Comment to Article 213. Non-return of funds in foreign currency from abroad of the Criminal Code of the Republic of Kazakhstan of the Criminal Code of the Republic of Kazakhstan

     Non-return on a large scale from abroad by the head of the organization of funds in foreign currency, which are subject to mandatory transfer to accounts in an authorized bank of the Republic of Kazakhstan in accordance with the legislation of the Republic of Kazakhstan, —      

is punishable by imprisonment for a term of up to three years with or without deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.      

Note. The act provided for in this article shall be deemed to have been committed on a large scale if the amount of unpaid funds in foreign currency exceeds five thousand monthly calculation indices.

     Article 8 of the Law of the Republic of Kazakhstan "On Currency Regulation" dated December 24, 1996 (as amended and supplemented) establishes that residents (individuals residing in the Republic of Kazakhstan, including those temporarily residing abroad or serving in the civil service of the Republic of Kazakhstan outside its borders; all legal entities established in in accordance with the legislation of the Republic of Kazakhstan with its location in the Republic of Kazakhstan, as well as their representative offices and branches with their location in the Republic of Kazakhstan and abroad; diplomatic, trade and other official representative offices of the Republic of Kazakhstan located outside the Republic of Kazakhstan) may have accounts in foreign currency with authorized banks in accordance with the procedure established by the National Bank of the Republic of Kazakhstan. Foreign currency received by residents as payment for goods and services, as well as as a loan, is subject to mandatory crediting to their accounts with authorized banks, unless otherwise provided for in the license of the National Bank of the Republic of Kazakhstan obtained by the resident. Z050000057_ Currency transactions are: transactions related to the transfer of ownership and other rights to currency valuables; import and shipment to the Republic of Kazakhstan, as well as export and shipment from the Republic of Kazakhstan of currency valuables in any way.      The currency used to pay for the export of goods (works, services) must be received by residents and credited to their accounts with authorized banks within 120 days from the date of export of goods (works, services), unless another period is specified in the license of the National Bank of the Republic of Kazakhstan.      

The public danger of crime is expressed in undermining the normal functioning of the monetary system and causing enormous damage to the economy and the development of market relations in our state.      

The object of the crime under consideration is the social relations that develop in the field of currency regulation of foreign economic activity, the calculations of which are carried out in foreign currency.      

The subject of the crime is foreign currency, that is, monetary units accepted by foreign countries as legal tender, or official standards of value in cash and non-cash forms, in the form of banknotes, treasury notes and coins in circulation and being legal tender in the relevant foreign country, including in international monetary or settlement units..      

The objective side of this crime is expressed by an act in the form of non-return on a large scale from abroad by the head of the organization of funds in foreign currency, which are subject to mandatory transfer to accounts in an authorized bank of the Republic of Kazakhstan in accordance with the legislation of the Republic of Kazakhstan.      

Non-return should be understood when the currency is located abroad and is not returned, despite the fact that such an obligation is provided for by the relevant agreement, or when the currency is not credited to an authorized bank of the Republic of Kazakhstan.      

Non–repayment of funds in foreign currency is the actual non-fulfillment of the obligation to transfer funds from abroad to accounts in authorized banks of the Republic of Kazakhstan. This act can be committed by not issuing instructions to the bank on the transfer of funds to our country, by concealing the proceeds received and creating the appearance of its absence, failure to provide the necessary documents, etc.      

The crime should be considered completed from the moment of the actual non-return of funds in foreign currency to the territory of the Republic of Kazakhstan after the expiration of the established period.      

Criminal liability occurs only when the amount of unpaid funds in foreign currency is large. According to the notes to Article 213 of the Criminal Code, a large amount of unpaid funds in foreign currency should be understood as an amount exceeding five thousand monthly calculation indices.      

The subject of a special crime is the head of an organization whose business, business and other activities are related to the transfer of funds in foreign currency to the accounts of authorized banks in the Republic of Kazakhstan.      

On the subjective side, the crime being analyzed is committed only with direct intent. The perpetrator is aware that he does not return large amounts of funds in foreign currency from abroad, which are subject to transfer to an authorized bank of the Republic of Kazakhstan and wishes to perform these actions.

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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