The
Stages of development of anti-corruption legislation of the Republic of
Kazakhstan
Corruption is now a nationwide problem, it is
trying to solve many of the nations of the world, and particularly close
attention to confront it paid in developed countries (USA, Germany, France,
Japan, etc.). The concept of "corruption" and "crimes of corruption"
are among the most pressing issues facing the independent Kazakhstan, which
does not descend from the first pages of the media, constantly signaling about
all the new facts of bribery by officials of the state apparatus. For example,
a national document setting out the legal development of the Republic of
Kazakhstan, namely the Concept of Legal Policy of the Republic of Kazakhstan
dated 20 September 2002 stated: "requires constant attention the problem
of increasing the effectiveness of legal mechanisms to combat corruption
offenses" [1. 5].
Continuing work in this direction, the Concept
of Legal Policy of the Republic of Kazakhstan dated 28 August 2009 for the
period from 2010 to 2020 provides for the criminalization of certain offenses,
as well as the introduction of corporate criminal liability for certain
categories of crimes of corruption. In addition, prior financial police tasked
with opposition economic and corruption offenses, to identify and address the
causes and conditions conducive to the emergence of corruption [2, 2].
Corruption has become a major threat to national
security in Kazakhstan, a factor contributing to inhibition of economic
development, preservation and further development of the pronounced social
differentiation of the population of our young republic.
Due to expansion in the early years of
independence, Kazakhstan Institute of Public Service in the native market has
developed phenomenon over profitable short-term investments, and socially useful
institution of good business continues ousted from the market through bribery,
which makes a similar business in the "unpromising business ".
Native company, headed by President N.A.
Nazarbayev is tired of demoralizing the basis state corruption, and national
consciousness is ready for serious anti-corruption reforms, which will affect
all spheres of public life.
If we evaluate the current level of corruption
in the world, then we can talk about conventional grading of all countries into
two broad groups - those countries that have successfully addressed this
problem, and those for which corruption is insoluble difficulties. So, quite
clean and free from corruption, countries that are in the top twenty rated
corruption who formed at the state level anti-corruption strategy, found in
Finland, Denmark, New Zealand, Iceland, Singapore, Sweden, Canada, Netherlands,
Luxembourg, Norway, Australia, Switzerland, United Kingdom, Hong Kong, Austria,
Israel, USA, Chile, Ireland, Germany and Japan.
Turning to the specifications of the anti-corruption
activities in these countries, we note that the phenomenon of corruption is
recognized by their governments as a serious national security problem
(considered as external and internal threats). Thus, and efforts to minimize
and further neutralization of corruption in these countries, large and tend to
have institutional hues. Existing
in these countries, democratic regimes, while not guaranteed freedom from
corruption, but represent great opportunities to counteract it. For example, the main feature of democracy is
legitimate competition of parties, which can expose the corruption of the
ruling elite. Also of great importance in such countries on freedom of speech
allows the press as the fourth branch of government to control the activities
of public officials. And the most popular today throughout the
democratic world is becoming a phenomenon of civil society as an institution is
able to enhance the effectiveness of independent commissions
against corruption. Such enhancement for several
decades successfully in Hong Kong, Singapore, Malaysia and Taiwan in the
countries referred to as the world's "New Asian tigers."
Accordingly, the idea of the formation and
improvement of the national (Kazakhstan), anti-corruption policy strategy,
taking into account the positive foreign experience in this area can serve as a
starting point for developing a national real existing mechanism to combat
corruption.
If we talk about contemporary trends in anti-corruption policy of the
Republic of Kazakhstan, they are represented today by a number of directions,
which will be discussed below.
Firstly, since gaining its independence the Republic of
Kazakhstan began rapidly to form own legal framework for combating corruption.
On this occasion in his Address to the people
President of Kazakhstan Nursultan Nazarbayev says "Strategy of
Kazakhstan's joining the 50 most competitive countries in the world. Kazakhstan
on the threshold of a new leap forward in its development "from March 1,
2006 stated:" We are constantly working to combat corruption and improve
the situation ... "[3, 7].
The starting point of reference in combating
corruption is considered to be the adoption of the first in this area of the
Law of July 2, 1998 "On Combating Corruption" (with subsequent
amendments). In
this normative legal act, namely in Section 1, Art. 2 of the Act were first given an expanded definition of corruption.
Beneath it is not proposed to understand the statutory adoption directly or
indirectly, property benefits, and benefits of persons who perform public
functions and persons equated to them, using their official powers and related
opportunities or otherwise use their powers to obtain property benefits, as
well as bribery of such persons by the wrongful provision of legal entities and
individuals referred to the benefits and advantages. Specified the
concept of corruption is a collective and is associated mostly with the concept
of "corruption crimes."
The
next step in creating a unified legal framework for operation
of the system formed by the anti-corruption policies were adopted on the basis
of the aforementioned Law Decree of the President of the Republic of Kazakhstan
dated December 7, 1998 ¹ 4157 and from January 5, 2001 ¹ 534 Government
anti-corruption program in stages in 1999-2000 and 2001-2005.
With the adoption of these systemic instruments
in the Republic of Kazakhstan the fight against corruption begins to be given
the status of national policy and all incorporated in their activities
especially the institutional and legal plan have a system-wide and
comprehensive. Considered policy documents include measures aimed at further
improving the efficiency of identifying and eliminating conditions that give
rise to corruption, especially in the economic sphere. And to ensure the effectiveness of anti-corruption
policy Kazakh President N. Nazarbayev signed
several decrees on corruption, including the President of the Republic of
Kazakhstan dated April 20, 2000 ¹ 377 "On measures to improve the fight
against crime and corruption." So, in this decree stated that the
anti-corruption activity has become systemic in nature, has become a major
focus of law enforcement, etc.
In a crucial period in the fight against corruption,
when opposition to it was conducted not only in words but in deeds, the head of
state was adopted by Presidential Decree ¹ 1550 of 14 April 2005 "On
measures to strengthen the fight against corruption, strengthening discipline
and order in the activity government
bodies and officials". This legal act provides specific and meaningful
anti-corruption measures a number of which have already been realized.
For example, since 2005 throughout the country
were set up disciplinary councils Agency of the Republic of Kazakhstan for
Civil Service in the areas of the cities of Astana and Almaty, which replaced
the disciplinary councils, formed by the regions, cities of Astana and Almaty.
The
history of the creation of specialized anti-corruption
bodies has its origins in 1997 when it was first established by the Supreme
Disciplinary Council of the Republic of Kazakhstan, as well as disciplinary
councils in the field (regions and cities of the republic). The next step is to
improve the organization of such bodies was to transform them to the State
Commission of the Republic of Kazakhstan to combat corruption. In 2000, the
work of the State Commission against Corruption has been suspended, and the
former subordinate to her disciplinary councils were transferred to the
jurisdiction of the Agency for Civil Service Affairs of Kazakhstan. Subsequent
major event on the organization of work of specialized enforcements to combat
corruption was the establishment of the Commission under the President of RK on
struggle against corruption and respect for professional ethics of civil
servants who have received the status of a consultative body.
In addition to the aforementioned specialized
agencies, directing efforts at combating corruption in the state, on the
initiative of President Nursultan Nazarbayev of Kazakhstan in accordance with
the Decree of the President of the Republic of Kazakhstan "On measures to
further improve the system of government of the Republic of Kazakhstan of 23
December 2003 created a separate law enforcement body, called today by the Agency of the Republic of
Kazakhstan for Fighting Economic and Corruption Crimes (Financial Police) /
further Agency. Current Agency was established on the basis of pre-existing
services of the Agency of Financial Police of the Republic of Kazakhstan to the
transfer of his functions and powers to identify and investigate economic
crimes and corruption from the Ministry of Internal Affairs of the Republic of
Kazakhstan.
Decision to reform the government because of its importance for the
Republic of Kazakhstan, a full economic security and combating corruption, was
reflected in the President of Kazakhstan Nursultan Nazarbayev to the people of
Kazakhstan on February 18, 2005 "Kazakhstan on the path of accelerated
economic, social and political modernization" act of political will be
issued in the Decree of the President of the Republic of Kazakhstan "On
reorganization of the Agency of the Republic of Kazakhstan for Fighting
Economic and Corruption Crimes (Financial Police)" by converting it to a
government agency, directly responsible and accountable to the President of the
Republic of Kazakhstan.
Agency of the Republic of Kazakhstan for Fighting Economic and
Corruption Crimes (Financial Police) in 2008 found 10,881 crime, which is 5,8%
more than the same period in 2007 (10, 288). Slight growth increase associated
with a departure from the practice of criminal cases for minor crimes to the
identification of significant corruption and economic crimes. In connection
with which the number of identified serious crimes increased by 58,2% (from
1893 to 2995). Increased the number of reported corruption cases from 1330 to
1413, their share in the general registered by all law enforcement agencies of
crimes in this category amounted to 77,7%.
In general, for corruption crimes court transferred 528 persons,
including police officers, the Interior Ministry - 41, Government executive - 35, Committee on Judicial
Administration - 17, the tax service – 15, Emergencies - 12, Justice -10,
Judges - 8, the customs authorities - 8, KNB, KNB FS - 1 , employees of other
state agencies - 378. About these results we can all see and hear in the media
and television.
The third pillar in the realization of the national
anti-corruption policy was the work undertaken by the State to prevent
corruption in the sphere of public service. Thus, since the adoption of
preventive law of RK dated July 23, 1999 "On State Service" (with
subsequent amendments), in the Republic of Kazakhstan was developed and implemented
a specific grid job qualifications in accordance with accepted standards in the
state duties of officers in each category State officials and the qualification
requirements imposed upon them. These measures to improve the activities of the
institute of public service in Kazakhstan, aimed primarily at raising the
prestige of public service and not making assumptions on the work of
"random" people, particularly those with certain criminal records
related to policies form a complete system of selection and placement, which
correspond to the methods of construction Public Service of the leading
countries of the world.
This is primarily an exam in the form of testing and interviews in depending on the proposed vacant positions, as well as passing the competitive
selection process, which are mandatory steps to fill the administrative state
positions (except for political office).
In addition, within the framework of this direction the fight against
corruption Agency of the Republic of Kazakhstan for Civil Service in
conjunction with other governmental authorities in Kazakhstan have been
prepared a number of legal documents:
- Typical provision for certification of law enforcement authorities of the
Republic of Kazakhstan dated July 8, 2005;
- Code of honor of public servants of the Republic of Kazakhstan (Rules
of ethics of civil servants) on May 3, 2005.
The fourth direction of anti-corruption policy, which attaches particular
importance to the Head of Government, is the Presidential Decree of April 22,
2009 ¹ 79 "On additional measures to strengthen the fight against crime
and corruption and further improve law enforcement in the Republic of
Kazakhstan".
In the past year, significant in the fight against corruption was the
adoption of two laws on how to improve the fight against corruption and the
ratification of the UN Convention against Corruption.
The Head of the Government of the Republic of Kazakhstan entrusted
to the established law, provide for measures to promote anti-corruption
behavior of citizens, including mechanisms for promoting citizen action aimed
at assisting in the suppression and disclosure of corruption offenses.
In addition, instructed to determine the list of positions with a high
risk of corruption offenses, with the establishment of special, higher
requirements for admission and of service in these positions, including
commitments on the possibility of applying for persons holding these positions,
mechanisms for special checks for compliance with anticorruption laws.
May 8, 2009, Prime Minister of the Republic of
Kazakhstan approved an Action Plan for 2009-2010 to implement the State Program
against Corruption for 2006-2010.
Through a clear sequence, coherent anti-corruption policy of the Head of
the State in society create an atmosphere of intolerance towards corrupt
officials, and create conditions in order to maintain "relentless fight
against corruption, regardless of the person and office."
In conclusion, it should be noted that the list
covered in the article the modern trends of anti-corruption policy of the
Republic of Kazakhstan is not exhaustive and is open to new research.
We can also confidently say that today the
modern Kazakhstan has its own strategy for anti-corruption policy, which,
taking into account the specifics of national identity and to study the
positive experience of leading in the field of foreign countries in the world
can contribute to the subsequent sale of public ideas on fighting corruption.
References:
1. The Concept of Legal Policy of the Republic of Kazakhstan dated 20
September 2002. //Kazakhstanskaya Pravda 2002. October 2. ¹ 40 (463);
2. The Concept of Legal Policy of the Republic of Kazakhstan for the period
from 2010 to 2020. // Kazakhstanskaya Pravda 2009. August 24. ¹ 283;
3. Message from the President of Kazakhstan Nursultan Nazarbayev
"Strategy of Kazakhstan's joining the 50 most competitive countries in the
world. Kazakhstan on the threshold of a new leap forward in its development
"from March 1, 2006. // Vechernyaya Astana. 2006. March 2. ¹ 31-32.
4. Law of the Republic of Kazakhstan dated July 2, 1998 ¹ 267 "On
Combating Corruption".
5. President of the Republic of Kazakhstan dated December 7, 1998 ¹ 4157.
6. President of the Republic of Kazakhstan dated January 5, 2001 ¹ 534.
7. Government anti-corruption program in stages in 1999-2000 and 2001-2005.
8. President of the Republic of Kazakhstan dated April 20, 2000 ¹ 377
"On measures to improve the fight against crime and corruption."
9. Presidential Decree ¹ 1550 of 14 April 2005 "On measures to
strengthen the fight against corruption, strengthening discipline and order in
the activities of governmental enforcements and officials."
10. President of the Republic of Kazakhstan "On measures to further
improve the system of government of the Republic of Kazakhstan of 23 December
2003.
11. Message from the President of Kazakhstan Nursultan Nazarbayev to the
people of Kazakhstan on February 18, 2005 "Kazakhstan on the path of
accelerated economic, social and political modernization"
12. Decree of the President of the Republic of Kazakhstan "On
reorganization of the Agency of the Republic of Kazakhstan for Fighting
Economic and Corruption Crimes (Financial Police)"
13. Law of RK as of July 23, 1999 "On Government Service"
14. Code of honor of public servants of the Republic of Kazakhstan (Rules
of ethics of civil servants) on May 3, 2005.
15. Presidential Decree of April 22, 2009 ¹ 79 "On additional measures
to strengthen the fight against crime and corruption and further improve law
enforcement in the Republic of Kazakhstan"
16. The UN Convention against the corruption.