Legal aspects of countering corruption in the quasi-public sector

Поласова Акнур Сахаевна

Магистр, специалист по закупу

ТОО «Электровоз курастыру зауыты»

For 30 years, the issue of combating corruption in state bodies has been acute in the Republic of Kazakhstan. One of the first fundamental reasons for the manifestation of corruption at the origins of the construction of a new young state were the «raw» legislative framework, which required the improvement of regulatory legal acts; low level of security of citizens and high inflation, which was manifested by the «demoralization» of civil servants.

It is known that a high level of corruption disorganizes the management activities of the state, undermines the authority of state bodies, creates social tension in society, leads to a significant violation of the rights and legitimate interests of citizens, hinders the development and implementation of progressive initiatives, proposals, decisions, negatively affects the development of the economy, the welfare of the population, and, importantly, the country’s defense capability. In this regard, corruption should be fully provided with regulatory legal acts for its prevention, detection and prevention. It should be emphasized that the focus of criminal law policy on a preventive nature can significantly mildly and extensively affect the reduction of corruption. This is due to the fact that it is impossible to identify and bring to criminal responsibility the majority of corrupt officials, especially at the lower and middle levels. The State simply does not have the necessary resources to achieve this goal. Preventing corruption crimes is a difficult, but more realistic goal. Moreover, without rejecting the purpose of special prevention of corruption crimes, special attention should be paid to achieving the goal of general prevention of the acts in question. The fear of severe criminal punishment, without exaggerating its significance, shows a certain preventive effect on some officials prone to corruption. Thus, according to the Anti-Corruption Agency of the Republic of Kazakhstan, the number of corruption crimes has a decreasing trend, in general, the number of corruption facts registered in Kazakhstan decreased by 29%.

Here, an important place is also occupied in the prevention of corruption – anti-corruption expertise, anti-corruption research by responsible authorities, as well as civil society institutions, represented by the media, which contribute to the detection and prevention of corruption crimes in modern conditions.

It is also important that, defining corruption as a subject, society should understand that this is a manifestation of human greed, deviation from one’s conscience, deliberate elevation of one’s official duties, infringement of the rights of another person, desecration of the reputation of a state body. In addition to bringing to criminal responsibility, the committed crime must be condemned by society. It should be noted here that in the Criminal Code there are no such motives as the desire of an official to benefit from a non-material nature, due to such motives as careerism, nepotism, the desire to embellish the actual situation, to receive mutual service, to enlist support in solving any issue, to hide his incompetence. For the most part, the Criminal Code of the Republic of Kazakhstan contains only the general provision «by a person using his official position».

The criminal law policy on combating corruption should closely interact with other areas of combating this negative antisocial phenomenon, in particular, administrative and legal policy in this area.

It should be noted that the Administrative Code of the Republic of Kazakhstan contains a fairly large number of norms establishing responsibility for corruption offenses (see Articles 676, 677, 678, 679). These norms have a preventive orientation, prevent the commission of corruption crimes.

Logically, the concept of subjects of corruption acts involving both criminal and administrative responsibility should coincide, but in reality the situation is different.

Comparison of the concepts of officials given in Article 26 of the Criminal Code of the Republic of Kazakhstan and Article 28 of the Administrative Code of the Republic of Kazakhstan shows that they do not coincide. For example, in Article 28 of the Administrative Code of the Republic of Kazakhstan (Administrative responsibility of officials), there is no mention that officials can perform the functions of a government representative or perform organizational and administrative or administrative functions in state bodies, local self-government bodies, as well as in the Armed Forces of the Republic of Kazakhstan, other troops and military formations of the Republic of Kazakhstan.

Of course, such differences in the concepts of officials do not contribute to the effectiveness of the fight against corruption.

Approaches should be unified and coordinated, which should be reflected in the content of criminal and administrative legal norms.

Summarizing the above, we note that the prevention of corruption, its manifestations should be aimed primarily at eliminating the causes and conditions of its occurrence. This requires the efforts of all sectors of society. On the part of public authorities, this is an activity to prevent and eliminate corruption-causing factors in legislation, to ensure activities aimed at improving the level of legal culture in society; on the part of civil society institutions — increasing the degree of conscious participation of citizens and organizations, regardless of ownership forms, in anti-corruption measures that are an integral part of public control, the formation of anti-corruption behavior in society.

List of sources used:

1. Criminal Code of the Republic of Kazakhstan dated July 3, 2014 No. 226-V ZRK (with amendments and additions as of 03/02/2022), Art.189-2.3, Art.190-2.3, 218-1.3, Art.234-1.3.

2. Code of the Republic of Kazakhstan on Administrative Offenses dated July 5, 2014 No. 235-V (with amendments and additions as of 02.03.2022) Articles 676, 677, 678, 679

3. Borovikov V. B., Borovikova V. V. Criminal and legal aspects of combating corruption in modern conditions// Journal «Problems of Economics and legal practice». 2017, pp.164-166.

4. Cherepanova E.V. Legal aspects of preventing corruption offenses // Journal of Russian Law No. 10. 2015, pp.89-92.

5. Gazizova O.V. Improvement of anti-corruption legislation // Scientific and educational journal for students and teachers «StudNet». No.2/2022. p. 1182.

6. Alexandrov A.I. The fight against corruption: topical issues of criminal law, criminal procedure and ORDO // Russian justice. 2018. No. 4. pp. 49 — 52.

7. National Report on Combating Corruption for 2021 (Agency of the Republic of Kazakhstan for Combating Corruption (Anti-Corruption Service), 2022) (zakon.kz ).