Corruption risks and corruption violations are often perceived as the same thing, although from a legal standpoint they are fundamentally different concepts. Lawyer Lola Vrublevskaya of the Zhambyl Regional Bar Association explained where the line is drawn.
According to the International News Agency Kazinform, the lawyer stated that corruption risks are a potential threat of a violation, that is, a situation in which the possibility of abuse exists.
“For example, if transparent criteria are absent during recruitment, or if an official has a conflict of interest. A risk can be considered a situation where one person combines the functions of customer and executor, or when procurement is carried out without a tender. In such a situation, one employee may act legally, while another may give in to temptation and take advantage of their position,” the statement reads.
Corruption violations are already instances of unlawful action or inaction. This includes:
- hiring a relative without a tender;
- violating deadlines or rules of public procurement;
- signing documents with false data;
- undeclared conflict of interest.
Vrublevskaya gives an example: if bonuses are distributed in an organisation without clear rules, this is a risk. If the bonuses were received only by the manager's relatives, this is already a violation that may entail disciplinary or criminal liability.
“It is important to understand that a corruption risk in itself is not an offence. But if it is not addressed in a timely manner, it can first develop into a violation, and then into criminal liability. Therefore, not only the law, but also the internal culture of the organisation, the transparency of processes, and the control system play a key role here,” the lawyer emphasises.
The expert recommends:
- documenting suspicious situations with official memos or notes in correspondence;
- informing management about potential risks;
- not remaining silent if possible violations are noticed — otherwise, this may be regarded as complicity or inaction.
“In conditions where anti-corruption policy is becoming increasingly transparent, protecting one’s own legal position is not only a duty but also an element of personal professional security,” Vrublevskaya concluded.