Definition of the concept of "major damage" and "large size" in criminal law

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23 February 2025

Definition of the concept of "major damage" and "large size" in criminal law

In the criminal law of the Republic of Kazakhstan, the concepts of "major damage" and "large size" play a key role in determining the severity of the crime and the consequences of illegal actions. These terms are used in the qualification of a number of crimes, mainly related to property offenses, economic crimes, crimes in the field of ecology, tax and entrepreneurial activities.

Definition of concepts:

· Major damage is damage caused to a citizen, organization, or State that exceeds a threshold set by law, expressed as a multiple of the monthly calculation index (MCI). The damage is estimated in monetary terms and can be caused to both tangible goods (property) and intangible assets (copyrights, intellectual property, etc.).

· A large amount is the value of property or the amount of illegally obtained funds that exceeds the established threshold, also calculated in multiples of the MCI. This term is used to describe crimes related to embezzlement, embezzlement of property, fraud and other property crimes.

Paragraph 38 of Article 3 of the Criminal Code of the Republic of Kazakhstan (hereinafter referred to as the Criminal Code of the Republic of Kazakhstan) introduces the concepts of "major damage" and "large size", which are used to determine the severity of the crime and its consequences in various articles of the Criminal Code of the Republic of Kazakhstan. These terms serve as criteria for the qualification of crimes related to damage or property offenses. Specific amounts of damage are expressed in terms of a monthly calculation index (MCI), which is established annually by law.

The use of these concepts in various articles of the Criminal Code of the Republic of Kazakhstan varies depending on the specific composition of the crime. Below are brief comments on the main articles mentioned in paragraph 38 of Article 3 of the Criminal Code of the Republic of Kazakhstan, with references to other laws and regulatory rulings of the Supreme Court of the Republic of Kazakhstan.

1. Articles of the Criminal Code of the Republic of Kazakhstan concerning damage:

- Article 185 (Illegal collection, dissemination, disclosure of State secrets) - illegal collection of information constituting state secrets, as well as the dissemination of unlawfully obtained information constituting state secrets, in the absence of signs of high treason or espionage.

- Article 186 (Loss of information carriers containing state secrets) - Loss due to negligence of information carriers containing state secrets by a person to whom they were entrusted in service, work or on other grounds provided for by the law of the Republic of Kazakhstan, if the loss was the result of a violation of the established rules for handling information carriers constituting state secrets:

A threshold of 500 MCI is used to qualify damage on a "large scale". Similar provisions may also be regulated by the Civil Code of the Republic of Kazakhstan (CC RK), which describes the obligations of the parties in business activities.

- Article 188 (Theft) Theft, that is, the secret theft of other people's property.

- Article 188-1 (Cattle rustling) - Cattle rustling, that is, the secret theft of other people's cattle:

crimes are considered to have been committed on a large scale if the value of the stolen property exceeds 500 MCI. In connection with property crimes, the provisions of the Civil Code of the Republic of Kazakhstan on the protection of property rights may be applied.

- Article 189 (Embezzlement or embezzlement of someone else's property) - Embezzlement or embezzlement, that is, theft of someone else's property entrusted to the perpetrator

- Article 190 (Fraud) Fraud, that is, the theft of someone else's property or the acquisition of the right to someone else's property through deception or abuse of trust.

- Article 194. Extortion is Extortion, that is, demanding the transfer of someone else's property or the right to property or the commission of other property-related actions under threat of violence or destruction or damage to someone else's property, as well as under threat of spreading information that disgraces the victim or his relatives, or other information, the disclosure of which may cause significant harm to the interests of the victim or his loved ones

- Article 195. Causing property damage by deception or abuse of trust - Causing property damage to the owner or other owner of property by deception or abuse of trust in the absence of signs of theft

- Article 196. Acquisition or sale of property knowingly obtained by criminal means - The previously unsolicited acquisition or sale of property knowingly obtained by criminal means

- Article 197. Transportation, purchase, sale, storage of oil and petroleum products, as well as oil refining without documents confirming the legality of their origin - Transportation, purchase, sale, storage of oil and petroleum products, as well as oil refining without documents confirming the legality of their origin.

- Article 200. Unlawful taking of a car or other vehicle without the purpose of theft is unlawful taking of a car or other vehicle without the purpose of theft (theft).

- Article 202. Intentional destruction or damage to someone else's property is intentional destruction or damage to someone else's property that has caused significant damage.

- Article 204. Careless destruction or damage to someone else's property is the destruction or damage to someone else's property committed through negligence, causing major damage.

- Article 269-1. Illegal entry into a protected facility - Illegal entry into an object protected in accordance with the legislation of the Republic of Kazakhstan by law enforcement or special state bodies, bodies and divisions of the Ministry of Defense of the Republic of Kazakhstan, the Armed Forces, other troops and military formations of the Republic of Kazakhstan, as well as into a dangerous production facility protected by a private security organization, causing significant damage or significant harm to rights or legally protected interests citizens or organizations, or legally protected interests of society or the state.

- Article 295-1. Illicit trafficking in precious metals and precious stones, raw materials containing precious metals - Illegal extraction, acquisition, sale, storage, transportation, shipment of precious metals or precious stones, raw materials containing precious metals.

- Article 425. Illegal actions with respect to property subject to inventory or arrest or subject to confiscation - Embezzlement, alienation, concealment or illegal transfer of property subject to inventory, arrest or restricted disposal, committed by the person to whom this property is entrusted, as well as the conduct by an employee of a credit institution of banking operations with funds (deposits), on which have been seized or for which spending operations have been suspended.

According to the above articles, major damage is determined when exceeding 1000 MCI.

2. Crimes in the field of intellectual property:

Article 198. Infringement of copyright and (or) related rights is the illegal use of objects of copyright and (or) related rights, as well as the acquisition, storage, transfer or manufacture of counterfeit copies of objects of copyright and (or) related rights for the purpose of sale or appropriation of authorship or coercion to co-authorship.

Article 199. Infringement of the rights to inventions, utility models, industrial designs, breeding achievements or topologies of integrated circuits - Disclosure without the consent of the author or applicant of the essence of the invention, utility model, industrial design, breeding achievement or topology of an integrated circuit before the official publication of information about them, as well as attribution of authorship or coercion to co-authorship or illegal use of the invention, useful a model, an industrial design, a selection achievement, or the topology of an integrated circuit.

Major damage in these types of crimes is associated with an amount exceeding 1,000 MCI. These articles correlate with the Law of the Republic of Kazakhstan "On Copyright and Related Rights".

- Article 214. Illegal business, illegal banking, microfinance or collection activities (part one) - Carrying out entrepreneurial activities, banking activities (banking operations), microfinance or collection activities without registration, as well as without a license mandatory for such activities, or in violation of the legislation of the Republic of Kazakhstan on permits and notifications, as well as engaging in prohibited types of entrepreneurial activities, if these acts have caused major damage to a citizen, organization or state, or involve the extraction of large-scale income or production, storage, transportation or sale of excisable goods on a significant scale.

- Article 221. Monopolistic activity (part one) - The establishment and (or) maintenance by market entities of monopolistically high (low) or agreed prices, the establishment of restrictions on the resale of goods (works, services) purchased from a market entity occupying a dominant or monopolistic position on a territorial basis, the circle of buyers, the terms of purchase, quantity or price, the division of commodity markets on a territorial basis, assortment goods (works, services), the volume of their sale or purchase, in the circle of sellers or buyers, as well as other acts aimed at restricting competition, if they have caused major damage to a citizen, organization, or state, or are associated with the extraction of large-scale income by a market entity.

- Article 237. Illegal actions during rehabilitation and bankruptcy (part one) - Concealment of property or property obligations, information about property, its size, location or other information about property, transfer of property to other ownership, alienation or destruction of property, as well as concealment, destruction, falsification of accounting and (or) accounting documentation or other documents reflecting economic activity, if these actions are committed by an individual entrepreneur, a founder (participant), a person performing managerial functions in a commercial or other organization, an official, as well as a temporary, bankrupt or rehabilitation managers during rehabilitation and bankruptcy and caused major damage.

- Article 238. Intentional bankruptcy (part one) - Intentional bankruptcy, that is, the actions of the founder (participant), an official, a person performing managerial functions in a commercial or other organization, as well as an individual entrepreneur, committed in the personal interests or interests of other persons in order to evade obligations to creditors by alienation or concealment of property for three years before declaring a legal entity or individual entrepreneur bankrupt, causing major damage.

- Article 239. Bringing to insolvency (parts one and two). Concealment of property or property obligations, information about property, its size, location or other information about property, transfer of property to other ownership, alienation or destruction of property, as well as concealment, destruction, falsification of accounting and (or) accounting documentation or other documents reflecting economic activity, if these actions (omissions) committed by the founder (participant), an official, a person performing managerial functions in a commercial or other organization, bodies of a legal entity, as well as an individual entrepreneur, which led to insolvency, which caused major damage.

- Article 242. The presentation of deliberately false information about banking transactions. (part two) - The submission by employees of a bank or a branch of a non-resident bank of the Republic of Kazakhstan of knowingly false information about transactions on bank accounts of legal entities or individuals, as well as the issuance of sureties, guarantees and other obligations knowingly unsecured by the actual financial condition of this bank, a non-resident bank of the Republic of Kazakhstan, if these actions entailed or could have caused major damage to a citizen, organization, or state.

- Article 243. Illegal use of money from a bank or a branch of a non–resident bank in the Republic of Kazakhstan. (part two) - The use by employees of the bank, a branch of a non–resident bank of the Republic of Kazakhstan of the bank's own funds, a branch of a non–resident bank of the Republic of Kazakhstan and (or) attracted funds of the bank, a branch of a non–resident bank of the Republic of Kazakhstan for issuing knowingly irrevocable loans or making knowingly unprofitable transactions for the bank, a branch of a non–resident bank of the Republic of Kazakhstan, and equally, providing unreasonable guarantees to the bank, a branch of a non–resident bank of the Republic of Kazakhstan, or unreasonable preferential terms to the clients of the bank, a branch of the bank – a non-resident of the Republic of Kazakhstan or other persons, if these acts have caused major damage to a citizen, organization or the state.

- Article 250. Abuse of authority (part two) - The use by a person performing managerial functions in a commercial or other organization of his powers contrary to the legitimate interests of that organization and for the purpose of obtaining benefits and advantages for himself or other persons or organizations, or harming other persons or organizations, if this has caused significant harm to the rights and legitimate interests of citizens or organizations or legally protected interests of society or the state.

– damage caused to a citizen in the amount of 2,000 times the monthly calculation index, or damage caused to an organization or state in the amount of 10,000 times the monthly calculation index.

Article 216. Performing actions to issue an invoice without actually performing work, rendering services, or shipping goods - Performing actions by a private business entity to issue an invoice without actually performing work, rendering services, or shipping goods in order to extract property benefits that have caused major damage to a citizen, organization, or state.

– damage caused to a citizen in the amount of 2,000 times the monthly calculation index, or damage caused to an organization or state in the amount exceeding 20,000 monthly calculation indices.

Article 217. Creation and management of a financial (investment) pyramid is the creation of a financial (investment) pyramid, that is, the organization of activities to extract income (property benefits) from attracting money or other property or the rights to it of individuals and (or) legal entities without using the funds raised for entrepreneurial activities that ensure the obligations assumed, by the redistribution of these assets and the enrichment of some participants at the expense of contributions from others, as well as the management of a financial (investment) pyramid or its structural unit.

– income, the amount of which exceeds 1,000 monthly calculation indices.

Article 218. Legalization (laundering) of criminally obtained money and (or) other property - Involvement in the legal circulation of money and (or) other property obtained by criminal means, through transactions in the form of conversion or transfer of property representing proceeds from criminal offenses, including any income from property obtained by criminal means, or possession and use of such property, concealment or concealment of its true nature, source, location, method of disposal, movement, rights to property or its accessories, if it is known that such property represents proceeds from criminal offenses, as well as mediation in the legalization of money and (or) other property obtained by criminal means

– money and (or) other property obtained by criminal means, in an amount exceeding twenty thousand monthly calculation indices;

Article 218-1. Concealment of illegally acquired assets from circulation to state revenue, as well as their legalization (laundering) - Concealment by an entity and (or) an affiliated person, determined by By the Law of the Republic of Kazakhstan "On the return of illegally Acquired Assets to the State", illegally acquired assets on a large scale from circulation to state revenue by submitting knowingly unreliable, incomplete or distorted information in the asset disclosure declaration submitted in accordance with The Law of the Republic of Kazakhstan "On the return of illegally acquired assets to the State"

– money, rights to property and (or) other property, for an amount exceeding ten thousand monthly calculation indices;

Article 222. Illegal use of a trademark, service mark, trade name, geographical indication and appellation of origin is the illegal use of someone else's trademark, service mark, trade name, geographical indication and appellation of origin or similar designations for similar goods or services, if this act has caused major damage.

Article 223. Illegal receipt, disclosure or use of information constituting a commercial or banking secret, a tax secret obtained during horizontal monitoring, the secret of providing a micro-loan, the secret of collection activities, as well as information related to the legalization of property - Collection of information constituting commercial or banking secrets, tax secrets obtained during horizontal monitoring, the secret of providing micro-loans, the secret of collection activities, as well as information related to the conduct of property legalization procedures, through theft of documents, bribery or threats against persons in possession of commercial or banking secrets, tax secrets obtained during horizontal monitoring, secret provision of micro-loans, secret collection activities, or their relatives, interception of communications, illegal entry into a computer system or network, the use of special technical means, as well as other illegal means for the purpose of disclosure or illegal use of this information

Article 224. Violation by the issuer of the procedure for issuing equity securities is the entry of knowingly false information into the prospectus for the issue of equity securities, as well as the preparation of a knowingly false report on the results of the placement of equity securities, if these acts have caused major damage.

Article 225. Failure to provide information or knowingly provide false information by an official of the issuer of securities - Failure to provide information or knowingly provide false information to government agencies and holders of securities by officials of the issuer of securities in order to extract property benefits, causing major damage to holders of securities or the issuer

Article 226. Entering deliberately false information into the register of securities holders is Entering deliberately false information into the register of securities holders, which resulted in the transfer of rights to these securities to another person.

Article 227. Submission of knowingly false information by professional participants in the securities market is the submission by professional participants in the securities market to government agencies and securities holders of knowingly false information about the number and types of securities held in the personal accounts of securities holders and about transactions with securities in order to extract property benefits, causing major damage.

Article 228. Violation of the rules for conducting operations with securities is a violation of the rules for conducting operations with securities that has caused major damage

– damage caused to a citizen in the amount of two hundred times the monthly calculation index, or damage caused to an organization or state in the amount of two thousand times the monthly calculation index.

Article 220. Misuse of money received from the placement of bonds is the adoption by the issuer's bodies (officials of the issuer), which is not a financial institution, of decisions entailing a violation of the conditions and procedure for the use of money received from the placement of bonds established by the issuer's bond issue prospectus, if this act has caused major damage to the bondholders.

Article 229. Manipulation in the securities market is manipulation in the securities market, that is, actions of securities market entities aimed at establishing and (or) maintaining prices for securities above or below those established as a result of an objective ratio of supply and demand, or at creating the appearance of trading in a security, if these the actions caused major damage to a citizen, organization, or state.

Article 230. Illegal actions in relation to insider information - Intentional use of insider information when making a transaction (transactions) with securities (derivative financial instruments) or intentional illegal transfer of insider information to third parties or intentional illegal provision of access to insider information to third parties, as well as intentional provision of recommendations to third parties on making a transaction (transactions) with securities (derivative financial instruments) based on based on insider information, if these acts have caused major damage to a citizen, organization, or state

– damage in the amount of ten thousand times the monthly estimated value.

Article 221. Monopolistic activity - The establishment and (or) maintenance by market entities of monopolistically high (low) or agreed prices, the establishment of restrictions on the resale of goods (works, services) purchased from a market entity occupying a dominant or monopolistic position on a territorial basis, the circle of buyers, the terms of purchase, quantity or price, the division of commodity markets on a territorial basis, assortment goods (works, services), the volume of their sale or acquisition, in the circle of sellers or buyers, as well as other acts aimed at restricting competition, if they have caused major damage to a citizen, organization, or state, or are associated with the extraction of large-scale income by a market entity.

– income, the amount of which exceeds 20,000 monthly calculation indices;

Article 231. Manufacture, storage, transfer or sale of counterfeit money or securities - Manufacture or storage for the purpose of sale, sale of counterfeit banknotes and coins of the National Bank of the Republic of Kazakhstan, government securities or other securities in the currency of the Republic of Kazakhstan or foreign currency or securities in foreign currency

– the value of banknotes, coins, securities, and foreign currency in respect of which forgery has been committed is five hundred times higher than the monthly calculation index.

Article 234. Economic smuggling - Large-scale movement of goods or other items across the customs border of the Eurasian Economic Union, including goods prohibited or restricted from moving across the customs border, things and valuables for which special rules for movement across the customs border are established, or illegal movement across the State border of the Republic of Kazakhstan of goods or other items for which special rules are established. prohibition or restriction of movement across the State Border of the Republic of Kazakhstan, with the exception of those specified in Article 286 of this Code, committed in addition to or with concealment from customs control or with the deceptive use of documents or means of customs identification, or involving non-declaration or knowingly unreliable declaration, or specifying knowingly unreliable information in an application for the release of goods prior to filing a declaration for goods or in an application for operations in respect of temporarily exported international transportation vehicles that are goods placed under the customs procedure of temporary importation (admission), including the submission of invalid documents, fake and (or) containing deliberately false information

– the value of the displaced goods exceeding twenty thousand monthly calculation indices.

Article 235-1. Illegal export, transfer and transfer of currency valuables from the Republic of Kazakhstan - Export, transfer or transfer of currency valuables from the Republic of Kazakhstan in amounts exceeding the true value (price) of relevant transactions and other counter-obligations, including through the use of forged documents, artificially inflating the cost (price) of works, services, products

– the amount of illegally exported, forwarded or transferred currency valuables exceeding forty-five thousand monthly calculation indices.

Article 236. Evasion from payment of customs duties, customs duties, taxes, special, anti-dumping, countervailing duties - Evasion from payment of customs duties, customs duties, taxes, special, anti-dumping, countervailing duties on a large scale.

– the value of unpaid customs duties, customs duties, taxes, special, anti-dumping, countervailing duties exceeding ten thousand monthly calculation indices.

Article 238. Intentional bankruptcy (Part two) Intentional bankruptcy, that is, the actions of a founder (participant), an official, a person performing managerial functions in a commercial or other organization, as well as an individual entrepreneur, committed in the personal interests or interests of other persons in order to evade obligations to creditors by alienating or concealing property within three years prior to declaring bankruptcy of a legal entity or individual entrepreneur who caused major damage

– damage caused to a medium-sized business entity in the amount of twenty thousand times the monthly calculation index, or to a large business entity in the amount of forty thousand times the monthly calculation index.

Article 244. Evasion of a citizen from paying taxes and (or) other mandatory payments to the budget - Evasion of a citizen from paying taxes and (or) other mandatory payments to the budget, committed by failure to submit an income declaration in cases where filing a declaration is mandatory, or by including deliberately distorted income data in the declaration or other documents related to the calculation or payment of taxes and (or) other mandatory payments to the budget or expenses, or property subject to taxation, using an invoice without actually performing work, rendering services, or shipping goods, if this act entailed the non-payment of taxes and (or) other mandatory payments to the budget on a large scale.

– the amount of unpaid payments to the budget exceeding twenty thousand monthly calculation indices.

Article 245. Tax evasion and (or) other mandatory payments to the budget from organizations - Tax evasion and (or) other mandatory payments to the budget from organizations by not submitting a declaration when filing a declaration is mandatory, or by making deliberately distorted data on income and (or) expenses in the declaration, by concealing other objects taxation and (or) other mandatory payments, if this act entailed the non-payment of taxes and (or) other mandatory payments on a large scale

– the amount of unpaid payments to the budget exceeding fifty thousand monthly calculation indices for the audited period, provided that the amount of taxes and other mandatory payments to the budget accrued based on the results of the tax audit for one calendar year from the period under review exceeds ten percent of the amount of all taxes and other mandatory payments to the budget calculated by the taxpayer for this calendar year.

Article 247. Receiving illegal remuneration is the illegal receipt by an employee of a state body or a state organization who is not a person authorized to perform state functions, or a person equivalent to him, as well as an employee of a non-governmental organization who does not perform managerial functions, of material remuneration, benefits or property-related services for performing work or rendering services that fall within the scope of his duties.

– the amount received by a person or the cost of services rendered to him, exceeding three hundred monthly calculation indices.

Article 253. Commercial bribery is the illegal transfer of money, securities or other property to a person performing managerial functions in a commercial or other organization, as well as the illegal provision of property services to him for using his official position, as well as for general patronage or connivance in the service in the interests of the person engaged in bribery.

– the amount of money, the value of securities, other property, or property benefits exceeding five hundred monthly calculation indices.

Article 258. Financing of terrorist or extremist activities and other aiding and abetting terrorism or extremism - Provision or collection of money and (or) other property, rights to property or benefits of a property nature, as well as donation, exchange, donation, charitable assistance, provision of information and other services, or provision of financial services to an individual or group of persons, or a legal entity, committed by a person who was aware of the terrorist or extremist nature of their activities or the fact that the property provided, the information provided, Financial and other services will be used to carry out terrorist or extremist activities or to provide support to a terrorist or extremist group, terrorist or extremist organization, or illegal paramilitary formation.

– the amount of money, the value of property, benefits of a property nature, services rendered, exceeding one thousand monthly calculation indices.

Article 274. Dissemination of knowingly false information is the dissemination of knowingly false information that creates a risk of violating public order or causing significant harm to the rights and legitimate interests of citizens or organizations, or to the legally protected interests of society or the state.

– damage caused to a citizen in the amount of two thousand times the monthly calculation index, or damage caused to an organization or state in the amount of ten thousand times the monthly calculation index;

Article 292. Violation of fire safety requirements is a violation of fire safety requirements by a person responsible for their observance, if this negligently caused serious or moderate harm to human health or major damage to a citizen, organization or state.

– damage caused to an individual in the amount of one thousand times the monthly calculation index, or damage caused to an organization or the state in the amount of two thousand times the monthly calculation index.

Article 307. Organization of illegal gambling business is the illegal opening or maintenance of a gambling establishment or the illegal organization of activities in the field of gambling, as well as the provision of premises for illegal gambling or the organization and conduct of gambling outside the places established by the legislation of the Republic of Kazakhstan on gambling, the organization of electronic casinos and online casinos or activities in the field of gambling without a license

– income, the amount of which exceeds one thousand monthly calculation indices;

Article 323. Handling of counterfeit medicines or medical products - Manufacture, manufacture or storage for marketing purposes, as well as the use or sale of counterfeit medicines or medical products, if this has entailed serious consequences

– the cost of medicines and medical devices for which falsification has been committed, exceeding one thousand monthly calculation indices;

Article 324. Violation of environmental requirements for economic or other activities - Violation of environmental requirements in the use of natural resources, design, placement, construction or reconstruction, commissioning or operation of enterprises, structures or other facilities, operation of industrial, energy, transport or communications facilities, agricultural and land reclamation facilities, construction of cities or other settlements, military or defense facilities, military or space if this act has caused or could have caused major damage, or has caused harm to human health.

Article 325. Violation of environmental requirements when handling environmentally potentially hazardous chemical or biological substances is a violation of environmental requirements during the production, transportation, storage, burial, use or other handling of environmentally potentially hazardous chemical or biological substances, if this act has caused or could have caused significant damage or caused harm to human health.

Article 326. Violation of environmental requirements when handling microbiological or other biological agents or toxins is a violation of environmental requirements when storing, destroying or burying microbiological or other biological agents or toxins, or illegally importing them into the Republic of Kazakhstan for processing, storage or burial, if this act has caused or could have caused significant damage or caused harm human health

Article 328. Pollution, clogging or depletion of waters - Pollution, clogging, depletion of surface or groundwater, glaciers, sources of drinking water supply or other changes in their natural properties, if this has caused or could have caused significant damage or caused harm to human health.

Article 329. Atmospheric pollution - Pollution of atmospheric air or other change in its natural properties due to violation of environmental requirements, if this act has caused major damage or caused harm to human health

Article 330. Marine pollution is pollution of the marine environment due to violation of environmental requirements, if this act has caused major damage or caused harm to human health.

Article 332. Land damage is the contamination of land by industrial, household or other emissions or waste, as well as poisoning, pollution or other damage to land by harmful products of economic or other activities due to violations of the rules for handling pesticides, pesticides, fertilizers, plant growth stimulants or other dangerous chemical, radioactive or biological substances during their storage, use, transportation or burial, if these acts have caused or could have caused major damage or caused harm to human health.

Article 333. Violation of the rules for the protection and use of subsurface resources is a violation of the rules for the protection and use of subsurface during the design and conduct of subsurface use operations, as well as general environmental requirements at all stages of subsurface use, if this act has caused or could have caused major damage or caused harm to human health.

Article 334. Unauthorized use of mineral resources - Unauthorized use of mineral resources, as well as unauthorized mining, if these acts have caused significant damage

Article 335. Illegal extraction of fish resources, other aquatic animals or plants - Illegal extraction of fish resources, other aquatic animals or plants, if this act is committed

Article 337. Illegal hunting is illegal hunting, including with the use of firearms, pneumatic, throwing, bladed weapons, other types of hunting implements, dogs, hunting birds of prey, horseback, horse-drawn vehicles, if this act is committed with significant damage, as well as illegal hunting with the use of explosive devices or other means of mass destruction. destruction of animals, aircraft, cars, motor vehicles, including snowmobiling equipment, or small vessels

Article 338. Violation of the rules for the protection of wildlife is a violation of the rules for the protection of wildlife during the implementation of production processes or the operation of vehicles, the use of plant protection products, mineral fertilizers or other preparations, resulting in the mass destruction or death of wildlife, as well as a violation of the procedure for the use or protection of hunting grounds, fisheries reservoirs, causing major damage

Article 339. Illegal handling of rare and endangered, as well as prohibited plant or animal species, their parts or derivatives - Illegal extraction, acquisition, storage, sale, import, export, transfer, transportation or destruction of rare and endangered plant or animal species, their parts or derivatives, including species whose treatment is regulated by international treaties of the Republic of Kazakhstan, as well as plants or animals prohibited from use, their parts or derivatives, as well as the destruction of their habitats

Article 341. Destruction or damage to forests - Destruction or damage to trees and shrubs, both included and not included in the forest fund, except for trees and shrubs on household, suburban and garden plots, as a result of careless handling of fire or other source of increased danger, if this act has caused major damage

Article 342. Violation of the regime of protection of specially protected natural territories is a violation of the regime of protection of specially protected natural territories, resulting in significant damage

Article 343. Failure to take measures to remediate (eliminate) environmental damage is Evasion or improper remediation (elimination) of environmental damage by persons who are responsible for carrying out such measures, which has created a threat of causing death to a person or has caused serious or moderate harm to human health, or has caused major damage

– the cost expression of the costs necessary to eliminate environmental damage or restore the consumer properties of natural resources, in an amount exceeding one thousand monthly calculation indices;

Article 340. Illegal felling, destruction, or damage to trees and shrubs is illegal felling, destruction, or damage to trees and shrubs that are not part of the forest fund and are prohibited from felling, except for trees and shrubs on household, suburban, and garden plots, as well as destruction or damage to forest crops, seedlings, or seedlings in forest nurseries and plantations. as well as young animals of natural origin, undergrowth, or self-seeding in areas intended for forest reproduction and afforestation, causing significant damage.

– the cost expression of the costs necessary to eliminate environmental damage or restore the consumer properties of natural resources, in an amount exceeding five hundred monthly calculation indices.

Article 344. Violation of the rules of traffic safety or operation of railway, air, sea or river transport is a violation of the rules of traffic safety or operation of railway, air, sea or river transport by a person who, by virtue of his work or position, is obliged to comply with these rules if this act negligently caused serious or moderate harm to human health or caused major damage

– the amount of damage exceeding two thousand monthly estimates;

Article 350. Intentional rendering unusable of vehicles or communication routes - Intentional destruction, damage or otherwise rendering unusable of a vehicle, communication routes, alarm or communication equipment or other transport equipment, as well as blocking of transport communications, if these acts negligently caused serious or moderate harm to human health or causing major damage, or disruption of the normal operation of transport and communications

Article 354. Violation of safety rules during the construction, operation or repair of main pipelines is a violation of safety rules during the construction, operation or repair of main pipelines, if this act negligently caused moderate harm to human health.

Article 355. Intentional damage or destruction of pipelines - Intentional damage or destruction of pipelines, including oil and gas pipelines

Article 356. Careless damage or destruction of pipelines - Damage or destruction of pipelines, including oil and gas pipelines, committed through negligence, resulting in deviation from the established operating regime or creating a real threat of harm to human health or the environment

– damage caused to a citizen in the amount of two hundred times the monthly calculation index, or damage caused to an organization or state in the amount of one thousand times the monthly calculation index.

Article 365. Obstruction of legitimate business activities - Restriction of the rights and legitimate interests of an individual entrepreneur or a commercial organization, regardless of the organizational and legal form or form of ownership, as well as restriction of independence or other illegal interference in the activities of an individual entrepreneur or commercial organization, including by violating the procedure for conducting inspections, unlawfully refusing to issue or evading the issuance of a special permit (license) to them to carry out certain activities, illegal suspension of a business entity's activities and (or) operations on its bank account, forced unlawful involvement of a private business entity in charity and other events, unlawful refusal, obstruction in the application or unlawful non-application of benefits and preferences, if these acts were committed by a person authorized to perform government functions or a person equivalent to him, or by an official using his official powers contrary to the interests of the service in order to harm other persons or organizations or to obtain benefits and advantages for himself or other persons or organizations, if this has caused significant harm to the rights and legitimate interests of citizens or organizations or the legally protected interests of society or the state,

Article 366. Receiving a bribe - Receiving a bribe in the form of money, securities, other property, the right to property, or benefits of a proprietary nature for oneself by a person authorized to perform government functions, or a person equivalent to him, or a person holding a responsible public position, or an official, as well as an official of a foreign state or international organization, personally or through an intermediary or other persons for actions (inaction) in favor of the payer or persons represented by him, if such actions (inaction) fall within the official powers of this person., or, by virtue of his official position, he may contribute to such actions (inaction), as well as for general patronage or connivance.

Article 367. Giving a bribe is giving a bribe to a person authorized to perform state functions, or to a person equated to him, or to a person holding a responsible public position, or to an official, as well as to an official of a foreign state or international organization, personally or through an intermediary.

– the amount of money, the value of securities, other property or benefits of a proprietary nature in excess of three thousand and up to ten thousand monthly calculation indices;

Article 399. Illegal manufacture, production, acquisition, sale or use of special technical means of secretly obtaining information - Illegal manufacture, production, acquisition, sale or use of special technical means of secretly obtaining information

– the cost of special technical means exceeding five thousand monthly calculation indices; in other articles – the amount of damage in the amount of one thousand times the monthly calculation index.

Comments and justifications:

1. In each case of applying the concepts of "major damage" and "large size", it is necessary to take into account not only the amount of damage, but also the circumstances of the case, the nature of the crime, as well as the consequences that may affect the qualification of the offense.

2. The Supreme Court of the Republic of Kazakhstan regularly issues regulatory rulings explaining the application of certain articles of the Criminal Code of the Republic of Kazakhstan. These rulings have the force of judicial practice and are binding on all courts of the Republic of Kazakhstan.

Issues related to the specific interpretation of the concepts of "major damage" and "large size", as well as their application in judicial practice, can be considered on the basis of regulatory rulings of the Supreme Court and other laws regulating relevant legal relations.

Attention!

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