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2007 Assessment

Kazakhstan: Integrity Indicators Scorecard

Kazakhstan: Integrity Scorecard Report > Sub-Category: Executive Accountability
Indicators		Score
23	In law, can citizens sue the government for infringement of their civil rights?	100
24	Can the chief executive be held accountable for his/her actions?	56
25	Is the executive leadership subject to criminal proceedings?	100
26	Are there regulations governing conflicts of interest by the executive branch?	59
27	Can citizens access the asset disclosure records of the heads of state and government?	8
28	In practice, official government functions are kept separate and distinct from the functions of the ruling political party.	0

Indicator and sub-Indicator Details

In law, can citizens sue the government for infringement of their civil rights?

23: In law, can citizens sue the government for infringement of their civil rights?

Score:

YES

Comments: People can go to court and start a case if their rights and interests are violated. It means they can sue the government too.

References: Constitution of the Republic of Kazakhstan, Article 76 [ LINK ]

Peer Review Comments: De facto, people cannot sue the state, as no court would accept it.

Can the chief executive be held accountable for his/her actions?

24a: In practice, the chief executive gives reasons for his/her policy decisions.

Score:

100

Comments: The president gives annual addresses. The Cabinet of Ministers and the ministers report to the Parliament. The president gives interviews and internet interviews as well.

References: Report. Freedom House staff. 2006. Country Report - Kazakhstan [ LINK ]

Staff of the Administration of the President President Nursultan Nazarbayev Is Going to Hold an Internet-Conference on June 7, 2007, and to Answer Questions of Users of the Global Network. May 30, 2007 [ LINK ])=en&idn=6&idno=F27EE52A3EA6AF61462572EB0049540C

Peer Review Comments: Policy formation in Kazakhstan on any meaningful issue is opaque.

24b: In law, the judiciary can review the actions of the executive.

Score:

YES

Comments: The Constitutional Council supervises the constitutionality of the actions of the executive. The constitution emphasizes the citizens' right to judicial protection.

References: Constitution of the Republic of Kazakhstan, Articles 71 and 76 [ LINK ]

24c: In practice, when necessary, the judiciary reviews the actions of the executive.

Score:

100

Comments: There is a Constitutional Council with a function to check the constitutionality of executive decisions but it is appointed by the president. The independence of judges on the local level has been strengthened recently, but it is believed they are still dependent upon the executive branch.

References: Report. Freedom House staff. 2006. Country Report - Kazakhstan [ LINK ]

Review Karoly Bard Review of The Constitutional Law of the Republic of Kazakhstan on the Judicial System And the Status of Judges April 12, 2006 [ LINK ]

Peer Review Comments: De facto, there is no oversight or checks by the judiciary, as the judiciary is de facto controlled by the executive.

24d: In practice, the chief executive limits the use of executive orders for establishing new regulations, policies, or government practices.

Score:

100

Comments: The president has the power to rule by decree, but now he doesn't use it as often as before.

References: Report. Freedom House staff. 2006. Country Report - Kazakhstan [ LINK ];

Analytical report Nurbolat Masanov 2002. Presidential Republic of Total Corruption (in Russian) [ LINK ]

Is the executive leadership subject to criminal proceedings?

25a: In law, the heads of state and government can be prosecuted for crimes they commit.

Score:

YES

Comments: However, article 46 states that the president's honor and dignity shall be inviolable.

References: The constitution declares equality of everyone before the law and court Article 14 [ LINK ]

25b: In law, ministerial-level officials can be prosecuted for crimes they commit.

Score:

YES

Comments: There were precedents when some newspapers were suing the minister of Culture, Information and Public Accord.

References: Criminal Code of the Republic of Kazakhstan Article 14, section 2 It is declared that everyone who committed a crime is equal before the law despite their position [ LINK ] (in Russian)

Constitution of the Republic of Kazakhstan, Article 76 grants the right for judicial protection of the rights and interests [ LINK ]

Are there regulations governing conflicts of interest by the executive branch?

26a: In law, the heads of state and government are required to file a regular asset disclosure form.

Score:

YES

Comments:

References: Law On Anticorruption Efforts, Article 9. Financial Control Arrangements

Tax Code of the Republic of Kazakhstan, article 171, section 1 [ LINK ]

Tax Code is available for download from [ LINK ]

26b: In law, ministerial-level officials are required to file a regular asset disclosure form.

Score:

YES

Comments:

References: Law On Anti-corruption Efforts, Article 9. Financial Control Arrangements

Tax Code of the Republic of Kazakhstan article 171, section 1 [ LINK ]

Tax Code is available for download from [ LINK ]

26c: In law, there are regulations governing gifts and hospitality offered to members of the executive branch.

Score:

YES

Comments: Government officials can not take a gift if it is more than 10 times the Monthly Calculation Items (MRP mesyachnyi raschetnyi pokazatel).

References: Civil Code of the Republic of Kazakhstan, article 509 Prohibition of the gifts

Civil Code (Special Part) in Russian [ LINK ]

Peer Review Comments: There have been reprimands for the gross violations of this regulation that occur.

26d: In law, there are requirements for the independent auditing of the executive branch asset disclosure forms (defined here as ministers and heads of state and government).

Score:

YES

Comments: The auditing procedure is formulated very vaguely. There is a criminal liability for false income declaration.

References: Law On Anticorruption Efforts, Article 9. Financial Control Arrangements

[ LINK ]

Peer Review Comments: There is no specialized independent audit authority that would be capable of conducting this.

26e: In law, there are restrictions on heads of state and government and ministers entering the private sector after leaving the government.

Score:

YES

Comments: It is very vaguely formulated. De facto it is almost not regulated, only the use or abuse of the confidential information previously held in state service can be punished.

References: Law on civil service, Article 9 -Main responsibilities of the state official

Peer Review Comments: As identified by the expert, it is not explicit and not enforced.

26f: In practice, the regulations restricting post-government private sector employment for heads of state and government and ministers are effective.

Score:

100

Comments: There are some clauses about confidential information or state secrets obtained while being in the government service. They are prohibited for dissemination after leaving the service. This issue is discussed from time to time because some ministers and top officials have interests in various businesses.

References: Survey. Sophia Isenova Analytical Survey of The Government Officials' Ethics for Their Corruptness (in Russian) July 17, 2006 [ LINK ]

Article in Kazakhstanskay Pravda. Gairat Spargalieyv and Petr Krepak What Kind of Political Elite Is Necessary (in Russian) April 20, 2002 [ LINK ]

26g: In practice, the regulations governing gifts and hospitality offered to members of the executive branch are effective.

Score:

100

Comments: There were a lot of efforts to fight corruption, but it continues on two levels. At the low level officials take bribes because they are underpaid, while at the highest level it is a classical abuse of power. Gifts in both cases are different as well.

References: Survey. Sophia Isenova Analytical Survey of The Government Officials' Ethics for Their Corruptness (in Russian) July 17, 2006 [ LINK ];

Survey. Team of Enterprises survey Featured snapshot report Kazakhstan 2005 [ LINK ]

26h: In practice, executive branch asset disclosures (defined here as ministers and above) are audited.

Score:

100

Comments:

References: Survey. Sophia Isenova Analytical Survey of The Government Officials' Ethics for Their Corruptness (in Russian) July 17, 2006 [ LINK ]

Article in Kazakhstanskay Pravda. Gairat Spargalieyv and Petr Krepak What Kind of Political Elite Is Necessary (in Russian) April 20, 2002 [ LINK ]

Can citizens access the asset disclosure records of the heads of state and government?

27a: In law, citizens can access the asset disclosure records of the heads of state and government.

Score:

YES

Comments: It is available to tax officers, otherwise it is considered as private and confidential information. Tax officers hold the content of the declaration in secret. It can be released to the public if the case is going on to the court on corruption charges. In theory it is possible, but in practice it is hard to imagine. Several times the information on some property or property of close relatives of the head of the state was published in the opposition press.

References: Law on fighting corruption Chapter 2 Prevention of corruption, corruption crimes and responsibility for them Article 9 Measures of financial control [ LINK ]

27b: In practice, citizens can access the asset disclosure records of the heads of state and government within a reasonable time period.

Score:

100

Comments: By law, only tax officers or court authorities have this access. Opposition leaders in 2005 suggested to make the declarations available to the public.

References: Survey. Sophia Isenova Analytical Survey of The Government Officials' Ethics for Their Corruptness (in Russian) July 17, 2006 [ LINK ]

Article in Kazakhstanskay Pravda. Gairat Spargalieyv and Petr Krepak What Kind of Political Elite Is Necessary (in Russian) April 20, 2002 [ LINK ]

27c: In practice, citizens can access the asset disclosure records of the heads of state and government at a reasonable cost.

Score:

100

Comments: In case of criminal proceedings the records can become public.

References: Survey. Sophia Isenova Analytical Survey of The Government Officials' Ethics for Their Corruptness (in Russian) July 17, 2006 [ LINK ]

Article in Kazakhstanskay Pravda. Gairat Spargalieyv and Petr Krepak What Kind of Political Elite Is Necessary (in Russian) April 20, 2002 [ LINK ]

In practice, official government functions are kept separate and distinct from the functions of the ruling political party.

28: In practice, official government functions are kept separate and distinct from the functions of the ruling political party.

Score:

100

Comments: Ruling party Nur Otan and state apparatus work closely with each other. Their relationship goes back to the early stage of party development in the country.

References: Report. Daniyar Ashimbayev To the Elections. Configuration of the Future Kazakhstan Majilis of Four Convocations (in Russian) July 4, 2007 [ LINK ]

News report. Kazakhstan Today "Nur Otan" Consider The Accusations of Using Administrative Resources And Violations of Terms of Electoral Campaign As Ungrounded Ones (in Russian) July 19, 2007 [ LINK ]