Comment to Article 218. Violation of the legislation of the Republic of Kazakhstan on accounting and financial reporting of the Criminal Code of the Republic of Kazakhstan of the Criminal Code of the Republic of Kazakhstan
Failure of a person authorized to maintain accounting records to document information provided for by law, or the entry of deliberately false information about the economic and financial activities of an organization into accounting records by that person, as well as the destruction of accounting records before the expiration of their retention periods, which caused major damage, —
are punishable by a fine in the amount of up to three hundred monthly calculation indices or in the amount of the convicted person's salary or other income for a period of up to three months, or correctional labor for up to one year, or imprisonment for up to one year with a fine in the amount of up to one hundred monthly calculation indices or in the amount of the convicted person's salary or other income for a period of up to one month.
The public danger of a crime lies in the fact that violation of accounting rules at enterprises, institutions and organizations contributes to the commission of theft of material assets, tax evasion and other mandatory payments, as well as other abuses, resulting in significant damage to the economy of our state.
The object of the crime is public relations regulating financial and business activities. The subject of the crime includes primary and initial accounting records and documents: books, journals, records prepared manually or using a computerized system, as well as other materials containing information about the business activities of entrepreneurs. Primary documents prepared electronically have the force of a primary document when issued on paper.
The objective side of this crime is expressed in the commission of one of the following acts: a) evading documentation of information provided for by law; b) entering deliberately false information about the economic and financial activities of organizations into accounting documents; c) destroying accounting documents before the expiration of their retention periods.
According to paragraph 4 of the Law of the Republic of Kazakhstan "On Accounting and Financial Reporting" dated December 26, 1995, entrepreneurs and organizations are required to maintain accounting records and prepare financial statements in accordance with this Law, other regulatory legal acts of the Republic of Kazakhstan on accounting and financial reporting with accounting standards.
Accounting is a system of collecting, registering and summarizing information about assets, equity, liabilities, income and expenses of an entrepreneur, regulated by accounting standards and other regulatory legal acts issued in accordance with the legislative act on accounting.
An asset is defined as property, property and personal non-property benefits and rights of a subject that have a valuation.
Equity is the assets of an entity after deducting its liabilities.
An obligation is the obligation of the debtor to perform a certain action in favor of the creditor (to pay money, provide a service, etc.) or to refrain from a certain action, and the creditor has the right to demand that the debtor fulfill his obligations.
Income is an increase in assets or a decrease in liabilities in the reporting period.
Expenses are a decrease in assets or an increase in liabilities in the reporting period.
Failure to document information may include failure to make accounting records, late or incomplete preparation of financial statements in accordance with accounting standards, failure to submit accounting and financial reporting documents to internal or external control, or failure to submit annual financial statements to owners, state statistical authorities at the place of registration, and state control authorities. False information is entered into accounting documentation by deliberately incorrect compilation of the balance sheet, a report on the results of financial and economic activities, an incorrect assessment of assets and liabilities, a cash flow statement, a decrease in income or an increase in expenses.
The destruction of accounting documents is understood as bringing these data carriers into complete disrepair before the expiration of their storage periods. The methods can be different: incineration, damage, intentional loss; destruction of information embedded in a computer system, etc. Accounting records, accounting documents, and information prepared electronically must be kept by an entrepreneur or a person who maintains accounting records for a certain period established by the legislation of the Republic of Kazakhstan. When required by the state control bodies for accounting information, an entrepreneur or accountant is required to provide copies of documents containing the specified information.
The crime should be considered completed from the moment of causing major damage to the economic or financial activities of the organization. Major damage is determined in the same way as stipulated in the note to art. 189 of the Criminal Code of the Republic of Kazakhstan.
The subject of the crime is a sane individual who has reached the age of 16. As a rule, these are: a chief accountant, an accountant, an accountant of a specialized accounting firm, or a specialist accountant who conducts accounting on a contractual basis, or an entrepreneur who personally conducts accounting.
The subjective side of the analyzed crime is characterized by the presence of only direct intent. The person is aware that he is violating the established accounting rules, anticipates the onset of dangerous consequences and desires this. At the same time, some authors note that the crime provided for in Article 218 of the Criminal Code of the Republic of Kazakhstan can be committed with both direct and indirect intent.
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
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
