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Sectoral Program of Anti-Corruption in the Republic of Kazakhstan for 2011 - 2015 years

Sectoral Program of
Anti-Corruption in the Republic of Kazakhstan
for 2011 - 2015 years

Approved with
Government Resolution of
the Republic of Kazakhstan
on March 31, 2011
number 308
 

 
Sectoral Program of
Anti-Corruption in the Republic of Kazakhstan
for 2011 - 2015 years

 
1. passport

 

 

Name 

Sectoral program to combat corruption in the Republic of Kazakhstan to 2011 - 2015 (hereinafter - the Program)

 

 

Reason for
development

Decree of the President of the Republic of Kazakhstan on June, 18 2009 "On the system of state planning in the Republic of Kazakhstan";
Decree of the President of the Republic of Kazakhstan on February 1, 2010 № 922 "On the Strategic Development Plan of the Republic of Kazakhstan till 2020"

 

 

The public authority responsible for the development and implementation of the Program

Agency of the Republic of Kazakhstan for Fighting Economic and Corruption Crimes (Financial Police) (hereinafter - the Agency)

 

 

Target

Improving the effectiveness of anti-corruption

 

 

Tasks

Enhanced international cooperation and improvement of national legislation on combating corruption;
Improving the performance of government agencies to reduce the risk of corruption;
Enhancing anticorruption outlook;
Reduction of the shadow economy.

 

The measures, developed on the basis of these objectives, will allow to use existing strengths to minimize the weaknesses and threats, as reflected in the analysis

 

 

Terms of the implementation

The Programme will be implemented in the period from 2011 to 2015

 

 

Target indicators

By 2015, Kazakhstan will take no less than 90 out of 180 countries in the ranking of "Transparency International" Corruption Perception Index

 

 

Source and funding

The implementation of the program demands the allocation of funds totaling 355,699 thousand tenge:
the sum from the state budget - 355699 thousand tenge, including:
2011 - 26166.5 thousand tenge;
2012 - 27363.5 thousand tenge;
2013 - 243,944.5 million tenge;
2014 - 29112.5 thousand tenge;
2015 - 29112.5 thousand tenge.
The expenditure is preliminary and will be refined by the Republican Budget Commission in the formation of the draft national budget for the financial year.
The implementation of activities financed from local budgets, is planned within the allocated funds.

 

2. Introduction

 

Corruption is a systemic threat to the security of Kazakhstan, threatening the stability of the state and society, and prevents the ongoing economic and social reforms, creating a negative image of the Republic of Kazakhstan in the international arena.

Corruption has a negative impact on the national economy, it brings disadvantage to honest entrepreneurs (local or foreign), undermining competition in the domestic and foreign markets. According to estimates of the Association of Independent Experts on Corruption, it increases the cost of goods and services in Kazakhstan by 50%, from which the entire population of the country is suffering.

Corruption distorts the economic and financial environment of business, reduces the efficiency of government and business incentives for investment, holding back economic and political development, gives rise to social inequalities, as well as making a certain amount of instability in the political process.
For example, in the early 80-ies of the last century, corruption, combined with inept management of the economy has led to the insolvency of such an oil-rich country like Venezuela. Corruption is both rich and poor countries with democratic and non-democratic institutions. It is well known that corruption has played a key role in the changes of the government of Japan, in the reorganization of the political system in Italy, the collapse of government, law and order in Zair. 

Thus, the impact of corruption on modern society is beyond the economic framework. Penetrating into the various sectors of the economy and society, corruption continues to have a destructive impact on the sustainable socio-economic development of the country and, therefore, remains a serious threat to the national security.
Thus, in the period 2005 - 2010 years 10929 corruption facts were found in the Republic of Kazakhstan.
At the same time, the trend of annual growth of this indicator is seen. In 2005 the numbers of such crimes were 1505, that for the year of 2010 it has been increased to 27%.
In this regard, the country faces the challenge of continuing the active anti-corruption policy in order to ensure long-term competitiveness of the country.
 

In order to develop an integrated set of measures aimed at combating corruption, which will be implemented by both public authorities and civil society, this program was developed.
The program is aimed at achieving the main goals of the Strategic Development Plan of the Republic of Kazakhstan till 2020, approved by the Decree of the President of the Republic of Kazakhstan on February 1, 2010 number 922.

Corruption is a negative phenomenon of modern society, requiring constant scrutiny, systematic approach, integrated and operational countermeasures.
The level and extent of corruption existing in the country is holding back economic development, having a negative impact on the investment climate, reducing the image of the country, the international interest in cooperation with the Republic of Kazakhstan. In this context, the fight against corruption is a major priority of the state policy of Kazakhstan.
The analysis made in the period of 1998 - 2010 years of legislation, the State anti-corruption programs shows that they laid a serious anti-corruption potential and implemented a number of measures to ensure the legislative anti-corruption.
Over the past 12 years the Republic of Kazakhstan formed a definite legislative framework to combat corruption. Thus, the legal and regulatory framework in the field of anti-corruption laws improved 17 that brought national legislation to existing international standards.
The administrative barriers were reduced; a 3-fold reduction in the number of licensed activities and permits was made.

The active government support for the development of civil society in the form of the development and adoption of appropriate regulations, benefits and social placement of state orders among non-governmental organizations has led to increased activity of the population in anti-corruption activities. The positive impact on the fight against corruption has a revitalization of the anti-corruption in non-governmental organizations and political parties, including the People's Democratic Party "Nur Otan", which fruitfully participate in lawmaking.
In order to implement international agreements and international cooperation in the fight against corruption, on May 4, 2008 the Republic of Kazakhstan ratified the United Nations Convention against Corruption, signed 12 agreements on anti-corruption with the governments of Romania, Poland, Estonia, Croatia, Georgia, Slovakia, Latvia, China, Turkey, United Arab Emirates, Egypt and France.
The Law of the Republic of Kazakhstan "On amendments and additions to some legislative acts of the Republic of Kazakhstan on issues of further strengthening the fight against corruption" aimed at:
strengthening the accountability of officials for corruption crimes and offenses by increasing penalties and imposing confiscation of property;
laying on the heads of the state bodies, public organizations and with government ownership immediate duty to fight corruption with the establishment of personal responsibility;
establishment of anti-corruption measures to stimulate the behavior of citizens, including mechanisms to promote citizen action aimed at helping to combat and disclosure of corruption offenses;
to develop measures against "the corporate corruption".

 

A systematic and comprehensive approach to improve the legal framework for combating corruption is reflected in improved evaluation of the country by the international community through combating corruption. According to the rating Corruption Perceptions Index "Transparency International" Kazakhstan in 2010 won 105 out of 178 countries, whereas in 2009 it was on 120th  position, in 2008 - 145.
In recent years, the revitalization of the law enforcement contributed to the component of the improved quality of detected corruption. More and more senior representatives of public authorities are liable corrupt officials.
However, despite the measures taken by the law enforcement agencies to fight corruption, they do not provide meaningful results.
In particular, the tax authorities approved the anti-corruption strategy in the tax authorities of the Republic of Kazakhstan, the list of areas of corruption in tax relations and measures to address them of corruption, the Code of Ethics employee tax authorities, the Charter of the taxpayer.
Pursuant to the Action Plan of the State Anti-Corruption Program for 2006 - 2010 years in all areas, and the cities of Astana and Almaty the regional anti-corruption programs and action plans for their implementation were adopted. Information on the implementation of the adopted programs was considered at meetings of the Presidential Commission on the fight against corruption.
A positive role in combating corruption renders the introduction of the "Electronic Government" allowing you to create a full-fledged "reverse" relationship with the population of the state by means of Internet resources.

 

To improve the system of governance the clear standards of public services were introduced, which will improve the openness and transparency of government institutions, increase the efficiency of decision-making.
The Supreme Court as part of anti-corruption cooperation with international and non-governmental organizations such as the Centre of the Organization for Security and Cooperation in Europe in Astana, the United States Agency for International Development (USAID), the German Technical Cooperation (GTC), United Nations Development Programme United Nations Development Programme (UNDP), the Office of the High Commissioner for Refugees (UNHCR), the Public Funds "Charter for Human Rights," "Transparency Kazakhstan" and the other, implements joint projects to ensure access to justice, transparency in the judicial process.
The problem of combating crime and corruption each year is covered in the President's Address to people of Kazakhstan. Thus, in the Epistles "New Decade - New Economic Growth - New Opportunities of Kazakhstan" and "Building the Future Together" identifies the main priorities in the field of improving the efficiency of the law enforcement system by optimizing it, shifting the focus of the defense of citizens' rights and interests of the state, as well as providing uncompromising fight against corruption.

The accumulated experience in combating corruption is good potential to increase the effectiveness of anti-corruption measures.
The Republic of Kazakhstan has significant potential for an effective anti-corruption policy has strengths and weaknesses, opportunities and threats, which according to the analysis include:

 

 

Strong sides

Weak sides

1. The presence of the legal framework to combat corruption
2. Fabrications anti-corruption action
3. Available capacity of public authorities in the field of information infrastructure
4. Anti-corruption is a priority of the state policy

1. The widespread corruption in all spheres
2. The lack of legal awareness of the population
3. Lack of openness activities of state and local executive bodies
4. The mentality of the people and civil servants

Opportunities

Threats

1. High standard of living
2. Improvement of existing legislation to international standards
3. Improving the investment climate
4. Improved performance of Kazakhstan in the international rankings assess of the level of corruption
5. Strengthening of cooperation between state institutions and civil society

1. The increase in the "shadow economy"
2. Reduction of investment attractiveness
3. The rising cost of public projects, due to the "corrupt" component
4. Reduction of cost-effectiveness
5. Decline in living standards and rising social tensions
6. Loss of support from the civil society

 

The analysis of the current state regulation policy against corruption shows that at present, in the Republic of Kazakhstan the functioning legal and institutional framework for combating corruption, which is represented by the following acts, formed as:
The Criminal Code of the Republic of Kazakhstan on July 16, 1997;
The Criminal Procedure Code of the Republic of Kazakhstan on December 13, 1997;
Penal Code of the Republic of Kazakhstan on December 13, 1997;
Code of the Republic of Kazakhstan on Administrative Offences on January 30, 2001;
Labor Code of the Republic of Kazakhstan on May 15, 2007;
The Law of the Republic of Kazakhstan from September 15, 1994 "On operative-investigative activity";
The Law of the Republic of Kazakhstan on April 17, 1995 "On state registration of legal entities and registration of branches and representative offices";
The Law of the Republic of Kazakhstan on June 19, 1995 "On the Legal Status of Aliens";
The Law of the Republic of Kazakhstan on July 15, 1996 "On the administrative supervision of the persons released from prison";
The Law of the Republic of Kazakhstan on April 16, 1997 "On Housing Relations";
The Law of the Republic of Kazakhstan from July 2, 1998 "On Combating Corruption";

The Law of the Republic of Kazakhstan on March 15, 1999 "On State Secrets";
The Law of the Republic of Kazakhstan on July 23, 1999 "On Public Service";
The Law of the Republic of Kazakhstan on October 19, 2000 "On the security activity";
The Law of the Republic of Kazakhstan dated from July 11, 2002 "On the social, medical and educational support for children with disabilities";
The Law of the Republic of Kazakhstan on April 13, 2005 "On Social Protection of Disabled Persons in the Republic of Kazakhstan";
The Law of the Republic of Kazakhstan on May 4, 2008 "On the ratification of the United Nations Convention against Corruption";
The Law of the Republic of Kazakhstan on January 6, 2011 "On the law enforcement service";
The Law of the Republic of Kazakhstan on January 6, 2011 "On State Control and Supervision of the Republic of Kazakhstan";
Decree of the President of the Republic of Kazakhstan on April 20, 2000 № 377 "On measures to improve the fight against crime and corruption";
Decree of the President of the Republic of Kazakhstan on April 2, 2002 № 839 "On Education Commission under the President of the Republic of Kazakhstan on the fight against corruption";

Decree of the President of the Republic of Kazakhstan on April 14, 2005 number 1550 "On measures to strengthen the fight against corruption, strengthening discipline and order in the activities of government agencies and officials";
Decree of the President of the Republic of Kazakhstan on August 24, 2009 № 858 "On the Concept of Legal Policy of the Republic of Kazakhstan for the period from 2010 to 2020."
At the same time, the existing anti-corruption legal system is lagging behind in a number of areas on the requirements and standards of international law, which threatens to reduce the effectiveness of anti-corruption programs and requires additional regulatory work.
Further improvements of existing legislation with regard to fighting corruption are demanded. In particular, the ongoing analysis of the crime situation in order to identify areas of corruption, as well as gaps in the law that set the stage for corruption, with further removal.
It is also necessary to ensure full compliance with the national legislation in the field of international anti-corruption standards.

 

The key issues, trends and assumptions to reduce corruption.
Despite some improvement in the level of assessment of the country's Corruption Perception Index ranking of "Transparency International", Kazakhstan occupies 105th place and demonstrates the need for further anti-corruption measures set by the state and society.
In this context, the successful implementation requires the allocation of the key factors which should also include a high level of shadow economy.
To date, despite the measures taken by the public authorities, the share of the shadow economy, which is one of the major sources of systemic corruption, is still significant.
According to research by foreign experts in the developed world, the underground economy is 10-15% of the gross domestic product (GDP) in countries with economies in transition, 23-28%, and in developing countries - 40-45%.
But all countries, being the leaders in the Index of perception of corruption "Transparency International" have the smallest size of the shadow economy. Accordingly, the countries with a high level of shadow economy are more corrupted.
It strengthens the informal sector malpractice, corruption is becoming more widespread.

There are significant issues and legal developments related to the implementation of international law, adherence to international anti-corruption treaties and agreements, the integration of law enforcement agencies in the authoritative international anti-corruption organization regulating the sphere of fighting corruption.
The Republic of Kazakhstan has not yet acceded to the Criminal Law Convention on Corruption (on January 27, 1999, the city of Strasbourg) and the Civil Law Convention on Corruption "(on November 4, 1999, the city of Strasbourg).
The Conventions oblige member states to provide in their national legislation and establish such acts as the active and passive bribery of a wide range of own and foreign government officials. The Parties undertake to adopt legislative and other measures, giving every reason to confiscate or otherwise deprive the instrumentalities and proceeds of criminal offenses against them.
Thus, the need to accede to these Conventions and other international treaties in this field for further urgent and consistent adjustment of the Kazakhstan legislation is required. The qualifications of all forms of corruption as criminal offenses in accordance with international standards have a positive effect on the assessment of international action to combat corruption in Kazakhstan.

 

International cooperation is necessary to intensify cooperation with the relevant agencies abroad to implement anti-corruption programs and to introduce the practice of combating corruption positive foreign experience, considering most national experience in combating corruption.
In the expanding international relations, the problem of corruption is not solvable in a given country and requires adequate and coordinated measures to counter both in the framework of existing international organizations, as well as newly created.

The overview of positive foreign experience to solve the existing problems of anti-corruption.
The study of anti-corruption policies of countries with the lowest level of corruption shows that the basic fundamentals of their arrangements are the transparency of public bodies and the certainty of punishment, organized by the control of civil society over the work of state bodies, the high salaries of civil servants, effective preventive and proactive work.

Thus, the city of Seoul (South Korea) since 1999 developed the Program «OPEN», an online system of control over the consideration of applications from citizens of the city administration officials.
A free access to information about the status of the case dismissed the need for personal contacts with officials or offered them the bribes in order to expedite the completion of the process of decision making.
In the least corrupt countries the strict control over the quality and timing of public services is provided. For example, in the European Union, the citizens spend 40 minutes on the design of various documents in Singapore the time is 15-20 minutes.

 

In this regard, the particular attention should be paid to the work of Citizen Service Centers (hereinafter - CSC), which is providing services related to the issuance of documents without direct contact between the performers and the citizens of documents, reduces the conditions for committing corruption.
The transition to information and communication technologies and the provision of services to the public via the Internet radically simplifies and facilitates the relationship between business and government and weakens the bureaucratic barriers that reduce the opportunities for corruption.
Each public agency shall develop and implement a complex system of measures for the prevention and eradication of corruption on the principle of "one window" that will lead to big savings in time and money, reduce the level of corruption, transparency and monitoring on the part of citizens in solving their problems, reduce administrative barriers.
It should be noted that the special significance of the least corrupt countries, given the scientific and sociological studies on the causes of the sources of corruption, with the further adoption of comprehensive measures prevents the occurrence of data sources.

 

Every year the research is allocated the substantial funds. At the same time, these studies were carried out by competent authorities involved in combating corruption.
Opinion polls and studies on corruption were held in Kazakhstan and independent institutions commissioned by the state authorities.
The study of positive foreign experience has shown that in the most corrupt countries of the two options of pay systems of public service (career and positional) the  inherent positional system is more flexible. If the career system uniform salaries are set by the legislator, the positional is based on the capabilities dedicated to the government agency budgets, to a greater extent determined by the agencies .For example in Sweden today, 90% of state employees have individual salaries.
Noteworthy experience of the Netherlands, which is very effectively at fighting the corruption thanks to the domestic security service in every public body, which accounts for 60% of the detection of corruption offenses in the country. It should be noted that, in some cases, the heads of state agencies use the services of private investigators in this field.

 

 

4. The aim, objectives, indicators and performance indicators of the Program
 

 

The aim of the program is improving the effectiveness of anti-corruption
Target indicator:
By 2015, Kazakhstan will take no less than 90 out of 180 countries in the ranking of "Transparency International" Corruption Perception Index.
To achieve this aim the following objectives  are required:
1. Enhanced international cooperation and improvement of national legislation on combating corruption;
2. Improving the performance of government agencies to reduce the risk of corruption;
3. Enhancing anticorruption outlook;
4. Reduction of the shadow economy.

 

 

Indicators of progress in the implementation of the Program:
At the end of the first objective the following will be achieved:
- In 2016 the Criminal Law Convention on Corruption and Civil Law Convention on Corruption will be ratified, the main provisions of which will be implemented in the national legislation;
- In 2015 Kazakhstan will join the Group of States against Corruption (GSAC).
As a result of the implementation of the second objective will be achieved as follows:
- The transaction costs associated with the registration and administration of the business (obtaining permits, licenses, certificates, accreditations, help), including the time and cost will be reduced in 2015 by 30% compared to 2011;
- The share of licenses issued in electronic form by the total number of licenses issued, will be: 2011 - 7%, in 2012 - 20%, in 2013 - 50%, in 2014 - 70%, in 2015 - 100% ;
- The proportion of central and local government with an "effective action" to provide public services to increase in 2011 by 30%, in 2012 - by 35%, in 2013 - by 40%, in 2014 - by 45% in 2015 - 50%;
- The degree of satisfaction of individuals and businesses the quality and accessibility of public services in 2011 will be 52%, in 2012 - 54%, in 2013 - 56%, in 2014 - 58%, in 2015 - 60%;
- By 2015, the translation will be provided at least 50% of socially important public services in electronic form: in 2011 - 10%, in 2012 - 20%, in 2013 - 30%, in 2014 - 40%, in 2015 - 50%.

 

As a result of the implementation of the third objective will be achieved by the following:
- The proportion of people satisfied with the anti-corruption policy of the state in 2015, is not less than 60%;
- The level of legal awareness of the population in 2011 will amount to 20%, in 2012 - 21%, in 2013 - 22%, in 2014 23%, in 2015 - 24%.
As a result of the implementation of the fourth objective will be accomplished as follows:
- By 2013, the level of the shadow economy of the gross domestic product will be no more than 19.4% in 2015 - 19.3%.
The main contractor for the implementation of the Program is the Agency, the Supreme Court the General Prosecutor's Office, the Ministry of Internal Affairs, Justice, Finance, Economic Development and Trade, foreign affairs, communications and information, and other government agencies accomplice,.

 

                                       5. Stages of the Program
 
Implementation of the program is developed for the five-year period from 2011 to 2015 and involves the implementation of measures in a single step.
The measures to implement the program.
1. Enhanced international cooperation and improvement of national legislation on combating corruption.
To reach this aim, the following measures are held.
During 2011 – 2015 on the basis of the analysis of the crime situation in the country, as well as the current legislation will be developed and adopted amendments to the Criminal Code of the Republic of Kazakhstan, the Law of the Republic of Kazakhstan "On Combating Corruption" and other legislative acts of their improvement.          

 

In 2011 there will be held an international anti-corruption conference, inviting experts in the field from at least 25 countries of near and far abroad.
By the year of 2014 the implementation of the recommendations of the Istanbul Action Plan of the Organization for Economic Cooperation and Development will be provided.
In 2015, the measures will be taken on accession to the accepted international conventions in the field of anti-corruption, the amount of which shall be not less than 5 units, as well as the entry into membership in the prestigious international organizations, in particular the Group of States against Corruption (GSAC).
In addition, the measures taken in the field of socio-economic development and combating corruption will be permanently covered in the foreign media.
2. Improving the performance of government agencies to reduce the risk of corruption.

To reach this aim, the following measures are required:
Public authorities, both at central and regional levels would reduce transaction costs associated with registering and doing business. This work will be coordinated by the Ministry of Economic Development and Trade of the Republic of Kazakhstan.
Before 2013, we will analyze the powers of state bodies exercising control, permitting and monitoring functions, as well as the existing instruments governing them, for the presence of the conditions for corruption.
By the year 2014:
based on an analysis of state-owned enterprises of their functions will be transferred to the competitive environment;
a register of permits will be a part of a list of all permits (procedures).
By 2015:
a system of reporting and assessment of law enforcement will be improved;
a system will be taken to avoid contact of the natural and legal persons with public authorities in the provision of public services by shifting parts in an electronic format, as well as issuing licenses electronically.

 

3. Raising of anti-corruption world population.
In the implementation of this task the following measures will be taken:
the campaigns on the theme of anti-corruption will be held in conjunction with the political parties and non-governmental organizations;
a focal point for the common policy in the field of scientific and sociological studies and sociological studies conducted to determine the level of perception of corruption, as well as the most problematic areas are prone to corruption;
in order to form anticorruption promotional and advocacy materials that contain information about the state's policies on anti-corruption will be developed and distributed;
the institution of public censure, involving collective examination of corruption in government with the lighting of the results in the media will be introduced;
the speeches of government officials will be held, including leaders in the media, as well as studies conducted in educational institutions;
memorandums will be signed with additional non-governmental organizations, to increase the level of interaction between the state and society on anti-corruption.

 

4. Reducing the level of the shadow economy.
To implement this task, the government bodies will be taken to:
stimulate release of natural and legal persons of the shadow economy by improving accounting make operations in the industries in which the predominant cash flow;
provide gradual transition to the universal declaration of incomes of the population;
develop techniques for the monitoring and analysis of the financial schemes of "shadow"

take financial services to launder money through the professional participants of the securities market and instant payments;
reduce cash flow while simultaneously taking measures to increase non-cash transactions;
provide reduction of illegal schemes in the import-export operations of foreign economic activity.
The shadow economy is a major source of corruption and its significant level of activity in this direction should be carried out on an ongoing basis.

6. Necessary Resources
 
The Program will be implemented within the funds provided by the republican and local budgets for the relevant financial years.
In addition, direct foreign and domestic investment, grants from international financial and economic organizations or donor countries, and others, are not prohibited by the legislation of the Republic of Kazakhstan can be used as the source of funding.
On the implementation of the program for the allocation of funds totaling 355,699 thousand tenge is demanded:
from the state budget - 355699 thousand tenge, including:
2011 - 26166.5 thousand tenge;
2012 - 27363.5 thousand tenge;
2013 - 243,944.5 million tenge;
2014 - 29112.5 thousand tenge;
2015 - 29112.5 thousand tenge.
Expenditure are preliminary and will be refined by  Republican Budget Commission in the formation of the draft national budget for the financial year.
The implementation of activities financed from local budgets is planned within the allocated funds.