Article 156. Planning, Preparation, Starting, or Waging an Aggressive War 3 страница
3. Acts stipulated by the first or second part of this Article which are committed with violence or a threat to apply it, as well as with destruction or the damaging of someone else's property, or a threat to destroy or damage it, and in the absence of elements of extortion, -
shall be punished by imprisonment for a period from three to seven years with forfeiture of property, or without it.
Article 197. Malicious Violation of the Established Procedure for Conducting Public Tenders and Auctions
Malicious violation of the established procedure for the conducting of public tenders and auctions which caused considerable damage to a given proprietor, organiser of tenders or auctions, buyer, or another economic entity, -
shall be punished by a fine in an amount from five hundred up to two thousand monthly assessment indices, or by restriction of freedom for a period up to three years.
Article 198. Deliberately Fraudulent Advertising
The use by an advertiser in his advertisements of deliberately false information regarding goods, work, or services, as well as their producers, performers, or sellers, which is committed for venal purposes and which caused considerable damage, -
shall be punished by a fine in an amount from two hundred up to five hundred monthly assessment indices or in an amount of wages or other income of a given convict for a period from two to five months, or by engagement in public works for a period from one hundred eighty up to two hundred forty hours, or by detention under arrest for a period up to six months, or by correctional labour for a period up to two years, or restriction of freedom for a period up to two years, or by deprivation of freedom for the same period.
Article 199. Illegal Use of a Trade Mark
1. Illegal use of someone else's trade mark, service mark, firm's name, name of the place of goods' origin, or illegal use of marks similar to them for similar goods or services, if this act is committed repeatedly or caused considerable damage, -
shall be punished by a fine in an amount from two hundred up to five hundred monthly assessment indices, or in an amount of wages or other income of a given convict for a period from two to five months, or by engagement in public works for a period from one hundred eighty up to two hundred forty hours, or by detention under arrest for a period up to six months, or by correctional labour for a period up to two years.
2. Illegal use of warning instructions with regard to a trade mark, or name of the place of goods' origin, which is not registered in the Republic of Kazakhstan, if this act is committed repeatedly or caused considerable damage, -
shall be punished by a fine in an amount from one hundred up to two hundred monthly assessment indices, or in an amount of wages or other income of a given convict for a period up to two months, or by engagement in public works for a period from one hundred twenty up to one hundred eighty hours, or by detention under arrest for a period up to three months, or by correctional labour for a period up to one year.
Article 200. Illegal Receipt and Divulgation of Information Constituting a Commercial or Banking Secret
1. Gathering information which constitutes a commercial or banking secret by way of stealing documents, subornation or threatening with regard to persons who possess such a commercial or banking secret, or their relatives, as well as by way of interception in the means of communication, illegal penetration into a computer system or network, the use of special technical means, or by any other illegal method, for the purposes of divulgation or illegal use of such information, -
shall be punished by a fine in an amount from one hundred up to two hundred monthly assessment indices, or in an amount of wages or other income of a given convict for a period up to two months, or by correctional labour for a period up to two years, or by detention under arrest for a period up to six months, or by imprisonment for a period up to one year.
2. Illegal divulgation or the use of information which constitutes a commercial or banking secret, without the owner's consent, by a person to whom it was trusted due to his service or work position, which is committed for venal purposes or other personal interests, and which caused considerable damage, -
shall be punished by a fine in an amount from two hundred up to five hundred monthly calculation bases, or in an amount of wages or other income of a given convict for a period from two to five months, or by detention under arrest for a period from four to six months, or by correctional labour for a period from one to two years, or by imprisonment for a period up to three years with a fine in an amount up to one hundred monthly assessment indices, or in an amount of wages or other income of a given convict for a period up to one month, or without such a fine.
Article 201. Subornation of Participants and Organisers of Professional Sport Competitions and Show Commercial Contests
1. Subornation of sportsmen, sport referees, coaches, heads of teams, and other participants or organisers of professional sport competitions, as well as organisers or jury members of show commercial contests, for the purposes of exerting influence upon the results of such competitions or contests, -
shall be punished by a fine in an amount from one hundred up to two hundred monthly assessment indices, or in an amount of wages or other income of a given convict for a period up to two months, or by correctional labour for a period from six months up to one year, or detention under arrest for a period up to four months.
2. The same act committed repeatedly or by an organised group, -
shall be punished by imprisonment for a period up to three years.
3. Illegal receipt by sportsmen of money, securities, or other property, transferred to them for the purpose of exerting influence upon the results of competitions, as well as illegal use by sportsmen of services of material nature provided to them for the same purposes, -
shall be punished by a fine in an amount from two hundred up to five hundred monthly assessment indices, or in an amount of wages or other income of a given convict for a period from two to five months, or by deprivation of the right to hold certain positions or to engage in certain types of activity for a period up to three years, or by detention under arrest for a period from four to six months.
4. Illegal receipt of money, securities, or other property, or illegal use of services of material nature by sport referees, coaches, managers of teams, or by other participants or organisers of professional sport competitions, as well as by organisers or jury members of show commercial contests for the purposes indicated in the third part of this Article, -
shall be punished by imprisonment for a period up to four years with deprivation of the right to hold certain positions or to engage in certain types of activity for a period up to three years.
Article 202. Violation of the Procedure for Issuance (Emission) of Securities
Approval of a securities prospectus which contains deliberately false information, as well as approval of a deliberately inaccurate report on the securities issue, -
shall be punished by a fine in an amount from two hundred up to five hundred monthly assessment indices, or in an amount of wages or other income of a given convict for a period from two to five months, or by detention under arrest for a period from four to six months, or by correctional labour for a period from one to two years, or by imprisonment for a period up to three years with a fine in an amount up to one hundred monthly assessment indices, or in an amount of wages or other income of a given convict for a period up to one month, or without such a fine.
Article 203. Introduction into a Register of Securities Holders of Deliberately False Information
1. Introduction into a register of securities holders of deliberately false information which entailed the transfer of the rights to those securities to another person, -
shall be punished by a fine in an amount from three hundred up to five hundred monthly assessment indices, or in an amount of wages or other income of a given convict for a period from three to five months, or by correctional labour for a period up to one year, or by deprivation of the right to hold certain positions or to engage in certain types of activity for a period up to three years, or by detention under arrest for a period up to four months.
2. The same act, which caused considerable damage, -
shall be punished by a fine in an amount from five hundred up to one thousand monthly assessment indices, or in an amount of wages or other income of a given convict for a period from five to ten months, or by correctional labour for a period from one to two years, or by deprivation of the right to hold certain positions or to engage in certain types of activity for a period up to five years, or by detention under arrest for a period up to six months, or by imprisonment for a period up to two years with deprivation of the right to hold certain positions or to engage in certain types of activity for a period up to three years.
Article 204. Providing Deliberately False Information on Securities Transactions
The providing to the state bodies of deliberately false information concerning securities transactions, for the purposes of deriving material benefits, which caused considerable damage, -
shall be punished by a fine in an amount from three hundred up to five hundred monthly assessment indices, or in an amount of wages or other income of a given convict for a period from three to five months, or by correctional labour for a period up to two years, or by deprivation of the right to hold certain positions or to engage in certain types of activity for a period up to five years, or by detention under arrest for a period up to six months, or by imprisonment for a period up to one year with deprivation of the right to hold certain positions or to engage in certain types of activity for a period up to three years, or without such deprivation.
Article 205. Violation of the Rules for Conducting Securities Transactions
1. Violation of the rules for conducting securities transactions which caused considerable damage,
shall be punished by a fine in an amount from five hundred up to one thousand monthly assessment indices, or in an amount of wages or other income of a given convict for a period from five to ten months, or by deprivation of the right to hold certain positions or to engage in certain types of activity for a period up to five years, or by detention under arrest for a period up to six months, or by imprisonment for a period up to one year with deprivation of the right to hold certain positions or to engage in certain types of activity for a period up to three years, or without such deprivation.
2. The same act committed repeatedly or by a group of persons upon a preliminary collusion, or by an organised group, -
shall be punished by a fine in an amount from one to two thousand monthly assessment indices, or in an amount of wages or other income of a given convict for a period from ten months up to one year, or by deprivation of the right to hold certain positions or to engage in certain types of activity for a period up to five years, or by detention under arrest for a period up to six months, or by imprisonment for a period up to three years with deprivation of the right to hold certain positions or to engage in certain types of activity for a period up to three years and with forfeiture of property, or without such forfeiture.
Article 206. Manufacture or Distribution of Counterfeit Money or Securities
1. Manufacture or storage for the purpose of distribution, as well as distribution of counterfeit banknotes and coins of the National Bank of the Republic of Kazakhstan, state securities, or other securities in the currency of the Republic of Kazakhstan, as well as counterfeit foreign currency or securities in foreign currency, -
shall be punished by imprisonment for a period up to five years with forfeiture of property, or without it.
2. The same acts committed in a large amount, or by a person who was earlier convicted for manufacture of distribution of counterfeit money or securities, -
shall be punished by imprisonment for a period from five to ten years with forfeiture of property.
3. Acts stipulated by the first or second part of this Article which are committed by an organised group, -
shall be punished by imprisonment for a period from eight to fifteen years with forfeiture of property.
Article 207. Manufacture or Distribution of Counterfeit Payment Cards or Other Payment and Settlement Documents
1. Manufacture for the purpose of distribution, or distribution of counterfeit payment cards, as well as other payment or settlement documents which are not securities, -
shall be punished by imprisonment for a period up to three years with a fine in an amount from five hundred up to seven hundred monthly assessment indices, or in an amount of wages or other income of a given convict for a period from five to seven months.
2. The same acts committed repeatedly or by an organised group, -
shall be punished by imprisonment for a period from four to seven years with forfeiture of property.
Article 208. Violation of the Procedure and Rules for Marking of Excisable Goods with Excise Duty Stamps, Counterfeit and Use of Excise Duty Stamps [introduced by 3]
1. Violation of the procedure and rules for marking excisable goods with excise duty stamps, if it caused material harm, -
shall be punished with a fine in an amount from five hundred to seven hundred of monthly assessment indices or in an amount of work remuneration or any other income of the sentenced person for a period from five to seven months, or correctional labour for a period from one year up to two years, or deprivation of the right to hold certain positions or engage in certain activities for a period up to two years, or arrest for a period up to six months, or deprivation of freedom for a period up to two years with deprivation of the right to hold certain positions or engage in certain activities for a period up to three years, or without such.
2. Manufacture or purchase for the purposes of marketing, and equally use or marketing of deliberately counterfeit excise duty stamps, -
shall be deprived of freedom for a period up three years with a fine in an amount from five hundred to one thousand of monthly assessment indices or in an amount of work remuneration or any other income of a given sentenced person for a period from five to ten months with deprivation of the right to hold certain positions or engage in certain activities for a period up to three years, or without such.
Note. Caused harm worth of an amount in excess of one hundred monthly assessment indices shall be recognised as material for the purposes of this Article.
Article 209. Economic Contraband
1. The transferring in a large amount across the customs border of the Republic of Kazakhstan of goods or other objects, except for those indicated in Article 250 of the present Code, which is committed without customs supervision or with concealment from it, or with a fraudulent use of documents or means of customs identification, or the transferring which is associated with non-declaration or fraudulent declaration of prohibited, or restricted for transfer across the customs border, goods, items, or valuables, with regard to which special rules are established for their transfer across the customs border, -
shall be punished by a fine in an amount from two hundred up to five hundred monthly assessment indices, or in an amount of wages or other income of a given convict for a period from two to five months with confiscation of property or without the same, or by detention under arrest for a period from four to six months, or by correctional labour for a period from one to two years, or by imprisonment for a period up to three years with a fine in an amount up to one hundred monthly assessment indices, or in an amount of wages or other income of a given convict for a period up to one month, or without such a fine.
2. The same act committed:
a) repeatedly;
b) by person with the use of his service position;
c) with violence with regard to a person who carries out customs supervision, -
shall be punished by imprisonment for a period from two to five years with forfeiture of property, or without it.
3. Acts specified in the first or second part of this Article, committed as follows:
a) by a person authorised to carry out state functions, or by a person equated to such, where those functions are associated with the exercise of his office functions;
b) by an organised group,
shall be punished by deprivation of freedom for a period from three to eight years with deprivation of the right to hold certain positions or engage in certain activities for a period up to three years, and in the cases specified by paragraph a), up to seven years with confiscation of assets.
Note. Acts stipulated by this chapter shall be recognised as committed in a large amount, if the value of transferred goods exceeds one thousand monthly assessment indices.
Article 213. Non-Return of Funds in Foreign Currency from Abroad
A failure of the head of an organisation to return from abroad funds in a foreign currency in a large amount, which are subject, in accordance with legislation of the Republic of Kazakhstan, to obligatory transfer to accounts in a given authorised bank of the Republic of Kazakhstan, -
shall be punished by imprisonment for a period up to three years with deprivation of the right to hold certain positions or to engage in certain types of activity for a period up to three years, or without it.
Note. The act stipulated by this Article shall be recognised as committed in a large amount, if an amount of unreturned funds in a foreign currency exceeds five thousand monthly assessment indices.
Article 214. Evasion of Making Customs Payments and Levies
1. Evasion of payment of customs duties, taxes, customs levies, levies for the issuance of a license, or other customs payments in large amounts, -
shall be punished by a fine in an amount from five hundred up to seven hundred monthly assessment indices, or in an amount of wages or other income of a given convict for a period from five to seven months, or by correctional labour for a period up to one year, or by restriction of freedom for a period up to two years, or by detention under arrest for a period up to four months, or by imprisonment for a period up to one year.
2. The same act committed:
a) repeatedly;
b) by an official with the use of his service position;
c) by an organised group or a criminal association (criminal organisation), -
shall be punished by a fine in an amount from seven hundred up to one thousand monthly assessment indices, or in an amount of wages or other income of a given convict for a period from seven months up to one year, or by correctional labour for a period up from one year up to two years, or by restriction of freedom for a period up to three years, or by detention under arrest for a period from four to six months, or by imprisonment for a period for a period up to three years.
Note. Evasion of making customs payments shall be recognised as committed in a large amount if the total value of unpaid customs payments exceeds one thousand monthly assessment indices.
Article 215. Illegal Actions in Bankruptcy
1. Concealment of property or material obligations, as well as of information concerning property, its amount, location, or other information concerning property, the transfer of property to someone else's ownership, alienation or destruction of property, as well as concealment, destruction, or falsification of accounting or other reporting documents which record the economic activity, if those actions are committed by the head or the owner of a given debtor-enterprise, or by an individual entrepreneur in case of his bankruptcy, or in anticipation of bankruptcy, and if they caused considerable damage, -
shall be punished by a fine in an amount from seven hundred up to one thousand monthly assessment indices, or in an amount of wages or other income of a given convict for a period from seven months up to one year, or by correctional labour for a period from one to two years, or by restriction of freedom for a period up to two years, or by detention under arrest for a period from four to six months, or by imprisonment for a period for a period up to two years with a fine in an amount from two hundred up to five hundred monthly assessment indices, or in an amount of wages or other income of a given convict for a period from two to five months.
2. Deliberate illegal satisfaction of property claims of certain creditors by the head or owner of a debtor-organisation, or by an individual entrepreneur who is aware of his actual insolvency (bankruptcy) to the detriment of other creditors, if this action caused considerable damage, -
shall be punished by a fine in an amount from five hundred up to seven hundred monthly assessment indices, or in an amount of wages or other income of a given convict for a period from five to seven months, or by correctional labour for a period up to one year, or by restriction of freedom for a period up to two years, or by detention under arrest for a period up to four months, or by imprisonment for a period up to one year with a fine in an amount from one hundred up to two hundred monthly assessment indices, or in an amount of wages or other income of a given convict for a period from one to two months, or without it.
Article 216. Deliberate Bankruptcy
Deliberate bankruptcy, that is deliberate creation or increasing of insolvency, which is committed by the head or owner of a commercial organisation, as well as by an individual entrepreneur for personal interests or interests of other persons, which caused considerable damage or other serious consequences, -
shall be punished by a fine in an amount from five hundred up to eight hundred monthly assessment indices, or in an amount of wages or other income of a given convict for a period from five to eight months, or by restriction of freedom for a period up to one year, or by detention under arrest for a period up to four months, or by imprisonment for a period for a period up to one year with a fine in an amount from one hundred up to two hundred monthly assessment indices, or in an amount of wages or other income of a given convict for a period from one to two months, or without it.
Article 217. False Bankruptcy
Deliberately false declaration by the head or owner of a commercial organisation, as well as by an individual entrepreneur, of his insolvency for the purpose of misleading creditors in order to receive a deferral or installment for payments due to creditors, or to receive a discount from debts, as well as for the purpose of non-payment of debts, if this act caused a considerable damage, -
shall be punished by a fine in an amount from five hundred up to eight hundred monthly assessment indices, or in an amount of wages or other income of a given convict for a period from five to eight months, or by restriction of freedom for a period up to one year, or by detention under arrest for a period up to four months, or by imprisonment for a period up to one year with a fine in an amount from one hundred up to two hundred monthly assessment indices, or in an amount of wages or other income of a given convict for a period from one to two months, or without it.
Article 218. Violation of the Rules for Accounting
Evasion by a person authorised to keep accounts of an obligation to record in documents information stipulated by legislation, or the introduction by that person into accounting or other reporting documents of deliberately false information concerning the business and financial activity of a given organisation, as well as destruction of financial or other accounting or reporting documents prior to the expiration of period for their keeping, which caused considerable damage, -
shall be punished by a fine in an amount up to three hundred monthly assessment indices, or in an amount of wages or other income of a given convict for a period up to three months, or by correctional labour for a period up to one year, or by imprisonment for a period up to one year with a fine in an amount up to one hundred monthly assessment indices, or in an amount of wages or other income of a given convict for a period up to one month.
Article 219. Submission of Deliberately False Information Concerning Banking Transactions
Submission by employees of a given bank of deliberately false information concerning operations under bank accounts of legal entities or physical persons, as well as the issuance of guarantees, or other obligations unsecured by the actual financial status of a given bank, a guilty party being aware of that fact, if these actions entailed or could have entailed the causation of considerable damage to a citizen, organisation, or the state, -
shall be punished by a fine in an amount from seven hundred up to one thousand monthly assessment indices, or in an amount of wages or other income of a given convict for a period from seven months up to one year, or by correctional labour for a period from one year up to two years, or by restriction of freedom for a period up to two years, or by detention under arrest for a period from four to six months, or by imprisonment for a period up to two years with a fine in an amount from two hundred up to five hundred monthly assessment indices, or in an amount of wages or other income of a given convict for a period from two to five months, and with deprivation of the right to hold certain positions or to engage in certain types of activity for a period up to three years.
Article 220. Illegal Use of Monetary Funds of a Bank
1. The use by employees of a given bank of its own funds and (or) borrowed funds for the issuance of deliberately uncollectible loans, or for the commission of transactions deliberately unprofitable for a given bank, as well as the granting of baseless guarantees or ungrounded privileged terms to that bank's clients or to other entities, if these actions caused considerable damage to a citizen, organisation, or the state, -
shall be punished by a fine in an amount from two hundred up to five hundred monthly assessment indices, or in an amount of wages or other income of a given convict for a period from two to five months, or by detention under arrest for a period from four to six months, or by correctional labour for a period up to two years, or by imprisonment for a period up to three years with a fine in an amount up to three hundred monthly assessment indices, or in an amount of wages or other income of a given convict for a period up to three months, or without it, and with deprivation of the right to hold certain positions or to engage in certain types of activity for a period up to three years.
2. Deliberately incorrect or deliberately untimely transfer by a bank's employees of monetary funds, including currency funds to clients' bank accounts, if such an action caused considerable damage to a citizen, organisation, or the state, -
|
