LAW OF THE REPUBLIC OF KAZAKHSTAN

of January 3, 2023 No. 188-VII ZRK

About modification and amendments in some legal acts of the Republic of Kazakhstan concerning anti-corruption and safety of persons which are subject to the state protection

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

1. In the Criminal Code of Kazakhstan of July 3, 2014:

1) in Article 3:

16) after the word of "Parliament" to add Item with words of Republic of Kazakhstan;

27) and 29) to state Items in the following edition:

"27) person authorized on accomplishment of the state functions - person which is in public service, the deputy of maslikhat, person who is temporarily fulfilling the duties provided by the state position before appointment it on public service, and also the person who is temporarily appointed to military position of the contract serviceman of officers or who is temporarily fulfilling its duties;";

"29) corruption crimes - the acts provided by Articles 189 (Item 2) parts three, part four in case of availability of signs, stipulated in Item 2) parts three), 190 (Item 2) parts three, part four in case of availability of signs, stipulated in Item 2) parts three), 218 (Item 1) parts three), 234 (Item 1) parts three), 249 (Item 2) parts three), 361, 362 (Item 3) parts four), 364, 365, 366, 367, 368, 369, 370, 450, 451 (Item 2) parts two) and 452 of this Code;";

2) in Article 189:

to state paragraph two of part three in the following edition:

"are punished by restriction of freedom for a period of two up to seven years or imprisonment for the same term, with confiscation of property, with deprivation of the right to hold certain positions or to be engaged in certain activities for a period of up to six years or without that, and in cases, stipulated in Item 2), - penalty from stolen property, tenfold to the twentyfold size, or imprisonment for a period of two up to seven years, with confiscation of property, with lifelong deprivation of the right to hold certain positions or to be engaged in certain activities.";

to state paragraph two of part four in the following edition:

"are punished by imprisonment for a period of seven up to twelve years with confiscation of property, with deprivation of the right to hold certain positions or to be engaged in certain activities for a period of up to ten years or without that, and in cases, stipulated in Item 2) parts three of this Article, - with lifelong deprivation of the right to hold certain positions or to be engaged in certain activities.";

3) in Article 190:

to state paragraph two of part three in the following edition:

"it is punished by restriction of freedom for a period of three up to seven years or imprisonment for the same term, with confiscation of property, with deprivation of the right to hold certain positions or to be engaged in certain activities for a period of up to six years or without that, and in cases, stipulated in Item 2), - penalty from stolen property, tenfold to the twentyfold size, or imprisonment for a period of three up to seven years, with confiscation of property, with lifelong deprivation of the right to hold certain positions or to be engaged in certain activities.";

to state paragraph two of part four in the following edition:

"are punished by imprisonment for a period of five up to ten years with confiscation of property, with deprivation of the right to hold certain positions or to be engaged in certain activities for a period of up to ten years or without that, and in cases, stipulated in Item 2) parts three of this Article, - with lifelong deprivation of the right to hold certain positions or to be engaged in certain activities.";

In paragraph one of part three of Article 297 of the word "part one" shall be replaced with words 4) "parts one or the second";

5) in the paragraph the second part three of Article 345-1 of the word "restriction of freedom for a period of up to seven years or imprisonment for the same term," shall be replaced with words "imprisonment for a period of up to seven years";

Paragraph one of article 347 after figures "345," to add 6) with the words "345-1 and";

7) in the paragraph the second Article 372:

shall be replaced with words words of "two thousand" "three thousand";

to replace the word of "six hundred" with the word of "nine hundred";

8) the paragraph one of Article 423 to state in the following edition:

"Disclosure of data of pre-judicial production or the closed legal proceedings by person warned in the procedure established by the law of the Republic of Kazakhstan on inadmissibility of their disclosure or person to whom they were entrusted or became known on service, work or on other bases provided by the law of the Republic of Kazakhstan if disclosure of data of pre-judicial production is made without the consent of the prosecutor, and also data of the closed legal proceedings without the consent of the judge -";

9) in Article 424:

state heading in the following edition:

"Article 424. Disclosure of data on the security measures applied concerning persons which are subject to the state protection, and information on rendering assistance in anti-corruption";

in part one:

the paragraph one to state in the following edition:

"1. Disclosure of data on the security measures applied concerning persons which are subject to the state protection if this act is commited by person to which the specified data were entrusted or became known in connection with its office activities and is equal disclosure of information on the address of person to the higher head and (or) management of state body or organization which employee it is (was), and (or) in authorized state bodies for the purpose of the message on the fact of corruption offense or provision of information on the location of the searched person who made corruption offense or rendering other assistance important (having afterwards) for identification, suppression, disclosure and investigation of corruption offense if this act is commited by person with which is signed the non-disclosure agreement of the specified information, -";

in the paragraph the second the word is "punished" to be replaced with the word "are punished".

2. In the Code of penal procedure of the Republic of Kazakhstan of July 4, 2014:

The word "(corruption)" to exclude 1) in Article 35 part nine;

The word "direction" to replace 2) in Article 96 part four with the word "delivery";

3) in Article 97:

3) to state Item to part one in the following edition:

"3) issues the decree on ensuring his personal security;";

parts the fourth, 4-1 and sixth to state in the following edition:

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