Comment to Article 338. Assistance to political parties and trade unions of foreign states of the Criminal Code of the Republic of Kazakhstan of the Criminal Code of the Republic of Kazakhstan
Financing, provision of premises or property, as well as other assistance to political parties or trade unions of other States, if these acts have entailed a significant violation of the rights and legitimate interests of citizens or organizations or the legally protected interests of society or the state., —
are punishable by a fine in the amount of three hundred to one thousand monthly calculation indices, or correctional labor for up to two years, or arrest for up to six months, or imprisonment for up to one year.
Considering that a political party is created for the purpose of representing the interests of its members in representative and executive bodies of state power and local self-government and participating in their formation, the public danger of this crime lies in providing assistance to political parties and trade unions of foreign countries, resulting in a real threat to the national security of the state. In accordance with Part 4 of art . 5 of the Constitution of the Republic of Kazakhstan prohibits the activities of political parties and trade unions of other states, parties based on religion, as well as the financing of political parties and trade unions by foreign legal entities and citizens, foreign states and international organizations.
In accordance with the Law of the Republic of Kazakhstan dated July 15, 2002 "On Political Parties", the activity of political parties of other states is not allowed in the territory of the Republic of Kazakhstan.
The object of the crime in question is the normal activities of government agencies, religious or public associations, parties or trade unions.
The objective side of the crime is expressed in financing, or in providing premises or property, as well as in providing other assistance to political parties or trade unions of other States. A prerequisite for criminal liability is that these acts have entailed a significant violation of the rights and legitimate interests of citizens or organizations, or the protected interests of society or the State.
A crime is considered completed at the time of the onset of consequences in the form of a significant violation of the rights and legitimate interests of citizens or organizations, or the protected interests of society or the state.
If the specified consequences have not occurred and the harm caused has been recognized as insignificant, then the provision of assistance to political parties and trade unions of foreign countries as a crime against the order of government is excluded.
When deciding whether a violation is significant, it is necessary to take into account the degree of negative impact of the illegal act on the normal operation of an enterprise, organization, institution, the nature and extent of the moral, physical or property damage caused by it, etc.
A violation of the constitutional rights and freedoms of man and citizen should be recognized as a significant violation. When assessing property damage caused to a citizen, both the value of property damage and lost profits, as well as the financial situation and the significance of the damage to the victim, should be taken into account as significant.
When assessing property damage caused to legal entities, the value of the material damage, its significance for the functioning of the enterprise, organization, and material losses (lost profits) associated with the disruption of the functioning of the legal entity should be taken into account as significant.
The subjective side of the crime under consideration is expressed in the intentional form of guilt in the form of direct or indirect intent. A person is aware that by his actions in financing, providing premises or property, as well as providing other assistance to political parties or trade unions of other states, he violates the rights and legitimate interests of citizens or organizations or the legally protected interests of society or the state, desires or deliberately allows them to occur.
The subject of the crime may be a citizen of the Republic of Kazakhstan, a foreign citizen, or a stateless person who has reached 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 adoption: NO Body that adopted the act: 180000000000 Region of operation: 100000000000 Registration number of the NPA assigned by the normative body: 167 Status of the act: new Scope of legal relations: 028000000000 Form of the act: COMM Legal force: 1900 Language of the act: rus
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