Article 156. Planning, Preparation, Starting, or Waging an Aggressive War 9 страница

 

shall be punished by a fine in an amount 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 three 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 one year, or by detention under arrest for a period up to three months.

 

2. The same act which entailed by negligence human death or other grave 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.

 

Chapter 14. Crimes Against the Governmental Order

 

Article 317. Outrage upon the State Flag, the State Coat of Arms, or the State Hymn of the Republic of Kazakhstan

 

Outrage upon the State Flag, the State Coat of Arms, or the State Hymn of the Republic of Kazakhstan, -

 

shall be punished by a fine in an amount from two 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 two to ten months, 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 one year.

 

Article 318. Infringement upon Honour and Dignity of the President of the Republic of Kazakhstan and Impeding His Activity

 

1. A public insult or other infringement upon the honour and dignity of the President of the Republic of Kazakhstan, -

 

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 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 one year, or by detention under arrest for a period up to five months, or by imprisonment for a period up to one year.

 

2. The same act committed with the use of the mass information media, -

 

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 year 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. Exerting influence in any form upon the President of the Republic of Kazakhstan or his close relatives for the purposes to preclude him from the execution of his obligations,

 

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

 

Note. Public speeches containing critical remarks concerning the policy conducted by the President of the Republic of Kazakhstan shall not entail criminal liability under this Article.

 

Article 319. Infringement upon the Honour and Dignity of a Deputy and Impeding His Activity

 

1. A public insult to a deputy of the Parliament of the Republic of Kazakhstan when he is executing his deputy obligations or in relation to the execution of them,, -

 

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 up to one hundred eighty hours, or by correctional labour for a period up to one year, or by restriction of freedom for the same period, or by detention under arrest for a period up to four months.

 

2. The same act committed with the use of the mass information media, -

 

shall be punished by a fine in an amount from three 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 three to eight months, 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 up to six months, or imprisonment for a period up to two years.

 

3. Exerting influence in any form upon a deputy of the Parliament of the Republic of Kazakhstan or his close relatives for the purpose of precluding him from the execution of his obligations, -

 

shall be punished 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 the same period.

 

Note. Public speeches containing critical comments concerning deputy activity of a deputy of the Parliament of the Republic of Kazakhstan shall not entail criminal liability under this Article.

 

Article 320. Insulting a Representative of the State Authorities

 

1. A public insult of a representative of the state authorities when he is executing his service duties or in relation to their execution, -

 

shall be punished by a fine in an amount from one hundred up to four hundred monthly assessment indices, or in an amount of wages or other income of a given convict for a period from one to four months, or by engagement in public works for a period up to one hundred eighty hours, or by correctional labour for a period up to one year, or by restriction of freedom for the same period, or by detention under arrest for a period up to three months.

 

2. The same act committed with the use of mass information media, -

 

shall be punished by a fine in an amount from three 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 three to seven months, 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 up to six months, or by imprisonment for a period up to one year.

 

Notes.

 

1. In this Article and other articles of the present Code, a representative of the state authorities shall be understood to mean an official of a state body who is invested, in accordance with the established procedure, with commanding powers with regard to persons who are not in service dependence upon him.

 

2. Public speeches which contain critical statements concerning the service activity of a representative of the state authorities shall not entail criminal liability under the present Article.

 

Article 321. Violence with Regard to a Representative of the State Authorities

 

1. Violence which is not dangerous for health or life, or a threat to use such violence, with regard to a representative of the state authorities or his relatives in relation to the execution by him of his service duties, -

 

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

 

2. The use of violence, which is dangerous for life or health, with regard to persons indicated in the first part of this Article, -

 

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

 

Article 321-1. Obstruction of the Activities of a Procurator and Failure to Observe His Legitimate Requirements

 

Failure to observe the acts of the procurator supervision, and equally obstruction of his activities, where it entails causation of substantial harm to rights and legitimate interests of citizens or organisations, or the interests of the society or the state which are protected by the law, -

 

shall be punished with a fine in amount up to five hundred monthly assessment indices or in amount of wages or other income of the convict for a period from two to six months, or engagement in public works for a period from one hundred and eighty to two hundred and forty hours, or arrest for a period up to six months, or deprivation of freedom for a period up to one year.

 

Article 322. Divulging of Information Concerning the Safety Measures Applied with Regard to an Official Holding a Responsible State Position

 

1. Divulging of information concerning the safety measures applied with regard to an official who holds a responsible state position, as well as his relatives, by a person to whom that information was entrusted or became known to him in relation to his service activity, -

 

shall be punished by a fine in an amount from two hundred up to four hundred monthly assessment indices, or in an amount of wages or other income of a given convict for a period from two to four months, or by detention under arrest for a period up to four months.

 

2. The same act which entailed grave consequences, -

 

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

 

Article 323. Acquisition or Sale of Official Documents and State Awards

 

Illegal acquisition or sale of official documents which grant the rights or exempt from obligations, as well as of state awards of the Republic of Kazakhstan or the USSR, -

 

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 correctional labour for a period up to one year, or by detention under arrest for a period up to three months.

 

Article 324. The Stealing or Damaging of Documents, Stamps, or Seals

 

1. Stealing from a citizen of his passport, identification papers, or other important personal document, -

 

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 correctional labour for a period up to one year, or by detention under arrest for a period up to three months.

 

2. Stealing, destruction, damaging, or concealment of official documents, seals, or stamps, which is committed for venal purposes or other personal interests, -

 

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 four months, or by imprisonment for a period up to one year.

 

Article 325. Forgery, Manufacture, or Sale of Forged Documents, Seals, Stamps, Blank Forms, or State Awards

 

1. Forgery of a certificate or other official document which grants a right or exempts from obligations, or sale of such a document, as well as manufacture or sale of forged stamps, seals, blank forms, state awards of the Republic of Kazakhstan or of the USSR, -

 

shall be punished 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 two years.

 

2. The same acts committed repeatedly or by a group of persons upon a preliminary collusion, -

 

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

 

3. The use of a forged document by a person being aware of that fact, -

 

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 eighty up to two hundred forty hours, or by correctional labour for a period up to one year, or by detention under arrest for a period up to six months.

 

Article 326. Evasion of Military Service

 

1. Evasion of a draft for military service in the absence of lawful reasons for exemptions from that service, -

 

shall be punished by a fine in an amount from two 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 two to ten months, or by detention under arrest for a period from three to six months, or by imprisonment for a period up to two years.

 

2. The same act committed as follows:

 

a) by way of the causation of damage to one's own health;

 

b) by way of simulating a disease;

 

c) by way of forgery of documents or other deception, -

 

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

 

Note. A draftee shall be exempt from criminal liability, if, prior to the transfer by the investigation body of a given case to a court, he voluntarily appeared at the draft board.

 

Article 327. Arbitrariness

 

1. Arbitrariness, that is unwarranted, against the order established by legislation, the exercise of one's actual or presumptive right that is disputed by another person or organisation, which inflicted considerable damage upon the rights or legitimate interests of citizens or organisations, or interests of the society or the state which are protected by law, -

 

shall be punished by a fine in an amount from two 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 two to ten 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 from one year up to two years, or by detention under arrest for a period from three to six months.

 

2. The same act committed with violence or a threat to use it, -

 

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

 

3. Acts stipulated by the first or second part of this Article, which are committed by a group of persons upon a preliminary collusion or which entailed grave consequences, -

 

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

 

Article 328. Unwarranted Appropriation of a Title of a Representative of the State Authorities or an Official Holding a Responsible State Position

 

Unwarranted appropriation of a title of a representative of the state authorities or an official holding a responsible state position, which is associated with the commission on that basis of a crime, -

 

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

 

Article 329. Illegal Raising of the State Flag

 

Illegal raising of the State Flag of the Republic of Kazakhstan on a trade vessel, -

 

shall be punished by a fine in an amount from one 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 one to ten months.

 

Article 330. Deliberate Illegal Crossing of the State Border of the Republic of Kazakhstan

 

1. Deliberate illegal crossing of the State Border of the Republic of Kazakhstan without proper documents and a proper permit, -

 

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 two years.

 

2. The same act committed by a group of persons upon a preliminary collusion, or by an organised group, or with violence or a threat to apply it, -

 

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

 

Article 330-1. Failure to Implement a Decision on Expulsion

 

Failure of foreign citizens and stateless persons to comply with the decisions adopted for their expulsion beyond the boundaries of the Republic of Kazakhstan -

 

shall be punished with a fine in an amount from one hundred up to five hundred monthly assessment indices or in amount of the wages or other income of the convict for the period from one to five months, or with arrest for a period up to six months, or deprivation of freedom for a period up to one year.

 

Article 330-2. Organisation of Illegal Migration

 

1. Organisation of illegal migration by way of providing transport vehicles or counterfeit documents, housing, or other premises, as well as rendering of other services to citizens, foreigners and stateless persons for illegal entry into, exit from, movement within the territory of the Republic of Kazakhstan -

 

shall be punished by fine in amount from two to five hundred monthly assessment indices or in amount of wages or other income of a convict for the period from two to ten months or by deprivation of freedom for a period up to two years.

 

2. The same acts committed by an organised group or with the use of service authority, -

 

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

 

Article 330-3. Multiple Violation of the Rules for Invitation and Use in the Republic of Kazakhstan of Foreign Man Power

 

1. Multiple acceptance for work by an employer of foreigners or stateless persons who are present in the territory of the Republic of Kazakhstan without appropriate permit from the authorised body, -

 

shall be punished with a fine in amount from five hundred to seven hundred of monthly assessment indices or in amount of wages or other income of the convict for the period from five to seven months or with engagement in public work for a period from one hundred to two hundred and forty hours.

 

2. Multiple violation by an employer of the rules of using foreign manpower in the Republic of Kazakhstan,

 

shall be punished by a fine in amount from seven hundred to nine hundred of monthly assessment indices or in amount of wages or other income of the convict for the period from seven months to one year, or by engagement in public work for a period from one hundred and forty to two hundred and forty hours.

 

Article 331. Illegal Changing of the State Border of the Republic of Kazakhstan

 

1. Withdrawal, transfer, or destruction of frontier signs, for the purpose of illegal changing of the State Border of the Republic of Kazakhstan, -

 

shall be punished 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 two years.

 

2. The same acts which are committed repeatedly, or which entailed grave consequences, -

 

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

 

Article 332. Illegal Use of Emblems and Symbols of the Red Crescent and the Red Cross

 

Illegal use of emblems and distinguishing symbols of the Red Crescent and the Red Cross, as well as of the name of the Red Crescent and the Red Cross, -

 

shall be punished by a fine in an amount from one 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 one to ten months, or by engagement to in public works for a period from one hundred eighty up to two hundred forty hours, or by detention under arrest for a period from three to six months.

 

Article 333. Violation of Rules for the Protection of Communication Lines

 

Violation of rules for the protection of communication lines which entailed the damaging of a cable line of inter-city communication, if it caused an interruption in communication, -

 

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 detention under arrest for a period up to three months.

 

Article 334. Violation of the Procedure for the Organisation and Conducting of Rallies, Meetings, Picketing, Street Marches, or Demonstrations

 

1. Violation of the procedure for the organisation or conducting of rallies, meetings, picketing, street marches, or demonstrations, which is committed by an organiser of a rally, meeting, picketing, street march, or demonstration, if this act entailed disruption of transport, or caused considerable damage to the rights and legitimate interests of citizens and organisations, -

 

shall be punished by a fine in an amount from one 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 one to eight 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 four months.

 

2. The organisation or conducting of illegal rallies, meetings, picketing, street marches, or demonstrations, which is committed by an organiser of a given rally, meeting, picketing, street march, or demonstration, as well as active participation in illegal rallies, meetings, picketing, street marches, or demonstrations, if these acts entailed consequences stipulated by the first part of this Article, -

 

shall be punished by a fine in an amount from two 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 two to ten 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 imprisonment for a period up to one year.

 

Article 335. Directing of a Prohibited Strike, and Impeding the Work of an Enterprise or an Organisation under the Conditions of an Emergency Situation

 

Directing of a prohibited strike under the conditions of an emergency situation, as well as impeding, under such conditions, the work of an organisation, -

 

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 up to six months, or by imprisonment for a period up to one year.

 

Article 336. Illegal Interference of Members of Public Associations in the Activity of State Bodies

 

1. Impeding legal activity of state bodies, or appropriation of functions of state bodies or their officials by members of public associations, as well as the creation in the state bodies of organisations of political parties, if these acts entailed considerable violation of the rights and legitimate interests of citizens or interests of the society or the state protected by law, -

 

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 detention under arrest for a period up to four months.

 

2. The same acts which are committed by the head of a public association 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 two 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 of a period up to three years.

 

Article 337. Creation or Participation in the Activity of Illegal Public Associations

 

1. Creation or guidance of a religious or public association the activity of which is associated with violence against citizens or other causation of damage to their health, or with inducing citizens to refuse to perform their civil obligations or to commit other illegal actions, as well as the creation or guidance of a party on a religious basis or a political party or a trade union which are financed by foreign states, or foreign citizens or by foreign or international organisations, -

 

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 correctional labour 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 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.

 

2. Creation of a public association which proclaims or carries out in practice racial, national, tribal, social, class, or religious intolerance or exclusiveness, or which calls for the subversion of the constitutional order, disruption of safety of the state, or infringements upon the territorial integrity of the Republic of Kazakhstan, as well as the guidance of such an association, -

 

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

 

3. Active participation in the activity of public associations indicated in the first or second part of this Article, -

 

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 two months, or by correctional labour for a period up to one year, or by detention under arrest for a period up to four months or imprisonment for a period up to one year.

 

Article 338. Rendering Assistance to Political Parties and Trade Unions of Foreign States

 

Financing, granting premises or property, as well as rendering other assistance to political parties or trade unions of other states, if this acts entailed considerable violation of the rights and legitimate interests of citizens or organisations, or interests of the society or the state protected by law, -

 

shall be punished by a fine in an amount from three hundred up to one thousand monthly assessment indices, 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.

 

Chapter 15. Crimes Against Justice and the Order for Carrying Out Punishment

 

Article 339. Obstructing the Administration of Justice and Performance of a Preliminary Investigation

 

1. Interference in any form with the activity of a court for the purposes of obstructing the administration of justice, -

 

shall be punished by a fine in an amount from two hundred up to three hundred minimum 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 two years.