Ibraimova Daiana ECO-110 LAW OF KYRGYZ REPUBLIC ON

Ibraimova Daiana ECO-110 LAW OF KYRGYZ REPUBLIC “ON STRUGGLE AGAINST CORRUPTION”

GENERAL INFORMATION Bishkek , March 6, 2003 N 51 In the edition of the Law of KR from February 26, 2009 N 71 This Act is the main legal act for identification, prevention and suppression corruptive offenses, bringing those persons to responsibility, and also defines the legal and institutional basis for struggling against corruption.

ARTICLE 1. CONCEPT OF CORRUPTION Corruption is a selfish act of officials which leads to a violation of functional responsibilities, aims to obtain illegal benefits for stateworkers and others and creates a threat to the interests of society and of the state.

ARTICLE 1. CONCEPT OF CORRUPTION It includes: Bribery, theft, negligence and misappropriation of public and private property by public officials; Conflict of interest for any illegal benefits (privileges , benefits) for stateworkers and others as a result of the informal use of official status.

ARTICLE 2. THE MAIN GOALS Prevention of corruption offenses; Protection of rights, freedoms and interests of society; Restoration of the violated rights and legitimate interests of citizens and legal persons; Security of the state and the effective functioning of government; Strengthening the authority of the state service; To ensure the inevitability of punishment for corruption offenses; Creating conditions to ensure incorruptibility of persons exercising state functions.

ARTICLE 3. SCOPE OF THIS LAW This Law operates throughout the territory of the Kyrgyz Republic in respect to citizens and legal entities of the Kyrgyz Republic as well as to foreign citizens and stateless persons on the territory of the Kyrgyz Republic. Outside the territory of the Kyrgyz Republic, this Law is applicable to individuals and legal entities of the Kyrgyz Republic.

ARTICLE 4. LEGAL REGULATION IN THE AREA OF CORRUPTION In the Kyrgyz Republic, anti-corruption issues are regulated on the basis of Constitution of the Kyrgyz Republic by this Law, by other legal acts and international treaties of the Kyrgyz Republic. Disciplinary, administrative, civil and criminal responsibility is applied to the procedure and conditions stipulated by the legislation of the Kyrgyz Republic.

ARTICLE 5. THE BASIC PRINCIPLES - Provision of rights and freedoms of man and citizen written in the Constitution of the Kyrgyz Republic; - The equality of all in front the law; - An unacceptability of discrimination, violation of rights and freedoms on the grounds of origin, sex, race, nationality, language, religion, political or religious beliefs, or any other circumstances of a personal or social nature; - Restoring of violated rights and lawful interests of individuals and businesses, the elimination of other harmful effects of the offenses related to corruption; - The protection of honor, dignity and business reputation of the person and the citizen; - Provision of the legal regulation of the system of state power, legality and openness of their activities, the state and public control over it;

ARTICLE 6. THE SUBJECTS OF CORRUPTION OFFENSES All state servants who have committed corruption. Citizens operating in the municipal service, heads of institutions, organizations and enterprises, which are financed from the state budget or in the authorized capital of which there is a state share who committing corruption offenses Citizens who providing state workers with privileges and other kinds of goods.

ARTICLE 7. AUTHORITIES ENGAGED IN THE FIGHT AGAINST CORRUPTION The fight against corruption within the competence are required to carry out all public authorities and public officials. The heads of ministries, state committees, administrative departments, local authorities and legal persons as well as citizens and assisting authorities have to provide the necessary assistance in the fight against corruption. Detection, prevention and suppression of corruption offenses and the involvement of those responsible for committing them to justice within its competence made by law enforcement.

ARTICLE 8. COVERAGE IN THE MEDIA OF CORRUPTION OFFENSES The media form civil position, aimed at the prevention and prophylaxis of corruption, creating an environment of moral purity and legal culture in public and municipal services. Public authorities through the media inform the public on the facts of corruption. This information is available in the same media where it was originally released. Information provided to the media, should confirm or deny the fact of the nature of corruption.

ARTICLE 9. SECURITY OF PERSONS HAVING ASSISTANCE Person reporting corruption or otherwise assisting in the fight against corruption, is protected by the state. Information about the person assisting the fight against corruption is a state secret and is only allowed on written request of state bodies responsible for combating corruption, or the court in accordance with the legislation of the Kyrgyz Republic. Person reporting false information about the facts of corruption, is responsible in accordance with the legislation of the Kyrgyz Republic.

ARTICLE 10. SPECIAL REQUIREMENTS FOR PERSONS APPLYING FOR STATE SERVICE Citizens of the Kyrgyz Republic, applying to public service, voluntarily assume the present Law and other regulations limiting to prevent corruption offenses. However, they are notified of the legal consequences of the prohibited action. Adoption restrictions reflected in a written commitment. The failure of the restrictions (in whole or in part) entails the denial of employment in the state service.

ARTICLE 11. FINANCIAL CONTROL Citizens of the Kyrgyz Republic, claiming on the public service are giving to the appropriate state tax authorities details of all income and assets belonging to them by right of ownership, including the right to claim the property. State servants and citizens operating in the municipal service, heads of institutions, organizations and businesses whose activities are financed from the state budget, or in the authorized capital of which there is a state share, at opening of personal accounts in banks or financial institutions of the Kyrgyz Republic or a foreign state must within three days notify tax authorities in the community room of their accounts and details of the institution. Failure to provide such notice shall result the liability in accordance with the legislation of the Kyrgyz Republic. Coming to the tax office information provided in this article is an official secret. Persons who spread abroad this information shall bear responsibility in accordance with the legislation of the Kyrgyz Republic.

ARTICLE 12. ACTIVITIES THAT ARE NOT COMPATIBLE WITH THE PERFORMANCE OF STATE EMPLOYEES State servants are prohibited from: Engaging in other paid activities, exception for teaching, scientific research and creative work; Engaging in personal business activities, as well as using their position to promote the individual and legal persons in the exercise of business activities to obtain a reward in any form; To be representative for the third parties in the public authority to which they are in the service or who is directly subordinate to them or under the control; To use for unofficial means logistical, financial, and information management, service vehicles, other state property and proprietary information; - Receive from individuals and businesses payment in the form of gifts, money, and services for the implementation of the acts or omissions relating to the performance of official authority; - Participate in strikes, demonstrations and other actions to hinder the functioning of state bodies and public servants implementation of power.

ARTICLE 12. ACTIVITIES THAT ARE NOT COMPATIBLE WITH THE PERFORMANCE OF STATE SERVANTS A state employee who has a share in the authorized capital of commercial organizations or other property used to produce income, a month after the entry into public office for the time required to find it in the public service to transfer these shares and property in accordance with the legislation in trust. State employees engaged in activities prohibited by this law and the law on public service, taking responsibility and are released from office in accordance with the legislation of the Kyrgyz Republic.

ARTICLE 13. OFFENSES THAT CREATE CONDITIONS FOR CORRUPTION AND RESPONSIBILITY FOR IT The use of state employees’ powers in matters affecting their own interests, the interests of the family or cousins; Providing unintended benefits of the law to face during entering and advancing this person to the public service; Undue preferences of individuals and legal entities in the preparation and decision making; Unreasonable refusal to individual and legal persons in the information that may be provided by regulations and legislation, failure of delivery or transmission of false or incomplete information; Violation of the legal order of consideration of physical and legal persons’ issues; Giving of gifts, providing material and other benefits, the provision of services off-duty superior officials, except for symbolic courtesies and symbolic gifts during protocol and other public events.

ARTICLE 14. CORRUPTION OFFENSES The adoption for performance of duties in the interests of individual and legal persons of any remuneration in the form of money, services from organizations in which a person does not perform Acceptance of gifts in connection with the performance of their duties, except for symbolic gifts in accordance with generally accepted standards of courtesy or protocol and other official events Acceptance of invitations for domestic and foreign travel, health and recreational and other trips The use for personal, group, and other off-duty benefit available (transport and communications, computer technology, cash, real estate and other assets)

ARTICLE 15. LIABILITY OF INDIVIDUALS AND LEGAL PERSONS FOR UNLAWFUL PAYMENT OF REMUNERATION TO THE PERSONS AUTHORIZED TO PERFORM FUNCTIONAL DUTIES Citizens and leaders of legal entities who have provided to public employees illegal material compensation , gifts, benefits or services bear administrative liability in accordance with the legislation of the Kyrgyz Republic.

ARTICLE 16. RESPONSIBILITY FOR ILLEGAL BUSINESS AND RECEIPT OF ILLEGAL INCOME BY STATE AUTHORITIES, LOCAL GOVERNMENT AND LEGAL ENTITIES Session of state agencies, local governments and entities in business outside of their assigned functions of legislation or the adoption of the material, and any other goods and services involves bringing to administrative responsibility of the heads of these bodies in accordance with the legislation of the Kyrgyz Republic

ARTICLE 17. RECOVERY OF ILLEGALLY ACQUIRED ASSETS OR THE VALUE OF ILLEGALLY PROVIDED SERVICES In cases of illicit enrichment as a result of corruption offenses received property is a subject to treatment, and the cost of illicit services – to confiscation of profits by a court on the basis of existing legislation. If the person who committed the offense of corruption refuses to surrend voluntarily illegally obtained property or to pay the state the cost or value of the services received illegally, the property or the corresponding value may be seized by the court in favor of the state at the suit of law enforcement.

ARTICLE 18. THE RESPONSIBILITY OF HEADS OF STATE ORGANS, LOCAL AUTHORITIES AND LEGAL ENTITIES FOR FAILURE TO STRUGGLE AGAINST CORRUPTION Heads of state agencies, local governments and entities that do not apply to actions within its powers under this Act in respect of subordinate persons guilty of offenses related to corruption or to use these measures in violation of this Act, shall be punished by a court in administrative order to report police

ARTICLE 19. CONTROL AND SUPERVISION OVER THE IMPLEMENTATION OF THIS ACT Appropriate committees and commissions of Jogorku Kenesh monitor the enforcement of this Act. Supervision of the correct and uniform application of this Act shall be exercised by the Prosecutor's Office of the Kyrgyz Republic within the limits of their competence. (As amended by the Law of KR from February 26, 2009 N 71)

ARTICLE 20. THE ENTRY INTO FORCE OF THIS ACT This Law enters into force on the date of publication. Government of the Kyrgyz Republic in the sixmonth period has , in the prescribed manner, to put for Parliament of the Kyrgyz Republic the relevant bills arising from this Act.

President Passed of the Kyrgyz Republic A. Akaev by the Legislative Assembly Of Jogorku Kenesh on January 30, 2003

REFERENCES http: //www. mvd. kg/index. php? option=com_co ntent&view=article&id=105%3 A 2009 -08 -1013 -29 -37&catid=20%3 A 2009 -08 -07 -12 -4743&Itemid=44&lang=ru http: //online. toktom. kg/