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Corruption in Kazakhstan: and its impact on the economic development of the country

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САЯСИ ҒЫЛЫМДАР. АЙМАҚТАНУ. ШЫҒЫСТАНУ. ТҮРКІТАНУ POLITICAL SCIENCE. REGIONAL STUDIES. ORIENTAL STUDIES. TURKOLOGY ПОЛИТИЧЕСКИЕ НАУКИ. РЕГИОНОВЕДЕНИЕ.

ВОСТОКОВЕДЕНИЕ. ТЮРКОЛОГИЯ

IRSTI 11.25.07

M. Abuova

L.N. Gumilyov Eurasian National University, Nur-Sultan, Kazakhstan (E-mail: moldir_liminholist.ru )

Corruption in Kazakhstan: and its impact on the economic development of the country

Abstract. Corruption is a serious problem, and not only in developing countries. The fact is corruption interferes economic growth weakens the rule of law and undermines the rule of law institutions. Moreover, it has been studied nationally from the different perspectives of that issue.

Recently, a growing number of studies on local corruption and, these recent studies have focused on the corruption and its impact on voters. The report will consider corruption in the system of public administration in the Republic of Kazakhstan and will be focused on the consequences of the corruption on the economy of the country.

Key words: corruption, bribery, education.

DOI: https://doi. org/10.32523/2616-6887/2020-133-4-8-13 Received: 30.04.2020 / Approved: 23.08.2020

Introduction. Corruption is one of the most important issues facing the world today, yet despite its importance, there remains significant confusion about exactly what corruption is. A multitude of definitions have been advanced, but there remains an inability to offer an authoritative definition. While this could be merely a reflection of trivial variations on the same theme, it is possible that it reflects substantive disagreements that may suggest that the current understanding of the conceptual nature of corruption is inadequate for the purposes to which it is put.

This article critically reviews a variety of different approaches to defining and conceptualizing corruption, suggesting potential areas and its influences on the economic development of the country. The article then

provides the general picture of the crimes in the country. This analysis finds limited agreement between definitions about which behaviors ought to be classified as corrupt, which in turn reveals a limited ability to apply the concept of corruption definitively. Given the substantive importance of corruption, and the political importance of corruption evaluations, it appears that current understandings of corruption are not adequate.

The most common definition of corruption is abuse of office or power for one’s own gain.

By a broader definition, corruption is an abuse of trust. There can be two approaches to the definition of corruption: in the light of the law or in the light of public opinion. A definition based on law comes from what is considered corruption in the laws, while a definition based

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on public opinion comes from wider public opinion. Corruption is manifested in the public, private and third sectors. The case when a purchasing store manager receives a bribe from a manufacturer to give preference to his product is an example of corruption in the private sector, as this is an abuse of his office and damage to the enterprise. A second example of corruption in the private sector is the encouragement of an oversight entrepreneur for neutral oversight or non-oversight. The article deals with anti- corruption issues in the Republic of Kazakhstan.

Materials and methods. Based on the national bureau of the Republic of Kazakhstan the statistical data on a decrease in the number of corruption crimes in the Republic of Kazakhstan, are not supported by the results of sociological surveys carried out by law enforcement agencies and non-governmental organizations. However, as the results of the studies conducted by the authors and analysis of the activities of law enforcement agencies of these countries show, public opinion about the level of corruption and the effectiveness of the fight against it in recent years is insignificant but is changing in a positive direction. The article focuses mainly on such corrupt practices, which are united by the collective concept of “bribery”, including giving, receiving a bribe and mediation in bribery.

Corruption issues involving by senior officials in Kazakhstan happen with enviable regularity. Loud arrests in the country are no longer surprising. For bribes, members of the government, heads of national companies, and local executive authority are prosecuted. The fact is that every fourth private company in Kazakhstan is faced with extortion of bribes from government agencies. This indicator exceeds the global average by 8.9%. Such a result was identified by the World Bank in the global survey Enterprise survey, in which the owners and top managers of 600 Kazakhstani firms were interviewed. In total, the analytical work on this project studied the business climate in 139 countries.

Over the past two years, the National Anti- Corruption Bureau of Kazakhstan has registered over 4 thousand corruption crimes, of which

more than 3 thousand are sent to court. Almost half of them account for bribery, a quarter for abuse of power, theft and official forgery account for 12%.

Based on the materials of the 2016 National Anti-Corruption Report, in most cases corruption crimes in akimats are related to bribery, abuse of land allocation, allocation of subsidies, theft of budget funds during public procurement.

Results. Corruption crime in Kazakhstan can be characterized as elite-power considering the rather high position of the subjects of corruption.

According to the RK Anti-Corruption Agency, since 2018, the structure of prosecuted corrupt individuals who are subject to trial was as follows:

employees of ministries, committees, and their local structures 30%, law enforcement officials 29%, credit and financial system employees 20%, employees of regulatory authorities 39%, customs officers 40%, deputies of representative bodies 15%, other 11%. Thus, corruption covers almost all spheres of the government (National bureau, 2016)

QGD employees most often come across crimes related to assisting in tax evasion and customs payments, organizing deliberate bankruptcy and patronizing the subjects of the shadow economy Although there are scholars who see a certain benefit in corruption (for example, a bribe speeds up some slow bureaucratic processes), it is generally believed that corruption creates inequality and reproduces poverty through distorted government spending (instead of lubricating the wheels, it presses the wheels deeper into the sand) Corrupt politicians invest and set priorities most in areas where corrupt income may be higher. Also, corruption is accompanied by political and economic instability. As a result of corruption, economic growth is shrinking because a corrupt economic environment is not conducive to investment.

For example, Corruption is devastating for development of the country, as funds that go to schools, hospitals and other vital government structures are instead diverted into the hands of criminals or dishonest officials. Corruption leads to increased violence and instability. It can cause frustration with government agencies and the

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government in general, anger the population and lead to unrest.

Discussion. According to the Economist magazine, based on the corruption index and the human development index for 2011, developed a scheme that shows the relationship between poverty and corruption: the less corruption is felt in the state, the higher the rate of human development (indicators in the field of health, education and living standards are taken into account), and vice versa.

In Kazakhstan, total for 2016 per commit corruption crimes convicted 238 state employees, of which more than half are employees of organizations education (82) and akim apparatus (50). In the field of activity of educational organizations most of all employees are prone to corruption preschool institutions. According to, the Research the Institute «Public Opinion»

in Kazakhstan, conducted a sociological study, which determined the level of anti-corruption culture and intolerance of the population towards corruption. Sociological results studies compared to 2015 showed a positive tendency.

Based on the analysis of the national bureau of Kazakhstan in 2020, The share of citizens who expressed confidence in the anti-corruption

policy of the state increased by 18% (from 55.5%

to 73.4%). Moreover, 53% of citizens are ready to make a personal contribution to reducing corruption, which is 9.5% higher than the indicator the previous period. In the context of regions, the largest willingness to support anti- corruption issues were expressed by the residents of the northern region of Kazakhstan, At the same time, the respondents noted that they have a positive attitude to whistleblowers corruption, characterizing them as law-abiding (41.5%) and honest (30%) citizens. Regionally, residents Other different cities of Kazakhstan noted that in the event of a collision with corruption, they will report this to the Anti-Corruption Service. Also, more than half of citizens consider it an effective measure reporting the fact corruption. However, 98% of the interviewed individual entrepreneurs in another area such persons are considered traitors

During the years of independence in Kazakhstan, an effective system has been formed as anti-corruption that meets modern international standards. In the historical context, three key periods of the formation of the anti-corruption policy of Kazakhstan can be distinguished. At the initial stage, due to the

The Economist, December, 2, 2011, 16:59 by the Economist online.

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priority of ensuring socio-economic stability, the fight against corruption was fragmentary and episodic character.

Conclusion. If people could know the exactly what phenomena are associated with the corruption, then it would be easy to prevent it. But corruption is a systemic phenomenon, therefore it is wrong to look for the causes of corruption only in the dark sides of human nature - in search of personal gain, envy, etc. In this case, it would be enough to replace the official with an honest one, but it just doesn’t work out that way. To prevent corruption, it is necessary to reduce the opportunities that corruption contributes to.

Suggestions for solution against the corruption are might be more than enough.

The problem of corruption can be solved to one degree or another in any society, in any political and economic structure of the country.

The positive experience of countries such as Singapore, Portugal and Sweden confirm this.

However, complete destruction is impossible, and the result should be measured by level. It is impossible, because a person, by virtue of his nature, is not ideal, and in the conditions of society and even more so in a micro-society, he is subject to the influence of the environment, accepting, according to the principles of behaviorism, a model of behavior within this environment. Independent control of meritocrats and specialized associations as the basis for all transformations in the system. This measure is critical and is the backbone of the entire fight against corruption. Raising the salaries of civil servants. It does not give immediate efficiency but considering the complexity of measures in the medium term, it does. Tightening of criminal and administrative liability for an agent. This measure should attract special attention of the government to fight against corruption, to be strict and uncompromising. In some cases, entire departments must be repressed. Propaganda in the media, coverage of all cases of criminal punishment of corrupt officials, without exception, should be mandatory. Maximum transfer of services online, bypassing the personal contact of the subject with the agent. This measure is now being applied, but its development requires acceleration and expansion.

Strict observance by civil servants of the deadlines for the performance of services, up to reimbursement of costs to the subject in case of their violation. For example, such a measure is applied in the tax service, when, for example, the registration of a legal entity takes 45 minutes or more. With such a speed of registration, the subject does not have the desire to pay for the acceleration of the procedure. The measure should cover all possible operations where bureaucratic barriers can be removed. Elimination of ambiguity in legislative formulations. The tactics of working with amendments should include the collection of information from the corporate field and from the competent legal profession, which are directly interested in clear wording of laws and codes.

Broadly informing the subjects of their rights and obligations. The use of all possible ways of covering the basic rights and obligations of the subjects, including through the media, bulletins distributed by mail on a door-to-door basis.

Behaviorism within the micro-community of each stuff, as well as civil servants, must be studied and completely corrected to the state of cognitive rejection of corrupt activities through constant rotation of personnel, the introduction of hidden observers, criminal and administrative prosecution of violators, financial incentives for personnel who did not provoke a single signal of violation. Formation in the minds of young generation of a psychological block on bribery.

This measure is long-term, but necessary to against to corruption.

Acknowledgements. In conclusion, corruption slows down the process of socio- economic development, building a market economy, attracting investment and negatively affects to the political and social institutions of a democratic state, and poses a serious threat to the future of the country. The identification, suppression, prevention of corruption offenses and the prosecution of persons guilty of their commission shall be carried out within the scope of their competence by the prosecution, national security, internal affairs bodies and the state revenue department. However, in one way or another, in the Republic of Kazakhstan there is developing legislation related to the fight against

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to corruption, which includes directly the anti- corruption law, various anti-corruption state programs, criminal liability for corruption crimes

is provided. Although, at the present stage, the foundations of an anti-corruption policy have been laid.

References

1. Aysarov. D. D How the concept of «corruption» will extend to business. Bill parsing. Newspaper articles, 12, 4(2009).

2. Lyah N.S The fight against corruption in Kazakhstan. Temirtau, 2020. Newspaper articles, 4, 4(2020).

3. Zhumabekova A.J. Corruption Economy of Kazakhstan Law in Kazakhstan. Kazakh civilization Almaty, Newspaper articles, 2, 6(2018).

4. Materials of the international seminar “Corruption as one of the signs of post-totalitarian states”

(September 17-18, 1998). - Kazakhstan: Okzhetpes, 1998 p.

5. Tlenchieva G Law Corruption International Relations Kazakhstan, Legal reform in Kazakhstan Almaty 1999, Newspaper articles, 12, 15(1999).

6. Dubovcev G The fight against corruption in Kazakhstan 2019, Available at: https://camonitor.kz/33667- borba-s-korrupciey-v-kazahstane.html (accessed 20.04.2020).

7. Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement Available at: https://ec.europa.eu/internal_market/scoreboard/performance_per_policy_area/

public_procurement/index_en.htm#maincontentSec3 (accessed 20.04.2020).

8. Law of the Republic of Kazakhstan № 132-II dated 25 December 2000 On the Judicial System and Status of Courts of the Republic of Kazakhstan. Available at: https://online.zakon.kz/document/?doc_

id=1021164#pos=98;-52 (accessed 20.04.2020).

9. Law of the Republic of Kazakhstan N 221 dated 12 January 2007. On the Procedure for considering Enquiries from Individuals and Legal Entities. Available at: http://adilet.zan.kz/rus/docs/Z070000221(accessed 20.04.2020).

10. The European Social Fund. Available at: http://ec.europa.eu/esf/BlobServlet?docId=1 3941&langId=en (accessed 20.04.2020).

11. EU Anti-Corruption Report Available at: https://ec.europa.eu/home-affairs/what-we-do/policies/

organized-crime-and-humantrafficking/corruption/anti-corruption-report_en(accessed 20.04.2020).

12. Serious Fraud Office Guidelines Available at: https://www.sfo.gov.uk/publications/guidanc e-policy- and-protocols/bribery-act-guidance/(accessed 20.04.2020).

М. Абуова

Л. Гумилев атындағы Еуразия ұлттық университеті, Нұр-Сұлтан, Қазақстан

Қазақстандағы сыбайлас жемқорлық: және оның елдің экономикалық дамуына әсері Аңдатпа. Сыбайлас жемқорлық – дамушы елдерде ғана емес, маңызды мәселе. Сыбайлас жемқор- лық экономикалық өсуге кедергі келтіреді, заң үстемдігін әлсіретеді және құқық үстемдігі институт- тарын бұзады. Моровер, бұл мәселе бойынша ұлттық деңгейде зерттелді. Соңғы уақытта жергілікті сыбайлас жемқорлыққа арналған зерттеулер саны артып келеді және бұл соңғы зерттеулер сыбайлас жемқорлыққа және оның сайлаушыларға әсеріне бағытталған. Баяндамада Қазақстан Республикасын- дағы мемлекеттік басқару жүйесіндегі сыбайлас жемқорлық қарастырылады және ел экономикасы үшін сыбайлас жемқорлықтың салдарына басты назар аударылады.

Түйін сөздер: сыбайлас жемқорлық, парақорлық, білім саласы.

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М. Абуова

Евразийский Национальный университет имени Л.Гумилева, Нур-Султан, Казахстан

Коррупция в Казахстане: и ее влияние на экономическое развитие страны

Аннотация. Коррупция – серьезная проблема, и не только в развивающихся странах. Дело в том, что коррупция препятствует экономическому росту, ослабляет верховенство закона и подрывает ин- ституты верховенства права. Это понятие изучено на национальном уровне с различных точек зрения этого вопроса. В последнее время растет число исследований, посвященных местной коррупции, и эти последние исследования были сосредоточены на коррупции и ее влиянии на избирателей. В докладе бу- дет рассмотрена коррупция в системе государственного управления в Республики Казахстан и основное внимание будет уделено последствиям коррупции для экономики страны.

Ключевые слова: коррупция, взяточничество, образование.

References

1. Aysarov. D. D How the concept of «corruption» will extend to business. Bill parsing. Newspaper articles, 12, 4(2009).

2. Lyah N.S The fight against corruption in Kazakhstan. Temirtau, 2020. Newspaper articles, 4, 4(2020).

3. Zhumabekova A.J. Corruption Economy of Kazakhstan Law in Kazakhstan. Kazakh civilization Almaty, Newspaper articles, 2, 6(2018).

4. Materials of the international seminar “Corruption as one of the signs of post-totalitarian states”

(September 17-18, 1998). - Kazakhstan: Okzhetpes, 1998 p.

5. Tlenchieva G Law Corruption International Relations Kazakhstan, Legal reform in Kazakhstan Almaty 1999, Newspaper articles, 12, 15(1999).

6. Dubovcev G The fight against corruption in Kazakhstan 2019, Available at: https://camonitor.kz/33667- borba-s-korrupciey-v-kazahstane.html (accessed 20.04.2020).

7. Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement Available at: https://ec.europa.eu/internal_market/scoreboard/performance_per_policy_area/

public_procurement/index_en.htm#maincontentSec3 (accessed 20.04.2020).

8. Law of the Republic of Kazakhstan № 132-II dated 25 December 2000 On the Judicial System and Status of Courts of the Republic of Kazakhstan. Available at: https://online.zakon.kz/document/?doc_

id=1021164#pos=98;-52 (accessed 20.04.2020).

9. Law of the Republic of Kazakhstan N 221 dated 12 January 2007. On the Procedure for considering Enquiries from Individuals and Legal Entities. Available at: http://adilet.zan.kz/rus/docs/Z070000221(accessed 20.04.2020).

10. The European Social Fund. Available at: http://ec.europa.eu/esf/BlobServlet?docId=1 3941&langId=en (accessed 20.04.2020).

11. EU Anti-Corruption Report Available at: https://ec.europa.eu/home-affairs/what-we-do/policies/

organized-crime-and-humantrafficking/corruption/anti-corruption-report_en(accessed 20.04.2020).

12. Serious Fraud Office Guidelines Available at: https://www.sfo.gov.uk/publications/guidanc e-policy- and-protocols/bribery-act-guidance/(accessed 20.04.2020).

Information about authors:

Аbuova Moldir – Ph.D. student at the L.N. Gumilyov Eurasian National University, Nur-Sultan, Kazakhstan Абуова Мөлдір – Л. Гумилев атындағы Еуразия ұлттық университетінің аспиранты. Нұр-Сұлтан, Қа- зақстан

Ақпарат көздері

СӘЙКЕС КЕЛЕТІН ҚҰЖАТТАР

Филиал Академии государственного управления при Президенте РК по Актюбинской области, согласно миссии академии, ставит задачу трансформации

Ispolinov A.S. Doctor of Juridical Sciences, Prof., Lomonosov Moscow State University, Moscow, Russia Kala N.S. Gumilyov Eurasian National University, Nur-Sultan, Kazakhstan..

Abaydeldinov E.M. Doctor of Juridical Sciences, Prof., L.N. Gumilyov Eurasian National University, Nur-Sultan, Kazakhstan.. Abdilov K.S. Gumilyov Eurasian National

Ispolinov A.S. Doctor of Juridical Sciences, Prof., Lomonosov Moscow State University, Moscow, Russia Kala N.S. Gumilyov Eurasian National University, Nur-Sultan, Kazakhstan..

«Кәмелетке толмағандар арасындағы құқық бұзушылықтардың профилактикасы мен балалардың қадағалаусыз және панасыз қалуының алдын алу туралы» ҚР Заңына (2004

An author who wishes to publish an article in a journal must submit the article in hard copy (printed version) in one copy, signed by the author to the scientific publication office

В Государственной программе развития образования в Республике Казахстан на 2005-2010 годы приоритеты образовательной политики были

Рассмотрим историю становления и развития таможенной службы Горного Алтая, покажем вклад роли та- моженной службы в развитие торговли с Монголией, а также