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Is there liability for non-performance or poor performance of obligations by non-governmental organizations that have received a grant?

In the Republic of Kazakhstan, responsibility for the use of the Republican budget funds is regulated by the Budget and Civil codes, according to which the final recipients are responsible for their intended and reasonable use.

According to the norms of the Budget code, the grantee is the ultimate recipient of budgetary funds.

Examples of liabilities:

  • In case of violation of copyright and related rights provided for liability under article 198 of the Penal code.

1. Illegal use of objects of copyright and (or) related rights, as well as acquisition, storage, transfer or production of pirated copies of objects of copyright and (or) related rights in order of sale or appropriation of authorship or compulsion to co-authorship –

shall be punished by the fine in the amount of up to one hundred monthly calculation indices or correction works in the same amount, or community services for the term of up to one hundred twenty hours.

2. The same actions, if they are committed by a significant amount or inflicted significant damage or substantial harm to the rights or legal interests of author or other possessor of right, or committed repeatedly, –

shall be punished by the fine in the amount of up to three hundred monthly calculation indices or correctional works in the same amount, or community services for the term of up to two hundred forty hours, or arrest for the term of up to seventy five days.

3. The actions, provided by second part of this Article, committed:

1) by group of persons on previous concert;

2) on a large scale or inflicted heavy damage;

3) by person with the use of his (her) official position, –

shall be punished by the fine in the amount of up to five thousand monthly calculation indices or correctional works in the same amount, or restriction of liberty for the term of up to five years, or imprisonment for the same term, with deprivation of the right to occupy determined positions or to engage in a determined activity for the term of up to three years or without it.

4. The actions, provided by second or third parts of this Article, committed by criminal group, –

shall be punished by imprisonment for the term of three to six years.

  • Fraud or theft in the implementation of social projects.

Article 190 of the Penal code provides as follows:

1. Fraud, in other words theft of another’s property or acquisition of right to another’s property by false pretenses or abuse of trust, –

shall be punished by the fine in the amount of up to one thousand monthly calculation indices or correctional works in the same amount, or restriction of liberty for the term of up to two years, or imprisonment for the same term, with confiscation of property.

2. Fraud, committed:

1) by group of persons on previous concert;

2) excluded by the Law of the Republic of Kazakhstan dated 21.01.2009 № 217-VI (shall be enforced upon expiry of ten calendar days after the date of its first official publication);

3) by person with the use of his (her) official position;

4) by false pretenses or abuse of trust, of the user of information system;

5) in the scope of the state purchases, –

shall be punished by the fine in the amount of up to four thousand monthly calculation indices or correctional works in the same amount, or restriction of liberty for the term of up to four years, or imprisonment for the same term, with confiscation of property, with deprivation of the right to occupy determined positions or to engage in a determined activity for the term of up to three years or without it.

3. Fraud, committed:

1) on a large scale;

2) by person, authorized to perform the state functions, or person equated to him (her), or civil servant, or person, holding responsible state position, if they are linked with the use of his (her) official position by them;

3) in relation of two or more persons, –

shall be punished by imprisonment for the term of three to seven years with confiscation of property, and in the cases, provided by paragraph 2), with deprivation of the right to occupy determined positions or to engage in a determined activity for life.

4. The actions, provided by first, second or third parts of this Article, if they are committed:

1) by criminal group;

2) on a special large scale, – shall be punished by imprisonment for the term of five to ten years with confiscation of property, with deprivation of the right to occupy determined positions or to engage in a determined activity for life or without it.