Offering and Accepting Bribes Must Be Criminalized
Kazakhstan's corruption crisis persists despite policy reforms and declining cases
Corruption remains one of the most serious obstacles to our society's development. It is no coincidence that Kazakhstan's Law On National Security lists it among the country's primary threats in Article 6.
One of the most widespread and dangerous forms of corruption is bribery. It undermines citizens' constitutional rights and interests, erodes democratic institutions and the rule of law, discredits the work of government agencies, distorts legal principles, and hinders economic reforms. Bribery lowers the quality of life for the country's residents, triggering a cascade of negative consequences.
A recent case illustrates the potential fallout from corruption. Kazakhstan's Anti-Corruption Service uncovered violations in vehicle registration and the issuance of driver's licenses. Over three years, more than 3,000 illegal cars were registered, and 60,000 driver's licenses were issued unlawfully. This means that, due to corruption in licensing, thousands of inadequately trained drivers take to the roads daily, contributing to a rise in traffic accidents—including fatal ones.
The term bribery encompasses three interrelated offenses: accepting a bribe, offering a bribe, and acting as an intermediary in bribery. According to data from the Legal Statistics and Special Records Committee of the Prosecutor General's Office, the number of registered corruption-related crimes in Kazakhstan has declined over the past three years—from 1,692 in 2023 to 1,220 in 2025. Of these, 1,068 and 670 cases, respectively, involved bribery. In other words, over half of all corruption offenses fall under Articles 366 (accepting a bribe), 367 (offering a bribe), and 368 (acting as an intermediary) of Kazakhstan's Criminal Code.
Yet other data paints a different picture. Transparency International, an independent global organization, ranked 182 countries and territories in its 2025 Corruption Perceptions Index, based on assessments by experts and the business community regarding corruption in the public sector. Kazakhstan scored 38 out of 100, placing 96th out of 182—down from 88th in 2024. Countries scoring below 50 are considered highly corrupt.
It is important to note that these figures do not reflect the true scale of bribery in Kazakhstan. Multiple public opinion surveys on the prevalence of bribery suggest that one in three residents has experience offering a bribe. With an adult population of roughly 14 million, this implies that over 4 million people have paid bribes—and a similar number have received them.
Less than one percent of corruption offenses are detected annually compared to the actual number committed. In this regard, we must agree with the Russian scholar Mikhail Podgrushny, who argues that "effectively combating corruption and bribery requires more than just reducing the number of detected cases—it demands lowering the latent crime rate and ensuring the inevitability of criminal or other legal consequences."
Corruption-related crimes, particularly bribery, are characterized by an exceptionally high level of latency—that is, they remain largely undetected. Research conducted both domestically and abroad has shown that the latent rate of bribery approaches 100%. In other words, for every 100 actual cases, fewer than one is uncovered.
Thus, a decline in registered offenses does not indicate a real reduction in crime. On the contrary, such a decrease suggests deficiencies in law enforcement and specialized agencies—whether due to underreporting or inadequate investigative work.
One of the most effective preventive measures would be to establish criminal liability for consenting to receive a bribe, soliciting or demanding a bribe, offering a bribe, or promising to give one. Criminalizing these acts would align Kazakhstan's legislation with the UN Convention against Corruption and bring domestic law into compliance with international anti-corruption standards. To this end, we propose amending the Criminal Code with two new articles: Article 366-1 ("Consent to Receive, Solicitation, or Demand of a Bribe") and Article 367-1 ("Offering or Promising a Bribe").
Many developed nations already criminalize such conduct, including Germany, Spain, and Poland (under their criminal codes), the United States (in its federal penal statutes), Estonia (in its Penitentiary Code), and the United Kingdom (under its Bribery Act). These actions are recognized as criminal offenses in most advanced countries that have ratified the UN Convention against Corruption. Kazakhstan, having acceded to the convention in 2008, should follow their lead by criminalizing these acts. Doing so would fulfill international standards in combating corruption—and, notably, these countries exhibit far lower corruption rates as a result.
The need to criminalize such actions is already outlined in Kazakhstan's 2022–2026 Anti-Corruption Policy Concept, which states: "To strengthen preventive mechanisms, it is necessary to criminalize the offering or promising of bribes, in line with international standards." To implement this policy document, preparations are underway for a draft law introducing criminal liability for bribe offers and promises.
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