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A gift is also a bribe

A gift qualifies as a tangible or intangible thing, presented free of charge and without mercenary motives.

A bribe is a bribe or reward for any action, as well as actions under the influence of extortion.

Subparagraph 4) paragraph 1 and paragraph 5 of Article 12 of the Law of the Republic of Kazakhstan On Combating Corruption (dated November 18, 2015 No. 410-V ZRK) states: In order to prevent persons holding a responsible public position, persons authorized to perform public functions, persons equated to them (with the exception of candidates for the President of the Republic of Kazakhstan, deputies of the Parliament of the Republic of Kazakhstan or maslikhats, akims of districts, cities of regional significance, cities of district significance, towns, villages, rural districts, as well as members of elected bodies of local self-government), officials persons, as well as persons who are candidates authorized to perform the specified functions (hereinafter referred to as an official), committing actions that may lead to the use of their powers in personal, group and other non-official interests, assume anti-corruption restrictions:

  • Acceptance of material remuneration, gifts or services for actions (inaction) in favor of the persons who provided them, if such actions are within the official powers of officials;
  • Family members of the said persons are not entitled to receive material remuneration, gifts or services provided for the actions (inaction) of this person in favor of the persons who provided material remuneration, gifts or services, if such actions (inaction) are within the official powers of this person or it is in force of his official position may contribute to such actions (inaction).
If you are offered a bribe or extorted, the Criminal Code of the Republic of Kazakhstan (hereinafter referred to as the Criminal Code of the Republic of Kazakhstan) provides for two types of crimes related to bribes: receiving a bribe (Article 366 of the Criminal Code of the Republic of Kazakhstan) and giving a bribe (Article 367 of the Criminal Code of the Republic of Kazakhstan).

It should be noted that in the Criminal Code of the Republic of Kazakhstan, commercial bribery (Article 253 of the Criminal Code of the Republic of Kazakhstan) refers to the illegal transfer of material rewards to a person performing managerial functions in a commercial or other organization, the illegal provision of property-related services to him for the use of his official position, as well as for general patronage bribery. A bribe is often given and taken through intermediaries (Article 368 of the Criminal Code of the Republic of Kazakhstan, Mediation in bribery).

We remind you that the Company's compliance service maintains a hotline for receiving reports of corruption violations, unethical behavior on the part of officials and employees of the Company and SDCs at the email address: compliance.officer@ke.kz and tel.: 8 (7172) 72- 52-52, ext. 1110.

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