Iskakova Z.A. the student 4
courses of department of international law
the research
supervisor Dosymbekova
M. S. Cand.Jur.Sci.,
the associate professor of International
law
KazNU named by al-Farabi
International legal bases fight against corruption
The convention of the UN against corruption was adopted at
conference of the UN on December 11, 2003 in the city of Merida (Mexico).
In the Convention of the UN
against corruption it is noted that for the prevention and counteraction of
corruption each State Party according to the osnovopolagakyushchy principles of
the legal system, develops and carries out or carries out the effective and
coordinated policy of counteraction of corruption promoting participation of
society and reflecting the principles of a law and order, appropriate
management of public affairs and public property, honesty and integrity,
transparency and responsibility.
The State Parties are obliged
to consider possibilities of rendering each other assistance in investigation
and production on the civil and administrative matters connected with
corruption.
On December 14, 2004 the
Republic of Kazakhstan is included in the Istanbul plan of action on fight
against corruption.
According to the Istanbul plan
of action on fight against corruption on October 20-21, 2005 in the city of
Paris (France) the meeting of consultative group where information on
legislative and legal and institutional base concerning fight against
corruption in Kazakhstan and the Russian Federation was provided took place.
Now the Republic of Kazakhstan
continues work on accession to the following international conventions:
- "About criminal
liability for corruption" (Strasbourg, on January 27, 1999),
- "About washing,
identification, withdrawal, confiscation of the income got in the criminal
way" (Strasbourg, on November 8, 1990),
- Conventions of the United
Nations against corruption (on October 31, 2003).
For implementation of the
international agreements and the international cooperation in fight against
corruption on May 4, 2008 the Republic of Kazakhstan ratified the Convention of
the United Nations against corruption, 12 agreements with the governments of
Romania, Poland, Estonia, Croatia, Georgia, Slovakia, Latvia, China, Turkey,
the United Arab Emirates, Egypt and France concerning corruption counteraction
are signed.
So, the Law of the Republic of
Kazakhstan "Is adopted on July 2, 1998 about fight against
corruption" and on July 23, 1999 the Law RK "About Public
Service", and also the Decree of the President of the Republic of
Kazakhstan of May 3, 2005 No. 1567 "About the Code of honor of public
servants of the Republic of Kazakhstan" which became effective means of
fight against corruption and defined the status, the rights and duties of
public servants, requirements to their moral shape and business qualities. On
July 16, 2013 changes and additions are made to the Law of the Republic of
Kazakhstan "About public service" by which the norms forbidding
revenues to gosudarstvenkny service of the persons who committed corruption
crimes are provided the institute of rotation political state the
sluzhakshchikh is introduced that at the level of direct rendering the state
services to the population and the organizations serves as an effective
instrumenkt of the prevention of corruption.
In particular, acceptance
became significant stages in fight against corruption:
The law of the Republic of
Kazakhstan of July 21, 2007 "About modification and additions in some acts
of the Republic of Kazakhstan concerning improvement of fight against
corruption" by which confiscation of the property got in the criminal way
and transferred condemned to the possession of other persons is entered;
The law of the Republic of
Kazakhstan of December 7, 2009 "About modification and additions in some
acts of the Republic of Kazakhstan concerning further strengthening of fight
against corruption" directed on:
strengthening of
responsibility of officials for commission of corruption crimes and offenses by
increase in penalties and introduction of confiscation of property; assignment
on heads of government bodies, state organizations and organizations from
shares of the state participation a direct obligation for counteraction of
corruption with establishment for it personal responsibility; establishment of
measures for stimulation of anti-corruption behavior of citizens.
In the Republic of Kazakhstan
also industry Program for counteraction of corruption for 2011-2015 is accepted
(further - the Program).
The program is directed on realization:
- Strategy "Kazakhstan -
2050": a new political policy of the taken place state,
- The law of the Republic of
Kazakhstan of July 2, 1998 "About fight against corruption"
Together with the positive
results reached during implementation of the industry Program of fight against
corruption for 2011-2015 the following unresolved problems take place.
First, existence of legal gaps
and a significant amount of residual norms in acts allows government bodies to
adopt departmental acts, predostavlyayukshchy unreasonably large powers to
certain officials.
It is necessary to carry the
Land code of the Republic of Kazakhstan, laws of the Republic of Kazakhstan to
the acts demanding prime introduction of additions and changes "About
fight against corruption", "About government procurements",
"About licensing" and other regulations regulating delivery of
permissions.
Secondly, further
simplification of administrative procedures is necessary, first of all tax and
customs rules for decrease in corruption they have to be simple, clear and
well-known. Requirements imposed to information and documentation need to be
minimized.
Improvement of administrative
procedures has to lead to restriction of personal contacts of officials and
clients, and also reduction of the established forms of the reporting and
sanctions.
Thirdly, insufficient
efficiency in management of human resources takes place. The analysis of
jurisprudence administrative corruption the right of violations shows that the
bulk of the guilty is presented by public servants of local links. Level of
their salary and social vulnerability create economic prerequisites of
corruption.
It assumes introduction of a
package of measures, allowing to establish high professional requirements to
working in public sector, and also introduction of system of compensation and
prodvikzheniye on the service founded on an objective and impartial assessment
of business qualities and professionalism of the public servant.
Fourthly, there is no
monitoring of the reasons of emergence of corruption in government bodies. Need
of tracking of factors and mechanisms of corruption, an assessment of its level
and structure, the analysis of efficiency of anti-corruption actions demand its
introduction.
Such assessment will form a
basis for the introduced systems of internal control in the central government
and local executive bodies for prevention of corruption manifestations.
Fifthly, practice of the last
years shows lack of necessary level of activity and knowledge of civil society
in questions of anti-corruption policy of the state. In this regard creation of
mechanisms of participation of institutes of civil society in implementation of
this Program is required. Not, introduction of public and effective procedures
of informing the public on the course of fight against corruption is less
important.
Sixthly, the level of the
international cooperation in fight against corruption is insufficient. In this
regard expansion of forms of the international cooperation of law enforcement
agencies and activization of work on accession of the Republic of Kazakhstan to
fundamental international conventions in the sphere of fight against corruption
and counteraction of legalization of the money received in the illegal way are
necessary.
Expansion and enhancing
international cooperation of Kazakhstan in the sphere of fight against
corruption provides:
conclusion of international
treaties on corruption counteraction;
wide use of the Internet for
informing the international public on activities of government bodies of the
Republic of Kazakhstan for corruption counteraction;
organization of specialized
joint studying of the international experience of fight against corruption by
law enforcement officers, prosecutors, judges and other officials;
adjustment of the international
information exchange about the subjects of business and businessmen involved in
corruption crimes;
the conclusion of agreements
about mutual the right howl the help with ugolovkny affairs, delivery of
persons and asset recovery, and also about rendering assistance in training of
law enforcement officers in methods of anti-corruption activity;
carrying out the work directed
on accession to antikorkruptsionny international conventions and their
ratification.
Thus, international legal
bases of fight against corruption in our Republic extend.