Comment to article 330-3. Repeated violation of the rules for attracting and using foreign labor in the Republic of Kazakhstan of the Criminal Code of the Republic of Kazakhstan and the Criminal Code of the Republic of Kazakhstan
1. Repeated employment by an employer of foreigners and stateless persons staying in the territory of the Republic of Kazakhstan without the appropriate permission of the authorized body, -
is punishable by a fine in the amount of five hundred to seven hundred monthly calculation indices or in the amount of the convicted person's salary or other income for a period of five to seven months or by community service for a period of one hundred to two hundred and forty hours
2. Repeated violation by the employer of the rules for the use of foreign labor in the Republic of Kazakhstan -
is punishable by a fine in the amount of seven hundred to nine hundred monthly calculation indices , or in the amount of the convicted person 's salary or other income for a period of seven months to one year , or by community service for a period of one hundred and forty to two hundred and forty hours
The object of crimes is the established management procedure in the field of regulating the activities of individuals in the field of attracting and using foreign labor and stateless persons in the Republic of Kazakhstan.
Foreigners and stateless persons have the right to engage in labor activity in the Republic of Kazakhstan, if it is compatible with the purposes of their stay. They may not be appointed to certain positions or engage in certain work activities if, in accordance with the republican legislation, it is necessary to have citizenship of the Republic of Kazakhstan for this.
From the objective point of view, the crime in question is characterized by two independent acts:
1) repeated employment by an employer of foreigners and stateless persons residing in the territory of the Republic of Kazakhstan without the appropriate permission of the authorized body;
2) repeated violation by the employer of the rules for the use of foreign labor in the Republic of Kazakhstan.
The condition of criminal liability for the commission of these crimes is their repetition, i.e. the commission of these acts two or more times. A one-time commission of these crimes entails administrative liability under Article 306 of the Administrative Code of the Republic of Kazakhstan.
The crime should be considered over when there has been repeated hiring or repeated violation by the employer of the rules for the use of labor in the Republic of Kazakhstan.
Permits are issued and their use is monitored by the Migration Police of the Republic of Kazakhstan.
On the subjective side, the crimes in question may be committed intentionally.
The subject of the crime may be citizens of the Republic of Kazakhstan, foreigners or stateless persons over 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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