Corruption counteraction

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Counteraction of corruption

Counteraction of corruption  in the judicial system of the Republic of Kazakhstan is carried out systematically, offensively with summing up analysis work in this direction, taking into account the risks of corruption and constant system monitoring.

In framework of implementation of Decree of the President of the Republic of Kazakhstan Nursultan Nazarbayev "Anti-Corruption Strategy of the Republic of Kazakhstan for 2015 - 2025 years" of December 26, 2014, a comprehensive anti-corruption plan for the judicial system for 2015 - 2017 years was developed.

The plan includes measures to combat corruption, aimed at strengthening the foundations of corruption prevention and combat, minimize and eliminate the consequences of corruption offenses.

Development and implementation of legal, organizational and other anti-corruption mechanisms are essential elements of an effective judicial activity.

Implementation of Anti-Corruption Strategy of the Republic of Kazakhstan in the judicial system will be phased. In the period  from 2015 to 2017  the main priorities will be the following:

- selection and training of judicial personnel, toughening of requirements for the candidates for judges;

- strengthening the independence of justice as the main condition for the efficient and systematic anti-corruption  activity;

- further improvement of the legislation;

- improving the efficiency and transparency of periodic sociological researches conducted among participants in the trials;

- expansion of the using of modern information technologies;

- comprehensive deepening of international cooperation for the prevention of corruption in the courts;

- increase the transparency of the courts, including cooperation with the media;

- improving the efficiency of taken preventive anti-corruption measures.   

 

 

I.                   Aims and objectives of the plan

 

Plan Objectives: improving the efficiency of anti-corruption measures in the judiciary system, promoting involvement in the fight against corruption all members of the judiciary, as well as the society by creating an atmosphere of "zero" tolerance for any manifestation of corruption in the courts.

Target indicators of the Plan:

- the quality of administration of justice;

- the quality of provision of public services to the population by members of the judiciary;

- public confidence in the judicial system;

- promoting the country's prestige in the international community and the improvement of relevant international ratings, including Kazakhstan's ranking in the Corruption Perceptions Index «Transparency International».

Plan Objectives:

- identification of the causes and conditions that contribute to the manifestation of corruption in the courts;

- prevention of corruption offenses;

- development and implementation of mechanisms to counteract the possibility of corruption;

- reduce the potential risk of corrupt practices;

- the forming of anti-corruption culture among members of the judiciary, workers of the judiciary system and society. 

 

II.                The basic principles of anti-corruption work

 

The plan is built on the necessity of observance of the following basic principles:

- the principle of the system. Anti-corruption  activity should not be limited to the identification of the individual facts of corruption. It should focus on the formation of an anti-corruption culture and behavior, strengthening public control and eliminating the causes and conditions that give rise to corruption.

- the principle of equality of all before the law and courts, in according with the Constitution of the Republic of Kazakhstan. Adherence of law is a prerequisite for the prevention of corruption at all levels of government.

- the principle of transparency and openness of the judicial system. Citizens and organizations have the right to freely receive information by any means not prohibited by law, and the courts are obliged to provide such information in accordance with the law. The work of courts must be understandable and accessible to the public.

 

III.             Anti-Corruption Measures 

Within the framework of the implementation of decisions of VI Congress of Judges two laws were prepared and signed by the Head of State, aimed at further improvement of the judicial system, including the improvement of the competitive selection of candidates for judges.

At the Supreme Court of the Republic of Kazakhstan, regional and equated courts established presidiums of the plenary sessions, which are entrusted with the functions to work out the operational and organizational issues, including issues of corruption.

For quality recruitment purposes, work of Public Councils is legislated to assess the moral qualities of the candidates for the post of a judge, also aimed at increasing the level of transparency and independence in the selection of candidates for judges.

In regional and equated courts, Commissions on Judicial Ethics are functioning, whose task is to monitor the observance of ethical standards by judges of the judicial community, a timely response to public appeals about violation. The objectives of the Commission is compliance of all judges with moral and ethical norms and rules of conduct stipulated by the Code of Judicial Ethics.

Methodical and organizational guidance on observance of the Code of Judicial Ethics by judges of the Republic is provided by the Judicial Jury.

Division of Internal Security and Prevention of Corruption in the courts of the Department to ensure the operation of the courts under the Supreme Court of the Republic of Kazakhstan (hereinafter - the DIS and PC) was created by the Order of the Chairman of the Supreme Court of the Republic of Kazakhstan.

The main activities of the DIS and PC is the prevention of corruption, prevention of possible provocative actions against judges and the judiciary, raising the image by forming a zero tolerance for corruption. Functionally, the Division ensures the implementation of anti-corruption program of the judicial system, coordination of activities on the prevention of corruption in the courts, as well as interaction with other state authorities  on combating corruption.

 Implementation of the Plan depends on the active role in the prevention of corruption of all judges and officials of the judicial system.