MEETING ON THE INADMISSIBILITY OF RECEIVING ILLEGAL REMUNERATION

On 12 December, a meeting was held with the employees of Astana Venue Management LLP on the topic “Establishing facts of accepting material remuneration, gifts or services for actions (inaction) in favour of other persons”.

D.A. Yakupov, the partnership’s compliance officer, explained once again that accepting remuneration, gifts or services for actions (inaction) in favour of other persons is a criminal offence and is prosecuted by law.

In particular, Article 366 of the Criminal Code provides:

1. Receipt by a person authorised to perform state functions, or a person equated to them, or a person holding a responsible public position, or an official, as well as an official of a foreign state or international organisation, personally or through an intermediary, of a bribe in the form of money, securities, other property, property rights or benefits of a property nature for themselves or other persons for actions (inaction) in favour of the bribe-giver or persons they represent, if such actions (inaction) are within the official powers of this person, or if by virtue of their official position they can facilitate such actions (inaction), as well as for general patronage or connivance –

is punishable by a fine of twenty to fifty times the amount of the bribe or imprisonment for up to five years, with confiscation of property and a lifetime ban on holding certain positions or engaging in certain activities.

2. The acts provided for by part one, committed on a significant scale, as well as receiving a bribe for illegal actions (inaction) –

are punishable by a fine of fifty to sixty times the amount of the bribe or imprisonment for three to seven years, with confiscation of property and a lifetime ban on holding certain positions or engaging in certain activities.

3. The acts provided for by parts one and two, if they are committed:

1) by extortion;

2) by a group of persons by prior conspiracy;

3) on a large scale;

4) repeatedly, –

are punishable by a fine of sixty to seventy times the amount of the bribe or imprisonment for seven to twelve years, with confiscation of property and a lifetime ban on holding certain positions or engaging in certain activities.

4. The acts provided for by parts one, two or three of this article, if they are committed by a criminal group, as well as on a particularly large scale, –

are punishable by a fine of seventy to eighty times the amount of the bribe or imprisonment for ten to fifteen years, with confiscation of property and a lifetime ban on holding certain positions or engaging in certain activities.

In this regard, receiving gifts or services from current or potential counterparties, such as suppliers of goods, works or services, as well as from tenants of premises, is unacceptable. It does not matter whether these gifts are given for specific actions in favour of the givers or are presented as traditional gifts for upcoming holidays.

At the end of the discussion, D.A. Yakupov, compliance officer of the anti-corruption service, reminded everyone that he is ready to provide advice on all issues related to the proper fulfilment of anti-corruption legislation.