Kazakhstan is partially compliant with this recommendation.
Recommendation 24
Review and further specify provisions of the Law on the Fight against Corruption related to the
receipt of gifts, improve the control of implementation of these provisions.
Pursuant to Article 13 covering “Corruption Offences Involving Unlawful Receipt of Benefits and
Advantages” of the Law on the Fight against Corruption, it is prohibited for a public official to receive
benefits and advantages or accept any remuneration in the form of money, services and in any other forms
from entities or from physical persons for performance of their public duties or similar functions, or
accepting gifts or services in connection with performance of the public duties, or similar functions, from
subordinates, except for accepting little small gifts or souvenirs as a token of attention or appreciation.
Article 13 goes on to cover inappropriate travel, extralegal advantage in commercial ventures and benefits
funnelled to family members of the public official.
On 21 July 2007, the “Law on the Changing and Additions to Some Acts of the Republic of
Kazakhstan” amended Articles 12 and 13 to provide additional restrictions on the receipt of gifts by
subordinates. These amendments are compatible with corresponding provisions on gifts in the Criminal
Code.
No information was provided about the system to control the implementation of the above provisions.
Further efforts are needed to ensure that the legal provisions on gifts are fully implemented.
Kazakhstan is fully compliant with this recommendation.
Recommendation 25
Harmonise the provisions of the Administrative Code with the Law on the Fight against
Corruption.
This recommendation is not applicable: it was not clear, from the review, where the inconsistencies
were identified.
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