Article 249. Raiding The Criminal Code of the Republic of Kazakhstan, the Criminal Code of the Republic of Kazakhstan

Home / Codes / Article 249. Raiding The Criminal Code of the Republic of Kazakhstan, the Criminal Code of the Republic of Kazakhstan

1 The illegal acquisition of ownership of a share in a legal entity, as well as the property and securities of a legal entity, or the establishment of control over a legal entity by intentionally distorting the results of voting or obstructing the free exercise of the right when making a decision by a higher authority by entering into the minutes of a meeting, meeting, or extracts from them knowingly false information about the number of voters, the quorum or the results of voting , or the compilation of a deliberately unreliable vote count or registration of voting ballots, blocking or restricting the actual access of a shareholder, participant, member of the management body or a member of the executive body to voting, failure to provide information about the holding of a meeting, meeting, or reporting false information about the time and place of the meeting, meeting, voting on behalf of a shareholder, participant, or member of the management body under a deliberately forged power of attorney, through violation, restriction, or infringement pre-emptive purchase rights of securities, as well as intentionally creating obstacles to the exercise of the right of pre-emptive purchase of securities or by otherwise infringing on the rights and legitimate interests of a shareholder or participant of a legal entity when making decisions by the general meeting of shareholders or participants, or intentionally creating obstacles to the management of a legal entity or the execution of a decision of the general meeting or the exercise of the functions of an executive body by withholding constituent or other title documents, seals of the legal entity faces, which has caused significant harm to the rights or legally protected interests of citizens or organizations , or to the legally protected interests of society or the State, –

is punishable by a fine in the amount of up to five thousand monthly calculation indices, or correctional labor in the same amount, or community service for up to one thousand two hundred hours, or restriction of liberty for up to five years, or imprisonment for the same period, with confiscation of property, with deprivation of the right to hold certain positions or engage in certain activities for a period of up to two years.

1-1. Illegal acquisition of ownership rights to a share of participation in a legal entity, as well as property or securities of a legal entity, or the establishment of control over a legal entity by forcing the owner to alienate the legal entity, participation in it, securities and other property as a result of organizing or initiating inspections against this legal entity, adopting restrictive, prohibitive and other measures taken by law enforcement, regulatory or other authorized bodies or organizations, or in court, which has caused significant harm to the rights or legally protected interests of citizens or organizations , or to the legally protected interests of society or the State, –

is punishable by restriction of liberty for a term of up to seven years or imprisonment for the same term, with confiscation of property, with deprivation of the right to hold certain positions or engage in certain activities for a term of up to five years.

2 The acts provided for in parts one, 1-1 of this Article, committed:

1) by a group of persons by prior agreement;

2) repeatedly;

3) by a person using his official position, –

are punishable by imprisonment for a term of five to eight years with confiscation of property, with deprivation of the right to hold certain positions or engage in certain activities for a term of up to eight years.

3 The acts provided for in the first, 1-1 or second parts of this Article, committed:

1) a criminal group;

2) a person authorized to perform public functions, or a person equated to him, or an official, or a person holding a responsible public position, if they involve the use of his official position., –

are punishable by imprisonment for a term of eight to twelve years with confiscation of property, with deprivation of the right to hold certain positions or engage in certain activities for up to ten years, and in the cases provided for in paragraph 2), with life imprisonment for the right to hold certain positions or engage in certain activities.

President

Republic of Kazakhstan

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