Struggle with the corruption in the RK

MINISTRY OF EDUCATION AND SCIENCE OF THE REPUBLIC OF KAZAKHSTAN

INTERNATIONAL ACADEMY OF BUSINESS

                      

                           

DEPARTMENT “GENERAL EDUCATION DISCIPLINES”

 

 

  

 

 

 

 

 

 

 

ESSAY

Basics of Law

Struggle with the corruption in the RK

 

 

 

 

 

 

 

 

 

 

Completed by

Temirova Alma F1202

Checked by

Amangaliyeva B. Gaukhar

 

 

 

 

 

Almaty, 2013

 

Struggle with the corruption in Kazakhstan

 

In this essay I’m going to analyze the question “Struggle with the corruption in the RK”. First of all, let’s find out what the corruption is. It occurs when an office-holder or other governmental employee acts in an official capacity for personal gain. But generally, corruption is wrongdoing on the part of an authority or powerful party through means that are illegitimate, immoral, or incompatible with ethical standards. Corruption often results from patronage and is associated with bribery.

Corruption can occur on many different scales. There is corruption that occurs as small favours between a small number of people (petty corruption), while there is the corruption that affects the government on a large scale (grand corruption), and corruption that is so prevalent that it is part of the everyday structure of society (systemic corruption). Public sector corruption is one of the more insidious forms of corruption; a corrupt governing body can lead to widespread effects in the rest of society. Recent research by the World Bank suggests that who makes policy decisions (elected officials or bureaucrats) can be critical in determining the level of corruption because of the incentives different policy-makers face. Political corruption is the abuse of public power, office, or resources by elected government officials for personal gain, e.g. by extortion, soliciting or offering bribes. It can also take the form of office holders maintaining themselves in office by purchasing votes by enacting laws which use taxpayers' money. Judicial Corruption refers to corruption related misconduct of judges, through receiving or giving bribes, improper sentencing of convicted criminals, bias in the hearing and judgment of arguments and other such misconduct. Corruption can occur in many ways. The use of both positive and negative inducements to encourage the misuse of power is well known. In addition, favouring of friends, relatives and cronies in a way that is not directly beneficial to the corrupt individual is a form of corruption. In systemic corruption and grand corruption, multiple methods of corruption are used concurrently with similar aims. Causes of corruption:

1. Lack of knowledge or understanding of the laws of the population that allows officials to arbitrarily interfere with the bureaucratic procedures or overstate the appropriate payment.
2. The unstable political situation in the country.
3. The absence of mechanisms of interaction formed institutions.
4. The dependence of the standards and principles that underlie the work of the bureaucracy, the policy of the ruling elite.
5. Low level of salaries in the public sector than in the private sector;
6. Government regulation of the economy;
7. Dependence of citizens from government officials, the state's monopoly on certain services;
8. Isolation of the bureaucratic elite from the people;
9. Economic instability, inflation.

Kazakhstan realizes that corruption hinders the process of social and economic development, creation of market economy, attracting investments; it has a negative impact over political and civil institutes of the democratic country, thus presenting a significant threat for the future development of the country.

Kazakhstan is a leader among the CIS countries in terms of developing legal and regulatory framework to counteract corruption. On July 2, 1998, the Law of the RK “On Combating Corruption” was adopted.

The Governmental Anti-Corruption Program for 2006-2010 (hereinafter referred to as the Program) is aimed at implementing the Strategy of Kazakhstan’s Development until 2030; the Law of the RK “On Combating Corruption” as of July 2, 1998; the Message of the President of the RK as of February 18, 2005, “Kazakhstan on the Way to Accelerated Economic, Social and Political Modernization”; and i. 10.25 of the Action Plan to Implement the Program of the Government of the RK for 2003-2006, approved by the Resolution of the Government of the RK as of September 5, 2003, # 903. In order to balance human and financial resources and to preclude duplication of measures, this Program has been harmonized with the programs “Key Areas of Economic Policy and Organizational Measures to Reduce the Scale of Shadow Economy in the Republic of Kazakhstan for 2005-2010” and “Combating Economic Crimes in the Republic of Kazakhstan for 2005-2007”. The Program is based upon the following functional principles: comprehensiveness, systematic approach, succession, implementability and targeted approach, efficiency and effectiveness.

For today are unknown methods in pedagogy and management, which would guarantee that a person will be the ideal official. However, there are a lot of very low levels of corruption. Moreover, there are examples in history when steps to reduce corruption, have led to significant advances in Singapore, Hong Kong, Portugal, Sweden. This clearly speaks in favor of the methods of fighting corruption there.

 

There are three possible approaches to the reduction of corruption. First, you can tighten up the laws and their implementation , thereby increasing the risk of punishment . Second, you can create the economic mechanisms that allow officials to increase their income without breaking the rules and laws. Third, could the role of markets and competition , thus reducing the size of the potential gains from corruption. It is also the last competition in the provision of public services provided by governmental bodies duplication of functions of other organs.

The adoption of an anti-corruption programme is necessary for an organization to prove that despite a particular case of bribery it nevertheless has adequate procedures in place to prevent persons associated with it from bribing. The analysis of case law shows that companies are demonstrating the effectiveness of their programmes and reduce their potential liabilities by selfdeclaring situations to relevant authorities.

 

Catalogue of sites:

1. www.government.kz

2. www.definitions.net

3. http://www.zakon.kz/

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

                                              Glossary

 

1.Crime is a publicly dangerous act (or a failure to act) for which someone is found guilty, and which is prohibited by the Criminal Code under the threat of legal punishment.

2.Punishment is a measure of state coercion which is appointed pursuant to a court's sentence. 

3.Object of Crime are social relations which are protected by Criminal law from criminal encroachments

4.Deprevention of a crime consists of isolation of a given convict from society by way of sending him to a settled colony, or his placement in a penitentiary settlement of a general, strict, or special regime, or into a jail.

5.Arrest consists of the detention of a convict under conditions of strict isolation from the society for the entire period of the appointed punishment.

6.Forfeiture of property means the forcible seizure of all or a part of the property which is in the ownership of a given convict, to the ownership of the state, without compensation. 

7. A fine means a monetary exaction appointed within the limits stipulated by Criminal Code.

8.Criminal Law Activity in Time means that criminal commitment and punishment are defined by law run at that time .

  9. Amnesty is a general pardon for offenses, especially political offenses, against a government, often granted before any trial or conviction.