the GRECO secretariat, a draft report was prepared on assessing the effectiveness of the anti-corruption system of the Russian Federation, which was submitted for approval to the GRECO plenary meeting on December 1-5, 2008 in Strasbourg. An objective and depoliticized assessment of the relevant aspects of the Russian anti-corruption system was given. Following the meeting, 26 recommendations were included in the final version of the GRECO report on Russia. Many aspects on which recommendations are given have, to one degree or another, been resolved in the latest anti-corruption legislation. We will indicate only a few recommendations that, in our opinion, should interest the readers. The GRECO experts, based on the Council of Europe anti-corruption guidelines, called for a reduction in the legislation of the categories of persons covered by the special procedure for bringing them to criminal or administrative liability, as well as for simplification of such procedures. In particular, the GRECO Appraisers Panel recommended that the categories of persons with immunity from persecution be reduced to the minimum necessary in the civil society; it was recommended to revise the provisions of the legislation on the lifting of immunities in order to simplify it, to develop guidelines for law enforcement officials and judges on the application of these legislative provisions and establish specific and objective criteria for the application of immunity requests by the chambers of the Federal Assembly, the Constitutional Court or the qualification collegium of judges, and also to ensure that the decisions made regarding immunities are free from political motives and based only on the circumstances of the request and its underlying investigation. The GRECO appraisers recommended that the Russian authorities consider introducing the so-called "confiscation in rem" rule into the country's criminal legislation, based on transferring the burden of proving the legality of the origin of property in respect of which there is suspicion of its corruption origin to the person concerned, a procedure that has long been used in such countries as the USA, UK, etc. A separate and extensive block of recommendations to the Russian authorities concerns anti-corruption guarantees in the field of public service and public administration. In particular, the GRECO recommends guaranteeing that public administration reform in the fight against corruption is applicable to a wide range of people hired by 39
government officials; adopting, as a matter of priority, a detailed and specific legislation on the access to the information on the activities of public authorities, as well as ensuring procedures for monitoring the precise observance of such legislation; ensuring that in practice the recruitment to the civil service is based on the principles established by the relevant legislation (for example: public announcement of vacancies, fair competition between candidates and prevention of conflicts of interest) and ensuring that the principles are applied to other categories of civil servants, excluding the practice of accepting substantial gifts in any form in the field of public administration and considering the possibility of the complete abolition of the legal basis for any gifts to public servants in accordance with article 575 of the Civil Code; introducing clear rules (guidelines) for civil servants to report suspicions of corruption and creating a special mechanism to protect people who report corruption in good faith in public administration from adverse consequences, providing for the systematic training of all relevant personnel. The GRECO experts specifically noted the need to maximize the participation of civil society institutions in the fight against corruption at all stages and levels.
5.6. Istanbul Anti‐Corruption Action Plan and Kazakhstan’s Specialized Body The Istanbul Anti-Corruption Action Plan ("IACAP") is a subregional peer review program that was launched as part of the OECD anti-corruption network for the countries in Eastern Europe and Central Asia. The OECD itself is a forum21 in which member governments compare the effectiveness of their policies in different areas, share experiences, identify good practices in the light of new challenges and encourage decisions and recommendations aimed at providing better policies for a better life for the citizens of their countries. The Organization for Economic Cooperation and Development (hereinafter – the OECD) is an international economic organization of 21 Organization for Economic Co-operation and Development Convention // Source: http://docs.cntd.ru/document/902015766
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developed countries that recognize the principles of representative democracy and a free market economy. The literature indicates that 34 OECD countries account for about 60% of global GDP. In this connection, the OECD is considered to be "a sort of a closed club of the most developed countries in the world"22. The Republic of Kazakhstan seeks to obtain a permanent observer status in four OECD committees (the Investment Committee, the Committee on Education Policy, the Committee on Agriculture and the Committee on Industry, Innovation and Entrepreneurship). To obtain the status of a full-fledged participant, it is necessary to bring the legislation of the Republic of Kazakhstan in accordance with the OECD standards. As for a full membership in the OECD, for this it is necessary to receive an invitation from the organization itself, which Kazakhstan does not have yet. According to experts, "membership in this organization provides an opportunity to access the best practices of public administration and the introduction of advanced standards, helps to increase the investment attractiveness of the country and reduce the cost of attracting financial resources abroad"23. The OECD representative in the course of his visit to Kazakhstan noted: "Kazakhstan has declared its desire, but it can be declared for decades without doing anything. In the case of the OECD, before a country becomes a full member of the community, it must prove that it meets the standards in practice and the fight against corruption is one of the important standards"24. The main objective of the OECD Anti-Corruption Network for Eastern Europe and Central Asia (hereinafter – ACN), founded in 1998, is to support countries in their efforts to prevent and fight corruption, exchange information, develop good practices and coordinate donor assistance in the form of regional meetings and seminars, peer education programs and specialized thematic projects. The Istanbul Anti-Corruption Action Plan has been part of the Network since 2003. 22
Mednikova I. What will the accession of Kazakhstan to the OECD give to business? // Source: https://forbes.kz/process/expertise/chto_dast_biznesu_vstuplenie_kazahstana_v_oser 23 Mednikova I. What will the accession of Kazakhstan to the OECD give to business? // Source: https://forbes.kz/process/expertise/chto_dast_biznesu_vstuplenie_kazahstana_v_oser 24 Dmitry Kotlyar: Responsibility for corruption lies with those who are empowered with authority // See: I. Mosunov. Source: https://informburo.kz/interview/dmitrir-kotlyar-otvetstvennost-za-korrupciyu-lezhit-na-teh-kto-nadelyon-vlastnymi-polnomochiyami.html
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Therefore, the IACAP is the main subregional initiative of the OECD Anti-Corruption Network for Eastern Europe and Central Asia ("OECD Network"). The IACAP supports anti-corruption reforms in Armenia, Azerbaijan, Georgia, Kazakhstan, Kyrgyzstan, Mongolia, Tajikistan, Ukraine and Uzbekistan through country reviews and continuous monitoring of countries' efforts to implement recommendations in support of the implementation of the UN Convention against Corruption, other international standards and best practices25. Since 2004, the Republic of Kazakhstan has been participating in the OECD subregional program – the Istanbul Anti-Corruption Action Plan, which constantly monitors the country's actions to implement recommendations in support of the implementation of the UN Convention against Corruption Violations. The initial review of the legal and institutional framework in the field of the fight against corruption in the Republic of Kazakhstan and its recommendations were approved by the OECD in 2005. The first monitoring results report, which assessed the implementation of the initial recommendations and assigned Kazakhstan's compliance ratings with these recommendations, was adopted by the OECD in September 2007. The report on the results of the second round of monitoring of Kazakhstan was approved in September 2011, and the third round – in October 2014. Monitoring reports included updated ratings of Kazakhstan's degree of compliance with the initial recommendations, as well as with new recommendations. An interim report on Kazakhstan's implementation of the recommendations of the fourth round of monitoring of the Istanbul Action Plan was presented in July 201826. The first report on the results of the first round of anti-corruption monitoring in the Republic of Kazakhstan, which was adopted at the seventh meeting of the Istanbul Anti-Corruption Action Plan on
25
The fourth round of monitoring the Istanbul Anti-Corruption Action Plan. KAZAKHSTAN. Interim Report (19th meeting, 3-5 July 2018) // Source: https://online.zakon.kz/document/?doc_id=38224240#pos=6;-157 26 The fourth round of monitoring the Istanbul Anti-Corruption Action Plan. KAZAKHSTAN. Interim Report (19th meeting, 3-5 July 2018) // Source: https://online.zakon.kz/document/?doc_id=38224240#pos=6;-157
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September 28, 2007, at the OECD headquarters in Paris27, states that Kazakhstan is experiencing a rapid economic growth due to signifycant oil revenues. World experience shows that the oil industry is an area of an increased risk of corruption. In addition, the transition period in the economy also creates numerous opportunities for corrupttion. Therefore, Kazakhstan must be prepared to resist corruption if it wants to achieve the goal declared by its First President – to become one of the most competitive countries in the world. But so far, efforts to combat corruption are mostly declarative in nature, and strong and systematic measures to prevent and prosecute corruption behaviour have yet to be developed and implemented. As for the authorized body to fight corruption, the report notes that Kazakhstan has shown a significant progress in creating a specialized anti-corruption body – the Agency for Combating Economic and Corruption Crime (Financial Police). According to the information received by the OECD, significant funds are allocated annually from the republican budget to strengthen the material and technical base of financial police. Attention was also drawn to the fact that a specialized department for the investigation of corruption crimes had been created under the Financial Police. Along with a positive assessment regarding the creation of a specialized anti-corruption body, the report indicated that the immunity enjoyed by the members of Parliament, judges and the Attorney General is absolute and not functional and can be lifted by the decision of the Parliament. Attention was drawn to the absence of objective criteria, rules or guidelines for making decisions on the removal of immunity, and it was pointed out that the consideration of questions on the removal of immunity seemed to be a political process. At the same time, the importance of ensuring special investigative measures against judges was emphasized, so that their inviolability did not become a serious obstacle to the detection of corruption. The first report contained, in the opinion of the author of this training manual, an important remark that the declarations of public servants on their income and property are subject to routine inspections by the tax service. It was pointed out that the declarations of civil 27 Istanbul Anti-Corruption Action Plan for Armenia, Azerbaijan, Georgia, Kazakhstan, Kyrgyz Republic, ... "// Source: os.x-pdf.ru/20ekonomika/669638-1-stambulskiy-plan-deystviy-borbekorrupciey-dlya-armenii-azerba.php
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servants on the income and property did not have any special control designed to identify and prevent potential conflicts of interest or corruption. The report said that it was unclear whether the information provided in the declarations of civil servants on the income and property was sufficient to exercise control in the field of conflict of interest, but, apparently, as a result of checking the declarations, not a single case has ever been revealed, related to conflict of interest or corruption. Based on the foregoing, the report stated that the information contained in the declarations of officials on the income and property is closed to the public and the media, and therefore it cannot be questioned or verified. Thus, the first report contained a significant conclusion that Kazakhstan achieved some success in creating a specialized anti-corruption body – the Agency for Combating Economic and Corruption Crime (ACECC – Financial Police). Therefore, the recommendation in this part approved by the OECD in 2005 was fully implemented by Kazakhstan. The report on the results of the second round of monitoring of Kazakhstan approved by the OECD in September 2011 did not, in our opinion, contain recommendations regarding the authorized body to fight corruption. The government report presented in the ACN on the implementtation of the recommendations of the third round of monitoring of the Istanbul Action Plan for Kazakhstan stated that in accordance with the Law of the Republic of Kazakhstan "On Combating Corruption" and the Regulation of the Ministry of Civil Service, approved by Government Decision No. 000 of December 26, 2015, the Ministry of Civil Service Affairs is determined as the authorized body in the field of civil service and anti-corruption. Also, in accordance with the Decree of the President of the Republic of Kazakhstan dated December 11, 2015, the National Anti-Corruption Bureau was established in the structure of the Ministry of Civil Service, whose functions are prevention, detection, suppression, disclosure and investigation of corruption offenses. According to paragraph 2 of the Decree, the Chairman of the National Anti-Corruption Bureau is appointed and dismisssed by the President of the Republic of Kazakhstan. At the same time, in the assessment of the ACS, it is noted that the competence of the 44
authorized body lacks the function of forming and coordinating the implementation of anti-corruption policies. Although the Regulation on the Ministry defines that one of the tasks of the Ministry is to "develop and implement public policies in the areas of ... anti-corruption", "coordinate the activities of state bodies, organizations in the matters of compliance with legislation on ... preventing corruption, minimizing the causes and conditions conducive to corruption offenses". According to the Regulation on the National Bureau for Combating Corruption (Anti-Corruption Service) of the Ministry of Civil Service of the Republic of Kazakhstan, the National Bureau is a department of the Ministry that carries out, within the competence of the central executive body, functions related to prevention, detection, suppression, disclosure and investigation of corruption offenses and other functions in accordance with the legislation of the Republic of Kazakhstan. During the plenary meeting of the ACN, it became known about the further reorganization – on September 13, 2016, by the Decree of the First President of the Republic of Kazakhstan, the Ministry of Civil Service of the Republic of Kazakhstan was transformed into the Agency for Civil Service and Combating Corruption as a state body directly subordinate and accountable to the First President of the Republic Kazakhstan. The National Anti-Corruption Bureau of the Ministry of Public Service Affairs was transformed into the National Anti-Corruption Bureau of the Public Service and Anti-Corruption Agency. The bureau was endowed with the status of a department in the structure of the aforementioned Agency and was a law-enforcement body that carries out identification, suppression, disclosure and investigation of corruption criminal offenses. At the same time, despite the above information, ACN recognized the lack of progress in implementing recommendation 1.6 on ensuring compliance with Articles 6 and 36 of the UN Convention against Corruption regarding the independence of a specialized anti-corruption body. In the interim report on Kazakhstan’s implementation of the recommendations of the fourth monitoring round of the Istanbul Plan of Action, new recommendation No. 3 suggests recognizing, on the level of documents of the state anti-corruption policy, the State’s responsibility for the development and implementation of a comprehensive anti-corruption policy, among other things, in the private sec45
tor, to extend the definition of the term "corruption" to private sector, empower a specialized public authority to form and coordinate anticorruption translational policy in the private sector in cooperation with business entities. In part of recommendation 6 on ensuring compliance with Articles 6 and 36 of the UN Convention against Corruption regarding the independence of a specialized anti-corruption body at the meeting of the ACN in July 2018, it was again pointed out that there was no progress28. However, a year later, in connection with the Decree of the President of the Republic of Kazakhstan No. 12 dated June 13, 2019 "On measures to improve the public administration system", the National Bureau for Combating Corruption of the Agency for Civil Service Affairs and Combating Corruption was transformed into the Agency of the Republic of Kazakhstan for Combating Corruption. Thus, the reorganization, in our opinion, made it possible to implement recommendation 6 of the Istanbul Anti-Corruption Action Plan regarding the creation of an independent specialized body to combat corruption. Regarding the implementation of recommendation 12 on ensuring mandatory anti-corruption examination of all bills that are submitted to the Parliament, regardless of the subject of the legislative initiative, as well as the draft regulatory acts of the President, the Government, ministries and the continuation of selective anti-corruption examination of existing laws and codes in the areas of regulation , especially those exposed to corruption risks, the ACN report states a lack of progress. However, in connection with the addition to the Law of the Republic of Kazakhstan dated November 18, 2015 "On Combating Corruption" on the conduct of scientific anti-corruption expertise of draft regulatory legal acts in accordance with the legislation of the Republic of Kazakhstan (subparagraph 3-1) of article 6)29 recommendation 12 of the Istanbul Action Plan anti-corruption will finally be considered, in our opinion, fulfilled provided that the necessary legal mechanisms for its implementation are created.
28
The fourth round of monitoring the Istanbul Anti-Corruption Action Plan. KAZAKHSTAN. Interim Report (19th meeting, 3-5 July 2018) // Source: https://online.zakon.kz/document/?doc_id=38224240#pos=6;-157 29 "On Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on the Issues of Public Service and Combating Corruption" // Law of the Republic of Kazakhstan dated November 26, 2019 No. 273-VІ // Source: http://adilet.zan.kz/rus/docs/Z1900000273
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QUESTIONS FOR SELF‐CONTROL ACCORDING TO THE THEORETICAL INFORMATION OF SECTION 5 "AUTHORIZED BODY FOR THE FIGHT AGAINST CORRUPTION"
5.1. The concept and main directions of the activity of the Agency of the Republic of Kazakhstan on combating corruption: 1. For what purpose does the UN Convention against Corruption (Article 6) provide for the establishment of a special anti-corruption body? 2. What is the main difference between the Republic of Kazakhstan AntiCorruption Agency and the National Anti-Corruption Bureau? 3. Indicate the mission and vision of the Agency of the Republic of Kazakhstan on combating corruption. 4. Expand the purpose and content of the communication logo and the coat of arms of the Agency of the Republic of Kazakhstan on combating corruption. What should the emblem of the Agency communicate? 5. Briefly list the main activities of the Agency of the Republic of Kazakhstan on combating corruption. 6. What is the content of the activities of the Agency to combat corruption crime? 7. What is the administrative and legal direction of the Agency? 8. Describe other areas of the Agency's activities: conduct of an external analysis of corruption risks; anti-corruption monitoring; preparation of draft international treaties on anti-corruption issues, interaction with relevant bodies of foreign states on anti-corruption issues, participation within the scope of their authority in the activities of international organizations; interaction with civil society instituteons on anti-corruption issues. 9. What is the concept and system of basic principles of the Agency of the Republic of Kazakhstan on combating corruption? What is the main purpose of the basic principles of the Agency? 10. What are the main tasks the Agency is supposed to solve? 5.2. System and structure of the Agency of the Republic of Kazakhstan on combating corruption 1. Explain the structure of the Agency of the Republic of Kazakhstan on combating corruption. 2. What are the features of the competence of three new departments in the structure of the Agency of the Republic of Kazakhstan on combating corruption? 3. What are the opportunities offered to the Agency of the Republic of Kazakhstan on combating corruption in connection with the entry of Kazakhstan into GRECO in 2019?
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4. What is the strengthening of the operational-investigative bloc in the structure of the authorized body for combating corruption? 5. What is the Board of the Agency of the Republic of Kazakhstan on combating corruption? Describe its composition and powers. 6. What are operational meetings of the Agency of the Republic of Kazakhstan on combating corruption, what is the range of the issues addressed? 7. What are strategic sessions of the Agency of the Republic of Kazakhstan on combating corruption, what is the range of the issues addressed? 8. What are operational meetings of the Agency of the Republic of Kazakhstan on combating corruption, who are its participants and what is the range of the issues addressed? 9. Describe the rights and obligations of the chairman of the Agency of the Republic of Kazakhstan on combating corruption, his powers. 10. Expand the organization of activities of the territorial Department. 11. What act implements the powers of the head of the territorial Department during his absence? 12. The head of the territorial Department has the right to form consultative and advisory bodies under the Department. In this connection, show the differrence between the consultative and advisory bodies in the territorial Department and the central office of the Agency of the Republic of Kazakhstan on combating corruption. 13. What are the main tasks of the territorial Department. 14. Indicate the law enforcement functions of the territorial Department. 15. Find the relationship between the functions, rights and obligations of the territorial Department of the Agency of the Republic of Kazakhstan on combating corruption. 5.3. Anti-corruption service of the authorized anti-corruption body 1. What are the main tasks of the Anti-Corruption Service? 2. What rights does the Anti-Corruption Service have to fulfil the tasks assigned to it? 3. Explain the difference between criminal procedural and operational-search activities in order to identify, suppress, disclose and investigate corruption crimes. 5.4. Implementation of the UN Convention against Corruption and Enhanced Law Enforcement 1. Can the Agency of the Republic of Kazakhstan for Combating Corruption be considered a conventional law enforcement agency? If so, give the arguments. 2. Why is the article "illegal enrichment" not introduced into the legislation in the states that have ratified the UN Convention against Corruption?
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3. Critically evaluate the initiative of the Republic of Kazakhstan to introduce universal declaration of the population to allegedly undermine the foundations of corruption. 4. Indicate the reason for the US refusal to introduce "illicit enrichment" into the legislation. 5. What triggered the emergence of chapter IV, International Cooperation, in the UN Convention against Corruption? 6. What gives the opportunity to the participating states to assist each other in the investigation and proceedings in civil and administrative matters related to corruption? 7. To fight corruption at the UN, a High-Level Group has been created. What is its specific task? 5.5. The international agreement of Kazakhstan with the GRECO determining the procedure for interaction of the Agency of the Republic of Kazakhstan on combating corruption with an international organization 1. What kind of organization is the GRECO, for what purpose is it created, and on what principles is its activity based? 2. Are only the members of the Council of Europe admitted to the GRECO? 3. What does automatic joining the GRECO and its evaluation mechanism mean? 4. What guides the GRECO in its activities? 5. What is the GRECO evaluation mechanism? 6. Review the mission and mechanisms of the GRECO. 7. What privileges does Kazakhstan gain from joining the Group of States Against Corruption (GRECO)? 8. When will the anti-corruption assessment of Kazakhstan according to the GRECO standards take place? What issues will be evaluated? 9. Critically evaluate the recommendations of the GRECO that were given to the authorities of the Russian Federation based on the results of the evaluation of the effectiveness of the anti-corruption system? 5.6. Istanbul Anti-Corruption Action Plan and Kazakhstan Specialized Authority 1. Expand the OECD abbreviation and indicate the objectives of this forum. 2. Why does the Republic of Kazakhstan seek membership in the OECD? 3. Indicate the main objective of the OECD Anti-Corruption Network for Eastern Europe and Central Asia. 4. List the countries to which the ACN provides anti-corruption reform support. 5. What does the implementation of the Istanbul Action Plan include? 6. Since when has the Republic of Kazakhstan been involved in the OECD subregional program for the implementation of the Istanbul Action Plan?
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7. Indicate the number of monitoring results of the implementtation by the Republic of Kazakhstan of the Istanbul Anti-Corruption Action Plan. 8. Justify the problems identified in 2007 by the Republic of Kazakhstan on the implementation of the Istanbul Anti-Corruption Action Plan. 9. What problems were noted during the third and fourth rounds of monitoring of the results of the Republic of Kazakhstan's implementation of the Istanbul Anti-Corruption Action Plan?
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Section 5. "AUTHORIZED BODY FOR THE FIGHT AGAINST CORRUPTION" – THE STRUCTURE AND CONTENT
Topic (lecture, practical workshop, SIW)
Type
Hrs
The place and role of the authorized body in the fight against corruption
Problem Lecture
1
Anti-corruption service of the Republic of Kazakhstan: its functions, powers, organization and procedures
Practical workshop
1
5
SIW
1
15
The study of the recommended literature and the analysis of the legal framework, work with lecture material; compilation of a supporting abstract, work with legal sources. – Inspection and analysis of articles on the system of anti-corruption measures in the Law of the Republic of Kazakhstan dated November 18, 2015 No. 410 – V ARK: Art. 6, 7, 8 (a task of functional competence, which evaluates the application and analysis). – Inspection and analysis of the competencies and powers of the employees of the Anti-Corruption Service in the Law of the Republic of Kazakhstan dated November 18, 2015 No. 410 – V ЗРК: Art. 19, 20, 21 (assignment of functional competence that evaluates application and analysis). – Preparation of an essay on the topic: "Critically assess the introduction of the institute of resignation of the first heads of the state bodies (akims)" (a task of a system competence that assesses synthesis and evaluation). – Preparation of presentations on the assignment: "Find the confirmation that the Agency of the Republic of Kazakhstan on combating corruption can be considered a conventional law enforcement agency" (assignment of functional competence that assesses application and analysis). – Analysis of the practical issues of countering psychological pressure and attempts to engage in
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Max. grade
corruption in government bodies, organizations or entities of the quasi-public sector (choice at your discretion). (Issues of system competence). Make a presentation in Microsoft Power Point indicating your last name (7-10 slides !!!). SIWT. Consultations and SIW submission.
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INDEPENDENT WORK
Preparation of schemes, tables and presentations on the topics: "The main directions of the Agency of the Republic of Kazakhstan on combating corruption", "The structure of the Central Office of the Agency of the Republic of Kazakhstan on combating corruption and the powers of the chairman" and "Features of the competence of three new departments taking into account modern realities and needs of society, included to the Agency of the Republic of Kazakhstan on combating corruption" (issues of cognitive (knowledge) competence, which assess knowledge and understanding). Inspection and analysis of articles on the system of anti-corruption measures in the Law of the Republic of Kazakhstan dated November 18, 2015 No. 410 – V ЗРК: Art. 6, 7, 8 (a task of functional competence, which evaluates the application and analysis). Inspection and analysis of the competencies and powers of the employees of the Anti-Corruption Service in the Law of the Republic of Kazakhstan dated November 18, 2015 No. 410 – V ЗРК: Art. 19, 20, 21 (an assignment of functional competence that evaluates application and analysis). Preparation of presentations on the topic: "Why did they create the Agency of the Republic of Kazakhstan on combating corruption?" (a question of functional competence that evaluates application and analysis). Preparation of presentations on the assignment: "Find the confirmation that the Agency of the Republic of Kazakhstan on Combating Corruption can be considered a conventional law enforcement agency" (an assignment of functional competence that assesses application and analysis). Preparation of an essay on the topic: "Critically assess the introduction of the institute of resignation of the first heads of the state bodies (akims)" (a task of a system competence that evaluates synthesis and evaluation). Preparation of an essay on the topic: "Evaluate the issue of maintaining a balance between law enforcement and regulatory functions in the activities of the Agency of the Republic of Kazakhstan on combating corruption" (a task of a system competence that evaluates synthesis and evaluation). 53
PRACTICAL WORKSHOPS
Relevant tests on the topic. Questions for practical and seminar classes: Prepare oral answers to the following theoretical questions of the topic: 1. Describe the legal basis for the activities of the Anti-corruption Service of the Republic of Kazakhstan. 2. Expand the following: the Agency of the Republic of Kazakhstan, its main tasks, functions and powers. Principles of organization, system and structure of the Agency of the Republic of Kazakhstan on combating corruption. The main activities of the Agency of the Republic of Kazakhstan on combating corruption. 3. Describe the concept and the system of basic principles of the Agency of the Republic of Kazakhstan on combating corruption. 4. What are the obligations and rights of the Anti-Corruption Service of the Republic of Kazakhstan? 5. What can you tell about the Chairman of the Agency of the Republic of Kazakhstan on combating corruption, his rights and obligations? 6. List and describe the territorial bodies of the Agency of the Republic of Kazakhstan on combating corruption. 7. Describe the features of the competence of the three new departments, taking into account the modern realities and needs of the society included in the Agency of the Republic of Kazakhstan on combating corruption. 8. What are the powers of the Anti-Corruption Service of the Republic of Kazakhstan related to law enforcement? 9. Speak on the implementation of the UN Convention against Corruption in the legislation of the Republic of Kazakhstan. 10. Speak on the International agreement of Kazakhstan with the GRECO. Analyze the mission and mechanisms of the GRECO. 54
11. Speak on the concept and legal nature of the Organization for Economic Co-operation and Development (OECD). 12. Speak on the OECD Anti-Corruption Network for Eastern Europe and Central Asia. 13. What is the impact of the Istanbul Anti-Corruption Plan of Action on the legislative function of the state?
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LEGISLATIVE ACTS
1. United Nations Convention against Corruption. Adopted by General Assembly resolution 58/4 of October 31, 2003 // Source: http://www.un.org/en/documents/decl_conv/conventions/corruption.shtml 2. The Law of the Republic of Kazakhstan dated May 4, 2008 No. 31-IV "On Ratification of the United Nations Convention against Corruption" // Source: http://www.adilet.gov.kz/ru/node/57 3. The Law of the Republic of Kazakhstan dated November 18, 2015 No. 410V "On Combating Corruption" (as amended on December 28, 2018) // Source: http://online.zakon.kz/Document/?doc_id= 33478302 # pos = 230; -53 4. Regulation on the Anti-Corruption Agency of the Republic of Kazakhstan (Anti-Corruption Service) // Approved by the Decree of the President of the Republic of Kazakhstan dated July 22, 2019 No. 74 // Source: http://anticorruption.gov.kz/ru/management1
LITERATURE 1. The Anti-Corruption Service presented a new logo and emblem // Source: https://kapital.kz/gosudarstvo/80813/antikorruptsionnaya-sluzhba-prezentovala-novyye-logotip-i-gerb.html 2. Shpekbayev: Anti-corruption centers will become a dialogue platform for everyone 3. // Source: https://forbes.kz/news/2019/12/04/newsid_214109 4. Kazakhstan became a member of the Council of Europe group of states against corruption on the second attempt // Source: https://zonakz.net/2020/01/09/kazaxstan-stal-chlenom-gruppy-gosudarstv-protiv-korrupciisoveta-evropy-so- vtoroj-popytki/ 5. Kazakhstan joined the Group of States against corruption. // Source: https://forbes.kz/news/2019/10/16/newsid_210473 6. Artyom Kiryanov's blog. Myths of the fight against corruption from Navalny. Article 20 of the UN Convention against Corruption / https://artkiryanov.livejournal.com/71296.html/ 7. The UN creates a special group to return the money withdrawn by corrupt officials to offshore companies // Source: https://time.kz/news/mirovye-novosti/2020/01/29/oon-sozdaet-spetsgruppu-po-vozvratu-vyvedennyh-korruptsionerami-v -ofshory-narodnyh-deneg/ 8. Gabbasov T. Kazakhstan joined the international anti-corruption initiative // https://total.kz/en/news/obshchestvo_sobitiya/k_mezhdunarodnoi_antikorruptsionnoi_initsiative_prisoedinilsya_kazahstan_date_2020_01_09_13_43_13_43 9. Tuleubekova A. Bektenov spoke about the benefits of Kazakhstan joining GRECO // https://news.myseldon.com/en/news/index/221541315
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10. "We hope that Kazakhstan will join the organization" - GRECO Executive Secretary // Source: https://tengrinews.kz/kazakhstan_news/nadeemsyakazahstan-vstupit-organizatsiyu-ispolnitelnyiy-357696/ 11. Markova A. In 2021, GRECO will evaluate the anti-corruption activities of Kazakhstan // Source: https://kursiv.kz/news/obschestvo/2020-01/v-2021godu-greko-ocenit-antikorrupcionnuyu-deyatelnost-kazakhstana 12. Commentary on the Law of the Republic of Kazakhstan "On Combating Corruption" / Edited by N.N. Turetsky. Almaty: "Zhety Zhargy" Publishing House, 2015. // Source: http://online.zakon.kz/Document/?doc_id=316757 13. Samaldykov M.K. Legal framework for combating corruption: lecture cour-se / M.K. Samaldykov. – Almaty: Kazakh University, 2019. – P. 47.
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On the Anti-corruption Strategy of the Republic of Kazakhstan for 2015-2025 // Decree of the President of the Republic of Kazakhstan dated December 26, 2014 No. 986.
Samaldykov M.K. Legal framework for combating corruption: a practical guide / M.K. Samaldykov. Almaty: Kazakh University, 2019. 490 p.
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The Law of the Republic of Kazakhstan dated November 18, 2015 No. 410-V "On Combating Corruption" (as amended on 01.01.2020)
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“Legal framework for combating corruption”
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The Criminal Code of the Republic of Kazakhstan dated July 3, 2014 No. 226-V (as amended and supplemented as of January 11, 2020)
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EDUCATIONAL AND METHODOLOGICAL SUPPORT MAP OF THE "LEGAL FRAMEWORK FOR COMBATING CORRUPTION" COURSE
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Aidarbaev S.Zh. International treaties of the Republic of Kazakhstan on cooperation in the fight against crime: a collection of documents / S.Zh. Aidarbaev. Almaty: Kazakh University, 2018. 544 p.
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343(574) (062) А 43 Anti-corruption in the new economic conditions, int. scientific pract. conf. (2017; Astana / Almaty). Collection of the International scientificpractical conference "Anti-corruption
Samaldykov M.K. Legal framework for combating corruption: lecture course / M.K. Samaldykov. Almaty: Kazakh University, 2019. 174 p.
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Samaldykov M.K. Law enforcement authorities of the Republic of Kazakhstan: textbook. method. guide. 3rd ed., Revised, and ext. / M.K. Samaldykov. Almaty: Kazakh University, 2017. P. 79-85.
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in new ... ", November 16, 2017: collection. Section 4: Actual issues of security public safety and crime control in the Republic of Kazakhstan / Gen. Prosecutor of the Republic of Kazakhstan, Acad. law enforcement organs under the Gen. prosecutor's office of the Republic of Kazakhstan, al Farabi KazNU. Editor: R.E. Dzhansaraeva [et al.], Edited by A.T. Karipov [et al.]. Astana; Almaty, 2017. 124 p.: schemes, tab. Bibliogr. at the end of p. 150 (circulation) copies. Instances: total: 2 – C3 (2).
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EDUCATIONAL AND METHODOLOGICAL SUPPORT OF STUDENTS' INDEPENDENT WORK. EVALUATION TOOLS FOR THE CURRENT MONITORING OF PERFORMANCE, INTERMEDIATE CERTIFICATION BASED ON THE RESULTS OF MASTERING THE DISCIPLINE
An important role in mastering the course is played by the independent study of educational material. The acquisition of independent work skills will help students in their professional activities. They should be able to analyze laws, departmental regulations and literature, generalize theory and practice. The motivation for such an activity is determined by the plans of practical (seminar) classes and forms of monitoring performance. The main types of independent work of students in the development of section 5 of the discipline "Legal framework for combating corruption" are preparation for classrooms (lectures, practical, seminars) and the implementation of relevant tasks; independent solution of situational tasks; independent work on individual sections in accordance with lesson plans; selection and study of literary sources, work with periodicals; preparation for all types of midterm control tests; work in student scientific societies, circles, and seminars; preparation for contests, conferences. Evaluation Criteria: Excellent – a high level of training, which is significantly higher than average, possibly with very slight errors. Good – overall good preparation with some notable mistakes. Satisfactory – training that meets the minimum requirements. Unsatisfactory – additional training is required to pass the test.
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TESTS on the topic "Authorized body for the fight against corruption"
1. The legal basis of the activities of the Agency of the Republic of Kazakhstan on combating corruption is: 1) The Constitution of the Republic of Kazakhstan, the laws "On Law Enforcement Service", "On the operational-search activity" and other regulatory legal acts; 2) Acts of the President and Government of the Republic of Kazakhstan; 3) Laws of the Republic of Kazakhstan and other regulatory legal acts of the Republic of Kazakhstan; 4) The Regulation on the Agency of the Republic of Kazakhstan for Combating Corruption (Anti-Corruption Service); 5) The Constitution and laws of the Republic of Kazakhstan, acts of the President and the Government, other regulatory legal acts of the Republic of Kazakhstan, as well as the Regulation; 2. The Agency of the Republic of Kazakhstan on combating corruption carries out its activities in accordance: 1) With the Constitution of the Republic of Kazakhstan, the laws "On Law Enforcement Service", "On Operational Investigation Activities" and other regulatory legal acts; 2) With the acts of the President and Government of the Republic of Kazakhstan; 3) With the Laws of the Republic of Kazakhstan and other regulatory legal acts of the Republic of Kazakhstan; 4) With the Constitution and laws of the Republic of Kazakhstan, acts of the President and the Government, other regulatory legal acts of the Republic of Kazakhstan, as well as this Regulation. 5) With the Regulation on the Agency of the Republic of Kazakhstan for Combating Corruption (Anti-Corruption Service); 3. The Head of the Agency of the Republic of Kazakhstan on combating corruption is: 1) the President of the Republic of Kazakhstan; 2) the Prime Minister of the Republic of Kazakhstan; 3) the Minister; 4) the Chairman; 5) the Head of the Administration of the President of the Republic of Kazakhstan. 4. On what principles is the anti-corruption activity in the Republic of Kazakhstan based? 1) Legality, publicity, independence, unity and centralization;
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2) Legality, the priority of protecting the rights, freedoms and legitimate interests of the man and citizen, transparency and publicity, the interaction between the state and civil society, systematic and integrated use of anti-corruption measures; 3) Legality, the priority of protecting the rights, freedoms and legitimate interests of the man and citizen, publicity and transparency, the interaction of the state and civil society, the systematic and integrated use of anti-corruption measures, the priority application of anti-corruption measures, the encouragement of persons assisting in the fight against corruption, inevitability of punishment for committing corruption offenses; 4) Legality, the priority of protecting the rights, freedoms and legitimate interests of the man and citizen, publicity and transparency, the priority application of measures to prevent corruption, the encouragement of persons assisting in the fight against corruption, the inevitability of punishment for committing corruption offenses; 5) Legality, priority of protecting the rights, freedoms and legitimate interests of the man and citizen, transparency and publicity, interaction between the state and civil society, priority application of measures to prevent corruption, inevitability of punishment for committing corruption offenses. 5. The activities of the Agency of the Republic of Kazakhstan on combating corruption are based on the principles of: 1) Legality, publicity, independence, unity and centralization; 2) Legality, the priority of protecting the rights, freedoms and legitimate interests of the man and citizen, transparency and publicity, interaction between the state and civil society, systematic and integrated use of anti-corruption measures; 3) Legality, the priority of protecting the rights, freedoms and legitimate interests of the man and citizen, publicity and transparency, the interaction of the state and civil society, the systematic and integrated use of anti-corruption measures, the priority application of anti-corruption measures, the encouragement of persons assisting in the fight against corruption, inevitability punishment for committing corruption offenses; 4) Legality, the priority of protecting the rights, freedoms and legitimate interests of the man and citizen, publicity and transparency, the priority application of measures to prevent corruption, the encouragement of persons assisting in the fight against corruption, the inevitability of punishment for committing corruption offenses; 5) Legality, priority of protecting the rights, freedoms and legitimate interests of the man and citizen, transparency and publicity, interaction between the state and civil society, priority application of measures to prevent corruption, inevitability of punishment for committing corruption offenses. 6. The Chairman of the Anti-Corruption Agency of the Republic of Kazakhstan is appointed and dismissed: 1) by the President of the Republic of Kazakhstan; 2) by the Parliament of the Republic of Kazakhstan; 3) by the Prime Minister of the Republic of Kazakhstan; 4) by the Government of the Republic of Kazakhstan; 5) by the Minister of Justice of the Republic of Kazakhstan.
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7. The Chairman of the Anti-Corruption Agency of the Republic of Kazakhstan has: 1) Three deputies appointed and dismissed by the President of the Republic of Kazakhstan; 2) Three deputies, including one first, appointed to the posts and dismissed upon his submission by the President of the Republic of Kazakhstan; 3) Three deputies, including one first, appointed to the posts and dismissed upon his submission by the Prime Minister of the Republic of Kazakhstan; 4) Three deputies, including one first, appointed to the posts and dismissed upon the presentation by the Government of the Republic of Kazakhstan; 5) Four deputies, including one first, appointed to the posts and dismissed upon his submission by the President of the Republic of Kazakhstan. 8. The fulfilment of the powers of the first head of the Agency of the Republic of Kazakhstan on combating corruption during his absence is carried out by: 1) the First Deputy Chairman; 2) the full-time deputy Chairman; 3) the Head of the structural unit of the Agency with his consent; 4) the person replacing him, in accordance with the legislation of the Republic of Kazakhstan; 5) the head of the Agency. 9. In contrast to the general tasks with the territorial Department of the Agency of the Republic of Kazakhstan on combating corruption, the Agency has the task: 1) to identify the conditions and causes conducive to the commission of corruption offenses, and eliminate their consequences; 2) to organize a set of measures aimed at the formation of an anti-corruption culture in the society; 3) to coordinate the activities of the state bodies, organizations and entities of the quasi-public sector in the prevention of corruption; 4) to develop international cooperation to combat corruption. 5) to identify, suppress, disclose and investigate corruption offenses; 10. The structure and total staffing of the Anti-Corruption Agency of the Republic of Kazakhstan is approved by: 1) by the President of the Republic of Kazakhstan on the proposal of the Chairman; 2) the Executive Secretary of the Agency; 3) Heads of departments of the Agency; 4) the head of the Agency; 5) the Chairman of the Agency of the Republic of Kazakhstan on combating corruption. 11. The structural divisions of the Agency of the Republic of Kazakhstan on combating corruption are: 1) Departments, divisions and offices; 2) Departments and services;
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3) Departments and management; 4) Departments and institutions; 5) Committees, departments and offices. 12. What is the apparatus of the Anti-Corruption Agency of the Republic of Kazakhstan? 1) The totality of departments, divisions and offices; 2) The totality of departments and services; 3) The totality of departments and offices; 4) The totality of departments and institutions; 5) The totality of committees, departments and offices. 13. The College of the Anti-Corruption Agency of the Republic of Kazakhstan is an advisory body: 1) With the executive secretary of the Agency; 2) Under the First Deputy Chairman of the Agency; 3) Of the departments, divisions and administrations; 4) Under the chairman of the Agency; 5) Under the head of the Agency. 14. The advisory bodies of the Agency of the Republic of Kazakhstan on Combating Corruption shall be formed by: 1) the Chairman of the Agency; 2) the First Deputy Chairman of the Agency; 3) the Government of the Republic of Kazakhstan; 4) the head of the administration of the President of the Republic of Kazakhstan; 5) the Executive Secretary of the Agency; 15. Which of the following is an integral part of the Agency of the Republic of Kazakhstan on combating corruption? 1) Office of the National Bureau of Interpol; 2) Department of Legislation and Regulatory Registration 3) Department of legislation and registration of regulatory legal acts; 4) Department of Prevention; 5) Department of International Legal Support and Legal Information; 6) Department of personnel and organizational control work. 16. Which of the following is an integral part of the Agency of the Republic of Kazakhstan on combating corruption? 1) Office of the National Bureau of Interpol; 2) Department of legislation and registration of regulatory legal acts; 3) Department of Integrity; 4) Department of International Legal Support and Legal Information; 5) Department of personnel and organizational and control work.
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17. Which of the following is an integral part of the Agency of the Republic of Kazakhstan on combating corruption? 1) Office of the National Bureau of Interpol; 2) Department of legislation and registration of regulatory legal acts; 3) Partnership Department; 4) Department of International Legal Support and Legal Information; 5) Department of personnel and organizational and control work. 18. Which of the following is an integral part of the Agency of the Republic of Kazakhstan on combating corruption? 1) Office of the National Bureau of Interpol; 2) Department of Strategy and Operational Management (Headquarters); 3) Department of legislation and registration of regulatory legal acts; 4) Department of International Legal Support and Legal Information; 5) Department of personnel and organizational and control work. 19. Which of the following is an integral part of the Agency of the Republic of Kazakhstan on combating corruption? 1) Office of the National Bureau of Interpol; 2) Administrative Law Department; 3) Department of Legislation and Regulatory Registration 4) Department of legislation and registration of regulatory legal acts; 5) Department of International Legal Support and Legal Information; 6) Department of personnel and organizational control work. 20. Which of the following is an integral part of the Agency of the Republic of Kazakhstan on combating corruption? 1) Office of the National Bureau of Interpol; 2) Department of personnel work; 3) Department of legislation and registration of regulatory legal acts; 4) Department of International Legal Support and Legal Information; 5) Organizational control. 21. Which of the following is an integral part of the Agency of the Republic of Kazakhstan on combating corruption? 1) Office of the National Bureau of Interpol; 2) Department of legislation and registration of regulatory legal acts; 3) Department of international legal support and legal information; 4) Department of own security; 5) Department of personnel and organizational and control work. 22. Which of the following is an integral part of the Agency of the Republic of Kazakhstan on combating corruption? 1) Internal Audit Service; 2) Department of legislation and registration of regulatory legal acts; 3) Department of international legal support and legal information;
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4) Department of personnel and organizational and control work. 5) Office of the National Bureau of Interpol. 23. Which of the following is not an integral part of the Agency of the Republic of Kazakhstan on combating corruption? 1) Department of Prevention; 2) Department of Integrity; 3) Partnership Department; 4) Department of Strategy and Operational Management (Headquarters). 5) Department of internal security. 24. Which of the following is not an integral part of the Agency of the Republic of Kazakhstan on combating corruption? 1) Department of Prevention; 2) Department of Integrity; 3) Partnership Department; 4) Department of Strategy and Operational Management (Headquarters). 5) Organizational control. 25. Which of the following is not an integral part of the Agency of the Republic of Kazakhstan on combating corruption? 1) Department of Prevention; 2) Department of Integrity; 3) Partnership Department; 4) Department of personnel and organizational and control work; 5) Department of Strategy and Operational Management (Headquarters). 26. Which of the following is not an integral part of the Agency of the Republic of Kazakhstan on combating corruption? 1) Department of Prevention; 2) Department of Integrity; 3) Partnership Department; 4) Department of International Legal Support and Legal Information; 5) Department of Strategy and Operational Management (Headquarters). 27. Which of the following is not an integral part of the Agency of the Republic of Kazakhstan on combating corruption? 1) Department of Prevention; 2) Department of Integrity; 3) Partnership Department; 4) Department of legislation and registration of regulatory legal acts; 5) Department of Strategy and Operational Management (Headquarters). 28. Which of the following is not an integral part of the Agency of the Republic of Kazakhstan on combating corruption? 1) Department of Prevention;
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2) Department of Integrity; 3) Partnership Department; 4) Office of the National Bureau of Interpol; 5) Department of Strategy and Operational Management (Headquarters). 29. The main tasks of the Agency of the Republic of Kazakhstan on combating corruption include: 1) assurance of personal security, public safety, property protection, public order; 2) identification, prevention and suppression of crimes and administrative offenses against the person; 3) formation and implementation of state policy in the field of anti-corruption; 4) organization and implementation of the search for persons hiding from the bodies of inquiry, investigation and court, evading the execution of criminal sentences, missing persons and other persons; 5) assistance to the economic investigation service in the performance of the duties assigned to it. 30. The main tasks of the Agency of the Republic of Kazakhstan on combating corruption include: 1) assurance of personal security, public safety, property protection, public order; 2) identification, prevention and suppression of crimes and administrative offenses against the person; 3) identification of conditions and causes conducive to the commission of corruption offenses, and the elimination of their consequences; 4) organization and implementation of the search for persons hiding from the bodies of inquiry, investigation and court, evading the execution of criminal sentences, missing persons and other persons; 5) assistance to the economic investigation service in the performance of the duties assigned to it. 31. The main tasks of the Agency of the Republic of Kazakhstan on combating corruption include: 1) assurance of personal security, public safety, property protection, public order; 2) identification, prevention and suppression of crimes and administrative offenses against the person; 3) organization of a set of measures aimed at the formation in society of an anticorruption culture; 4) organization and implementation of the search for persons hiding from the bodies of inquiry, investigation and court, evading the execution of criminal sentences, missing persons and other persons; 5) assistance to the economic investigation service in the performance of the duties assigned to it.
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32. The main tasks of the Agency of the Republic of Kazakhstan on combating corruption include: 1) assurance of personal security, public safety, property protection, public order; 2) identification, prevention and suppression of crimes and administrative offenses against the person; 3) coordination of the activities of state bodies, organizations and entities of the quasi-public sector in the prevention of corruption; 4) organization and implementation of the search for persons hiding from the bodies of inquiry, investigation and court, evading the execution of criminal sentences, missing persons and other persons; 5) assistance to the economic investigation service in the performance of the duties assigned to it. 33. The main tasks of the Agency of the Republic of Kazakhstan on combating corruption include: 1) assurance of personal security, public safety, property protection, public order; 2) identification, prevention and suppression of crimes and administrative offenses against the person; 3) development of international cooperation to combat corruption; 4) organization and implementation of the search for persons hiding from the bodies of inquiry, investigation and court, evading the execution of criminal sentences, missing persons and other persons; 5) assistance to the economic investigation service in the performance of the duties assigned to it. 34. The main tasks of the Agency of the Republic of Kazakhstan on combating corruption include: 1) assurance of personal security, public safety, property protection, public order; 2) identification, prevention and suppression of crimes and administrative offenses against the person; 3) identification, suppression, disclosure and investigation of corruption offenses; 4) organization and implementation of the search for persons hiding from the bodies of inquiry, investigation and court, evading the execution of criminal sentences, missing persons and other persons; 5) assistance to the economic investigation service in the performance of the duties assigned to it. 35. The functions of the Agency of the Republic of Kazakhstan on combating corruption are: 1) determination of threats to the economic security of the state within the competence of the Agency, development of measures to neutralize them; 2) development and implementation of strategic and program documents in the field of anti-corruption; 3) organization of preventive and operational investigative measures to protect all forms of property from criminal encroachments in order to ensure favorable conditions for the development of entrepreneurship and investment activity;
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4) organization of documentary checks and audits in order to identify, suppress and disclose economic and tax crimes; 5) organization within its competence of the fight against the legalization of money or other property obtained by criminal means. 36. The functions of the Agency of the Republic of Kazakhstan on combating corruption are: 1) determination of threats to the economic security of the state within the competence of the Agency, development of measures to neutralize them; 2) development and adoption of regulatory legal acts in the field of combating corruption in accordance with the legislation of the Republic of Kazakhstan; 3) organization of preventive and operational investigative measures to protect all forms of property from criminal encroachments in order to ensure favorable conditions for the development of entrepreneurship and investment activity; 4) organization of documentary checks and audits in order to identify, suppress and disclose economic and tax crimes; 5) organization within its competence of the fight against the legalization of money or other property obtained by criminal means. 37. The functions of the Agency of the Republic of Kazakhstan on combating corruption are: 1) determination of threats to the economic security of the state within the competence of the Agency, development of measures to neutralize them; 2) organization of preventive and operational-search measures to protect all forms of property from criminal attacks in order to ensure favorable conditions for the development of entrepreneurship and investment activity; 3) organization of documentary checks and audits in order to identify, suppress and disclose economic and tax crimes; 4) an external analysis of corruption risks; 5) organization within its competence of the fight against the legalization of money or other property obtained by criminal means. 38. The functions of the Agency of the Republic of Kazakhstan on combating corruption are: 1) monitoring the implementation by government bodies, organizations and entities of the quasi-public sector of the recommendations made based on the results of an external analysis of corruption risks; 2) identification of threats to the economic security of the state within the competence of the Agency, the development of measures to neutralize them; 3) organization of preventive and operational investigative measures to protect all forms of property from criminal encroachments in order to ensure favorable conditions for the development of entrepreneurship and investment activity; 4) organization of documentary checks and audits in order to identify, suppress and disclose economic and tax crimes; 5) organization within its competence of the fight against the legalization of money or other property obtained by criminal means.
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39. The functions of the Agency of the Republic of Kazakhstan on combating corruption are: 1) determination of threats to the economic security of the state within the competence of the Agency, development of measures to neutralize them; 2) making recommendations to the Government of the Republic of Kazakhstan on eliminating the causes and conditions of corruption; 3) organization of preventive and operational investigative measures to protect all forms of property from criminal encroachments in order to ensure favorable conditions for the development of entrepreneurship and investment activity; 4) organization of documentary checks and audits in order to identify, suppress and disclose economic and tax crimes; 5) organization within its competence of the fight against the legalization of money or other property obtained by criminal means. 40. The functions of the Agency of the Republic of Kazakhstan on combating corruption are: 1) determination of threats to the economic security of the state within the competence of the Agency, development of measures to neutralize them; 2) determination of a standard procedure for conducting an internal analysis of corruption risks; 3) organization of preventive and operational investigative measures to protect all forms of property from criminal encroachments in order to ensure favorable conditions for the development of entrepreneurship and investment activity; 4) organization of documentary checks and audits in order to identify, suppress and disclose economic and tax crimes; 5) organization within its competence of the fight against the legalization of money or other property obtained by criminal means. 41. The functions of the Agency of the Republic of Kazakhstan on combating corruption are: 1) determination of threats to the economic security of the state within the competence of the Agency, development of measures to neutralize them; 2) organization of preventive and operational-search measures to protect all forms of property from criminal attacks in order to ensure favorable conditions for the development of entrepreneurship and investment activity; 3) organization of documentary checks and audits in order to identify, suppress and disclose economic and tax crimes; 4) anti-corruption monitoring; 5) organization within its competence of the fight against the legalization of money or other property obtained by criminal means. 42. The functions of the Agency of the Republic of Kazakhstan on combating corruption are: 1) determination of threats to the economic security of the state within the competence of the Agency, development of measures to neutralize them;
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2) organization of preventive and operational-search measures to protect all forms of property from criminal attacks in order to ensure favorable conditions for the development of entrepreneurship and investment activity; 3) organization of documentary checks and audits in order to identify, suppress and disclose economic and tax crimes; 4) organization of anti-corruption education; 5) organization within its competence of the fight against the legalization of money or other property obtained by criminal means. 43. The functions of the Agency of the Republic of Kazakhstan on combating corruption are: 1) coordination of the activities of the state bodies and organizations on the execution of the state social order aimed at the formation of an anti-corruption culture; 2) identification of threats to the economic security of the state within the competence of the Agency, the development of measures to neutralize them; 3) organization of preventive and operational investigative measures to protect all forms of property from criminal encroachments in order to ensure favorable conditions for the development of entrepreneurship and investment activity; 4) organization of documentary checks and audits in order to identify, suppress and disclose economic and tax crimes; 5) organization within its competence of the fight against the legalization of money or other property obtained by criminal means. 44. The functions of the Agency of the Republic of Kazakhstan on combating corruption are: 1) development of proposals for improving educational programs in the formation of an anti-corruption culture; 2) identification of threats to the economic security of the state within the competence of the Agency, the development of measures to neutralize them; 3) organization of preventive and operational investigative measures to protect all forms of property from criminal encroachments in order to ensure favorable conditions for the development of entrepreneurship and investment activity; 4) organization of documentary checks and audits in order to identify, suppress and disclose economic and tax crimes; 5) organization within its competence of the fight against the legalization of money or other property obtained by criminal means. 45. The functions of the Agency of the Republic of Kazakhstan on combating corruption are: 1) determination of threats to the economic security of the state within the competence of the Agency, development of measures to neutralize them; 2) organization of preventive and operational-search measures to protect all forms of property from criminal attacks in order to ensure favorable conditions for the development of entrepreneurship and investment activity; 3) interaction with civil society institutions on anti-corruption issues;
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4) organization of documentary checks and audits in order to identify, suppress and disclose economic and tax crimes; 5) organization within its competence of the fight against the legalization of money or other property obtained by criminal means. 46. The functions of the Agency of the Republic of Kazakhstan on combating corruption are: 1) determination of threats to the economic security of the state within the competence of the Agency, development of measures to neutralize them; 2) organization of preventive and operational-search measures to protect all forms of property from criminal attacks in order to ensure favorable conditions for the development of entrepreneurship and investment activity; 3) organization of documentary checks and audits in order to identify, suppress and disclose economic and tax crimes; 4) determination of the list of information to be published as part of the implementation of financial control measures; 5) organization within its competence of the fight against the legalization of money or other property obtained by criminal means. 47. The functions of the Agency of the Republic of Kazakhstan on combating corruption are: 1) determination of threats to the economic security of the state within the competence of the Agency, development of measures to neutralize them; 2) preparation of draft international treaties on anti-corruption issues, interaction with relevant bodies of foreign states on anti-corruption issues, participation, within the limits of their authority, in the activities of international organizations; 3) organization of preventive and operational investigative measures to protect all forms of property from criminal encroachments in order to ensure favorable conditions for the development of entrepreneurship and investment activity; 4) organization of documentary checks and audits in order to identify, suppress and disclose economic and tax crimes; 5) organization within its competence of the fight against the legalization of money or other property obtained by criminal means. 48. The functions of the Agency of the Republic of Kazakhstan on combating corruption are: 1) development of draft normative legal acts in the field of combating corruption in accordance with the legislation of the Republic of Kazakhstan; 2) identification of threats to the economic security of the state within the competence of the Agency, the development of measures to neutralize them; 3) organization of preventive and operational investigative measures to protect all forms of property from criminal encroachments in order to ensure favorable conditions for the development of entrepreneurship and investment activity; 4) organization of documentary checks and audits in order to identify, suppress and disclose economic and tax crimes; 5) organization within its competence of the fight against the legalization of money or other property obtained by criminal means.
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49. The functions of the Agency of the Republic of Kazakhstan on combating corruption are: 1) determination of threats to the economic security of the state within the competence of the Agency, development of measures to neutralize them; 2) annual formation of the National Report on combating corruption in the Republic of Kazakhstan and its introduction in the manner prescribed by the legislation of the Republic of Kazakhstan; 3) organization of preventive and operational investigative measures to protect all forms of property from criminal encroachments in order to ensure favorable conditions for the development of entrepreneurship and investment activity; 4) organization of documentary checks and audits in order to identify, suppress and disclose economic and tax crimes; 5) organization within its competence of the fight against the legalization of money or other property obtained by criminal means. 50. The functions of the Agency of the Republic of Kazakhstan on combating corruption are: 1) determination of threats to the economic security of the state within the competence of the Agency, development of measures to neutralize them; 2) organization of preventive and operational-search measures to protect all forms of property from criminal attacks in order to ensure favorable conditions for the development of entrepreneurship and investment activity; 3) organization of documentary checks and audits in order to identify, suppress and disclose economic and tax crimes; 4) organization within its competence of the fight against the legalization of money or other property obtained by criminal means; 5) implementation of proceedings on administrative offenses in the manner prescribed by the Code of the Republic of Kazakhstan on administrative offenses. 51. The functions of the Agency of the Republic of Kazakhstan on combating corruption are: 1) determination of threats to the economic security of the state within the competence of the Agency, development of measures to neutralize them; 2) organization of preventive and operational-search measures to protect all forms of property from criminal attacks in order to ensure favorable conditions for the development of entrepreneurship and investment activity; 3) reception, registration and consideration of applications, messages and other information about criminal offenses; 4) organization of documentary checks and audits in order to identify, suppress and disclose economic and tax crimes; 5) organization within its competence of the fight against the legalization of money or other property obtained by criminal means. 52. The functions of the Agency of the Republic of Kazakhstan on combating corruption are: 1) determination of threats to the economic security of the state within the competence of the Agency, development of measures to neutralize them;
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2) organization of preventive and operational-search measures to protect all forms of property from criminal attacks in order to ensure favorable conditions for the development of entrepreneurship and investment activity; 3) organization of documentary checks and audits in order to identify, suppress and disclose economic and tax crimes; 4) organization within its competence of the fight against the legalization of money or other property obtained by criminal means; 5) advising individuals and legal entities on anti-corruption issues. 53. The functions of the Agency of the Republic of Kazakhstan on combating corruption are: 1) determination of threats to the economic security of the state within the competence of the Agency, development of measures to neutralize them; 2) organization of preventive and operational-search measures to protect all forms of property from criminal attacks in order to ensure favorable conditions for the development of entrepreneurship and investment activity; 3) organization and implementation of operational investigative activities; 4) organization of documentary checks and audits in order to identify, suppress and disclose economic and tax crimes; 5) organization within its competence of the fight against the legalization of money or other property obtained by criminal means. 54. The functions of the Agency of the Republic of Kazakhstan on combating corruption are: 1) determination of threats to the economic security of the state within the competence of the Agency, development of measures to neutralize them; 2) organization of preventive and operational-search measures to protect all forms of property from criminal attacks in order to ensure favorable conditions for the development of entrepreneurship and investment activity; 3) the use of special and other technical means during the conduct of covert investigative actions, general and special operational-search measures; 4) organization of documentary checks and audits in order to identify, suppress and disclose economic and tax crimes; 5) organization within its competence of the fight against the legalization of money or other property obtained by criminal means. 55. The functions of the Agency of the Republic of Kazakhstan on combating corruption are: 1) determination of threats to the economic security of the state within the competence of the Agency, development of measures to neutralize them; 2) organization of preventive and operational-search measures to protect all forms of property from criminal attacks in order to ensure favorable conditions for the development of entrepreneurship and investment activity; 3) organization of documentary checks and audits in order to identify, suppress and disclose economic and tax crimes;
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4) conduct of pre-trial investigation; 5) organization within its competence of the fight against the legalization of money or other property obtained by criminal means. 56. The functions of the Agency of the Republic of Kazakhstan on combating corruption are: 1) determination of threats to the economic security of the state within the competence of the Agency, development of measures to neutralize them; 2) organization of preventive and operational-search measures to protect all forms of property from criminal attacks in order to ensure favorable conditions for the development of entrepreneurship and investment activity; 3) organization of documentary checks and audits in order to identify, suppress and disclose economic and tax crimes; 4) execution of applications and requests received from other law enforcement and special bodies, including the competent authorities of foreign states; 5) organization within its competence of the fight against the legalization of money or other property obtained by criminal means. 57. The functions of the Agency of the Republic of Kazakhstan on combating corruption are: 1) determination of threats to the economic security of the state within the competence of the Agency, development of measures to neutralize them; 2) execution of petitions and requests received from other law enforcement and special bodies, including the competent authorities of foreign states; 3) organization of preventive and operational investigative measures to protect all forms of property from criminal encroachments in order to ensure favorable conditions for the development of entrepreneurship and investment activity; 4) organization of documentary checks and audits in order to identify, suppress and disclose economic and tax crimes; 5) organization within its competence of the fight against the legalization of money or other property obtained by criminal means. 58. The functions of the Agency of the Republic of Kazakhstan on combating corruption are: 1) determination of threats to the economic security of the state within the competence of the Agency, development of measures to neutralize them; 2) organization of preventive and operational-search measures to protect all forms of property from criminal attacks in order to ensure favorable conditions for the development of entrepreneurship and investment activity; 3) adoption of measures provided for by legislative acts for the state protection of persons subject to state protection; 4) organization of documentary checks and audits in order to identify, suppress and disclose economic and tax crimes; 5) organization within its competence of the fight against the legalization of money or other property obtained by criminal means.
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59. The functions of the Agency of the Republic of Kazakhstan on combating corruption are: 1) determination of threats to the economic security of the state within the competence of the Agency, development of measures to neutralize them; 2) organization of preventive and operational-search measures to protect all forms of property from criminal attacks in order to ensure favorable conditions for the development of entrepreneurship and investment activity; 3) organization of documentary checks and audits in order to identify, suppress and disclose economic and tax crimes; 4) organization within its competence of the fight against the legalization of money or other property obtained by criminal means; 5) encouragement of persons who report a corruption offense or otherwise assist in the fight against corruption, in the manner established by the legislation of the Republic of Kazakhstan. 60. The functions of the Agency of the Republic of Kazakhstan on combating corruption are: 1) establishment of the location and detention of wanted persons hiding from the investigation, inquiry or trial; 2) identification of threats to the economic security of the state within the competence of the Agency, the development of measures to neutralize them; 3) organization of preventive and operational investigative measures to protect all forms of property from criminal encroachments in order to ensure favorable conditions for the development of entrepreneurship and investment activity; 4) organization of documentary checks and audits in order to identify, suppress and disclose economic and tax crimes; 5) organization within its competence of the fight against the legalization of money or other property obtained by criminal means. 61. The functions of the Agency of the Republic of Kazakhstan on combating corruption are: 1) determination of threats to the economic security of the state within the competence of the Agency, development of measures to neutralize them; 2) organization of preventive and operational-search measures to protect all forms of property from criminal attacks in order to ensure favorable conditions for the development of entrepreneurship and investment activity; 3) organization of documentary checks and audits in order to identify, suppress and disclose economic and tax crimes; 4) organization within its competence of the fight against the legalization of money or other property obtained by criminal means; 5) monitoring of the sale of the property confiscated in criminal cases of corruption offenses and acquired using the funds obtained by criminal means, as a rule, with the subsequent publication of the information about the transfer of such property to the state.
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62. The functions of the Agency of the Republic of Kazakhstan on combating corruption are: 1) determination of threats to the economic security of the state within the competence of the Agency, development of measures to neutralize them; 2) organization of preventive and operational-search measures to protect all forms of property from criminal attacks in order to ensure favorable conditions for the development of entrepreneurship and investment activity; 3) organization of documentary checks and audits in order to identify, suppress and disclose economic and tax crimes; 4) formation of departmental statistics; 5) organization within its competence of the fight against the legalization of money or other property obtained by criminal means. 63. The functions of the Agency of the Republic of Kazakhstan on combating corruption are: 1) interaction within its competence with other state bodies, organizations and relevant bodies of foreign states on the identification, suppression, disclosure and investigation of corruption offenses; 2) identification of threats to the economic security of the state within the competence of the Agency, the development of measures to neutralize them; 3) organization of preventive and operational investigative measures to protect all forms of property from criminal encroachments in order to ensure favorable conditions for the development of entrepreneurship and investment activity; 4) organization of documentary checks and audits in order to identify, suppress and disclose economic and tax crimes; 5) organization within its competence of the fight against the legalization of money or other property obtained by criminal means. 64. The functions of the Agency of the Republic of Kazakhstan on combating corruption are: 1) determination of threats to the economic security of the state within the competence of the Agency, development of measures to neutralize them; 2) organization of preventive and operational-search measures to protect all forms of property from criminal attacks in order to ensure favorable conditions for the development of entrepreneurship and investment activity; 3) control, coordination and evaluation of the activities of the territorial bodies of the Agency; 4) organization of documentary checks and audits in order to identify, suppress and disclose economic and tax crimes; 5) organization within its competence of the fight against the legalization of money or other property obtained by criminal means. 65. The functions of the Agency of the Republic of Kazakhstan on combating corruption are: 1) determination of threats to the economic security of the state within the competence of the Agency, development of measures to neutralize them;
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2) assurance of the security regime for administrative buildings of the Agency and access control; 3) organization of preventive and operational investigative measures to protect all forms of property from criminal encroachments in order to ensure favorable conditions for the development of entrepreneurship and investment activity; 4) organization of documentary checks and audits in order to identify, suppress and disclose economic and tax crimes; 5) organization within its competence of the fight against the legalization of money or other property obtained by criminal means. 66. The functions of the Agency of the Republic of Kazakhstan on combating corruption are: 1) determination of threats to the economic security of the state within the competence of the Agency, development of measures to neutralize them; 2) organization of preventive and operational-search measures to protect all forms of property from criminal attacks in order to ensure favorable conditions for the development of entrepreneurship and investment activity; 3) organization of documentary checks and audits in order to identify, suppress and disclose economic and tax crimes; 4) accounting and control over the safety of weapons, ammunition, special protective equipment, which are in service with the Agency; 5) organization within its competence of the fight against the legalization of money or other property obtained by criminal means. 67. The functions of the Agency of the Republic of Kazakhstan on combating corruption are: 1) assurance of the protection of state secrets and departmental control over the observance of the secrecy regime; 2) identification of threats to the economic security of the state within the competence of the Agency, the development of measures to neutralize them; 3) organization of preventive and operational investigative measures to protect all forms of property from criminal encroachments in order to ensure favorable conditions for the development of entrepreneurship and investment activity; 4) organization of documentary checks and audits in order to identify, suppress and disclose economic and tax crimes; 5) organization within its competence of the fight against the legalization of money or other property obtained by criminal means. 68. The functions of the Agency of the Republic of Kazakhstan on combating corruption are: 1) determination of threats to the economic security of the state within the competence of the Agency, development of measures to neutralize them; 2) organization of preventive and operational-search measures to protect all forms of property from criminal attacks in order to ensure favorable conditions for the development of entrepreneurship and investment activity; 3) financial and material and technical equipment of the operational-search activity within the budget funds allocated to the Agency for these purposes;
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4) organization of documentary checks and audits in order to identify, suppress and disclose economic and tax crimes; 5) organization within its competence of the fight against the legalization of money or other property obtained by criminal means. 69. The functions of the Agency of the Republic of Kazakhstan on combating corruption are: 1) determination of threats to the economic security of the state within the competence of the Agency, development of measures to neutralize them; 2) organization of preventive and operational-search measures to protect all forms of property from criminal attacks in order to ensure favorable conditions for the development of entrepreneurship and investment activity; 3) organization of documentary checks and audits in order to identify, suppress and disclose economic and tax crimes; 4) an internal state financial audit of the territorial bodies of the Agency; 5) organization within its competence of the fight against the legalization of money or other property obtained by criminal means. 70. The functions of the Agency of the Republic of Kazakhstan on combating corruption are: 1) determination of threats to the economic security of the state within the competence of the Agency, development of measures to neutralize them; 2) organization of preventive and operational-search measures to protect all forms of property from criminal attacks in order to ensure favorable conditions for the development of entrepreneurship and investment activity; 3) organization of documentary checks and audits in order to identify, suppress and disclose economic and tax crimes; 4) prevention, prevention and suppression of offenses among the personnel of the Agency; 5) organization within its competence of the fight against the legalization of money or other property obtained by criminal means. 71. The implementation of law enforcement is entrusted to: 1) Department of Prevention; 2) Department of Integrity; 3) Partnership Department; 4) Department of Strategy and Operational Management (Headquarters); 5) Anti-corruption service. 72. Which of the following structures can carry out operational investigative activities? 1) Department of Strategy and Operational Management (Headquarters); 2) Department of Prevention; 3) Department of Integrity; 4) Partnership Department; 5) Department of own security;
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73. Information on the person assisting in the fight against corruption is: 1) information for official use; 2) a state secret; 3) a trade secret; 4) a personal secret; 5) all of the above. 74. In cases of the refusal to voluntarily surrender illegally obtained property or to pay the state its cost or the cost of illegally obtained services as a result of corruption offenses, they shall be collected on the basis of: 1) instructions of the head of the anti-corruption service; 2) the protest of the prosecutor; 3) decisions of the prosecutor; 4) court sanctions; 5) decisions of the court that has entered into legal force. 75. The anti-corruption service of the authorized anti-corruption body, within the limits of its authority, has the right: 1) to conduct an analysis of the practice of operational-search and investigative activities, pre-trial investigation of corruption crimes; 2) in criminal cases in proceedings, to expose the persons evading calls; 3) to seize or confiscate documents, goods, objects or other property in accordance with the criminal procedure legislation of the Republic of Kazakhstan and (or) the legislation of the Republic of Kazakhstan on administrative offenses; 4) to use temporary detention facilities, pre-trial detention facilities in the manner prescribed by the legislation of the Republic of Kazakhstan; 5) all of the above. 76. The rights and obligations of the Agency of the Republic of Kazakhstan on combating corruption include: 1) to make proposals to the President of the Republic of Kazakhstan on improving the public service, assessment and state control over the quality of public services; 2) to make proposals to the President of the Republic of Kazakhstan on the issues of improving anti-corruption measures; 3) to conduct inspections on the issues of public service, state control over the quality of the provision of public services, and, in agreement with the state bodies, involve their employees in inspections; 4) to bring to the state bodies, within the limits of their competence, binding views on elimination of violations identified upon the results of the audit on public service issues in accordance with the legislation of the Republic of Kazakhstan; 5) in the event of violation of the legislation of the Republic of Kazakhstan on public service, to take measures in the manner prescribed by the legislation of the Republic of Kazakhstan.
81
77. The rights and obligations of the Agency of the Republic of Kazakhstan on combating corruption include: 1) to make proposals to the President of the Republic of Kazakhstan on improving the public service, assessment and state control over the quality of public services; 2) to request and receive from state bodies, organizations, officials the necessary information and materials, including those obtained from information resources, in the manner established by the legislation of the Republic of Kazakhstan; 3) to conduct inspections on the issues of public service, state control over the quality of the provision of public services, and, in agreement with the state bodies, involve their employees in inspections; 4) to bring to the state bodies, within the limits of their competence, binding views on elimination of violations identified upon the results of the audit on public service issues in accordance with the legislation of the Republic of Kazakhstan; 5) in the event of violation of the legislation of the Republic of Kazakhstan on public service, , to take measures in the manner prescribed by the legislation of the Republic of Kazakhstan. 78. The rights and obligations of the Agency of the Republic of Kazakhstan on combating corruption include: 1) to make proposals to the President of the Republic of Kazakhstan on improving the public service, assessment and state control over the quality of public services; 2) to involve specialists and (or) experts of other anti-corruption actors in conducting an external analysis of corruption risks; 3) to conduct inspections on the issues of public service, state control over the quality of the provision of public services, and, in agreement with the state bodies, involve their employees in inspections; 4) to bring to the state bodies, within the limits of their competence, binding views on elimination of violations identified upon the results of the audit on public service issues in accordance with the legislation of the Republic of Kazakhstan; 5) in the event of violation of the legislation of the Republic of Kazakhstan on public service, to take measures in the manner prescribed by the legislation of the Republic of Kazakhstan. 79. The rights and obligations of the Agency of the Republic of Kazakhstan on combating corruption include: 1) to make proposals to the President of the Republic of Kazakhstan on improving the public service, assessment and state control over the quality of public services; 2) to conduct inspections on the issues of public service, state control over the quality of the provision of public services, in agreement with the state bodies, involve their employees in conducting inspections; 3) to bring to the state bodies, within the limits of their competence, binding views on elimination of violations identified upon the results of the audit on public service issues in accordance with the legislation of the Republic of Kazakhstan;
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4) to accept, register and consider statements and reports on crimes committed or being prepared, take timely measures to suppress, disclose, detain persons who committed them and prevent socially dangerous acts; 5) in the event of a violation of the legislation of the Republic of Kazakhstan on public service, to take measures in the manner prescribed by the legislation of the Republic of Kazakhstan. 80. The rights and obligations of the Agency of the Republic of Kazakhstan on combating corruption include: 1) to make proposals to the President of the Republic of Kazakhstan on improving the public service, assessment and state control over the quality of public services; 2) to conduct inspections on the issues of public service, state control over the quality of the provision of public services, in agreement with the state bodies, involve their employees in conducting inspections; 3) to analyze the practice of operational investigative and investigative activities, pre-trial investigation of corruption crimes; 4) to bring to the state bodies, within the limits of their competence, binding views on elimination of violations identified upon the results of the audit on public service issues in accordance with the legislation of the Republic of Kazakhstan; 5) in the event of a violation of the legislation of the Republic of Kazakhstan on public service, , to take measures in the manner prescribed by the legislation of the Republic of Kazakhstan. 81. The rights and obligations of the Agency of the Republic of Kazakhstan on combating corruption include: 1) to make proposals to the President of the Republic of Kazakhstan on improving the public service, assessment and state control over the quality of public services; 2) to conduct inspections on the issues of public service, state control over the quality of the provision of public services, in agreement with the state bodies, involve their employees in conducting inspections; 3) to bring to the state bodies, within the limits of their competence, binding views on elimination of violations identified upon the results of the audit on public service in accordance with the legislation of the Republic of Kazakhstan; 4) in the event of a violation of the legislation of the Republic of Kazakhstan on public service, to take measures in the manner prescribed by the legislation of the Republic of Kazakhstan; 5) to seize or appropriate documents, goods, objects or other property in accordance with the criminal procedure legislation of the Republic of Kazakhstan and (or) the legislation of the Republic of Kazakhstan on administrative offenses. 82. The rights and obligations of the Agency of the Republic of Kazakhstan on combating corruption include: 1) to make proposals to the President of the Republic of Kazakhstan on improving the public service, assessment and state control over the quality of public services;
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2) to conduct inspections on the issues of public service, state control over the quality of the provision of public services, in agreement with the state bodies, involve their employees in conducting inspections; 3) to bring to the state bodies, within the limits of their competence, binding views on elimination of violations identified upon the results of the audit on public service in accordance with the legislation of the Republic of Kazakhstan; 4) in criminal cases in proceedings, to expose the persons who evade a call; 5) in the event of a violation of the legislation of the Republic of Kazakhstan on public service, to take measures in the manner prescribed by the legislation of the Republic of Kazakhstan. 83. The rights and obligations of the Agency of the Republic of Kazakhstan on combating corruption include: 1) to make proposals to the President of the Republic of Kazakhstan on improving the public service, assessment and state control over the quality of public services; 2) to conduct inspections on the issues of public service, state control over the quality of the provision of public services, in agreement with the state bodies, involve their employees in conducting inspections; 3) to use temporary detention facilities, pre-trial detention facilities in the manner prescribed by the legislation of the Republic of Kazakhstan; 4) to bring to the state bodies, within the limits of their competence, binding views on elimination of violations identified upon the results of the audit on public service issues in accordance with the legislation of the Republic of Kazakhstan; 5) in the event of a violation of the legislation of the Republic of Kazakhstan on public service, to take measures in the manner prescribed by the legislation of the Republic of Kazakhstan. 84. The rights and obligations of the Agency of the Republic of Kazakhstan on combating corruption include: 1) to make proposals to the President of the Republic of Kazakhstan on improving the public service, assessment and state control over the quality of public services; 2) to conduct inspections on the issues of public service, state control over the quality of the provision of public services, in agreement with the state bodies, involve their employees in conducting inspections; 3) to bring to the state bodies, within the limits of their competence, binding views on elimination of violations identified upon the results of the audit on public service in accordance with the legislation of the Republic of Kazakhstan; 4) to submit to state bodies, organizations or persons performing managerial functions in them, proposals on taking measures to eliminate circumstances or other violations of the law in the manner established by the criminal procedure legislation of the Republic of Kazakhstan; 5) in the event of a violation of the legislation of the Republic of Kazakhstan on public service, to take measures in the manner prescribed by the legislation of the Republic of Kazakhstan.
84
85. The rights and obligations of the Agency of the Republic of Kazakhstan on combating corruption include: 1) to make proposals to the President of the Republic of Kazakhstan on improving the public service, assessment and state control over the quality of public services; 2) to conduct inspections on the issues of public service, state control over the quality of the provision of public services, in agreement with the state bodies, involve their employees in conducting inspections; 3) to require the performance of audits, tax and other inspections, audits and evaluations from the authorized bodies and officials in cases provided for by the legislation of the Republic of Kazakhstan; 4) to bring to the state bodies, within the limits of their competence, binding views on elimination of violations identified upon the results of the audit on public service issues in accordance with the legislation of the Republic of Kazakhstan; 5) in the event of a violation of the legislation of the Republic of Kazakhstan on public service, , to take measures in the manner prescribed by the legislation of the Republic of Kazakhstan. 86. The rights and obligations of the Agency of the Republic of Kazakhstan on combating corruption include: 1) to make proposals to the President of the Republic of Kazakhstan on improving the public service, assessment and state control over the quality of public services; 2) to improve the forms and methods of combating corruption crimes, determine the strategy and tactics of the operational-search activity, develop and implement measures to increase its effectiveness; 3) to conduct inspections on the issues of public service, state control over the quality of the provision of public services, and, in agreement with the state bodies, involve their employees in inspections; 4) to bring to the state bodies, within the limits of their competence, binding views on elimination of violations identified upon the results of the audit on public service issues in accordance with the legislation of the Republic of Kazakhstan; 5) in the event of a violation of the legislation of the Republic of Kazakhstan on public service, to take measures in the manner prescribed by the legislation of the Republic of Kazakhstan. 87. The rights and obligations of the Agency of the Republic of Kazakhstan on combating corruption include: 1) to make proposals to the President of the Republic of Kazakhstan on improving the public service, assessment and state control over the quality of public services; 2) to conduct inspections on the issues of public service, state control over the quality of the provision of public services, in agreement with the state bodies, involve their employees in conducting inspections; 3) to bring to the state bodies, within the limits of their competence, binding views on elimination of violations identified upon the results of the audit on public service in accordance with the legislation of the Republic of Kazakhstan;
85
4) in the event of a violation of the legislation of the Republic of Kazakhstan on public service, to take measures in the manner prescribed by the legislation of the Republic of Kazakhstan; 5) to escort detainees and detainees. 88. The rights and obligations of the Agency of the Republic of Kazakhstan on combating corruption include: 1) to make proposals to the President of the Republic of Kazakhstan on improving the public service, assessment and state control over the quality of public services; 2) to conduct inspections on the issues of public service, state control over the quality of the provision of public services, in agreement with the state bodies, involve their employees in conducting inspections; 3) to bring to the state bodies, within the limits of their competence, binding views on elimination of violations identified upon the results of the audit on public service issues in accordance with the legislation of the Republic of Kazakhstan; 4) in cases of violation of the legislation of the Republic of Kazakhstan on combating corruption, to take measures in the manner prescribed by law to eliminate them; 5) in the event of a violation of the legislation of the Republic of Kazakhstan on public service, to take measures in the manner prescribed by the legislation of the Republic of Kazakhstan. 89. The rights and obligations of the Agency of the Republic of Kazakhstan on combating corruption include: 1) to make proposals to the President of the Republic of Kazakhstan on improving the public service, assessment and state control over the quality of public services; 2) to conduct inspections on the issues of public service, state control over the quality of the provision of public services, in agreement with the state bodies, involve their employees in conducting inspections; 3) to bring to the state bodies, within the limits of their competence, binding views on elimination of violations identified upon the results of the audit on public service issues in accordance with the legislation of the Republic of Kazakhstan; 4) to comply with the law when accepting, registering, recording and considering applications, messages, complaints and other information about offenses; 5) in the event of a violation of the legislation of the Republic of Kazakhstan on public service, , to take measures in the manner prescribed by the legislation of the Republic of Kazakhstan. 90. The rights and obligations of the Agency of the Republic of Kazakhstan on combating corruption include: 1) to make proposals to the President of the Republic of Kazakhstan on improving the public service, assessment and state control over the quality of public services; 2) to conduct inspections on the issues of public service, state control over the quality of the provision of public services, in agreement with the state bodies, involve their employees in conducting inspections;
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3) to bring to the state bodies, within the limits of their competence, binding views on elimination of violations identified upon the results of the audit on public service in accordance with the legislation of the Republic of Kazakhstan; 4) in the event of a violation of the legislation of the Republic of Kazakhstan on public service, to take measures in the manner prescribed by the legislation of the Republic of Kazakhstan; 5) within the competence of the Agency, to ensure the detection, suppression and disclosure of crimes through the implementation of general and special operational-search measures, covert investigative actions, recording their results for the use in criminal proceedings. 91. The rights and obligations of the Agency of the Republic of Kazakhstan on combating corruption include: 1) to make proposals to the President of the Republic of Kazakhstan on improving the public service, assessment and state control over the quality of public services; 2) to conduct inspections on the issues of public service, state control over the quality of the provision of public services, in agreement with the state bodies, involve their employees in conducting inspections; 3) to bring to the state bodies, within the limits of their competence, binding views on elimination of violations identified upon the results of the audit on public service in accordance with the legislation of the Republic of Kazakhstan; 4) in the event of a violation of the legislation of the Republic of Kazakhstan on public service, to take measures in the manner prescribed by the legislation of the Republic of Kazakhstan; 5) to carry out pre-trial investigation in the manner prescribed by the criminal procedure legislation of the Republic of Kazakhstan. 92. The rights and obligations of the Agency of the Republic of Kazakhstan on combating corruption include: 1) to make proposals to the President of the Republic of Kazakhstan on improving the public service, assessment and state control over the quality of public services; 2) to keep count and exercise control over the safety of weapons, ammunition, special protective equipment that is in service with the Agency; 3) to conduct inspections on the issues of public service, state control over the quality of the provision of public services, and, in agreement with the state bodies, involve their employees in inspections; 4) to bring to the state bodies, within the limits of their competence, binding views on elimination of violations identified upon the results of the audit on public service issues in accordance with the legislation of the Republic of Kazakhstan; 5) in the event of a violation of the legislation of the Republic of Kazakhstan on public service, to take measures in the manner prescribed by the legislation of the Republic of Kazakhstan. 93. The rights and obligations of the Agency of the Republic of Kazakhstan on combating corruption include: 1) to make proposals to the President of the Republic of Kazakhstan on improving the public service, assessment and state control over the quality of public services;
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2) to conduct inspections on the issues of public service, state control over the quality of the provision of public services, in agreement with the state bodies, involve their employees in conducting inspections; 3) to bring to the state bodies, within the limits of their competence, binding views on elimination of violations identified upon the results of the audit on public service in accordance with the legislation of the Republic of Kazakhstan; 4) in the event of a violation of the legislation of the Republic of Kazakhstan on public service, to take measures in the manner prescribed by the legislation of the Republic of Kazakhstan; 5) to take inventory and keep criminal cases, according to which the terms of the pre-trial investigation are interrupted, material evidence in criminal cases, as well as cases of operational records and secret investigative actions. 94. The rights and obligations of the Agency of the Republic of Kazakhstan on combating corruption include: 1) to make proposals to the President of the Republic of Kazakhstan on improving the public service, assessment and state control over the quality of public services; 2) to conduct inspections on the issues of public service, state control over the quality of the provision of public services, in agreement with the state bodies, involve their employees in conducting inspections; 3) to bring to the state bodies, within the limits of their competence, binding views on elimination of violations identified upon the results of the audit on public service in accordance with the legislation of the Republic of Kazakhstan; 4) in the event of a violation of the legislation of the Republic of Kazakhstan on public service, to take measures in the manner prescribed by the legislation of the Republic of Kazakhstan; 5) to carry out proceedings in cases of administrative offenses, as well as to take measures to ensure proceedings in the case of an administrative offense in the manner established by the Code of the Republic of Kazakhstan on administrative offenses. 95. The rights and obligations of the Agency of the Republic of Kazakhstan on combating corruption include: 1) to make proposals to the President of the Republic of Kazakhstan on improving the public service, assessment and state control over the quality of public services; 2) to conduct inspections on the issues of public service, state control over the quality of the provision of public services, in agreement with the state bodies, involve their employees in conducting inspections; 3) to bring to the state bodies, within the limits of their competence, binding views on elimination of violations identified upon the results of the audit on public service in accordance with the legislation of the Republic of Kazakhstan; 4) in the event of a violation of the legislation of the Republic of Kazakhstan on public service, to take measures in the manner prescribed by the legislation of the Republic of Kazakhstan; 5) to carry out activities to establish the whereabouts and organize the detention of wanted persons.
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96. The rights and obligations of the Agency of the Republic of Kazakhstan on combating corruption include: 1) to make proposals to the President of the Republic of Kazakhstan on improving the public service, assessment and state control over the quality of public services; 2) to conduct inspections on the issues of public service, state control over the quality of the provision of public services, in agreement with the state bodies, involve their employees in conducting inspections; 3) to bring to the state bodies, within the limits of their competence, binding views on elimination of violations identified upon the results of the audit on public service in accordance with the legislation of the Republic of Kazakhstan; 4) in the event of a violation of the legislation of the Republic of Kazakhstan on public service, to take measures in the manner prescribed by the legislation of the Republic of Kazakhstan; 5) to organize, within the established competence of the Agency, the extradition of wanted persons. 97. The fundamental principle of the UN Convention against Corruption is: 1) The principle of the obligation of the states to cooperate with each other; 2) The principle is the need for coordination of efforts of member countries in the fight against corruption; 3) The principle of non-interference in the matters within the internal competence of the states; 4) The principle of orientation of the public in using the Convention in their interests; 5) The principle of good faith fulfilment of obligations under international law. 98. The fundamental principle of the UN Convention against Corruption is: 1) The principle of the obligation of the states to cooperate with each other; 2) The principle of non-interference in the matters within the internal competence of the states; 3) The principle of orientation of the public in using the Convention in their interests; 4) The principle of conscientious fulfilment of obligations under international law; 5) The principle of bringing the national legislation of the participating countries to a single logic aimed at combating corruption. 99. The objectives of the UN Convention against Corruption are not: 1) the assistance in the adoption and strengthening of measures aimed at more effective and efficient prevention of corruption and the fight against it; 2) the encouragement, facilitation and support of international cooperation and technical assistance in preventing and combating corruption; 3) taking measures to return assets; 4) the creation of effective remedies for persons who have suffered damage as a result of acts of corruption, 5) the promotion of honesty, integrity, responsibility and proper management of public affairs and public property.
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100. The UN Convention against Corruption was adopted: 1) in 2000; 2) in 2001; 3) in 2003; 4) in 2005 5) in 2007 101. The UN Convention against Corruption was ratified by the Republic of Kazakhstan: 1) in 2008; 2) in 2010; 3) in 2012; 4) in 2014; 5) in 2016 102. The Republic of Kazakhstan uses the UN Convention against Corruption as: 1) the obligation to fight corruption; 2) a friendly gesture towards other countries the parties to the Convention; 3) the legal basis for cooperation in the matters of extradition with other states parties to the Convention; 4) the legal basis for full participation in the negotiation processes; 5) the legal basis for solving internal problems with the help of the world community. MISSION AND MECHANISMS OF THE WORK OF THE GRECO 103. In the fight against corruption, the GRECO within the framework of the Council of Europe functions as: 1) a regulatory body; 2) an advisory body; 3) a supervisory authority; 4) a body that ensures the protection and restoration of the rights and freedoms of the man and citizen, the legitimate interests of legal entities, society and the state; 5) a body coordinating the activities of law enforcement and other state bodies to ensure the rule of law, law and order and the fight against crime. 104. The objective of the GRECO within the framework of the Council of Europe is to: 1) represent the interests of civil society in the anti-corruption fight; 2) combine the efforts of participating countries in the anti-corruption struggle. 3) coordinate the activities of law enforcement and other state bodies to ensure law, order and the fight against crime; 4) develop of interaction between the central and local executive bodies, and local authorities with civil society in the anti-corruption fight; 5) organize public control and ensure transparency of the activities of the central and local executive bodies, and local authorities in the anti-corruption fight.
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105. The "on-site" monitoring carried out by the GRECO experts provides each Member State with a detailed analysis and recommendations based on the deficiencies confirmed by the experts in: 1) the law enforcement and specialized government agencies in the areas of penal enforcement and implementation of other measures of state coercion to fight against corruption; 2) the activities of law enforcement and special state bodies in the areas of compliance with international treaties; 3) national anti corruption policy and legislation; 4) the activities of state bodies in the anti-corruption fight; 5) protection and restoration of human and civil rights and freedoms, the legitimate interests of legal entities, society and the state. 106. On which of the following laws are the anti-corruption standards of the Council of Europe based? 1) Criminal Law Convention against Corruption; 2) European Convention on the Transfer of Criminal Procedure; 3) European Convention on Mutual Assistance in Criminal Matters; 4) European Convention on Extradition; 5) European Social Charter. 107. On which of the following laws are the anti-corruption standards of the Council of Europe based? 1) European Convention on the Transfer of Criminal Procedure; 2) European Convention on Mutual Assistance in Criminal Matters; 3) European Convention on Extradition; 4) Civil Law Convention against Corruption; 5) European Social Charter. 108. On which of the following laws are the anti-corruption standards of the Council of Europe based? 1) Additional Protocol to the Criminal Law Convention against Corruption; 2) European Convention on the Transfer of Criminal Procedure; 3) European Convention on Mutual Assistance in Criminal Matters; 4) European Convention on Extradition; 5) European Social Charter. 109. Which of the following tasks are assigned to the GRECO? 1) to remain on guard of human rights, serve as a political guideline of democracy in the countries of post-communist Europe; 2) to assist the countries of Central and Eastern Europe in carrying out political, legislative and constitutional reforms simultaneously with the implementation of transformations in the economy; 3) to disseminate the experience gained by the Organization in such areas as human rights, local democracy, education, culture, ecology;
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4) to improve methods of combating corruption in the participating countries; 5) to strengthen democratic stability in Europe through the implementation of political, legislative and constitutional reforms. 110. Which of the following tasks are assigned to the GRECO? 1) to remain on guard of human rights, serve as a political guideline of democracy in the countries of post-communist Europe; 2) to assist the countries of Central and Eastern Europe in carrying out political, legislative and constitutional reforms simultaneously with the implementation of transformations in the economy; 3) to disseminate the experience gained by the Organization in such areas as human rights, local democracy, education, culture, ecology; 4) to create the basis for the exchange of best practices in the prevention and detection of cases of corruption in the participating countries; 5) to strengthen democratic stability in Europe through the implementation of political, legislative and constitutional reforms.
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TEST ANSWERS on the topic "Authorized body for the fight against corruption"
1-5) 2-4) 3-4) 4-3) 5-3) 6-1) 7-2) 8-4) 9-4) 10-1) 11-2) 12-2) 13-4) 14-1) 15-4)
16-3) 17-3) 18-2) 19-2) 20-2) 21-4) 22-1) 23-5) 24-5) 25-4) 26-4) 27-4) 28-4) 29-3) 30-3)
31-3) 32-3) 33-3) 34-3) 35-2) 36-2) 37-4) 38-1) 39-2) 40-2) 41-4) 42-4) 43-1) 44-1) 45-3)
46-4) 47-2) 48-1) 49-2) 50-5) 51-3) 52-5) 53-3) 54-3) 55-4) 56-4) 57-2) 58-3) 59-5) 60-1)
61-5) 62-4) 63-1) 64-3) 65-2) 66-4) 67-1) 68-3) 69-4) 70-4) 71-5) 72-5) 73-2) 74-5) 75-5)
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76-2) 77-2) 78-2) 79-4) 80-3) 81-5) 82-4) 83-3) 84-4) 85-3) 86-2) 87-5) 88-4) 89-4) 90-5)
91-5) 92-2) 93-5) 94-5) 95-5) 96-5) 97-2) 98-5) 99-4) 100-3) 101-1) 102-3) 103-1) 104-2) 105-3)
106-1) 107-4) 108-1) 109-4) 110-4)
TABLE OF CONTENTS
Foreword ........................................................................................................... 3 Introduction ....................................................................................................... 4 5.1. The concept and main directions of activity of the Agency of the Republic of Kazakhstan on combating corruption ................................... 7 5.2. The system and structure of the Agency of the Republic of Kazakhstan on combating corruption ............................................................ 11 5.3. Anti-corruption service of the authorized anti-corruption body................... 29 5.4. Implementation of the UN Convention against Corruption and Enhanced Law Enforcement Capacity ...................................... 32 5.5. The international agreement of Kazakhstan with the GRECO, determining the procedure for interaction of the Agency of the Republic of Kazakhstan on combating corruption with an international organization ..................................................... 36 5.6. Istanbul Anti-Corruption Action Plan and Kazakhstan Specialized Body ............................................................................ 40 Questions for self-control, according to theoretical information of section 5 "Authorized body for the fight against corruption" ............................................................................................ 47 Section 5 "Authorized body for the fight against corruption" the structure and content ................................................. 51 Independent work ............................................................................................... 53 Practical workshops ............................................................................................ 54 Legislative acts and Literature ........................................................................... 56 Educational and methodological support map of the "Legal framework for combating corruption" course ............................... 58
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Educational and methodological support of students' independent work. Evaluation tools for the current monitoring of performance, intermediate certification based on the results of mastering the discipline............................................................ 61 Tests .................................................................................................................. 62 Test answers ...................................................................................................... 93
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Educational edition
Samaldykov Maksut Koshekovich
AUTHORIZED BODY FOR THE FIGHT AGAINST CORRUPTION Teaching manual Editor: V. Popova Typesetting: U. Moldasheva Cover design: B. Malayeva Cover design photos were used from sites www.freepik.com
IB №13794 Signed for publishing 07.09.2020. Format 60x84 1/16. Offset paper. Digital printing. Volume 6 printer's sheet. 50 copies. Order №11375. Publishing house "Qazaq University" Al-Farabi Kazakh National University KazNU, 71 Al-Farabi, 050040, Almaty Printed in the printing office of the "Qazaq University" Publishing House.
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