Kazakhstan is largely compliant with this recommendation.
Recommendation 15
Recognising that the responsibility of legal persons for corruption offences is an international
standard included in all international legal instruments on corruption, Kazakhstan should, with the
assistance of organisations that have experience in implementing the liability of legal persons (such as
the OECD, the Council of Europe, and the United Nations), consider how to introduce into its legal
system efficient and effective liability of legal persons for corruption.
The criminal legislation does not envisage the criminal responsibility of legal entities, including for
corruption offences. The Code on Administrative Offences (Art. 534) has a provision, which states that
“giving of illegal material benefits, gifts or services by legal persons to public officials, in case these
actions do not contain the elements of a criminal offence, is punished by fine, and if repeated within a year,
is punished by seizing the activity of the legal person”. However, the Code of Administrative Offences
does not address the liability of legal persons for the corruption offences.
The Kazakh authorities provided materials showing that efforts were made to launch the necessary
legislative processes for introducing this form of liability. However, the draft of the relevant law initiated
by the Ministry of Justice was rejected during the preliminary hearings in the Committees of the
Parliament.
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Kazakhstan is partially compliant with this recommendation.
Recommendation 16
Review the provisions of the Criminal Procedure Code to ensure that the procedure to identify,
trace, seize and confiscate proceeds and instrumentalities of corruption offences are efficient and
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