1. Bribery in the home (private to public)
1.1 The Legal Environment
Bribery of public officials is prohibited by Articles 366 to 368 of the Kazakhstani Criminal Code1, Articles 676 to 681 of the Code of Administrative Offenses2, the Law on State Service of the Republic of Kazakhstan3, and the Law against Corruption.4
1.2 What does bribery mean?
Bribery can be committed by either public officials or private individuals attempting to corrupt a public official, according to the law.
Bribery is defined in Articles 366 and 367 of the Criminal Code as the giving or receiving of money, securities, other property, proprietary rights, or benefits by a public official, directly or through an intermediary, in exchange for an act or non-act in the interests of the bribe giver or persons he or she represents, if the act or non-act is part of the public official’s duties under the law.
1.3 What does it mean to be a public official?
The Criminal Code defines a variety of types of people who are deemed public officials when it comes to corruption. The following are some of the categories:
Persons involved in managing state organizations or legal entities in which the state owns more than 50% of the shares, as well as their direct and indirect subsidies:
State servants
Persons elected for municipal positions
Persons registered as candidates for president, Parliament, or municipal elections
Servants employed by municipalities who are paid out of the state budget
Persons involved in managing state organizations or legal entities in which the state owns more than 50% of the shares, as well as their direct (defined as state organizations or legal entities owning more than 50 percent of the shares)
Employees of Kazakhstan’s National Bank and its divisions
Employees of state authorities, municipalities, or Kazakhstan’s military forces who execute organizational or administrative duties
Individuals who occupy positions mandated by the Constitution or other legislation to carry out state responsibilities and exercise state authority, as well as those who hold political office.
1.4 Bribery’s Consequences
(a) For the Individuals Involved
Individuals who bribe public officials face a variety of offences under the Criminal Code, including:
Up to 15 years in prison, with or without property confiscation
Fines of up to 50 times the bribe amount
Prohibition against holding certain professions or engaging in certain activities for the rest of one’s life
(b) For a corporation or other legal organization
Legal entities that are involved in the corruption of public officials may face administrative liability in the form of a fine of up to 750 times the monthly calculation index (MCI) (approximately USD 5,157; for repeated breaches, a fine of up to 1,500 MCI or approximately USD 10,314).
1.5 Contributions from politics
Article 18 of the Law on Political Parties governs contributions to political parties.
There are no limits on the amount of money that can be donated. Foreign states, foreign legal entities, and international organizations (a) Foreign citizens and persons without citizenship (b) Legal entities with participation of foreign interest (c) Legal entities with participation of foreign interest (d) State authorities and state organizations (e) Religious and charity organizations (f) Anonymous contributors
1.6 Hospitality expenses are subject to a limit (gifts, travel, meals, entertainment, among others)
The provision of any benefits to public officials is usually banned under Kazakhstani law, and if the advantages were supplied in exchange for an official’s state tasks, it could result in criminal or administrative culpability.
Under the Civil Code, however, certain symbolic gifts with a value of not more than 10 MCI (roughly USD 69) may be given to government officials, taking into account the definition of bribery discussed in Section 1.2, which states that such gifts are legal only if they are not given in exchange for the official performing his or her official functions. There is a possibility of criminal and/or administrative liability if this is not done.
Furthermore, government officials may be allowed to accept invitations to participate in international science, professional, and other such forums at the expense of organizations under certain circumstances, and they may be allowed to receive restricted gifts or benefits during the forums.
2. Bribery in the home (private to private)
2.1 Legal Framework Bribery in the private sector is prohibited under Article 253 of the Criminal Code.
2.2 What is bribery in the private sector?
“Private bribery” is defined as an illegal grant or receipt of money, securities, or other property by a person involved in the management of a commercial or other organization, or an illegal performance of services in exchange for that person using his or her position in the bribe-interest giver’s or providing the bribe-giver with general informal protection or advancement.
2.3 Private bribery penalties
(a) Individuals who engage in private bribery face a variety of penalties under the Criminal Code, including:
He might face up to 12 years in prison, with or without property confiscation.
Penalty of up to 5,000 MCI (about USD 34,379) or equivalent rectification works
For a period of up to five years, you will be deprived of your liberty.
(b) No liability is stipulated for a company or legal entity.
2.4 Hospitality expenses are restricted (gifts, travel, meals, entertainment, among others)
In general, Kazakhstani legislation does not impose quantitative or qualitative restrictions on the payment of hospitality expenditures for private-sector executives.
3. Foreign public officials’ corruption
3.1 The Legal Environment
Articles 366 and 367 of the Criminal Code regulate foreign public officers’ corruption. These are the same articles that relate to bribing government officials in the United States.
Unlike in other countries, such as the United States or the United Kingdom, Kazakhstan’s prohibition on bribing foreign public officials does not extend beyond its boundaries unless very particular circumstances exist.
Bribing foreign officials is only a crime under Kazakhstan’s Criminal Code if: (a) the bribery of a foreign public official was committed outside of Kazakhstan by a Kazakhstani citizen and was not prosecuted in the state where it was committed; or (b) the bribery of a foreign public official was committed outside of Kazakhstan by a non-Kazakhstani citizen directly against the inter-Kazakhstani border.
3.2 Definition of foreign public officials’ corruption
Corruption of both local and foreign public authorities has only one definition in the Criminal Code.
3.3 Explanation of the term “foreign public officers”
The term “foreign public official” is not defined in the Criminal Code. In reality, this may pose questions about how the relevant articles of the Criminal Code should be interpreted and applied.
3.4 Consequences of foreign public officials’ corruption
Because Kazakhstani law makes no distinction between bribery of foreign and domestic officials, the repercussions are the same as in Section 1.4.
3.5 Restriction on the amount of money that can be spent on hospitality (gifts, travel, meals, entertainment, among others)
Because the Law On State Service of the Republic of Kazakhstan and the Law On Countering Corruption only apply to Kazakhstani public officials, the limitations on hospitality expenses do not apply to international public officials.