Article 365. Obstruction of lawful entrepreneurial activity of the Criminal Code of the Republic of Kazakhstan, the Criminal Code of the Republic of Kazakhstan
1 Restriction of the rights and legitimate interests of an individual entrepreneur or 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 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, –
are punishable by a fine in the amount of up to three thousand monthly calculation indices, or correctional labor in the same amount, or community service for up to eight hundred hours, or restriction of liberty for up to three years, or imprisonment for the same term, with confiscation of property, with life imprisonment for the right to hold certain positions or engage in certain activities. activities.
2 The same acts committed:
2) by a group of persons by prior agreement;
3) on a large scale,
4) an employee of a law enforcement agency, –
are punishable by restriction of liberty for a term of up to six years or imprisonment for the same term, with confiscation of property, with life imprisonment for the right to hold certain positions or engage in certain activities.
3 The acts provided for in the first or second parts of this Article, committed:
1) a person holding a responsible government position;
2) on a particularly large scale;
3) by a criminal group or in the interests of a criminal group;
4) in the performance of official duties that are established The Law of the Republic of Kazakhstan "On amnesty of citizens of the Republic of Kazakhstan, oralmans and persons with a residence permit in the Republic of Kazakhstan in connection with their legalization of property", using information obtained during the legalization of property, –
are punishable by imprisonment for up to eight years with confiscation of property, with life imprisonment for the right to hold certain positions or engage in certain activities.
4 The acts provided for in the first, second or third parts of this Article, committed by a person holding a responsible public position in a law enforcement agency, or by a judge, –
are punishable by imprisonment from six to ten years with confiscation of property, with life imprisonment for the right to hold certain positions or engage in certain activities.
President
Republic of Kazakhstan
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