LAW OF THE REPUBLIC OF KAZAKHSTAN

of October 6, 2020 No. 365-VI ZRK

About modification and amendments in some legal acts of the Republic of Kazakhstan concerning anti-corruption

Article 1. Make changes and additions to the following legal acts of the Republic of Kazakhstan:

1. In the Civil code of the Republic of Kazakhstan (Special part) of July 1, 1999 (The sheet of Parliament of the Republic of Kazakhstan, 1999, No. 16-17, of Art. 642; No. 23, Art. 929; 2000, No. 3-4, of Art. 66; No. 10, Art. 244; No. 22, Art. 408; 2001, No. 23, Art. 309; No. 24, Art. 338; 2002, No. 10, Art. 102; 2003, No. 1-2, of Art. 7; No. 4, Art. 25; No. 11, Art. 56; No. 14, Art. 103; No. 15, Art. 138, 139; 2004, No. 3-4, of Art. 16; No. 5, Art. 25; No. 6, Art. 42; No. 16, Art. 91; No. 23, Art. 142; 2005, No. 21-22, of Art. 87; No. 23, Art. 104; 2006, No. 4, Art. 24, 25; No. 8, Art. 45; No. 11, Art. 55; No. 13, Art. 85; 2007, No. 3, Art. 21; No. 4, Art. 28; No. 5-6, of Art. 37; No. 8, Art. 52; No. 9, Art. 67; No. 12, Art. 88; 2009, No. 2-3, of Art. 16; No. 9-10, of Art. 48; No. 17, Art. 81; No. 19, Art. 88; No. 24, Art. 134; 2010, No. 3-4, of Art. 12; No. 5, Art. 23; No. 7, Art. 28; No. 15, Art. 71; No. 17-18, of Art. 112; 2011, No. 3, Art. 32; No. 5, Art. 43; No. 6, Art. 50, 53; No. 16, Art. 129; No. 24, Art. 196; 2012, No. 2, Art. 13, 14, 15; No. 8, Art. 64; No. 10, Art. 77; No. 12, Art. 85; No. 13, Art. 91; No. 14, Art. 92; No. 20, Art. 121; No. 21-22, of Art. 124; 2013, No. 4, Art. 21; No. 10-11, of Art. 56; No. 15, Art. 82; 2014, No. 1, Art. 9; No. 4-5, of Art. 24; No. 11, Art. 61, 69; No. 14, Art. 84; No. 19-І, 19-II, Art. 96; No. 21, Art. 122; No. 23, Art. 143; 2015, No. 7, Art. 34; No. 8, Art. 42, 45; No. 13, Art. 68; No. 15, Art. 78; No. 19-I, Art. 100; No. 19-II, Art. 102; No. 20-VII, Art. 117, 119; No. 22-І, Art. 143; No. 22-II, Art. 145; No. 22-III, Art. 149; No. 22-VI, Art. 159; No. 22-VII, Art. 161; 2016, No. 7-І, Art. 49; No. 7-II, Art. 53; No. 8-І, Art. 62; No. 12, Art. 87; No. 24, Art. 126; 2017, No. 4, Art. 7; No. 13, Art. 45; No. 21, Art. 98; 2018, No. 11, Art. 37; No. 13, Art. 41; No. 14, Art. 44; No. 15, Art. 47, 50; No. 19, Art. 62; 2019, No. 2, Art. 6; No. 7, Art. 37; No. 15-16, of Art. 67; No. 19-20, of Art. 86; No. 23, Art. 103; No. 24-І, Art. 118; 2020, No. 12, Art. 63; The law of the Republic of Kazakhstan of July 2, 2020 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning gaming", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on July 3, 2020):

state Article 509 in the following edition:

"Article 509. Donation prohibition

1. Donation, except for regular gifts which cost does not exceed the sizes of ten monthly settlement indicators established by legal acts is not allowed:

1) on behalf of the juveniles and citizens recognized as incapacitated, their legal representatives;

2) to employees of medical, educational institutions, organizations of social protection and other similar organizations by the citizens who are in them on treatment, content or education, spouses and relatives of these citizens.

2. Donation of gifts to the government employees and other persons who assumed anti-corruption restrictions according to the Law of the Republic of Kazakhstan "About anti-corruption" and also to members of their families for actions (failure to act) of the government employees and other persons who assumed anti-corruption restrictions for benefit of the donator is not allowed if such actions are included into office power of specified persons or these persons owing to official capacity can promote such actions (failure to act).".

2. In the Criminal Code of Kazakhstan of July 3, 2014 (The sheet of Parliament of the Republic of Kazakhstan, 2014, No. 13-І, 13-II, Art. 83; No. 21, Art. 122; 2015, No. 16, Art. 79; No. 21-III, Art. 137; No. 22-І, Art. 140; No. 22-III, Art. 149; No. 22-V, Art. 156; No. 22-VI, Art. 159; 2016, No. 7-II, Art. 55; No. 8-II, Art. 67; No. 12, Art. 87; No. 23, Art. 118; No. 24, Art. 126; 2017, No. 8, Art. 16; No. 9, Art. 21; No. 14, Art. 50; No. 16, Art. 56; No. 22-III, Art. 109; No. 23-III, Art. 111; No. 24, Art. 115; 2018, No. 1, Art. 2; No. 14, Art. 44; No. 15, Art. 46; No. 16, Art. 56; No. 23, Art. 88, 91; No. 24, Art. 94; 2019, No. 2, Art. 6; No. 7, Art. 36; No. 8, Art. 45; No. 15-16, of Art. 67; No. 19-20, of Art. 86; No. 23, Art. 108; No. 24-І, Art. 118; No. 24-II, Art. 120; 2020, No. 9, Art. 29; No. 10, Art. 44, 46; No. 12, Art. 63; The Law of the Republic of Kazakhstan of July 7, 2020 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning health care", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on July 8, 2020):

Table of contents to add 1) with heading of Article 412-1 of the following content:

"Article 412-1. Provocation of crime";

2) in Article 3:

in Item 19) shall be replaced with words the words "or the organization, the share of the state in which constitutes more than fifty percent," ", the state organization or the subject of the quasi-public sector";

28) to state Item in the following edition:

"28) person equated to persons authorized on accomplishment of the state functions - person elected in local government bodies; the citizen registered in the procedure established by the law of the Republic of Kazakhstan as the candidate for president of the Republic of Kazakhstan, deputies of Parliament of the Republic of Kazakhstan or maslikhats, akims of the cities of district value, settlements, villages, rural districts and also in members of elected body of local self-government; serving, constantly or temporarily working in local government body which compensation is made from means of the government budget of the Republic of Kazakhstan; person performing managerial functions in the state organization or the subject of the quasi-public sector, and also person authorized on decision making on the organization and carrying out purchases, including state, or responsible for selection and the projects implementation financed from means of the government budget and National fund of the Republic of Kazakhstan, holding position not below the head of independent structural division in the specified organizations; employees of National Bank of the Republic of Kazakhstan and its departments; employees of authorized organization in the field of the civil aviation operating according to the legislation of the Republic of Kazakhstan on use of airspace of the Republic of Kazakhstan and activities of aircraft; employees of authorized body on regulation, control and supervision of the financial market and the financial organizations;";

To add 3) with Article 412-1 of the following content:

"Article 412-1. Provocation of crime

1. Provocation of crime, that is illegal actions of the official performing the operational search activities or pre-judicial investigation which inclined person to crime execution for the purpose of the subsequent exposure and criminal prosecution or blackmail -

it is punished by imprisonment for a period of three up to five years with deprivation of the right to hold certain positions or to be engaged in certain activities for a period of up to seven years.

2. The same act integrated to violence or threat of use of violence, destruction or damage of property, or use of material or other dependence of person -

it is punished by imprisonment for a period of five up to ten years with deprivation of the right to hold certain positions or to be engaged in certain activities for a period of up to ten years.

3. The acts provided by parts one or the second this Article:

1) the entailed committing by persons of heavy or especially serious crime or approach of other heavy effects;

2) made for the benefit of criminal group, -

are punished by imprisonment for a period of ten up to twelve years with deprivation of the right to hold certain positions or to be engaged in certain activities for a period of ten years.".

3. In the Code of penal procedure of the Republic of Kazakhstan of July 4, 2014 (The sheet of Parliament of the Republic of Kazakhstan, 2014, No. 15-І, 15-II, Art. 88; No. 19-І, 19-II, Art. 96; No. 21, Art. 122; 2015, No. 20-VII, Art. 115; No. 21-III, Art. 137; No. 22-V, Art. 156; No. 22-VI, Art. 159; 2016, No. 7-II, Art. 55; No. 8-II, Art. 67; No. 12, Art. 87; No. 23, Art. 118; No. 24, Art. 126, 129; 2017, No. 1-2, of Art. 3; No. 8, Art. 16; No. 14, Art. 50, 53; No. 16, Art. 56; No. 21, Art. 98, 102; No. 24, Art. 115; 2018, No. 1, Art. 2; No. 10, Art. 32; No. 16, Art. 53, 56; No. 23, Art. 91; No. 24, Art. 93; 2019, No. 2, Art. 6; No. 7, Art. 36; No. 19-20, of Art. 86; No. 23, Art. 103; No. 24-І, Art. 118, 119; No. 24-II, Art. 120; 2020, No. 9, Art. 29; No. 10, Art. 44; No. 12, Art. 63; The Law of the Republic of Kazakhstan of July 7, 2020 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning health care", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on July 8, 2020):

in Article 187:

the offer third of part one after the words "367 (parts three and the fourth)" to add with figures ", 412-1";

the offer second of part four after figures "412" to add with figures ", 412-1".

4. In the Law of the Republic of Kazakhstan of April 16, 1997 "About the housing relations" (Sheets of Parliament of the Republic of Kazakhstan, 1997, No. 8, Art. 84; 1999, No. 13, Art. 431; No. 23, Art. 921; 2001, No. 15-16, of Art. 228; 2002, No. 6, Art. 71; 2003, No. 11, Art. 67; 2004, No. 14, Art. 82; No. 17, Art. 101; No. 23, Art. 142; 2006, No. 16, Art. 103; 2007, No. 9, Art. 67; No. 10, Art. 69; No. 15, Art. 106, 108; No. 18, Art. 143; 2009, No. 11-12, of Art. 54; No. 18, Art. 84; No. 24, Art. 122; 2010, No. 5, Art. 23; No. 10, Art. 52; 2011, No. 1, Art. 2, 3; No. 5, Art. 43; No. 6, Art. 50; No. 10, Art. 86; No. 11, Art. 102; No. 16, Art. 128, 129; 2012, No. 1, Art. 5; No. 3, Art. 21; No. 4, Art. 32; No. 5, Art. 41; No. 15, Art. 97; No. 21-22, of Art. 124; 2013, No. 9, Art. 51; No. 14, Art. 72, 75; No. 15, Art. 77; 2014, No. 1, Art. 4; No. 14, Art. 84, 86; No. 16, Art. 90; No. 19-І, 19-II, Art. 96; No. 23, Art. 143; No. 24, Art. 144; 2015, No. 1, Art. 2; No. 20-IV, Art. 113; No. 22-V, Art. 154, 158; No. 23-II, Art. 170; 2016, No. 8-І, Art. 65; No. 12, Art. 87; No. 23, Art. 118; 2017, No. 8, Art. 16; No. 11, Art. 29; No. 21, Art. 98; 2018, No. 10, Art. 32; No. 16, Art. 56; No. 24, Art. 93; 2019, No. 7, Art. 39; No. 9-10, of Art. 52; No. 21-22, of Art. 90; No. 23, Art. 103; No. 24-І, Art. 119; No. 24-II, Art. 122; 2020, No. 9, Art. 31; No. 10, Art. 39; No. 13, Art. 67):

The subitem 6) of Item 1 of Article 1 after words of "state bodies" to add 1) with words ", operational investigative divisions of authorized body on anti-corruption";

Subitems 7-1) and 44-3) of article 2 after words of "state bodies" to add 2) with words ", operational investigative divisions of authorized body on anti-corruption";

Chapter 13-1 heading after words of "state bodies" to add 3) with words ", operational investigative divisions of authorized body on anti-corruption";

4) in Article 101-1:

add heading with the words "and operational investigative divisions of authorized body on anti-corruption";

in Item 1:

part one after words "educational institutions)" to add with the words "and the staff of operational investigative divisions of authorized body on anti-corruption";

the second to add part with the words "or the employee of operational investigative division of authorized body on anti-corruption";

add with part four of the following content:

"Rules of calculation of the size, appointment, recalculation, implementation, the termination, suspension and renewal of housing employee benefits of operational investigative divisions of authorized body on anti-corruption affirm the Government of the Republic of Kazakhstan.";

part the fourth:

after words of "state bodies" to add with words "to the staff of operational investigative divisions of authorized body on anti-corruption,";

add with the words "and authorized body on anti-corruption";

in Item 2:

in part one:

after words of "state body" to add with the words "or the employee of operational investigative division of authorized body on anti-corruption";

to replace the word of "fourth" with the word "heel";

the second after words of "state body" to add part with the words "or the employee of operational investigative division of authorized body on anti-corruption";

"state body" to add Item 3 after words with the words "or authorized body on anti-corruption";

to add Item 9 after words of "state bodies" with the words "and operational investigative divisions of authorized body on anti-corruption";

5) in Article 101-3:

to add heading after words of "state bodies" with words ", operational investigative divisions of authorized body on anti-corruption";

in Item 1:

part one after words "educational institutions)" to add with words ", the staff of operational investigative divisions of authorized body on anti-corruption";

second and third after words of "state bodies" to add parts with words ", operational investigative divisions of authorized body on anti-corruption";

the fourth after words of "state body" to add part with words ", operational investigative division of authorized body on anti-corruption";

to add Item 2 after words of "state bodies" with words ", operational investigative divisions of authorized body on anti-corruption";

6) in Article 101-4:

in Item 2:

1) to state the subitem in the following edition:

"1) dismissals of the employee from special state body or the serviceman from military service, dismissal of the employee of operational investigative division from authorized body on anti-corruption or its transfer in the division of authorized body on anti-corruption which is not operational investigative;";

subitems 2) to add 3) and 4) after words of "state body" with words ", operational investigative division of authorized body on anti-corruption";

7) in Article 101-6:

1) after words "state body" to add the subitem with words ", authorized body on anti-corruption";

4) after words of "state body" to add the subitem with words ", authorized body on anti-corruption";

8) in Article 101-7:

subitems 1) and 2) after words "state body" to add with words ", authorized body on anti-corruption";

subitem 3):

after words "the employee of special state body" to add with words ", and also between authorized body on anti-corruption, the employee of operational investigative division of authorized body on anti-corruption";

after words of "the employee of special state body" to add with words ", operational investigative division of authorized body on anti-corruption";

9) in Article 101-9:

to add heading after words of "state bodies" with words ", operational investigative divisions of authorized body on anti-corruption";

the offer first of Item 1 after words of "state body" to add with words ", operational investigative division of authorized body on anti-corruption";

in Item 2:

to add part one after words of "state body" with words ", operational investigative division of authorized body on anti-corruption";

the paragraph one and the subitem 5) to add parts two after words of "state body" with words ", operational investigative division of authorized body on anti-corruption";

Heading and paragraph one of Article 101-10 after words of "state bodies" to add 10) with words ", operational investigative divisions of authorized body on anti-corruption".

5. In the Law of the Republic of Kazakhstan of December 22, 1998 "About National Archive Fund and archives" (Sheets of Parliament of the Republic of Kazakhstan, 1998, No. 24, Art. 435; 2001, No. 21-22, of Art. 286; 2003, No. 10, Art. 53; 2004, No. 23, Art. 142; 2006, No. 3, Art. 22; No. 13, Art. 86; 2007, No. 8, Art. 55; 2009, No. 11-12, of Art. 53; No. 18, Art. 84; 2010, No. 5, Art. 23; No. 10, Art. 48; No. 17-18, of Art. 111; 2011, No. 1, Art. 2; No. 5, Art. 43; No. 11, Art. 102; 2012, No. 4, Art. 32; No. 15, Art. 97; 2013, No. 14, Art. 75; 2014, No. 1, Art. 4; No. 4-5, of Art. 24; No. 16, Art. 90; No. 19-І, 19-II, Art. 96; No. 21, Art. 122; No. 23, Art. 143; 2015, No. 19-II, Art. 105; No. 20-IV, Art. 113; No. 22-II, Art. 145; No. 22-V, Art. 156; 2016, No. 7-І, Art. 50; 2017, No. 14, Art. 50; 2018, No. 9, Art. 31; No. 10, Art. 32; No. 24, St. 93):

to state Item 1 of Article 22 in the following edition:

"1. For the purpose of ensuring national security in the Ministry of Defence of the Republic of Kazakhstan, Committee of homeland security of the Republic of Kazakhstan, the Ministry of Internal Affairs of the Republic of Kazakhstan, Service of the state protection of the Republic of Kazakhstan, the Prosecutor General's Office of the Republic of Kazakhstan, anti-corruption service, service of economic investigations the special Public Records Offices can be created.".

6. In the Law of the Republic of Kazakhstan of April 29, 2010 "About prevention of offenses" (Sheets of Parliament of the Republic of Kazakhstan, 2010, No. 8, Art. 40; No. 24, Art. 149; 2012, No. 3, Art. 26; No. 5, Art. 41; 2013, No. 9, Art. 51; No. 14, Art. 75; 2014, No. 1, Art. 4; No. 3, Art. 21; No. 14, Art. 84; No. 21, Art. 122; 2015, No. 21-І, St. 125; 2017, No. 8, Art. 16; No. 11, Art. 29; No. 16, Art. 56; 2019, No. 24-II, Art. 120; The Law of the Republic of Kazakhstan of July 7, 2020 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning health care", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on July 8, 2020):

in Article 8:

the heading and paragraph one to state in the following edition:

"Article 8. Competence of authorized body on anti-corruption

Authorized body on anti-corruption:";

in the subitem 1) the word is "raised" to replace with the word "raises";

in the subitem 2) the word "interact" to replace with the word "interacts";

in the subitem 3) the word is "performed" to replace with the word "performs".

7. In the Law of the Republic of Kazakhstan of January 6, 2011 "About law-enforcement service" (Sheets of Parliament of the Republic of Kazakhstan, 2011, No. 1, Art. 4; No. 19, Art. 145; 2012, No. 3, Art. 26; No. 5, Art. 41; No. 8, Art. 64; 2013, No. 7, Art. 34, 36; No. 14, Art. 75; 2014, No. 7, Art. 37; No. 8, Art. 49; No. 14, Art. 84; No. 16, Art. 90; No. 21, Art. 122; No. 23, Art. 143; 2015, No. 20-І, Art. 111; No. 21-III, Art. 135; No. 22-II, Art. 148; No. 22-III, Art. 149; No. 22-V, Art. 154; 2016, No. 7-І, Art. 50; No. 24, Art. 123; 2017, No. 13, Art. 45; No. 14, Art. 50; No. 16, Art. 56; 2018, No. 16, Art. 56; No. 24, Art. 93; 2019, No. 21-22, of Art. 91; No. 24-II, Art. 120; 2020, No. 13, Art. 67):

"To cases of public service and" to exclude 1) in subitem 12-2) of Article 1 of the word;

2) in Article 17:

3) to add the subitem with words ", except as specified, when it is its job responsibilities according to the legislation of the Republic of Kazakhstan, and cases of acquisition and (or) realization of shares of open and interval mutual investment funds, bonds in the organized market of securities, shares of the commercial organizations (common shares in the amount which is not exceeding five percent from total quantity of voting shares of the organizations) in the organized market of securities";

9) to state the subitem in the following edition:

"9) to hold the position which is in direct subordination of the position held by his close relatives (parents (parent), children, adoptive parents (adopters) adopted (adopted), full and not full brothers and sisters, grandfathers, grandmothers, grandsons), the spouse (spouse) and (or) cousins-in-laws (full and not full brothers and sisters, parents and children of the spouse (spouse), and also to have in direct subordination of close relatives, the spouse (spouse) and (or) cousins-in-laws.".

8. In the Law of the Republic of Kazakhstan of March 1, 2011 "About state-owned property" (Sheets of Parliament of the Republic of Kazakhstan, 2011, No. 5, Art. 42; No. 15, Art. 118; No. 16, Art. 129; No. 17, Art. 136; No. 24, Art. 196; 2012, No. 2, Art. 11, 16; No. 4, Art. 30, 32; No. 5, Art. 41; No. 6, Art. 43; No. 8, Art. 64; No. 13, Art. 91; No. 14, Art. 95; No. 21-22, of Art. 124; 2013, No. 2, Art. 13; No. 8, Art. 50; No. 9, Art. 51; No. 15, Art. 82; No. 16, Art. 83; 2014, No. 1, Art. 9; No. 2, Art. 10, 12; No. 4-5, of Art. 24; No. 7, Art. 37; No. 12, Art. 82; No. 19-І, 19-II, Art. 94, 96; No. 22, Art. 131; No. 23, Art. 143; 2015, No. 8, Art. 42; No. 11, Art. 57; No. 14, Art. 72; No. 19-І, Art. 99; No. 19-II, Art. 103, 105; No. 20-IV, Art. 113; No. 20-VII, Art. 117; No. 21-І, Art. 124; No. 21-II, Art. 130; No. 21-III, Art. 135; No. 22-II, Art. 145, 148; No. 22-VI, Art. 159; No. 23-II, Art. 170, 172; 2016, No. 7-І, Art. 47; No. 7-II, Art. 56; No. 8-І, Art. 62; No. 24, Art. 124; 2017, No. 4, Art. 7; No. 9, Art. 22; No. 11, St. 29; No. 13, Art. 45; No. 14, St. 51, 54; No. 15, Art. 55; No. 20, Art. 96; No. 22-III, Art. 109; 2018, No. 1, Art. 4; No. 7-8, of Art. 22; No. 10, Art. 32; No. 11, Art. 37; No. 15, Art. 47; No. 19, Art. 62; No. 22, Art. 82; No. 23, Art. 91; 2019, No. 2, Art. 6; No. 5-6, of Art. 27; No. 7, Art. 37, 39; No. 8, Art. 45, 46; No. 15-16, of Art. 67; No. 19-20, of Art. 86; No. 21-22, of Art. 91; No. 23, Art. 103, 106, 108; No. 24-І, Art. 118, 119; 2020, No. 9, Art. 33; No. 12, Art. 61; The Law of the Republic of Kazakhstan of June 29, 2020 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning improvement of business climate", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on June 30, 2020):

Part the second Item 1 of article 27 after words "government employee" to add 1) with the words "and to the other persons assuming anti-corruption restrictions according to the Law of the Republic of Kazakhstan " about anti-corruption "";

The subitem 4) of Item 1 of Article 210 to state 2) in the following edition:

"4) transfer to authorized body on state-owned property of the gifts specified in Item 1 of article 216 of this Law, the government employees and other persons assuming anti-corruption restrictions according to the Law of the Republic of Kazakhstan "About anti-corruption" and also members of their families;";

The subitem 4) of Item 1 of Article 211 to state 3) in the following edition:

"4) the gifts specified in Item 1 of article 216 of this Law, given by the government employees and other persons assuming anti-corruption restrictions according to the Law of the Republic of Kazakhstan "About anti-corruption" and also members of their families;";

Part third of item 4 of Article 215 to state 4) in the following edition:

"Examination and storage of gifts from precious metals before their realization are performed by National Bank of the Republic of Kazakhstan.";

Article 216 to state 5) in the following edition:

"Article 216. Features of implementation of the rights to gifts

1. The gifts received by the government employees or other persons assuming anti-corruption restrictions according to the Law of the Republic of Kazakhstan "About anti-corruption" and members of their families for actions (failure to act) for benefit of the donator if such actions were included into office power of specified persons or they owing to official capacity promoted such actions (failure to act), or the gifts which arrived without the knowledge of specified persons and members of their families and also the gifts transferred (handed) by it and to members of their families during the hospitality and other official events except for of the gifts handed for achievements in work and other merits are considered as gifts to the state and also terms which are determined by the legislation of the Republic of Kazakhstan arrive in structure of state-owned property by means of their voluntary conveyance to authorized body on state-owned property according to the procedure.

2. Person which gave gift to authorized body on the state-owned property having the right to redeem with the notification of the higher official it at the cost determined according to the Law of the Republic of Kazakhstan "About estimative activities in the Republic of Kazakhstan" based on the purchase and sale agreement signed with authorized body on state-owned property.

3. The authorized body on state-owned property has the right to make realization of gift to the third parties only after written refusal of the redemption by person who handed over gift.

4. The money gained from sale of gifts is transferred into the republican budget.".

9. In the Law of the Republic of Kazakhstan of January 6, 2012 "About homeland security of the Republic of Kazakhstan" (Sheets of Parliament of the Republic of Kazakhstan, 2012, No. 1, Art. 3; No. 8, Art. 64; No. 10, Art. 77; No. 14, Art. 94; 2013, No. 14, Art. 75; 2014, No. 1, Art. 4; No. 7, Art. 37; No. 11, Art. 61; No. 14, Art. 84; No. 16, Art. 90; No. 21, Art. 118, 122; 2015, No. 20-IV, Art. 113; No. 21-II, Art. 130; No. 22-V, Art. 154, 156; No. 23-II, Art. 172; 2016, No. 7-І, Art. 50; No. 12, Art. 87; No. 24, Art. 126; 2017, No. 16, Art. 56; No. 23-V, Art. 113; 2018, No. 16, Art. 55; No. 24, Art. 93; 2019, No. 15-16, of Art. 67; 2020, No. 12, Art. 61; The law of the Republic of Kazakhstan of July 3, 2020 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning public service", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on July 6, 2020; The Law of the Republic of Kazakhstan of July 7, 2020 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning health care", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on July 8, 2020):

to add Item 1 of Article 15 with subitem 6-1) of the following content:

"6-1) authorized body on anti-corruption - the state body enabling forming and the realization of anti-corruption policy of the Republic of Kazakhstan and coordination in the field of anti-corruption and also the prevention, identification, suppression, disclosure and investigation of corruption offenses;".

10. In the Law of the Republic of Kazakhstan of February 13, 2012 "About special state bodies of the Republic of Kazakhstan" (Sheets of Parliament of the Republic of Kazakhstan, 2012, No. 4, Art. 31; 2013, No. 2, Art. 10; No. 14, Art. 72; 2014, No. 7, Art. 37; No. 8, Art. 49; No. 14, Art. 84; No. 16, Art. 90; No. 19-І, 19-II, Art. 96; 2015, No. 1, Art. 2; No. 15, Art. 78; No. 21-III, Art. 135; No. 22-II, Art. 148; No. 22-III, Art. 149; No. 22-V, Art. 154; 2016, No. 7-І, Art. 49; No. 24, Art. 126; 2017, No. 11, St. 29; No. 13, Art. 45; No. 14, Art. 50; No. 16, Art. 56; No. 21, Art. 98; 2018, No. 14, Art. 42; 2019, No. 24-І, Art. 119; 2020, No. 13, Art. 67; The law of the Republic of Kazakhstan of July 7, 2020 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning health care", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on July 8, 2020):

The subitem 4) parts one of Item 2 of Article 7 to exclude 1);

Subitems 3) and 9) to state 2) to part one of Item 1 of Article 19 in the following edition:

"3) to be engaged in business activity, to be part of governing body and whether supervisory board of the commercial organization, except as specified, when it is its job responsibilities according to the legislation of the Republic of Kazakhstan, and cases of acquisition and (or) realization of shares of open and interval mutual investment funds, bonds in the organized market of securities, shares of the commercial organizations (common shares in the amount which is not exceeding five percent from total quantity of voting shares of the organizations) in the organized market of securities;";

"9) to hold the position which is in direct subordination of the position held by his close relatives (parents (parent), children, adoptive parents (adopters) adopted (adopted), full and not full brothers and sisters, grandfathers, grandmothers, grandsons), the spouse (spouse) and (or) cousins-in-laws (full and not full brothers and sisters, parents and children of the spouse (spouse), and also to have in direct subordination of close relatives, the spouse (spouse) and (or) cousins-in-laws;";

Item 1 of Article 64 to state 3) in the following edition:

"1. Minor offense of the employee (further - offense) - illegal, guilty non-execution or improper execution by the employee of the obligations assigned to it, abuse of office, violation of office discipline, rules of office ethics, and non-compliance with the restrictions established by the laws of the Republic of Kazakhstan connected with stay on service is equal.".

11. In the Law of the Republic of Kazakhstan of February 16, 2012 "About military service and the status of the military personnel" (Sheets of Parliament of the Republic of Kazakhstan, 2012, No. 5, Art. 40; 2013, No. 1, Art. 3; No. 2, Art. 10; No. 3, Art. 15; No. 14, Art. 72; No. 16, Art. 83; 2014, No. 7, Art. 37; No. 8, Art. 49; No. 16, Art. 90; No. 19-І, 19-II, Art. 96; 2015, No. 11, Art. 56; No. 15, Art. 78; No. 19-І, Art. 100; No. 21-III, Art. 135; No. 23-II, Art. 170; 2017, No. 11, Art. 29; No. 13, Art. 45; No. 16, Art. 56; No. 21, Art. 98; 2018, No. 14, Art. 42; No. 15, Art. 47; 2019, No. 24-II, Art. 120, 122; 2020, No. 9, Art. 29, 31; No. 11, Art. 57; No. 13, Art. 67; The law of the Republic of Kazakhstan of July 7, 2020 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning health care", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on July 8, 2020):

in Article 8 part one:

3) to add the subitem with words ", except as specified, when it is its job responsibilities according to the legislation of the Republic of Kazakhstan, and cases of acquisition and (or) realization of shares of open and interval mutual investment funds, bonds in the organized market of securities, shares of the commercial organizations (common shares in the amount which is not exceeding five percent from total quantity of voting shares of the organizations) in the organized market of securities";

8) to state the subitem in the following edition:

"8) to hold the position which is in direct subordination of the position held by his close relatives (parents (parent), children, adoptive parents (adopters) adopted (adopted), full and not full brothers and sisters, grandfathers, grandmothers, grandsons), the spouse (spouse) and (or) cousins-in-laws (full and not full brothers and sisters, parents and children of the spouse (spouse), and also to have in direct subordination of close relatives, the spouse (spouse) and (or) cousins-in-laws;".

12. In the Law of the Republic of Kazakhstan of November 18, 2015 "About anti-corruption" (Sheets of Parliament of the Republic of Kazakhstan, 2015, No. 22-II, Art. 147; 2016, No. 2, Art. 9; No. 7-І, Art. 50; No. 22, Art. 116; 2017, No. 14, Art. 51; 2018, No. 24, Art. 93; 2019, No. 8, Art. 45; No. 15-16, of Art. 67; No. 21-22, of Art. 91; The Law of the Republic of Kazakhstan of July 3, 2020 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning mortgage loans in foreign currency, enhancement of regulation of subjects of the market of payment services, general declaring and recovery of economic growth", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on July 6, 2020):

1) in Article 1:

the subitem 4) after words "the quasi-public sector," to add with the words "and also person authorized on decision making on the organization and carrying out purchases, including state, or responsible for selection and the projects implementation financed from means of the government budget and National fund of the Republic of Kazakhstan, holding position not below the head of independent structural division in the specified organizations";

10) to state the subitem in the following edition:

"10) authorized body on anti-corruption - the state body enabling forming and the realization of anti-corruption policy of the Republic of Kazakhstan and coordination in the field of anti-corruption and also the prevention, identification, suppression, disclosure and investigation of corruption offenses, and its territorial subdivisions;";

2) in Article 12:

4) of Item 1 to state the subitem in the following edition:

"4) to acceptance of material remuneration, gifts or services for actions (failure to act) for benefit of persons which presented them if such actions are included into office power of persons specified in paragraph one of this Item, or these persons owing to official capacity can promote such actions (failure to act);";

in Items 3 and 4 "Item" shall be replaced with words the word "paragraph one of Item";

add with Items 5 and 6 of the following content:

"5. Members of the family of person specified in paragraph one of Item 1 of this Article, the material reward having no right to earn, gifts or the services provided for actions (failure to act) of this person for benefit of persons which provided material remuneration, gifts or services if such actions (failure to act) are included into office power of this person or it owing to the official capacity can promote such actions (failure to act).

Note. In this Law members of the family of person specified in paragraph one of Item 1 of this Article are understood as his spouse (spouse), parents, children, including full age, and the persons which are in dependence and who are constantly living with it.

6. The money which arrived into the account of persons specified in paragraph one of Item 1 of this Article and (or) members of their families without their permission and also the means received by them in defiance of the subitem 4) of Item 1 and Item 5 of this Article, no more than in two weeks after their detection are subject to transfer in the republican budget with representation of explanation in relevant organ of state revenues about circumstances of receipt of such means.

The gifts which arrived without the knowledge of persons specified in paragraph one of Item 1 of this Article, and (or) members of their families, and also received by them in defiance of the subitem 4) of Item 1 and Item 5 of this Article are subject to voluntary conveyance to authorized body on management of state-owned property within seven calendar days from the date of receipt of gift or from the date of when person specified in paragraph one of Item 1 of this Article knew of receipt of gift, and the services rendered to specified persons under the same circumstances shall be paid by money transfer in the republican budget within seven calendar days from the date of rendering service or from the date of when person specified in paragraph one of Item 1 of this Article knew of rendering service.

Person which gave gift to authorized body on management of the state-owned property having the right to redeem with the notification of the higher official it at the cost determined according to the Law of the Republic of Kazakhstan "About estimative activities in the Republic of Kazakhstan" based on the purchase and sale agreement signed with authorized body on management of state-owned property. The money gained from sale of gifts is transferred into the republican budget.";

3) in Article 14:

state Item 1 in the following edition:

"1. Persons holding the responsible state position, faces authorized on accomplishment of the state functions (except for deputies of the maslikhats performing the activities not on constant or the exempted basis), and persons equated to persons authorized on accomplishment of the state functions (except for candidates for president of the Republic of Kazakhstan, deputies of Parliament of the Republic of Kazakhstan or maslikhats, akims of the cities of district value, settlements, villages, rural districts, and also in members of elected bodies of local self-government), officials cannot hold the positions which are in direct subordination to the positions held by their close relatives, the spouse (spouse) and (or) cousins-in-laws and also to have in direct subordination of close relatives, the spouse (spouse) and (or) cousins-in-laws.";

add with Item 1-1 of the following content:

"1-1. Persons who are candidates for the state position or position connected with accomplishment of the state or equated to them functions shall notify in writing management of the organization in which for holding the post they apply, on the close relatives working in this organization, the spouse and (or) cousins-in-laws.";

state the note in the following edition:

"Note. In this Law close relatives are understood as parents (parent), children, adoptive parents (adopters), the adopted (adopted), full and not full brothers and sisters, the grandfather, the grandmother, grandsons, as cousins-in-laws - full and not full brothers and sisters, parents and children of the spouse (spouse).";

4) Article 16 to add with Item 3 following of content:

"3. In subjects of the quasi-public sector the structural divisions performing functions of anti-corruption komplayens-services which main objective is ensuring compliance by the relevant organization and its workers of the legislation of the Republic of Kazakhstan on anti-corruption are determined.

The subjects of entrepreneurship which are not subjects of the quasi-public sector having the right to create anti-corruption komplayens-services.";

Article 19 to state 5) in the following edition:

"Article 19. Staff of anti-corruption service

Staff of anti-corruption service in case of execution of service duties by them has the powers established by the Law of the Republic of Kazakhstan "About law-enforcement service" and other laws of the Republic of Kazakhstan.";

6) in Article 21:

4) of Item 1 to state the subitem in the following edition:

"4) performs other powers assigned by the laws of the Republic of Kazakhstan, and also acts of the President of the Republic of Kazakhstan.";

in Item 2:

the paragraph one to state in the following edition:

"2. The anti-corruption service within the powers has the right:";

subitems 5) to state 7) and 11) in the following edition:

"To bring 5) to the state bodies, the organizations or persons performing in them managerial functions, ideas of taking measures to elimination of the circumstances promoting making of criminal offense or elimination of other violations of the law, according to the procedure, established by the criminal procedure legislation of the Republic of Kazakhstan;";

"7) to demand production of audits, tax and other audits, audit and assessment from authorized bodies, officials and subjects of the quasi-public sector in cases, stipulated by the legislation the Republic of Kazakhstan;";

"11) to exercise other rights assigned by the laws of the Republic of Kazakhstan, and also acts of the President of the Republic of Kazakhstan.";

Items 1 and 2 of Article 24 to state 7) in the following edition:

"1. Person having information about the preparing, made or committed corruption offense, informs on it the higher head and (or) management of state body or organization which employee is, and (or) authorized state bodies.

2. The higher head, management of state body, organization, authorized state bodies shall take measures for the arrived message on corruption offense according to the laws of the Republic of Kazakhstan.";

To state item 4 of Article 25 in the following edition:

"4. Accounting, storage, assessment and further use of the handed-over property are performed according to the procedure, established by the Government of the Republic of Kazakhstan.".

13. In the Law of the Republic of Kazakhstan of November 23, 2015 "About public service of the Republic of Kazakhstan" (Sheets of Parliament of the Republic of Kazakhstan, 2015, No. 22-V, Art. 153; 2016, No. 7-І, Art. 50; No. 22, Art. 116; No. 24, Art. 123; 2017, No. 14, Art. 51; No. 16, Art. 56; 2018, No. 12, Art. 39; 2019, No. 3-4, of Art. 16; No. 7, Art. 37; No. 8, Art. 45; No. 15-16, of Art. 67; No. 21-22, of Art. 91; No. 24-І, Art. 119; 2020, No. 13, Art. 67; The Law of the Republic of Kazakhstan of July 3, 2020 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning public service", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on July 6, 2020):

1) in the subitem 2) of part one of Article 9 of the word "managements of state body in which it works, and (or) to law enforcement agencies about the reliable cases of corruption offenses which became to it known" shall be replaced with words "the higher head and (or) management of state body in which it works, and (or) authorized state bodies about the cases which became to it known of the preparing, made or committed corruption offenses";

The subitem 13) to state 2) to part one of Article 10 in the following edition:

"13) without delay to inform the higher head and (or) management of state body in which they work, and (or) authorized state bodies about the cases which became to them known of the preparing, made or committed corruption offenses;";

Item 7 of Article 13 to state 3) in the following edition:

"7. The government employee cannot hold the state position which is in direct subordination of the position held by his close relatives (parents (parent), children, adoptive parents (adopters) adopted (adopted), full and not full brothers and sisters, grandfathers, grandmothers, grandsons), the spouse (spouse) and (or) cousins-in-laws (full and not full brothers and sisters, parents and children of the spouse (spouse), and also to have in direct subordination of close relatives, the spouse (spouse) and (or) cousins-in-laws.";

4) in Article 50:

second and third the subitem 17) of Item 1 to state parts in the following edition:

"The gifts which arrived without the knowledge of the government employee, and also received by him in connection with execution of the corresponding functions in defiance of paragraph one of this subitem are subject to voluntary conveyance to authorized body on management of state-owned property within seven calendar days from the date of receipt of gift or from the date of when the government employee knew of the arrived gift, and the services rendered to the government employee under the same circumstances shall be paid with it by money transfer in the republican budget within seven calendar days from the date of rendering service or from the date of when the government employee knew of rendering service.

The government employee to whom the gifts had the right to redeem with the notification of the higher official them at the cost determined according to the Law of the Republic of Kazakhstan "About estimative activities in the Republic of Kazakhstan" based on the purchase and sale agreement signed with authorized body on management of state-owned property arrived. The money gained from sale of gifts is transferred into the republican budget;";

state Item 2 in the following edition:

"2. Members of the family of the government employee have no right to accept gifts and services, invitations in tourist, medical and improving and other trips at the expense of physical persons and legal entities both foreign, and the Republic of Kazakhstan with which the specified person is connected on service. The government employee shall donate illegally his families received by members gifts to authorized body on management of state-owned property within seven calendar days from the date of when he knew of receipt of gift and to compensate the cost of services which members of his family illegally used, by money transfer in the republican budget within seven calendar days from the date of when the government employee knew of rendering service.";

Part one of Item 3 of Article 52 to state 5) in the following edition:

"3. If the government employee has information on the preparing, made or committed corruption offense, he shall take necessary measures for prevention and the termination of such offense, including without delay in writing to inform the higher head and (or) management of state body in which it works, and (or) authorized state bodies. The government employee also shall inform without delay in writing specified persons and bodies on cases of inducement by his other persons to making of corruption offenses.".

Article 2. This Law becomes effective after ten calendar days after day of its first official publication.

 

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