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2007 Assessment

Kazakhstan: Integrity Indicators Scorecard

Kazakhstan: Integrity Scorecard Report > Sub-Category: Legislative Accountability
Indicators		Score
29	Can members of the legislature be held accountable for their actions?	83
30	Are there regulations governing conflicts of interest by members of the national legislature?	50
31	Can citizens access the asset disclosure records of members of the national legislature?	17
32	Can citizens access legislative processes and documents?	100

Indicator and sub-Indicator Details

Can members of the legislature be held accountable for their actions?

29a: In law, the judiciary can review laws passed by the legislature.

Score:

YES

Comments:

References: Constitution, Part 6 - Constitutional Council, Article 7 [ LINK ]

29b: In practice, when necessary, the judiciary reviews laws passed by the legislature.

Score:

100

Comments:

References: Article. A. Kotov Interpretation of the Constitution and Forming Precedent Constitutional Law (in Russian) March 21, 2003 [ LINK ];

Decisions of the Constitutional Council. 2003. Considering the laws adopted by Parliament with respect to their compliance with the constitution of the Republic of Kazakhstan [ LINK ]

Peer Review Comments: The judiciary is not an effective check on the executive or the legislature.

29c: In law, are members of the national legislature subject to criminal proceedings?

Score:

YES

Comments: In general, Parliament should give a consent for criminal prosecution of it members. However if the member is caught at the place of crime, or in case of charges of hard crimes this consent is not necessary. Civil cases do not require the consent of the Parliament either.

References: Decree of the president on Parliament on the statute of its members, Oct. 16, 1995, Part 5, article 32 (in Russian) [ LINK ])=ru

Are there regulations governing conflicts of interest by members of the national legislature?

30a: In law, members of the national legislature are required to file an asset disclosure form.

Score:

YES

Comments: The contesters for the seats in the Parliament are required to file these declarations to the Central Electoral Committee.

References: Law on Elections. Part 2, in particular Chapter 12. Elections of the deputies of Majilis of Parliament of Kazakhstan Article 89 Registration of the candidates to the Majilis deputies. [ LINK ]

30b: In law, there are restrictions for national legislators entering the private sector after leaving the government.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there are regulations restricting national legislators\' ability to take positions in the private sector after leaving government that would present a conflict of interest, including positions that directly seek to influence their former government colleagues. NO: A NO score is earned if no such restrictions exist.$

Comments: This is not fully regulated.

References: Law on the Parliament of the Republic of Kazakhstan and statute of its deputies Chapter 5 Statute of the deputies of the Parliament of the Republic Article 24 Deputy of Parliament of the Republic;

Dariga Nazarbayeva after Termination of Her Term Entered Business Activities in Nur Bank [ LINK ];

News report Dariga Nazarbayeva Has Entered The Board of Birectors of Nurnbank. Centralasia.ru, July 31, 2007 [ LINK ]

30c: In law, there are regulations governing gifts and hospitality offered to members of the national legislature.

Score:

YES

Comments: This law covers all government officials, including deputies. A deputy of the Parliament loses immunity if he/she is under criminal accusations by a court. Considering their immunity, the members of Parliamentt can be prosecuted only if he/she is apprehended while committing the crime or if the Parliament gives approval. In case of a corruption investigation against a member of Parliament, the investigator has to inform the territorial voting commission and the Parliament within five days.

References: Law on fighting corruption Chapter 2 Prevention of corruption, corruption crimes and responsibility for them . Article 13 Corruption crimes, connected with illegal access to preferences (in Russian) [ LINK ]

30d: In law, there are requirements for the independent auditing of the asset disclosure forms of members of the national legislature.

Score:

YES

Comments: Before the elections, the declarations are submitted to tax authorities and they are made available to the Central Election Committee. Tax authorities are responsible for the auditing.

30e: In practice, the regulations restricting post-government private sector employment for national legislators are effective.

Score:

100

Comments: This is not regulated. Dariga Nazarbayeva, after her term in office, entered the business activities in Nur Bank.

References: Memo from Nurbank shareholders meeting Protocol of the annual meeting of the shareholders of TOO Nurbank May 25, 2007 [ LINK ];

Article. Newspaper. Liter Igor Nevolin Where Will Party Send? June 30, 2006 [ LINK ];

News report Dariga Nazarbayeva Has Entered The Board of Birectors of Nurnbank. Centralasia.ru, July 31, 2007 [ LINK ]

Peer Review Comments:

30f: In practice, the regulations governing gifts and hospitality offered to national legislators are effective.

Score:

100

Comments: Legislators are considered government officials and they are subject to the same clauses as government officials in case of corruption.

References: Article. Expert Kazakhstan magazine Aleksandr Konstantinov Third Is Not Given (in Russian) June 25, 2007 [ LINK ];

Survey J. Jandosova, N. Baitegulova, F Jandosova, S. Kunitsa 2003 Perception of Corruption in Kazakhstan [ LINK ]

30g: In practice, national legislative branch asset disclosures are audited.

Score:

100

Comments: It is questionable, because the asset disclosure forms are required before entering Parliament and they are available to the Central Electoral Commission and to tax authorities. There were no precedents of some inconsistencies or public debates about them. The declarations of income are not required. Some politicians declared their intention to file them. However, they are not required and there are no precedents.

References: Interview with Alikhan Baimenov To Civilization through The Declaration Nov. 6, 2006 [ LINK ]

Report. e-gov.kz 2007. Guidelines. How Registration of The Candidates Is Going On And What Documents Are Required for Registration [ LINK ]

Can citizens access the asset disclosure records of members of the national legislature?

31a: In law, citizens can access the asset disclosure records of members of the national legislature.

Score:

YES

Comments: They are accessible to tax authorities and the Central Electoral Committee. There are some pressures to make them public.

Law on the Fight against Corruption., Article 9 - Measures of financial control (in Russian) [ LINK ]

31b: In practice, citizens can access legislative asset disclosure records within a reasonable time period.

Score:

100

Comments: They can be made publicly available in case of some public scandal.

References: Interview with Alikhan Baimenov To Civilization through The Declaration Nov. 6, 2006 [ LINK ]

Report. e-gov.kz 2007. Guidelines. How Registration of The Candidates Is Going On And What Documents Are Required for Registration [ LINK ]

Peer Review Comments:

31c: In practice, citizens can access legislative asset disclosure records at a reasonable cost.

Score:

100

Comments: It is not very likely that ordinary citizens can obtain these reports. However, there are pressures to make income declarations of the highest officials available to the public.

References: Interview with Alikhan Baimenov To Civilization through The Declaration Nov. 6, 2006 [ LINK ]

Political program. 2005. Nagyz Akzhol Party political program [ LINK ]

Can citizens access legislative processes and documents?

32a: In law, citizens can access records of legislative processes and documents.

Score:

YES

Comments:

References: Law On the Parliament of the Republic of Kazakhstan and the Status of Its Deputies Chapter 2

Chapter II The Competence of Parliament of the Republic and Organizational Forms of Its Realization Article 8. Publicity of sessions of Parliament of the Republic [ LINK ]

Peer Review Comments: Accessing aspects of the system is not easy.

32b: In practice, citizens can access records of legislative processes and documents within a reasonable time period.

Score:

100

Comments: They are available on the Web site of the Parliament. However, information on who voted what is difficult to obtain.

References: Information about Mazhilis activity. Majilis staff or secretariat. 2006-2007 TOTALS OF THE MAZHILIS ACTIVITY OF THE THIRD CONVOCATION OF THE PARLIAMENT OF THE REPUBLIC OF KAZAKHSTAN Review of the Mazhilis legislative activity of the Parliament of the Republic of Kazakhstan for the second session [ LINK ]

News report. Kazakhstan today agency. Parliament Accepted Amendments to Constitution May 18, 2007 [ LINK ]

32c: In practice, citizens can access records of legislative processes and documents at a reasonable cost.

Score:

100

Comments:

News report. Kazakhstan today agency. Parliament Accepted Amendments to Constitution May 18, 2007 [ LINK ]

Peer Review Comments: By European standards, access to information is still limited.

Peer Review Comments: Note that it's free on the Parliament Web site.