White-Collar Crimes In Kazakhstan

"The more corrupt the state, the more numerous the laws" - Tacitus, The Annals of Imperial Rome.

Kazakhstan is the Post-Soviet country which is facing and struggling with the corruption heavily. On the initial stages of its independence, Kazakhstan severely stressed the question of corruption. The state adopted several laws, codes and decrees aiming to eliminate the white collar crimes in Kazakhstan.

The annual Presidential address to state and its citizens always mentions anti-corruption issues and contribute to increase of public awareness on this matter. Anti-corruption measures are taken not only on country level, but on international level as well. The membership in the International Anti-Corruption Academy, ratification of UN Convention against Corruption and adoption of legislation for accurate implementation of Convention provisions are good examples.

Moreover, in 2014 Kazakhstan has developed and adopted the anti-corruption strategy for 2015-2025. Despite of all the measures taken to eliminate the corruption, Transparency International ranked Kazakhstan 140 out of 177 in Corruption Perceptions Index 2013, which means that the fight is still on the run.

In order to have a better understanding of the nature of bribe under the Kazakh law it is necessary to take a better look at the laws in the state itself.

In general, Kazakh law recognizes bribing or accepting bride as a criminal offence. In addition, the Supreme Court of Kazakhstan in its Decree No.9 dated 22 December 1995 clarifies the bribery as following:

"obtaining certain benefits by the bribe giver from the public official's performance or non-performance of certain actions"

The Criminal Code defines a bribe in a following way:

↓ GIVING TO

a person authorized to perform state functions, or a person of equal ranking, ↓ EITHER

directly, or through an intermediary, ↓ OF A BRIBE IN THE FORM OF

money, securities, or other property, title to property, or proprietary benefits for actions, or omission to act ↓ IN FAVOR OF

the briber, or persons represented by him/her, if such actions (failures) are covered by the authority of the office of a person authorized to perform state functions, or a person of equal ranking, or if he/she by virtue of the authority of his/her office may contribute to such actions (failures).1

Public Bribery

Public bribery is an offence committed by the state officials. State official is a citizen of Kazakhstan holding a position (payable from the state or local...