Comment to article 330-2. Organization of illegal migration of the Criminal Code of the Republic of Kazakhstan of the Criminal Code of the Republic of Kazakhstan

     1. Organization of illegal migration by providing vehicles or forged documents, or residential or other premises, as well as providing citizens, foreigners and stateless persons with other services for illegal entry, exit, movement through the territory of the Republic of Kazakhstan -    

is 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 ten months, or by imprisonment for a term of up to two years.      

2. The same acts committed by an organized group or using their official powers, -   

   are punishable by imprisonment for a term of up to five years.

     The object of the crime under consideration is social relations in the field of population migration.      The objective side of the crime is to organize illegal migration by providing vehicles or forged documents, or residential or other premises, as well as providing citizens, foreigners and stateless persons with other services for illegal entry, exit, and movement through the territory of the Republic of Kazakhstan.      Any migration of the population that is carried out in violation of legislation in the field of migration based on the Constitution of the Republic of Kazakhstan, consisting of the Law of the Republic of Kazakhstan "On Population Migration" and other normative acts, should be considered illegal.    

 On the objective side, the organization of illegal migration may consist in committing one of the following actions against citizens of the Republic of Kazakhstan, foreigners and stateless persons:    

 1) provision of vehicles;    

 2) providing forged documents;   

  3) provision of residential or other premises;    

 4) providing other services for illegal entry, exit, and movement across the territory of the Republic of Kazakhstan. The provision of other services should be understood as the use of any means of organizing illegal migration. A crime is committed only through actions.      

Illegal migration is not necessary for the crime to be declared over. 330-2 of the Criminal Code: "organization of illegal migration", "provision of services for illegal migration". Unsuccessful organization of illegal migration in the presence of other elements of this crime may be qualified as a completed crime under art. 330-2 of the Criminal Code.   

  The subjective side of the crime is expressed in the form of direct intent. The person is aware that he is organizing illegal migration and wants to do so. Motives and purpose do not affect the qualification of a crime, but are taken into account by the court when imposing punishment.    

 The subject of the crime is a sane individual who has reached the age of 16 and organized illegal migration.    

 330-2 of the Criminal Code of the Republic of Kazakhstan provides for liability for the same acts committed by an organized group or using official authority.     

An organized group should be understood as a stable group of people who have previously joined together to commit one or more crimes.   

  The use of a person's official powers is understood as the use for criminal purposes of the amount of authority that is granted to a person in connection with the exercise of any functions to facilitate the commission of a crime.

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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