Comment to Article 201. Bribery of participants and organizers of professional sports competitions and spectacular commercial contests of the Criminal Code of the Republic of Kazakhstan of the Criminal Code of the Republic of Kazakhstan

     1. Bribery of athletes, sports referees, coaches, team leaders and other participants or organizers of professional sports competitions, as well as organizers or jury members of spectacular commercial contests in order to influence the results of these competitions or contests —      

is punishable by a fine in the amount of one hundred to two hundred monthly calculation indices or in the amount of the convicted person's salary or other income for a period of up to two months, or correctional labor for a period of six months to one year, or arrest for a period of up to four months.      

2. The same act committed repeatedly or by an organized group, —      

is punishable by imprisonment for a term of up to three years.      

3. Illegal receipt by athletes of money, securities or other property transferred to them in order to influence the results of competitions, as well as illegal use by athletes of property services provided to them for the same purposes, —      

are punishable by a fine in the amount of two hundred to five hundred monthly calculation indices or in the amount of the convicted person's salary or other income for a period of two to five months, or by deprivation of the right to hold certain positions or engage in certain activities for up to three years, or by arrest for a period of four to six months.      

4. Illegal receipt of money, securities or other property, illegal use of property-related services by sports judges, coaches, team leaders and other participants or organizers of professional sports competitions, as well as organizers or jury members of spectacular commercial contests for the purposes specified in part three of this Article, —      

are punishable by imprisonment for a term of up to four years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.

     The public danger of this crime lies in the fact that it encroaches on the order of professional competitions and spectacular commercial contests, ensuring the protection of their results from falsification.      

The object of the crime is public relations that ensure the impartial and honest conduct of professional sports competitions and spectacular commercial contests.      

On the objective side, this crime consists in bribing athletes, sports referees, coaches, team leaders and other participants or organizers of professional sports competitions, as well as organizers or jury members of spectacular commercial contests in order to influence the results of these competitions or contests.      

A professional sports competition is considered when it is conducted by a sports organization recognized in accordance with the established procedure and declared as professional.      

A spectacular commercial competition is an event that is authorized to be held in an appropriate manner on the basis of regulatory legal acts that define its legal nature and regulate the procedure for holding it.      

In this case, bribery is understood as the transfer personally or through an intermediary of any property values or the provision of property services in order to influence the results of professional sports competitions or spectacular commercial contests.      

Athletes, sports judges, coaches, team leaders and other participants or organizers, as well as members of the jury of competitions and contests are persons officially endowed with the appropriate status.      The crime should be considered over from the moment of bribery. As for parts three and four, the moment of the end of the crime is associated with the receipt by the specified entities of money, securities or other property, as well as the illegal use of property-related services.      

The subject of a crime under parts one and two of this article is any sane individual who has reached the age of 16 at the time of the commission of the crime.      

On the subjective side, the crime being analyzed is committed with direct intent and a special purpose to influence the results of competitions and contests. The perpetrator is aware that he is bribing participants, organizers or jury members of sports competitions or spectacular commercial contests, and wants to influence their results.      

201 of the Criminal Code of the Republic of Kazakhstan provides for such qualifying features as repetition or its commission by an organized group.      

Bribery of participants and organizers of professional sports competitions and spectacular commercial contests is considered to have been committed repeatedly if it has been committed two or more times. At the same time, it is necessary to find out that the criminal record of this person has not been removed or expunged for a previous crime, in accordance with the procedure established by law, or the person has not been released from criminal liability for a previously committed crime or the statute of limitations for criminal liability for a previous crime has not expired.      

A crime is recognized as committed by an organized group if it is committed by a stable group of persons who have previously united to commit a crime under art. 201 of the Criminal Code of the Republic of Kazakhstan.      

201 of the Criminal Code of the Republic of Kazakhstan provides for the responsibility of athletes for illegally receiving money, securities or other property transferred to them in order to influence the results of competitions, as well as the illegal use by athletes of property services provided to them for the same purposes.      

201 of the Criminal Code of the Republic of Kazakhstan provides for the liability of sports judges, coaches, team leaders and other participants or organizers of professional sports competitions, as well as organizers or jury members of spectacular commercial contests for illegally receiving money, securities or other property, illegal use of property services for the purposes specified in Part 3 of this Article.    

The subject of the crime under Part 3 of Article 201 of the Criminal Code of the Republic of Kazakhstan is an athlete. At the same time, the sport does not matter for qualification.      

The subject of the crime under Part 4 of Article 201 of the Criminal Code of the Republic of Kazakhstan are sports judges, coaches, team leaders and other participants or organizers of professional sports competitions, as well as organizers or jury members of spectacular commercial contests.

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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