Comment to Article 158. Production or proliferation of weapons of mass destruction of the Criminal Code of the Republic of Kazakhstan of the Criminal Code of the Republic of Kazakhstan

     Production, acquisition or sale of chemical, biological, and other types of weapons of mass destruction prohibited by an international treaty of the Republic of Kazakhstan, —      

is punishable by imprisonment for a term of five to ten years.

     The public danger of the crime in question is that. That their presence in States creates a real possibility of using such weapons in cases of interstate or internal conflicts as a means of depriving the conflict in favor of the party that used them, and this creates a threat of mass death of people, infection or destruction of the animal and plant world, to other harmful consequences for society and the environment.      

The direct object of this crime is public relations for the protection of peace and peaceful coexistence of States that are threatened by the production or proliferation of weapons of mass destruction.      

The law defines chemical, biological, and similar weapons as the subject of a crime. In terms of their destructive effect, these types of weapons are classified as weapons of mass destruction, while all other types are classified as conventional weapons.      

Chemical weapons include toxic substances and their means of combat use (special rockets, artillery shells, mines, aerial bombs; chemical land mines, hand-held chemical grenades, etc.). The damaging effect of chemical weapons as a type of mass destruction is based on the toxic properties of chemical compounds that, when in a vaporous, liquid or aerosol state, can It can enter the body through the respiratory system, skin, mucous membranes, and food tract. It is designed to destroy manpower, but it can also be used to infect terrain, weapons, military equipment, and various rear facilities.      

Biological (bacteriological) weapons are based on the use of pathogenic properties of microorganisms capable of causing massive diseases of humans, animals and flora. The basis of its damaging effects are bacterial agents — bacteria, viruses, fungi and toxic products of their vital activity, used for military purposes with the help of live infected disease vectors (insects, rodents, ticks) or in the form of suspensions and powders. Bacterial agents designed to infect humans include pathogens of plague, smallpox, anthrax, tularemia, brucellosis, cholera and other diseases. Bacterial agents can be used with the help of special rockets, artillery shells, aerial bombs and other ammunition.      

A nuclear weapon is a weapon (for example, a hydrogen bomb) in which the weapon of destruction is a nuclear charge, i.e. a device containing a reserve of nuclear energy. The latter is contained in certain substances and devices that ensure the rapid release of energy for a nuclear explosion. To use a nuclear charge as a nuclear weapon to deliver it to the place of use, a nuclear charge is placed in an aircraft bomb, a missile warhead, a torpedo, etc. The effect of nuclear weapons is based on the use of damaging factors of a nuclear explosion, i.e. The explosion caused by the release of nuclear energy is grandiose in its scale and destructive force. The damaging factors are: shock wave, light radiation, penetrating radiation, radioactive contamination.      

The objective side of the analyzed crime is characterized by the presence of one of the following actions:     

a) the production of weapons of mass destruction, meaning their manufacture in any way (artisanal, laboratory, factory) and all stages of their development - from laboratory to mass industrial production, regardless of volume and type;      

b) acquisition of weapons of mass destruction, which means becoming their owner or possessor as a result of purchase, exchange, donation, theft, etc.;      

c) the sale of weapons of mass destruction, i.e. the retaliatory or gratuitous alienation of the object of the crime into the possession of others.      

The crime should be considered completed from the moment of production, acquisition or sale of weapons of mass destruction prohibited by an international treaty of the Republic of Kazakhstan.      

The subjective side is characterized by direct intent, i.e. the guilty person was aware of the social danger of his actions (inaction), foresaw the possibility or inevitability of socially dangerous consequences and desired their occurrence.      

The subject of the crime is a physically sane person who has reached the age of 16.

Commentary from 2007 to the Criminal Code of the Republic of Kazakhstan from the Honored Worker of Kazakhstan, Doctor of Law, Professor, Academician of the Kazakhstan National Academy of Natural Sciences BORCHASHVILI I.Sh.                  

Date of amendment of the act:  08/02/2007 Date of adoption of the act:  08/02/2007 Place of acceptance:  NO Authority that adopted the act: 180000000000 Region of operation:  100000000000 NPA registration number assigned by the regulatory body:  167 Status of the act:  new Sphere of legal relations:  028000000000 Report form:  COMM Legal force:  1900 Language of the Act:  rus

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