Comment to Article 331. Illegal modification of the State border of the Republic of Kazakhstan of the Criminal Code of the Republic of Kazakhstan

     1. Removal, relocation or destruction of border signs for the purpose of illegal modification of the State border of the Republic of Kazakhstan —      

are punishable by restriction of liberty for a term of up to three years, or by arrest for a term of three to six months, or by imprisonment for a term of up to two years.    

2. The same acts committed repeatedly or entailing grave consequences, —      

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

     The object of the crime is the order in the field of the regime of the State Border of the Republic of Kazakhstan in the interests of its inviolability, as well as the territorial integrity of the Republic of Kazakhstan.   

  The subject of this crime is border signs. According to According to the Law "On the State Border of the Republic of Kazakhstan", the border is marked on the ground by clearly visible border signs (boundary pillars, pyramids, buoys, etc., art. 6 of the Law). The shapes, sizes of border signs, their description and the procedure for their installation are determined by the Government of the Republic of Kazakhstan and international treaties of the Republic of Kazakhstan.     

The passage of the State Border is established and changed only by international treaties of the Republic of Kazakhstan and decisions of the Government of the Republic of Kazakhstan through delimitation and demarcation. Delimitation is the definition in the contract of the general direction of the State border line and its geographical representation on the attached map. On the basis of delimitation, demarcation is carried out, that is, the designation of the State Border line on the ground.      The objective side of the crime is the removal, relocation, and destruction of border signs for the purpose of unlawfully changing the State Border of the Republic of Kazakhstan.    

 Withdrawal is understood as the removal of border signs from their place of installation on the State border line.       Relocation is the unauthorized installation of border signs in other places, rather than on the State border line, in violation of the procedure established by international treaties and national legislation.      Destruction is the complete elimination of border signs.      

The crime is considered to be over from the moment the border signs are removed, moved and destroyed.    

The subjective side is expressed in the form of direct intent. A mandatory feature of the subjective side is a special

the purpose is an illegal change of the State border of the Republic of Kazakhstan. The change should be understood as both an increase in the territory of the state and its decrease.    

 The subject of the crime is a sane individual who has reached the age of 16.     

Part 2 of Article 331 of the Criminal Code of the Republic of Kazakhstan provides for liability for the same acts committed repeatedly or entailing grave consequences.     

Repetition should be understood as the removal, relocation or destruction of border signs for the purpose of unlawfully changing the State Border of the Republic of Kazakhstan, committed by a person two or more times (regardless of whether the person was previously convicted of such an act). There will be no repetition if the statute of limitations for criminal prosecution has expired in relation to the first crime.   

   Grave consequences should be understood as consequences that have led to the breakdown of international treaties, the aggravation of relations with a neighboring State, the occurrence of border incidents, and the like.

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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