Interactive features

Brief history

By the Decree of the President of the Republic of Kazakhstan dated September 13, 2016 No. 328, the Ministry for Civil Service Affairs of the Republic of Kazakhstan was reorganized through its transformation into the Agency of the Republic of Kazakhstan for Civil Service Affairs and Anti-Corruption (hereinafter -  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 sphere of public service, systemic prevention of corruption manifestations and monitoring of compliance with the quality of state services.

The agency has a governmental department - the National Anticorruption Bureau, as well as territorial bodies in the regions, cities of republican status, the capital.

On approval of the Regulations on the National Anti-Corruption Bureau (Anti-Corruption 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 dated 5 October, 2016, No. 349  "On some issues of the Agency of the Republic of Kazakhstan for Civil Service Affairs and Anti-Corruption and amendments and additions to some acts of the President of the Republic of Kazakhstan ", I ORDER:

  1. 1.To approve the attached Regulation 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 from January 5, 2016 No.1 "On Approval of the Regulation on the National Anticorruption Bureau of the Ministry of Public Service 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. To 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) in accordance with the procedure established by law to ensure:

1) within ten calendar days after the approval of this order, the direction of its copy in printed and electronic form 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 entry into the Standard Control bank of normative 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) Control over the execution of this order is entrusted to the head of the National Bureau TM.Tatubayev

  1. 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 anticorruption                                               K.Kozhamzharov

 

 



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

 Regulations on the National Anti-Corruption Bureau (Anti-Corruption Service) of the Agency of the Republic of Kazakhstan for Civil Service Affairs and Anti-Corruption

 

1. General provisions

1.National Bureau of Anti-Corruption (Anti-corruption service) of the Agency of the Republic of Kazakhstan for Civil Service Affairs and Anti-Corruption (hereinafter - the National Bureau) is a governmental department of the Agency of the  Republic of Kazakhstan for Civil Service Affairs and Anti-Corruption (hereinafter - the Agency), carrying out within the competence of the Agency realizable functions in the detection, suppression, disclosure and investigation of criminal offenses of corruption and other functions in accordance with laws 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 Regulations, 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 the republican state institution, has seals and stamps with its name in the state language, forms of the established sample, and also in accordance with the legislation of the Republic of Kazakhstan, accounts in the treasury bodies of the Ministry of Finance 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 and legal 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, adopts decisions in the order established by legislation, issued 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 staffing restriction 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 is: 010000, the Republic of Kazakhstan, Astana city, Almaty district, 37 Seifullin Street.

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 Regulation is the constituent document of the National Bureau

11. The National Bureau is financed from the national budget.

12. The National Bureau is prohibited from entering into contractual relations with business entities for the fulfillment of duties that are the functions of the National Bureau.      

If the National Bureau has been granted the right to carry out income-generating activities with Legislative Acts, the revenues received from such activities are channeled to the state budget revenue.      

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

13. The tasks of the National Bureau:

1) protection of rights, freedoms and legitimate interests of individual 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. The functions of the National Bureau:

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

2)    participation in the preparation of the annual National Report on anticorruption 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 Anticorruption Strategy;

4)    reception, registration and consideration of applications, messages and other information on criminal offenses;

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

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

7)    the organization and implementation of investigative activity;

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

9)    financial , material and technical equipment of the investigative activity, within the budget allocated to the National Bureau for these purposes;

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

11)    conducting analysis of the practice of investigative activities and inquiries into corruption crimes;

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

13)    forming a departmental statistics;

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

15)    monitoring the implementation of property confiscated in criminal cases on corruption crimes and purchased with funds obtained by criminal means, as a rule, followed by the publication of information about his conversion to the state;

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

17) execution of motions 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 assigned to the National Bureau for investigative and operational activities;

21) provision of a security arrangement for the administrative buildings of the National Bureau and the access mode;

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

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

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

25) ensuring the protection of state secrets and departmental control over the observance of the secrecy order;

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

27) prevention measures, warning and suppression of offenses among the staff of the National Bureau;

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

15. The rights of the National Bureau:

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

2) to submit to the state bodies, organizations or persons executing managerial functions to adopt the  measures in order to eliminate circumstances or other breaches of the law in the manner established by the criminal procedural legislation of the Republic of Kazakhstan;

3) improve the forms and methods of  anticorruption, determine the strategy and tactics of investigative activity, develop and implement measures to improve its effectiveness;

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

5) take part in the development and implementation of policy documents on anticorruption;

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

7) conduct investigative actions, take procedural decisions and carry out operational measures in the manner established 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 offences;

9) demand carrying out the audit, tax and other inspections, state audit and evaluation from authorized bodies and officials in cases established for by the legislation of the Republic of Kazakhstan;

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

11) request and receive the necessary information and materials from state bodies, organizations, officials and individuals in the manner established by the legislation of the Republic of Kazakhstan;

12) the persons evading call appearance subject to the drive on the criminal cases available in the proceeding,;

13) convoy detainees and persons in custody;

14) to encourage persons who reported a fact of corruption offense or otherwise assist in anticorruption;

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 electronically, in the manner established by the legislation of the Republic of Kazakhstan;

16) to cooperate with the relevant bodies of foreign states, international organizations on issues referred to the jurisdiction of the National Bureau, as well as submit proposals to the Agency for entering and acceding to international treaties in anticorruption;

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

18) wear uniform on duty;

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

20) file a claim to courts in accordance with the legislation of the Republic of Kazakhstan;

21) exercise other rights stipulated by the legislation of the Republic of Kazakhstan.

16.The duties of the National Bureau :

1) to obey the lawfulness when accepting, registering, recording and reviewing applications, complaints and other information about the breaches of law;

2) to accept, register and consider applications and reports on crimes committed or being prepared, take timely measures to prevent, disclose, detain persons who committed them, and prevent socially dangerous acts;

3) within the competence of the National Bureau, to ensure the detection, suppression and disclosure of crimes through the implementation of general and special investigational activities, secret investigative actions, fixing their results for use in criminal proceedings;

4) to carry out an inquiry preliminary investigation in the manner provided by the criminal procedural legislation of the Republic of Kazakhstan;

5) to take measures provided in legislative acts on 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 are in service with the National Bureau;

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

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

9) to carry out proceedings in cases of administrative offenses related to the provision of criminal procedural activity in the manner prescribed by the Code of the Republic of Kazakhstan "On Administrative Offenses";

10) to carry out measures to locate and detain persons wanted;

11) to organize, within the limits of the established competence of the National Bureau, the extradition of persons wanted;

12) to observe official discipline and the secrecy order  in the course of its activities;

13) to carry out training, retraining and advanced training of employees (staff) of the National Bureau and its territorial bodies;

14) to perform other duties stipulated by the legislation of the Republic of Kazakhstan.  

3. Organizing the activities

17. Executive Board of the National Bureau is headed by a manager who is personally responsible for the performance of tasks assigned to the department and the exercise of his 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. Authority of the Head of the National Bureau:

1) in accordance with the tasks assigned to the National Bureau, organizes and exercises general management of its activities;

2) submits for consideration by the Agency proposals on the structure of the National Bureau and its territorial bodies within the limit of the staff strength;

3) determines the authorities of their deputies and heads of structural subdivisions of the National Bureau;

4) resolves personnel issues of the National Bureau, its territorial bodies in the manner established by the order of the Chairman of the Agency;

5) imposes disciplinary sanctions and applies incentive measures to employees (staff) of the National Bureau and its territorial bodies in the order established by the legislation of the Republic of Kazakhstan, the issues of labor relations of which are assigned to his/her competence;

6) issues orders and gives instructions binding on employees (staff) of the National Bureau and its territorial bodies within his/ her competence;

7) submits to the Agency representations on rewarding employees (staff) of the National Bureau and its territorial bodies with state awards;

8) upon agreement with the Chairman of the Agency, 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) represents the National Bureau in relations with state bodies and other organizations in accordance with the legislation of the Republic of Kazakhstan;

10) takes decisions on other matters within his/her competence. The authority of the head of the National Bureau during his absence is carried out on behalf of the head by one of his deputies.

21. The head of the National Bureau has the right to form consultative and advisory bodies under  the National Bureau.

4. Property of the National Bureau

22. The National Bureau has the separate property in cases , on the right of operational control, provided 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 money income) acquired as a result of its own activities and other sources which are not prohibited by the legislation of the Republic of Kazakhstan.

23. The property assigned to the National Bureau refers to the republic's property.

24. The National Bureau may not independently alienate or otherwise dispose of the property and property secured by it, acquired at the expense of funds issued to it under the financing plan, unless otherwise established by the legislation of the Republic of Kazakhstan. 

5.  Reorganization and abolishment of the National Bureau

25. The reorganization and abolishment of the National Bureau is carried out in accordance with the legislation of the Republic of Kazakhstan.