The subject and the object of the administrative offense of corruption

Subjects of offenses in summary form, in accordance with the administrative legislation of Kazakhstan are:

1) Citizens of the Republic of Kazakhstan;

2) foreign nationals;

3) persons without citizenship;

4) The state bodies and their structural units, enterprises, institutions and other state organizations;

5) public organizations and associations;

6) employees of state bodies and public organizations;

7) representatives of public organizations, endowed with administrative rights and responsibilities.

According to the provisions of Articles 28, 29 of the Administrative Code is a common subject of a sane person who has reached the age of 16.

With regard to corruption offenses in administrative law is seen a special subject.

Thus, in accordance with the provisions of the Administrative Code of the Republic of Kazakhstan subject to corruption offenses are:

- Officials (Articles 30, 677-681);

- Servicemen from the leaders of the armed forces of the Republic of Kazakhstan, other troops and military formations (st.st.32, 680);

- Managers, executive secretaries and other officials determined by the President of the Republic of Kazakhstan (st.680);

- Individuals (citizens of the Republic of Kazakhstan, foreign citizens and stateless persons (Articles 28, 676, 677);

- Legal entities (st.678).

The object of administrative legal relations are the actions (behavior) of people in management, through which implemented the duties and rights provided for this relationship:

- Shared object - public relations in public administration;

- Direct object - the behavior (acting) subjects *.

Main conclusions:

1. Corruption offenses entail legal responsibility, in addition to criminal, in the administrative and legal order.

2. Administrative violations imenu- are misdemeanors, and in the scientific field - delicts.

3. The administrative offense different from a criminal offense (misdemeanor or crime) a lower degree of social danger and the lower value of consequences.

4. For committing an administrative offense the law provides for legal liability, which is called an administrative penalty (in criminal law - criminal penalties).

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* См.: Ибрагимов Х.Ю. Административное право Республики Казахстан (Общая часть): Учебное пособие. – Алматы: Данекер.- 2000. – С.47.

5. The CAO provides independent Chapter 34, entitled " Administrative corruption offenses." This chapter has 6 articles on corruption offenses.

6. In the administrative corruption offenses in the CAO has one main type of punishment - a fine.

7. The subject appears both physical and legal persons.

Test questions:

1. What is meant by an administrative offense?

2. What are the differences between an administrative offense by a criminal offense?

3. What applies to signs of an administrative offense?

4. What is included in the content of antisocial trait administrative offense?

5. What is included in the content attribute the wrongfulness of an administrative offense?

6. What is included in the content attribute guilt administrative offense?

7. What is included in the content attribute blameworthiness of an administrative offense?

8. What are the administrative penalties provided for in Article 41 of the CAO?

9. What is included in the concept of " administrative corruption offenses"?

10. What are the symptoms of the subject of the administrative corruption offenses?

11. What are the signs of the object of the administrative corruption offense?

Recommended reading:

1. Ибрагимов Х.Ю., Ахметов Р.И. Основные понятия и термины административного права и административной деятельности органов внутренних дел: Учебное пособие. – Алматы: Данекер. – 1999.

2.Жумагулов М. Место и значение административно-принудительных мер в науке административного права // Закон и время. - №9. - 2008. - С. 52-56.

3. Осинцев Д.В. Методы административно-правового воздействия. – СПб. – 2005.

4. Жетписбаев Б.А. Теоретические проблемы института административно-принудительного вос- становления // Хабаршы-Вестник КазНПУ имени Абая. – Серия «Юриспруденция». - №1(5). – 2005. – С.14-20.

Theme 13. Law of the Republic of Kazakhstan «Аbout fighting corruption»

Plan

1. General Law of the Republic of Kazakhstan «Аbout fighting corruption»: the structure, objectives, principles

2. Measures preventing corruption offenses under the Law of the Republic of Kazakhstan «Аbout fighting corruption».

1. General Law of the Republic of Kazakhstan «Аbout fighting corruption»: the structure, objectives, principles

Law of the Republic of Kazakhstan adopted July 2, 1998. In the intervening period it amended and supplemented more than twenty laws of the Republic of Kazakhstan. This is due to changes in the political and legal environment in which there is a state, the adjustment of the state policy in the sphere of law and the fight against corruption, the emergence of new priorities, the place and role of Kazakhstan in the international relations, the actualization of certain social needs in the country.

Regardless of this, the legislation of Kazakhstan in the field of anti-corruption as the main legal normative act adopted Law of the Republic of Kazakhstan to allocate «Аbout fighting corruption».

Structural called Law consists of 4 chapters: 1. General provisions; 2. Prevention of corruption,

corruption offenses and the responsibility for them; 3. Elimination of the consequences of corruption offenses; 4. Final Provisions.

In total, the law contains 20 articles.

In Art. 1 SAM «Аbout fighting corruption» formulated the following objectives of the Law:

- Protection of the rights and freedoms of citizens;

- Ensuring national security of the Republic of Kazakhstan from the threats arising from the manifestations of corruption;

- Ensure efficient work of state bodies, officials and other persons equated to them;

- Expansion of democratic principles, transparency and control in the government;

- To strengthen public confidence in the state and its institutions;

- Promotion of competent professionals in the civil service;

- Creating conditions for the integrity of persons performing public functions.

The law states the achievement of the above objectives:

- Prevention, detection, suppression and detection of offenses related to corruption;

- Elimination of the consequences of corrupt law Offences and bring the perpetrators to justice.

The system of principles - in general one of the attributes of mandatory law. Legal principles recognized in the event that they are registered (fixed) in a legal act. Legal principles - basic ideas, the initial start, the underlying build relationships in

any sphere of life and activity of the State governed by the rule of law.

The term " principle" comes from the Latin «principalis», which means " master". Collegiate " principle" - a 1) primary, the starting position of any theory, doctrine, etc.; 2) an inner conviction, looking at things, define the behavior; 3) The base unit of something.

Appeal to the law of the Republic of Kazakhstan «Аbout fighting corruption» (Article 5) suggests that the relationship in the activities of the Anti-Corruption carried out on the basis of the following thirteen principles:

1) equality of all before the law;

2) providing a clear legal regulation of activity of state bodies, legality and transparency of such activities, the state and public control over it;

3) improvement of the structure of the state apparatus, personnel management and procedures addressing issues affecting the rights and legitimate interests of individuals and legal entities;

4) priority to protecting the rights and lawful interests of individuals and legal entities, as well as socio-economic, political and legal, organizational and administrative systems of the State;

5) recognition of the admissibility of restrictions on the rights and freedoms of officers and other persons authorized to perform state functions and persons equated to them, in accordance with paragraph 1 of Article 39 of the Constitution of the Republic of Kazakhstan;

6) providing the state of social and legal protection of civil servants;

7) restoration of violated rights and lawful interests of individuals and legal entities, the elimination and prevention of harmful effects of corruption offenses;

8) To ensure personal safety and to encourage citizens, assisting in the fight against corruption offenses;

9) the protection of the state rights and legitimate interests of persons authorized to perform state functions and persons equated to them, the establishment of these individuals wage (cash allowance) and incentives to ensure these persons and their families a decent standard of living;

10) inadmissibility of delegating authority to the state regulation of business legal entities and individuals engaged in such activities, as well as control and supervision over it;

11) The implementation of operative-search and other activities in order to identify, disclose, suppression and prevention of crimes related to corruption, as well as application in accordance with the law of special financial control measures to prevent the legalization of illegally amassed cash and other assets;

12) imposing a ban for persons authorized to perform state functions, to engage in business activities, including paid employment positions in management bodies of business entities, except for cases when the activity of such a post provided statutory duties;

13) ensuring public control and the formation of an atmosphere of intolerance in the society to manifestations of corruption.

2. Measures preventing corruption offenses under the Law of the Republic of Kazakhstan «About fighting corruption»

In order to prevent (the prevention of) corruption offenses in the Law of the Republic of Kazakhstan fixed the system of legal measures that are required for the implementation and accounting in the process of legislation, the implementation of an activity within the statutory functions, restructuring and reforming the police and special state bodies and agencies public administration in general.

As such measures in the law «About fighting corruption» provides as follows.

1. Legislative establishment (Article 8) of special restrictions, compliance with which is mandatory during the passage of the civil service.

This provision is duplicated in a number of other laws of the Republic of Kazakhstan. For example, the Law of the Republic of Kazakhstan " On state service" civil servant shall not engage in business activities.

Officers authorized to perform state functions and persons equated to them, shall, within one month after the entry to the post in trust the property, which previously belonged to it and used it to produce income.

2. The establishment of financial control measures (Article 9) to the citizens of Kazakhstan, which is a candidate for public office or positions related to the implementation of public or equivalent functions.

Such persons are obliged to submit to the tax authority at the place of residence declaration and income and property subject to taxation, including objects located in a foreign country (for example, real estate in the form of apartments, houses, farms, buildings, etc.), as well as information about All deposits in any currency and securities.

Failure to provide the required information, or submitting false information is grounds for termination of public service for such a public servant.

3. Establishment of special restrictions for officials and other persons authorized to perform state functions and persons equated to them (Article 10).

Thus, the categories of persons named are prohibited from engaging in any other paid activities, except for teaching, scientific and other creative activities. This provision is constitutional and legal basis (Article 79 of claim 4, 3 of Article 52, Article 43 of the Constitution of the Republic of Kazakhstan).

4. Prohibition of the joint services of close relatives or spouse (wife) to officials and other persons authorized to perform state functions and persons equated to them (Article 11).

As close rostvennikov are: parents, children, adoptive parents, adopted children, full and half brothers and sisters, grandparents and grandchildren.

5. Establishment of a list of offenses that create conditions for corruption, and responsibility for them (Article 12).

For such offenses, for example, are recognized: improper interference in the activities of other state bodies, institutions'; demand from individuals or legal entities of information, the provision of which these persons are not provided by the legislation; participation in gambling money or other property-related with higher or lower or being with them in a different, depending on the service or the officials; apparent obstruction of natural or legal persons in the exercise of their rights and legitimate interests, etc. Total provided 15 types of offenses.

Main conclusions:

1. Law of the Republic of Kazakhstan «About fighting corruption» is the basis for the law regarding the principle of anti-corruption in the system of sources of domestic law.

2. The provisions of the Law of the Republic of Kazakhstan «About fighting corruption» are binding on all officials and other persons performing public functions and persons equated to them.

3. These requirements are fixed and developed in sectoral legislation (administrative, criminal, and others.).

4. The Law of the Republic of Kazakhstan «About fighting corruption» provided the objectives and ways to achieve them; principles of the legal relationship in relation to the goals and objectives of the anti-corruption policy; formulate measures aimed at the prevention of corruption offenses; the perpetrators of corruption offenses and offenses that create conditions for corruption.

Questions for self-control:

1. What is the main purpose of the Law «About fighting corruption»?

2. What are the ways to achieve these goals?

3. What is the purpose of the principles of the Law «About fighting corruption»?

4. What are the measures to prevent corruption offenses provided by the Law of RK «About fighting corruption»?

Recommended reading:

1. Мауленов Г.С. Законодательство Республики Казахстан о противодействии коррупции: Альбом схем. – Астана. – 2011.

2. Комментарий к Закону Республики Казахстан «О борьбе с коррупцией». – Астана: ТОО «Издательство «Норма-К». – 2012.