37
Pursuant to the Administrative Code of Kazakhstan Article 536 prohibits
knowingly giving false
information as o a corruption offence. Such an offence is punishable by a fine in the amount from one
hundred to two hundred monthly calculation indices or an administrative
arrest for up to thirty days.
Article 536 states the offence as follows in its entirety: “The communication
to a body involved in the
struggle against corruption of knowingly false information as to an offence of corruption.”
The recommendation calls for review of the provision with the intent of
refining the code to better
define the elements of the offence. There is no evidence of such a review taking place or being envisaged.
The Forum of Entrepreneurs expressed concern over the potential
for this Article to be abused;
however, it is reported that no cases have been brought under Article 536 in the past two years.
Given that no cases have arisen, it is also unclear to what extent Article 536 is consistent with Article
17 of the “Law on the Fight against Corruption providing for the Liability of Persons who Communicated
Knowingly False Information as to the Fact of a Corruption Offence”, which provides for the punishment
of public servants “by application
of disciplinary sanctions, including by dismissal.”
Kazakhstan is not compliant with this recommendation.
Recommendation 27
Introduce in the rules and procedures a common procedure for the natural and legal persons
Do'stlaringiz bilan baham: