Article 156. Planning, Preparation, Starting, or Waging an Aggressive War 8 страница
Note. In articles of this chapter great damage shall be understood to mean damage inflicted upon a citizen in an amount which exceeds by one hundred times a monthly calculation base, or damage inflicted upon a given organisation or the state in an amount which exceeds by five hundred times a monthly calculation base as established by legislation of the Republic of Kazakhstan as of the moment of the commission of a given crime.
Article 300. Violation of the Rules Providing for Safe Work of Transport
1. Violation by a passenger, passer-by, or other participant of traffic (except for persons indicated in Articles 295 and 296 of the present Code) of the traffic safety rules or rules for operating transport vehicles, if this act entailed by negligence the causation of severe damage to a person's health, -
shall be punished by a fine in an amount up to seven hundred monthly assessment indices, or in an amount of wages or other income of a given convict for a period up to seven months, or by restriction of freedom for a period up to three years, or by detention under arrest for a period from two to four months, or by imprisonment for a period up to two years.
2. The same act which entailed by negligence a person's death, -
shall be punished by restriction of freedom for a period up to four years, or by imprisonment for the same period.
3. An act stipulated by the first part of this Article which entailed by negligence the death of two or more persons, -
shall be punished by imprisonment for a period from three to eight years.
Article 301. Unwarranted Halting of a Train Without Need
Unwarranted halting of a train without need by turning a stopcock, by disconnecting an air brake line, or by any other method, if this entailed a person's death or other grave consequences, -
shall be punished by imprisonment for a period from two to eight years.
Article 302. Violation of Rules Existing on Transport
1. Violation of rules for providing order and traffic safety, which are in effect on transport, by persons who perform managerial functions at road, construction, or other organisations and who are responsible for the use of roads and road constructions, their equipment, as well as for the organisation of road traffic, if this entailed:
a) the causation of great damage;
b) the causation of a bodily injury of medium gravity, -
shall be punished by a fine in an amount from one hundred up to five hundred monthly assessment indices, or by detention under arrest for a period up to six months.
2. The same violation if it entailed grave consequences, -
shall be punished by restriction of freedom for a period up to five years, or by imprisonment for the same period.
Article 303. Violation of Safety Rules in the Construction, Operation, or Repair of Main Pipelines
1. Violation of safety rules in constructing, operating, or repairing main pipelines, if this act entailed by negligence the causation of severe or medium gravity damage to a person's health or the causation of great damage,
shall be punished by restriction of freedom for a period up to four years, or by detention under arrest for a period from three 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, or without it.
2. The same act which entailed by negligence human death, -
shall be punished by imprisonment for a period up to five years.
3. An act stipulated by the first 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 ten years.
Article 304. Damaging or Destruction of Pipelines
1. Damaging or destruction of pipelines which created a real threat of the causation of damage to people's health or to the environment, -
shall be punished by a fine in an amount from one hundred up to one thousand monthly assessment indices, or by detention under arrest for a period up to six months.
2. The same acts which entailed by negligence the causation of severe or medium gravity damage to people's health or the causation of great damage, -
shall be punished by restriction of freedom for a period up to five years, or by imprisonment for the same period.
3. Acts stipulated by the first part of this Article which entailed by negligence the death of one or several people, -
shall be punished by imprisonment for a period from four to ten years.
Article 305. Failure of the Captain of a Vessel to Render Help to People Undergoing a Shipwreck or Disaster
1. A failure by the captain of a given vessel to render help to people who are being wrecked at sea or other water way, if this help might have been rendered without serious danger to his own vessel, its crew and passengers, -
shall be punished by a fine in an amount from two 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 two 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 activity for a period up to three years, or without it.
2. A failure to undertake proper measures by the captain of one of the vessels, which suffered a collision at sea or their water ways, for rescue of the other vessel, which entailed by negligence the destruction of a given vessel or other grave consequences, if those measures might have been taken without serious danger to for his own vessel, its crew and passengers, -
shall be punished 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 correctional labour for a period up to two years.
Article 306. Violation of International Rules of Flights
1. Non-compliance with routes indicated in a given permit, places of landing, air travel corridors, flight altitude, or other violation of rules for international flights, -
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 two years, or by detention under arrest for a period from three 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, or without it.
2. The same acts which entailed a person's death or other grave consequences, -
shall be punished by imprisonment for a period from three to ten years.
Chapter 13. Corruption Crimes and Other Crimes Against the Interests of the State Service and State Administration
Article 307. Abuse of Official Powers
1. Use by a person authorised to exercise state functions, or by a person equated to such person, of their official powers against the interests of the office for the purposes of extracting benefits and advantages for themselves or other persons and organisations, or for causing harm to other persons or organisations, where this caused significant violation of the rights and legitimate interests of citizens or organisations, or the interests of the society or of the state,
shall be punished by a fine in an amount from one hundred to two hundred monthly assessment indices or in an amount of wages or other income of a convict for a period from one to two months or by deprivation of the right to hold certain positions or 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, or deprivation of freedom for a period up to two years.
2. The same act committed by an official person,
shall be punished by a fine in an amount from three hundred to five hundred monthly assessment indices or in an amount of wages or other income of a convict sentenced for a period from three to five months or deprivation of the right to hold certain positions or engage in certain types of activities for a period up to five years, or by deprivation of freedom for a period up to four years.
3. The same act, committed by a person holding a senior state position,
shall be punished by a fine in an amount from five hundred to eight hundred monthly assessment indices or in an amount of wages or other income of a convict for a period from five to eight months or by deprivation of freedom for a period up to six years with deprivation of the right to hold certain positions or engage in certain types of activities for a period up to five year or without such.
4. Acts specified in the first, second or third parts of this Article, where they entail grave consequences,
shall be punished by deprivation of freedom for a period up to eight years with deprivation of the right to hold certain positions or engage in certain types of activities for a period up to seven years.
Notes.
1. Officials, deputies of the Parliament and of Maslikhats, judges and all civil servants in accordance with the Republic of Kazakhstan legislation concerning state service shall be recognised as persons authorised to exercise state functions.
2. The following shall be equated to persons authorised to exercise state functions:
1) persons elected to local self-government bodies;
2) citizens who have been registered as candidate Presidents of the Republic of Kazakhstan, deputies of the Republic of Kazakhstan Parliament and deputies of maslikhats as well as members of the elected bodies of local self-government in accordance with the procedure established by the law;
3) employees who permanently or temporarily work at the bodies of local self-government whose work remuneration is carried out from the state budget funds of the Republic of Kazakhstan;
4) persons who perform managerial functions at state-owned organisations and organisations at organisations in which the share of the state is not less than thirty-five percent.
3. Persons who permanently, temporarily or in accordance with a special authorisation perform functions of a representative of the state authorities or those that perform organisational or administrative and economic functions at the state bodies, bodies of local self-government, as well as at the Armed Forces of the Republic of Kazakhstan, other troops and military formations of the Republic of Kazakhstan, shall be recognised as official persons.
4. Persons who hold positions established by the Constitution of the Republic of Kazakhstan, constitutional laws and other laws of the Republic of Kazakhstan for direct performance of functions of the state and authorities of state bodies and equally persons who hold political offices of civil servants in accordance with the Republic of Kazakhstan legislation concerning civil service, shall be understood as persons holding senior state positions.
Article 308. Exceeding Power or Official Authority
1. Exceeding power or official authority, that is commission by a person authorised to perform state functions, of by those equated to such person, of acts which obviously go beyond the bounds of his rights and authority, and which entailed substantial violation of rights and legitimate interests of citizens or organisations, or the interests of the society or the state which are protected by law,
shall be punished by a fine 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, or by deprivation of freedom for a period up to three years.
2. Same acts committed by an official person,
shall be punished by a fine in an amount from three hundred up to seven monthly assessment indices, or in an amount of wages or other income of a given convict for a period from three to seven 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 deprivation of freedom for a period up to five years.
3. Same acts committed by a person holding a senior state position,
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 convict for a period from five to ten months or by deprivation of freedom for a period up to eight years with deprivation of the right to hold certain positions or engage in certain activities for a period up to five years or without such deprivation.
4. Acts specified in the first, second or third parts of this Article that entailed grave consequences or committed as follows:
a) with the use of violence or threat of its use;
b) with the use of arms or special means;
c) for the purposes of extracting benefits or advantages for themselves or other persons or organisations, or for the purpose of causing harm to other persons or organisations,
shall be punished by deprivation of freedom for a period up to ten years with deprivation of the right to hold certain positions or engage in certain types of activities for a period up to seven years.
Article 309. Illegal Appropriation of the Authority of an Official
Illegal appropriation by a civil servant, who is not an official, of the authority of a given official, and the commission in relation to that of acts which entailed significant violation of the rights and legitimate interests of citizens or organisations, -
shall be punished by a fine in an amount from fifty up to one hundred monthly assessment indices, or in amount of wages or other income of a given convict for a period up to one 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 up to two years, or by detention under arrest for a period up to three months.
Article 310. Illegal Participation in Entrepreneurial Activity
1. Establishment by a person authorised to perform state functions, or by a person equated to such person, of an organisation that carries out entrepreneurial activity, or participation in the management of such an organisation personally or through a proxy, despite the prohibition established by law, where these acts are associated with granting to such an organisation privileges and advantages, or with patronage in any other form,
shall be punished by deprivation of the right to hold certain positions or to engage in certain types of activity for a period up to five years 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 by engagement in public works for a period from one hundred and eighty up to two hundred and forty hours, or by detention under arrest for a period from three to six months, or by deprivation of freedom for a period up to one year.
2. Same acts committed by an official person,
shall be punished by deprivation of the right to hold certain positions or engage in certain activities for a period up to ten years with 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 convict for a period from three to five months, or deprivation of freedom for a period up to two years.
3. Commission by officials of acts which entailed a transfer the licensing authority to non-governmental organisations, including public associations,
shall be punished by a fine in an amount from one hundred up to two hundred monthly assessment indices or deprivation of the right to hold certain positions or engage in certain activities for a period up to three years.
Article 311. Receipt of a Bribe
1. Receipt by person authorised to perform state functions, or by a person equated to such person, personally or through an intermediary of a bribe in the form of money, securities, other property, the right to property, or benefits of a material nature for the commission (omission) of actions in favour of the briber or persons represented by him, if such actions (omission of actions) are within the authority of a given person authorised to perform state functions, or a person equated to such person, or if he, by virtue of his official position, may contribute to such actions (omission of actions), as well as for general protectorate or connivance in service,
shall be punished by a fine in an amount from seven hundred up to two 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 five 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 five years with confiscation of property or without such confiscation.
2. Same acts committed by an official and equally the receipt of a bribe for illegal actions (omission of acts), -
shall be punished by imprisonment for a period from three to seven years with deprivation of the right to hold certain positions or to engage in certain types of activity for a period up to seven years with confiscation of property or without such confiscation.
3. Acts stipulated by the first or second part of this Article, which are committed by a person holding a responsible civil position, -
shall be punished by imprisonment for a period from five to ten years with deprivation of the right to hold certain positions or to engage in certain types of activity for a period up to seven years with confiscation of property or without such confiscation.
4. Acts stipulated in the first, second, or third part of this Article, if they are committed as follows:
a) by way of extortion;
b) by a group of persons upon a preliminary collusion or by an organised group;
c) in a large amount,
d) several times, -
shall be punished by imprisonment for a period from seven to twelve years with forfeiture of property.
Notes.
1. A large amount of a bribe shall be understood to mean an amount of money, or value of securities, other property or benefits of material nature, which exceeds five hundred monthly assessment indices.
2. The receipt for the first time by person authorised to perform state functions or by a person equated to such person of property, the rights to property, or other material benefit, as a gift, in the absence of preliminary agreement, for earlier committed lawful actions (omission of actions), if the value of such a gift did not exceed two monthly assessment indices, shall not be recognised as a crime due to its small significance, and it shall be prosecuted through a disciplinary procedure.
Article 312. Giving a Bribe
1. Giving a bribe to person authorised to perform state functions, or to a person equated to such person, personally or through an intermediary, -
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 restriction of freedom for a period up to three years, or by detention under arrest for a period from three to six months, or by imprisonment for a period up to three years.
2. Giving a bribe to an official, and equally giving a bribe for the commissionof deliberately illegal actions (omission of actions), or such actions committed repeatedly, or by an organised group, -
shall be punished by a fine in an amount from seven hundred up to two 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 five years, or by imprisonment for the same period.
3. Officials, in application to this Article, shall comprise the officials indicated in the note to Article 307 of this Code, as well as officials of foreign states.
Notes.
1. The transfer for the first time to a person authorised to perform state functions, or to a person equated to such personfor legal actions (omission of actions) committed by him earlier, of a gift in an amount or in value which does not exceed two monthly assessment indices, shall not entail criminal liability, if actions (their omission) committed by a person authorised to perform state functions, or by a person equated to such personwere not stipulated by a preliminary agreement.
2. A person having given a bribe shall be exempt from criminal liability, if with regard to him there was extortion of a bribe on behalf of a person authorised to perform state functions, or a person equated to such person,or if that person voluntarily communicated the fact of having given a bribe to the body which has the right to institute a criminal case concerning giving a bribe.
Article 313. Mediation in Bribery
1. Mediation in bribery, that is assisting a briber and a bribe-taker in the achievement or implementation of an agreement between them on the receipt and giving a bribe, -
shall be punished by a fine in an amount from one hundred up to three hundred monthly assessment indices, or in an amount of wages or other income of a given convict for a period from one to three 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 two years.
2. The same act committed repeatedly or by an organised group, or by a person with the use of his official position, -
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 restriction of freedom for a period up to four years, or by imprisonment for the same period.
Article 314. Official Forgery
Official forgery, that is the introduction by a person authorised to perform state functions or by a person equated to such person, of deliberately false information into official documents, as well as the introduction into said documents of corrections which distort their actual content, or issuing deliberately false or forged documents, where these acts are committed for extraction of benefits and advantages for himself or other persons or organisations, or for causing harm to other persons or organisations,
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 engagement in public works for a period from one hundred eighty up to two hundred forty hours, 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 two years.
2. Same acts committed by an official person,
shall be punished by a fine in an amount from three hundred to five hundred monthly assessment indices or in an amount of wages or other income of a convict for a period from three to five months or by deprivation of freedom up to three years with deprivation of the right to hold certain positions or engage in certain types of activity for a period up to five years.
3. Acts specified in the first part of this Article, where they are committed by a person holding a senior state position,
shall be punished by a fine in an amount from five hundred to thousand monthly assessment indices or in an amount of wages or other income of a convict for a period from three to seven months or deprivation of freedom up to five years with deprivation of the right to hold certain positions or engage in certain types of activity for a period up to seven years.
Article 315. Inaction in the Service
1. Inaction in the service, that is non-execution by a person authorised to perform state functions, or by a person equated to such person, of his service duties for the purposes of extracting benefits and advantages for himself or other persons or organisations or causing harm to other persons or organisations, where this entailed significant violation of the rights and legitimate interests of citizens or organisations, or the interests of the society or the state protected by law,
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 three years, or by detention under arrest for a period up to four months, or by deprivation of freedom for a period up to two years.
2. Same act committed by an official 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 deprivation of freedom 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 five years.
3. Same acts committed by a person holding a senior state position,
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 types of income of a convict for a period from five to eight hundred months or by deprivation of freedom for a period up to five years with deprivation of the right to hold certain positions or engage in certain types of activity for a period up to five years or without such.
4. Acts specified by the first, second, or third part of this Article, which entailed grave consequences,
shall be punished by deprivation of freedom for a period up to eight years with deprivation of the right to hold certain positions or to engage in certain types of activity for a period up to seven years.
Article 316. Negligence
1. Negligence, that is a failure to execute or improper execution by an official of his duties as a result of his unscrupulous or neglectful attitude towards service, if this entailed significant violation of the rights and legitimate interests of citizens or organisations, or interests of the society or the state which are protected by law,
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