Mazhilis deputies have approved in the first reading a draft law introducing criminal liability for demanding, promising, or offering a bribe.
According to «ZTB NEWS», the authorities believe this approach will help prevent corrupt actions at the negotiation stage.
«Furthermore, the liability of legal entities for involvement in corruption offences is being strengthened. Instead of fixed fines, sanctions ranging from 30 to 60 times the bribe amount are being introduced, depending on its size», the statement reads.
In turn, Mazhilis deputy Sergei Ponomarev expressed concern about the new norm, which could toughen the punishment for ordinary citizens for acts of corruption.
«It's no secret that our citizens often encounter petty corruption, and any issue in our country can be solved with money. At universities, lecturers demand a bribe for a good grade. In clinics, for quality treatment. Even in the banking sector, to get a loan, especially a concessional one, it's unavoidable», Ponomarev stated.
He noted that under the draft law, criminal liability could be introduced not only for civil servants.
«Liability rests with both the taker and the giver. So even giving a tip could be presented as a crime — you gave a tip, you get prosecuted for a bribe. Won't there be excesses? In which case is giving a reward legal, and in which is it illegal?», the Mazhilis member questioned.
Head of the Department for Coordination of Rule-Making Activities of the Prosecutor General's Office, Albina Mautova, replied that the operation of the new law will be seen in practice.
«Our relations between employees and employers are regulated by labour legislation. Every private sector organisation has its own corporate governance acts, and there is also sector-specific legislation. And if these acts provide for the possibility of some incentive measures — rewards and bonuses, then this will not fall within the orbit of the criminal legal sphere. But if it is in sector-specific legislation, especially in socially significant functions, then this will constitute the elements of a crime under the new article», Mautova replied.
She noted that all this will help foster a culture of intolerance towards all manifestations of corruption in society.
According to Tengrinews.kz, at the same time, First Deputy Chairman of the Anti-Corruption Agency Ulan Sarkulov explained what amount would distinguish a bribe from a simple token of gratitude under the new draft law.
«So we say, even if you sat in a cafe and gave a tip. That's also gratitude. There are no questions about that. You're not demanding anything in return. But when there is a causal connection, you go to a doctor, the person is genuinely ill, they genuinely need some rehabilitation or surgery, the doctor tells them: 'Sorry, you're 25th on the portal, there are people ahead of you.' He tells him: 'Well, can't this issue be resolved...' Here, of course, questions arise. Accordingly, the offer, promise, or demand of a bribe – this should not exist for society», Ulan Sarkulov replied.
According to him, any amount exceeding 2 MCI (7864 tenge) will be considered a bribe if «there is a causal connection».