ON THE ISSUE OF FORMATION OF THE DEFINITION OF CORRUPTION IN THE QUASI-STATE AND PRIVATE SECTOR
Keywords:
quasi-public sector, private sector, he concept of corruption, anti-corruptionAbstract
In this article, the author examines topical issues of the formation of the concepts of corruption in the quasi-state and private sector of the Republic of Kazakhstan, analyzes international legal, domestic and foreign legal acts regulating the issues of combating corruption in the quasi-state and private sector. A comparative legal analysis of domestic legislation made it possible to determine corruption in the quasi-public sector of the Republic of Kazakhstan. It was concluded that the subjects of the quasi-state sector in the person of their leaders are brought to criminal responsibility, as well as the subjects of the authorities. In this regard, the author proposes the expansion of the subjects of the quasi-public sector to the heads of departments, persons associated with government procurement, and those implementing government programs.
A thorough analysis of international legislation and foreign literature made it possible to single out the definition of the private sector on the basis of the concepts of “public function” and “public service”.
Based on a complete analysis of the conceptual apparatus of the quasi-state sector and the private sector, the definition of corruption in the quasi-state and private sector of the Republic of Kazakhstan is highlighted.
In order to counter corruption and the correct qualification of criminal offenses, the author proposes the unification of all corruption criminal offenses into one chapter of the Criminal Code of the Republic of Kazakhstan with the name “Corruption criminal offenses”.
Recommendations and suggestions of the author can be used by the Parliament of the Republic of Kazakhstan in lawmaking, government agencies and criminal prosecution agencies in developing proposals for improving criminal legislation in terms of combating corruption in the quasi-state and private sector of the Republic of Kazakhstan.
The findings of the author are aimed at improving the legislation in the field of combating corruption and bringing to criminal responsibility.