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Our History

OUR HISTORY

Presidential Decree No. 328 of September 13, 2016 reorganized the Ministry of  Civil Service Affairs of the Republic of Kazakhstan through its transformation into the Agency of the Republic of Kazakhstan for Civil Service Affairs  and Anti-Corruption (hereinafter referred to as the Agency) as a state body directly subordinate and accountable to the President of the Republic of Kazakhstan. The Agency is an authorized state body in the civil service, systemic prevention of corruption manifestations and monitoring of compliance with the quality of public services. The agency has a department - the National Anti-Corruption Bureau, as well as territorial bodies in the regions, cities of republican importance, and in the capital.

On approval of the Provisions on the National Bureau for Combating Corruption (Anticorruption Service) of the Agency of the Republic of Kazakhstan for Civil Service Affairs and Anti-Corruption.

In accordance with subparagraph 6) of paragraph 1 of Article 35 of the Law of the Republic of Kazakhstan "On Legal Acts", Presidential Decree No. 349 of October 5, 2016 "On Certain Issues of the Agency of the Republic of Kazakhstan for Civil Service Affairs and Anti-Corruption as well as  Amendments and Additions to some acts of the President of the Republic of Kazakhstan ", I ORDER:

1. To approve the attached Provision on the National Anti-Corruption Bureau (Anti-Corruption Service) of the Agency of the Republic of Kazakhstan for Civil Service Affairs and Anti-Corruption. 2. To recognize as invalid the order of the Minister for Civil Service Affairs of the Republic of Kazakhstan of January 5, 2016 No. 1 "On approval of the Provision on the National Bureau for Combating Corruption of the Ministry of Civil Service Affairs of the Republic of Kazakhstan" (registered in the Register of State Registration of Regulatory Legal Acts No. 12838 and published in the information and legal system "Adilet" on January 22, 2016).

3. The National Anti-Corruption Bureau (Anti-Corruption Service) of the Agency of the Republic of Kazakhstan for Civil Service Affairs and Anti-Corruption  (hereinafter - the National Bureau) shall ensure in accordance with the procedure established by law:

1) within ten calendar days after the approval of this order, to send  its copy in printed and electronic format for official publication in periodicals and the information and legal system "Adilet", as well as to the Republican Center for Legal Information of the  Ministry of Justice of the Republic of Kazakhstan for inclusion in the reference control bank of regulatory legal acts of the Republic of Kazakhstan;

2) placing this order on the Internet resources of the Agency of the Republic of Kazakhstan for Civil Service Affairs and Anti-Corruption and the National Bureau.

3. The control over the execution of this order shall be entrusted to the head of the National Bureau Tatubayev T.M.

4. This order is put into effect from the date of its signing. Chairman of the Agency of the Republic of Kazakhstan for Civil Service Affairs and Anti-Corruption K.Kozhamzharov.

APPROVED by the order of the Chairman of the Agency of the Republic of Kazakhstan for Civil Service Affairs and Anti-Corruption  dated October 13, 2016 No. 6.

Provision on the National Anti-Corruption Bureau (Anti-Corruption Service) of the Agency of the Republic of Kazakhstan for Civil Service Affairs and Anti-Corruption. General provisions.

1. The National Anti-Corruption Bureau (Anti-Corruption Service) of the Agency of the Republic of Kazakhstan for Civil Service Affairs and Anti-Corruption (hereinafter - the National Bureau) is the  institution of the Agency of the Republic of Kazakhstan for Civil Service  Affairs and Anti-Corruption  (hereinafter referred to as the Agency), within the competence of the Agency realizing functions on the issues of detection, suppression, disclosure and investigation of corruption criminal offenses and other functions in accordance with the legislation of the Republic of Kazakhstan.

2. The National Bureau carries out its activities in accordance with the Constitution and laws of the Republic of Kazakhstan, acts of the President and the Government of the Republic of Kazakhstan, other normative legal acts, these Provisions, as well as international treaties ratified by the Republic of Kazakhstan.

3. The National Bureau is a legal entity in the organizational and legal form of a republican state institution, has seals and stamps with its name in the state language,  prescribed forms, and  accounts the treasury bodies of the Ministry of Finance of the Republic of Kazakhstan in accordance with the legislation of the Republic of Kazakhstan.

4. The National Bureau enters into civil-law relations on its own behalf.

5. The National Bureau acts as a party to civil law relations on behalf of the state, if it is authorized to do so in accordance with the legislation of the Republic of Kazakhstan.

6. The National Bureau, in matters of its competence, and  in accordance with the procedure established by law, shall take decisions supported by orders of the head of the National Bureau and other acts provided for by the legislation of the Republic of Kazakhstan.

7. The structure and the limit of the staff of the National Bureau are approved by the Chairman of the Agency on the proposal of the head of the National Bureau.

8. The legal address of the National Bureau: 37, Seifullin Str.,  Almaty district, Astana City, 010000, the Republic of Kazakhstan.

9. Full name of the National Bureau: Republican state institution "National Anti-Corruption Bureau (Anticorruption Service) of the Agency of the Republic of Kazakhstan for Civil Service Affairs and anti-corruption. "

10. This Provision is the constituent instrument of the National Bureau. 11. The National Bureau is financed from the republican budget.

12. The National Bureau is prohibited from entering into contractual relations with business entities for the performance of duties that are the functions of the National Bureau. If the National Bureau of  through the Legislative Acts is granted the right to carry out income-generating activities, the revenues received from such activities are channeled to the state budget revenue.

Tasks, functions, rights and duties of the National Bureau.

Tasks of the National Bureau:

1) protection of rights, freedoms and legitimate interests of individuals and legal entities, society and the state;

2) participation in the development and implementation of state policy on the detection, suppression, disclosure and investigation of corruption offenses;

3) detection, suppression, disclosure and investigation of corruption criminal offenses.

14. Functions of the National Bureau:

1) participate in the development and implementation of anti-corruption strategies and programs;

2) participation in the preparation of the annual National Report on Counteracting Corruption in the Republic of Kazakhstan;

3) participation in the formation of summary information on the monitoring and evaluation of the implementation of planned measures to implement the Anti-Corruption Strategy;

4) reception, registration and examination of applications, reports and other information about criminal offenses;

5) conducting pre-trial investigation in the form of preliminary investigation, inquiry and protocol form;

6) ensuring the safety of persons involved in criminal proceedings;

7) the organization and implementation of operational-search activity;

8) the use of special and other technical means during the conduct of secret investigative actions, general and special operational-search activities;

9) financial and material-technical equipment of operational-search activity, within the limits of budgetary funds allocated to the National Bureau for these purposes;

10) locating and detaining persons who are wanted, who have fled from the investigation, inquiry or trial;

11) conducting analysis of the practice of operative-investigative and investigative activities and inquiries on corruption crimes;

12) control, coordination and evaluation of the activities of the territorial bodies of the National Bureau;

13) formation of departmental statistics;

14) the implementation of proceedings in cases of administrative offenses related to the provision of criminal procedural activity, in accordance with the procedure established by the Code of the Republic of Kazakhstan "On Administrative Offenses";

15) monitoring the disposition of property confiscated on criminal cases of corruption offenses and acquired with funds obtained by criminal means, as a rule, with subsequent publication of information on its  conversion to  the state revenue;

16) analysis of the criminality in the socio-economic sphere for the detection of corruption offenses;

17) execution of petitions and requests received from other law enforcement and special bodies, including competent authorities of foreign states;

18) interaction within the limits of their competence with other state bodies, organizations and relevant bodies of foreign states on the issues of detection, suppression, disclosure and investigation of corruption offenses;

19) implementation of information security policy, maintenance and improvement of technical and information activities of the National Bureau;

20) development, creation, acquisition, operation and modernization of information systems that support the tasks entrusted to the National Bureau for investigative and operational activities;

21) provision of a security regime for the administrative buildings of the National Bureau and the permit regime;

22) accounting and control over the safety of weapons, ammunition, special protective equipment, which are in service of the National Bureau;

23) the implementation of collection (acquisition), permanent storage and use of archival documents in a special state archive;

24) mobilization preparation, increasing the sustainability of the work of the National Bureau in the event of emergencies in peacetime and wartime;

25) ensuring the protection of state secrets and departmental control over compliance with the secrecy regime;

26) development and implementation of a single personnel policy of the National Bureau;

27) prevention and suppression of offenses among personnel of the National Bureau;

28) implementation of other functions stipulated by the legislation of the Republic of Kazakhstan.

15. The rights of the National Bureau:

1) to conduct an analysis of the practice of operational-and-search and investigative activities, pre-trial investigation of corruption crimes;

2) to submit to the state bodies, organizations or persons executing administrative functions in them presentations to take measures to eliminate circumstances or other violations of the law in the order established by the criminal procedural legislation of the Republic of Kazakhstan;

3) to improve the forms and methods of combating corruption crimes, to determine the strategy and tactics of operational-search activity, to develop and implement measures to improve its effectiveness;

4) in accordance with the legislation of the Republic of Kazakhstan, to create and to use information systems that provide the solution of the tasks assigned to it, to organize investigation  during pre-trial investigation, proceedings on administrative offenses in accordance with the procedure established by the legislation of the Republic of Kazakhstan;

5) participate in the development and implementation of policy documents on combating corruption;

6) to develop proposals for the improvement of the regulatory legal framework in the field of combating corruption;

7)to  conduct investigative actions, to take procedural decisions and to carry out operational-search measures in the manner prescribed by the legislation of the Republic of Kazakhstan;

8) to seize or make the seizure of documents, goods, objects or other property in accordance with the criminal procedural legislation and (or) the legislation on administrative violations;

9)to  demand the production of audits, tax and other audits, state audit and evaluation from authorized bodies and officials in cases provided for by the legislation of the Republic of Kazakhstan;

10) to use the relevant temporary detention facilities, investigative isolators in the manner prescribed by the legislation of the Republic of Kazakhstan;

11) request and receive from government agencies, organizations, officials and individuals the necessary information and materials in the manner prescribed by the legislation of the Republic of Kazakhstan;

12) on the criminal cases available in the proceeding, to subject the persons who decline to appear when summoned;

13) to convoy detainees and persons detained in custody; 14) to encourage those who reported the fact of corruption offense or otherwise assisting in countering corruption;

15) to interact with state bodies and organizations, other law enforcement agencies, international organizations on issues within the competence of the National Bureau, ensuring the exchange of information, including electronic means established by the legislation of the Republic of Kazakhstan;

16) to cooperate with the relevant bodies of foreign states, international organizations on issues within the competence of the National Bureau, as well as to submit proposals to the Agency for concluding and acceding to international treaties in the field of combating corruption;

17) to carry, store and use firearms and other weapons and special means, as well as, if necessary, to use physical force, including combat methods of fighting in the manner established by the legislation of the Republic of Kazakhstan;

18) to wear uniform when in office;

19) to  take measures to ensure internal security and compliance with the law in the activities of employees of the National Bureau and its territorial bodies;

20) to bring suits to courts in accordance with the legislation of the Republic of Kazakhstan; 21) to exercise other rights stipulated by the legislation of the Republic of Kazakhstan.

16. Responsibilities of the National Bureau:

1) to comply with the law in  receiving, registering, accounting and examining applications, communications, complaints and other information on offenses;

2) to take, register and consider statements and reports about crimes committed or being prepared, to take timely measures to curb them, disclose, detain the persons who committed them, and prevent socially dangerous acts; 3) within the competence of the National Bureau to ensure the detection, suppression and solving of crimes through the implementation of general and special operational-search measures, covert investigative actions, recording their results for use in the criminal process; 4) to carry out a preliminary inquiry  in the manner prescribed by the criminal procedure legislation of the Republic of Kazakhstan; 5) to take measures provided by legislative acts for the state protection of persons participating in criminal proceedings; 6) to take into account and monitor the safety of weapons, ammunition, special protective equipment, which is in service with the National Bureau;

7) to take into account and keep criminal cases in which the terms of pre-trial investigation are interrupted, physical evidence in criminal cases, as well as cases of operational records and secret investigative actions;

8) to consider acts of prosecutorial response and judicial acts;

9) to carry out proceedings on cases of administrative offenses related to the provision of criminal procedure, in the manner established by the Code of the Republic of Kazakhstan "On Administrative Offenses"; 10) to carry out measures to establish the whereabouts and detention of persons on the wanted list; 11) to organize, within the established competence of the National Bureau, the extradition of wanted persons; 12) to observe official discipline and secrecy in the implementation of its activities;

13) to carry out training, retraining and advanced training of employees (officers) of the National Bureau and its territorial bodies; 14) to carry out other duties provided for by the legislation of the Republic of Kazakhstan.

3. Organization of activities

17. The National Bureau is headed by a leader who is personally responsible for the performance of the tasks entrusted to the institution and the performance of its functions. 18. The head of the National Bureau is appointed and dismissed by the President of the Republic of Kazakhstan on the proposal of the Chairman of the Agency. 19. The head of the National Bureau has two deputies who are appointed and dismissed in accordance with the legislation of the Republic of Kazakhstan.

20. Powers of the head of the National Bureau:

1) in accordance with the tasks entrusted to the National Bureau,  the head of the National Bureau organizes and implements the general management of its activities; 2) he submits to the Agency proposals on the structure of the National Bureau and its territorial bodies within the limit of staff size; 3) he determines the powers of his deputies and heads of structural units of the National Bureau; 4) he solves personnel issues of the National Bureau, its territorial bodies in the manner established by order of the Agency Chairman; 5) in accordance with the procedure established by the legislation of the Republic of Kazakhstan, he  imposes disciplinary penalties and applies incentive measures to employees (officers) of the National Bureau and its territorial bodies, whose labor relations are within its competence; 6) within the limits of his competence, he issues orders and gives instructions binding for the employees (officers) of the National Bureau and its territorial bodies; 7) he submits to the Agency proposals on awarding employees (officers) of the National Bureau and its territorial bodies with state awards; 8) in coordination with the chairman of the Agency, he establishes  qualification classes for employees of the National Bureau and its territorial bodies in the manner established by the legislation of the Republic of Kazakhstan; 9) he represents the National Bureau in relations with state bodies and other organizations in accordance with the legislation of the Republic of Kazakhstan;

10) he  makes decisions on other issues related to its competence.

The powers of the head of the National Bureau during his absence are exercised on the instructions of the head by one of his deputies. 21. The head of the National Bureau has the right to form advisory bodies at the National Bureau.

4. Property of the National Bureau

22. The National Bureau has separate property on the right of operational management in cases provided for by the legislation of the Republic of Kazakhstan. The property of the National Bureau is formed at the expense of property transferred by the state, as well as property (including cash income) acquired as a result of its own activities and other sources not prohibited by the legislation of the Republic of Kazakhstan. 23. The property assigned to the National Bureau is classified as republican property. 24. The National Bureau shall not be entitled to independently dispose of or otherwise dispose of the property assigned to it and the property acquired at the expense of funds allocated to it under the financing plan, unless otherwise established by the legislation of the Republic of Kazakhstan.

5. Reorganization and abolition of the National Bureau

25. Reorganization and abolition of the National Bureau shall be carried out in accordance with the legislation of the Republic of Kazakhstan

 

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