approved by the decree of the President of RK No. 986 dated 26.12.2014
The content
1. Introduction
2. Analysis of the current situation
2.1. The positive trends in the sphere of fighting corruption
2.2. The challenges
2.3. The major factors promoting corruption
3. Goal and objectives
3.1. Goal and target indicators
3.2. Tasks
4. Key areas, key approaches and priority actions
4.1. Combating corruption in the public service
4.2. The introduction of the Institute of public control
4.3 Combating corruption in the public and private sector
4.4. The prevention of corruption in judicial and law enforcement
4.5. The formation of the level of anti-corruption culture
4.6. Development of international cooperation on combating corruption
5. Monitoring and evaluation of strategy implementation
1. Introduction
Strategy “Kazakhstan-2050″: New political course of the established state” elevates corruption to the rank of a direct threat to national security and directs the state and society to unite efforts in the fight against this negative phenomenon.
The main strategic document of our country, reflecting the principled position of Kazakhstan on this important issue is the basis of anti-corruption policy of the state in the coming years.
It is well known that corruption leads to lower efficiency of state governance, investment attractiveness of the country, hampering sustainable socio-economic development.
Kazakhstan since the first days of state independence gradually and deliberately pursuing a policy of creating an effective, relevant international standards, institutions and mechanisms for combating corruption.
In our country operates anti-corruption legislation, which are based on the laws “On combating corruption” and “About state service”, implemented a series of policy documents, established a special authorized body, implementing the complex functions in the sphere of civil service and combating corruption, actively carried out international cooperation in the field of anti-corruption activities.
On the principles of meritocracy in which leadership positions are held capable and professionally trained people, regardless of their social origin and property status, established a system of public service, including a clear delineation and definition of functions and powers of each body and state officials.
Taken comprehensive measures to develop public services and Informatization of the public administration, reduce direct contact with officials of the citizens and minimizing conditions for corruption phenomena.
Any efforts to improve the lives of citizens, growth of the national economy, improvement of business environment, legal literacy and social activity of the population, the introduction of e-government, which allowed Kazakhstan to enter the 50 most competitive countries of the world, also create the preconditions for building a culture of lawfulness and anti-corruption accepted patterns of behavior.
However, the solution of strategic tasks for further economic growth, improve the people’s welfare, realization of ambitious goals to enter the top thirty most competitive countries in the world, requires the adoption of new system of measures based on the modernization of anti-corruption policy of the state and enhance the role of civil society institutes in its implementation, which would minimize corruption.
In this regard, at this stage, there is a need to adopt a new policy document States, defines the strategy for combating corruption (hereinafter the anti – Corruption Strategy or strategy).
In this document the leading role of comprehensive preventive measures that can radically reduce the level of corruption, eradicate the causes and conditions that generates in different areas of life of state and society. That is, the emphasis should be on elimination of prerequisites for corruption, rather than on dealing with its consequences.
Improving the competitiveness of the national economy involves the prioritization of measures to eliminate administrative barriers to business development, effective protection of the rights and legitimate interests of Russian and foreign businessmen working in Kazakhstan, from any corruption.
In General such a Strategy should cover the main spheres of life of the state and society, to include the development and implementation of complex versatile and consistent anti-corruption measures and, thereby, to maximize the reduction of corruption at all levels of government and in the private sector, to form intolerant attitude of Kazakh citizens towards this social evil.
This strategy defined the basic directions can not be once and for all data. They should be adjusted as you complete the individual activities and based on the results of in-depth analysis of the phenomenon of corruption, its causes, the motivation of corrupt behaviour, serious and objective assessment of the state of Affairs in the sphere of fight against corruption.
2. Analysis of the current situation
2.1. The positive trends in the sphere of counteraction of corruption
At previous stages in the development of Kazakhstan’s state were achieved recognized results, there are obvious positive trends in the fight against corruption, strengthening and development of which will be key to the successful implementation of this anti-Corruption strategy at the present stage of development of the country.
Kazakhstan was the first CIS state to have adopted the Law “On combating corruption”, which defined goals, objectives, basic principles and mechanisms for combating this negative phenomenon.
Since 2001 has been implementing state programs to combat corruption, within which specific measures are taken to eliminate the causes and conditions of occurrence of corruption.
The Law “On civil service” operating since 1999 and the Code of honor of civil servants, approved by the President in 2005 have created the basis for formation in Kazakhstan of a professional state apparatus built on the principles of accountability, transparency and meritocracy.
A special governmental body that combines regulatory and law enforcement functions in the sphere of civil service and combating corruption. It is intended not only to regulate the organization and civil service and the monitoring of purity of the state apparatus, but also endowed with function of the prevention of corruption and prosecution of persons who committed corruption crimes.
This preventive activity is a priority for the new body.
Successfully implemented the principle of inevitability of punishment. Officials who have been found guilty of corruption, regardless of position and ranks, responsible to the fullest extent of the law.
Criminal law policy provides strict responsibility of public officials for committing corruption crimes.
The need severe punishment for corruption-related crimes envisaged in the Concept of legal policy of the Republic of Kazakhstan for the period from 2010 to 2020.
Such a principled approach is implemented in the new Criminal code. Thus, persons who have committed corruption offences will not apply the Statute of limitations, prohibits probation, imposed a lifetime ban on the right to occupy posts in public service.
Anti-corruption legislation is supplemented by regulations on confiscation of property obtained by crime, personal responsibility of managers for the corruption. In it is enshrined the important concept of “conflict of interest”.
Thus, along with strengthening of responsibility of public servants, improve their social guarantees.
Gradual and regular increase of salaries of the state apparatus aims to improve social well-being of public servants and to create conditions for the performance of their duties on a fair and equitable basis.
The state program of further modernization of law enforcement system for the period till 2020 and the Concept of personnel policy of law enforcement includes measures aimed at increasing the level of trust to law enforcement bodies, formation of the staff characterized by impeccable behavior and high level of competence.
Pays special attention to enhancing confidence in the judicial system, the strengthening of its role in protecting the rights and legitimate interests of citizens. Measures have been taken to improve the mechanism of formation of the corps of judges, the development of e-justice, improving their transparency and accessibility.
Widely expanded access to information, facilitated by measures on formation of electronic government, and Internet resources of public and private entities.
Created conditions for freely informing by citizens about the facts of corruption, including through hotlines and web sites of state bodies.
In order to increase investment attractiveness of the country, increase its competitiveness rooted administrative barriers that hinder entrepreneurial activity, obtaining a population of rapid and high-quality public services.
With the adoption of the Law “On public services” and the Law “About permissions and notifications”, created conditions for improving the quality of public services, drastically reduced the number of permits and licensed activities.
The system of effectiveness assessment and external control of quality of rendering public services.
The result of this work became an annual decrease in the number of violations of the terms of rendering the state services (8.7% compared with 2012) and complaints about the quality of their delivery (25%) and the increase in the share of automated services (more than 2 times) and the services provided through the citizen service centres (51%).
Increases the level of automation of public procurement, which contributes to the formation of a competitive environment, transparent and efficient development of the budget.
In the private sector has created favorable conditions for business activity, employment and employment.
In General, the adoption of these measures allowed Kazakhstan by the level of anti-corruption activities to occupy a leading position in the Central Asian region and among the CIS countries.
2.2. The challenges
Corruption, representing a complex, historically variable, negative social phenomenon, as you know, appeared in the early stages of development of human civilization.
The problem of corruption exists in all countries, inhibiting socio-economic progress, it is different from their typical manifestations and scale.
Despite the lack of a universal and comprehensive definition of acts of corruption, it primarily includes the abuse of officials of power or official position for personal gain, and the most common kinds usually are recognized bribery of officials, the use of official powers for personal gain.
The difficulty in crafting an effective response to corruption due to its characteristics of each individual state and the challenges of its changing characteristics.
When determining the causes, conditions and consequences of corruption must be taken into account such factors as local mentality, national and religious features, level of legal culture.
However the main conditions for effective and systemic anti-corruption are the accountability of the authorities to society, the independence and fairness of justice, in presenting a clear and uncomplicated in the application of law, meritocracy in personnel policy of the state, transparency of government procedures and intolerance to corruption in society.
In the context of modernization of the economy and large-scale social transformation in Kazakhstan, an increasingly evident need for a holistic anti-corruption strategy, closely linked to the current socio-economic policy of the state, taking into account the culture and ethics of our society, the international trends in the fight against this social evil.
The strategy will form the basis for new mechanisms and instruments of increase of efficiency of state policy in the sphere of fighting corruption.
In addition to purely law-enforcement component, the anti-corruption policy is not less important is the selection of scientifically based forms and methods of state management, distribution and use of public funds and on this basis, the elimination of the causes and conditions of corruption.
In the system of counteracting corruption is a fundamental element of the identification and minimization of corruption risks, conditions and reasons related to their appearance.
Assessment of corruption risks, level of their prevalence in various fields and industries helps to identify gaps in the state, including legal, regulating anti-corruption activities, problems arising in the public-legal regulation and development of measures for the improvement of law enforcement in the process of anti-corruption activities.
Lack of transparency in decisions affecting the most important issues of public life, the lack of adequate civilian control and accounting of public opinion in the activities of the state apparatus lead to excessive bureaucracy, administrative barriers and the abuse of power that creates the negative factors contributing to the growth of corruption.
In existing legal mechanisms, the main problem remains the lack of proper enforcement despite the qualitative upgrading of basic industries of national legislation.
Still urgent is the problem of using the whole Arsenal of means of preventing corruption.
Applicable law and inherent rights for Kazakhstan’s institutions have untapped potential to combat corruption, the full implementation of which should be taken into account when considering the introduction of foreign models and experience in this area.
Lack of systematic and preventive work.
In this context, the priority of the authorized body on fighting corruption to become not so much a criminal prosecution as the development and adoption of preventive measures aimed at identification and elimination of reasons and conditions of corruption.
Attention should be centred on the activities of local authorities, due to the extension of their authority and responsibility for the state of Affairs in the regions and as they state their services meet the everyday needs of citizens.
In General, the activities of the authorized body is a balance between its law enforcement and regulatory functions.
A conflict of interests when performing public functions is also one of the major causes of promoting corruption in the public sector. A detailed analysis of the mechanisms of realization of state functions, including public services, will identify and eliminate the causes conducive to the spread of corruption.
So far insufficient attention has been given to raising the legal culture of citizens and legal awareness, especially in industries and applicable law, the most popular in the daily life of the population.
The anti-corruption propaganda is largely limited to one-time promotions and campaigns, formulaic statements in the media, insufficiently involved in the Internet space.
Existing information field does not always contribute to the consolidation of society in the formation of zero tolerance to corruption.
Poor level and quality of sociological research devoted to the study of problems of corruption and effectiveness of government anti-corruption measures.
At the legislative level, is still not delineated violations of the rules and of the rules of ethics from actual corruption offenses, which distorts the real picture of corruption, prevents the concentration of state efforts on the most promising areas in the fight against corruption and leads to unnecessary growth of corruption rating of the country.
There is no clear distinction between levels of corruption and, respectively, the applicable penalties for their Commission.
It is necessary to determine finally and the approaches to combating corruption in the private sector.
State intervention in activity of subjects of entrepreneurship should be based on a clear understanding of the scope of corruption and the circle of persons covered under its definition. Thus there should be no administrative barriers for business development and difficulties in ensuring a favorable investment climate in the country. In General, there should be a reduction of state participation in entrepreneurial activities.
Undertaken by the independent Kazakhstan’s steps towards further integration into the global space oblige our country to take into account certain international standards in combating corruption.
However, such standards should be implemented not only with the recommendations of the foreign partners. International experience should be subject to careful study and detailed analysis on the compliance of the provisions of the Constitution, the current legislative and enforcement practice, taking into account peculiarities of formation and functioning of traditional and inherent in our country’s legal mechanisms and institutions.
2.3. The major factors promoting corruption
For formation of effective system of counteraction of corruption, it is first necessary to identify the main factors contributing to its manifestation in modern conditions.
Among them the most relevant are, first, the imperfection of sectoral laws and regulations that in law enforcement often create conditions for corruption actions.
Citizens not versed in the intricacies of law, in practice it is difficult to correctly understand and properly interpret the provisions of such laws.
Secondly, lack of transparency of public and corporate governance. The process of elaboration and adoption of managerial decisions remains one of the most closed, including in cases, when it comes to decisions affecting the rights and legitimate interests of citizens.
Thirdly, remain corruption risks associated with direct contact of officials with the population in the provision of public services.
Fourthly, the still low level of legal culture of the population, including themselves servants of the public sector that allows unscrupulous employees to use it for selfish, illegal purposes.
Fifth, the lack of a comprehensive and targeted outreach to the formation of anti-corruption behavior of citizens and social climate of rejection of corruption.
Sixthly, the insufficient level of salaries of some categories of civil servants and social guarantees in public service.
3. Goal and objectives
3.1. Goal and target indicators
The purpose of this Strategy is to increase the effectiveness of anti-corruption policy of the state, involvement in anti-corruption society by creating an environment of zero tolerance to any manifestations of corruption and the decrease in the Kazakhstan’s level of corruption.
Target indicators used in the Strategy:
the quality of public services;
the public trust the institutions of state power;
the level of legal culture of the population;
enhancing the authority of the country in the international community and the improvement of the relevant international ratings, including the rating of Kazakhstan in the corruption perception Index of Transparency International.
3.2. Objectives Of The Strategy:
counteraction of corruption in the sphere of the public service;
the introduction of the Institute of public control;
counteraction of corruption in the public and private sector;
the prevention of corruption in courts and law enforcement agencies;
the formation of the level of anti-corruption culture;
development of international cooperation on combating corruption.
The purpose and objectives of the Strategy aimed at achieving the objectives of the Strategy “Kazakhstan-2050” take into account the provisions of the program of “Nur Otan” on counteraction of corruption for 2015-2025, as well as suggestions and opinions of other public associations.
4. Key areas, key approaches and priority actions
4.1. Counteraction of corruption in the sphere of the public service
Due to acts of corruption occurs illegal extraction of tangible and intangible benefits, resulting in the undermining of the interests of society and the decline of the authority of government.
Therefore, the government will continue to take all measures and create conditions under which the use of official powers for personal gain will be unprofitable and impossible.
One of the most important of such measures will be the Declaration of civil servants not only their incomes, but also expenses. In the future, this Declaration will be extended to all the population that will have a positive impact on the rule of law and transparency in the public service.
To reduce the level of corruption in the government envisages a further gradual increase in wages and social benefits officials as the financial possibilities of the state. This task is updated and given the fact that the remuneration of public servants is still not competitive compared with the private sector.
The integrity of public officials and transparency of their activities – the basis of success of anti-corruption policy.
One of the preconditions for corruption is the presence of direct contact the official and the citizen. The simpler and more transparent the procedure of obtaining state services, the lower the level of corruption.
In this regard, measures will be taken on a phased transfer of certain state functions to non – state sector self-regulatory organizations.
The influence of the human factor and minimizes the wide use of modern information technologies.
As a result will increase the volume of services provided to the population in electronic format, in such format including will be provided with permits.
In the basic social sectors, including education and health, provision of appropriate services in electronic form will contribute to the reduction of corruption.
To modernize the public procurement system, which is among the most corrupt sphere of activity. Here occurs one in four corruption-related crimes.
For a radical improvement requires measures such as the consolidation of a single operator, the implementation of automated goods selection, improvement of procedures of reception of works and services.
Will be possible to automate the procedure of rendering state services, including customs and tax spheres, in the field of agriculture, land, banking.
Will expand the list of state services provided to the population by a principle of “one window” (through the CSC).
In General, the principle of transparency is a key factor in contraction of corruption and, therefore, its implementation will be conducted on a regular, systematic basis, including by monitoring the quality and accessibility of public services.
4.2. The introduction of the Institute of public control
Effective mechanism of corruption prevention is the public control.
The introduction of such control requires not only the revitalization of civil society but proper legal framework.
The adoption of the Law “On public control” would for the first time to create a complete system of civilian control through legal fixation of the basic rules of its organization and implementation.
This law is intended to play an important role in the further development of civil society whose institutions help to strengthen the authority of the state and improve the quality of work of the state apparatus.
Will be created a legal basis for holding public hearings on issues affecting the rights and interests of citizens, public examination of decisions of public bodies, to hear reports of the heads to the public and citizens ‘ participation in the collegial bodies.
The law will contribute both to the solution of the anti-corruption tasks, and other socially important questions of society and the state.
When this public control should be clearly distinguished from the control functions of the state in accordance with the requirements of the Constitution.
Another tool to ensure transparency of work of the state apparatus must become the Law “On access to public information”, which will enshrine the rights of recipients of public information, manner of presentation, registration and use.
Free access to public information will eliminate the need for unnecessary contact of the population with officials.
The most important factor of successful contraction of corruption is the ability of citizens to participate directly in solving local issues. This will contribute to the adoption of a law providing for the extension of powers of local self-government.
The community should be given the opportunity first to participate in the monitoring and control of use of funds under the budget programs of local government.
4.3. Contraction of corruption in state and private sector
According to the information from international organizations, the danger of corruption in public and private sectors is quite comparable with the magnitude of the public sector.
In the public sector with a budget, often exceeding the volume of public procurement, the problem of corruption apparently not so sharp. However, the current situation demonstrates a lack of transparency in the sector. Therefore, necessary organizational and legal mechanisms for ensuring accountability, the accountability and transparency of decision-making procedures in this sector.
The entry of Kazakhstan into number of 30 most developed countries of the world is possible only at observance of modern principles of business ethics and good business practices.
Reigning national chamber of entrepreneurs, while protecting the interests of domestic business, must assume their share of responsibility for its transparency and integrity and to take measures to combat corruption in the corporate sector.
The first step is already made – designed anti-Corruption Charter for business. It proclaimed the basic principles and postulates free from corruption private business of Kazakhstan.
Will take a number of other anti-corruption measures in various spheres of financial and economic activity.
Also measures will be taken to create conditions to ensure transparency in the provision of services to citizens by subjects of quasi-public and private sector.
This, including the increased use of electronic technologies in the banking sector, the establishment of clear criteria for determining tariffs in the sphere of natural monopolies, the reduction of state participation in the construction industry and other sectors of the economy.
At the same time, contraction of corruption in the private sector shall be done in such a way that it was not associated with deterioration of the investment environment and risks for entrepreneurs.
4.4. The prevention of corruption in judicial and law enforcement
The effectiveness of anti-corruption policy of the state primarily depends on the system of the rule of law, the main element of which is the excellent system of justice.
To increase confidence in the judicial system, improve the quality of justice will be taken measures to prevent corruption in the activities of judges, including by tightening the requirements for candidate judges.
Simplification of legal proceedings, increase of its efficiency, automation of courts will allow to ensure free access to justice, increase transparency in the judicial system.
Priorities in the law enforcement system should be shifted from detection of crimes to their prevention.
In the personnel policy of law enforcement agencies is necessary to implement mechanisms for competitive selection and the principle of meritocracy operating in the system of administrative public service.
Will be improved the procedures for the certification and testing staff imposed a ban on their transfer without the use of a personnel reserve.
In law enforcement, corruption, the environment can also occur when the contacts of the members of the security forces with citizens.
The solution of this problem largely depends on the purity of the ranks of law enforcement officers, from continued introduction of new technologies and automation of the relevant procedures.
Only corruption free law enforcement is able to effectively protect the rights of citizens, interests of society and the state.
The public trust should be the main criterion for assessing law enforcement activities.
4.5. The formation of the level of anti-corruption culture
Provided by this complex Strategy of anti-corruption measures should be accompanied by broad public participation.
Only close partnership of the state and society will successfully resist corruption.
Without public support anti-corruption measures carried out from above, provide only a partial effect.
Zero tolerance for corruption should be a civil position of every citizen of Kazakhstan, and integrity is the norm of conduct.
Without the presence of the citizens anti-corruption culture, strong immunity to corruption, its public censure, it is impossible to achieve the desired result. Every Kazakhstani, every family needs to understand that combating corruption is society.
A crucial role in forming anti-corruption culture plays the work with the younger generation. Only the introduction from a very early age of anti-corruption standards of conduct will help to eradicate this social evil.
It is important from childhood to educate the personality in the spirit of Kazakhstan patriotism and rejection of corruption.
Educational anti-corruption courses should cover all educational institutions, public authorities and the whole civil society.
With all the mass this should be done on a professional basis, using specialists in various fields who will be able and qualified to reveal the mechanisms of citizens to obtain public services, protect their rights and legitimate interests.
Media are designed to provide an atmosphere of public intolerance of corruption, promotion of active citizenship of Kazakhstan, their active participation in the fight against corruption.
Often corruption offences are a consequence of weak legal awareness of citizens in realization of their rights and legitimate interests.
It is necessary to achieve dramatic eradication of legal nihilism in society.
To rectify the situation designed a large-scale explanatory work among the population, systematic and painstaking efforts to improve the legal culture of citizens with regard to their age, professional and other characteristics.
In Kazakhstan, following the example of foreign countries entered the financial incentives for citizens who report allegations of corruption. This mechanism shows its effectiveness. Thanks to the principled position of our citizens prevented a lot of corruption offences. It is necessary to work further in this direction.
Anti-corruption ethics and culture of the Kazakhstan society should be formed in the context of ideology “Mangilik El”. The harmonious combination of traditional cultural values and international standards will help to recreate the canons of lawful behavior of citizens.
Awareness and rejection of corruption as alien to the national culture phenomena – the basis of anti-corruption culture in our society.
4.6. Development of international cooperation on contraction of corruption
Kazakhstan will expand and deepen international cooperation in contraction of corruption.
Effective foreign policy activity of Kazakhstan as a full subject of international law, which is including the accession to the UN Convention against corruption, to other documents in this area, provides active participation of our country in the international fight against corruption.
On the one hand, this creates incentives for the use of the best anti-corruption practices, on the other – expands cooperation with foreign countries.
Our state signed a number of agreements on mutual legal assistance, extradition of criminals and the return of assets.
To improve our anti-corruption policy will contribute to and interaction with the European Union, the use of foreign experience, but given our circumstances and national legislation.
Require special attention to offshore zones, through which is displayed abroad and legalized capital, including often of dubious origin. The signing of relevant international agreements and treaties will ensure the transparency of offshore companies.
We will continue the practice of conducting international anti-corruption measures, participation in prestigious international organizations. Our country intends to remain an authoritative dialogue platform to discuss issues of fight against transnational corruption.
5. Monitoring and evaluation of Strategy implementation
Lead in implementation of anti-Corruption strategy will be the authorized body on contraction of corruption, and to participate in the implementation of the Strategy will be all state bodies, organizations and institutions, companies with state participation, political parties and other public associations and the whole civil society.
Phased implementation of the Strategy will be the Plan that will be approved by the Government in coordination with the presidential Administration.
A prerequisite for achieving the objectives of the Strategy is monitoring and evaluation of its performance, subdivided into internal and external.
Internal monitoring and evaluation of performance will be carried out directly by the respective event, external is a specially developed monitoring group, which will include representatives of interested state bodies, the public and the media.
Proper condition monitoring and assessment of the state anti-Corruption strategy is its openness.
The performance reports of related activities will be communicated to the population in order to obtain external evaluation and consideration of public opinion.
Assessment and public input will be considered in subsequent phases of the Strategy implementation.
The final stage of execution of the Anticorruption strategy will be making a specific report for consideration by the Head of state.
Annual national report on the implementation of a document to be placed in the media.