Theory and practice of criminal law combating corruption in the Republic of Kazakhstan
| DOI | https://doi.org/10.1108/JFC-11-2021-0250 |
| Published date | 30 December 2021 |
| Date | 30 December 2021 |
| Pages | 238-253 |
| Subject Matter | Accounting & finance,Financial risk/company failure,Financial crime |
| Author | Nursulu Zh. Siubayeva,Aigul M. Kalguzhinova,Darkhan O. Ozbekov,Saule S. Serikbayeva,Kamshat S. Amirbek |
Theory and practice of criminal
law combating corruption in the
Republic of Kazakhstan
Nursulu Zh. Siubayeva
Department of Legal Disciplines, Bolashaq Academy, Karaganda, Kazakhstan
Aigul M. Kalguzhinova and Darkhan O. Ozbekov
Department of Criminal Law, Process and Criminalistics,
Academician E.A. Buketov Karaganda University, Karaganda, Kazakhstan
Saule S. Serikbayeva
Department of Theory and History of State and Law,
Academician E.A. Buketov Karaganda University, Karaganda, Kazakhstan, and
Kamshat S. Amirbek
Department of Constitutional and International Law,
Academician E.A. Buketov Karaganda University, Karaganda, Kazakhstan
Abstract
Purpose –In accordance with the country’sprogramme documents, the fight against corruption,defined as
the most importantstrategic priority of the national policy of the Republic of Kazakhstan,acquires consistent
political and legalsupport. The purpose of this paper is to study the criminal lawcombating corruption in the
Republicof Kazakhstan.
Design/methodology/approach –In this paper, the methods of historicalanalysis of the current legal
provisions,analysis of the compositions of malfeasancesand synthesis were used.
Findings –This study considered the main historical stages and aspects of the development of modern
legislationof criminal liability for corruption offences.The authors of this study provided soundproposals for
improvingthe current legislation of the Republic of Kazakhstan.
Originality/value –This paper argues the need to develop corruptology as an independent
interdisciplinaryscientific area, the subject of which would be corruptionas a political, sociological, economic,
legal and criminological phenomenon; features of corruption and combating it throughout the history of
state–legalrelations.
Keywords Prevention of corruption, Legal provisions, Anti-corruption legislation,
Corruption offences, Public service
Paper type Research paper
Introduction
In accordance with the country’s programme documents, the fight against corruption,
defined as the most important strategic priority of the national policy of the Republic of
Kazakhstan, acquiresconsistent political and legal support. The public danger of corruption
is manifested in:
its general recognition as one of the main sources of threats to the national security
of Kazakhstan;
JFC
30,1
238
Journalof Financial Crime
Vol.30 No. 1, 2023
pp. 238-253
© Emerald Publishing Limited
1359-0790
DOI 10.1108/JFC-11-2021-0250
The current issue and full text archive of this journal is available on Emerald Insight at:
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reducing the efficiency of public administration, the investment attractiveness of the
country;
providing a destructive impact on the sustainable socio-economic development of
the country; and
violation of the rights and legitimate interests of citizens, society and the state.
Considering the recommendations of the international community, as well as positive
foreign experience, Kazakhstan has developed a comprehensive anti-corruption legislative
framework in a short period of time by historical standards. An unprecedented system of
anti-corruption toolswith preventive rather than punitive (repressive) potential has received
concentrated expression: the Criminal Code of the Republic of Kazakhstan of July 03, 2014
(Criminal Code of the Republic of Kazakhstan,2014), the Code of the Republic of Kazakhstan
on Administrative Offences of July 05, 2014 (Code of the Republic of Kazakhstan on
administrative offenses, 2014), the Law of the Republic of Kazakhstan “On Combating
Corruption”of November 18, 2015 (3), the Anti-Corruption Strategy of the Republic of
Kazakhstan for 2015–2025, approved by the Decree of the President of the Republic of
Kazakhstan of December 26, 2014 (Decree of the President of the Republic of Kazakhstan,
2014). The national legislation on the civil service, the judicialsystem and law enforcement
agencies has a pronounced anti-corruption nature. This study is novel in thatit generalised
legislative, theoretical and practical material relating to the criminal law counteraction to
corruption offencesin the Republic of Kazakhstan.
The historical analysis of the current legal provisions was of great importance in the
construction of Kazakhstan as a rule of law state. Considering that the differences in the
periodisation of the history of nationallegislation are noted not only in the time parameters
of differentiation but also in their assessment, the authors of this study traced the
improvement of anti-corruption legislation through the texts of criminal laws that were in
force on the territory of the country. Among the first sources that noted the self-serving
abuses of officials, it is necessary to mention the Code of Criminal and Correctional
Punishments of 1845. Section5 of the Code “On Crimes and Misdemeanours in the State and
Public Service”stipulated liability for two types of bribery –“venality”and “extortion”
(Code of criminal and correctionalpunishments, 1845).
The next stage in the development of national criminal legislation is associated with the
establishment of Soviet power on the territory of Kazakhstan. Therewith, criminal
legislation in 1917–1921 was implemented by issuing decrees on combating the most
dangerous crimes and including criminal law provisions in regulations concerning other
branches of law. Thus, the Decree of the Council of People’s Commissars of the Russian
SFSR “On Bribery”of May 8, 1918 established the responsibility of persons who are in the
state or public service in the Russian SFSR
[...] for performing an action that falls within the scope of their duties, or for assisting in the
performance of an action that is the duty of an official of another department (CPC RSFSR decree
«On bribery», 1918).
At the same time, work commencedon the codification of criminal legislation.
The state and trends in the development of anti-corruption criminal legislation
of the Republic of Kazakhstan
The historical aspect of the development of provisions stipulating criminal liability for
malfeasances is givenbelow (Table 1).
Theory and
practice of
criminal law
239
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