This report explores the application of confiscation measures in Kazakhstan, with a particular focus on the legal framework, judicial practice and high-level corruption cases. It analyses the practice of applying confiscation measures, judicial sanctions, statutes of limitations, and procedural immunities for public officials against investigative enforcement steps, identifying shortcomings and gaps in these areas. The report also includes recommendations for amendments in the legislation, and for reinforcing law enforcement and judicial practice. These recommendations are intended to facilitate Kazakhstan’s progress in improving its confiscation framework and its implementation by proposing appropriate solutions to identified weaknesses and gaps.
The report comprises recommendations for further policy improvements and practice development that can be utilised by Kazakh authorities for improving the application of preventive and reparative confiscation measures and effective, proportionate and dissuasive sanctions in corruption cases by the state. These recommendations are non–mandatory, nevertheless, the authorities are expected to develop an action plan for addressing identified gaps and shortcomings.
The report was prepared by Vitaliy Kasko and Maris Urbans under the country-specific anti-corruption project for Kazakhstan funded by the U.S. Department of State's Bureau of International Narcotics and Law Enforcement Affairs and implemented by the Anti-Corruption Network for Eastern Europe and Central Asia (ACN) – a regional outreach programme of the Organisation for Economic Co-operation and Development (OECD) Working Group on Bribery.
The report benefited from the input from the Anti-Corruption and Integrity in Government Division of the Public Governance Directorate: Elena Konceviciute, Global Relations and Co‑operation Directorate/EURASIA: Celeste Laporte Talamon and Vakulik Mariia, and Anti-Corruption Division of the Directorate for Financial and Enterprise Affairs: Marion Barraclough.
Gratitude for the helpful support with the formatting, design, and promotion of this report of the study extends to Genieve Crump, Liv Gudmundson and Flora Monsaingeon-Lavuri, Communications Officers. The authors express their gratitude to the ACN's National Co-ordinators and other stakeholders in Kazakhstan for their input.