Civil legal sanctions for corruption

Abstract

The article is devoted to one of the little-studied topics in the Kazakh legal literature – civil sanctions of corruption offenses. Since the Republic of Kazakhstan has joined the main Conventions on criminal and civil law means of combating corruption, the authors analyze the content of these Conventions from the perspective of reflecting their provisions in Kazakh legislation. A comparative legal analysis of the content of the Convention on Civil Liability for Corruption and the norms of the Civil Code of the Republic of Kazakhstan showed that the last has enough norms to be used when considering corrupt transactions and the consequences of their invalidity, as well as civil sanctions that play a supporting role in relation to criminal sanctions. However, anti-corruption practice shows that not enough attention is paid to civil liability for corruption. It is noted that many countries, including the Republic of Kazakhstan, have not yet found effective tools for persons who have suffered damage from corruption. It is proposed to transfer all the provisions of civil law illegal transactions contained in the Civil Code of the Republic of Kazakhstan to the Law of the Republic of Kazakhstan On Combating Corruption with the simultaneous definition of the concept of «corrupt transactions», as well as the establishment of the consequences of their invalidity. The main purpose of this article, according to the authors, is to draw the attention of law enforcement and law enforcement agencies to the objective need to identify corrupt transactions committed intentionally but connected by external signs of civil law transactions.