I. O'S ORDER. ATTORNEY-GENERAL OF THE REPUBLIC OF KAZAKHSTAN

of February 20, 2015 No. 36

About approval of the Instruction for accounting of persons brought to disciplinary responsibility for making of corruption offenses

For the purpose of enhancement and development of the state legal statistical system, and also statistical providing the Laws of the Republic of Kazakhstan of July 2, 1998 "About fight against corruption" and of July 23, 1999 "About public service", being guided by subitem 4-1) of article 11 of the Law of the Republic of Kazakhstan "About Prosecutor's office", I ORDER:

1. Approve the Instruction for accounting of persons brought to disciplinary responsibility for making of corruption offenses according to appendix 1 to this order.

2. To provide to the interested subjects of legal statistics and special accounting proper execution of this order.

3. Recognize invalid orders of the Attorney-General of the Republic of Kazakhstan according to appendix 2 to this order.

4. To committee on legal statistics and special accounting of the Prosecutor General's Office of the Republic of Kazakhstan (further - Committee):

1) to provide state registration of this order in the Ministry of Justice of the Republic of Kazakhstan and its official publication;

2) to send this order to the interested subjects of legal statistics and special accounting, and also territorial authorities of Committee for execution.

5. To impose control of execution of this order on the Chairman of Committee.

6. This order becomes effective from the date of its first official publication.

Appendix 1

to the Order of the deputy. The Attorney-General of the Republic of Kazakhstan of February 20, 2015 No. 36

The instruction for accounting of persons brought to disciplinary responsibility for making of corruption offenses

1. General provisions

1. This Instruction establishes accounting of persons brought to disciplinary responsibility for making of the corruption offenses and offenses creating conditions for corruption (further - accounting of persons who made corruption offenses).

2. Accounting of persons who made corruption offenses is performed by Committee on legal statistics and special accounting of the Prosecutor General's Office of the Republic of Kazakhstan (further - Committee) by maintaining databank for the purpose of statistical providing the Laws of the Republic of Kazakhstan of July 2, 1998 "About fight against corruption" (further - the Law) and of July 23, 1999 "About public service", the analysis of condition of fight against corruption offenses.

3. The subjects of legal statistics and special accounting providing execution of requirements of the Law and application of the disciplinary actions provided in it within the powers timely submit information and accounting documents to the territorial administrations of Committee (further - territorial administrations) exercising control of observance of requirements of this Instruction.

4. Persons authorized on the accomplishments of the state functions, and also the faces equated to them, which made the corruption offenses and offenses creating conditions for corruption are subject to accounting.

5. Deputies of maslikhats, all government employees according to the legislation of the Republic of Kazakhstan on public service treat persons authorized on accomplishment of the state functions.

6. Persons, the elected to the local government bodies, citizens registered in the procedure established by the law as candidates for president of the Republic of Kazakhstan, deputies of Parliament of the Republic of Kazakhstan and maslikhats, and also in the members of elected bodies of local self-government who are serving, constantly or temporarily working in local government bodies which compensation is made from means of the government budget of the Republic of Kazakhstan, persons performing managerial functions in the state organizations and the organizations in which authorized capital the share of the state constitutes more than fifty percent, including in national managing holdings, national holdings, the national companies, national institutes of development which shareholder is the state, their affiliated organizations are equated to persons authorized on accomplishment of the state functions which more than fifty percent of voting shares (shares) belong to them, and also legal entities whose more than fifty percent of voting shares (shares) belong to the specified affiliated organizations, employees of National Bank of the Republic of Kazakhstan and its departments.

2. Maintaining cards of primary accounting

7. The basis for registration of persons who made corruption offenses is the fact of making of the corruption offense and offense creating conditions for corruption and availability of the decision of authorized body on attraction them to disciplinary responsibility according to the provisions of the law by them.

8. The state body (official) who revealed corruption offense by results of consideration of the case (material) exposes the accounting card of persons brought to disciplinary responsibility for making of corruption offenses, forms No. 1-K (further - card), according to appendix 1 to this Instruction in duplicate, with the annex of the copy of the order (decision) on imposing of authority punishment.

At the same time:

1) the state body (official) who revealed offense and the representative on consideration of the case (material) within 3 working days from the moment of receipt of the message on consideration of the case (material) about corruption offense exposes card in the relevant territorial administration;

2) state body (official) who revealed offense, but not the representative for consideration, case (material) goes to body (official), competent to impose authority punishment.

The message on consideration of the case (material) about attraction to disciplinary responsibility for making of corruption offenses in form according to appendix 2 to this Instruction with the annex of the copy of the order (decision) on imposing of authority punishment and the identity document, body (official) who considered case within 3 working days from the date of decision making goes to body (official) who revealed offense.

Based on this information the body (official) which revealed corruption offense within 3 working days after receipt of the message exposes card in the relevant territorial administration.

Note: example of the consolidation in one state body which revealed offense and authorized on consideration of the case (material) is the akim of area in relation to the akim of the region of the same area.

Example of distinction of powers of the body which revealed offense and not authorized to consider case (material) about this act: the prosecutor who revealed the corruption offense made by the employee of law-enforcement bodies directs case (material) about it to the authorized head of law-enforcement body who reports to the prosecutor about results of consideration of the case (material).

9. State bodies and officials whose activities of podnadzorn to the military or transport prosecutor, the card goes in military or territorial transport managements respectively.

10. In details of card the following information is filled in:

1) the name of the body which revealed offense;

2) the name of state body at the initiative of which the offense is revealed;

3) departmental accessory of person who made offense;

4) the name of the body which considered case (material);

5) qualification of offense according to the provisions of the law;

6) short plot of committed offense;

7) number of the order (decision) and date of pronouncement of the order (decision);

8) the applied disciplinary measures;

9-10) adjusting these persons, made offense;

11-13) place of employment and position of person who made offense.

11. The card is subject to signing by person who revealed corruption offense which in details 13, 14 specifies surname, position and date of filling of card.

Details 16, 17 are filled with the employee of territorial administration who according to data of single register of persons who made corruption offenses (further - the magazine) in form according to appendix 3 to this Instruction specifies registration number and date of its registration, the surname and signs card.

12. Details of card are filled with printing letters, blue or black dye, without erasures and corrections. The surname, name and middle name of person which is subject to accounting are brought from capital letter. The place of its work and position, and also the name of body (official) who revealed offense, and also considered case (material) are brought without reducings.

13. After filling the card is the official information accounting document.

14. Territorial administrations of card are registered in the magazine. One copy of card after check of correctness of filling and completeness of details no later than 3 working days after registration and input in the database goes to Committee, the second is subject to processing and storage in territorial administration.

15. The cards containing the incomplete or false information completed with violation of requirements of this Instruction or on forms of unspecified sample are not registered and are subject to return for adjustment to the body which exposed them within 24 hours, after receipt.

The modified cards, within 3 working days from the date of receipt, are subject to the direction in territorial administration for registration.

16. The information about persons who made corruption offenses is subject to storage within 3 years from the moment of collection imposing, except for the information about persons concerning which authority punishment in the form of dismissal is imposed.

Information about persons dismissed for making of corruption offenses is stored constantly.

17. In case of change or cancellation of the decision on involvement of person to disciplinary responsibility the state body (official) within 3 working days informs on it the body which revealed corruption offense. The body which revealed corruption offense without delay directs two copies of the message on change (cancellation) of the decision on involvement of person to disciplinary responsibility for making of the corruption offense brought to disciplinary responsibility in form according to appendix 4 to this Instruction in territorial administration which one copy of the document is represented in Committee. The message is the basis for adjustment introduction.

Note: the message on cancellation of the decision on involvement of person to disciplinary responsibility is exposed in case of recognition of person by court which was not making corruption offense, or the offense creating conditions for corruption.

18. For the purpose of ensuring completeness of accounting and control of timeliness of provision of cards, subjects of legal statistics and special accounting quarterly, to the 10th following the accounting period carry out reconciliations with the relevant territorial administration.

The schedule, samples and forms of acts of reconciliations are determined by territorial administration.

3. Maintaining magazine

19. The magazine is kept by territorial administrations and is the document of the strict reporting, its pages are numbered, stitched, sealed with zaveritelny text: "In the magazine it is numbered and strung together _____ sheets. The signature, date, disaggregation of the signature of the responsible person for maintaining the magazine".

Control of correctness of maintaining the magazine is imposed on heads of territorial administrations. The magazine is subject to permanent storage.

In column 1 of the magazine number of material one after another, in column 2 - the name of the body which revealed corruption offense in column 3 - the name of the body which considered case (material) in column 4 - date of exposure of card, position, surname and the signature of person which exposed card is specified.

Column 5-7 contain the description of offense, the information about persons who made corruption offenses and qualification of act.

Results and date of consideration of the case (material) are reflected in the graph - 8. In the graph - 9 data on change or cancellation of the decision are reflected.

4. Bases of the appeal to accounting

20. All persons provided by Items 2, 3 articles 3 of the Law, and also persons applying for revenues to public service and in case of transfer of the administrative government employee into other state position are subject to check on accounting.

Blank forms, procedure for their filling and the direction for check on accounting, and also completion dates are identical the established Rules of maintaining and use of separate types of special accounting approved by the order of the Attorney-General of the Republic of Kazakhstan of July 10, 2014 No. 71 (it is registered in the Register of state registration of regulatory legal acts for No. 9638).

21. The staff of territorial administrations within 5 working days checks the information about the citizens who changed adjusting data which arrived from law-enforcement bodies on accounting of the persons who made corruption offenses, brought to disciplinary responsibility.

In the presence of data concerning the citizens who changed biographical particulars in the database the mark "has other biographical particulars" is made and the relevant data are specified.

Appendix 1

to the Instruction for accounting of persons brought to disciplinary responsibility for making of corruption offenses

form

The accounting card of persons brought to disciplinary responsibility for making of corruption offenses

(forms No. 1-K)

(it is constituted by the body which revealed corruption offense, responsibility for which is provided by the Law of the Republic of Kazakhstan "About fight against corruption", by results of consideration of material (protocol),

1. ____________________________________________________________________________________________

                                               (the name of the body which revealed offense)

2. including at the initiative of state body

______________________________________________________________________________________________

                                     (name of state body)

3. It is made: deputy, judge, akim;

staff of bodies: Ministry of Internal Affairs, National guard of the Ministry of Internal Affairs, KUIS Ministry of Internal Affairs, KChS Ministry of Internal Affairs, KNB, PS KNB, prosecutor's office, service of economic investigations of KGD MF; Ministries of Defence, services of the state protection of Kazakhstan, service of foreign intelligence Syrbar;

employees of the ministries: foreign affairs, national economy, on investments and development, science and education, health care and social development, agricultural industry, finance, power, culture and sport, justice.

Employees of Committees and departments: Ministries for Culture and Sports:

Committee on cases of religions, Committee on cases of sport and physical culture; ministries of national economy: Committee according to the statistics, Committee on regulation of natural monopolies and protection of the competition, Committee on consumer protection, Committee on cases of construction, housing and communal services and management of land resources; Ministries for Investments and Development:

Committee of communication, informatization and information, Space committee; Committee of transport; Ministries of Agriculture:

Committee of forestry and fauna; energy ministries:

Committee of atomic and energy supervision and control; Ministries of Health: Committee of work, social protection and migration;

Ministries of Justice: department on execution of court resolutions;

Calculating committee on control of execution of the republican budget;

employees of the agencies: for public service and to anti-corruption;

employees of National Bank, employees of akimats and their structural divisions, employees of other government institutions.

______________________________________________________________________________________________

                                                              (name of departments)

4. The name of the body which considered material (protocol) on corruption offense:

______________________________________________________________________________________________

                                        (the name of the body which considered offense)

5. Qualification of offense on the provisions of the law of RK "About Fight Against Corruption"

article ____________ Item _________ subitem _______

6. Plot of violation of ZRK _______________________________________________________________________

______________________________________________________________________________________________

______________________________________________________________________________________________

7. Material (protocol) is considered in essence:

The order (decision) No. __________ from "____" __________________ 20 __.

8. The disciplinary measures are applied: dismissal from position (1), demotion (2), the warning of incomplete office compliance (3)

 

9. The information about person subjected to responsibility for corruption offense
SURNAME	NAME	MIDDLE NAME (in case of its availability)

 

10. Birth date "____" __________________ 19 ____.

10.1 Birthplace ___________________________________________________________________________

11. Residence address (registration)

______________________________________________________________________________________________

12. Place работы_______________________________________________________________________________

13. Position _________________________________________________________________________________

14. Position, surname, the signature of person which filled card

______________________________________________________________________________________________

15. Date of filling "____" _________________ 20 ____.

16. Registration date in territorial administration "__" ____ 20 __.

No. of material (protocol) according to the single magazine ____________________

17. Employee of territorial administration

______________________________________________________________________________________________

                                                    (position, surname, signature)

 

Note: the card is the official statistical document; persons which signed it bear responsibility for introduction of obviously false data in established by the legislation term.

Appendix 2

to the Instruction for accounting of persons brought to disciplinary responsibility for making of corruption offenses

Form

_____________________________________________________________________
(the body which revealed corruption offense)

The message on consideration of the case (material) about attraction to disciplinary responsibility, for making of corruption offenses

The description established правонарушения________________________________________________________

______________________________________________________________________________________________

______________________________________________________________________________________________

______________________________________________________________________________________________

 

Information about person subjected to responsibility for corruption offense
SURNAME	NAME	MIDDLE NAME

______________________________________________________________________________________________

                                                (specify former if changed)

Birth date "____" __________________ 19 __.

Birthplace

______________________________________________________________________________________________

Residence address (registration) _________________________________________________________________

Individual Identification Number (IIN) | __ | __ | __ | __ | __ | __ | __ | __ | __ | __ | __ | __ |

Place работы__________________________________________________________________________________

Position ____________________________________________________________________________________

Result of consideration of the case:

______________________________________________________________________________________________

                                        (specify collection type, date of consideration, etc.)

The name of the state body which considered material

______________________________________________________________________________________________

______________________________________________________________________________________________

 

Chief ___________________________________________________________

                      (surname, signature of the chief of state body)

Chief of ___________________________________________ personnel service

                                                 (surname, name, middle name, signature)

Date of creation "___" _____________ 20 __              of MT

(size 150x 210)

Appendix 3

to the Instruction for accounting of persons brought to disciplinary responsibility for making of corruption offenses

Form

Prosecutor General's Office of the Republic of Kazakhstan Committee on legal statistics and special accounting

Single register of persons who made corruption offenses

№________________

__________________________ 20 ____ is begun with No. ________________

________________________ 20 ____ with No. ________________ is ended

Astana 20 ___.

 

№ of payment order	The name of state body (official) who revealed corruption offense	The name of the state body which considered case (material)	Position, surname, name, middle name of person which provided card, date of exposure the signature	Offense plot (date, time, the place of making, the size of material damage in tenge)	Qualification of offense on regulations of the legal act	Information about persons who made offenses (full name, number, year, month of the birth, position, place of employment)	Results and date of consideration of the case (material)	Data on change (cancellation) of the decision
1	2	3	4	5	6	7	8	9

Appendix 4

to the Instruction for accounting of persons brought to disciplinary responsibility for making of corruption offenses

Form

Committee on legal statistics and special accounting of the Prosecutor General's Office of the Republic of Kazakhstan

Copy: in territorial administration ________________________ areas

The message on change (cancellation) of the decision on involvement of person to disciplinary responsibility for making of the corruption offense brought to disciplinary responsibility

Surname _____________________________________________________________________________________

Name ___________________________ Отчество______________________________________________________

birth date "____" _________________ 19 __.

Data on the applied responsibility measure:

______________________________________________________________________________________________

______________________________________________________________________________________________

      (specify the basis, type and date of accountability for corruption offense)

Data on change (cancellation) of the made decision:

______________________________________________________________________________________________

______________________________________________________________________________________________

______________________________________________________________________________________________

 (specify the bases and decision date about change (cancellation) of the made decision on attraction to

                                                              disciplinary responsibility)

The name of the body which made the decision:

______________________________________________________________________________________________

______________________________________________________________________________________________

                                   (position, surname and the signature of person which constituted the message)

 

Date of creation "___" __________ 20 __          of MT

(size 150x 210)

Appendix 2

to the Order of the deputy. The Attorney-General of the Republic of Kazakhstan of February 20, 2015 No. 36

List of invalid orders of the Attorney-General of the Republic of Kazakhstan

1. The order of the Attorney-General of the Republic of Kazakhstan of January 20, 2004 No. 4 "About approval of the Instruction about accounting of the persons who made corruption offenses, brought to disciplinary responsibility" (it is registered Art. No. 13-6, 915) is published in the Register of state registration of regulatory legal acts No. 2741, in Bulletins of regulatory legal acts of the central and other state bodies of the Republic of Kazakhstan, 2004;

2. The order of the Attorney-General of the Republic of Kazakhstan of September 14, 2006 No. 48 "About entering of amendments and changes into the order of the Attorney-General of the Republic of Kazakhstan of January 20, 2004 No. 4 "About approval of the Instruction about accounting of the persons who made corruption offenses, brought to disciplinary responsibility" (it is registered in the Register of state registration of regulatory legal acts for No. 4424);

3. The order of the Attorney-General of the Republic of Kazakhstan of September 6, 2007 No. 36 "About modification and amendments in some regulatory legal acts of the Attorney-General of the Republic of Kazakhstan" (it is registered in the Register of state registration of regulatory legal acts for No. 4954);

4. The order of the Attorney-General of the Republic of Kazakhstan of February 4, 2008 No. 5 "About modification and amendments in some regulatory legal acts of the Attorney-General of the Republic of Kazakhstan" (it is registered in the Register of state registration of regulatory legal acts for No. 5158);

5. The order of the Attorney-General of the Republic of Kazakhstan of September 4, 2008 No. 50 "About modification and amendments in some regulatory legal acts of the Attorney-General of the Republic of Kazakhstan" (it is registered in the Register of state registration of regulatory legal acts for No. 5317);

6. The order of the Attorney-General of the Republic of Kazakhstan of March 17, 2010 No. 18 "About introduction of amendments to the order of the Attorney-General of the Republic of Kazakhstan of January 20, 2004 No. 4 "About approval of the Instruction about accounting of the persons who made corruption pravnarusheniye, brought to disciplinary responsibility" (it is registered in the Register of state registration of regulatory legal acts for No. 6162);

7. The order of the Attorney-General of the Republic of Kazakhstan of June 24, 2011 No. 55 "About modification and amendments in some regulatory legal acts of the Attorney-General of the Republic of Kazakhstan" (it is registered in the Register of state registration of regulatory legal acts of the Republic of Kazakhstan on August 3, 2011 for No. 7099).

 

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