Law of 31 December 2024 No. 209 “On Amendments to Some Legal Acts of the Republic of Kyrgyzstan in Anti-Corruption Area” (Коррупцияга каршы аракеттенүү чөйрөсүндөгү Кыргыз Республикасынын айрым мыйзам актыларына өзгөртүүлөрдү киргизүү жөнүндө, hereinafter, the Law) provides, in particular, for the following amendments:

1. Liability measures

One of the key novelties consists in the exclusion of corruption crimes from the list of offences punishable by a fine. For instance, under the previous version of the Criminal Code, these crimes - abuse of office, conclusion of a knowingly disadvantageous contract, illicit enrichment, passive bribery, active bribery, extortion of a bribe, mediation in bribery, participation of an official in entrepreneurial activities - could be punished by a fine or liability in another form, including in the form of imprisonment. The amendments made to the Criminal Code deprive the corrupt of the possibility to “pay off” the liability for corruption offences.

Under the Law, even in the event of conclusion of an agreement of admission of guilt and complete reparation of the material damage*, the court will sentence the convicted under articles 336-348 of the Criminal Code (corruption and other crimes against the interests of the public and municipal service) to imprisonment of at least a half of the minimal period of punishment provided for by the article under which the individual is found guilty.

Moreover, the commission of corruption crimes is now necessarily punishable by deprivation of the right to hold certain positions or undertake certain activities: the convicted are imposed a lifetime ban on occupying positions in the public and municipal service. It his noteworthy that this liability measure is now foreseen also for active bribery: 1) in case of a big or particularly big amount of the bribe; 2) for committing a knowingly unlawful act (omission), 3) by officials, including those holding positions of responsibility, - the individual is subject to imprisonment and deprivation of the right to hold certain positions or undertake certain activities for committing the respective offense.

2. Change of elements of the illicit enrichment crime

Under the previous version of the Criminal Code, illicit enrichment meant the acquisition by an official of the property that is proceeds of crime or recognized as illegal that initially belonged to a different person and the price of which exceeds the official income of the official proved by legal sources for the last two years.

Illicit enrichment is now defined as acquisition by an official of the property the price of which exceeds his/her official income for the last two years or transfer of such property by him/her to his/her close relatives or other persons.

3. Prohibitions

The Law also introduces amendments to a number of legal acts.

In particular, the legal act provides for the lifetime ban on doing the following for the individuals convicted of corruption crimes also in the event that their criminal record was extinguished or expunged or with regard to whom the criminal corruption case was dismissed on non-exonerative grounds:

• Holding a public civil or municipal service position;
• Holding the position of Ombudsman (Акыйкатчы), bailiff, Akim (Governor) or the first deputy (deputy) of Akim, mayor of a town, and that of head of a rural council (айыл окмоту);
• Being elected as a deputy of a local kenesh;
• Beginning military service under the contract.

The Law also prohibits the individuals whose spouses and close relatives have a non extinguished or expunged criminal record for committing serious or particularly serious crimes including corruption ones from beginning military service under the contract, holding the post of bailiff and positions in law enforcement agencies.

*Kyrgyzstan has previously had the situations where the individuals accused of corruption managed to escape imprisonment by repairing damages. One of the most well-known case was that of Raimbek Matraimov, former deputy head of the State Customs Service who, according to the information provided by Kamchybek Tashiev, Chairman of the State Committee for National Security, paid KGS 19.5 billion (roughly USD 223 million) to the State budget.