Article 50. Deprivation of the right to hold a certain position or engage in certain activities of the Criminal Code of the Republic of Kazakhstan, the Criminal Code of the Republic of Kazakhstan
1. The deprivation of the right to hold a certain position or engage in a certain activity consists in the prohibition to hold certain positions in the civil service, in local government bodies, financial organizations, or to engage in certain professional or other activities.
2. The deprivation of the right to hold a certain position or engage in a certain activity is established for a period of one to ten years.
For committing crimes in the field of economic activity and against the interests of service in financial organizations committed by a senior employee of a financial organization, a banking and (or) insurance holding company, a major participant (major shareholder) – an individual, head, member of the management body, head, member of the executive body, chief accountant of a major participant (major shareholder) – a legal entity of a financial organization provided for in part two of Article 238, part two of Article 239, part two of Article 250 of this Code, including persons temporarily or by special authority performing the functions of a governing body or executive body of a financial organization provided for in part two of Article 239 of this Code, deprivation of the right to hold a certain position shall be established for a period from five years prior to the establishment of the ban on holding the position of a senior employee of a financial institution, a banking and/or insurance holding company and be a major participant (major shareholder) of a financial institution for life.
For the commission of crimes against the sexual integrity of minors, as well as crimes provided for in parts two, three, four and five of Article 132, parts two and three of Article 133 of this Code, deprivation of the right to hold certain positions or engage in certain activities is mandatory and consists in a lifetime ban from holding teaching positions and positions related to work with minors..
For committing corruption crimes, deprivation of the right to hold a certain position or engage in a certain activity is mandatory and consists of a lifetime ban from holding positions.:
in the civil service;
judges;
in local government bodies;
employees of the National Bank of the Republic of Kazakhstan and its departments, the authorized body for regulation, control and supervision of the financial market and financial organizations;
an employee of an authorized organization for the investigation of aviation accidents, an authorized organization in the field of civil aviation operating in accordance with the legislation of the Republic of Kazakhstan on the use of the airspace of the Republic of Kazakhstan and aviation activities;
related to the performance of managerial functions in government organizations or quasi-public sector entities, as well as positions not lower than the head of an independent structural unit in these organizations, related to the exercise of decision-making authority for the organization and conduct of procurement, including government, or the selection or financing, or implementation, or monitoring of projects and (or) programs funded from the state budget and (or) the National Fund of the Republic of Kazakhstan;
in the Government for Citizens State Corporation, providing for the direct provision of public services or related to the provision of public services, or providing access to personal data of individuals and (or) other information, access to which is restricted.
3. Deprivation of the right to hold certain positions or engage in certain activities may also be imposed in cases where it is not provided for by the relevant article of the Special Part of this Code as an additional punishment for the relevant criminal offense, if, taking into account the nature and degree of public danger of the committed act and the identity of the perpetrator, the court finds it impossible for him to retain the right to hold certain positions or engage in certain activities.
4. When this punishment is imposed as an additional one to imprisonment or arrest, it applies to the entire time of serving the main sentence, but its term is calculated from the moment of serving the deprivation of liberty or arrest. In the case of the appointment of deprivation of the right to hold certain positions or engage in certain activities as an additional type of punishment to other basic types of punishment, as well as in the case of postponement of serving a sentence or a suspended sentence, its term is calculated from the moment the sentence enters into force.
President
Republic of Kazakhstan
© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan
Constitution Law Code Standard Decree Order Decision Resolution Lawyer Almaty Lawyer Legal service Legal advice Civil Criminal Administrative cases Disputes Defense Arbitration Law Company Kazakhstan Law Firm Court Cases
