Article 156. Planning, Preparation, Starting, or Waging an Aggressive War 6 страница

 

b) several times;

 

c) in relation to narcotic substances or psychotropic substances in a large quantity, -

 

shall be punished with deprivation of freedom for a period from seven to twelve years with confiscation of property.

 

4. Illegal purchase, transportation or storage for the purposes of marketing, manufacture, processing, shipment or selling of narcotic substances or psychotropic substances, committed:

 

a) by an organised group or a criminal community (criminal organisation);

 

b) in relation to narcotic substances or psychotropic substances in especially-large quantity, -

 

shall be punished with deprivation of freedom for a period from ten to fifteen years with confiscation of property.

 

Note. 1. A person who voluntarily surrendered narcotic or psychotropic substances, or voluntarily applied to a medical institution for medical assistance in relation to the use of narcotics for non-medical purposes, and who actively contributed to disclosure or prevention of crimes associated with illegal turnover of narcotic or psychotropic substances, as well as to the exposing of persons having committed them, or disclosure of property acquired in an illegal way, shall be exempt from criminal liability under this Article.

 

2. Large and especially large amount of narcotic drugs and psychotropic substances under this Article shall be determined on the basis of the Consolidated table for recognition of narcotic drugs, psychotropic substances and precursors as found in illegal handling in small, large and especially large amounts, as approved by the Law of the Republic of Kazakhstan «Concerning Narcotic Drugs, Psychotropic Substances, Precursors and Measures for Counteraction to Their Illegal Handling and Abuse».

 

Article 260. Stealing or Extortion of Narcotic or Psychotropic Substances

 

1. Stealing or extortion of narcotic or psychotropic substances, -

 

shall be punished by imprisonment for a period from three to seven years.

 

2. The same acts committed:

 

a) by a group of persons upon a preliminary collusion;

 

b) repeatedly;

 

c) by a person with the use of his service position;

 

d) with violence which is not dangerous for the life or health, or with a threat of such violence, -

 

shall be punished by imprisonment for a period from six to ten years with forfeiture or property, or without it.

 

3. Acts stipulated by the first or second part of this Article which are committed:

 

a) by an organised group;

 

b) with regard to narcotic or psychotropic substances in a large amount;

 

c) with violence which is dangerous for the life or health, or with a threat of such violence, -

 

shall be punished by imprisonment for a period from eight to fifteen years, with forfeiture of property.

 

Article 261. Inclining to the Use of Narcotic or Psychotropic Substances

 

1. Inclining to the use of narcotic or psychotropic substances, -

 

shall be punished by restriction of freedom for a period up to three years, or by detention under arrest for a period up to six months, or by imprisonment for a period up to four years.

 

2. The same act committed:

 

a) by a group of persons upon a preliminary collusion;

 

b) repeatedly;

 

c) with regard to an underage person, a guilty party being aware of that fact, or with regard to two or more persons;

 

d) with violence or a threat of violence, -

 

shall be punished by imprisonment for a period from three to eight years.

 

3. Acts stipulated by the first or second part of this Article, if they entailed by negligence the death of a victim or other serious consequences,

 

shall be punished by imprisonment for a period from six to twelve years.

 

Article 262. Illegal Cultivation of Plants Which Are Prohibited for Cultivation and Contain Narcotic Substances

 

1. Sowing or growing of plants prohibited for cultivation, or cultivation of varieties of hemp, poppy, or other plants containing narcotic substances, -

 

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 imprisonment for a period up to two years.

 

2. The same acts committed:

 

a) by a group of persons upon a preliminary collusion;

 

b) repeatedly;

 

c) in a large amount, -

 

shall be punished by imprisonment for a period from three to eight years.

 

Article 263. Illegal Circulation of Toxic Substances, As Well as Substances, Tools or Equipment Used for Manufacture of Processing of Narcotic Substances or Psychotropic or Toxic Substances

 

1. Illegal manufacture, processing, purchase, storage, carriage, shipment for purposes of selling and equally the illegal marketing of toxic substances which are not narcotic substances or psychotropic substances, or tools or equipment for their manufacture or processing, -

 

shall be punished with deprivation of freedom for a period up to five years.

 

2. Illegal manufacture, purchase, storage, transportation, shipment for the purpose of selling, and equally illegal marketing of substances, tools or equipment used for manufacture or processing of narcotic substances or psychotropic substances, -

 

shall be punished with deprivation of freedom for a period up to six years.

 

3. The acts specified in the first or second part of this Article committed by a person with the use of his official position or by a group of persons on a prior collusion or repeatedly, -

 

shall be punished with deprivation of freedom for a period from five to eight years.

 

4. The acts specified in the first or second parts of this Article committed by an organised group, -

 

shall be punished by deprivation of freedom for a period from seven to ten years.

 

Article 264. The Organisation or Maintenance of Haunts for the Use of Narcotic or Psychotropic Substances

 

1. The organisation or maintenance of haunts for the use of narcotic or psychotropic substances, -

 

shall be punished by imprisonment for a period up to four years.

 

2. The same act committed by a person with the use of his official position, or committed repeatedly, or by an organised group, -

 

shall be punished by imprisonment for a period from three to seven years.

 

Article 265. Violation of the Rules for Treatment of Narcotic, Psychotropic, or Toxic Substances

 

1. Violation of the rules for the production, manufacture, processing, purchase, storage, accounting for, distribution, transportation, import, export, sending, or destruction or narcotic substances, as well as psychotropic, or toxic substances, if this act is committed by a person whose duty is to comply with the indicated rules, -

 

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 correctional labour for a period up to one year, 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 it.

 

2. The same act which entailed stealing of narcotic, psychotropic, or toxic substances, or the causation of considerable damage, -

 

shall be punished by correctional labour for a period up to two years, or by restriction of freedom for a period up to two years, 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.

 

Article 266. Illegal Engagement in Private Medical Practice, or Private Pharmaceutical Activity Illegal Issuing or Counterfeit of Prescriptions or Other Documents Giving the Right to Receive Narcotic Substances or Psychotropic Substances

 

1. Engagement in private medical practice or private pharmaceutical activity by a person who does not have a license for the type of activity chosen by him, if it entailed by negligence the causation of damage to a man's health, -

 

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 three to six months, or by imprisonment for a period up to three years.

 

2. The same act which entailed by negligence the death of a man or other serious consequences, -

 

shall be punished by restriction of freedom for a period up to five years, or by imprisonment for the same period.

 

3. Illegal issuing or counterfeit of prescriptions or other documents giving the right to receive narcotic substances or psychotropic substances, -

 

shall be punished with 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.

 

Article 267. Violation of Sanitary-Epidemiological Rules

 

1. Violation of sanitary-epidemiological rules which entailed by negligence mass spreading of a disease or the poisoning of people, -

 

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 restriction of freedom for a period up to two years, or by imprisonment for the same period.

 

2. The same act which entailed by negligence the death of a person, -

 

shall be punished by restriction of freedom for a period up to five years, or by imprisonment for the same period.

 

Article 268. Concealment of Information on Circumstances Creating Danger to People's Life or Health

 

1. Concealment or distortion of information concerning events, facts, or phenomena creating danger for people's life or health, or for the environment, which is committed by a person who is obligated to provide the population with such information, -

 

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 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, or without it.

 

2. The same acts which entailed by negligence the causation of damage to a man's health or other serious consequences, -

 

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 restriction of freedom for a period up to four years, or by imprisonment for the same period 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.

 

Article 269. Output or Sale of Goods, Performance of Work, or the Rendering of Services Which Do Not Comply with the Safety Rules

 

1. Output or sale of goods, performance of work, or the rendering of services which do not comply with the rules for safety of consumers' life and health, as well as unlawful issuance or use of an official document certifying the compliance of said goods, work, or services, with the safety rules, if these acts entailed by negligence the causation of damage to a man's health, -

 

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 restriction of freedom for a period up to three years, 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, or without it.

 

2. The same acts if they:

 

a) are committed with regard to goods, work, or services intended for small children;

 

b) entailed by negligence the causation of damage to health of two or more people;

 

c) entailed by negligence a man's death, -

 

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 restriction of freedom for a period up to three years, or by imprisonment for a period up to five 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.

 

3. Acts stipulated in the first or second part of this Article which entailed by negligence the death of two or more people, -

 

shall be punished by imprisonment for a period from four to eight years.

 

Article 270. Drawing into Prostitution

 

1. Drawing into prostitution by way of violence or a threat to apply it, the use of a dependent position, blackmail, destruction or damaging property, or by way of deceit, -

 

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 imprisonment for a period up to five years.

 

2. The same act committed by an organised group, as well as by a person who was earlier convicted for drawing into prostitution, or the organisation or the keeping of haunts, or for pandering, -

 

shall be punished by imprisonment for a period from three to seven years.

 

Article 271. The Organisation or Maintenance of Whore-Houses and Pandering

 

1. The organisation and maintenance of whore-houses, as well as pandering for venal purposes, - 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 months to one year, or by imprisonment for a period up to three years.

 

2. The same acts committed by an organised group, as well as by a person who was earlier convicted for the organisation or maintenance of haunts, or pandering, or for drawing into prostitution, - shall be punished by imprisonment for a period up to five years.

 

Article 272. The Organisation or Maintenance of Haunts for Intoxicating with the Use of Medicinal or Other Substances

 

1. The organisation or maintenance of haunts for intoxicating with the use of medicinal or other means or substances, which are not categorised as narcotics or psychotropic substances, as well as the granting of premises for those purposes, - shall be punished by a fine in an amount from two hundred to five hundred monthly assessment indices or in amount of a wage or other income of the convict for a period up to four months or detention under arrest for a period up to six months, or by imprisonment for a period up to two years.

 

2. Acts stipulated by the first part of this Article which are committed by an organised group, - shall be punished by imprisonment for a period from two to five years.

 

Article 273. Illegal Distribution of Pornographic Materials or Objects

 

Illegal manufacture for the purposes of distribution or advertisement, or distribution and advertisement of pornographic materials or objects, as well as illegal trade in publications, cinema or video materials, pictures, or other objects of a pornographic character, - 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 months up to one year, or by correctional labour for a period up to two years, or by imprisonment for a period up to two years with forfeiture of pornographic materials or objects, as well as means of their production or reproduction.

 

Article 274. Illegal Distribution of Works Propagating the Cult of Cruelty and Violence

 

Illegal manufacture for the purposes of distribution or advertisement, or distribution, advertisement, or demonstration of cinema and video materials or other works which propagate the cult of cruelty and violence, as well as illegal trade in publications, cinema or video materials propagating the cult of cruelty and violence, - 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 correctional labour for a period up to one year, or by imprisonment for a period up to two years, with forfeiture of works propagating the cult of cruelty and violence, as well as means of their production or reproduction.

 

Article 275. Outrage upon Bodies of the Deceased or Places of Their Burial

 

1. Violation of bodies of the deceased or destruction, damaging, or desecration of places of burial, tombs, or cemetery buildings which are intended for ceremonies in relation to burial or commemoration, - shall be punished by a fine in an amount from one 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 one to five months, or by engagement in public works for a period from one hundred twenty up to one hundred eighty hours, or by correctional labour for a period from six months up to one year, or by detention under arrest for a period up to four months, or by imprisonment for a period up to three years.

 

shall be punished by restriction of liberty for the period of up to five years or by deprivation of liberty for the same period

 

2. The same acts committed:

 

a) repeatedly;

 

b) by a group of persons upon a preliminary collusion or by an organised group;

 

c) for motives of national, racial, or religious hatred or enmity;

 

d) with violence or a threat to apply it, -

 

shall be punished by imprisonment for a period from two to five years.

 

Article 276. Cruel Treatment of Animals

 

1. Cruel treatment of animals which entailed their death or injury, if this act is committed for motives of hooliganism, or with the use of sadistic methods, or in the presence of small children, - shall be punished by a fine in an amount from one 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 by correctional labour for a period up to one year, or by detention under arrest for a period up to six months.

 

2. The same act committed by a group of persons, or by a group of persons upon a preliminary collusion, or by an organised group, or committed repeatedly, - 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 correctional labour for a period up to two years, or restriction of freedom for a period up to two years, or arrest for a period from three to six months.

 

Chapter 11. Ecological Crimes

 

Article 277. Violation of Ecological Requirements for Economic and Other Activity

 

Violation of ecological requirements for the use of natural resources, engineering, deployment, construction, or reconstruction, input into operation, or operation of enterprises, installations, or other facilities, as well as in the operation of facilities of industry, energy sector, transport, or communication, facilities of agricultural designation and melioration, in the construction of cities or other populated areas, military and defence facilities, or in the military or space activity, by persons who are responsible for the compliance with them, if this entailed considerable pollution of the environment, the causation of damage to human health, mass perishing of flora or fauna, or other serious consequences, - shall be punished by imprisonment for a period up to five 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.

 

Article 278. Violation of Ecological Requirements in the Production and Use of Chemical, Radioactive, or Biological Substances Which Are Potentially Dangerous to Ecology

 

1. Violation of ecological requirements in the production, transportation, storage, burial, use, or other treatment of chemical, radioactive, or biological substances, which are potentially dangerous to ecology, if these acts created a threat of the causation of considerable damage to human health or to the environment, - 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 restriction of freedom for a period up to three years, or by imprisonment for a period up to two years.

 

2. The same act which entailed pollution, poisoning, or contamination of the environment, the causation of damage to human health, or mass perishing of flora or fauna, as well as such an act committed on the territory with an endangered ecological situation, - shall be punished by imprisonment for a period up to five years.

 

3. Acts stipulated in the first or second part of this Article which entailed by negligence mass spreading of disease among people or the death of a person, - shall be punished by imprisonment for a period from three to eight years.

 

Article 279. Violation of Safety Rules in Treatment of Micro-Biological or Other Biological Agents or Toxins

 

1. Violation of ecological requirements in warehousing, destruction, or burial or micro-biological or other biological agents or toxins, or their illegal import into the Republic of Kazakhstan for processing, storage, or burial, if this entailed a threat of the causation of considerable damage to the health of a person or to the environment, - 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 restriction of freedom for a period up to three years, or by imprisonment for a period up to two years.

 

2. The same act which entailed pollution, poisoning, or contamination of the environment, the causation of damage to a person's health, or mass perishing of fauna or flora, as well as such an act committed on the territory with endangered ecological situation, - shall be punished by imprisonment for a period up to five years.

 

3. Acts stipulated by the first or second parts of this Article, which entailed by negligence mass spreading of disease among people or a person's death, - shall be punished by imprisonment for a period from three to eight years.

 

Article 280. Violation of the Veterinary Rules and the Rules Established for Combating Plants' Diseases and Agricultural Pests

 

1. Violation of the veterinary rules which entailed the spreading of epizootics or other serious consequences, - 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 months up to one year, or by correctional labour for a period up to two years, or by restriction of freedom for a period up to three years, or by imprisonment for a period up to three years.

 

2. Violation of the rules established for combating plants' diseases and agricultural pests which entailed serious consequences, - 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 correctional labour for a period up to one year, or by restriction of freedom for a period up to two years, or by imprisonment for a period up to two years.

 

Article 281. Contamination, Littering, and Depletion of Water

 

1. Contamination, littering, or depletion of surface or underground water, glaciers, sources of drinking water supplies, or other changing of their natural properties, if those acts entailed the causation of considerable damage to fauna or flora, fish stock, forestry, or agriculture, - 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 from one to two 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 correctional labour for a period up to one year, or by detention under arrest for a period up to three months.

 

2. The same acts which entailed the causation of damage to human health or mass perishing of fauna or flora, as well as the same acts committed on specially protected territories or on the territories with an endangered ecological situation, - shall be punished by imprisonment for a period up to five years.

 

3. Acts stipulated in the first or second part of this Article, which entailed by negligence a man's death, -

shall be punished by imprisonment for a period from two to five years.

 

Article 282. Pollution of the Atmosphere

 

1. Violation of the rules for emission into the atmosphere of pollutants, or the rules for operation of installations, structures, or other facilities, if this act entailed pollution or other changing of the natural properties of air, - 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 from one to two 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 correctional labour for a period up to one year, or by detention under arrest for a period up to three months.

 

2. The same act which entailed the causation of damage to human health, - 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 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 three years.

 

3. Acts stipulated by the first or second part of this Article, which entailed by negligence human death, -

shall be punished by imprisonment for a period from two to five years.

 

Article 283. Pollution of the Sea Environment

 

1. Pollution of the sea environment from sources located on the land, or as a result of violation of the rules for burial or ejection, from transport vehicles or artificial structures erected in the sea, of substances or materials harmful for the health of a man or living resources of the sea, or of those which set back the lawful use of the sea environment, - 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 five years, or by correctional labor for a period up to two years, or by detention under arrest for a period up to four months.